Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, April 1, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, April 1, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members William Vance, Regis Synan, Jeffrey Kepler, Joan Kearns, Joshua Lorenz, and Loren Kase. Councilman David Perry was not in attendance. Also present were Mayor Robert Brooks, Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, Finance Director Diane Heming, and Public Works and Parks Director Bob Bell. MAYOR BROOKS WELCOMES MEDIC ONE Mayor Robert Brooks welcomed Darrick Gerano, Director of Murrysville Medic One, and commented on the quick response Medic One had to the events of April 9, 2014 at Franklin-Regional High School. He noted that the group has been recognized nationally for its response and actions on that day. Mr. Gerano said he was only one small part of a total team effort, which included the 911 dispatchers, the school workers, and police department. He said personnel have been called to other communities and groups to discuss what they learned, what they found worked, and what didn’t work. Mr. Gerano has spoken at the PEMA conference and also to groups on triage. Mayor Brooks said Murrysville is very proud of the Medic One staff and all that they do for the community and asked Mr. Gerano to tell residents how they can help support Medic One. Mr. Gerano said Medic One dealt with over 18,000 patients last year. It is involved with vehicle rescue, rope rescue, assisting other areas with emergency support services, water rescue/dive team, and wilderness search & rescue. Medic One has received numerous recognitions on the local and national level. It is the EMS Strike Team for Pennsylvania, being deployed to assist following hurricanes and tropical storms. Over 200 people were trained in CPR in 2014. Mayor Brooks presented Mr. Gerano with a certificate of appreciation. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: Under Executive Session – Add Item 19A – Personnel Issue. Mr. Kepler moved to approve the agenda as amended. Mr. Kase seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: None. COMMUNITY INPUT: Jeff O’Connor said that everyone he has spoken to indicate that the Speedway project is a “done deal” because it is a permitted use in the area. He asked Council to place conditions on the usage of the facility. He said if Speedway wants to be a good neighbor it should limit the hours of operation as the company has done at its facility in Oakmont. He doesn’t believe the business needs to be open 24/7. He is concerned about traffic exiting onto Logan Ferry Road and asked that Council place a restriction on turns. Melissa DeStefano of Timberwood Court said Council needs to focus on the words “conditional use” as defined in the Municipality’s zoning codes and ordinances. She made reference to Article V, Chapter 220-28, Section A of the Murrysville Charter, which states that in considering an application, Council shall give due regard to the health, safety and general welfare of the public. Section B also states that Council may impose requirements and conditions as the Council may deem necessary for the protection of affected and/or adjacent properties. car 4/28/15 Regular Voting Meeting – Wednesday, April 1, 2015 She also cited the Municipality’s Zoning Code, Article III, District Regulations, Section 220-18-1. Her home is 1,250 from the proposed site. She said Council has the authority, the need and the right to protect those residents most affected by this proposal. She noted that the Planning Commission suggested conditions to be imposed on the developer, but believes that Council needs to do more, just as the neighboring community did when faced with a similar conditional use application from Speedway. She said that there has been a precedent set by Speedway in Oakmont where the hours of operation of the gas station are limited. There is also enforcement of a strict no loitering policy at the Oakmont facility, as well as a reduction in the proposed number of fuel bays and no right to install banner signs on the property. The rational on these conditions was to address neighbor impact of the Speedway development, all of which were agreed to by Speedway. She then discussed building design and said that there is construction being done in other parts of Murrysville with higher standards of design than the one being presented by Speedway. She concluded by stating that she and her neighbors support development in the community, but they support responsible development, provided that the development does not have a negative impact on its residents, especially those most affected. WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 10A. DISCUSSION ON S-12-14, SPEEDWAY, GOLDEN MILE HIGHWAY, B ZONING DISTRICT, TAX PARCEL 49-03- 00-0-195, 2 LOTS. 10B. DISCUSSION ON CU-4-14, SPEEDWAY, A CONDITIONAL USE APPLICATION TO ALLOW PROPERTY LOCATED AT GOLDEN MILE HIGHWAY, PROPOSED TO BE USED FOR THE CONSTRUCTION OFD A GASOLINE STATION/CONVENIENCEW STORE, GOLDEN MILE HIGHWAY. 10C. DISCUSSION ON CU-5-14, SPEEDWAY, A CONDITIONAL USE REQUEST FOR THE SPEEDWAY PROJECT, TO ALLOW FOR DEVELOPMENT WITHIN A WETLANDS BUFFER UNDER THE PROVISIONS OF SECTION 220-42 OF THE MURRYSVILLE ZOINING ORDINANCE, GOLDEN MILE HIGHWAY. 10D. DISCUSSION ON SP-8-14, SPEEDWAY CONVENIENCE STORE, SITE PLAN, 3846 GOLDEN MILE HIGHWAY, CONVENIENCE STORE/GASOLINE STATION. Bill Sittig, representing Speedway, told Council that a couple things that may have given a misimpression of the quality of the Speedway facility are those that have been conversions of old gas stations. He said the biggest disservice was in the renderings presented; they were basic building elevations and weren’t made to impress, but were for dimensions. He then went on to describe the changes made to the proposed development, which included variations in the color of the brick, stone highlights, and fenestrations which were not shown on the prior elevations. The canopies are made of higher quality, more durable materials and the building is all masonry. He said he believes Speedway has responded to Council’s comments. car 4/28/15 Regular Voting Meeting – Wednesday, April 1, 2015 Mr. Sittig said the law is clear and there is no basis for limiting the hours. It must be very clear that there is demonstrable harm in the record. He said there are two kinds of conditions that can be imposed: those that support the record and address harm to the community and those that are accepted by the applicant. He said there was a whole different set of circumstances in Oakmont regarding the hours of operation. He continued that there is no need to keep the store open if it doesn’t make sense – if there really aren’t hours, or if the competitive environment changes, the store will be shut down accordingly. Speedway is not looking to keep it open for advertising; it is to be able to have the flexibility to do business. He then discussed some of the issues that were mentioned regarding the Oakmont facility and said that Speedway is open to those things that are reasonable that makes Speedway a healthier, more vibrant and beneficial part of the community. He is open to suggestions as Council sees fit and will respond to those concerns. Mr. Vance said that, during his recent travels, he stopped at gas stations that played loud, annoying music out of the speakers and asked that either no music be piped out or, if it is, try to make it less offensive. Mr. Sittig said this is an example of things that the company can commit to; it doesn’t think any of that should be heard off- site. If the music can be heard on-site and residents don’t like it, that’s a bad business decision; if it can be heard off-site, that’s an imposition on the neighbors. With respect to the hours of operation, Mr. Lorenz asked if there are any other restrictions on hours of operation placed on any other gas station within the Municipality. Mrs. Kearns said she doesn’t believe there are; it’s a decision of each gas station and if they don’t find it profitable, they don’t stay open. Mr. Lorenz said he, too, was not aware of any restrictions placed on any other gas station. Mr. Kase asked for confirmation that the awning doesn’t light up, but that the lights are recessed and shine down; the only thing that lights up is the “Speedway” name. Mr. Sittig said that is correct. Mr. Kepler noted that, on the landscaping plan, there are five evergreen trees planted in line with the pumps on the south side of the development and asked if they could be planted further back to block the garbage, parking and building. Mrs. Kearns suggested a six-foot high shadow fence beyond the evergreens rather than extending the trees back. Mrs. Kearns also wanted additional conditions placed on the developer. Section 220-57(a) of Murrysville’s Code prohibits the stacking of material or goods for sale outside a fully enclosed building. Municipal Planner Allen Cohen agrees that this should be a condition. The other condition deals with garbage and trash pick-up and would like it restricted to 7 a.m. to 10 p.m. Mr. Sittig said his client would agree to that condition. There were some positive comments made by Mrs. Kearns about the upgrade of the building design. She asked Council if the conditions discussed were acceptable to then and whether they wanted to add any other conditions. All were acceptable and no additional conditions were requested. This item will be placed on the voting agenda for the April 15 meeting. There was continued discussion on the sites in Oakmont and Carmel, Indiana, and how those sites differ from the Murrysville development, as well as conditions imposed on various sites. Rusty Young, a Speedway representative, said he wasn’t too familiar with the Carmel site, but that it is rare for the hours of operation to be restricted. It is usually a self-imposed restriction on operating hours, i.e., if there is very little business between midnight and 5:00 a.m., the store may choose to close. car 4/28/15 Regular Voting Meeting – Wednesday, April 1, 2015 10E. DISCUSSION ON SP-1-15, APPLEBEES, BLOCK OF 4900 WILLIAM PENN HIGHWAY, MURRYSVILLE. David Neill of the EADS Group, representing Apple American, advised Council that the Conservation District has not reviewed the NPDS permit submission. The site had previously received storm water and NPDS approval from the Conservation District; however, Apple American is applying as a co-permittee to the site. The site was previously designed for a 70% impervious coverage for the storm water management and various discharges to the stream, and the development presented is 59% coverage. The storm water will be collected through various inlets and an additional underground storm water detention facility to the east of the building because there is a requirement for the run-off rate and volume. He discussed the site restrictions and the plans to overcome those restrictions in order to bring everything back around to the existing storm water detention facility currently on site so that the permitted discharge into the stream can be used. He discussed the existing storm water management operation maintenance agreement and submitted a copy of the agreement from 2013 for Council’s consideration. He said he could then update the storm water management drawing, showing the additional piping and additional underground detention facilities to be included with the management agreement. Mr. Neill said the glazing requirement was discussed with the Planning Commission and noted that a request for a waiver to the variance requirement for the rear of the building has been submitted. He said that by adding the higher parapets to hide the mechanical equipment on the roof, the face of the building was expanded, thereby expanding the glazing requirement. He said the actual area for the dining room, less the parapets, cooler and dumpster enclosure, meets the glazing requirement for the front and sides of the building; however, because of the cooler and dumpster enclosure, the rear glazing requirement cannot be met. He said there were elements integrated into the design to try and make the dumpster enclosure more of an architectural element and less a chain link fence. Mr. Lorenz asked when it is anticipated construction would begin, assuming the project is approved, and how long construction is expected to last. Mr. Neill said it should begin within a week of approval. Steve Krekus, Director of Construction, said that once approved, the landlord will begin site work, which is anticipated to take 45-60 days. Actual construction of the building will take an additional 90+ days. Mrs. Kearns noted that the planting schedule shows 120 Nordic hollies and asked if the code requires that many. Mr. Morrison they need a mix of both low and high, but he wasn’t sure of the percentages. Mr. Neill said the plan mirrors the PNC landscape plan because they want the plan to look like one contiguous site. Mrs. Kearns had a concern that deer would come from the wooded area across both Rt. 22 and Old William Penn and use the area as a feeding station. She asked that they consider shorter trees to go along with the red maples as opposed to having so many hollies. Mr. Kepler said he appreciates the thought of having a contiguous look and feel of the two properties and felt that was a positive decision. Mr. Morrison asked if there was a reason the two access points (PNC & Applebee’s) were not aligned. Mr. Neill said it was an effort to keep the access in line with the back of the building so that traffic could exit straight out rather than curving around. Additionally, the existing storm water detention facilities are in that area, and they car 4/28/15 Regular Voting Meeting – Wednesday, April 1, 2015 are trying to keep the building and heavy traffic off of the existing facilities as much as possible. Mr. Morrison said his concern is parking requirements and noted that, although the plan exceeds the parking requirements, on busy nights he believes the PNC lot will need to be utilized. He said that, typically, the Municipality requires intersecting streets to be opposite of each other to permit more traffic flow and requested that the developer take a look at that issue. Mr. Morrison then asked if there had been any consideration of turning the building 90 degrees so that the back of the building is towards the west, rather than on Old William Penn. Mr. Neill said they had originally looked at that, but with the restrictions of the existing storm water and trying to fit all the parking in with the access lane requirements, he couldn’t make it fit. Mr. Morrison asked if he would be willing to consider turning that if he could show him a drawing. Mr. Neill said if Mr. Krekus wanted to do it, then he would. Mr. Synan asked for clarification of Mr. Morrison’s request to turn the building and asked if he meant turning it to the east, rather than the west. Mr. Morrison said it would be turned 90 degrees clockwise, which would turn the back to the east. His rationale for that is that it would put the back of the building so that it isn’t visible from either Rt. 22 or Old William Penn, which would then make the glazing variance request more palatable. This item will be placed on the voting agenda for the April 15 meeting. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL TO ADVERTISE AN ORDINANCE FOR FTMSA REFUNDING OF BONDS. Tom Lynch, bond counsel for FTMSA, explained that the Sanitary Authority wants to re-fund the 2010 bond issue, which would result in a savings over the first few years, extend the debt by two years and provide some relief in this case. He said the guarantee is something the Municipality has done previously that would get savings increased because of the taxing power. Mr. Lynch previously provided a proposed advertisement to the Municipality’s solicitor and come before Council to answer any questions. Mr. Kepler referenced a document from a prior FTMSA showing a table that calculates the present value of the bond, which shows a present value savings of $27,000. He asked if the calculation included all the fees. Mr. Lynch said it did. There was discussion on the payments, savings, rate structure; Mr. Lynch said the re-funding will lower the debt service for the next three years, resulting in no rate increases for three years. Following the discussion, Mr. Kepler moved to approve for advertisement Ordinance No. 925-15, an Ordinance authorizing the execution and guarantee agreement between Franklin Township Municipal Sanitary Authority and the Municipality of Murrysville for FTMSA’s re-funding of the 2010 general obligation bond issue. Mr. Synan seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. car 4/28/15 Regular Voting Meeting – Wednesday, April 1, 2015 13B. CONSIDER APPROVAL TO EXONERATE REAL ESTATE TAXES ON THREE PARCELS EITHER DEEDED TO, DONATED TO OR PURCHASED BY THE MUNICIPALITY. Mr. Synan moved to exonerate Municipal real estate taxes on three parcels of land located in the Municipality of Murrysville as noted: map #49-13-00-0-043, Meadowbrook Road – 2014-15 and forward; map #49-14-02-0-124, Twin Oaks Lane – 2015 and forward; map #49-14-05-0-114, Gates Avenue – 2014-15 and forward. Mr. Kase seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. 13C. CONSIDER APPROVAL OF RESOLUTION NO. 642-15, DISPOSAL OF RECORDS. Mr. Lorenz moved to approve Resolution No. 642-15, disposing of certain public records, archives and printed public documents, including items listed in Addendum A. Mr. Kase seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. 13D. CONSIDER APPROVAL TO ACCEPT THE RESIGNATION OF TIMOTHY GEARY AS THE ZONING HEARING BOARD SOLICITOR AND APPOINT LARRY LOPERFITO AS THE NEW ZONING HEARING BOARD SOLICITOR. Mrs. Kearns moved to approve. Mr. Synan seconded. Mr. Morrison explained that he received a phone call from Mr. Geary in which Mr. Geary advised he is retiring and recommended Mr. Loperfito, a partner in Mr. Geary’s firm, as his replacement. Mr. Morrison said he felt comfortable that Mr. Loperfito is qualified to represent the Zoning Hearing Board and made a recommendation to Council that they approve it. Upon a roll call vote: Mr. Vance – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. COMMUNITY DEVELOPMENT: 14A. DISCUSSION ON S-3-15, LEY PLAN OF LOTS SUBDIVISION, 5191 ASHBAUGH ROAD, 3 LOTS. Mr. Synan moved to approve S-3-15, Ley Plan of Lots No. 2, 5191 Ashbaugh Road, conditioned upon receipt of DEP approval. Mr. Kepler seconded. Mr. Morrison advised that the issue with Sardis Volunteer Fire Co. has been resolved; staff received a signed document from the chief. The only issue outstanding, which should be a condition of approval, is the approval from the DEP on the sewage planning module, which should be received soon. Upon a roll call vote: Mr. Vance – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. car 4/28/15 Regular Voting Meeting – Wednesday, April 1, 2015 PUBLIC WORKS AND PARKS: 16A. CONSIDER AUTHORIZATION TO ADVERTISE FOR MATERIAL BIDS. Mr. Synan moved to approve the advertisement for bids for various road materials and guide rail installation on Hankey Church Road. Mr. Kase seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. 16B. CONSIDER AUTHORIZATION TO ADVERTISE FOR DEER CARCASS REMOVAL. Mr. Kase moved to approve advertisement of requests for proposals for removal of deer carcasses on Municipal roads. Mr. Lorenz seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. 16C. CONSIDER AUTHORIZATION TO ADVERTISE FOR CONTRACT MOWING OF ADMINISTRATION BUILDING AND PARK LAND. Mr. Lorenz moved to authorize to advertise for mowing and trimming of various municipal properties. Mr. Kepler seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. 16D. CONSIDER AUTHORIZATION TO ADVERTISE FOR CHAMBERS PARK TENNIS COURT REPAIRS. Mr. Kase moved to authorize advertisement for bids for the repair and painting of the tennis courts at Chambers Park. Mr. Kepler seconded. Upon a roll call vote: Mr. Vance – yes, Mr. Synan – yes, Mr. Kepler – yes, Mrs. Kearns – yes, Mr. Lorenz – yes, Mr. Kase – yes. Motion approved. OLD BUSINESS: Mr. Kepler asked for a status on the progress of the Route 22 light project. Mr. Morrison said staff will be meeting on April 8 with the supplier of the pre-emption equipment for the emergency vehicles. The state has authorized the contractor for the installation of the equipment – the in-sync system – to begin to prepare workshop drawings so they can be forwarded and evaluated. He said things are moving along nicely. He did say, however, that they thought they hit a because bump because they wanted a low-bid item for the radar sensors and the Municipality said no – we want electronics – so they were able to work it out. Mr. Morrison said he believes he will hear in mid to late April that the equipment has been approved and the contractor has indicated that it will then be a very quick process going forward. NEW BUSINESS: None. EXECUTIVE SESSION: Council adjourned to Executive Session on a Personnel Issue at 8:35 p.m. and reconvened at 8:59 p.m. There was no action coming out of that session. ACTION ITEMS: None. car 4/28/15 Regular Voting Meeting – Wednesday, April 1, 2015 ADJOURNMENT: Mr. Kepler moved to adjourn. Mr. Kase seconded. All present voted aye. The Council Meeting concluded at 9:00 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 4/28/15