Frederick City Council Public Meeting - February 16, 2023

The Mayor and Board of Aldermen held a public meeting on February 16, 2023, at 7:00 PM in City Hall. The meeting was chaired by the Vice President (Mayor absent) and included approval of minutes, consent agenda items, a public hearing on a historic preservation overlay, appointments to boards, and two rounds of public comments. All votes were 4-0 in favor.

Consent Calendar

• Grants: Approved acceptance of two Maryland Department of Natural Resources Local Parks and Playgrounds Infrastructure grants: LPPI-10-54 ($70,000) and LPPI-10-55 ($200,000).
• Special Ordinance: Approved a special ordinance to amend the FY23 budget to include revenue and expenditures of $270,966 from the above grants.

Public Hearing – Historic Preservation Overlay for 1700 Atlas Drive

• Staff Presentation: Christina Martinkosky (Planning Department) presented the request to amend the official zoning maps to apply a Historic Preservation Overlay Zone (HPO) to the property at 1700 Atlas Drive (0.167 acres), while maintaining the medium density residential base zone. The property contains a circa 1800 mill house (McPherson Mill House) that was previously relocated 140 feet to its current location under a 2014 ordinance. The Historic Preservation Commission (5-0) and Planning Commission (4-0) recommended approval. Staff argued the overlay is consistent with the comprehensive plan and the building’s architectural significance as a hall-and-parlor dwelling.
• Public Testimony: Todd Offutt, owner of 1700 Atlas Drive, expressed frustration with the permit process. He stated that after submitting a permit application on December 13, 2022, staff placed an indefinite hold, citing the pending HPO. He noted that staff had previously told him he could proceed with work without the overlay. He objected to the overlay covering the entire parcel rather than the structure plus a 100-foot buffer as in the original 2014 ordinance. He did not oppose the overlay itself but requested the boundary be limited. He also noted that the city attorney’s office did not respond to his requests for a meeting. Two other residents (Vanessa Owens and another) attempted to speak but were redirected to later public comment for unrelated issues.
• Staff Rebuttal: Christina Martinkosky clarified that the permit hold was because the initial relocation permit had not been closed out, and that this was communicated to the owner since June 2022. She explained that the HPO is typically applied to the entire lot, and the 100-foot buffer was used in 2014 due to the uncertain final location of the building. Now that the building is permanently placed, applying the overlay to the entire parcel is standard.
• Board Discussion: Alderman Kelly Russell asked about the discrepancy between the 100-foot buffer and the current proposal. Staff explained that the initial limited footprint was temporary because the building was to be moved. The current proposal covers only the lot where the house now sits. The board clarified the motion.

Key Outcomes

• Approval of Historic Preservation Overlay: The Board voted 4-0 to approve Ordinance amending the official zoning maps to apply the Historic Preservation Overlay Zone to 1700 Atlas Drive, maintaining the medium density residential base zone. The motion included findings that the property meets criteria for HPO designation and is consistent with the comprehensive plan.
• Appointments:
  • Zoning Board of Appeals: Gerritt Knaap moved from alternate to full member for a three-year term (February 17, 2023 – February 16, 2026). Approved 4-0.
  • Bicycle Pedestrian Advisory Committee: John Temple reappointed for a four-year term (February 17, 2023 – February 16, 2027). Approved 4-0.
• Commitment to Record: The board requested that the property owner provide copies of the emails he displayed during testimony for the official record.

Public Comments & Testimony (Second Round)

• Suzanne Bucks (526 Trail Avenue): Complained that on February 1, 2023, city workers digging for water leaks near her home caused damage to her water pipes, leaving her without water for three days. She stated that a city employee (Ben Arneson) admitted the digging likely caused the damage. She and her neighbor had to pay $5,000 each for repairs. She criticized the city’s response and lack of notification, and said she filed a claim. She also noted that code enforcement issued a citation for dirt from the plumber, which she considers unfair.
• Richard Ashbaum (524 Trail Avenue): Echoed his neighbor’s complaints, stating there was no notification before the city dug. He noted that the water cutoff also jeopardized his boiler (which requires water) and that his family was left without heat and water. He estimated total costs exceeding $6,000, including sidewalk repairs. He contrasted the director of public works’ salary grade with that of the police chief, implying a lack of accountability.
• Vanessa Owens (1615 Rock Creek Drive): Raised concerns about traffic safety on Baughmans Lane near the Conley Farm development. She stated that bike lanes are unused, the road is unsafe for pedestrians, and speed limits are ignored. She urged the city to re-evaluate the area to protect established neighborhoods and improve safety for children and seniors.