The residents of Murrysville succeeded in compelling municipal council to delay voting on a zoning plan that many say would leave the community open to an explosion of commercial development.
Council last week voted 5-2 to table the General Business District Overlay plan until its July 16 meeting.
Councilwoman Joan Kearns raised concerns about the language of the overlay plan, which, if passed, would allow certain residential areas adjacent to business property to be used for commercial projects.
She said unclear or vague wording in certain sections of the document ultimately could benefit developers over the wishes of council or the community.
"If you're going to pass this thing, it has to be so iron-clad that you cannot drive even the littlest truck through it," she said.
Mrs. Kearns also criticized council for not scrutinizing the overlay closely enough and charged that developers had more of a role in drafting the plan than residents or council members.
"There has been very little discussion or debate among the entire council on the proposed ordinance, and there needs to be," she said.
"Being spoon-fed an ordinance of this magnitude and of such potential impact to this community, without dissecting each of its parts to make sure it is the best thing for Murrysville, is dangerous."
Council President Nancy Kacin, who, along with council Vice President Lawrence Nicolette, voted against tabling the plan, said that a subcommittee of council has had ample opportunity to review the plan and suggest changes to the draft.
Mrs. Kearns moved to table the plan, saying the overlay contains some "ambiguities" and needs to be subject to more thorough review by all members of council.
At the meeting June 18, council chambers again were packed with dozens of residents who oppose the overlay.
They voiced many of the same arguments presented at a June 4 public hearing on the plan -- specifically, that the overlay would propagate a boom in commercial development and ultimately turn the quiet residential community into a congested shopping area.
Resident Lynn Full said that council was failing its constituents and called for the impeachment of most of its members. She also commended Mrs. Kearns and councilman Dennis Pavlik for their opposition to the overlay.
"I think you need to be reminded that you are truly public servants. This is not a power trip," she said.
"I have no confidence in this council, other than Mr. Pavlik and Mrs. Kearns, to carry out the wishes of the citizenry that elected it. If I could, I'd impeach every one of you."
Many other residents called for the overlay plan to be put on the ballot, but Murrysville Solicitor George Kotjarapoglus said that state law prohibits it.
He said that home rule municipalities are not allowed to put zoning issues up for referendum.
Jerome Wolf, a leader of the Citizens for the Preservation of Rural Murrysville, which formed to lobby against the overlay, presented council with a petition signed by more than 600 residents urging council to vote no on the plan.
Mr. Wolf said that because the petition represents greater than 2 percent of the population of the municipality, council must formally address it as an agenda item within two months, according to the town charter.
Mr. Kotjarapoglus said later during the meeting that the petition could be considered dealt with when the final vote on the overlay occurs July 16.
Also at the meeting Mr. Kotjarapoglus delivered his official legal opinion on allegations that Mrs. Kacin and Mr. Nicolette have a conflict of interest related to the overlay.
Mrs. Kacin is married to Murrysville developer A. Richard Kacin, and Mr. Nicolette is chief financial officer for his firm, the Kacin Companies. Several residents at the June 4 meeting had said the overlay, if passed, would boost Mr. Kacin's business and thus benefit Mrs. Kacin and Mr. Nicolette.
Mr. Kotjarapoglus said in an official statement that voting on the overlay would not represent a conflict of interest on the part of Mrs. Kacin or Mr. Nicolette.
The Kacins, he said, own no property that would be affected by the overlay if it passes, except for a shared interest in the West Penn Plaza shopping center, which is already fully developed.
He further said the overlay plan would not benefit the Kacins or Mr. Nicolette any more than any other person in the same situation, as defined by state law.
Resident Rick Farabaugh shouted from the back of the room, threatening to contact the U.S. attorney's office regarding Mrs. Kacin and Mr. Nicolette's votes.
He was later removed from council chambers by a police officer for repeatedly shouting criticism when he did not have the floor.
