OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

City of Frederick Mayor and Board of Aldermen Public Meeting - October 19, 2023

City CouncilThursday, October 19, 2023
BodyFrederick, Maryland
SessionCity Council
DateThursday, October 19, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:25

Good evening and welcome to the mayor and board of alderman public meeting for the 19th of October.

0:30

We begin with a Pledge of Allegiance.

0:34

I pledge allegiance to the flag of the United States of America.

0:39

For which it stands.

0:41

One nation under liberty and justice for all.

0:50

We have minutes to approve September 21st, 2023 public meeting.

0:54

Move for approval.

0:56

Second.

0:57

Motion by Otterman McCemChick, seconded by Alderman Russell.

1:00

All those in favor?

1:01

That is 4 0.

1:02

Thank you very much.

1:03

With Alderman Shackelford not present, he indicated earlier this afternoon that he would not be here this evening.

1:08

So it was good somebody else made a second on that motion, because that's often his job.

1:14

Thank you.

1:15

Mayor's comments.

1:24

Welcome.

1:25

Thank you.

1:25

Alderman McZemC.

1:27

Alderman Russell.

1:30

Alderwoman Nash.

1:32

I do.

1:32

I do.

1:33

Ah, settle in.

1:35

Um I wrote my comments out so I would stay on topic.

1:38

They are gonna be a little bit lengthy, but this is like my platform.

1:42

This is my opportunity to voice a concern that I keep having, and I'm just gonna use that voice to elevate an issue that I feel very passionately about.

1:49

I've made no secret that I find it challenging, confusing, and quite honestly, simply wrong that we continue to enable development interests to move forward while we consider zoning changes in a designated area, a planning area in the city.

2:04

Said another way, I do not think that while we say on one hand that we have a vision for growth that is more sustainable, considers our affordable housing crisis, takes into account pedestrian and cyclist safety, and for that matter, the safety of the motoring public as well, and on which we all agree, um, we say that we have a plan to follow in the 2020 comprehensive plan.

2:25

And we say that we need to make changes to our land management code to account for this vision.

2:30

Then we choose the East Street Corridor and we acknowledge that this is a special gateway, a special gateway area, and we have a small area plan that passed in 2017, and we embark on an ambitious plan to implement form-based code.

2:42

We hire a consultant, we engage in a public process.

2:46

And in fact, ironically, the second draft of the E Street Form based code came out this past Tuesday.

2:52

And that's what we do on one hand.

2:54

And on the other hand, we completely allow development interests to proceed and ignore the work that we're doing over here.

3:03

Um also on Tuesday in this very room, those inconsistencies were on full display.

3:08

The city's planning commission met after another incredibly long meeting, um, about six hours.

3:15

Um, and it was largely because of this back and forth, these back and forth attempts to adhere to the vision documents that I've referenced.

3:23

Um, and I'm not alone in my frustration.

3:25

That frustration was expressed specifically at the three-hour and 52 mark.

3:29

One commissioner stated, we're all frustrated that the city doesn't have the regulations that we'd like to see.

3:34

End quote.

3:35

Four minutes later, another commissioner repeats that the commission can't utilize form-based code as it is still in draft, and the East Street Small Area Plan doesn't have a design code.

3:43

At the four-hour 44 43-minute mark, um, another commissioner tried to add a condition that future site plans for the property be subject to approved form-based code.

3:52

Um, and then at this, this is when our legal team waited in and they discussed that the board of Alderman, we could pass form-based code, but that the board would then try to grandfather in, could potentially try to grandfather in existing master plans into that form-based code.

4:06

But he did express this could be legally problematic.

4:09

And then planning staff goes on to say at the four-hour 56-minute mark that you know we can talk about form-based code implementation.

4:17

And she talked about the importance of the legislative process while those changes are being considered.

4:22

And quote, and this is important, she said it is so critical that we allow the process to happen, and that we do not make presumptions about what this form-based code might look like.

4:33

Um I would like to move an ordinance forward to public discussion that does, in my opinion, just that.

4:47

Every time we want to update our zoning, development projects will rush in to beat the clock and adhere to rules that were to potentially pass as much as 10 years ago.

4:55

This cannot stand.

5:00

And so I will bring an ordinance forward that pauses final site plan or preliminary subdivision plat review and approvals in areas where the city planning department, under the instruction of the Mayor and Borderman, the Board of Honorman, that's us, is actively considering comprehensive rezoning.

5:12

Which this ordinance would include the consideration of form-based code.

5:16

The moratorium, and I will use the M word, and believe me, it's taken me a long time to get there.

5:21

But the moratorium will be rescinded after some period of time after the start of the recomp the comprehensive rezoning efforts by the planning department or upon the adoption of new zoning regulations.

5:32

One year, two years, we'll put up we'll put a bookend on it, we'll be reasonable, but I'm open and I'm really open to how long this could take, because it's not, it's the staff that would move this forward.

5:41

And I've sent a staff, I've sent two staff a draft to review, and I'm hoping that we can have this conversation as soon as possible.

5:48

My thought is that we must press pause.

5:50

We must let the planning department focus on bringing the form-based code recommendations forward.

Discussion Breakdown — Share of Meeting
Public Comment█████████████████████████████29%
Zoning And Land Use███████████████████19%
Public Private Partnerships██████████████14%
Parks and Recreation██████████10%
Capital Improvements Programming████████8%
Fleet Management████████8%
Community Engagement███████7%
Public Transportation█████5%
Summary of Proceedings

City of Frederick Mayor and Board of Aldermen Public Meeting - October 19, 2023

The City of Frederick Mayor and Board of Aldermen held a public meeting on October 19, 2023, at 7:00 PM at City Hall. The evening included approval of minutes, a major announcement by Alderwoman Nash regarding a proposed development moratorium, public comments in support of that proposal, and action on four items from the public hearing agenda. Two agenda items were pulled. All votes were unanimous (4–0) with Alderman Shackelford absent.

Consent Calendar

  • Minutes Approval: The minutes from the September 21, 2023 public meeting were approved unanimously (4–0) on a motion by Alderwoman Otterman (McZemC) seconded by Alderman Russell.

Public Comments & Testimony

Two members of the public spoke during the first public comment period, both expressing support for Alderwoman Nash’s announced intention to propose a development moratorium:

  • Steve Jacupsick (424 North Market Street) thanked Alderwoman Nash and stated that a “time out” is needed to reassess the city’s leverage with developers, noting that Frederick is no longer the city it was in 1985.
  • John Fundenberg (3014 Mill Island Parkway, Worm’s Mill) spoke as a parent of three children in Frederick County Public Schools, citing the severe overcrowding crisis and urging the board to consider the moratorium so that school capacity can be factored into development planning. No public comments were made during the second public comment period.

Discussion Items

  • Mayor’s Comments – Proposed Development Moratorium: Alderwoman Nash delivered an extended statement announcing her intent to introduce an ordinance that would pause final site plan or preliminary subdivision plat approvals in areas where the city is actively considering comprehensive rezoning, including the ongoing East Street form-based code process. She argued that allowing development to proceed while the city updates its zoning undermines the vision of the 2020 Comprehensive Plan and the East Street Small Area Plan. She cited a recent planning commission meeting where commissioners expressed frustration about the lack of updated regulations. She emphasized the need to press pause to let the planning department focus on form-based code and to prioritize the city’s vision over development interests, noting that Frederick no longer needs to court investment as it did in the past.
  • Public Hearing Item 1 – Bond Ordinance (Introduction Only): Director of Budget and Administration Katie Barkle presented an ordinance authorizing the sale of up to $55 million in general obligation bonds for capital improvement projects. The item was for introduction only; approval is scheduled for the November 2, 2023 public hearing, with bond sale expected December 6, 2023.
  • Public Hearing Item 2 – Fleet Tire Service Contract: Street Maintenance Superintendent Mike Wimpigler requested approval of a one-year contract with South Side Tire & Auto, Inc. for fleet tire services, with four optional one-year extensions. The contract covers all city vehicles (over 800) and equipment. Annual value has not exceeded $100,000.
  • Public Hearing Item 3 – East Street Rails and Trails Phase 3 Bridge MOU: David Edmondson presented a memorandum of understanding with the State of Maryland to allow design work on a bicycle-pedestrian bridge over the MD 26/US 15 interchange. Alderman Russell expressed excitement about the project.
  • Public Hearing Item 6 – Westside Regional Park Resolution: Director of Strategic Planning Mark DeCampo presented a resolution of support for an action plan funded by the Oshman Family Foundation to develop park amenities at Westside Regional Park. The action plan will include community engagement and replace the term “study” with “action plan” in the resolution text. Catherine Visray of the Oshman Family Foundation was present. Board members expressed appreciation and emphasized the collaborative nature of the process.
  • Aldermanic Comments: Alderwoman Nash acknowledged the Weinberg Board of Directors for taking a stand against Travis Tritt’s anti-LGBTQ+ comments while protecting free speech. Alderman Russell noted October is National Disability Employment Awareness Month and encouraged hiring support for people with disabilities.

Key Outcomes

  • Minutes of September 21, 2023: Approved unanimously (4–0).
  • Fleet Tire Service Contract (IFB 24-1): Approved unanimously (4–0) for a one-year term with four one-year renewal options.
  • East Street Rails and Trails Phase 3 MOU: Approved unanimously (4–0) to allow the State of Maryland to proceed with design work.
  • Westside Regional Park Resolution: Approved unanimously (4–0) with the amendment to replace “study” with “action plan” in the resolution text.
  • Proposed Development Moratorium: Alderwoman Nash announced her intention to bring an ordinance forward for consideration at a future meeting. No vote was taken.
  • Items Pulled: Two items were removed from the public hearing agenda: the Compost Pilot Program extension (RFP 22-D) and the Downtown Drainage Area design contract with Rummel, Klepper & Kohl, LLP.

Meeting Transcript

Good evening and welcome to the mayor and board of alderman public meeting for the 19th of October. We begin with a Pledge of Allegiance. I pledge allegiance to the flag of the United States of America. For which it stands. One nation under liberty and justice for all. We have minutes to approve September 21st, 2023 public meeting. Move for approval. Second. Motion by Otterman McCemChick, seconded by Alderman Russell. All those in favor? That is 4 0. Thank you very much. With Alderman Shackelford not present, he indicated earlier this afternoon that he would not be here this evening. So it was good somebody else made a second on that motion, because that's often his job. Thank you. Mayor's comments. Welcome. Thank you. Alderman McZemC. Alderman Russell. Alderwoman Nash. I do. I do. Ah, settle in. Um I wrote my comments out so I would stay on topic. They are gonna be a little bit lengthy, but this is like my platform. This is my opportunity to voice a concern that I keep having, and I'm just gonna use that voice to elevate an issue that I feel very passionately about. I've made no secret that I find it challenging, confusing, and quite honestly, simply wrong that we continue to enable development interests to move forward while we consider zoning changes in a designated area, a planning area in the city. Said another way, I do not think that while we say on one hand that we have a vision for growth that is more sustainable, considers our affordable housing crisis, takes into account pedestrian and cyclist safety, and for that matter, the safety of the motoring public as well, and on which we all agree, um, we say that we have a plan to follow in the 2020 comprehensive plan. And we say that we need to make changes to our land management code to account for this vision. Then we choose the East Street Corridor and we acknowledge that this is a special gateway, a special gateway area, and we have a small area plan that passed in 2017, and we embark on an ambitious plan to implement form-based code. We hire a consultant, we engage in a public process. And in fact, ironically, the second draft of the E Street Form based code came out this past Tuesday. And that's what we do on one hand. And on the other hand, we completely allow development interests to proceed and ignore the work that we're doing over here. Um also on Tuesday in this very room, those inconsistencies were on full display. The city's planning commission met after another incredibly long meeting, um, about six hours. Um, and it was largely because of this back and forth, these back and forth attempts to adhere to the vision documents that I've referenced. Um, and I'm not alone in my frustration. That frustration was expressed specifically at the three-hour and 52 mark. One commissioner stated, we're all frustrated that the city doesn't have the regulations that we'd like to see. End quote. Four minutes later, another commissioner repeats that the commission can't utilize form-based code as it is still in draft, and the East Street Small Area Plan doesn't have a design code. At the four-hour 44 43-minute mark, um, another commissioner tried to add a condition that future site plans for the property be subject to approved form-based code. Um, and then at this, this is when our legal team waited in and they discussed that the board of Alderman, we could pass form-based code, but that the board would then try to grandfather in, could potentially try to grandfather in existing master plans into that form-based code. But he did express this could be legally problematic. And then planning staff goes on to say at the four-hour 56-minute mark that you know we can talk about form-based code implementation. And she talked about the importance of the legislative process while those changes are being considered. And quote, and this is important, she said it is so critical that we allow the process to happen, and that we do not make presumptions about what this form-based code might look like. Um I would like to move an ordinance forward to public discussion that does, in my opinion, just that.

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