COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, November 15, 2007 9:45 a.m. - - - PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILWOMAN DONNA REED MILLER COUNCILMAN JUAN RAMOS COUNCILMAN FRANK RIZZO BILLS 070873, 070874, 070945, 070958, 070904, 070935, 070939 and 070954 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 COUNCILMAN DiCICCO: Good morning, everyone. Good morning. This is the public hearing on the Committee of Streets and Services. In attendance, including myself, who is Councilman Frank DiCicco, the Chair, the Vice Chair to my immediate right is Councilman Ramos. To his immediate right is Councilwoman Donna Reed Miller, and to my immediate left is Councilman Darrell Clarke. I would ask Mr. Abernathy to read the title of the first bill.
Bill No. 070873, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to grant to the Southeastern Pennsylvania Transportation Authority an easement across a portion of a certain parcel of land in the vicinity of the intersection of 13th and Market Streets. COUNCILMAN DiCICCO: I'm sorry, Commissioner. Good morning. COMMISSIONER SCHLOTTERBECK: 3 11/15/07 - STREETS - BILL 070873, ETC. Good morning, Chairman DiCicco and members of the Committee on Streets and Services. My name is John Schlotterbeck. I am the Commissioner for Public Property. I am here today to testify in support of Bill No. 070873 authorizing me as the Commissioner, on behalf of the City, to grant to the Southeastern Pennsylvania Transportation Authority, SEPTA, an easement across a portion of certain parcels of land in the vicinity of the intersection of 13th and Market Streets. The granting of this easement will allow the construction of a passenger elevator at 13th and Juniper Street Station -- as part of the 13th and Juniper Street Station ADA compliance and accessibility project. The Department supports this measure and, accordingly, I respectfully ask that City Council approve Bill No. 24 070873. I request that the Committee vote Bill No. 070873 out of Committee 4 11/15/07 - STREETS - BILL 070873, ETC. with a favorable recommendation and that the rules be suspended to permit first reading at the next Council session. Thank you. COUNCILMAN DiCICCO: Thank you, Commissioner. I'm trying to visualize where that intersection is. I mean, there's construction that already has taken place at the southeast corner of 13th and Market. COMMISSIONER SCHLOTTERBECK: It's on the northeast. COUNCILMAN DiCICCO: Oh, is this the one on the northeast? Okay. Near the Dunkin' Donuts, whatever. Okay. COMMISSIONER SCHLOTTERBECK: And, I mean, this is a totally needed -- COUNCILMAN DiCICCO: When you said Juniper, I kind of got thrown off. I just realized. I know where it is. COMMISSIONER SCHLOTTERBECK: And this will continue to bring more accessibility closer to City Hall. So 5 11/15/07 - STREETS - BILL 070873, ETC. it's definitely -- COUNCILMAN DiCICCO: I understand. Thank you. Councilman Rizzo is also in attendance. He's a member of this Committee. Any questions from this Committee for the witness? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill. Thank you, Commissioner. COMMISSIONER SCHLOTTERBECK: Thank you.
Bill No. 070945, an ordinance amending Section 9-208 of The Philadelphia Code, entitled "Sidewalk Cafes," by permitting sidewalk cafes to be maintained on Bethlehem Pike from 6 11/15/07 - STREETS - BILL 070873, ETC. Germantown Avenue to Newtown Street, under certain terms and conditions. COUNCILMAN DiCICCO: Good morning.
Good morning, Chairman and members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 070945. This bill amends Section 9-208 of The Philadelphia Code, entitled "Sidewalk Cafes," by permitting sidewalk cafes to be maintained on Bethlehem Pike, both sides, between Germantown Avenue and Newtown Street. This bill is supported by the Streets Department and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you, Mr. Mautz. Any questions from the Committee for this witness? (No response.) 7 11/15/07 - STREETS - BILL 070873, ETC. COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.
Bill No. 070958, an ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting vending on Broad Street between Jefferson Street and Norris Street on both sides and on Cecil B. Moore Avenue between 18th Street and 12th Street on both sides. COUNCILMAN DiCICCO: Good morning, Mr. Haigler.
Good morning. Good day, Councilman DiCicco and members of the Committee. I'm Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill No. 070958, which, if enacted, will 8 11/15/07 - STREETS - BILL 070873, ETC. prohibit vending on Broad Street between Jefferson and Norris Streets on both sides and on Cecil B. Moore Avenue between 18th and 12th Streets on both sides. The Department of Licenses and Inspections offers no objections to the enactment of this bill, as this is within Council's prerogative under Section 11 9-205, Subsection (8), Subsection (p) of The Philadelphia Code, and we are prepared to enforce the provisions of this bill should it pass in Council and is enacted into law. Thank you for the opportunity to provide the Department's testimony. COUNCILMAN DiCICCO: Thank you, Mr. Haigler. The Chair recognizes Councilman Clarke.
Mr. Haigler, for the record, probably sometime next year I'm going to be coming back to the Department and asking them to craft a vending ordinance that will authorize vending under certain terms and conditions. We have currently a problem up in that particular area that's comparable to the problem that we had on Germantown and Erie.
And there was no structure. So what we're going to do is eliminate all vending opportunities at this point for the record and then we will be hopefully working with your office crafting an ordinance that will designate certain vending locations and opportunities and specific types, because right now, as you know, fortunately we have just opened up significant retail opportunities, a new movie theatre complex with stores and other things along the corridor, and unfortunately a 10 11/15/07 - STREETS - BILL 070873, ETC. number of individuals are setting up shop illegally and selling the same product as the person who is paying a significant amount of rent in a building right in front of the store. So once we do this part, we'll be coming back to do a follow-up ordinance.
Thank you. Thank you, sir. COUNCILMAN DiCICCO: Thank you, Councilman. Any other questions for the witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy.
Bill No. 070904, an ordinance authorizing and directing the 11 11/15/07 - STREETS - BILL 070873, ETC. revision of lines and grades on a portion of City Plan No. 44 by striking from the City Plan and vacating Cuthbert Street from 32nd Street to 33rd Street and by reserving and placing on the City Plan a right-of-way for drainage purposes, water main purposes, gas main purposes and public utility purposes within the lines of said Cuthbert Street being stricken from the City Plan by authority of this ordinance, under certain terms and conditions. COUNCILMAN DiCICCO: Good morning.
Good morning, Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 22 070904. This is not an administrative ordinance, but an ordinance requested by Mr. Daniel P. McElhatton of McElhatton 12 11/15/07 - STREETS - BILL 070873, ETC. Foley, P.C, 1515 Market Street, Suite 810, Philadelphia, PA 19102. The purpose of this ordinance 5 is to strike and vacate Cuthbert Street from 32nd to 33rd Street in order to permanently close the street to address security concerns related to the adjacent Philadelphia Armory and to provide a parking area for command personnel and military vehicles. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.
Good morning, Chairman DiCicco and members of the Streets and Services Committee. I am William Erickson, City Planner for the Development Planning Division of the Philadelphia City Planning Commission. I am here to testify on Bill 070904, which was introduced by Councilmember Blackwell on October 25, 2007. This ordinance authorizes the 13 11/15/07 - STREETS - BILL 070873, ETC. striking from the City Plan and vacating of Cuthbert Street between 32nd and 33rd Street and placing a right-of-way for drainage and utility purposes in its place. The reason is to make permanent the temporary security measures placed by the Philadelphia Armory located at 3200 Cuthbert Street, which limits the parking and street access adjacent to their building. The Philadelphia City Planning Commission's staff has reviewed this street action and will recommended approval to the Planning Commission at its meeting on November 20, 2007. Therefore, the Planning Commission's staff recommends that Bill 070904 be approved. This concludes my testimony. I appreciate the opportunity to appear before you today and would be pleased to answer any questions you may have. COUNCILMAN DiCICCO: Thank you. Any questions for these 14 11/15/07 - STREETS - BILL 070873, ETC. witnesses? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. McElhatton. Good morning. MR. McELHATTON: Good morning. Mr. Chairman, members of the Committee, my name is Daniel McElhatton and I represent the Department of Military and Veterans Affairs in connection with this legislation, and the request came from the Armory, which is the department. The area has been secured since 9/11, and as the witnesses have testified, this will make permanent what has been in place since that time. And I would like to publicly thank Councilwoman Blackwell's office and Mr. Christmas for their assistance in moving this legislation through Council. COUNCILMAN DiCICCO: Thank you, Mr. McElhatton. Any questions for this witness from the Committee? (No response.) 15 11/15/07 - STREETS - BILL 070873, ETC. COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Thank you, gentlemen. Seeing none, Mr. Abernathy, the title of the next bill.
Bill No. 070935, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 42 by striking from the City Plan and vacating the southerly five feet wide portion of Chestnut Street between 32nd Street and 33rd Street, thereby reducing the width of said Chestnut Street from 80 feet to 75 feet, under certain terms and conditions.
Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets. The Department of Streets would like to offer the following 16 11/15/07 - STREETS - BILL 070873, ETC. testimony on Bill No. 070935. This is not an administrative ordinance, but an ordinance requested by Mr. Brian T. Keech, Vice President of Government and Community Relations, Drexel University, 3141 Chestnut Street, Main Building, Suite 228, Philadelphia, PA 19104. The purpose of this ordinance 11 is to strike from the City Plan and vacate the southerly five foot wide portion of Chestnut Street from 32nd to 33rd Street, thereby allowing for future additions to existing structures to create space for retail activities and other student services. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.
Good morning, Chairman DiCicco and members of the Streets and Services Committee. I am William Erickson, City Planner for the 17 11/15/07 - STREETS - BILL 070873, ETC. Development Planning Division of the Philadelphia City Planning Commission. I am here to testify on Bill No. 070935, which was introduced by Councilmember Blackwell on November 1, 2007. This ordinance authorizes and directs the revision of lines and grades on a portion of City Plan No. 42 by striking from the City Plan and vacating the southerly five foot wide portion of Chestnut Street between 32nd Street and 33rd Street. This proposal was generated by Drexel University long-term planning for future expansion which identified parcels to be acquired. Currently, Drexel University has no development plans for this location. The City Planning Commission has reviewed and approved the Institutional Master Plan amendment which indicated this proposed action at its meeting on June 19, 2007. Therefore, the Planning Commission's staff recommends that Bill No. 070935 approved. 18 11/15/07 - STREETS - BILL 070873, ETC. This concludes my testimony. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.
Bill No. 070939, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan Nos. 321 and 322 by striking from the City Plan Pennypack Street from Delaware Avenue southeastwardly to the Pierhead Line of the Delaware River.
Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to 19 11/15/07 - STREETS - BILL 070873, ETC. offer the following testimony on Bill No. 3 070939. This is an administrative ordinance requested by the Philadelphia Water Department. The purpose of this ordinance 8 is to strike Pennypack Street from the City Plan to isolate access to the intake basin at the Baxter Water Treatment Plant in order to comply with requirements of Homeland Security. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.
Good morning, Chairman DiCicco and members of the Streets and Services Committee. I am William Erickson, City Planner, Development Planning Division of the Philadelphia City Planning Commission. I am here to testify on Bill No. 070939, which was introduced by Councilmember Krajewski on November 1, 2007. 20 11/15/07 - STREETS - BILL 070873, ETC. This ordinance authorizes and directs the revision of City Plan Nos. 321 and 322 by striking and vacating Pennypack Street from Delaware Avenue to the Bulkhead Line. This action is requested by the Philadelphia Water Department to make permanent security measures to control access to the Philadelphia Water Department's Baxter Plant. The Philadelphia City Planning Commission has reviewed and approved this street action at its meeting on August 18, 2005. Therefore, the Planning Commission recommends that Bill No. 17 070939 be approved. COUNCILMAN DiCICCO: Thank you, gentlemen. Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? 21 11/15/07 - STREETS - BILL 070873, ETC. (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, the title of the next bill.
Bill No. 070954, an ordinance authorizing and directing the placing on City Plan No. 359 of two rights-of-way for drainage purposes in the vicinity of Saint Thomas Drive, northeast of Tomlinson Road, under certain terms and conditions.
Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 19 070954. This is an administrative ordinance requested by Mr. Paul McCloskey of the Water Department, 1101 Market Street, 2nd Floor, Philadelphia, PA 19107 on behalf of Mr. Brett Feldman of Klehr, Harrison, Harvey, Branzburg and Ellers, 22 11/15/07 - STREETS - BILL 070873, ETC. LLP, 260 Broad Street, Philadelphia, PA 19102. The purpose of this ordinance 5 is to place on the City Plan two rights-of-way for drainage purposes to facilitate management of storm water runoff and drainage in the new development. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you, gentlemen. Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, this concludes the public hearing on the Committee of Streets and Services. 23 11/15/07 - STREETS - BILL 070873, ETC. We will now go into the public meeting. Bill No. 070874 is being held. I would ask the Vice Chair of this Committee, Councilman Ramos, to ask for motions on the remaining bills.
Thank you, Mr. Chairman. I move that Bill No. 9 070873 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070873 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? 24 11/15/07 - STREETS - BILL 070873, ETC. (No response.) COUNCILMAN DiCICCO: The bill 4 is approved. Councilman Ramos.
I move that Bill No. 070954 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070945 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) 25 11/15/07 - STREETS - BILL 070873, ETC. COUNCILMAN DiCICCO: The bill 3 is approved. Councilman Ramos.
I move that Bill No. 070958 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070958 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 26 11/15/07 - STREETS - BILL 070873, ETC. is approved. Councilman Ramos.
I move that Bill No. 070904 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070904 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 25 is approved. 27 11/15/07 - STREETS - BILL 070873, ETC. Councilman Ramos.
I move that Bill No. 070935 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070935 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 24 is approved. Councilman Ramos. 28 11/15/07 - STREETS - BILL 070873, ETC.
I move that Bill No. 070939 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070939 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 23 is approved. Councilman Ramos.
I move that 29 11/15/07 - STREETS - BILL 070873, ETC. Bill No. 070954 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 070954 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: This concludes the public meeting on the Committee of Streets and Services. Thank you all for attending. (Committee on Streets and 30 11/15/07 - STREETS - BILL 070873, ETC. Services adjourned at 10:05 a.m.) - - - 31 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on November 15, 2007, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)