Meeting Agenda State College Borough Council Regular Meeting Monday, March 5, :00 p.m.

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1 Meeting Agenda State College Borough Council Regular Meeting Monday, 7:00 p.m. I. Call to Order II. III. Moment of Silence and Pledge of Allegiance Roll Call Donald M. Hahn, Mayor Evan Myers, Council President Jesse L. Barlow David J. Brown Catherine G. Dauler Janet P. Engeman Theresa D. Lafer Daniel Murphy IV. Public Hour Hearing of Citizens Anyone in the audience wishing to address Council with an item that is not on the agenda should ask to be recognized at this time. Each speaker will have up to four minutes to present comments to Council. V. Special Business/ABC Reports A. The State Theatre Karen Gregg, Executive Director of the State Theatre, will update Council on the theater s recent activities. B. Focus on Appearance Award - Richard Bryant, Vice-Chair of the Design and Historic Review Board, will present the 2017 Focus on Appearance Award. The recipients are James and Susan Shincovich, the owners of 437 East Fairmount Avenue. The Shincovich s were selected by the Design and Historic Review Board during their December 5, 2017 meeting. The Board indicated they were appreciative of the property owners significant efforts to preserve the historical nature of their residence and preservation of the neighborhood character. This work is a great example of what property owners can do with design can be of value. It was noted that the award is being given due to the improvements made to the building. The Board is very appreciative of the use of quality building materials and design.

2 Page 2 C. Transportation Commission - Transportation Commission Vice-Chairman, Rick Garis, will update Council on the Commission s recent activities. VI. Consent Items Recommendation: Staff recommends that Council approve the following consent items. (Attached to the agenda beginning on Page 7 is the background information.) A. Approve the closure of various roads for the 2018 Penn State home football game schedule as follows: April 21, September 1, 15, 29, October 13, 27, November 10, and 24, 2018, with conditions. [Page 9] B. Approve the use of various Borough sidewalks, on Sunday, March 25, 2018, from 3 p.m. to 5 p.m., for the third annual Palm Sunday Peace Walk. [Page 13] C. Appoint or reappoint the following individuals to various Authorities, Board and Commissions: Name Appoint ABC Term Ending Thomas Daubert Appointment University Area Joint Authority January 6, 2022 Jacqueline Gardner Appointment Board of Health December 31, 2020 D. Approve the updated Investment Policy Statement (IPS) for the Defined Benefit Pension Plans. This updated IPS lists only titles in the Roles and Responsibility section and moves from classifying investments as index/passive/active to index or non-index. These two updates were presented to Borough Council on February 12, VII. General Policy & Administration A. Consider A Resolution Requesting the Local Option for Enforcement of Liquor License Establishment Noise Complaints in the Borough of State College Section of the Pennsylvania Liquor Code authorizes local municipalities to request an exemption of the Pennsylvania Liquor Code statute regarding amplified music being heard off the licensed premises where the local municipality has a noise ordinance and the municipality states they intend to enforce the noise ordinance in place of Pennsylvania Liquor Control Enforcement (LCE) enforcing the statute regarding amplified music. The municipality may request that the exemption apply to the entire municipality or they may request that only a specific area of the municipality be exempted. This is done by the municipality filing an application with the Pennsylvania Liquor Control Board (PLCB) requesting the desired exemption. Finally, if an exemption is granted by the PLCB, the municipality

3 Page 3 may rescind their desire to have an exemption from the amplified music statute with 15 days written notice. Following requests from representatives from the Tavern Association of State College, the Borough has petitioned the PLCB on two previous occasions for the State College Police Department to take responsibility for amplified music enforcement at licensed establishments throughout the Borough. Both requests were approved. The first approval was for 18 months (June 16, 2011 through December 16, 2012) and the second approval was for three (3) years (November 19, 2014 until November 19, 2017). Staff was recently made aware that the Borough s exemption had expired on November 19, Staff has modified its procedures to avoid having the exemption expire before the extension application is filed with the PLCB. In either case, the process for the exemption is the same. During both periods the State College Police Department has been responsible for enforcing amplified noise violations at licensed establishments, it has not generated a significant workload. Between November 19, 2014 until November 19, 2017, the police department received a total of 2,882 noise violation calls for the entire Borough. Of the 2,882 noise calls in the Borough, forty-four (44) of these calls, or 1.53%, were at liquor license establishments in the Borough. This does not include complaints about loud voices in or near licensed establishments since only amplified music coming from the liquor license establishment is addressed by Section of the Pennsylvania Liquor Code. Based on the limited call volume for amplified music and the available Noise Control Ordinance, the Police Department has the resources necessary to continue to take responsibility for this enforcement. Staff Recommendation: Staff recommends Council approve the resolution authorizing the application for the amplified music exemption with the Pennsylvania Liquor Control Board. [Page 17] VIII. Parking A. Highlands Civic Association Proposal to Discontinue the Lifting of Parking Restrictions During Penn State Home Football Weekends. At its regular meeting on February 5, 2018, Council received a staff report and recommendation following data collection and analysis of on-street parking during Penn State home football game weekends. This report was directed by Council in response to a proposal from the Highlands Civic Association (HCA) to discontinue the practice of lifting overnight parking and lawn parking restrictions during Penn State home football weekends.

4 Page 4 Council referred the report and staff recommendation to the Transportation Commission for review and recommendation by February 23, At the Transportation Commission s February 13, 2018 meeting, the Commission reviewed the HCA proposal and the staff report from the fall 2017 football season. The Commission voted to defer a decision to allow more Commission members to provide input, allow more time to receive additional requested information, consider other options beyond the four presented and discuss the potential impact on other neighborhoods depending upon the option recommended. The Commission is requesting an extension of time for its recommendation to Council. In keeping with Council s practice of taking action on matters that affect student residents during the period of the year when Penn State is in session, staff recommends that Council approve the time extension to March 23. This will allow Council to consider this matter and make a decision during the April Council meeting calendar and provide adequate time for implementation of the decision prior to the 2018 football season. Staff Recommendation: Staff recommends that Council approve a time extension for the Transportation Commission report on the HCA Penn State Football Parking Proposal to March 23, [Page 21] IX. Public Works A. Request for Holly Alley Vacation As a part of a subdivision process, staff is recommending that Council consider the vacation of the unopened Holly Alley between Fraternity Row and Clover Alley. Council has the power to proceed to vacate unopened streets or alleys without a petition. The alley was laid out in a plot plan for the area, but was never opened, ordained or maintained by the Borough. Since the alley has not been opened or ordained by the Borough for a period in excess of twenty-one years, the Borough no longer has the power to construct a street in the unopened right-of-way without exercising its power of eminent domain. Furthermore, the abutting property owners, who have utilized the alley space for more than twenty-one years, have successfully closed any outstanding rights in the alley by adverse possession. Attached to the agenda on Page 21 is an aerial view of the alley. The ordinance vacating this unopened alley is also attached. There is a sanitary and a storm sewer located within the unopened right-of-way. The Borough will require an easement for these facilities. [Page 23] The alley right-of-way has been used as a parking area by the abutting property owners, but the creation of this parking area constitutes a violation of the zoning code. Based on staff s review, it has been determined that the Borough has no interest in the opening of this alley.

5 Page 5 As required by statute, in order to complete the vacation, the ordinance must be published once a week for two successive weeks. Prior to the first publication, notice of the ordinance must be provided to the owners of the property abutting the alley in question. The Borough has typically provided both the State College and Centre Region Planning Commissions an opportunity to review and comment on the proposed ordinance. Within ten days after the second publication, an interested party may petition Council for a hearing to be held subject to the time limits contained in the statute. Council may enact the ordinance within thirty days of the second publication, or in the event a hearing is requested, within thirty days following the hearing. At this meeting, Council is asked to authorize publication of the ordinance vacating Holly Alley and scheduling enactment at the available regular meeting following completion of publication. Staff Recommendation: Staff recommends Council authorize the publication of the ordinance vacating a portion of Holly Alley and providing notice to the abutting property owners. B. PennDOT Storm Water Cost-Sharing Project PennDOT has submitted a Storm Water Reimbursement Agreement to the Borough for the Section 152 of the North Atherton Street (SR 3014) improvement project. This reimbursement agreement provides for the Borough to reimburse the local share requirement in the amount of $39, of the total $1,199, for the project s drainage improvements. The Public Works Department has reviewed the most recent cost breakdown provided by PennDOT and the additional itemization provided on plans for the storm water cost-sharing for the North Atherton Street Project Section 152. The additional information as provided on the plans supports the cost-sharing as proposed. Additionally, the Manager and the Solicitor have reviewed the agreement with PennDOT and find it acceptable. Staff Recommendation: Staff recommends Borough Council authorize the Manager to execute the Storm Water Reimbursement Agreement as described above. X. Official Reports and Correspondence A. Mayor s Report

6 Page 6 B. President s Report 1. The President will announce that Council will adjourn to an Executive Session to discuss personnel matters. 2. Membership of the Ad-Hoc COG Building Committee. 3. Renewal of the Kissinger Meadow National Pollution Discharge Eliminate System (NPDES) Permit. 4. The President will announce the following reappointments: Name ABC Term Ending Theresa Lafer Centre County Metropolitan Planning December 31, 2018 Organization Janet Engeman Centre County Metropolitan Planning December 31, 2018 Organization Alternate Amy Kerner Centre County Metropolitan Planning Organization Technical Committee December 31, 2018 C. Manager s Report D. Student Representative Report XI. Adjournment

7 Page 7 CONSENT AGENDA VI. Consent Items Recommendation: Staff recommends that Council approve the following consent items. (Attached to the agenda beginning on Page 9 is the background information.) A. Approve the closure of various roads for the 2018 Penn State home football game schedule as follows: April 21, September 1, 15, 29, October 13, 27, November 10, and 24, 2018, with conditions. B. Approve the use of various Borough sidewalks, on Sunday, March 25, 2018, from 3 p.m. to 5 p.m., for the third annual Palm Sunday Peace Walk. C. Appoint the following individuals to various Authorities, Board and Commissions: Name Appoint ABC Term Ending Thomas Daubert Appointment University Area Joint Authority January 6, 2022 Jacqueline Gardner Appointment Board of Health December 31, 2020 D. Approve the updated Investment Policy Statement (IPS) for the Defined Benefit Pension Plans. This updated IPS lists only titles in the Roles and Responsibility section and moves from classifying investments as index/passive/active to index or non-index. These two updates were presented to Borough Council on February 19, 2018.

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17 Page 17 RESOLUTION A RESOLUTION OF THE MUNICIPALITY OF STATE COLLEGE, CENTRE COUNTY, PENNSYLVANIA, AUTHORIZING THE SUBMISSION OF A PETITION TO THE PENNSYLVANIA LIQUOR CONTROL BOARD FOR A HEARING TO CONSIDER AN EXEMPTION FROM THE STATUTE REGARDING AMPLIFIED MUSIC BEING HEARD OFF THE PREMISES OF LICENSED ESTABLISHMENTS. WHEREAS, the Municipality of State College filed a petition with the Pennsylvania Liquor Control Board requesting an exemption for the Borough of State College from the amplified music statute. WHEREAS, the Municipality of State College has a Noise Control Ordinance 1987 that has been in existence for years. WHEREAS, the Municipality of State College was approved by the Pennsylvania Liquor Control Board to conduct enforcement of amplified music violations at liquor license establishments between June 15, 2011 and December 16, 2012 and again between November 19, 2014 and November 19, WHEREAS, the Municipality of State College desires again to take responsibility for enforcing amplified music violations at liquor license establishments using Noise Control Ordinance 1987 or Section 5503 of the Pennsylvania Crimes Code. NOW, THEREFORE, BE IT RESOLVED, the State College Borough Council does hereby approve the submission of a petition to the Pennsylvania Liquor Control Board requesting a hearing to consider an exemption from the amplified music statute be granted to the Borough of State College; ADOPTED as a Resolution this 5 th day of March, ATTEST: MUNICIPALITY OF STATE COLLEGE Sharon K. Ergler By: Evan Myers Assistant Borough Secretary President of Council

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19 Page 19 PETITION To the Pennsylvania Liquor Control Board: Your petitioner, State College Borough Council, respectfully represents: 1. Petitioner is the Borough of State College, a Home Rule municipality located in Centre County, Pennsylvania, with its office located at 243 South Allen Street, State College, PA (hereinafter Borough ). 2. Petitioner has been requested again by members of the Tavern Association of State College (hereinafter TASC ), to petition the Pennsylvania Liquor Control Board (hereinafter Board ) to exempt license establishments in the Borough from the Pennsylvania statute regarding amplified music being heard off their premises. 3. Petitioner regulates and enforces all other noise levels in the Borough. 4. That the level of noise in the Borough is monitored and enforced by local police through the Borough s Noise Control Ordinance 1987 or through the Pennsylvania Crimes Code, Section 5503, Disorderly Conduct. 5. Petitioner was previously granted an exemption by the Board regarding amplified music being heard off the licensed from June 15, 2011 until December 16, 2012 and again from November 19, 2014 until November 19, Petitioner again desires and intends to enforce its Noise Control Ordinance 1987 or the Pennsylvania Crimes Code for the entire Borough through their local police department instead of enforcement of the Pennsylvania statute regarding amplified music being heard off their premises. 7. Petitioner passed a resolution to submit this Petition to the Board at its regularly scheduled public meeting on. 8. That a copy of Petitioner s Ordinance is attached hereto along with the written description of the boundary of the requested exemption, copies of required maps, identification of a proposed location the Board can hold the public hearing, and the print publication that satisfies 65 Pa.C.S. Chapter 7 related to open meetings for publicizing the Board s hearing. 9. Petitioner therefore requests Board to schedule a hearing as required under the Act and grant Petitioner s request for the requested exemption. APPROVED this petition on 5 th day of March, ATTEST BOROUGH OF STATE COLLEGE Sharon K. Ergler By: Evan Myers Assistant Borough Secretary President of Council

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23 Aerial View of proposed Holly Alley vacation Borough Council Regular Meeting Agenda Packet Page 23

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25 Page 25 ORDINANCE AN ORDINANCE OF THE BOROUGH OF STATE COLLEGE, A HOME RULED MUNICIPALITY, PROVIDING FOR THE VACATION OF A PORTION OF HOLLY ALLEY, A RIGHT-OF-WAY EXTENDING FROM ITS WESTERLY INTERSECTION WITH CLOVER ALLEY TO ITS EASTERLY INTERSECTION WITH FRATERNITY ROW IN STATE COLLEGE, PENNSYLVANIA WHEREAS, a portion of Holly Alley is proposed to be vacated; and WHEREAS, State College Borough Council has voted affirmatively to approve such vacation. NOW, THEREFORE, the Borough of State College hereby enacts the following: SECTION 1. Holly Alley, Beginning for a point at the intersection of the easterly line of Clover Alley, a 20 right-of-way, and the northerly line of Holly Alley, a 20 right-of-way; thence along the northerly line of Holly Alley N E a distance of 150 to a point on the westerly line of Fraternity Row, a 50 right-of-way; thence S E a distance of 20 then along the southerly line of Holly Alley S W a distance of 150 to a point on the easterly line of Clover Alley; thence N W a distance of 20 to the place of beginning. Containing 3000 sq.ft. or 0.07 acres more or less, as depicted on Exhibit A, attached hereto and made part of this Ordinance. SECTION 2. The within Ordinance shall take effect 30 days following enactment or the of ENACTED AND ORDAINED as an Ordinance by the Council of the Borough of State College on this day of Attest: BOROUGH OF STATE COLLEGE Sharon K. Ergler Assistant Borough Secretary By: Evan Myers President of Council EXAMINED AND APPROVED as an Ordinance this day of, Donald M. Hahn Mayor

26 Page 26 EXHIBIT "A" FOSTER AVENUE N 1" = 40' CLOVER ALLEY HOLLY ALLEY 20' R/W FRATERNITY ROW LAUREL ALLEY