BOROUGH OF WYOMISSING COUNCIL MINUTES JANUARY 10, :00 P.M.

Transcription

1 BOROUGH OF WYOMISSING COUNCIL MINUTES JANUARY 10, :00 P.M. Wyomissing Borough Council held its regular monthly meeting at the Borough Hall on the above date. Council President Thomas M. Moll called the meeting to order at 7:00 p.m. with the following persons present: Council Members Daniel A. Phelps, D. Michael Forester, John C. Woodward, Stephen D. Brunner, Gregory L. Portner, and; Treasurer Paul W. Brass, Solicitor Christopher J. Hartman, Consulting Engineer James McCarthy, Police Chief Jeffrey R. Biehl, and Borough Manager/Secretary Marti Hozey. Council Member Thomas M. Bausher, Mayor David Y. Bausher, and Public Works and Property Manager James V. Babb were absent. CALL TO ORDER: Council President Moll called the regular meeting to order at 7:00 p.m. He announced that Council had just had an executive session before the Council meeting to discuss litigation and personnel matters. PLEDGE OF ALLEGIANCE: ROLL CALL: VISITORS: David Kostival, Reading Eagle Michele Bare, Zoning Officer/Codes Enforcement Officer/Asst. to Borough Mgr. Dale Longenecker, 518 N. 4 th St. Melanie Longenecker, 518 N. 4 th. St. Janelle Briscoe, 518 N. 4 th St. Robert Shaner, 601 N. Park Road Devon Pennington, 425 Oley St. PUBLIC COMMENTS: Melanie Longenecker from 518 N. 4 th St. asked about a speed check that had been going on recently in her neighborhood. Police Chief Biehl said that the speeds were being checked in the area near the Borough maintenance facility but almost all drivers were within the range where they should be. A suggestion was then made by another resident in the audience that Greenwich Street become one way. Chief Biehl said that it could be researched. Public Hearing for Ordinance # : ORDINANCE NO : AN ORDINANCE OF THE BOROUGH OF WYOMISSING, BERKS COUNTY, PENNSYLVANIA, TO AMEND THE CODE OF ORDINANCES OF THE BOROUGH OF WYOMISSING, CHAPTER 27 ENTITLED ZONING, PART 2 ENTITLED DEFINITIONS, SECTION 201 ENTITLED SPECIFIC TERMS TO ADD NEW TERMS; TO AMEND PART 3 ENTITLED ZONING DISTRICTS, SECTION 300 TO REZONE A 1

2 PORTION OF R-2 TO C-1 AND TO CREATE THE C-3 SPECIAL COMMERCIAL DISTRICT AND I-3 SPECIAL LIGHT INDUSTRIAL DISTRICT; TO AMEND SECTION 301 TO UPDATE THE ZONING MAP; TO AMEND PART 5 ENTITLED COMMERCIAL AND INDUSTRIAL DISTRICT REGULATIONS TO RENUMBER CERTAIN SECTIONS AND CROSS-REFERENCES; TO ADD NEW SECTIONS TO PROVIDE FOR REGULATIONS IN THE C-3 SPECIAL COMMERCIAL DISTRICT; TO ADD NEW SECTIONS TO PROVIDE FOR REGULATIONS IN THE I-3 SPECIAL LIGHT INDUSTRIAL DISTRICT; TO AMEND BY EXPANDING THE OPTIONS FOR RESIDENTIAL USE BY RIGHT IN THE COMMERCIAL AND INDUSTRIAL REDEVELOPMENT OVERLAY DISTRICT, SECTION 502A.B; TO AMEND PART 6 ENTITLED GENERAL REGULATIONS, SECTION 606 ENTITLED SIGNS TO CLARIFY THE ALLOWABLE NUMBER OF SIGNS IN THE COMMERCIAL, INDUSTRIAL AND TOWN CENTER ZONING DISTRICTS; AND TO SPECIFICALLY AUTHORIZE COMPLIANCE WITH THE AMERICANS WITH DISABILITY ACT FOR VARIANCES AND SPECIAL EXCEPTIONS BEFORE THE ZONING HEARING BOARD Borough Council held a public hearing at 7:10 p.m. to discuss this ordinance. Borough Solicitor Christopher Hartman explained the process that would take place for a public hearing. He also said that favorable reviews were received by both the Borough Planning Commission and the Berks County Planning Commission. The notice of the hearing was published in the Reading Eagle on Dec. 26, 2016 and Jan. 2, Since there is a zoning map amendment also proposed, notices were mailed to property owners within the area on November 30, Also, numerous notices were posted in the area on December 8, Attorney Hartman then described the proposed changes to the zoning map and ordinance. The zoning map will be amended to create a new C-3 district in an area that is currently zoned C-2. The C-3 district will extend from the mid 200 block of North Park Road to the intersection of Greenwich Street at a width of 250 from the centerline of North Park Road, and then between Greenwich Street and North Wyomissing Boulevard at a width of 200 from the centerline of North Park Road. The existing I-2 district that is located to the east of the railroad tracks and the area surrounding the intersection of North Wyomissing Boulevard and State Route 422 will become the new I-3 district. The existing R-2 district bounded by the railroad tracks, Oley Street, Greenwich Street and North Park Road will be rezoned to the C-1 district. All existing uses permitted by right and special exception in the C-2 district will continue as permitted, in the C-3 district. Medical marijuana dispensaries will also be a use permitted by right only in the C-3 district. Tattoo parlors, pawn shops and treatment facilities will be uses permitted by special exception in the C-3 district. All existing uses by right and special exception will continue as permitted uses in the I-3 district, with the addition of indoor facilities for the growing and processing of medical marijuana. Attorney Hartman explained that new state regulations permitting facilities for the growing, processing and dispensing of medical marijuana require all municipalities to permit for these uses in some area of the municipality. The Borough s existing zoning ordinance does not provide specific regulations for tattoo parlors, pawn shops and treatment facilities, which would allow them to be located in any of the commercial areas of the Borough. Definitions are provided for the new regulated uses in the ordinance. 2

3 The ordinance will also amend Part 5A of the Commercial and Industrial Overlay District regulations to permit up to 100% apartment and townhome use, including on the first floor, only when the redevelopment includes a single building that is being renovated but not demolished or replaced, the redevelopment site is under five acres and adjacent to a ten acre or greater mixed use redevelopment site already approved under this section, and pedestrian circulation in and around the site is coordinated with existing development via a sidewalk and lighting plan acceptable to the Borough. Section 606 regulating signs has been amended to remove and/or language related to the number of signs permitted to face a street. Section 902 providing for the functions of the Zoning Hearing Board has been amended to require the board to reasonable accommodations when granting relief from the zoning ordinance for applicants that have proven to have a disability as defined in and protected by federal law. Mr. Robert Shaner, owner of 601 N. Park Road, asked several questions of Council, including why the area on North Park Road was chosen for the location of the new C-3 district. Mr. Shaner stated he invested a significant amount of money to operate his accounting business at the property. He is concerned about the impact a tattoo parlor or pawn shop may have on property values. Attorney Hartman responded that since these uses are permitted only by special exception, Mr. Shaner would be notified of any application for approval and provided the opportunity to attend the zoning hearing. Attorney Hartman also stated that the impact of any of these uses on the adjacent properties is purely speculative at this point. Melanie Longenecker from 518 N. 4 th St. stated she resides in the area to be rezoned from R-2 to C-1 and asked about the visible impact that may come from permitting commercial uses. Attorney Hartman said the most obvious impacts would be the creation of off-street parking spaces on any property that proposes a commercial use, and signage for the business. The zoning ordinance allowances for signage in the C-1 district are more restrictive than in other commercial areas of the Borough. Any on-site improvement to property for commercial uses would also require land development approval and a review by the Planning Commission and Borough Council. Dale Longenecker from 518 N. 4 th St. asked a question regarding the C-3 area which would allow medical marijuana to be grown and processed. Robert Shaner said that he owns a building that is in the middle of the area that would allow a medical marijuana dispensary. He said that there are many other professional businesses in this area as well as his, and he does not think that N. Park Road is the best place to allow this use. Attorney Hartman explained the process for choosing this part of the Borough. The public hearing was closed at 7:45 p.m. The regular Borough Council meeting was reconvened at 7:45 p.m. Councilmember Woodward made a motion, seconded by Councilmember Phelps, to adopt Ordinance # , to amend the zoning ordinance and zoning map, all in favor, 6-0. RECEIPT OF REPORTS: On motion duly made, seconded and passed, Council received all reports submitted for consideration. 3

4 COUNCIL MINUTES: On motion duly made, seconded and passed, Council approved the minutes of the regular meeting of December 13, CONSULTING ENGINEER S REPORT: On motion duly made, seconded and passed, Council approved the Consulting Engineers report dated January 10, Consulting Engineer Jim McCarthy updated Council on several projects. POLICE CHIEF & MAYOR S REPORT: On motion duly made, seconded and passed, Council approved the Police Chief & Mayor s report of January 1, Police Chief Biehl reported that there were 91 traffic accidents in December. Crime statistics for 2016 are still being compiled, but it looks as if the crime rate went down last year. Council President Moll commented on the many Wyomissing Borough police officers who were recognized for exceptional efforts at the December FOP meeting. FIRE DEPARTMENT REPORT: On motion duly made, seconded and passed, Council approved the Fire Dept. report for December LIBRARY BOARD REPORT: On motion duly made, seconded and passed, Council approved the Library Board report for December 19, Councilmember Phelps reported on the meeting. He highlighted the issues that the library is still having with RestoreCore regarding the roof. There has been additional water damage due to leaks. INFRASTRUCTURE COMMITTEE REPORTS: On motion duly made, seconded and passed, Council approved the Infrastructure Committee report of December 19, PERSONNEL COMMITTEE REPORT: On motion duly made, seconded and passed, Council approved the Personnel Committee report of December 20, Councilmember Forester reported on the meeting in Councilmember Bausher s absence. The Leave of Absence policy was revised slightly after the last council meeting. Councilmember Forester made a motion to accept the revised LOA policy with addendum #5 added, seconded by Councilmember Phelps, all in favor. Councilmember Forester made a motion to approve the 6-month evaluation and salary adjustment for Parks & Recreation Director Robert Lewis in accordance with the budget guidelines, seconded by Councilmember Brunner, all in favor, 6-0. ORDINANCE NO : AN ORDINANCE OF THE BOROUGH OF WYOMISSING, BERKS COUNTY, PENNSYLVANIA, AMENDING THE CODE OF ORDINANCES OF WYOMISSING BOROUGH, CHAPTER 1 ENTITLED ADMINISTRATION AND GOVERNMENT, 4

5 BY RETITLING PART 10 ADMINISTRATION OF TAXATION, ADDING A NEW SECTION 1002 ENTITLED COMPENSATION OF TAX COLLECTOR TO REVISE THE COMPENSATION STRUCTURE, ADDING A NEW SECTION 1003 ENTITLED DEPUTY TAX COLLECTOR TO PROVIDE FOR A DEPUTY TAX COLLECTOR, AND ADDING A NEW SECTION 1004 ENTITLED EXPENSES OF COLLECTION TO PROVIDE FOR THE REIMBURSEMENT OF THE TAX COLLECTOR FOR THE COSTS OF COLLECTION Councilmember Forester made a motion to approve the advertising of Ordinance # to revise the compensation for the Borough Tax Collector as of , seconded by Councilmember Woodward, all in favor, 6-0. FINANCE & ADMINISTRATION COMMITTEE REPORT: On motion duly made, seconded and passed, Council approved the Finance & Administration Committee report of December 20, PLANNING COMMISSION REPORT: On motion duly made, seconded and passed, Council approved the Planning Commission report of January 3, Planning Commission Chairman Paul W. Brass reported on the meeting. Paul Brass was again elected to serve as Chairman and Walter Markey, Jr. as Co-Chair. Councilmember Woodward made a motion, seconded by Councilmember Portner to grant a waiver from Section 303 and 305 of the Subdivision and Land Development Ordinance, subject to variance approval by the zoning hearing board for the ADA ramp, and addressing all comments within McCarthy Engineering s review letter dated December 22, 2016 being addressed, all in favor, 6-0. BOROUGH MANAGER S REPORT: On motion duly made, seconded and passed, Council approved the Borough Manager s report of January 5, Marti Hozey asked for a member of Council to approve Resolution and to update the bank signature cards for Vist Bank and Customers Bank. RESOLUTION NO : A RESOLUTION OF THE COUNCIL OF THE BOROUGH OF WYOMISSING, BERKS COUNTY, COMMONWEALTH OF PENNSYLVANIA, DESIGNATING VIST FINANCIAL AS A DEPOSITORY OF THE BOROUGH OF WYOMISSING Councilmember Forester made a motion to approve Resolution designating VIST Financial Bank as a depository for the Borough of Wyomissing, seconded by Councilmember Woodward, all in favor,

6 RESOLUTION NO : A RESOLUTION OF THE COUNCIL OF THE BOROUGH OF WYOMISSING, BERKS COUNTY, COMMONWEALTH OF PENNSYLVANIA, DESIGNATING CUSTOMERS BANK AS A DEPOSITORY OF THE BOROUGH OF WYOMISSING Councilmember Forester made a motion to approve Resolution designating Customers Bank as a depository for the Borough of Wyomissing, seconded by Councilmember Phelps, all in favor, 6-0. Marti Hozey also asked for a member of Council to approve Resolution to appoint her as the Open Records/Right to Know Officer. RESOLUTION NO : A RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF WYOMISSING, BERKS COUNTY, PENNSYLVANIA, APPOINTING MARTHA L. HOZEY AS BOROUGH OPEN RECORDS OFFICER Councilmember Forester made a motion to approve Resolution appointing Martha L. Hozey as the Borough of Wyomissing s Open Records Officer, seconded by Councilmember Woodward, all in favor, 6-0. TREASURER S STATEMENT OF OPERATION: On motion duly made, seconded and passed, Council approved the Treasurer s Statement of Operation and all financial statements. ACCOUNTS PAYABLE REPORT: On motion duly made, seconded and passed, Council approved the Accounts Payable Report outlining the following invoices paid: General Fund $ 391, Water Fund 78, Sewer Fund 240, Refuse Fund 55, Liquid Fuels Fund 24, Total of all Funds $ 791, TAX COLLECTOR S REPORT: On motion duly made, seconded and passed, Council approved the Tax Collector s report for the month of December OTHER BUSINESS: ORDINANCE NO : AN ORDINANCE OF THE BOROUGH OF WYOMISSING, BERKS COUNTY, PENNSYLVANIA, AMENDING CHAPTER 4, BUILDINGS BY AMENDING PART 5 CONSTRUCTION CODE, SECTION 502(C) AMENDMENTS TO ENFORCE THE UCC REQUIREMENTS FOR AUTOMATIC SPRINKLERS AND AMENDING CHAPTER 7, FIRE PREVENTION AND FIRE PROTECTION BY AMENDING 6

7 PART 2 FIRE PREVENTION CODE, SECTION 206 ADOPTION AND AMENDMENTS TO ENFORCE THE UCC REQUIREMENTS FOR AUTOMATIC SPRINKLERS. Councilmember Woodward made a motion, seconded by Councilmember Portner, to adopt Ordinance # to repeal Ordinance # , all in favor, 6-0. Borough Manager Marti Hozey announced that there would be no Finance & Administration Committee or Personnel Committee meetings next week. Borough Council adjourned at 8:20 p.m. Respectfully submitted, Marti Hozey Borough Manager/Secretary Approved by: Thomas M. Moll, President Wyomissing Borough Council 7