REGULAR CITY COUNCIL MEETING
TUESDAY, AUGUST 1, 2006

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Tuesday, August 1, 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, 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:

A. Councilman Jenkins asked that Item E. under the Consent Agenda concerning R-64-06, Twelve Oaks annexation, be moved to New Business.

B. Councilman Turner asked that Item D. under the Consent Agenda concerning R-57-06, awarding bid for construction of the Lansdale Trail, be moved to New Business.

CITIZEN PARTICIPATION:

A. Mr. Eugene Kiley, 3621 Melfa Lane, spoke about the proposal for residential development at the Maryland Science and Technology Center. He suggested that the Council consider making the entire residential development, if it occurs, a retirement community; such housing entails smart growth, i.e. more residences per acre that townhouse development yielding more property taxes and fewer children to add to schools.

B. Mr. Bruce Pletsch, 16520 Abbey Drive, Sherwood Manor, spoke about the question of land use at the MSTC. He asked why is this question be raised specifically at this point in time; wouldn’t it be more appropriate to raise the question of a change in land use after all the other legal questions are answered and after the impending election to remove the appearance of political influence.

C. Mr. Charles Burton, 12410 Camfield Lane, spoke about the proposed EMS facility on Northview Drive; felt there was not a need for another fire station or equipment but there was a need for staffing.

CITY MANAGER’S REPORT:

City Manager David Deutsch reported on the following items: 1) Three neighborhoods were not served for refuse collection; the extreme heat caused some employees not to be able to work through the day. He urged residents to leave the refuse at the curb and it will be picked up the next day. 2) The installation of fiber optic being conducted by Verizon is ongoing throughout various city neighborhoods; as of yesterday, the company is now offering digital TV service and they expect to meet their contractual deadline of full service in the community by April, 2007. 3) With regard to the Perrell Lane house fire, which occurred last October, legal action has been filed, and the City is continuing to issue municipal infractions against the owner who has not as yet applied for a demolition permit. 4) Staff will be interviewing for a police chief next week.

CONSENT AGENDA:

Mayor Pro Tem Brady moved approval of Consent Agenda Items: A) Approval of Minutes of May 15, 2006 Council Meeting; B. Approval of Minutes of June 5, 2006 Council Meeting; C. Approval of Minutes of June 19, 2006 Council Meeting; F. Approval of Resolution R-65-06, By 2/3rd Vote Waiving the Competitive Bidding Requirements of Section 61 “Purchasing and Contracting”, of the Charter of the City of Bowie to Allow the Retrofitting of the New Animal Vehicle and Authorizing the City Manager to Enter Into a Contract With Mavron, Inc. of Warsaw, Indiana to Provide Those Services for $14,928; G. Approval of Resolution R-67-06, Awarding a Contract for Landscaping Services on Mitchellville Road and Six Storm Water Management Facilities to Sharp’s Landscaping, Inc. for the 2007 and 2008 Season; H. Approval of Resolution R-68-06, Accepting Bid Proposal for Construction of the Parks and Grounds Facility; I. Approval of Resolution R-69-06, By 2/3rd Vote Waiving the Bidding Requirements and Allowing for the Purchase of a Spare Rotor for the Oxidation Ditches Located at the Wastewater Treatment Plant; and J. Approval of Proclamation P-18-06, Proclaiming August 1, 2006 as “National Night Out” in Bowie. Councilman Jenkins seconded the motion and it carried unanimously.

OLD BUSINESS:

A. Resolution R-62-06 - Allowing for the Reduction of the Performance Security Guaranteeing Construction of Storm Drain and Paving in Woodmore Estates Phase II Under Permit SDP 3-0001 - City Manager Deutsch reported that this item had been tabled at the July 3rd meeting because some residents had some concerns relating to infrastructure as well as some developer issues regarding the homes that have recently been built; there was a meeting last Thursday with Councilman Turner, the neighborhood homeowners, the developer and City staff; the residents agree that the work required under the bond has been completed and the bond release is only 50% of the bond. Mr. Deutsch said that staff recommends Council approve the resolution since the objections raised have been or are in the process of being met.

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

Councilman Turner moved approval of Resolution R-62-06. Councilman Jenkins seconded the motion and it carried unanimously.

NEW BUSINESS:

A. Fire/EMS Station - City Manager Deutsch reported that the County has made a decision to place monies for construction of a new EMS facility in the FY ’07 County budget; the new facility will be located at Northview and Health Center Drives on property already owned by Prince George’s County. He reported that when the Mayor and staff met with County staff and volunteer representatives, the representatives of the Prince George’s County Fire Department indicated a willingness to come before the City Council to brief the Council and community about the proposal for the facility.

Lt. Col. Karl Granzow, Deputy Director of the Prince George’s County Fire/EMS Department, introduced Major Richard Lambdin who displayed a PowerPoint presentation depicting 3 components: the existing service delivery in the Bowie area, the impact the new Fire/EMS station will have in the Bowie area, and an overview of the prototype station that is being designed and the CIP process. A copy of the presentation is on file at City Hall.

In response to a question posed by Councilman Kroemer, Lt. Col. Granzow said the Department is in the process of hiring a civil engineer to look at ingress and egress at the fire station. Major Lambdin added they are working with the Department of Public Works and the State Highway Administration to assist in revising traffic signals and to gain control of the signal at Northview Drive/Health Center Drive intersection and the Rte. 197/Northview Drive intersection to ensure apparatus can access those roads safely for both their personnel and the community’s well being. With regard to the concern relating to staffing, Lt. Col. Granzow said there has been a commitment by the County Executive over the last several years to increase public safety not only in police but in fire as well; several hundred people have been hired over the last several years by the Fire Department and it is now at its highest staffing level in its history; they will continue recruiting. He said they would come back to Council with the design phase so that Council can have some input. Councilman Kroemer then asked how will it be ensured that the volunteers and the paid staff are working together. Lt. Col. Granzow replied there is a commitment to work with the volunteers.

In response to questions posed by Councilman Turner, Lt. Col. Granzow said that as they go through the design and architectural phase there will be an operational phase; the operational component of the fire department will sit down with the Bowie volunteers to establish framework.

Mayor Robinson thanked Lt. Col. Granzow and Major Lambdin for their presentation and noted that the Council is encouraged as the process moves forward and are looking forward to working with them to get the facility built.

B. Land Use Policy Issue: Residential Development at Maryland Science and Technology Center (Melford) - Mr. Joe Meinert, City Planning staff, summarized the staff report dated July 27, 2006, a copy of which is on file at City Hall. He reported that the City recently received a referral of the Conceptual Site Plan (CSP) from the Maryland National Capital Park and Planning Commission; the application consists of maps and a statement of justification. He said a CSP is the first step in development under the M-X-T zone and the application is for the remaining 128 acres of the Melford Property under this zone; what is proposed in the application is a total commercial square footage of about 2.6 million square feet, including office space, research and development, hotel and office space, as well as retail and restaurant space; the project also includes a total of 866 dwelling units. Mr. Meinert said the residential uses described in the proposed plan include a upscale hotel with conference facilities, and 172 condominium units in a townhouse configuration, 20% of which would be senior units in Pod 1 and the western portion of the abutting Pod 5; the proposal includes 4-story mixed use buildings with retail space on the ground floor and apartment units above, straight garden-style apartments and condominiums for a total of 506 multi-story units and 144 condo units, and a minimum of 20% as senior units in Pod 1 and Pod 5; the project also includes 43 single-family detached homes on the eastern side of the property along the Patuxent River frontage. He noted that in the staff memorandum, staff prepared a table analyzing the proposed CSP totals pod-by-pod and compared them with the previously approved plan for this property. He then did a pod-by-pod analysis and pointed out specifically what the CSP contains.

Public Hearing:

1. Mr. Fran Sweet, a board member of the Western Shore Conservancy, asked that the original plan for Science and Technology Center be kept in place as space for buildings and educational uses and not be replaced with a plan for residential housing; residential housing so close to the upper Patuxent River and waterway will be a death knell for the valuable assets in that area.

2. Mr. Arno Frost, 16413 Elysian Lane, President of the Pin Oak Village Townhome Association said the residents of Covington are concerned about matters of safety, development and overall quality of life issues; over the past 10 years Bowie has grown explosively and consideration needs to be given to existing services such as police, fire and EMS, schools and adding 866 more dwelling units would increase size of classrooms, traffic. He urged the Council to not adopt the change and keep the previous plan in place. He felt a moratorium for building was needed.

3. Ms. Debbie Sell, 2705 Birdseye Lane, spoke against the new plan and felt if senior housing was built on the Melford property, there are no amenities to attract senior residents. She asked that Councilmembers Lyles and Turner recuse themselves from this decision process.

4. Mr. Alan Jones, 4308 Green Leaf Place, President of the Board of Directors of the Longleaf Homeowners Association, said he is happy with the original plan and strongly opposed what is being proposed because of the increase of traffic, tax base, safety, and overcrowded schools.

5. Mr. James Howard, 17204 Longleaf Drive, said he agreed with Mr. Jones and was also concerned about overcrowded schools and felt that 866 new units would make an impact.

6. Mr. Bruce Pletsch, 16520 Abbey Drive, Sherwood Manor Civic Association, spoke in opposition to the new plan. A copy of his statement is attached.

7. Mr. Fred Tutman, 18600 Queen Anne Road, said he felt the subject proposal was bad planning. He also spoke about the City having its own zoning authority, public policy that deals with directing growth away from sensitive areas, protecting wetlands and creating stewardship ethic that would bring value to the citizens of Bowie and protect the downstream neighbors. He said the rationale that if the houses are built people will buy them is a shallow theory.

8. Mr. Jon Robinson, 11801 Lusbys Lane, Executive Committee of the Sierra Club, spoke against the plan because of the closeness of the housing to the Patuxent River; felt it was bad design near wetlands and swampy areas; felt the natural amenities of the area should be protected and the plan be disapproved.

9. Ms. Deborah Ford, 5730 Park Drive, said that Bowie needs more high tech employment, not housing.

10. Ms. Lani Frost, 16121 Oxford Ct., said she felt the housing plan for the Science and Technology Center would be disastrous for the ecosystem. A copy of Ms. Frost’s statement is attached.

11. Ms. Carmie Peavler, 16310 Oxford Ct., also spoke against the plan. A copy of Ms. Peavler’s statement is attached.

12. Mr. Wayne Hembree, 16311 Oxford Ct., spoke in favor of keeping high tech development and against housing at the Center. His statement is attached.

13. Mr. John Scoulios, 4404 Blackwalnut Way, member of the Longleaf Homeowners’ Association, said he was strongly opposed to residential construction, fast food restaurants which would put a strain on public schools, fire, hospital and other public services. He requested that the vote be conducted in public.

14. Mr. John Pauley, 16501 Lea Drive, spoke about the already congested roadways and felt that more housing would only add to the congestion. He asked that Council vote against the plan.

15. Ms. Martha Ainsworth, Abbey Drive, said if Sherwood Manor’s pending lawsuit prevails, the rezoning of the property as M-X-T would be declared illegal and the zoning will revert to E-I-A where housing is not permitted. She added that both this case and the City’s case will be heard this fall and asked why is the City revisiting its position before then. Ms. Ainsworth felt that the discussion about keeping or changing the covenants is a test case of the process that Bowie will follow in zoning matters.

16. Ms. Gail Booker Jones, 3211 Dunwood Ridge Terrace, said this matter should be discussed in public accompanied by a public vote. She said she was concerned, with regard to the Melford property, that: 1) the infrastructure cannot support or service an additional 700 or 866 townhouses, apartments, condominiums, or single-family homes; 2) senior citizen housing is needed in Bowie but not at the Science and Technology Center; 3) commercial development is also needed, but not at the expense of the disregarding the covenants. Ms. Booker Jones asked the City and its future be protected.

17. Mr. Bobby Henry, 2304 Parkside Drive, said he agreed with the previous comments and said he was concerned about the plan. He felt that this is the kind of economic development that can be handled from the State level; felt there was not a need for housing and asked the members of the City Council to stay the course to maintain the covenants as they exist.

18. Mr. Gary Allen, 13313 Beechtree Lane, said that Bowie has had a reputation for land use policy for many years. He said he has reviewed the plan and felt the proposed development should be rejected. He urged that the Council make a public decision and not to compromise the commitments the community has made.

19. Mr. Jesse Chittams, 17121 Aspen Leaf Drive, said he was concerned for the support of some mixed use for the subject property and felt the statement was too vague; it can’t be left up to the developer as to how much is “some”.

20. Mr. John Pfuhl, 16530 Abbey Drive, spoke about the City’s recent position, which was sent to the County Council in opposition to residential development on the Melford property. A copy of Mr. Pfuhl’s statement is attached.

21. Ms. Chris Hedman, 13404 Overbrook Lane, felt the Science and Technology Center needed more buildings similar to what was recently built there; felt there was nothing wrong with the concept of the entire property being an office complex.

22. Mr. Ron Peake, 15742 Ensleigh Lane, felt that Council should support the covenants and the discussion for mixed use and proposed changes to the covenants should be conducted in public.

Councilman Jenkins explained that this issue is on tonight’s agenda because he asked that it be placed there because it was his understanding an executive session was planned to discuss residential development at the science and Technology Center. He said he strongly feels this subject needs to be discussed in public. A copy of Councilman Jenkins’ statement is attached.

Councilman Jenkins moved that the City Council reaffirm its long-standing position in opposition to residential development at the Maryland Science and Technology Center at Melford.

Mayor Pro Tem Brady said that the issue of how Melford is developed has a significant impact on the future of the City and as a result must be fully explored and discussed in public; therefore he challenged his colleagues to conduct the people’s business in open session so the arguments both pro and con can be heard. He asked staff if the City was knowledgeable of the request for Park and Planning to develop a plan for mixed use on this property. City Manager Deutsch replied that the City was not. Mr. Brady then noted that SHA had provided the City a letter indicating that they would never have funded and constructed the interchange at MD Rte. 3/50 if the site was developed with residential units; SHA also indicated that they should be reimbursed should the vision be drastically altered. He asked could the City be held liable by the State or the County should this occur. He added that shortly after the court case was concluded, did not the City offer a solution to MIE with respect to the presence of the C &C Dance Studio and did they not reject it; it also has been suggested that the Melford property can only be fully developed with a presence of significant of residential since the State, in all likeliness, would not fund or construct the trumpet interchange at U.S. 301. Mr. Brady said the covenants are an agreement between two parties, the property owner and the City; one cannot arbitrarily change the contents of the covenants without the other party agreeing; this implies a negotiated process. He also pointed out that the City proposed a mini charrette, which was squashed by MIE because they only wanted to have facilitator conduct it, orchestrate it and have the outcome be what they always proposed - mixed use with Pods 1, 5 and 7 being consumed in residential. He encouraged his colleagues to listen to the advise of their own experts and to tonight’s testimony. He concluded by asking that if the motion failed that an opportunity be given to publicly explore the issue of residential and discuss the limits under which it might be included on this site. Mr. Brady then seconded Councilman Jenkins’ motion.

Mayor Robinson noted that one thing that has changed is that a decision was received from the Court of Special Appeals that basically said that the covenants are not enforceable; there was also a request for a settlement offer by the developer; this is the reason this item is on the agenda.

Councilman Turner said that he had supported the request to have a public meeting on this subject. He felt he had been consistent in his position.

Councilman Conroy said he has maintained an independent voice and that there is an ability to have adult housing within the MSTC site. He said he does not support the 866 residential units and the plan as it is written.

Councilman Kroemer he has categorically rejected any residential development on the subject site. He said it was the Council’s job to think strategically about what is best for the City of Bowie. He said he would like to see a real plan and from a strategic standpoint reach a compromise; it is in the developer’s hand to come up with a good plan.

Councilman Jenkins repeated the motion and then added to the motion the following: “Should this motion fail, any decision by the City Council to support residential housing will be made in a public session of the Bowie City Council”. Mayor Pro Tem Brady concurred and the motion failed with a vote of 3-4 (Robinson, Conroy, Lyles and Turner).

Councilman Conroy moved to amend the City covenants to include residential development with concerns for environmental and infrastructure inputs. Councilman Lyles seconded the motion.

City Manager Deutsch reminded Council that the scope of the proposal is not just elimination of the prohibition of residential; Council needs to recall that there are many changes proposed in the covenants; if Council is only prepared to deal with one, that of residential, that is fine as long as Council realizes there are significant other changes related to retail and other aspects of the existing covenants.

In response to questions from Council, City Attorney Levan advised the Council that the Open Meetings Act permits discussion of matters pertaining to litigation in closed session but does not require Council to do so; to the extent that Council wants to have a discussion about settlement of the law suit, it can be conducted in closed session, however, at some point, because Council is amending an act of Council there would have to be a public session on a vote to approve a document that would replace the covenants; a discussion in closed session would eventually have to be subjected to an open session vote.

Mayor Pro Tem Brady then offered a substitute motion: “That residential be limited to Pod 1 only and that St. John Property/MIE be contacted to request a charrette with Council to include community participation.” Councilman Jenkins seconded the motion.

Councilman Conroy said he did not accept the substitute and that the original motion stands. City Attorney Levan said that the original motion needs a vote.

Following debate and on the advice of counsel, Councilman Conroy amended his motion: “To express a policy decision of the Council to accept the concept of an amendment to the covenants to permit residential development, subject to further discussion and negotiation regarding the nature, scope and extent of such residential development.” Councilman Lyles accepted the motion as amended.

Councilman Jenkins asked the maker of the motion to accept an amendment to add: “such discussion to be held in a public session”. Councilmen Conroy and Lyles agreed and the motion carried unanimously.

C. Resolution R-66-06 - Adopting the Recommendation of the Bowie Advisory Planning Board in the Case of BV-3-06 - Ms. Beth Chaisson, City Planning staff, reported that the applicants have appealed the decision of the Bowie Advisory Planning Board (BAPB) who voted to deny the applicant’s request by a vote of 6-0. She summarized the applicant’s request for a variance for a decrease of 28% in the side yard along the street setback requirement for a variance of 7 feet in depth; staff recommends denial of the variance. Ms. Chaisson said that the applicant was not present.

Councilman Jenkins moved to table this item to give the applicant a chance to appear before Council; if the applicant declines to appear, then the Council would vote for denial. Mayor Pro Tem Brady seconded the motion and it carried unanimously.

D. Resolution R-57-06 - Accepting Bid for the Construction of the Lansdale Trail Linkage Project - Phases 1, 2 and 3 - Councilman Turner reported that he had been approached by the President of the Essington Homeowners Association who expressed concern over the project; after discussing the matter with the City Manager, it was agreed that a meeting would be set up with the Essington residents. Councilman Turner then moved approval of Resolution R-57-06 and to direct staff to set up the meeting. Councilman Lyles seconded the motion and it carried unanimously.

E. Resolution R-64-06 - Enlarging the Corporate Boundaries of the City of Bowie by Annexing Land Contiguous to and Adjoining the Existing Corporate Area of the City On the East Side of Church Road, Consisting of Residential Properties Known as the Twelve Oaks Subdivision, and Surrounding Properties Consisting of Approximately 98.14 Acres - Councilman Jenkins explained that the reason he asked this item to be moved to New Business is because he wanted to vote against the annexation until a police department is up and running in the City.

Councilman Lyles moved to introduce Resolution R-64-06. Mayor Pro Tem Brady seconded the motion and it carried with a vote of 6-1 (Jenkins).

E. Transportation Priority Listing - City Planning Director summarized the staff report dated, July 25, 2006, a copy of which is on file at City Hall. Mr. Meinert reported that each year, the City Council conducts an overview of the State’s Consolidated Transportation Program (CTP) and County Capital Improvement Program (CIP) for the purpose of establishing the City’s Transportation Priority Listing; the City’s priorities are communicated to State and County officials as early input to the next year’s budget cycle. Mr. Meinert then summarized the State and County Transportation Projects as contained in the staff report and recommended that Council support staff’s recommendations.

Public Hearing:

Ms. Chris Hedman, 13404 Overbrook Lane, urged the County to vote to approve the staff recommendation.

Following discussion, Councilman Lyles asked for consensus to direct staff to analyze the impact of the City taking over Hall Road as a City street. Council concurred.

Mayor Pro Tem Brady moved to approval the staff recommendation regarding the State and County Transportation Projects. Councilman Jenkins seconded the motion and it carried unanimously.

COUNCIL COMMENTS:

A. Councilman Turner reported: 1) he had participated in the recent blood drive and noted that the sponsors exceeded expected donations; 2) Tulip Grove Elementary School had a perfect MSA score for Bowie schools; and 3) he will be hosting his first annual District 3 community day.

B. Councilman Lyles said he would be holding a community day at his home.

ADJOURNMENT:

Mayor Pro Tem Brady moved to adjourn the meeting. Councilman Jenkins seconded the motion and it carried by those members present. The meeting was adjourned at 11:55 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk