REGULAR CITY COUNCIL MEETING
MONDAY, NOVEMBER 4, 2002

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, November 4, 2002 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 Jenkins, Councilmembers Aleshire, Bannister, Bennett, Booker Jones, and Brady; City Manager Deutsch, Asst. City Manager Fitzwater, 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/DELETIONS/AMENDMENTS:

Mayor Robinson announced that the proposed sign at Bowie Town Center would be added to New Business as Item D.

CITIZEN PARTICIPATION:

A. Ms. Lisa Keller, member of the Old Town Bowie Revitalization Committee, asked Council to show continuing support of the revitalization project by approving the acquisition of the property needed for the expansion of the Railroad Museum.

B. Mr. Malcolm Doying, Chairman of the Old Town Bowie Revitalization Committee, thanked the current and former Councils for their support. He said they would like to make the work that is going on in Huntington complete by the expansion of the Railroad Museum; the growth of the Museum is pivotal to the growth of Old Town Bowie revitalization effort.

C. J. D. Larson, Commander of the Disney Bell 66 Post of the American Legion spoke about Veterans Day and extended an invitation to the City Council and the citizens of Bowie to join the veterans on November 11th at Bowie Veterans Park.

D. Mr. Russ Ideo, 16403, Pointer Ridge Drive, commended the City on the selection of
Joseph Meinert as the new Director of Planning and Economic Development.

PRESENTATIONS:

A. Proclamation P-23-02 - Observing Veterans' Day, November 11, 2002 - Councilman Brady read and moved approval of P-23-02. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

B. Proclamation P-24-02 - Congratulating the Bowie Hockey Club on Its Outstanding Season - Councilman Aleshire read and moved approval of P-24-02. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

CITY BOARDS AND COMMITTEES:

A. Mayor Robinson swore in Ms. Fiona Philip as a Member of the Civic Affairs Committee and Mr. Clinton Jones as a Member of the Financial Advisory Committee in accordance with Sec. 92A of the City Charter.

COUNCIL ANNOUNCEMENTS:

Mayor Robinson congratulated BRAVA and thanked the Prince George's County Executive for keeping a commitment to making a substantial contribution to the Performing Arts Center project. He also reminded everyone about November 11th and the many sacrifices that had been made by veterans. Mayor Robinson then encouraged everyone to vote on Election Day, November 5.

CITY MANAGER'S REPORT:

City Manager Deutsch reported that the leaf collection program began last week and the schedules have been published in the local papers and the program will be going on through the first week in December.

CONSENT AGENDA:

A. Councilman Brady moved approval of Consent Agenda Items A. Approval of Minutes of August 1, 2002 Council Meeting; B. Approval of Minutes of October 14, 2002 Special Meeting; C. Approval of Minutes of October 21, 2002 Council Meeting; D. Approval of Resolution R-85-02, Approving a Concept Plan for Creation of a Landscaped Median Within Portions of the Center Turn Lane of Maryland Route 197, Between Relocated Route 450 and Rustic Hill Drive; and E. Approval of Resolution R-86-02, Approving the Purchase of Real Property Located at 8606 Chestnut Avenue in Bowie, Maryland and Currently Owned by Francis and Edith Fladung. Councilman Aleshire seconded the motion and it carried unanimously.

Councilman Bannister asked that the Minutes of the August 1, 2002 Council meeting be amended to reflect additional comments he had made; the minutes will be brought back for approval at the next Council meeting.

NEW BUSINESS:

A. Specific Design Plan #0204 for Signage - Maryland Science and Technology Center
- Mr. Ramon Benitez, Development Manager, said there are three types of signage proposed: one for the R&D-type buildings that integrate the sign panels into the construction and architecture of the buildings; the second is a simple, vinyl sign that will be applied to the single-story office building, and replaces the sign bands that are indicated on the architecture for the R&D buildings located along Rte. 50 and Telser Drive; the third type of sign is park signage and have found a need for directional signs and will located at various locations. Mr. Benitez said there is also an over-all park entrance sign, which will be located at the entrance of Melford Boulevard and Belair Drive; the design is 3 segments of a masonry construction type surrounded by extensive landscaping. He said there should be a coordinated effort to find what works for the wall in terms of adding an emblem or seal and felt this would be appropriate.

Rev. John Cooper, Chairman of the Bowie Advisory Planning Board, reported that the Board voted unanimously in favor of the Specific Design Plan.

Ms. Cynthia Fenton, City Planning staff, summarized the staff report dated October 30, 2002, a copy of which is on file at City Hall. She reported that staff finds the signage package to be in conformance with the CDP with regard to type, location, size and design; in addition, the application meets Sec. 27-618(e) of the County Zoning Ordinance which prescribes the design standards for advertising, directional and real estate signs shall be determined by the Planning Board for each individual development at the time of the Specific Site Plan review. Ms. Fenton further reported that the applicant would need to obtain an easement from the City because the median sign is proposed to be located within a City right-of-way; a condition is attached to the report that City staff will approve color for the median sign prior to the proposal going before the County for final approval. She said that in addition, the applicant must submit a written agreement to the City indicating MIE's responsibility for the entrance landscaping maintenance; the plantings the applicant has proposed are primarily native species. Ms. Fenton added that staff finds the signage for the building and doors are appropriate in design, size and location; the applicant is also proposing a free-standing sign for the single-user signs and are proposed only be located at those buildings where there are single-user tenants and not at all 13 locations that are shown on the map. She said with regard to the directional signage, that it will be coordinated with the entrance feature and staff recommends that the locations of the proposed free-standing signage be limited only to those buildings anticipated to be single-user tenants; staff finds that the proposed SDP application complies with the purposes and regulations of the EIA zone; the City's annexation agreement and covenants do not specifically address signage, but subject to the recommended staff conditions, it meets the City's review guidelines for signage. Ms. Fenton concluded her report by stating that staff recommends approval of this application and that the City forward a recommendation to the County Planning Board for approval of SDP #0204 with the conditions as listed in the staff report.

Councilwoman Booker Jones asked if the recommendation in Condition #3 covers the City's recommendation with respect to the color of the brick that will be used in the last section. Ms. Fenton said it would and provided photographs of the signs that currently exist on the site; the provision will encompass any condition with respect to the option of assisting with the color of the brick and is for all the signage and not just the entrance features.

Councilman Brady asked about adding the inclusion of the City logo and noted it would be appropriate to place the name on either side of the entrance. Ms. Fenton replied that staff agrees with that recommendation. Mr. Brady then said he felt that an appropriate name for the park would be "Bowie Science & Technology Park". Ms. Fenton said it would be at Council's discretion to make this a condition.

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

Mayor Pro Tem Jenkins moved approval of Specific Design Plan #0204 for Signage with the conditions as stipulated in the staff report, and an additional condition for the placement of the City Seal on each wing wall and each end of the median wall. Councilman Aleshire seconded the motion.

Councilman Brady amended the motion to add a consideration that the name of the Center be reevaluated to change it to include "Bowie" in the name. Mayor Pro Tem Jenkins said he would like to keep this issue separate. Since there was no second to the amendment, it failed.

The original motion as made by Mayor Pro Tem Jenkins carried unanimously.

B. Preliminary Plan #4-02073 - Spring Meadows - Mr. William Knight, attorney for the
applicant, noted that the project is adjacent to City property but is not currently part of the City; it is located on the east side of Church Road south of MD Rte. 450. He said that primary access to the property was initially coming through Lakeford Lane to the south, but after the stakeholder's meeting, it was learned that the primary concern of the residents was that a second access point be provided; based on this, the applicant proceeded to obtain property that will allow the primary access point to be located on old Rte. 450. Mr. Knight reported that the homes will be upscale with a starting price of $400,000; the property contains approximately 33 acres; there are two existing houses on the property in the vicinity of Church Road and will be retained; the project will be before the City again at the Site Plan approval process. He concluded by saying that the proposed staff conditions are acceptable to the applicant.

Rev. John Cooper, Chairman of the Bowie Advisory Planning Board, reported that the Board voted unanimously in favor of the Preliminary Plan.

Ms. Cynthia Fenton, City Planning staff, summarized the staff report dated October 30, 2002, a copy of which is on file at City Hall. She reported that the overriding concern of the residents present at the stakeholder's meeting was the issue of access; the initial proposal did not have the access off Rte. 450 that is shown this evening; the applicant has submitted a revised Site Plan that shows the new access off Rte. 450. Ms. Fenton said the Preliminary Plan of subdivision may be approved if the County Planning Board finds that the cluster subdivision requirements are met, adequate public facilities exists or are proposed for the area within which the subdivision is located, a stormwater management concept plan has been approved, and the subdivision is designed in accordance with the provisions for woodland conservation and tree preservation. She explained how the applicant's Preliminary Plan met the requirements for cluster subdivisions, by proposing a site plan superior to what the applicant proposed under conventional subdivision requirements. Ms. Fenton said that staff finds that this site plan, with the recommended conditions, is superior to what would ordinarily be required or proposed in a traditional subdivision; the applicant is proposing 9.89 acres of open space which includes woodland conservation provided through a combination of tree preservation, reforestation, and aforestation.

Ms. Fenton further reported that most importantly, the applicant is providing primary access to Rte. 450 in conjunction with the clustering technique, which provides the opportunity for access while retaining enough lots to ensure the proposal's feasibility; sole access to the site would otherwise be solely provided via Lakeford Lane, which is only accessible through the Westview Subdivision; staff therefore, finds the combination of on-site woodland conservation, open space, amenities, and Rte. 450 access comprises a plan that is superior to what would otherwise be proposed through a conventional approach and the criterion has been met. She reported that the applicant has met the adequate public facilities requirements. With regard to traffic impacts, Ms. Fenton said the applicant has provided a letter to staff indicating the conclusions from the City street analysis that showed the impact to Lakeford Lane would be minimal since most of the traffic will be directed to Rte. 450; due to the relocation of Rte. 450 the impact to the intersection of Rte. 450 and Church Road is also anticipated to be minimal. She said that a resident has requested that the applicant close off access to Lakeford Lane until such time as construction is completed at the site; staff would agree to including this as a condition if Council so desires; there is an approved stormwater management concept plan and the woodland conservation and tree preservation requirements have been met. With regard to trails, she reported that a section of A-44 bisects the trail and A-44 is part of the City of Bowie's adopted Trails Master Plan which designated parts of A-44 right-of-way as a multi-use trail corridor; because it makes more sense to provide a trail along Lakeford Lane through the open space and connect to the various other parts of the residential area, the applicant has indicated they would consider a revised trails plan rather than just using the A-44 corridor as the sole trail network. Ms. Fenton then said that staff recommends that sidewalks be provided only on one side of Lakeford Court and all sides of other streets that contain lots without direct access to the trail system; the sidewalks would connect to the Westview Subdivision and will only have sidewalks on one side of the street as will be the case in Spring Meadows. Ms. Fenton then said the applicant has stated their intent to comply with the Wildlife Habitat Guidelines because a large portion of the existing woodland, including the parcel proposed for acquisition, will remain undisturbed, there will be adequate preserved land for the existing wildlife; in addition, staff is recommending a condition to add a note to the General Notes stipulating that any adverse impact to wildlife be minimized through appropriate grading techniques. She said that based on this analysis, staff finds that the application, with conditions, meets the require-ments for cluster subdivision approval and is superior to be what could be achieved through conventional standards; staff recommends Preliminary Plan 4-02072 be approved to the conditions listed on page 8 of the staff report.

Rev. John S. Cooper, Sr., Chairman of the Bowie Advisory Planning Board, reported that the Board voted unanimously for approval of the Preliminary Plan.

Public Hearing:

Mr. Fred Bauer, 5408 Lakeford Lane, said he was concerned about construction traffic through the Westview Subdivision and asked that some mechanism be put in place to restrict the traffic. He also said he was concerned about the street naming and would prefer names different to what exist. He is in support of the trail extension into Westview.

Mayor Pro Tem Jenkins moved approval of Preliminary Plan #4-02072 to include the staff conditions listed on page 8 of the staff report, and additional conditions requiring access to Rte. 450 and reinforcing Condition #4 concerning the fencing to contain wildlife; addition of a consideration that the school funds that will be contributed by the applicant under CB-40 be directed to the directly impacted schools; addition of a consideration asking the applicant to reconsider the naming of the streets to avoid confusion with the Westview Subdivision. Councilwoman Booker Jones seconded the motion.

Councilwoman Bennett asked for an additional condition that all construction would enter and exit through the Rte. 450 access point. Councilmembers Jenkins and Booker Jones concurred. In response to a question posed by Councilman Brady, Mayor Pro Tem Jenkins said he agreed with making school capacity at 100% instead of 105%; and the consideration by staff that the applicant work to explore making the Rte. 450 entrance a divided entrance with a gateway.

The motion to approve Preliminary Plan #4-02072 with the stated conditions and considerations carried unanimously.

C. Preliminary Plan #4-02063 - Collingbrook - Mr. Norman Rivera, attorney for the applicant, reported that this item was originally scheduled to be heard by the County Planning Board on November 14, but was rescheduled to November 21. He oriented the Council to the site; the proposal is on 235 acres of R-E zoned land, the average lot size is 42,000 sq. ft. and is an estate-type character. Mr. Rivera reported that the entrance will be a divided entrance; park land has been over dedicated at about 18 ½ acres; the property had previously been used as a tire dump and a large portion of the site is covered by tires; the applicant is working with the Department of Natural Resources to remove all the tires and use some of them for berming to create a noise barrier. He said the applicant is willing to work with the City so that all fees will be directed to City areas; there is also an APF issue in terms of EMS and the applicant agrees to submit a fee for the creation of the new EMS facility. Mr. Rivera said they will make improvements to their half of Church Road and are proposing two traffic signals at the Woodmore/Church Road and Mount Oak/Church Road intersections; a wildlife report has been submitted and the grading will be phased from west to east and temporary snow fencing will be erected along Church Road. With regard to the staff conditions, Mr. Rivera said that they want to propose a clarification to Condition #2 that it be subject to County Public Works since it is a County road and they cannot unilaterally place signals on this road; secondly, they propose that if they get permission to do the signals, no pro-rata share be paid above and beyond what is already being paid. In Condition #3, he said if they are now allowed to put in the signals, then a pro-rata fee will be paid as provided by the County; Condition 7 - they are proposing a series of berms and landscaping treatments that will mitigate the noise impact from Rte. 50; asked that the Conrail Railroad tracks be eliminated because there are not that many trains that would reach the noise level standard; Condition 8 - the lot sizing remain as proposed; Condition 10 - this condition be deleted as the County will not reserve and the lot size averaging does not work.

Rev. John S. Cooper, Sr., Chairman of the Bowie Advisory Planning Board, reported the Board conducted an extensive hearing on this property. He said he agreed with staff's recommendation regarding the noise level since Conrail could change the schedule at any time and more trains could be added at any given time. The Board was also concerned about the PT-1 alignment; the Board recommended approval with the staff conditions.

Ms. Lori Shirley, City Planning staff, summarized the staff report dated October 30, 2002, a copy of which is on file at City Hall. She reported that staff reviewed the proposal in light of the County's criteria for subdivision proposals and noted that there are a number of concerns related to adequate public facilities for schools, transportation, emergency medical services and response times; the applicant environmental consultant has submitted a report and staff is still in the process of reviewing it. Ms. Shirley noted there is recent County legislation that will require notification to future homebuyers as to disclosure of the nearby airport. In relation to the recommended staff conditions, she reported as follows: Condition #7 - staff looked at a previously built subdivision, Woodmore Estates, and found the rating system used by the Park and Planning Commission for building material types - doors, windows, insulation, and thickness of walls - are rated and with the higher construction standards, they are attempting to reduce the decibel levels inside the residence to levels not to exceed 45 decibels. She further noted that the Conrail trains are not only a noise concern, but a vibration concern as well, which would cause cracks and defects; Condition #8, this is part of the Development Review Guidelines and lots in relation to an adjacent, undeveloped property, with the same zoning classification, should be compatible in lot sizes for perception purposes; staff would concede that if the lot size average could not be achieved, the condition could be deleted since it is a guideline and not a County requirement; Condition #10 - staff believes it is important that this area be considered for reservation during the next Master Plan update.

Ms. Shirley then pointed out that the figure for the construction of EMS facility shown on Page 8 of the staff report is incorrect and should read $2.6 million dollars; once the formula is used with the right construction cost number, the cost per unit contribution by the developer would be lower than what is reflected in the report. She said that Condition #10 has been added by staff since the BAPB hearing; staff recommends approval of Preliminary Plan #4-02063 subject to the 10 conditions shown on Page 11 and 12 of the staff report; in relation to Mr. Rivera's revised Conditions #2 and 3 for the installation for the traffic signals in relation to APF transportation, staff is comfortable with the conditions as written, however, believe that in the event that DPWT determines if Condition #2 cannot be achieved then, staff would support Condition #3 being implemented.

Public Hearing:

Mr. Richard Schroder, 1305 Port Echo Lane, said he had no objection to the development but his concerns are limited to the issue of adequate public facilities, specifically schools, fire and rescue and public roads. He also expressed concern that when a developer contributes a major amount of money, there is no guarantee that the money ends up in the community.

Mr. Russ Ideo, 16403 Pointer Ridge Drive, President of the Citizens Association of South Bowie, said the Association does not object to the development. Their main concern is adequate public facilities in terms of roads, fire, police and EMS.

Councilwoman Booker Jones moved to accept the staff recommendation subject to Conditions 1-10, with amendments to Condition #5: the developer needs to be in full compliance with EWHAG requirements and staff work with the developer; add Condition #11 to add language that the developer, with respect to the health and safety concerns of the potential residents, 100 homes will be phased based on one access point; once 100 homes have been constructed, before the next phase can commence, the developer must set forth evidence that there is a second access point.

Mayor Pro Tem Jenkins asked that construction of temporary snow fencing along Church Road be included in the motion.

Councilwoman Bennett seconded the motion.

Councilman Aleshire asked the motion be amended so that the word "berm" be added as a requirement in Condition #7. Since there was no second, the motion to amend failed.

Mayor Pro Tem Jenkins said that he is going to vote in opposition to the motion. He said this is a Preliminary Plan and this is the time to express concerns of the project; the concerns are access, adequate public facilities in terms of police, fire, emergency medical services, compliance with wildlife guidelines and unanswered transportation issues. He said if concerns are address by conditions, considerations, funding in lieu of provisions, and litigation, all of which can be dropped at the County Planning Board level, the City is fooling itself; unless the concerns are addressed at the Preliminary Plan stage, an opportunity is being missed to address them.

Councilman Brady moved to amend the motion to change the school capacity from 105% to 100%. Councilwoman Booker Jones seconded the motion and it carried unanimously.

The motion to approve Preliminary Plan #4-02063, Collingbrook carried with a vote of 4-3 (Jenkins, Aleshire, Bannister).

ADJOURNMENT:

Mayor Pro Tem Jenkins moved to adjourn the meeting into an Executive Session for the purpose of discussing legal and personnel matters with counsel. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 11:45 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk