REGULAR CITY COUNCIL MEETING
TUESDAY, JANUARY 22, 2002
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Tuesday, January 22, 2002 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, 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.
CITIZEN PARTICIPATION:
A. Ms. Ellen Hur, 3318 Superior Lane, representing the Bowie Area Dry Cleaners, spoke in opposition to the Dry Clean Depot proposed for construction at the Market Place.
B. Mr. Dick Selleh, 8504 Nightingale Dr., Lanham, said he has been in the dry cleaning business for many years in Prince George's County. He said that Dryclean Depot operates 14 locations; felt there was a number of issues that need to be addressed concerning the location of the Dry Clean Depot at this proposed site in Bowie. He said he would recommend that if Council leans towards approving this request, that a traffic study be conducted to see if this is a viable location.
C. Ms. Erica Policelli, Diplomat Cleaners located at 15480 Annapolis Road, said she was opposed the proposed Dry Clean Depot. She said Diplomat has been in Bowie since 1978 and felt the location of the Dryclean Depot in Bowie would destroy the smaller businesses.
D. Mr. Jon Lee, 16707 Governor Bridge Road, spoke on behalf of all the dry cleaning businesses in Bowie. He spoke about the meeting held by the owner of the Market Place to solicit input from residents and noted the residents indicated they wanted a place where they could walk to and spend Saturday afternoons with the family; the opening of a Dry Clean Depot would increase traffic and felt the City streets would not be able to accommodate the additional traffic. Mr. Lee asked the City Council to be an advocate for the small dry cleaning businesses already located in Bowie.
Mayor Robinson said that staff will contact Mr. Jamal, the owner of the Market Place, to see if he would be amenable to meet with the dry cleaning business owners and staff, and look at what the legal options are. City Manager Deutsch replied that staff will attempt to set up a meeting to be the intermediary between the owner of the Market Place and the dry cleaning representatives; also will prepare a report to Council to address the issues raised this evening.
E. Ms. Gail Booker Jones, 3211 Dunwood Ridge Terrace, spoke about the release of the Woodmore Highlands construction bonds to Curtis Homes. She reported that at a meeting in December, the Homeowners Association was told that there would be a meeting with the builder to address the concerns with respect to the highway guard rail within the community as well as the sidewalk issue; there has not been a meeting with the developer. Ms. Booker Jones said she was concerned that this item had been placed on the Consent Agenda before the meeting with the developer was held.
Councilman Aleshire said that he and the City Manager had met with representatives of the Homeowners Association and it was determined that they would get back to him on issues concerning the guard rail; it was also determined that that the bond has been performed and that every requirement has been met, therefore, there was no need to remove this item from the agenda, there was no legal require-ment to hold the bonds.
Councilman Jenkins asked for clarification from the City Manager and noted that there were two bonds as issue: one bond has to do with completion of streets, curbs, lights, sidewalks and trees, and the other one has to do with storm drain improvements. He asked if the City was aware of any complaints or grievances that has to do with any of these areas. City Manager Deutsch replied that none of the issues have challenged the completeness or the quality of the municipal improvements that are covered by these bonds. Councilman Jenkins said he felt the City would be at legal risk if these bonds were held if, in fact, none of the complaints address the areas noted. City Attorney Levan concurred.
CITY BOARDS AND COMMITTEES:
A. Councilman Aleshire moved the appointment of Mr. Dale Grant as Chairman of the Human Resources Committee for another two year term. Mayor Pro Tem Peters seconded the motion and it carried unanimously.
B. Councilman Jenkins moved the reappointment of Ms. Abbie Banks as Chairman of the Civic Affairs Committee for another two year term. Councilman Brady seconded the motion and it carried unanimously.
C. Mayor Robinson moved the appointment of Mr. Lonnie Stith as a Regular Member of the Bowie Advisory Planning Board. Councilman Jenkins seconded the motion and it carried unanimously.
CITY MANAGER'S REPORT:
A. City Manager Deutsch reported on the following: 1) Planning and Zoning Legislation - There was a meeting late last Friday involving the Prince George's County municipalities who are promoting this issue; staff is continuing to work on various strategies; there is a meeting of the bi-county committee next Tuesday in Annapolis in with Delegate Hubbard's legislation will be discussed. He said it would be helpful if a representative of Council participate. 2) Delegate Hubbard has distributed a bill in its early draft form to compel the County to hold a referendum of CB-40; will provide a copy of the draft legislation to Council.
CONSENT AGENDA:
Councilman Aleshire moved approval of Consent Agenda Items A. Approval of Minutes of November 5, 2001 Council Meeting; B. Approval of Resolution R-4-02, Accepting the Storm Drain Constructed Under Permit SD 7-9697 at Woodmore Highlands Phase 3 and Releasing the Construction Securities Required Therewith; C. Approval of Resolution R-11-02, Accepting the Streets and Appurtenances Constructed Under Permit P 2-9899 at Woodmore Highlands and Releasing the Construction Securities Required Therewith; D. Approval of Resolution R-9-02, Approving the Sale of Lots 14, 15, and 16 of Block 14 Located on Fifth Street in Huntington to MGA Buildings Inc., E. Approval of Resolution R-12-02, Accepting Bid for Construction of a Retaining Wall at Allen Pond; and F. Ratification of Proclamation P-2-02, Congratulating Ronald Jon Siarnicki on His Retirement From the Prince George's County Fire/EMS Department. Councilman Jenkins seconded the motion and it carried unanimously.
OLD BUSINESS:
A. Ordinance O-2-02 - Amending Chapter 4, "Animal Control" and Chapter 17, "Park Rules and Regulations" to Establish Rules and Regulations for the Bowie Dog Park and to Clarify Certain Provisions of Chapter 4 With Respect to Public Nuisance Animals - City Attorney Levan summarized the ordinance and said it is primarily a technical ordinance; there was a conflict in the code with necessitated the proposed changes; the change exempts the Bowie Dog Park from requiring dogs to be on leashes; in addition, additional sections of the code were revised to define and permit the rules governing dogs on leases in the Dog Park; on Page 4, a public nuisance is more precisely defined in terms of what conduct what constitutes a public nuisance to make easier for enforcement.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilman Brady moved adoption of Ordinance O-2-02. Councilman Aleshire seconded the motion and it carried unanimously.
NEW BUSINESS:
A. Resolution R-2-02 - Creating a Residential Permit Parking District for Tilbury Lane and Tinder Place -
B. Resolution R-8-02 - Creating a Residential Permit Parking District for Millstream Drive -
Mr. Alan Creveling, Public Safety Officer, summarized the staff report involving Millstream Drive and said there was a petition signed by 21 one of the 24 residents of the area because of excessive traffic safety and debris problems occurring in front of the town homes along Millstream Drive; the request is for permit parking from 9 a.m. to 3 p.m. daily all year round. He said the residents were sent letters advising them of this proposed action and no complaints or discussion have been received from any of the residents.
Mr. Creveling then summarized the staff report involving Tilbury Lane and Tinder Place and noted that the residents of the subject area submitted a petition to create a Residential Permit Parking District; the request is for Monday-Friday, 7 a.m.- 1 p.m., September 1 through June 15. He reported that this is in response to the severe overcrowding of cars along the curb lines; residents were sent letters advising of the proposed action and no negative replies were received.
Public Hearing:
1. Mr. Frances Gleason, 12209 Tilbury Lane, said that student parking has become intolerable on Tilbury Lane and urged approval of Resolution R-2-02.
2. Mr. James O'Connell, 12726 Millstream Drive, said he signed the petition mainly because of the trash along Millstream Drive. He felt that some of the trash comes from the Free State Shopping Center. He added he felt that there is not a great problem with parking and that there was not a need for a Residential Permit Parking District.
3. Rev. John Cooper, Sr., 12704 Midwood Lane, said he supported permit parking and felt the parking restrictions are in continuity with the parking restrictions that already exist in the neighborhood.
4. Mr. Howard Simons, 12725 Millstream Drive, President of the Belair Town Homeowners Association, said he has received many complaints because of speeding along Millstream Drive, parking along Midwood Lane, and said he supports the passage of Resolution R-8-02.
5. Ms. Ruth Davis, 12718 Millstream Drive, said she supports permit parking since traffic has also been a problem. She said many elderly residents were becoming fearful because of the actions of the students.
Councilman Ellington moved approval of Resolution R-2-02. Councilman Jenkins seconded the motion and it carried unanimously.
Councilman Jenkins moved approval of Resolution R-8-02. Councilman Brady seconded the motion and it carried unanimously.
C. Resolution R-10-02 - Adopting a Methodology for Evaluating the Impact of Traffic From New Development on the City's Residential Street System and Approving a Revision to the City's Development Review Guidelines - Planning Director Cronk summarized the staff report dated January 18, 2002, a copy of which is on file at City Hall. He reported that this item was reviewed at the January 14, 2002 worksession and it the outgrowth of a public hearing in Upper Marlboro were MNCPPC staff indicated they were precluded from analyzing City streets in terms of public facilities issues; Council directed staff to find a system that would be applicable for Bowie that could be used where a new development proposal would impact a local City street. He further reported that the consulting firm of Kimley-Horn, who has expertise in this field, has been hired. Mr. Cronk said the purpose is to analyze traffic on residential streets while maintaining the quality of life the City enjoys on those local streets; Level-of-Service "C" is being used for the minimum acceptable level since staff feels this is defensible: 1) the District Council recommended that Level "C" be used on Belair Drive when they heard the Science & Technology Center case; and 2) the Commission 2000 report which was adopted by the County Council recommends the use of Level "C" in the more rural portions of the County. He said the only other aspect that is different from the County process is that staff used average daily traffic opposed to rush-hour peak time periods; the concern was the quality of life on City streets all day long, not just at morning and evening rush hour. He concluded his report by recommending approval of Resolution R-10-02.
Councilman Brady asked for clarification of why the Park and Planning Commission is precluded from analyzing City streets. Mr. Cronk replied they indicated that since the County has no control over the maintenance of traffic, where a street is one-way or two-way, etc., they cannot dictate a solution on a City street. Mr. Brady then said he had asked that this issue be addressed in an ordinance rather than a resolution making it law. He said that after reading the City Charter on the adopting of ordinances, it seemed that a ordinance vs. a resolution was in order; felt there was a gray area between whether this is strictly a planning and zoning issue or whether it falls under items that can be regulated by the City; asked for clarification as to why it cannot be an ordinance. Mr. Cronk replied that staff is asking Council to adopt the resolution which would set City policy, then staff would research, through the City Attorney, whether it can come back to Council as a full ordinance.
City Attorney Levan said the resolution serves as a basis for City policy; it is important that the policy be established; if Council wants to convert the policy to an ordinance to use where the City can use the policy as a regulation, that can be done at a later date.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilman Jenkins moved approval of Resolution R-10-02. Mayor Pro Tem Peters seconded the motion and it carried unanimously.
D. Red Light Camera Locations - Mr. John Fitzwater, Assistant City Manager, summarized the staff report dated January 16, 2002, a copy of which is on file at City Hall. He reported that the City has worked with ACS to complete the analysis of potential intersections for the installation of red light cameras; out of 21 signalized intersections in the City, 10 were video validated for possible locations. He said, with regard to the contract with ACS, it has two elements of importance that enter into the decision as to where to locate potential cameras in the City; first, the contact indicates the video validation must who 35 or more violations a day and none of the City locations met this threshold; secondly, there is a provision that indicates that a minimum average of 100 citations per month per camera will be charged to the City even if the actual number of tickets is less than the 100; ACS has indicated that a video validation of approximately 22 violations a day is the approximate number of consider in order to obtain an average of 100 tickets per month. Mr. Fitzwater further reported that the three locations in the City that had the highest number of violations are all adjacent to each other: 1) Rte. 197 and Rte. 50 eastbound off-ramp traveling south bound on Rte. 197 with 26 violations; 2) Rte 197 at Kenhill Drive traveling southbound on Rte. 197 with 21 violations; and 3) Rte. 197 at Rte. 50 westbound off ramp traveling southbound on Rte. 197 with 19 violations. He said staff is not recommending that red light cameras be placed in such close proximity; recommending that one camera be installed at the intersection of Rte. 197 southbound at Kenhill Drive; Benjamin Tasker Middle School is located at this intersection and the 3 most frequent times red light running occurs at this intersection is in the morning between 8-9 a.m., at lunchtime between Noon and 1 p.m., and in the afternoon between 3-4 p.m.; the morning and afternoon times are when students are arriving and leaving the school; the second reason is that this intersection is the second worst number of red light runners validated with 21 violations in a 16 hour period. He reported that ACS estimates there will be an approximate 60% drop in red light runners once the cameras are installed, at approximately 75% of the photographs result in tickets being issues and the collection rate for these tickets range from 65-75%. Mr. Fitzwater added that staff recommends that keeping the$56,000 remaining that had been budgeted in the FY03 which would give staff the opportunity to evaluate the light at Rte. 197 and Kenhill Drive if it were installed; it would also give Council the flexibility to look at other locations should other locations warrant a camera; one additional site, which was not previously identified as a traffic light within the jurisdiction of the City at Rte. 214 and Jennings Mill Drive, is being currently evaluated to determine the feasibility of a camera at this location; if a camera appears justified, staff will bring this information back to Council before proceeding. He said the next step would be, if Council approves the Kenhill Drive and southbound Rte. 197 location, for ACS to prepare drawings and additional information to be submitted to the State Highway Administration for their review and approval.
Councilman Jenkins asked that the question be divided at the time of the motion to
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilman Brady moved approval of the staff recommendation for the installation of a red light camera at the intersection of Rte. 197 and Kenhill Drive. Mayor Pro Tem Peters seconded the motion and it carried with a vote of 5-1 (Jenkins).
Councilman Brady moved that the other two intersections be looked at and that the State Highway Administration be asked if they could be used as demonstration projects to look at the effectiveness of adjusting the timing of the lights. Councilman Jenkins seconded the motion and it carried unanimously.
E. Specific Design Plan #SDP-0110 - Shoppes at Bowie Town Center - Mr. Tom Haller, attorney for the applicant, oriented the Council to the location of the property and said that Parcels C and D were two of four peripheral sites around Simon's main retail core area that were created during the review of the Comprehensive Design Plan in 1999; a condition of approval was for each of the peripheral sites to be the subject of an SDP, resulting in the proposal before the BAPB at this time. He said the subject site will be connected to the main retail core area in three locations for vehicular access and pedestrian access; the proposal uses many of the same features that are found the main retail core area, including landscaping elements, lighting fixtures, signage and building architectural components. Mr. Haller concluded his report by saying that two stakeholders meetings had been held and had walked with residents at the site; they were in agreement with the staff conditions.
Rev. John Cooper, Sr., Vice Chairman of the Bowie Advisory Planning Board, reported that the Board had moved approval of the Specific Design Plan and that the County be reminded about the inadequate level of services for ambulance, fire and ladder services.
Mr. Frank Stevens, City Planning staff, summarized the staff report dated January 18, 2002, a copy of which is on file. He gave some background information and said The Shoppes are proposed on 9.7 acres site that is the back portion of land where the larger open main retain core area has been and continues to be constructed; this site must receive SDP approval for its detailed design and layout. He further reported that the Architectural Review Committee met on January 7, 2002 to review the proposal; it was the consensus of the ARC to recommend approval of the SDP for this proposal with conditions as contained on Page 3 of the staff report. Under the analysis portion of his report, Mr. Stevens spoke about Site and Building Data, Parking and Loading Spaces, Vacation of Old Evergreen Parkway Right-of-Way, Circulation and Access, Landscaping Plan, Lighting, Signage, Architecture and Building Materials, Street Furniture, Trash Area, Conformance with CDP, Public Facility Availability, Stormwater Management Concept Plan, and Woodland Conservation Plan. He concluded by recommending approval of Specific Design Plan #SDP-0110 with amended staff conditions as contained on Pages 14-17 of the staff report.
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 #SDP-0110 with the modifications to the staff recommended conditions as contained in the attached letter to the Chairman of the Prince George's County Planning Board. Councilman Brady seconded the motion and it carried unanimously.
COUNCIL COMMENTS:
A. Councilman Ellington asked staff to look at the sequences of the traffic signals at the Bowie Town Center on Northview Drive and Health Center Drive.
B. Councilman Ellington asked that a worksession be scheduled regarding right-of-way issues with Verizon, Comcast, BGE and complaints that have been received.
C. Councilman Ellington asked staff to get a list of City-sponsored teen activities.
ADJOURNMENT:
Councilman Jenkins moved to adjourn the meeting. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 11:25 p.m.
Respectfully submitted,
Pamela A. Fleming, CMC City Clerk