REGULAR CITY COUNCIL MEETING
MONDAY, APRIL 7, 2008
CALL MEETING TO ORDER:
The Regular Meeting of the Bowie City Council was held on Monday, April 7, 2008 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 Brady, Marcos, Trouth, Turner and Valentino-Smith; City Manager Deutsch, Assistant City Manager Fitzwater, City Attorney Robert Levan, Members of the Staff, the Press and the Public. Mayor Robinson announced that Councilmember Polangin was attending another event and could not be present this evening.
PLEDGE OF ALLEGIANCE TO THE FLAG:
The Council led the Pledge of Allegiance to the Flag.
CITIZEN PARTICIPATION:
A. Ms. Deborah Sell, 2705 Birdseye Lane, spoke about legislation that would allow parents with adult children with disabilities to live with them at senior housing developments.
B. Ms. Taneesha Tate-Robinson and Ms. Evonne, students at Bowie High School, reported on their recent trip to D’Iberville, MS where they and many other students participated in continuing efforts towards the Katrina Hurricane recovery efforts; their work included beautifying a homeowner’s garden and working on drywall in one of the homes. They thanked the City for its donation towards the trip and presented t-shirts to the Council.
C. Ms. Mary Nusser, President of the BHS PTSO, read a letter from Ms. Erica Scott, whose home was worked on by the Bowie High School students who made the trip to D’Iberville. A copy of the letter is attached.
PRESENTATIONS:
A. Recognition of South Bowie Boys & Girls Club 9 and Under “AAA” Basketball
Team – Mayor Robinson presented Certificates of Recognition to the members
of the team and congratulated them on behalf of the entire Council for their
outstanding winning season under the leadership of Coach Brian Jamison, Asst.
Coach Howard Harris, Asst. Coach Edward Scott, and Team Coordinator Kimberly
Byrd. The members of the team are: Christian Haynes, Dalvaun Mitchell, Deon
Taylor, Eddie Scott, Justin Burns, Kenneth Tyree, Kevin Byrd, Nicholas Sharma,
Rhyan Ashley, and Zion Lewsey.
CITY BOARDS AND COMMITTEES:
Mayor Pro Tem Turner moved the appointment of Robbin Brittingham as a member of the Education Committee. Councilmember Brady seconded the motion and it carried unanimously.
Mayor Robinson swore Ms. Brittingham into office in accordance with Sec.
92A of the City Charter.
COUNCIL ANNOUNCEMENTS:
Mayor Robinson reminded residents that Mayor Pro Tem Turner was hosting a
meeting regarding foreclosure issues on April 9, 2008 at City Hall.
CITY MANAGER’S REPORT:
City Manager Deutsch reported on the following items: 1) Foreclosure Workshop is scheduled for Saturday, May 10, 2008 at the YMCA, 3501 Moylan Drive from 10 a.m. to 2 p.m.; legislation was passed by the State to address foreclosure issues; Maryland is the most aggressive state in the country; 2) BGE is holding a seminar at the Senior Center to describe the energy assistance program for eligible seniors; and 3) a shooting incident occurred in which Bowie and Prince George’s County Police Officers were involved; the matter is under investigation.
CONSENT AGENDA:
Mayor Pro Tem Turner moved the approval of Consent Agenda items: A) Approval of Minutes of March 3, 2008 Council Meeting and B. Approval of Minutes of March 17, 2008 Council Meeting; C. Approval of Proclamation P-3-08, Recognizing April 12, 2008 as Arbor Day in Bowie; D. Approval of Resolution R-18, ; E. Approval of Resolution R-19-08, Awarding a Contract for Third Party Inspection Services Required in Connection With the Bowie Playhouse Renovations to Independent Consultants & Engineers, Inc.; and F. Approval of Resolution R-20-08, Accepting Bid for the Removal and Replacement of a Roof Mounted HVAC System and the Removal and Replacement of an Acoustical Panel Ceiling System With Lighting at the Wastewater Treatment Plant. Councilmember Brady seconded the motion and it carried unanimously.
NEW BUSINESS:
A. City Hall Project Update – Ms. Melanie Hennigan, Grimm & Parker Architects, displayed a PowerPoint presentation which showed the various design stages of the new City Hall project. She said their task is to create a vibrant, welcoming, inviting, accessible city hall for the community, one that celebrates its great achievements as a community, its diversity, strength, and one that solves the functional requirements of the program. Ms. Hennigan reported said the site is along Evergreen Parkway and Excalibur Drive, is a $25 million dollar project, will be an 80,000 square foot building on a 6-acre site. She described the parking areas, buffering, lighting standards, etc. and said they are looking at a LEED silver design. Ms. Hennigan then described the building itself, its entry and lobby, the addition of trees around the building, the views from and into the building, the police department entry, screening, the green roof, and noted that the walking trails will be left in tact. She then described the location of the various offices on both floors and the location of the Council Chambers.
Since there were no persons signed up to speak, Mayor Robinson declared the public hearing to have been held.
Councilmembers addressed questions and concerns to Ms. Hennigan: screening of the building throughout the year, use of minority and/or women-owned or local businesses, access to the park and lake during construction, security of equipment on the construction site, hours of construction, elevators, number of offices for various departments and extra built-in office space, space for other agencies, and the roof garden.
Mayor Robinson thanked Ms. Hennigan for her presentation and for the work of the entire team.
B. Detailed Site Plan #07066, Harmony Place – Mr. Frank Stevens, City Planning staff, summarized the staff report and displayed a PowerPoint presentation which showed an aerial photo of the site, zoning, site plan, elevations, signage, etc.; a copy of the staff report is on file at City Hall. He said the proposal was for 286 apartment units and that Health Center Drive bisects the property with Route 197 to the north and the Health Center property to the west; the property is mostly zoned R-18 with several small parcels to the south and east that are zoned R-80. Mr. Stevens also showed, as part of the overall site plan, the two accesses, the parking garage, club house, the size of the two buildings, additional parking areas, landscaping, trails, and lighting. He noted the location of the stormwater and bio retention areas throughout the site as well as the tree conservation plan. He reported that the Bowie Advisory Planning Board conducted a hearing on this case and recommended approval; they also approved a departure for onsite parking spaces for a total of 529 parking spaces for the entire project; the project is in conformance with the adopted Master Plan. Mr. Stevens concluded his report and said that staff recommends approval of the Detailed Site Plan with the conditions contained in the staff report with a new proposed Condition #7 regarding the timing of the approval of the type 2 tree conservation plan which was proposed by the BAPB. He said that after discussion it is recommended that the TCP be approved prior to a grading plan which is earlier in the approval process.
Mr. Toussaint Gaskins, Chairman of the Bowie Advisory Planning Board (BAPB), said the Board reviewed the proposed Plan; the applicant agreed with the majority of the City staff recommendations; questions from the Board centered on alleviation of potential traffic congestion trying to assure appropriate access, appropriate signage, and clarity concerning utilization of City owned property. He said the Board voted 3-2 for approval.
Mr. Richard Reed, attorney for the applicant, said the focus on the project is the luxury aspect befitting of its location. He spoke about the 1.2 acres of property they will be seeking to acquire from the City which will remain in preservation; the building will be the first LEED’s certified building in the County; all public facilities are adequate, site design guidelines are adequate, parking spaces and landscaping are adequate, and they are agreeing to the additional recommended lighting. Mr. Reed displayed the materials to be used in the architecture.
Mr. Steve Gorn, President and CEO of Harmony Place LLC, displayed a PowerPoint presentation which gave some detail of the architecture and how the buildings and community relate to one another, as well as the interior layouts.
Mr. Mel Willis, engineer for the applicant, gave an overview of the trails that link together and the sidewalk along the length of Health Center Drive.
Mr. Reed then spoke about the staff conditions, in particular, Condition #3. He requested that residents not be prohibited from placing their personal belongings in the garage; a provision would be placed in the lease that requires that motor vehicles be parked in the garage which would limit personal items in the garage. Mr. Reed added that the words “and that the storage of residents’ personal items in these garage buildings is prohibited” be deleted from Condition #3. With regard to Condition #4C, he asked that it be reworded so that the public is not directly invited into the community via the trails. Mr. Reed asked for the Council’s approval.
Public Hearing:
1. Mr. Tom Nicholas, 4108 Nesconset Drive, voiced his concern about the proposed development. He felt the project is too big and the wrong project at the wrong place. He added that many of his neighbors who could not attend this meeting also objected to the proposal. He asked that Council consider the impact that it would have on the community.
2. Ms. Jennie McDiarmid, 15104 Nebraska Lane, said the development needs to be an age restricted, seniors only housing development; referred to previous correspondence in which the City had supported senior housing.
3. Mr. Mike McDiarmid, 15104 Nebraska Lane, said he was concerned about safety, parking and emergency vehicle access. He also said that the location is good for senior housing and noted that the Council has supported good quality senior housing.
4. Ms. Deborah Sell, 2705 Birdseye Lane, spoke in opposition to the proposal and felt that it should be owner occupied rather than rental property.
5. Ms. Sharlene Palmer spoke on behalf of Marie Farney who could not be present and read Ms. Farney’s letter into the record. Ms. Farney was not in support of the proposed development because of its size; was concerned about traffic safety, pedestrian safety, and strongly encouraged the land be used for senior housing.
6. Ms. Aparia Kumar, 4019 Nesconset Drive, said she agreed with the previous speakers and felt this was not a good location for the proposed development; was concerned about traffic during holiday seasons and rush hours.
7. Mr. Russ Ideo, 16403 Pointer Ridge Drive, spoke in opposition and said this was the wrong place for this project; felt the developer was ignoring safety; and the project should be a senior development instead of rental.
9. Mr. Richard Padgett, 2910 Tallow Lane, spoke in opposition to the project and referred to portions of the Master Plan and previous correspondence, Council positions of opposition to the project. He noted that nothing was said about restriction to senior housing in the previous positions. He said that this site was the perfect place for senior housing because of the location of the City’s Senior Center and the Health Center.
Mr. Reed said that in terms of impact to the community, it had been tested at a prior stage and APF has been tested; with regard to the project being too big for the site, the lot coverage is 32%, the green area is 64% and it fits well within the parameters of the zone; the site has been checked with regard to the environment and all issues adequately addressed; they are willing to work with the community and provide animal protection if needed. He added that with regard to housing for seniors, they are looking at devoting one of the buildings to seniors and to market to seniors first; they are not resisting marketing to seniors but will commit a minimum number.
Mayor Pro Tem Turner said he had received an e-mail from Jesse Fripp, 15011 Nashua Lane, a copy of which is attached hereto.
Councilmember Valentino-Smith said, for the record, that in May of 2007 she had resigned from the law firm of Livingston, Levitan and Silver and has had no working relationship with them since that time. She also did not work on any land use cases while working for the firm; following notification to the Ethics Commission and the City Council, she did not believe there was any perception of conflict; because there has been a delay in a response from the Ethics Commission because of their workload, she will participate in discussion and voting on the subject matter. Ms. Valentino-Smith also said that prior to her election, she had filed as a person of interest in this matter and filed objection with the Planning Board. She then referred to language in the Master Plan and said there was an objective related to this property that it is well situated for active adults or seniors; it is clear that there is an extreme shortage for this type of housing; the Plan before Council does not submit the detail necessary to be consistent with the principals, goals and objectives of the Master Plan.
City Attorney Robert Levan said that he needed to point out what standards under which the application is being considered; the application is nothing more than an application for Detailed Site Plan review; it is limiting and the question of whether or not the standards are appropriate, and the criteria for the County to be looking at a Detailed Site Plan is set forth in 27-281(c)(1) which is contained in the staff report; the staff made its decision based on what the criteria is for approval of a Detailed Site Plan. He added that the Council’s authority is a recommendatory one and does not have legal authority.
Mayor Pro Tem Turner read an e-mail into the record from Claire Foster, a copy of which is attached.
Mayor Robinson announced that he had received an e-mail from Councilmember Polangin who was unable to attend tonight’s meeting. He read the e-mail into the record and a copy is attached.
Following further discussion, Mayor Pro Tem Turner moved to disapprove Detailed Site Plan #DSP-07066, Harmony Place for the following reasons: 1) Application, as it exists, is inconsistent with the adopted Master Plan for age restricted senior luxury development at this subject location; and 2) It is premature because Council does not have the departure resolution in front of them. Councilmember Brady seconded the motion and it carried unanimously.
C. Preliminary Plan #4-07025 - Glenn Dale Golf Course Adult Community – Ms. Elizabeth Chaisson summarized the staff report and displayed a PowerPoint presentation which showed an aerial photo of the site, zoning, etc.; a copy of the staff report is on file at City Hall. She reported that the site is bounded by Glenn Dale Blvd., Prospect Road, Hillmeade Road and Daisy Lane; it is zoned O-S, R-R and R-18C; the site is currently an 18-hole golf course with woodlands, tributaries, clubhouse and some residential buildings, and the northeast portion of the property is located in the County-wide Green Infrastructure network; the proposal is for 390 condominiums of which a maximum of 390 will be located in the northeast portion of R-18C zone. Ms. Chaisson reported that staff is recommending approval with conditions noted on Page 7 of the staff report; the applicant has agreed to most of the conditions. She reviewed Condition #2 and said that staff is in agreement that the impacts to the PMA are minimal because Hillmeade Road will be widened; Condition #2 can be eliminated. With regard to Condition #3, Ms. Chaisson said there will be no residential on the O-S zone so the 35 foot buffer becomes moot. With regard to condition #5, discussions were held about having a separate trail sufficient for pedestrians and bicyclists and that it be provided along the interior stream and connect with Hillmeade Road and the existing golf course paths along the property; the applicant will explain that the golf course will be separate from the R-18C property so there are liability issues of having the residents using the golf course paths; the applicant would prefer removing Condition #5.
Mr. Craig Kazanjian, representing the developer, displayed a plan that showed the location of Hillmeade Road and explained road improvements, grading, and correction of stream erosion. He asked that Condition #2 be deleted and he did not feel Condition #3 was necessary since there was nothing to buffer and they will be saving most of the trees. With respect to Condition #5, Mr. Kazanjian said he would like to see it deleted because privacy and security is more important to residents.
Public Hearing:
Ms. Diane Hauf, 12115 Quick Fox Lane, representing Evans Overlook Homeowners Association, said the current plan is the best for the community because it maintains the open space of the golf course and provides much needed active adult housing; most of the traffic generated will be non-rush hour times. She said they support the entrance as proposed in the Preliminary Plan and requested deletion of the condition to move the proposed entrance south towards Shafer Lane.
Councilmember Marcos moved to approve Preliminary Plan #4-07025, Glenn Dale Golf Course Active Adult Community, with conditions listed in staff report, deleting Conditions 2, 3 and 5. Councilmember Trouth seconded the motion and it carried unanimously.
ADJOURNMENT:
Mayor Pro Tem Turner moved to adjourn the meeting Councilman Brady seconded the motion and it carried unanimously. The meeting was adjourned at 11:42 p.m.
Respectfully submitted,
Pamela A. Fleming, CMC
City Clerk