COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON PUBLIC PROPERTY & PUBLIC WORKS - - - - Room 696, City Hall Philadelphia, Pennsylvania Tuesday, December 9, 2003 1:45 p.m. - - - - BILL 030742 - An Ordinance authorizing the Commissioners of Fairmount Park... BILL 030743 - An Ordinance amending Bill No. 990728, approved December 6, 1999... BILL 030785 - An Ordinance authorizing the Philadelphia Authority for Industrial Development to purchase a certain tract... BILL 030788 - An Ordinance authorizing the Commissioner of Public Property... PRESENT: COUNCILMAN JAMES KENNEY, Chair COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL CLARKE COUNCILMAN DAVID COHEN COUNCILWOMAN REYNOLDS BROWN - - - - 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 I N D E X BILL 030742 PAGE KEN SIPOS, Public Property............ DENNIS WALLER, Fairmount Park......... THOMAS DALFO, PIDC and PAID........... BILL 030743 KEN SIPOS, Public Property............ BILL 030785 THOMAS DALFO, PIDC and PAID........... BILL 030788 KEN SIPOS, Public Property............ MARK FOLK, Fairmount Park Commission.. 11 3 12/9/03 - PUBLIC PROPERTY - BILL 030742
Good afternoon, ladies and gentlemen. The Committee on Public Property and Public Works is now in session. We have a temporary appointment today by the Council President of Councilman David Cohen who will be monetarily as a temporary member of the Committee on Public Property and Public Works, and therefore we have quorum. We also have present is Councilmember Blackwell, Councilmember Reynolds-Brown and Councilmember Clarke. The first bill on the agenda is Bill 14 No. 030742, which is an ordinance authorizing the Commissioners of Fairmount Park and the Commissioner of Public Property, on behalf of the city of Philadelphia, to transfer two certain lots or pieces of ground situate in the vicinity of McNulty and Townsend Roads to the Philadelphia Authority for Industrial Development (PAID) in exchange for two certain lots or pieces of ground of equal or greater value owned by PAID situate in the vicinity of McNulty and Townsend Roads, in the Sixty-sixth Ward of the City of Philadelphia, under 4 12/9/03 - PUBLIC PROPERTY - BILL 030742 certain terms and conditions.
Before we start our testimony, the Chair recognizes Councilmembers Blackwell.
Thank you, Mr. Chairman. I would like to be reported as voting aye on all bills before Public Property Committee. I really am committed to going out to 55th Street where we had a fire bombing of an officer's home last night. And we're involved in all of that process. But I certainly do support all these bills.
Thank you. Thank you for your attendance. Please identify yourself for the record and proceed.
Mr. Chairman, my name is Ken Sipos, Department of Public Property. I'm testifying on behalf of Andres Perez, Commissioner of Public Property. I'm here to testify in support of Bill No. 030742, an ordinance authorizing the Commissioner of Fairmount and the Commissioner of Public Property on behalf of the City of 5 12/9/03 - PUBLIC PROPERTY - BILL 030742 Philadelphia to transfer two lots or pieces of ground situate in the vicinity of McNulty and Townsend Roads to the Philadelphia Authority for Industrial Development in exchange for two certain lots or pieces of ground of equal or greater value owned by PAID situate in the vicinity of McNulty and Townsend Roads. This bill will enable the creation of a larger parcel to provide expansion space for industrial development while increasing the acreage in Fairmount Park. The Department supports the measure and, accordingly, I respectfully ask City Council approve Bill No. 030742. I also ask that the Rules be suspended so the ordinance 17 maybe passed upon second reading at Council. And someone here is from Fairmount Park.
Good afternoon, Councilman. Dennis Waller, Deputy Director of Fairmount Park. I just wanted to quickly indicate that we, the staff in the Fairmount Park Commission, are in support of this bill. 6 12/9/03 - PUBLIC PROPERTY - BILL 030742 It's a pretty good deal for the Fairmount Park Commission. We get about three acres for a swap of 1.2 acres. It helps the business expand, keeps it in Philadelphia, increases jobs and helps us create a contiguous park, a parcel that would keep our park together.
Just one detail question. What are the costs related to this transaction?
This is an even swap. This is an exchange of land, 1.2 from them, we get 3.19.
Thank you. 7 12/9/03 - PUBLIC PROPERTY - BILL 030742 Any other questions for the witnesses? (No response.)
Good afternoon, Mr. Chairman. Tom Dalfo from the Philadelphia Industrial Development Corporation. Before I start, if there are any questions, we have provided some maps that outline the parcels. It's somewhat confusing a little bit. Again, my name is Tom Dalfo. I represent Philadelphia Industrial Development Corporation and the Philadelphia Authority for Industrial Development. I'm here today to testify in support of Bill No. 030742. The bill authorizes the City through the Fairmount Park Commission to convey two parcels containing 1.21 acres of vacant land adjacent to PIDC's Byberry East Industrial Park to the Philadelphia Authority for Industrial Development. In exchange, the park will receive two parcels of PAID-own property totaling 3.19 acres which will result in a net 8 12/9/03 - PUBLIC PROPERTY - BILL 030742 increase in park land of nearly two acres. A land swap will expand and enhance the Fairmount Park's existing trail system by providing a connection to rights-of-way that link existing trails to the Benjamin Rush State Park. It will also help us create a rectangular parcel in the Byberry East Industrial Park that will be attractive for development and allow David Tours to expand their existing operations. The Fairmount Park Commission approved this exchange at its April 9th meeting in 2003, and the PAID Board approved the exchange at the December 2, 2003 meeting. I would just follow-up with the request from the Department of Public Property that the rules be suspended so this can be voted on --
Thank you. Any questions for the witnesses? 9 12/9/03 - PUBLIC PROPERTY - BILL 030743 (No response.)
Seeing none, thank you for your testimony. Is there anyone else to testify on this bill? (No response.)
Seeing none, we will move to Bill No. 030743, which is an ordinance amending Bill No. 990728, approved December 6, 1999, entitled "An Ordinance 12 Authorizing the Commissioner of Public Property to convey to the Redevelopment Authority of Philadelphia certain premises located at 1823-35 Callowhill Street, and authorizing the Commissioner of Public Property to enter into or execute such other instruments as may be necessary or desirable to effectuate the provisions of this ordinance; all under certain terms and conditions," by extending the time for compliance with the conditions until December 31, 2004. Please identify yourself
Good afternoon, Chairman 10 12/9/03 - PUBLIC PROPERTY - BILL 030743 Kenney and Members of the Committee on Public Property and Public Works. My name is Ken Sipos. I represent the Commissioner of Public Property. This bill will permit an extension of time for the City to transfer certain property located at 1823-35 Callowhill to the Redevelopment Authority of the City. The Children's Crisis Treatment Center has been the sole tenant of the building since November 30, 1978, and will be the ultimate owner of the property. The property consists of a three-story masonry building with 12,166 square feet of space. The Department acquired the property in 1947, and the people needed more time to get their funding together.
Yes, it certainly is. We support the measure and respectfully ask that Council approve Bill 11 12/9/03 - PUBLIC PROPERTY - BILL 030743 030743. I also ask the Rules be suspended so the ordinance may pass upon second reading at Council.
Seeing none. Bill 030785, an ordinance 14 authorizing the Philadelphia Authority for Industrial Development to purchase a certain tract of land situate at the northwest corner of the Roosevelt Boulevard and Southampton Road, under certain terms and conditions.
Good afternoon, Mr. Chairman. My name is Thomas Dalfo, and I represent the Philadelphia Industrial Development Corporation and the Philadelphia Authority for Industrial Development. I'm here today to testify in support of Bill No. 25 030785. 12 12/9/03 - PUBLIC PROPERTY - BILL 030743 This bill authorizes PAID to acquire 130 acres of the former Byberry State Hospital property from the Commonwealth of Pennsylvania for $900,000 using the City's Industrial and Commercial Revolving Fund, also known as the Landbank. An agreement of sale has already been negotiated between the Commonwealth and PAID. PAID planned to acquire this property from the Commonwealth in January 2004. The Byberry State Hospital represents an important development opportunity in Northeast Philadelphia due to its large size and prominent location. In recognition of the importance of this site, PIDC has worked closely with the Somerton Civic Association to develop a master plan for Byberry that meets the needs of the surrounding community and which is an attractive site for private development. The Somerton Civic Association has approved the master plan developed for the site. The plan developed for Byberry will preserve 25 acres of land as open space and 13 12/9/03 - PUBLIC PROPERTY - BILL 030743 buffer planned development from existing residences that boarder the property to the west. The interior of this site will include 55 acres of market rate residential development and A District housing units that is planned to include approximately 300 new housing units. The remaining 50 acres of the property that front on Roosevelt will be developed to include up to 600,000 square feet of office or flexible industrial space to take advantage of this prominent location. The plan developed for Byberry will simultaneously provide new housing opportunities and jobs for Philadelphia residents by returning this long vacant property into productive use. PIDC is in the midst of a developer selection process that will choose a team to develop both the residential and office portions of the Byberry property. It is anticipated that a developer will be selected early next year. PAID's acquisition of the site using Landbank funds will spur private investment in the site, to demolish existing structures, install new roads and utility 14 12/9/03 - PUBLIC PROPERTY - BILL 030743 lines, and construct new residences and offices. Other than the Landbank funding to acquire Byberry, no other City funding such as City Capital or Neighborhood Transformation Initiative funds is planned for investment in the site.
Who is the developer of the houses, do you know offhand? The developer hasn't bee selected yet. We're in the process of going through a selection process. We have a short list that's being vetted at this point and we'll be issuing an RFP in the next couple of weeks. It's probably about 60 days after that the developer proposals will come in, and then we have the process of testing those proposals and seeing what's feasible and what can work.
Thank you, Mr. Chairman. Mr. Chairman, I actually don't have a question on this particular bill. But since this is the last bill that PIDC is going testify, I had a question about process. 15 12/9/03 - PUBLIC PROPERTY - BILL 030743 Is there ever a instance where PAID and a potential developer or agency negotiates purchase, conveyance or purchase of land prior to the authorization by a bill of Council?
Where we're going to purchase it or we're going to sell it to a developer?
Either or. Is that ever done prior to the authorization via a bill of Council?
Not that I'm aware of. But I'm not familiar with all the kind of circumstances which we've done that in the past, when we've purchased land and we approved. In the past, we had for this particular site in terms of what we were trying to do for Byberry, we had negotiated with the state to try to get them to convey the property to us. We tried in the past to get the site conveyed at nominal consideration.
So if, in fact, there was a transaction, it was done between 16 12/9/03 - PUBLIC PROPERTY - BILL 030743 PAID and an entity or an agency prior to the issuance of an ordinance by Council, that would have in effect be,
It would be contingent on Council approval. We couldn't purchase the property, considering the funds we're using for it, which is Landbank.
So you can have a transaction contingent upon approval of Council?
We would negotiate a transaction and all of our documents, it's contingent upon Council approval. It's contingent upon our PAID Board approval and Council approval and all the appropriate steps related to the funding source for the legislation.
Thank you very much. Is there a purchase price associated with this 130 acres?
The negotiated price IS $850,000. We've asked for 900,000 to cover costs related to the transaction, which we're hoping will be minimal.
Seeing none, 18 12/9/03 - PUBLIC PROPERTY - BILL 030743 we'll move to Bill No. 030788, an ordinance 3 authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to purchase fee simple title to a certain parcel of land with the buildings and improvements thereon, situated on the Northwest side of Algon Avenue at Fox Chase Road, all under certain terms and conditions.. Please identify yourself.
Good afternoon, Chairman Kenney and Members of the Committee. My name is Ken Sipos. I'm representing the Commissioner of Public Property, Andres Perez. This bill will enable the adjacent land at 8432 Algon Avenue and in the rear to be incorporated in the Pennypack Park. An appraisal as to fair market value will be provided upon request. The Department of Public Property supports the measure for Fairmount Park. And accordingly, I respectfully ask City Council approve Bill 030788. I also ask the Rules be suspended so the ordinance may be passed upon second reading at Council. 19 12/9/03 - PUBLIC PROPERTY - BILL 030743 And someone is here from Fairmount Park with the details.
Mark Folk, Program Administrator with Fairmount Park Commission. The acquisition of this particular property has been the focus of Commission and staff work for about the past three years. The Fairmount Park Commission voted at its April meeting to approve acquisition of the property. And we have an agreement of sale with the current owner, so we strongly endorse this acquisition.
Any questions? 20 12/9/03 - PUBLIC PROPERTY - BILL 030743 Councilmember Reynolds Brown.
Thank you, Mr. Chairman. After three years of work and diligence on this matter, how did you arrive at $335,000 versus 100,000 versus 0? How did you back into that number?
We had two appraisals done on the property, one in 2001 and 2002, both done by the same appraiser. Looking at two potential developments scenarios, one whether or not the parcel could be subdivided for residential single family construction, and one if it could not be developed. And then Commissioner John Benswanger, Fairmount Park Commissioner, negotiated with the property owners using those two appraisals as guides, and they negotiated a sales price.
And any benefits accrued to Friends of Pennypack Park, simply to be an advocate to Pennypack Park --
The Friends of Pennypack and many of the neighbors are strong supporters of this acquisition. We would 21 12/9/03 - PUBLIC PROPERTY - BILL 030743 manage the land as passive open space.
Thank you very much. Any other questions? (No response.)
Seeing none, that will conclude public hearing of the Committee on Public Property and Public Works. - - - - 22 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON PUBLIC PROPERTY & PUBLIC WORKS - - - - Tuesday, December 9, 2003 - - - - Public meeting conducted by the Committee on Public Property and Public Works, held in Room 696, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 030742, 030743, 030785, 030788. PRESENT: COUNCILMAN JAMES KENNEY, Chair COUNCILMAN DARRELL CLARKE COUNCILMAN DAVID COHEN COUNCILWOMAN REYNOLDS BROWN 23 12/9/03 - PUBLIC PROPERTY - PUBLIC MEETING
We will now convene a public meeting. The Chair recognizes Councilmember Clarke for a motion on Bill 030742.
Thank you, Mr. Chair. I make a motion that Bill 030742 be reported out of Committee with favorable recommendation and a request for the suspension of the Rules. (Duly seconded.)
There are none opposed. Bill No. 030742 will be reported out of this Committee with a favorable recommendation, a request will be made for Rule suspension to allow for first reading at our next Council Session.
The Chair Councilmember Clarke for a motion on Bill 24 030743.
Thank you, Mr. 24 12/9/03 - PUBLIC PROPERTY - PUBLIC MEETING Chair. I move that Bill 030743 be reported out of Committee with favorable recommendation and a request for the suspension of the Rules. (Duly seconded.)
There are none opposed. Bill No. 030743 will be reported out of this Committee with a favorable recommendation, a request will be made for Rule suspension to allow for first reading at our next Council Session. The Chair recognizes Councilmember Reynolds Brown for a motion on 030785.
I make a motion that Bill 030785 be reported out of Committee and a request with a suspension of the rules. (Duly seconded.)
Moved and seconded. All in favor? (Aye.) 25 12/9/03 - PUBLIC PROPERTY - PUBLIC MEETING
There are none opposed. Bill No. 030785 reported out of this Committee favorably. A request will be made for Rule suspension to allow for first reading at our next Council Session. The Chair recognizes Councilmember Cohen for a motion on 030788.
I move the Bill 10 030788 be reported with a favorable recommendation and with a request for suspension of the Rules to permit first reading at the next Council meeting. (Duly seconded.)
There are none opposed. Bill No. 030788 reported out of this Committee favorably with a request made for Rule suspension to allow for first reading at our next Council Session. That will conclude the business of the Public Property and Public Works 12/9/03 - PUBLIC PROPERTY - PUBLIC MEETING Committee. Thank you for your help. (Council adjourned at 2:00 p.m.) - - - - 27 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of December 9, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON PUBLIC PROPERTY AND PUBLIC WORKS _________________________ Lisa C. Bradley, RPR