REGULAR CITY COUNCIL MEETING

TUESDAY, FEBRUARY 21, 2006

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Tuesday, February 21, 2006 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 Brady, Councilmembers Conroy, Jenkins, Kroemer, Lyles and Turner; City Manager Deutsch, Asst. 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.

AGENDA ADDITIONS:

Mayor Robinson announced that Proclamation P-2-06 Declaring February 19-25, 2006 as National Professional Engineers Week is added to the agenda under Presentations.

PRESENTATIONS:

A. Proclamation P-2-06 -Proclaiming February 19-25 As “National Engineers” Week - Mayor Pro Tem Brady read and moved approval of P-2-06. Councilman Jenkins seconded the motion and it carried unanimously. Mr. Ken Freelain accepted the proclamation and said National Engineers Week was founded in 1951 by the National Society of Professional Engineers and the week recognizes the accomplishments of all engineers. He gave a brief history of National Engineers Week.

B. “Let Freedom Ring” Poetry Contest - Ms. Elveeda Dixon, Chairwoman of the Diversity Committee, read the names of the winners and presented them with First, Second, and Third Prize ribbons and check (see attached).

CITY BOARDS AND COMMITTEES:

A. Councilman Kroemer moved the appointment of Jesse Chittams as a member of the Education Committee. Councilman Brady seconded the motion and it carried unanimously.

B. Councilman Kroemer moved the appointment of Rev. Robert Andrews as a member of the Community Outreach Committee. Councilman Conroy seconded the motion and it carried unanimously.

C. Mayor Pro Tem Brady moved the appointment of Michael DiMario as a member of the Ethics Commission. Councilman Jenkins seconded the motion and it carried unanimously.

D. Mayor Robinson swore Messrs. Chittams, Andrews, and DiMario, and Ms. Katrina Stapleton who had been appointed at the previous meeting, into office in accordance with Sec. 93A of the City Charter.

COUNCIL ANNOUNCEMENTS:

Mayor Robinson announced: 1) that staff had done an incredible job removing snow from City streets and picking up storm debris; 2) that Judd Berger of the Bowie Star, would no longer be representing the paper at Council meetings due to the fact that he had been promoted. Mr. Robinson congratulated Mr. Berger on behalf of the Council.

CITY MANAGER’S REPORT:

City Manager David Deutsch reported on the following items: 1) Snow from recent storm was cleaned up very quickly by City crews; crews also worked over the weekend on clearing tree limbs from around the City and will be working throughout the week; rules for bundling tree limbs have been relaxed. 2) There is legislation being promoted by the Maryland Association of Counties (MACO), which would severely restrict annexation by municipalities in the future; the Maryland Municipal League has asked each municipality to have a representative at each of the hearings to be held.

CONSENT AGENDA:

Councilman Lyles moved approval of Consent Agenda Items: A) Approval of Resolution R-10-06, Approving Entering Into a Purchase and Sale Agreement with Trust for Public Land, Inc. to Sell the City Owned Property Located on Swanson Road Commonly Known as the Hohensee Property; and B) Approval of Resolution R-11-06, Authorizing the Waiving of Bidding Requirements by Two-Thirds Vote to Allow for the Issuance of a Purchase Order for Engineering to Design Improvements at the Water Treatment Plant. Councilman Brady seconded the motion and it carried unanimously.

OLD BUSINESS:

A. Ordinance O-1-06 - Amending Chapter 21B, “Stormwater Management Control” of the Code of the City of Bowie to Conform to Current State Regulations - City Attorney Elissa Levan summarized the ordinance and said the changes reflect the fact that low impact development is a part of the Maryland Department of the Environment design guidelines; proposed amendments include additional definitions and an increase in the “fee-in-lieu” from $0.50 to $1.00 per square foot of pervious area for waivers; the ordinance outlines the process for homeowner maintenance and inspection of stormwater quality devices on private property.

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

Mayor Pro Tem Brady moved the adoption of Ordinance O-1-06. Councilman Lyles seconded the motion and it carried unanimously.

NEW BUSINESS:

A. Detailed Site Plan #05083 - Fairwood, Phase II, Part 2 - Ms. Elizabeth Chaisson, City Planning staff, summarized the staff report dated February 15, 2006, a copy of which is on file at City Hall. She reported that the Bowie Advisory Planning Board held a hearing on the application and recommended disapproval of the Detailed Site Plan. Ms. Chaisson then displayed a PowerPoint presentation showing the topography of the site, zoning, location of a through road, park, stormwater management ponds, berms, and noise barriers. She said the developer was not present and was also not present at the BAPB hearing. She reported that the staff report recommends approval with conditions.

Ms. Joanna Smith, attorney for the applicant, provided responses to the conditions recommended by staff:

1. a. lighting is not generally shown on a Detailed Site Plan;
b. entrance is part of Church Road plans and not part of proposed plan;
c. agree;
d. willing to comply, depending on whether or not there are 2 trails;
e. plans for recreation area are subject to successful DSP; information being
provided later;
f. not using stamped asphalt or raised pavement markings because not standard
throughout rest of development;
g. will comply with berm plan is submitted;
h. do not agree with condition as worded.

2. will submit separate DSP for this condition.

Public Hearing:

Mr. Joseph Mills, 4696 Church Road, said he had 10 ½ acres adjacent to Phase II of the Fairwood development. He reported that the stream is drying up due to grading of the Fairwood property north of the site. He also raised the issue of the timing of the completion of the Old Stage Road street connection to the adjacent Old Stage Knolls neighborhood.

Councilman Jenkins said the proposal before Council is for 372 units which is not a small proposal; there are some major questions that have not been answered; Mr. Mills’ issues are serious and have to be looked at; the Church Road contribution issue is a major issue in the community and answers to these issues cannot be provided, he will not be able to vote in favor of the project.

With regard to the Church Road issue, City Manager Deutsch reported that massive work is presently underway on Church Road that is being constructed and paid for by Rouse-Fairwood.

Mayor Pro Tem Brady reported that Martha Ainsworth, a pilot who flies out of Freeway Airport and who has testified many times on this issue, called him to reiterate safety concerns with regard to the airport.

Councilman Turner moved that the City Council recommend disapproval in conjunction with the BAPB recommendation and give the applicant the opportunity to come forward with information requested by Council. Councilman Conroy seconded the motion.

Councilman Kroemer asked that the letter to the County list the issues. Mayor Robinson suggested that the letter address the number of outstanding issues that appear to be unsatisfactorily resolved for the Council to make a decision. Councilmembers Turner and Conroy concurred and the motion carried unanimously.

B. County Transfer of Development Rights (TDR) Legislation (CB-5-2006; and
C. CB-4-2006 and CB-6-2006 - Conservation Subdivision Design - Mr. Joe Meinert, City Planning staff, reported that no action is required on the legislation; a public hearing is being held for anyone who would like to address their concerns. He then summarized the staff reported dated February 16, 2006, a copy of which is on file at City Hall.

Public Hearing:

A. Ms. Deborah Sell, 2705 Birdseye Lane, said that the concepts of TDRs as a planning tool is beneficial if the commodity of trust is present. She felt that her trust in Prince George’s County is gone. She spoke about the education of her daughter and felt that Prince George’s County had failed to educate her and she now had to attend a private school, which the County was paying for. Ms. Sell felt that if the developing tier were over capacitated, the effectiveness of schools would be further reduced.

B. Mr. Charles Riley, Chairman of the Sierra Club, spoke on the legislation. His statements are attached.


ADJOURNMENT:

Mayor Pro Tem Brady moved to adjourn the meeting and move into an Executive Session for the purpose of discussing legal matters with counsel. Councilman Conroy seconded the motion and it carried by those members present. The meeting was adjourned at 10:08 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk