Frederick Mayor and Board of Aldermen Workshop - June 5, 2024

The Mayor and Board of Aldermen held a workshop on June 5, 2024, at 3:00 PM in City Hall (due to HVAC issues on the second floor). The meeting covered four main agenda items: the Program Year 2024 Community Development Block Grant (CDBG) Annual Action Plan, substantial amendments to prior CDBG program years, a continued discussion on the annexation of the Christoff Property (57.16 acres), and a first discussion on the annexation of the Winpenny Tell Property (79 acres). The board approved minutes from May 15 and May 22, 2024, and heard public comments on several items.

Consent Calendar

• Approved minutes of May 15, 2024 (motion by Alderman Shacklewood, second by Alderwoman Nash, 3-0).
• Approved minutes of May 22, 2024 (motion by Alderman Shackleberg, second by Alderwoman Kazemchak, 3-0). (Alderwoman Kazemchak was absent.)

Public Comments & Testimony

• Jim Smersal (former city employee, downtown resident) expressed support for the Operation Rehab program, noting its history and effectiveness, but acknowledged the city's staffing constraints and suggested residents could seek similar loans through Frederick County's housing department.
• Linda Miller (property owner in Tuscarora Creek) opposed the Winpenny Tell annexation, citing the value of natural lands and agriculture. She requested that if development proceeds, the layout be shifted away from her property to preserve views.

Discussion Items

1. Program Year 2024 CDBG Annual Action Plan

• Rebecca Gramling (CDBG program manager) presented the plan. The city received $435,469 in CDBG funds plus $341,149 in program income, totaling $776,618.
• Funding allocations:
  • $8,000 – Asian American Center (greenhouses for senior volunteers)
  • $275,375 – Habitat for Humanity (HVAC, electric, plumbing for West All Saints Street condominiums)
  • $5,000 – Advocates for Homeless Families (case management)
  • $17,000 – Central Hispano (intake specialist for LEP clients)
  • $17,000 – Department of Housing and Human Services (Housing First case management)
  • $7,000 – Justice Jobs (case management for recovery, reentry, homeless)
  • $9,500 – Housing Authority (youth services coordinator)
  • Program income: $120,000 for HHS food pantry roof repair and loading dock repaving; $221,149 for an acquisition for affordable housing program (or down payment assistance).
• The plan was developed with public input and an ad hoc committee. No questions or public comment were offered on the action plan itself.

2. CDBG Substantial Amendments for Program Years 2019, 2020, and 2021

• Staff proposed reprogramming $440,204 from canceled projects to four new or expanded activities:
  • $128,192 – program administration (20% cap, covering costs from 2020 to 2026)
  • $119,052 – Love for Lochlin (medical/educational supplies and fuel for a mobile unit, using CV funds to bypass the 15% public service cap)
  • $57,775 – Asbury Foundation Senior Escapes Park (project delivery costs for West All Saints condominiums)
  • The remaining funds were distributed to other approved projects.
• Alderman McShane questioned the cancellation of Operation Rehab (a revolving loan fund for low-income homebuyers). Staff explained the program was labor-intensive and lacked staffing. Alderman McShane expressed concern about shifting funds to the Trinity renovation, but staff clarified that the ad hoc committee makes funding decisions. Staff noted the new acquisition/affordable housing program will help low-income buyers.

3. Continued Discussion: Christoff Property Annexation (57.16 acres, Opossumtown Pike)

• Gabrielle Collard (Planning) recapped: the applicant requests R4 zoning (max 228 units) with a planned neighborhood development (PND) clustering of 114 single-family and 114 townhouses. The city’s comprehensive plan recommends higher densities, but the PND design allows compact development preserving environmentally sensitive areas.
• The main unresolved issue was the regional infrastructure improvement contribution per unit. City staff recommended $11,000 per unit based on a methodology considering funding gaps for specific road projects (Christopher’s Crossing, West Side Extension, Willowbrook Road). The applicant (Bruce Dean, representing the Christoff team) proposed $5,800 per unit (based on a 0.56% trip share) and later offered $7,500 using a 10% trip distribution from a nearby traffic study. The board indicated support for the city’s methodology but was open to further discussion between the applicant’s traffic engineer and city staff. Alderman McShane suggested forwarding the annexation to a public hearing, allowing the applicant to present additional data to staff. The board appeared inclined to move forward with the city’s recommendation.

4. First Discussion: Winpenny Tell Property Annexation (79 acres, west of Tuscarora Creek)

• Staff presented the proposal: 316 units (210 townhouses, 106 single-family) under R4 zoning. Key issues included:
  • School capacity: Yellow Springs Elementary is over capacity but a new school is planned for fall 2026. Minoxey Middle School is projected to be over capacity by 2031, but no plan for a new middle school exists despite a site being acquired.
  • Water/sewer: County sewer service capacity is unconfirmed until a water and sewer map amendment is completed. The city’s water supply agreement would need amendment.
  • Winpenny Drive connection: The county indicated that a through connection to Winpenny Drive would require replatting with consent of all property owners. The applicant provided a legal opinion arguing the connection is permissible under covenants. Staff recommended requiring the connection before any building permits (except a model home). The board discussed the risk of annexation without a guaranteed connection.
  • Regional infrastructure fee: Staff recommended $10,000 per unit, using the same methodology as for Christoff.
  • Stream buffer: Staff requested a 100-foot buffer (instead of 50 feet) for stream restoration, excluding stormwater management. The applicant was amenable to 100 feet but wanted to allow stormwater management within the buffer.
  • Water tank contribution: Staff recommended $623,000 ($2,000 per unit) for a pro-rata share of a regional water tank.
• The Planning Commission recommended against annexation, citing broader concerns about growth timing. The board noted the recommendation but did not treat it as dispositive.
• Public comment: Linda Miller opposed annexation, preferring the land remain undeveloped; she requested layout adjustments if development proceeds.
• The board decided not to schedule another workshop, signaling readiness to move toward a public hearing.

Key Outcomes

• Minutes approved: May 15 and May 22, 2024 (unanimous).
• CDBG Action Plan and Amendments: Discussed; no formal vote taken. The board will likely vote on the resolution at a future legislative session.
• Christoff Annexation: The board directed staff to proceed toward a public hearing, with the understanding that the applicant may further discuss the traffic impact fee with city engineers. The fee remains at $11,000 per unit per staff recommendation, but the board left the door open for adjustment based on additional analysis.
• Winpenny Tell Annexation: No further workshop needed; staff will begin the public notice process for a public hearing. Conditions will include the Winpenny Drive connection, potential 100-foot stream buffer, and a pro-rata water tank contribution. The regional infrastructure fee will be negotiated further.