THE CITY OF FREDERICK

101 NORTH COURT STREET

FREDERICK, MARYLAND 21701

UTILITY COMMITTEE

Minutes

2:00 p.m.

Tuesday, August 28, 2007, City Hall – Board Room

Aldermen Present: Alderman Hall, Alderman Koontz, Alderman Imhoff.

City Staff Present: Saundra Nickols, Attorney; Keith Brown, Water Superintendent; Chip Stitely, Sewer Superintendent; Tom Davis, Deputy Director of Operations; Gene Walzl, Project Engineer; Zachary Kershner, Acting City Engineer; Sarah Stamper, Engineering Secretary; Gabrielle Collard, Planner.

Citizens/Representatives Present: Mr. Mike Watkins, Harris Smariga & Associates; Mr. Mike Bowersox, Sunshine Management; Mr. Seymour Stern, Stern & Kresslein.

Item 1: Approval of the minutes from the meeting of July 24, 2007.

Alderman Imhoff moved to approve the minutes as published. Alderman Koontz seconded the motion and the minutes were approved 3-0.

Item 2: Discussion of a request by Mr. Mike Bowersox, Sunshine Management, to permit 7000 Rock Creek Drive, located in the City, to be used as a “Beauty Salon” while having a well and septic until the City can provide water and sewer service.

Mr. Bowersox, Sunshine Management, stated that he had contacted Mr. Gattrell, Frederick County Health Department, and that Mr. Gattrell stated that he could design a repair for the septic system that would accommodate a beauty salon. Mr. Gattrell had also stated that several beauty salons on wells already exist in the County.

Mr. Brown asked if the permit/repair was based on water volume, and/or if the chemicals needed to operate a beauty salon had been considered.

Mr. Bowersox stated that the County had asked about the number of units.

Mr. Brown stated that he would like to see a letter from the County indicating that the system could handle disposal of the chemicals involved in operating a beauty salon business.

Mr. Stitely stated that he had talked to Ms. Gilmore of the County, and that she had expressed concern about the ability of the system to handle the volume.

Alderman Imhoff asked when the City was scheduled to bring water and sewer to that area with the Bowers High Zone project.

Mr. Brown indicated that water to this area exists now, but sewer does not. He further stated that the Birdseye View & Kline projects would run water and sewer to the area, and that the adjacent/surrounding areas would be required to hookup to the City systems at that time.

Alderman Imhoff stated that he thought it was conceivable that City water and sewer would be installed in that area within the next 5 years.

Mr. Bowersox stated that when he had contacted Josh Bazis, City Planner in charge of the Water Service Contracts, that Mr. Bazis would not speculate about the timeframe for water and sewer extension to the property in question.

Alderman Hall noted that development in the location in question always seems imminent, but has not yet occurred.

Alderman Imhoff asked Ms. Collard if she was familiar with any upcoming developments in that area which may be in the approval process. Ms. Collard stated that she was not aware of any pending projects in that area.

Mr. Davis asked if the County had given Mr. Bowersox a design for the system.

Mr. Bowersox stated that the issue arose when he was looking for a plot plan. He submitted a written request for the plot plan to the County, but the information couldn’t be found. Then he contacted the County Sanitarian who stated he had designed a septic system for that area three years ago. The Sanitarian told Mr. Bowersox that he (Mr. Gattrell) could design a system for a beauty salon.

Alderman Imhoff stated that if Mr. Bowersox could get a permit from the health department, and that since it would only be a short time until City water and sewer was provided, that he would not have a problem granting the request. Alderman Koontz agreed.

Alderman Hall stated that she would like the permit/approval to address the issue of chemical disposal, as well as water capacity.

Mr. Bowersox replied to Mr. Davis’s question by stating that there is a functioning well on the property.

Alderman Imhoff moved to recommend approval for well and septic service to Tax Map 406, Parcel 2184, 7000 Rock Creek Drive, with the septic field contingent upon the applicant receiving the appropriate approvals from the County Health Department for both volume and content. Mr. Bowersox is to forward a letter of approval to Mr. Chip Stitely, of the Frederick City Sewer Department.

The Alderman directed Mr. Stitely to followup with the applicant, and if the appropriate letter is received from the County, to move the item forward and place on a future Mayor and Board agenda.

Mr. Koontz seconded the motion which was unanimously approved 3-0.

Item 3: Followup to a request made at last month’s meeting by Harris Smariga & Associates, on behalf of the City of Frederick Housing Authority, to abandon a current sanitary sewer easement and allow a reduced easement limit.

Mr. Mike Watkins, Harris Smariga Associates, presented the request in the absence of Mr. Chris Smariga. Mr. Watkins used a sketch as a visual aid and stated that at last month’s meeting the committee asked for clarification of the graphic in the water line and to make the easement uniform on the plat.

Mr. Brown noted that since the project was heard at a Streets & Sanitation Committee meeting, it was discovered that the street in question was NOT a public street. Therefore, the City would need an easement for the waterline in the street unless the street was made public. The City did not realize it was providing service to a private street.

Alderman Imhoff stated that the issue must be researched. He wants any existing documentation to be researched and located, and a determination as to whether the Housing Authority has any authority to do Homeowner’s Association work.

Mr. Brown stated that the Housing Authority wanted the City to takeover only a portion of the street as public.

Alderman Hall stated that this matter would be continued until after the Streets & Sanitation Commission has re-reviewed the matter and until the outstanding issues are clarified.

Item 4: Discussion of a request from Harris, Smariga & Associates, to either allow plantings in a storm drain easement, 10 ft. away from the storm drain, OR to allow the easement to be re-recorded to reduce the size of the easement to follow what is needed for the storm drain only.

Mr. Watkins presented the request. He used a sketch for a visual aide. He stated that in the process of site plan approval to record the lot for Brooklawn, it was discoved that according to the Land Management Code, plantings are not allowed in easements. At the time that Fairfield was built, it was anticipated that there would be another building on that lot. There is a storm drain easement to the north of the property AND an easement on the southern edge of the property. The outfalls convey water from the facility off the property. There is one building on Brooklawn, and one on Fairfield. The existing facility could be moved to the right. The southern part of the property needed screening from the parking area. The parking facility is on the corner of the easement for the storm drain outfall. As proposed, the request is for an exception to allow the applicant to plant trees in the easement (it would still be 10 ft.) or to re-record a smaller easement.

Alderman Imhoff asked about an area where it was piped to the creek. The response was that there was a 15 inch existing pipe.

Ms. Nickols stated that if the code says no plantings in the easement, then the Utility Committee cannot grant an exception to the law.

Alderman Imhoff suggested that the Planning Commission could accept a fee in lieu although there is another code which requires screening for parking areas.

Mr. Stitely noted that there is also a phone line within the easement, as well.

Mr. Brown stated that the water meter vault would need redesigned.

Mr. Kershner entered the meeting at this point.

Alderman Hall stated that since the item was not within Utility Committee purview, she declined to express an opinion.

Mr. Watkins asked if the easement could be abandoned.

Mr. Seymour Stern, Stern & Kresslein, entered the meeting at this point. He stated that when Sedgewick built the project he put many easements to the City of Frederick onto the property. He planned to purchase part of the property. The City Engineer at the time, Mr. Jeff Holtzinger, stated that the City never wanted all those easements. Therefore, prior to closing on the properties there were a lot of documents recorded to remove the previous easements from the property. Mr. Stern feels that the easement situation has been corrected.

Alderman Imhoff asked if the City could determine if it desired to have an easement.

Mr. Stitely stated that an access easement would be needed.

Ms. Nickols stated that the City would need to see the corrected documentation.

Alderman Imhoff stated that it was up to the applicant to research the existing conditions. He also directed City Engineering and Operations staff to determine if, operationally, the City should give up the easement as requested by the applicant.

Alderman Hall continued the item to the September meeting to allow the applicant and staff time to research and provide feedback on the item.

There being no further business, Alderman Koontz moved to adjourn the meeting at 2:50 p.m. Alderman Hall seconded the motion which was unanimously approved with a vote of 3-0.

The next meeting is tentatively scheduled for September 25, 2007.