Meeting Minutes State College Borough Council Regular Meeting/Work Session Monday, June 18, 2018 The State College Borough Council met on Monday, June 18, 2018, in the State College Municipal Building, 243 South Allen Street, State College, PA 16801. Mayor Hahn called the meeting to order at 7:02 p.m. Present: Absent: Donald M. Hahn, Mayor Evan Myers, Council President Jesse L. Barlow Catherine G. Dauler Janet P. Engeman Theresa D. Lafer Dan Murphy David J. Brown Also present: Thomas J. Fountaine II, Borough Manager; Deborah A.S. Hoag, Director of Public Works; John Gardner, Chief of Police; Roger A. Dunlap, Assistant Borough Manager; Ed LeClear, Director of Planning; Dwight Miller, Finance Director; Thomas R. King, Assistant Borough Manager; Douglas Shontz, Communications Specialist; Amy J. Kerner, Borough Engineer; P. Rick Ward, Parking Manager; Tom Dougherty, UPUA Student Representative; Stacy E. Hall, Recording Secretary; Borough residents and members of the media. Public Hearings Substantial Amendments to Borough of State College s 2015-2019 Consolidated Plan (CP) and to the FY 2014 through FY 2018 Consolidated Plan Annual Action Plans (CAPs) Mr. Fountaine stated that Council was asked to consider amending the 2015-2019 CP and the 2014 through 2018 CAPs regarding the proposed use of Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) funds. He added that the CDBG Citizen s Advisory Committee reviewed the proposed amendments on May 1 and unanimously recommended that the changes be approved by Council. Maureen Safko, Senior Planner/CBDG, gave a presentation outlining the goals of the proposed amendments to the 2015-2019 CP and the 2014 through 2018 Annual Action Plans. She explained the goals were to expedite use of older funds not previously allocated to an activity and to complete streetlight replacements previously planned for 2018 and 2019 one year earlier in 2018. She said the proposed amendments would create new Community Housing Development Organization (CHDO) rental activity, allocate budget increases in CDBG and HOME funding and allocate program income to housing activities. Mayor Hahn asked for public input or comments. After seeing there were none, the public hearing was closed. 2019-2023 Capital Improvement Plan Mr. Fountaine said the proposed 2019-2023 Capital Improvement Plan (CIP) was distributed to Council on May 14 and had been reviewed during work sessions held on May 21, June 4 and June 11. Mayor Hahn asked if anyone from the public would like to comment on the proposed 2019-2023 CIP. After seeing there were no public comments, Mayor Hahn closed the public hearing.
Public Hour Hearing of Citizens Mayor Hahn asked if anyone in the audience wished to address Council with an item that was not on the agenda. No one from the audience wished to address Council. Items of Information from Council Members Mr. Myers stated that our Nation, State and Borough faced a crisis and our nation was the one doing the attacking. He explained the situation where the Trump Administration was putting houses and tents on the Texas border to house the children of immigrants who were being arrested for illegally crossing the border from Mexico into the United States. He added that Americans had a moral ability to disobey unjust laws. He said that in light of the Borough s pro-immigration status, he and the Mayor planned to send a letter to the Attorney General, State Representatives and Senators outlining the Borough s disdain of separating children from their parents. He asked Council to endorse such a letter stating that the letter could have little bearing, but our voices must not be silent in this matter. Ms. Lafer stated she backed this action and agreed that the Borough could not be silent. Mr. Barlow said he called Senator Toomey s office and left a message stating this action was not only morally offensive, but it violated our constitution and international law and was classified as torture. He encouraged everyone to call their Senators and Congressmen and voice what an appalling action this was. Ms. Dauler said she was in support of the letter and agreed with Mr. Barlow that everyone should do their part to make individual opinions known to their congressional delegations. Mr. Myers said a letter would be prepared and sent to the Attorney General, Representatives, Congressmen and Senators stating this was endorsed unanimously by Council. Mr. Barlow urged Council to become educated about House Bill 2241 regarding the ability of municipalities to regulate containers for food or the transportation of food and other items. Consent Items Ms. Dauler made a motion to approve the following Consent Items. Mr. Barlow seconded the motion, which passed unanimously in favor. Approve the closure of East Foster Avenue between Fraternity Row and Sidney Friedman Park, on Wednesday, July 4, 2018, from 9:15 a.m. to 12:00 p.m., for the Centre Region Parks and Recreation s annual Kids on Wheels Parade. Approve Payroll and Accounts Payable vouchers for the month of May in the amount of $4,444,692.12. Approve the use of the Martin Luther King, Jr. Plaza, from 4:30 p.m. to 9:30 p.m., on July 6, August 3, September 7, October 5, November 2 and December 7, 2018, for the Downtown State College Improvement District s First Friday activities. Award Project #1-2018 (Sidewalk Replacement Project) to Spicer s General Contracting, LLC., the low bidder, in the amount of $86,200. Approve a revised location of the temporary construction easement over a portion of the Borough s adjoining property to provide access to the rear of their property from University Drive during construction at the Bellaire Avenue Apartment project at 709-719 Bellaire Avenue and authorize the Manager to execute the construction easement agreement. The location revision
was due to utility conflicts that became apparent after performing due diligence prior to constructing the access drive. Authorize the Borough Manager to execute a Right-of-Way Use Agreement and Structural Support Agreement with AT&T for communication facilities in accordance with the Borough s Communications Systems Rights-of-Way Use Ordinance. Planning and Zoning Substantial Amendments to Borough of State College s 2015-2019 Consolidated Plan (CP) and to the FY 2014 through FY 2018 Consolidated Plan Annual Action Plans (CAPs) Mr. Fountaine reported that Council was asked to approve the proposed amendments to the 2015-2019 CP and to the 2014 through 2018 CAPs and that a public hearing on the amendment was held earlier in the meeting. He added that the proposal was properly advertised, and a mandatory comment period had passed to receive public comment on the amendments. Ms. Lafer made a motion to approve the proposed amendments. Ms. Dauler seconded the motion. Ms. Lafer wished to confirm that the only change was that the dates have been moved as to when the work was being done. Mr. LeClear said that was correct. The motion to approve the proposed amendments to the 2015-2019 CP and to the 2014 through 2018 CAPs passed unanimously. Approve Conditional Use Permit for 1780 South Atherton Street Motor Vehicle Oriented Business (MVOB) Mr. Fountaine stated an application was submitted for a MVOB conditional use permit for the development of a KFC at 1780 South Atherton Street and a public hearing was held on June 4. He added that a draft decision was provided for Council's review on June 11 and staff was recommending that Council approve the conditional use decision. Ms. Lafer made a motion to approve the conditional use permit for 1780 South Atherton Street MVOB. Mr. Murphy seconded the motion and all Council members voted in favor. General Administration 2018 Central Pennsylvania Festival of the Arts (CPFA) Mr. Fountaine reported that Rick Bryant, Executive Director of the CPFA, had submitted his annual request to allow for the 2018 Arts Festival to be held on July 11 15, 2018, and staff was recommending that Council adopt the ordinance to designate the time and place for the festival and to suspend certain other activities designated by the ordinance. Ms. Engeman made a motion to adopt the ordinance to designate the time and place for the festival and to suspend certain other activities in the designated area. The motion was seconded by Ms. Dauler which passed unanimously in a roll call vote. Request for an Exception to the Open Container Ordinance and Approve the Pop-Up Ave Fall Market Event Mr. Fountaine said that Pop-Up Ave had applied for a Special Activity Permit and a request for an open container exception for the Pop-Up Ave Fall Market event for the 100 block of South Fraser Street and the Dr. Martin Luther King, Jr. Plaza on Saturday, September 22, 2018, and as required by the open container exception ordinance, the Downtown State College Improvement District (DSCID) was cosponsoring the event and had recommended approval of the open container exception, with conditions. He added that staff recommended Council conditionally approve the Pop-Up Ave Fall Festival event and grant the applicants Open Container Ordinance waiver request. He informed Council that the event
organizers, Brad and Andrea Groznik were in attendance to provide any additional information needed about their request. Ms. Lafer said she could not understand why alcohol was required in a community where there was already an alcohol problem and thought it taught children that alcohol was needed to have fun and she would not be voting in favor of the ordinance waiver request. Mr. Murphy made a motion that Council approve the Pop-Up Ave Fall Festival event and grant the applicants Open Container Ordinance waiver request. Ms. Dauler seconded the motion. Mr. Myers asked for Council to vote by raising their right hands. The motion passed 4 2 with Ms. Lafer and Ms. Engeman voting against the Open Container Ordinance waiver request. Public Works Traffic Pattern Changes to Calder Way, Beaver Avenue, Hiester Street, and Garner Street during Construction of the Garner Street Lot at 132 South Garner Street Mr. Fountaine said the developers for the project bounded by Garner Street, Calder Way, Beaver Avenue, and Hiester Street requested approval to alter traffic patterns on various roadways and sidewalks during the project construction as follows: Calder Way - Closure of one-half of Calder Way approximately 70 feet west of Calder Way. The remainder of Calder Way would remain open to accommodate deliveries. Hiester Street - Closure of one-lane of Hiester Street with one-way traffic heading south from Calder Way to Beaver Avenue. Two lanes are to remain open on Hiester Street, between College Avenue and Calder Way, so traffic from Calder Way was not restricted. On-street parking between Calder Way and Beaver Avenue would be eliminated for the duration of the closure only, resulting in a reduction of seven on-street spaces. Beaver Avenue - Traffic would be shifted to allow for placement of a protected pedestrian walkway. PennDOT approval would be required for the traffic pattern on Beaver Avenue, as well as when conducting crane sets on Beaver Avenue. Garner Street Closure of one lane with shift of traffic to the east while maintaining two-way traffic. Sidewalk - Closure contiguous to the entire property with barriers adjacent to the site for safety. Sidewalk detour signage would be posted to direct pedestrians to cross at appropriate locations. Additional protected pedestrian walkways would be provided. Mr. Fountaine reported that staff had reviewed the request and determined there were no major issues with this request but recommended the following considerations: Establish parking on west side of Hiester Street by maintaining 1-11 travel lane and 1-6 parking lane on the west side of Hiester Street. Owner/Developer provide written verification that contact had been made with all adjacent property owners, across Garner Street and Hiester Street, and each had been given an opportunity to provide comment. Owner/Developer maintains 2-11 travel lanes on Garner Street and a protected pedestrian walkway on the west side of Garner Street. Traffic signal modifications could be required with the loss of the left turn lane. PENNDOT approval would be required.
Owner/Developer would eradicate the crosswalk across the western crossing of Beaver Avenue and northern crossings of Garner Street and Hiester Street and return them at the conclusion of construction. An agreement was drafted with the developer and would include consideration for the use of the public right-of-way and parking during the 24-month closure. Mr. Fountaine said that representatives of the property owner and the developer were available for questions and staff recommended that Council approve the changes in traffic patterns and lane restrictions as recommended for a period not to exceed 24 months and authorize the Manager to execute an agreement with the owner for these traffic pattern changes and consideration for the use of the rightsof-way. He added that PennDOT approval was required for all changes on Beaver Avenue. Ms. Dauler made a motion that Council approve the changes in traffic patterns and lane restrictions as recommended for a period not to exceed 24 months and authorize the Manager to execute an agreement with the owner for these traffic pattern changes and consideration for the use of the rights-of-way. Mr. Barlow seconded the motion. Mr. Myers commented that there was no indication of when these changes would start. Jonathan Friedman stated that the changes would occur after the arts festival and before the students return. Mr. Myers said this would affect four vehicular areas which was a unique set of circumstances and asked how pedestrian safety was being ensured. Mr. Fountaine responded by saying that this project was similar to Fraser Centre and the proposed staff recommendation did include protected pedestrian walkways. He added that there would be a period when those walkways would not be available, but they would be opened at the end of the day and on weekends and that provisions had been included. He said that there would be lane restrictions going from two lanes down to one and the Borough would work with developers to make sure signage was in place. The motion to approve the changes in traffic patterns and lane restrictions as recommended for a period not to exceed 24 months and authorization of the Manager to execute an agreement with the owner for these traffic pattern changes and consideration for the use of the rights-of-way passed unanimously. Official Reports and Correspondence Mayor s Report Mayor Hahn was proud to report that State College would be hosting the inaugural Central PA Theatre and Dance Fest on June 22, 23 and 24. He said he was hoping that this would be State College s next great tradition and referred everyone to www.centralpatheatre.com for more information. President s Report Mr. Myers said he had nothing to report. Regional Liaison Reports Executive Committee Mr. Myers reported that the Executive Committee would be meeting on June 19 and he would report at a future meeting. Finance Committee Mr. Myers said he was not able to attend the last meeting, but COG reported an increase in the budget due to fire fighter stipends, parks maintenance positions and positional changes at the library. He said on the code side there were changes that would not affect municipal shares. Human Resources Committee Mr. Brown was not in attendance, so he could not provide a report on the Human Resources Committee. Parks Capital Committee Ms. Engeman said Bruce Lord gave a report outlining the responsibilities of the Parks Capital Committee. She added that there were discussions about the action sports park and responsibilities of the region for parks in general. Public Safety Committee Ms. Dauler reported that the Alpha Fire Company responded to 1,359 incidents in 2017. She added that the Emergency Management Program Plan was reviewed.
Public Services Committee Ms. Engeman said she attended the meeting for Mr. Barlow and reported that Colleen Barrett gave a report on gas emissions. She said they also discussed refuse and compost issues. Transportation and Land Use/MPO Committee Ms. Lafer reported the Committee met on June 4 and discussed the CATA draft budget in great detail. She announced that grant funding was received for the I-80/I-99 interchange and Potters Mills 322 and thanked everyone who worked with the Drive Forward Program. She added that next month the Committee would be discussing affordable housing in the region. Ad-Hoc Facilities Committee Mr. Murphy reported that he attended his third meeting which concluded his training. He said in July the Committee would be conducting site visits to facilities and developing action plans if necessary. Centre Area Cable Consortium Mr. Fountaine attended this meeting in place of Ms. Dauler. He reported that C-Net s needs were reviewed, and a copy of the needs assessment would be forwarded to Council. He said there was an extensive discussion regarding negotiation strategies and the process was moving along towards the meeting with Comcast in the near future to continue negotiations. Manager/Staff Report Mr. Fountaine announced that the Sustainability Plan and was scheduled for additional discussion at the July 2 meeting with action scheduled for July 16 and he asked Council to forward questions or comments to him as soon as possible. Ms. Lafer asked Mr. Fountaine if there was a broken water main break on Pugh Street with a water boil advisory this past weekend. He referred the question to Ms. Hoag. Ms. Hoag answered that yes there was and the Borough had been in communication with the water authority who stated the break impacted approximately seven (7) homes and an apartment building and only those residences were on a water boil advisory. Mr. Fountaine added that the media originally reported the water boil advisory, but later updated that it was only for certain customers. Mr. Shontz commented that he had been in contact with the media giving them updates. Mr. Fountaine discussed painting rainbow crosswalks at either the Beaver/Allen intersection or Calder Way/Allen Street in the Borough in correlation with Pride month. Mr. Myers said he was in favor of doing that and suggested doing both intersections. Mr. Dougherty commented that he thought this was a great project. There were no objections from Council. Student Representative Report On behalf of UPUA, Mr. Dougherty thanked the Borough for their work on the Pride crosswalks and hoped this would lead to a more welcoming community. He also thanked Council for the decrease of the speed limit on Atherton Street. Recess to Work Session Mayor Hahn recessed the regular meeting to a work session at 8:06 p.m. 2019-2023 Capital Improvement Plan (CIP) Wrap Up Mr. Fountaine said that Council should provide guidance to staff on any questions or changes they would like to make in the CIP and this review would also take into consideration the oral and written comments that were part of the Public Hearing record. He added that the comment matrix was distributed prior to the meeting and Council would be asked to approve the 2019-2023 CIP at the July 2 meeting. Mr. Myers inquired if all comments had been incorporated in the matrix. Mr. Fountaine said the matrix had been updated based on discussions at last week s meeting and asked that any discrepancies seen, or follow-up information required by Council be captured at this meeting to prepare for the July 2 vote. Ms. Lafer said she was comfortable with the CIP, but was slightly concerned about the amount of funding for downtown since it was not yet detailed and asked that be excluded from the immediate vote so discussions could continue. She also thought more specifics were needed regarding the funding allotted for the West End, so Council was aware what they were voting for. She added that she was pleased with the number of economic developments and housing opportunities that had made it into the CIP. Mr.
Fountaine told Council to keep in mind that the CIP was not an authorization to spend money, but a proposed plan. Adjournment There being no further business to discuss, Mr. Myers adjourned the work session at 8:15 p.m. Respectfully submitted, Sharon K. Ergler Assistant Borough Secretary Prepared by: Stacy Hall, Staff Assistant