OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Frederick Mayor & Board of Aldermen Workshop - October 16, 2024

City Council Committee MeetingsWednesday, October 16, 2024
BodyFrederick, Maryland
SessionCity Council Committee Meetings
DateWednesday, October 16, 2024
StatusFILED
Video Record

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Transcript — Verbatim
10:00

Good afternoon and welcome to the mayor and board of Alderman Workshop for the 16th of October.

10:04

We begin with the Pledge of Allegiance.

10:08

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

10:12

And to the Republic for which it stands.

10:15

One nation under God, indivisible with liberty and justice for all.

11:04

With 10 years of service, Charles Osherman, Sanitation, Susie Boisclair, Police Department, Andrew Brown, Engineering, Lisa Dilda, Parking, Ben Hose, Housing and Human Services, Richard Toms, Parking, Jenny Henneberry, police.

11:22

With 15 years of service, Paul Alexander Jr.

11:25

in the building department, and with 20 years of service.

11:29

Dennis Ryder of the Parks Department, Dana Kelly in the police department, and Jeff Stupp, sewer maintenance.

11:48

Thank you all for what you do every day for our residents and for our community.

11:53

We have minutes to approve October 2nd, 2024.

11:58

So move.

11:59

Second.

12:00

Motion by Alderman Shackerbert, second by Alderwoman Nash.

12:02

All those in favor.

12:04

That is 30.

12:05

Thank you very much.

12:05

We were notified prior to the meeting that Alderman McShane and Alderwoman Kazemchuk would be unable to attend today.

12:11

Item number one on our workshop today is discussion of a request to rezone 19.54 acres west of Route 15 and North of Himes Avenue, specifically 585 Himes Avenue, from professional business to institutional floating zone to establish Frederick County's Prospect Center, a multi-functional government services complex.

12:29

This is a quasi-judicial matter, and so all persons who wish to give testimony or cross-examine a speaker must be sworn in.

12:36

So if you would like to testify or cross-examine anyone in this matter, I would ask you at this time to please stand and raise your right hand.

13:03

Thank you.

13:04

We allow reasonable cross-examination of any speaker.

13:06

If you wish to cross-examine a speaker, we ask that you make that request prior to or immediately after the speaker is concluded, providing testimony.

13:13

Failure to make a timely request for cross-examination would be or could be deemed a waiver of that right.

13:19

Questions should be questions and not preceded by statements, and we ask that you be as concise as possible.

13:25

We have an introduction of the case by the mayor, a presentation from our staff.

15:01

Let's see if that comes up now.

15:19

Apologize.

15:22

The county has the applicant is requesting to rezone 9.5 acres along US 15, and the exact address of this property is 585 Times Avenue.

15:34

The property, as you see, as we're all familiar with many different uses have been there as the state farm in the past and the health uh offices and stuff was purchased by the county in 2021.

15:50

With the understanding the zoning as professional business would allow them to have administrative offices in the existing building that is there at this time.

16:00

Since then, they have looked at this site for expanding on other services and functions of the county where they are proposing to construct a 3,500 square foot building for communications.

16:14

They're 911 services that also would uh have associated communications tower on site and a 14,300 and uh square foot vehicle and storage maintenance building.

16:27

With that, um those staff had looked at what these uses are and where they absolutely could be permitted, and they were not actually uh permitted in the PB zone, so they are here requesting for an overlay of institutional floating zone on part of this property.

16:45

The uh I guess you want to say it's the western part of the property.

16:51

Um here I'm really not good at this.

17:07

Uh as you see here, this is what they're proposing.

17:24

The blue is the institutional floating zone, and then the purple would remain as PB, and that is approximately six acres, six and a half acres.

17:32

Um as with institutional, they were to um have findings of fact uh as we look at for population change, availability public facilities, future transportation patterns, and compatibility with the neighborhood and support from the city comprehensive plan.

17:52

As we know in this area is a um it is adjacent to some institutional cemetery zone property, some residential uses, and of course the PB as it would remain.

18:05

Um this is uh we've looked at um also too, they've uh analyzed uh alternative sites for their functions and um have selected this site as more appropriate for access and um central for city and county services uh alike.

18:28

And what else would I want to say for you and no financial impact to the city as we view it and compatibility with uh the urban and design standards in the future under a uh site plan.

18:48

Um with that I believe I would turn it over to any questions that you might have on this.

18:58

Thank you.

18:59

Are there questions for staff?

19:07

Hi.

19:09

So let's start with the implementing the policies of the comprehensive plan.

19:16

Can you talk to me about how this implements the policies of the comprehensive plan?

19:20

So and the reason I'm bringing that up is that we are to evaluate using section 306 of the land management code.

19:27

So that's just that's the citation.

19:29

So can you help me understand that?

19:33

Well, one of the criteria is if the rezoning is in harmony with the comprehensive plan as one of part of their criteria in 306 e8, I believe.

19:45

Um we find that it is in working with the county and the city together collaboratively to provide services to the residents, and uh that is one of the main goals for um this project.

20:04

So in staff position, just to make sure I understand what you're saying, it is staff's position position that rezoning this previously PB major employment site that fronts 15 and is specifically called out in the comprehensive planning documents.

20:30

Right.

20:31

And we've we've kind of cited the municipal growth policy six that the city will continue to collaborate and coordinate with Frederick County about future development projects.

20:54

The collaboration for future development.

21:02

Okay.

21:02

Thank you.

Discussion Breakdown — Share of Meeting
Zoning And Land Use████████████████████████████████32%
Historic Preservation██████████████14%
Planning Commission Training██████████████14%
Housing Work Plan████████8%
Homelessness███████7%
Public Engagement██████6%
Public Works██████6%
Public Comment█████5%
Transportation Safety███3%
Summary of Proceedings

Frederick Mayor & Board of Aldermen Workshop - October 16, 2024

The Mayor and Board of Aldermen held a workshop on October 16, 2024, beginning at 3:00 PM at City Hall. The agenda included recognition of employee service, approval of minutes, and three substantive items: a rezoning request for Frederick County's Prospect Center, a proposed temporary emergency housing ordinance, and a mid-year update from the Planning Department. Aldermen McShane and Kazemchuk were absent.

Consent Calendar

  • Approval of Minutes (October 2, 2024): Moved by Alderman Shackerbert, seconded by Alderwoman Nash, and approved unanimously (vote 3-0).

Public Comments & Testimony

  • Item 2 - Temporary Emergency Housing Ordinance:
    • Ann Ryan, representing the Frederick Housing Solutions Task Force, described the ordinance as a front-end option for individuals who cannot use congregate shelters. She outlined a housing continuum and emphasized that this is a small, temporary measure to save lives over winter.
    • Sharon Stromberg, of Peace in Christ Lutheran Church in Walkersville, stated that being "hard to get along with should not be a death sentence." She noted that a $2,500 bequest from a deceased member (Roger Johnson) is available for units, contingent on city approval and liability insurance. She stressed the intent was at most two units per site with minimal occupancy to reduce neighborhood impact.

Discussion Items

  • Item 1 - Rezoning of 585 Himes Avenue (Prospect Center):

    • Staff introduced the request to rezone 19.54 acres from Professional Business (PB) to the Institutional floating zone (IST) to allow Frederick County to construct a 3,500 sq ft 911 communications center and a 14,300 sq ft vehicle/storage building. The site was purchased by the county in 2021. About 6.5 acres would remain PB.
    • Board members questioned the finding of harmony with the comprehensive plan, alternative site analysis, no financial impact to the city, and compatibility with nearby residential uses. Alderman Russell specifically asked about the county's analysis of alternative sites; the applicant's representatives (Peter Soprano, Todd Volkmanick) could not provide details, stating their study was limited to the existing site.
    • Alderman Russell raised concerns about Himes Avenue's upcoming traffic calming and bike lane project conflicting with large truck access, and asked about pedestrian/bicycle access through the site, the aesthetics of a proposed communications tower, and the need for coordination with the city on emergency services (e.g., access to training rooms, EOC).
    • Staff noted that if conditions are imposed, a separate public hearing is required. The board decided additional information is needed before scheduling a public hearing, including traffic study details, tower camouflage, and county representation at the next workshop.
  • Item 2 - Temporary Emergency Housing Units Ordinance:

    • Alderman Ash presented the ordinance as a limited pilot for temporary structures (like RVs) on private property (zoned IST only) during winter months, ending April 1, 2025. The ordinance includes requirements for bathrooms, kitchens, parking (75% of required spaces kept), a written code of conduct, and trash maintenance.
    • Board members identified unresolved issues: state COMAR regulations (Title 10, Subtitle 16) governing mobile home parks and camps; definitions; liability and insurance; fire safety; enforcement of codes; and emergency response addresses. Alderman Nash questioned the enforceability of a code of conduct and who provides management oversight.
    • Staff confirmed that state law may preempt local permitting for more than one unit (five constitutes a mobile home park). The item will not move to hearing until legal questions are resolved. A broader discussion with the Frederick Housing Solutions Task Force is scheduled for the next workshop (October 23).
  • Item 3 - Planning Department Mid-Year Update:

    • Planning Director Gabrielle presented the department's work plan (FY2025-2028), noting a reorganization that creates a Historic Preservation Planning Manager position (from Zoning Administrator) to free up capacity for long-range planning. Key projects include adoption of the E Street Form-based Code (early 2025 policy conversations), comprehensive plan monitoring program, OpenGov implementation, and legislative initiatives on forest conservation, affordable housing, and park/open space amendments.
    • The work plan is designed to improve transparency, accountability, and cross-departmental coordination. Questions from the board focused on staffing needs (desire for an additional comprehensive planner) and the integration of affordable housing and small area planning into the department's priorities. Mayor O'Connor praised the cross-departmental approach.

Key Outcomes

  • Minutes approved unanimously (3-0).
  • Rezoning (Item 1): No vote taken. The board will schedule another workshop after receiving requested information (alternative site analysis, traffic details, tower design, county representation) before advancing to a public hearing.
  • Temporary Emergency Housing (Item 2): No vote taken. The ordinance will not move forward until state law conflicts are resolved; further discussion will occur at the October 23 workshop.
  • Planning Department Update (Item 3): Received and acknowledged. The work plan will be posted publicly.

Meeting Transcript

Good afternoon and welcome to the mayor and board of Alderman Workshop for the 16th of October. We begin with the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America. And to the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. With 10 years of service, Charles Osherman, Sanitation, Susie Boisclair, Police Department, Andrew Brown, Engineering, Lisa Dilda, Parking, Ben Hose, Housing and Human Services, Richard Toms, Parking, Jenny Henneberry, police. With 15 years of service, Paul Alexander Jr. in the building department, and with 20 years of service. Dennis Ryder of the Parks Department, Dana Kelly in the police department, and Jeff Stupp, sewer maintenance. Thank you all for what you do every day for our residents and for our community. We have minutes to approve October 2nd, 2024. So move. Second. Motion by Alderman Shackerbert, second by Alderwoman Nash. All those in favor. That is 30. Thank you very much. We were notified prior to the meeting that Alderman McShane and Alderwoman Kazemchuk would be unable to attend today. Item number one on our workshop today is discussion of a request to rezone 19.54 acres west of Route 15 and North of Himes Avenue, specifically 585 Himes Avenue, from professional business to institutional floating zone to establish Frederick County's Prospect Center, a multi-functional government services complex. This is a quasi-judicial matter, and so all persons who wish to give testimony or cross-examine a speaker must be sworn in. So if you would like to testify or cross-examine anyone in this matter, I would ask you at this time to please stand and raise your right hand. Thank you. We allow reasonable cross-examination of any speaker. If you wish to cross-examine a speaker, we ask that you make that request prior to or immediately after the speaker is concluded, providing testimony. Failure to make a timely request for cross-examination would be or could be deemed a waiver of that right. Questions should be questions and not preceded by statements, and we ask that you be as concise as possible. We have an introduction of the case by the mayor, a presentation from our staff. Let's see if that comes up now. Apologize. The county has the applicant is requesting to rezone 9.5 acres along US 15, and the exact address of this property is 585 Times Avenue. The property, as you see, as we're all familiar with many different uses have been there as the state farm in the past and the health uh offices and stuff was purchased by the county in 2021. With the understanding the zoning as professional business would allow them to have administrative offices in the existing building that is there at this time. Since then, they have looked at this site for expanding on other services and functions of the county where they are proposing to construct a 3,500 square foot building for communications. They're 911 services that also would uh have associated communications tower on site and a 14,300 and uh square foot vehicle and storage maintenance building. With that, um those staff had looked at what these uses are and where they absolutely could be permitted, and they were not actually uh permitted in the PB zone, so they are here requesting for an overlay of institutional floating zone on part of this property. The uh I guess you want to say it's the western part of the property. Um here I'm really not good at this. Uh as you see here, this is what they're proposing. The blue is the institutional floating zone, and then the purple would remain as PB, and that is approximately six acres, six and a half acres. Um as with institutional, they were to um have findings of fact uh as we look at for population change, availability public facilities, future transportation patterns, and compatibility with the neighborhood and support from the city comprehensive plan. As we know in this area is a um it is adjacent to some institutional cemetery zone property, some residential uses, and of course the PB as it would remain. Um this is uh we've looked at um also too, they've uh analyzed uh alternative sites for their functions and um have selected this site as more appropriate for access and um central for city and county services uh alike. And what else would I want to say for you and no financial impact to the city as we view it and compatibility with uh the urban and design standards in the future under a uh site plan. Um with that I believe I would turn it over to any questions that you might have on this. Thank you. Are there questions for staff? Hi. So let's start with the implementing the policies of the comprehensive plan. Can you talk to me about how this implements the policies of the comprehensive plan? So and the reason I'm bringing that up is that we are to evaluate using section 306 of the land management code.

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