Council of the Municipality of Murrysville

Regular Voting Meeting – Wednesday, December 6, 2017 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, December 6, 2017 at 7:00 p.m. in the Municipal Building. Present at the meeting were Council members Joan Kearns, Tony Spadaro, Josh Lorenz, David Perry, Loren Kase, and Jamie Lee Korns. Absent from the meeting was Councilman Jeffery Kepler. Also present were Mayor Robert Brooks, Chief Administrator James Morrison, Solicitor George Kotjarapoglus, Finance Director Diane Heming, and Municipal Planner Allen Cohen. Prior to the meeting, Mayor Brooks welcomed Nick Dorsch of the Murrysville-Export Rotary Club who explained the Rotary’s project of raising funds for and constructing the Miracle Field at Murrysville Community Park for children and adults with special needs and disabilities. He told of the additional amenities at the complex – walking trail, rest rooms, changing rooms, multi-sport court, handicap-accessible playgrounds, and a pavilion with tables. Mayor Brooks then introduced Scott Coy and his daughter Ryleigh, both from Penn Township, who talked about his father and that his family tries to do something every year to honor him. The Coy family made a significant donation towards the completion of the Miracle Field and has requested that Miracle Field Drive be renamed to Ron Coy Way. Mayor Brooks and Mr. Dorsch thanked the Coy family for their contribution. PRESENTATION BY MAYOR BROOKS TO JAMES MORRISON (2017 OUTSTANDING ACHIEVEMENT AWARD) Mayor Brooks talked about his eight years as Mayor and the person who has stood by him and helped to carry out plans for the ideas that he (Mayor Brooks) came up with. Each year the Mayor has the opportunity to honor an employee who he thinks merits special recognition for his or her service. He then welcomed Jim Morrison, Murrysville’s Chief Administrator and presented him with a plaque thanking him for enabling the visions for Murrysville to become a reality. Mr. Morrison explained his past years working in the public and private sector and coming back to work in Murrysville, for the second time. He said he appreciates the opportunity to work in his hometown and serve the local residents while working with a great Mayor, Council and staff. PRESENTATION BY THE CHIEF ADMINISTRATOR TO DAVID JOBE and MARK PISONE (2017 EXCELLENCE IN MURRYSVILLE AWARD) Mr. Morrison honored two employees, Mark Pisone and Dave Jobe, for their service to the Municipality. Mark began work with the Municipality in 1992, left for a short time to work in the private sector, and then returned to the Municipality in 20___. Mr. Morrison explained that Mark and Dave are code enforcement officers and building inspectors. They respond to complaints of all kinds, send out enforcement notices, as well as attend Magistrate hearings when necessary. Mark attends to most of the code enforcement issues, while Dave’s main responsibility is to review building plans. Both are being recognized for their efforts in implementing new programs and bringing the department into the computer age. Mr. Morrison presented Mark Pisone with an engraved plaque with sincere appreciation for his work. Dave Jobe was unable to attend the meeting and will receive his plaque at a later time. car 12/28/2017 Regular Voting Meeting – Wednesday, December 6, 2017 PUBLIC HEARINGS 1. A Public Hearing on CU-2-17, Murrysville Pump Station, 6445 William Penn Highway, Conditional Use Application, a comparable use that is not specifically listed in the zoning use table in the Business District began at 7:25 p.m. Municipal Planner Allen Cohen explained that this matter was originally advertised for a public hearing on November 1 and the applicant requested an extension to November 15. Council did not have a quorum at the November 15 meeting and it was rescheduled to November 30. Applicant’s representatives were not available on November 30; therefore, this matter comes before Council at this meeting. Mr. Cohen explained that the Municipality’s ordinance lists various uses in the Table of Uses that are permitted or allowed by conditional use. The use proposed for a pump station for petroleum is not specifically listed but there is another category called “other uses not specifically listed” similar to other uses. It was a determination by the zoning officer that this is a use that is comparable and that is listed is a conditional use. Thus the reason for tonight’s public hearing. Kenneth Foltz, representing the applicant, explained the proposed project and also presented a power point to enhance his presentation. The property in question was the site of a former landscaping business and the building will be removed as part of the project. The purpose of the project is to build two pumps that will have the ability to reverse the flow of the petroleum pipeline that currently exists at the property that carries fuel from east to west. Buckeye Pipeline would like to be able to reverse the flow because there are currently refineries in the mid-West area that have the capacity to be able to pump fuel in that direction. This will not be a manned facility, but will occasionally send a crew to the site for maintenance. Mr. Foltz further explained that he believes the request is consistent with the Murrysville Code as the code does provide that a use not provided for shall be utilized in a district where a generally similar use is either provided by right, conditional use or special exception which, in this instance would fall in the lines of light manufacturing, heavy manufacturing or an essential services building. They also believe the use is consistent with the neighboring properties and, therefore, the request should be granted. There were no questions from Council or anyone in attendance and the hearing was closed at 7:30 p.m. 2. A Public Hearing on CU-3-17, Murrysville Pump Station, 6445 William Penn Highway, Conditional Use Application, Major Excavation, was begun at 7:30 p.m. Mr. Foltz explained that Buckeye is seeking this conditional use because there are portions of the property that exceed the 40% grading limitation in the Murrysville ordinance. An engineering group was engaged to do on- site testing to determine whether or not the proposed development, with the existing slope conditions, would be sufficient to hold the pad and pumps without any destabilization problems. Robert Olah of Barr Engineering Company was introduced and explained that a site specific geotechnical investigation was done for the property in April 2017. Mr. Foltz questioned Mr. Olah regarding a map presented showing certain areas in which the topography is currently steeper than 3-1 and other areas where the slope will be 2-1. Mr. Foltz presented a geotechnical report prepared by Mr. Olah in August 2017 and asked if, in his professional opinion, Mr. Olah believed that the proposed development at the site with the existing grades car 12/28/2017 Regular Voting Meeting – Wednesday, December 6, 2017 exceeding the 40% limitation will not create a destabilizing situation with the additional development. Mr. Olah replied that would be correct. Mayor Brooks asked if much of the hill would be taken away. Mr. Olah said the intent is for it to be a balanced site, so material excavated would then be placed as fill material. There were no questions from the audience or Council and the hearing was closed at 7:35 p.m. 3. A Public Hearing on CU-5-17, Spinola’s Bakery Relocation, 4403 Old William Penn Highway, Conditional Use, M-U District, began at 7:35 p.m. Stacy Spinola, owner of Spinola’s Bake Shop, explained that she opened a bakery in Murrysville in 2010 and had two goals at that time: (1) to create a job for herself, and (2) create jobs in the community. Since she opened, she has created 3 full-time positions and also uses local students as seasonal help. She is one of a few “scratch” bakers in the area and works with local community colleges teaching interns how to bake from scratch. She is not at a point where she would like to own he own space and is before Council tonight regarding a conditional use application. Todd Baldwin of Civil & Environmental Consultants was retained by the applicant to provide the site design and prepare the conditional use application. A survey of the property was also prepared and submitted with the application. He explained that staff recommended that Council approve the application subject to the applicant executing a storm water management operation and maintenance agreement, to which the applicant has no objection. Mr. Baldwin then explained the project and showed a drawing of the site. There were no questions from the audience. Mr. Perry asked if Ms. Spinola intended to turn the business into a production bakery. Ms. Spinola said her business is classified as a retail bakery, which has always been her premise, and the intent is to continue selling fresh baked goods and coffee. She also intends to keep to the original character, architecture and design of the building, which was built in 1935. Mrs. Lee Korns questioned parking facilities and said she had been invited to parties at her current location at other times and asked if Ms. Spinola was going to continue to offer parties. Ms. Spinola said that at this point, that is something that she will not be able to continue. She explained the parking area and proposed ingress/egress driveway. Mrs. Kearns asked if there were plans to have an eat-in area. Ms. Spinola said the business is not considered a restaurant but will have a few chairs and table available to sit with customers for wedding consults or while the customer is waiting to have a cake decorated, etc. Municipal Planner Allen Cohen commented that both the parking and use questions are relevant since the use as a restaurant/café would not be permitted in the mixed use district. He said if Council wanted to put that as a conditional of approval that would be appropriate and also consistent with the ordinance. He also commented that if Ms. Spinola was going to offer parties, that wouldn’t be approved because there would not be enough parking to allow that use. Mr. Perry asked Ms. Spinola how delivery trucks were going to be able to get in and out because it a pretty narrow piece of property. She said she does not get deliveries by large tractor trailers and the smaller trucks will be able to enter and exit using the drive area previously shown. Also, her deliveries come at 5-6 a.m., so there is not much traffic to contend with. car 12/28/2017 Regular Voting Meeting – Wednesday, December 6, 2017 Mr. Spadaro mentioned that there had been discussion about putting a “right turn only” sign at the exit of the driveway and asked if a decision had been made. Mr. Baldwin said that the right turn only sign has been added to the plan. There were no further questions and the hearing was closed at 7:51 p.m. 4. A Public Hearing on CU-6-17, First Presbyterian Church-Medic One Ambulance Garage, 3237 Sardis Road, Conditional Use, M-U District, Major Excavation, began at 7:51 p.m. Rick O’Mahony, Building and Grounds Chairman for Medic One, advised Council that there has been a substantial water problem that has affected the Murrysville Fire Department’s field, with the most of the water originating in the church parking lot behind the Medic One facility. Over the years, the drainage pipe has substantially deteriorated. The fire department, in conjunction with the Westmoreland Conservation District, was successful in obtaining a Growing Greener grant to address the storm water run-off problem. Medic One’s goal is to consolidate and provide one facility to house its equipment, including ambulances, transfer ambulances, wheelchair vans, and other specialty equipment. Some of the equipment is currently based in the building on Sardis Road, with additional equipment in a rented facility at another location in Murrysville. A packet of drawings/maps was provided to Council for review during the remaining presentation. Kathy Hamilton, Westmoreland Conservation District, explained that a few years ago DEP wanted to see some erosion control management and storm water/water quality projects in the Turtle Creek Watershed. First Presbyterian Church and Murrysville Vol. Fire Co. partnered with the Conservation District to do a project on the Church site that would also correct issues down the slope on the Fire Company’s property. The Church was built in the 60s when there were no storm water management requirements, thereby causing a lot of erosion in the gully going from the Church property. The proposed plan is to put in a few rain gardens in the Church parking lot to correct the erosion issue on the slope where the water discharges over the hillside, and put in a detention basin that would provide water quality and storm water control for some of the water coming from the Church. This would result in less sediment and less pollution to Haymaker Run and the Turtle Creek Watershed. This issue is before Council for a Conditional Use because some of the slopes that will be impacted are over the 25% requirement in Murrysville’s ordinance. Dante Cellitti of Morris Knowles Associates advised that the firm was hired by Medic One to do the civil site plans and geotechnical investigation. Medic One is proposing to construct a 9,600 sf building with five doors on each side, creating a drive-through facility. He explained the storm water controls and, due to the site constraints, there were problems meeting the storm water volume. There were no questions from anyone in the audience or Council and the hearing was closed at 7:59 p.m. REGULAR VOTING MEETING AGENDA UNISTED AMENDMENTS: Executive Session to be moved from Item 19 to prior to the Workshop; ADD - Item 11C: Discussion of SP-3-17, Pump Station; Move Items 11C, D, E, and F down and renumber as 11D, E, F, and G; ADD – Item 14C: SP-3-17, Pump Station; Move Items 14D, D, E, F, and G down and renumber as 14D, E, F, G and H. car 12/28/2017 Regular Voting Meeting – Wednesday, December 6, 2017 Mrs. Lee Korns moved to approve the agenda as amended. Mr. Lorenz seconded. All present voted aye. Motion approved. CONSENT CALENDAR ITEMS: A. NOVEMBER 1, 2017 MEETING MINUTES TO BE APPROVED Mrs. Lee Korns moved to approve the Consent Calendar items. Mr. Spadaro seconded. All present voted aye. Motion approved. COMMUNITY INPUT: Lou Turka of 5292 Mamont Road had questions regarding the JB Tonkin Compressor Station and the diagram previously presented by the applicant regarding the request for the noise ordinance waiver. He also asked if residents would be notified of scheduled blow-downs at the station and was told that Dominion will be working with the Municipality to notify residents. Thomas Turka, Mr. Lou Turka’s son, asked if the Municipality or the neighbors have to give the waiver. Shawn Gallagher, representing Dominion, responded to Mr. Turka’s questions and discussed noise being carried on the wind, monitoring the noise, and doing post-construction noise surveys. Mayor Brooks asked what the resident’s options would be if he felt the noise has gotten louder. He was advised to have the resident bring that to Dominion’s attention and it would be checked. There were no further questions or discussion. EXECUTIVE SESSION: Council adjourned to an Executive Session at 8:26 p.m. to discuss a Personnel issue and reconvened at 8:35 p.m. WORKSHOP ITEMS ADMINISTRATION: 9A. A DISCUSSION CONCERNING A REAL ESTATE TAX APPEAL – CLEVELAND BROTHERS. Mr. Morrison explained that staff had received notice that Cleveland Brothers had filed a real estate tax appeal and appeared before the Board of Assessment at the County, but the Board decided that there was no need to change the assessment. Cleveland Brothers then appealed to the Court of Common Pleas. Mr. Morrison had provided Council with a copy of the appraisal and it is his belief that the appraisal did not fairy represent the property; there was quite a misrepresentation of the current state of affairs in Murrysville and the appraisal viewed the property as industrial. The school district asked if the Municipality would be interested in participating with the district to have an evaluation done and then directing the Solicitor to represent the Municipality’s interest in moving forward with the appeal. Council was in agreement to having the Municipality enter into a participatory agreement with the school district. Mr. Morrison said the last industrial appraisal performed was for MSA, which cost around $3,200. car 12/28/2017 Regular Voting Meeting – Wednesday, December 6, 2017 ENGINEERING: None. COMMUNITY DEVELOPMENT: 11A. A DISCUSSION OF CU-2-17, MURRYSVILLE PUMP STATION, 6445 WILLIAM PENN HIGHWAY, CONDITIONAL USE APPLICATION, A COMPARABLE USE THAT IS NOT SPECIFICALLY LISTED IN THE ZONING USE TABLE IN THE BUSINESS DISTRICT; 11B. A DISCUSSION OF CU-3-17, MURRYSVILLE PUMP STATION, 6445 WILLIAM PENN HIGHWAY, CONDITIONAL USE APPLICATION, MAJOR EXCAVATION; AND A DISCUSSION OF SP-2-17, MURRYSVILLE PUMP STATION, SITE PLAN, 6445 WILLIAM PENN HIGHWAY. 11C. A DISCUSSION OF SP-2-17, MURRYSVILLE PUMP STATION, SITE PLAN, 6445 WILLIAM PENN HIGHWAY. For purposes of discussion, all three items will be lumped together. Kenneth Foltz again addressed Council and explained that Buckeye’s engineering team has worked with the Westmoreland County Conservation District, has gotten the storm water approval for the plan and is waiting for final comments on the erosion control plan. During the process, staff had provided conditions for the project, which were reviewed with his clients, and which included an additional step in the noise ordinance compliance process. When initially proposed, Buckeye was requesting a noise waiver along the bordering property lines with the tanker yard and the Wal*Mart property. After working with staff and the noise consultant, it was recommended that some noise mitigation be added. As originally proposed, the pumps were to be open air with no enclosure. To mitigate the sound, the engineering team has designed a small sound mitigation shed to cover each of the independent pumps, which brings the noise levels into compliance with the ordinance as indicated on the “Noise Ordinance Compliance” page of the power point presentation. Mr. Kase asked about the type of lighting required. Mr. Foltz said there will be one security light on 24/7, but if any work needs to be done in the evening there is directional lighting which is within the ordinance limitations. Brigham Erickson with Barr Engineering in Minnesota explained that there are directional LED lights shielded on the sides, pointing downward; overhead lights are on 25’ light poles, but with only one on for security purposes. Mr. Perry asked Mr. Cohen if the lights are within the Municipality’s lighting standard and was told that they are. Mr. Erickson said the light study, which showed that it was within the ordinance, was previously provided at the Planning Commission meeting. Mr. Foltz then addressed the landscape plan and explained that the plan is to remove the building currently on the site and replace it with a landscaping plan and buffer. A buffer of pine trees is also planned to shield the facility and sheds from the highway and nearby residents. Todd Baldwin of CEC reiterated Mr. Foltz’s explanation and showed a street-view rendering of the project following construction. There were no further questions or comments on this item. car 12/28/2017 Regular Voting Meeting – Wednesday, December 6, 2017 11D. A DISCUSSION OF CU-5-17, SPINOLA’S BAKERY RELOCATION, 4403 OLD WILLIAM PENN HIGHWAY, CONDITIONAL USE, M-U DISTRICT. Ms. Spinola gave a presentation during the Public Hearing. Mr. Perry commented that he would request that if there is a large truck that can’t pull into the parking lot, it not block traffic during school bus hours. Ms. Spinola said her deliveries generally are made between 5:00-6:00 a.m. and are finished within approximately 10 minutes after arrival. There were no other questions. 11E. A DISCUSSION OF CU-6-17, FIRST PRESBYTERIAN CHURCH-MEDIC ONE AMBULANCE GARAGE, 3237 SARDIS ROAD, CONDITIONAL USE, M-U DISTRICT, MAJOR EXCAVATION and 11F. A DISCUSSION OF SP-5-17, FIRST PRESBYTERIAN CHURCH-MEDIC ONE AMBULANCE GARAGE, 3237 SARDIS ROAD, CONDITIONAL USE, M-U DISTRICT, MAJOR EXCAVATION. There were no comments to add to the presentation made during the public hearing. Mr. Lorenz noted that, as Council liaison, he has seen this project evolve and the Church and Medic One have done a good job working with staff and making sure everything is done properly. Municipal Planner Allen Cohen advised Council that there was a request by the applicants to waive the fees and Council should consider that as part of the motion during the voting session. Mr. Perry asked if it was a fee-in- lieu and the total dollar amount. Mr. Morrison said the fee-in-lieu wouldn’t apply to this because it would be considered a commercial development and he would recommend consideration of waiving the permit fees. Mr. Perry said he has no problem waiving the permit fees and asked Mr. Morrison to get the total fee amount. 11G. DISCUSSION OF CU-4-17, EXPANSION OF JB TONKIN COMPRESSOR STATION, DOMINION TRANSMISSION, INC., CONDITIONAL USE, AND SP-4-17, A LAND DEVELOPMENT, 5423 MAMONT ROAD, R-R ZONING, TO CONSIDER PUBLIC INPUT AND TESTIMONY ON THIS PROJECT. See comments and vote to table under Items 14G and 14H. PUBLIC WORKS AND PARKS: None. COUNCIL - ACTION ITEMS ADMINISTRATION: 13A. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 984-17, 2018 TAX ORDINANCE. Mr. Lorenz moved to approve the advertisement. Mrs. Lee Korns seconded. Mr. Morrison explained that the budget holds the rate while supporting the general fund budget, the emergency equipment fund, debt, and capital reserve with no increase in taxes. Mr. Morrison said that, of the total tax bill to the county, school district and municipality, 10% of that total bill comes to the Municipality; on the average median-priced home in Murrysville, approximately $400 is paid to the Municipality yearly. car 12/28/2017 Regular Voting Meeting – Wednesday, December 6, 2017 Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. Finance Director Diane Heming advised all that there is no proposed tax increase for 2018. 13B. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 985-17, 2018 SALARY ORDINANCE. Mr. Kase moved to approve the advertisement. Mrs. Lee Korns seconded. Mr. Morrison explained that the proposed ordinance increases salaries ranging from 2.6 to 3% and all salaries proposed are within the ranges specified by the salary ordinance. Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. 13C. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 988-17, AN ORDINANCE ESTABLISHING THE EMPLOYEE CONTRIBUTION RATE TO THE MURRYSVILLE POLICE PENSION FUND FOR 2018. Mrs. Lee Korns moved to advertise the ordinance establishing the contribution rate at 5%. Mr. Spadaro seconded. Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. 13D. CONSIDER APPROVAL OF THE USE OF VARIOUS MUNICIPALLY-OWNED PROPERTIES, INCLUDING PARK LANDS, BY COUGAR LAND SERVICES FOR THE PURPOSE OF PERFORMING SEISMIC TESTING. Mr. Lorenz moved to approve the use of various Municipally-owned properties, including park lands, by Cougar Land Services for the purpose of performing seismic testing in accordance with the procedures and limitations set forth in the staff briefing. Mrs. Lee Korns seconded. Mr. Perry noted that he did not see any conditions in the briefing placed on Cougar. Mr. Morrison said Mrs. Van de Venne has been in contact with Cougar and felt comfortable that an agreement would be reached on how Cougar was going to place equipment in Duff Park. Mr. Morrison said he would recommend Council consider adding a condition, based on the recommendation and the results of the conversation between Mrs. Van de Venne and Cougar. Mrs. Kearns said she would like the agreement to be in writing. Mr. Perry moved to amend the motion to add the condition that Cougar have the geophysical survey in the parks be done by March 16, 2018 and that there is a written agreement between Cougar Land Services, the Municipality and Pia van de Venne as to the placement of sensors in Duff Park. Mr. Spadaro seconded. Paul Burke, attorney for Huntley & Huntley, said he has been out of town but will meet with Mrs. Van de Venne to work out the agreement. car 12/28/2017 Regular Voting Meeting – Wednesday, December 6, 2017 On the amended motion: Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Amended motion approved. On the original motion, as amended: upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. 13E. CONSIDER RESOLUTION NO. 679-17, A RESOLUTION OPTING OUT OF THE SITING OF A CATEGORY 4 ANCILLARY CASINO IN THE MUNICIPALITY OF MURRYSVILLE. Mr. Kase moved to approve the resolution opting out of the siting of an ancillary casino in the Municipality. Mrs. Lee Korns seconded. Mr. Morrison explained that the Governor signed into law HB 271, which created the ability for up to 10 category 4 slot machine licenses to be sited around the state. Municipalities were given the option of opting in or out of being selected as one of those locations if they are within 25 miles of a casino. Mr. Morrison said he isn’t sure whether Murrysville falls within that 25 mile radius, but suspects there are portions in the eastern part of the community that fall out of that 25 mile zone and will then be eligible for the siting of the ancillary casino. He noted that future Councils will have the opportunity to opt in. Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. 13F. CONSIDER AUTHORIZATION TO ADVERTISE ORDINANCE NO. 989-17, AN ORDINANCE RENAMING MIRACLE FIELD DRIVE TO RON COY WAY. Mr. Lorenz moved to approve the advertisement of the ordinance renaming Miracle Field Drive to Ron Coy Way. Mr. Spadaro seconded. Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. 13G. CONSIDER AN AMENDMENT TO THE CHIEF ADMINISTRATOR’S EMPLOYMENT AGREEMENT. Mr. Lorenz moved to approve the amendments to the Chief Administrator’s employment agreement as set forth in the staff briefing. Mr. Perry seconded. Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. 13H. CONSIDER RESOLUTION NO. 680-17, A RESOLUTION TO CLARIFY AND APPLICATION TO THE MUNICIPALITY OF MURRYSVILLE’S NON-UNIFORM PENSION PLAN. Mr. Perry moved to approve the resolution, option 2, which makes various changes to the employment agreement of certain classes of Municipal employees. Solicitor Kotjarapoglus explained that this applies to the car 12/28/2017 Regular Voting Meeting – Wednesday, December 6, 2017 non-uniform employees and pertains to buying back of prior years of service that were unvested; this would apply to the directors, chief administrator and support staff. Mr. Lorenz seconded. Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. COMMUNITY DEVELOPMENT: 14A. CONSIDER APPROVAL OF CU-2-17, MURRYSVILLE PUMP STATION, 6445 WILLIAM PENN HIGHWAY, CONDITIONAL USE APPLICATION, A COMPARABLE USE THAT IS NOT SPECIFICALLY LISTED IN THE ZONING USE TABLE IN THE BUSINESS DISTRICT. Mr. Lorenz moved to approve CU-2-17, adding in all of the conditions as set forth in the staff briefing. Mr. Spadaro seconded. Mr. Morrison asked if the applicant agreed to the conditions and received an affirmative response. Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. 14B. CONSIDER APPROVAL OF CU-3-17, MURRYSVILLE PUMP STATION, 6445 WILLIAM PENN HIGHWAY, CONDITIONAL USE APPLICATION, MAJOR EXCAVATION. Mrs. Lee Korns moved to approve CU-3-17, steep slopes, subject to the conditions set forth in section 6 of the briefing. Mr. Spadaro seconded. Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. 14C. CONSIDER APPROVAL OF SP-3-17, MURRYSVILLE PUMP STATION, SITE PLAN, 6445 WILLIAM PENN HIGHWAY. Mr. Lorenz moved to approve SP-3-17 subject to the conditions set forth in the staff briefing. Mr. Perry seconded. Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. 14D. CONSIDER APPROVAL OF CU-5-17, SPINOLA’S BAKERY RELOCATION, 4403 OLD WILLIAM PENN HIGHWAY, CONDITIONAL USE, M-U DISTRICT. Mr. Kase moved to approve and added that no deliveries are to be made during school bus hours. Mr. Spadaro seconded. Mrs. Kearns asked if the applicant was comfortable with the condition; Ms. Spinola replied that she was. car 12/28/2017 Regular Voting Meeting – Wednesday, December 6, 2017 Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. 14E. CONSIDER APPROVAL OF CU-6-17, FIRST PRESBYTERIAN CHURCH-MEDIC ONE AMBULANCE GARAGE, 3237 SARDIS ROAD, CONDITIONAL USE, M-U DISTRICT, MAJOR EXCAVATION. Mr. Lorenz moved to approve CU-6-17 subject to the conditions as set forth in the staff briefing. Mrs. Lee Korns seconded. Mr. Morrison asked if the applicant accepts the conditions and received an affirmative answer. Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. Motion approved. 14F. CONSIDER APPROVAL OF SP-5-17, FIRST PRESBYTERIAN CHURCH-MEDIC ONE AMBULANCE GARAGE, 3237 SARDIS ROAD, CONDITIONAL USE, M-U DISTRICT, MAJOR EXCAVATION. Mr. Perry moved to approve SP-5-17 for approval of a 9,600 square foot garage associated with Medic One subject to conditions as outlined in the briefing. Mrs. Lee Korns seconded. Upon a roll call: Mrs. Kearns – yes, Mr. Spadaro – yes, Mr. Lorenz – yes, Mr. Perry – yes, Mr. Kase – yes, Mrs. Lee Korns - yes. 14G. CONSIDER APPROVAL OF CU-4-17, EXPANSION OF JB TONKIN COMPRESSOR STATION, DOMINION TRANSMISSION, INC., 5423 MAMONT ROAD, CONDITIONAL USE AND LAND DEVELOPMENT, R-R- ZONING and 14H. CONSIDER APPROVAL OF SP-4-17, SITE PLAN FOR THE JB TONKIN COMPRESSOR STATION LOCATED AT 5423 MAMONT ROAD, R-R ZONING. Shawn Gallagher, representing Dominion, said that they have been working with staff since the last hearing to address Council’s comments and believe that the additional two weeks would give them time to resolve everything and would like to delay voting on these matters (14G and 14H) until the December 20 meeting. Mr. Lorenz moved to table; Mr. Kase seconded. All those present voted aye. Motion approved. ENGINEERING: None. PUBLIC WORKS AND PARKS: None. OLD BUSINESS: Mr. Morrison reminded Council that interviews will be held prior to the next meeting at 6:00 for boards and commissions. The Volunteer of the Year will be honored at the next meeting. The reorganization meeting will be held January 2, 2018. car 12/28/2017 Regular Voting Meeting – Wednesday, December 6, 2017 NEW BUSINESS: Mr. Perry said that at the last meeting he mentioned that he would like to put several conditions on the JB Tonkin site plan and conditional approval. The applicant said that Council couldn’t do it and in evaluating case law found that they were correct. Under the Municipality’s current ordinances, Council is not able to put conditions upon the site plan that relate to additional control technologies for air emissions. There was also discussion about putting additional post-construction sampling conditions to do additional validation that the modeling and dispersion models were correct. Again, Council is not able to do that under the way the Municipality’s ordinances are currently written. However, if the Municipality has an air ordinance that specifically allows dispersion modeling, topographical-specific dispersion modeling, additional air sampling and requirements in additional to what various regulatory agencies have, Council is able to add reasonable additional restrictions provided an ordinance is in place allowing that. Mr. Perry is finishing his term on Council, but would like to ask the future Council to seriously consider developing an appropriate air ordinance that allows the Municipality to pose additional conditions upon applicants as related to air emissions. He believes the issue with Tonkin will come up again and believes it is imperative that Council continue to be protective of its residents. Mrs. Kearns asked if Mr. Perry would be willing to work with Council on that ordinance and he said he would be interested in helping. ACTION ITEMS: None. ADJOURNMENT: Mrs. Lee Korns moved to adjourn. Mr. Kase seconded. All present voted aye. Motion approved. The Council Meeting concluded at 9:25 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 12/28/2017