REGULAR CITY COUNCIL MEETING
MONDAY, OCTOBER 16, 2006

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, October 16, 2006 in the Council Chambers at City Hall. Mayor Robinson called the meeting to order at 8:05 p.m.

QUORUM:

In attendance were Mayor Robinson, Mayor Pro Tem Brady, Councilmembers Conroy, Jenkins, Lyles, 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:

Ms. Brenda Thompson, City Diversity Committee, announced that October was National Disabilities Awareness Month and the Committee wished to encourage residents consider understanding diversity by observing this month and acknowledging those citizens who have made a difference in the community; across America, individuals with disabilities are making important contributions in the work place and beyond.

CITY BOARDS AND COMMITTEES:

A. Mayor Robinson swore Ms. Chris Hedman into office as a member of the Bowie Advisory Planning Board. Council had appointed her at the previous meeting.

CITY MANAGER’S REPORT:

City Manager Deutsch reported on the following items: 1) The Melford Concept Plan which was scheduled before the County Planning Board has been postponed; some additional items are required relating to tree conservation as well as a Design Guideline and Standards Manual before it is ready to be reviewed by the County Council; the City Council position is already on record opposing development given the covenants prohibition of residential, which is a prime component of the development; staff will keep Council posted as the Plan moves forward. 2) A new item is located on the City’s web site to allow citizens to report street light outages; this action was taken because of the significant outages that had occurred because of the work done by Verizon.

CONSENT AGENDA:

A. Mayor Pro Tem Brady moved approval of the following Consent Agenda items: A. Approval of Minutes of September 18, 2006 Council Meeting; 2) Approval of Resolution R-82-06, Authorizing the Waiving of Bidding Requirements by Two-Thirds Vote to Allow for the Issuance of a Purchase Order for the Purchase of a Temporary Police Facility; C. Approval of Resolution R-85-06, Approving a Variance of 4.34 Feet Resulting in a Side Street Setback of 20.66 Feet in the Case of BV-3-06; and D. Introduction of Ordinance O-9-06, Amending Chapter 26 “Zoning” Section 26-2 “Fences” to Provide for Side Yard Fences Under Limited Circumstances in the Huntington or Old Bowie Area of the City, Consistent With Similar Provisions Previously Incorporated With Respect to Front Yard Fences. Councilman Jenkins seconded the motion and it carried unanimously.

OLD BUSINESS:

A. Resolution R-64-06 - Enlarging the Corporate Boundaries of the City of Bowie by Annexing Land Contiguous 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 - City Manager Deutsch said that the resolution was introduced on September 18; Council is aware of the long-standing interest on the part of some residents of Twelve Oaks Subdivision in becoming part of the City of Bowie; letters were sent to residents providing further information and City staff attended a meeting to attempt to respond to any questions the residents had. Mr. Deutsch reported that there are 80 residents who have indicated that they do not wish to annex, 63 who have indicated that they do wish to annex, and 21 signatures that appear on both sides of the issue. He said Council tabled this item to allow appropriate time for further review, but must act on the resolution this evening; staff’s recommendation is to proceed and because of the split vote, sentiment will come into play and there will likely be a call for a referendum.

Public Hearing:

1. Ms. Olivia McDaniel, 1402 Danube Ct., said the major reason the residents were attending this meeting is that they were presented with petitions for annexation; they are concerned because many of the residents wanted to express interest in investigating being annexed, not realizing that those petitions meant they supported annexation. She further said that after receiving information many residents are no longer interested in annexation. She asked the Council not to pursue annexation of the Twelve Oaks subdivision.

2. Mr. Mike Watson, 14706 Danton Ct., spoke in support of the annexation; felt the Bowie City government has always shown accountability and vision, which is part of what makes Bowie a terrific city for many years. He said that part of that vision is preservation of open space and recreational space, which has benefited Twelve Oaks.

3. Mr. Freddy Lawson, 14708 Danton Ct., said he was looking forward to becoming part of Bowie. He asked the opposers of the annexation to not distort the truth or use scare tactics; felt the issue that those who were opposed to being annexed was code enforcement.

4. Mr. Francis Tolson, 14607 Donegal Ct., said that annexation would be advantageous to his family because of the service provided by the City. He asked, however, that the City give a tax adjustment for a period of 3-5 years.

5. Ms. Betty Shaw, 1400 Danube Ct., spoke in opposition to the annexation because of the increase in taxes. She also spoke in favor of a referendum.

6. Mr. Stewart Street, 14420 Dolbrook Lane, spoke in opposition to the annexation and said he had a petition that contained 93 signatures calling for a referendum. He felt that at a recent meeting of community residents, the community was not in favor of the annexation and asked for the Council to vote in opposition.

7. Ms. Carol Boykins, 14520 Dolbrook Lane, spoke in support of the annexation.

8. Mr. Clyde Boykins, 14520 Dolbrook Lane, also spoke in favor of the annexation; when he moved to Twelve Oaks, he was under the impression he was moving to Bowie. He said that it is not only the services that Bowie will be providing, but also the community-oriented life-style. He requested the Council vote in favor of the annexation and let the voters make the final decision.

9. Mr. Gregory James, 14402 Dolbrook Lane, spoke in opposition and asked the Council to vote against the annexation of Twelve Oaks.

10. Mr. Frank McGraw, 1515 Danwood Lane, felt there are two opposing camps; the majority of his neighbors who were initially in favor of annexation, have changed their minds. He spoke in opposition to the annexation.

11. Mayor Robinson read two e-mails into the record, which were in support of the annexation.

Following discussion among Councilmembers, Councilman Lyles moved to approve Resolution R-64-06. Mayor Pro Tem Brady seconded the motion.

Councilman Jenkins said he has historically supported the concept of annexation. However, since last November, he has tried to urge a temporary moratorium on additional annexation because the citizens voted to create a police force; it is his feeling that it unwise to continue to try to build a police force while at the same time continuing to increase the City; growing the City faster than the police force does not make sense. Mr. Jenkins said that since last November the City has considered annexation, which would add roughly an additional 226 acres and 164 new residences. He added that he has never seen a community that is so split on an annexation and he will vote against it, not because he is anti development but felt it is not a healthy process.

The motion to approve R-64-06 carried with a vote of 6-1 (Jenkins).

NEW BUSINESS:

A. Detailed Site Plan #06042 - Woodson Landing - Mr. Joseph Meinert, City Planning staff presented the staff recommendation; he said the subdivision is located at the end of Peppertree Way in the Tall Oaks Crossing, approximately 800 feet west of Pin Oak Parkway; the Bowie Advisory Planning Board (BAPB) reviewed the case and a stakeholder’s meeting was held. Mr. Meinert displayed a PowerPoint presentation, which showed the location of the property, zoning, environmental features, the types of houses planned, and the lot layouts. He said the staff recommendation contains 12 conditions found on Page 7 of the staff report. He referred to Condition #2 regarding the use of the Sequoia model and noted there was an error in the report; staff recommends that Lots 8 and 10 not be included in Condition 2. Mr. Meinert then referred to Condition #3 in which a slight adjustment has been made to add a sentence to read: “The smallest model shown on Sheet 1 of DSP #06042 (The Cypress) shall be deleted.” With regard to Condition #9, he said the staff condition was different from that of the BAPB recommendation; staff is recommending the use of grass pavers in order that City staff can access the plunge pool. In summary, Mr. Meinert noted that staff feels that the Plan does meet City and Council Development Review Guidelines and recommends approval with the 12 conditions as amended.

Councilman Turner said that pursuant to the City Council letter dated September 26, 2006, he will recuse himself from discussion and voting on this matter.

Mr. Ronald Stokes, Chairman of the Bowie Advisory Planning Board, reported that in his absence at the recent BAPB hearing, the hearing was chaired by Vice Chairman Gaskins; he had a conversation with Mr. Gaskins and it is his understanding that there are no major issues with regard to the project and the unanimous vote by the BAPB was for approval with the conditions as amended.

Mr. Russ Warfel, attorney for the applicant and the property owner, reported that at the BAPB hearing, a resident was concerned about Lot 14 being too close to the house proposed on Lot 9 and would like to see more vegetation planted; the applicant is proposing to rotate the house on Lot 9 towards the street and plant arbor vitae in groups of 11 to supplement the tree line; the resident indicated he was satisfied with the resolution. Mr. Warfel submitted a drawing of the proposal for the record. He read a replacement for Condition #9 into the record: “That portion of the driveway on Lot 5, Block A and Lot 10, Block B which will be utilized by the City of Bowie for maintenance access routes for stormwater management will be constructed to a standard greater than the typical residential asphalt driveway cross section of 2 inches of crushed stone and 2 inches of asphalt.” He added that the applicant agrees with the rest of the conditions.

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

Councilman Lyles moved for approval of DSP #06042, Woodson Landing with 12 conditions as amended. Councilman Conroy seconded the motion and it carried with a vote of 6-0 (Turner-recused).

B. Prince George’s County Highway Safety Office Proposal - City Manager Deutsch summarized the staff report dated October 10, 2006, a copy of which is on file at City Hall. He reported that the Office is looking for a new home and because the City has had a relationship as a grant recipient over the years, they asked the City to consider having their two employees located at City Hall; they would guarantee in writing that the City would receive 10% of grant funds as an acknowledgement of housing their employees at City Hall; this would not preclude the City from applying for other specific targeted enforcement grants or other grants available; staff believes this represents a positive opportunity to partner with the County and the State. Mr. Deutsch reported that the term of the agreement is one year depending on federal and state appropriations and he recommended that Council authorize staff to proceed.

In response to a question posed by Mayor Pro Tem Brady, Mr. Deutsch replied that the only negative issue is that the requirements of the federal and state government are that the City include the personnel on the City’s payroll, however, not only the salary but the FICA and Worker’s Compensation costs are fully reimbursable. He said the Finance Director has reviewed the proposal and fully supports the recommendation.

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

Following further discussion, Mayor Pro Tem Brady moved to approve the staff recommendation to endorse the Prince George’s County Highway Safety Office Proposal. Councilman Lyles seconded the motion and it carried unanimously.

ADJOURNMENT:

Mayor Pro Tem Brady moved to adjourn the meeting. Councilman Turner seconded the motion and it carried unanimously. The meeting was adjourned at 9:25 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk