Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, April 6, 2016 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, April 6, 2016 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Tony Spadaro, Jamie Lee, David Perry, Joan Kearns, and Jeffery Kepler. Councilmen Josh Lorenz and Loren Kase were not in attendance. Also present were Chief Administrator James Morrison, Solicitor George Kotjarapoglus, Finance Director Diane Heming and Municipal Planner Allen Cohen. PUBLIC HEARING A Public Hearing began at 7:00 p.m. on CU-7-2015, Akhrass Major Excavation, property at 4017 Saltsburg Road, Fill Operation. Joseph Khalil of OSI-Infinity, representing Dr. Akhrass, explained to Council that the rear of the property in question has a ditch. PennDOT has a project nearby and the applicant would like to use the dirt from that project to fill the ditch and elevate the rear of his property in the event he would like to develop the property at some time in the future. Mrs. Kearns asked what was in proximity to the property. Mr. Khalil indicated on the drawing that the property was on the corner of Saltsburg Rd. and Route 286 and a restaurant/pastry shop is nearby. Mrs. Kearns asked about the depth of the fill and Mr. Khalil said the maximum fill will be 20 feet. Robert Chaney of 5382 Margaretta Court told Council that work had been done on this same property last year and the work was done at night using spotlights that shined into his living room (his home is directly across Rt. 286 from the applicant’s property); the work continued until 3:00 or 4:00 a.m. He asked if the work to be done will again be done at night. Chief Administrator Jim Morrison asked if PennDOT did the prior work and was told it did. Mr. Morrison said that, typically, PennDOT works at night and asked if PennDOT would be doing the fill. Mr. Khalil said he didn’t know if PennDOT would be doing the work again, but believes there is an ordinance that defines when contractors can start and finish. Mr. Chaney said that his neighbors, Kristin & Mike Macioce, did call the Municipality about the problem last year. Mr. Morrison said that Council could place a condition defining the work hours. The applicant, Amir Akhrass, said that the contractor is Plum Contracting, which is a PennDOT contractor, and that Plum normally works during the daytime. Mr. Morrison said that Plum operates when PennDOT tells it to operate. Dr. Akhrass said he will discuss that with Plum and specifically ask that the workers not disturb the neighbors. Mrs. Kearns said that Council can require that the work be done during certain hours. Mr. Chaney said there are trees along Route 286 on the opposite side of the road, some of which have been taken down, and asked if more trees would be planted. Mrs. Kearns said it is up to the owner as to how far the fill is going to go and what he intends to use as a buffer. Mr. Khalil said if the property is to be developed, the owner would have to provide a landscaping plan, but for now, he just wants the fill while the dirt is available. He said he does not believe that any more trees will be taken down. car 4/12/2016 Regular Voting Meeting – Wednesday, April 6, 2016 Mr. Perry asked if there were any wetlands in the area and was told there are none. He asked if the Municipality typically requires a wetland survey; Mr. Morrison said there should be some acknowledgment that it was checked and it would be part of the Engineer’s review. He said he would check to see if that had been done. Mrs. Kearns asked about the existing 15” pipe shown on the plan. Mr. Khalil said that is for run-off from the road. Municipal Planner Allen Cohen said that there is a review letter from Mr. Dietrick indicating some questions that need to be answered, which would have to be answered as part of any approval, as well as other requirements concerning bonding. There was no further discussion and the Public Hearing was closed at 7:13 p.m. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: None. Mr. Kepler moved to approve the agenda as presented. Mr. Spadaro seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. MARCH 16, 2016 MEETING MINUTES TO BE APPROVED Ms. Lee moved to approve the Consent Calendar items. Mr. Kepler seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Jerianne Benish of 2869 Schade Hill Road, Irwin, who owns property on Hills Church Road, told Council it has come to her attention that the third educational session on environmental issues with natural gas drilling to be presented may include presentations by people who are biased against fossil fuel development and is concerned that the presentations will include misleading information and questionable resources or sources of research. She is proposing that staff contact certain professors at Indiana University of Pennsylvania who have been studying surface water in the area of the Beaver Run Reservoir. She said the first two sessions have been very informative, productive and objective and asked to continue on this same informative path and keep the session balanced. Mr. Morrison said he has proposed to Council to invite Marsha Haley and Michael McCawley, both of whom have investigated air pollution, hydraulic fracking, vapor dispersion and blow outs and other types of explosions and set-backs as they relate to state regulations in Colorado, Pennsylvania and Texas. He said the Municipality isn’t biased and is trying to give a rounded view of the issue. Barbara Sims of 3837 Hills Church Road thanked Council for giving residents the opportunity to learn about plans and procedures for drilling Marcellus gas wells in Murrysville. She noted that most of the leases already signed are for ten years and asked if Huntley and Huntley would be able to return to the wells to drill again. She said this issue was not addressed at the last meeting and is a real concern. She still believes that Marcellus drilling is an industrial process and will be detrimental to the 33% of Murrysville in the overlay district, and to all of Murrysville. car 4/12/2016 Regular Voting Meeting – Wednesday, April 6, 2016 WORKSHOP ITEMS COMMUNITY DEVELOPMENT: 11A. DISCUSSION ON CU-7-2015, AKHRASS MAJOR EXCAVATION, PROPERTY AT 4017 SALTSBURG ROAD, FILL OPERATION. Council discussed the normal work schedule and was advised that hours are from 7:00 a.m. to 7:00 p.m. Monday through Friday, with Saturday’s time ending at 3:00 or 4:00 p.m. Ms. Lee noted Mr. Dietrick’s comment #7: “time limit for completion of earth work should be provided,” and asked if staff had any sense of that at this point. Mr. Morrison recommended that staff ask the applicant to talk with Plum Contracting to find out the terms of the agreement, including the scope of work and length of time. Regarding the wetland question, Mr. Khalil informed Council that the applicant has received an approval letter from the Westmoreland County Conservation District indicating that the site has been reviewed and there is no hydric soil on the property and no wetlands exist on the site. Mr. Cohen recommended that the applicant respond to Mr. Dietrick’s comments in writing before Council acts on the request in order to prepare a proper agenda briefing with all conditions listed. The applicant was asked to provide the response within a week so the item can be placed on the April 20 meeting agenda. 11B. DISCUSSION OF A REVISION TO SP-3-14, MAPLE COMMONS SITE PLAN, TO REVISE THE USE AND PARKING ALLOCATION OF THE CENTER. Brian McGee spoke on behalf of the developer with a proposal to change part of the plaza’s use. Originally, the plaza was approved for partial restaurant/fast food, with the rest to be used for retail. The proposal is to take 2,329 sf of the west corner of the center to be used for a restaurant, which will require a change of parking. The final approved site plan allowed for 72 parking spaces; however, with the proposed change, an additional 2 parking spaces will be needed. Mr. McGee has presented an agreement to Nicklas Supply for the use of two spots in that lot, if needed, and is waiting for the owner to return from travelling to get the agreement signed. Mr. McGee is asking Council to approve the revised site plan pending receipt of the signed agreement from Nicklas. Allen Cohen reminded Council that, in addition to the restaurant and retail in the plaza, there was an office building proposed and the parking spaces for the site included that building and the retail/restaurant plaza. In order for the count to be accurate and meet the requirements under the scenario with the new restaurant, the office building can’t be built. That would revise the original site plan to exclude the office building. Mr. McGee said his client is okay with that. The applicant would have to submit revised plans showing the new parking scenario and removal of the office building (amended approved site plan). Ms. Lee asked if the agreement would be binding on a new landowner if anything were to happen to Nicklas Supply. Mr. McGee said that the agreement is drafted with Nicklas, but he would address that issue. Mr. Cohen said staff would need to verify that issue, and also verify that the removal of two parking spaces from Nicklas would not put them in violation of not having sufficient parking. He also noted that the space where the office building was to go could also be car 4/12/2016 Regular Voting Meeting – Wednesday, April 6, 2016 paved for parking. Both of the above conditions would be made subject to the issuance of an occupancy permit. There was discussion among Council regarding actually getting a revised site plan with parking requirements noted on the plan. Mr. Cohen said the request would be a condition of any action by Council; this approval is basically giving the go-ahead that the applicant is willing to provide the two additional spaces he will need and, as part of the occupancy permit process, Council must be provided with a site plan showing that and an agreement or plan for paving must be supplied. Mrs. Kearns asked Solicitor Kotjarapoglus how comfortable he is with Council conditionally approving an agreement that they haven’t seen. The Solicitor said at this point Council is approving letting the applicant proceed with what he wants to do, but he still has to come in with a final drawing. The Solicitor said no permits will be issued until all documents have been received and Council will be seeing the final drawing. Mr. Cohen said if Council wishes to act on the request with the conditions discussed, there will be an amendment to the developer’s agreement with these terms, as well as an acceptance of the conditions. Mr. Kepler said he is uncomfortable approving something he hasn’t seen. Mr. Perry said he is okay with it because it’s only two spaces and, worst case scenario, the owner can pave over some green space to get the two needed spaces. Mr. Kepler said he is okay with approving a letter giving Council’s consent to head in that direction, but not a revision to the site plan. Mr. McGee said he has a tenant that needs proof of Council’s approval and he is running out of time. 11C. DISCUSSION OF SP-1-16, ROLLING FIELDS GOLF COURSE, CLUBHOUSE EXPANSION, 4128 HANKEY CHURCH ROAD. Sean Naylor, of Red Swing Group, representing Rolling Fields Golf Course, explained that the owner wishes to add a 1,500 sf addition for storage, with future potential use for the golf pro shop. Mrs. Kearns said it was not explained to Council that this will be used as a retail facility. Mr. Naylor said it is currently proposed to be used for storage; there are no utilities being put in the building. Rich Walsh, one of the owners of Rolling Fields, explained that the building will be used for bag storage, and the current pro shop, now located in the main building, will then be moved into a big portion of the new building. Moving the pro shop will open the main room and enable the owner to have larger golf outings. Mr. Cohen said this is a relatively minor land development and, if it was under 1,000 sf, it would be under administrative approval. The request is for a small addition to an existing facility. The request has gone through the review process and has been recommended for approval by the Planning Commission. There were no questions from Council and this item will be on the April 20 meeting agenda. car 4/12/2016 Regular Voting Meeting – Wednesday, April 6, 2016 COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER AUTHORIZATION TO ADVERTISE THE FLOORING BIDS FOR THE COMMUNITY CENTER. Ms. Lee moved to approve the advertisement for flooring at the Community Center and Senior Citizens’ area. Mr. Spadaro seconded. All present voted aye. Motion approved. 13B. CONSIDER APPROVAL OF THE EXONERATION OF PARCEL #49-14-00-0-026, THE MANNO PROPERTY, FOR THE TAX YEAR 2015 FORWARD. Mr. Kepler moved to approve the exoneration. Mr. Spadaro seconded. Diane Heming reported that the Manno property was acquired by the Municipality along with the Roberts and van de Venne properties. In order for the Municipality to get the property off the tax records, Council must first exonerate the Municipality’s portion of the real estate taxes. She has already asked the School District to exonerate its share and once she receives both approvals, the request will be forwarded to the County for its exoneration. The Solicitor will then assist in preparing a document to have the property exempt in total. Mr. Morrison said this is the connecting parcel between Duff Park and the van de Venne property and will remain open space in perpetuity. Upon a roll call vote: Mr. Spadaro – yes, Ms. Lee – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Kepler – yes. Motion approved. 13C. CONSIDER AUTHORIZATION TO ADVERTISE RFP NO. 36-16 FOR TRASH AND RECYCLING SERVICES FOR THE MUNICIPALITY OF MURRYSVILLE AND THE BOROUGH OF EXPORT. Mr. Perry moved to approve the advertisement. Mr. Kepler seconded. Cherie Weber explained that Export Council approved the advertisement of the RFP with one change (to add a trash dumpster in another park). Ms. Weber said that she incorporated Council’s prior suggestions into the RFP: remain with manual trash but get a bid for automated collection; continue with automated recycling (request bids for both weekly and bi-weekly collection); 5 yearly leaf collections; include electronic and household hazardous waste collection free to residents; drop the fuel surcharge and replace it with “equitable adjustment;” route supervisor and/or local contact required; quarterly billing, senior citizen rates, trash stickers. There were no questions from Council. Upon a roll call vote: Mr. Spadaro – yes, Ms. Lee – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Kepler – yes. Motion approved. car 4/12/2016 Regular Voting Meeting – Wednesday, April 6, 2016 13D. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 947-16, AN ORDINANCE AMENDING CHAPTER 47 – PERSONNEL POLICIES. Ms. Lee moved to approve the advertisement. Mr. Spadaro seconded. Mr. Morrison explained that the police officer eligibility list will expire in April; the advertisement for candidates for the next list is being prepared. The proposed amendments are suggested due to the decrease in the pool of qualified candidates. Mr. Perry asked about the rationale for increasing the number of candidates to be interviewed from 10 to 15. Mr. Morrison said it was to give a greater number to pull from and 10 was too limiting. Mrs. Kearns asked if there was a reason for the drop in the number of applicants. Mr. Morrison said he believes it’s just a decline in general interest in the profession; the State Police are having the same problem. The hope is that trained military police coming out of the service will have an interest in municipal police duties. There was no further discussion. Upon a roll call vote: Mr. Spadaro – yes, Ms. Lee – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Kepler – yes. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL OF A REVISION TO SP-3-14, MAPLE COMMONS SITE PLAN TO REVISE THE USE AND PARKING ALLOCATION OF THE CENTER. Mr. Perry moved to conceptually approve the to-be submitted site plan approval subject to a final review and approval by Council for the Maple Commons SP-3-14. The changes to the site plan include deletion of a 2,000 sf building and the requirement to add 2 additional parking spots either via an agreement between the adjacent property owner or on-site repaving to accommodate the 2 additional parcels and to allow the addition of a restaurant containing approximately 2,400 sf. The motion will also include and reference §7 (conditions and restrictions) of Council’s briefing. Mr. Morrison asked if the applicant accepts the conditions and he replied with a head nod. Solicitor Kotjarapoglus clarified that Council is contemplating a final plan coming for approval and that the applicant is proceeding with any change of position at his risk until final approval by Council and Mr. Perry added that wording to his motion. Ms. Lee seconded the motion. Upon a roll call vote: Mr. Spadaro – yes, Ms. Lee – yes, Mr. Perry – yes, Mrs. Kearns – yes, Mr. Kepler – yes. Motion approved. OLD BUSINESS: Mr. Morrison said staff is anticipating inviting Marsha Haley and Michael McCawley, both professors at West Virginia University to speak at the next information session scheduled for April 27, 2016. Staff felt it was important to bring these two in because the big issue seems to be with setbacks and they take a look at setbacks and address air pollution, vapor dispersion and blow-outs. NEW BUSINESS: None. EXECUTIVE SESSION: None. car 4/12/2016 Regular Voting Meeting – Wednesday, April 6, 2016 ACTION ITEMS: None. ADJOURNMENT: Mr. Spadaro moved to adjourn. Ms. Lee seconded. All present voted aye. Motion approved. The Council Meeting concluded at 8:05 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 4/12/2016