MINUTES OF A REGULAR MEETING OF THE MANHEIM TOWNSHIP BOARD OF COMMISSIONERS MONDAY, OCTOBER 16, 2000 7:30 P.M. Roll Call: The regular meeting of the Manheim Township Board of Commissioners was held at 7:33 p.m., Monday, October 16, 2000, in the Municipal Building. Members present were: President Baldwin, Commissioners Karpinski, Gordon, and Reinaker, and Manager-Secretary James M. Martin. Commissioner Smith was absent. There were fifty-seven people in the audience. All in attendance pledged allegiance to the flag of the United States of America. President Baldwin welcomed the Boy Scouts in attendance from Troop 99. Approval of Minutes: On a motion by Commissioner Gordon seconded by Mr. Karpinski the Board of Commissioners unanimously approved the Minutes of the September 11, 2000 Meeting, and the September 25, 2000 Public Hearing. Payment of Bills: President Baldwin presented bills for the period ending October 16, 2000 from the General Fund in the amount of $1,030,052.23, from the Sewer Fund in the amount of $186,138.73, from the Capital Reserve Fund in the amount of $160,750.46, and from the Park Reserve Fund in the amount of $0, for a total of $1,376,941.42. President Baldwin moved to approve these bills for payment. Seconded by Mr. Karpinski. Motion carried unanimously. Consolidated Operating and Capital Funds Financial Reports: President Baldwin presented the Consolidated Operating and Capital Funds Financial Reports for the month of September, 2000. The beginning balance for the total funds which include the General Fund, the Sewer Fund, the Highway Aid Fund, the General Capital, the Parks Capital, Impact Fees and Fire Fees was $8,239,420.94, with revenues of $1,894,359.25, expenditures of $1,318,200.00, transfers or adjustments of $187,782.80, leaving an ending balance of $8,627,797.39. President Baldwin moved that the monthly financial consolidated reports be accepted and filed for audit. Seconded by Mr. Karpinski. Motion carried unanimously. Old Business: President Baldwin announced that there will be two Public Hearings Monday, October 30, 2000 beginning at 7:30 p.m.: Sprint Spectrum s Application for Conditional Use, 2025 Oregon Pike, and Bell Atlantic PA Inc. s Proposed Building Addition, 480 Buch Avenue, Conditional Use Application. New Business: Manheim Township 2000 Beautification Award Winners: Christine Powers, member of the Manheim Township Four Seasons Garden Club presented slides showing the winning properties, then President Baldwin congratulated the following winners of the Manheim Township 2000 Beautification Awards and presented them with commemorative plaques: Mr. Arthur Reist Valleybrook Estates Condominiums 980 Eden Road 900 Valleybrook Drive Lancaster, PA 17601 Lancaster, PA 17601
Mr. and Mrs. David Miller Cloister Car Wash 1588 New Holland Pike 1417 Manheim Pike Lancaster, PA 17601 Lancaster, PA 17602 Mr. and Mrs. E. Y. Murphey A Plus Mini Mart & Sunoco Station The E. J. Bowman House 1204 Lititz Pike 2627 Lititz Pike Lancaster, PA 17601 Lancaster, PA 17601 Bank of Lancaster County Mr. and Mrs. Frank Muscolina 101 North Pointe Blvd. 1341 Olde Saybrook Road Lancaster, PA 17061 Lancaster, PA 17601 Neffsville Associates Decision: Commissioner Reinaker read the following: This matter comes before the Board of Commissioners ( Commissioners ) of the Township of Manheim, Lancaster County, Pennsylvania ( Township ), on the Application ( Application ) of NEFFSVILLE ASSOCIATES ( Applicant ) under Sections 704.1 and 1655 of the Zoning Ordinance of Manheim Township 1989 ( Zoning Ordinance ), for further Conditional Use Approval of modifications to the development standards of Article 16A of the Zoning Ordinance in connection with a proposed planned residential development ( Proposed PRD ) of a tract of land ( Tract ) consisting of approximately 95.4 acres, located on the west side of Kissel Hill Road and to the south of East Oregon Road in the Township, the Commissioners having previously granted: by written decision of November 15, 1993 ( First Conditional Use Approval ), conditional use approval of the Proposed PRD, as then presented by the Applicant, and conditional use approval of specific modifications to the development standards of Article 16A of the Zoning Ordinance with respect to the Proposed PRD; and, by written decision of December 11, 1995 ( Second Conditional Use Approval ), conditional use approval of modifications to such development standards with respect to the Proposed PRD (the First Conditional Use Approval and Second Conditional Use Approval being collectively referred to as the Prior Approvals ). Then Commissioner Reinaker moved to GRANT further modification to Neffsville Associates of their tentative approval of the development plan of the proposed PRD as submitted under the Application, SUBJECT to all of the conditions previously set forth and SUBJECT to the following further conditions which are imposed pursuant to the authority granted to the Commissioners under Section 1655 and 1681 of the Zoning Ordinance: 1. The approval granted under this Decision of modifications to the development standards of Article 16A of the Zoning Ordinance is strictly Page 2 of 8
limited to an increase of 16,000 square feet of commercial use within the commercial use area of the Proposed PRD, and is further specifically limited to use of such increased 16,000 square feet solely to accommodate the second floor of the proposed building within the commercial use area as a Full Service Hotel and for no other commercial use or purpose, and, except as so modified, and as previously modified under the Prior Approvals, all other development standards and guidelines set forth in Article 16A shall remain applicable to the Proposed PRD; 2. The Applicant remains subject to all requirements and Procedures of Article 16A of the Zoning Ordinance in connection with its application for final approval of the Proposed PRD, together with those conditions as to such application as set forth in the Prior Approvals; and 3. The Applicant shall remain subject to all of the conditions set forth in the Prior Approvals which have not otherwise been modified by this Decision. This was seconded by Mr. Karpinski. Motion carried unanimously. Resolution 2000 38: Authorizing the Acquisition of Transferable Development Rights Attributable to Property Owned by Jay E. Landis and Sharon J. Lands Commissioner Karpinski moved, and Mr. Gordon seconded to adopt Resolution 2000 38 authorizing the acquisition of Transferable Development Rights attributable to property owned by Jay E. Landis and Sharon J. Landis. Motion carried unanimously. Resolution 2000 45: Planning Module for Peter Alecxih Commissioner Karpinski moved, and Mr. Gordon seconded to adopt Resolution 2000 45 approving the Planning Module for Peter Alecxih. Motion carried unanimously. Resolution 2000 47: Planning Module for Calvary Church Commissioner Karpinski moved, and Mr. Gordon seconded to adopt Resolution 2000 47 approving the Planning Module for Calvary Church. Commissioner Karpinski explained that this is a sewer planning module for the old Calvary Church for a church that is interested in leasing this space. Motion carried unanimously. Ordinance 2000 14: Street Dedication for Kissel Hill Road and Jake Landis Road Commissioner Gordon moved, and Mr. Karpinski seconded to adopt Ordinance 2000 14 approving and accepting the following sections of highways for dedication to the Township: Page 3 of 8
Jake Landis Road from Kissel Hill Road to the eastern limit of the Wheatstone, Phase 1 subdivision, and from the western limit of the Wheatstone, Phase 2 subdivision to the eastern limit of the Wheatstone, Phase 2 subdivision. Kissel Hill Road from the northern limit of the Wheatstone, Phase 1 subdivision to the southern limit of the Wheatstone, Phase 1 subdivision, and from the northern limit of the Rosemont, Phase 1 subdivision to the southern limit of the Rosemont, Phase 1 subdivision, and from the northern limit of the Rosemont, Phase 3 subdivision to the southern limit of the Rosemont, Phase 3 subdivision. Motion carried unanimously. Applied Educational Systems, Preliminary/Final Land Development Plan, Bucky Drive, Lot 27 Airport Industrial Park, Zoned I-1 Commissioner Reinaker moved, and Mr. Gordon seconded approving the Preliminary/Final Land Development Plan for Applied Educational Systems, Bucky Drive, Zoned I-1 and grant the following modifications in accordance with Section 203. of the Subdivision and Land Development Ordinance of 1998: 1. Section 501.1 Preliminary Plan Application Procedures 2. Section 804. Curbs 3. Section 805. Sidewalks 4. Section 803.8.I Clear Site Triangle The approval of the Plan and modifications is subject to the owner/applicant s written acceptance of the following conditions and subject to the submission of information meeting these conditions: 1. The seal of the registered professional Engineer, Land Surveyor or registered Landscape Architect who prepared the plan should be added to the plan set. (Section 502.2.U.) 2. The survey certificate should be completed (Section 602.2.Z.(1).) 3. The ownership certificate should be completed (Section 602.2.Z.(2).) 4. The plan should comply with Section 603. Completion of Improvements or Guarantee Thereof. 5. The plan should comply with Section 604. Recording of Final Plan. 6. Open space should be noted on the plan set. Page 4 of 8
7. The Township should receive written notice from the Department of Environmental Protection indicating approval of the planning module for land development or that such approval is not necessary (Section 502.3.F. and 602.3.M). 8. Notation should be added to the plan indicating that the access drive shall be owned and maintained by the owner of the property (Section 803.8.B). 9. Existing and proposed access drives within the vicinity of the proposed access drive should be identified (Section 803.8.F). 10. The Township should receive written notice from the applicable sanitary sewer and water authorities indicating that they have the ability and willingness to provide the service (Section 602.3.K, 813 and 814). 11. The Township should receive written notice from the adjacent property owner to the east acknowledging and accepting the restrictions associated with the proposed stormwater drainage easement (Section 602.3.C). 12. The stormwater management plans should be certified by a qualified individual (Section 301.1.A). 13. The drainage facilities and easements should be provided to contain and convey the 100-year flows through the project site (Section 301.4.A). 14. An easement should be provided for Swale A. 15. A note should be added to the plan indicating the amount of allowable impervious coverage based on the approved stormwater plans and the amount of proposed impervious coverage. 16. City of Lancaster written approval of the water system design should be received by Manheim Township prior to plan approval. Mr. Joseph Gurney of D. C. Gohn Associates was in attendance to represent this Plan. Commissioner Gordon raised his concern about the clear site triangle. Mr. Gurney explained that the triangle wasn t reduced; it was allowed to have parked cars in it. Because of the stop sign and the cul-de-sac, there will not be much through traffic at this intersection. Similar modifications have been granted in almost all of the other jobs he s been associated with in the Airport Industrial Park. Motion carried unanimously. Manheim Township Commissioners, Preliminary/Final Lot Add-on Plan, Oregon Pike, Zoned Agricultural Page 5 of 8
Commissioner Gordon moved, and Mr. Karpinski seconded approving the Preliminary/Final Lot Add-on Plan for Manheim Township Commissioners, Oregon Pike, Zoned Agricultural and grant the following modifications in accordance with Section 203. of the Subdivision and Land Development Ordinance of 1998: 1. Section 501.1 Preliminary Plan Application Procedure 2. Section 804.1 Curbs 3. Section 502.2.1 Existing Contours 4. Section 805.1 Sidewalk 5. Section 502.Q. Stormwater Management 6. Section 502.2.I. DEP Planning Module 7. Section 809. Park & Recreation Dedication 8. Section 813.8 Sanitary Sewer Easement to 30 feet in width The approval of the plan and modifications is subject to the owner/applicant s written acceptance of the following conditions and subject to the submission of information meeting these conditions: 1. The existing sanitary sewer easement on the western boundary line be increased to 15 feet to the east from the centerline of the existing 8-inch sanitary sewer. 2. The plan should comply with Section 604. Recording of Final Plan. 3. The ownership certificate should be completed. (Section 602.2.Z.(2).) Mr. Greg Strausser was in attendance to represent this Plan. Motion carried unanimously. Granite Run, Lots 18 and 19, Stormwater Management Modification Request, Zoned I-1 In accordance with Section 701. Modifications from the Stormwater Management Ordinance of Manheim Township, 1998, Commissioner Reinaker moved, and Mr. Gordon seconded denying the modification request for Granite Run Lots 18 and 19, Granite Run Road zoned I-1 for peak post-development flow requirements as stated in Section 301.4.B. Commissioner Reinaker explained that this type of request, to modify the stormwater requirements, is taken very seriously, particularly in an area where there have been problems in the past. Motion carried unanimously. President Baldwin then asked the Boy Scouts in attendance if they understood the previous proceedings. They answered that they did not, so he explained that the Board Page 6 of 8
has been taking action on requests from applicants that either want to develop something, or build something in the Township. This is the process by which these plans go through. What they ve heard tonight is the culmination of months of dialogue and expense in making this happen. Department Reports: Commissioner Gordon reported that Public Works is getting ready for leaf-gathering season. The first round will begin the first full week of November. He was pleased to see that many residents along the State roads and some of the other roads have picked up some of the biodegradable bags to use with their leaves. He explained that on the State roads, the residents are required to use these bags. This should help the Township in the composting facility and the recycling plans. Also, the Township is moving ahead with plans for the composting facility. The next step is the preparation of the design plan to present it to DEP for their final approval. This is expected to by done by March, 2001; dirt should be moved by May, 2001. Commissioner Karpinski reminded the residents and businesses that all of the Volunteer Fire Companies are in the midst of their fund drives. He noted that Manheim Township residents are very fortunate to have three fire companies comprised totally of volunteers. This saves the residents thousands of dollars in tax money. Good quality fire protection in the Township is extremely important. President Baldwin announced that Trick-or-Treat night will be Tuesday, October 31, 2000 from 6:00 p.m. until 8:00 p.m. throughout the County. Correspondence & Petitions: There was no written correspondence before the Board this evening. Ms. Donna Carson, the Treasurer of the Laurel Pond Homeowner s Association, a single-family housing development located at the corner of Fruitville Pike and Quarry Road addressed the Board. She explained that she wrote a letter to Mr. Martin about a month ago, and presented some details. The development was built by Mr. Bill Lefever. The streets of Laurel Pond were dedicated to Manheim Township on November 8, 1999. The Homeowner s Association has been paying PP&L bills for streetlights since that time. They have contacted Phil Mellott at the Township who wrote a letter to PP&L. They have since found out that they are no longer responsible for the streetlights. It is her understanding that the Township is now assuming responsibility for those bills. On behalf of the Homeowner s Association, Ms. Carson and Ms. Lynne Guimond, the President of the Homeowner s Association, requested that the Board of Commissioners support the reimbursement for those PP&L street light bills that their Association has incurred since November 8, 1999. Ms. Carson explained that there was miscommunication between the Township and the builder, Mr. Lefever. She presented an itemized bill from PP&L for $1,639.94 since November 8, 1999. Mr. James Martin, Township Manager, explained that when a development is completed, the Township generally takes over such things as streets, sewers, and lights. For some reason, that just wasn t done. Commissioner Karpinski moved, and Mr. Gordon seconded to pay $1,639.94 for electric bills that were inadvertently not sent to the Township for the Page 7 of 8
Laurel Pond Homeowner s Association. Motion carried unanimously. Ms. Carson and Ms. Guimond thanked the Board of Commissioners. Mr. Vincent Kneizys discussed Butler Avenue, which he called the mini disaster area of Manheim Township. He asked when it will be completed. He presented photographs to illustrate the situation. Commissioner Karpinski agreed that this is a problem. President Baldwin explained that there is a hold-up with the City water line. Mr. Kneizys stated that equipment is being stored there, cones are put up one day and disappear the next day, and the safety markers that are supposed to be on the sewers are actually on the ground. President Baldwin took Mr. Kneizys s telephone number to tell him when this situation will be resolved. Mr. Bob Greider of Flory Mill discussed his situation. Representatives from DEP told him he has the proper permits and it really should be fixed. He s concerned about getting the work done before winter comes. He came back this evening because he hasn t heard anything since the last meeting he attended. Commissioner Reinaker explained that because of the Manheim Township Ordinance, Mr. Greider has two options: to either do the repair work according to what s required in the Ordinance, or get the survey done that will show that in peak flow times, it will not increase the downstream level of water. He explained that this is all spelled out in the Ordinance. Mr. Greider invited the Commissioners to come out and visit the site, as he didn t feel either of these options were appropriate. Commissioner Reinaker explained that the Board must follow the advice of the Township Planning staff. President Baldwin reiterated that the Board relies on the expertise of the Township staff. He further explained that if Mr. Greider doesn t agree with this, he is free to seek legal representation. Mr. Greider felt that a variance should be made to the Ordinance; that since this building is so old, it should be grandfathered before the Ordinance. President Baldwin stated that unless Mr. Greider can make an effective case that it should be, and the Board accepts it, the Board will follow the recommendations of Township staff. Mr. Greider thanked the Board. Other Business: There was no Old Business this evening. Adjournment: There being no further business before the Commissioners, Commissioner Gordon moved and Mr. Karpinski seconded that the meeting adjourn at 8:35 p.m., with all in favor. Respectfully submitted, James M. Martin Manager-Secretary Page 8 of 8