Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, April 15, 2015 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, April 15, 2015 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Jeffrey Kepler, David Perry, William Vance, Joan Kearns, Loren Kase, Joshua Lorenz, and Regis Synan. Also present were Chief Administrator James R. Morrison, Solicitor George Kotjarapoglus, Finance Director Diane Heming, and Municipal Planner Allen Cohen. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None. CONSENT CALENDAR ITEMS: A. ACCOUNTS PAYABLE B. INVESTMENTS AND TRANSFERS C. MARCH 4, 2015 MEETING MINUTES TO BE APPROVED Mr. Kepler moved to approve the Consent Calendar Items. Mr. Kase seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Carol Raabe of 5071 Ashbaugh Road expressed concerns about the condition of the road which, she said, hasn’t been fixed or improved in over 20 years. She gave pictures to Council to better understand her concerns, especially about the berm of the road and the depth and width of the culvert. She believes this presents a safety issue and asked for Council’s help in fixing the culvert. Mr. Morrison said that Ashbaugh Road has been on the list for the past three years; however, the Municipality has not addressed that road because staff is waiting for Peoples Natural Gas to do pipeline work. He will, however, address the culvert/drainage issue with the Public Works director. Ms. Raabe also commented on the number of gas leaks that have occurred in the neighborhood and the odor from the gas lines. Mrs. Kearns asked Mr. Morrison if there have been any timelines for repairs indicated by the gas company. He said it’s been a practice to notify the utility companies of the roads on the schedule prior to the Municipality’s paving season. The gas company said the work should be done this year. WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 10A. DISCUSSION ON SP-2-15, APPLEBEE’S, 4900 BLOCK OF WILLIAM PENN HIGHWAY, MURRYSVILLE. Municipal Planner Allen Cohen reminded Council that the discussion at a previous Council workshop resulted in requests made to the Applicant concerning staff comments on the feasibility of: (1) aligning the driveways between PNC Bank and the proposed Applebee’s site and (2) meeting the glazing requirements on the rear car 5/12/15 Regular Voting Meeting – Wednesday, April 15, 2015 elevation of the building, potentially shifting the building 90° so the rear elevation would face east as opposed to north. The Applicant came back with comments and analyses on both requests indicating concerns about doing both, consequences of losing parking spaces on both the alignment of the driveways and the re-alignment of the building. Staff review of the comments indicated that, of the two issues, the most feasible change would be the alignment of the driveways, which would only involve losing one parking space. An engineering review of the analysis also indicates the loss of one parking space will be the only consequence. From the standpoint of public safety, good planning & good engineering practices, driveways should align. He said that the use of the property or traffic patterns may change, and having unaligned driveways or streets is a safety hazard. Mr. Cohen continued by stating that, with regard to the shifting of the building, there is more consequence to that in terms of re-engineering the plan because the plan was engineered totally with the alignment as proposed. The question at hand focuses on the request for the waiver submitted to allow for the real elevation not to have 20% glazing. The rationale used in the request is the difficulty or impossibility in meeting the requirement due to the trash dumpster and cooling units which cannot be utilized for that purpose. From a staff standpoint, that would be a reasonable reason that there are limitations to the actual surface of the building to not meet that requirement. He said that if so, Council would be in line to consider that as a waiver request. Staff would also look at the issue of what else could be done - not just waiving the requirement of the 20%, but what can be done with the building itself to address the lack of the glazing. The Applicant has proposed and submitted plans to add additional landscaping and trees, particularly on the side of the building that would cover the area that has the trash dumpster enclosure and cooling unit. The Applicant has also added a number of architectural elements to the building that would complement the site in terms of the appearance of the building itself. All of this is for Council’s consideration of the granting of the waiver with the revisions to the landscape and building plans to accommodate the request. Mr. Perry asked if the landscaping is actually going to screen the dumpsters and coolers. Pat Eulberg, VP of Development for the Applicant, said that the original submittal and building prototype has no exposed dumpster area and no exposed coolers; a ten-foot high split-face block wall is installed around the service yard so that nobody can see into the trash yard or cooler. Landscaping will be installed to hide the existing wall and the landscape architect has been instructed to go as far as possible to add additional vegetation along the public rights-of-way and around the building so that they can meet the intent and spirit of what the ordinance is all about. Mr. Perry asked if this building is in the district where split-face block is a prohibited material. Mr. Eulberg said he didn’t recall that issue coming up in any comments but if it is an issue, he can use a smooth-face material. Mrs. Kearns asked Mr. Eulberg if he had any objection to aligning the driveway with the PNC driveway. Mr. Eulberg said he didn’t and that he understood the spirit, but he was trying not to lose any parking spaces. It was determined that re-aligning the driveway will cause Applebee’s to lose two parking spaces. There was additional discussion about parking and using the PNC lot. There were no further questions on this item and it will be placed on the voting agenda for the May 6 meeting. car 5/12/15 Regular Voting Meeting – Wednesday, April 15, 2015 COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER APPROVAL OF AN ORDINANCE FOR FTMSA REFUNDING OF BONDS. Mr. Kepler moved to go into Committee of the Whole; seconded by Mr. Perry. Tom Lynch, bond counsel for FTMSA, told Council that they bring before Council the 925-15 Ordinance for the guarantee of the new debt of the Authority to re-fund the 2010 bond issue. He explained that they are using the “not to exceed” approach because the new debt has not been priced by the underwriter. He noted that it is anticipated that they will be priced within a few days and the rates are very favorable and somewhat better than expected. The state allows adoption up to a maximum amount, but when actually filed, the bonds will have been priced and the guarantee will only be up to the actual amount of the bond issue, which is expected to be $4.9 million. When the state approves the $4.9 million, that will be the amount that Murrysville is obligated to guarantee. Mr. Lynch further explained that if the actual amount comes in above the “not to exceed” amount, the state will not approve the guarantee. Mr. Morrison said there have been a number of questions raised about the difference between the Ordinance being at being 6.1 and 4.9 as identified this evening. He said there have been several discussions with Mr. Lynch and the Authority’s financial advisors, and stated that staff felt it would be best to talk with the Municipality’s bond counsel to resolve the question of how the Municipality can lock in and make sure that the borrowing doesn’t exceed what needs to be to pay off the debt and the associated costs. Mr. Morrison had given Council a document which contained language recommended by the Municipality’s bond counsel and subsequently agreed to by the Authority’s counsel, which does the best it can do to keep the lid on the money. Once the bond sale takes place, the number will be locked in and the Municipality’s commitment will be to DCED when the data is forwarded by FTMSA bond counsel. Solicitor Kotjarapoglus explained that Mr. Lynch indicated that the Ordinance and guarantee agreement go into escrow so that if the $4.9 amount is exceeded and Murrysville has a problem with the amount over, Murrysville can direct that it not be released out of escrow to go to DCED. Mr. Lynch said that is correct. Mr. Kepler asked for confirmation that the refunding is only to pay off the 2010 bond and asked what the current debt is on that bond. Mr. Lynch said it was and that the debt is $4.7 million. The difference in the amount is for fees and accrued interest to be paid on the bond. Mr. Lynch also said that there is money available to fund the debt service reserve account. There were no further questions. Mr. Synan moved to come out of Committee of the Whole; Mr. Perry seconded. Mr. Kepler moved to approve 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 refunding of the 2010 General Obligation Bond Issue in the amount of $6,100,000. Mr. Synan seconded. Mr. Morrison commented that it would be the Ordinance as presented to Council this evening with the edited notes. Prior to the vote, Solicitor Kotjarapoglus asked when the Authority needed the original signed car 5/12/15 Regular Voting Meeting – Wednesday, April 15, 2015 Ordinance and guaranty agreement. Mr. Lynch said it would like the documents by next week. The Solicitor advised that the Mayor was out of town and would not be able to sign them for two weeks and no one could sign in lieu of the Mayor. The Solicitor advised that the Ordinance can be voted on and would survive and be valid even though the Mayor can’t sign it. He noted that the guaranty agreement would also not be signed. Mr. Kotjarapoglus advised that the Ordinance would still be subject to the Mayor’s veto power until April 30. The Ordinance has to be presented to the Mayor within 5 days and he then has 10 days to file an objection. If the Mayor doesn’t file any objection, it is considered valid under the Charter. Mr. Lynch said that was acceptable. Mrs. Kearns asked Mr. Kepler, the maker of the motion, if it is acceptable to add the words “…Ordinance No. 925-15 as presented on April 15’.” Mr. Kepler agreed; Mr. Synan, who seconded the motion, also agreed. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Synan – yes. Motion approved. 13B. CONSIDER APPROVAL OF RESOLUTION NO. 643-15, DISPOSAL OF RECORDS. Mr. Synan moved to approve Resolution No. 643-15, authorizing the disposal of certain public records, archives and printed public documents. Mr. Kase seconded. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Synan – yes. Motion approved. COMMUNITY DEVELOPMENT: Prior to beginning discussion and vote on Items 14A through 14D, Mr. Lorenz moved to go into Committee of the Whole; Mr. Perry seconded. All present voted aye. Bill Sittig, representing Speedway, addressed Council regarding all four requests. There were no questions concerning 14A, Subdivision. As for Item 14B, Conditional Use, Mr. Sittig said his client has complied with all criteria and conditions set by Council, all of which were acceptable by Speedway. Mr. Sittig is requesting that Council approve the Conditional Use application with conditions. Item 14C, Conditional Use to develop within a wetlands buffer, isn’t to develop actually within the wetland, but to allow the construction of a wall adjacent to the wetland. Mr. Sittig said that, with regard to Item 14D, Site Plan, there have been modifications to the site plan per Council’s request and he believes the revisions have addressed Council’s concerns. He noted a request was made for additional landscaping or a fence and, in discussing that with the Speedway representatives, their preference would be to install a landscape green buffer subject to staff’s approval. There were no additional questions from Council on any of the items. Mr. Lorenz moved to come out of Committee of the Whole; Mr. Perry seconded. All present voted aye. car 5/12/15 Regular Voting Meeting – Wednesday, April 15, 2015 14A. CONSIDER S-12-14, SPEEDWAY, GOLDEN MILE HIGHWAY, B ZONING DISTRICT, TAX PARCEL 49-03-00-0- 195, 2 LOTS. Mr. Kepler moved to approve S-12-14. Mr. Kase seconded. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Synan – abstain as his son has a business relationship with the owner of the property. Motion approved. 14B. CONSIDER CU-4-14, SPEEDWAY, A CONDITIONAL USE APPLICATION TO ALLOW PROPERTY LOCATED AT GOLDEN MILE HIGHWAY, PROPOSED TO BE USED FOR THE CONSTRUCTION OF A GASOLINE STATION/CONVENIENCE STORE, GOLDEN MILE HIGHWAY. Mr. Kase moved to approve CU-4-14, including all conditions. Mr. Lorenz seconded. Mr. Morrison asked if the Applicant accepts the conditions as presented in the briefing under Item #VI. Referring to Condition #4, Mr. Perry asked if the Applicant has reviewed and understands Murrysville’s noise ordinance, which is very comprehensive, complicated and detailed. Mr. Sittig said he has not reviewed the ordinance. Mr. Kearns asked to expand Condition #11, referring to restricted hours for garbage collection, to include deliveries of materials to the store, so that the deliveries take place between 7:00 a.m. and 10:00 p.m. The Applicant is acceptable to that condition. NOTE: the condition limiting all deliveries was subsequently added as condition #14. Mr. Perry asked if the Municipality will need to have a consultant review the Applicant’s report on the pre- opening baseline test and, if so, who will be responsible for paying for that review. Mr. Kepler said the cost would be mainly for bringing in equipment to do the test and hire someone to review it. Mr. Synan said it would be at the Applicant’s expense. Mr. Perry said the baseline testing is at the Applicant’s request, but the Municipality will have to hire someone to review that report, which will cost a few thousand dollars. Mrs. Kearns asked if it is the intent to use the loudspeakers only when someone is having a problem at the pump and someone responds, or are there plans to pipe music outside. Mr. Perry clarified that the condition listed says “any sound emanating from site loudspeakers…” and he sees that as whatever comes out of the speakers – emergency or not – needs to meet the Municipality’s ordinance. Mr. Kepler said the ordinance deals with sustained-type noise and if it’s a one-time event, the ordinance does not apply. Mr. Lorenz said that there are video screens at each pump and if those screens have some sort of constant noise coming out of them, staff needs to make sure that’s addressed as well. The Speedway representative sitting in the audience commented that the screens are silent and made other comments, which were not audible because he was too far away from the microphone. Mr. Lorenz said he has seen those screens before and, although there is no music being piped out, there is still some sound coming out of the speaker. Again, the comments from the Speedway representative were not audible. Mr. Perry said Council is back to “sound emanating from site loudspeakers and video screens.” Mr. Kepler noted that the ordinance doesn’t contemplate doing a baseline for every change done; it’s more for over certain thresholds, so if there’s a complaint due to the noise itself coming from the gas station, the experts would figure out how to do the proper sampling under certain conditions to make sure it’s not above the threshold and causing a hardship. Mr. Perry asked if Mr. Kepler was okay with that issue. Mr. Kepler replied that, with the pre-opening baseline, he doesn’t believe condition #4 is relevant to the Municipality’s ordinance and it can be removed as a condition. Mr. Lorenz asked Mr. Kepler to clarify that if there is a problem as far as noise exceeding the boundaries of the property that would be considered a car 5/12/15 Regular Voting Meeting – Wednesday, April 15, 2015 “nuisance” under the ordinance, it would then be addressed. Mr. Kepler said, as an example, someone wouldn’t do a baseline sump study before a new neighbor moves in; it would have to be done based on an accepted threshold. Mr. Perry said that, even though the first sentence of condition #4 may not be relevant, he would like to keep the bolded sentence which refers to the costs of any study being the responsibility of the applicant, because the ordinance doesn’t specify that the cost is at the applicant’s expense. Mr. Kepler asked Mr. Morrison to clarify who is responsible for covering the cost of the study if there is a complaint. Mr. Morrison said it is the responsibility of the complainant. Rusty Young, the Speedway representative, approached the microphone and asked if there is anything that tells what the foot candles can be at the property line and, if so, the company that makes the speakers can calibrate them so that the volume is at the appropriate threshold. Mr. Morrison said that the foundation of the ordinance was to establish a baseline prior to the noise generator so that any degree above that baseline was then measured and enforced. There was some continued discussion regarding the noise issue and Mrs. Kearns asked Mr. Morrison to give a copy of the noise ordinance to the Speedway representatives. Mr. Kepler asked to have a condition added that would ensure that there would be no music being played through the speakers. That was added as #15. Mrs. Kearns expressed a concern regarding the sudden emergence of picnic tables and benches appearing for outside dining and asked if that was something that was on the horizon for this project and whether a condition should be added regarding this issue. Mr. Sitting requested that, if that condition was added, Speedway would have to come before Council for approval if it decided to allow outdoor dining. That was acceptable to Council. Mr. Perry suggested that condition #16 read that any site plan change would require Council’s approval. Mr. Cohen noted that condition #10 indicates a fence or additional landscaping and believes the motion should indicate Council’s preference. Council agreed to change the condition to read “The revised landscaping plan illustrating additional tree plantings along the south border be accepted to serve as a buffer.” Mrs. Kearns then restated the motion: Approve CU-4-14, Speedway gasoline station and convenience store on Golden Mile Highway, with 16 conditions, all accepted by the applicant. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Synan – abstain as his son has a business relationship with the owner of the property. Motion approved. 14C. CONSIDER 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 ZONING ORDINANCE, GOLDEN MILE HIGHWAY. Mr. Kepler moved to approve CU-5-14, wetlands buffer intrusion on Golden Mile Highway. Mr. Kase seconded. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Synan – abstain as his son has a business relationship with the owner of the property. Motion approved. car 5/12/15 Regular Voting Meeting – Wednesday, April 15, 2015 14D. CONSIDER SP-8-14, SPEEDWAY CONVENIENCE STORE, SITE PLAN, 3846 GOLDEN MILE HIGHWAY, CONVENIENCE STORE/GASOLINE STATION. Mr. Lorenz moved to adopt SP-8-14. Mr. Perry seconded. Mr. Cohen added that the only condition is that the site plans be revised to reflect all 16 conditions adopted under the conditional use. Mr. Lorenz amended his motion to include that condition, which was approved by Council and agreed to by the applicant, as well as a required payment of the traffic impact fee in the amount of $124,480.00. Mr. Perry seconded the amendment. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Synan – abstain as his son has a business relationship with the owner of the property. Motion approved. 14E. CONSIDER SP-2-15, APPLEBEE’S, 4900 BLOCK OF WILLIAM PENN HIGHWAY, MURRYSVILLE. Mr. Kepler moved to approve SP-2-15, with the 5 conditions noted in the briefing. Mr. Perry seconded. Mr. Perry commented that he hates split-face block. Steve Krekus, Director of Development for Applebee’s, said he looked at the rendering and found that it’s EIFS, so it’s the same as the front and sides of the building. Mr. Lorenz said there needs to be discussion on where the building is situated on the lot and the alignment of the two driveways. Mr. Kepler said he is not in favor of rotating the building; he doesn’t like the back of the building facing east because it will be readily visible coming down the hill. He likes the orientation as it is now. Mr. Lorenz asked for clarification of the thought process for rotating the building. Mr. Morrison said the two major traffic generators are Rt. 22 and Old William Penn and he felt rotating the building would make the best presentation from those two access roads. He said the building would be pushed toward a developed site and, with landscaping, would aid in hiding the dumpster/cooler area. Council members viewed different renderings of the rear elevations of the building – with and without landscaping. There was also continued discussion about the type of shrubbery to be planted. Mr. Krekus said the landscape designer was instructed to be consistent with PNC since that was an approved landscape plan, so that was the starting point. Mr. Kepler said he believes the driveways should be aligned. Mr. Morrison made a point about aligning the driveways and mentioned that drivers will ultimately use the driveway as a pass-through from Old Rt. 22 to Rt. 22 and there will be conflicts when the driveways are offset. Mr. Kepler then amended the motion to exclude condition #4 (rotating the building) and include condition #5 to align the driveways. Mr. Synan seconded the amendment. Mr. Morrison asked if the applicant accepts the conditions. Mr. Krekus responded in the affirmative. All present voted aye. Amended motion approved. Mrs. Kearns then read the motion, as amended: Approve SP-2-15, Applebee’s Restaurant site plan, 4900 block of Route 22 next to PNC Bank, with the conditions as approved this evening, not to include condition 4, with the traffic impact fee of $33,460. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Synan – yes. Motion approved. car 5/12/15 Regular Voting Meeting – Wednesday, April 15, 2015 ENGINEERING: 15A. CONSIDER APPROVAL OF BOND RELEASE FOR SP-1-10, NEWLONSBURG OFFICE BUILDING. Mr. Synan moved to release the bond being held for the completion of the required improvements at the Newlonsburg Professional Building in the amount of $29,500. Mr. Kepler seconded. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Synan – yes. Motion approved. 15B. CONSIDER BOND RELEASE FOR BARRINGTON HEIGHTS. Mr. Synan moved to release the bond being held for the completion of the required improvements at the Barrington Heights development in the amount of $26,228.30. Mr. Lorenz seconded. Upon a roll call vote: Mr. Kepler – yes, Mr. Perry – yes, Mr. Vance – yes, Mrs. Kearns – yes, Mr. Kase – yes, Mr. Lorenz – yes, Mr. Synan – yes. Motion approved. OLD BUSINESS: Mrs. Kearns noted that applications are still needed for the Personnel Board. Mr. Morrison said this is critical because Sergeant’s exams were recently held and, within the next few weeks, staff will be prepared to make recommendations to the Personnel Board. Right now, the Board lacks a quorum. Mr. Kepler asked what would happen if there is no quorum. Mr. Morrison said there will be no certification of the Sergeant’s exam from the Personnel Board and he was not aware of any other option, but would review the Code. Mr. Morrison said two additional people are needed for the Board. Mr. Morrison also noted that an article appeared in the Penn-Franklin soliciting volunteers for the advisory board and said it was a very well-written article and, hopefully, people will show an interest in serving on the board. NEW BUSINESS: None. EXECUTIVE SESSION: None. ACTION ITEMS: None. ADJOURNMENT: Mr. Kase moved to adjourn. Mr. Lorenz seconded. All present voted aye. The Council Meeting concluded at 8:14 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 5/12/15