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Minutes

Committee Hearing, December 7, 2004

Philadelphia City Council Committee HearingsDec 7, 2004

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

m. - - - BILL 040851 - An Ordinance permitting three traffic lanes on Walnut Street, between 40th Street and Cobbs Creek Parkway, and requiring that the lane markers on Walnut Street be changed to reflect this change. BILL 040852 - An Ordinance authorizing and directing the installation of traffic control devices at the intersection of Lombard Street and Sixth Street. BILL 040853 - An Ordinance amending Section 9-204 of The Philadelphia Code relating to sidewalk vendors in Center City, to prohibit propulsion of growers' and producers' stands by internal combustion engine at farmers' markets, all under certain terms and conditions. BILL 040866 - An Ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting vending within an area bounded by 65th Street, Eastwick Avenue, Lindbergh Boulevard, 70th Street, Holstein Avenue, Bartram Avenue, 86th Street, the city boundary and Elmwood Avenue, on both sides. BILL 040867 - An Ordinance establishing a one-way regulation on Guilford Street, from Sackett Street to Hawthorne Street, northbound. 2670 2 BILL 040875 - An Ordinance amending Section 2 of an Ordinance (Bill 030347) approved July 31, 2003, entitled"an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 4 238, by striking from the City Plan and vacating Salter Street from Third Street to Orianna Street and by reserving and placing on the City Plan a right-of-way for gas main purposes and public utility purposes within the lines of Salter Street being stricken from the City Plan and vacated under authority of this Ordinance, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein. BILL 040905 - An Ordinance amending Section 2 of an Ordinance (Bill No. 020252) approved May 29, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 13-S, by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street and Leithgow Street from Wharton Street to Titan Street; by revising the lines and grades of Reese Street from Reed Street to Wharton Street and Titan Street from Fifth Street to Fourth Street; by placing on the City Plan Earp Street from Fifth Street to relocated Leithgow Street; by striking from the City Plan and vacating certain portions of Earp Street from Fourth Street to Fifth Street; by revising the lines and grades of Lawrence and Leithgow Streets from Reed Street to former Earp Street, all under certain terms and conditions, including the dedication free and clear of all encumbrances the beds of the proposed Earp Street not previously dedicated and the unopened portions of Reese Street, Lawrence Street and Leithgow Street," by extending the period for compliance with the authorization conditions therein. 3 BILL 040917 - An Ordinance amending Section 2 of an Ordinance (Bill No. 020430), approved November 13, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 312, by striking from the City Plan and vacating the legally open portions of Jackson Street from Pearson Street to Aubrey Street, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein. BILL 040918 - An Ordinance amending Section 2 of an Ordinance (Bill No. 010713) approved April 17, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 194, by striking from the City Plan and vacating Bodine Street from Diamond Street to Susquehanna Avenue, under certain terms and conditions," by extending the time for compliance with the conditions stated therein. BILL 040919 - An Ordinance amending Section 4 of an Ordinance (Bill No.

010381) approved June 14, 2001, entitled "An Ordinance authorizing Edward Flippen, owner of the property located at 5651 Lansdowne Avenue, Philadelphia, PA 19131, to construct, use and maintain a one (1) story building addition on and over the east footway of Fifty-seventh Street adjacent to the property 5651 Lansdowne Avenue, all under certain terms and conditions," as amended, by extending the period for compliance with the authorization conditions therein. BILL 040920 - An Ordinance amending Title 12 of The Philadelphia Code entitled "Traffic Code" by enacting a new Chapter of The Philadelphia Code, entitled "Prohibition Against Motor Vehicle Cruising," to prohibit motor vehicle cruising in an area bounded by Lombard Street on the north, Front Street on the east, Bainbridge Street on the south, and Eleventh Street on the west; all under certain terms and conditions. , its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park, within existing conduit, or to attach facilities to existing PECO Energy and Verizon utility poles of other entities holding a grant pursuant to other City ordinances, subject to such owner of the conduit or utility poles consent; all under certain terms and conditions. BILL 040934 - An Ordinance authorizing John Captis, 1407 Melrose Avenue, Sharon Hill, PA 19079, owner of the property 2601 S. Carroll Street, Philadelphia, PA 19142, his successors and assigns, to construct and maintain a garage extension, under certain terms and conditions. , its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park, within existing conduit, or to attach facilities to existing PECO Energy and Verizon utility poles of other entities holding a grant pursuant to other City ordinances, subject to such owner of the conduit or utility poles consent; all under certain terms and conditions. BILL 040939 - An Ordinance authorizing the installation of all-way stop signs at the intersection of Franklin Town Boulevard and Woods Street. BILL 040964 - An Ordinance authorizing Simon Associates, owner of the property 315 South 45th Street, to construct a privately owned electrical transformer vault on the north footway of Pine Street adjacent to the property, under certain terms and conditions. 5 BILL 040965 - An Ordinance authorizing Children's Hospital of Philadelphia to construct, own and maintain various encroachments to be installed in conjunction with roadway improvements/streetscape project in the vicinity of South 34th Street and Civic Center Boulevard, under certain terms and conditions. , Philadelphia Refinery to install an aluminum post with siren, related equipment and an aerial electrical service on a traffic island bordered by South 56th Street, Lindbergh Boulevard and Elmwood Avenue, under certain terms and conditions. BILL 040967 - An Ordinance authorizing John & Danielle Alexander, 2237 Kimball Street, Philadelphia, PA 19146, their successors and assigns, to construct and maintain a building addition on South 22nd Street, under certain terms and conditions. BILL 040968 - An Ordinance authorizing Pennsylvania Hospital of the University of Pennsylvania Health System, 800 Spruce Street, Philadelphia, PA 19107, its successors and assigns, to construct, own and maintain a ductbank beneath Delancey Street to provide service connections from their building (723 Delancey Street) to their parking garage (317 S. 8th Street), under certain terms and conditions. BILL 040969 - An Ordinance regulating the direction of movement of traffic on Philip Street, from Gaskill Street to Lombard Street, southbound.

, owner and developer for the Liberty Court at Society Hill, to construct, own and maintain various encroachments to be installed in conjunction with a residential development and streetscape project, under certain terms and conditions. 6 BILL 040971 - An Ordinance regulating the direction of movement of traffic on Gaskill Street, from Third Street to Philip Street, westbound. BILL 040997 - An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 222 in the vicinity of Hunting Park Avenue and Frankford Avenue, under certain terms and conditions. BILL 041002 - An Ordinance amending Title of 8 The Philadelphia Code, entitled "Traffic Code," by adding a new Chapter regulating the use and 9 operation of Electric Personal Assistive Mobility Devices and by making conforming amendments to 10 other sections of the Title, under certain terms and conditions. 11 BILL 041003 - An Ordinance authorizing Vesuvio 12 Restaurant & Bar, 736-38 South 8th Street, Philadelphia PA 19147, to construct, own and maintain building encroachments consisting of a vestibule, rigid frame canopy, masonry fence wall and an open-air sidewalk cafe located on the southwest corner of South 8th and Fitzwater Streets, under certain terms and conditions. BILL 041004 - An Ordinance amending Section 9-204 of The Philadelphia Code by prohibiting vending on both sides of 12th Street, from Chancellor Street to Walnut Street and codifying an Ordinance (Bill 18 No. 1205-AA) approved January 3, 1992, as amended, designating, pursuant to subsection 9-204(8)(a) of The Philadelphia Code, the blockfaces in Center City upon which sidewalk vendors shall be permitted, and the number of sidewalk vendor licenses that may be issued for each such blockface. BILL 041006 - An Ordinance regulating the direction of movement of traffic on Morse Street, from Uber Street to 19th Street, eastbound. 7 BILL 041007 - An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 121 within an area bounded by Jefferson Street, Twentieth Street, Oxford Street and Nineteenth Street, by striking from the City Plan and vacating Opal Street from Jefferson Street to Oxford Street and Garnet Street from Jefferson Street to Oxford Street; by placing on the City Plan Uber Street from Jefferson Street to Oxford Street, all under certain terms and conditions. PRESENT: COUNCILMAN FRANK DI CICCO, Chair COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN MICHAEL A. NUTTER COUNCILMAN JUAN F. RAMOS COUNCILMAN FRANK RIZZO 8 Streets & Services - 12/7/04 - - - P R O C E E D I N G S - - - COUNCILMAN DiCICCO: Good morning. Much apologies for the delay. There was a briefing by the Mayor's staff on the second floor. Many of my colleagues and myself actually were down there earlier. So, we do apologize and appreciate your patience. This begins the public hearing on the Committee of Streets and Services. In attendance to my right are Councilman Darrell Clarke, to my left Councilman David Cohen and Council member Rizzo, to my left. Your right my left. And myself, the Chair of the Committee, Councilman DiCicco. The clerk will read the title of the first Bill.

The Clerk

Let me start. Excuse me. The following bills are being held at request of sponsors: Bill Number 040852, Bill Number 040920, Bill Number 040997, and Bill 041002. Those bills are being held. 9 Streets & Services - 12/7/04 Okay. The Clerk will read the title of the first bill.

The Clerk

Bill Number 040853, an Ordinance amending Section 9-204 of The Philadelphia Code relating to sidewalk vendors in Center City, to prohibit propulsion of growers' and producers' stands by internal combustion engine at farmers' markets, all under certain terms and conditions. COUNCILMAN DiCICCO: Good morning, Mr. Haigler. Please identify yourself for the record and proceed with your testimony.

Mr. Haigler

Good day, Councilman DiCicco and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses & Inspections. Today I'm here to provide testimony on Bill 040853, which if enacted will prohibit self-propelled internal combustion engines on stands located at a farmer's market. The Department of Licenses and 10 Streets & Services - 12/7/04 Inspections offers no objections to enactment of this Bill and is prepared to enforce its provisions, should it pass in Council and if signed into law by the Mayor. Thank you. I'll be happy to answer any questions at this time. COUNCILMAN DiCICCO: Good morning. Anyone have any questions? Councilman Rizzo?

Councilman Rizzo

Mr. Haigler?

Mr. Haigler

Yes, sir.

Councilman Rizzo

Obviously, these folks need these little homelite, little small little generators. Is that what we're talking about?

Mr. Haigler

No. I believe what we're talking about is self-propelled internal compulsion engines for movement, to move the stands.

Councilman Rizzo

To move them.

Mr. Haigler

To move the stands.

Councilman Rizzo

Okay. I thought we were talking about generating electricity. No. Okay. 11 Streets & Services - 12/7/04 COUNCILMAN DiCICCO: Any other questions from the Committee? Councilman Clarke.

Councilman Clarke

I just want to clarify. Well, part of the agreement on this particular proposal, this is the farmer's market down at Rittenhouse Square?

Mr. Haigler

Yes, sir.

Councilman Clarke

Yes. It was an issue with respects to having vendors on Rittenhouse Square Park, and they wanted to ensure that there were no self-propelled, i.e., trucks or any other types of vendors on that particular location. So, reference to that language self-propelled, meaning there can't be any motor vehicles that are vending on the Rittenhouse Square Park.

Councilman Rizzo

This isn't like sometimes you see them, they have a little generator next to them?

Mr. Haigler

No. No. 24

Councilman Rizzo

To give them power? Which isn't a good idea anyway. 12 Streets & Services - 12/7/04

Councilman Clarke

Right. No. 3 This is just for prohibiting uses for trucks, motor scooters, carts because they didn't want that in the park.

Councilman Rizzo

Thanks, Darrell.

Councilman Clarke

Welcome. COUNCILMAN DiCICCO: Anyone else here to wishes to testify on this Bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill 040866, an Ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting vending within an area bounded by 65th Street, Eastwick Avenue, Lindbergh Boulevard, 70th Street, Holstein Avenue, Bartram Avenue, 86th Street, the city boundary and Elmwood Avenue, on both sides. COUNCILMAN DiCICCO: Good morning, Mr. Haigler.

Mr. Haigler

Good day, Councilman DiCicco, and members of the Committee. 13 Streets & Services - 12/7/04 I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses & Inspections. Today I'm here to provide testimony on Bill 040866 which, if enacted, will prohibit sidewalk sales within the boundary area designated in the Bill. The Department of Licenses & Inspections offers no objections to enactment of this Bill, and is prepared to enforce its provisions should it pass in Council and is signed into law by the Mayor. Thank you and I'll be happy to answer any questions at this time. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? Councilwoman Blackwell, who is not on this Committee, is here in attendance. Anyone else have any questions? (No response.) COUNCILMAN DiCICCO: Seeing none, the Clerk will read the title of the next Bill. Are there any other witnesses? I 14 Streets & Services - 12/7/04 did ask, didn't I? Yes. Sorry. COUNCILMAN DiCICCO: Good morning. Please identify yourself for the record and proceed with your testimony.

Ms. Powell

Good morning, Council. My name is Maggie Powell. I'm the Executive Director of the Eastwick Project Area Committee. And I'm here to reinforce what was just said by L & I. The United States Postal Service will be relocating their processing and distribution center to 7100-7500 Lindbergh Boulevard. With this relocation will come 3800 employees, most of whom will be using their personal vehicles. Also, there will be 460 diesel-powered tractor-trailer trucks. There is no need for vendors in this area. This facility will have an employee dining room, with numerous eateries in the area. Directly across the street is a large residential area, with homes valued at 15 Streets & Services - 12/7/04 over $150,000. These are young families with young children. Often vendors of any type bring excessive traffic, smells, debris, noise, and undesirable characters into a residential community. Our community has already been inundated with various odors, pollutions, environmental toxins, noise, noise and more noise. This facility will run continuously for 24/7, without ceasing. The community is in for a great shock to their peace and quietness. All of this will affect their quality of life. Due to homeland security, trucks carrying supplies can be used as decoys, et cetera. Banning [sic] residential community with a facility of this size being open is enough shock. Please do not subject us to any other unnecessary headaches. The beauty of our community rests with your decision on these vendors. I thank 16 Streets & Services - 12/7/04 you.

Mr. Beverly

My name is Tyrone Beverly. I'm a resident on Lindbergh Boulevard. I introduced this to the fact with reference to not having the vendors there. One of the major concerns is, is that we have... All the businesses in that area came in front of our community and our community group and asked for new locations, in reference to the Post Office coming. As a result of that, we have new restaurants coming in. We have restaurants across the street. We have Staples. We have a lot of outside businesses. I think to the City's interest, as well as the community, I think it would be undepending [sic] a business that is already established, and having somebody vend out on the curve and kill the businesses that are existing and just asked to come into the community. I think it would be counterproductive to the businesses that are coming in. 17 Streets & Services - 12/7/04 As a result of that, we're asking that in our community that we have an influx of many businesses coming in, that we will not have any type of outside vending going on in Lindbergh. I will repeat what Miss Powell said. We do have residents across the street -- and I am one of them -- that we will be impacted upon. I work for Amtrack at 30th Street, and I know what's going on out in front that Post Office at this time. So we're asking that you will consider not giving any vending licenses to our residents out on Lindbergh. COUNCILMAN DiCICCO: Thank you. Any questions or comments for these witnesses? (No response.) COUNCILMAN DiCICCO: Thank you. Thank both of you. Anyone else here wishes to testify for or against this Bill? (No response.) 18 Streets & Services - 12/7/04 COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill 041004, an Ordinance amending Section 9-204 of The Philadelphia Code by prohibiting vending on both sides of 12th Street, from Chancellor Street to Walnut Street and codifying an Ordinance (Bill No. 1205-AA) approved January 3, 1992, as amended, designating, pursuant to subsection 9-204(8)(a) of The Philadelphia Code, the blockfaces in Center City upon which sidewalk vendors shall be permitted, and the number of sidewalk vendor licenses that may be issued for each such blockface. COUNCILMAN DiCICCO: Good morning, Mr. Haigler, again.

Mr. Haigler

Good morning. Good day, Councilman DiCicco and members of the Committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses & Inspections. Today I'm here to provide testimony on Bill 041004 which, if enacted, will 19 Streets & Services - 12/7/04 prohibit sidewalk sales on both sides of 12th Street between Chancellor and Walnut Streets, and also codify the remaining locations where sidewalk sales is permitted in Center City. The Department of Licenses and Inspections offers no objections to the enactment of this Bill, and is prepared to enforce its provisions should it pass in Council and if signed into law by the Mayor. Thank you. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Please come forward and testify.

Mr. Ballka

Mr. DiCicco, members of the Committee, my name is Jerry Balka, and I'm here on behalf of the United Vendors of Philadelphia, a trade organization encompassing most of the Center City vendors and a number of vendors outside of the Center City area. Mr. DiCicco, as I understand this Bill, it does two things; one, as was stated, 20 Streets & Services - 12/7/04 it bars the one vendor working on the west side of 12th Street at the corner of Walnut between Walnut and Chancellor... it bars him from working any more. That's been a vending location since the get-go when the Center City vending bill 8 was first enacted. I don't know any good reason why this man should be put out of work. The second thing this bill does, from what I'm able to see, is it restates and reduces the number of Center City vending locations. When the Center City vending ordinance was first passed, Mr. DiCicco -- And that goes back into the '90s. And I and a number of other people worked on it diligently -- we reduced the number of vendors to be able to work in Center City to 300. You've now reduced that to, I think, about 279. There's a process, Mr. DiCicco, that the original bill created a Vendor Advisory Board, to advise both L & I and Council and 21 Streets & Services - 12/7/04 all other interested parties, on the best way of dealing with the whole Center City vending, what were the best locations for everyone concerned. No one has been consulted on the Vendor Advisory Board. No 7 one in the vendor community has been consulted. And Mr. DiCicco, I ask you to hold this bill and let all of the people who are vitally involved in what's going on with this meet, work with you, work with L & I, and get a up-to-date vending location bill. COUNCILMAN DiCICCO: I have no 15 problem working with that, being a Council person who represents Center City, as my colleague to my right, Councilman Clarke, maybe it is time that we sit down and revisit this whole vending issue, as it applies in particular to Center City. The Advisory Board... Do they meet?

Mr. Balka

At the present time they have not met, no, because... COUNCILMAN DiCICCO: Who are they?

Mr. Balka

I know Paul Tolas is a 22 Streets & Services - 12/7/04 member. I know there's a representative from the Chamber of Commerce who is a member. All the members were appointed, I believe, by the Mayor and/or the head of City Council, President of City Council. COUNCILMAN DiCICCO: Were they appointed by this Mayor or Mayor Rendell?

Mr. Balka

No, I don't think so. I think -- COUNCILMAN DiCICCO: And the reason I say that is, I've been here for nine years, and I've been Chairing the Streets and Service Committee for all those nine years. And I don't recall ever being approached by any member or members of that board. And I'm not criticizing. I'm just saying that if you didn't bring it up, I probably would have not even remembered that there was a board. And that's not good for any of us. That's not a good thing.

Mr. Balka

Mr. DiCicco, I... COUNCILMAN DiCICCO: And you and I -- 23 Streets & Services - 12/7/04

Mr. Balka

-- authors of the original bill, so... COUNCILMAN DiCICCO: Well, you and I have had some serious go-arounds on a number of issues.

Mr. Balka

Right. COUNCILMAN DiCICCO: And even then, I don't recall the issue of the Advisory Board being discussed. I've, for the benefit of my colleague, Councilman Cohen, for, I guess, the last four years have held the bills that would remove some of the vendors in Center City for quite some time. And I've lived up to my commitment, if they followed the rules they wouldn't hear from me. And although they do bend the rules quite often... I'm sure Mr. Haigler and others from L & I could attest to that... I've been rather patient, especially the vendors on 11th Street between Market and Chestnut. Some days I go out there, I think I'm lost and I'm on 9th and Washington 24 Streets & Services - 12/7/04 Avenue. But that's beside the point, I guess. I'm not prepared to hold this bill, but what I would suggest is that maybe you meet with Mr. Haigler, and there may be a suitable location close to the 12th and Walnut site that might be able to be considered. I don't know if that's accurate or not, Mr. Haigler. But do we have any alternative sites nearby?

Mr. Haigler

There are alternative sites. As referenced in the Bill itself, there are 30 alternate sites that can be given to a vendor who might be displaced. And that's subject to our Business Regulatory Enforcement Unit. They're in control of that list and the designation of those sites to another vendor.

Mr. Balka

There are also sites that are currently not being occupied.

Mr. Haigler

That's correct.

Mr. Balka

Other than those on the alternate list, where we could shift this 25 Streets & Services - 12/7/04 man, but -- COUNCILMAN DiCICCO: I'd be more than willing to entertain those.

Mr. Balka

But we need your imprimatur to get that done. COUNCILMAN DiCICCO: I gave you my word four years ago, and as I did Councilman Cohen, that I would not move on those Bills, that we were going to remove the vendors on 11th Street, and I've lived up to that.

Mr. Balka

Now, as far as -- And I appreciate that. Absolutely that's what you've done. And you said it, and you did it. COUNCILMAN DiCICCO: You have my word. Work with Mr. Haigler and see if we can find a suitable relocation site.

Mr. Balka

But now we're talking about a revision of the whole Center City location situation. And that takes more than just the two of us. COUNCILMAN DiCICCO: I'd be more than willing. And I invite all the members of this Board, and I think my colleague, Streets & Services - 12/7/04 Councilman Clarke, would want to engage in that because he has similar issues on the west side of Broad in Center City as well.

Mr. Balka

And that's why I think either the L & I people or a representative from the Mayor's Office, from Council, from the vendor community, from the Chamber of Commerce, the same people that did this originally, let's sit down and see how it's worked. COUNCILMAN DiCICCO: Well, we're here. We're offering our assistance and our input. You could help us by getting the other people together, and let's meet and discuss.

Mr. Balka

And that's why I had respectfully suggested that you hold this Bill pending that process. COUNCILMAN DiCICCO: Very good. Any questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against this Bill? 27 Streets & Services - 12/7/04 (No response.) COUNCILMAN DiCICCO: Thank you. Thank you for your testimony. Clerk will read the tile of the next Bill.

The Clerk

Bill 040851, an Ordinance permitting three traffic lanes on Walnut Street, between 40th Street and Cobbs Creek Parkway, and requiring that the lane markers on Walnut Street be changed to reflect this change. COUNCILMAN DiCICCO: Good morning, Mr. Denny.

Mr. Denny

Mr. Chairman, members of the Committee, thank you for the opportunity to appear before you today. My name is Charles Denny, and I am Assistant Chief Traffic Engineer for the Department of Streets. I am here to offer testimony on Bill 22 040851. The Streets Department had complaints about speeding and aggressive driving on Walnut Street. The Streets Department, as a 28 Streets & Services - 12/7/04 result -- COUNCILMAN DiCICCO: Mr. Denny, excuse me. Would you peek more directly into the microphone?

Mr. Denny

Yes. The Streets Department had complaints about speeding and aggressive driving on Walnut Street. Streets Department as a result had a consultant conduct a study of Walnut Street to determine the lane configuration. The study determined that only three lanes of traffic were necessary only in the p.m. peak hours from 4:00 p.m. to 6:00 p.m. They also determined that only two lanes of travel were required for the remaining 17 hours. 18 As part of a PennDOT resurfacing on 19 Walnut Street, the new lane pattern was 20 established. 21 During the initial three months of 22 this new pattern, there was confusion on the part of drivers traveling west on Walnut Street and parking on Walnut Street. The Department in December of 2003 29 Streets & Services - 12/7/04 installed signs to help identify the operation. Based on observations by the staff, we observed better compliance by motorists driving and parking on Walnut Street. The Department has done an analysis of traffic crashes to determine the effect on safety. We evaluated the crashes for a one-year period before the change, and compared them to a one-year period after the change. Our comparison period was for the first three months of the change, and then the next nine months after we posted the additional signs. Below is a chart something that analysis. From October and December of 2002 compared to October-December 2003, crashes went from 122 to 123. And then in the second nine-month periods, January to September 2003 and January 2004 to September 2004, crashes went from 327 down to 298. As you can see the, during the 30 Streets & Services - 12/7/04 initial period of adjustments, the motorists, there was no basic change in crashes. However, in the next nine months crashes reduced from 327 to 298 or nine percent reduction in crashes. The reasons for going from three lanes in the off peak to two was to fight aggressive driving. The crash reduction indicates that we are being successful in that endeavor. We do need a longer period of time to fully evaluate the change of the effect, two years being optimum. However, based on the initial results, we should not go back to a less safe condition. Based on our above analysis, the Streets Department has objections to this Bill. We are willing to do further analysis after one and a half and two-year periods and when we report back to Councilman Blackwell after those times. We've also met with Councilwoman Blackwell's office yesterday. And they 31 Streets & Services - 12/7/04 indicated there was some additional concerns on parallel streets that they wanted us to look at, so we will also be looking at those. I thank you for the opportunity to appear today. And if you have any questions, I'd be glad to answer them. COUNCILMAN DiCICCO: Councilman Rizzo.

Councilman Rizzo

Mr. Denny, I'm going to take advantage of this particular issue to bring up an issue and I've seen personally and also has been reported to me. An example. You're talking about the resurfacing project. In the northwest, in Roxborough, on Ridge Avenue, they've done a resurfacing job there. I don't know whether the City did it or PennDOT. But part of that was to restrike the roadway. I have to tell you, at night, rainy, it's very helpful. But it is so overdone. It is really... There's paint everywhere, there's hash marks, there's bicycle lanes. It looks like... I can't even describe what it looks like. It must be 32 Streets & Services - 12/7/04 maximum presentation that an engineer could come up with. I mean, is there a point where there's too much? Is there a point where -- Is there some requirement -- Do you know where I'm talking about?

Mr. Denny

I know the stretch of roadway you're talking about.

Councilman Rizzo

You come down there, it looks like an airport runway. It's got so many lines and hash marks. The bus... It's just to me, and people that live up there, overdone. Is there some way we can balance this, to be safe and not to the extreme?

Mr. Denny

Are we talking about the section south of Port Royal or north of Port Royal?

Councilman Rizzo

We're talking about the section south of Port Royal.

Mr. Denny

Well, we did south of Port Royal. Edge lines were taken all the way down, in order to reduce crashes between through traffic and parked vehicles. And we 33 Streets & Services - 12/7/04 also marked bus stops, to keep cars from parking in the bus stops so the buses can get in and out more easily.

Councilman Rizzo

Lot of lines, lot of paint, right?

Mr. Denny

It's plastic markings, yes. Lot of lines.

Councilman Rizzo

Well, it's quite busy. And the people that live in the community -- And the reason I'm bringing it up now is because that, for me, is a signal that that's the way you're going to be going in the rest of the City with this just maxed out lineage throughout the -- throughout the City. So, I just would suggest that you move forward cautiously, and not be junking up the neighborhoods with all of these lines that are maybe unnecessary. Maybe they are necessary; maybe they're not. But I think it looks bad in some of our communities.

Mr. Denny

We generally won't be putting a lot of lines down on the local residents of streets, but on the state 34 Streets & Services - 12/7/04 highways, which Ridge Avenue is, we'll be putting the center lines and the edge lines down.

Councilman Rizzo

Well, there's more than edge lines. There's where the roadway narrows, it's all striped out. I'll talk to you later about it.

Mr. Denny

Okay. COUNCILMAN DiCICCO: Thank you. Let the record reflect that Councilman Nutter, who is a member of this Committee, is now in attendance. Councilwoman Blackwell, do you have a question or comment?

Councilwoman Blackwell

Thank you very much, Mr. Chairman, and we thank you for the opportunity to speak before this hearing. We're very concerned about the traffic on Walnut Street. Not only do we have double lines there which we understand can be corrected, but the issue of from approximately 40th Street to 63rd Street, which also affect the S.E.P.T.A. project which is another issue, are all affected by 35 Streets & Services - 12/7/04 them redrawing lines. Where we had three lanes on Walnut Street, we have two and a half. And two and a half doesn't work. We have the cars and trucks that park on the sidewalk on the right side because you can't ride down the second lane with a half a lane on your right side. So, people have had their windows torn off. And I'm one -- I don't know when we're going to end up with lawsuits because in order to protect your vehicle, people park half on the sidewalk, all the way up. And so, we are requesting if the Chair and the Committee would consider it, that we hold up any action on this. The Streets Department has agreed to do a further survey, at least insofar as how it affects the S.E.P.T.A. project. And we believe that -- We talked about this on the last two budgets. We believe we're absolutely correct on this. You can't go from three lanes to two and a half. 36 Streets & Services - 12/7/04 You got to have three lanes or you got to have a bike path and two lanes which you doggone sure can't have two-and-a-half. And so, we would ask if the Chair and the Committee would consider holding this and then rescheduling it after sometime next year, so that we may further review the matter. COUNCILMAN DiCICCO: Thank you, Councilwoman.

Councilwoman Blackwell

Thank you so much. COUNCILMAN DiCICCO: Left the record reflect that Bill Number 040851 will be held, at the request of the sponsor.

Councilwoman Blackwell

Thank you. Anyone else here wishes to testify on this Bill?

Councilman Cohen

I wanted to ask Mr. Denny. COUNCILMAN DiCICCO: Councilman.

Councilman Cohen

Mr. Denny, could you state clearly, without reading your report, what the issue is on Walnut Street, 37 Streets & Services - 12/7/04 as you see it. I had great difficulty following your reading.

Mr. Denny

Walnut Street was striped with three lanes in the off peak hour, and two parking lanes on either side. They were narrow lanes. Vehicles traveling west in the three lanes were able to drive because of the lanes rather aggressively, travel -- Drivers were switching from the right lane, all the over to the third lane, and then back again, to get in front of the queue, as the queue was moving down the street, with the progression of signals. We felt that sort of aggressive driving was leading to crashes, so we were looking for a way to reduce the lanes and reduce that option and to get wider lanes. So, we did an analysis. The analysis showed that we could have two lanes in the off peak hours, and we only needed three lanes in the p.m. peak hours. So, we instituted prepared plans and sent them to PennDOT, so when PennDOT resurfaced the 38 Streets & Services - 12/7/04 street, they put down a new lane pattern. One of the problems is that initially the right lane was wider when it was marked temporarily as a 14-foot lane. We reduced that to a 12-foot lane. Some of the vehicles who parked on the street were parking with both wheels on the sidewalk and not in the street, making the right lane which is just a parking lane off peak, wider and allowing aggressive drivers to use that lane. What's happened since in some of the sections, although not all the sections, people are parking with all four wheels in the street. It doesn't leave enough room for the aggressive drivers to use the third lane as a travel lane, and things are calmer. But there are places where there still... have the scars... Some of the cars are being parked up on the sidewalk where there's not a lot of parking on that street, and a lot of aggressive drivers are using that lane. So we analyzed the crashes in the 39 Streets & Services - 12/7/04 nine months after this, starting with January through September of this year. And there was a reduction of nine percent. But we've also had complaints that we've had effect on other streets. So we're going to take a look at the wider area and see what's going on, and take a more in-depth looking at what's taking place along Walnut Street.

Councilman Cohen

When you say you're going to take a look, who do you refer to?

Mr. Denny

The streets --

Councilman Cohen

PennDOT or the Streets Department?

Mr. Denny

The Streets Department, the Traffic Engineering Division.

Councilman Cohen

And was it the Streets Department that made the study? You mentioned something about PennDOT, when they came back, did the painting.

Mr. Denny

PennDOT -- Walnut Street is a state highway. PennDOT resurfaced the street. At that time we took the opportunity 40 Streets & Services - 12/7/04 to put in new stripings. The City had a consultant do a capacity analysis along Walnut Street, to determine whether or not we could change the lane patterns from what we had to the current pattern. And they determined, based on the volumes and operation, it could be.

Councilman Cohen

Were there any differences between PennDOT's view and the Streets Department view, as to what should be done? COUNCILMAN DiCICCO: Did they have any recommendation?

Mr. Denny

No. PennDOT did not have a recommendation. They generally take our recommendations and implement them in this particular type of case. COUNCILMAN DiCICCO: Okay. Yes. That's interesting because usually the excuse is, we can't do it because the state doesn't permit it. Thank you.

Councilman Nutter

Depends on what day and what argument. COUNCILMAN DiCICCO: What day it is. 41 Streets & Services - 12/7/04

Councilman Cohen

Why was this block chosen, 12th and Walnut? COUNCILMAN DiCICCO: 40th Street all the way up to...

Councilman Nutter

63rd.

Councilman Cohen

All right. I'll withdraw that question. COUNCILMAN DiCICCO: I just have one quick question. Do you not have a similar problem on Chestnut Street? Isn't that still three lanes?

Mr. Denny

Yes. And we did do a study, but PennDOT is not resurfacing the street for a while. COUNCILMAN DiCICCO: PennDOT is what?

Mr. Denny

PennDOT resurfaced the street a few years ago, so we were going to wait until the resurfacing came along, and also see how conditions worked on Walnut Street before we made a change to Chestnut. COUNCILMAN DiCICCO: What's the correlation between resurfacing and adding or reducing lanes? 42 Streets & Services - 12/7/04

Mr. Denny

It removes all the markings. COUNCILMAN DiCICCO: Well...

Mr. Denny

It just provides an opportunity... We usually, when a street's resurfaced, we analyze the markings to determine if we want to change the pattern that's there. COUNCILMAN DiCICCO: I was wondering about the crosswalks in my district. They're not ready for resurfacing. Seriously, traffic patterns have to be similar. I mean, I haven't been up there for a while, but there was a time I used Walnut and Chestnut Street two three times a month. And I was just curious why. And really the reason is because it hasn't been resurfaced?

Mr. Denny

Well, when a street comes up for resurfacing, we analyze the markings. We analyzed both Chestnut and Walnut Street. But Walnut Street was being resurfaced, so we did Walnut Street first. We could see how Walnut Street worked, and 43 Streets & Services - 12/7/04 make a determination whether to change it sooner or to wait until it's resurfaced a second time, another time. COUNCILMAN DiCICCO: Interesting. Councilman Nutter and then Councilman Rizzo.

Councilman Nutter

Thank you, Mr. Chairman. Mr. Denny, let me say first that I support Councilwoman Blackwell's concern, with regard to what has happened here and the impact that it has for both neighbors and motorists. For a little less than half of my life I lived in the south side of West Philadelphia. That's where I was born and raised. So I spent a fair amount of time on Walnut Street and Chestnut Street. I still do today, although not as much, obviously, because of the Market Street project and other reasons. I end up on both of those streets. I think that the change in the lane designations from three to two, 44 Streets & Services - 12/7/04 two-and-a-half, depending on how much of your car you can get in that far right lane, is possibly one of the worst changes in traffic patterns on any major street that I've seen in all my time, both as a pedestrian and certainly as a motorist. It creates a certain sense of havoc out there. Cars are half parked. Where they would normally park, you have half a lane, as the Councilwoman laid out. And Councilman DiCicco is absolutely correct. It is not only Walnut Street but also Chestnut Street well. In addition, on Chestnut Street in the University City area around 36th so or 38th, going east, you have some of the most bizarre markings I've ever seen, that seem to channel the traffic over to the left, creating these dead zones over in the right. I've yet to figure out what that's about. So, I support the Councilwoman in her perspective, and anything that she wants to do to get it back to a normal situation. I don't know why, after all these 45 Streets & Services - 12/7/04 years, there was a need to make any of these kinds of changes. And there are other traffic-related issues out there. I'm sure there are other ways of dealing with it. But it is tremendously confusing to the regular motorist and makes no sense whatsoever. So, I just wanted to make my position clear on it. Thank you. Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you, Councilman. Councilman Rizzo.

Councilman Rizzo

Mr. Denny, since we are out in West Philadelphia, I have to point out another area, since we are all throwing these things at you today. I've never seen such a bad situation, and I'll refer to it as J.F.K. and Market, with the traffic -- sign says J.F.K. Boulevard, where it dead ends at Market Street.

Councilman Rizzo

There's a left 46 Streets & Services - 12/7/04 turn lane there. Everyone uses that left turn lane to go right, to go west on Market Street. It's really a bad situation out there. Are you familiar with what I'm talking about?

Councilman Rizzo

What's the problem there? COUNCILMAN DiCICCO: Well, you have meters.

Mr. Denny

Under state law you're only allowed to make a right turn from the right lane, unless it's signed or marked otherwise. Since we have a pedestrian crosswalk on the west crosswalk of J.F.K. and Market to cross from the north side to the south side, we can't allow a double turn, unless we do something special there with the signals. Having two sets of vehicles turn double over a crosswalk creates an additional hazard to the pedestrians crossing.

Councilman Rizzo

They're doing it anyway. So, why don't we legitimize it and 47 Streets & Services - 12/7/04 make it a safer intersection, rather than knowing that we've got people -- There's no 4 enforcement. I've checked on that. And you've got a very bad situation. And there's a perfect example. We know something's a problem. Why don't we fix it? Could you handle that?

Mr. Denny

We can take a look at it.

Councilman Rizzo

Please. I sent an e-mail over to Mr. Traynor, and I haven't heard back from him. COUNCILMAN DiCICCO: Thank you. Any other questions for this witness? (No response.) COUNCILMAN DiCICCO: Is there anyone else here who wishes to testify for or against this Bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill 040867, an 48 Streets & Services - 12/7/04 Ordinance establishing a one-way regulation on Guilford Street, from Sackett Street to Hawthorne Street, northbound.

Mr. Denny

Good morning again, Mr. Chairman and members of the Committee. And thank you again for the opportunity to appear before you today. My names is Charles Denny. I am the Assistant Chief Traffic Engineer for the Department of Streets. I'm here to offer testimony on Bill 13 040867. The Streets Department has no 14 objection to this Bill. The street was made one way westbound under trial ordinance. The one-way signs are in place on Guilford Street. Thank you for the opportunity to appear before you today. I will be happy to answer any questions you have at this time. COUNCILMAN DiCICCO: Any questions? Councilman Cohen.

Councilman Cohen

What studies were made in support of this finding by the Streets Department? 49 Streets & Services - 12/7/04 COUNCILMAN DiCICCO: What studies were made in support of this finding by the Streets Department?

Mr. Denny

I'm not sure. Before or after?

Councilman Cohen

Well, before. Was there a complaint? Who made the complaint? Was it individuals or was it initiated by the Streets Department? What kind of study did they make? And what's the reason for it?

Mr. Denny

We received a request from Councilwoman Krajewski. We looked at the location, determined it could be made one way without any problems. We did so under a trial. And we've had no objections from the neighbors concerning the one way.

Councilman Cohen

And that's pretty much the whole story.

Mr. Denny

Well, this is a minor street. And in most cases on minor streets, generally when you make them one way, they work unless -- And if they don't, you get an 50 Streets & Services - 12/7/04 uproar from the neighborhood very quickly. So if you make that change and you don't get an uproar, there's generally no problem.

Councilman Cohen

Okay. Thank you very much. COUNCILMAN DiCICCO: Thank you. Any other questions for this witness? (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next bill.

The Clerk

Bill 040939, an Ordinance authorizing the installation of all-way stop signs at the intersection of Franklin Town Boulevard and Woods Street.

Mr. Denny

Mr. Chairman and members of the Committee, thank you again for the opportunity to appear before you today. My names is Charles Denny. I am the Assistant Chief Traffic Engineer for the 51 Streets & Services - 12/7/04 Department of Streets. I'm here to offer testimony on Bill 040939. The Streets Department has warned [sic] in all-way stop control at this intersection, based on state and federal guidelines. The all-way stop control is posted. Thank you for the opportunity to appear before you today. I will be happy to answer any questions. COUNCILMAN DiCICCO: Councilman Clarke.

Councilman Clarke

Thank you, Mr. Chairman. Mr. Chairman, we put this ordinance 17 in at a time when the original request was made. Bill's co-sponsored by Councilman Cohen and myself, based on some concerns of some residents in the Fountains, a seasoned citizens facility. And now, are you saying that the postings have been placed?

Councilman Clarke

All the signs? 52 Streets & Services - 12/7/04 What about the walkways. Relined the street yet?

Mr. Denny

The crosswalks?

Councilman Clarke

Yeah.

Mr. Denny

Work order has been issued to mark the crosswalks, but it will time take for the Highway Division to get there and mark it.

Councilman Clarke

How long?

Mr. Denny

I don't know. But I'll ask them and see if they can push it up.

Councilman Clarke

Can you find that out, please? Because the residents have waited for some time. COUNCILMAN DiCICCO: Thank you. Any other questions? (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify on this Bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read title of the next Bill.

The Clerk

Bill Number 040969, an Ordinance regulating the direction of 53 Streets & Services - 12/7/04 movement of traffic on Philip Street, from Gaskill Street to Lombard Street, southbound.

Mr. Denny

Mr. Chairman, members of the Committee, thank you again for the opportunity to appear before you today. I'm here to offer testimony on Bill 8 040969. The Streets Department has no 9 objections to this Bill. The street can be posted when the street is constructed. Thank you for the opportunity to appear before you today. I'd be happy to answer any questions you have at this time. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill Number 040971, an Ordinance regulating the direction of movement of traffic on Gaskill Street, from 54 Streets & Services - 12/7/04 Third Street to Philip Street, westbound.

Mr. Denny

Mr. Chairman, members of the Committee, thank you again for the opportunity to appear before you today. I'm here to offer testimony on Bill 7 Number 040971. The Streets Department has no 8 objections to this Bill. The street can be posted when the street is constructed. Thank you again for the opportunity to appear before you today, and I'll be happy to answer any questions. COUNCILMAN DiCICCO: Any questions for this witness? (No response.) COUNCILMAN DiCICCO: Anyone else here wish to testify for or against this Bill? Attorney probably left. Thank you. Clerk will read the title of the next bill.

The Clerk

Bill Number 041006, an Ordinance regulating the direction of movement of traffic on Morse Street, from Uber Street to 19th Street, eastbound.

Mr. Denny

Mr. Chairman and members 55 Streets & Services - 12/7/04 of the Committee, I thank you for the opportunity to appear before you today. I'm here to offer testimony on Bill Number 041006. The Streets Department has no 7 objections to this Bill. We are posting this under a trial ordinance. We can have the signs posted within four weeks. Thank you again for the opportunity to appear before you today. I'll be happy to answer any questions. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? Good morning, ma'am.

Ms. Kane

Morning. COUNCILMAN DiCICCO: If you wish to testify, please identify yourself for the record and proceed with your testimony.

Ms. Kane

My name is Carolyn Kane. COUNCILMAN DiCICCO: Just pull that microphone a little bit closer. Thank you.

Ms. Kane

My name is Carolyn Kane. I'm a resident on Moore Street. 56 Streets & Services - 12/7/04 He has approved our bill, so I would just like to thank the Councilman. COUNCILMAN DiCICCO: No complaint.

Ms. Kane

Thank you. COUNCILMAN DiCICCO: Merry Christmas.

Ms. Kane

I can't stay. COUNCILMAN DiCICCO: Happy holiday.

Ms. Kane

Happy holiday. COUNCILMAN DiCICCO: Thank you. Any other person wish to testify on this Bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill Number 040875, an Ordinance amending Section 2 of an Ordinance 20 (Bill 030347) approved July 31, 2003, entitled"an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 238, by striking from the City Plan and vacating Salter Street from Third Street to Orianna Street and by reserving and 57 Streets & Services - 12/7/04 placing on the City Plan a right-of-way for gas main purposes and public utility purposes within the lines of Salter Street being stricken from the City Plan and vacated under authority of this Ordinance, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein. COUNCILMAN DiCICCO: Good morning.

Mr. Zeitz

Good morning, Mr. Chairman, and members of the Committee. My name is Mark Zeitz, Acting Survey Bureau Manager, the Department of Streets. The Department of Streets would like to offer the following testimony on Bill 17 Number 040875. This is not an administration ordinance, but an ordinance requested by Mr. Larry Wind of Harwin Homes, 511 West Chester Pike, Havertown, PA 19083. The purpose of this ordinance is to extend the time period to strike and vacate Salter Street from the City Plan, to facilitate the development of 28 new 58 Streets & Services - 12/7/04 townhouse style condominiums. This ordinance is supported by the Department of Streets, and is recommended to your Committee for favorable action.

Mr. Soffer

Good morning, Mr. Chairman and members of the Streets and Services Committee. My name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and the vacating of an unneeded minor street, located in the Queens Village section of South Philadelphia. The purpose of this ordinance is to allow Harwin Homes Developers to eliminate vehicle access along the six foot wide existing street and permit the construction of 28 dwelling units. The Planning Commission approved this development plan, with the understanding that when Salter Street was to be stricken from the City Plan, a redesigned pedestrian 59 Streets & Services - 12/7/04 walkway would be reviewed and approved by the City Planning Commission staff. Therefore, with this understanding, the Planning Commission recommends that Bill 6 Number 040875 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for this witness? Councilman Cohen.

Councilman Cohen

Mr. Soffer, is there any property that is not owned by the developer going to be involved in this pedestrian sidewalk?

Mr. Soffer

Not at all. The developer owns both sides of the street, and it is being eliminated because of the --

Councilman Cohen

I'm sorry. I didn't get that at all.

Mr. Soffer

The developers own both sides --

Councilman Cohen

The developers own property as of now?

Mr. Soffer

That's correct, on both sides of the street, the length of that 60 Streets & Services - 12/7/04 street.

Councilman Cohen

No, I don't mean just on both sides. I mean where the pedestrian driveway's going to go for sidewalk. Who owns that property right now?

Mr. Soffer

That is going to be privately owned, with public utilities underneath. The utilities will be public.

Councilman Cohen

But it is privately owned by the developer?

Mr. Soffer

That's correct, by action of this Bill.

Councilman Cohen

By what?

Mr. Soffer

By the formal action of this Bill.

Councilman Cohen

I'm not getting that.

Mr. Soffer

All right. It's a six-foot existing street from -- It's an 18th Century street. It will not accommodate automobiles. It bisects this development site. And by eliminating of the street, the six foot wide street, it would allow for 61 Streets & Services - 12/7/04 an orderly development of the site, and make it attractive by having this back alley -- It literally looks like a back alley.

Councilman Cohen

I understand that. What I don't understand is whether the developers having additional land made available to him that he did not possess before.

Councilman Cohen

And if so, how is it valued, and is he paying for it?

Mr. Soffer

This is going from an access right-of-way to a limited utility right-of-way. And part of this is to take the six foot wide street, make it for pedestrian only, to make it attractive. But it doesn't increase accountability for zoning or within the lot size. It's a limited right-of-way for utility purposes only at this point.

Councilman Cohen

What do you mean "at this point"? I can't follow it. I'm concerned to make sure that the 62 Streets & Services - 12/7/04 City gets payment for whatever land which the developer now does not own, of which he would own as a result of acquiring this pedestrian...

Mr. Soffer

The developer would not own this land. This is going to be changed from a six foot wide street which now has vehicle access which can -- this is not wide enough to accommodate automobiles -- to a right-of-way for utility purposes which will remain in control of the City of Philadelphia.

Councilman Cohen

Well, is the developer developing new rights with respect to this land?

Mr. Soffer

No. No, sir. COUNCILMAN DiCICCO: No. And the utilities are not just -- and correct me if I'm wrong -- not just for the purpose of this housing development. There are other either existing properties or businesses that will have been and will continue to benefit by these utilities. So these utilities, this right-of-way is not specific to the 63 Streets & Services - 12/7/04 development of this site.

Mr. Soffer

That is correct. These utilities have been there since the 1890's. COUNCILMAN DiCICCO: Councilman Rizzo.

Councilman Rizzo

But I think what I'm hearing is that it enhances this project by gaining that street for a pedestrian right-of-way. You take vehicle traffic off the street. You do whatever you do. You put grass over it or whatever they're going to be allowed to do. To me, it makes this community more desirable, but there should be some cost associated with... The developer is going to probably receive some benefit from this, financial benefit, because now he's got a pedestrian right-of-way, no vehicular traffic, obviously utilities: Water, cable, telephone, everything buried. But I can see now a sodded area which, when you pick up -- when you pick up land costs you something. 64 Streets & Services - 12/7/04 If you ask for a wider lot when you're building a house, you're not going to get it for the same price that you would if you were buying a standard size lot. So, I think that there is certainly some compensation due the City for the improvement of this development. COUNCILMAN DiCICCO: Let me comment on that, if I may. This issue came up. This issue came up once before with Councilman Cohen on another striking of the street in my district not too long ago. I think this is probably an issue that is worth a discussion at another time and place. Maybe this Committee can engage in it maybe with the Economic Development Committee. The danger here is -- And I understand the perception is that we are giving land to developers who will increase their profit margin, and that the City is giving up something and we're not being compensated for it. Now, that is not always the case. 65 Streets & Services - 12/7/04 And I think the danger here is that if you have any involvement or have seen development, the cost of doing business and developing the City of Philadelphia is already one of the highest in the country. If you start imposing or requiring developers to pay for some of these improvements, which may benefit their project, I'm fearful that it will just be another reason why developers will not look to do things in the City of Philadelphia. I'm not trying to start a debate here about that. I'm just telling you what I know the nine years I've been here, watching as much development as I've seen take place in my district, which probably far exceeds all the other ones, maybe even combined with all the other nine. And knowing what developers need to go through in dealing with community issues, L & I, permitting, environmental, et cetera, et cetera, et cetera. And we're experiencing a residential development boom in this City. There are a 66 Streets & Services - 12/7/04 lot of reasons why. One is the interest rates are still low. The other reason is the fact that we have the ten-year tax abatement. But I can tell you that at any given moment interest rates begin to change and start going upward, even with the ten-year tax abatement, you may start to see that slowing. So, again, I'm not trying to create a debate here. I just want to express some of my concerns, because what you're saying, Councilman Rizzo with what Councilman Cohen says has some validity. But I really think it's a topic for a discussion. And maybe there are ways in which we can decide on what types of give-a-ways, if you will, that we've been traditionally doing. There may be some compensation going forward. But the fact of the matter is, if you look at this particular development which I'm very, very familiar with, which is adjacent to I-95... I was an inspector, actually, on I-95 back in the late '60s and 67 Streets & Services - 12/7/04 early '70s, and that was the section of highway I was involved with. This site where this housing development is actually under construction today was a mish-mash of vacant land, abandoned warehouses, and a chicken slaughterhouse.

Councilman Rizzo

So, for me, I think that the benefit to the City far outweighs any -- Even if we're not getting compensated, which we're not in this case, developing the land, putting market rate housing, although it's high end market rate housing I will admit, and creating a tax revenue stream by way of the real estate tax and all the other things, certainly we're being compensated in one fashion. So I'm just kind of like looking at the glass being half full or half empty. And again, I know I'm being long winded, but I just get a little nervous when we talk about charging developers. The hookup fees and all are at the expense of the developer. We no longer -- and I think it was 68 Streets & Services - 12/7/04 many years ago -- I don't know how many -- was a time when developers -- the City would provide for sidewalks and curbing and other infrastructure -- work pro bono to the developer. We don't do that any longer, except in public housing developments. But for market rate housing, that is a cost that is to the developer. So they're really not getting it for free. There are certain things that may benefit the project. And in some cases it's just what needs to be done to continue to provide the infrastructure: Sewer systems, gas systems, whatever, to not only the new project, but to the projects that are adjacent to them. So, I think it's something we might want to talk about going forward.

Councilman Cohen

I just think it may well be that in a given project, with what Councilman DiCicco says is fully applicable. But what has happened, I think, is 69 Streets & Services - 12/7/04 the City gets in the habit of not evaluating but just giving stuff away free. And I think that's a bad policy. Each project ought to be separately evaluated. And it ought to be given away free only if it's absolutely essential for the development of a project that's clearly in the interests of the City, rather than make it available where the developers can easily afford it or where the project itself doesn't deserve that kind of extra attention. And that's the reason I raise it. My understanding has been that the City for a long time has just been including this in every package. And that's the wrong way for the City to work. COUNCILMAN DiCICCO: Marty, I didn't mean to interrupt you. I think you had a comment. I apologize.

Mr. Soffer

We want to make a comment and add another comment on a specific site.

Mr. Zeitz

Specific on the site --

Councilman Cohen

I agree with the 70 Streets & Services - 12/7/04 Chairman. We don't have to decide that today. COUNCILMAN DiCICCO: He has a comment anyway on this specific site which may help.

Mr. Zeitz

Just a general comment is, the City does not own that street and they never have. The City accepts a deed of dedication. And when they determined that we are going to give it back because it's no longer used for vehicular purposes, it's just really reverting back to the ownership. The City does not own any streets, and we're not giving them away. We're just removing the easement. That's strictly what we're doing on any of these streets.

Councilman Cohen

But does that have economic value?

Mr. Zeitz

Well, it has economic value. It also has value to the City, in that it's going to be taking a blighted-out area and turning it into 28 beautiful homes with a lot of tax money and new citizens. It 71 Streets & Services - 12/7/04 works both ways generally. It's good for the developer and good for the City in general.

Councilman Cohen

I yield to Councilman Rizzo.

Councilman Rizzo

But I believe that there's a very easy way to determine the value of so many square feet of land that is in question here. And I hope developers don't come in thinking that this is going to be an automatic, that they buy the piece of land, speculating that what's going to happen here today happens. And I think that maybe going forward that they need to understand that if this enhances the project, if this gives more setback for a house, it's desirable. That house might cost $10,000 more than the one that's on the other side of the project because of the additional setback, my point being, going forward, I think that we could simply calculate -- and we're not talking, in my opinion, big bucks here -- the value of the square footage of what we're 72 Streets & Services - 12/7/04 turning back because it does have a value, in my opinion.

Mr. Zeitz

I agree with you.

Councilman Rizzo

Thank you. COUNCILMAN DiCICCO: Any other questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Any other witnesses who wish to testify for or against this Bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next bill.

The Clerk

Bill 040905, an Ordinance amending Section 2 of an Ordinance 18 (Bill No. 020252) approved May 29, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 13-S, by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street and Leithgow Street from Wharton Street to Titan Street; by revising the lines and grades of Reese 73 Streets & Services - 12/7/04 Street from Reed Street to Wharton Street and Titan Street from Fifth Street to Fourth Street; by placing on the City Plan Earp Street from Fifth Street to relocated Leithgow Street; by striking from the City Plan and vacating certain portions of Earp Street from Fourth Street to Fifth Street; by revising the lines and grades of Lawrence and Leithgow Streets from Reed Street to former Earp Street, all under certain terms and conditions, including the dedication free and clear of all encumbrances the beds of the proposed Earp Street not previously dedicated and the unopened portions of Reese Street, Lawrence Street and Leithgow Street," by extending the period for compliance with the authorization conditions therein. COUNCILMAN DiCICCO: Any questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify for or against the Bill? (No response.) 74 Streets & Services - 12/7/04 COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill 040917, an Ordinance amending Section 2 of an Ordinance 7 (Bill No. 020430), approved November 13, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 312, by striking from the City Plan and vacating the legally open portions of Jackson Street from Pearson Street to Aubrey Street, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein.

Mr. Zeitz

Good morning, Mr. Chairman and members of the Committee. My name is Mark Zeitz, Acting Survey Bureau Manager of the Department of Streets. And the Department of Streets would like to offer the following testimony on Bill 23 Number 040917. This is not an administrative ordinance but an ordinance requested by Mr. Ray Fabrizio, 4452 Aubrey Avenue, 75 Streets & Services - 12/7/04 Philadelphia, PA 19114. The purpose of this ordinance is to extend the time period to legally strike and vacate Jackson Street from the City Plan. This ordinance is supported by the Department of Streets, and is recommended to your Committee for favorable action.

Mr. Soffer

Good morning, Mr. Chairman and members of the Streets and Services Committee. My name is Martin Soffer, City Planner. I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and the vacating of an unneeded paper street, located in the Torresdale Section of Northeast Philadelphia. The purpose of this ordinance is to remove the legal encumbrance of a street that will not be built and permit the consolidation of side yards. The Planning Commission previously recommended approval of the street action at 76 Streets & Services - 12/7/04 the Streets and Services Committee hearing on October 8, 2002. Therefore, the Planning Commission recommends that Bill Number 040917 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions of these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify for or against the Bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill 040918, an Ordinance amending Section 2 of an Ordinance 21 (Bill No. 010713) approved April 17, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 194, by striking from the City Plan and vacating Bodine Street from Diamond 77 Streets & Services - 12/7/04 Street to Susquehanna Avenue, under certain terms and conditions," by extending the time for compliance with the conditions stated therein. COUNCILMAN DiCICCO: Please proceed.

Mr. Zeitz

Good morning, Mr. Chairman and members of the Committee. My name is Mark Zeitz, Acting Survey Bureau Manager, the Department of Streets. And the Department of Streets would like to offer the following testimony on Bill 13 Number 040918. This is not an administrative ordinance, but an ordinance requested by Mr. Paul Deegan, PIDC, 2600 Centre Square West, 1500 Market Street, Philadelphia, PA 19102. The purpose of this ordinance is to extend the time period to legally close Bodine Street, to expand an existing industrial building within the Empowerment Zone. Section 2 of the Bill has to be amended to read by April 17, 2005. This ordinance is supported by the Department of Streets and is recommended to your Committee 78 Streets & Services - 12/7/04 for favorable action.

Mr. Soffer

Mr. Chairman, members of the Streets and Services Committee, my name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and the vacating of a minor unneeded street, located in the American Street Enterprise Zone. The purpose of this ordinance is to assemble a parcel of land for the construction of a 50,000 square foot building used for the remanufacture of automotive parts. The Planning Commission, by action of its meeting of January 16, 2002, recommends that Bill Number 040918 be approved. Thank you. COUNCILMAN DiCICCO: Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else 79 Streets & Services - 12/7/04 here wishes to testify for or against the Bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill 041007, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 121 within an area bounded by Jefferson Street, Twentieth Street, Oxford Street and Nineteenth Street, by striking from the City Plan and vacating Opal Street from Jefferson Street to Oxford Street and Garnet Street from Jefferson Street to Oxford Street; by placing on the City Plan Uber Street from Jefferson Street to Oxford Street, all under certain terms and conditions.

Mr. Zeitz

Good morning, Mr. Chairman and members of the Committee. My name is Mark Zeitz, Acting Surveyor Bureau Manager of the Department of Streets. And the Department of Streets would like to offer the following testimony on Bill 80 Streets & Services - 12/7/04 Number 041007. This is not an administration ordinance but an ordinance requested by Ms. Hope Yuzzum, Project Manager, Redevelopment Authority, 1234 Market Street, Philadelphia PA 19107. The purpose of this ordinance is to strike Opal and Garnet Streets from the City Plan, and place Uber Street for the Cecil B. Moore Phase III Development Project. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you.

Mr. Soffer

Mr. Chairman, members of the Streets and Service Committee, my name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and the vacating of two minor unneeded streets, and the placing of one minor street located in the Cecil B. Moore Urban Renewal Area. The purpose of this ordinance is to 81 Streets & Services - 12/7/04 assemble a parcel of land for the construction of 151 new housing units. City Council approved the Cecil B. Moore Redeveloper's Agreement, which specifies this street action in June of 2004. Therefore, the Planning Commission recommends that Bill Number 041007 be approved. Thank you. COUNCILMAN DiCICCO: Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Ma'am, do you wish to testify?

Ms. Robinson

Yes. COUNCILMAN DiCICCO: You guys can stay there.

Councilman Clarke

I have a question, real brief. COUNCILMAN DiCICCO: Councilman Clarke.

Councilman Clarke

Thank you, Mr. Chairman. Mr. Soffer, you mentioned that this 82 Streets & Services - 12/7/04 ordinance was for purposes of creating land assembly, striking a street, for 151 properties. But this particular phase will not be 151. Are you familiar with that? This is a phase development. So I think this portion where the street is going to be stricken is just one part of that development.

Mr. Soffer

Yeah. I think the 151 is the total area of how it was subdivided into phases.

Councilman Clarke

Right.

Mr. Soffer

That is correct.

Councilman Clarke

So this particular --

Mr. Soffer

This is one --

Councilman Clarke

-- street strike will not accommodate 150 units.

Mr. Soffer

This is one piece. That is correct, sir.

Councilman Clarke

All right. I just want it for the record, make sure that people understand we're not trying to cram 150 properties on that one piece of land. 83 Streets & Services - 12/7/04

Mr. Soffer

That's correct, sir.

Councilman Clarke

All right. Thanks.

Ms. Robinson

Good day, ya'll. My name is Judith Robinson, and I'm a concerned citizen of North Philadelphia. And I'm here to testify on Bill Number 041007. I have a complete copy of this Bill. And it's very interesting. I see why community participation per the Charter is so important, even on a little thing like this. This might appear small to most people. But to those of us in North Philadelphia that seem to be kind of overrun by projects -- not like we don't appreciate, believe me, development. We do. But we want to be involved when there is development. And we are clear, real clear, that part of the City Charter, community participation is important that we have notification, Okay, and that we also have input as citizens. And also, Councilman Cohen, I think you asked some very poignant questions about 84 Streets & Services - 12/7/04 cost of land, et cetera. We all know that you do give up something as a community when there is urban renewal. There is also something called neighborhood benefit strategy that's supposed to be in place. So, a lot of times in our neighborhood we give up a lot, and we don't get very much. It's important to have community participation in all phases of development because in this particular block that's going to be eliminated, there were homeowners there. And those homeowners were not given fair market value for their properties, as I have watched the process from RDA to move these people out, anticipating this development. It's documented. From $6,000 for some of them, to $12,000 for others. They were not given fair market value. Now, RDA workers are doing whatever job is necessary to move this process forward. So, their job is just to relocate 85 Streets & Services - 12/7/04 people. I as a citizen would hope that they could do it in a respectful manner. And I know it's the law that citizens should get fair market value when the government takes over their property. I have a copy of a run of that block. I'm a real estate broker, so I'm always very, very detailed about getting information about this. And you know, I'm always concerned about how PHA -- and I know that's not the thrust of this hearing today -- but how PHA and these redevelopment deals are always so convoluted. They're always intermixed. So what I did is a run of this block. And out of -- on Garnet Street in the 1500 block -- out of properties, about 20 half of them are PHA owned properties on this 21 block. 22 And I'm just bringing that up as 23 just an aside issue because I see that so 24 often as we talk about this development, and. 25 NTI and all of this. It's a convoluted land 86 Streets & Services - 12/7/04 deal that moves us forward. So, I want to put this in the record because I'm going to come back to that at another time, because as I look at how these developments move forward, I see that a lot of times our community, the members of our community, are disregarded, in a way that's very disrespectful. And just to digress -- Please bear with me, ya'll. As I tell you about a book called Root Shock. I would recommend that all of you get a copy of this book because it talks about the people and the effects psychologically on the effect of our community as you move forward with all this redevelopment. It's more than just the land, you all. It's about the people, how you move our seniors. I know as a real estate broker moving is a major, major stress to people's lives. , and you would be able to better understand how tearing of City neighborhoods hurts America, and what we can do about it, just as you make your decisions. But as I move forward in closing, I'm concerned about this land development, not to, like I say, take away from development in our community, but because the input from the community and how our seniors are moved and whether they get fair market value comes before you start changing streets around, making two streets into one, as this is what this bill is calling for.

Ms. Robinson

And if you raid the whole Bill, it talks about all of the equipment and all of the things that will be taken out from the street, and et cetera. And never does it tell us who are these people that are coming to develop our neighborhood. It never talks about benefit to us, as you take community people out of our neighborhood and not give them fair market value. So, I guess I'm not here today to so 88 Streets & Services - 12/7/04 much talk about the land and how you all are changing it around, but who is getting the land, why aren't the people that's moving from the land being compensated fairly, and input prior to. This deal is being done with an illegal corporation called the Herb Corporation. It was put into existence without full participation from the community, having 51 percent of a community board, so that way we can respectfully make decisions, have input in our neighborhood. Because we feel like we're overrun with this gentrification process. There was a family, the Harris family, that was moved out of a property recently, over the past 18 months or so. And I want to put this in record, too, just, you know, to add to all of this as to why we scream sometime. This lady was moved out of a PHA house, and it was sold to developers for $15,000, a very affordable amount that she and her family could have purchased. 89 Streets & Services - 12/7/04 So, you know, when you hear us coming in to talk about one little piece of land, know this, you all: It's not just one little piece of land. It's about our citizens not getting fair market value. It's about not having input about the community, and it's about doing it in the way that's in decency and in order. And I respect you all, and thank you for the time. COUNCILMAN DiCICCO: Thank you.

Ms. Robinson

I would like to put this in the record. COUNCILMAN DiCICCO: Thank you. Councilman Clarke.

Councilman Clarke

Thank you. Thank you, Mr. Chairman. Thank you, Miss Robinson for your testimony. Over the many months and weeks that we have discussed this issue, I concur that there are some deficiencies in the process. I will actually be doing something 90 Streets & Services - 12/7/04 this Thursday that hopefully will address a substantial amount of the concerns that have been raised, as it relates to relocation. So, please stay tuned, and hopefully we will be able to discuss the issue after Thursday's ordinance. Thank you. COUNCILMAN DiCICCO: Any other questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify for or against the Bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill 041003, an Ordinance authorizing Vesuvio Restaurant & Bar, 736-38 South 8th Street, Philadelphia PA 19147, to construct, own and maintain building encroachments consisting of a vestibule, rigid frame canopy, masonry fence 91 Streets & Services - 12/7/04 wall and an open-air sidewalk cafe located on the southwest corner of South 8th and Fitzwater Streets, under certain terms and conditions.

Mr. Watts

Good morning, Mr. Chairman and members of the Committee. My name is William Watts. I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill Number 041003. This Bill 12 authorizes Vesuvio Restaurant and Bar, 736 to 38 South Eighth Street, to construct, own and maintain various building encroachments and an open air sidewalk cafe located on the southwest corner of South Eighth and Fitzwater Street, adjacent to the property. The building encroachment consists of a vestibule and a rigid frame entrance canopy on Fitzwater Street, and a masonry fence wall on South Eighth. The sidewalk cafe consists of three tables proposed for the west sidewalk of South Eighth, and four tables proposed for the south sidewalk of Fitzwater Street, which 92 Streets & Services - 12/7/04 will leave eight feet of clear, unobstructed footway. No rails will be used. The Streets Department has reviewed the plans and has no objection to the passage of the Bill. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here wish to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk read the title of the next Bill.

The Clerk

Bill 040966, an Ordinance authorizing Sunoco, Inc., Philadelphia Refinery to install an aluminum post with siren, related equipment and an aerial electrical service on a traffic island bordered by South 56th Street, Lindbergh Boulevard and Elmwood Avenue, under certain terms and conditions.

Mr. Watson

Good morning, Chairman and members of the Committee. My name is 93 Streets & Services - 12/7/04 William Watts, and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill Number 040966. This bill authorizes Sunoco, Incorporated, Philadelphia Refinery, to install an aluminum post with siren, related equipment, and aerial electric service on the traffic island bordered by South 56th, Lindbergh Boulevard and Elmwood Avenue. The encroachment is requested in order to facilitate the installation of a refinery siren warning system. The encroachment consists of a 50-foot high aluminum pole with top-mounted siren, a controller mechanism with battery backup and an aerial electrical service wire connection. The Streets Department has reviewed the construction plan for this project and has no objection to the passage of the Bill. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? (No response.) 94 Streets & Services - 12/7/04 COUNCILMAN DiCICCO: Anyone else here wish to testify? Ma'am, are you testifying on this?

Ms. Powell

Yes. Good morning again to Council. My name is Maggie Powell, Executive Director of the Eastwick Project Area Committee, and I'm here to testify for Bill 040966. As a community organization out in Eastwick, we are thankful to the Sunoco Refinery for even wanting to assist us in doing this. This is the last of ten sirens that will be installed in our area for our safety. What we are doing is called shelter in place. Our sirens will be installed in the event of any type of toxic chemical, waste or anything in the Southwest, South Philadelphia area. Our sirens will sound and our citizens will know to shelter in place. This is the last siren to be installed. Thereby, we community leaders will start training our residents on shelter in place. 95 Streets & Services - 12/7/04 We've already started that training, but it will become more intensive after this siren is installed. It's imperative that we get the okay to have this installed. I thank you. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the Committee? (No response.) Anyone else here wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, thank you, ma'am. The clerk will read the title of the next Bill.

The Clerk

Bill 040965, an Ordinance authorizing Children's Hospital of Philadelphia to construct, own and maintain various encroachments to be installed in conjunction with roadway improvements/streetscape project in the vicinity of South 34th Street and Civic Center Boulevard, under certain terms and conditions. 96 Streets & Services - 12/7/04

Mr. Watts

Good morning, Chairman and members of the Committee. My name is William Watts. I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill Number 040965. This Bill 8 authorizes Children's Hospital of Philadelphia to construct, own and maintain various encroachments to be installed in conjunction with a roadway improvement and streetscape project in the vicinity of South 34th Street and Civic Center Boulevard adjacent to the property. The encroachment consists of raised masonry retaining wall planters, pedestrian scale lighting, illuminated pylon gateway and directional signing, and underground conduit with electrical service connection. The Streets Department has reviewed the plans for this project and has no 22 objection to the passage of this Bill. COUNCILMAN DiCICCO: Thank you. Any questions from the Committee for this witness? 97 Streets & Services - 12/7/04 (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify? Excuse me. I'm sorry. Councilwoman Blackwell.

Councilwoman Blackwell

Thank you. Thank you, Mr. Chairman. As you know, this is in my district and in the heart of my district, and we wanted to let you know that we've met with all the principals. We thought we had to do some technical changes, but the Streets Department can work that out with the person doing the work. And so, we're happy to support this project 1,000 percent. COUNCILMAN DiCICCO: Good. Congratulations.

Councilwoman Blackwell

Thank you. Thank you. COUNCILMAN DiCICCO: Anyone else to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, 98 Streets & Services - 12/7/04 the clerk will read the title of the next Bill.

The Clerk

Bill 040970, an Ordinance authorizing Phillips Lombard Street, L.P., owner and developer for the Liberty Court at Society Hill, to construct, own and maintain various encroachments to be installed in conjunction with a residential development and streetscape project, under certain terms and conditions.

Mr. Watts

Good morning, Chairman and members of the Committee. My name is William Watts. I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill Number 040970. This Bill 18 authorizes Phillips Lombard Street, LP, owner and developer for The Liberty Court at Society Hill to construct, own and maintain various encroachments to be installed in conjunction with a residential development and streetscape project. The project, located in the vicinity of South Third and Lombard Streets, entails 99 Streets & Services - 12/7/04 the construction of residential housing on the 200 block of Philips Court and the 500 block of Gaskill Street. At each entrance to the development, Philips Court at Lombard and Gaskill at South Third Street, encroachments will consist of two architectural entrance assemblies, with a decorative paver crosswalk. Within the development, approximately properties will have 12 oversized projecting bay windows. 13 The Streets Department has reviewed 14 the plans for this project and has no 15 objection to the passage of the Bill. 16 COUNCILMAN DiCICCO: Thank you. 17 Any questions for this witness from 18 the Committee? 19 (No response.) 20 COUNCILMAN DiCICCO: Anyone else here wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill. 100 Streets & Services - 12/7/04

The Clerk

Bill 040919, an Ordinance amending Section 4 of an Ordinance 4 (Bill No. 010381) approved June 14, 2001, entitled "An Ordinance authorizing Edward Flippen, owner of the property located at 5651 Lansdowne Avenue, Philadelphia, PA 19131, to construct, use and maintain a one (1) story building addition on and over the east footway of Fifty-seventh Street adjacent to the property 5651 Lansdowne Avenue, all under certain terms and conditions," as amended, by extending the period for compliance with the authorization conditions therein.

Mr. Watts

Good morning, Chairman and members of the Committee. My name is William Watts, and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill Number 040919, and also the proposed technical amendments to the Bill. This Bill will amend Section 4 of an ordinance approved August 31, 2001, amended 101 Streets & Services - 12/7/04 by Bill Number 030384, extending the time for compliance with conditions stated herein. The time period for Edward Flippin to construct, use and maintain a one-story building addition described in the original ordinance and enter into an agreement with the City of Philadelphia will be extended to December 31, 2005. The Streets Department recommends passage of this Bill. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify? Councilman Nutter.

Councilman Nutter

Thank you. Thank you, Mr. Chairman. Did you speak about the amendment -- COUNCILMAN DiCICCO: I did.

Councilman Nutter

-- put forward? Okay. I'm fine with the amendment. I appreciate the department's continued 102 Streets & Services - 12/7/04 assistance with this particular matter. We hope to conclude this somewhere in the course of all of our respective lifetimes. I really do appreciate your patience. Thank you. Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you. The Clerk will read the title of the next Bill.

The Clerk

Bill Number 040921, an Ordinance granting permission to Sunesys, Inc., its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park, within existing conduit, or to attach facilities to existing PECO Energy and Verizon utility poles of other entities holding a grant pursuant to other City ordinances, subject to such owner of the conduit or utility poles consent; all under certain terms and conditions. 103 Streets & Services - 12/7/04

Mr. Watts

Good morning, Chairman and members of the Committee. My name is William Watts, and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill Number 040921. This Bill 8 grants permission to Sunesys, Incorporated, to construct, operate and maintain, replace and remove a fiberoptic network and telecommunications system. Sunesys has been awarded Phase II of a contract to provide a fiberoptic network and telecommunication service for nine public schools located in the First, Third, Fourth, Fifth and Sixth Councilmanic Districts. The network will be primarily aerial lines on existing PECO and Verizon utility poles, supplemented by the use of existing PECO underground conduit. The Streets Department has reviewed the proposed routes for this project, and has no objection to the passage of the Bill. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? 104 Streets & Services - 12/7/04 (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify on this Bill? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill 040938, an Ordinance granting permission to Sunesys, Inc., its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park, within existing conduit, or to attach facilities to existing PECO Energy and Verizon utility poles of other entities holding a grant pursuant to other City ordinances, subject to such owner of the conduit or utility poles consent; all under certain terms and conditions.

Mr. Watts

Good morning, Mr. Chairman and members of the Committee. My name is William Watts, and I'm a construction 105 Streets & Services - 12/7/04 engineer with the Streets Department. I'm here to offer the following testimony for Bill Number 040938. This Bill 5 grants permission to Sunesys, Incorporated, to construct, operate and maintain, replace and remove a fiberoptic network and telecommunications system. Sunesys has been awarded Phase II of a contract to provide a fiberoptic network and telecommunications service for five public schools located in the Tenth Councilmanic District. The network will be primarily aerial lines on existing PECO and Verizon utility poles, supplemented by the use of existing PECO underground conduit. The Streets Department has reviewed the proposed routes for this project, and has no objection to the passage of the Bill. COUNCILMAN DiCICCO: Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify on this Bill? 106 Streets & Services - 12/7/04 (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill 040934, an Ordinance authorizing John Captis, 1407 Melrose Avenue, Sharon Hill, PA 19079, owner of the property 2601 S. Carroll Street, Philadelphia, PA 19142, his successors and assigns, to construct and maintain a garage extension, under certain terms and conditions.

Mr. Watts

Good morning, Mr. Chairman and members of the Committee. My name is William Watts, and I'm a construction engineer with the Streets Department. I am here to offer the following testimony for Bill Number 040934. This Bill 20 authorizes John Captis, owner of the property 2601 South Carroll Street, to construct and maintain a garage extension encroaching into the south footway of Buist Avenue. The one-story garage extension is approximately 18 foot long, encroaches 107 Streets & Services - 12/7/04 approximately three foot eight inches into the public right-of-way. The remaining clear footway is ten feet four inches. The Streets Department reviewed this encroachment and field verified dimensions. As the encroachment does not adversely affect the public right-of-way, the Streets Department recommends passage of this Bill. COUNCILMAN DiCICCO: Councilman Cohen.

Councilman Cohen

Let me raise again the question of value. Is it going to cost the homeowner anything to encroach on this public way?

Mr. Watts

No, there's no charge.

Councilman Cohen

Well, again, I think the City ought to go very slowly in doing that. The land has to be worth something. And again, it's a free giveaway, and I think very unfortunate. And there's nothing to back up what the value of the land would be if he had to buy it. There's no 25 appraisal. There's nothing except the 108 Streets & Services - 12/7/04 giveaway by the City. And while it's great to be in the Streets Department, and be able to give everything away for free, especially around Christmas time, I don't think it's to the advantage of the City. I yield to Councilman Rizzo.

Councilman Rizzo

Again we're in this issue. Typically... And I think we can look back where there's been some disputes from neighbors where a person built a fence over a foot over, and years later they 14 find out when they go to sell it that there's 15 a mistake, that there's some financial 16 exchange to make it right, and give the land 17 that they encroached on, even though it's not 18 a negative impact on the value on the 19 property that was encroached upon. 20 And I think that, based on the financial condition of the City, that we have to really examine when we... First of all, is this a private garage or is this a business?

Mr. Watts

It's a residence. 109 Streets & Services - 12/7/04

Councilman Rizzo

It's an awful big garage for a residence. What are the dimensions again?

Mr. Watts

It's approximately 6 foot in length. This is parallel to the 7 front of the building. And it projects three 8 feet eight inches out into the public 9 right-of-way. 10

Councilman Rizzo

So we're talking 11 about three feet of... 12

Mr. Watts

Approximately four feet. 13

Councilman Rizzo

...public 14 Right-of-way. 15

Councilman Rizzo

Is there a garage 17 there already or is it a new garage that 18 they're adding to a house that doesn't have a garage?

Mr. Watts

This encroachment currently exists. What they're trying to do is legalize it. And history wise, I don't know anything more about it.

Councilman Rizzo

So the garage is already there. 110 Streets & Services - 12/7/04

Mr. Watts

That's correct.

Councilman Rizzo

Well, that puts us in a better position, I think, to --

Councilman Cohen

Well, except it awards illegal conduct over many years by legalizing it. Has every neighbor on the street agreed to it? I mean, there ought to be some kind of record as to why the City gives this land away for nothing.

Councilman Rizzo

If I live next door, and I wanted to build the same exact garage, could I do it?

Councilman Cohen

Why shouldn't you?

Mr. Watts

You would need a private interest ordinance like Mr. Captis does. The Streets Department would review the encroachment, in terms of its size and what impact it has on the right-of-way. We would either approve it or disapprove it, recommend approval or disapproval. In terms of actually requiring them 111 Streets & Services - 12/7/04 to purchase that land or possibly lease it, since they, you know, are encroaching to the right-of-way, that's an issue that I can't really answer. The only thing I can tell you is, in terms of history, with private interest ordinances and encroachments, where a building has actually gone out into the right-of-way, it has not been policy of the City to require some sort of lease or payment.

Councilman Cohen

Well, I don't know who developed that policy for the City. May have been developed at a time when we felt very rich. And today when we feel poor, it seems to me that that's where we should be looking for increased revenue. We're looking for it in a lot of different places. And when people get value, they ought to be ready to pay for it or have an awfully good reason why the City has an interest in giving them that for nothing. COUNCILMAN DiCICCO: Do you happen 112 Streets & Services - 12/7/04 to know how long this condition has existed?

Mr. Watts

I do not. COUNCILMAN DiCICCO: Would you happen to know if Mr. Captis has owned this or how long he has owned this property?

Mr. Watts

I would need to look at my file to see what -- COUNCILMAN DiCICCO: Okay. I'm just curious if he recently bought it and bought it in a previous condition.

Mr. Watts

If my memory serves me correctly, this gentleman has owned this property for a while. And I believe that, with some of the correspondence, when he purchased this property, this encroachment actually existed. COUNCILMAN DiCICCO: It was preexisting when he purchased it.

Councilman Cohen

But it seems to me it's such a cavalier way to not have the facts on the case, not have it studied thoroughly, with the full recommendation giving the reasons why it's done. I mean, I 113 Streets & Services - 12/7/04 don't understand that. It seems to me somebody is doing something that's not in the best interests of the City, and making it so easy and attractive. Councilman Rizzo is right. Once he gets it, somebody down the block is going to be interested in it. You're going to change the neighborhood. And when the Streets Department says no to somebody else, they're going to say, hey, that's unfair. You said yes to the other guy. Why not to me? I don't see any good in the policy of making these free disbursements of the land.

Councilman Rizzo

Could I add to that, Councilman Cohen?

Councilman Cohen

Yes, Councilman Rizzo.

Councilman Rizzo

From your experience, you described an issue that's a bit different. The person bought the property. There had to be a survey. There 114 Streets & Services - 12/7/04 had to be something. Was there ever a permit pulled on the original construction? I wonder. From your experience, how many of these encroachments do you believe are just violations of the law where people say, I don't think I'm going to get caught. I'm going to build it. And if I get caught, there's an easy way out. You come in, you get an ordinance, and you move on. Times have changed.

Mr. Watts

The only thing that the ordinance does is grant that person the right to have the encroachment. In terms of any permitting that would be required through L & I, they would still have to meet building code requirements.

Councilman Rizzo

No, I'm not talking about that. Did you research to see if there was ever a permit for this garage?

Mr. Watts

I did not.

Councilman Rizzo

Don't you think some of the research should be whether this 115 Streets & Services - 12/7/04 was ever constructed legally? And where did the mistake happen? I mean, if we have buildings that are encroaching three and a half feet out into the right-of-way, somebody made a terrible mistake there.

Mr. Watts

A permit would never have been issued by Licenses & Inspections for this work. It always required an ordinance to City Council. The Streets Department isn't empowered to approve that type of encroachment.

Councilman Rizzo

I'm not talking about approving encroachment. I'm talking about somebody building a building without a permit, making it as big as they think need it to be, and taking the chance that they're not going to get caught. Do you know -- You already said you don't. Is there any way that we can go back to see if there was ever a permit to build this garage or was it built with the original structure? Was it added on later, and was it a person that just said: I'm taking my shot; 116 Streets & Services - 12/7/04 I'm going to build it as big as I'd like to build it; and if I get caught, there's a way out?

Mr. Watts

I suppose that would require some research with L & I and the zoning folders to see if possibly a mistake was made where they authorized this encroachment in the right-of-way. My understanding is that's not the case. This gentleman wouldn't be trying to legalize what he has out there if he already had some sort of approval. I mean, that's my --

Councilman Rizzo

My gut feeling on a lot of these -- and I'll end it -- is that many of these cases are where people do things. They take their chance. They get caught. Somebody said, you can just go get it legalized. Don't bother getting the permits. Don't bother doing this; don't bother doing that. And here we are. We're like the co-conspirator here by now making it right, 117 Streets & Services - 12/7/04 when they intentionally did something wrong, possibly. And I say possibly. Not this gentleman. Possibly without even a permit. And it would be interesting to use this as a case to go back and look to see. When this building, when this structure was originally built, was that garage there? If they added the garage later, was there a permit to do that? Was there a survey? I think before we grant anything going forward that we should know what we're talking about here. When was this -- When did it occur? COUNCILMAN DiCICCO: I'm going to ask, with the permission of this Committee, that we temporarily recess the public hearing to go into the public meeting. Council member Clarke needs to leave for another appointment. He would like to leave his vote on these bills and amendments. m. - - - BILL 040851 - An Ordinance permitting three traffic lanes on Walnut Street, between 40th Street and Cobbs Creek Parkway, and requiring that the lane markers on Walnut Street be changed to reflect this change. BILL 040852 - An Ordinance authorizing and directing the installation of traffic control devices at the intersection of Lombard Street and Sixth Street. BILL 040853 - An Ordinance amending Section 9-204 of The Philadelphia Code relating to sidewalk vendors in Center City, to prohibit propulsion of growers' and producers' stands by internal combustion engine at farmers' markets, all under certain terms and conditions. BILL 040866 - An Ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting vending within an area bounded by 65th Street, Eastwick Avenue, Lindbergh Boulevard, 70th Street, Holstein Avenue, Bartram Avenue, 86th Street, the city boundary and Elmwood Avenue, on both sides. BILL 040867 - An Ordinance establishing a one-way regulation on Guilford Street, from Sackett Street to Hawthorne Street, northbound. 2670 119 Streets & Services - 12/7/04 BILL 040875 - An Ordinance amending Section 2 of an Ordinance (Bill 030347) approved July 31, 2003, entitled"an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 4 238, by striking from the City Plan and vacating Salter Street from Third Street to Orianna Street and by reserving and placing on the City Plan a right-of-way for gas main purposes and public utility purposes within the lines of Salter Street being stricken from the City Plan and vacated under authority of this Ordinance, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein. BILL 040905 - An Ordinance amending Section 2 of an Ordinance (Bill No. 020252) approved May 29, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No.

Councilman Rizzo

13-S, by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street and Leithgow Street from Wharton Street to Titan Street; by revising the lines and grades of Reese Street from Reed Street to Wharton Street and Titan Street from Fifth Street to Fourth Street; by placing on the City Plan Earp Street from Fifth Street to relocated Leithgow Street; by striking from the City Plan and vacating certain portions of Earp Street from Fourth Street to Fifth Street; by revising the lines and grades of Lawrence and Leithgow Streets from Reed Street to former Earp Street, all under certain terms and conditions, including the dedication free and clear of all encumbrances the beds of the proposed Earp Street not previously dedicated and the unopened portions of Reese Street, Lawrence Street and Leithgow Street," by extending the period for compliance with the authorization conditions therein. 120 Streets & Services - 12/7/04 BILL 040917 - An Ordinance amending Section 2 of an Ordinance (Bill No. 020430), approved November 13, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 312, by striking from the City Plan and vacating the legally open portions of Jackson Street from Pearson Street to Aubrey Street, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein. BILL 040918 - An Ordinance amending Section 2 of an Ordinance (Bill No. 010713) approved April 17, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 194, by striking from the City Plan and vacating Bodine Street from Diamond Street to Susquehanna Avenue, under certain terms and conditions," by extending the time for compliance with the conditions stated therein. BILL 040919 - An Ordinance amending Section 4 of an Ordinance (Bill No. 010381) approved June 14, 2001, entitled "An Ordinance authorizing Edward Flippen, owner of the property located at 5651 Lansdowne Avenue, Philadelphia, PA 19131, to construct, use and maintain a one (1) story building addition on and over the east footway of Fifty-seventh Street adjacent to the property 5651 Lansdowne Avenue, all under certain terms and conditions," as amended, by extending the period for compliance with the authorization conditions therein. BILL 040920 - An Ordinance amending Title 12 of The Philadelphia Code entitled "Traffic Code" by enacting a new Chapter of The Philadelphia Code, entitled "Prohibition Against Motor Vehicle Cruising," to prohibit motor vehicle cruising in an area bounded by Lombard Street on the north, Front Street on the east, Bainbridge Street on the south, and Eleventh Street on the west; all under certain terms and conditions. , its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park, within existing conduit, or to attach facilities to existing PECO Energy and Verizon utility poles of other entities holding a grant pursuant to other City ordinances, subject to such owner of the conduit or utility poles consent; all under certain terms and conditions. BILL 040934 - An Ordinance authorizing John Captis, 1407 Melrose Avenue, Sharon Hill, PA 19079, owner of the property 2601 S. Carroll Street, Philadelphia, PA 19142, his successors and assigns, to construct and maintain a garage extension, under certain terms and conditions.

Councilman Rizzo

, its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park, within existing conduit, or to attach facilities to existing PECO Energy and Verizon utility poles of other entities holding a grant pursuant to other City ordinances, subject to such owner of the conduit or utility poles consent; all under certain terms and conditions. BILL 040939 - An Ordinance authorizing the installation of all-way stop signs at the intersection of Franklin Town Boulevard and Woods Street. BILL 040964 - An Ordinance authorizing Simon Associates, owner of the property 315 South 45th Street, to construct a privately owned electrical transformer vault on the north footway of Pine Street adjacent to the property, under certain terms and conditions. 122 Streets & Services - 12/7/04 BILL 040965 - An Ordinance authorizing Children's Hospital of Philadelphia to construct, own and maintain various encroachments to be installed in conjunction with roadway improvements/streetscape project in the vicinity of South 34th Street and Civic Center Boulevard, under certain terms and conditions. , Philadelphia Refinery to install an aluminum post with siren, related equipment and an aerial electrical service on a traffic island bordered by South 56th Street, Lindbergh Boulevard and Elmwood Avenue, under certain terms and conditions. BILL 040967 - An Ordinance authorizing John & Danielle Alexander, 2237 Kimball Street, Philadelphia, PA 19146, their successors and assigns, to construct and maintain a building addition on South 22nd Street, under certain terms and conditions. BILL 040968 - An Ordinance authorizing Pennsylvania Hospital of the University of Pennsylvania Health System, 800 Spruce Street, Philadelphia, PA 19107, its successors and assigns, to construct, own and maintain a ductbank beneath Delancey Street to provide service connections from their building (723 Delancey Street) to their parking garage (317 S. 8th Street), under certain terms and conditions. BILL 040969 - An Ordinance regulating the direction of movement of traffic on Philip Street, from Gaskill Street to Lombard Street, southbound. , owner and developer for the Liberty Court at Society Hill, to construct, own and maintain various encroachments to be installed in conjunction with a residential development and streetscape project, under certain terms and conditions. 123 Streets & Services - 12/7/04 BILL 040971 - An Ordinance regulating the direction of movement of traffic on Gaskill Street, from Third Street to Philip Street, westbound. BILL 040997 - An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 222 in the vicinity of Hunting Park Avenue and Frankford Avenue, under certain terms and conditions. BILL 041002 - An Ordinance amending Title of 8 The Philadelphia Code, entitled "Traffic Code," by adding a new Chapter regulating the use and 9 operation of Electric Personal Assistive Mobility Devices and by making conforming amendments to 10 other sections of the Title, under certain terms and conditions. 11 BILL 041003 - An Ordinance authorizing Vesuvio 12 Restaurant & Bar, 736-38 South 8th Street, Philadelphia PA 19147, to construct, own and maintain building encroachments consisting of a vestibule, rigid frame canopy, masonry fence wall and an open-air sidewalk cafe located on the southwest corner of South 8th and Fitzwater Streets, under certain terms and conditions. BILL 041004 - An Ordinance amending Section 9-204 of The Philadelphia Code by prohibiting vending on both sides of 12th Street, from Chancellor Street to Walnut Street and codifying an Ordinance (Bill 18 No.

Councilman Rizzo

1205-AA) approved January 3, 1992, as amended, designating, pursuant to subsection 9-204(8)(a) of The Philadelphia Code, the blockfaces in Center City upon which sidewalk vendors shall be permitted, and the number of sidewalk vendor licenses that may be issued for each such blockface. BILL 041006 - An Ordinance regulating the direction of movement of traffic on Morse Street, from Uber Street to 19th Street, eastbound. 124 Streets & Services - 12/7/04 BILL 041007 - An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 121 within an area bounded by Jefferson Street, Twentieth Street, Oxford Street and Nineteenth Street, by striking from the City Plan and vacating Opal Street from Jefferson Street to Oxford Street and Garnet Street from Jefferson Street to Oxford Street; by placing on the City Plan Uber Street from Jefferson Street to Oxford Street, all under certain terms and conditions. PRESENT: COUNCILMAN FRANK DI CICCO, Chair COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN MICHAEL A. NUTTER COUNCILMAN JUAN F. RAMOS COUNCILMAN FRANK RIZZO 125 Streets & Services - 12/7/04 - - - P R O C E E D I N G S - - - COUNCILMAN DiCICCO: So we'll now go into the public meeting. Chair recognizes Council member Clarke.

Councilman Clarke

Thank you, Mr. Chairman. Thank you so much. Mr. Chairman, I would like to leave my vote as voting aye on all bills and amendments, with the exception of Bill 14 041004. COUNCILMAN DiCICCO: 041004. You're voting no?

Councilman Clarke

Correct. COUNCILMAN DiCICCO: Okay. Thank you.

Councilman Clarke

Thank you. Thank you, Mr. Chairman. If there's a motion to hold the bill, I will vote in favor to hold the bill. COUNCILMAN DiCICCO: Thank you. We will now return to the public hearing. m. - - - BILL 040851 - An Ordinance permitting three traffic lanes on Walnut Street, between 40th Street and Cobbs Creek Parkway, and requiring that the lane markers on Walnut Street be changed to reflect this change. BILL 040852 - An Ordinance authorizing and directing the installation of traffic control devices at the intersection of Lombard Street and Sixth Street. BILL 040853 - An Ordinance amending Section 9-204 of The Philadelphia Code relating to sidewalk vendors in Center City, to prohibit propulsion of growers' and producers' stands by internal combustion engine at farmers' markets, all under certain terms and conditions. BILL 040866 - An Ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting vending within an area bounded by 65th Street, Eastwick Avenue, Lindbergh Boulevard, 70th Street, Holstein Avenue, Bartram Avenue, 86th Street, the city boundary and Elmwood Avenue, on both sides. BILL 040867 - An Ordinance establishing a one-way regulation on Guilford Street, from Sackett Street to Hawthorne Street, northbound. 2670 128 Streets & Services - 12/7/04 BILL 040875 - An Ordinance amending Section 2 of an Ordinance (Bill 030347) approved July 31, 2003, entitled"an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 4 238, by striking from the City Plan and vacating Salter Street from Third Street to Orianna Street and by reserving and placing on the City Plan a right-of-way for gas main purposes and public utility purposes within the lines of Salter Street being stricken from the City Plan and vacated under authority of this Ordinance, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein. BILL 040905 - An Ordinance amending Section 2 of an Ordinance (Bill No. 020252) approved May 29, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 13-S, by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street and Leithgow Street from Wharton Street to Titan Street; by revising the lines and grades of Reese Street from Reed Street to Wharton Street and Titan Street from Fifth Street to Fourth Street; by placing on the City Plan Earp Street from Fifth Street to relocated Leithgow Street; by striking from the City Plan and vacating certain portions of Earp Street from Fourth Street to Fifth Street; by revising the lines and grades of Lawrence and Leithgow Streets from Reed Street to former Earp Street, all under certain terms and conditions, including the dedication free and clear of all encumbrances the beds of the proposed Earp Street not previously dedicated and the unopened portions of Reese Street, Lawrence Street and Leithgow Street," by extending the period for compliance with the authorization conditions therein. 129 Streets & Services - 12/7/04 BILL 040917 - An Ordinance amending Section 2 of an Ordinance (Bill No. 020430), approved November 13, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 312, by striking from the City Plan and vacating the legally open portions of Jackson Street from Pearson Street to Aubrey Street, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein. BILL 040918 - An Ordinance amending Section 2 of an Ordinance (Bill No. 010713) approved April 17, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 194, by striking from the City Plan and vacating Bodine Street from Diamond Street to Susquehanna Avenue, under certain terms and conditions," by extending the time for compliance with the conditions stated therein.

Councilman Clarke

BILL 040919 - An Ordinance amending Section 4 of an Ordinance (Bill No. 010381) approved June 14, 2001, entitled "An Ordinance authorizing Edward Flippen, owner of the property located at 5651 Lansdowne Avenue, Philadelphia, PA 19131, to construct, use and maintain a one (1) story building addition on and over the east footway of Fifty-seventh Street adjacent to the property 5651 Lansdowne Avenue, all under certain terms and conditions," as amended, by extending the period for compliance with the authorization conditions therein. BILL 040920 - An Ordinance amending Title 12 of The Philadelphia Code entitled "Traffic Code" by enacting a new Chapter of The Philadelphia Code, entitled "Prohibition Against Motor Vehicle Cruising," to prohibit motor vehicle cruising in an area bounded by Lombard Street on the north, Front Street on the east, Bainbridge Street on the south, and Eleventh Street on the west; all under certain terms and conditions. , its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park, within existing conduit, or to attach facilities to existing PECO Energy and Verizon utility poles of other entities holding a grant pursuant to other City ordinances, subject to such owner of the conduit or utility poles consent; all under certain terms and conditions. BILL 040934 - An Ordinance authorizing John Captis, 1407 Melrose Avenue, Sharon Hill, PA 19079, owner of the property 2601 S. Carroll Street, Philadelphia, PA 19142, his successors and assigns, to construct and maintain a garage extension, under certain terms and conditions. , its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park, within existing conduit, or to attach facilities to existing PECO Energy and Verizon utility poles of other entities holding a grant pursuant to other City ordinances, subject to such owner of the conduit or utility poles consent; all under certain terms and conditions. BILL 040939 - An Ordinance authorizing the installation of all-way stop signs at the intersection of Franklin Town Boulevard and Woods Street. BILL 040964 - An Ordinance authorizing Simon Associates, owner of the property 315 South 45th Street, to construct a privately owned electrical transformer vault on the north footway of Pine Street adjacent to the property, under certain terms and conditions. 131 Streets & Services - 12/7/04 BILL 040965 - An Ordinance authorizing Children's Hospital of Philadelphia to construct, own and maintain various encroachments to be installed in conjunction with roadway improvements/streetscape project in the vicinity of South 34th Street and Civic Center Boulevard, under certain terms and conditions. , Philadelphia Refinery to install an aluminum post with siren, related equipment and an aerial electrical service on a traffic island bordered by South 56th Street, Lindbergh Boulevard and Elmwood Avenue, under certain terms and conditions. BILL 040967 - An Ordinance authorizing John & Danielle Alexander, 2237 Kimball Street, Philadelphia, PA 19146, their successors and assigns, to construct and maintain a building addition on South 22nd Street, under certain terms and conditions. BILL 040968 - An Ordinance authorizing Pennsylvania Hospital of the University of Pennsylvania Health System, 800 Spruce Street, Philadelphia, PA 19107, its successors and assigns, to construct, own and maintain a ductbank beneath Delancey Street to provide service connections from their building (723 Delancey Street) to their parking garage (317 S. 8th Street), under certain terms and conditions. BILL 040969 - An Ordinance regulating the direction of movement of traffic on Philip Street, from Gaskill Street to Lombard Street, southbound.

Councilman Clarke

, owner and developer for the Liberty Court at Society Hill, to construct, own and maintain various encroachments to be installed in conjunction with a residential development and streetscape project, under certain terms and conditions. 132 Streets & Services - 12/7/04 BILL 040971 - An Ordinance regulating the direction of movement of traffic on Gaskill Street, from Third Street to Philip Street, westbound. BILL 040997 - An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 222 in the vicinity of Hunting Park Avenue and Frankford Avenue, under certain terms and conditions. BILL 041002 - An Ordinance amending Title of 8 The Philadelphia Code, entitled "Traffic Code," by adding a new Chapter regulating the use and 9 operation of Electric Personal Assistive Mobility Devices and by making conforming amendments to 10 other sections of the Title, under certain terms and conditions. 11 BILL 041003 - An Ordinance authorizing Vesuvio 12 Restaurant & Bar, 736-38 South 8th Street, Philadelphia PA 19147, to construct, own and maintain building encroachments consisting of a vestibule, rigid frame canopy, masonry fence wall and an open-air sidewalk cafe located on the southwest corner of South 8th and Fitzwater Streets, under certain terms and conditions. BILL 041004 - An Ordinance amending Section 9-204 of The Philadelphia Code by prohibiting vending on both sides of 12th Street, from Chancellor Street to Walnut Street and codifying an Ordinance (Bill 18 No. 1205-AA) approved January 3, 1992, as amended, designating, pursuant to subsection 9-204(8)(a) of The Philadelphia Code, the blockfaces in Center City upon which sidewalk vendors shall be permitted, and the number of sidewalk vendor licenses that may be issued for each such blockface. BILL 041006 - An Ordinance regulating the direction of movement of traffic on Morse Street, from Uber Street to 19th Street, eastbound. 133 Streets & Services - 12/7/04 BILL 041007 - An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 121 within an area bounded by Jefferson Street, Twentieth Street, Oxford Street and Nineteenth Street, by striking from the City Plan and vacating Opal Street from Jefferson Street to Oxford Street and Garnet Street from Jefferson Street to Oxford Street; by placing on the City Plan Uber Street from Jefferson Street to Oxford Street, all under certain terms and conditions. PRESENT: COUNCILMAN FRANK DI CICCO, Chair COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN MICHAEL A. NUTTER COUNCILMAN JUAN F. RAMOS COUNCILMAN FRANK RIZZO 134 Streets & Services - 12/7/04 - - - P R O C E E D I N G S - - - COUNCILMAN DiCICCO: Thank you. The clerk will read the title of the next Bill.

The Clerk

Bill Number 040964, an Ordinance authorizing Simon Associates, owner of the property 315 South 45th Street, to construct a privately owned electrical transformer vault on the north footway of Pine Street adjacent to the property, under certain terms and conditions.

Mr. Watts

Good morning, Chairman and members of the Committee. My name is William Watts, and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill Number 040964. This bill 21 authorizes Simon & Associates, owner of the property 315 South 45th Street to construct a privately owned electrical transformer vault in the north footway of Pine Street adjacent to the property. 135 Streets & Services - 12/7/04 The vault which is approximately eight foot long, four foot wide, and eight foot deep, will house a PECO electrical transformer required for power service to the Royal Palm Apartment Building. The Streets Department has reviewed the plan for this project and has no 9 objection to the passage of the Bill. COUNCILMAN DiCICCO: Any questions from the Committee for this witness? (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next bill.

The Clerk

Bill Number 040967, an Ordinance authorizing John & Danielle Alexander, 2237 Kimball Street, Philadelphia, PA 19146, their successors and assigns, to construct and maintain a building addition on South 22nd Street, under certain terms and conditions. 136 Streets & Services - 12/7/04

Mr. Watts

Good morning, Chairman and members of the Committee. My name is William Watts, and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill Number 040967. This Bill 8 authorizes John and Danielle Alexander, owners of the property 2148 Carpenter Street, to construct, own and maintain a building addition adjacent to the property. The three-story addition is approximately 11 feet, four inches long by four foot wide, and will partially encroach into the east footway of South 22nd Street. The remaining clear footway width is ten feet. The Streets Department has reviewed the construction plans for this project. As the encroachment does not adversely affect the public right-of-way, the Streets Department recommends passage of this Bill. COUNCILMAN DiCICCO: Thank you. Any questions for this witness from the Committee? 137 Streets & Services - 12/7/04 (No response.) COUNCILMAN DiCICCO: Anyone else here wishes to testify? (No response.) COUNCILMAN DiCICCO: Seeing none, the clerk will read the title of the next Bill.

The Clerk

Bill Number 040968, an Ordinance authorizing Pennsylvania Hospital of the University of Pennsylvania Health System, 800 Spruce Street, Philadelphia, PA 19107, its successors and assigns, to construct, own and maintain a ductbank beneath Delancey Street to provide service connections from their building (723 Delancey Street) to their parking garage (317 S. 8th Street), under certain terms and conditions.

Mr. Watts

Good morning, Chairman and members of the Committee. My name is William Watts, and I'm a construction engineer with the Streets Development. I'm here to offer the following testimony for Bill Number 040968. This Bill 25 authorizes the Pennsylvania Hospital of the 138 Streets & Services - 12/7/04 University of Pennsylvania Health System to construct, own and maintain a ductbank beneath Delancey Street, to provide service connections from their building, 723 Delancey Street, to the parking garage, 317 South Eighth. The ductbank, located approximately 128 feet east of the east curb line of South Eighth Street, will provide electrical, telephone and fire service alarm connection between the buildings. The Streets Department has reviewed the construction plans for this project, and has no objection to the passage of the Bill. COUNCILMAN DiCICCO: Thank you. Any questions for the witness from the Committee? ) COUNCILMAN DiCICCO: Anyone else here wishes to testify? ) Seeing none, this concludes the public hearing on the Committee of Streets and Services. m. - - - BILL 040851 - An Ordinance permitting three traffic lanes on Walnut Street, between 40th Street and Cobbs Creek Parkway, and requiring that the lane markers on Walnut Street be changed to reflect this change. BILL 040852 - An Ordinance authorizing and directing the installation of traffic control devices at the intersection of Lombard Street and Sixth Street. BILL 040853 - An Ordinance amending Section 9-204 of The Philadelphia Code relating to sidewalk vendors in Center City, to prohibit propulsion of growers' and producers' stands by internal combustion engine at farmers' markets, all under certain terms and conditions. BILL 040866 - An Ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting vending within an area bounded by 65th Street, Eastwick Avenue, Lindbergh Boulevard, 70th Street, Holstein Avenue, Bartram Avenue, 86th Street, the city boundary and Elmwood Avenue, on both sides. BILL 040867 - An Ordinance establishing a one-way regulation on Guilford Street, from Sackett Street to Hawthorne Street, northbound. 2670 141 Streets & Services - 12/7/04 BILL 040875 - An Ordinance amending Section 2 of an Ordinance (Bill 030347) approved July 31, 2003, entitled"an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 4 238, by striking from the City Plan and vacating Salter Street from Third Street to Orianna Street and by reserving and placing on the City Plan a right-of-way for gas main purposes and public utility purposes within the lines of Salter Street being stricken from the City Plan and vacated under authority of this Ordinance, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein. BILL 040905 - An Ordinance amending Section 2 of an Ordinance (Bill No. 020252) approved May 29, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 13-S, by striking from the City Plan and vacating Lawrence Street from Wharton Street to Titan Street and Leithgow Street from Wharton Street to Titan Street; by revising the lines and grades of Reese Street from Reed Street to Wharton Street and Titan Street from Fifth Street to Fourth Street; by placing on the City Plan Earp Street from Fifth Street to relocated Leithgow Street; by striking from the City Plan and vacating certain portions of Earp Street from Fourth Street to Fifth Street; by revising the lines and grades of Lawrence and Leithgow Streets from Reed Street to former Earp Street, all under certain terms and conditions, including the dedication free and clear of all encumbrances the beds of the proposed Earp Street not previously dedicated and the unopened portions of Reese Street, Lawrence Street and Leithgow Street," by extending the period for compliance with the authorization conditions therein.

Mr. Watts

142 Streets & Services - 12/7/04 BILL 040917 - An Ordinance amending Section 2 of an Ordinance (Bill No. 020430), approved November 13, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 312, by striking from the City Plan and vacating the legally open portions of Jackson Street from Pearson Street to Aubrey Street, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein. BILL 040918 - An Ordinance amending Section 2 of an Ordinance (Bill No. 010713) approved April 17, 2002, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 194, by striking from the City Plan and vacating Bodine Street from Diamond Street to Susquehanna Avenue, under certain terms and conditions," by extending the time for compliance with the conditions stated therein. BILL 040919 - An Ordinance amending Section 4 of an Ordinance (Bill No. 010381) approved June 14, 2001, entitled "An Ordinance authorizing Edward Flippen, owner of the property located at 5651 Lansdowne Avenue, Philadelphia, PA 19131, to construct, use and maintain a one (1) story building addition on and over the east footway of Fifty-seventh Street adjacent to the property 5651 Lansdowne Avenue, all under certain terms and conditions," as amended, by extending the period for compliance with the authorization conditions therein. BILL 040920 - An Ordinance amending Title 12 of The Philadelphia Code entitled "Traffic Code" by enacting a new Chapter of The Philadelphia Code, entitled "Prohibition Against Motor Vehicle Cruising," to prohibit motor vehicle cruising in an area bounded by Lombard Street on the north, Front Street on the east, Bainbridge Street on the south, and Eleventh Street on the west; all under certain terms and conditions. , its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park, within existing conduit, or to attach facilities to existing PECO Energy and Verizon utility poles of other entities holding a grant pursuant to other City ordinances, subject to such owner of the conduit or utility poles consent; all under certain terms and conditions. BILL 040934 - An Ordinance authorizing John Captis, 1407 Melrose Avenue, Sharon Hill, PA 19079, owner of the property 2601 S. Carroll Street, Philadelphia, PA 19142, his successors and assigns, to construct and maintain a garage extension, under certain terms and conditions. , its successors and assigns to construct, maintain and operate, replace, and remove a telecommunications system along, over, in and under the public rights-of-way, City streets and Fairmount Park, within existing conduit, or to attach facilities to existing PECO Energy and Verizon utility poles of other entities holding a grant pursuant to other City ordinances, subject to such owner of the conduit or utility poles consent; all under certain terms and conditions. BILL 040939 - An Ordinance authorizing the installation of all-way stop signs at the intersection of Franklin Town Boulevard and Woods Street. BILL 040964 - An Ordinance authorizing Simon Associates, owner of the property 315 South 45th Street, to construct a privately owned electrical transformer vault on the north footway of Pine Street adjacent to the property, under certain terms and conditions. 144 Streets & Services - 12/7/04 BILL 040965 - An Ordinance authorizing Children's Hospital of Philadelphia to construct, own and maintain various encroachments to be installed in conjunction with roadway improvements/streetscape project in the vicinity of South 34th Street and Civic Center Boulevard, under certain terms and conditions.

Mr. Watts

, Philadelphia Refinery to install an aluminum post with siren, related equipment and an aerial electrical service on a traffic island bordered by South 56th Street, Lindbergh Boulevard and Elmwood Avenue, under certain terms and conditions. BILL 040967 - An Ordinance authorizing John & Danielle Alexander, 2237 Kimball Street, Philadelphia, PA 19146, their successors and assigns, to construct and maintain a building addition on South 22nd Street, under certain terms and conditions. BILL 040968 - An Ordinance authorizing Pennsylvania Hospital of the University of Pennsylvania Health System, 800 Spruce Street, Philadelphia, PA 19107, its successors and assigns, to construct, own and maintain a ductbank beneath Delancey Street to provide service connections from their building (723 Delancey Street) to their parking garage (317 S. 8th Street), under certain terms and conditions. BILL 040969 - An Ordinance regulating the direction of movement of traffic on Philip Street, from Gaskill Street to Lombard Street, southbound. , owner and developer for the Liberty Court at Society Hill, to construct, own and maintain various encroachments to be installed in conjunction with a residential development and streetscape project, under certain terms and conditions. 145 Streets & Services - 12/7/04 BILL 040971 - An Ordinance regulating the direction of movement of traffic on Gaskill Street, from Third Street to Philip Street, westbound. BILL 040997 - An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 222 in the vicinity of Hunting Park Avenue and Frankford Avenue, under certain terms and conditions. BILL 041002 - An Ordinance amending Title of 8 The Philadelphia Code, entitled "Traffic Code," by adding a new Chapter regulating the use and 9 operation of Electric Personal Assistive Mobility Devices and by making conforming amendments to 10 other sections of the Title, under certain terms and conditions. 11 BILL 041003 - An Ordinance authorizing Vesuvio 12 Restaurant & Bar, 736-38 South 8th Street, Philadelphia PA 19147, to construct, own and maintain building encroachments consisting of a vestibule, rigid frame canopy, masonry fence wall and an open-air sidewalk cafe located on the southwest corner of South 8th and Fitzwater Streets, under certain terms and conditions. BILL 041004 - An Ordinance amending Section 9-204 of The Philadelphia Code by prohibiting vending on both sides of 12th Street, from Chancellor Street to Walnut Street and codifying an Ordinance (Bill 18 No. 1205-AA) approved January 3, 1992, as amended, designating, pursuant to subsection 9-204(8)(a) of The Philadelphia Code, the blockfaces in Center City upon which sidewalk vendors shall be permitted, and the number of sidewalk vendor licenses that may be issued for each such blockface. BILL 041006 - An Ordinance regulating the direction of movement of traffic on Morse Street, from Uber Street to 19th Street, eastbound. 146 Streets & Services - 12/7/04 BILL 041007 - An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 121 within an area bounded by Jefferson Street, Twentieth Street, Oxford Street and Nineteenth Street, by striking from the City Plan and vacating Opal Street from Jefferson Street to Oxford Street and Garnet Street from Jefferson Street to Oxford Street; by placing on the City Plan Uber Street from Jefferson Street to Oxford Street, all under certain terms and conditions. PRESENT: COUNCILMAN FRANK DI CICCO, Chair COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN MICHAEL A. NUTTER COUNCILMAN JUAN F. RAMOS COUNCILMAN FRANK RIZZO 147 Streets & Services - 12/7/04 - - - P R O C E E D I N G S - - - COUNCILMAN DiCICCO: We will now go into the public meeting. And the Chair recognizes Councilman Ramos, for a motion on all Bills and amendments, in whatever order he chooses to read them in.

Councilman Ramos

Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Everyone has a copy of the amendments on these Bills? Councilman Ramos.

Councilman Ramos

Thank you, Mr. Chairman. I move that the amendment be approved to Bill Number 041004. UNIDENTIFIED

Councilman

Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that the amendment to Bill Number 041004 be approved. All in favor of the amendment signify by saying aye. (Chorus of "ayes.") 148 Streets & Services - 12/7/04 COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. There is a motion being made by Councilman Cohen that the Bill be held. As the sponsor of the Bill, I'm asking that the Bill be moved. There was another one or two vending bills today that were heard. And I said I'd be more than willing to discuss this particular location with the attorney who represents the vendor and any Advisory Board member going forward, not only as it relates to this Bill, but all other vending Bills as relates to vending in the City of Philadelphia. So, I'm asking that the Bill be moved. Do we hear a second on holding it? There being none --

Councilman Cohen

If Councilman Clarke were here, would he hold it or -- COUNCILMAN DiCICCO: That would be noted in the record, that he would vote for 149 Streets & Services - 12/7/04 holding it. So, the amendment has been moved and seconded and passed. I'm asking for the Bill as amended to be approved. All in favor of Bill Number 041004 as amended signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed?

Councilman Cohen

No. 11 COUNCILMAN DiCICCO: No? And Councilman Clarke. There's four ayes and two nays. The Bill is approved as amended. Council member Ramos.

Councilman Ramos

I move that the amendment to Bill Number 040919 be approved. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that the amendment to Bill Number 040919 be approved. All in favor? (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? 150 Streets & Services - 12/7/04 (No response.) COUNCILMAN DiCICCO: The amendment is approved. The Chair recognizes Councilman Ramos.

Councilman Ramos

I move that Bill 8 Number 040919 be reported as amended out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill 12 Number 040919 at our next scheduled Council meeting. COUNCILMAN DiCICCO: Second? UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It has been properly moved seconded that Bill 040919 as amended be reported out of Committee with a favorable recommendation and a further recommendation that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") 151 Streets & Services - 12/7/04 COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill is approved. Councilman Ramos.

Councilman Ramos

I move that the amendment to Bill Number 040921 be amoved. COUNCILMAN DiCICCO: Second?

Councilman Rizzo

Second. COUNCILMAN DiCICCO: It has been properly moved and seconded that the amendment to Bill Number 040921 be approved. All in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 22 Number 040921 as amended be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill 152 Streets & Services - 12/7/04 Number 040921 at our next scheduled Council meeting. COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill Number 040921 as amended be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill is approved. Councilman Ramos.

Councilman Ramos

I move that the amendment on Bill Number 040938 be approved. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that the amendment to Bill Number 040938 be approved. All in favor signify by saying aye. (Chorus of "ayes.") 153 Streets & Services - 12/7/04 COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. Councilman Ramos.

Councilman Ramos

I move that Bill 8 Number 040938 be reported, as amended, out of Committee with a favorable recommendation; further move that the rules of Council be suspended, to permit first reading of Bill 12 Number 040938 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040938 as amended be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) 154 Streets & Services - 12/7/04 COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 6 Number 040853 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040853 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040853 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos. 155 Streets & Services - 12/7/04

Councilman Ramos

I move that Bill 3 Number 040866 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040866 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040866 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 24 Number 040867 be reported out of Committee with a favorable recommendation; further move 156 Streets & Services - 12/7/04 that the rules of Council be suspended to permit first reading of Bill Number 040867 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040867 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 21 Number 040939 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040939 at our next scheduled Council meeting. 157 Streets & Services - 12/7/04 UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040939 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 18 Number 040969 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040969 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been 158 Streets & Services - 12/7/04 properly moved and seconded that Bill Number 040969 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 15 Number 040971 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040971 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040971 be reported out of Committee with a favorable recommendation, that the rules of 159 Streets & Services - 12/7/04 Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 12 Number 041006 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 041006 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 041006 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. 160 Streets & Services - 12/7/04 (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 9 Number 040875 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040875 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040875 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) 161 Streets & Services - 12/7/04 COUNCILMAN DiCICCO: The bill's approved.

Councilman Ramos

I move that Bill 5 Number 040905 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040905 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040905 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 162 Streets & Services - 12/7/04 Number 040917 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040917 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040917 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 23 Number 041007 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to 163 Streets & Services - 12/7/04 permit first reading of Bill Number 041007 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 041007 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 20 Number 040934 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040934 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: 164 Streets & Services - 12/7/04 Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040934 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 17 Number 040964 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040964 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 165 Streets & Services - 12/7/04 040964 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 14 Number 040965 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040965 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040965 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. 166 Streets & Services - 12/7/04 All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 11 Number 040966 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040966 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040966 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") 167 Streets & Services - 12/7/04 COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 8 Number 040967 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040967 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040967 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's 168 Streets & Services - 12/7/04 approved. Councilman Ramos.

Councilman Ramos

I move that Bill 5 Number 040968 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040968 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040968 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 169 Streets & Services - 12/7/04 Number 040970 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040970 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040970 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 23 Number 041003 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to 170 Streets & Services - 12/7/04 permit first reading of Bill Number 041003 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 041003 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. Councilman Ramos.

Councilman Ramos

I move that Bill 20 Number 040918 be reported out of Committee with a favorable recommendation; further move that the rules of Council be suspended to permit first reading of Bill Number 040918 at our next scheduled Council meeting. UNIDENTIFIED COUNCIL MEMBER: 171 Streets & Services - 12/7/04 Second. COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill Number 040918 be reported out of Committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Chorus of "ayes.") COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill's approved. This concludes the public meeting on the Committee of Streets and Services. I thank all the members for attending today. Appreciate your support. (Public hearing and public meeting concluded at 12:22 p.m.) 172 CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public hearing and public meeting of The Philadelphia City Council, taken on December 7, 2004, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (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.)