COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON PARKS, RECREATION AND CULTURAL AFFAIRS - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, June 11, 2008 2:50 p.m. - - - PRESENT: COUNCILWOMAN BLONDELL REYNOLDS BROWN, CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILMAN CURTIS JONES, JR. COUNCILWOMAN MARIA QUINONES-SANCHEZ BILL 080427 - An ordinance amending Chapter 15 15-200 of The Philadelphia Code, entitled "Fairmount Park," by removing 5100 Pennypack Street from the areas under the care and jurisdiction of the Fairmount Park Commission... BILL 080540 - An ordinance authorizing the Commissioner of Public Property and the Executive Director of Fairmount Park to enter into an air rights license agreement... - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2
Good afternoon, everyone. The City Council Committee on Parks, Recreation and Cultural Affairs is now in a public hearing to hear testimony on two bills, in this order: 080540 and Bill No. 8 080427. Councilmembers in attendance are Vice-Chair of this Committee, Councilman Curtis Jones representing the 4th Councilmanic District, and Councilman Darrell Clarke representing the 5th Councilmanic District. Thank you, members. We will now ask our Clerk to read the title of our first bill, which will be 080540.
An ordinance 20 authorizing the Commissioner of Public Property and the Executive Director of Fairmount Park to enter into an air rights license agreement with Main Street Partners, LP allowing Main Street Properties, LP to construct a deck over a 3 6/11/08 - PARKS - BILLS 080427 and 080540 certain portion of the Manayunk Canal Towpath at 2 Rector Street, under certain terms and conditions.
We want to thank our Clerk, and we want to alert the testifiers that the first testifiers up will be the leadership and the Executive Director of the Fairmount Park Commission, Mark A. Focht, and he will be followed by the elected officials, Lower Merion Commissioner, Brian A. Gordon, Esquire, and the representative for Congressman Chaka Fattah's office. (Witness approached witness table.)
Thank you. 4 6/11/08 - PARKS - BILLS 080427 and 080540 Chairwoman Reynolds Brown and Committee members, Mark Focht, Executive Director of Fairmount Park. Very pleased to appear before you today on behalf of Fairmount Park in support of Council Bill 7 080540 authorizing Fairmount Park to enter into a license agreement for certain air rights adjacent to a property located at 2 Rector Street in Manayunk. The proposed ordinance will enable the property owner of 2 Rector Street to construct an outdoor deck along the southwest side of the property adjacent to the Manayunk Canal and Towpath. This license agreement for air rights is desirable to the City of Philadelphia and the neighborhood of Manayunk. A 2005 design study by the Manayunk Development Corporation provided that decks and balconies along the Canal and Towpath will activate and enliven this historic stretch of the Canal. The development corporation further believes that the opening of businesses to the 5 6/11/08 - PARKS - BILLS 080427 and 080540 Canal is the future of Manayunk's revival and sustenance. The Canal and Towpath are under the jurisdiction of Fairmount Park, and we support the findings of this study. The business terms of this air rights license have been evaluated closely by Fairmount Park staff in consultation with the Law Department and were approved by the Fairmount Park Commission on June 2, 2008. We have worked closely with Main Street Properties, LP, the property owner of 2 Rector Street, to ensure that the initial license fee and fee escalations for the air rights are consistent with market rates in Manayunk. The current tenant of 2 Rector Street is the restaurant Bourbon Blue. Through the air rights license agreement, the deck will be contractually limited in use solely for the purpose of dining. No 24 amplified music, cooking or commercial displays will be allowed on or below the 6 6/11/08 - PARKS - BILLS 080427 and 080540 deck, and the tenant will be responsible for daily inspection and cleaning underneath the deck. Fairmount Park staff and our partners at the Manayunk Development Corporation will monitor use of the deck and ensure that the deck space is used in an appropriate and non-disruptive manner and in accordance with all applicable laws. Fairmount Park's ten-year strategic plan issued in June 2004 recommended that Fairmount Park become more entrepreneurial in order to enhance its ability to maintain and manage the park and drive the City's economic development. This ordinance advances this goal of the strategic plan by promoting the economic development and continued revitalization of Manayunk through an agreement with solidly negotiated business terms which are beneficial to the park, the property owner and the City. 7 6/11/08 - PARKS - BILLS 080427 and 080540 I appear before you today to pledge the support of Fairmount Park for this legislation and respectively ask that this Committee favorably recommend Bill 080540. Thank you and I'd be pleased to answer any questions.
Any questions from members of the Committee? (No response.)
Let me ask, is this a first, sir? Is this a first, Mr. Focht?
As far as an air rights license agreement, yes. This is the first time the Commission has done an air rights agreement and it's the first such agreement on the Manayunk Canal, which we hope working with our partners there will be more in the future.
Okay. Very well. We thank you for your important testimony.
We want to acknowledge the presence of Councilwoman Maria Quinones-Sanchez, also a member of this Committee. Now if we could please hear from our Lower Merion Commissioner, Brian A. Gordon, Esquire, and the representative of Congressman Chaka Fattah's office, Solomon Jones, in that order. (Witnesses approached witness table.)
Good afternoon. COMMISSIONER GORDON: Thank you very much, Councilwoman, Councilpersons. It's truly a pleasure to be here today. It's a pleasure in that a member of Council in the suburbs is joining with you. But it's not really the beginning of our cooperation. I understand our Department of Parks and Recreation has been working in consult or communications with your Department of Parks and 9 6/11/08 - PARKS - BILLS 080427 and 080540 Recreation to look at the development of Schuylkill River on both sides of the river already. So it's really a continuation of a good process that's already gotten started. I am one of the Lower Merion Township Commissioners. My ward is the 12th Ward, which is Merion, and I wish to speak in favor of the steps you're taking, the ordinance which will revitalize the Manayunk Towpath. The reason for my support is that across the Schuylkill, we are taking significant steps to revitalize our waterfront. We're in the process of converting the R6 rail line into a multi-purpose bike riding and walking trail. We are also opening up our waterfront along the Schuylkill where you once saw factories on the other side, which we called our manufacturing district, and we're opening up with new overlay zoning to encourage both residential -- actually, for the most 10 6/11/08 - PARKS - BILLS 080427 and 080540 part, residential and perhaps some office development in that area. So whereas you might see the Manayunk -- there's a movie theatre in Manayunk. Across the way you'll eventually see buildings coming up on the other side, and they're being designed very carefully to be stepped back away from our river trail, which is also a project on the other side. We're still in the process of determining how far along it's going to go, but essentially you'll have a building corridor and then right against the river you're going to have a beautiful walking, recreational path that's going to extend essentially from, I guess, the City Avenue Bridge on into Lower Merion along the river. There are also three opportunities to connect Lower Merion with Manayunk. There is the O'Neill Connolly -- the Connolly Container bridge now is owned by the O'Neill Property Group, and that's the one that connects 11 6/11/08 - PARKS - BILLS 080427 and 080540 closest to the movie theatre. Further down there's a freight bridge, which my Parks and Recs person took me over, sort of walking over this wonderful freight bridge, and it goes right sort of into the heart of Manayunk behind many of the stores. And then there's also the beautiful viaduct bridge, and the neat thing about the viaduct bridge -- it's the one with all the arches going over to Manayunk -- is that when we complete the R6 Cynwyd -- the R6 trail, which will become the Cynwyd trail, you'll be able to walk from really kind of sort of deep in Lower Merion down this beautiful railroad track, which will now be a path, which is in a valley between Laurel Hill Cemetery and the other cemetery and it connects up right to the viaduct bridge. That bridge once was the rail bridge that connected the train on its route to Norristown. So folks will be able to walk clear, if we can pull this together, will be able to walk from Cynwyd Station, 12 6/11/08 - PARKS - BILLS 080427 and 080540 which is at Conshohocken State Road at the top of Bala Avenue, all the way and around about two miles toward Manayunk and then cross over. Then folks can come down, as I did with my Parks and Rec, the Assistant Director. We had dinner in Manayunk and then we crossed one of the bridges and came back. It was really a neat experience. And when it's done, people will be able to do this really by bike, by walking, running, whatever. They'll be able to -- we'll be connected up. So when we connect Manayunk with these projects, we'll create a wonderful amenity for both of our communities and take a meaningful step towards regional cooperation.
As I mentioned, people will be able to walk, bike, run or roller blade across the Schuylkill from a green trail to a wonderful shopping and entertainment district, which is also, of course, a wonderful residential neighborhood, and 13 6/11/08 - PARKS - BILLS 080427 and 080540 connect that residential neighborhood with more green space on the other side. So it seems like it's a great synergy and I truly support it. The last note that I have is, it's sort of an historic irony here, is that the Towpath that you're now working on we believe was connected to the Pencoyd Iron Works on our side of the river by the Connolly bridge, so that once the iron or steel was made, they had probably animals take it across the river and then load it into barges along the Towpath. So as you're revitalizing your ancient Towpath, we're revitalizing the steel works on the other side for new and interesting and wonderful uses. That's it.
Well, thank you for your testimony. Any questions of this witness? Councilman Curtis Jones.
No. I just want to thank you for taking time out to 14 6/11/08 - PARKS - BILLS 080427 and 080540 come to the City of Philadelphia and give this testimony as a good neighbor. We had an opportunity on City Avenue to light a bridge that had a long time not been lit, and I think this is a continuation of that reaching across county lines that Mayor Nutter has started that we want to continue in the 4th Councilmanic District to make sure that vitality knows no boundaries and economic development and quality of life issues are addressed by both counties. I want to thank you for coming out. COMMISSIONER GORDON: My pleasure. Thank you.
Let me just underscore how your enthusiasm is contagious. It shows. And the collaboration is a win-win for all parties. Thank you very much. COMMISSIONER GORDON: Thank you, Councilperson.
15 6/11/08 - PARKS - BILLS 080427 and 080540 Mr. Solomon Jones.
Good afternoon, Chairwoman Reynolds Brown and Vice-Chairman Jones, Councilwoman Quinones-Sanchez and Councilman Clarke. My name is Solomon Jones and I'm the Director of Community Relations for Congressman Chaka Fattah, who represents Pennsylvania's Second Congressional District in the U.S. House of Representatives. I am pleased to appear today on the Congressman's behalf in support of Council Bill No. 080540 authorizing Fairmount Park to enter into a license agreement for certain air rights adjacent to a property located at 2 Rector Street in Manayunk. The proposed ordinance will enable the property owner of 2 Rector Street to construct an outdoor deck along the southwest side of the property adjacent to the Manayunk Canal and Towpath. The Congressman's interest in 16 6/11/08 - PARKS - BILLS 080427 and 080540 waterways as both economic drivers and natural resources has been a key element of his work. He helped to secure funding for waterways, including Cobbs Creek, the Tacony Creek and the Schuylkill River. He supported the installation of a fish ladder at the Philadelphia Water Works, and he is excited to offer his support for the development of the Manayunk Canal and Towpath. As the Manayunk Development Corporation found in its 2005 design study, the development of the Canal and Towpath will enliven this historic stretch of the Canal and aid Manayunk in moving toward the next stage of its revival and sustenance. Congressman Fattah believes in that future and would urge both the Fairmount Park Commission and this Committee support it. The passage of Bill No. 080540 is but a first step toward helping Manayunk to reach its full potential. The Congressman believes that the 17 6/11/08 - PARKS - BILLS 080427 and 080540 Manayunk Canal and Towpath, under the guidance of the Fairmount Park Commission and with the support of businesses and elected officials at all levels of government, can combine natural and economic resources in a way that will help the Canal and Towpath become a neighborhood asset, a City asset and indeed a regional asset. It can act as a literal connector between Philadelphia and its suburbs, improving business and moving our regional economy forward in a meaningful way. I appear before you today to offer Congressman Fattah's support for this legislation and to ask that this Committee favorably recommend Bill No. 19 080540. Thank you.
We thank you for your presence and your testimony. Any questions for this witness? (No response.)
Then we 18 6/11/08 - PARKS - BILLS 080427 and 080540 thank you, gentlemen, very much. We'll proceed then with our next panel, the designers and developers for the Manayunk Canal Towpath. Please come forward Mark Keener, B&K Urban Design; Fran Burns, Executive Director of the Manayunk Development Corporation; and Winnie Clowry, President of the Manayunk Development Corporation. Next up after this panel will be the Main Street Partners. (Witnesses approached witness table.)
Good afternoon. If you would proceed with your testimony in whatever order you decide. Just please state your name for the record.
Good afternoon. My name is Kay Secora and I'm with Manayunk Development Corporation and the Schuylkill Project. The Schuylkill Project is working on the waterfront from East Falls through Manayunk. I'm going 19 6/11/08 - PARKS - BILLS 080427 and 080540 to be reading testimony from Mark Keener, who was here earlier but unable to stay. We commissioned a study with him in 2005 that was finished in 2005 to give us building standards to look at the backs of these buildings in hopes that we would be able to foster this kind of development. It's always been a dream for this area that this would be the future of Manayunk that would set it apart. So I'm just going to read his testimony. In 2004, my firm was asked to lead an effort to define the opportunities for and obstacles to enlivening Manayunk's waterfront. It was a four-part task: assess and document the physical qualities of the public realm, we photographed, measured and mapped the Main Street Towpath area. Of special interest to us is the way the buildings that front onto Main Street turn their parks to the Towpath and that Main Street is usually 20 6/11/08 - PARKS - BILLS 080427 and 080540 at a higher elevation than the Towpath. It means that if you enter a Main Street shop or restaurant and walk through the building to get to the waterfront, when you get there, you are a story above. A great view and a nice place to be, but very rarely experienced because few businesses open the backs of the buildings to the other front, the waterfront. The second part was, demonstrate the potential for Canal side to be enjoyed like other urban waterways, Milwaukee, Amsterdam, San Antonio. We found that from an urban design and architectural perspective, the varied nature of the Canal side path and its physical relationship to the adjacent buildings and to Main Street means there is no singular design solution that will work for all or most of the 20 or so places that back on the Canal. So we documented a number of typical situations and solutions that 21 6/11/08 - PARKS - BILLS 080427 and 080540 could be adjusted to match conditions. So we confirmed that, yes, there is a great latent potential for a more lively and enjoyable waterside place. Define the specific measurable standards for the Canal side space as if they were to become provisions for an overlay ordinance. These standards are in the enlivening report, and you folks have a copy of the report that was done. And it sets common sense ratio between the width of the Canal pathway and any overhead encroachments, like a deck or a balcony. Basically, there are three rules: that no projection makes then more than half the width of the pathway; and the lower the projection, the less it may project; and that any projection such as a balcony must provide a minimum of ten feet clearance above the path and eight feet clearance above any cafe dining setting between the 11-foot pathway and the building edge. The document illustrates how 22 6/11/08 - PARKS - BILLS 080427 and 080540 the rules should be applied to balconies, awnings, bay fronts, canopies, columns and cafe seating. It also suggests elementary architectural guidelines for appropriate materials, windows and overall aesthetics, as well as detailed recommendations. I can go on, but basically we decided that wanting this was just the first step, that we really needed to quantify it in a way that when it was implemented, it could be something really good, and that is really what was borne forth in the report. Thank you.
Thank you for your testimony. Please state your name for the record.
Good afternoon to the City Councilmembers of the Committee 23 6/11/08 - PARKS - BILLS 080427 and 080540 on Parks, Recreation and Cultural Affairs. My name is Winnie Clowry and I'm the owner of Winnie's Lebus and the President of the Manayunk Development Corporation. Thank you for the opportunity to present testimony. I'm testifying both as a Manayunk business owner and President of the Manayunk Development Corporation in support of Bill No. 080540. The ordinance authorizes the Commissioner of Public Property and the Executive Director of Fairmount Park to enter into an air rights license agreement with Main Street Partners, LP allowing Main Street Partners, LP to construct a deck over a certain portion of the Manayunk Canal Towpath at 2 Rector Street. This lease agreement symbolizes the groundbreaking of a larger vision of the Manayunk Canal and Towpath. In 2005, Manayunk Development Corporation commissioned a report entitled, "Enlivening the Manayunk Canal Towpath." 24 6/11/08 - PARKS - BILLS 080427 and 080540 Various stakeholders, including the Fairmount Park Commission, City of Philadelphia Planning Commission, business community and the Manayunk Neighborhood Council, participated and partnered in the development of the 2005 study. The study outlined suggested guidelines for adding balconies, bays and decks to the backs of buildings to open business to the Canal. The lease agreement that is before you today is hopefully the first of many that will come before you as the 2005 plan becomes a reality. Manayunk emerged as a destination in the late 1990s and looks to re-emerge in current history as a destination for waterfront dining, shopping and recreational activities. The vision is extensive to include operational locks and water flowing through the Canal, boat trips, docks, fishing, strolling, shopping and dining. This lease agreement could turn into an 25 6/11/08 - PARKS - BILLS 080427 and 080540 economic development generator that will be monumental in proportion. I thank Councilman Jones today for his work with MDC on many fronts and I thank this Committee for your consideration. I ask you for your support for Bill No. 080540.
We'll let you finish first before we open it up for questions.
Thank you. Good afternoon. My name is Fran Burns. I'm the Executive Director of the Manayunk Development Corporation. I'm going to read briefly a written letter in support from one of our business owners, Mike Rose, owner of the Manayunk Brewery and Restaurant. City Council members and members of the Committee on Parks, Recreation and Cultural Affairs, although 6/11/08 - PARKS - BILLS 080427 and 080540 I am unable to testify in person today due to a previous commitment, I wanted to provide this letter of support for Bill 5 No. 080540. I feel that the development and clean-up of the Canal are important steps in revitalizing our district. Manayunk has always been a popular destination for both shopping and recreational activities. Opening up businesses on the Canal can only enhance and increase foot traffic, which will provide another place for both Philadelphians and tourists to enjoy. I thank Councilman Jones and this Committee for your consideration. I ask you for your support of Bill No. 19 080540. Sincerely, Mike Rose, owner, Manayunk Brewery and Restaurant. Thank you.
We thank you all for your testimony. Councilman Jones. 27 6/11/08 - PARKS - BILLS 080427 and 080540
I just wanted to say -- and I know you'll stick around, but I wanted to say while you're here and on the record that I have lived long enough and worked long enough, from my days as head of PCDC, from the first parking lot that was opened on the avenue, is just amazing to me, culminating in last Sunday's bike race, to see where that corridor has come from. The vitality, the mixture of young, something old, something new, something borrowed, something blue. It was amazing that day, and I had a wonderful time, and I really feel guilty, really feel guilty about being paid to have that much fun that day.
Just a couple questions I have. What opportunities or obstacles did you encounter in your interface with neighbors that live in that area, 28 6/11/08 - PARKS - BILLS 080427 and 080540 residents of that community?
Actually, they're here to testify. They're going to be one of the panels following us. And in 2005, the Manayunk Neighborhood Council worked with the Manayunk Development Corporation on the Canal study, and you'll hear from them directly, but conceptually they were in agreement with the opening of business to the back of the Canal. So I'll let them speak for themselves, but we have worked historically on this together.
Okay. And what does that mean when you say you've worked historically on this?
Well, that they had input on design guidelines when they were going through the 2005 study, that we were at the same table hearing about what their concerns are, which there are some as it regards maintenance of the Canal and Towpath, and, of course, if we want to open business, we want people to also still be able to use the path. So we're 29 6/11/08 - PARKS - BILLS 080427 and 080540 very much, from the business owner aspect, aware of that, and we've been, I think, doing a good job of recognizing each other's needs and working it through.
Okay. Any other questions for this panel? (No response.)
We want to now ask to come to the witness table Dan and Rob -- please forgive me -- Neducsin, owners of 2 Rector Street; Sean Coyle, owner of Bourbon Blue Restaurant; and Jim Campbell, partner with Campbell Thomas and Company.
Good afternoon. My name is Dan Neducsin from Main Street Properties. I'm the owner of 2 Rector Street.
Please speak into the microphone. 30 6/11/08 - PARKS - BILLS 080427 and 080540
My name is Dan Neducsin of Main Street Properties. I'm the owner of 2 Rector Street, 4356 Main Street, 58 and 60 Main Street, 4386, 88 and 90 Main Street, 4400 through 4410 Main Street and 4444 to 4448 Main Street, and also 1 Leverington Avenue. The reason I mentioned those addresses, they all overlook the Canal and the boardwalk, and that's why I feel this is -- it's very important that this goes through. Twenty years ago, Kay Secora and I went in front of Fairmount Park Commission. At the time, Kay's name was Kay Smith. We went in front of Fitz Dixon. Everybody thought this was a wonderful idea. That was 20 years ago. And I'd like to commend Councilman Jones for making this today happen, because it's been a long time coming and it's important for Manayunk. I walk Main Street, and 31 6/11/08 - PARKS - BILLS 080427 and 080540 actually just out in the hall, I was asking people if they know where the boardwalk is. Solomon Jones, who just testified, he was never on the boardwalk and he's been on Main Street many times. And if you took a poll of the people who were on Main Street, you would find that probably 80, 90 percent, they don't even know that there's a boardwalk there or a towpath. This would hurt Councilman Al Pearlman and Mayor Rizzo, because they worked very hard at doing this. Unfortunately, what happened was, it wasn't really ever completed then because, as Kay said, the stores that back onto the Canal, it was not possible for customers to get into those stores from the Canal, and that's why today is so important. I personally think that this could develop into a San Antonio type neighborhood or Wilmington or Providence, Rhode Island. And, again, that's why today is so important. And I feel that 32 6/11/08 - PARKS - BILLS 080427 and 080540 this bill could be the catalyst for really the revitalization of Manayunk to go up many notches from where it is today. So I want to thank everybody; in particular, Councilman Jones, for making this happen.
Hi. My name is Sean Coyle. I'm the owner/operator of Bourbon Blue. Actually, I didn't prepare anything today. I wasn't sure I was supposed to, but hearing everybody in the past panels discuss the hard work that's happened to make this day happen, it's been pretty impressive. I've been the owner/operator for five and a half years and have seen committees go through Manayunk Development Corporation and Councilman Nutter, who was there prior to Councilman 33 6/11/08 - PARKS - BILLS 080427 and 080540 Jones, and it's just amazing that over the past months, with the help of 4 Fairmount Park Commission, Mark Focht, 5 who has done a lot of hard work, and 6 Councilman Jones, almost immediately it 7 seems -- it's just impressive how quick 8 it's happened and how -- at the first 9 five and a half years, it feels like it's 10 going on and on and on. I'm just looking 11 forward to seeing how it moves from here. 12 Thank you. 13
Good afternoon. 16 My name is Jim Campbell from Campbell 17 Thomas Architects. We're the architects 18 or designers for the proposed deck. The deck is to be attached to the side of Bourbon Blue and at the first floor level. It will seat approximately 36 seats and look directly over the Towpath as well as the Canal over to Venice Island, giving additional security and increasing the liveliness of the 34 6/11/08 - PARKS - BILLS 080427 and 080540 whole section of the Manayunk Canal at that point. Before you are drawings and perspectives and photographs of what the deck might look like. We are in the process of applying for zoning. We need to go to the Historical Commission as well as the Art Commission for their review, and we will, of course, be going through a zoning process as well and then applying for building permits. It's taken us about two years really to develop that set of plans and get to this point. So we're very grateful that we're here at this point now.
Any questions for members of this panel? (No response.)
Then I'll ask you the same question I asked the preceding panel. In your view, what opportunities or obstacles do you think were overcome with regard to your 35 6/11/08 - PARKS - BILLS 080427 and 080540 interface with folks who live in that community?
Just as Fran Burns stated, I think that how well we've worked together, the communication that we've had to make sure that each party's needs are met. The concerns of the neighborhood are concerns of mine as well. I think that -- we actually had a meeting yesterday to discuss things about maintenance and lighting and bottles and whatnot to make sure that they're happy with what we're going to do. And as a business owner, I love this idea for the whole Towpath. I think it's great to be the catalyst behind this development, and I just want to make sure that the neighbors and myself and the rest of the Towpath are cohesive in moving along.
Okay. Any other comments, observations, suggestions, answers? (No response.)
Thank you 36 6/11/08 - PARKS - BILLS 080427 and 080540 very much for your testimony. If we could please invite up Mr. Kevin Smith, President of the Manayunk Neighborhood Council. (Witnesses approached witness table.)
Good afternoon, sir. Thank you for being here. Mr. Kevin Smith?
Okay. We would please start with you. State your name for the record, and then we'll be delighted to hear from the other witness.
My name is Kevin Smith. I'm the President of Manayunk Neighborhood Council. And this is a great opportunity. As been testified before, this is precedent setting, and so there are two particular points that I want to highlight. We did work very closely with the Manayunk Development Corporation in the development of these guidelines, and 37 6/11/08 - PARKS - BILLS 080427 and 080540 we would like to see referenced in the ordinance two things. One, that these guidelines exist and that this development was designed to meet the guidelines and does meet the guidelines, because we think these are very important going forward with what will inevitably be the next project and the next project after that. So we would like to see incorporated references to those guidelines to also set a precedent for the future development on the Canal. The second point is, Manayunk has a well-documented drinking problem, we'll say. After 10:00 p.m. on the weekends, the nature of the street changes dramatically, and for those who haven't seen it -- and I know Councilman Jones recently did a tour on a Friday night. This is a major concern and a major problem in the community. So we want this development to go forward, but we want to make sure that any extensions of restaurants, bars, any 38 6/11/08 - PARKS - BILLS 080427 and 080540 development along those lines is done in such a way that it does not expand or make worse any of the problems we already have. So we have some additional suggestions to the use restrictions that we would like to see incorporated. I have sort of a written summary of my testimony and so I'll just highlight the first one. Basically, to make sure we have basically a consistent restaurant-style operation, is seated service only on the deck, no standing, no high-top tables. Hours of operation should be tied to the kitchen. We're suggesting it should not be open more than an hour after the kitchen closes, and under no 20 circumstances open past midnight. There should be no bottles served on the deck that could end up in the Canal or fall off the deck onto someone below. There should be adequate lighting underneath the deck for security 39 6/11/08 - PARKS - BILLS 080427 and 080540 purposes, but minimum lighting with no 3 glare, no up-lighting. We believe the capacity of the deck should be clearly defined. I think the plans and the testimony of Mr. Campbell suggested 36 seats. We would be glad to add a little flexibility to that and say no more than 40 seats on the deck. And we would like to suggest that space underneath the deck should include plants, bike racks and other amenities to improve -- space not otherwise used should provide amenities to the Towpath users, such as planting, bike racks and so on. And so to finish off, we're in full support. I think with some of these additions, this could be a great asset to the community and basically start opening up the Towpath, and we're happy to support it.
Yes. Can we 40 6/11/08 - PARKS - BILLS 080427 and 080540 ask the owners of Bourbon Blue to come back up and maybe -- are these things -- these are not seemingly unreasonable things, and one of the -- if you notice, the Chair Lady has been consistent in her questioning to each of the panels, and that questioning was how have you interacted with the community there. Fortunately, although she is a Councilperson-at-large, most recently we took a tour of the area at night and had an opportunity to feel the fun atmosphere, but also listen to some of the concerns of the community when it came to issues of bottles and issues of access for the residents in that area. So he is raising legitimate issues that as we go forward -- and we're not just talking about you. We are indeed setting a precedent. We open this door, it is going to be difficult to close it, and I think that is at the spirit of our concern. So having heard some of Kevin's 41 6/11/08 - PARKS - BILLS 080427 and 080540 issues, is that something you can live with? Are those things that you can live with?
They have all been addressed. Actually, yesterday's meeting we discussed bottles and hours. The bottle issue that I had was if it's built properly and there is no standing, bottles can't fall. Originally I had planned on not doing glassware at all outside, but at the same time, it's acting as a dining room more than anything else, so I wanted to have the option to serve you a glass of wine not in a plastic cup.
Because I want it to be consistent with the dining room and not a party scene as much as any outside seating is outside in Manayunk, I had no 24 issue with building it properly so it maintains no issues with falling onto the 42 6/11/08 - PARKS - BILLS 080427 and 080540 Towpath or hurting anybody or any glass breaking. In addition, speaking with Jim and getting to this point, a lot of his pictures, his drawings, his scapes are based on hard wrought iron, underneath having some sort of catch, if anything were to fall, being built with, I believe, recycled plastic where it won't drip, and if it does, it's tight enough to not mess up the Towpath at all, as well as maintaining every night with my staff, as well as MDC as the morning staff, to make sure that in between the hours of 2:00 a.m. to 6:00 a.m. when the sun comes up, everything will be cleaned by the time the first runners or bikers come out there, to keep the integrity.
Thank you for that follow-up answer. That addresses one of a series of issues you raise. What about the other guidelines you recommended, Mr. Smith? 43 6/11/08 - PARKS - BILLS 080427 and 080540
I think the list we presented was basically a result of the discussions with Sean yesterday. The bottle thing I think can be expanded into the more general description of safeguards to ensure that spills and dropped items cannot roll or run off the deck, and I think that's the real concern as opposed to bottles in particular.
In our tour we saw a lot of traffic. The vitality of the area is real, but in one man's prosperity is another person's how do I get to sleep. Do you think by opening up the back end, that we take some of the congestion off of the Main Street and that some of the noise volume will actually go down?
As far as our project goes, I think overall the 44 6/11/08 - PARKS - BILLS 080427 and 080540 development will do such. I mean, as Dan stated, that 90 percent of the people don't even know that there is a towpath, except the people that jog and bike down it. Our project is, I don't believe, large enough -- 36 to 40 seats -- to have that kind of impact.
But overall, absolutely, especially going from Green Lane to Shurs Lane. I mean, I can't imagine it wouldn't.
Our consistent position on Main Street is that the problems from the excessive drinking and so on are a problem of volume, and that's one of the reasons for the safeguards. What happens when the bars let out at 1:30, 2 o'clock, all these people then mill through the neighborhood and so on. 45 6/11/08 - PARKS - BILLS 080427 and 080540 So in that sense and the guidelines and the specifications to operate this as a restaurant and the limitation on hours I think all combine to really ensure that this operates as a normal restaurant that is in everybody's interest. I think it will be enjoyed by the neighbors, the visitors and everyone and would not contribute to the nighttime problems.
And so at the end of that discussion, the handling of guidelines was what? Complete the sentence. How would they be addressed to the satisfaction of Manayunk Neighborhood Council?
You asked of the sponsor of this matter an opportunity to include it in the ordinance.
Yes. By 46 6/11/08 - PARKS - BILLS 080427 and 080540 "collective group," I'm here representing Manayunk Neighborhood Council.
I guess are you satisfied with the discussions with Bourbon Blue as to safeguarding some of your issues?
Yes. I believe he's agreed to all the important conditions, and so the point is, we would like to have them sort of codified in the ordinance as to how they're understood now so there's no questions later and it becomes a model for the future agreements.
Mr. Mark Focht? Mr. Mark Focht, state your name for the record.
Mark Focht, Executive Director of Fairmount Park. 47 6/11/08 - PARKS - BILLS 080427 and 080540 Just one point I'd like to clarify, because I'm hearing the discussion and I think it's very positive, but when we talk about codifying more things into this legislation as setting the template for future legislation, I just wanted to bring into the record one concern I have. I heard a mention of the use of the space under the deck, and I just want to clarify that in our conversations and agreement with the partnership, the space underneath the deck would be well lit, so we've very much taken that into concern, and that it cannot be enclosed. So the space underneath the deck cannot be enclosed for any way and it can also not be used for any commercial purpose. So the restaurant can't use it for additional seating. The one thing I did hear from the community was an interest in bike racks and plantings under the deck. I just wanted to comment on that, because I 48 6/11/08 - PARKS - BILLS 080427 and 080540 don't -- knowing the space very well, I don't think it's feasible to put plantings underneath the deck, first of all, just getting sunlight to them to get them to grow, and also putting bike racks there may result in bikes being tied up in a fashion that would partially block the jogging trail, the actual trail itself. So while I think those are appropriate uses in some places where you have enough light and enough land, just when I just heard codifying this and setting a standard for future decks, I just wanted to have read into the record my concerns that putting plantings and bike racks underneath the deck is not feasible at this site and may not be feasible at all sites on the Canal.
So it is a preferred option if we can manage the space well. And I agree, we should not write that part into the law, thus mandating it for future development. 49 6/11/08 - PARKS - BILLS 080427 and 080540 Is that agreeable?
What we may want to do is put the terminology that we're going to maximize that space for public usage, so that in future developments, it's clear that that space is for the public, to maximize that public access.
Thank you very, very much. Please, please. State your name for the record.
Again, I'm Dan Neducsin from Main Street Properties. I agree with what Mark just said. It would be almost impossible to 50 6/11/08 - PARKS - BILLS 080427 and 080540 put bike racks there. I think that we have to realize that this is precedent setting, and to codify something as to the hours of operation, I think there's other restaurants there. There's other restaurants that are open until 2 o'clock in the morning. There is other restaurants that have table seating on the street. They have cafe licenses. And to say that those people have to leave at 12 o'clock, whereas the people on the street, they really -- they can stay longer, I think that -- so it's a problem restricting the hours. I'm happy -- Sean said he's fine with it, but, again, it's precedent setting and there are a number of other restaurants that aren't here today that are kind of looking forward to doing the same thing that Bourbon Blue is going to do. So I think that you should look at the hours of --
Proceed cautiously. 51 6/11/08 - PARKS - BILLS 080427 and 080540
Thank you, sir. Please, would you state your name for the record.
Sam Crowngold. Good afternoon, Chairwoman Reynolds Brown, Councilman Jones, Councilwoman Sanchez, and Councilman Clarke has gone. Good afternoon, City Council members of the Committee on Parks, Recreation and Cultural Affairs. As I stated, my name is Sam Crowngold. I'm President of Propper Brothers Furniture and I'm also the Treasurer of the Manayunk Development Corporation. I thank you for this opportunity to testify today. Propper Brothers Furniture has been a part of the City business community since 1888. I have been at the helm of Propper Brothers beginning in 1972. I have experienced Manayunk at its low point and have been an active participant in the growth and 52 6/11/08 - PARKS - BILLS 080427 and 080540 redevelopment of this now vibrant business and residential community. I actively support City Council Bill No. 080540. This ordinance will authorize the Commissioner of Public Property and the Executive Director of the Fairmount Park to enter into an air rights license agreement with Main Street Partners, LP allowing them to construct a deck over a certain portion of the Manayunk Canal Towpath at currently No. 2 Rector Street. The lease agreement before you today is hopefully the first of many opportunities to allow Manayunk business development to open on the Canal side of Main Street. The charm that created will become a major attraction for visitors to the City and Manayunk. This requirement is an outgrowth of a study performed in 2005 which was commissioned to determine the best use of the Canal Towpath asset. The study outlines suggested guidelines for 53 6/11/08 - PARKS - BILLS 080427 and 080540 adding balconies, bays and decks to the backs of buildings to open business, not necessarily only restaurants, to the Canal. Your approval of this bill will mark the beginning of a new progressive era and utilization of the Canal Towpath, a unique waterfront asset in the City. This lease agreement will help create economic development in Manayunk, which we have not seen for some time, and help create an atmosphere to foster growth in our business community. I take this opportunity to thank Councilman Jones for his contribution, his support and his association with Manayunk Development Corporation. I thank this Committee for your positive consideration, and I thank you for your support of Bill No. 080540. Thank you.
Yes. First 54 6/11/08 - PARKS - BILLS 080427 and 080540 of all, thank you all for taking the time out to testify today. I just want to say for some of us, this is just a procedural piece, a piece of legislation and a minor procedural issue, but for the people of the 4th District and Manayunk, this is something really big and something really special. I'm proud to have used our office to move this as a catalyst for further development of Manayunk and, in particular, the Towpath. This is an opportunity we just can't pass up. It expands on a regional manner, in a regional way, the vibrant nature of this area. We had Commissioner Gordon come in and testify today, a fact in how important that cooperation on both sides of the water is. His development of Lower Merion on the riverfront is directly linked to this particular piece of progress, I'm going to call it. As we look forward to the 55 6/11/08 - PARKS - BILLS 080427 and 080540 Canal's further development, we are mindful, however, that we have to balance economics with environment and with quality of life issues, with the environment and quality of life issues, and I think we're approaching this in a thoughtful manner in looking at all three. We took the tour a couple of weeks ago just so that we had a better sense of what was going on in the nightlife in the area, and I believe, as Councilperson for this area, that this is a good step in the right direction. It includes all of the interest groups, from the environmentalist to the business interest and to the residential interest. So I'm grateful that all the stakeholders came out today and I'm thankful that you came out and offered your testimony.
I want to make one -- I just want to reiterate a follow-up to Mr. Neducsin, that collectively it's all the establishments 56 6/11/08 - PARKS - BILLS 080427 and 080540 open until 2:00 a.m. collectively that are the problem in Manayunk, and I think it is of particular importance that that not be extended to the Canal side of the operations. Thank you.
And I would like to add that I disagree with Mr. Smith's comments. The difficulties that we experience in Manayunk late at night when the bars and restaurants let out are caused by a very small number of individuals. The vast majority of the visitors to our community who come to enjoy Main Street for shopping, dining, drinking, utilizing the Canal for walking their dogs, running, jogging, walking, bike riding do so in a very law-abiding, peaceful, quiet, friendly, smile-on-their-face manner. We're dealing with a very small number of individuals. The other side of the point I would like to make is, I have spent a 57 6/11/08 - PARKS - BILLS 080427 and 080540 good number of years in Manayunk and I have spent a good number of hours observing the activities, and I'd suggest that while, yes, some of the difficulties we experience with the late night crowd does occur from people who live outside of the community, many of the difficulties are caused by people filtering through the community after they leave the bars at 2:00 a.m. and going to their home two or three blocks away from Main Street. It is not necessarily a problem that is caused by the establishments, but by society in general and the way people act today. Yes, it's an enforcement issue, and we have tremendous support from Captain Cerrone and the entire staff of the 5th District Police. We cannot stifle the development of our community based on a few people.
I want to 58 6/11/08 - PARKS - BILLS 080427 and 080540 say that we're going to table what you just said for a larger, wide-ranging discussion of a number of things, including town and gown issues. I think this is a good project. I think it's in the right direction and, therefore, I offer my support for it. But I will reserve the right to, as Councilperson there, take a -- and I believe I'm joined by my colleagues in saying -- take a wider panoramic view of what's going on and how it impacts folk and particularly residents in that community. So we're going to put a pin in that discussion for a moment and we're going to move on with the business at hand as opposed to starting a whole discussion about quality of life issues in that area. But I think this is a good project and, therefore, I'm in support of it.
Any other questions for members of this panel? 59 6/11/08 - PARKS - BILLS 080427 and 080540 Mr. Smith.
I have some written summary of my points in my testimony. I can probably hand that to somebody.
I will simply underscore my colleague's comments that you can be assured that there will be broader discussion around the town and gown issues, because there needs to be. Thank you very much.
If we could please now move to have the Clerk please read the title of the next bill.
Bill No. 080427, an ordinance amending Chapter 15-200 of The Philadelphia Code, entitled "Fairmount Park," by removing 5100 Pennypack Street from the areas under the care and 60 6/11/08 - PARKS - BILLS 080427 and 080540 jurisdiction of the Fairmount Park Commission, under certain terms and conditions.
Anyone here to testify on Bill No. 080427? (Witness approached witness table.)
Please, you want to state your name for the record. DEPUTY COMMISSIONER HERZINS: John Herzins, Deputy Commissioner of Public Property.
Please proceed with your testimony. DEPUTY COMMISSIONER HERZINS: Good afternoon, Chairwoman Reynolds Brown and members of the Committee on Parks, Recreation and Cultural Affairs. I am here on behalf of the Commissioner to testify in support of Bill No. 080427, an ordinance amending Chapter 15-200 of The Philadelphia Code, entitled "Fairmount Park," by removing 5100 Pennypack Street 61 6/11/08 - PARKS - BILLS 080427 and 080540 from the areas under the care and jurisdiction of the Fairmount Park Commission, under certain terms and conditions. The property was transferred to the care and jurisdiction of the Fairmount Park Commission last year and this bill will allow Public Property to re-assume the responsibilities for the parcel. The Department supports this measure and, accordingly, I respectfully ask that City Council approve Bill No. 15 080427 and also request that this Committee vote the bill out of Committee with a favorable recommendation and that the rules be suspended to permit first reading at the next Council session. Thank you. I will be happy to answer any questions you may have.
Anyone 62 6/11/08 - PARKS - BILLS 080427 and 080540 else to testify on Bill No. 080427? (No response.)
Thank you very much. DEPUTY COMMISSIONER HERZINS: You're welcome.
This concludes our public hearing. We will now move into a public meeting to take action on Bill Nos. 080427 and 080540. I'd like to call on Councilman Jones for a motion on Bill No. 080540.
Thank you, Madam Chair. I move for a motion for the approval with a favorable recommendation of 080540 and a suspension of the rules allowing for a first reading. (Duly seconded.)
Okay. Bill No. 080540 has been moved with a favorable recommendation and seconded such to permit first reading at our next scheduled session of Philadelphia City Council. 63 6/11/08 - PARKS - BILLS 080427 and 080540 Could I please, Councilwoman Maria Quinones-Sanchez, have a motion on 080427.
I move that we move Bill 080427 out of Committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.)
Bill No. 13 080427 has been moved with a favorable recommendation out of Committee with a favorable recommendation and rules of Council be suspended so as to permit first reading at our next scheduled session of Philadelphia City Council. All in favor? (Aye.)
This concludes the meeting of the Council 64 6/11/08 - PARKS - BILLS 080427 and 080540 Committee on Parks, Recreation and Cultural Affairs. Thank you for your interest. (Committee on Parks, Recreation and Cultural Affairs adjourned at 3:50 p.m.) - - - 65 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on June 11, 2008, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-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.)