THE CITY OF FREDERICK

101 NORTH COURT STREET

FREDERICK, MARYLAND 21701

UTILITY COMMITTEE

Minutes

Wednesday, September 10, 2003 - Room 214, City Hall - 9:00 a.m.

Present: Marc Stachowski, Keith Brown, Dan Christy, Alderman Marcia Hall, Alderman Bill Hall; Chair, Alderman Donna Ramsburg, Paul Lee, Chuck Boyd, Fred Eisenhart, Ms. Dotti Bernsten, Mr. Gene Stull, Eileen Farrar

Item 1: Approval of Minutes of August 13^th , 2003 meeting

Minutes of August 13^th , 2003 were tabled.

Item 2: Continued discussion from August 13^th, 2003 meeting of a request by Mr. Gene Stull regarding an existing easement and possible purchase of a parcel of land owned by the City of Frederick.

Discussion: Mr. Stull explained on a map where the property that he wanted to purchase from the City was located. Fred Eisenhart further defined the locations on a city map including where the location of the city water facility and stated that the Tuscarora receiver treatment facility is currently not in service. Mr. Stull asked to purchase this land for $1,200 an acre. Alderman Ramsburg stated that this property was located in the watershed area. Alderman Ramsburg, Alderman Bill Hall, and Alderman Marcia Hall all agreed at this point that they would not allow Mr. Stull to purchase this property. Mr. Stull next explained to the committee that he would like to have access to his parcels that adjoin lot #3 on the map as shown by Mr. Eisenhart. Mr. Eisenhart stated the reasons why the city would not want anyone to purchase that property and the uncertainty of the running of the ground water. Mr. Dan Christy stated the reasons why it is important that the water quality in that area be protected. Mr. Eisenhart stated what the impact could be if we allow development on that property. Alderman Marcia Hall added that if we grant the easement, then the next step would be the planning for development.

Motion:

Alderman Ramsburg moved to denied a request by Mr. Gene Stull regarding an existing easement and the possible purchase of land owned by the City of Frederick. Alderman Bill Hall seconded. Vote: 3-0 in favor of denial.

Item 3: Discussion and consideration of a request by Ms. Dotti Bernsten regarding the property at 7611 Willow Road in Frederick to be allowed to use the current well and septic system and be deferred from use of city water as required by zoning law until the appropriate water allocation becomes available.

Discussion: Ms. Bernsten explained how she purchased the property at 7611 Willow Road in April to house a retail business and that it was annexed into the city in 1995 but remained a residential multifamily use until today. Ms. Bernsten explained the change of use to commercial and the need for water allocation. Mr. Dan Christy explained where on the map the water and sewer hook up would be. Ms. Bernstern had engineers do a study to see what the water use would actually be. Fred Eisenhart stated that Ms. Bernsten could not get water until she had public sewer, which is currently provided by the county. Alderman Ramsburg stated that she did not have a problem with Ms. Bernsten using the well until water allocation is allowed. Mr. Chuck Boyd asked about the availability of water in six months and explained how this property has not had public water and sewer. More discussion was held on the cost of running a water line to the area involved. Additional discussion was held on the comprehensive plan and the future of the water connection to properties in Ms. Bernsten’s area.

Motion: Alderman Marcia Hall moved to recommend the approval of a request by Ms. Dotti Bernsten regarding the property at 7611 Willow Road in Frederick to be allowed to use the current well and septic system and be deferred from use of city water as required by zoning law until the appropriate water allocation becomes available and within six months of notification by the city of water and sewer. Seconded by Alderman Bill Hall. Approved 3-0.