REGULAR CITY COUNCIL MEETING
MONDAY, FEBRUARY 5, 2001
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, March 5, 2001 in the Council Chambers at City Hall. The meeting was called to order by Mayor Robinson at 8:00 p.m.
QUORUM:
In attendance were Mayor Robinson, Mayor Pro Tem Peters, Councilmembers Aleshire, Brady, Ellington, Green and Jenkins; 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.
CITIZEN PARTICIPATION:
A. Mr. Richard Padgett, 2910 Tallow Lane, referred to a copy of a letter from the Attorney General to Senator Leo Green dated 1997. He read portions of the letter into the record concerning construction of an entrance from the Nash Property from Belair Drive. He said the letter indicates that the owner of the property does not have a legal right to access Belair Drive and they have agreed, in writing, with the State of Maryland that they do not need this entrance. Mr. Padgett spoke about the closing of stub streets into the property from the Kenilworth section. He said it was the City’s understanding that the closing of the stub streets eliminated the stub streets. He suggested that the City extend the curb across, remove the blacktop, and fill in the area with soil and grass so that they physically don’t exist; the land could be sold to the adjacent neighbors to improve their property values. A copy of the letter referenced by Mr. Padgett is on file at City Hall.
B. Mr. Jerry Gann, 12720 Haskell Lane, expressed appreciation to City staff regarding the planting of trees on City property behind the Park and Ride Lot on Rte. 197. He asked for a copy of the final plan.
C. Mr. Ted Chambers, 16026 Edgeview Terrace, representing the Bowie Responsible Growth Coalition, publicly thanked Cheryl Allison, who reported for the Bowie Blade-News and is now leaving the community, for her persistence and perseverance in attending City Council meetings; felt the community was well informed due to Ms. Allison’s efforts.
PRESENTATIONS:
A. Proclamation P-2-01 Recognizing Cheryl Allison for Her Outstanding Community Service While On the Staff of the Bowie Blade-News – Mayor Robinson read and moved adoption of P-2-01. Councilman Jenkins seconded the motion and it carried unanimously. Ms. Allison was congratulated by the entire Council and she thanked them for the recognition.
CITY BOARDS AND COMMITTEES:
A. Appointments/Reappointments/Swearings-in – Mayor Pro Tem Peters moved the appointment of Mr. Ted Chambers as a Regular Member of the Public Safety Committee. Councilman Brady seconded the motion and it carried unanimously.
B. Councilman Brady moved the appointment of Ms. Michelle Johnson as a Regular Member of the Bowie Arts Committee. Councilman Jenkins seconded the motion and it carried unanimously.
C. Councilman Brady moved the appointment of Ms. Maria Perez and Mr. Charlie Jacobs as Regular Members of the Community Recreation Committee. Councilman Jenkins seconded the motion and it carried unanimously.
D. Mayor Robinson swore Mr. Chambers, Ms. Johnson, Ms. Perez and Mr. Jacobs into office in accordance with Section 92A of the City Charter.
COUNCIL ANNOUNCEMENTS:
A. Mayor Robinson read a statement into the record as follows: “While the City Council gratefully acknowledges the efforts of the Quality Community Initiative Focus Group in addressing various aspects of improving the Levitt neighborhood, Council is concerned that a recommendation regarding recreation vehicles required Council comment ahead of the public hearing scheduled for February 20. While Council recognizes the aesthetic concerns raised by the Focus Group, we are not prepared to overturn the regulations which have been in effect for almost two decades. In 1992, the Council amended the City Code to limit the parking of such vehicles on City streets to no more than 72 hours. Council believes the existing rules are sufficient on this subject. We look forward to reviewing the full range of QCI issues on February 20.”
CITY MANAGER’S REPORT:
A. City Manager Deutsch reminded the Council and public that the opening ceremony for the Bowie Gymnasium is scheduled for February 10 at 9:00 a.m.; 2) He reported that the Council received a letter regarding the status of the Jesuit Property in relation to the Priority Funding Areas under Smart Growth; Council took action on December 8 to request the County and the State remove the Nash Property from that designation. He said that it would be appropriate for a similar letter be sent regarding the Jesuit Property. Council concurred.
CONSENT AGENDA:
Councilman Jenkins moved the approval of the Consent Agenda Items: A. Approval of Minutes of December 4, 2000 Council Meeting, B. Approval of Minutes of January 2, 2001 Council Meeting; C. Approval of Minutes of January 8, 2001 Council Meeting; D. Approval of Resolution R-11-01, Amending the Membership of the Bowie Advisory Planning Board; E. Approval of Resolution R-12-01, Revising the Purpose and Function of the Public Safety Committee, and F. Approval of Resolution R-14-01, Authorizing the City Manager to Sign a Consent Agreement with the U.S. Department of Justice Binding the City to Make Certain Modifications to Its Programs and Facilities in Order to Maker Them Fully Compliance With the Requirements of the Americans With Disabilities Act. Councilman Aleshire seconded the motion and it carried unanimously.
OLD BUSINESS:
A. Resolution R-100-00 – Enlarging the Corporate Boundaries of the City of Bowie By Annexing Land Contiguous To and Adjoining the Existing Corporate Boundaries of the City of Bowie on the East Side of Race Track Road Consisting of the Remaining Portion of the Saddlebrook (East) Property, Also Known as Saddlebrook (East) Phase II, Containing Approximately 193.73+ Acres – Ms. Lori Shirley, City Planning staff, gave a brief background of the site and noted the 478 acre site is located on both sides of Race Track Road; in 1989, the site was subdivided for a total of 520 lots and six of those lots are zoned R-S; the balance of the property is zoned R-R; in August of 1995 the City and the developer entered into an Annexation Agreement, one of the terms of which stipulated that annexation take place upon completion of sequential phases of develop-mint. She said there are a total of 190 units on the east side, 14 of which were in the first phase annexation area, and there are 74 semi-detached units in the second phase, which is the subject of R-100-00. Ms. Shirley said staff is processing the necessary paperwork with the appropriate State and County agencies; two memoranda were entered into the record concerning Statement of Services with attachments, and Statement of Impacts. She concluded that this annexation is consistent with the plans and policies of general development of the City and the 1991 Area Master Plan; if R-100-00 is adopted, the effective date of the annexation would be Friday, March 23, 2001 and staff recommends adoption of R-100-00.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilman Jenkins moved the adoption of Resolution R-100-00. Councilman Brady seconded the motion and it carried unanimously.
B. Ordinance O-2-01 – Amending Chapter 17, “Park Rules and Regulations” to Prohibit the Erection or Construction of Canopies or Tents on Park Property Without a Permit ; to Restrict the Use of Private Grills in the Parks; to Restrict Camping Activities to the City’s Swanson Road Property and By Permit Only; and to Clarify That Vehicles Impeding the Flow of Traffic in City Parks May be Immediately Impounded Pursuant to Section 14-15 of the City Code – City Manager Deutsch said this ordinance grew out of a worksession that Council held in September, 2000 relating to several suggested revisions to the City Code; Council authorized staff to proceed with developing revisions to the Code concerning issues related to managing City parks; the ordinance makes some amendments to Chapter 17, and establishes some rules for placement of tents and canopies in the park to avoid damaging the irrigation system. He added that the ordinance restricts the use of private grills to designated picnic areas and that they be no larger than 6 feet; clarifies the impounding of cars that are parked so as to impede traffic; and clarifies that camping activities are restricted to the Hohensee property on Swanson Road. Mr. Deutsch said staff believes they have addressed the concerns expressed by a local athletic group.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Mayor Pro Tem Peters moved the adoption of Ordinance O-2-01. Councilman Jenkins seconded the motion and it carried unanimously.
NEW BUSINESS:
A. Resolution R-13-01 – Authorizing the City Manager to Execute An Annexation Agreement for Property on the Northern and Southern Sides of Governor Bridge Road Known As the Longleaf Community – Mr. Frank Stevens, City Planning staff, said the annexation agreement is a standard agreement which includes such things as the warranties and representatives of the City, as well as the property owner, the application of the City Code and Charter, provisions for City services to the annexation area, development considerations such as architectural revisions, and typical tax abatement policy. Mr. Stevens briefly described the exhibits which were attached to the annexation agreement, which include the metes and bounds description of the area to be annexed, the lots in Longleaf that are owned by Richmond American Homes, lots owned by Mid-Atlantic Homes, lots owned by McDaniels Homes, lots owned by NEBF Longleaf Holding Company, and a listing of permits issued by Prince George’s County relating to stormwater management ponds, roads, etc.
Resolution R-15-01, Authorizing the City Manager to Execute a Memorandum of Agreement for Property on the Northern and Southern Sides of Governor Bridge Road Known As the Longleaf Community - Mr. Stevens then addressed R-15-01 and said it authorizes the City Manager to execute an agreement between the City and NEBF Holding Company, the developer of the unbuilt lots in Longleaf; it also addresses the completion of certain development items, such as a bike path that was required by the preliminary and final plats that is located between two lots and is identified on the final plat as Parcel H; it addresses the completion and replacement of some trees along Governor Bridge Road, stormwater management ponds, the final paving of streets, installation of street lights, repairing of curbing, and the installation of street signs throughout the Longleaf community; it also addresses the inspection process which will be handled by Prince George’s County who holds the bonds and has issues all the permits for this project. Mr. Stevens described the exhibits which are cited in the Memorandum of Agreement: a metes and bounds description of the area to be annexed, map showing the location of the bike path, the phasing plan of street paving, and four locations where landscaping will be installed at sidewalk terminus points along Governor Bridge Road. He said after reviewing information and documents that have been provided, staff recommends Council approve Resolutions R-13-01 and R-15-01.
City Planning Director, James Cronk, pointed out that on Page 2 of the Memorandum of Agreement, Item 3 which speaks to the stormwater management pond, staff has negotiated an agreement with the developer to modify the approved County plans to change both the landscaping plan and the required brick wall in front of the pond; this was done at the behest of the current leadership of the Longleaf Residents Association. Mr. Cronk said the net savings to this plan will result in the developer making a contribution of $25,000 to the homeowner’s funds as soon as they take ownership and take over the Board of Directors.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilman Aleshire moved the approval of Resolution R-15-01. Councilman Green seconded the motion and it carried unanimously.
C. Resolution R-1-01 – Enlarging the Corporate Boundaries of the City of Bowie By Annexing Land Contiguous To and Adjoining the Existing Corporate Area of the City of Bowie on the Northern and Southern Sides of Governor Bridge Road Residential Property Known as the Longleaf Community, Part of Parcel A (M-NCPPC) and Parcel A (Open Space) and Commercial Property Known as the Home Depot and BJ’s Wholesale Club, All Containing Approximately 241.67 Acres – City Attorney Levan summarized the Resolution and announced that the public hearing will be held on March 19, 2001.
Councilman Jenkins moved the introduction of Resolution R-1-01. Councilman Green seconded the motion and it carried unanimously.
D. Revision to Specific Design Plan – Pizzeria Uno Chicago Bar and Grill – Bowie Town Center – Mr. William Shipp, attorney for the applicant, noted that they are bringing the plans for three new restaurants before Council; the first two have gone through Site Plan approval and Specific Design Plan approval; what is being discussed this evening is the type and architecture of the restaurants.
Mr. Ken Dunn, Loiderman & Associates, said the Pizzeria Uno site is located interior to the ring road and was one of few sites approved under the original SDP. He oriented the site to Route 197 and explained the location of signage. Mr. Dunn said there were a number of changes: Condition #1A. – Revise to three instead of four shade trees along the northern elevation of the building. Mr. Dunn indicated where the fourth tree will be located along the southwest planting bed. He said they agree, in general, with all the conditions under #3, Building Architecture, with the exception of 3B. He said they would like to change the condition to read: “Applicant shall work with staff to reduce the number of horizontal fluorescent field shielded down lighting.” Mr. Dunn, then referred to Item 3F and said they would like to add the word “color” so it would read: “The entry into the interior storage area shall match the board-on-board gates’ color proposed in the service area along the western elevation.” He also referred to Item 3D which concerned the downspouts and explained that they are an architectural feature that are designed to enhance the building and hoped that a way can be found to keep the downspouts.
Councilman Green noted that Page 2 and Page 6 of all three staff reports on the restaurants contained the same language regarding fire engine service and ambulance service and the response time being inadequate. He asked how was the inadequacy of a very essential service being answered. Mr. Shipp replied that this is a question that would be better directed to the County since it was a CIP process. Councilman Green then read Condition #19 of the 1999 staff report that was not accepted: “The fee in lieu of $275,000 for the NTC fire station formerly as Enfield Chase Parcel 9 shall be amended. Contribution of the entire fee shall be placed in escrow fund for County and/or City benefit prior to the issuance of the first Use & Occupancy permit for Parcel 9; should Prince George’s County fund a BowieTown Center fire station for construction in either its FY 2001 or FY 2002 CIP, these escrow funds shall be used for this purpose. If the Bowie Town Center fire station is not funded in FY 2001 or FY 2002 County CIP, then a fee in lieu shall be used for the purchase of additional fire fighting equipment not previously budgeted to benefit the fire service companies which will respond to the Bowie Town Center which are currently Company 43, Pointer Ridge Fire station and Company 39 Annapolis Road Fire Station.” He added that this Council took action which they believed would help to move along a fire station as the Council always believed would be done at the same time as the construction of the Bowie Town Center. He suggested that Council meet with Fire Chief Siarnicki and with the County Council representatives to find out how this issue can be moved along; this is a growing problem in the community and was noted when the Turf Farm, the Science and Technology Center, and the Nash Property were before Council.
Councilman Jenkins asked if the restaurant would have a ceiling. Mr. Shipp replied that one portion of the restaurant has a ceiling, but the main dining room does not. Councilman Jenkins said he would like to encourage that this be reconsidered. He said that at least five restaurants in Bowie do not have ceilings and he would like to see this not become the standard for new restaurants.
Mayor Pro Tem Peters said that it is not only the inadequacy of fire services, but police services and which needs to be coupled with the fire issue. He suggested that there is a great deal of economic development occurring and all the formulas for economic development for additional police, fire and education have been set out and are either not being followed or are being waived; what is happening is that the infrastructure is being reduced from public safety and education; this is an issue the City needs to take to the County and Park and Planning, and to enlist some support from other entities.
Councilman Brady noted that the City should be holding the County responsible for what they should be providing since the County will realize economic benefits.
Councilman Ellington asked questions concerning carry-out service and if it is factored into the traffic study. Planning Director Cronk replied the traffic study is based only on the number of seats and an additional service in not factored in. Mr. Shipp added the take-out service is a very small percentage of the total business of the restaurant; the restaurant is serviced by a much larger parking field than is typically associated with a stand-alone restaurant. Councilman Ellington suggested that staff be directed to address this issue with the County staff. He added that he shares the concerns about the public safety issues and felt that Bowie has become a destination of choice for restaurants and retail, and that there is an opportunity for crime. He believed that with the increase of commercial activity, the increase of crime is proportionate. He asked that these numbers be provided when the County Police appear before Council at the next Council worksession. He added that at some time there needs to be legislation that requires impact fees to stay in the region that is impacted.
Mr. Frank Stevens, City Planning staff, summarized the staff report dated February 2, 2001, a copy of which is on file at City Hall. He said this application meets the requirements for approval of an SDP and conforms to the CDP; staff is recommending approval with the conditions contained in the staff report, as well as the following amended conditions: 1A) staff concurs with the change to provide 3 shade trees along the northern elevation of the building, and a fourth tree to be relocated to the southern elevation of the building in a planting bed; 1B and C) – okay; 2 has been split into two parts: 2A) addresses no flags or banners mounted, suspended or otherwise displayed on the building, or be permitted on the site except for one standard-sized American flag; 2B) City permits shall be issued prior to the installation of all signs related to this use; 3A) - okay; 3B) revised to read “The applicant shall work with staff to reduce the number of horizontal lights located near the top of the parapet; encourage accent lighting but not to the extent that it contributes to light pollution or excessive lighting; 3c) - okay; 3d) all downspouts and scuppers shall be internal; 3e) - okay; 3f) entry into the interior storage area shall match the color of the board-on-board gates.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilman Aleshire moved approval of Revision to Specific Design Plan for the Pizzeria Uno Chicago Bar and Grill as amended. Councilman Jenkins seconded the motion.
Councilman Green offered an amendment to read: “While this application meets the present SDP requirements, Council is extremely concerned with the inadequacy of fire engine service, fire truck and ladder service, ambulance service, and police service to the parcel. We call upon the Prince George’s County Council to fully fund the Bowie Town Center fire station in FY 2003, which was first placed in the County’s CIP in 1977. We also wish to note that the City exchanged land for the Bowie Town Center fire station in 1987 for the specific purpose that the County would have a better site for a fire station. We feel the County should increase police personnel to the Bowie Town Center, we feel that regional impact fees should remain in the impacted municipality, and that a similar letter be sent to the County Council to fully fund the BowieTown Center fire station this year.”
Councilman Ellington asked if the original CDP called for $600,000 in road improvements for Mitchellville Road and another approximate $275,000 for the fire station. Planning Director Cronk replied that both of these items were included in the original CDP; the County is currently building Mitchellville Road and is funding the full cost of that road. Councilman Ellington said he wanted to bring this up as a point of clarification that these funds were apparently waived by the County Executive as a requirement; the County Executive should be made aware of this as well as directing it to the County Council.
Councilman Jenkins seconded the amendments to the original motion and it carried unanimously.
Councilman Aleshire pointed out that Condition 3D should be deleted from the motion to allow the downspouts and scuppers to be exposed and Councilman Jenkins concurred. The motion to approve the Revision to the Specific Design Plan as amended carried unanimously.
E. Revision to Specific Design Plan – DuClaw Restaurant and Brew Pub – Bowie Town Center – Mr. William Shipp, attorney for the applicant, said this is an architecture submittal of an already approved SDP, is located across the street from the Pizzeria Uno Restaurant and is the third location in the State of Maryland. He said they are in agreement with the staff conditions, but they might want to retain some flexibility regarding the plant materials to make sure they are consistent with the approved SDP.
Mr. David Benfield, President of DuClaw Brewing Company, distributed a copy of the menu and gave a brief history noting that they opened in Belair, MD in 1996, and are currently under construction of a second location in the Arundel Mills Mall. He said the restaurant is an upscale, casual, eclectic cuisine; according to State law, they cannot have a functioning brewery at this location.
Mr. Charles Alexander, Alexander Design Studio, said this restaurant will be unique and designed for this specific location. He displayed diagrams showing location, access, primary views of the restaurant, as well as parking and walking areas, streetscapes, and planting areas. He described the interior of the restaurant noting the location of the bar area, dining area, kitchen, and the upper level which is dedicated to additional dining for overflow and catered functions. Mr. Alexander said there is also a second level to the bar and the roof terrace which is only accessed through the bar. He concluded his presentation by describing the elevations.
Mr. Frank Stevens, City Planning staff, summarized the staff report dated February 2, 2001, a copy of which is on file at City Hall. He reviewed the conditions and reported that Condition 1A) is amended to eliminate the four alternatives and go with the red oaks that will be along the northern elevation of the restaurant; Condition 2 will be split into 2A – no flags or banners on the building; and 2B) City permits must be issued prior to the installation of all signage related to this use; 3A and B) no longer apply and can be deleted.
Councilman Brady asked about Condition 1E and Mr. Stevens noted that the word “should” should be changed to “shall”.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilman Aleshire moved for approval of Revision to Specific Design Plan, DuClaw Restaurant and Brew Pub with amendments. He also included in the motion the amendment made by Councilman Green in the previous Pizzeria Uno application regarding adequate public facilities for fire and ambulance services. Councilman Jenkins seconded the motion and it carried unanimously.
F. The Olive Garden Restaurant Specific Design Plan #SDP-0101 – Bowie Town Center – Mr. William Shipp, attorney for the applicant, said the applicant is in complete agreement with the staff positions and agreed to all the Bowie Advisory Planning Board conditions. He noted that between the BAPB hearing and this Council hearing, the plans have been revised and questions raised have been addressed. He also said that they have no problems with the inclusion of the additional conditions regarding flags and banners.
Mr. Ken Dunn, Loiderman & Associates, presented a detail of the Site Plan and elevations. He oriented Council to the site and noted it was across the street from the other two restaurants; the main entrance is off the ring road and there is a secondary entrance into Lot 2; the restaurant contains 242 seats, have provided adequate parking including handicapped spaces per ADA requirements, and maintained the City guidelines of one tree per parking space.
Mr. Neil Terwilliger, Darden Restaurants, summarized the architecture and said it is a stone building with a barrel tile roof, will have 276 seats which include 242 inside seats and 34 outside seats on the terrace.
Mr. Shipp added that there will be tablecloths on the tables and the building will have a ceiling; the restaurant is on the outer ring and meets the criteria of the City’s imposed criteria for parking of the additional 20% above code.
Rev. John Cooper, Vice Chairman of the Bowie Advisory Planning Board, reported that all issues were addressed and conditions revised according to staff recommendations and the Board voted 5-0 for approval.
Mr. Frank Stevens, City Planning staff, reported that the Specific Design Plan conforms to the CDP features stated on Page 8 of the staff report, a copy of which is on file at City Hall; staff recommends approval with the conditions stated in the staff report, adding a condition that addresses flags and banners and City permits as in the case of the previous applications.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilman Aleshire moved approval of Specific Design Plan 0101, Olive Garden Restaurant at the Bowie Town Center with the following amendments: Condition #1 – to include an exit stop bar in the rear parking lot; and the addition of Conditions 2A and B regarding flags and banners and City permits; and to include letters to the County and the Park and Planning Commission regarding adequate public facilities for fire and ambulance services. Councilman Jenkins seconded the motion.
Councilman Jenkins then offered an amendment to the motion to add a consideration that the applicant is encouraged to participate in Bowie’s school partnership program. He also asked Mr. Shipp to pass this on to his other two clients to encourage them to participate as well. Councilman Aleshire concurred and the motion carried unanimously.
COUNCIL COMMENTS:
A. Councilman Aleshire said that staff has received calls from the State Highway Administration regarding to their presentation held at City Hall. He said he had heard that there was a new plan and was concerned that a public hearing will be held without citizens having seen the new plan. Planning Director Cronk said the State Highway is working with the focus group that were appointed by the City Council; as part of the process, when they get down to a limited number of alternatives, they then go out to a public forum. He reported that SHA is taking the comments from the first forum and try to improve the plan to meet the comments of the residents; they then go back to the focus group to modify the plans as best as they can; the focus group will work with staff to try to narrow the recommendations down to one or two; it then goes back to the public in the form of two public hearings for comment before an adoption; it will then go to SHA for final approval.
B. Mayor Pro Tem Peters reported that he had a call from the Bowie Substation asking what information they should provide for the report scheduled at the next worksession. Mr. Peters said he requested the last five years of staffing levels since this is the basis of the APF tests discussed this evening. He said he would also like to have the number of square footage, employees and tax dollars that have been added to the community over the last five years from the Planning Department.
ADJOURNMENT:
Mayor Pro Tem Peters announced that the City Council met in Executive Session prior to this meeting for the purpose of discussing land issues; all members of the Council, City Manager Deutsch, Asst. City Manager Fitzwater and City Attorney Levan were present. Mayor Pro Tem Peters moved to adjourn the meeting. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 10:57 p.m.
Respectfully submitted,
Pamela A. Fleming, CMC
City Clerk