REGULAR CITY COUNCIL MEETING
TUESDAY, JULY 6, 2004

CALL MEETING TO ORDER:

The Regular Meeting of the Bowie City Council was held on Tuesday, July 6, 2004 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, Bennett, Booker Jones, Brady and Jenkins; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Karen Ruff, Members of the Staff, the Press and the Public. Councilman Lyles was detained and arrived later in the meeting.

PLEDGE OF ALLEGIANCE TO THE FLAG:

The Council led the Pledge of Allegiance to the Flag.

AGENDA ADDITIONS/DELETIONS/AMENDMENTS:

Mayor Robinson announced that Item B, Resolution R-40-04, under Consent Agenda is moved to New Business, Item E.

PRESENTATIONS:

Teacher of the Month Recognition – Ms. Marlene Tennier, Bowie Education Committee, announced the selection of Ms. Linda Towles of Grace Christian School as the Teacher of the Month for May. Mayor Robinson presented Ms. Towles with a Certificate of Recognition from the City Council as well as a Savings Bond courtesy of the Washington Savings Bank.

Ms. Tennier then announced the selection of Ms. Kristin Holt of Tulip Grove Elementary School as the Teacher of the Month for June. Mayor Robinison presented Ms. Holt with a Certificate of Recognition from the City Council as well as a Savings Bond courtesy of Washington Savings Bank.

CITY BOARDS AND COMMITTEES:

A. Appointment of Diversity Committee Member – Mayor Robinson moved the appointment of Stephen Irving. Councilman Brady seconded the motion and it carried unanimously. Mayor Robinson then swore Mr. Irving into office in accordance with Section 92A of the City Charter.

B. Reappointment of City Committee, Board and Commission Members –

1. Mayor Robinson moved the reappointment of Terry Nuriddin, Ronald Skotz and Terry Rogers as members of the Bowie Advisory Planning Board. Councilman Brady seconded the motion and it carried 6-0.

2. Mayor Robinson moved the reappointment of Seymour Alloy, Richard Hyman and John Coughlin to the Board of Personnel Appeals. Mayor Pro Tem Jenkins seconded the motion and it carried 6-0.

3. Councilman Aleshire moved the reappointment of Karen Koch, David Terry, and Susan Stephenson as members of the Heritage Committee. Councilman Brady seconded the motion and it carried 6-0.

4. Councilman Aleshire moved the reappointment of Dale Grant and Kevin Conroy as Members of the Community Outreach Committee. Councilwoman Booker Jones seconded the motion and it carried 6-0.

5. Councilwoman Booker Jones moved the reappointment of Dan Abeyta and Bill Cartney as Members of the Community Recreation Committee. Councilman Brady seconded the motion and it carried 6-0.

6. Mayor Pro Tem Jenkins moved the reappointment of Monica Roebuck as a Member of the Civic Affairs Committee. Councilwoman Bennett seconded the motion and it carried 6-0.

7. Mayor Pro Tem Jenkins moved the reappointment of Jim McFadden, Clinton Jones, and Brendan Bohan as Members of the Financial Advisory Committee. Councilman Brady seconded the motion and it carried 6-0.

8. Mayor Robinson moved the reappointment of Alan Kolski, Hugene Fields, Pat Dolan, and Joyce Halper as Members of the Education Committee. Mayor Pro Tem Jenkins seconded the motion and it carried 6-0.

9. Councilman Brady moved the reappointment of John Cleaver, Ken Wenzel, Frank Figlozi, Jim Puckett, Rick Stupart, Russ Shields, Charles Chukwuma, Bob Kaczanowski, and Mary Ellen Wildman as Members of the Information Technology Committee. Councilman Aleshire seconded the motion and it carried 6-0.

10. Councilwoman Bennett moved the reappointment of William Boyer and William Schmitt as Members of the Administrative Review Board. Councilman Brady seconded the motion and it carried 6-0.

11. Councilwoman Bennett moved the reappointment of Ed Leyden, Joe Bracone, Alan Coppola, Boyd Campbell, Art Eisenstein, Al Golato, Ruth David, Mike Doaks, Dick Arnold, Stanley Rodenhauser, Sherman Ragland, Joan Pitkin, Maitland Dade, and Lisa Ransom as Members of the Economic Development Committee. Councilman Brady seconded the motion and it carried 6-0.

COUNCIL ANNOUNCEMENTS:

1. Mayor Robinson thanked City staff and the many volunteers for a job well done in making the 4th of July Celebration a success.

2. Mayor Robinson announced that Mayor Pro Tem Jenkins had been inducted into the Maryland Municipal League Hall of Fame, which is for those elected officials who have served for 20 years or more. He congratulated Mr. Jenkins on behalf of the City Council. Mayor Robinson also announced that Councilman Brady had been re-elected to the Maryland Municipal League Board of Directors at the recent MML convention and congratulated him on behalf of the Council.

3. Mayor Robinson announced that Council met in Executive Session on June 22, 2004, to discuss a personnel matter.

4. Councilman Aleshire announced that the City Gymnasium is hosting an orientation for the Senior Olympics on Thursday, July 8 at 10 a.m.; all those who are 55 years and older are welcome to attend.

CONSENT AGENDA:

Councilman Brady moved the approval of Items A. Approval of Minutes of May 17, 2004 Council Meeting; C. Approval of Resolution R-41-04, Waiving the Advertising Requirements of the Charter and Authorizing Equipment For an Upgrade to the Recreation Management System; and D. Approval of Resolution R-42-04, Waiving the Advertising Requirements of the Charter and Authorizing the Purchase of Personal Computers and Servers. Councilman Aleshire seconded the motion and it carried 6-0.

Councilman Lyles arrived at this point.

NEW BUSINESS:

A. Parks and Grounds Building – Mr. Paul Clarke, Clarke Associates, provided an update of the plans and oriented the Council to where the proposed building will be located; the existing entrance and exit remain where they are currently located; 40 parking spaces will be provided in front of the building; 25 parking spaces will be provided for trucks with a fuel island nearby; the building will be 2 stories high and will have a partial green roof. Mr. Clarke pointed out where the offices, tool storage, service bays, the elevator, etc. are located; the second floor will be devoted primarily to staff and more storage areas. He also spoke about window areas and lighting.

City Manager David Deutsch answered several questions and announced that the City is planning to go out to bid on this project in 5-6 months.

B. Preliminary Plan #4-04043 – Twelve Tall Oaks Subdivision – Mr. Russ Warfel, attorney for the applicant, oriented Council to the site and said it is a portion of the A-44 right-of-way, 15 lots are proposed on 11.4 acres, and houses will be only on one side of the street. He said that the applicant agrees with the City staff report and the conditions contained therein; they meet all the Adequate Public Facility standards and a traffic study indicated that volume standards are met for Pin Oak Parkway and Peppertree Drive; there will be a 20-30 foot wide landscaped area on the Tall Oaks side which would entail a fencing scheme and proposed plantings within the Tall Oaks community, as well as plantings along the fence to give a good landscape screen between the Tall Oaks and Twelve Tall Oaks Subdivisions.

Mr. Joseph Meinert, City Planning staff, summarized the staff report dated June 30, 2004, a copy of which is on file at City Hall. He reported that the Bowie Advisory Planning Board (BAPB) met and focused on issues dealing with stormwater management, trees retention on the property as well as concerns about possible construction traffic within the development of Tall Oaks Crossing; a letter from a resident, Mr. Charles Parker, is included in the report and is in opposition to the development; testimony was also received from Clyde Boykins of Twelve Oaks who was in general agreement with the proposal; Ms. Deborah Stafford, Twelve Oaks HOA board member, pointed out the #1 issue for their community was drainage. Mr. Meinert reported that the BAPB voted 4-2 in favor of the staff recommendation of approval with conditions, and pointed out their concern with the adequate school situation and would like the City to forward the standard language to the County indicating something should be done to resolve the situation.

With regard to the staff report, Mr. Meinert reported that staff finds that the project meets all of the standards for approval, including some of the City’s own standards for traffic. He said that staff recommends that the plan be approved with the condition that the final stormwater concept be worked out prior to actual signature of the Preliminary Plan so that the applicant cannot go further until it is determined one way or other where stormwater would be located. Mr. Meinert spoke about woodland conservation and said that because of the long, linear nature of the property, any tree retention areas that are remaining after the building sites are cleared would not qualify under Park and Planning’s definition for a retention area; nevertheless, staff would like a condition that would require the applicant selectively clear the site in order to preserve its habitat value; this area is designated as a Green Way Corridor and a Green Infrastructure Plan for the City and staff would encourage the applicant to do as much tree conservation on the property as possible even beyond the requirements of Park and Planning. He said staff is recommending the applicant look at a portion of the adjacent city-owned Church Road park property or the Hohensee property for future aforestation. He concluded his report and said that staff is recommending approval with 7 conditions as detailed on Pages 6 of the staff report. He further said that staff recommends the City’s position letter to the Planning Board reference the unacceptable school capacity situation in this area and recommend the County take whatever measures necessary to resolve the problem.

Public Hearing:

1. Mr. John Neville, 14811 Peppertree Drive, said Tall Oaks Crossing has had an inordinate number of drainage problems through the years; he has replaced his sump pump multiple times, has had a wet basement on numerous occasions and had to retrofit his property with a swale to improve the drainage pattern coming away from his property. He said he would like to ask Council to direct staff to be ever vigilant in monitoring the progress of the drainage patterns that are developed so as not to exacerbate the current drainage problems of Tall Oaks Crossing.

2. Mr. Clyde Boykins, 14520 Dolbrook Lane, said he has met with the developer and felt the meetings were productive, but the main issue of “not in my back yard” still resides in the minds of many of the residents; in reality, they know the developer has the right to build if he goes through the approval process, but there are the issues of buffering and fencing that still remain. He said that the residents would like to see the trees planted on the Hopkins property to keep the greenery in the area; would also like staff to look to see if this development would cause drainage problems.

Councilman Lyles moved for approval of Preliminary Plan #4-04043 with 8 conditions. Councilman Brady seconded the motion.

Councilman Aleshire raised a question concerning Condition #4 and the fee-in-lieu. City Attorney Levan suggested that Condition #4 could be modified to indicate that the fee-in-lieu shall be provided and consideration should be given to applying the funds collected to compensate the City for the use of City facilities. Councilman Lyles accepted the amendments.

Councilman Brady suggested there be a Condition #9 where a review of the placement and style of fence would be included in the Limited Detailed Site Plan. The maker and seconder of the motion accepted making this a separate condition.

Following discussion about monitoring the drainage issues, City Manager Deutsch said that during construction the City and the County will be involved; the City has post-construction responsibility to enforce its stormwater management ordinance which relates to water quality and quantity; that does not mean the City assumes responsibility for impacts on individual properties that maybe suffering a specific problem that may occur within a year or two, or even twenty years after construction; the City will bring DER in if there is a grading issue.

The motion to approve Preliminary Plan #4-04043 with 9 conditions carried unanimously.

B. Detailed Site Plan #04025 – The Delight at Fairwood – Mr. Ed Gibbs, attorney for the applicant, displayed a drawing that depicted the entire 1059 acres of Fairwood with substantial frontages on U.S. Rte. 50, MD Rte. 450 and Church Road; the property was rezoned in 1994 to M-X-C and with the rezoning the property was permitted a residential density of 1,799 dwelling units of all types; the overall maximum density is 2.0 per acre. He also reported that the rezoning approval also authorized the development of 350,000 sq. ft. of non-residential uses, which would consist of a 1000 sq. ft. retail center and 250,000 sq. ft. of other institutional community uses and other non-residential uses. Mr. Gibbs said this is the second portion of the development and he oriented Council to its location on the plan and displayed some of the elevations for the residential units. He then referred to the conditions noted in the staff report: Condition #1 – having difficulty in relocating building closer to the street and moving the parking area behind the building because of a topographic drop-off; this will make the parking area at a substantially lower elevation than the building; Condition #2 – staff is concerned that when turning into the site, a sharp left would have to be made to get into the parking lot; the applicant is limited because of the topography to where the building can be located; don’t believe the level of traffic will provide a queuing problem since traffic will be turning into the driveway to get to the front of the building; Condition #3 – have amended the site to provide some directional arrows and parking space striping within the compound; Condition #4 – felt the concerns were a misconception based upon review of the plan with regard to the 3 buildings and there is confusion because there are no service areas beneath the buildings; Condition #5 – there are 7 surplus parking spaces and did not believe the use of green pavers was necessary; Condition #6 – agree to amend; Condition #7 – to have a light reflective roofing that would either have to be white or pastel does not fit with the architectural character of Fairwood and dark roofing is in keeping with the traditional style of architecture which is employed throughout the development; asked that they not be asked to comply with this condition; Condition #8 – the ordinance provision in question states six or eight attached Coach and/or Villa units; Park and Planning Commission staff support the proposed eight so the applicant would like to keep the eight; Condition #9 – agree; Condition #10 – agree; Condition #11 – mailboxes for the 3 condominiums are located in the lobby; staff is requesting benches in the mailbox area which is a problem because the Coach and Villas are stacked units with stairs and are not required to be ADA accessible; if benches are installed the units would have to be ADA accessible and due to the slope and topography, ADA requirements for sidewalks could not be met; Condition #12 – agree to install bicycle ramps at the rear of the condominiums; agree to accommodate a location for a future bus stop; Condition #13-20 are landscaping conditions and will be handled as a group, with the exception of Condition #14 which they agree to do. Mr. Gibbs said many of the other conditions request additional notes which their land planner and landscape architect indicate will make the plans more confusing; they are either meeting or exceeding the Landscape Manual everywhere on the site and the landscape plan is reviewed by the Rouse Company.

Mr. Joseph Meinert, City Planning staff, summarized the staff report dated June 29, 2004, a copy of which is on file at City Hall. He reported that the Bowie Advisory Planning Board (BAPB) voted to disapprove based on the applicant not being prepared to discuss the recommended conditions at that hearing; however, the majority of the Board felt they could recommend approval provided there was one additional condition related to the decentralization of the mailboxes; that motion passed with a vote of 4-2. Mr. Meinert further reported on the staff’s rebuttal of the conditions as stated by Mr. Gibbs and which amends the staff recommendation: Conditions 1 and 2 - delete; Condition 3 – agree with applicant; Condition 4 – delete; Condition 5 – delete; Condition 6 – agree with applicant; Condition 7 – continue to recommend it is the Council’s policy to use light reflective and energy sensitive material for the roofing materials; Condition 8 – agree with applicant to delete; Condition 9 – applicant agreed with staff; Condition 10 – applicant agreed with staff; Condition 11 – delete; Condition 12 – applicant agreed with staff; Condition 14 – applicant agreed with staff; Condition 16 – delete; Conditions 20 – staff insists #20 be kept in the recommendation and that the Rouse Company meet the minimum of 80% native plant species which is the City’s policy; Condition 21 – staff would like to see the native plant species be planted where they can be the most effective, which would be along the rear and side buffer areas.

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

Councilwoman Booker Jones moved approval of Detailed Site Plan #04025 with the conditions amended by staff, which are to be renumbered. Councilwoman Bennett seconded the motion.

Councilman Brady asked that Condition #5 be included in the recommendation for approval and suggested language to read: “If it is determined by the Park and Planning Commission that there is surplus surface parking, the applicant shall utilize 50 parking pavers for some of the surplus, particularly those that are adjacent to the PMA areas to the side and rear of the site.” The maker and seconder of the motion accepted Mr. Brady’s amendment and to make it new Condition #10.

The motion as amended carried unanimously.

C. Preliminary Plan #4-04035 – Karington Mixed Use Planned Community – Mr. William Knight, attorney for the applicant, said this project is the second phase of the required approvals. He gave a brief overview of the project and noted that it is located at the southwest quadrant of Rte. 301 and 214; it is zoned E-I-A which is an employment zone, but it is being developed under the M-X-T uses. He said the project contains approximately 1200 residential units, 300,000 sq. ft. of proposed retail, 700,000 sq. ft. of proposed office, 2 proposed hotels, and 2 proposed private schools; the project will take approximately 10-20 years to develop and expect the first phase to be the single-family residential units to the rear of the project. Mr. Knight then reviewed the conditions to the recommendation of approval: Condition #1 – agree and noted that SHA would insist on this as well; Condition #2 – in lieu of this condition, the applicant preferred to build roads that would serve the future residents of Karington which would cost more than what staff is proposing; felt that the Conditions in the Conceptual Site Plan that the County Council imposed should be used; Condition #3 – report submitted to staff and Park and Planning indicated the lots in question can be saved and are not in danger; they have been sited properly and with appropriate grading there should be no problem in developing the lots; Condition #4 – agree.

Mr. Joe Meinert, City Planning staff, summarized the staff report dated June 20, 2004, a copy of which is on file at City Hall. He reported that at the Bowie Advisory Planning Board hearing, the Board’s motion to recommend disapproval failed with a vote of 3-3; the Board then voted for approval that also failed with a vote of 3-3; upon further discussion several Board members felt they could support the staff recommendation and a motion to approve with 4 conditions carried with a vote of 5-1. Mr. Meinert reviewed Condition #2 dealing with the pro rata share calculation for the Rte. 301 widening project. He displayed an exhibit showing graphics explaining funds relating to the road club funds and formula. He then reviewed some of the new policies in the 2002 General Plan. Mr. Meinert then addressed Condition #3 relating to woodland conservation and which provides additional tree preservation of wooded steep slopes on highly erodible soils. He said staff believes the property can be developed more sensitively and better meet the woodland conservation objectives of both the City and the County and recommend that the lots mentioned in Condition #3 and Parcel 70 and 71 be restricted from development because of the steep slopes.

Public Hearing:

1. Mr. Gerard Pape, 1300 Parkington Lane, said he agreed with the staff recommendation for approval with conditions. He read a letter into the record from Rosario Ideo, Vice President of the Citizens Association of South Bowie, a copy of which is attached.

2. Ms. Diedre Trass, 808 Jackson Valley Ct., said she agreed with the 4 conditions, but felt they did not go far enough. She also said she would like consideration given to reducing the amount of retail and office space as well as reducing the number of apartments and condominiums. She added she would like a stronger condition that addresses adequate public services in the areas of schools, police, fire and EMS.

Mr. Knight reiterated that he would be the applicant’s preference to build the improvements on Route 301 and not come up with a formula for putting money into a fund that may or may not be utilized.

Councilman Lyles moved for approval of Preliminary Plan #4-04035 with the staff Conditions 1, 3 and 4, and with respect to Condition #2, the City Council approve the plan with the specific improvements already indicated by the applicant and that are acceptable to City staff with respect to Rte. 301 widening. Councilman Aleshire seconded the motion. Mayor Robinson noted that Condition #2 would reflect that the developer would pay a pro rata cost of $2.832 million, however, the developer will complete the projects and receive credit for the cost up to that figure.

Councilman Brady suggested that another sentence be added to Condition #2 that reads: “The developer is encouraged to make these improvements in lieu of paying a fee.”

Mayor Pro Tem Jenkins asked the maker and seconder of the motion if they would agree to an additional condition that says the applicant shall comply with the provisions of the City’s Wildlife Habitat Guidelines. Messrs. Lyles and Aleshire agreed and the motion carried unanimously.

E. Resolution R-40-04 - Bus Shelters – Mayor Robinson noted that the plan calls for the identification of 21 sites that would be suitable for bus shelter construction; of those, 11 are on State roads, 3 on County roads, and 6 are on City streets. He asked that on those through roads that don’t belong to the City, does the City have to get permission from the State or County to construct bus shelters and, if so, is the revenue split with them. City Manager Deutsch replied that the revenue would not be split; both agencies are supportive of this plan. Mayor Robinson then asked, regarding the contract, if there is a conflict between #5 and #8 dealing with cost of removal of shelters. Mr. Deutsch said the agency will receive a credit against the franchise revenue and the shelter will be removed at their cost.

In response to concerns raised by Councilwoman Bennett regarding advertising on the shelters, City Attorney Levan responded that in his experience with the City of Laurel’s bus system, the administrators of the system (the City) would react to the advertising rather than prejudge since when there has been a problem the company is pretty quick to remove them.

Councilman Lyles moved to approve Resolution R-40-04 as amended on Page 1 and Page 9 of the agreement. Councilwoman Booker Jones seconded the motion.

Councilman Aleshire asked that the bus shelter located at the Market Place be added. The maker and seconder of the motion agreed.

Mayor Pro Tem Jenkins recused himself from voting on this item.

In response to a question regarding location of sidewalks posed by Councilman Brady, Mr. Deutsch responded that staff is examining the issue that was raised a month ago; expect to bring a report to Council and are asking Council to adopt the resolution this evening to implement the contract, and the report will be produced on the sidewalk issue at a later date.

The motion carried with a vote of 6-0.

ADJOURNMENT:

Mayor Pro Tem Jenkins moved to adjourn the meeting into Executive Session in order to discuss legal and personnel matters. Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 12:15 a.m.

Respectfully submitted,

Pamela A. Fleming, CMC
City Clerk