COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, June 9, 2005, 9:30 a.m. - - - 050569 - An Ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute an easement agreement that grants to Philadelphia University an easement to convey storm water from the University's campus across a certain portion of Wissahickon Park and to repair and maintain the University's improvements in a certain easement area in the vicinity of Lincoln Drive, approximately 500 feet northeast of the Henry Avenue Bridge; also authorizing the President of the Fairmount Park Commission and the Executive Director of Fairmount Park to execute an Operations and Maintenance Agreement with the University that sets forth certain requirements for the University to perform improvements in Wissahickon Park and to maintain those improvements; all under certain conditions. V A R A L L O Incorporated Litigation Support Specialists 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 050570 - An Ordinance authorizing the paving of Driftwood Drive, Falls Circle, Riverview Lane and an extension of Founders Place, under certain terms and conditions. 050571 - An Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 163 of the area bounded by Ridge Avenue, Calument Street, the Philadelphia Germantown and Norristown Railroad (SEPTA), and School House Lane, by striking from the City Plan and vacating Gustine Lake Drive, Schuylkill Falls Circle, Genesis Terrace, Hilltop Lane and Falling Water Lane, and by placing on the City Plan Falls Circle, Riverview Lane, Driftwood Drive and an extension of Founders Place, all under certain terms and conditions. 050572 - An Ordinance authorizing the paving of Valley Green Court, under certain terms and conditions. 050573 - An Ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying, for nominal consideration, fee simple title to a certain irregularly shaped portion of 250 Fountain Street, on the southwest corner of the intersection of Silverwood and Fountain Streets, with the improvements thereon, for further conveyance at fair market value. 3 050574 - An Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 299 by placing on the City Plan Valley Green Court and a 40' wide right-of-way for drainage purposes and water main purposes, under certain terms and conditions, including the dedication to the City, free and clear of all encumbrances, of the bed of Valley Green Court. PRESENT: COUNCILMAN FRANK DiCICCO COUNCILMAN JUAN RAMOS COUNCILWOMAN DONNA REED MILLER COUNCILMAN FRANK RIZZO COUNCILMAN DARRELL CLARKE COUNCILMAN MICHAEL NUTTER 4 Streets and Services - 6/9/05 COUNCILMAN DiCICCO: Good morning, everyone. This is the Committee on Streets and Services. My name is Frank DiCicco. I'm the Chair of this committee. Along with me are other committee members. To my immediate left is Councilwoman Donna Reed Miller; to her left is Councilman Darrell Clarke; and to his left is Councilman Frank Rizzo. I will ask the clerk to read the title of the first bill.
Bill No. 050569, an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to execute an easement agreement that grants to Philadelphia University an easement to convey storm water from the University's campus across a certain portion of Wissahickon Park and to repair and maintain the University's improvements in a certain easement area in the vicinity of Lincoln Drive approximately 500 feet northeast of the Henry Avenue Bridge; also authorizing the 5 Streets and Services - 6/9/05 President of the Fairmount Park Commission and the Executive Director of the Fairmount Park Commission to execute an Operations and Maintenance Agreement with the University that sets forth certain requirements for the University to perform improvements in Wissahickon Park and to maintain those improvements, all under certain conditions. COUNCILMAN DiCICCO: Is there anyone here from the streets department or public property? Fairmount Park, thank you. Whoever's here on behalf of the City, please come forward to testify.
Good morning, members of Council. My name is Mark Focht. I'm director of Environment, Stewardship, and Education for the Fairmount Park Commission, and I'm here to testify in support of Bill No. 050569. This bill would authorize the Public Property Commissioner to execute an easement agreement with Philadelphia 6 Streets and Services - 6/9/05 University and it would authorize Fairmount Park officials to execute an operations and maintenance agreement with Philadelphia University regarding improvements and maintenance in Wissahickon Valley Park. The easement agreement will allow Philadelphia University to discharge a strictly controlled amount of storm water across a portion of Wissahickon Valley Park along Lincoln Drive. The accompanying operations and maintenance agreement specifies certain improvements that Philadelphia University must make in the easement area and sets forth requirements for the University to maintain those improvements in the future. Over the years, uncontrolled storm water from Philadelphia University property has caused severe soil erosion in Wissahickon Valley Park. Sediment from the hillside has run into Wissahickon Creek and polluted the stream. Occasionally, large storms wash 7 Streets and Services - 6/9/05 large quantities of stone and soil across Lincoln Drive requiring emergency clearance. In winter months, storm water from the University and melting snow ran onto Lincoln Drive and froze when temperatures dropped, which created dangerous conditions on Lincoln Drive that caused car accidents. We are very pleased that Philadelphia University is making improvements to its campus to reduce storm water discharges to Wissahickon Valley Park and to properly handle the storm water that does run from its campus. The University's creating a large retention basin that will contain the runoff from a hundred-year storm. Water will flow from the basin in a controlled manner into the park. The rate of water discharge from the basin will be less than the runoff into the park before the basin was created. Also, the University will repair an area in Wissahickon Valley Park 8 Streets and Services - 6/9/05 that was damaged by storm water runoff from the University's campus, and the University will make improvements in the park and implement monitoring and repair procedures to ensure that the repaired area is not damaged by future storms. Through a separate but coordinated initiative, the City of Philadelphia streets department will make further improvements in Wissahickon Valley Park below the area where the University is making its improvements. Streets department will implement its work later this year as part of major repairs to Lincoln Drive. The streets department's work will complete the storm water management system for the area of Wissahickon Valley Park affected by storm water from Philadelphia University. Altogether, the improvement by the University together with those from the streets department will allow storm water to be properly conveyed from Philadelphia University to the Wissahickon Creek. 9 Streets and Services - 6/9/05 In summary, under Bill 050569, the City can enter into agreements that will reduce storm water runoff into Wissahickon Valley Park, reduce erosion of the forested slopes in the park below the University, reduce sediment running into the creek, reduce icing on Lincoln Drive, and reduce accidents and traffic delays. Thank you very much. COUNCILMAN DiCICCO: Thank you. Before we proceed with any further testimony, let the record reflect that Councilman Nutter to my right and to his right is Councilman Ramos are also members of this committee. Good morning again and please go ahead with your testimony, whoever wants to go. Excuse me. Councilman Rizzo has a question.
To Fairmount Park, one of the issues I deal with regularly, especially during the winter months, you mentioned about the water 10 Streets and Services - 6/9/05 runoff and it's a very dangerous situation when the storm drains along both Kelly and Lincoln Drive are clogged in some cases in the wintertime when it's about 20, 30 degrees, 37, 38 during the day and then all of a sudden those puddles of water freeze and people are involved in accidents unnecessarily. I know it's tough. I know the 92nd District tries to put salt out and the streets department tries to do what they can do. Someone many months ago told me that this issue that we're discussing here today was also a contributing factor to the runoff over the roadway. It's hard for me to think that that's possible knowing where the University is versus where Kelly Drive and Lincoln Drive are located. Is there going to be any relief from what I just described, the water over the roadway? Will this help this issue?
Yes, Councilman, absolutely. The water currently does 11 Streets and Services - 6/9/05 find its way onto Lincoln Drive, but when this project is completed, both the project at Philadelphia University and the streets department project we're working on for Lincoln Drive, that will be corrected.
Because as I'm sure you do know, there's standing water almost all the time on the right-hand operating lane of Kelly Drive and during the summer it's annoying. You get your car washed and the next thing it's all dirty again when you drive through there. But more important is in the winter when the water freezes overnight and you wouldn't expect to have an icy patch there. So I'm glad to hear that this will help that.
Thank you. COUNCILMAN DiCICCO: Thank you. Whoever's next. Joan, are you prepared --
Joan 12 Streets and Services - 6/9/05 Schlotterbeck, Public Property Commissioner. I would just like to go on the record saying I'm here to support this Bill No. 050569. COUNCILMAN DiCICCO: Thank you, Commissioner. Yes, ma'am. Please identify yourself for the record and proceed with your testimony.
Yes. Good morning. My name is Jane Antheil and I'm the vice president for student life at Philadelphia University. And I have a statement I'd like to read. COUNCILMAN DiCICCO: Thank you.
To support, promote, and nurture dynamic learning, cultural understanding, and community involvement, Philadelphia University is constructing buildings with parking structure. These structures will be constructed on the University's main campus located in the Germantown-East Falls section of Philadelphia. The 13 Streets and Services - 6/9/05 campus center is comprised of three levels and will become a central focus for activities and gathering spaces. The recreation center will provide a full array of athletic facilities, including a three court basketball floor. The University believes the construction of these buildings will positively influence future development in the East Falls-Germantown sections of Philadelphia. Project plans have been discussed in many community forums, including public meetings with the East Falls Community Council, the East Falls Zoning Committee, as well as individual meetings with neighborhood groups. The University is located at School House Lane and Henry Avenue in Philadelphia and a portion of the University's main campus is adjacent to and higher in elevation than lands belonging to the City of Philadelphia, which are administered by the Fairmount Park Commission. Through close 14 Streets and Services - 6/9/05 communications between the City of Philadelphia, the Fairmount Park Commission and other interested parties, a plan for storm water management has been developed. The University is in full support of the easement agreement along with the operations and maintenance plan for the management of storm water from the university over, under, and across the park land, which will be recorded in the department of records, City of Philadelphia. Thank you. COUNCILMAN DiCICCO: Thank you for your testimony. Any questions for these witnesses from members of the committee? (No response.) COUNCILMAN DiCICCO: Councilman Nutter, do you have anything?
Thank you, Mr. Chairman. I appreciate the testimony. This particular issue has perplexed us for some time. I appreciate Philadelphia 15 Streets and Services - 6/9/05 University stepping up and trying to resolve this matter. I appreciate the Fairmount Park testimony and the Commissioner of Public Property. Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you. Anyone else here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Bill No. 12 050570 and Bill No. 050571 are being held at the request of the sponsor. I would ask the clerk to read the title of the next bill.
Bill No. 050573, an ordinance authorizing the Commissioner of Public Property to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying, for nominal consideration, fee simple title to a certain irregularly shaped portion of 250 Fountain Street on the southwest corner of the intersection of Silverwood and Fountain Streets, with the improvements 16 Streets and Services - 6/9/05 thereon, for further conveyance at fair market value. COUNCILMAN DiCICCO: Good morning, again, Commissioner.
Good morning, Councilman DiCicco and other members of the Committee on Streets and Services. My name is Joan Schlotterbeck. I'm the Commissioner of the Department of Public Property. I'm here today representing the department to testify in support of Bill No. 050573, an ordinance 14 authorizing me as the Commissioner to execute and deliver to the Philadelphia Authority for Industrial Development a deed conveying, for nominal consideration, fee simple title to a certain irregularly shaped portion of 250 Fountain Street on the southwest corner of the intersection of Silverwood and Fountain Streets with the improvements thereon for further conveyance at fair market value. This bill will permit the City 17 Streets and Services - 6/9/05 through the Philadelphia Authority for Industrial Development to sell a portion of the premises on 250 Fountain Street to the adjacent owner at fair market value. I respectfully ask that City Council approve Bill 050573. I would also ask that the rules be suspended so that the ordinance may be passed upon second reading at Council. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for this witness? Any comments? Anyone else here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask the clerk to read the title of the next bill.
Bill No. 050572, an ordinance authorizing the paving of Valley Green Court under certain terms and conditions.
Good morning, Mr. Chairman and members of the 18 Streets and Services - 6/9/05 committee. My name is Frank Morelli, survey bureau manager of the department of streets. The department of streets would like to offer the following testimony on Bill No. 050572: This is not an administration ordinance but an ordinance requested by Mr. Thomas Citro, Citro Communications, 5419 Oxford Avenue, Philadelphia, PA, who represents Walter Lewis and Bruce Tinnenny. The purpose of this ordinance 13 is to place Valley Green Court on the City plan for the development of 35 new single family dwellings. This ordinance 16 is supported by the department of streets and it is recommended to your committee for favorable action. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the committee? Councilman Nutter.
Thank you, Mr. Chairman. Mr. Morelli, just so we're 19 Streets and Services - 6/9/05 clear, I think you read the testimony for Bill No. 050574. Is that the bill that's placing the street on the plan and 72 is allowing for it to be paved?
Right. Okay. COUNCILMAN DiCICCO: Is the record straight?
Yes. You read the testimony for the next bill versus the other bill. It's okay. COUNCILMAN DiCICCO: So the testimony that was just given was for Bill No. 050574.
Exactly. COUNCILMAN DiCICCO: So why don't you go back and do 72.
Why don't you tell us what you want to tell us about 72.
72 is the paving 20 Streets and Services - 6/9/05 ordinance.
Yes. This is not an administration ordinance but an ordinance requested by Mr. Thomas Citro, Citro Communications, 5419 Oxford Avenue, Philadelphia, Pennsylvania 19124, who represents Walter Lewis and Bruce Tinnenny. The purpose of this ordinance 13 is to pave Valley Green Court for the development of 35 new single family dwellings. This ordinance is supported by the department of streets and recommended to your committee for favorable action. COUNCILMAN DiCICCO: Thank you.
Good morning, Mr. Chairman, members of the Streets and Services Committee. My name is Martin Soffer and I'm here today to testify on behalf of the Planning Commission. The purpose of this ordinance -- this relates 21 Streets and Services - 6/9/05 to 050574. The purpose of this ordinance 3 is to place a new street to allow for the construction of 35 new single family housing units on a 5-acre tract. The Planning Commission has reviewed and approved a preliminary plot of subdivision at its meeting on September 14, 2004. Therefore, the Planning Commission recommends that Bill 11 No. 050574 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Before we proceed, I would ask the clerk to read the title of Bill No. 15 050574 into the record. Thank you.
Bill No. 050574, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 299 by placing on the City Plan Valley Green Court and a 40-foot wide right-of-way for drainage purposes and water main purposes, under certain terms and conditions, including the dedication to the City, free and clear of all encumbrances, of the bed of 22 Streets and Services - 6/9/05 Valley Green Court. COUNCILMAN DiCICCO: Thank you. Again, are there any questions from the committee, any comments? Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Thank you, gentlemen. This concludes the public hearing on the Committee of Streets and Services. We will now go into the public meeting. The Chair recognizes Councilman Ramos.
Thank you, Mr. Chairman. I move that Bill No. 19 050569 be reported out of committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has 23 Streets and Services - 6/9/05 been properly moved and seconded with a favorable recommendation and a further recommendation that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: Bill is carried.
I move that Bill 050572 be reported out of committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been moved and properly seconded that Bill 050572 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to 24 Streets and Services - 6/9/05 permit first reading at the next session of City Council. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 10 is approved.
I move that Bill 050573 be reported out of committee with a favorable recommendation and the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded Bill 20 050573 be reported out of committee with a favorable recommendation and that the rules be Council be suspended so as to permit first reading at our next session of Council. All those in favor signify by saying aye. 25 Streets and Services - 6/9/05 (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 7 is approved.
I move that Bill 050574 be reported out of committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been moved and properly seconded that Bill No. 050574 be reported out of this committee with a favorable recommendation and that the rules of Council be suspended to permit reading at out next session of Council. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? Streets and Services - 6/9/05 (No response.) COUNCILMAN DiCICCO: Bill is approved. This concludes the hearings on the Committee of Streets and Services. Thank you all for attending. (Whereupon the hearing adjourned at 10:00 a.m.) - - - 27 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence, and objections are contained fully and accurately in the stenographic notes taken by me upon the hearing taken on June 9, 2005, and that this is a true and correct transcript of same. _____________________________ Kimberly A. Overwise Certified Realtime Reporter Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means unless under the direct control and/or supervision of the certifying reporter.)