Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, February 18, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, February 18, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Joan Kearns, Jeffery Kepler, Loren Kase, William Vance, Joshua Lorenz, and David Perry. Councilman Regis Synan was not in attendance, as he was representing the Municipality at a meeting with MRM. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus and Municipal Planner Allen Cohen. Before starting the meeting, Council President Joan Kearns asked to have the new camera operator introduced. Mike Przywarty was introduced and Mr. Morrison noted Mike is a Kent State graduate with degrees in Communications and Information Technology. MAYOR BROOKS WELCOMES THE AMERICAN LEGION POST NO. 711 Council President Joan Kearns welcomed members of the American Legion Post No. 711, introduced the eight in attendance and noted some of their service activities, including the flag retirement ceremony, Memorial Day services at five different locations, Flags for Families program, and Flags Over Murrysville. Mayor Brooks then asked each man to introduce himself and tell the branch of the military in which he served. Bill Kratzenberg, Commander of Post 711, then discussed other services the Post provides and activities in which the group is involved. Mr. Kratzenberg then presented the Mayor and Council with a plaque in appreciation and with gratitude to the Mayor, Council and staff for their support of the Post’s many activities. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: Under Workshop Items – Remove Item No. 9A – Discussion of the Geotechnical investigation of Twin Oaks Drive. Mr. Lorenz moved to approve the agenda as amended. Mr. Kase seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS C. JANUARY 21, 2015 MEETING MINUTES TO BE APPROVED Mr. Kepler moved to approve the Consent Calendar items. Mr. Perry seconded. All present voted aye. Motion approved. COMMUNITY INPUT: None. car 2/24/15 Regular Voting Meeting – Wednesday, February 18, 2015 WORKSHOP ITEMS ENGINEERING: 9A. DISCUSSION ON THE GEOTECHNICAL INVESTIGATION OF TWIN OAKS DRIVE. This item was removed from the agenda. COMMUNITY DEVELOPMENT: 10A. DISCUSSION OF THE LAND USE ASSUMPTIONS REPORT WHICH IS PART OF THE PROPOSED REVISIONS TO THE MUNICIPALITY’S TRAFFIC IMPACT FEE ORDINANCE. Municipal Planner, Allen Cohen, told Council that the report being discussed is the first of three phases in updating the Municipality’s Traffic Impact Fee, which has not been updated in over ten years. The first phase includes background data which leads to the activities, projected growth and projected trips in areas. The second phase will be the roadway capacity analysis, which is an assessment of the infrastructure of the roads in the Municipality and their capacity. The third phase will be the actual impact fee assessment. Mike Mudry of Traffic Planning & Design, the consultant on the project working with the traffic impact committee and Planning Commission, further explained to Council that Traffic Impact Fees are authorized in Pennsylvania under Section 5 (a) of the MPC. The Land Use Assumptions report is the first step in revising the Ordinance, which ties in with the Zoning Ordinance and the Comprehensive Plan. The next step is basically a traffic study or roadway sufficiency analysis; the study will include all roads with the exception of Route 22, since the impact fee is meant to generate money for projects off of Route 22 (i.e., Old William Penn Highway, Sardis Road, etc.). The last step will be looking at the Capital Improvement Plan, where projects will be put into the impact fee program, come up with costs for those improvements, making conceptual sketches over aerials showing what the plan will look like, and tying all of that into a fee that will be assessed for land development. The current assessed fee is $1,195 per pm peak hour trip. Mr. Mudry reminded Council that it is a twenty-year plan, so land uses and growth in the Municipality are projected to 2035. Some areas described in the report are: existing land uses, projected changes in land use, densities of residential development, intensity of non- residential development. The report also looks at population growth rates (taken from census data); zoning ordinances are reviewed to determine the types of density permitted in zoning districts; future sewer capacity needed for future development is also reviewed. Mr. Mudry had a map of the Municipality with impact fee districts, which total 6.9 sq. miles, highlighted in red. He noted that the maximum allowed is 7 miles. The purpose of the study is to try to determine the amount of future traffic that will be generated in that area, both residential and non-residential. The residential forecast is in line with the last seven years of building permits issued on average. The non-residential forecast is for approximately 530,000 sq. ft. of potential retail space, 176,000 sq. ft. of office space, and 100,000 of warehouse/light industrial space. He said the impact fee advisory committee held a public hearing and voted 9-0 to forward the report to Council with the hope that Council will pass a Resolution adopting the Land Use Assumptions report. car 2/24/15 Regular Voting Meeting – Wednesday, February 18, 2015 Mr. Cohen advised Council that each phase of the report will require a Resolution, with an Impact Ordinance required when all phases are completed. Mr. Perry asked if the 7 mile maximum is by Statute or determined by a percentage of the Municipality. Mr. Mudry said the Municipality can have as many districts as it wants, but each district is limited to 7 square miles. He said that all money generated in each district must stay within the district; therefore, if there are two districts, there will be the same amount of projects, but the money generated will be split, which makes it harder to fund projects. There were no additional questions or comments from Council. The report will be reviewed for further discussion. 10B. DISCUSSION OF S-5-14, FRANK REMIC PLAN, 6422 OLD WILLIAM PENN HIGHWAY, R-3, 2 LOTS. Greg Kourniodis, representing Mr. Remic, reviewed the proposal to create a third lot out of the two existing lots. He noted that he has been addressing various comments with staff and the engineer regarding storm water and driveway access. A request is also being made to change the name of the private lane to Henry Remic Lane. Mr. Perry questioned the request for a flag lot. Mr. Cohen said one flag lot per plan is acceptable. He also said that all of the review comments made by the Municipal Engineer on the original plan have been addressed. The only remaining issue is the naming of the street, which has been recommended by the Planning Commission, provided it is acceptable to 911. There were no additional questions; this item will be on the agenda for the March 4 meeting. 10C. DISCUSSION OF THE RESTAURANT LIQUOR LICENSE TRANSFER TO ISANO, INC. FOR PREMISES LOCATED AT 4462 WILLIAM PENN HIGHWAY, MURRYSVILLE, PA AND OPERATE THEREON A RESTAURANT WITH LIQUOR LICENSE AS A TENANT OF CREEKSIDE SHOPS, OWNERS OF THE REAL ESTATE AND COMMERCIAL PREMISES ERECTED THEREON. No representative of Isano, Inc. was present. Council discussed this item at the last meeting and there were no further questions. Mrs. Kearns noted that the concern seemed to be the parking, which is based on the original plan approval. Mr. Kepler said that the restaurant is replacing an existing restaurant, so there is no change in use. Attorney Jim Creenan, representing the landowner, not the applicant seeking the license transfer, advised Council that it is the landowner’s belief that there is adequate parking available and if Council needed anything in order to approve the license, his client would be happy to give that consideration. He said the owner of Creekside Shops, where the restaurant will be located, also owns the adjoining shopping center, so if there are any parking agreements needed, they would be happy to meet with the Solicitor to draft those. Mr. Morrison said that there have been modifications to the parking ordinance since the original site plan was approved and, in this particular instance, the parking issue will be satisfied through an agreement with the Village of Murrysville. He continued that this issue has led to a number of other investigations and tools that need to be car 2/24/15 Regular Voting Meeting – Wednesday, February 18, 2015 developed to manage the existing strip malls and developments in the Municipality as new requests for occupancy permits come through. The Planning Commission is now taking on this issue so that staff has clear direction going forward and that there are no questions on the issuance of certificates of occupancy. Mrs. Kearns had concerns about patrons parking in the Village of Murrysville and having to cross Tarr Hollow to reach the restaurant. She said that is an issue the property owners would have to address. Mr. Creenan said the lease area to the restaurant is 2,020 sq. ft. and under the ordinance there must be one parking spot for each 60 sq. ft. of gross floor area (which is not defined by the ordinance). He continued by stating that the gross floor area might be closer to 1,200 sq. ft. based upon the availability of seating to the general public when the kitchen and storage areas are excluded. If using 2,020 sq. ft., 33 parking spaces will be required; if using 1,200 sq. ft., then 20 spots are required. He said the center has 90+ parking spots and parking has been adequate and other than the Subway shop, all other tenants in the structure are more daytime businesses that are not open during restaurant hours. There was no further discussion. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. RECONSIDER APPROVAL OF JIM BOYD’S RESIGNATION FROM THE PARKS AND RECREATION COMMISSION, AUTHORIZE TO ADVERTISE THE VACANCY, AND SEND A LETTER OF THANKS FOR HIS SERVICE. Mr. Perry moved to approve. Mr. Kepler seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Perry – yes. Motion approved. Applications will be accepted until March 18. Mrs. Kearns noted that the term expires December 31, 2017. 13B. CONSIDER JASON RAMALEY’S REQUEST FOR APPOINTMENT TO THE ENVIRONMENTAL ADVISORY COUNCIL AND BE REMOVED FROM THE UCC BOARD OF APPEALS. Mr. Kase moved to remove Mr. Ramaley from the UCC Board of Appeals, advertise the newly-created vacancy and approve Mr. Ramaley’s appointment to the EAC. Mr. Perry seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Perry – yes. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL OF RESOLUTION NO. 640-15, A RESOLUTION FOR THE RESTAURANT LIQUOR LICENSE TRANSFER TO ISANO, INC. FOR PREMISES LOCATED AT 4462 WILLIAM PENN HIGHWAY, MURRYSVILLE, PA AND OPERATE THEREON A RESTAURANT WITH LIQUOR LICENSE AS A TENANT OF CREEKSIDE SHOPS, OWNERS OF THE REAL ESTATE AND COMMERCIAL PREMISES ERECTED THEREON. Mr. Perry moved to approve Resolution No. 640-15 regarding the liquor license transfer. Mr. Lorenz seconded. Mr. Perry asked if the license was only for the property at 4462 William Penn Highway and if another Resolution would be needed if the owner wanted to move it to a different address. Solicitor Kotjarapoglus said once it is car 2/24/15 Regular Voting Meeting – Wednesday, February 18, 2015 approved to move into the Municipality, the Liquor Control Board would then have to approve the move to a different location. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Perry – yes. Motion approved. ENGINEERING: 15A. CONSIDERATION OF A BOND REDUCTION FOR THE BARRINGTON HEIGHTS DEVELOPMENT. Mr. Kepler moved to reduce the bond amount for the performance bond being held to ensure the completion of the required improvements at the Barrington Heights development in the amount of $68,085.60, which will leave $503,011.64 remaining. Mr. Kase seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Perry – yes. Motion approved. 15B. CONSIDER REDUCING THE BOND AMOUNT FOR THE PERFORMANCE BOND BEING HELD TO INSURE COMPLETION OF THE REQUIRED IMPROVEMENTS AT THE BLUE SPRUCE SHOPPES DEVELOPMENT. Mr. Perry moved to release the bond amount for the performance bond being held to insure completion of the required improvements at the Blue Spruce Shoppes development. For site improvements, the bond would be reduced by $122,935 from $348, 206 to $225,271 and for a reduction of $37,125 for landscaping from $140,858 to $103,733. Mr. Kepler seconded. Upon a roll call vote: Mrs. Kearns – yes, Mr. Kepler – yes, Mr. Kase – yes, Mr. Vance – yes, Mr. Lorenz – yes, Mr. Perry – yes. Motion approved. OLD BUSINESS: An interview will be scheduled for March 4 at 6:30 p.m. for an applicant for the EAC. NEW BUSINESS: Mr. Kepler mentioned the light at Triangle Lane is on recall. Mr. Morrison said that he keeps having them reset and as soon as it snows, they go out again EXECUTIVE SESSION: None. ACTION ITEMS: Write a thank-you letter to Jim Boyd and advertise for the Parks and Recreation and UCC Board of Appeals vacancies. Mr. Morrison advised Council that title to the Roberts property was received. Mrs. Kearns mentioned that the Public Works staff has been doing a fabulous job. Mr. Morrison advised that the department has had 33 call-outs, used 3,500 tons of salt and 1,100 gallons of brine. The call-outs have not all been full staff, sometimes only using 3-4 trucks. car 2/24/15 Regular Voting Meeting – Wednesday, February 18, 2015 ADJOURNMENT: Mr. Lorenz moved to adjourn. Mr. Kepler seconded. All present voted aye. The Council Meeting concluded at 8:20 p.m. The Regular Voting Meeting was broadcast on local government Channel 19. A true copy of the Council meeting DVD is available for the public to purchase from the Municipality of Murrysville and is in the Murrysville Public Library for review. car 2/24/15