REGULAR CITY COUNCIL MEETING
MONDAY, MARCH 20, 2006

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, March 20, 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 Robert 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:

A. Proclamation P-4-06 - Congratulating the Bowie High School Pom/Dance Team on Winning the American Cheer and Dance National Open Competition - Mayor Pro Tem Brady read and moved approval of P-4-06. Councilman Jenkins seconded the motion and it carried unanimously.

Coach Pat McGowan thanked the Council for the recognition and said she was extremely proud of the team.

CITY BOARDS AND COMMITTEES:

A. Mayor Pro Tem Brady moved the appointment of Joan Anne Dubbs as a Member of the Arts Committee. Councilman Jenkins seconded the motion and it carried unanimously.

Mayor Robinson swore Ms. Dubbs into office in accordance with Sec. 92A of the City Charter.

CITY MANAGER’S REPORT:

City Manager Deutsch reported: 1) Verizon - Staff will be meeting with the City Attorney and representatives of Verizon to try to conclude the ongoing negotiations to obtain an additional cable franchise; hopefully, the process will end shortly and Council will then be able to act on an agreement. 2) Police Chief - As of last Friday, the Mercer group had received approximately 50 applications; there is two weeks left in the process.

CONSENT AGENDA:

A. Councilman Lyles moved approval of Consent Agenda Items : A) Approval of Minutes of February 21, 2006 Council Meeting; B. Introduction of Ordinance O-3-06 Amending Chapter 26, “Zoning”, Article II, “Municipal Zoning Authority”, Section 26-11, “Residential Storage”, to Increase the Maximum Allowable Floor Area for Accessory Buildings From 150 to 200 Square Feet, to Decrease the Lot Size Upon Which the Size Restriction is Applicable from 30,000 to 20,000 Square Feet, and to Permit Roll-up Garage Doors for Accessory Buildings; C. Providing Supplemental Appropriations for the Annual Budget for the Fiscal Year Ending June 30, 2006 for the Purpose of Funding Initial Police Department Operating Expenses, Additional Street Resurfacing Expenses, Reappropriation of Funds for the Route 450 Pond Filling Project, Bowie Skate Park, WSSC Interconnection Project, Public Works Streets/Utilities Building and Provide Additional Funding for the Gallant Fox Lane Restoration Project; D. Approval of Resolution R-15-06, Adopting the Recommendation of the Bowie Advisory Planning Board in the Case of BV-1-06. Councilman Kroemer seconded the motion and it carried unanimously.

OLD BUSINESS:

A. Ordinance O-2-06 - Amending Chapter 12, “Cable Communications”, of the Code of the City of Bowie, to Provide for Penalties to be Imposed Upon Cable Franchises for Failure to Abide by Certain Consumer Standards by Inclusion of Such Penalties Within the City’s Cable Franchise Agreements - City Attorney Robert Levan summarized the ordinance and said the purpose of the ordinance is to remove the severe penalties, which apply to the cable company; in recent years, with the advent of satellite television and with the entrance of Verizon into the market, the penalties were designed to encourage the single provider to live up to the terms of the agreement; it is felt these fines are no longer necessary and that the spectrum of competition is sufficient incentive in order to encourage cable franchise holders to meet the requirements set forth in cable agreements and to allow the cable agreements to establish the appropriate fines and penalties for violations.

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-2-06. Councilman Jenkins seconded the motion and it carried unanimously.

NEW BUSINESS:

A. Zoning Map Amendment A-9838-C, Revision to Condition - Hall Road Local Activity Center Library - Mr. Joseph Meinert, City Planning staff, summarized the staff report dated March 16, 2006, a copy of which is on file at City Hall. He reported that the subject property was rezoning from R-R to L-A-C zone late last year and one of the conditions of approval affects the timing of construction of a future library on the site; Condition #5 as written states “The construction of a library shall proceed concurrently with the construction of the first phase of the project. If the applicant constructs the library, the construction shall conform to the building program approved by the Prince George’s Memorial Library System.” He said Condition #5 will guarantee that the construction will occur simultaneous with the first phase of the building project; the applicant has requested a revision of the condition to effectively decouple the timing element of the condition. Mr. Meinert said that staff does not support the rationale provided by the applicant and unless the applicant can provide better justification, staff recommends Council support Condition #5 as written.

Mr. Dan Lynch, attorney for the applicant, said they are requesting a revision to a condition of approval on the Basic Plan. He said when the applicant first accepted Condition #5, they were not aware of all the facts and requirements in getting a library approved by the County; they have learned that in order to get a library built, some of the approvals would be out of their control which is of some concern; the Preliminary Plan, the Conceptual Design Plan and the overall design would be in their control as well as the community; if certain approvals are not given, it may hold up the entire project. Mr. Lynch said that if for some reason the authorization of the library is held up, the applicant does not want to be penalized and wants to be able to continue with the development; they are asking for some flexibility.

Public Hearing:

Mr. Russ Ideo, 16403 Pointer Ridge Drive, President of the South Bowie Citizens Association, said the property has been developed to a point that is satisfactory to the community. He summarized meetings held to this point and said he did not see the problem the developer has with the project; Condition #5 should remain as written.

Following discussion between the Council and Mr. Lynch, Councilman Conroy moved to table this item to the April 3rd Council meeting. Councilman Lyles seconded the motion and it failed with a vote of 3-4 (Robinson, Jenkins, Brady, Kroemer).

In response to a question posed by Councilman Kroemer, Mr. Lynch responded in the affirmative with regard to his concerns about whether the County Executive would sign off on the budgeting for the library. Councilman Kroemer said he would be willing to table this item in order to get a compromise.

Mayor Robinson summarized and asked Mr. Meinert that if the process was decoupled could that have the net affect of creating the possibility that the residential and business could be developed and the library could, in fact, be postponed indefinitely. Mr. Meinert responded that was correct.

Councilman Kroemer then moved to table ZMA A-9838-C to the April 3 meeting. Councilman Lyles seconded the motion and it carried unanimously.

Mayor Pro Tem Brady asked staff to obtain from County Councilman Peters the comments that came from the community as well as to contact the Homeowner’s Associations to get their comments.

Councilman Lyles asked staff to meet with the developer and discuss what, if any, are the roadblocks that cannot be alleviated in two weeks.

B. Fort Meade, BRAC, and Bowie’s Economic Development Future - Mr. Sherman Ragland, Chairman of the Bowie Economic Development Committee, reported the County released its 5-year strategic vision for economic development for the entire County in late June of 2005; the EDC reviewed the document to determine what impacts would be in the City of Bowie. He said the committee noticed some areas that needed to be addressed and were ready to report to Council this evening. Mr. Ragland displayed a PowerPoint presentation, which included the Base Realignment and Closure (BRAC) activities at Fort Meade and the EDC Report on the Prince George’s County Five Year Economic Development Strategic Plan; they are included in the staff report dated March 16, 2006, a copy of which is on file at City Hall.

Following questions and comments from Council members, Mayor Robinson summarized the recommendations contained in the EDC report: 1) Send a letter to the County Executive complimenting him on the quality of the Economic Development Strategic Plan and specifically offering city support for and participation in the proposed economic development summit and the technology conference/showcase; 2) The Bowie EDC should monitor implementation of the Strategic Plan and report back periodically to the Council; 3) The Council should appoint a committee to research and develop a “marketing/branding campaign” for the City; and 4) The City should review its small business loan fund to make sure that it is being used effectively and consistent with the priorities of the Bowie Strategic Plan and Economic Development Vision. Mayor Robinson said that the Council agrees with and accepts the recommendations.

C. Preliminary Plan #4-05122, Rodenhauser Property - Mr. Frank Stevens, City Planning staff, summarized the staff report dated March 16, 2006, a copy of which is on file at City Hall. He displayed a PowerPoint presentation and said the proposal is for creation of 64 residential lots, 72.7 acres in area located on the east side of Church Road between U.S. Rte. 50 and Dunwood Valley Drive; the presentation contained slides of the subject property and the configuration of the streets and lots in the immediate area, an aerial photograph of the site, an exhibit of the zoning of the site and surrounding area (Residential Estate), the environmental features of the area, and the Preliminary Plan showing access to the lots. Mr. Stevens said staff reviewed the 3 criteria for subdivisions, which need to be satisfied for approval, and found that with respect to APF issues, the criteria is satisfied for water and sewer facilities and for fire and rescue facilities; with respect to school facilities under CB-31, a school surcharge will be imposed for this development that will be paid prior to issuance of building permits; with respect to traffic, the referrals received indicate that the County has been seeking pro rata contributions for improvements to the Church Road/Mt. Oak Road/Woodmore Road intersection and will be satisfied upon payment of a pro rata share as determined by the County Department of Public Works and Transportation. He added that the Stormwater Management Concept Plan for this site was reviewed last year and was approved at that time; regarding Woodland Conservation, the applicant is proposing to retain approximately 7 ½ acres of woods on the property and reforest the property with approximately 6 more acres of wood land; the applicant is proposing to do off-site tree mitigation to take care of the 7.9 acre shortfall of woodland conservation. Mr. Stevens said that there is one APF item that is not met and that is the police staffing issue; the police response time falls within the requirements for emergency and non-emergency calls, however, the staffing issue is not met. He reported that staff is recommending disapproval of the application for several design related items; a revised subdivision plan was submitted at the BABB hearing which addressed many of the issues. He then reported that the BAPB unanimously supported the staff recommendation.

Mr. Mike Nagy, attorney for the applicant, summarized the revised Site Plan and said he did not know, at this time, whether there is adequacy for police facilities and this will not be known for another several days. He referred to the conditions and reported: Condition #1 - all of the lots have been expanded to 40,000 sq. ft. or greater and have a lot width at the rear property line that matches the adjoining lot; only lot 42 is less than 40,000 sq. ft.; Condition #2 - they have eliminated the flag lot; Condition #3 - cul-de-sac was pulled back to reduce impact on the PMA; Condition #4 - Lots 45 and 44 are greater than 2 acres in size so this condition has been met; Condition #5 - there is adequate depth on Lots 55 and 56 so this condition has been met; Condition #7 - they can bring the private driveway and the shared access drive in with adequate turnaround space so there is access for a single driveway on to Church Road; Condition #8 - has been met; Condition #9 - the developer will be creating facilities that will benefit both the residents of Collingbrook and the Rodenhauser property; Condition #10 - this is a standard City condition and they agree. Mr. Nagy then referred to Condition #6 and said they felt this condition has been met.

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

Councilman Turner moved for approval of the staff recommendation of disapproval based on not meeting the Adequate Public Facilities. Councilman Conroy seconded the motion and it carried unanimously.

D. Amendments to Prince George’s County Ten Year Water and Sewer Plan - Mr. Joseph Meinert, City Planning staff, presented the staff recommendations on four proposed amendments to the Prince George’s County Ten Year Water and Sewer Plan. He said that all four amendments were requests for changes from Category 5 to Category 4 and the criteria has 3 requirements: the property has the proper zoning, that the water and sewer service is adequate and available to the site, and that the development proposal includes an adequate description:

1. 05/W-21 - Russo Property - The property is on approximately 26 acres; the proposal is for 31 single-family dwellings with a minimum floor area of 2,300 square feet and a minimum sale price of $600,000; the property is located on the west side of Duckettown Road between Springfield Road and Saturn Lane in the R-R zone. He said the proposal meets the criteria and, therefore, staff is recommending advancement from Category 5 to 4.

2. 05/W-22 - Springfield Road Properties - The subject property is approximately 2-5 acres; the proposal is for four single-family detached dwellings with a minimum floor area of 2,800 square feet and a minimum sale price of $600,000; the property is located on the east side of Springfield Road at its intersection with Good Luck Road in the R-R zone. He said the proposal meets the criteria for advancement; therefore, staff is recommending advancement from Category 5 to 4.

3. 05/W-24 - McDaniel’s Property - The subject property is approximately 20 acres; the proposal is four eight single-family detached dwellings with a minimum floor area of 4,000 and a minimum sale price of $750,000; the property is located east of High Bridge Road and south of Fletchertown Road in the R-R zone. He said that the site meets the criteria for advancement and, therefore, staff is recommending advancement from Category 5 to 4.

4. 05/W-25 - Dixon Property - The subject property is approximately 44 acres; proposal is for 58 single-family detached dwellings with a minimum floor area of 2,700 square feet and a minimum sale price of $400,000; the property is located on the west side of Church Road, approximately 1,100 feet south of Old Annapolis Road in the R-R zone. He said that the site meets the criteria for advancement; therefore, staff is recommending advancement from Category 5 to 4.

Public Hearing:

1. 05/W-21 - Russo Property

Mr. William Shipp, representing Winchester Homes, said this property is not within the City of Bowie. He asked for Council’s support for advancement.

Councilman Kroemer moved for approval for advancement from Category 5 to 4 with regard to the Russo Property. Mayor Pro Tem Brady seconded the motion and it carried unanimously.

2. 05/W-22 - Springfield Road Properties

Mr. Matthew Tedesco, representing K & P Builders, said they support the staff recommendation and asked for Council’s approval.

Councilman Kroemer moved for approval for advancement from Category 5 to 4 with regard to the Springfield Road Properties. Councilman Lyles seconded the motion and it carried unanimously.

3. 05/W-24 - McDaniel Property

Mr. Michael Gollin, 7611 Chestnut Avenue, said he asking the Council to recommend against the advancement from Category 5 to 4 for this property. He said he is a neighbor and felt it was wrong to develop the property from end to end and spoke about the adverse environmental impact on the area and the wetlands.

Mr. Allen Bernstein, 7809 Chestnut Avenue, said his property abuts the subject property. He said he is opposed the recategorization of the water and sewer rights into the property; runoff goes into the Horsepen Creek which then floods.

Ms. Irory Heims, 7521 Old Chapel Drive, said her property abuts the walking trail, which abuts the McDaniel property. She spoke about the easement, which was dedicated by the Park and Planning Commission and now will be shared with a minimum of 18 cars; felt it was a danger issue with respect to the children, bikers, horses, etc. that use the trail.

Ms. Traci Scutter, 12506 Gladys Retreat Circle, with the law firm of O’Malley, Miles, Nylan and Gilmore, who represented the owner of the property, said there will be adequate time at the Preliminary Plan stage to work out the details and for voicing concerns about the environmental impact. She asked the Council to approve the category change.

Councilman Kroemer moved for denial of the category change from 5 to 4. Mayor Pro Tem Brady seconded the motion and it carried with a vote of 6-0-1 (Lyles - abstain).

4. 05/W-25 - Dixon 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 for approval of the staff recommendation for a Category change from 5 to 4. Councilman Conroy seconded the motion and it carried with a vote of 6-1 (Turner - nay).

COUNCIL COMMENTS:

A. Councilman Turner reported that he had spoken to Dan Lynch, attorney for the applicant, regarding the Hall Road item prior to this meeting.

ADJOURNMENT:

Mayor Pro Tem Brady moved to adjourn the meeting. Councilman Jenkins seconded the motion and it carried unanimously. The meeting was adjourned at 10:35 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC, City Clerk