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Minutes

Committee Hearing, November 18, 2010

Philadelphia City Council Committee HearingsNov 18, 2010

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Organizations mentioned

COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES3 Thursday, November 18, 2010, 1:22 p.m.4 Bill 100464 - Striking from City Plan, vacating portions of Olive Street and Hutchinson Street.6 Bill 100544 - Farmers' Market on Germantown Ave. Bill 100655 - Held at request of sponsor.7 Bill 100675 - Farmers' Market on South 22nd. Bill 100676 - Striking from City Plan, vacating8 legally-open portions of Hartwell Lane. Bill 100679 - Rev. of lines and grades, I-95.9 Bill 100680 - Re Brandywine Realty encroachment. Bill 100681 - Striking from City Plan, vacating10 a portion of Ridge Avenue. Bill 100682 - Granting to City a right-of-way at11 northwest corner of 13th and Arch. Bill 100683 - Striking from City Plan, vacating12 a portion of Leithgow Street Bill 100684 - Authorizing PAFA to construct,13 own, and maintain various encroachments. Bill 100711 - Authorizing BIBA Wine Bar to14 legalize various existing encroachments. Bill 100715 - Re Gray Lodge sidewalk café.15 Bill 100716 - Authorize MAUSA to add benches. Bill 100717 - Re Wishing Well to sidewalk café.16 Bill 100718 - Re La Galosa to sidewalk café. Bill 100719 - Re Francoluigi's sidewalk café.17 Bill 100723 - Re newsstand NW 16th and Chestnut. Bill 100752 - Re snow clearance on sidewalks.18 Bill 100757 - Prohibiting vending on both sides of Broad between Washington and Bainbridge.19 Bill 100760 - Striking from City Plan, vacating legally-open portions of Fifth Street.20 COMMITTEE MEMBERS PRESENT: Frank DiCicco,21 Chair; Curtis Jones, Jr.; Bill Green; Donna Reed Miller; William K. Greenlee22 23 24 25 2 11/18/10 - STREETS & SERVICES - 1007521 COUNCILMAN DiCICCO: We2 normally would wait for a quorum, but3 with your permission, I think we can at4 least begin to take the testimony, and5 we'll have a quorum hopefully by the time6 we go into the public meeting.7 Currently, it's myself as the chair and8 Councilman Greenlee and Councilwoman9 Donna Reed Miller.10 So I'll ask Mr. McGonagle to11 read the title of the first bill.12 And I know all you City guys13 want to get back to work. You don't like14 being here and wasting your time.15

The Clerk

Bill No. 100752, an16 ordinance amending Chapter 10-700 of the17 Philadelphia Code, entitled "Refuse and18 Littering," by increasing the path of19 snow to be cleared on sidewalks, all20 under certain terms and conditions.21 COUNCILMAN DiCICCO: Anyone22 testifying on this bill? Mr. Buckley?23 (Witness comes forward.)24 COUNCILMAN DiCICCO: Sorry25 3 11/18/10 - STREETS & SERVICES - 1007521 about that. We now do have a quorum with2 Councilman Curtis Jones.3 Good afternoon, Mr. Buckley.4

Mr. Buckley

Good afternoon,5 Chairman DiCicco and members of the6 committee. Thank you for the opportunity7 to appear before you today. My name is8 Steve Buckley, and I serve as Deputy9 Commissioner for Transportation in the10 Philadelphia Streets Department, and I'm11 here today to offer testimony on Bill No.12 100752.13 This bill amends Chapter 10-70014 of the Philadelphia Code, entitled15 "Refuse and Littering," by amending16 Section 10-720, "Snow Removal From17 Sidewalks," to change the required width18 for snow removal from 30 inches to 3619 inches.20 The Philadelphia Streets21 Department is supportive of this proposed22 legislation. The current requirement of23 a 30-inch path to ensure clear passage on24 sidewalks, curb ramps, and access to25 4 11/18/10 - STREETS & SERVICES - 1007521 crosswalks does not give enough width for2 persons in wheelchairs to navigate3 sidewalks during snow days.4 Philadelphia prides itself on5 being a walkable city, and the narrowness6 of a 30-inch path also makes it difficult7 for passage of those pedestrians,8 particularly those who travel with9 children in tow or who have strollers.10 This request comes after a11 winter with a record 78 inches of snow.12 Thousands of people with disabilities13 were stranded, often for days, because of14 difficulties in navigating city walks.15 The Streets Department fully16 supports this change. Requiring a17 36-inch clearance will not create a18 significant burden for residents, and19 will help ensure that Philadelphia20 remains accessible to all citizens when21 snow is on the ground.22 Thank you for the opportunity23 to appear before you today, and I will be24 happy to answer any questions you may25 5 11/18/10 - STREETS & SERVICES - 1007521 have.2 COUNCILMAN DiCICCO: Thank you,3 Commissioner.4 Any questions for this witness5 from the committee?6

Councilwoman Miller

I just7 want to make a comment.8 COUNCILMAN DiCICCO:9 Councilwoman Miller?10

Councilwoman Miller

Good11 afternoon. I just want to thank you for12 your support of this bill. And it will13 make life much easier for those14 individuals that have physical15 disabilities and parents that are trying16 to push their strollers. I mean,17 everybody here is not able-bodied, and18 not everybody here in Philadelphia does19 have a car.20 So thank you. Thank you for21 your support.22 Thank you.23

Mr. Buckley

Thank you.24 COUNCILMAN DiCICCO: Thank you.25 6 11/18/20 STREETS & SERVICES - BILL 1005441 Any other questions?2 (No further questions.)3 COUNCILMAN DiCICCO: Thank you,4 Mr. Buckley.5

Mr. Buckley

Thank you, sir.6 COUNCILMAN DiCICCO: The clerk7 will please read the title of the next8 bill.9

The Clerk

Bill No. 100544, an10 ordinance amending Section 9-213 of the11 Philadelphia Code, entitled "Farmers'12 Markets," by adding as a permissible13 location the sidewalk of the east side of14 Germantown Avenue from Allens Lane to 17515 feet south, all under certain terms and16 conditions.17 (Witness comes forward.)18 COUNCILMAN DiCICCO:19 Mr. Haigler, how long you been around20 here?21

Mr. Haigler

Oh, about thirty22 years.23 COUNCILMAN DiCICCO: Okay, just24 curious.25 7 11/18/20 STREETS & SERVICES - BILL 1005441

Mr. Haigler

Good day, good2 afternoon, Chairman DiCicco and members3 of the committee. I am Otis Haigler,4 Jr., the Director of Legislative Affairs5 for the Department of Licenses and6 Inspections.7 Today I'm here to provide8 testimony on Bill 100544, which, if9 enacted, will amend Section 9-213,10 entitled "Farmers' Markets," to add the11 sidewalk on the east side of Germantown12 Avenue from Allens Lane to 175 feet south13 to the list of permissible locations14 where such activity may be conducted.15 The Department of Licenses and16 Inspections offers no objections to the17 enactment of this bill, and we are happy18 to answer any questions at this time.19 COUNCILMAN DiCICCO: Thank you,20 Mr. Haigler.21 Any questions for this witness?22 (No questions.)23 COUNCILMAN DiCICCO: Is there24 anyone else here wishes to testify for or25 8 11/18/20 STREETS & SERVICES - BILL 1007581 against this bill?2 (No response.)3 COUNCILMAN DiCICCO: Hearing4 none, the clerk will please read the5 title of the next bill.6 I've just been informed that7 Bill No. 100655 is being held at the8 request of the sons sponsor, so we'll9 move not to the other bill, where10 Mr. Denny will be testifying. That way11 you can get back to work, Charles.12 Thank you, Mr. Haigler.13 I just want to get this one and14 then we'll move on.15

The Clerk

Bill No. 100758, an16 ordinance establishing a two-way17 regulation on Spruce Street from 38th18 Parallel Place to Second Street.19 COUNCILMAN DiCICCO: Mr. Denny.20

Mr. Denny

Good afternoon,21 Mr. Chair and members of the committee.22 Thank you for the opportunity to appear23 before you today. My name is Charles24 Denny, Assistant Chief Traffic Engineer25 9 11/18/10 - STREETS & SERVICES - BILL 1007581 for the Department of Streets. I am here2 today to offer testimony on Bill No.3 100758.4 The Streets Department supports5 this bill. This block of Spruce Street6 was changed to a two-way on September 24,7 2010, pending the passage of City Council8 ordinance. This block has been9 operational for a year and has been10 operating satisfactorily since the11 conversion.12 Thank you for the opportunity13 to be before you today, and I'm happy to14 answer any questions.15 COUNCILMAN DiCICCO: Thank you.16 And thank you for the support and help17 with this over the last year or so.18 Any questions for this witness?19 Any comments?20 (No questions or comments.)21 COUNCILMAN DiCICCO: Is there22 anyone else here wishes to testify for or23 against this bill?24 (No response.)25 10 1 COUNCILMAN DiCICCO: Hearing2 none, the clerk will please read the3 title of the next bill.4 Thanks, Charles.5

Mr. Denny

Thank you.6

The Clerk

Bill No. 100655, an7 ordinance amending Chapter 12-2700 of the8 Philadelphia Code, entitled "Permit9 Parking Districts," by creating a new10 section providing for the -- I'm sorry11 I'm reading the wrong bill.12 COUNCILMAN DiCICCO: He's13 reading the wrong bill.14

The Clerk

Bill No. 100675, an15 ordinance amending Section 9-213 of the16 Philadelphia Code, entitled "Farmers'17 Markets," by adding as a permissible18 location the sidewalk of the east side of19 South 22nd Street between Cross Street20 and Tasker Street and the sidewalk of the21 south side of Wharton between Hollywood22 Street and 29th Street, all under certain23 terms and conditions.24

Mr. Haigler

Good afternoon,25 11 1 Councilman DiCicco and members of the2 committee. I am Otis Haigler, Jr.,3 Director of Legislative Affairs for the4 Department of Licenses and Inspections.5 Today I'm here to provide6 testimony on Bill 100675, which, if7 enacted, will amend Section 9-213,8 entitled "Farmers' Markets," to add the9 sidewalk on the east side of South 22nd10 Street between Cross Street and Tasker11 Street and the sidewalk on the south side12 of Wharton Street between Hollywood13 Street and 29th Street to the list of14 permissible locations where such activity15 may be conducted.16 The Department of Licenses and17 Inspections offers no objections to the18 enactment of this bill, and I will be19 happy to answer any questions at this20 time.21 COUNCILMAN DiCICCO: Thank you,22 Mr. Haigler.23 Any questions of this witness24 from the committee?25 12 1 (No questions.)2 COUNCILMAN DiCICCO: Is there3 anyone else here wishes to testify for or4 against this bill?5 (No response.)6 COUNCILMAN DiCICCO: Hearing7 none, the clerk will please read the8 title of the next bill.9

The Clerk

Bill No. 100757, an10 ordinance amending Section 9-205 of the11 Philadelphia Code, entitled "Sidewalk12 Sales," by prohibiting vending on both13 sides of Broad Street between Washington14 Avenue and Bainbridge Street, under15 certain terms and conditions.16

Mr. Haigler

Good afternoon,17 Chairman DiCicco and members of the18 committee. I am Otis Haigler, Jr.,19 Director of Legislative Affairs for the20 Department of Licenses and Inspections.21 Today I'm here to provide22 testimony on Bill 100757, which, if23 enacted, will prohibit sidewalk sales on24 both sides of Broad Street between25 13 1 Washington Avenue and Bainbridge Street.2 The Department of Licenses and3 Inspections offers no objection to the4 enactment of this bill, and I will be5 happy to answer any questions at this6 time.7 COUNCILMAN DiCICCO: Thank you,8 Mr. Haigler.9 Any questions of this witness10 from the committee?11 (No questions.)12 COUNCILMAN DiCICCO: Is there13 anyone else here wishes to testify for or14 against this bill?15 (No response.)16 COUNCILMAN DiCICCO: Hearing17 none, the clerk will please read the18 title of the next bill.19 Thank you, Mr. Haigler.20

Mr. Haigler

Thank you.21 COUNCILMAN DiCICCO: I look22 forward to the next thirty years.23

The Clerk

Bill No. 100680, an24 ordinance authorizing Brandywine Realty25 14 1 Trust, 555 East Lancaster Avenue, Suite2 100, Radnor, Pennsylvania, 19807, to3 legalize various existing sidewalk4 encroachments located on the east footway5 of Juniper Street between Sansom Street6 and Drury Street, the south footway of7 Drury Street at the intersection of8 Juniper Street and the north footway of9 Sansom Street at the intersection of10 Juniper Street, under certain terms and11 conditions.12 (Witness comes forward.)13

Ms. Brisbon

Good afternoon,14 Chairman DiCicco and members of the15 Streets and Services Committee. My name16 is Michelle Brisbon, and I am a staff17 engineer with the Department of Streets,18 and I'm here to offer testimony on Bill19 No. 100680.20 This bill authorizes Brandywine21 Realty Trust to maintain various22 encroachments in the form of bollards in23 the public right-of-way at the locations24 as noted in Bill No. 100680.25 15 1 The Streets Department has2 reviewed the plans for this project and3 supports the passage of the bill.4 COUNCILMAN DiCICCO: Thank you.5 Mr. Maile, do you have any6 comments?7 (No response.)8

Mr. Takoushian

Yes. My name9 is Steve Takoushian. I'm with Brandywine10 Realty Trust. I'm the director of11 construction.12 COUNCILMAN DiCICCO: Any13 comments, any statement? No?14

Mr. Takoushian

If there's any15 questions, I'd be happy to answer any16 questions.17 COUNCILMAN DiCICCO: All right.18 There are none that I can think of.19 Mr. Maile, we'll vote a20 suspension on this, I assume, right? A21 suspension of the rules?22 Okay, all right. Is there23 anyone else here to testify on this bill?24 (No response.)25 16 1 COUNCILMAN DiCICCO: Hearing2 none, the clerk will read the title of3 the next bill.4 Thanks.5

The Clerk

Bill No. 100684, an6 ordinance authorizing the Pennsylvania7 Academy of the Fine Arts, located at 1288 North Broad Street, to construct, own,9 and maintain various encroachments in its10 right-of-way on the west side of west11 side of North Broad Street between Arch12 and Race Streets, the east side of North13 Carlisle Street between Cherry and Race14 Streets, and the south side of Cherry15 Street between North Carlisle and Burns16 under certain terms and conditions.17 COUNCILMAN DiCICCO: Good18 afternoon again. Please identify19 yourself for the record and proceed with20 your testimony.21

Ms. Brisbon

Good afternoon,22 Chairman DiCicco and members of the23 Streets and Services Committee. My name24 is Michelle Brisbon, and I am a staff25 17 1 engineer with the Department of Streets,2 and I'm here to offer testimony on Bill3 No. 100684.4 This bill authorizes the5 Pennsylvania Academy of the Fine Arts to6 own and maintain various encroachments in7 the public right-of-way at the locations8 as noted in Bill No. 100684.9 The Streets Department has10 reviewed the plans for this project and11 supports the passage of the bill.12 (Witness comes forward.)13 COUNCILMAN DiCICCO: Good14 afternoon.15

Mr. Erickson

Good afternoon,16 Chairman DiCicco and members of the17 Streets and Services Committee. I am18 William Erickson, a city planner with the19 Development Planning Division of the20 Philadelphia City Planning Commission.21 I'm here to testify on Bill 100684, which22 was introduced into City Council by23 Councilman Darrell Clarke on October 21,24 2010. Street from Rè€! è€! @25 18 1 #ð–A#ð–#ð– ä#ð–#ð–#ð–@À#ð–ÁP%Àž2 À%Àž3 X%ÀžP%Àž`%ÀžT%ÀžÀ%Àž¨' ¦FREEÿÿÿÿ4 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ5 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ6 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ7 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ8 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ9 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ10 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ11 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ12 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ13 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ14 This concludes my testimony,15 and I'd be happy to answer any questions.16 COUNCILMAN DiCICCO: Thank you,17 Mr. Erickson.18 Any questions of this witness19 from the committee?20 (No questions.)21 COUNCILMAN DiCICCO: Is there22 anyone else here wishes to testify for or23 against this bill?24 (No response.)25 19 1 COUNCILMAN DiCICCO: Hearing2 none, the clerk will please read the3 title of the next bill.4

The Clerk

Bill No. 100711, an5 ordinance authorizing BIBA UC LLC, d/b/a6 as BIBA Wine Bar, at 3131 Walnut Street,7 Suite 1A, Philadelphia, Pennsylvania,8 19104, to legalize various existing9 encroachments and to construct, own, and10 maintain additional encroachments in the11 right-of-way located on the north footway12 of Walnut Street, under certain terms and13 conditions.14

Ms. Brisbon

Good afternoon,15 Chairman DiCicco and members of the16 Streets and Services Committee. My name17 is Michelle Brisbon, and I am a staff18 engineer with the Department of Streets,19 and I'm here to offer testimony on Bill20 No. 100711.21 This bill authorizes BIBA Wine22 Bar to maintain various encroachments in23 the public right-of-way at the locations24 as noted in Bill No. 100711.25 20 1 The Streets Department has2 reviewed the plans for this project and3 supports the passage of the bill.4 COUNCILMAN DiCICCO: Good5 afternoon.6

Mr. Myerow

Good afternoon.7 My name is Jonathon Myerow. I'm the8 owner of BIBA Wine Bar, and I'm here to9 answer any questions that you might have10 about the concept.11 COUNCILMAN DiCICCO: Do you12 have any other businesses in the City?13

Mr. Myerow

I actually have14 two other wine bars: Tria at --15 COUNCILMAN DiCICCO: Tria.16

Mr. Myerow

-- 18th and Sansom17 and 12th and Spruce. And we have a wine18 school at 16th and Walnut.19 COUNCILMAN DiCICCO: And you're20 looking to open a place at Passyunk and21 Greenwich, if I'm not mistaken.22

Mr. Myerow

Yes.23 COUNCILMAN DiCICCO: We would24 welcome you on Passyunk Avenue.25 21 1

Mr. Myerow

Thank you.2 COUNCILMAN DiCICCO: If you3 need any assistance in the future, let me4 know, please.5

Mr. Myerow

Thank you.6 COUNCILMAN DiCICCO: Any7 questions of this witness from the8 committee?9 (No questions.)10 COUNCILMAN DiCICCO: Seeing11 none, is there anyone else here wishes to12 testify?13 (No response.)14 COUNCILMAN DiCICCO: The clerk15 will please read the title of the next16 bill.17 Thank you.18

Mr. Myerow

Thank you.19 COUNCILMAN DiCICCO: And good20 luck to you.21

Mr. Myerow

Thank you.22

The Clerk

Bill No. 100715, an23 ordinance authorizing Mike Scotese, owner24 of Gray Lodge Pub, to construct, own, and25 22 1 maintain an open-air sidewalk café at2 6235 Frankford Avenue, under certain3 terms and conditions.4

Ms. Brisbon

Good afternoon,5 Chairman DiCicco and members of the6 Streets and Services Committee. My name7 is Michelle Brisbon, and I am a staff8 engineer with the Department of Streets,9 and I'm here to offer testimony on Bill10 No. 100715.11 This bill authorizes Mike12 Scotese, owner of Gray Lodge Pub, to13 construct, own, and maintain an14 encroachment in the form of open-air café15 on the sidewalk located 6235 Frankford16 Avenue. The sidewalk café consists of17 four tables and eight chairs encroaching18 approximately nine feet onto the east19 sidewalk of Frankford Avenue. This20 encroachment leaves approximately nine21 feet of clear, unobstructed footway for22 pedestrian traffic.23 The Streets Department has24 reviewed the plans for this project and25 23 1 supports the passage of the bill.2 COUNCILMAN DiCICCO: Thank you.3 Any questions of this witness4 from the committee?5 (No questions.)6 COUNCILMAN DiCICCO: Is there7 anyone else here wishes to testify for or8 against this bill?9 (No response.)10 COUNCILMAN DiCICCO: Hearing11 none, the clerk will please read the12 title of the next bill.13

The Clerk

Bill No. 100716, an14 ordinance authorizing Mt. Airy USA15 (MAUSA) to install in the Mt. Airy16 Business Improvement District (MABID) to17 own and maintain four benches on the east18 and west footway of Germantown Avenue19 from Mt. Airy Avenue to east Phil-Ellena20 Street, and two benches on the south21 footway of the unit block of West Mt.22 Pleasant Avenue, all under certain terms23 and conditions.24

Ms. Brisbon

Good afternoon,25 24 1 Chairman DiCicco and members of the2 Streets and Services Committee. My name3 is Michelle Brisbon, and I am a staff4 engineer with the Department of Streets,5 and I'm here to offer testimony on Bill6 No. 100716.7 This bill authorizes Mt. Airy8 USA (MAUSA) to install in the Mt. Airy9 Business Improvement District (MABID) to10 own and maintain various encroachments in11 the public right-of-way at the locations12 as noted in Bill No. 100716.13 The Streets Department has14 reviewed the plans for this project and15 supports the passage of this bill.16 COUNCILMAN DiCICCO: Thank you.17 Any questions of this witness18 from the committee?19 (No questions.)20 COUNCILMAN DiCICCO: Is there21 anyone else here wishes to testify for or22 against this bill?23 (No response.)24 COUNCILMAN DiCICCO: Hearing25 25 1 none, the clerk will please read the2 title of the next bill.3

The Clerk

Bill No. 100717, an4 ordinance authorizing CM123, LLC, trading5 as The Wishing Well, to construct, own,6 and maintain an open-air sidewalk café,7 at 767 South Ninth Street, under certain8 terms and conditions.9

Ms. Brisbon

Good afternoon,10 Chairman DiCicco and members of the11 Streets and Services Committee. My name12 is Michelle Brisbon, and I am a staff13 engineer with the Department of Streets,14 and I'm here to offer testimony on Bill15 No. 100717.16 This bill authorizes CM123, LLC17 The Wishing Well, to construct, own, and18 maintain an encroachment in the form of19 an open-air café on the sidewalk located20 at 767 South Ninth Street.21 The sidewalk café consists of22 the following: One table and two chairs23 encroaching approximately two feet onto24 the east sidewalk of South Ninth Street,25 26 1 leaving approximately seven-feet-eight-2 inches of clear, unobstructed footway for3 pedestrian traffic; and four tables and4 eight chairs encroaching approximately5 two feet onto the north sidewalk of6 Catharine Street, leaving approximately7 6-foot-4 inches of clear, unobstructed8 the footway.9 The Streets Department has10 reviewed the plans for this project and11 supports its passage of this bill.12 COUNCILMAN DiCICCO: Thank you.13 Mr. Chapman.14

Mr. Chapman

Good afternoon.15 Good afternoon, Mr. Chairman and members16 of the committee. My name's Tom Chapman,17 and I'm an attorney with Blank Rome here,18 in Philadelphia, and we represent the19 interested parties in the legislation20 before you this afternoon,21 Mr. Christopher Martino and Mr. Capello,22 owners of The Wishing Well. With me here23 today are Mr. Capello as well as Reed24 Lyons, who's also an attorney at Blank25 27 1 Rome.2 I've handed up some documents3 in that binder for your consideration.4 There's some photographs of the property5 in question as well as photographs of the6 four corners at Ninth and Catherine7 Street.8 Included in the intercession9 photos is a photo of the property at the10 time when the business was known as11 "Bombino's." I wanted you to see that12 photograph because in the photo, you can13 see many of what are characterized as14 sidewalk encroachments -- the landings,15 the exhaust vents, the overhang of the16 building on the second floor. These17 improvements were all done before they18 purchased the business.19 We've been required by the20 Streets Department to rightfully include21 these provisions in the legislation22 that's before you.23 So you could see from the24 photographs, the area immediately25 28 1 surrounding the properties is mixed,2 although mostly residential in nature,3 while the four corners are all commercial4 properties.5 I've also given you a copy of6 the plan that was approved by the Streets7 and the community and which is required8 by the Streets Department as part of a9 submission for a sidewalk café.10 I'm also giving you a copy of a11 letter of support Greg Pastore, who's the12 co-chair of the Zoning Committee of the13 Bella Vista Town Watch, and the binder14 also contains a copy of our memorandum of15 understanding with Bella Vista.16 That document was executed by17 my clients and by Greg Pastore on behalf18 of the community. And as part of our19 agreement with the community, we would20 ask that Council include the memorandum21 of understanding as an attachment to the22 legislation.23 As was previously stated, the24 bill would authorize the owners to25 29 1 operate a rather modest outdoor café at2 767 South Ninth Street with just five3 tables and ten chairs total. We're not4 proposing any rails along either street5 frontage. And even with the chairs and6 tables in operation, there's still plenty7 of clear sidewalk.8 I was just going to ask --9 Mr. Capello would like to say a few10 words, and I was going to ask Mr. Capello11 to come up and say his name for the12 record.13 Thank you for scheduling this14 hearing, by the way. Thank you.15 COUNCILMAN DiCICCO: Thank you.16

Mr. Capello

My name is Carmen17 Capello; I'm one of the co-owners of The18 Wishing Well. And I just want to thank19 you, Councilman DiCicco, for introducing20 this ordinance for us.21 COUNCILMAN DiCICCO: Thank you.22 And good luck with your business.23

Mr. Capello

Thank you.24 COUNCILMAN DiCICCO: Thank you.25 30 1 Thank you, Tom.2 Any other questions for these3 witnesses?4 (No questions.)5 COUNCILMAN DiCICCO: Seeing6 none, the clerk will read the title of7 the first bill.8

The Clerk

Bill No. 100718, an9 ordinance to authorize Fabio Scarpelli,10 owner of La Golosa, Inc., to construct,11 own, and maintain an open-air sidewalk12 café at 806 South Sixth Street, under13 certain terms and conditions.14

Ms. Brisbon

Good afternoon,15 Chairman DiCicco and members of the16 Streets and Services Committee. My name17 is Michelle Brisbon, and I am a staff18 engineer with the Department of Streets,19 and I'm here to offer testimony on Bill20 100718.21 This bill authorizes Fabio22 Scarpelli, owner of La Galosa,23 Incorporated, to construct, own, and24 maintain an encroachment in the form of25 31 1 an open-air café on the sidewalk located2 at 806 South Sixth Street.3 The sidewalk café consists of4 two tables and four chairs encroaching5 approximately 3-feet-6 inches onto the6 west sidewalk of South Sixth Street,7 leaving approximately five feet of clear,8 unobstructed footway for pedestrian9 traffic.10 The Streets Department has11 reviewed the plans for this project and12 supports the passage of the bill.13 COUNCILMAN DiCICCO: Thank you.14 Any questions of this witness15 from the committee?16 (No questions.)17 COUNCILMAN DiCICCO: Is there18 anyone else here wishes to testify for or19 against this bill?20 (No response.)21 COUNCILMAN DiCICCO: Hearing22 none, the clerk will please read the23 title of the next bill.24

The Clerk

Bill No. 100719, an25 32 1 ordinance authorizing Frank Border, owner2 of Francoluigi's Restaurant, to3 construct, own, and maintain an open-air4 sidewalk café at 1549 South 13th Street,5 under certain terms and conditions.6

Ms. Brisbon

Good afternoon,7 Chairman DiCicco and members of the8 Streets and Services Committee. My name9 is Michelle Brisbon, and I am a staff10 engineer with the Department of Streets,11 and I'm here to offer testimony on Bill12 No. 100719.13 This bill authorizes Frank14 Borda, owner of Francoluigi's Restaurant,15 to construct, own, and maintain an16 encroachment in the form of an open-air17 café on the sidewalk located at 154918 South 13th Street.19 The sidewalk café consists of20 the following: Six tables and twelve21 chairs encroaching approximately two feet22 onto the east sidewalk of South 13th23 Street, leaving approximately seven feet24 of clear, unobstructed footway for25 33 1 pedestrian traffic; and eight tables and2 sixteen chairs encroaching approximately3 four feet onto the north sidewalk of4 Tasker Street, leaving approximately5 seven feet of clear, unobstructed footway6 for pedestrian traffic.7 The Streets Department has8 reviewed the plans for this project and9 supports the passage of the bill.10 COUNCILMAN DiCICCO: Any11 questions of this witness from the12 committee?13 (No questions.)14 COUNCILMAN DiCICCO: Is there15 anyone else here wishes to testify for or16 against this bill?17 (No response.)18 COUNCILMAN DiCICCO: Hearing19 none, the clerk will please read the20 title of the next bill.21

The Clerk

Bill No. 100723, an22 ordinance authorizing Rameshchandra23 Patel, owner and operator of the24 newsstand located on the northwest corner25 34 1 of 16th Street and Chestnut Street, to2 construct, use, and maintain conduits in,3 under, and across the northwest corner of4 16th Street and Chestnut Street for the5 purpose of supplying electrical service6 and telephone service to the newsstand,7 under certain terms and conditions.8

Ms. Brisbon

Good afternoon,9 Chairman DiCicco and members of the10 Streets and Services Committee. My name11 is Michelle Brisbon, and I am a staff12 engineer with the Department of Streets,13 and I'm here to offer testimony on Bill14 100723.15 This bill authorizes16 Rameshchandra Patel, owner and operator17 of the newsstand located on the northwest18 corner of 16th Street and Chestnut19 Street, to construct, use, and maintain20 conduits in, under, and across the21 northwest corner of 16th Street and22 Chestnut Street for the purpose of23 supplying electrical service and24 telephone service to the newsstand.25 35 1 The Streets Department has2 reviewed the plans for this project and3 supports the passage of this bill.4 COUNCILMAN DiCICCO: Any5 questions of this witness from the6 committee?7 (No questions.)8 COUNCILMAN DiCICCO: Is there9 anyone else here wishes to testify for or10 against this bill?11 (No response.)12 COUNCILMAN DiCICCO: Thank you13 Miss Brisbon?14

Ms. Brisbon

Yes.15 COUNCILMAN DiCICCO: Did I16 pronounce it right?17

Ms. Brisbon

Yes.18 COUNCILMAN DiCICCO: And we'll19 move to the next panel, Mr. Erickson and20 Mr. Morelli.21 (Witnesses come forward.)22 COUNCILMAN DiCICCO: And the23 clerk will please read the title of the24 first bill.25 36 1

The Clerk

Bill No. 100464, an2 ordinance authorizing the revision of3 lines and grades on a portion of City4 Plan No. 58 by striking from the City5 Plan and vacating Olive Street from Tenth6 Street to Hutchinson Street and7 Hutchinson Street from Olive Street to8 Brown Street, under certain terms and9 conditions.10

Mr. Morelli

Good afternoon,11 Mr. Chairman and members of the12 committee. My name is Frank Morelli,13 Survey Bureau Manager of the Department14 of Streets, and the Department of Streets15 would like to offer the following16 testimony on Bill No. 100464.17 This is not an Administration18 ordinance but an ordinance requested by19 Mt. Yatsun Wen, President of Nature Soy,20 Incorporated, 713 North Tenth Street,21 Philadelphia, PA.22 The purpose of this ordinance23 is to authorize the striking from the24 City Plan and vacating of Olive Street25 37 1 from Tenth Street to Hutchinson Street,2 and Hutchinson Street from Olive Street3 to Brown Street.4 This action will facilitate5 plans by the abutting owner, a producer6 and supplier of soy and vegetarian food7 product, to expand their business at this8 location.9 The streets proposed to be10 stricken are currently not physically11 open, and the City is not desirous of12 reopening them to public traffic.13 This ordinance is supported by14 the Department of Streets and is15 recommended to your committee for16 favorable action.17

Mr. Erickson

Good afternoon,18 Chairman DiCicco and members of the19 Streets and Services Committee. I am20 William Erickson, a city planner with the21 Development Planning Division of the22 Philadelphia City Planning Commission. I23 am here to testify on Bill 100464, which24 was introduced by City Councilman Darrell25 38 1 Clarke on June 10, 2010..nStreet to allow2 other ones thP( hP( `˜'@3 ˜'@4 ˜'A˜'@h/Ah/87 ä875 8787@À?MPðBÁPðBM6 !ÀJÁP!ÀJ¨!ÀJFREEÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ7 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ8 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ9 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ10 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿÿ11 ÿÿÿÿÿÿÿÿÿÿÿÿÿÿ12 COUNCILMAN DiCICCO: Thank you.13 Any questions of these14 witnesses from the committee?15 (No questions.)16 COUNCILMAN DiCICCO: Is there17 anyone else here wishes to testify for or18 against this bill?19 (No response.)20 COUNCILMAN DiCICCO: Hearing21 none, the clerk will please read the22 title of the next bill.23

The Clerk

Bill No. 100676, an24 ordinance authorizing the revision of25 39 1 lines and grades on a portion of City2 Plan No. 149 by striking from the City3 Plan and vacating the legally-open4 portions of Hartwell Lane from a point5 approximately 277 feet southwest of6 Seminole Street to a point approximately7 64 feet further southwestwardly therefrom8 and reserving and placing on the City9 Plan right-of-way for water main purposes10 and public utility purposes within the11 lines of the portion of Hartwell Lane12 being stricken, and authorizing13 acceptance of the grant to the City of14 said right-of-way, under certain terms15 and conditions.16 COUNCILMAN DiCICCO: Thank you.17

Mr. Morelli

The Department of18 Streets would like to offer the following19 testimony on Bill No. 100676.20 This is not an Administration21 ordinance but an ordinance requested by22 SEPTA, Francis M. Jones, 1234 Market23 Street, Philadelphia, PA, 19107.24 The purpose of this ordinance25 40 1 is to authorize the striking from the2 City Plan and vacating the legally-open3 portions of Hartwell lane from a point4 approximately 127 feet southwest of5 Seminole Street to a point approximately6 64 feet further southwesterly therefrom7 within the lines of the SEPTA Chestnut8 Hill West regional rail line; and the9 reserving and placing on the City Plan of10 a right-of-way for water main purposes11 and public utility purposes within the12 lines of the portion of Hartwell Lane13 being stricken.14 The portion of Hartwell Lane15 proposed to be stricken is not currently16 open to vehicular traffic. The striking17 of this portion of Hartwell Lane has been18 requested by SEPTA so that SEPTA may19 permanently remove an existing foot20 bridge at this location, which is21 currently in a state of disrepair, and22 better secure the area against loitering23 and trespassing and other elicit24 behavior.25 41 1 This ordinance is supported by2 the Department of Streets and is3 recommended to your committee for4 favorable action.5 COUNCILMAN DiCICCO: Thank you.6 Any questions of this witness7 from the committee?8 (No questions.)9 COUNCILMAN DiCICCO: Is there10 anyone else here wishes to testify for or11 against this bill?12 (No response.)13 COUNCILMAN DiCICCO: Hearing14 none -- oh, I'm sorry. I didn't get your15 testimony, did I?16

Mr. Erickson

Good afternoon,17 Chairman DiCicco and members of the18 Streets and Services Committee. I am19 William Erickson, a city planner with the20 Development Planning Division of the21 Philadelphia City Planning Commission. I22 am here to testify on Bill 100676, which23 was introduced by Councilmember Miller on24 October 21, 2010.25 42 1 This bill authorizes the2 striking from the City Plan and vacating3 the legally-open portions of Hartwell4 Lane across the SEPTA railroad right-of-5 way and placement of a right-of-way for6 water, main, and public utility purposes.7 The purpose of Bill No. 1006768 is to strike Hartwell Lane over the SEPTA9 railroad tracks to allow the removal of a10 pedestrian bridge. This was at the11 request of the community, after several12 homes were broken into by persons13 believed to be hanging out at the bridge.14 Furthermore, the neighbors believe that15 the bridge is a nuisance and that it is16 in poor condition. The pedestrian bridge17 has been removed but SEPTA.18 The Planning Commission19 reviewed this action at its meeting on20 November 16, 2010, and recommends the21 approval of this bill. Therefore, the22 Planning Commission recommends that Bill23 No. 100676 be approved.24 This concludes my testimony.25 43 1 COUNCILMAN DiCICCO: Thank you.2 Any questions of this witness3 from the committee?4 (No questions.)5 COUNCILMAN DiCICCO: Is there6 anyone else here wishes to testify for or7 against this bill?8 (No response.)9 COUNCILMAN DiCICCO: Hearing10 none, the clerk will please read the11 title of the next bill.12

The Clerk

Bill No. 100679, an13 ordinance, authorizing the revision of14 lines and grades on portions of various15 City Plans within the vicinity of the16 Delaware Expressway (I-95) from the Vine17 Street Expressway (I-676) to the18 Philadelphia Bucks County line, by19 placing on the City Plan, striking from20 the City Plan, relocating, and revising21 portions of the Delaware Expressway its22 rights-of-way, interchanges, and land23 connections, and placing on the City Plan24 and striking from the City Plan,25 44 1 vacating, abandoning, relocating, and2 revising the lines and grades of3 intersecting and adjacent streets, roads,4 avenues, and rights-of-way affected5 thereby, all in order to conform with the6 lines and conditions established by the7 Commonwealth of Pennsylvania.8

Mr. Morelli

The Department of9 Streets would like to offer the following10 testimony on Bill No. 100679.11 This is not an Administration12 ordinance but an ordinance requested by13 Mr. Ben Scurry, Office of Chief Counsel,14 Commonwealth of Pennsylvania, Department15 of Transportation, Harrisburg, PA.16 The purpose of this ordinance17 is to authorize revisions to the City18 Plan made necessary by PennDOT's "9519 Revive" project, which will reconstruct20 and improve the Delaware Expressway21 (I-95) from the Vine Street Expressway22 (I-676) to the Philadelphia-Bucks County.23 The work undertaken by PennDOT will widen24 and relocate portions of the expressway25 45 1 and its right-of-way interchanges and2 reconfigure various interchanges and ramp3 connections, and will also involve4 widening, relocating, revising, and5 eliminating various City streets and6 rights-of-way.7 This authorization will enable8 the Streets Department to revise its9 roads and rights-of-way records to10 conform with the lines and conditions11 established by PennDOT.12 This ordinance is supported by13 the Department of Streets and is14 recommended to your committee for15 favorable action.16

Mr. Erickson

Good afternoon,17 Chairman DiCicco and members of the18 Streets and Services Committee. I am19 William Erickson, a city planner with the20 Development Planning Division of the21 Philadelphia City Planning Commission.22 I'm here to testify on Bill 10069, which23 was introduced by Councilmembers DiCicco24 and Krajewski on October 21, 2010.25 46 1 This ordinance authorizes the2 revision of lines and grades on portions3 of various City Plans within the vicinity4 of the Delaware I-95 Expressway from the5 Vine Street Expressway (I-676) to the6 Philadelphia-Bucks County line by placing7 on the City Plan... all in order to8 conform to the lines and grades and9 conditions established by the10 Commonwealth of Pennsylvania.11 The purpose of Bill No. 10067612 is to authorize the Streets Department to13 make revisions to certain City Plans to14 conform to lines and grades after the15 I-95 reconstruction project.16 The Planning Commission17 reviewed this action at its meeting on18 November 16, 2010, and recommends19 approval of this bill. Therefore, the20 Planning Commission recommends that Bill21 No. 100679 be approved.22 This concludes my testimony.23 COUNCILMAN DiCICCO: Thank you.24 Any questions of this witness25 47 1 from the committee?2 (No questions.)3 COUNCILMAN DiCICCO: Is there4 anyone else here wishes to testify for or5 against this bill?6 (No response.)7 COUNCILMAN DiCICCO: Hearing8 none, the clerk will please read the9 title of the next bill.10

The Clerk

Bill No. 100681, an11 ordinance authorizing the revision of12 lines on a portion of City Plan No. 30713 by striking from the City Plan and14 vacating Ridge Avenue from Vine Street to15 the intersection of Eighth Street and16 Race Streets, and reserving and placing17 on the City Plan a right-of-way for18 various purposes within the lines of19 Ridge Avenue being stricken, and20 authorizing the acceptance of the grant21 to the City of the said right-of-way,22 under certain terms and conditions.23

Mr. Morelli

The Department of24 Streets would like to offer the following25 48 1 testimony on Bill No. 100681.2 This is not an Administration3 ordinance but an ordinance requested by4 Mr. Robert M. LaBrum, a project manager,5 at the Redevelopment Authority, 12346 Market Street, Philadelphia, PA.7 The purpose of this ordinance8 is to authorize the striking from the9 City Plan and vacating of Ridge Avenue10 from Vine Street to the intersection of11 Eighth Street and Race Street, and the12 reserving and placing on the City Plan of13 a right-of-way for sewer and drainage14 purposes, water main purposes, gas main15 purposes, public utility purposes, and16 subsurface public transportation purposes17 within the lines of the portion of Ridge18 Avenue being stricken.19 The portion of Ridge Avenue20 proposed to be stricken is currently not21 physically open, and the City is not22 desirous of opening it to public traffic.23 This action will facilitate plans by the24 Redevelopment Authority to assemble land25 49 1 at this site for the development.2 This ordinance is supported by3 the Streets Department and is recommended4 to your committee for favorable action.5

Mr. Erickson

Good afternoon,6 Chairman DiCicco and members of the7 Streets and Services Committee. I am8 William Erickson, a city planner with the9 Development Planning Division of the10 Philadelphia City Planning Commission. I11 am here to testify on Bill 100681, which12 was introduced by Councilmember DiCicco13 on October 21, 2010.14 Bill No. 100681 authorizes the15 striking from the City Plan and the16 vacating of Ridge Avenue from Vine Street17 to the intersection of Eighth and Race.18 The purpose of this bill is to19 create a more redevelopable site in the20 block bounded by Eighth Street, Ninth21 Street, Race, and Vince Street by22 removing this encumbrance. The23 acquisition of the property at this24 location was part of the Center City25 50 1 Redevelopment Area -- Fourth Amended2 Redevelopment Proposal. These properties3 were to be acquired to create a4 developable parcel.5 The Planning Commission6 approved this action at its meeting on7 April 20, 2004. The Planning Commission8 staff has determined that this action is9 consistent with its previous action and10 recommends approval of this bill.11 Therefore, the Planning Commission12 recommends that Bill No. 100681 be13 approved.14 This concludes my testimony.15 COUNCILMAN DiCICCO: Thank you.16 Any questions for these17 witnesses?18 (No questions.)19 COUNCILMAN DiCICCO: Also let20 the record reflect that Councilman Green,21 who is a member of this committee, is in22 attendance.23 The clerk will please read the24 title of the next bill.25 51 1

The Clerk

Bill No. 100682, an2 ordinance authorizing the Streets3 Commissioner, on behalf of the City, to4 enter into an agreement with the5 Commonwealth of Pennsylvania for the6 grant to the City of the right-of-way for7 sewer and drainage purposes extending8 through a portion of a property located9 at the northwest corner of 13th and Arch10 Streets, and authorizing the plotting11 upon City Plan No. 307 of the said12 right-of-way.13

Mr. Morelli

The Department of14 Streets would like to offer the following15 testimony on Bill No.16 This is not an Administration17 ordinance but -- excuse me. This is an18 Administration ordinance requested by the19 Commonwealth of Pennsylvania, Department20 of General Counsel, Michael F. Eichert,21 Chief Counsel, North Office Building, 50022 North Street, Harrisburg, PA.23 The purpose of this ordinance24 is to authorize an agreement between the25 52 1 City and the Commonwealth of Pennsylvania2 for a grant to the City for a3 right-of-way for sewer and drainage4 purposes extending through a portion of5 property located at 13th Street and Arch6 Street.7 The right-of-way being8 established by this agreement will9 encompass a 42-inch-in-diameter sewer,10 which has been relocated at this area as11 part of the construction of the expanded12 Pennsylvania Convention Center.13 This ordinance is supported by14 the Department of Streets and is15 recommended to your committee for16 favorable recommendation.17

Mr. Erickson

Good afternoon,18 Chairman DiCicco and members of the19 Streets and Services Committee. I am20 William Erickson, a city planner with the21 Development Planning Division of the22 Philadelphia City Planning Commission.23 I'm here to testify on Bill 100682, which24 was introduced by Councilmember DiCicco25 53 1 on October 21, 2010.2 This bill authorizes the3 Streets Department, on behalf of the4 City, to enter into an agreement with the5 Commonwealth of Pennsylvania for the6 granting to the City of a right-of-way7 for sewage and drainage purposes8 extending to a portion of the property9 located at the northwest corner of 13th10 and Arch Street. The purpose of Bill No.11 100682 is to place a right-of-way over an12 existing sewer at this location.13 The Planning Commission14 reviewed this action at its meeting on15 November 16, 2010, and recommends16 approval of this bill. Therefore, the17 Planning Commission recommends that Bill18 No. 100628 be approved.19 This concludes my testimony.20 COUNCILMAN DiCICCO: And this21 is legalizing the right-of-way. Okay,22 thanks.23 Any questions of this witness24 from the committee?25 54 1 (No questions.)2 COUNCILMAN DiCICCO: Is there3 anyone else here wishes to testify for or4 against this bill?5 (No response.)6 COUNCILMAN DiCICCO: Hearing7 none, the clerk will please read the8 title of the next bill.9

The Clerk

Bill No. 100683, an10 ordinance amending Section 2 of an11 ordinance, Bill No. 080434, approved July12 2, 2008, entitled, "An ordinance13 authorizing and directing the revision of14 lines and grades on a portion of City15 Plan No. 271 by striking from the City16 Plan and vacating a portion of Leithgow17 Street south of Reno Street, and for the18 reserving and placing on the City Plan a19 right-of-way for public utility purposes20 within the lines of Leithgow Street being21 stricken, all under certain terms and22 conditions," by extending the period for23 compliance with the terms and conditions24 stated therein.25 55 1

Mr. Morelli

The Department of2 Streets would like to offer the following3 testimony on Bill No.4 This is not an Administration5 ordinance but an ordinance requested by6 Ronald J. Patterson of Klehr, Harrison,7 Harvey, Branzburg & Ellers, 260 South8 Broad Street, Philadelphia, PA.9 The purpose of this ordinance10 is to amend a previous ordinance, Bill11 No. 080434, which authorizes the striking12 and vacating of a dead-end portion of13 Leithgow Street south of Reno Street, and14 placing on the City Plan of a15 right-of-way for public utility purposes16 within the area being stricken.17 The proposed amendment will18 extend the time period for compliance19 with the terms and conditions of the20 authorizing ordinance for an additional21 two years. This action will facilitate22 the development of 25 market-rate23 residential condominium units.24 This ordinance is supported by25 56 1 the Department of Streets and is2 recommended to your committee for3 favorable recommendation.4

Mr. Erickson

Good afternoon,5 Chairman DiCicco and members of the6 Streets and Services Committee. I am7 William Erickson, a city planner with the8 Development Planning Division of the9 Philadelphia City Planning Commission.10 I'm here to testify on Bill 100683, which11 was introduced by Councilmember Clarke12 October 21, 2010.13 Bill No. 100683 grants a time14 extension to Bill No. 080434, approved15 July 2, 2008, entitled, "An ordinance16 authorizing and striking from the City17 Plan and vacating a portion of Leithgow18 Street south of Reno Street."19 The purpose of this Streets20 ordinance is a time extension to allow21 the striking and vacating of a 20-foot-22 wide dead-end street to allow the owners23 of Liberty Duck, LP to construct two24 condominium buildings containing a total25 57 1 of 25 dwelling units.2 The Planning Commission3 reviewed Streets Bill 080434 at its4 meeting on May 20, 2008, and recommends5 approval of this bill. Therefore, the6 Planning Commission recommends that Bill7 No. 100683 be approved.8 This concludes my testimony.9 COUNCILMAN DiCICCO: Thank you.10 Any questions from the11 committee?12 (No questions.)13 COUNCILMAN DiCICCO: Anyone14 else here to testify for or against this15 bill?16 (No response.)17 COUNCILMAN DiCICCO: Seeing18 none, the clerk will read the title of19 the next bill.20

The Clerk

Bill No. 100760, an21 ordinance authorizing the revisions of22 lines and grades on a portion of City23 Plan No. 307 by striking from the City24 Plan and vacating the legally-open25 58 1 portions of Fifth Street from Race Street2 to Vine Street, and reserving and placing3 on the City Plan a right-of-way for4 drainage and water main purposes within5 the lines of Fifth Street being stricken,6 relocating the lines and reducing the7 width of Florist Street from Third Street8 to Fourth Street, placing on the City9 Plan Seventh Street from Race Street to10 Franklin Street, and striking from the11 City Plan the northerly 27-feet-wide12 portion of Race Street from Franklin13 Street to Eighth Street, authorizing the14 conveyance of the City-owned portion of15 the bed of Fifth Street being stricken to16 the Delaware River Port Authority, and17 authorizing the opening of the northerly18 47-feet-wide portion of Race Street from19 Sixth Street to Franklin Street, and the20 opening of Seventh Street from Race21 Street to Franklin Street.22

Mr. Morelli

The Department of23 Streets would like to offer the following24 testimony on Bill No. 100760.25 59 1 This is an Administration2 ordinance requested by David J. Perry,3 Chief Engineer of the Department of4 Streets, 1401 JFK Boulevard,5 Philadelphia, PA, in coordination with6 the Delaware River Port Authority.7 The purpose of this ordinance8 is to authorize various revisions to the9 City Plan in the vicinity of the Benjamin10 Franklin Bridge approach. The purpose of11 these actions is to amend the City Plan12 to conform more closely with the existing13 conditions and to better the ownership14 and maintenance responsibilities of the15 City and the Delaware River Port16 Authority for the affected areas.17 This ordinance is supported by18 the Department of Streets and is19 recommended to your committee for20 favorable action.21

Mr. Erickson

Good afternoon,22 Chairman DiCicco and members of the23 Streets and Services Committee. I am24 William Erickson, a city planner with the25 60 1 Development Planning Division of the2 Philadelphia City Planning Commission.3 I'm here to testify on Bill 100760, which4 was introduced by Councilmember DiCicco5 on October 21, 2010.6 Streets Bill 100780 strikes and7 vacates Fifth Street from Race to Vine;8 places a drainage right-of-way within the9 lines of the stricken Fifth Street;10 conveys the stricken Fifth Street to the11 Delaware River Port Authority; it also12 reduces the width of Florist Street from13 Third Street to Fourth Street; places14 Seventh Street from Race Street to15 Franklin Street on the City's Plan;16 strikes a portion of Race Street from17 Franklin to Eighth Street; and opens a18 portion of Eighth Street from Sixth to19 Franklin; and opens Seventh Street from20 Race to Franklin Street. This Streets21 Bill will:22 Strike and vacate Fifth Street23 from the City Plan and place it under the24 control of DRPA, who currently maintains25 61 1 a tunnel under the bridge;2 Relocate or narrow the lines of3 Florist Street from Third Street to4 Fourth Street to legalize the existing5 condition;6 Legalize the existing condition7 at Seventh Street from Race Street to8 Franklin Street;9 Open the northerly 47-foot-wide10 portion of Race Street from Sixth Street11 to Franklin Street; and12 Strike from the City Plan the13 northwesterly 27-feet-wide portion of14 Race Street from Franklin. This is a15 grass area north of Race Street between16 Franklin and Eighth.17 The Planning Commission18 reviewed Bill No. 100760 at its meeting19 on November 16, 2010, and recommends20 approval of this bill. Therefore, the21 Planning Commission recommends Bill No.22 100760 be approved.23 This concludes my testimony.24 COUNCILMAN DiCICCO: Thank you.25 62 1 Any questions for these2 witnesses?3 (No questions.)4 COUNCILMAN DiCICCO: Anyone5 else to testify on this bill?)6 (No response.)7 COUNCILMAN DiCICCO: Hearing8 none, this concludes the public hearing,9 and we will now go into the public10 meeting.11 I will ask Councilman Greenlee12 to make a motion on all of the bills we13 heard, with the exception of Bill No.14 100655, which is being held at the15 request of the sponsor.16

Councilman Greenlee

Thank17 you, Mr. Chair.18 I move that the following19 bills, 100446, 544, 675, 676, 679, 680,20 681, 682, 683, 684, 711, 715, 716, 717,21 718, 719, 723, 752, 757, 758, 760, that22 all those bills be reported out of this23 committee with a favorable24 recommendation, and move further that the25 63 1 rules of Council be suspended to allow2 for first reading at our next session of3 Council.4 (Motion duly seconded.)5 COUNCILMAN DiCICCO: It's been6 properly moved and seconded that the7 bills that have just read into the record8 be reported out of this committee with a9 favorable recommendation and that the10 rules of Council be suspended.11 All those in favor will signify12 by saying aye.13 These opposed?14 (There are none opposed.)15 COUNCILMAN DiCICCO: Thank you.16 This concludes the public17 meeting of the Committee on Streets and18 Services.19 Thank you for attending.20 (Proceedings end at 3:08 p.m.)21 * * *22 23 24 25 64 C E R T I F I C A T E2 I HEREBY CERTIFY that the4 proceedings of the City of Philadelphia5 Council Committee on Streets and Services are6 contained fully and accurately in the7 stenographic notes taken by me on Thursday,8 November 18, 2010, and that this is a true and9 correct statement of same.10 11 12 13 __________________________________ 14 JOSEPHINE CARDILLO Registered Professional Reporter15 16 17 18 19 20 (The foregoing certification of21 this transcript does not apply to any22 reproduction of the same by any means, unless23 under the direct control and/or supervision of24 the certifying reporter.)25