REGULAR CITY COUNCIL MEETING

MONDAY, MARCH 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, Councilmembers Aleshire, Brady, Ellington, Green, Jenkins, and Peters; 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.  

AGENDA ADDITIONS/DELETIONS/AMENDMENTS:

            A.  Mayor Robinson added Proclamation P-4-01 to the Consent Agenda.

            B.  Councilman Aleshire requested that Item H under the Consent Agenda regarding construction improvements to the Ice Arena be moved to New Business as Item D for discussion and action.

CITIZEN PARTICIPATION:

            Mr. Charles Burton, 12410 Camfield Lane, spoke about public safety and noted that Council had received incorrect information about response times and the medic unit response time is exactly the same as the engine company or basic ambulance; they all come out of Station 43.  He spoke in opposition to a fourth fire station in the City and felt it would hurt Station 49 and Station 43.  Mr. Burton said what is needed is additional staffing.

CITY BOARDS AND COMMITTEES:

            A.  Councilman Jenkins moved the appointment of Diedre Young as a Regular member of Civic Affairs Committee.  Councilman Aleshire seconded the motion and it carried unanimously.

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

CITY MANAGER’S REPORT:

            A.  City Manager Deutsch reported on the following:  1) The Public Safety Officer met with the Bladensburg High School and Bowie High School security staff to discuss the planned transition of students to the Belair Annex.  2)  Four firms responded to the notice regarding the school audit; interviews will begin shortly and a selection made within one month; 3) The County has exercised its option and directed that the tenant of the Whitehall Elementary School to vacate within 90 days.   This begins the process to return the facility back into a school.  4)  City staff met with staff from the Board of Education regarding the proposed school on Northview Drive; in recent conversations, Council has indicated a willingness to expedite the project; further meetings will be scheduled to discuss how to assist.  5) The latest information on the ongoing Mitchellville Road project indicates that the paving is expected to start on March 19 and will continue up to April 19; the road will then be reopened to traffic with both new segments operational as well. 

            Councilman Jenkins spoke about the need for the City to start an initiative for a social event to welcome the students and parents of Bladensburg High School to the community.  City Manager Deutsch reported that the Education Committee has discussed this and he will get a report from the staff liaison.

CONSENT AGENDA:

            A. Councilman Jenkins moved approval of Consent Agenda Items A. Approval of Resolution R-16-01, Amending R-65-86 “Rules and Regulations of City Committees”; B. Approval of Resolution R-17-01, Allowing for the Reduction of the Performance Security Guaranteeing Construction of Streets and Appurtenances in Bowie New Town Center Parcel U Under Permit 2-9596; C. Approval of Resolution R-18-01, Allowing for the Reduction of the Performance Security Guaranteeing Construction of Storm Drain in Bowie New Town Center Parcel U Under Permit SD 8-9495; D. Approval of Resolution R-19-01, Accepting the Public Storm Drain Constructed Under Permit SDP 2-9899 at Harvey Manor and Releasing the Construction Securities Required Therewith; E. Approval of Resolution R-20-01, Accepting the Stormwater Management Facility Constructed Under Permit SWM 8-9899 at Harvey Manor and Releasing the Construction Securities Required Therewith; F. Approval of Resolution R-21-01, Accepting the Storm Drain Constructed Under Permit SD 1-9798 at Pin Oak Parcels 3 and 4, Phase 2 and Releasing Construction Securities Required Therewith; G. Approval of Resolution R-22-01, Accepting the Storm Drain Constructed Under Permit SDP 2-9798 at Pin Oak Parcel 5, Phase 1 and Releasing the Construction Security Required Therewith; and H. Approval of Proclamation P-4-01 – Recognizing Jackie Livingston on the Occasion of Her Retirement From Omaha Beach, DAV.   Councilman Aleshire seconded the motion and it carried unanimously.

NEW BUSINESS:

            A.  Specific Design Plan #0009, Ternberry Lots 58-61, Block C – Mr. Garland Stillwell, representing the applicant, said they have reviewed the recommendations included in the staff report and concurred with most the conditions.  He said they would like to discuss Condition #11.  He added that they have had extensive community outreach with regard to this proposal and initiated a meeting with the Ternberry Homeowners Association on December 2, 2000.

            Ms. Liza Bowles, President of the NAHB Research Center, said the purpose of the Research Center is to develop new technology, to help keep home builders and housing up-to-date with technology and to work on issues such as quality and affordability in new materials.  She described some of the NAHB projects throughout the Country and then described the homes to be constructed.

            Mr. Ken Dunn, Loiderman & Associates, landscape architects for the project, said there will be four single-family detached dwellings on four single-family lots as part of the overall Ternberry subdivision.  He described how the houses are to be located on the lots and the landscaping.  With regard to Condition #11, Mr. Dunne referred to the words “dusk to dawn” and said that the applicant felt the lighting was better controlled by the homeowner.  He asked that the words “dusk to dawn” be stricken. 

            Mr. Walter Planet, Chairman of the Bowie Advisory Planning Board, said the Board met on February 27, 2001 and was in disagreement with the staff recommendation.  He reported that the Board voted to disapprove the Specific Design Plan based on 3 major items: 1) not in favor of flag lots and the current configuration had more flag lots than the previous configuration; 2) the current configuration moves driveways too close to existing houses; and 3) the proposal is different from the existing development. 

            Mr. Joseph Meinert, City Planning staff, summarized the staff report dated March 2, 2001, a copy of which is on file at City Hall.  He reported that the Specific Design Plan and the criteria for approval relate to the conformance of the project to the Comprehensive Design Plan, the provision of public facilities to serve the project, that properties drainage will be handled adequately, and that the woodland conservation requirement will be met.  He said with regard to public facilities, the subject project is in a location where the schools are over 100% capacity, and the applicant will be required to pay the school facility surcharge because the schools are not in excess of 130%.  Mr. Meinert then spoke about the drainage criteria and said the applicant has submitted calculations to the City engineers and the property will satisfactorily address this criterion; the criteria for woodland conservation is not applicable since the area is not wooded.  He further reported that basically the review of this project centers around the CDP which was approved in 1989, along with the SDP for the majority of the property.  Mr. Meinert referred to the conditions contained in the staff report which relate to the conformance of the project to the CDP, and noted that the applicant is in agreement with the conditions, with the exception of Condition #11.  He said staff would prefer to leave the wording as contained in the staff report and that the lighting needs to be provided because there is public access pathway which provides access from the homeowners’ properties; there are two options to the development: 1) to provide dusk-to-dawn-type photo cell lights on individual lots; and 2) provide a single light pole to the rear of the lots on the Ternberry Homeowner Association parcel if permitted by the Homeowners Association.

Public Hearing:

            Mr. John Butler, President of the Ternberry Homeowners Association, 16122 Parklawn Place, said the HOA has reviewed the proposal several times and disagrees with it; they prefer the construction as it was originally planned for a number of reasons: 1) the driveway would be behind the property of the existing units; 2) safety was an issue because the driveway is very narrow for public safety vehicles; 3) there is a problem on the rear flag lot because if there is a vehicle in the driveway of the shared portion of the driveway, the residents in the rear will not be able to get around it without driving across the yard; and 4) the homes are substantially smaller than the existing area so prices will be lower.

            Ms. Lynn Gamerman, 1010 Pembridge Court, said if she had known in 1996, when she purchased her home that there would be a driveway 3 feet off the property line, she would not have bought the house.  She said she was concerned about safety, noise and the value of her property going down.

            Ms. Margaret Smith, 1006 Pembridge Court, said she lived in one of the homes that would border the driveway and was not happy with the arrangement.

            Ms. Bowles responded to some of the issues addressed and said it was their view that it would be better if the homeowner could regulate the lights that would be located on individual lots. 

            Councilman Ellington recused himself from voting because of the possibility of a conflict due to familiarity with the applicant.

            Councilman Brady moved to table the application for two weeks so that staff can work with the applicant and the HOA to resolve some of the issues.

            City Attorney Levan said Council could table this item for two weeks to allow the applicant to meet with staff and the HOA; the public hearing would not need to be repeated. 

            Mayor Pro Tem Peters seconded the motion and it carried with a vote of 4-2-1 (Brady, Peters, Jenkins, Green- yea; Robinson, Aleshire – nay; Ellington – recused.

            B.  Resolution R-23-01 – Accepting the Bid by Packard Construction of Newington, Virginia for the Purpose of Providing Certain Construction Improvements (Additions B,C and Alternate #1) to the Bowie Ice Arena – City Manager Deutsch summarized the staff report dated March 1, 2001, a copy of which is on file at City Hall.  He said the project is known as Addition B and C and is part of an overall building project and upgrade to the Ice Arena; it was first initiated in 1990; the project will complete the entire renovation project.  Mr. Deutsch said this specific project was first budgeted in Fiscal Year 1999, again in 2000, and again in 2001.  He said staff believes that the recommended contract is appropriate; several factors created the increase in cost which include the need for expanding the pro shop, significant ADA require-ments, bathroom replacements and deteriorating roofing.  He said the staff recommends approval of the project; the facility will close early this season to accommodate the construction of the project; completion will allow this facility to be in a stronger competitive position providing the amenities the users have desired over the years.

Public Hearing:

            Mr. Jim Willis, 6403 Grason Terrace, President of the Bowie Hockey Club, said this is the 30^th year of the Bowie Hockey Club and would like to continue providing a hockey program.  He added that the Club was in full support of the improvements to the Ice Arena.

            Mr. Doug Parks, 2713 Advent Ct. South, said he hoped the City Council would act favorably for the approved amenities and upgrades and urged the Council to adopt Resolution R-23-01.

            Ms. Eileen Brady, 12411 Madeley Lane, member of the Board of Directors of the Bowie Figure Skating Club, asked the Council approve the requested funding which is needed and long overdue.

            Ms. Renee Wheeler, 1321 Palmyra Lane, spoke in favor of the funding the improvements and felt they were needed.

            In response to a question posed by Mayor Pro Tem Peters, City Manager Deutsch provided information that was received from the architect.  Mr. Peters said he would support the changes if they were spelled out in the supplemental budget ordinance. 

            Councilman Brady reported he had received a letter from Margaret S. Chaires, 49023 Sundown Circle, Bowie, 20720 in support of funding the renovations and asked that it be entered into the record.  Mr. Brady said he was in support of the resolution and asked that a report that breaks out the escalation be provided to Council. 

            City Manager Deutsch said that the City Attorney has advised that the resolution be amended in the “Now, therefore, be it resolved” clause to add the words “subject to the availability of funds” since there is a need for a supplemental appropriations ordinance.

            Councilman Aleshire moved for approval of Resolution R-23-01 as amended.  Councilman Brady seconded the motion and it carried unanimously.

            C.  Specific Design Plan #0103 – University of Maryland Science and Technology Center, Parcels 2F, 4A, and 4E; and Specific Design Plan for Pod 3 (MIE Properties, Inc.)  – Mr. Ramon Benitez of MIE Properties reported on the progress of their proposal of a responsible development of an existing parcel that was designed and approved in 1986. 

            Mr. Joseph Meinert, City Planning staff, summarized the Bowie Advisory Planning Board report dated March 2, 2001, a copy of which is on file at City Hall.  He said the Board voted in favor of the staff recommendation of approval.  With regard to the City staff recommendation, Mr. Meinert said staff recommends approval of the Specific Design Plan with a number of small items which need further revision by the applicant, and that significant progress has been made since December 4, 2000.  He then summarized the staff recommendation and referred Council to Page 2 of the BAPB report which contains a summary of the Planning staff recommendation.  He reported that the only difference of opinion was related to Item C.1 which pertains to Pod 3; staff conditions g, h, and i are in response to an architectural issue that was raised with the buildings which were proposed on Pod 3; this pod contains two 4-story office buildings oriented in a north-south orientation.  Mr. Meinert said that at the Architectural Review Committee meeting, staff voted against the architecture because it did not conform to the principles and standards outlined in the Comprehensive Design Plan text; staff is recommending several items which are intended to mitigate for the architecture deficiencies such as brick paver treatment and that the sidewalks also be constructed with brick paver treatment.  He also reported that another recommendation made by staff was that in the traffic circle, which is the main focal point for Pod 3, a very large caliper tree be installed, which would provide a focal point and identity.  With regard to Item C.4, which pertains to the treatment of Pod 3 endwalls, Mr. Meinert said staff is recommending the southerly endwall which faces the stormwater management pond, and the northern endwall which faces the Route 3/Belair Drive intersection be further defined and articulated through some architectural design.  He concluded by saying that staff is recommending approval with all of the conditions that would require the applicant to perform the identified improvements as conditions of approval.

            In response to a question posed by Mayor Pro Tem Peters regarding public transportation, City Manager Deutsch replied that staff met with Mr. Ray Ambrose of the Corridor Transportation Company recently and discussed the potential of their type of bus service in the Bowie community; this issue has been raised by others in the context of neighborhood-to-neighborhood shopping and other intra community bus activities.  Mr. Deutsch said that Mr. Ambrose indicated that the applicability of bus service in our type of community relates to employment centers such as the Science & Technology Center; staff will be in touch with Mr. Ambrose again to see whether bus service can be pursued with his organization or another one and to see how it fits into the community.

Public Hearing:

            Ms. Robin Tucker, 12329 Roundtree Lane, said that the City should welcome a developer such as MIE who has the desire to built a quality office park.  She said that a quality park offering quality jobs to quality people in a quality city will create increased taxes paid into the City.

            Mr. William Freed, 16531 Abbey Drive, said the buildings on Pods 2 and 4 achieve the desired campus-like atmosphere, but Pod 3 does not. 

            Mr. John Pfuhl, 16530 Abbey Drive,  said he felt a campus setting has not been achieved on Pod 3.  He said he was concerned about enforcing the provisions of the CDP and keeping the property as a campus setting.

            Ms. Barbara Currier, 5710 Park Drive, said she felt that Pod 3 should have the same type of development as Pods 1 and 2.  She was concerned about truck traffic, overnight parking and preservation of wildlife.

            Ms. Maureen Fine, 2509 Knighthill Lane, spoke about rain gardens as pioneered in Prince George’s County which are low-lying areas landscaped with moisture tolerant grasses, wild flowers, shrubs and trees that are planted in areas where stormwater runoff is intercepted, filtered and absorbed into the earth.  She said that if stream flows are to be kept adequate and keeping aquifers and groundwater in good quality, then additional drainage systems that keep the water where it falls instead of running off needs to be looked at.   On behalf of EWHAG, Ms. Fine requested the consideration and approval of EWHAG’s adoption of the Upper Stormwater Pond as a educational and demonstration project on how to optimize a man-made stormwater management system with wildlife habitat.  

            Planning Director Cronk referred to Page 2 of the BAPB which contains the Planning Staff Recommendation, and summarized the conditions listed. 

            Councilman Jenkins referred to Page 18 of the staff report and asked that the applicant firmly agree to Condition A.2 which refers to the Landscape Plans and Plantings.  Mr. Benitez concurred.  Mr. Cronk reported that the City will assume responsibility of street trees and median plantings planted on City property.

            Councilman Jenkins then said he had a problem with the term “textured pavement” and asked that the words “textured or simulated brick treatment” be used.  Mr. Benitez agreed.   Mr. Cronk concluded his review by saying that the only disagreement was Condition C.4 on Page 2 dealing with treatment of Pod 3 endwalls and noted that the applicant did not believe that a problem exists.

            Councilman Green moved to approve SDP #0103 with amendments made on Pages 18, 19 and 20 of the staff report, specifically on A.3 to read: “Street trees on Science Drive, Melford Boulevard, and Telsa Drive as well as median plantings in the Medford Boulevard right-of-way shall be provided by the City.” ; language stating that brick pavers or simulated brick shall be used.  Mayor Pro Tem Peters seconded the motion. 

            Councilman Green noted that staff reported that Park and Planning has advised the City that response times are inadequate.  He said, for the record, that this Council saw the need in November of 1999 and asked the Council to either build the New Town Center fire station, or allocate the $275,000 for equipment to the Pointer Ridge and Free State Mall stations.  He said that until there is a positive response from the County, a cautionary letter needs to be sent with the approvals that the response times are still inadequate and just placing the funding  in the CIP is not good enough.

                        Councilman Aleshire amended the motion to add that no flags or banners be placed on buildings and that it be noted on the plans.  The maker and seconder of the motion concurred and the motion carried unanimously.

            D.  University of Maryland Science and Technology Center Phase 1 – Request From the Environmental Wildlife Habitat Advisory Group for the Upper Stormwater Management Pond – Landscaping Considerations/Wildlife Habitat – Mayor Robinson announced that the public hearing for this item was combined with the SDP public hearing.  Councilman Jenkins moved that the City of Bowie adopt the upper pond as a demonstration project that enhances wildlife habitat while accommodating the stormwater management needs and maintenance of the pond, and that the EWHAG be designated as the focal point for the adoption, asking the developer not only to concur, but to encourage future tenants to participate in the process as well.   Councilman Aleshire seconded the motion and it carried unanimously.

COUNCIL COMMENTS:

            A.  Councilman Brady requested the following: 1) a proclamation for Major Richard Welsh who is being transferred from the District II Substation; 2) a status report about the flooding due to backup of culverts along the CXS railroad; 3) a letter be sent to SHA thanking them for their quick response in repairing the damaged fence along Mitchellville Road and Rte. 197; and 4)  a letter be drafted in support of SB-129 which will increase the number of teachers eligible for state financial support when they apply to become certified by the National Board of Professional Teachers Standards.  Council concurred.

EXECUTIVE SESSION:

            Mayor Pro Tem Peters announced that the City Council met in Executive Session prior to this meeting to discuss legal and land use issues.

ADJOURNMENT:

            Councilman Jenkins moved to adjourn the meeting. Councilman Aleshire seconded the motion and it carried unanimously.  The meeting was adjourned at 11:30 p.m.

Respectfully submitted,
                                                                                

Pamela A. Fleming, CMC
City Clerk