COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall4 Philadelphia, Pennsylvania Wednesday, June 3, 2009, 2:24 p.m.5 - - - Bill 090122 - Dumpsters legislation Bill 090123 - " "7 Bill 090259 - Sidewalk café @ 4000 Spruce St. Bill 090262 - Newspaper Boxes8 Bill 090264 - Held at request of sponsor Bill 090266 - Sidewalk café @ 1001 S. 10th St.9 Bill 090290 - Revision of lines and grades... Bill 090291 - No-parking regulation10 Bill 090320 - Traffic signal installation Bill 090329 - Farmers Market --11 Bill 090382 - Prevent Red Light Violations Bill 090386 - Prevent Red Light Violations12 Bill 090387 - Sidewalk café @ Ridge Ave. Bill 090388 - Canal View Park Farmers Market13 Bill 090391 - Prevent Red Light Violations bill 090402 - Sidewalk café @ 3900 Chestnut14 Bill 090403 - Underground improvements @ CHOP Bill 090404 - One-way reg. on Belgrade Street15 Bill 090406 - Sidewalk sales prohibition -- Bill 090407 - Prevent Red Light Violations16 Bill 090409 - National Park Service... Bill 090436 - 22nd & Christian Sidecar Café17 Bill 090438 - No-truck-parking regulation Bill 090441 - Westmoreland St.18 Bill 090442 - " " 19 COMMITTEE MEMBERS PRESENT: Frank DiCicco, Chair Curtis Jones, Jr.20 Maria Sanchez, Vice Chair Donna Reed Miller William K. Greenlee21 22 V A R A L L O Incorporated Litigation Support Specialists23 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 1910324 215.561.2220 215.567.2670 25 2 6/3/09 COMMITTEE ON STREETS & SERVICES1 COUNCILMAN DiCICCO: Good2 afternoon. This is the Committee on3 Streets and Services. The public hearing4 is now in session.5 We do have a quorum. To my far6 left is Councilwoman Maria Quiñones-7 Sanchez, to my immedate left is8 Councilman Greenlee, to my immediate9 right is Councilman Jones. We do have a10 quorum.11 I will now ask Mr. Abernathy to12 read the title of the first bill.13
Bill No. 09026414 is being held at the request of the15 sponsor.16 Bill No. 090441, an ordinance17 authorizing the paving of Fourth Street18 from Westmoreland Street to Ontario19 Street, and Westmoreland Street from20 Lawrence Street to Fourth Street, under21 certain terms and conditions.22 And Bill No. 090442, an23 ordinance authorizing the revision of24 lines and grades on a portion of City25 3 6/3/09 COMMITTEE ON STREETS & SERVICES1 Plan City No. 157 by placing on the City2 Plan Fourth Street from Westmoreland3 Street to Ontario Street east of Lawrence4 Street and Westmoreland Street from5 Lawrence Street to Fourth Street, partly6 within the lines of an existing7 pedestrian walkway and authorizing the8 opening of the portion of the bed of9 Westmoreland Streets extending through10 property owned by the City of11 Philadelphia, all under certain terms and12 conditions, including the dedication to13 the City of the bed of Fourth Street and14 the portion of the bed of Westmoreland15 Street not owned by the City.16 (Witness comes forward.)17 COUNCILMAN DiCICCO: Good18 afternoon, gentlemen. Please identify19 yourself for the record and proceed with20 your testimony.21
Good afternoon,22 Chairman and members of the Committee.23 My name is Frank Morelli, Survey Bureau24 Manager with the Department of Streets,25 4 6/3/09 COMMITTEE ON STREETS & SERVICES1 and the Department of Streets would like2 to offer the following testimony on Bill3 No. 090441.4 This is not an administrative5 ordinance but an ordinance requested by6 Mr. Luis A. Rodriguez, P.E., of Rodriguez7 Consulting, LLC, 1817 Arlington Drive,8 Williamstown, New Jersey. The purpose of9 this ordinance is to pave Fourth Street10 from Westmoreland Street to Ontario11 Street and Westmoreland Street from12 Lawrence Street to Fourth Street. This13 action is a part of an affordable housing14 development on the abutting lane15 consisting of approximately 15 new16 townhomes.17 This ordinance is supported by18 the Department of Streets and is19 recommend to your committee for favorable20 action.21
Councilman, I'll22 be testifying on the next one, 442, the23 placement of the --24 COUNCILMAN DiCICCO: Thank you.25 5 6/3/09 COMMITTEE ON STREETS & SERVICES1 Any questions for this witness2 on behalf of the committee? No?3 (No questions or comments.)4 COUNCILMAN DiCICCO: Anyone5 else to testify on this bill?6 (No response.)7 COUNCILMAN DiCICCO: Please8 proceed with the testimony on Bill No.9 090442.10
Good afternoon,11 Mr. Chairman and members of the12 committee. My name is Frank Morelli,13 Survey Bureau Manager of the Department14 of Streets, and the Department of Streets15 to like to offer the following testimony16 on Bill No. 090442.17 This is not an administrative18 ordinance but an ordinance requested by19 Mr. Luis A. Rodriguez, P.E., of Rodriguez20 Consulting, 1817 Arlington Drive,21 Williamstown, New Jersey. The purpose of22 this ordinance is to place on the City23 Plan Fourth Street from Westmoreland24 Street to Ontario Street and Westmoreland25 6 6/3/09 COMMITTEE ON STREETS & SERVICES1 Street from Lawrence Street to Fourth2 Street. This action will facilitate an3 affordable housing development on the4 abutting land consisting of approximately5 50 new townhomes.6 This ordinance is supported by7 the Department of Streets and is8 recommended to your committee for9 favorable action.10
Good afternoon,11 Chairman DiCicco and members of the12 Streets and Services Committee. I am13 William Erickson, a City Planner with the14 Development Planning Division of the15 Philadelphia City Planning Commission. I16 am here to testify on Bill No. 090442,17 which Councilmember Sanchez introduced18 into City Council on May 21, 2009.19 This bill will place on the20 City Plan Fourth Street from Westmoreland21 to Ontario Street and east of22 (indiscernible) Street and Westmoreland23 Street from Lawrence Street to Fourth24 Street. This will allow the development25 7 6/3/09 COMMITTEE ON STREETS & SERVICES1 of the large-court homeownership project2 which consists of 49 new single-family3 attached units and four new infilled4 (indiscernible).5 This action received6 preliminary approval from the Planning7 Commission at its meeting on February 17,8 2009. This action, set forth by Bill9 090442, is consistent with this previous10 policy of the Philadelphia Planning11 Commission. Accordingly, we recommend at12 a Bill No. 090442 is approved.13 This concludes my testimony. I14 appreciate the opportunity to appear15 before you today and would be pleased to16 answer any questions.17 COUNCILMAN DiCICCO: Thank you.18 Any questions for these19 witnesses from the committee?20 (No questions or comments.)21 COUNCILMAN DiCICCO: Anyone22 here to testify for or against the bill?23 (No response.)24 COUNCILMAN DiCICCO: Seeing25 8 6/3/09 COMMITTEE ON STREETS & SERVICES1 none, Mr. Abernathy, the title of the2 next bill.3
Bill No.4 090436, an ordinance authorizing Adam5 Ritter to construct, own, and maintain an6 open-air sidewalk café at 2201 Christian7 Street, under certain terms and8 conditions.9 (Witness comes forward.)10 COUNCILMAN DiCICCO: Good11 afternoon.12
Good afternoon,13 Chairman and members of the Committee.14 My name is Robert Black, and I'm a15 construction engineer with the Streets16 Department and I'm here to offer the17 following testimony for Bill No. 090346.18 This bill authorizes Adam19 Ritter to construct, own, and maintain an20 open-air sidewalk café located at 220121 Christian Street. The sidewalk café22 consists of nine tables approximately23 2-feet-square, with 18 chairs,24 encroachment of a maximum of 6 feet on25 9 6/3/09 COMMITTEE ON STREETS & SERVICES1 the west footway of South 22nd Street,2 leaving a minimum of 8 feet clear for3 pedestrian traffic.4 The sidewalk also consists of 45 tables approximately 2-feet-square, with6 8 chairs encroaching a maximum of7 3-feet-9-inches on the north footway of8 Christian Street, leaving a minimum of9 7-feet-6-inches for clear pedestrian10 traffic.11 The Streets Department has12 reviewed the plans and has no objection13 to the passage of the bill.14 COUNCILMAN DiCICCO: Just give15 me one second, please.16 I'm sorry. Again, thank you.17 Please proceed with your testimony.18
Good afternoon19 Chairman DiCicco. My name is William20 Erickson from the Development Planning21 Division of the Philadelphia Planning22 Commission.23 This item is scheduled for the24 next Planning Commission meeting on June25 10 6/3/09 COMMITTEE ON STREETS & SERVICES1 9th. And, currently, we'd ask that it be2 held until after the Planning3 Commission's meeting, or at least final4 passage be held until after the Planning5 Commission meeting on the 9th.6 COUNCILMAN DiCICCO: We could7 still vote it out.8 Do you have any idea what the9 Planning Commission's recommendation10 going to be? I've been dealing with this11 almost as much as I deal with cafés in my12 district, so it would be helpful.13
Yes. The staff14 recommendation is going to be -- we would15 recommend approval for the sidewalk café16 with certain restrictions and some17 modification.18 COUNCILMAN DiCICCO: Certain19 restrictions as it relates to the hours?20
Certain21 restrictions as it relates to the hours22 and the number of tables.23 We think the amount of chairs24 is appropriate; however, the amount of25 11 6/3/09 COMMITTEE ON STREETS & SERVICES1 tables, because they're so close2 together, we'd like to reduce the amount3 of tables on either side, however,4 remaining with the same number of chairs5 that, with eight chairs on the Christian6 Street side and 22 --7 UNIDENTIFIED SPEAKER:8 Actually, how many chairs on the...9
I think it's 1810 chairs on the 22nd Street side.11 COUNCILMAN DiCICCO: And that's12 because of the size of the tables?13
Well, the --14 right now, they actually proposed that --15 these are two-foot tables and they're16 directly abutting one another. And the17 assumption here is, as soon as you go to18 sit down, you're going to pull that table19 a little bit away so that when you sit20 down, you don't bump the guy next to you.21 So they're calling for all 2-foot-by-2-22 foot tables.23 And the amount of clear space24 that they're required go right up onto25 12 6/3/09 COMMITTEE ON STREETS & SERVICES1 the line. And when you have all two-foot2 tables, the assumption is, you're not3 going to sit right abutting the table4 next to you; you're going to pull off a5 little bit.6 So we'd like to reduce the7 number of tables but keep the number of8 chairs there so that could you, you know,9 maybe put a table and put a chair at the10 end of the tables instead of -- because11 when we assume that they're going to pull12 the tables away from each other to get a13 little bit room in between the tables.14 So that's -- we're going to be15 recommending for the sidewalk café to16 limit the hours and reduce the number of17 tables.18 COUNCILMAN DiCICCO: Thank you.19 Councilman Jones.20
Yeah. I21 would have a question. There are two22 streets in question?23
That's correct.24 This is at the corner of 22nd and25 13 6/3/09 COMMITTEE ON STREETS & SERVICES1 Christian.2
So are you3 recommending a particular amount on one4 street or the other?5
Yes. And we'd6 be recommending two tables on the7 Christian Street side, six tables on the8 22nd Street side, with the same number of9 chairs.10
Well, that's13 going to be the staff recommendation to14 the Planning Commission.15
It's an informal18 body. They can -- I would be making the19 staff recommendation to the formal body.20
So that's24 your professional recommendation, that we25 14 6/3/09 COMMITTEE ON STREETS & SERVICES1 limit the amount of tables on the2 Christian Street side.3
How many6 tables are you recommending on the North7 22nd --8
Six and two.15 COUNCILMAN DiCICCO: Is the16 Commission weighing in on any of the17 hours of operation?18
Yes, we would be19 making a recommendation on the hours of20 operation.21
On the Christian24 Street side, we would like to limit it to25 15 6/3/09 COMMITTEE ON STREETS & SERVICES1 10 o'clock; and on the 22nd Street2 side --3 COUNCILMAN DiCICCO: Is that4 are the -- excuse me. Is that for the5 six nights of operation?6
Actually, we'd7 actually make the recommendation for all8 seven nights.9 COUNCILMAN DiCICCO: Assuming10 that they open it on Monday.11
Yeah. They may12 open on Monday. All seven nights at13 10 o'clock.14 And then we would do on the15 22nd Street side, Sunday through16 Thursday, 10; and 11 o'clock on Friday17 and Saturday nights.18
Can I get a19 little insight as to why you're20 recommending just two tables on Christian21 Street?22
It's very tight.23 First of all, these windows open out,24 they're casement windows. If you can see25 16 6/3/09 COMMITTEE ON STREETS & SERVICES1 the plan -- and I'll bring up a copy of2 the plan -- it's very tight. And these3 tables are sitting directly abutting one4 another.5 And as you -- a two-foot table,6 the assumption is that you're not going7 to want to sit right abutting the guy8 next to you. So you're going to slide9 your table over because there's four10 tables there. It's very tight if you're11 sitting four tables in 10-foot-4. It's12 going to be very tight.13 So the assumption is they're14 going to start moving and encroaching15 into the street.16
What's the17 distance to the closest residential18 property?19
Yes.23 COUNCILMAN DiCICCO: Just to24 clarify that; that's on the Christian25 17 6/3/09 COMMITTEE ON STREETS & SERVICES1 Street side.2
On the Christian3 Street side.4 COUNCILMAN DiCICCO: On the5 22nd Street side --6
There's an7 alley, yeah, there's a street there.8 COUNCILMAN DiCICCO: There's a9 street separating it from the nearest10 resident.11
Thank you,12 Mr. Chairman.13 COUNCILMAN DiCICCO: What's the14 width of the sidewalk on Christian and15 22nd; do you know?16
Yeah. The17 sidewalk on Christian Street is18 15-foot-wide and the sidewalk on 22nd19 Street is 14-foot-wide.20 COUNCILMAN DiCICCO: It's 14 on21 22nd?22
Yes.23 COUNCILMAN DiCICCO: How's that24 compare to 18th Street where -- 18th,25 18 6/3/09 COMMITTEE ON STREETS & SERVICES1 where Rouge is, Center City?2
Normally --3 COUNCILMAN DiCICCO: That's4 much larger, isn't it?5
Well, yeah. The6 issue here is that the sidewalk café7 regulations had a 13-foot cutoff.8 Anything wider than 13 feet, you had to9 use half the distance of the street; as10 opposed to a street that is under 1311 feet, you could then do the clear space12 of -- I think it's five feet.13 So you could -- on smaller14 streets that aren't -- on sidewalks that15 aren't quite as wide, you could go down16 to five feet. These are proposing to17 maintain those half clear, the half clear18 space.19 COUNCILMAN DiCICCO: I guess20 the point I'm trying to make is that21 having a 15-foot-width sidewalk on22 Christian Street, technically they would23 be able to put more tables in if you24 compare it to what we have in front of25 19 6/3/09 COMMITTEE ON STREETS & SERVICES1 Rouge.2
They could if3 they --4 (Applause.)5 COUNCILMAN DiCICCO: And I'm6 not picking on Rouge; I'm just trying to7 make a point here.8
They could if9 they -- the issue is, they're trying to10 maintain 7-and-a-half foot clear from an11 existing tree. There's a tree there,12 which limits the sidewalk. And so the13 ordinance requires that they maintain it14 half clear.15 So this is their intent, to16 maintain that 7-foot-6 clear.17 COUNCILMAN DiCICCO: But I'm18 not suggesting one -- that what I'm about19 to say, one neighborhood is right or20 wrong in this or has better privileges.21 But East Passyunk Avenue, which I'm very22 involved in, their sidewalks are much23 narrower than 13 or 14 feet, and they24 have more than -- in some cases, more25 20 6/3/09 COMMITTEE ON STREETS & SERVICES1 than two tables.2 So why only two on Christian3 Street when you have 15-foot of sidewalk4 and you don't have that kind of space in5 other sections where we have numerous6 sidewalk cafés?7
Well, it is a10 function of the fact that the tree's11 there. There's no question there's a12 (indiscernible) by the fact the tree's13 there. This particular plan calls for14 the removal of the tree for where the15 nine tables are.16 COUNCILMAN DiCICCO: Oh,17 they're not going to remove a tree if I18 had anything to do with it.19
Yeah, yeah.20 COUNCILMAN DiCICCO: But21 Passyunk Avenue and other corridors have22 trees as well.23
Yeah, yeah.24 COUNCILMAN DiCICCO: I'm not25 21 6/3/09 COMMITTEE ON STREETS & SERVICES1 trying to pick a fight.2
Yeah.3 COUNCILMAN DiCICCO: I'm just4 trying to -- what's the rationale?5
The rationale6 behind this, at least from my7 perspective, was that when I was looking8 at the tables being directly abutted9 against the wall of the building, the10 assumption is that those are going to be11 under windows that open out, and that12 that's going to -- that and the fact that13 they're so tight against it that people14 are going to pull those tables and move15 them away from one another.16 Now, that would reduce the17 amount of clearance, you know, maybe six18 inches, a foot, but that would not19 comply. So that's why (indiscernible)20 the recommendations. You know, six21 inches, a foot. But that's the reason22 why I made the recommendation.23 COUNCILMAN DiCICCO: The24 windows that open out, are they bifold25 22 6/3/09 COMMITTEE ON STREETS & SERVICES1 windows?2
They're3 casement.4 COUNCILMAN DiCICCO: They're5 casement.6
Yeah.7 COUNCILMAN DiCICCO: Oh,8 casement, not bifold. So they're just9 kind of permanent -- when they're open,10 they're permanently out as opposed to11 bifold, which could be up against the12 frame.13
No. These --14 COUNCILMAN DiCICCO: Okay. No,15 that makes -- that clears up one of my16 other issues. All right.17 Any other questions for these18 witnesses?19 (No further questions.)20 COUNCILMAN DiCICCO: Seeing21 none, thank you, gentlemen. I'm sure22 there are going to be more questions for23 you. Hang around.24 We normally have a witness25 23 6/3/09 COMMITTEE ON STREETS & SERVICES1 list. I understand we do not have a2 witness list but I suspect there are a3 number of people here who will want to4 testify. And in the absence of a witness5 list, it's going to make it difficult to6 call people up to the witness table.7 So just, if you're going to be8 testifying, raise your hand.9 All right. Why don't I try to10 do this. Beginning in the front row --11 to my right, your left, right?12 UNIDENTIFIED SPEAKER: What13 bill is this on?14 COUNCILMAN DiCICCO: This is15 for the same bill, for the 22nd Street16 Sidecar.17 Okay. Why don't we do this.18 We'll bring the applicant up first.19 Mr. Abernathy will pass around a tablet20 for those potential witnesses to sign in,21 okay?22 And once the applicant is23 complete, we will then go through the24 witness list and we will ask everyone to25 24 6/3/09 COMMITTEE ON STREETS & SERVICES1 keep their comments to two minutes. I2 have a cooking timer here, so we'll try3 to make it work out.4 (Laughter.)5 COUNCILMAN DiCICCO: Will the6 applicant please come to the witness7 table -- or applicants.8 (Witnesses come forward.)9 (Applause.)10 COUNCILMAN DiCICCO: In all of11 the years I've been in politics, I never12 got an applause like that.13 (Laughter.)14 COUNCILMAN DiCICCO: Not15 really.16 Actually, I owned a restaurant17 once, and I still didn't get applause; I18 went broke.19 (Laughter.)20 COUNCILMAN DiCICCO: Thank you21 and good afternoon. Please identify22 yourself for the record and proceed with23 your testimony.24
Good afternoon,25 25 6/3/09 COMMITTEE ON STREETS & SERVICES1 members of the committee. My name is2 Adam Ritter, applicant; my wife, Jennifer3 Ritter, applicant.4 COUNCILMAN DiCICCO: Proceed.5
Thank you.6 What I'd like to do first is7 give you some personal facts, a little8 basic bio. I don't want to blather on9 about it.10 What I would like to let you11 know is, my wife and I have lived in the12 Graduate Hospital area, 20th and13 Christian 2043 Christian, a block away14 from our business, since 2002.15 We purchased the bar, 220116 Christian. It was Victor's Tavern, a17 place for good folks. In March of '05,18 it was a clear nuisance bar. The19 following year, we won "Best New Bar,"20 voted "Best Bar You've Never Heard Of,"21 so within a short year, we were able to22 take a classic nuisance establishment23 riddled with drugs, violations, you name24 it, classic case.25 26 6/3/09 COMMITTEE ON STREETS & SERVICES1 The year beyond that we were2 voted PW, one of the top 50 bars in3 Philadelphia County.4 I could sit here and go on, but5 I really -- I don't want to waste your6 time or the people's time here at this7 point. We feel as though that we take8 pride in what we do, and we do a very9 nice job at it, and it's been noticed.10 What I'd like to explain is why11 I didn't have a permit or a license.12 What I did was, after we bought the bar,13 put it together, we -- in February of14 22nd of '06, I met with SOSNA, our civic15 association. We stood in front of them16 and asked them for their permission in17 reference to having outdoor seating, and18 I have a letter here, which I'd like to19 give into testimony, please.20 As I read: February 22, 2006,21 Zoning Board of Adjustment, Concourse22 Municipal Services Building, so forth and23 so on.24 Calendar: 2201 Christian25 27 6/3/09 COMMITTEE ON STREETS & SERVICES1 Street, Sidecar Bar & Grille, the2 application of an extension of a retail3 space, 14-foot-wide by 45-foot-length4 outside, outdoor setting.5 Dear Zoning Members: The6 owners presenting plans to the community7 at SOSNA community meeting of February8 16, 2006, the owners requested approval9 for outside seating and newly10 refurbished -- a refurbished Sidecar Bar11 & Grille. The community was very12 positive in the response and expressed13 their support. SOSNA is happy to support14 this commercial investment in our area.15 Signed, "Sincerely, John16 McHugh." Again, February 22nd of '06.17 Unfortunately, I did not know18 at that time that I needed to go and19 obtain an ordinance and seek permission20 through the City as well as the PLCB. I21 apologize.22 As soon as I did find that out,23 I processed the paperwork. That's why24 we're here today. For three-and-a-half25 28 6/3/09 COMMITTEE ON STREETS & SERVICES1 years, we ran outside seating, with zero2 complaints.3 Why are we continuing and4 operating or up until last week operate5 as an outdoor café without a permit?6 Part of my problem was, I have a staff7 that I employ, that if I did not at that8 time, unfortunately, I would have to9 relieve six of my employees of their10 duties, six people that take care of that11 outside when it's in operation.12 And I was hoping that this13 process would have happened quicker, so I14 wouldn't have had to at that point get a15 cease-operations through L&I. I16 apologize, but that is the case.17 What I have here is support18 from the sergeant of the 17th Police19 District showing that for three-and-a-20 half years, not only did we not have any21 issues with the outside; we didn't have22 any issues as a business, as a bar in our23 operation.24 And I want to have my wife25 29 6/3/09 COMMITTEE ON STREETS & SERVICES1 please read this. And I'd also like to2 submit this into testimony, please.3
May 5, 2009. The4 owners of the Sidecar Bar & Grille, Adam5 and Jen Ritter, have been active members6 of their community. Over the past few7 years, I have come to know and respect8 these two individuals. They are9 responsible bar owners and have always10 cooperated with the 17th District.11 Adam and Jen have sponsored12 youth programs within the 17th Police13 District and the community events. They14 are my eyes and ears within the community15 and take a proactive approach in16 deterring crime near their business.17 Both Adam and Jen assist me in18 informing residents about crime patterns.19 They have reached out to their patrons on20 numerous occasions to assist the 17th21 Police District in solving crimes. On22 occasion, Adam has personally contacted23 me when witnessing crimes in the 17th24 District.25 30 6/3/09 COMMITTEE ON STREETS & SERVICES1 The Sidecar Bar & Grille should2 be a model for all bar owners within the3 17th District. To date, I have received4 no community complaints about the bar. A5 check of the 9-1-1 database for this6 address has revealed no calls for7 service.8 The former bar, Victor's, was9 known as a nuisance, and the area was10 frequented by drug dealers. Since the11 Sidecar Bar & Grille started, the quality12 of life in this area has greatly13 improved.14 Sergeant John Massi.15 (Applause.)16
I'd like to talk a17 little about the neighborhood itself.18 We feel this particular19 neighborhood is a special place. We also20 feel as though that the Sidecar is a21 special place. This bar is no longer22 just our bar; this is a neighborhood bar;23 we happen to just be the people that24 actually run it. And, as you can see,25 31 6/3/09 COMMITTEE ON STREETS & SERVICES1 the folks in our neighborhood are here to2 support that.3 (Applause.)4
It's an5 interesting, eclectic group of folks,6 artists, professionals; you name it, we7 got it, and it's awesome. And we're8 blessed to have these people.9 We're also in a situation in10 our neighborhood where we're in what I11 refer to as a "state of commercial12 suspension." What's going on right now13 is, we've got buildings all over the14 neighborhood that are prime for amenity15 that sit vacant right now.16 And investors, potential17 entrepreneurs, restaurateurs, what have18 you, are watching things like this very19 closely, and they want to know how easy20 or difficult it is to do business in our21 neighborhood and through City Council as22 well. And that's why we're asking here23 for your permission to set a tone here.24 This whole thing right now is25 32 6/3/09 COMMITTEE ON STREETS & SERVICES1 much bigger than us. We happen to be2 caught in the middle of it.3 We, at this point, have to move4 forward so other folks can realize that5 it is a friendly neighborhood business-6 wise.7 (Applause.)8
With that being9 said, what we would also like to do is10 have Council, please, if it is possible,11 to revisit the shaded area that Streets12 puts out there of the non-ordinance-13 needing session, meaning it stops at14 Bainbridge Street. Anything south of15 there, you go through the City, you go16 through the PLCB if that applies.17 And we are hoping that you18 would, at this point, consider that,19 please, to have smaller places like ours20 have the ability to get outside seating,21 and that would also be an incentive for22 potential entrepreneurs or investors or23 amenities in general.24 (Applause.)25 33 6/3/09 COMMITTEE ON STREETS & SERVICES1
22nd and2 Christian. It's been a bar since the3 1930s. I pulled the L&I packet on this.4 This bar has been on there since the5 1930s. The first permit pulled for6 construction was in 1938.7 Most of the surrounding corners8 also at one time housed taprooms, so this9 should not be new for any of opponents.10 They knew what they were getting into at11 this point when they chose to live in12 this area. They moved -- essentially,13 they moved near a bar and had to14 understand some of the basic issue that15 does come along with that.16 We're not perfect; we17 understand this. We at the Sidecar Bar &18 Grille are not perfect, and we appreciate19 that. All businesses in a residential20 area are going to have a certain level of21 negative impact; we know this, we22 understand this, we are conscious of it.23 We respect our neighbors and our24 neighborhood and try to make as little25 34 6/3/09 COMMITTEE ON STREETS & SERVICES1 negative impact as possible.2 The one and only time anyone3 ever approached me neighborhood-wise was4 Miss Carty, at 2203. She's my direct5 next-door neighbor. She became upset6 when patrons would lock their bikes to7 her property, and I appreciate that. In8 response, an immediate response, the9 Sidecar Bar & Grille procured eight bike10 racks and installed them on each of the11 four corners as a remedy.12 Besides that, there's never13 been any other conversation or reference14 to anything about our place.15 I have been willing to listen16 to my opponents from the beginning, but17 none of them have ever approached me.18 The only time they speak is when they are19 in a populated forum like SOSNA or CBA20 meeting. They try to paint me ugly, and21 I find this style of communication just22 plain-out unneighborly. And I really --23 I don't appreciate it.24 When I try to speak to people25 35 6/3/09 COMMITTEE ON STREETS & SERVICES1 like Mr. Hayes, who will testify, or2 Mrs. Kim, who will testify, on the3 street, they just turn their back and4 they walk away from me.5 We live in a residential area6 all in close proximity, and we hope from7 this point forward, we can work on8 discussing the negative impact that,9 unfortunately, places like ours do shed.10 Things that the opponents may11 say:12 Beer bottles on their homes.13 I'm sorry, beer bottles on the steps of14 their homes. Drug paraphernalia found on15 the streets close to the bar. Noise they16 may be right, they may be wrong.17 These are things that are18 inherent to living in the, City and the19 source of these issues do not reside at20 the Sidecar Bar & Grille.21 (Applause.)22
They also will23 talk about it's difficult to walk among24 the seating area.25 36 6/3/09 COMMITTEE ON STREETS & SERVICES1 COUNCILMAN DiCICCO: Excuse me,2 Mr. Ritter.3
I'm sorry.4 COUNCILMAN DiCICCO: I think it5 might be helpful if you just get to the6 issue of what it is you're seeking7 because I suspect that those folks will8 say exactly what you're saying they will9 say.10
Mm-hmm.11 COUNCILMAN DiCICCO: So, in the12 interest of time, if you could just talk13 about the application --14
Yep.15 COUNCILMAN DiCICCO: -- and16 what it is that you'd like to see in17 terms of seating and hours.18
Sure.19 COUNCILMAN DiCICCO: And then20 we'll get into -- the other folks will21 talk about what they're issues may or may22 not be.23
Very good.24 COUNCILMAN DiCICCO: And then25 37 6/3/09 COMMITTEE ON STREETS & SERVICES1 we'll have to decide on that. That would2 be helpful.3
I have four quick4 things; can I run through those and then5 be done? I appreciate that.6 Patron noise. Basically, what7 I want to talk about is things that we8 have control of that I've been working on9 and plan to keep installed.10 Difficulty to walk through the11 seating area. We have changed the way12 the seating is configured to where13 patrons are less likely to block14 aisleways.15 Patron noise. We have placed16 signs around the building to warn17 customers to speak at lower levels. We18 close the windows on Christian Street19 side much earlier in the evening. We20 take the tables and the chairs in on21 Christian Street much earlier in the22 evening.23 I personally meet with my24 managers on a weekly basis to discusses25 38 6/3/09 COMMITTEE ON STREETS & SERVICES1 the negative impact to my neighbors.2 What we're asking for -- moving3 to the drawing -- is, per the Streets4 Department, per our legal right, we are5 asking for 9 two-tops on 22nd Street and6 4 two-tops on Christian Street. That's7 what we're asking for.8 And we also have some hours of9 operation that we would like to discuss.10 After speaking with SOSNA and community11 leaders, we came up with an outdoor12 seating closing schedule that we would13 like to recommend.14 Tuesday, Wednesday, Thursday;15 Christian Street side specifically: We16 would like to make the last call at17 10:30. We would like to have the whole18 area broken down by 11 o'clock.19 22nd Street. Again, Tuesday20 Wednesday and Thursday. Last call at21 midnight. Broken down by 12:30.22 Friday, Saturday, and Sunday,23 Christian Street and 22nd Street: Last24 call, 1 o'clock, broken down by 1:30.25 39 6/3/09 COMMITTEE ON STREETS & SERVICES1 And lastly, what we would like2 to do is add in for testimony. We have3 two other letters of recommendation. A4 peer of yours who, unfortunately,5 couldn't make it today. We have a letter6 of recommendation which I would like my7 wife to read from Councilman Bill Green.8 COUNCILMAN DiCICCO: We can9 just submit that for the record. We will10 have copies and --11
Thank you.12 And then lastly, I'd also like13 to submit one more, from State14 Representative Babbette Joseph.15 COUNCILMAN DiCICCO: If you can16 forward that --17
We have that.18 COUNCILMAN DiCICCO: We will19 submit those for the record.20
Thank you.21 COUNCILMAN DiCICCO: They will22 be entered into the record.23
And then I'd also24 like to enter in the testimony -- we25 40 6/3/09 COMMITTEE ON STREETS & SERVICES1 have, between petition and affidavit of2 folks that were unable to be here today3 because of employment, we have 606 people4 that would like to be here but,5 unfortunately, they can't.6 COUNCILMAN DiCICCO: We7 couldn't fit 'em in anyway.8
Here. I'd like to9 add them in, please.10 Thank you.11 COUNCILMAN DiCICCO: All right.12 (Applause.)13 COUNCILMAN DiCICCO: I would14 just like to recommend, as we go through15 this hearing, in whatever decision this16 committee makes as it relates to the17 hours of operation, that we would include18 Monday in the grouping of Tuesday,19 Wednesday, and Thursday --20
Understood.21 COUNCILMAN DiCICCO: -- in the22 event you would opt to go to a seven-day23 operation and not come back and go24 through all this again, all right?25 41 6/3/09 COMMITTEE ON STREETS & SERVICES1
Understood.2 (Applause.)3 COUNCILMAN DiCICCO: Any other4 comments or questions?5 (No further questions.)6 COUNCILMAN DiCICCO: Thank you.7
Thank you.8 COUNCILMAN DiCICCO: We'll9 begin with the witness list. And, again,10 remember we will try to keep everyone to11 two minutes.12
Sarah Burton,13 Sonja Johnson, Eric Hayes, and John Popp.14 (Witnesses come forward.)15 COUNCILMAN DiCICCO: Before you16 begin, Mr. Ritter, you know, you can just17 nod your head either way.18 When you purchased this19 business, was it operating when you20 purchased it, or was it non-operating?21
It was operating.24 COUNCILMAN DiCICCO: Thank you.25 42 6/3/09 COMMITTEE ON STREETS & SERVICES1 For the record, Mr. Ritter2 answered in the affirmative. Thank you.3 Decide among yourself who will4 go first. Please identify yourself for5 the record and proceed with your6 testimony.7
My name is Eric8 Hayes. I live at 2207 Christian Street.9 I am in opposition to the outside dining,10 and I'd like to submit this into the11 record as to why that would be.12 The Sidecar has a couple of13 issues that's obviously a little14 different than what you all have heard.15 Most of the people that support the16 Sidecar in good faith has not and does17 not have a hardship.18 They don't live on the block of19 22nd and Christian Street adjoining to20 the Sidecar. They may live 21st and21 Christian Street, they may live Catherine22 Street, Bainbridge Street, et cetera. So23 anytime that they visit the Sidecar24 dining from the hours that it's open,25 43 6/3/09 COMMITTEE ON STREETS & SERVICES1 whenever they decide to leave, they can2 leave at a time that is reasonable for3 them but is not reasonable for those that4 live adjoining to the property that has5 to work and should have an opportunity to6 get peace and tranquility.7 One of the issues that came8 about Sidecar recently was that9 Mr. Ritner [sic] decided to want to10 expand the Sidecar. There was a zoning11 hearing on the 15th -- at 1515 Arch12 Street, on May the 6th, in which it was13 determined that he didn't have the14 outside permit for the outside dining.15 Chairman Jaffe of the Zoning16 Board, along with the Zoning Board17 committee members, asked him and also --18 they asked him, did he have any outside19 permit? He said no. She asked him,20 please do not use the outside dining;21 you're in violation of the law. She did22 make that clear to him and his lawyer.23 However, on the next day, I24 believe it is, the 7th, May the 7th, up25 44 6/3/09 COMMITTEE ON STREETS & SERVICES1 until past Mother's Day, he used the2 outside dining, both sides of the outside3 dining, fully being aware that he didn't4 have the certification that is required5 for this.6 Most of the time, when there7 was an issue with my particular property,8 I did briefly speak with him about the9 issues on my property. I did make him10 aware of the drug paraphernalia that was11 on my steps, the alcohol bottles, as well12 as ashtrays and whiskey glasses13 repeatedly and cigarette butts.14 He did not deny that it did15 come from Sidecar. He said he understood16 that it did come from Sidecar, but he was17 not to police his customers.18 And so, I asked him, I said,19 Well, listen, you know, this seems to be20 a real, real problem, and there needs to21 be a way that this can be remedied22 because what you're doing here, you're23 looking to take up both sides of the24 block. You're looking to take up 22nd25 45 6/3/09 COMMITTEE ON STREETS & SERVICES1 Street, you're looking to take up2 Christian Street.3 And I don't see how you can4 reward anyone at this point for the5 violations that he has incurred. I am6 completely in opposition to him outside,7 with the outside dining.8 COUNCILMAN DiCICCO: Thank you.9 I -- this -- for some reason, this is not10 working (referring to timer), but I'll...11
It happens.12 COUNCILMAN DiCICCO: But I'll13 try and figure it out.14 In relationship to the problems15 with the cigarette butts and all of that,16 when was that?17
Actually, it18 happened --19 COUNCILMAN DiCICCO:20 Approximately.21
Say it again.22 COUNCILMAN DiCICCO:23 Approximately when did you experience24 that problem?25 46 6/3/09 COMMITTEE ON STREETS & SERVICES1
Actually, kind2 of -- it has a -- it has different3 elements and different periods that it4 does happen.5 COUNCILMAN DiCICCO: Do you6 believe that since that time when he was7 made -- when Mr. Ritter was made aware of8 it that he tried to address that issue?9
I haven't -- I10 haven't noticed -- I haven't noticed any11 modification.12 COUNCILMAN DiCICCO: You're13 still seeing the cigarette butts?14
I still see that.15 Even the Budweiser beer bottles. When I16 brought this to Mr. Ritter's attention, I17 believe, if my memory serves me correct,18 Mr. Chairman, he said he that he didn't19 serve Budweiser.20 But the real point of it is21 this --22 COUNCILMAN DiCICCO: I can23 understand that. I live well -- well,24 never mind. Go ahead.25 47 6/3/09 COMMITTEE ON STREETS & SERVICES1
But the real point2 is this, Mr. Chairman and members of the3 committee here: For him to seek to try4 to use both sides, Christian Street and5 22nd Street, this is really, really has6 been and will create a deeper burden to7 what we've already have been experiencing8 for the last four years. I mean, last9 three years or four years, however long10 he owned the properties.11 COUNCILMAN DiCICCO: Thank you.12 Any questions of this witness?13
Thank you,18 Mr. Chairman.19 You made a mention in the20 earlier part of your testimony that you21 live on Christian Street.22
And how24 close are you to the bar?25 48 6/3/09 COMMITTEE ON STREETS & SERVICES1
And you made7 mention that the people that may support8 this project don't live on that block?9 No one on that block?10
Most -- 95 percent11 of the people that support the Sidecar12 live not on 22nd and Christian Street13 ajoint [sic] to the property close to14 Sidecar. Most of the people that support15 this are people that live two, three,16 four, maybe five blocks; and, in some17 cases, they may live on the 2100 block of18 Christian Street or the 2400 block of19 Christian Street.20 But it doesn't affect them at21 all. They have no hardship on this at22 all. So it's very easy for them to, you23 know, clap and be in great support of it,24 because it doesn't affect them. There's25 49 6/3/09 COMMITTEE ON STREETS & SERVICES1 no burden to them at all.2 When they finish having their3 good time, they can go home, they can4 relax, and the people that is ajoint to5 the property has to wait until 2 o'clock6 a.m., 2 o'clock a.m., for an opportunity7 for their peace and their rest and their8 tranquility.9 This is not right. This --10 this -- there's no reason for this to be11 the case.12
But in the16 prior bar's operation, did you have a17 similar problem?18
No. Actually, let19 me tell you --20 (Laughter.)21 COUNCILMAN DiCICCO: Just,22 please, everyone. Be respectful, please.23 Thank you.24
The situation with25 50 6/3/09 COMMITTEE ON STREETS & SERVICES1 Victor was this. This was there their2 problem.3 Victor's was a bar where a lot4 of people went inside, acted the way they5 acted. You had some that would come6 outside and, you know, have their little7 cigarette butts or whatever, but it would8 stay at the corner of 22nd and Christian9 Streets.10 Where I live, at 2207, sir, has11 never, ever -- under Victor's, I never,12 ever had a problem with drug13 paraphernalia, I never, ever had any14 alcohol bottles, I never had any problem15 with Victor as opposed to any drug16 paraphernalia problems. I've never had17 that; that's never been its case.18
My other19 question would be: Have you offered or20 have you engaged in dialogue with the21 owner? He made mention that he was22 willing to communicate.23
Was there a25 51 6/3/09 COMMITTEE ON STREETS & SERVICES1 compromise?2
I did. I said to3 him, Listen, a couple of things. I said,4 you know, you have some other options5 here, and we need to look at what the6 other options are, I said, but you cannot7 bully the whole block of 22nd and8 Christian Street because it's popular.9 It may be popular, but it doesn't mean10 that it's morally right to disturb the11 people close by.12 We're not dealing with13 popularity; we're dealing with people14 that are reasonable people that need an15 opportunity to rest.16
Actually, I told19 him, I said, Here's what I think you20 should do. I did mention this to him. I21 say, most of the time, if you're going to22 be for the outside dining, I said,23 listen, why don't you just use 22nd24 Street side as opposed to trying to use25 52 6/3/09 COMMITTEE ON STREETS & SERVICES1 Christian Street side.2 And, you know, he kind of -- he3 didn't say anything off the bat. He, you4 know, kind of said, Well, you know, we're5 looking at our options. And he wasn't6 that really, really engaging about it at7 that particular time. I felt a little8 edge to his voice.9 And so, I said, you know what?10 Maybe this is not the best way to do this11 at this particular time. But I did tell12 him, I said, Listen, I'm willing to13 support something that you're doing. And14 he said, Well, I'm not asking you for15 your support. And I said, Well, that's16 unfortunate.17 But basically the compromise18 that I thought that had potential, it19 didn't merit into anything positive.20
So where are21 you on the recommendation of the Planning22 Commission's staff to do two tables on23 the Christian Street side?24
I certainly think25 53 6/3/09 COMMITTEE ON STREETS & SERVICES1 that -- that -- I am opposed to that2 because that is not something that we3 should have to be burdened with any4 further.5 First of all, the way the6 Sidecar has been operating, you would7 have to walk in the street to even go8 past --9 (Laughter.)10
-- because both11 sides of the pavement they have been12 using. And in some cases, some of the13 guests that there come and dine, they14 have their little dogs attached to the15 bottom of the chairs. And, you know,16 they may have, you know, some other17 personal things. It's a very, very18 uninviting scenario. It's not a19 comfortable scenario.20 But, you know, there may be a21 way to modify it. But certainly, 22nd22 and Christian Street wouldn't be the way23 to modify it.24
Thank you,25 54 6/3/09 COMMITTEE ON STREETS & SERVICES1 Mr. Chairman.2 COUNCILMAN DiCICCO:3 Councilwoman Miller.4
Do you mind7 letting me speak now?8 COUNCILMAN DiCICCO: We're9 coming to you. These are questions for10 this witness.11
Well --12 COUNCILMAN DiCICCO: And we'll13 just let the panel finish.14 Okay, ma'am. Please identify15 yourself and proceed with your testimony.16
I am Sarah Burton,17 a committee person for that area.18 I've been called -- and many19 times, I've been had arthritis and I20 couldn't come. But today, God gave me21 that energy to come, because I know this22 has gotten out of hand, because who23 should be considered would be those24 people that live on Christian Street that25 55 6/3/09 COMMITTEE ON STREETS & SERVICES1 has to get up in the morning and go to2 work but the noise and everything.3 I live on 22nd and Catherine.4 I (indiscernible) the fellow who lived5 next to me, I can't sleep in my little6 bedroom because his bedroom is onto mine7 and I can't watch my TV at night because8 the noise wakes him.9 So if he can't respect the10 people, I don't think he should have11 nothing on 22nd and Christian Street12 because (indiscernible) said he does.13 He's disrespecting those people. That's14 why I'm here.15 And the things -- I don't know16 of all those people he brought over here,17 but they're not the people who live in18 that area. You can bet your life on19 that.20 (Audience jeers.)21 COUNCILMAN DiCICCO: Please,22 please, please, please.23 (Addressing Mr. Hayes.) Yes,24 sir? Are you through? I'm sorry.25 56 6/3/09 COMMITTEE ON STREETS & SERVICES1
I'm finished.2 COUNCILMAN DiCICCO: No, no, I3 know you are.4 Ma'am, are you finished with5 your testimony?6
Because I just9 want it over and I just want them to give10 respect --11 COUNCILMAN DiCICCO: I guess12 you're not through.13
(Indiscernible.)16 That's why I'm here.17 COUNCILMAN DiCICCO: Okay,18 understood.19
I cannot stand a20 lot of this.21 COUNCILMAN DiCICCO: Okay,22 understood.23 The gentleman next to you,24 please. Thank you.25 57 6/3/09 COMMITTEE ON STREETS & SERVICES1
Hi. Thank you.2 My name is John Popp, and I3 live at 1918 Christian Street, which is4 about two blocks from the Sidecar.5 I support the bill or the6 resolution, or whatever it is, for the7 following reason: I've lived in the8 neighborhood for some time. I have a9 young child who's 14 months old. So one10 of the great things about sidewalk11 seating in general, and particularly in12 Sidecar, is that it's family-friendly for13 me.14 I don't want to take my --15 (Applause.)16
I live in a city,17 and I enjoy the amenities that a city18 has, but to bring a young child into the19 inside of a noisy, although mercifully20 smoke-free, bar is a little too much to21 bear.22 But being on the sidewalk,23 which I find actually quite inviting is a24 wonderful option for me. And I think25 58 6/3/09 COMMITTEE ON STREETS & SERVICES1 that for anybody who is a family person2 and particularly has young children, it's3 something that's very sensible to4 support.5
I have a6 question, Frank.7 COUNCILMAN DiCICCO: Councilman8 Greenlee.9
Thank10 you, Mr. Chairman.11 Quickly to the first two12 witnesses. You heard the testimony or13 the reading of the letter from the Police14 Department saying they've received no15 complaints. Have either of you, or do16 you know residents who have actually17 called the police because of noise and18 any other kind of disturbance on the19 block.20
Well, actually,21 yes, yes. I have called the police, and22 there's a few others that will testify23 they have.24 For whatever reason, for25 59 6/3/09 COMMITTEE ON STREETS & SERVICES1 whatever reason, Councilman Green [sic],2 it's not been registered as of when. I3 don't know when it was registered. Maybe4 at the time they had a written a letter5 there. I don't know. He -- you know, it6 wasn't registered.7 But it has been -- it has been8 registered because that's one of the9 reasons how L&I got involved to it at10 this point. So it has been registered11 that there has been several complaints12 against the Sidecar Bar.13
It --14 when you say that's how L&I got involved,15 what do you mean? I'm sorry.16
Let me go back to17 my testimony. On May the 6th, when18 Mr. Ritter was told by the chairman of19 the Zoning Board --20
Right, to not use23 the outside dining, otherwise he would be24 in violation, because he didn't have a25 60 6/3/09 COMMITTEE ON STREETS & SERVICES1 certification.2
At the same time,4 we were also instructed that if and when5 that occurs, then there's two people that6 should be made aware. One is obviously7 9-1-1 and the other is L&I.8
And do12 have idea, living closely, did you13 notice, did the police ever come by that14 you noticed to that site?15
I didn't see them24 designated, Councilman Green [sic], at25 61 6/3/09 COMMITTEE ON STREETS & SERVICES1 the Sidecar.2
It's3 Greenlee, by the way. Don't blame me for4 Bill Green.5 (Laughter.)6
Okay, I'm sorry7 Mr. Greenlee, I'm sorry.8 But I've seen police cars in9 the area there. I don't know exactly,10 you know, whether or not they ever went11 over to the Sidecar owner or not.12
All15 right, okay. I gotcha. Okay, thank you.16 Thank you, sir.17 COUNCILMAN DiCICCO:18 Councilwoman Miller.19
I just23 wanted to say I used to work at 21st and24 Christian.25 62 6/3/09 COMMITTEE ON STREETS & SERVICES1
And I3 worked at 21st and Christian for nine4 years.5
I've been10 here 15 years, so it's been a while since11 I was in that area every day.12
And every14 now and then, I go in that area, just15 driving through.16
So I18 certainly don't know -- and we have had19 other hearings in this City Council20 regarding issues in that neighborhood,21 and I know the neighborhood has changed.22 And I'm familiar -- a little23 bit familiar with the old bar; I was a24 block away. I used to get out and really25 63 6/3/09 COMMITTEE ON STREETS & SERVICES1 knew a lot of neighbors and a lot of the2 people in that neighborhood, and I know3 the neighborhood has changed.4 But one thing that I want to5 ask questions is, how long have you lived6 on that block?7
I lived on the8 block since 1985. It's been in my family9 since the early '50s.10
Okay. So11 who lived on there prior, your12 grandmother?13
Okay. So16 it's not a matter of making a choice. It17 was a bar when you moved there and it was18 a bar, I guess, when your grandma lived19 there.20
And22 things have changed, and now it's outside23 seating.24
I don't see how9 these people at 21st and Christian can10 tell you so much, and they don't live by11 that bar.12
And neither do I,15 but I'm a committee person, and they wake16 me up and harassing me.17
But the thing I'm19 in here for, he going to respect those20 people.21
To get it, you24 give it.25 65 6/3/09 COMMITTEE ON STREETS & SERVICES1
Right.2 That's one of my concerns.3 You know, you gentlemen you4 talked about family-friendly. People5 live on that block. You know, they have6 a right to go to bed, they have a right7 not to have noise, and we all have that.8 And I think when bars are in9 neighborhoods, then those are the kinds10 of things we have to consider -- opening11 and closing times, outside activities.12 It's different when you're on a13 commercial strip.14 Sure, plenty of businesses here15 in Center City have outside cafés,16 businesses in my district too, but most17 'em are all on business strips. When18 we're in a neighborhood, we have to be19 real careful about noise level and other20 activities.21 When I worked at 21st and22 Christian, certainly that bar, whatever23 it was called, was open and active, but I24 was in there mostly 9 to 5 and out. And,25 66 6/3/09 COMMITTEE ON STREETS & SERVICES1 you know, some days, two or three days a2 week, we were open until 11 and 7.3 We were actually a4 family-planning clinic. And I know that5 prior to us it was Upsher's (sp?) Funeral6 Home. And I'm sure if you lived in the7 neighborhood long enough, you'd know that8 too.9 However, we got to be careful.10 I think we do have to make some11 concessions with time. That's important.12 I have long days, really long work days13 sometimes. When I come home, I'm in the14 bed by 9 many nights, or 9:30, and15 absolutely no later than 10. And I don't16 want to hear music. If my next-door17 neighbor is playing music, I knock on the18 door. I'm tired.19 And I think we have to respect20 the needs of neighbors. Whatever we do21 has to, to me, be neighborhood-friendly22 if you're in a residential community.23 And that's what that bar is in.24 I know 22nd Street is mostly25 67 6/3/09 COMMITTEE ON STREETS & SERVICES1 businesses. And, as I said, I haven't2 worked there, in that area, in years.3 So I need to make those4 comments. You made a choice to live5 there. At the time, outside seating6 wasn't popular. You know, we had a7 little bit here and a little bit there,8 but now everybody wants to do outside9 seating.10 And when you do it and it's in11 a area where people live and get up in12 the morning and go to work, then we have13 to respect that and respect their needs,14 okay?15 COUNCILMAN DiCICCO: Thank you.16 We got 30 more people, so we17 have to -- I just want to, for the18 record, Mr. Hayes, a quick glance through19 one of the petitions that have been20 submitted, there are over 30 people who21 reside on the 2200 block of Christian22 Streets who signed a petition in favor.23 (Applause.)24 COUNCILMAN DiCICCO: We really25 68 6/3/09 COMMITTEE ON STREETS & SERVICES1 need to move on.2
Well, let me3 just -- can I add, Mr. Chairman? For the4 record --5 COUNCILMAN DiCICCO: Thirty6 seconds.7
I'm sorry. For the8 record, you need to know those people9 that signed the petition is still not10 ajoint to the property; they're in the11 middle of the block, close to 23rd12 Street.13 COUNCILMAN DiCICCO: I14 understand that not everyone can live15 next to a property, but it is the block.16 I live directly across the17 street from a restaurant with an outdoor18 café. It was at my insistence that they19 did the outdoor café, it was one of the20 best improvements to my community.21 (Applause.)22 COUNCILMAN DiCICCO: We really23 need to move on. There are 30 more24 witnesses.25 69 6/3/09 COMMITTEE ON STREETS & SERVICES1
No?5 COUNCILMAN DiCICCO: Thank you.6 I think you made your point. Thank you.7 The next group of witnesses are8 Madeline Shikomba, and I apologize if I'm9 not pronouncing it right, Kim Sanjgsuh,10 and Minnie Carty.11 (Witnesses come forward.)12 COUNCILMAN DiCICCO: Good13 afternoon, ladies. Decide among14 yourselves who is going to go first, and15 please identify yourself for the record16 and proceed with your testimony.17
I'm Minnie Carty.18 I want to give honor to the City Council,19 and I want to -- I live at 2203 Christian20 Street, right next door to the bar.21 COUNCILMAN DiCICCO: Right.22
I want to say that23 Mr. whatever his name is --24 COUNCILMAN DiCICCO: Ritter.25 70 6/3/09 COMMITTEE ON STREETS & SERVICES1
Ritter, he had2 mentioned about when I complained about3 the bicycles they hooked on my fence, and4 he immediately had them taken? No, it5 wasn't like that.6 I had to call the cops I don't7 know how many times about them. And they8 came out. They might not put a record on9 there that they come to my house. They10 came out, and I stood -- or I had to be11 there to -- after I called the cops, I12 had to be there to tell them what was13 going on.14 And he did not move them right15 away. He's telling you that. He's16 looking for the good side of his side.17 (Indiscernible.) Sometimes my18 granddaughter come in and she says, "Mom"19 -- I said, "Whitney, don't have nothing20 to do with it." I said, "You tell me21 when the bikes is on the fence," I said,22 "because I don't want them to have no23 offense against you. You tell me, and24 I'll take care of it 'cause it's my25 71 6/3/09 COMMITTEE ON STREETS & SERVICES1 house."2 And so, she said --3 many-a-times, she come in and said,4 "Grandmom, the bikes is on the fence."5 I have laid down to go to sleep6 --7 COUNCILMAN DiCICCO: Is it --8
-- and I have to9 wake up and call the police to get 'em10 off my fence.11 COUNCILMAN DiCICCO: Has he12 installed the bike racks?13
He installed the14 bike racks on that side, where the tree15 is, by the tree, yes.16 COUNCILMAN DiCICCO: Are they17 still using your fence to attach bikes18 to?19
Well, I raised so20 much cane that they had stopped.21 COUNCILMAN DiCICCO: Mission22 accomplished, okay.23
All right, but the24 --25 72 6/3/09 COMMITTEE ON STREETS & SERVICES1 COUNCILMAN DiCICCO: They're no2 longer doing that, all right?3
Well, I figure4 'cause I had asked the cops, I said, Am I5 allowed -- they're on my fence. Am I6 allowed to cut them off of my fence with7 a clipper? He said no.8 Two lady cops came out, and I9 had -- they gave me their card. And they10 said (indiscernible). They gave me their11 card (indiscernible) at that district.12 And they gave me a card and they said13 that they were allowed to cut them off of14 my fence.15 And they ran to look for, what16 do they call 'em, cutters? But they17 didn't have any them with 'em at that18 time, and by the time they came out, they19 were gone.20 I want to say one time, I21 had -- when I went to the bar to tell 'em22 about that, I rang the bell, I knocked on23 the door, and I asked somebody, did they24 know anyone indoors whose bikes --25 73 6/3/09 COMMITTEE ON STREETS & SERVICES1 somebody call the cops. Do they know2 anybody in there whose bikes these are?3 And they said -- all of 'em said no.4 They pick up for one another. No, they5 didn't know whose it was.6 And so, what happened one time,7 they had some bikes on my fence. I went8 to the door. He has a buzzer on there9 for handicapped people. I went to the10 door, the bar door, and rang the buzzer.11 He came out. Bah-bah-bah-12 bah-bah (indiscernible). Nasty, he got13 nasty with me and hasn't spoken to me.14 He's friendly with people but he ain't15 spoken to me since. I'm sure around this16 time, I guess, he's a little friendly,17 but --18 (Timer bell rings.)19 (Cheers.)20 (Applause.)21 COUNCILMAN DiCICCO: Please,22 please, let's be respectful. Thank you.23
Well, I told him.24 I said, I can't -- I can't -- I mean,25 74 6/3/09 COMMITTEE ON STREETS & SERVICES1 it's a noise.2 And on top of that, we have to3 go through the dogs. And then they put4 the chair right up close to my fence. My5 fence is broken. He had the man working6 the building, the thing fell down off the7 front of it and it broke. It's not good.8 COUNCILMAN DiCICCO: Okay.9
It's not good.10 COUNCILMAN DiCICCO: Okay,11 next.12 Oh, Councilman Jones?13
Okay, there was a17 lady in the bar, and I spoke to her. Do18 you know what she had the nerve to tell19 me? I should be glad that they want to20 put their bike on my fence. I mean, who21 the devil does she think she is? I mean,22 that's like a racist remark 'cause I'm23 black and I should be glad that a white24 person put they thing on my fence. Come25 75 6/3/09 COMMITTEE ON STREETS & SERVICES1 on now. It's different day now.2 COUNCILMAN DiCICCO: Next lady3 over. Whoever. Ma'am? Yes, please.4
My name is5 Sanjgsuh Kim. I live 2200 Christian6 Street.7 COUNCILMAN DiCICCO: Can you8 pull the microphone closer to you.9