REGULAR CITY COUNCIL MEETING
MONDAY, APRIL 3, 2006
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, April 3, 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, Councilmembers Conroy, Brady, Jenkins, Kroemer, and Turner; City Manager Deutsch, Assistant 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.
CITIZEN PARTICIPATION:
1. Mr. William Aleshire, 15809 Anthony Way, spoke about the revision to Condition #5, Hall Road Local Activity Center. He asked that the City Council vote to leave the condition as written.
2. Dr. Isaac Trouth, 15204 Dalebrooke Drive, Vice President of the Devonshire Homeowners Association, spoke in opposition to the change to Condition #5; if the condition is removed, the Association feels harm will be done to the citizens of Bowie; the Homeowners Association were never in favor of a shopping center but are in favor of a library.
3. Mr. Russ Ideo, 16403 Pointer Ridge Drive, President of the Citizens Association of South Bowie, spoke in opposition to the change to Condition # 5 and asked the Council not to approve the change.
4. Mr. Richard Schroder, 1305 Port Echo Lane, spoke in opposition to the proposed change to the conditions applicable to the Hall Road upzoning. A copy of Mr. Schroder’s statement is attached.
5. Dan Lynch, representing the applicant for the Hall Road L-A-C item, thanked the residents who have spoken this evening and said he has worked with them for some time; have come along way on the project and the development has become a nice, mix-use community which includes the library, residential and commercial. He reported that he had met with City staff regarding the revision to Condition #5, but did not reach an agreement.
6. Ms. Deborah Sell, 2705 Birdseye Lane, spoke about the Hall Road L-A-C project and felt that the centerpiece of the development was to be the library.
7. Mr. Charlie Johnston, 2708 Federal Lane, spoke on behalf of “Chrome for Critters” which is a group that raises funds and awareness for animal adoption and rescue groups in the area; along with the Bowie Baysox, they are sponsoring a motorcycle ride and classic car show which will be held in June at the Baysox Stadium. He described the event and invited all to attend.
Councilman Jenkins said he had drafted a proclamation to be presented at this event and asked for the Council’s endorsement.
PRESENTATIONS:
A. Paraprofessional Award - Ms. Joyce Halper, Education Committee, announced that Ms. Ann Kienast of Highbridge Elementary School is the recipient of this first paraprofessional award. Ms. Halper gave some background of Ms. Keenas’ role at the school and the reasons for her nomination of the award. Mayor Robinson presented a Certificate of Honor.
CITY MANAGER’S REPORT:
City Manager Deutsch reported: 1) Consent Agenda - Item C, Resolution R-16-06, has been removed from the agenda and rescheduled for the April 17th meeting. 2) Police Chief Recruitment - Close of applications is this week; as of last Friday, the Mercer Group received over 80 applications. 3) Zug Road - A hearing is scheduled for April 26 before the County regarding the use of the Petroleum Management firm.
CONSENT AGENDA:
Mayor Pro Tem Brady moved the approval of Items A. Approval of Minutes of March 6, 2006 Council Meeting; B. Approval of Proclamation P-4-06, Recognizing April 8, 2006 as Arbor Day in Bowie; D. Approval of Resolution R-17-06, Authorizing the City Manager to Enter Into a Revised Agreement With Revere Media Services Company, Inc. for the Installation, Repair, and Maintenance of Bus Shelters Within the City of Bowie; and E. Approval of Resolution R-18-06, Accepting Bid Proposal for the Annual Supply of Polymer Utilized by the Wastewater Treatment Plant. Councilman Turner moved to amend the Minutes of March 6, 2006 to reflect that he voted to abstain on the appointment of Benjamin Woolery as Chairman of the Ethics Commission under City Committees. Councilman Conroy seconded the motion and it carried unanimously.
OLD BUSINESS:
A. Zoning Map Amendment #A-9838-C - Revision to Condition - Hall Road Local Activity Center Library - City Manager Deutsch reported that citizens and the attorney for the applicant spoke earlier in the meeting; the item had been tabled two weeks ago to allow time to see if there was opportunity for resolution of the matter; staff met with the developer’s representative and there has been no change in the position of the developer regarding their need to seek a change in the approval from the County; staff is still recommending that Council not approve the requested change.
Mayor Pro Tem Brady moved approval of the staff recommendation to retain the original text to Condition #5 and to send a transmittal to the County Council. Councilman Conroy seconded the motion and it carried with a vote of 5-1-1 (Lyles - absent; Turner - abstain).
B. 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 - City Attorney Robert Levan summarized the ordinance and said that it is submitted to the Council for action.
Since there were no persons signed up to speak, Mayor Robinson declared the
public hearing to have been held.
Mayor Pro Tem Brady moved to adopt Ordinance O-3-06. Councilman Jenkins seconded
the motion and it carried unanimously.
C. Ordinance O-4-06
- Providing Supplement Appropriations for the Annual Budget for the Fiscal Year Ending June 30, 2006 for the Purpose of Funding
Initial Police Department Operations 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 - City Manager Deutsch summarized the ordinance and noted there were
some projects that needed additional funds and some that needed reappropriation
because of funding carrying over into the current fiscal year; in addition,
the ordinance includes an anticipated need for funds for the start up of a
police department.
Since there were no persons signed up to speak, Mayor Robinson declared the
public hearing to have been held.
Councilman Turner moved to adopt Ordinance O-3-06. Councilman Jenkins seconded the motion and it carried unanimously.
NEW BUSINESS:
A. Conceptual Site Plan (CSP) #06002, M-X-T Zone for Melford (MSTC) - City Manager Deutsch summarized the staff report dated March 30, 2006, a copy of which is on file at City Hall. He said the issue before Council is a procedural issue; the owners of property at the Science and Technology Center have indicated they are planning to file a Conceptual Design Plan for a mixed use development of that property; the Plan includes 2 million square feet of employment, a 200,000 square feet of a hotel and conference use, 65,000 square feet of retail and restaurant use, as well as 866 dwelling units. He said the Plan would be filed under the M-X-T zone, which was granted in the recently approved Sectional Map Amendment as part of the Master Plan. Mr. Deutsch said that staff’s recommendation to Council relates to the question as to whether Council should hear this application and, given that City covenants are still lace and the Council has chosen to continue to enforce those covenants, it is staff’s recommendation that there would be little value in conducting a full series of City hearings involving stakeholders, Advisory Planning Board, and the City Council since a mixed use development with some 800 units could not be approved as long as Council is holding to the terms of the covenants; therefore, staff recommends not holding the hearings and asks Council to approve sending a letter to Chairman Parker of the County Planning Board advising of that action.
Public Hearing:
Ms. Deborah Sell, 2705 Birdseye Lane, said St. John Properties presently controls one of the prime parcels left in the County for economic development and high scale, high tech employment in the County. She commended the City Council for standing firm in the fight to protect what is needed to be preserved in Bowie.
Councilman Turner asked that when the Conceptual Design Plan is filed, is the City precluding itself from commenting or would the City have another opportunity to comment. City Attorney Levan said the City has the right to comment, however, the question as to whether the City can comment would depend on the posture of the case at that time; the Council heretofore has taken a strong position and as long as the covenants are in existence and the case is pending, the City should not do anything that is not consistent. He urged Council to continue to do so, however, Council is free at any time to alter its position and certainly if the case winds up is lost, the Council would have a chance to comment if the case is still pending.
Councilman Jenkins moved to accept the staff recommendation to send a letter
to the County Planning Board opposing the CSP for Melford at the Maryland Science
and Technology Center on the grounds that the proposal for development in the
M-X-T zone cannot be implemented under the current City covenants on the property.
Mayor Pro Tem Brady seconded the motion and the motion carried unanimously.
ADJOURNMENT:
Mayor Pro Tem Brady moved to adjourn the meeting into an Executive Session to discuss legal matters. Councilman Jenkins seconded the motion and it carried unanimously. The meeting was adjourned at 9:00 p.m.
Respectfully submitted,
Pamela A. Fleming, CMC
City Clerk