June 16, 2003 minutes

REGULAR CITY COUNCIL MEETING
MONDAY, JUNE 16, 2003

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, June 16, 2003 in the Council Chambers at City Hall. Mayor Robinson called the meeting to order at 8:00 p.m.

QUORUM:

In attendance were Mayor Robinson, Mayor Pro Tem Jenkins, Councilmembers Aleshire, Bannister, Bennett, Booker Jones, and Brady; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Elissa Levan, Members of the Staff, the Press and the Public.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Council led the Pledge of Allegiance to the Flag.

PRESENTATIONS:

Proclamation P-15-03 – Recognizing and Honoring Suzanne Maxey For Her Three Years as Principal at Bowie High School – Mayor Robinson read and moved approval of P-15-03. Councilman Brady seconded the motion and it carried unanimously.

The Honorable Mary Conroy presented a proclamation from the Maryland House of Delegates and added that Ms. Maxey has brought honor and distinction to her profession and especially to the City of Bowie.

Mayor Pro Tem Jenkins read and presented a resolution from the Senate of Maryland, which was signed by Senator Leo E. Green and President of the Senate Mike Miller, and which extended sincere congratulations in recognition of Ms. Maxey’s hard work and dedication to the students of Bowie High School.

Councilwoman Bennett read and presented a proclamation from County Councilman Doug Peters recognizing the exceptional service of Ms. Maxey to the students, teachers and parents of Bowie and Prince George’s County.

Dr. Alan Kolski presented a Bowie afghan to Ms. Maxey from the Bowie Education Committee, thanked her for her hard work and noted she will be missed.

Ms. Maxey thanked everyone for the recognition and said she will truly miss Bowie and the students and parents of Bowie High School.

CITY MANAGER’S REPORT:

City Manager Deutsch reported on the following: 1) Ardleigh Court Property – Demolition of the structure will occur in July; utility services have been disconnected; site will be prepared for sale. 2) Pennypacker Lane Fire – Staff is working with lender and forwarded an estimate from a contractor, which they feel, is a good price; staff is hopeful the house will be demolished within the next 30 days and then the lender will market the lot. 3) Comcast Cable – staff has had ongoing discussions regarding issues related to changes that Comcast made in their station lineup; at a meeting last Friday, they indicated a positive reaction to the City’s request to work on a mechanism to carry some of the Baltimore channels for news programming; another concern was televising of the Ravens Football Team and Comcast indicated they could not accommodate the City’s request; they suggested the City contact the National Football League directly to see if they are open to allow the City to carry the games on the peg channel. 4) Pedestrian Bridge – the bridge is complete, but there are a couple of issues which staff is trying to resolve with the contractor regarding specifications; the City does not want to accept the bridge until those issues are resolved; as soon as they are resolve, a ribbon cutting ceremony will be scheduled opening the bridge up to the public.

CONSENT AGENDA:

A. Mayor Pro Tem Jenkins moved to approve Consent Agenda Items A-I: A. Approval of Resolution R-46-03, Accepting Bid for Irrigation Well at Hopkins Park; B. Approval of Resolution R-57-03, Authorizing the Purchase of An Historic Painting of “Charles XIII” From William Burch Auctioneers for the Belair Mansion; C. Approval of Resolution R-58-03, Waiving Bidding Requirements for the Purchase of Infield Ball Mix at Bogley Park and Authorizing a Contract with Blue Mount Quarry; D. Approval of Resolution R-59-03, Accepting Bid for Widening of the Driveway to the Water Treatment Plant; E. Approval of Resolution R-60-03, Authorizing the Waiving of Bidding Requirements and Allowing for Contract Renewal for Street Resurfacing and Coldmilling; F. Approval of Resolution R-61-03, Authorizing the Transfer of Certain Amounts in the 2002-2003 Budget; G. Approval of Resolution R-62-03, Accepting a Bid Proposal for the Purchase and Installation of Two Sony Digital Studio Cameras and Accessories; H. Approval of Resolution R-63-03, Waiving Bidding Requirements for the Purchase of Four Truck Hitches and Four Leaf Collection Boxes for the Annual Leaf Collection Program; and I. Approval of Proclamation P-16-03, Congratulating Audrey E. Scott on Being Selected to Receive the Soroptimist International of Bowie-Crofton Woman of Distinction Award for 2003. Councilman Aleshire seconded the motion and it carried unanimously.

NEW BUSINESS:

A. Adopting the Recommendations of the Diversity Task Force – Ms. Una Cooper, Staff Liaison to the Task Force, summarized the staff report dated June 11, 2003, a copy of which is on file at City Hall. She reported that the Council accepted the Task Force Report on May 19, discharged the Task Force and decided to discuss the report and the recommendations contained therein, which are included in the staff report. Ms. Cooper also reported that the recommendations are similar to a framework that was provided by the National League of Cities in 2000; the first step was to take stock, form a group, listen to different voices, understand the topic, understand the demographics, evaluate where the City is in terms of hiring, services and staff training. She said the NLC also suggested implementing initiatives and assess outcomes by facing the facts, set an example as a government, reach out to the community, communicate the ideas in the press and each other, envision the future, involve youth, partner with educators and refocus on the problem areas, and lastly, celebrate the progress and the diversity, plan future initiatives, recognize the partners and then expand the efforts through the government, the community and other organizations.

Mr. John Gossart, Cochair of the Diversity Task Force, noted on behalf of the entire Task Force, that he was pleased with the staff recommendations. He said one of the things that was left open to Council was whether or not a committee or subcommittee of the Community Outreach Committee should be adopted to begin to implement the recommendations.

Public Hearing:

Mr. Dale Grant, 12800 Helm Place, Chairman of the Community Outreach Committee, said the committee is willing to accept the challenge if the Council chooses that a subcommittee be created.

Councilman Aleshire moved to accept the recommendations of the Task Force and to create a subcommittee under the Community Outreach Committee. Councilman Bannister seconded the motion.

Mayor Pro Tem Jenkins amended the diversity statement by adding a sentence in the first paragraph after the first sentence to read: “Indeed, the richness of diverse backgrounds provides the fundamental building blocks for unity within every strong community.”; add the words “unity through diversity” in the next sentence to read: “In our commitment to unity through diversity, …….”; and in the last sentence, last paragraph, add the word “unity”. The maker and seconder of the motion accepted the amendment.

Councilwoman Booker Jones asked Mr. Gossart if the Task Force addressed employment issues within City Hall. Mr. Gossart replied that they met with City staff, and posed questions; they had a sense that people who work for the City of Bowie stay a long time and there are few vacancies; the Personnel Officer advised them of recruitment efforts, particularly in management areas. Ms. Booker Jones then asked if the Personnel Officer had given any indication as to how the City was going to address recruitment efforts and Mr. Gossart replied he did not. He added that as elected officials of the City, this issue could be dealt with directly by the Council. Ms. Booker Jones then asked about the issue of allegations of disparity with respect to the Boys and Girls Club in terms of the facilities and resources. Mr. Gossart said they met with staff regarding the process of allocating ballfields; if there is a disparity in the allocation of resources or ballfields, the Council needs to address it; if it is more of a perception than reality, then the Council also needs to address the perception as well. He disagreed that there is a disconnect of engagement to encourage new residents to participate in activities sponsored by City Hall; the Task Force report recommends improvement to the City’s welcome packet and to encourage the Council to hold meetings to educate the new people of the community.

Councilman Brady moved to amend the motion on the table to create a full committee rather than a subcommittee as part of another committee. Councilwoman Booker Jones seconded the motion and it carried with a vote of 4-3 (Robinson, Aleshire, Jenkins).

The motion to adopt the Task Force’s recommendations carried unanimously.

B. Detailed Site Plan #03019 – Spring Meadow – Mr. William Knight, attorney for the applicant, gave a brief summary of the proposal noting that the site is located on the east side of Church Road south of MD 450. Mr. Roy Kilby, the developer of the property, passed out a brochure, which depicted samples of the proposed units. With regard to Condition #5 of the staff report, Mr. Knight said they were agreeable that all fireplace chimneys be finished to finished grade; Condition #9, he asked that the trails be constructed at the middle of the project rather than prior to the first building permit issuance. He concluded by saying the applicant agreed with all other conditions.

Rev. John Cooper, Sr., Chairman of the Bowie Advisory Planning Board, reported that Board voted 5-1 in favor of the staff recommendation of approval with conditions.

Ms. Cynthia Fenton, City Planning staff, summarized the staff report dated June 12, 2002, a copy of which is on file at City Hall. She said staff recommends approval with 19 conditions, and agrees with the applicant’s amendments to Conditions 5 and 9.

Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.

Councilwoman Booker Jones moved to accept the staff recommendation of approval with 19 conditions; Conditions 5 amended to read: “All fireplace chimneys, regardless of location on the dwelling unit, should extend to finished grade. Prefabricated inserts on the first floor shall either extend to finished grade or be well landscaped; prefabricated inserts on the second or third floors shall be limited to locations not visible from the street; and Condition 9 to read: “All trails shall be constructed prior to the issuance of the 28th Use and Occupancy permit.” Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

C. Amendments to Prince George’s County Water and Sewer Plan (April 2003 Cycle) – Mr. Joseph Meinert, City Planning staff, summarized the staff report dated June 12, 2003, a copy of which is on file at City Hall. He reported on the following items:

1. Amendment #03/W-03 – Governor’s Bridge Road Estates – request change from Category 5 to 4 on 2.7 acres; proposal is for 4 single-family detached dwellings with a minimum floor area of 3,500 square feet and a minimum sale price of $400,000; the property is located on the north side of governor Bridge Road, approximately 650’ east of Whispering Leaf Lane in the R-R zone. He reported that since the site meets the criteria for advancement to Category 4, staff recommends approval.

Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.

Councilwoman Booker Jones moved approval of the staff recommendation. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

2. Amendment #03/W-04 Mill Branch, Parcel 5 – request from Category 6 to 4 on approximately 99 acres; proposal is for 44 single-family dwellings with a minimum floor area of 3,000 square feet and a minimum sale price of $450,000; the property is located on the east side of US 301, between Route 301 and Mill Branch Road in the R-A zone. Mr. Meinert reported that the criteria for revising the Water and Sewer Plan’s Sewer Service Envelope has not been met and, therefore, recommends advancement to Category 4 not be approved.

Public Hearing:

Mr. William Snyder, 2404 Mill Branch Road, said the property is on well and septic and urged the Council to reject the request for advancement to Category 4.

Ms. Mary Bottner, 2505 Mill Branch Road, spoke in opposition to advancement of the category since she felt the Rural Tier meant no water and sewer in that area.

Mayor Pro Tem Jenkins moved for approval of the request for Category change because he felt that the property is within the property zoned for the change, the proposal is for upscale, quality development, septic will support at least 40 units and public sewer is preferable over septic. Councilwoman Booker Jones seconded the motion and it carried with a vote of 4-3 (Brady, Aleshire, Bannister).

3. Amendment #03/W-10 Hillside Estate – request change from Category 5 to 4 on 3.67 acres; proposal is for 3 single-family detached dwelling units with a minimum floor area of 4,000 square feet and a minimum sale price of $400,000; the property is located on the east side of MD 197, approximately 1,000 feet north of Rustic Hill Drive in the R-R zone. Mr. Meinert reported that because of the negative environmental impact of a three lot subdivision that would include construction of a public road, staff recommends denial of the requested change; however, staff would recommend approval of an application containing no more than two dwelling units served by public water and sewer, provided that disturbance of the site’s sensitive features is minimized.

Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.

Councilwoman Bennett moved to support staff’s recommendation of denial and agreed with staff observations. Councilman Aleshire seconded the motion and it carried with a vote of 4-3 (Booker Jones, Bannister, Jenkins).

D. Comprehensive Design Plan #9705 – Palisades at Oak Creek - Mr. Andre Gingles, attorney for the applicant, described the site and noted that the original CDP was approved in 1997; the subject portion of the site was identified in 1997 as a ‘residue area’ for future residential development knowing that the CDP would later have to be revised to address the design details to be associated with it. He said the proposal is for 166 lots for single-family detached units in the northeast portion of the 370-acre Cameron Grove site; the two southern pods would be separate from the units in Pod A in the northern portion of the site. He explained how the two pods will not have a vehicular access connection to Pod A; Oak Creek Club will be a gated community with privately maintained streets.

Rev. John Cooper, Sr., Chairman of the Bowie Advisory Planning Board, reported that the Board moved 6-0 for denial because of lack of adequate public facilities and concerns over road improvements.

Ms. Lori Shirley, City Planning staff, summarized the staff report dated June 12, 2003, a copy of which is on file at City Hall. She gave some background of the proposal and reviewed the criteria noting that the Prince George’s County Zoning Ordinance contains 10 required findings for Comprehensive Design Plan approval. Ms. Shirley reported that 8 of the 10 criterions have been satisfied and one was not applicable. She said staff is not satisfied with Criteria #7 and that the staging of the development will not be an unreasonable burden on available public facilities; it has been demonstrated that the majority of the existing public facilities are either overburdened or over capacity at this time; there are few funding mechanisms in place at the County level to resolve these public facilities inadequacies in the foreseeable future; based on current City policy as to adequate public facilities and the fact that these many existing public facilities in the Bowie area are overburdened, this proposal cannot be support; therefore, staff recommends that CDP #9705/03 for the Palisades at Oak Creek be disapproved.

Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.

Councilman Bannister moved approval of the staff recommendation of disapproval. Councilwoman Bennett seconded the motion and it carried unanimously.

ADJOURNMENT:

Mayor Pro Tem Jenkins moved to adjourn the meeting into Executive Session for the purpose of discussing personnel and property matters. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 10:50 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk