REGULAR CITY COUNCIL MEETING
MONDAY, DECEMBER 5, 2005

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, December 5, 2005 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, Councilmembers Conroy, Jenkins, Kroemer, Lyles and Turner; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Elissa Levan, Members of the Staff, the Press and the Public. Mayor Pro Tem Brady was attending a National League of Cities conference in the capacity of President of the Maryland Municipal League.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Council led the Pledge of Allegiance to the Flag.

CITIZEN PARTICIPATION:

Ms. D.J. Campbell, 2809 Folsom Lane, spoke about past history of her complaints about City street lights shining into her home. She also said the situation still exists and noted perceived code enforcement problems.

CITY BOARDS AND COMMITTEES:

A. Reappointment of City Committee, Board and Commission Members –Councilman Jenkins moved to appoint Ms. Asante Scott as a member of the Arts Committee. Councilman Turner seconded the motion and it carried unanimously.

B. Councilman Jenkins moved the appointment of Dr. Linda Mann as a member of the Diversity Committee. Councilman Turner seconded the motion and it carried unanimously.

C. Councilman Turner moved the appointment of William Aleshire as a member of the Community Recreation Committee. Councilman Jenkins seconded the motion and it carried unanimously.

D. Councilman Conroy moved the appointment of Rev. Angela Brown as a member of the Community Outreach Committee. Councilman Jenkins seconded the motion and it carried unanimously.

E. Mayor Robinson swore Ms. Scott, Dr. Mann, Mr. Aleshire, and Rev. Brown into office in accordance with Sec. 92A of the City Charter.

COUNCIL ANNOUNCEMENTS:

Mayor Robinson thanked City staff and the Civic Affairs Committee for making the tree lighting ceremony a successful event. He also announced that the City Council met in Executive Session on November 29, 2005 for the purpose of discussing land issues.

CITY MANAGER’S REPORT:

City Manager Deutsch reported: 1) Snow Storm - Trucks will spread salt as needed on City streets; 2 to 3 inches are expected; 2) Pointer Ridge Plaza - Lighting in front of stores and edge of walkways are now working; staff will continue to monitor; 3) Cable - Staff is continuing to negotiate for a cable franchise agreement with Verizon; another meeting is scheduled for December 19, 2005.

CONSENT AGENDA:

Mayor Pro Tem Jenkins moved the approval of Items A. Approval of Minutes of September 19, 2005 Council Meeting; B. Approval of Minutes of October 4, 2005 Council Meeting; C. Approval of Minutes of October 17, 2005 Council Meeting; D. Approval of Minutes of October 24, 2005 Council Meeting; E. Approval of Minutes of November 14, 2005 Council Meeting; F. Approval of Resolution R-81-05, Approving the Transfer of City of Bowie Owned Property Located at 3112 Belair Drive, Bowie, Maryland to the National Capital Union Presbytery, Inc.; G. Approval of Resolution R-82-05, Accepting Bid Proposal for Furnishing Fire Hydrants and Gate Valves; H. Approval of Resolution R-83-05, Adopting the Recommendation of the Diversity Committee to Create a Bowie Hate Crime and Bias Incident Response Policy; I. Approval of Resolution R-84-05, Accepting Bid for Repairs, Cathodic Protection System Installation, Spot Cleaning and Spot Coating to the 600,000 Gallon Steel Elevated Water Tank on Belair Drive and J. Introduction of Resolution R-1-06, Enlarging the Corporate Boundaries of the City of Bowie By Annexing Certain Residential Property and a Portion of the W.B. & A Trail Parcel, Contiguous and Adjoining to the City’s Existing Boundaries Known as the Colt Neck Subdivision, Consisting of Approximately 54.381 Acres of Land Located on the South Side of Race Track Road at Its Intersection With Jericho Park Road. Councilman Brady seconded the motion and it carried unanimously.

NEW BUSINESS:

A. Church Road Task Force - Briefing - City Manager Deutsch reported that the County assembled a task force earlier this year to address a number of issues related to safety on Church Road from Rte. 450 north to the southern terminus. He introduced Mr. George Braxton representing the Prince George’s County Council.

Mr. George Braxton said he was representing specifically County Councilmembers Dean and Peters and that some time ago, they determined there was a need to discuss the future of the Church Road corridor to review current and future developments and to discuss the possible road impacts improvement alternatives. He noted that Church Road intersects both County Districts 4 and 6. During the first meeting held in April, 2005, it was decided to divide Church Road into 4 segments: 1) MD 450 Annapolis Road to US 50; 2) US 50 to Mt. Oak Road; 3) Woodmore Road to MD 214; 4) MD 214 to Oak Grove. He said the separate segments became focus groups and at the second meeting participants joined the focus group for which they had special interests or knowledge. Mr. Braxton reported that a consensus of the Task Force strongly felt that vehicle and pedestrian safety should be primary consideration for roadway improvements. He reported on the consensus which is noted at the end of the Task Force report: 1) the Task Force supports the 2005 B MP, that Church Road be designated as a scenic and historic route and that design guidelines be adopted; 2) the Task Force supports the 2005 B MP that Church Road be designated a 2-4 lane collector route within a 90-foot right-of-way; 3) the Task Force supports the realignment of Church Road to the east of its current alignment between Woodmore Road and Central Avenue utilizing City-owned Hopkins property; 4 - the Task Force supports continued funding for Mt. Oak and Woodmore Roads intersections. He added that the Task Force believes that a Capital Improvement Program should be established for the section of Church Road between MD 450 and US 50; in conjunction with its views on vehicle and pedestrian safety, the task force also believes that the following should be considered under enforcement and planning considerations: 1) institute traffic enforcement to reduce speeding; 2) investigate truck restrictions; and 3) develop design standards for trail and bicycle paths.

Public Hearing:

Col. Harlan Tucker, 3100 Teton Lane, member of the Task Force and the Chairman of the Community Recreation Committee (CRC), said that the CRC has been concerned for some time about safety, particularly the area in front of Church Road Park; this area of the road is winding, narrow and the truck traffic related to the construction on Church Road makes it difficult to pull off onto the shoulders; recommendations are to pave the shoulders, widen the road, increase police protection, reduce speed on the road, try to restrict truck traffic, and the addition of “no parking” signs on Church Road in the vicinity of the park, as well as increasing lighting along the road.

Mayor Robinson noted that the Task Force is truly an example of collaborative effort between multiple levels of government to the benefit of the community. He asked Mr. Braxton to extend the Council’s expression of appreciation to County Council Chairman Dean and County Councilman Peters for their willingness to take this as a strong partnership approach.

Mayor Robinson asked for consensus to send a letter to the County Council to encourage that the County move forward on the section of Church Road in front of the park as a priority, and in the interim, to follow up with the other Task Force recommendations to improve the roadway. Council concurred.

B. Shopping Centers Security Legislation - City Manager Deutsch distributed copies of the proposed legislation to the Council. He said the bill is proposed by Delegate Marvin Holmes, which if passed in its present form would require owners of shopping centers of 100,000 square feet to provide on-site “mobile security”; the bill would affect 9 shopping centers some of which already employ security personnel. Mr. Deutsch added that Council might want to seek the advice of the Economic Development Committee, as well as affected shopping center owners and tenants, and the Greater Bowie Chamber of Commerce.

Delegate Holmes addressed the Council and said the bill is short and not very technical in nature; the intent is have the bill in a skeleton form so as debate occurs, advice can be received from police officials and shopping center representatives in terms of what they feel should be included in the bill. He asked for comments from the Council and concurred with the City Manager’s suggestions to obtain comments from the EDC, etc.

Following discussion, it was the consensus of the Council to direct staff to review the legislation and seek comment from the Chamber of Commerce, shopping center owners, and the EDC, and reschedule this item for a January Council meeting.

C. Preliminary Plan #4-05033 - Pheasant Ridge - Ms. Cynthia Fenton, City Planning staff, summarized the staff report dated December 1, 2005, a copy of which is on file at City Hall. She displayed a Power Point presentation and noted that the site is located on the north side of Old Fletchertown Road, west of Chestnut Avenue and Highbridge Road; the applicant is proposing 19 single-family detached lots, the site is 14.38 acres and is zoned R-R. Ms. Fenton described the topography of the site and noted there were no wetlands, flood plains or streams on the site. She said the Bowie Advisory Planning Board (BAPB) reviewed the Preliminary Plan on March 15, 2005, and subsequent to this hearing the applicant withdrew the Preliminary Plan to allow time to further address matters of off-site road improvements and other site design issues; the applicant then reapplied for Preliminary Plan approval under a new number; the number of lots has been reduced from 23 to 19 in order to allow more sensitive grading and to address tree preservation concerns. Ms. Fenton also reported that the applicant is no longer requesting a variation from lot depth by readjusting the lot line and by realigning the road to allow for greater lot depth; since the applicant has reduced the number of lots, the amount of existing woodland for preservation has been increased from 3.53 to 4.02 acres; the County Department of Public Works and Transportation is requiring that the applicant provide standard improvements within the subdivision, including street lights, sidewalks and appropriate signage; they are also required off-site improvements to provide enhanced sight distance and vehicular movements north of the intersection of Old Fletchertown and Fletchertown Roads. Ms. Fenton then displayed an on site rendering showing the amount of woodland being preserved, how the houses will be oriented on the lots, and an example of the architecture being proposed. She said with regard to Adequate Public Facilities, that the response times for emergency and non-emergency police were not met; the applicant will pay $71,820 of an APF mitigation fee in addition to a $6,000 per unit public safety surcharge. She concluded her report by saying that staff recommends approval with the conditions noted on Pages 4 and 5 of the staff report.

Mr. Tom Haller, attorney for the applicant, spoke about road improvements to comply with safety concerns raised by residents of the area. He added that the applicant concurs with the staff recommendation with conditions.

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

Following further discussion concerning Adequate Public Facilities for schools, Councilman Kroemer asked that a worksession be scheduled to revisit the Strategic Plan. He then moved approval of Preliminary Plan #4-05033. Councilman Lyles seconded the motion and it carried with a vote of 6-0 (Brady absent).

D. Detailed Site Plan #DSP05074 - Woodmont Estates - Mr. Frank Stevens, City Planning staff, summarized the staff report dated December 1, 2005, a copy of which is on file at City Hall. He displayed a Power Point presentation.

Mr. Mike Nagy, attorney for the applicant, said the applicant agrees with the conditions as modified and asked for Council’s approval.

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

Councilman Turner moved approval of the staff recommendation for approval of DSP05074 with conditions noted on Pages 4 and 5 of the staff report. Councilman Conroy seconded the motion and it carried with a vote of 6-0 (Brady absent).

ADJOURNMENT:

Councilman Jenkins moved to adjourn the meeting into an Executive Session to discuss land use and legal matters. Councilman Kroemer seconded the motion and it carried unanimously. The meeting was adjourned at 9:32 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk