Council of the Municipality of Murrysville

THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 2, 2020 Council of the Municipality of Murrysville held a Regular Voting Meeting on Wednesday, December 2, 2020, at 7:00 p.m. in the Municipal Building and via ZOOM. Present at the meeting were Council members Carl Stepanovich and Tony Spadaro along with Chief Administrator, James Morrison. Attending via Zoom were Council members Toni Brockway, Loren Kase, Jamie Lee Korns, and Mac McKenna along with Mayor Synan and Solicitor, George Kotjarapoglus. Dayne Dice was absent PUBLIC HEARING FOR PUBLIC COMMENT ON THE SUBSTANTIVE VALIDITY CHALLENGE TO THE OFFICIAL ZONING MAP OF THE MUNICIPALITY OF MURRYSVILLE FOR PROPERTY LOCATED AT 6428 BUENA VISTA DRIVE, TAX PARCEL 49-21-07-0-049 A Public Hearing was held at 7:00 p.m. concerning the substantive validity challenge to the official zoning map of the Municipality of Murrysville for property located at 6428 Buena Vista Drive, Tax Parcel 49-21-07- 0-049. Mr. Morrison stated that a curative amendment is when the landowner desires to challenge, on substantial grounds, the validity of the zoning ordinance or map or any provision thereof which prohibits or restricts the use or development of land in which he has an interest. The property owner submits a curative amendment to the governing body with a written request that the challenged proposed amendment be heard. The governing body shall present a public hearing within 60 days of the request. Dr. Rick Rivardo challenges the substantive validity of the Municipality of Murrysville Zoning Ordinance and requests the adoption of a curative amendment pursuant to Section 609.1 and 916.1 of the Pennsylvania Municipal Planning Code. Dr. Rivardo seeks a curative amendment rezoning the property to B-Business District so that it can be developed as a dental office. Mr. Hergenroeder, representing Dr. Rivardo, stated that the property is well known as the Tokyo Massage Parlor which sits directly on Route 22 with access from Route 22. The property was built in 1976 as a real estate sales office, then a doctor’s office, chiropractor office, and has been commercial business for the last 43 years. All of the property across the street is basically in the business district. There is one house that is in the R-3 district, but it sits back from the highway. Throughout the 43 years, this property has been used and granted occupancy permits for various commercial enterprises. They believe the R-3 zoning was an error, which should have been in the business district from day one. It was built as an office building and has no ability to be turned into a residential building. Dr. Rivardo seeks an occupancy permit to operate a dental office, which is a use consistent with a business district as in prior uses. Mr. Spadaro asked if there was an entrance to the property from Buena Vista. Mr. Hergenroeder stated that there was a small driveway off of Buena Vista, but the main entrance is directly off of Route 22. Mr. Stepanovich asked if this was advertised for the public to make comment via Zoom or in writing. Mr. Morrison answered yes, and stated that the public could notify the office if they wanted to participate or provide comment either written or verbal which would be presented at the public hearing. There were also two large orange signs posted on the property advertising the meeting. Mr. Kase stated that he lives very close to that building and a few of the neighbors had questions regarding the rezoning, but most were that they didn’t understand why it was being rezoned. A brief explanation of the matter seemed to answer their questions. vmp 1 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 2, 2020 Mr. Morrison noted that no written or oral comments were received from the public. Mr. Kase closed the Public Hearing at 7:13 p.m. REGULAR VOTING MEETING AGENDA ROLL CALL/VOTING ORDER: Loren Kase, Mr. Stepanovich, Mac McKenna, Dayne Dice - absent, Jamie Lee Korns, Tony Spadaro, Toni Brockway, and Mayor Synan. PLEDGE OF ALLEGIANCE: Mr. Kase led the audience in the Pledge of Allegiance. UNISTED AMENDMENTS: None CONSENT CALENDAR ITEMS 4.A. Approval of November 18, 2020 Council Meeting Minutes Mr. Kase moved to approve the Consent Calendar Items. All those in favor voted aye. The Consent Calendar Items were approved. MAYOR’S COMMENTS: Mayor Synan read a statement from Dr. William Jenkins, Emergency Medical Technician at Excela. To all residents: Please heed the public health warning to minimize social interaction and to wear face coverings. Please distance and when possible stay at home. Currently, almost half of all hospital beds in the county are occupied by COVID patients. People are quite ill and hospital resources region wide are very scarce. Please ask businesses to enforce the masking rules in their establishments as well. The medical community is working very hard to treat the disease, but only the community can assist in controlling the spread. Thank you very much. Glass Recycling “Pop-Up” Collection Event will be Saturday, December 12th at Veterans Field parking lot, 4200 Sardis Road from 9:00 a.m.–2:00 p.m. sponsored by the Municipality of Murrysville and Republic Services. The Murrysville Recreation Department is having a Holiday Wreath and Swag Sale, by Penna Flower Company, on December 5th starting at 9:00 a.m. at the Murrysville Visitor Center at the Westmoreland Heritage Trail, 3401 William Penn Highway. Proceeds benefit Murrysville Recreation Department. CHIEF ADMINISTRATOR’S COMMENTS: Mr. Morrison stated that in regards to the Glass Recycling, if people want to participate they have to be there between the hours of 9:00 a.m. and 2:00 p.m. Republic brings out one large dumpster and it gets filled up very quickly. Get there early. COMMUNITY INPUT: None LIAISON COMMENTS AND COMMITTEE REPORTS: Mr. Stepanovich: The Planning Commission has moved their December 1st meeting to next Tuesday, December 8th. vmp 2 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 2, 2020 Mr. Kase: EAC did meet. They discussed the Fusting Villas which will be nine buildings plus the existing barn. They had some concerns regarding stormwater layouts and accessibility to the lines. WORKSHOP ITEMS ADMINISTRATION: None ENGINEERING: 10.A. Discussion concerning Ordinance #1034-20, an Ordinance amending Chapter 198, Stormwater Management, of the Code of the Municipality of Murrysville Emily Mallisee, Municipal Engineer Technician, stated that this ordinance is amending our current Chapter 198, Stormwater Ordinance which was amended in 2016. At that time, the ordinance was a lot more progressive and intense than other municipalities. This amendment is going to be modeled after the PADEP 2022 Model. Westmoreland County is also doing their Integrated Water Resource Plan for 2020. This is going to use both of those plans together. A lot of our current ordinance meets the requirements for the PADEP 2022 and the county ordinance as well. There are a few bullet points outlining changes that have been added to update the Stormwater Ordinance to the new standards which will enhance the rules and regulations already in place. Ms. Mallisee went over some of the bullet points of Prohibited Connections; Stormwater Management Performance Districts; In the No-Harm Option, someone can request an approval regarding the stormwater management if they believe that their development will not cause any harm by increasing or decreasing stormwater. They would have to fill out a request and include everything on the list needed for that approval; Waivers/Modifications/Demonstrated Equivalency, which has a lot more rules and regulations; Small Projects are similar to our 198-2.B but with a broader scope; General Standards which is detailed justification demonstrating the use of LID and green infrastructure is not practicable; Design Criteria for Stormwater Management Facilities and BMPs where, if in an impaired watershed the applicant shall propose the use of BMPs to mitigate any impacts to the waters; Design Criteria; and Enforcement of Procedures and Remedies which basically establishes how we can enforce these BMPs and stormwater structures. Mr. Kase asked Ms. Mallisee to explain under 307.C. General Standards…. that the use of LID and green infrastructure is not practicable. Ms. Mallisee stated that in the LID (Low Impact Development), they would have to demonstrate that the run off was equal to the LID and green infrastructure; justification. COMMUNITY DEVELOPMENT: 11.A. Discussion concerning S-5-20, a Minor Subdivision, to subdivide one existing tract located at 4520 Old William Penn Highway, currently identified as Westmoreland County Tax Parcel 49-14-03-0-107, and according to the Westmoreland County Tax Mapping website is currently listed under the ownership of "Bruce H. and Linda Livengood" Mr. Morrison stated that this is a simple subdivision of dividing an existing lot into two lots on Old William Penn Highway, across from Laird Court. No new land development is proposed at this time. The Planning Commission passed this on with their recommendation vmp 3 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 2, 2020 PUBLIC WORKS AND PARKS: None COUNCIL ACTION ITEMS ADMINISTRATION: 13.A. Consider authorization to advertise Ordinance No. 1031-20, the 2021 Tax Ordinance Dr. Lee Korns made a motion to advertise Ordinance No. 1031-20, the 2021 Tax Ordinance. Ms. Brockway seconded. Mr. Morrison stated that this was discussed at the last meeting. This implements the 2021 Budget and proposes no tax increase. Upon a roll call vote: Mr. Kase – yes, Mr. Stepanovich – yes, Mr. McKenna - yes, Dr. Lee Korns – yes, Mr. Spadaro – yes, and Ms. Brockway – yes. Motion approved. 13.B. Consider authorization to advertise Ordinance No. 1032-20, the 2021 Salary Ordinance Mr. McKenna made a motion to authorize to advertise Ordinance No. 1032-20, the 2021 Salary Ordinance. Dr. Lee Korns seconded. Mr. Morrison stated that this is a follow-up from the last meeting that the salary ranges for the staff were updated. This is the ordinance enacting that. Mr. Stepanovich noted a clerical error on the notes. Mr. Morrison stated that they will make that correction. Upon a roll call vote: Mr. Kase – yes, Mr. Stepanovich – yes, Mr. McKenna - yes, Dr. Lee Korns – yes, Mr. Spadaro – yes, and Ms. Brockway – yes. Motion approved. 13.C. Consider authorization to advertise Ordinance No. 1034-20, an Ordinance amending Chapter 198, Stormwater Management, of the Code of the Municipality of Murrysville Mr. Spadaro made a motion to authorize to advertise Ordinance No. 1034-20, an Ordinance amending Chapter 198, Stormwater Management, of the Code of the Municipality of Murrysville. Mr. Stepanovich seconded. Mr. Morrison stated that this was presented earlier by Ms. Mallisee and this is just the advertising for adoption. Upon a roll call vote: Mr. Kase – yes, Mr. Stepanovich – yes, Mr. McKenna - yes, Dr. Lee Korns – yes, Mr. Spadaro – yes, and Ms. Brockway – yes. Motion approved. vmp 4 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 2, 2020 13.D. Consider authorization to advertise for a Public Hearing Concerning Ordinance No. 1035-20, an Ordinance Amending Chapter 220 of the Code of the Municipality of Murrysville, known as the Zoning Ordinance, to permit as a Conditional Use Senior Hi-Rise Apartments in the “B” Business District and Senior Community Planned Residential Developments in the “R-1, R-2 and R-3” Residential Districts Dr. Lee Korns made a motion to advertise for a Public Hearing Concerning Ordinance No. 1035-20, an Ordinance Amending Chapter 220 of the Code of the Municipality of Murrysville, known as the Zoning Ordinance, to permit as a Conditional Use Senior Hi-Rise Apartments in the “B” Business District and Senior Community Planned Residential Developments in the “R-1, R-2 and R-3” Residential Districts. Ms. Brockway seconded. Mr. Morrison stated that this would be a follow-up to the proposed ordinance discussed. As presented at the last meeting, this curative amendment process is being initiated by the Municipality. There are a specific number of days in which the Municipality must act and must determine that portions of its ordinance are invalid and as a result are instituting this action. This is a Municipal-wide type of impact of the Zoning Ordinance. There have been some concerns with the code restrictions that we have here and was suggested that we open the meeting to the public for comment on this particular item. Dr. Lee Korns stated that she feels that Public Hearings and any opportunity for public comment are so vital in our community, especially something that is going to impact a large number of residents. Dr. Lee Korns stated that Council should strongly encourage residents to submit their comments in writing or open the building, if the Governor doesn’t change orders for us, and have in-person comment for those who wish to do so. Social distancing can be safely enforced here and they can be escorted out of the building once the public hearing closes and resume with the Zoom meeting. Mr. Morrison suggested that at the next meeting, Council entertain a resolution declaring the ordinance to be invalid and directing staff to investigate the correction of that invalidity, then advertise at the second meeting in December to have a Public Hearing in January. Mr. Stepanovich said that sounded reasonable. Dr. Lee Korns stated that she doesn’t recall the last time any facets of the Comprehensive Plan were featured in the paper. It might not hurt to explain R-3 in trying to make a provision for our seniors so that they don’t have to leave the community. Just so people understand where this is coming from and B- Business development is coming from. Mr. Morrison stated that the Ordinance is addressing two needs. A developer is interested in developing a senior hi-rise. The real essence was the lack of opportunity to develop residential housing in the community. The resolution would address this in declaring the invalidity of the ordinance for the aging population and availability of housing. We could use the bullet points of the resolution as the story. Mr. Kase feels that would help direct public comment also. Mr. Morrison suggested doing the resolution and then having the article appear after the meeting once Council reacts to the resolution. Mayor Synan noted that the more detail you give them is important. Dr. Lee Korns stated that sounds great and invites the most transparency for residents and would make them feel comfortable that they have a voice and share their feedback. She wants folks to understand that this isn’t for one developer. This has been a long range plan to respond to the community’s needs to our aging population. Mr. McKenna feels that details on renting or selling and covenance needs to be clearer. Mr. Kotjarapoglus noted that zoning can’t control type of use. Council has to be comfortable with what is going to be put in the land use. Conditions of approval would be one thing but you might want to go one step further and put vmp 5 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 2, 2020 a condition on the land use. Mr. McKenna stated that when this is advertised it may steer the questioning by what the community input is and what their thoughts are and how Council needs to act or update and clarify what we need to do. Mayor Synan suggested separating the Ordinance into two ordinances. Mr. Morrison asked how Council wanted to proceed. Mr. Kase suggested not advertising this and working with staff on feedback from Council to alter the ordinance as we see fit. Mr. Kotjarapoglus asked Mr. Morrison if that would put him in a bind timewise if Council does the validity now and then coming up with a new ordinance. Mr. Morrison stated that within 30 days of the declaration, the Resolution declaring the Ordinance invalid and then prepare a curative amendment within 180 days to validate or reaffirm the validity of the Ordinance. Mr. Morrison noted that you don’t want to change your zoning ordinance to accommodate a developer. You change your zoning ordinance because it is a need in the community that is deficient. Dr. Lee Korns stated that she doesn’t like to delay things, but also doesn’t want to rush this. It is too important and we need to get it right. If Council need to do a workshop first, then she would rather see that so that they are very clear themselves before they receive public comment. Mr. Kotjarapoglus stated that 180 days should give Council a greater comfort level to make sure it is done right. Mr. Morrison stated that the 180 days would be triggered by the passing of a resolution at the next meeting. Council could direct staff not to run the advertisement until Council is comfortable moving forward. Upon a roll call vote: Mr. Kase – no, Mr. Stepanovich – no, Mr. McKenna - no, Mr. Dice – no, Dr. Lee Korns – no, Mr. Spadaro – no, and Ms. Brockway – no. Motion denied. Mr. Morrison asked if Council was comfortable with staff bringing forward the resolution at the next meeting. Council agreed. 13.E. Consider authorization to advertise Ordinance No. 1036-20, an Ordinance for a curative amendment to Chapter 220, Zoning, of the Code of the Municipality of Murrysville, amending the Official Map for property located at 6428 Buena Vista Drive from R-3 Residential to B, Business Mr. McKenna made a motion to consider authorization to advertise Ordinance No. 1036-20, an Ordinance for a curative amendment to Chapter 220, Zoning, of the Code of the Municipality of Murrysville, amending the Official Map for property located at 6428 Buena Vista Drive from R-3 Residential to B, Business. Dr. Lee Korns seconded. Mr. Morrison stated that this approves advertising of the ordinance for adoption at the next meeting for the rezoning of the property on Buena Vista. Upon a roll call vote: Mr. Kase – yes, Mr. Stepanovich – yes, Mr. McKenna - yes, Mr. Dice – yes, Dr. Lee Korns – yes, Mr. Spadaro – yes, and Ms. Brockway – yes. Motion approved. COMMUNITY DEVELOPMENT: 14.A. Consider approval of S-5-20, a Minor Subdivision, to subdivide one existing tract located at 4520 Old William Penn Highway, currently identified as Westmoreland County Tax Parcel 49-14-03-0-107, and according to the Westmoreland County Tax Mapping is currently listed under the ownership of "Bruce H. and Linda Livengood" vmp 6 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 2, 2020 Mr. Stepanovich made a motion to consider approval the Livengood Subdivision S-5-20, a two lot subdivision, M-U Zoning, 4520 Old William Penn Highway, Westmoreland County Tax Parcel 49-14-03-0- 107. Mr. Spadaro seconded. Mr. Kase stated that this was discussed earlier. Upon a roll call vote: Mr. Kase – yes, Mr. Stepanovich – yes, Mr. McKenna - yes, Mr. Dice – yes, Dr. Lee Korns – yes, Mr. Spadaro – yes, and Ms. Brockway – yes. Motion approved. 14.B. Consider approval of Resolution No. 723-20, a Resolution Amending the Municipality of Murrysville’s Act 537 Plan for New Land Development, the Livengood Subdivision Ms. Brockway made a motion to consider approval of Resolution No. 723-20, a Resolution Amending the Municipality of Murrysville’s Act 537 Plan for New Land Development, S-5-20, Livengood Subdivision, 4520 Old William Penn Highway, Westmoreland County Tax Parcel 49-14-03-0-107. Mr. Spadaro seconded. Mr. Morrison stated that the resolution is for adding it to the Act 537 Plan. It permits the planning module to be submitted to DEP and if development occurs there, to get them into the FTMSA system. Upon a roll call vote: Mr. Kase – yes, Mr. Stepanovich – yes, Mr. McKenna - yes, Mr. Dice – yes, Dr. Lee Korns – yes, Mr. Spadaro – yes, and Ms. Brockway – yes. Motion approved. ENGINEERING: None PUBLIC WORKS AND PARKS: None OLD BUSINESS: Mr. Morrison stated that posted to the Drop Box were nomination letters for Volunteer of the Year. Would Council like to entertain this at the next meeting? Mr. Kase asked about meeting 15 minutes before the meeting. Mr. Morrison asked about appointment to the Boards and Commission and how Council would like to proceed with that and if they would like to conduct the interviews before the next meeting. There are 4 vacancies on the EAC, 1 on FTMSA, 3 on the Library, 1 on Personnel, 3 on Parks and Recreation, and 1 vacancy on Planning. There are several members who are reapplying to their position. Mr. Morrison suggested meeting at 6:00 p.m. via Zoom – before the next meeting. Council agreed. Mr. Morrison stated that he would schedule each candidate for 10 minutes and will put the schedule in Council’s dropbox. Mr. Morrison stated that the last item is the club house, which he posted in the dropbox. Proposed is the position of the club house and as part of phase two would be the development of the pavilion on the back end of the property based on the needs of the community. Mr. Morrison asked Council if they had any comments. Mr. Stepanovich asked what the status of the club house was, since he wasn’t at the last meeting. Mr. Morrison stated that Council was presented with the background at the last meeting and was to review the location of the club house and the acceptance of the house. A benefactor is interested in doing some of the improvements that were discussed at the last meeting. The roof is in the process of being re-shingled, vmp 7 THE MUNICIPALITY OF MURRYSVILLE Regular Voting Meeting – Wednesday, December 2, 2020 so that will not be an expense. We are hoping that the benefactor will be interested in putting the porch on and doing some of the interior upgrades that need to be made. Mr. McKenna made note that the Public Works Department did a great job with the snow. The weather got nasty around dinner time and the guys were out there clearing the roads. NEW BUSINESS: None EXECUTIVE SESSION: None ACTION ITEMS: None ADJOURNMENT: Mr. McKenna made a motion to adjourn the meeting. Dr. Lee Korns seconded. All those in favor voted aye. Motion approved. The meeting was adjourned at 8:14 p.m. The Regular Voting Meeting and Public Hearing were 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. vmp 8