Committee Hearing, November 29, 2011

COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON STREETS AND SERVICES3 Room 400, City Hall6 Philadelphia, Pennsylvania Tuesday, November 29, 20117 1:20 p.m. PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR10 COUNCILMAN BILL GREEN COUNCILMAN WILLIAM K. GREENLEE11 COUNCILMAN CURTIS JONES, JR. COUNCILWOMAN DONNA REED MILLER12 BILLS 110308, 110309, 110449, 110520, 110647,14 110663, 110720, 110721, 110734, 110735, 110736, 110737, 110738, 110764, 110765,15 110767, 110785, 110786, 110794, 110795, 110796, 110797, 110827, 110828, 110840, 11084316 and 110849 - - -18 2 COUNCILMAN DiCICCO: Good2 afternoon, everyone, and thank you. I3 apologize for the delay. We are waiting4 for at least two other members of this5 Committee to establish a quorum.6 However, we can get started at least with7 the testimony on those issues relating to8 the parking regulations, which are9 normally non-controversial, and I'm sure10 by the time we get through a couple of11 those, we will have a quorum.12 My name is Councilman DiCicco.13 To my immediate left is Councilman14 Greenlee, who is a member of the Streets15 and Services Committee.16 So with that, I will ask17 Mr. McMonagle to please read the title of18 the first bill.19

Bill No. 110735, an20 ordinance establishing a parking21 regulation on Durfor Street, south side,22 11th Street to 12th Street.23 COUNCILMAN DiCICCO: Please24 approach the witness table.25 11/29/11 - STREETS - BILL 110308, ETC.1 (Witness approached witness2 table.)3

Good morning,4 Council. My name is Dionne Bracley,5 Analyst III for the Philadelphia Parking6 Authority, Planning and Analyst7 Department. Thank you for allowing me to8 testify before Council.9 The Philadelphia Parking10 Authority has no objection to the bill11 previously read before Council and12 recommends favorable consideration.13 COUNCILMAN DiCICCO: Thank you.14 Any questions for this witness?15 (No response.)16 COUNCILMAN DiCICCO: Anyone17 else here to testify on this bill?18 (No response.)19 COUNCILMAN DiCICCO: Seeing20 none, please read the title of the next21 bill.22

Bill No. 110736, an23 ordinance establishing a parking24 regulation on Jessup Street, west side,25 11/29/11 - STREETS - BILL 110308, ETC.1 Mifflin Street to McKean Street.2 COUNCILMAN DiCICCO: Just3 proceed, please.4

The Philadelphia5 Parking Authority has no objection to the6 bill previously read before Council and7 recommends favorable consideration.8 COUNCILMAN DiCICCO: Thank you.9 Any questions for this witness10 from the Committee?11 (No response.)12 COUNCILMAN DiCICCO: Anyone13 else here who wishes to testify on this14 bill?15 (No response.)16 COUNCILMAN DiCICCO: Seeing17 none, please read the title of the next18 bill.19

Bill No. 110737, an20 ordinance establishing a parking21 regulation on Camac Street, west side,22 Shunk Street to Oregon Avenue.23

The Philadelphia24 Parking Authority has no objection to the25 11/29/11 - STREETS - BILL 110308, ETC.1 bill previously read before Council and2 recommends favorable consideration.3 COUNCILMAN DiCICCO: Thank you.4 Any questions for this witness?5 (No response.)6 COUNCILMAN DiCICCO: Anyone7 else here who wishes to testify on this8 bill?9 (No response.)10 COUNCILMAN DiCICCO: Seeing11 none, please read the title of the next12 bill.13

Bill No. 110738, an14 ordinance establishing a parking15 regulation on Bainbridge Street, both16 sides, 11th Street to 12th Street.17

The Philadelphia18 Parking Authority has no objection to the19 bill previously read before Council and20 recommends favorable consideration.21 COUNCILMAN DiCICCO: Thank you.22 Anyone wishes to testify on23 this bill?24 (No response.)25 11/29/11 - STREETS - BILL 110308, ETC.1 COUNCILMAN DiCICCO: Seeing2 none, please read the title of the next3 bill.4

Thank you.5 COUNCILMAN DiCICCO: Is there6 anyone else beside the Authority who is7 here to testify on the red light cameras?8 Mr. Denny, I didn't see you.9 Why don't you guys come up.10 (Witnesses approached witness11 table.)12 COUNCILMAN DiCICCO: Good13 afternoon.14

Good afternoon.15 COUNCILMAN DiCICCO: Please16 identify yourself for the record and17 proceed with your testimony.18

Bill No. 110308, an19 ordinance amending Chapter 12-3000 of The20 Philadelphia Code, entitled "Use Of An21 Automated Red Light Enforcement System To22 Prevent Red Light Violations," by23 authorizing the installation of red light24 enforcement systems at the intersection25 11/29/11 - STREETS - BILL 110308, ETC.1 of Grant Avenue at Academy Road, all2 under certain terms and conditions.3 COUNCILMAN DiCICCO: Thank you.4

Thank you,5 Mr. Chairman. Thank you, Councilman6 Greenlee. Chris Vogler, V-O-G-L-E-R,7 from the Philadelphia Parking Authority.8 Good afternoon. My name is9 Chris Vogler. I'm the manager of red10 light photo enforcement for the11 Philadelphia Parking Authority. We would12 like to thank Chairman DiCicco and the13 members of the Committee for allowing me14 to testify today. And also as an aside,15 Councilman DiCicco, I think this will16 probably most likely be the last time17 that I will testify before you as18 Chairman of Streets and Services, and I19 just wanted to thank you for your20 consideration through not just my21 position at PPA but before long ago and22 far away when I was a Council staff23 member. You've always been a gentleman24 and I wanted to thank you.25 11/29/11 - STREETS - BILL 110308, ETC.1 COUNCILMAN DiCICCO: Thank you.2

I'd also like to3 thank Councilman O'Neill for introducing4 this legislation. I'm testifying in5 favor of Bills 110308 and 110309, which6 would add two additional intersections to7 the red light camera program in the City.8 These intersections will be Grant Avenue9 at Academy Road and Bustleton at Byberry10 Road.11 I would like to commend Council12 for its past excellent and, most times,13 unanimous support for the program. Since14 the first cameras were activated at Grant15 Avenue and Roosevelt Boulevard February16 23rd, 2005, the program has been17 successful in its main goals - decreasing18 red light running, accidents, injuries19 and fatalities. There are now 90 cameras20 at intersections, and with the21 addition of these intersections and those22 that were recently approved by Council,23 the citywide total will be 111 cameras at24 intersections after installation of25 9 11/29/11 - STREETS - BILL 110308, ETC.1 all the approved cameras are completed.2 And also additionally, Chairman3 DiCicco, Councilman Greenlee, Island4 Avenue at Lindbergh Boulevard, which was5 approved by Council and signed by the6 Mayor approximately four months ago,7 construction is being completed and8 depending on weather conditions, the9 60-day warning period at that10 intersection will start either at the end11 of this week or the beginning of next12 week. And also Grant -- I'm sorry; Broad13 Street at Vine Street, the 60-day warning14 period will end Thursday at midnight, so15 starting this Friday, December 2nd,16 violations will start to be issued at17 that intersection.18 The intersections of Grant19 Avenue and Academy Road and Bustleton20 Avenue and Byberry Road are both large21 and busy intersections with a heavy22 traffic volume of vehicles and23 pedestrians. Additionally, both24 intersections are along commercial25 10 11/29/11 - STREETS - BILL 110308, ETC.1 corridors and consequently both2 intersections currently have a very high3 rate of vehicles disregarding the red4 signal. It is not an exaggeration to say5 that you sometimes put your life in your6 hands navigating this area.7 As I've stated in previous8 testimony before the Committee, I believe9 that red light cameras will change the10 behavior of motorists at both11 intersections as they have in other parts12 of the City to make walking and driving13 in this area a safer experience. The14 establishment of red light cameras at15 these intersections will continue to16 enhance and extend this program to other17 dangerous intersections in the City.18 Finally, I ask that the19 Committee give Bills 110308 and 110309 a20 favorable recommendation and request that21 the rules be suspended to allow first22 reading at the next Council session.23 Thank you again for the24 opportunity to testify before the25 11 11/29/11 - STREETS - BILL 110308, ETC.1 Committee this afternoon and I'd be happy2 to answer any questions that you may3 have.4 COUNCILMAN DiCICCO: Thank you.5 Mr. Denny.6

Good afternoon,7 Mr. Chairman and members of the8 Committee. Thank you for the opportunity9 to appear before you today. My name is10 Charles Denny. I am the Assistant Chief11 Traffic Engineer for the Department of12 Streets. I am here to offer testimony on13 Bill No. 110308.14 This bill authorizes the15 installation of a red light enforcement16 system at the intersection of Grant and17 Academy. The Streets Department supports18 this bill. These devices have shown to19 lower red light running at other20 locations where they are used in the21 City.22 Thank you for the opportunity23 to appear before you today and I will be24 happy to answer any questions.25 12 11/29/11 - STREETS - BILL 110308, ETC.1 COUNCILMAN DiCICCO: Thank you.2 Any questions for these3 witnesses from the Committee?4 (No response.)5 COUNCILMAN DiCICCO: Anyone6 else here who wishes to testify on this7 bill?8 (No response.)9 COUNCILMAN DiCICCO: Seeing10 none, please read the title of the next11 bill.12

Bill No. 110309, an13 ordinance amending Chapter 12-3000 of The14 Philadelphia Code, entitled "Use Of An15 Automated Red Light Enforcement System To16 Prevent Red Light Violations," by17 authorizing the installation of red light18 enforcement systems at the intersection19 of Bustleton Avenue at Byberry Road, all20 under certain terms and conditions.21 COUNCILMAN DiCICCO: Please22 proceed.23

Thank you,24 Mr. Chairman. I'd just like the members25 13 11/29/11 - STREETS - BILL 110308, ETC.1 of the Committee to refer to the2 testimony I've just given in favor of3 both Bills 110308 and 110309.4 COUNCILMAN DiCICCO: Thank you.5

Thank you.6 COUNCILMAN DiCICCO: Mr. Denny.7

Good afternoon,8 Mr. Chairman and members of the9 Committee. Thank you again for the10 opportunity to appear before you today.11 My name is Charles Denny. I'm the12 Assistant Chief Traffic Engineer for the13 Department of Streets. I'm here to offer14 testimony on Bill 110309.15 This bill authorizes the16 installation of red light enforcement17 systems at the intersection of Bustleton18 and Byberry Road. The Streets Department19 supports this bill. These devices have20 been shown to lower red light running at21 other locations where they are used in22 the City.23 I'd be happy to answer any24 questions.25 14 11/29/11 - STREETS - BILL 110308, ETC.1 COUNCILMAN DiCICCO: Thank you.2 Any questions?3 (No response.)4 COUNCILMAN DiCICCO: Anyone5 else here who wishes to testify on these6 bills?7 (No response.)8 COUNCILMAN DiCICCO: Will9 either of you be testifying on any other10 bills?11

No.12 COUNCILMAN DiCICCO: Neither?13

Just the one-way14 Hartwell Lane.15 COUNCILMAN DiCICCO: Well, I16 want to take this opportunity also to17 extend my thanks to both of you and all18 the folks who work in your various19 departments for the cooperation that20 you've given to this Committee and to me21 as a District Councilman for the last 1622 years. It's an effort on both parts that23 made things hopefully better for the24 citizens of this city. So, again, thank25 15 11/29/11 - STREETS - BILL 110308, ETC.1 you and have a happy and healthy holiday.2

Thank you. Same3 to you, Chairman DiCicco, Councilman4 Greenlee and Councilman Green.5 COUNCILMAN DiCICCO: Please let6 the record reflect that Councilman Green,7 who is a member of this Committee, is now8 in attendance.9 Please read the title of the10 next bill.11

Bill No. 110720, an12 ordinance authorizing Thomas Jefferson13 University (the "Owner") to construct,14 own and maintain various encroachments of15 light bollards at 901 Walnut Street (the16 "Property"), under certain terms and17 conditions.18 (Witness approached witness19 table.)20

Good afternoon,21 Chairman DiCicco and members of the22 Streets and Services Committee. My name23 is Michelle Brisbon and I'm a Staff24 Engineer with the Department of Streets,25 16 11/29/11 - STREETS - BILL 110308, ETC.1 and I'm here to offer testimony on Bill2 No. 110720.3 This bill authorizes Thomas4 Jefferson University to construct, own5 and maintain various encroachments in the6 form of light bollards in the public7 right-of-way at the locations as noted in8 Bill No. 110720.9 The Streets Department has no10 objections to this encroachment and11 supports the passage of this bill.12 Thank you for your time. This13 concludes my testimony, and I'm pleased14 to answer any questions you may have.15 COUNCILMAN DiCICCO: Thank you.16 Any questions for this witness17 from the Committee?18 (No response.)19 COUNCILMAN DiCICCO: Let the20 record reflect that Councilman Jones, who21 is a member of this Committee, is also in22 attendance.23 Anyone else here who wishes to24 testify for or against this bill?25 17 11/29/11 - STREETS - BILL 110308, ETC.1 (No response.)2 COUNCILMAN DiCICCO: Seeing3 none, please read the title of the next4 bill.5

Bill No. 110721, an6 ordinance authorizing New Kensington7 Community Development Corporation to8 construct, own and maintain various9 encroachments of light columns located at10 the intersection of Girard Avenue and11 Columbia Avenue, under certain terms and12 conditions.13

Good afternoon,14 Chairman DiCicco and members of the15 Streets and Services Committee. My name16 is Michelle Brisbon and I'm a Staff17 Engineer with the Department of Streets,18 and I'm here to offer testimony on Bill19 No. 110721.20 This bill grants permission to21 New Kensington Community Development22 Corporation to construct, own and23 maintain various encroachments within the24 public right-of-way as indicated in Bill25 18 11/29/11 - STREETS - BILL 110308, ETC.1 No. 110721.2 The Streets Department has no3 objections to these proposed4 encroachments and supports the passage of5 this bill.6 Thank you for your time. This7 concludes my testimony. I am pleased to8 answer any questions you may have.9 COUNCILMAN DiCICCO: Thank you.10 Any questions for this witness11 from the Committee?12 (No response.)13 COUNCILMAN DiCICCO: Anyone14 else here who wishes to testify on this15 bill?16 (No response.)17 COUNCILMAN DiCICCO: Seeing18 none, please read the title of the next19 bill.20

Bill No. 110734, an21 ordinance authorizing the Neighbors of22 Overbrook Association, located at 93323 North 65th Street, Philadelphia, PA, to24 construct, own and maintain an25 19 11/29/11 - STREETS - BILL 110308, ETC.1 encroachment of a sign on the traffic2 island located on Lebanon Avenue at the3 intersection of Wynnewood Road, under4 certain terms and conditions.5

Good afternoon,6 Chairman DiCicco and members of the7 Streets and Services Committee. My name8 is Michelle Brisbon. I'm a Staff9 Engineer with the Department of Streets.10 I'm here to offer testimony on Bill No.11 110734.12 This bill authorizes Neighbors13 of Overbrook Association to construct,14 own and maintain an encroachment within15 the public right-of-way as indicated in16 Bill No. 110734.17 The Streets Department has no18 objections to this encroachment and19 supports the passage of this bill.20 Thank you for your time. This21 concludes my testimony, and I'm pleased22 to answer any questions.23 COUNCILMAN DiCICCO: Thank you.24 Any questions for this witness25 20 11/29/11 - STREETS - BILL 110308, ETC.1 from the Committee?2 (No response.)3 COUNCILMAN DiCICCO: Anyone4 else here who wishes to testify on this5 bill?6 (No response.)7 COUNCILMAN DiCICCO: Seeing8 none, please read the title of the next9 bill.10

Bill No. 110796, an11 ordinance authorizing Sanjay Patel, owner12 and operator of the newsstand located on13 the southeast corner of Eleventh Street14 and Market Street, to construct, use and15 maintain conduits in, under and across16 the southeast corner of Eleventh Street17 and Market Street for the purpose of18 supplying electrical service and19 telephone service to the newsstand, under20 certain terms and conditions.21

Good afternoon,22 Chairman DiCicco and members of the23 Streets and Services Committee. My name24 is Michelle Brisbon and I'm a Staff25 21 11/29/11 - STREETS - BILL 110308, ETC.1 Engineer with the Department of Streets.2 I'm here to offer testimony on Bill No.3 110796.4 This bill authorizes Sanjay5 Patel, owner and operator of the6 newsstand located on the southeast corner7 of 11th Street and Market Street, to8 construct, use and maintain conduits in,9 under and across the southeast corner of10 11th Street and Market Street for the11 purpose of supplying electrical service12 and telephone service to the newsstand.13 The Streets Department has no14 objections to this encroachment and15 supports the passage of this bill.16 Thank you for your time. This17 concludes my testimony. I'm pleased to18 answer any questions.19 COUNCILMAN DiCICCO: Thank you.20 Commissioner.21 (Witness approached witness22 table.)23 COUNCILMAN DiCICCO: I just24 want to, before you start, I acknowledged25 22 11/29/11 - STREETS - BILL 110308, ETC.1 Mr. Denny and the folks in your2 department for the cooperation and the3 work we've done over the last 16 years as4 I've been chairing this Committee. I5 want to thank you personally again for6 the opportunity to work with you and all7 of the things that we were able to do and8 making our job a lot easier here. I9 appreciate it. Extend my thank you to10 all of your employees.11 COMMISSIONER TOLSON: I surely12 will.13 COUNCILMAN DiCICCO: Thank you.14 Commissioner Tolson.15 COMMISSIONER TOLSON: Yes.16 Good afternoon, Councilmembers.17 Councilman DiCicco, I'm here18 for the sole and expressed purpose of19 extending my thank you to you.20 COUNCILMAN DiCICCO: You're21 going to make me cry.22 COMMISSIONER TOLSON: I have23 had a tenure that has allowed me to work24 with you very closely, as you said, for25 23 11/29/11 - STREETS - BILL 110308, ETC.1 16 years. In that time I have found you2 to be of the highest standard of an3 elected official. I found you to be4 certainly humble, which is not common. I5 have found you to be dedicated to your6 constituents, smart and of high7 integrity. And I want to thank you for8 your work and support for the Streets9 Department. You have certainly shown10 leadership relative to the issues that11 impact us. You have tried to challenge12 us to be innovative, and we've13 appreciated that. You've challenged us14 in terms of how we have done our15 business. In all ways you have done it16 in a respectful manner. And your17 leadership with regard to trying to get18 our city clean, we didn't accomplish all19 that we wanted to accomplish there and we20 have much to go, but we thank you for21 being on the forefront of that. Our22 issue with regard to Right-Of-Way23 Management, in that too.24 You have been an advocate for25 24 11/29/11 - STREETS - BILL 110308, ETC.1 your constituents, but you have certainly2 been a support to our department. And on3 behalf of the 1,800 people who work in4 the Streets Department and probably for5 many, many in City government, other6 agencies that are not here right now, I7 want to extend my thanks to you and8 congratulations as you move on to the9 next portion of your life and career.10 COUNCILMAN DiCICCO: Thank you,11 Commissioner. I do appreciate that, and12 I won't -- I'm not going away. I won't13 be in this capacity, but you know if my14 services are ever needed, you know where15 I am. I'm only a phone call away. And16 thank you for taking the time to come17 over. I was wondering why you were here.18 I thought you were going to testify on a19 bill. But thank you again. I appreciate20 that.21 COMMISSIONER TOLSON: You are22 much more important.23 COUNCILMAN DiCICCO: Thank you.24 Thank you very much.25 25 11/29/11 - STREETS - BILL 110308, ETC.1 Next title.2

Bill No. 110785, an3 ordinance authorizing Vientiane Cafe to4 construct, own and maintain an open-air5 sidewalk cafe at 4728 Baltimore Avenue,6 under certain terms and conditions.7

Good afternoon,8 Chairman DiCicco and members of the9 Streets and Services Committee. My name10 is Michelle Brisbon and I'm a Staff11 Engineer with the Department of Streets.12 I'm here to offer testimony on Bill No.13 110785.14 This bill authorizes Vientiane15 Cafe to construct, own and maintain an16 encroachment in the form of an open-air17 cafe on the sidewalk located at 472818 Baltimore Avenue. The sidewalk cafe19 consists of the following: Two tables20 and four chairs encroaching approximately21 five feet onto the south sidewalk of22 Baltimore Avenue, leaving approximately23 nine feet of clear, unobstructed footway.24 The Streets Department has no25 26 11/29/11 - STREETS - BILL 110308, ETC.1 objections to this encroachment and2 supports the passage of this bill.3 Thank you for your time. This4 concludes my testimony. I'm pleased to5 answer any questions you may have.6

Thank7 you.8 Any questions for the witness?9 (No response.)10

Thank11 you.12 Next bill, please.13

Bill No. 110786, an14 ordinance authorizing Aksum, LLC to15 construct, own and maintain an open-air16 sidewalk cafe at 4630-4632 Baltimore17 Avenue, under certain terms and18 conditions.19

Good afternoon,20 Chairman DiCicco and members of the21 Streets and Services Committee. My name22 is Michelle Brisbon and I'm a Staff23 Engineer with the Department of Streets.24 I'm here to offer testimony on Bill No.25 27 11/29/11 - STREETS - BILL 110308, ETC.1 110786.2 This bill authorizes Aksum, LLC3 to construct, own and maintain an4 encroachment in the form of an open-air5 cafe on the sidewalk located at 4630-46326 Baltimore Avenue.7 The sidewalk cafe consists of8 the following: Six tables and 12 chairs9 encroaching approximately five feet, six10 inches onto the south sidewalk of11 Baltimore Avenue, leaving approximately12 nine feet, ten inches of clear,13 unobstructed footway.14 The Streets Department has no15 objections to this encroachment and16 supports the passage of this bill.17 Thank you for your time. This18 concludes my testimony. I'm pleased to19 answer any questions.20 COUNCILMAN DiCICCO: Thank you.21 Any questions for this witness22 from the Committee?23 (No response.)24 COUNCILMAN DiCICCO: Anyone25 28 11/29/11 - STREETS - BILL 110308, ETC.1 else here who wishes to testify on this2 bill?3 (No response.)4 COUNCILMAN DiCICCO: Seeing5 none, please read the title of the next6 bill.7

Bill No. 110840, an8 ordinance authorizing Margaret Vann,9 owner of Rainbow Learning Center, 75010 East Erie Avenue, Philadelphia, PA 19134,11 to construct, own and maintain an12 encroachment of a fenced in play area13 located at 750 East Erie Avenue, under14 certain terms and conditions.15

Good afternoon,16 Chairman DiCicco and members of the17 Streets and Services Committee. My name18 is Michelle Brisbon and I'm a Staff19 Engineer with the Department of Streets.20 I'm here to offer testimony on Bill No.21 110840.22 This bill authorizes Margaret23 Vann, owner of Rainbow Learning Center,24 to construct, own and maintain a fence25 29 11/29/11 - STREETS - BILL 110308, ETC.1 within the public right-of-way as2 indicated in Bill No. 110840.3 The Streets Department cannot4 support passage of this legislation. The5 description of this encroachment is not6 accurate and it doesn't reflect the7 actual width of the right-of-way at this8 location. The applicant can submit an9 updated drawing that reflects the actual10 right-of-way widths to the Streets11 Department for review and approval in12 accordance with Section 11-604(4) of The13 Philadelphia Code.14 Thank you for your time. This15 concludes my testimony. I'm pleased to16 answer any questions you may have.17 COUNCILMAN DiCICCO: Thank you.18 If I'm hearing you right, so there's some19 technical issues as it relates to the20 area, the size of the area?21

Yes. The22 applicant came in and we explained to her23 what she needed to do, and the plans can24 be reviewed and approved over the25 30 11/29/11 - STREETS - BILL 110308, ETC.1 counter. It doesn't need an ordinance of2 Council.3 COUNCILMAN DiCICCO: It doesn't4 need an ordinance?5

No. The Section6 11-604 of the Code gives the Streets7 Department the ability to approve fences8 within the right-of-way based on the9 width of the entire right-of-way, and on10 Erie Avenue, we can approve an11 encroachment up to five feet. Their12 building is set back, and so their13 architect that did the drawings didn't14 reflect the City right-of-way properly.15 COUNCILMAN DiCICCO: So the16 Streets Department would then, correct me17 if I'm wrong, would then be in support of18 without having us to do an ordinance?19

Correct. That's20 correct.21 COUNCILMAN DiCICCO: Okay.22 I've just been informed that the sponsor23 of the bill, Councilwoman Sanchez, has24 agreed to hold the bill because there's25 31 11/29/11 - STREETS - BILL 110308, ETC.1 some agreements with the Streets2 Department.3

Yes.4 COUNCILMAN DiCICCO: Thank you5 for your testimony.6 Anyone else here who wishes to7 testify on this bill?8 (No response.)9 COUNCILMAN DiCICCO: Seeing10 none, please read the title of the next11 bill.12

Bill No. 110843, an13 ordinance authorizing The Bruce Lloyd14 Trust, Andrew M. Ullman, Trustee and15 Sandra Schwalb, owner of property located16 at 200 Market Street, Philadelphia,17 Pennsylvania 19106, to legalize, own and18 maintain an existing raised platform19 encroachment for accessory restaurant20 seating at the Property, in the21 right-of-way located on the west footway22 of South 2nd Street, under certain terms23 and conditions.24

Good afternoon,25 32 11/29/11 - STREETS - BILL 110308, ETC.1 Chairman DiCicco and members of the2 Streets and Services Committee. My name3 is Michelle Brisbon and I'm a Staff4 Engineer with the Department of Streets.5 I'm here to offer testimony on Bill No.6 110843.7 This bill authorizes The Bruce8 Lloyd Trust, Andrew M. Ullman, Trustee9 and Sandra Schwalb, owners of the10 property located at 200 Market Street, to11 legalize, own and maintain an12 encroachment in the form of a raised13 platform in the public right-of-way at14 the location as noted in Bill No. 110843.15 The Streets Department does not16 support the passage of this legislation.17 It is the policy of the Streets18 Department not to approve permanent19 commercial intrusion into the public20 right-of-way solely for the purpose of a21 business use.22 Thank you for your time. This23 concludes my testimony. I'm pleased to24 answer any questions you may have.25 33 11/29/11 - STREETS - BILL 110308, ETC.1 COUNCILMAN DiCICCO: Thank you.2 Any questions from this3 Committee?4 (No response.)5 COUNCILMAN DiCICCO: Anyone6 else here who wishes to testify on this7 bill?8 (No response.)9 COUNCILMAN DiCICCO: Seeing10 none, please read the title of the next11 bill.12

Bill No. 110849, an13 ordinance granting permission to Alan14 Krawitz owner and operator of Say Cheese15 Philadelphia lunch truck located on the16 east side of West Norris Street between17 North 12th Street and North 13th Street18 (approximately 70 yards from the corner19 of North 12th Street and West Norris20 Street) to install, use and maintain21 certain electrical wires, conduits and22 appurtenances in, under and over the east23 footway of the east side of West Norris24 Street between North 12th Street and25 34 11/29/11 - STREETS - BILL 110308, ETC.1 North 13th Street for the purpose of2 supplying electricity to said lunch3 truck, under certain terms and4 conditions.5

Good afternoon,6 Chairman DiCicco and members of the7 Streets and Services Committee. My name8 is Michelle Brisbon and I'm a Staff9 Engineer with the Department of Streets.10 I'm here to offer testimony on Bill No.11 110849.12 This bill grants permission to13 Alan Krawitz, owner and operator of Say14 Cheese Philadelphia lunch truck, to15 install, use and maintain an encroachment16 in the form of electrical wires, conduits17 and appurtenances in the public18 right-of-way at the location as noted in19 Bill No. 110849.20 The Streets Department does not21 support the passage of this legislation.22 The proposed encroachment is to provide23 electrical service to a non-permanent24 structure, and this may present a25 35 11/29/11 - STREETS - BILL 110308, ETC.1 liability for the Streets Department.2 Thank you for your time. This3 concludes my testimony. I'm pleased to4 answer any questions you may have.5 COUNCILMAN DiCICCO: Thank you.6 Any questions for this witness?7 (No response.)8 COUNCILMAN DiCICCO: Anyone9 else here who wishes to testify on this10 bill?11 Councilman Green.12

Thank you,13 Mr. Chairman.14 It's interesting, I was just on15 the Temple campus a couple weeks ago, and16 I assume that's about where this is.17

Yes.18

And I walked19 down the street where there was a thin20 pole with electrical wires going overhead21 and coming down the side sort of of the22 pole that was -- so there was a live23 electrical wire basically, not encased in24 metal or anything, coming down the side25 36 11/29/11 - STREETS - BILL 110308, ETC.1 of a pole attached to an outlet2 essentially, I guess, that somebody could3 have ripped out and there would be a live4 electrical wire there.5

Yes.6

Just by7 coincidence I happened to notice that and8 I thought, that's dangerous. Is this9 what you're referring to and are those10 installations currently legal?11

That's correct.12 Those installations are illegal. I'm --13

Are legal?14

They're illegal.15

So this is16 related to an existing illegal electrical17 hookup?18

Well, the one19 that this bill is referring to, I'm not20 sure if it's existing. We haven't seen21 any plans for this location, and I wasn't22 aware of it until it was introduced. But23 to my knowledge, there are a number out24 there illegally. They basically go to25 37 11/29/11 - STREETS - BILL 110308, ETC.1 L&I and get electrical permits. They2 don't come to the Streets Department at3 all.4

And so5 they're legal or illegal?6

They're illegal.7

But L&I8 issued the permit?9

They issue10 electrical permits.11

And that's12 illegal or legal?13

The electrical14 permits are legal, but to place the pole15 within the right-of-way is illegal.16

I see. So17 they have legal electrical permits and18 illegal poles in the right-of-way?19

That's correct.20

Thank you.21 COUNCILMAN DiCICCO: Councilman22 Greenlee.23

Thank24 you.25 38 11/29/11 - STREETS - BILL 110308, ETC.1 Ms. Brisbon, I guess is there2 any communication between L&I and Streets3 on this? I mean, does L&I, to your4 knowledge, tell the applicant that they5 also have to go to the Streets6 Department?7

I'm not sure.8 Typically the utility companies are the9 ones that actually place a pole within10 the right-of-way and we have to stamp11 off -- we have to approve the pole12 permit. But as far as these, not to my13 knowledge.14

The15 reason I ask that is maybe -- and I have16 no idea on individual, this one or any17 other individual, but it could be people18 think they got an electrical permit from19 L&I, they're legit, unless they're told20 differently. I mean, I don't know. It21 just seems like some communication22 here --23

Yes.24

-- would25 39 11/29/11 - STREETS - BILL 110308, ETC.1 help, particularly since it's two City2 departments. And I'm not blaming you.3 I'm just saying --4

I understand.5

It seems6 maybe there's some people who are in7 violation but don't know it and don't8 realize it.9

I mean, you're10 probably correct there.11 COUNCILMAN DiCICCO: Let the12 record reflect that Councilwoman Donna13 Reed Miller, who is a member of this14 Committee, is also in attendance.15 On the same issue, ma'am, is16 there any interaction between the Streets17 Department and would you know if there's18 any interaction between L&I and PECO?19 Somebody has to be making these20 connections.21

Well, I believe22 with this particular applicant, they23 contacted PECO, and PECO told them they24 had to get permission from the Streets25 40 11/29/11 - STREETS - BILL 110308, ETC.1 Department, and we then -- I explained to2 him that we don't allow private poles3 within the right-of-way for electrical4 purposes. So I guess they proceeded to5 have an ordinance introduced for their6 approval.7 COUNCILMAN DiCICCO: I think8 it's going to be a job for the next9 committee to figure out, because there10 are numerous situations all over the11 City, and not faulting anyone or any12 department. There's got to be some13 meeting of the minds, if you will, to14 figure this out, because newsstands, you15 name it, everything out there is some16 sort of a wire hanging, and got to make17 it somewhat more uniform. But thank you.18 Any other questions?19 (No response.)20 COUNCILMAN DiCICCO: Anyone21 else here who wishes to testify?22 Yes, sir. Please have a seat.23 (Witness approached witness24 table.)25 41 11/29/11 - STREETS - BILL 110308, ETC.1

My name is Alan2 Krawitz. I'm the person who proposed the3 ordinance. I'd like to clarify any4 questions you may have.5 COUNCILMAN DiCICCO: Councilman6 Greenlee.7

Thank8 you, sir. I guess I'll kind of repeat my9 question. What communication was there10 when you applied for -- did you get an11 L&I permit?12

Yes.13

Speak14 into the microphone a little bit more.15

The electrician16 in question that I used did get an L&I17 permit. I was originally told by PECO,18 by the grid designer in that area, that19 all that was required was the proper20 permits that I received from the City in21 order to obtain the electrical service.22 So the proper permits were pulled from23 L&I, upon which when I went for24 installation of that service, they told25 42 11/29/11 - STREETS - BILL 110308, ETC.1 me that I would need something from the2 City, an ordinance in fact, to have the3 electric given to me. However, like4 Ms. Brisbon, who has spoken before, has5 said, numerous other people within 30 to6 40 feet of where I proposed have that7 service and --8

And they9 probably just did it or, again, maybe10 didn't realize. Maybe they weren't told.11 I don't know.12

The grid designer13 who I spoke to did change over the summer14 and I was told by the previous one who I15 had spoke to originally that the permits16 from L&I and from the City were all that17 was required by PECO at that time to hook18 up the service. So you can see how it's19 a major competitive advantage when20 they've done it illegally. And I'm21 operating illegally now.22

Sure. I23 got you. And it seems like -- again, not24 to put blame here, but it seems like L&I25 43 11/29/11 - STREETS - BILL 110308, ETC.1 maybe should -- if you apply for2 something, it's clear what you have to3 do. There may be some communication4 saying, here's the next step you have to5 take before you or anybody else starts6 work. It just seems fair.7

Sure.8

Thank9 you.10 COUNCILMAN DiCICCO: Thank you.11 You're going to be fine with this. It's12 just a question of clearing up and coming13 up with a better policy or procedure14 going forward. But thank you.15 Any other questions?16 Councilman Green.17

With respect18 to this, does anybody from the City here19 know how these are inspected? As I said,20 there were live wires stapled onto the21 side of a pole going into an outlet. How22 is this -- how are you planning to do an23 installation if we were to approve this?24

The inspection25 44 11/29/11 - STREETS - BILL 110308, ETC.1 process is done by a third party, who has2 already come in and inspected the way the3 electrical wires have been hooked up.4

So have the5 wires been put in a metal sleeve down the6 side of the pole into the outlet or is it7 the wire itself that is going into the8 pole without being in a metal sleeve?9

No. It's10 encased. But no wires have been hooked11 up yet. Before I can do so, you need to12 approve the ordinance. So everything is13 protected and safely done on my14 particular pole. I can't speak for15 anybody else.16

Thank you.17 COUNCILMAN DiCICCO: Thank you.18 Any other questions?19 (No response.)20 COUNCILMAN DiCICCO: Anyone21 else here who wishes to testify on this22 bill?23 (No response.)24 COUNCILMAN DiCICCO: Thank you.25 45 11/29/11 - STREETS - BILL 110308, ETC.1 Thank you both.2 Seeing none, please read the3 title of the next bill.4

Bill No. 110767, an5 ordinance granting permission to the6 Southeastern Pennsylvania Transportation7 Authority, 1234 Market Street,8 Philadelphia, Pennsylvania, to construct,9 own and maintain a passenger boarding10 platform, passenger shelter and other11 miscellaneous encroachments on the public12 sidewalk located at the northwest corner13 of the intersection of Frankford Avenue14 and Delaware Avenue, under certain terms15 and conditions.16

Good afternoon,17 Chairman DiCicco and members of the18 Streets and Services Committee. My name19 is Michelle Brisbon and I'm a Staff20 Engineer with the Department of Streets.21 I'm here to offer testimony on Bill No.22 110767.23 This bill grants permission to24 the Southeastern Pennsylvania25 46 11/29/11 - STREETS - BILL 110308, ETC.1 Transportation Authority to construct,2 own and maintain various encroachments3 within the public right-of-way as4 indicated in Bill No. 110767.5 The Streets Department has no6 objections to these proposed7 encroachments and supports the passage of8 this bill.9 Thank you for your time. This10 concludes my testimony. I'm pleased to11 answer any questions.12 COUNCILMAN DiCICCO: Thank you.13 Any questions for this witness14 from the Committee?15 (No response.)16 COUNCILMAN DiCICCO: Anyone17 else here who wishes to testify?18 (No response.)19 COUNCILMAN DiCICCO: Seeing20 none, please read the title of the next21 bill.22

Bill No. 110794, an23 ordinance granting permission to All24 Seasons Car Wash & Lube, LLC, owner of25 47 11/29/11 - STREETS - BILL 110308, ETC.1 the real estate located at 6722 Ridge2 Avenue, to relocate, use and maintain a3 thirty-five feet high aluminum flagpole4 within the public right-of-way of Ridge5 Avenue, being approximately one hundred6 eighty-three and ninety-one hundredths7 feet from the curbline of the8 northwesterly side of Cinnaminson Street9 and within the unimproved portion of10 Ridge Avenue west of the westerly11 curbline of said Ridge Avenue; and to12 construct, use and maintain a13 pole-mounted, interior-lighted accessory14 sign, with an electrical service line15 conduit in and under the public16 right-of-way of Ridge Avenue, being the17 same distance from the curbline of the18 northwesterly side of Cinnaminson Street19 and within the same unimproved portion of20 Ridge Avenue west of the westerly21 curbline of said Ridge Avenue, for the22 purpose of supplying electrical service23 to the accessory sign, all under certain24 terms and conditions.25 48 11/29/11 - STREETS - BILL 110308, ETC.1

Good afternoon,2 Chairman DiCicco and members of the3 Streets and Services Committee. My name4 is Michelle Brisbon and I'm a Staff5 Engineer with the Department of Streets.6 I'm here to offer testimony on Bill No.7 110794.8 This bill grants permission to9 All Seasons Car Wash & Lube, LLC, owner10 of the real estate located at 6722 Ridge11 Avenue, to relocate, use and maintain12 various encroachments within the public13 right-of-way as indicated in Bill No.14 110794.15 The Streets Department cannot16 support passage of this legislation. It17 is the policy of the Streets Department18 not to approve permanent encroachments19 within the public right-of-way that20 serves the purpose of advertising a21 commercial establishment.22 Thank you for your time. This23 concludes my testimony. I'm pleased to24 answer any questions you may have.25 49 11/29/11 - STREETS - BILL 110308, ETC.1 COUNCILMAN DiCICCO: Thank you.2 Any questions from this3 Committee?4 (No response.)5 COUNCILMAN DiCICCO: Anyone6 else here who wishes to testify?7 (Witnesses approached witness8 table.)9

Good afternoon,10 members of the Committee.11 COUNCILMAN DiCICCO: Have a12 seat, please, and --13

William O'Brien14 for All Seasons --15 COUNCILMAN DiCICCO: You have16 to get it on the record. Just identify17 yourself.18

William O'Brien19 for All Seasons Car Wash, LLC. With me20 is Henry Gonzalez, who is a principal in21 the company. I have some exhibits I'd22 like to share with the Committee.23 COUNCILMAN DiCICCO: We'll get24 those distributed. You can have a seat.25 50 11/29/11 - STREETS - BILL 110308, ETC.1 Thank you.2

The property is3 under construction. It's a three and a4 half million dollar state-of-the-art car5 wash and lube facility. It will have a6 vegetative roof. The washing water will7 be filtered and recirculated. It is --8 everything is state-of-the-art about it.9 There is an existing10 35-foot-high aluminum flagpole within the11 right-of-way, although research revealed12 that that was erected without an13 ordinance. So we're seeking to -- the14 ordinance seeks to allow the relocation15 of that flagpole and also within the16 right-of-way.17 The first tab shows some18 pictures depicted. In the first two19 you'll see the existing aluminum flagpole20 right by the porta-potty and extends up21 35 feet. And then the third picture is a22 view looking across Ridge Avenue where23 you see the new construction of the CVS24 and Wawa, a several million dollar25 51 11/29/11 - STREETS - BILL 110308, ETC.1 development that completed last year.2 The second tab is the site3 plan, the survey, and I depicted the area4 in yellow. Ridge Avenue is 80 feet. The5 public right-of-way is 80 feet. The6 improved area is 52 feet. And from the7 outside edge of the sidewalk to the end8 of the public right-of-way is 14 feet on9 each side of Ridge Avenue.10 There are no utilities in this11 area. In fact, you'll see existing12 condition when this was prepared13 identified this as a grass area. You can14 see the small square, which will show the15 existing flagpole back in, I think this16 was, 2009 when this was prepared. So17 that is very material, that no public18 utilities will be disturbed in preparing19 the conduit for the proposed flagpole.20 The third tab shows the21 installation detail. Again, the box22 shows the location of the existing23 flagpole, and you'll see a little bit24 below that the proposed location for the25 52 11/29/11 - STREETS - BILL 110308, ETC.1 sign and the relocated flagpole. Again,2 all within that portion of the3 right-of-way that has no utilities below4 it.5 The sign -- no portion of the6 sign face itself will encroach over the7 sidewalk. It's shown on here as going up8 to the sidewalk. Actually, it will be9 about a foot short of the sidewalk.10 The fourth tab shows some11 details, some renderings of the finished12 facade, and the second page shows the13 actual sign face and pylon sign base.14 And also very material, the15 last tab shows existing signage in this16 block, all of them located within the17 public right-of-way. The first one is18 actually over the sidewalk. The second19 one is planted within this 14 feet of20 unimproved area in the right-of-way, and21 then the third picture showing Midas, the22 Auto Zone and the Ridge Diner. All of23 those are planted within that 14-foot24 right-of-way.25 53 11/29/11 - STREETS - BILL 110308, ETC.1 And then on the other side of2 the subject site, and the last picture is3 Roxborough Animal Hospital, and, again,4 you notice that that is planted within5 this right-of-way.6 For the record, I've measured7 it. The Midas sign is 11 feet from the8 curbline and, therefore, three feet9 within the right-of-way. And the Auto10 Zone sign is nine feet from the sidewalk11 and six feet -- or five feet from the12 edge of the -- outside edge of the13 right-of-way. All the other signs are14 even that much closer. So this condition15 is pretty standard in this block on Ridge16 Avenue.17 COUNCILMAN DiCICCO: Thank you.18 Anyone else testifying?19

No.20 COUNCILMAN DiCICCO: Councilman21 Jones.22

Thank you,23 Mr. Chairman.24 What was the prior use? You25 54 11/29/11 - STREETS - BILL 110308, ETC.1 mention the sign pole that was there.2 What was the type of business?3

It was an4 accessory auto lot for a new car dealer5 that went out of business about seven or6 eight years ago.7

How long was8 that sign there, to your recollection?9

It was a10 flagpole that was there, and the flagpole11 was there, well, 25 years that I know of.12

So for the13 past 25 years at least, that sign has14 been there, along with maybe a half dozen15 or dozen other signs that have migrated16 to that position?17

Right. These18 signs on that block are all within this19 same 14 feet of unimproved area that is20 within the right-of-way.21

Now, does22 your facility also incorporate the area23 that we're doing the streetscape on Ridge24 Avenue? Will you be the beneficiary that25 55 11/29/11 - STREETS - BILL 110308, ETC.1 far up?2

I don't believe3 so. This will be north of Roxborough4 High School.5

All right.6 Thank you.7 COUNCILMAN DiCICCO: Thank you.8 Any other questions from this9 Committee?10 Councilman Green.11

Thank you.12 Do you happen, just out of13 curiosity, do you happen to know if --14 for the Streets Department, is the15 objection to this that it is a permanent16 easement or that there's an easement at17 all? I thought I heard you say that the18 policy was permanent easements.19

Yes. The Streets20 Department doesn't approve permanent21 commercial advertising. None of the22 signs that are on Ridge Avenue were23 approved by the Streets Department.24 They're all illegal. And the flagpole25 56 11/29/11 - STREETS - BILL 110308, ETC.1 was a sign -- I mean, wasn't a sign. It2 was a flagpole.3

So really4 what you're telling us is that they5 should ask for forgiveness and not6 permission? Doing the right thing on7 Ridge Avenue is not going to be rewarded8 by the City of Philadelphia.9

I mean, at this10 point, we don't have a policy or some11 type of mechanism to review and approve12 placement of signage. That's something13 that's typically done on a property, and14 L&I will regulate it. I mean, we don't15 review what's posted on the signs, how16 high they are, because it's not something17 that the Streets Department typically18 approves.19

So this is20 another disconnect between L&I and21 Streets.22

And L&I is saying23 it's in the right-of-way, we don't have24 anything to do with it. But we typically25 57 11/29/11 - STREETS - BILL 110308, ETC.1 don't approve advertising within the2 right-of-way.3

But you4 mention permanent easement, and it sounds5 to me like your objection is that this is6 a permanent easement.7

Well, yeah.8 They're putting footings seven foot9 underground. So this is -- I mean, it's10 a massive structure.11

Into the12 right-of-way.13

Yes.14

So the sign15 that I see that is essentially the front16 of the building is really not a sign,17 it's the front of the building in the18 right-of-way, is that right, on Tab 4?19

Behind Tab 4,20 the second page will show the proposed21 sign. This was reviewed and approved by22 the Ridge Park Civic Association. Their23 only concern was that there not be24 digital letters and that the letters be25 58 11/29/11 - STREETS - BILL 110308, ETC.1 plastic.2

But I guess3 my question for the Streets Department4 is, is the reason we don't approve this5 in the permanent right-of-way or create a6 permanent easement so that we have the7 necessary land in case the street has to8 be widened?9

Well, no. Our10 purpose is the advertising, using the11 public right-of-way for advertising for12 commercial business.13

So there's14 no need for the land for the Streets15 Department to create additional lanes on16 Ridge Avenue or other things like that?17

No, not to my18 knowledge.19

Well, if20 that's the case, then I want to thank you21 for your investment in Philadelphia.22

Thank you. And23 if I may, if I'm not -- I think I'm24 correct. We're not asking for an25 59 11/29/11 - STREETS - BILL 110308, ETC.1 easement. I don't think the City is2 going to agree on this, an easement.3 We're just looking for permission, as you4 alluded to, and if the City or the state5 decides to widen Ridge Avenue, we're6 going to have to remove the sign at our7 expense.8 COUNCILMAN DiCICCO: Any other9 questions?10 (No response.)11 COUNCILMAN DiCICCO: Anyone12 else here who wishes to testify on this13 bill?14 (No response.)15 COUNCILMAN DiCICCO: Thank you.16 Thank you again. I appreciate it.17 Please read the title of the18 next bill.19

Bill No. 110764, an20 ordinance establishing a one-way21 regulation on Hartwell Lane, from22 Germantown Avenue to Shawnee Street,23 eastbound.24 (Witness approached witness25 60 11/29/11 - STREETS - BILL 110308, ETC.1 table.)2 COUNCILMAN DiCICCO: Good3 afternoon again, Mr. Denny.4

Good afternoon5 again.6 COUNCILMAN DiCICCO: You know7 the drill.8

Yes. Good9 afternoon, Mr. Chairman, members of the10 Committee. Thank you again for the11 opportunity to appear before you. My12 name is Charles Denny, Assistant Chief13 Traffic Engineer for the Department of14 Streets. I'm here to offer testimony on15 Bill No. 110764.16 The Streets Department has no17 objections to this bill. With the18 amendment that we are proposing to19 reflect the timing of the street20 direction change, Hartwell Lane is21 proposed to be converted to a one-way22 eastbound operation due to a development23 plan at 8200 Germantown Avenue. Based on24 our review of the traffic impact study25 61 11/29/11 - STREETS - BILL 110308, ETC.1 the development submitted, we have no2 objections to this change.3 We plan to convert Hartwell4 Lane to one-way eastbound operation three5 months prior to the opening of the6 proposed development in the fall of 2013.7 As such, we respectfully request that the8 aforementioned proposed amendment be9 admitted to reflect this timing. I do10 have the amendment here.11 COUNCILMAN DiCICCO: We have12 copies.13 You mention the fall of '13?14

The fall of '13,15 yes.16 COUNCILMAN DiCICCO: Please17 proceed.18

Thank you again for19 the opportunity to appear before you20 today and I will be happy to answer any21 questions you may have at this time.22 COUNCILMAN DiCICCO: Thank you.23 Any questions from this24 Committee?25 62 11/29/11 - STREETS - BILL 110308, ETC.1 (No response.)2 COUNCILMAN DiCICCO: Any3 comments?4 (No response.)5 COUNCILMAN DiCICCO: Those who6 are testifying, please approach the7 witness table.8 You can use my chair, Charlie.9 (Witnesses approached witness10 table.)11 MR. McCLURE: Chairman DiCicco,12 members of Council, members of the13 Streets and Services Committee, Matt14 McClure, on behalf of Bowman Properties,15 here to testify in support of Bill No.16 110764.17 This legislation concerns the18 redevelopment of the former Magarity Ford19 Auto Dealership and Service Center at the20 northwest corner of Germantown Avenue and21 Hartwell Lane in Chestnut Hill. This22 legislation, along with legislation that23 is going to be considered tomorrow by the24 Rules Committee, will lead to what we25 63 11/29/11 - STREETS - BILL 110308, ETC.1 believe will be a transformational2 project for Chestnut Hill and the3 district.4 Given the recent exodus of5 national and regional tenants, credit6 tenants, from Chestnut Hill and from the7 corridor itself, we think that there's a8 real demonstrated need for a mixed-use9 project with a significant national10 credit tenant. Bowman Properties has11 recently signed a lease with the Fresh12 Market, which is one of the hottest13 specialty grocery stores in the country.14 This will be the first Fresh Market in a15 northeast city. In fact, this is a real16 coo for Chestnut Hill and a real coo for17 the City of Philadelphia. The site has18 beat out many sites in the region,19 including the Main Line. The Fresh20 Market is a type of a high-quality credit21 tenant that we believe will attract other22 credit tenants back to Germantown Avenue.23 Additionally, this is a $3024 million project, no public subsidy25 64 11/29/11 - STREETS - BILL 110308, ETC.1 whatsoever, 90 permanent jobs. Our2 presentations to the Chestnut Hill3 Community Association began in earnest in4 April, continued through the summer, and5 we believe that we will be having a final6 meeting with the Chestnut Hill Community7 Association on December 12th prior to8 final passage, to the extent this9 Committee votes to move the legislation10 through today.11 With me today is Debra Ferraro.12 She is the Chief Traffic Engineer for13 Pennoni, and she's the Traffic Engineer14 for the project. So she was going to15 offer some testimony as well.16 COUNCILMAN DiCICCO: Good17 afternoon. Please proceed with your18 testimony. Identify yourself for the19 record.20

Good afternoon,21 members of the Streets and Services22 Committee. 3 Under my direction, Pennoni4 Associates prepared a traffic impact5 study for the proposed development at6 8200 Germantown Avenue, consisting of a7 Fresh Market grocery store, business8 district retail and residential9 condominiums and townhomes. The10 transportation impact study included11 review and recommendations for site12 access and internal circulation. 17 We've attached a figure titled18 Study Area. It's included in the packet19 and also shown on the board to my left,20 which shows the roadway network -- the21 location of the site along Germantown22 Avenue, which is classified as a23 community arterial roadway, and the local24 roadway network surrounding the site. 6 Based on the results of the7 transportation impact study that were8 documented in the report, it is9 recommended that the first block of West10 Hartwell Lane be reversed from one way11 westbound to one way eastbound in the12 direction towards Germantown Avenue. All13 traffic is recommended to exit the 820014 Germantown Avenue site to Hartwell Lane15 and be directed to Germantown Avenue16 rather than Shawnee Street and Roanoke17 Street. 5 On the exhibit, the parking6 changes are illustrated and shown for a7 net loss of one parking space on the8 block of Hartwell Lane. 16 Those volumes are about double, almost 8017 vehicles per hour on average, during the18 peak hours on a Saturday. With the19 proposed directional change, these20 traffic volumes will be redistributed21 primarily to the roadways of Willow Grove22 Avenue and Highland Avenue. 3 Pennoni Associates and the4 project team met with the Streets5 Department in the early phases of the6 project to review the site circulation7 plan and Hartwell Lane modifications. As8 Charlie Denny testified, the final9 traffic impact study was submitted to the10 Streets Department for review. The study11 was also submitted to the Chestnut Hill12 Community Association and distributed to13 interested parties during July of this14 year. The results were presented at the15 Traffic Transportation and Planning16 Committee of the Chestnut Hill Community17 Association where the public and18 stakeholders had the opportunity to19 answer questions. )12 COUNCILMAN DiCICCO: Good13 afternoon. 16

Good afternoon,17 Chairman DiCicco and Committee members.18 My name is John Beckman. I'm a resident19 of Chestnut Hill and I represent the20 Chestnut Hill Community Association's21 committee that has been formed to work22 with the owner of the property to attempt23 to reach an agreement on the final24 development program. Those discussions25 70 11/29/11 - STREETS - BILL 110308, ETC.1 are not complete yet.2 At the moment, the one block3 length of Hartwell Lane is bordered on4 one side by an unused property owned by5 the developer, Bowman Properties, and6 fewer than ten single detached houses on7 the other side. It's a one-lane street,8 as you see by the exhibit, and it9 functions quite well at the moment.10 Should the developer's program11 of residential and commercial be approved12 in the two bills that will come up at the13 Rules Committee tomorrow, 110762 and14 110763, the situation will change15 dramatically. The negotiating committee16 and the Association, by extension, are in17 support of the reversal of this block of18 Hartwell Lane should that happen. There19 is a sequencing issue, which was referred20 to earlier, which is that because of the21 low traffic volumes and somewhat22 discontinuous street network in the area,23 the street is functioning well now. So24 that we would respectfully request that25 71 11/29/11 - STREETS - BILL 110308, ETC.1 Section 2 of the ordinance be modified to2 read that this ordinance shall take3 effect only if Bills 110762 and 1107634 are passed, and actual reversal of5 traffic shall not occur until6 commencement of construction.7 Thank you.8 COUNCILMAN DiCICCO: Thank you,9 sir.10 Any questions for this witness11 from the Committee?12 (No response.)13 COUNCILMAN DiCICCO: Is there14 anyone else here who wishes to testify on15 this bill?16 Councilman Green.17

I just have18 a question for the City about -- or the19 Administration about the request to have20 this and the developer about the request21 to have this not go into effect until the22 other bills before Council related to23 this development are passed. I mean, is24 there an objection to that?25 72 11/29/11 - STREETS - BILL 110308, ETC.1 MR. McCLURE: I have no2 objection to the concept. My only3 concern is whether that is a problem --4 whether the Law Department would sign off5 on that. I'm not sure. Each piece of6 legislation should stand on its own.7 They're all going to be considered8 hopefully at the same time as a package9 on December 15th.10

That is a11 good point, yeah. We can pass it out of12 Committee without that change, and if13 there is any issue with the other14 legislation, we can always amend it15 before final passage to deal with that16 issue.17 Thank you.18 COUNCILMAN DiCICCO: Thank you.19 Thank you.20 Any other questions?21 (No response.)22 COUNCILMAN DiCICCO: Anyone23 else here who wishes to testify on this24 bill?25 73 11/29/11 - STREETS - BILL 110308, ETC.1 (No response.)2 COUNCILMAN DiCICCO: Seeing3 none, please read the title of the next4 bill.5 MR. McCLURE: Members of the6 Committee, thank you.7 COUNCILMAN DiCICCO: Thank you.8 The Chair recognizes9 Councilwoman Miller on the comments on10 the previous bill.11

I just12 wanted to say, Mr. Chair, that I don't13 see a problem with this suggestion and we14 could actually pass these bills out as a15 package. Okay?16 COUNCILMAN DiCICCO: Sounds17 good. Works for us.18

Just for19 the record.20 COUNCILMAN DiCICCO: Thank you.21

Bill No. 110647, an22 ordinance authorizing the revision of23 lines and grades on a portion of City24 Plan No. 42 by striking from the City25 74 11/29/11 - STREETS - BILL 110308, ETC.1 Plan and vacating the legally open2 portions of the westerly ten feet wide3 portion of Thirty-Second Street from4 Chestnut Street to Walnut Street, under5 certain terms and conditions.6 (Witnesses approached witness7 table.)8

Good afternoon,9 Mr. Chairman and members of the10 Committee. My name is Frank Morelli,11 Survey Bureau Manager of the Department12 of Streets, and the Department of Streets13 would like to offer the following14 testimony on Bill No. 110647.15 This is not an Administration16 ordinance, but an ordinance requested by17 Mr. Don Gusic of Pennoni Associates on18 behalf of Drexel University.19 The purpose of this ordinance20 is to authorize the striking from the21 City Plan and vacating of the legally22 open portions of the westerly ten feet23 wide portion of 32nd Street from Chestnut24 Street to Walnut Street. The affected25 75 11/29/11 - STREETS - BILL 110308, ETC.1 section of 32nd Street is not paved to2 its confirmed grade, it is not maintained3 by the Streets Department and does not4 function as a through street. This5 action will facilitate the plans by6 Drexel University to construct an7 18-story mixed-use residential and retail8 development on the abutting parcel,9 including a 220 market-rate apartment10 unit.11 This ordinance is supported by12 the Department of Streets and is13 recommended to your Committee for14 favorable action.15

Good afternoon,16 Chairman DiCicco and members of the17 Streets and Services Committee. I am18 Sarah Chiu, City Planner with the City19 Planning Commission. I am here to20 testify on Bill No. 110647, which21 Councilmember Blackwell introduced on22 September 8th, 2011.23 Bill No. 110647 would strike24 and vacate ten feet from the legally open25 76 11/29/11 - STREETS - BILL 110308, ETC.1 portion of the westerly side of 32nd2 Street from Chestnut Street to Walnut3 Street. The Planning Commission has4 approved the Institutional Development5 District Master Plan Amendment for Drexel6 University in order to construct the new7 Chestnut Street student housing project8 located on Chestnut Street between 32nd9 and 33rd Streets at its meeting on July10 19th, 2011. Therefore, the Streets Bill11 110647 is in accord with previous policy.12 At its meeting of September13 20th, 2011, the Planning Commission has14 recommended Bill No. 110647 be approved.15 This concludes my testimony. I16 appreciate the opportunity to appear17 before you today and would be pleased to18 answer any questions you may have.19 COUNCILMAN DiCICCO: Thank you.20 Any questions for these21 witnesses from the Committee?22 (No response.)23 COUNCILMAN DiCICCO: Anyone24 else here who wishes to testify?25 77 11/29/11 - STREETS - BILL 110308, ETC.1 (No response.)2 COUNCILMAN DiCICCO: Please3 read the title of the next bill.4

Bill No. 110663, an5 ordinance authorizing the revision of6 lines and grades on a portion of City7 Plan No. 204 by striking from the City8 Plan and vacating Slocum Street from a9 point approximately one-hundred forty10 feet northeast of Chew Avenue to its11 terminus northeastwardly therefrom and by12 relocating a portion of the northwesterly13 curbline of Slocum Street, from Chew14 Avenue to a point approximately15 seventy-seven feet northeastwardly16 therefrom, eight feet southeastwardly and17 incorporating the vacated area of said18 Slocum Street under the jurisdiction of19 the Department of Parks and Recreation.20

Good afternoon,21 Mr. Chairman and members of the22 Committee. My name is Frank Morelli,23 Survey Bureau Manager of the Department24 of Streets, and the Department of Streets25 78 11/29/11 - STREETS - BILL 110308, ETC.1 would like to offer the following2 testimony on Bill No. 110633.3 This is an Administration4 ordinance requested by the Department of5 Public Property.6 The purpose of this ordinance7 is to authorize the striking from the8 City Plan and vacating of Slocum Street9 from a point approximately 140 feet10 northeast of Chew Avenue to its terminus11 northeastwardly therefrom and the12 relocation of the northwesterly curbline13 and reduction of the cartway width of14 Slocum Street from Chew Avenue to a point15 approximately 77 feet northeastwardly16 therefrom and to incorporate the vacated17 area of Slocum Street under the18 jurisdiction of the Department of Parks19 and Recreation. This action will20 facilitate plans by the Department of21 Public Property to perform renovations22 and construct site improvements at the23 Pleasant Playground and Recreation24 Center.25 79 11/29/11 - STREETS - BILL 110308, ETC.1 This ordinance is supported by2 the Department of Streets and is3 recommended to your Committee for4 favorable action.5

Good afternoon,6 Chairman DiCicco and members of the7 Streets and Services Committee. I'm8 Sarah Chiu, City Planner with the City9 Planning Commission. I'm here to testify10 on Bill No. 110663, which Councilmember11 Miller introduced on October 6th, 2011.12 Bill No. 110663 would strike13 and vacate Slocum Street from a point14 approximately 140 feet northeast of Chew15 Avenue to its terminus northeastwardly16 and relocate the northwesterly curbline17 and reduce the cartway width of Slocum18 Street from Chew Avenue to a point19 approximately 77 feet northeastwardly.20 This action will facilitate plans by the21 Department of Public Property to perform22 renovations and construction improvements23 at the Pleasant Playground and Rec24 Center. The area being vacated will be25 80 11/29/11 - STREETS - BILL 110308, ETC.1 retained by the City as part of the rec2 center property.3 At its meeting of October 18th,4 2011, the Planning Commission recommended5 that Bill No. 110663 be approved.6 This concludes my testimony. I7 appreciate the opportunity to appear8 before you today and would be pleased to9 answer any questions you may have.10 COUNCILMAN DiCICCO: Thank you.11 Any questions?12 Councilman Green.13

Thank you,14 Mr. Chairman.15 You answered my question, which16 was what's going to happen to this17 property, and it will be maintained by18 the City. You said the Rec Department.19 There is not a Rec Department. There's a20 Parks and Recreation Department. Is that21 who will maintain it?22

Correct.23

This land24 will then be subject to the ordinance25 81 11/29/11 - STREETS - BILL 110308, ETC.1 related to the disposition of Parks and2 Rec land that's on the books that we3 passed last year?4

Correct.5

Okay. I6 would like to ask a courtesy, and, that7 is, when the Clerk reads what the bill8 does, which is vacate this part of the9 street, if in testimony both written10 and -- if it is in your written11 testimony, there is no need to reread the12 title of the bill two times as you13 testify, and as a courtesy, I would like14 to ask that the Streets Department and15 the Planning Commission not repeat what16 has just been read by the Clerk.17 Thank you.18 COUNCILMAN DiCICCO:19 Councilwoman Miller.20

For21 further clarity, this is not actually a22 street that runs through. This is a23 small part of a street that looks like a24 driveway that runs right into the25 82 11/29/11 - STREETS - BILL 110308, ETC.1 playground, into the field. So this is2 an important part of our expansion and3 renovation and building a new building at4 that particular playground to strike the5 street, just so people understand better6 what it actually is. And it's an7 important part. Actually, we thought it8 was struck years ago, but it wasn't.9 Thank you.10 COUNCILMAN DiCICCO: Any other11 questions from this Committee for these12 witnesses?13 (No response.)14 COUNCILMAN DiCICCO: Anyone15 else here who wishes to testify?16 (No response.)17 COUNCILMAN DiCICCO: Seeing18 none, please read the title of the next19 bill.20

Bill No. 110765, an21 ordinance authorizing the revision of22 lines and grades on a portion of City23 Plan No. 228 by striking from the City24 Plan Markle Street from Ridge Avenue to a25 83 11/29/11 - STREETS - BILL 110308, ETC.1 point approximately four-hundred one feet2 northeastwardly therefrom, under certain3 terms and conditions.4

Good afternoon.5 This is an Administration ordinance --6 excuse me. This is not an Administration7 ordinance, but an ordinance requested by8 Mr. Ronald J. Patterson of Klehr Harrison9 Harvey Branzberg, LLP, representing10 Stanley True Value Hardware Store.11 The purpose of this ordinance12 is to authorize the striking from the13 City Plan of Markle Street from Ridge14 Avenue to a point approximately 401 feet15 northeastwardly therefrom. The portion16 of Markle Street proposed to be stricken17 is not legally open, is not paved and is18 not in use by the public, and the City is19 not desirous of constructing a street at20 this location. This action will21 facilitate plans by the owners of the22 True Value Hardware Store at 5551 Ridge23 Avenue to construct an expanded store and24 add a parking area.25 84 11/29/11 - STREETS - BILL 110308, ETC.1 This ordinance is supported by2 the Department of Streets and is3 recommended to your Committee for4 favorable action.5

Good afternoon,6 Chairman DiCicco and members of Streets7 and Services Committee. Bill No. 1107658 would strike a paper street in order to9 allow for the development of a hardware10 store at the same location.11 At its meeting of November12 15th, 2011, the Planning Commission13 recommended that Bill No. 110765 be14 approved.15 This concludes my testimony. I16 appreciate the opportunity and be happy17 to answer questions you may have.18 COUNCILMAN DiCICCO: Thank you.19 Any questions for these20 witnesses from the Committee?21 (No response.)22 COUNCILMAN DiCICCO: Anyone23 else here who wishes to testify on this24 bill?25 85 11/29/11 - STREETS - BILL 110308, ETC.1 Mr. Patterson.2 (Witness approached witness3 table.)4

Thank you. Ron5 Patterson, 1835 Market Street.6 I guess I should address it7 since my name was mentioned in the bill.8 I represent the owner of the properties9 that surround the left and the right of10 Markle Street, which is on the City Plan.11 It's an entire City block, that12 particular property, surrounded by four13 streets, and Markle Street on paper would14 cut through that square block. Although15 this is the last piece, it was the first16 piece we actually looked at and meeting17 with Councilman Jones to see if this was18 possible. It was vetted with the19 neighbors in the community, and no one20 there wants that street open, because21 it's mainly grassy area. And this22 vacating and removing from the plan would23 allow Stanley's Hardware Store, which has24 been in the area for 60 years, to make a25 86 11/29/11 - STREETS - BILL 110308, ETC.1 substantial expansion and to stay in the2 City and to make that property much more3 functional and to expand the store there.4 So we're happy to -- and hope5 that the ordinance will be passed.6 COUNCILMAN DiCICCO: Thank you.7 Any questions for these8 witnesses?9 (No response.)10 COUNCILMAN DiCICCO: Anyone11 else here to testify on this bill?12 (No response.)13 COUNCILMAN DiCICCO: Seeing14 none, please read the title of the next15 bill.16

Bill No. 110795, an17 ordinance authorizing the revision of18 lines and grades on a portion of City19 Plan No. 307 by striking from the City20 Plan and vacating Ridge Avenue from Vine21 Street to the intersection of Eighth22 Street and Race Street, reserving and23 placing on the City Plan a right-of-way24 for various purposes within the lines of25 87 11/29/11 - STREETS - BILL 110308, ETC.1 Ridge Avenue being stricken; and2 authorizing the acceptance of a grant to3 the City of the said right-of-way, under4 certain terms and conditions.5

This is not an6 Administration ordinance, but an7 ordinance requested by the Redevelopment8 Authority.9 The purpose of this ordinance10 is to authorize the striking from the11 City Plan and vacating of Ridge Avenue12 from Vine Street to the intersection of13 8th Street and Race Street and the14 reserving and placing on the City Plan of15 a right-of-way for sewer and drainage16 purposes and water main purposes, gas17 main purposes, public utility purposes18 and subsurface public transportation19 purposes within the lines of the portion20 of Ridge Avenue being stricken. The21 portion of Ridge Avenue proposed to be22 stricken is currently not physically open23 and the City is not desirous of reopening24 it to the public traffic. This action25 88 11/29/11 - STREETS - BILL 110308, ETC.1 will facilitate plans by the2 Redevelopment Authority to assemble land3 at this site for development.4 This ordinance is supported by5 the Department of Streets and is6 recommended to your Committee for7 favorable action.8

Good afternoon,9 Chairman DiCicco and members of Streets10 and Services Committee. Bill No. 11079511 would strike and vacate Ridge Avenue from12 Vine Street to the intersection of 8th13 and Race Street and reserve its14 right-of-way. This action will allow15 Redevelopment Authority to consolidate16 parcels on both sides of Ridge Avenue on17 this block. An identical bill, Bill No.18 100681, was recommended for approval by19 the City Planning Commission in November20 2010, because this bill was consistent21 with the Center City Redevelopment Area22 Fourth Amended Redevelopment Proposal.23 Therefore, at its meeting of24 November 15th, 2011, the City Planning25 89 11/29/11 - STREETS - BILL 110308, ETC.1 Commission recommended that Bill No.2 110795 be approved as an item in accord3 with previous policy.4 This concludes my testimony.5 COUNCILMAN DiCICCO: Thank you.6 Any questions for these7 witnesses from the Committee?8 (No response.)9 COUNCILMAN DiCICCO: Anyone10 else here who wishes to testify?11 (No response.)12 COUNCILMAN DiCICCO: Please13 read the title of the next bill.14

Bill No. 110797, an15 ordinance authorizing the revision of16 lines and grades on a portion of City17 Plan No. 307 by striking from the City18 Plan and vacating the southerly forty19 feet, five inches wide portion of Race20 Street from Christopher Columbus21 Boulevard to Water Street and placing on22 the City Plan a right-of-way for various23 utility purposes such as may be necessary24 within the lines of the portion of Race25 90 11/29/11 - STREETS - BILL 110308, ETC.1 Street being stricken.2

Good afternoon.3 This is an Administration ordinance4 requested by the Department of Streets.5 The purpose of this ordinance6 is to authorize the striking from the7 City Plan and vacating the southerly 408 feet, 5 inch wide portion of Race Street9 from Christopher Columbus Boulevard to10 Water Street and the placing upon the11 City Plan of a right-of-way for various12 utility purposes within the lines of the13 portion of Race Street being stricken.14 The Department of Streets has15 determined that the portion of Race16 Street proposed to be stricken is not17 needed for transportation purposes. At18 the time of construction of the Delaware19 Expressway, the main travel lanes of Race20 Street were shifted northwardly, and this21 portion of Old Race Street fell into22 disuse. The purpose of this action is to23 join the unused portion of Race Street24 with the abutting City-owned property for25 91 11/29/11 - STREETS - BILL 110308, ETC.1 possible sale or lease and development as2 a restaurant and entertainment venue.3 This ordinance is supported by4 the Department of Streets and is5 recommended to your Committee for6 favorable action.7

Good afternoon,8 Chairman DiCicco and members of Streets9 and Services Committee.10 Bill No. 110797 would strike11 and vacate approximately 40 feet of Race12 Street from Water to Columbus Boulevard13 and reserve its right-of-way for utility14 purposes. This portion of Race Street15 has not been used for travel purposes.16 This Streets bill is to allow Fringe17 Festival and Cafe development to have an18 outdoor plaza and seating area. The19 Planning Commission had recommended20 approval for the property bill of 10078921 in December 2010 in order for this22 development to proceed.23 Therefore, at its meeting of24 November 15th, 2011, the Planning25 92 11/29/11 - STREETS - BILL 110308, ETC.1 Commission recommended Bill No. 110797 be2 approved as an item in accord with3 previous policy.4 This concludes my testimony. I5 appreciate the opportunity to appear6 before you today and would be happy to7 answer questions.8 COUNCILMAN DiCICCO: Thank you.9 Councilman Green.10

Thank you.11 Who would become -- I know it's12 sort of the other side of the bridge. If13 you're coming down Race, you have to go14 left and then the other side of that15 bridge next to that brick building --16

Correct.17

-- is what18 you're seeking to vacate so that that can19 be made available?20

Correct.21

And there's22 currently a museum slated to go in there?23

It's the old24 Water Department pumping facility.25 93 11/29/11 - STREETS - BILL 110308, ETC.1 Currently the Fringe Festival is2 proposing to looking at purchasing that3 property, and this would be an outdoor4 venue for outdoor seating for them.5

So whose6 property does this become when we vacate7 the street? Does it become part of8 Public Property?9

Correct, it10 becomes part of Public Property.11

And there's12 currently no ordinance at the moment with13 respect to the sale of this land. This14 would just be something that --15

Correct.16

Thank you.17 COUNCILMAN DiCICCO: For your18 information, I've been working with that.19 I thought we had completed it. I'm not20 sure yet, but there has been discussion21 between my office, Public Property and22 the Fringe Festival and with a lot of23 community support. So if it's not done,24 I think it will be done before we recess.25 94 11/29/11 - STREETS - BILL 110308, ETC.1 Thank you. Any other questions2 for these witnesses?3 (No response.)4 COUNCILMAN DiCICCO: Anyone5 else here to testify on this bill?6 (No response.)7 COUNCILMAN DiCICCO: Seeing8 none, please read the title of the next9 bill.10

Bill No. 110520, an11 ordinance authorizing the plotting upon12 City Plan No. 285 of a right-of-way for13 drainage purposes in the area lying14 southeast of Roberts Avenue and southwest15 of Fox Street and authorizing acceptance16 of the grant to the City of said17 right-of-way, under certain terms and18 conditions.19

Good afternoon.20 This is not an Administration ordinance,21 but an ordinance requested by John K.22 Schneider of TKMG Associates, L.P.23 The purpose of this ordinance24 is to authorize the plotting upon City25 95 11/29/11 - STREETS - BILL 110308, ETC.1 Plan and acceptance of the grant to the2 City of a right-of-way for drainage3 purposes in the area lying southeast of4 Roberts Avenue and southwest of Fox5 Street within the property formerly6 occupied by the Tasty Baking Company.7 The proposed right-of-way will encompass8 existing sewers within the site. This9 action will facilitate plans for the10 development of Baker's Square Retail11 Center consisting of approximately12 230,000 square feet of leasable retail13 and commercial space.14 This ordinance is supported by15 the Department of Streets and is16 recommended to your Committee for17 favorable action.18 COUNCILMAN DiCICCO: Thank you.19 Any questions from this20 Committee?21 (No response.)22 COUNCILMAN DiCICCO: Is there23 anyone else here who wishes to testify?24 (No response.)25 96 11/29/11 - STREETS - BILL 110308, ETC.1 COUNCILMAN DiCICCO: Again, you2 heard my comments earlier. I do3 appreciate the opportunity to work with4 you, and you guys have always been5 excellent.6

And we appreciate7 all your support.8 COUNCILMAN DiCICCO: Thank you.9 Please read the title of the10 next bill.11

Bill No. 110449, an12 ordinance amending Title 12 of The13 Philadelphia Code, entitled "Traffic14 Code," by amending Chapter 12-900,15 entitled "Parking Regulations and16 Penalties," by adding a new Section17 authorizing the Philadelphia Parking18 Authority to designate reserved parking19 spaces for hotel owned vehicles, adding20 definitions to Section 12-102, and making21 certain technical changes, all under22 certain terms and conditions.23 (Witnesses approached witness24 table.)25 97 11/29/11 - STREETS - BILL 110308, ETC.1 COUNCILMAN DiCICCO: Good2 afternoon, everyone.3

Good afternoon, Mr.4 Chairman. My name is Gene Cohen. I'm an5 attorney for the Latham Hotel, which is6 the proponent of this ordinance.7 Before we begin with our8 testimony, I wish to wish good fortune in9 your future endeavors and as a citizen of10 your district all these years appreciate11 and thank you for your service.12 COUNCILMAN DiCICCO: Thank you,13 Your Honor, when you were on the bench14 for the service to the citizens of this15 City as well. So there is life after16 whatever we were doing, right?17

Yes. There is life18 after public service.19 COUNCILMAN DiCICCO: Thank you.20

This particular21 ordinance seeks the permission of the22 City of a hotel that meet certain23 description to designate and pay for a24 space to park a courtesy vehicle during25 98 11/29/11 - STREETS - BILL 110308, ETC.1 the daytime business hours of the hotel,2 which would be from 7:00 in the morning3 to 11:00 at night, for purposes of4 providing courtesy transportation to the5 hotel guests. I have with me, who will6 give testimony, Tom Varley. Mr. Varley7 is the Executive Vice-President of Ocean8 Properties, which owns the Latham Hotel.9 Ocean Properties is a hotel chain that10 owns at least 125 properties, from11 Montreal down to Key West, Florida.12 I would like to make one13 comment about what I know might be some14 opposition to this bill, that the15 ordinance was crafted to apply to hotels16 that don't have their own off-street17 valet areas, but are situated such that18 the entire frontage of the hotel is19 either a valet and/or a loading zone.20 There is no parking permitted in front of21 these hotels, and the hotels that --22 we've submitted prior a letter from the23 Palomar, the new Palomar, and also from24 the Radisson, formerly known as the25 99 11/29/11 - STREETS - BILL 110308, ETC.1 Warwick, which would be similarly2 benefited if this bill were enacted.3 Again, this is not free parking4 for the hotel. It's not a free space.5 The hotel wishes -- there will be a fee6 for this and that the hotels that are7 similarly situated would have the option8 to designate a space after paying a fee9 and getting the permit. But we assure10 you that the program itself would not11 create any traffic hazard or traffic12 problems on the street.13 With that, I would like to turn14 the microphone over to Mr. Varley for his15 statement.16

Good afternoon.17 Thank you for taking the time this18 afternoon. As Judge pointed out, I'm19 with Ocean Properties. We've owned the20 Latham Hotel for about 16 years. We're21 just completing a $12 million renovation22 of the property. We did a complete23 renovation from the top floor all the way24 down, and we're just finishing up a $325 100 11/29/11 - STREETS - BILL 110308, ETC.1 million investment into the restaurant2 and public space. So we've just recently3 invested about $15 million into the4 Latham.5 We're also changing the brand6 of the Latham. As some of you may be7 aware, the Latham had deteriorated over8 the last few years, and we are9 re-branding it as a Preferred Hotel, and10 the Preferred Hotel chain is a line with11 properties such as the Peninsula in New12 York and Beverly Hills. It's a very13 high-end boutique classification of a14 property, and we're hoping to achieve15 average rates exceeding $300 or so, which16 certainly helps the base, and it's17 important to the Hotel Association18 particularly with the new Convention19 Center to have smaller, high-end boutique20 hotels to cater to the higher-end21 customer and to provide this level of22 service that they expect at the other23 Preferred hotels. They've done similar24 courtesy car arrangements, for example,25 101 11/29/11 - STREETS - BILL 110308, ETC.1 at the XV Beacon in Boston and properties2 in Dallas and Houston, which is sort of3 part of the service of this level type of4 property.5 So we're very -- we've really6 enjoyed being in Philadelphia. We7 believe the hotel, it's a very -- the8 hotel business in Philadelphia is very9 good, the tourism business. We're big10 believers in Philadelphia, obviously, and11 we really believe that this amenity will12 help the overall -- not only help the13 Latham, it certainly helps the Hotel14 Association as they go out and try to15 appeal to some of these groups in the16 Convention Center and things like that.17 COUNCILMAN DiCICCO: Thank you.18 Mr. Pollock, are you speaking19 or are you just --20

He has a request --21 COUNCILMAN DiCICCO: You're on22 the bench.23

I was in front of24 Judge Panepinto, so I finished up that25 102 11/29/11 - STREETS - BILL 110308, ETC.1 hearing and came down.2 COUNCILMAN DiCICCO: You should3 take a rest.4

Yeah. But since5 I had started this the last time we were6 here. One of the things that we just7 want, from a technical point of view, if8 the Council and this community is9 inclined to suspend the rules, we would10 appreciate a suspension of the rules.11 COUNCILMAN DiCICCO: Thank you.12

We'll be happy to13 answer any questions.14 COUNCILMAN DiCICCO: Thank you.15 Mr. Dickson.16

Thank you,17 Mr. Chairman. We were here previously on18 this issue. The Authority's position19 hasn't changed. We believe it's20 inappropriate to take a portion of the21 public roadway and designate it for the22 exclusive use of either one individual or23 one business. We don't take this curb24 space in front of someone's home and say25 103 11/29/11 - STREETS - BILL 110308, ETC.1 this is reserved exclusively for you2 because you happen to live in that house.3 At the same time, we can't do this -- we4 have never done that in any situation for5 a business as well.6 The other issue in this7 particular situation is, the frontage on8 17th Street in front of the Latham at9 best can accommodate about four vehicles.10 That's if you even encroach as close to11 the corner as you could get. In order12 for this hotel to operate, because there13 is no on-site parking, they're going to14 have to operate valet services there,15 which is going to take two spaces.16 They're going to have to have another17 space for other drop-off and pick-up,18 leaving -- and the last space would have19 to be reserved for this vehicle that20 could not be used by anybody else but21 that space. We believe it's going to22 create congestion, because there'll be23 back-ups using the valet zone and other24 vehicles trying to get in and out of the25 104 11/29/11 - STREETS - BILL 110308, ETC.1 space.2 While we certainly want to3 support the hotel industry, we really4 think that we need to be responsible in5 the way we allocate the public roadway.6 Nothing -- we certainly think that the7 space in front of the hotel can be8 configured in such a way that there will9 be open space for a vehicle to come up10 and pick up people and drop people off.11 Like every other hotel, people would call12 down and say, I need a car to take me13 wherever in such-and-such a time, and the14 car could be brought there to provide the15 service.16 So by not installing the zone17 doesn't mean the service can't be18 provided. It just means that the use,19 the exclusive use, of the public street20 for one vehicle we think is21 inappropriate.22 COUNCILMAN DiCICCO: I23 appreciate that. I'm trying to go back24 to the last hearing we had. Latham25 105 11/29/11 - STREETS - BILL 110308, ETC.1 currently has or has had in the past a2 valet zone, two spaces?3

We have a loading4 zone and a valet zone in front of our5 building along 17th Street.6

He's talking7 about the Latham.8 COUNCILMAN DiCICCO: The9 Latham, to the best of my knowledge, had10 a valet.11

Currently the12 Latham has one valet spot, one valet spot13 and one --14

One passenger15 loading zone.16 COUNCILMAN DiCICCO: So only17 two spaces.18

Right. Which is19 just about all that can be accommodated20 there safely.21

I think his22 testimony was now that we could fit about23 four vehicles.24 COUNCILMAN DiCICCO: Excuse me.25 106 11/29/11 - STREETS - BILL 110308, ETC.1 You got to speak into the mike.2

I said as3 Mr. Dickson said, he acknowledges there4 might be four spaces, and now we only5 have two, so that would leave two more6 spaces available. And the other7 experience you're going to have, because8 we've seen it with the hotels in checking9 them out with the hotel in Boston, which10 is, what, the XIX and Teatro in Denver,11 these vehicles go in and out because12 they're taking people to and fro. I13 mean, you might have somebody who puts14 up -- like a law firm could put up their15 expert witnesses at the Latham, and they16 may want to need to get that expert17 witness to a deposition or down to18 federal court right away, and we need to19 have that vehicle right there.20 COUNCILMAN DiCICCO: I kind of21 buy that, but when that vehicle leaves22 and somebody else needs it, it won't be23 there. So I appreciate what you're24 saying, but the car is not going to be25 107 11/29/11 - STREETS - BILL 110308, ETC.1 there forever. I mean, it's got to move2 at some point. So it would be removed,3 come back.4 I've been trying to work with5 the Authority -- everybody is friends up6 here -- to help everybody get to where7 they need to be. There's two spaces now.8 You have the valet and you have the9 loading spot.10

Right.11 COUNCILMAN DiCICCO: And,12 Mr. Dickson, you're saying there would13 not be enough space for --14

I appreciate my15 friend Mr. Pollock's comments. What I16 said was if you take every inch of curb17 space from curb to curb, you might be18 able to fit four cars in there. That's19 clearly illegal.20 COUNCILMAN DiCICCO: That's21 Walnut Street back to --22

Chancellor.23

Moravian.24 COUNCILMAN DiCICCO: Moravian.25 108 11/29/11 - STREETS - BILL 110308, ETC.1 That would give you --2

You can't fit3 four cars there legally.4 COUNCILMAN DiCICCO: Does three5 spaces --6

You might get7 three cars there.8 COUNCILMAN DiCICCO: Would9 three spaces work and accomplish what you10 guys are looking to do?11

But my problem,12 Mr. Chairman, is that in order to have13 the valet work and be able to have a14 taxicab to drop someone off, you're going15 to need room to be able to pull in and16 out of there. It's not like everybody is17 going to be parallel parking at this18 place. It's -- we believe and -- I think19 the Streets Department testified at the20 last hearing that the amount of curb21 space available does not lend itself to22 taking any spaces away from public.23 COUNCILMAN DiCICCO: Could24 we -- and I think I asked this question.25 109 11/29/11 - STREETS - BILL 110308, ETC.1 I know there's something in the regs that2 says a valet, you can't leave a car there3 for any length of time.4

Twenty minutes.5 COUNCILMAN DiCICCO: What is6 the average length of time that you think7 that vehicle that you're looking for the8 reserved space would take? How much time9 do you think it would be there10 permanently? I'm looking if we would11 expand the valet to two valet spots and12 one loading, does that get you close to13 where you need to be without calling it a14 reserved parking spot?15

Well, the fact is16 if that the vehicle would remain in the17 spot more than 20 minutes --18 COUNCILMAN DiCICCO: It's19 subject to being cited.20

That's correct.21 That's why we're here, because we don't22 want to have them cited.23 COUNCILMAN DiCICCO: But if the24 car were in, we'll call it, A, B and C --25 110 11/29/11 - STREETS - BILL 110308, ETC.1 A and B, two valet. The car is in space2 A, valet space A, and it's going to be3 there more than 20 minutes, it was4 moved -- just like people keep feeding5 meters, if we moved it to space B --6

Well, that's an7 alternative.8 COUNCILMAN DiCICCO: Is there a9 way of relaxing some of that enforcement10 regulation in valet zones without doing11 it citywide or is it uniformity would12 have to be --13