REGULAR CITY COUNCIL MEETING

MONDAY, JULY 7, 2003

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Monday, July 7, 2003 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, Councilmembers Aleshire, Bannister, Bennett, Booker Jones, Brady, 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. George Buss, 12640 Millstream Drive, spoke about terrorism and its effects on the community.

CITY BOARDS AND COMMITTEES:

A. Appointments/Reappointments/Swearings-in – Councilman Bannister moved the reappointment of Dan Podoley, Richard Baer, and Frank Rose as members of the Public Safety Committee. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

Councilman Bannister moved to reappointment of Bridget Kopetsky, Norma Martoff, and Bernie Nolan as members of the Education Committee. Councilman Brady seconded the motion and it carried unanimously.

Councilwoman Bennett moved the reappointment of Robert Hunter, Lynn Hancsak, and Dorothy Campbell as regular members, and Bliss Cummings and Carol Cousins as alternate members of the Administrative Review Board. Councilman Aleshire seconded the motion and it carried unanimously.

Councilwoman Booker Jones moved the reappointment of Harlan Tucker, Donna McCorkle, Marie Perez, Charlie Jacobs, Reggie Derrickson, as regular members and Carl Richards as an associate member of the Community Recreation Committee. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

Mayor Pro Tem Jenkins moved the reappointment of Dola Marsden, Mary Ellen Winlund, Diedre Evans, Claudio Poiani as regular members, and Tom Kerley as an associate member of the Civic Affairs Committee. Councilman Brady seconded the motion and it carried unanimously.

Mayor Pro Tem Jenkins moved the reappointment of Dufour Woolfley and Jose Boluda as members of the Financial Advisory Committee. Councilwoman Bennett seconded the motion and it carried unanimously.

Councilman Brady moved the reappointment of Kathleen Parker, Margaret Suddeth and Barbara Wright as members of the Bowie Arts Committee, and the appointment of John Malloy for a two year term. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

Councilman Aleshire moved the reappointment of Corinne Shulimson, Beth Lingg, Anne Smallman as regular members and Susan Pearl as an associate member of the Bowie Heritage Committee. Councilman Brady seconded the motion and it carried unanimously.

Councilman Aleshire moved the reappointment of B.A. Akinlosuto, Deborah Swope and Diane Polangin as members of the Community Outreach Committee. Councilwoman Bennett seconded the motion and it carried unanimously.

Mayor Robinson moved the reappointment of Rev. John Cooper, Jarnot Troyer, Ray Loftin, Joan Griffith and Lonnie Stith as members of the Bowie Advisory Planning Board. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

Mayor Robinson moved the reappointment of David Cromer as a member of the Personnel Appeals Board. Mayor Pro Tem Jenkins seconded the motion and it carried unimously.

Mayor Robinson moved the reappointment of Renee Winsky, Benjamin Woolery, and Lisa Ransom Brown as members of the Ethics Commission. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

Mayor Robinson moved the reappointment of Tom Sykes and Jessie Smith as members of the Beautification and Tree Preservation Committee. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

Mayor Robinson moved the reappointment of Ralph Grutzmacher and Raymond Blummer as members of the Cable Regulations Committee. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

Mayor Robinson swore John Malloy into office in accordance with Sec. 92A of the Charter.

COUNCIL ANNOUNCEMENTS:

Mayor Robinson thanked all those involved in the Independence Day celebration for a job well done.

CITY MANAGER’S REPORT:

City Manager David Deutsch reported: 1) The City received a check for $119,519 from FEMA for reimbursement for 74% of eligible expenses for the blizzard that occurred this past February. 2) The pedestrian bridge over Rte. 197 was opened to traffic last Thursday following corrections of paving by the contractor; dedication will be scheduled shortly. 3) The permit for the demolition of the property on Ardleigh Court has been obtained and the demolition is expected to begin in a couple of days; the same contractor will be doing the work on the burned out house on Pennypacker Lane. 4a) On June 28, a shooting occurred in the Covington neighborhood; the victim survived and was hospitalized; a meeting was held in the community attended by Capt. Gay who advised the community of efforts that have been initiated; the community is interested in initiating a Neighborhood Watch Program; staff and the police will assist to move this project forward. b) On Saturday night, there was a fatal stabbing on New Oak Lane; staff will continue to stay in contact with police to provide assistance to facilitate getting information to the neighborhood.

CONSENT AGENDA:

Mayor Pro Tem Jenkins moved approval of Consent Agenda Item A: Approval of Minutes of May 5, 2003 Council Meeting; B. Approval of Minutes of June 2, 2003 Council Meeting; C. Approval of Resolution R-64-03, Waiving Bidding Requirements and Allowing for the Purchase of One (1) Sewer Rodding Truck Under the General Services Administration; D. Approval of Resolution R-65-03, Endorsing the Effort of the Metropolitan Washington Council of Governments to Encourage the United States Congress to Enact the “National Capital Region Mutual Aid Authorization Act” as Promptly as Possible; E. Approval of Resolution R-66-03, Authorizing the City Manager to Execute a Property Deed for the Conveyance of Parcel 1 in the Bowie Town Center; and F. Approval of Resolution R-67-03, Waiving the Competitive Bidding Requirements of Section 61 “Purchasing and Contracting” of the Charter of the City of Bowie to Allow the Rental of Leaf Collection Trucks, and Authorizing the City Manager to Enter Into a Contract With Hertz Equipment Rental in the Amount of $43,242. Councilman Brady seconded the motion and it carried unanimously.

NEW BUSINESS:

A. Preliminary Plan #4-03046 – Mitchellville Montessori School – Councilman Aleshire reported there are concerns in the community regarding parking and traffic; the Park and Planning Commission is requesting a 70 day extensive review so all parties can determine how to resolve the issues. He moved that Preliminary Plan #4-03046 be tabled to a future meeting so Park and Planning can complete the review. Mayor Pro Tem Jenkins seconded the motion and it carried unanimously.

B. Preliminary Plan #4-03020 – Longleaf – Mr. William Shipp, attorney for the applicant, said this project is part of the original Longleaf subdivision off Governor’s Bridge Road, although it is separated from the original subdivision. He said the property is approximately 52 acres in size, the proposal is for 14 single-family lots, which are large and range from anywhere to an acre to over 7 acres; there will be one entrance off Governor’s Bridge Road, extensive screening and on-lot vegetation, and substantial open space; all woodland conservation is done on site, and wetlands and streams have been preserved. Mr. Shipp said that over 5 acres would be dedicated to the Park and Planning Commission, which is the portion of the property closest to the Patuxent River. He referred to the staff conditions contained in the staff report and said that they endorse those conditions, but would like clarification on Condition #2 concerning a request for a per lot payment for road improvements related to improvements to the Rte. 301 Corridor between Rte. 197 and Rte. 50; Park and Planning staff informed them that the improvements were complete, that the levels of services are acceptable and they would not be assessing a fee.

Rev. John Cooper, Chairman of the Bowie Advisory Planning Board, referred to the BAPB’s report and reported that they approved the staff recommendation with several modifications; there was great concern for Adequate Public Facilities, how much is collected and where the money is going, and the fact that children living in $800,000 + homes are attending school in a trailer.

Mr. Frank Stevens, City Planning staff, said the application was reviewed in accordance with the Subdivision Ordinance for Preliminary Subdivision; there are 3 criteria that have to be met for approval: 1) Adequate Public Facilities are either programmed or exist to include water and sewer, police and fire rescue facilities, school facilities and traffic impacts; 2) Stormwater Concept Plan which have been met; and 3) Woodland Conservation and Tree Preservation provisions which have been met, there is no fee in lieu, and no off-site tree mitigation. Mr. Stevens said this proposal meets the intent and purpose of the Master Plan for Community X, it meets the character that is envisioned by the Master Plan for this area, and since the findings for approval of a Preliminary Plan have been met, staff recommends approval with the conditions stated in the staff report on Page 8.

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

In response to questions posed by Councilmembers, Mr. Shipp said they would welcome looking at language concerning the City’s Wildlife Guidelines; they are amenable to locating some signage with regard to concerns about the rural aspects of Governor’s Bridge Road; the cul-de-sac is pushed as far back into the site as possible while maintaining the minimum lot size allowable under the Ordinance and not pushing it back into wetlands; will look at a limited HOA for the monumental entrance or some kind of protection which would be part of a record plat.

Councilwoman Booker Jones moved to accept the staff recommendation of approval with the following conditions: Condition 2 shall be modified so that the following language be added to the first sentence: “….., if required by Park and Planning; additional Condition #9 “The developer shall present a documented method or instrument to insure that there is adequate maintenance of the monumental entrance including year-round landscaping issues; additional Condition #10, “The applicant agrees to comply with all conditions of the City’s Wildlife Guidelines including clearing in a northwesterly direction and appropriate fencing along Governor’s Bridge Road to prohibit the migration of wildlife across the roadway.” Councilman Aleshire seconded the motion.

Councilman Brady said he would vote against the motion, not because it is not a good product or an asset to the community, but feels that the developer should be challenged to go back and look at the issue of the cul-de-sac.

Mayor Pro Tem Jenkins said he liked the proposal in terms of the large lots, the quality of the development and the preservation of a large buffering of the Patuxent River area. He said he would vote in favor if the applicant can solve one problem: the poor design of the 3 flag lots. He felt that if there was a fire in any of the 3 houses, he would challenge the Volunteer Fire Dept. to try to get to those houses; the cul-de-sac should be extended and do away with the extraordinarily long private roadway.

City Attorney Levan said there is a motion on the floor and Council should proceed before receiving any comments from the applicant. However, he said the Chair has the discretion to ask the applicant to comment on Mr. Jenkins’ comments.

Mr. Shipp said the they could go back to the drawing board, but Park and Planning has indicated they do not want the cul-de-sac extended; ultimately Park and Planning will make the decision; because of the environmental features and extensive preservation of woodland, there are nice wooded lots off long driveways which are not unusual, and in the market place, are attractive lots.

In response to a question posed by Mayor Robinson, City Attorney Levan said that instead of adding language to the conditions regarding redesigning the cul-de-sac that it be sent as a consideration.

Councilwoman Booker Jones then amended the motion to add Condition #11 to read: “Prior to the submission to the MNCPPC, the applicant shall provide an alternative plan which would eliminate the flag lots currently in the design and to provide a direct driveway for Lots 7, 8 and 9.” Councilman Aleshire accepted the amendment and the motion carried with a vote of 5-2 (Brady, Jenkins).

C. Specific Design Plan #SDP-9711 – Chipotle at Bowie Town Center – Mr. William Shipp, attorney for the applicant, said the application is for a review of the architecture, site landscaping and layout for the restaurant pad itself; it is part of the Bowie Town Center that received approval of the Specific Design Plan that handled all questions of parking layout, stormwater management, grading and technical land development issues normally involved with a site plan and not required with this application. Mr. Shipp said Chipotle’s is a national chain, however, this restaurant has been specifically designed for the Bowie Town Center. He summarized the architecture, materials, inside and outside seating, screening wall, lighting, and landscaping. With regard to handicapped parking spaces, Mr. Shipp said there are sufficient handicapped spaces throughout the Town Center to accommodate this square footage. He said there are four handicapped spaces leading to the dedicated walkway; they had been concerned about adding the four spaces suggested by staff because they will lose two regular spaces overall; because of the importance of the issue, the applicant has agreed to the staff recommendation. He said the applicant is in agreement with all of the conditions contained in the staff report.

Rev. John Cooper, Chairman of the Bowie Advisory Planning Board, reported that the Board voiced concern about safety in the courtyard area and hoped the Simon Group will come up with a resolution. The Board was in favor of the project.

Mr. Frank Stevens, City Planning staff, summarized the staff report dated July 3, 2003, a copy of which is on file at City Hall. He said the Specific Design Plan was reviewed for compliance with Section 27-528 of the County Zoning Ordinance that sets forth certain findings that have to be made prior to approving an SDP. He reported that the findings have been satisfied and staff recommends approval with the conditions noted on Pages 10 and 11 of the staff report. Mr. Stevens also recommends adding a new Condition 7c be added to incorporate language regarding prohibition of flags and banners.

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

Councilwoman Booker Jones moved to accept the staff recommendation of approval with the 9 conditions contained on Pages 10 and 11 of the staff report, and adding Condition 7c regarding prohibition of flags and banners, and with respect to the issue of lighting raised by Mayor Pro Tem Jenkins, Ms. Booker Jones asked him to provide the language.

Mayor Pro Tem Jenkins amended Condition 6b to read: “Building-mounted, down-lit security lighting shall be provided on the eastern and southern elevation of the restaurant.” Councilman Brady seconded the motion and it carried unanimously.

COUNCIL ANNOUNCEMENTS:

A. Councilman Aleshire invited the Council and public to a press briefing on July 15 at 10 a.m. at the County Administration Building; Councilman Peters is introducing a resolution dealing with the court martial of Chaplain Henry Plummer in 1894 and to review his reappointment as a Chaplain.

B. Councilman Brady thanked the Council for their assistance at the recent Maryland Municipal League conference in his effort to get re-elected to the MML Board. He then asked if staff could be directed to request an evaluation from the Simon Group and the State Highway Administration for Evergreen Parkway to determine if it meets the warrants for signalization. Council concurred.

C. Mayor Pro Tem Jenkins referred to the new Rte. 197 pedestrian bridge and said he had expressed concerns about the potential bleeding of the bridge onto the brickwork. He said he wanted to extend that concern to the bleeding of the rust colored paint onto cars sitting underneath the bridge waiting for the light to change during a rainstorm. He noted that the bridge that exists on Rte. 197 near the Rockledge subdivision has severely discolored the pavement beneath it. Mr. Jenkins asked that solutions be looked at and City Manager Deutsch said the staff would report back to Council shortly.

ADJOURNMENT:

Mayor Pro Tem Jenkins moved that the meeting be adjourned. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 10:30 p.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk