Borough council members explain taking The Brewery, Canyon Pizza through eminent domain
A week after State College Borough Council voted to clear the way for the borough to take two downtown properties through eminent domain, plenty of questions remain about the whys and hows of the move.
With council’s formal approval, State College Borough can now seek to exercise eminent domain — the right of a government to take private property for public use (with compensation) — against two downtown properties, one of which includes a Beaver Avenue building that houses longtime businesses such as The Brewery, Canyon Pizza and Music Mart. The plan is for the borough to turn those properties into a parking lot, since replacement space is needed when the 51-year-old Pugh Street Garage is demolished in the coming years.
Despite the borough’s insistence it is committed to “doing all it can” to keep those businesses downtown, the use of eminent domain rubbed many the wrong way, as did the fact property owners received no advance notice of the vote. (More than 4,000 have already signed an online petition to “save” The Brewery.) In hopes to foster more understanding about the vote and accompanying move, the CDT reached out to all seven council members — including the two who opposed the measure, Divine Lipscomb and Gopal Balachandran — and asked them all the same question. (Lipscomb and Council Member Janet Engeman did not offer written responses.)
The prompt: “What are your thoughts on last Monday’s vote to pursue eminent domain, and what would you like the public to know about it?” Below are their responses, edited for clarity and AP style, ahead of the next borough council meeting 7 p.m. Monday at the Municipal Building:
Jesse Barlow, council president
“The Aug. 7 resolution to move forward with discussions with owners of The Brewery, the Music Mart, and Canyon Pizza and Wings, was as a result of the proposed construction of the replacement for Pugh Street Garage. That vote asked the borough’s management to enter in a process — governed by Pennsylvania law, which requires just compensation — to engage the owners and managers of these establishments. I will be following this process very closely; eminent domain cannot be finalized without the passing of an ordinance, which comes after this process.
As council president, I deeply regret and apologize for the fact that the business owners found out about this resolution from a journalist; they should have been notified by the borough. A couple of points seem obscured in the discussion I have read of this.
These businesses are not being kicked out! These discussions will consider compensation, relocation during construction, and permanent location after construction. Just as with the Fraser and Beaver garages, there will be commercial space available. This process is exactly the same as that which created the Beaver Street Garage in the 2000s. A medical nonprofit there was relocated temporarily and then permanently; back in the same location.
We are building no additional parking! The 51-year-old Pugh Street Garage has reached the end of its useful life — its continued use will be unsafe — and it will be demolished. There are many things that space could be used for that would enhance our downtown including businesses, nonprofits and public/private partnerships. We are replacing the garage’s approximately 500 spaces by consolidating parking in the area surrounding McAllister Deck. That means one fewer garage rather than one more.
That project is also part of the borough’s plans to make Calder Way a pedestrian mall, which will make our downtown more walkable. Part of that plan has been rooftop solar panels to meet the borough’s strong renewable energy goals; the newly elected council should press for this and for charging stations at this new garage. In summary, parking garages aren’t anyone’s favorite things, but the replacement of the Pugh garage is a key component of the future of our downtown. That is what I voted for.”
Gopal Balachandran
“The proposal to use eminent domain to take over local businesses and build parking troubled me, which is why I voted against it. I believe the borough should have policy to align with what we want downtown to be, rather than a reaction to maintain the status quo. It would have been a betrayal of the platform I ran on to vote in favor of this resolution. We should encourage less, not the same or more, driving into downtown and use the required demolition of the Pugh Street Garage as an opportunity to further our sustainability goals, like improving our mass transit and bike infrastructure. In addition, I was shocked and truly regret that none of the business owners had received notice of this action.
On the other hand, parking is a complex issue. Many depend on it and there is certainly an argument that parking structures like this could free up space from the street, which could then be used for protected bike lanes. I also recognize that businesses need parking to survive. Finally, I know that eminent domain is a process, without a definite end goal. I fully trust the integrity and motivation of my fellow council members and staff who, along with me, want what’s best for the community. While this is a decision I voted against, I will work hard to ensure the businesses stay in downtown and do not miss a beat.”
Deanna Behring
“The vote Monday night (Aug. 7) was a vote for the borough to begin a process, as defined by law, to engage with the owners of the businesses. The intent is to enter conversations to discuss not only compensation, but relocation during construction and post-construction. I am committed to this process 100% and my understanding is that as of today, the borough staff has reached out to every affected individual to schedule meetings. I regret that the owners were not informed by the borough of this process prior to the meeting on Monday night. It is horrifying that they had to find out from a reporter, and I have talked with the borough manager to express my anger about this mistake.
Please note that we are not building additional parking. We are consolidating parking at the McAllister Deck space. The Pugh Street Garage, which has been deemed unsafe, will be demolished. The space it leaves open provides opportunity for open space, new businesses and public/private partnerships for the community. The new McAllister space will offer borough-subsidized space for businesses, particularly those affected by this plan. This approach is part of an overall vision — as I have heard the community ask for — to consolidate parking, provide walkable spaces, and new places at affordable rates for our LOCAL businesses.
Moving forward, I look forward to hearing from the affected owners about what they need and want for the future of their businesses. Pending the outcome of those initial conversations, there are options to either step back or keep moving forward together.”
Nalini Krishnankutty
“As someone who believes strongly in community engagement, I thank everyone who reached out regarding State College Borough Council’s actions last Monday, around consolidating parking at McAllister Deck. I deeply regret that the borough did not connect with the impacted landowners and businesses when the meeting agenda was published, and I have communicated my dismay to the borough administration.
My reasoning for voting “yes” was to allow the borough to start a process — of engaging with the impacted land and business owners, including The Brewery, Canyon Pizza, Canyon Wings, Music Mart and others, about compensation and relocation, both during and after building the new McAllister garage. My vote was based on the assurance that every effort would be made to keep these businesses downtown. I voted “yes” to minimize the impact of losing about 500 parking spaces when Pugh Street Garage is taken down due to safety reasons around 2028. This loss will impact the many individuals who commute daily to work here and community members of varied age groups who come downtown to shop, eat, enjoy events or get medical care and other services.
Consolidating parking at McAllister supports our local businesses and community by replacing the lost Pugh Street Garage parking — it does not add any new parking. It also supports a sustainable, walkable, vibrant downtown, while providing opportunities to add solar panels and electric vehicle charging stations in the new garage. I am committed to monitoring this evolving process and welcome everyone’s engagement, thoughts and ideas.”
Peter Marshall
“The borough has a responsibility to anticipate and plan for events that we know will occur. Twenty-three years ago, when I was the borough manager, the borough spent approximately $1 million (as I remember it) to repair the Pugh Street Garage so it would last another 10 years. That was over 20 years ago. Engineers and garage specialists have told the borough that the garage will be unsafe and will need to be demolished within the next five years or so.
The garage houses 500 cars from shoppers, residents of the downtown, some of the 17,000 workers who commute to State College daily, and visitors. The borough has to replace those spaces, plus spaces that will be lost at another location. The properties that are being considered for condemnation, along with a larger property already owned by the borough, is one of the few sites in the downtown where this is possible. The condemnation process is designed to insure that property owners receive fair treatment and a fair price for their property.
In addition, possible relocation is part of the process. These discussions are just beginning. If the property owner and the borough can not work out an agreement on price, the matter goes to a neutral Board of View, which sets the value on the property. For property owners who do not want to sell, the proposed condemnation is initially a very upsetting prospect. The prospect of a good financial settlement and assistance in relocation can eventually help to mitigate initial upset.”
