COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE COUNCIL COMMITTEE ON STREETS AND SERVICES - - - Room 696, City Hall Philadelphia, Pennsylvania Thursday, 5/30/02, 2:30 p.m. - - - BILL 020049 - Re permitted vending locations in CC. BILL 020167 - Authorizing 801 Market St. Holdings... BILL 020168 - " " " " " " BILL 020254 - Crefeld Street parking regulation. BILL 020257 - Revision of lines and grades... BILL 020259 - Authorizing Liberty Property to... BILL 020277 - " " " " " BILL 020339 - " " " " " BILL 020341 - Paving of Douglas Street... BILL 020342 - Drexel U. to construct and maintain... BILL 020349 - Revision of lines and grades... BILL 020357 - Stop signs on of Krewstown Road. BILL 020350 - Authorizing vacating of River Road. BILL 020351 - Authorizing Maggiano's to... BILL 020352 - " Pigalle Restaurant to... BILL 020353 - Revision of lines and grades... BILL 020354 - Authorizing Holy Name of Jesus... BILL 020356 - Granting permission to Payal News... BILL 020358 - Revision of lines and grades... BILL 020359 - Authorizing Center City District to... BILL 020360 - Granting permission Redhouse Bagels... BILL 020362 - " " to 18th & Walnut... COUNCILMEMBERS PRESENT: Frank DiCicco, Chair Donna Reed Miller Darrell L. Clarke Angel Ortiz David Cohen Frank Rizzo - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 5/30/02 STREETS & SERVICES INDEX WITNESS BILL 020254 C. Denny, Asst. Chief Traffic Engineer........ BILL 020357 C. Denny, Asst. Chief Traffic Engineer........ A. Boyle, Chief of Staff, Councilman O'Neill 6 BILL 020257 Paul Lonie, Survey Bureau Manager, Streets.... 27 Martin Soffer, City Planning Commission....... 27 BILL 020277 Paul Lonie, Survey Bureau Manager, Streets.... 29 Martin Soffer, City Planning Commission....... 29 BILL 020339 Paul Lonie, Survey Bureau Manager, Streets.... 32 Martin Soffer, City Planning Commission....... 32 BILL 020341 Paul Lonie, Survey Bureau Manager, Streets.... 34 BILL 020349 Paul Lonie, Survey Bureau Manager, Streets.... 35 Martin Soffer, City Planning Commission....... 36 BILL 020350 Paul Lonie, Survey Bureau Manager, Streets.... 37 Martin Soffer, City Planning Commission....... 37 BILL 020353 Paul Lonie, Survey Bureau Manager, Streets.... 38 Martin Soffer, City Planning Commission....... 39 Carl Primavera, Esq., Counsel to M. Asbell.... 40 BILL 020358 Paul Lonie, Survey Bureau Manager, Streets.... 43 Martin Soffer, City Planning Commission....... 43 BILL 020342 W. Watts, Technical Services, Streets......... 45 Joseph Casaseri, Vice President............... 46 Government Community Relations Drexel and Hahnemann Universities 3 5/30/02 STREETS & SERVICES INDEX (cont'd.) WITNESS BILL 020259 W. Watts, Technical Services, Streets......... 48 BILL 020351 W. Watts, Technical Services, Streets......... 50 BILL 020352 W. Watts, Technical Services, Streets......... 52 BILL 020354 W. Watts, Technical Services, Streets......... 53 BILL 020356 W. Watts, Technical Services, Streets......... 55 Mr. Stack, Counsel to Payal News.............. 56 BILL 020359 W. Watts, Technical Services, Streets......... 57 Paul Levy, Center City District............... 58 BILL 020360 W. Watts, Technical Services, Streets......... 61 BILL 020362 W. Watts, Technical Services, Streets......... 63 BILL 020167 W. Watts, Technical Services, Streets......... 65 J. Balka, Esquire, Counsel, United Vendors.... 66 Carl Primavera, Esq., Counsel, 801 Market..... 66 BILL 020168 W. Watts, Technical Services, Streets......... 68 Carl Primavera, Esq., Counsel, 801 Market..... 69 BILL 020049 O. Haigler, Legislative/Reg. Affairs, Streets 70 James Kenny, General Manager, Strawbridge's... 71 J. Balka, Esquire, Counsel, United Vendors.... 4 5/30/02 STREETS & SERVICES, BILL 020254
Good afternoon. This is the Committee on Streets and Services. Councilmembers Wilson Goode, Jr. here and there is Councilman David Cohen. Although that does not present a quorum, we are able to begin to take testimony, and hopefully, by the time we're ready to vote on the bills, we will have a quorum. We understand that other members of the committee are in the building, but they're at other meetings, so we expect them to be here. In the interest of time, we do want to get on with the hearing. So we will now move into the public hearing of the Committee on Streets and Services. The clerk will read the title of the first bill.
Bill No. 020254, an ordinance revising a parking regulation on Norman Lane, from Germantown Avenue to Crefeld Street.
So that you'll know, we'll be taking some of these bills out of order, and the reason we're doing that is some of these bills, we understand, won't have any testimony, and we can get through those rather 5 5/30/02 STREETS & SERVICES, BILL 020254 quickly, and those folks can move on with their other course of business. Thank you. (Witness comes forward.)
Good afternoon and please identify yourself for the record.
Good afternoon, Mr. Chairman and members of the committee. My name is Charles Denny, and I am the assistant chief traffic engineer here to testify on Bill 020256. The Streets Department has no 13 objections to this bill, but we do recommend the regulation be posted under trial ordinance. The hearing will be held in six months, and area residents and businesses will have an opportunity to comment on the regulation at that time, after seeing how the regulation operates. We have issued a work order to post the signs, and they should be installed shortly.
Any questions for this witness from the committee? (No questions.)
Anyone else here who wishes to testify on this bill? 6 5/30/02 STREETS & SERVICES, BILL 020357 (No response.)
Hearing none, the clerk will read the title of the next bill.
Bill No. 020357, an ordinance authorizing the installation of stop signs on Krewstown Road at the intersection of Layton Road.
Good afternoon again. My name again is Charles Denny, and I'm here to testify on Bill 020357. The Streets Department has objections to this bill. The Pennsylvania Vehicle Code requires PennDOT to develop regulations governing the traffic-control devices in accordance with the Federal Highway Administration's Manual on Uniform Traffic-Control Devices. These regulations apply to all public highways in Pennsylvania, and the City Solicitor has ruled that the Streets Department is legally obligated to comply with the Vehicle Code and related PennDOT regulations. Federal and state criteria require that an all-way stop be warranted by an engineering study of the traffic conditions, police accident records, traffic volume, speed, and sight 7 5/30/02 STREETS & SERVICES, BILL 020357 distances. The study conducted as a result of your request concluded that present-day conditions at this location do not satisfy federal and state warrants for an all-way stop. The following is a description of the analysis with respect to the conditions at Layton and Krewstown Road for an all-way stop: Warrant 1. Warrant 1 relates to locations where a traffic signal is warranted but, for some reason, cannot be immediately installed. An all-way stop control could be established temporarily pending traffic-signal installations. Conditions do not satisfy warrants for a traffic signal here; therefore, Warrant is not satisfied. Warrant relates to accident experience. Police accident records for or more reportable within a 12-month period corrected by an all-way stop installation satisfy Warrant 2. According to police accident records from January 1990 to April 2002, there were no reportable correctable accidents at this intersection; therefore, Warrant 2 is not satisfied. Warrant 3 relates to vehicles and pedestrian volumes and requires that the total 8 5/30/02 STREETS & SERVICES, BILL 020357 vehicle volume entering the intersection from all approaches averages at least 500 vehicles per hour for any hours of the average day. The combined 5 vehicle and pedestrian volume from the minor roadway, Layton roadway, averages at least 200 vehicles and pedestrians per hour for the same 8 hours. m. m. traffic hours average 24 vehicles per hour entering the intersection from Layton Road and 2 pedestrians per hour crossing Krewstown Road totaling 26 units per hour. This is 12 percent of the minimum 200 required. Obviously, an 8-hour average would be even lower; therefore, Warrant 3 is not satisfied. All-way stops are very important safety devices and have saved the City thousand of traffic crashes per year for the past 30-plus years the City has used them. The overuse and misuse of these devices reduces their effectiveness. Drivers who travel through unwarranted all-way stops tend not to stop and to roll through these intersections. Drivers also tend to do the same at warranted all-way locations, increasing the number of crashes that occur at those intersections. 9 5/30/02 STREETS & SERVICES, BILL 020357 At intersections like Layton Road and Krewstown, the placement of an unwarranted stop could cause an increase in the number of crashes. As we stated before, there were no reportable crashes for and a third years at this 7 intersection. However, there were three reportable 8 non-intersection crashes in the same years. The last one that occurred involved a drunk driver running into parked cars. Another one involved a driver falling asleep and running into a parked car. The third involved a pedestrian on roller blades running down a driveway ramp and into the side of a stopping van and hitting the van. The van driver was in the process of stopping and swerving to avoid hitting the pedestrian. The 12-year-old boy indicated he was not injured. An all-way stop at this intersection would not have prevented any of these three crashes. We understand the frustrations of the people living on Krewstown Road near Layton Road.
There is a problem with vehicles speeding on Krewstown Road and of some sideswiping of parked vehicles. 10 5/30/02 STREETS & SERVICES, BILL 020357 There were non-state-reported crashes in those 12 and one-third years, for a total of 8 crashes in the vicinity of Krewstown and Layton. None of the eight crashes indicated they were intersection crashes. Installing an all-way stop here does not reduce these types of crashes. For example, the intersection of Morefield and Woodfern Roads, which is an all-way stop location a short distance north from Layton road, has 10 crashes over an 11-year period; only 2 indicated they may be intersection-related; the remainder are similar to the crashes occurring on Layton-Krewstown. So in the vicinity of Morefield and Woodfern Roads, we had an non-intersection crashes and 2 intersection crashes in years; while in the vicinity of Layton and Krewstown Road, we had 8 non-section crashes and no intersection in 12 and a third years. This indicates that we cannot expect any safety benefits from installing all-way stop at Krewstown and Layton Roads. At Layton Road and Krewstown Road, we are not dealing with a borderline situation but, rather, one in which prevailing traffic conditions fall short of the minimum required by the Federal 11 5/30/02 STREETS & SERVICES, BILL 020357 Highway Manual and the Pennsylvania Vehicle Code for the installation of an all-way stop control. If you have any questions, I will be happy to answer them.
Are there any questions from the committee? (No questions.)
Anyone else here who wishes to testify? (Witness comes forward.)
Good afternoon, Mr. Chairman and members of the committee. My name is Anne Marie Boyle, and I'm Chief of Staff to Councilman Brian O'Neill, and the Councilman asked me to testify on this particular bill, Bill No. 17 020357. One of the reasons we're here is mainly because many of the neighbors on this particular street that we're discussing the installation of stop signs on have many small children and are unable to attend, so he asked me to be here to particular give their concerns. Over the years, we have an unprecedented amount of phone calls, letters, and 12 5/30/02 STREETS & SERVICES, BILL 020357 petitions from our constituents. It's been publicized in the media -- I believe it was on Channel right before Easter where a car was 5 crashing into an individual's front porch. This 6 area is also homes of many, many small children. The other concern that we have is on our local civic association; this has been on their agenda now for several years, and they are repeatedly requesting our help in requesting stop signs. We do our very best to work within the confines and with the Streets Department, but we mon this particular bill, respectfully request that the committee vote this bill out favorably. Thank you very much for giving me this opportunity to testify.
Thank you for your testimony. Any questions for this witness? Councilman Rizzo?
I would like to comment on the issue of stop signs. I know we had a donnybrook in one of our Council sessions about -- or hearings about the State warrants that are 13 5/30/02 STREETS & SERVICES, BILL 020357 required to put a stop sign at a particular location, and I know that constantly, I get requests from my constituents about wanting stop signs at various locations. I know that the Streets Department has knocked themselves out and wrote letters to the district manager of PennDOT or to whoever at PennDOT, appealing to them to waive the warrants -- is that the proper terminology? -- and authorize the Streets Department to install a stop sign at a particular location. And I would hope that eventually, we can use commons sense -- meaning the Streets Department -- and I've been told so many times that, yeah, really, a stop sign should be there, but the State says it shouldn't be there. Well, can we do what we want to do? If we want to put a stop sign up -- and I know that, again, there were a lot of conversations about what we can do and what we can't do. So I'd like to hear from the Streets on what we can do and what we can't do, because every time we ask for a stop sign, it seems like it's a survey that takes a long time, and then we're told 14 5/30/02 STREETS & SERVICES, BILL 020357 we can't do it. And then if we're told we can't do it, what can we do?
Okay. Well, we have installed some all-way stops over the past few years at some locations. This is not an intersection that would qualify because of the conditions. There's very little traffic coming out of Layton Road, and any driver driving north on Krewstown or south on Krewstown's going to realize that, and they're going to have a tendency not to stop. Occasionally, a driver's going to come along that's going to stop and is going to get rear-ended because of it. But a stop sign at this location, which is a T-intersection and has good sight distance, does not make sense because it doesn't control the crashes. Stop signs controlling speeding doesn't always work.
Or in the community's mind, there's a need for a stop sign. So are they looking at it without statistics, or 15 5/30/02 STREETS & SERVICES, BILL 020357 are they -- well, could you just take a minute and explain the State's role in this entire issue? 'Cause I'd just like to tell 'em, you know, leave us alone. How much control do they have over this issue and why do we pay so much attention to it when we listen to very little of what the State says on other issues?
Sure, I yield. Mr. Chairman, is that's all right with you to yield to Councilman Ortiz?
I -- you make -- you make one, two, three statements in terms of how the warrants are not satisfied.
And then you make a statement in the paragraph right below that, the second page, that makes a -- that makes me wonder. You said that the placement of an unwarranted all-way stop could cause an increase of the number 16 5/30/02 STREETS & SERVICES, BILL 020357 of crashes. How do you come to that conclusion and on what basis? And what empirical data do you have in terms of that that, that we can digest? because obviously, what you're saying is that what Councilman Brian O'Neill wants is something that will lead to death and more crashes at that intersection. I don't think he would want that.
And I believe that this Council would not want that either. However, we face this across the board. Every time we want a yellow light or a stop sign or a red light or whatever, the Streets Department continuously throws these statements with really no 18 supportable data with it. And if you have empirical data that can support this, I don't think any one of us and I don't think Brian O'Neill would argue that obviously, we're not going to approve something that is going to cause a huge increase in crashes at that intersection. So I would like you to explain that, 17 5/30/02 STREETS & SERVICES, BILL 020357 and if you have the data, to submit it to this committee.
Well, the crashes occurring at this intersection are non-intersection crashes, the cars being --
I'm not asking you to explain to me the crashes that are occurring.
I just want an explanation that says the placement would increase the crashes, cause an increase of the number of crashes at the intersection.
We -- there have been some locations where we have removed all-way stops and lowered crashes at those locations, which are similar; they're locations which have --
Again, again, what I'm saying to you is: Do you have data that would support this? Because we would like to -- you know, we're getting to the point where we can read, write, and really read reports. Do you have empirical data that would support that statement that you just made?
We can get data at some of 18 5/30/02 STREETS & SERVICES, BILL 020357 the locations where we've removed all-way stops and had a reduction in crashes as a result of doing so.
I'd just like to interject for a moment. Isn't it so that in a lot of cases, accidents occur that are unreported. So the data that you're supplying in your testimony are only on those accidents that have been reported.
I mean, so hypothetically, there could have been a dozen or two dozen more accidents, but they were not accidents that warranted a report, and maybe the two parties agreed to settle it out of the insurance, by way of insurance, or just a gentleman's agreement, if you will. That happens; is that correct?
All right. This -- by the way, for the people in the audience, this was one of the non-controversial bills I wanted to get out of the way.
Can I finish, please, for another minute? 19 5/30/02 STREETS & SERVICES, BILL 020357
Just to finish my thought, in the corporate world, they have large organizations, and we have one here in the City of Philadelphia called "Risk Management," where a professional person goes out before an accident. I mean, we get criticized all the time because somebody gets killed or something very serious occurs, then we put blinker lights up at school crossings and we put stop signs up, and we do all kinds of things to react. Don't we have traffic engineers that can go out and look at an intersection and say, you know, that's really a bad situation there. We haven't had a lot of accidents, but when we do have one, it's going to be a big one. Can't we just use our common sense and our brain occasionally and let professional people say -- and forget counting the accidents that may not get reported, 'cause I know there's minor fender-benders in my neighborhood all the time where the people get out, they exchange cards and wait two hours for the police to show up, they 20 5/30/02 STREETS & SERVICES, BILL 020357 don't come because they're busy doing other things. So they don't report the accident. But years ago, when they came in five minutes, it became a report that had some data associated with it. But today, many people don't just hang around for two hours to have the police show up and report an accident. But you would think that they would look at these things and say, Yeah, that's a bad intersection, it's tough to pull out and see the opposing traffic, and that really should get a stop sign. I mean, if using this thing with the warrants and the State is just a way to avoid work, that's not right.
I asked you the question and I need an answer, please. How controlled are we by the State of Pennsylvania with this thing that we spend a lot of time, on these warrants? And how restrictive is that; and if we ignore it, what's the ramifications?
The ramifications is that 21 5/30/02 STREETS & SERVICES, BILL 020357 we could lose federal funding in some projects in some areas.
Well, I have a good -- I know George Bush so I think he could probably -- and that's a pretty --
I'm impressed. We're going to get the President to sign an order to put a stop sign in Northeast Philly. I'm impressed.
Councilman Rizzo, you're welcome to come in my district any day.
Well, I spend a lot of time there. But seriously, how big a deal is ignoring these warrants? 22 5/30/02 STREETS & SERVICES, BILL 020357
We do need warrants. Whether we have the warrants that we had changed, we do need warrants. We have 22,000 intersections in the City. Slightly under 3,000 are signals and around another 3,000 are all-way stops. But without warrants, we have no basis for turning some down and putting others in, and we cannot end up with 22,000 or --
What about using the education that a traffic engineer that works for the Streets Department goes into a particular location like this one and said, You know, this really should have a stop sign. Why can't we allow or empower a traffic engineer, a guy, a lady around the school and understands the issue; why can't they be the authority?
Well, in this particular case, I've been there, and a number of other traffic engineers have been to that intersection, and we've not come to the conclusion that it needs an all-way stop.
Ignoring the warrants -- 23 5/30/02 STREETS & SERVICES, BILL 020357
But beyond the warrants, you're saying that as a professional, it's not required.
Mr. Chairman, if I could beg the committee's indulgence, first of all, I'd like to thank Councilman Rizzo and Councilman Ortiz because they brought up a point which -- I'm a little novice about testifying before this committee, but one of the things that I wanted to make a point of and which I failed to do is, one of the reasons we feel that this installation of an all-way stop sign should be done is because, as Councilmen Rizzo and Ortiz had mentioned, not only with the community, but we feel it warrants it because this particular street is a long, straight away with a curve at the end. So I think this -- you know, obviously from the Streets Department's point of view, it does not meet the warrants on this particular matter, but because this street does come to a quick curve at the end and this seems to be where all of the accidents are occurring, we do feel that 24 5/30/02 STREETS & SERVICES, BILL 020357 although it doesn't meet these requirements, it certainly meets the requirements of the community and their concerns. Thank you very much.
Thank you. Thank you for your testimony. Any other questions for these witnesses? (No further questions.)
Let the record reflect that we do have a quorum: Councilman Ortiz and Councilwoman Donna Miller here was just here, along with Councilman Rizzo. Mr. Denny?
Yes. We do understand that there is a long stretch between Grant Avenue up to Northwalk Road on Krewstown-Northeast Avenue where there is no controls and there is speeding that goes on that road. We recently, when we resurfaced the road, we put down paper markings, which narrowed down the path and providing guidance, additional guidance, to the motorists traveling northbound that there was a -- we marked a 25 5/30/02 STREETS & SERVICES, BILL 020357 shoulder. The problem that goes on in this area is that parked cars are being sideswiped. We were doing that in hopes of eliminating the sideswiping. The last crash that occurred involved a drunk driver running off the road and smashing some cars and ending up on a front lawn.
You do understand that we expect the data supporting the statement that it will increase crashes.
We are also willing to try other measures to try to get the speed down. We're considering using soft rumble strips to slow down the speed on this particular stretch of roadway, and we would like an opportunity to try that out first.
Thank you. 5/30/02 STREETS & SERVICES, BILL 020257 Any other questions? (No further questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Seeing none, the clerk will read the title of the next bill.
Bill No. 020257, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by relocating the northerly curb line of St. James Street approximately three feet northwardly from West Washington Square to a point approximately 116 feet westwardly therefrom; by relocating the northerly curb line of St. James Street approximately 11-feet-6-inches northwardly from Eighth Street to a point approximately 136 feet eastwardly therefrom; and by locating the northerly house line of St. James Street approximately 6 feet northwardly from Eighth Street to a point approximately 136 feet eastwardly therefrom, all under certain terms and conditions, including the dedication of the widened portion of St. James Street. 27 5/30/02 STREETS & SERVICES, BILL 020257 (Witnesses come forward.)
Good afternoon, Mr. Chairman and members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020257. This is not an administration ordinance 10 but an ordinance requested by Mr. Peter Shaw of the Wallace Building, 642 North Broad Street, who represents St. James Associates, a joint venture. The purpose of this ordinance is to grant the legal authority to widen the cartway St. James Street to accommodate the entryway of a high-rise complex. This is supported by the Department of Streets and is recommended to your committee for favorable action.
Good afternoon, Chairman and members of the Streets and Services Committee. My name is Martin Soffer and I represent the City Planning Commission. I am here today to testify on Bill No. 020257. The Planning Commission reviewed and approved the request for a zoning variance for the 28 5/30/02 STREETS & SERVICES, BILL 020257 proposed development of a 45-story, 309-unit apartment building, with 309 accessory parking spaces at its meeting of June 29, 1999. Therefore, the Planning Commission recommends approval for Bill 020257. Thank you.
Any questions for these witnesses from the comittee? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 29 5/30/02 STREETS & SERVICES, BILL 020277
Bill No. 020277, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 290 by striking from the City Plan and vacating the legally open portions of Fairview Street from Welsh Road to Hess Street, under certain terms and conditions.
Good afternoon, Mr. Chairman and members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020277. This is not an administration ordinance 16 but an ordinance requested by Mr. David German of German's Auto Repair, 3301 Welsh Road. The purpose of this ordinance is to strike and vacate Fairview Street from Welsh Road to Hess Street to improve security and eliminate short-dumping. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Good afternoon, Chairman and members of the Streets and Services Committee. 30 5/30/02 STREETS & SERVICES, BILL 020277 My name is Martin Soffer and I represent the City Planning Commission. I am here today to testify on Bill No. 020277. The Planning Commission reviewed and recommended approval of the Streets bill, which would permit the adjacent property owners to control the bed of this unneeded street at its meeting of May 22, 2002. Therefore, the Planning Commission recommends that Bill No. 020277 be approved. Thank you.
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 31 5/30/02 STREETS & SERVICES, BILL 020339
Bill No. 020339 an ordinance authorizing the revision of lines and grades on a portion of City Plan No.s 24-S and 25-S within an area bounded by New Hope Street, 29th Street, Tasker Street, and Vare Avenue, by striking from the City Plan and vacating Morris Street from a point approximately 496 feet east of Vare Avenue to 31st Street, Morris Street from 31st Street to a point approximately 388 feet west of 29th Street, and 31st Street from Morris Street to Mifflin Street; by placing on the City Plan Douglas Street, Natrona Street, 32nd Street, Napa Street, 31st Street, Corlies Street, 30th Street, Hollywood Street, Fernon Street, Morris Street, Moore Street, and Mifflin Street; by revising lines and grades of portions of 30th Street and Mifflin Street, and by striking from the City Plan and abandoning a certain right of way for drainage purposes and sewer purposes and lying within the lines of Mifflin Street extended from the 31st Street to Vare Avenue, all under certain terms and conditions, including the dedication to the City, free and clear of all encumbrances, of the beds of Douglas Street, Natrona Street, 32nd Street, Napa 32 5/30/02 STREETS & SERVICES, BILL 020339 Street, 31st Street, Corlies Street, 30th Street, Hollywood Street, Fernon Street, Morris Street, Moore Street, and Mifflin Street.
Good afternoon, Mr. Chairman and members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020339. This is not an administration ordinance 12 but an ordinance requested by Mr. Cardell Blue of the Philadelphia Housing Authority, 12 South 23rd Street, Philadelphia. The purpose of this ordinance is to strike and vacate Morris and 31st Street and add 12 new streets and revise the lines and grades on Mifflin Street for the development of the Tasker Homes Housing Project. This ordinance is supported by the Department of Streets and is recommended to the committee for favorable action.
Good afternoon, Chairman and members of the Streets and Services Committee. My name is Martin Soffer, and I represent the City Planning Commission. I am here today to testify on 33 5/30/02 STREETS & SERVICES, BILL 020339 Bill No. 020339. The proposed street actions will 4 allow for the construction of 552 dwelling units 5 within a 40-acre area of South Philadelphia. There 6 will be a meeting between PHA and the Planning 7 Commission staff to discuss house-lot layout and 8 related design changes before the Planning 9 Commission's approval of the preliminary plat of 10 subdivision. However, the staff supports and 11 recommends approval of Bill No. 020339. 12
Thank you. 13 Any questions for this witness? 14 (No questions.) 15
Anyone else here 16 who wishes to testify on this bill? 17 (No response.) 18
Hearing none, the clerk will read the title of the next bill. - - - 34 5/30/02 STREETS & SERVICES, BILL 020341
Bill 020341, an ordinance 3 authorizing the paving of Douglas Street, Natrona Street, 32nd Street, Napa Street, 31st Street, Corlies Street, 30th Street, Hollywood Street, Fernon Street, Morris Street, Moore Street, and Mifflin Street, under certain terms and conditions.
Good afternoon, Mr. Chairman and members of the Committee. Again, my name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020341. This is not an administration ordinance 15 but an ordinance requested by Mr. Cordell Blue of the Philadelphia Housing Authority, 12 South 23rd Street. The purpose of this ordinance is to pave these streets for the development of the Tasker Homes Housing Project. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Any questions for this witness from the committee? (No questions.) 35 5/30/02 STREETS & SERVICES, BILL 020349
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill.
Bill No. 020349, an ordinance authorizing the revision lines and grades on a portion of City Plan No. 242 by striking from the City Plan and vacating Cedar Park Avenue from of 69eth Avenue to Haines Street, and by placing on the City Plan a right-of-way for drainage purposes, water main purposes, and gas main purposes, under certain terms and conditions.
Good afternoon, Mr. Chairman and members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020349. This is not an administration ordinance 22 but an ordinance requested by Ms. Dawn Robinson of the Mt. Airy Baptist Church, 6801-15 Cedar Park Avenue. The purpose of this ordinance is to legally remove Cedar Park Avenue between 69th 36 5/30/02 STREETS & SERVICES, BILL 020349 Avenue and Haines Street from the City Plan to facilitate expanded parking and safety for the Mt. Airy Baptist Church. This ordinance is supported by the Department of Streets and is recommended to your committees for favorable action.
Good afternoon, Chairman and members of the Streets and Services Committee. My name is Martin Soffer and I represent the City Planning Commission. I am here today to testify on Bill No. 020349. This action would permit the Mt. Airy Baptist Church to incorporate this unneeded street within their property. The City Planning staff had reviewed and tentatively approved this action on April 10, 2002 and recommends that Bill 020349 be approved. Thank you.
Thank you. Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. 37 5/30/02 STREETS & SERVICES, BILL 020350
Bill No. 020350, an ordinance amending Section 2 of an ordinance (Bill 4 No. 010268) approved August 31, 2001, an ordinance 5 authorizing the vacating of River Road from a point approximately 10 foot southwest of the Philadelphia and Montgomery County line northeastwardly to the Philadelphia and Montgomery County line.
Good afternoon, Mr. Chairman and members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020350. This is a Councilmatic ordinance 16 requested by Councilman Michael Nutter. The purpose of this ordinance is to grant the legal authority to the Board of Surveyors to close River Road if it becomes necessary. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Mr. Chairman and members of the Committee, the Planning Commission has no 24 objections to this bill.
Anyone else here 38 5/30/02 STREETS & SERVICES, BILL 020353 who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill.
Bill No. 020353, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 238 by striking from the City Plan and vacating Swanson Street from Catharine Street northwardly to the Delaware Expressway (I-95), by reserving and placing a right-of-way for drainage purposes within the bed of Swanson Street and by striking from the City Plan and vacating Fitzwater Street from Christopher Columbus Boulevard westwardly to the Delaware expressway (I-95), all under certain terms and conditions.
Good afternoon, Mr. Chairman and members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020353. This is not an administration ordinance 25 but an ordinance requested by Klehr, Harris, Harvey 39 5/30/02 STREETS & SERVICES, BILL 020353 & Associates, Attorneys at Law, 260 South Broad Street. The purpose of this ordinance to strike and vacate these streets for developmental purposes. This ordinance is supported by the Department of Streets Department and is recommended to your committee for favorable action.
Good afternoon, Chairman and members of the Streets and Services Committee. My name is Martin Soffer and I represent the City Planning Commission. I am here today to testify on Bill No. 020353. The City Planning staff reviewed and tentatively referred this proposed change, which would permit Asbell & Associates to assemble this parcel of land for a proposed residential development on April 10, 2002. The approval of these street closings does not construe any position on the future development of the assembled parcel. Therefore, the staff recommends that Bill 22 No. 020353 be approved. Thank you. (Witness comes forward.)
Mr. Chairman and 40 5/30/02 STREETS & SERVICES, BILL 020353 members of the committee, Carl Primavera, and I'm here on behalf of the owner of the property. With me is Mr. Michael Asbell, who is the principal of the owner. Just by way of update for the Councilman, the last time we were here, there was a rezoning that took it from industrial to residential, and you encouraged us to see if we could do townhouses, and I'm pleased to say that even though this is just a conceptual plan, working with a single-family builder, Mr. Asbell's been able to give us an idea of what this townhouse community could look like. We're really talking about approximately 71 single-family dwellings that would sell in the area of maybe 4 to $500,000; 1440 square feet with, as you can see, very large gardens and other amenities. I just do this as a point of information. Our purpose here today is to make sure that the site has been rationalized so that it's available for development. There are small pieces of both Swanson and Fitzwater that bisect the property, and over 41 5/30/02 STREETS & SERVICES, BILL 020353 the many years, Mr. Asbell has finally been able to acquire some of the PennDOT property. And now, through this ordinance, if we're able to just clean up the site, which is a triangle, and take away the little bits of paper street that bisect it, then we'll have a buildable site. And then, hopefully, the next thing we'll do is come back to you and ask for streets to be put in, ask for zoning. So we're happy with our progress, and this is another step towards, hopefully, a nice development in your district.
Thank you. And it's a welcome addition. We all know the problems related to a number of the parcels there. I will move to have this bill reported out of committee today. I think my legislative assistant explained to you that we still encourage you to meet with the community, and if there are any issues with them -- I've had some informal conversations with Jeff Rush, who's one of community leaders of Old Swedes Court and a number of other residents. And the initial response was very favorable, but I think in the interest of everyone, it would -- you know how I do the process 42 5/30/02 STREETS & SERVICES, BILL 020353 thing. I appreciate you going through that process. But I will ask that we vote the bill 5 out today, hopefully, with a favorable recommendation by the members of my committee, and we'll wait to hear from you. I think next week, you're going to try to schedule a meeting with the community?
Thank you very much. Any other questions for these witnesses? (No further questions.)
Hearing none, the clerk will read the title of the next bill. - - - 43 5/30/02 STREETS & SERVICES, BILL 020358
Bill No. 020358, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 319 by striking from the City Plan and vacating Whitaker Avenue from Rhawn Street northeastwardly to its terminus, under certain terms and conditions.
Good afternoon, Mr. Chairman and members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020358. This is not an administration ordinance 15 but an ordinance requested by Mr. John Rivas of the Chestnut Wood Company, 300 Chestnut Wood Lane, Bensalem, Pennsylvania. The purpose of this ordinance is to grant the legal authority to vacate Whitaker Avenue to facilitate the development of a new CVS Pharmacy. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Mr. Chairman and members of the Committee on Streets and Services, my name 44 5/30/02 STREETS & SERVICES, BILL 020358 is Martin Soffer, representing the City Planning Commission. The City Planning Commission reviewed and approved this action as part of the adjacent Meadowbrook residential development at its meeting of November 2, 2000. Therefore, the Planning Commission recommends approval for Bill No. 020358. Thank you.
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 45 5/30/02 STREETS & SERVICES, BILL 020342
Bill No. 020342, an ordinance authorizing Drexel University to construct and maintain various encroachments in, on, and under the raised triangular area in the public right-of-way within the area bounded by 32nd Street as it extends north of Market Street, Market Street and Lancaster Avenue, and to construct, use, and maintain a conduit trench for water service and electric service under the north footway of Market Street, 32nd Street and the raised triangular area, all under certain terms and conditions. (Witness comes forward.)
Excuse me. Before you begin, let the record reflect that Councilmember Clarke, who's also a member of the Streets and Services Committee, is now present. Please begin with your testimony and state your name for the record.
Good afternoon, Chairman and members of the committee. My name is Williams Watts, and I'm the Technical Services Officer for the Streets Department, and I'm here to testify on Bill No. 020342 on behalf of the Streets Department. 46 5/30/02 STREETS & SERVICES, BILL 020342 The bill authorizes Drexel University to construct and maintain various encroachments within a raised triangular area and to construct, own, and maintain underground water and electric service to the raised triangular area. The encroachment descriptions are as follows: A granite sign; three flagpoles approximately 30 foot high; four trees within landscaped area of the raised triangular island; two accessory floodlights within the island to eliminate the granite sign; an underground irrigation system within the landscaped portion of the island; and a series of conduits that will run from the property 3215 Market Street into the island to provide water and electrical service. The Streets Department has reviewed the construction plans for this project and has no 19 objection to the passage of this bill.
Mr. Chairman and members of the committee, my name is Joseph Casaseri (ph, 47 5/30/02 STREETS & SERVICES, BILL 020342 Vice President for Government Community Relations at Drexel and C.P. Hahnemann Universities. Thank you for your time today. This island project will be a gateway to the Drexel campus as well as to University City and our West Philadelphia community. We are happy to have the support of the immediate neighbors, the Powelton Village Civic Association, on this project, and their letter of support is attached to your documents. This is a part of the growing process that Drexel has undertaken in our five-year strategic plan, which we encountered and listed back in 1998. At the same time, construction on the 32nd Street causeway, which is right next to the island, will be completed in the fall. We hope that both projects will be completed simultaneously. Thank you.
Thank you. Any questions for these witnesses from the committee? (No questions.)
Anyone else here 48 5/30/02 STREETS & SERVICES, BILL 020259 who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill.
Bill No. 020259, an ordinance authorizing Liberty Property Philadelphia Limited Partnership II, owner of the property Three Franklin Plaza, 1600 Vine Street, Philadelphia, PA, 19101, to construct and maintain two aluminum flagpoles, four inground floodlight fixtures and appurtenances in, under, and on the south footway of Vine Street, adjacent to Three Franklin Plaza, all under certain terms and conditions.
Good afternoon, Chairman and members of the committee. My name is William Watts, and I'm the Technical Services Officer for the Streets Department, and I am here to testify on Bill No. 020259 on behalf of the Streets Department. The bill authorizes Liberty Property Philadelphia Limited Partnership II, owner of Three Franklin Plaza, 1600 Vine Street, to construct and maintain a total of two aluminum flagpoles and four inground lights in, on, and under the south footway 49 5/30/02 STREETS & SERVICES, BILL 020259 of Vine Street, near the corner of 16th and Vine. The Streets Department has reviewed the construction plans for this project and has no 5 objection to the passage of this bill.
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 50 5/30/02 STREETS & SERVICES, BILL 020351
Bill No. 020351, an ordinance authorizing Brinker International, Inc. d/b/a Maggiano's, a tenant of the property 1201-1239 Filbert Street, Philadelphia, PA, 19107, to construct and maintain various encroachments projecting onto and over the north footway of Filbert Street and the west footway of 12th Street, all under certain terms and conditions.
Good afternoon, Chairman and members of the committee. My name is William Watts, and I am the Technical Services Officer for the Streets Department, and I'm here to testify on Bill No. 020351 on behalf of the Streets Department. The bill authorizes Brinker International Incorporated, owners of Maggiano's and tenants of the Filbert Street Association, to construct and maintain the following encroachments on and above the public footway adjacent to the property 1201-30 Filbert Street: A fabric canopy with mounted light fixtures supported by posts; a revolving door; a total of ten wall-sconce fixtures; a total of seven rigid awnings; and a removable cafe awning. 51 5/30/02 STREETS & SERVICES, BILL 020351 The Streets Department has reviewed the plans for this project and has no objections to the passage of this bill.
Thank you. Any questions for this witness? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 52 5/30/02 STREETS & SERVICES, BILL 020351
Bill No. 020352, an ordinance granting permission to Pigalle LLC, T/A Pigalle Restaurant, located at 702-704 North Second Street, Philadelphia, PA, 19123, to operate and maintain an open-air sidewalk cafe on the west footway of North Second Street, adjacent to 702-704 North Second Street, under certain terms and conditions.
Good afternoon, Chairman and members of the committee. My name is William Watts, and I'm the Technical Services Officer for the Streets Department, and I'm here to testify on Bill No. 020352. The bill authorizes Pigalle, trading as Pigalle Restaurant, to operate an open-air cafe on the west footway of North Second Street. Three tables are proposed on the west footway of North Second Street, no rails will be used, and a minimum of an eight-foot clear width will be maintained for all pedestrians. All encroachments leave adequate width and clearance of unobstructed footway. Therefore, the Streets Department has no objection to the passage of this bill.
Thank you. 53 5/30/02 STREETS & SERVICES, BILL 020354 Any questions for this witness? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill.
Bill No. 020354, an ordinance authorizing the Holy Name of Jesus Parish, owner of the property 700-712 East Gall Street, Philadelphia, PA, 19125, to construct, own, and maintain a retaining wall with a mounted fence and landscaped area on and over the south footway of East Gall Street, adjacent to the property, all under certain terms and conditions.
Good afternoon, Chairman and members of the committee. My name is William Watts, and I'm the Technical Services Officer for the Streets Department, and I am here to testify on Bill No. 020354. The bill authorizes Holy Name of Jesus Parish, owner of the property 700-712 East Gall Street, to construct, own, and maintain a retaining wall with a mounted fence adjacent to the 54 5/30/02 STREETS & SERVICES, BILL 020354 above-mentioned property on and over the south footway of East Gall Street. The area between the retraining wall and the building facade will include landscaping and a religious shrine. The Streets Department has reviewed the construction plans for this project and has no 8 objection to the passage of this bill.
Thank you. Any questions for this witness? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 55 5/30/02 STREETS & SERVICES, BILL 020356
Bill No. 020356 an ordinance granting permission to Payal News, owner of the newsstand at the northwest corner of 11th Street and Market Street, to construct, use, and maintain an electrical conduit with an electrical service line and a telecommunications conduit with a telephone service line in and under the public right-of-way for the purpose of supplying electrical service and telephone service to the newsstand, under certain terms and conditions.
Good afternoon, Chairman and members of the committee. My name is William Watts, and I'm the Technical Services Officer for the Streets Department, and I am here to testify on Bill No. 020356. This bill grants permission to Payal News, owner of the newsstand located on the northwest corner of 11th and Market Street, to construct, use, and maintain underground electrical and telephone services lines in and under the public right-of-way for the purpose of supplying electrical and telephone service to their newsstand. The Streets Department has reviewed the 56 5/30/02 STREETS & SERVICES, BILL 020356 construction plans for this project and has no 3 objections to the passage of this bill.
Mr. Chairman, good afternoon, and members of the committee, good afternoon. I don't have any additional testimony to offer, but I do have in the hearing room the beneficiaries of this ordinance. So if the panel has any questions for them, they're prepared to answer them.
Any questions for these witnesses or the applicants? (No questions.)
Anyone else here who wishes to testify for or against this bill? Seeing none, the clerk will read the title of the next bill. Thank you, Mr. Stack.
Thank you, Mr. Chairman. - - - 57 5/30/02 STREETS & SERVICES, BILL 020359
Bill No. 020359, an ordinance authorizing the Center City District to construct, own, and maintain 97 pedestrian streetlight poles and luminaires along Market Street between 15th Street and the Schuylkill River, and 50 pedestrian streetlight poles and luminaires along John F. Kennedy Boulevard between 15th Street and 20th Street, all under certain terms and conditions. (Witness comes forward.)
Good afternoon, Chairman and members of the committee. My name is William Watts, and I'm the Technical Services Officer for the Streets Department, and I am here to testify on Bill No. 020359. The bill authorizes the Center City District to construct, own, and maintain 97 streetlight poles, luminaires, and footings on the north and south footways of Market Street from 15th Street to the Schuylkill River, and 50 streetlight poles, luminaires and footings on the north and south footway of JFK Boulevard between 15th and 20th. The Streets Department has reviewed the 58 5/30/02 STREETS & SERVICES, BILL 020359 construction plans for this project and has no 3 objection to the passage of the bill. (Witness comes forward.)
Good afternoon, Mr. Chairman and other members of the committee. First I want to thank Councilman Darrell Clarke for introducing this ordinance and for his support. This is a project we are carrying out jointly with the Streets Department to improve both vehicular lighting and pedestrian lighting, and we're really pleased to have the support not only of Council but of the Streets Department. We have requested two minor technical amendments, which, if it's appropriate, I will suggest what they are at this point? Yeah, there are two minor amendments in the bill itself. In Section 2, paragraph a., there is an either/or clause that suggests that an agreement will be signed between the Streets Department and the CCD, in which we will provide either a surety bond or evidence to the Streets Department that we will self-insure. We are requesting that the first part, 59 5/30/02 STREETS & SERVICES, BILL 020359 the surety bond, be stricken. The CCD is a municipal authority, and it has self-insured on all previous projects, and so we would like to simply carry forward with the same procedure we've used with the Streets Department in the past. The other item is in that same section, Paragraph e., in which there is a requirement that after these pedestrian light poles are installed to light the public roadway, that at notice from the City within 60 days, we would remove all of them. We think that's a provision that is appropriate if we were a private property owner installing a restaurant, but these are public light fixtures, which, we think, will benefit the entire public; and obviously, if there's construction that these interfere with, they'd be removed, but a provision that would put us financially responsible to remove all of these, we think, is probably not appropriate. So we would like to request those two minor amendments, but otherwise, we're eager to work closely with the City on this.
Do we have copies of the amendment? 60 5/30/02 STREETS & SERVICES, BILL 020359
Yes, I have copies right here that I can provide to you. In the letter, which I'm providing, which is addressed to Councilman Clarke, there are three amendments we've requested in writing, but in conversation with the Law Department and the Councilman, we realized that one of them would require changing the caption, which would require readvertising, so we're withdrawing the first one in this letter and only requesting the two that I highlighted.
So noted. Thank you. Any questions for these witnesses? (No questions.)
Anyone else here who wishes to testify for or against the bill? (No response.)
Seeing none, the clerk will read the title of the next bill.
You're welcome. - - - 61 5/30/02 STREETS & SERVICES, BILL 020360
Bill No. 020360, an ordinance granting permission to Redhouse Bagels and Deli, LLC, tenant of the property 2501 oliver Street Philadelphia, PA, 19130, to operate and maintain an open-air sidewalk cafe on the west footway of North 25th Street and the south footway of Olive Street adjacent to the property 2501 Olive Street, under certain terms and conditions.
Good afternoon, Chairman and members of the committee. My name is William Watts, and I'm the Technical Services Officer for the Streets Department, and I'm here to testify on Bill No. 020360. The bill authorizes Redhouse Bagels and Deli. Tenant of 2501 Olive Street, to operate an open-air sidewalk cafe on the west footway of North 25th Street and the south footway of Olive Street. Seven tables are proposed on the west footway of North 25th Street, and one table is proposed for the south footway of Olive Street. No rails will be used. A minimum of a 9-foot clear width will be maintained for pedestrians on North Olive Street, and a minimum of 7-feet-6-inches clear will be maintained for pedestrians on Olive Street. 62 5/30/02 STREETS & SERVICES, BILL 020360 All encroachments leave adequate width and clearance of unobstructed footway; therefore, the Streets Department has no objection to the passage of this bill.
Thank you. Any questions for this witness from the committee? (No questions.)
Anyone else here would wishes to testify for or against the bill? (No response.)
Seeing none, the clerk will read the title of the next bill. - - - 63 5/30/02 STREETS & SERVICES, BILL 020362
Bill No. 020362, an ordinance granting permission to 18th and Walnut News, Inc., owner of the newsstand at the Northeast corner of 18th and Walnut Street, to construct, use, and maintain an electrical conduit with an electrical service line and a telecommunications conduit with a telephone service line in and under the east footway of 18th Street for the purpose of supplying electrical service and telephone service to the newsstand, under certain terms and conditions.
Good afternoon, Chairman and members of the committee. My name is William Watts, and I'm the Technical Services Officer for the Streets Department, and I'm here to testify on Bill No. 020362. This bill grants permission to the 18th and Walnut News, Incorporated, owner of the newsstand located on the northeast corner of 18th and Walnut, to construct, use, and maintain an underground electrical and telephone services line in and under the east footway of 18th Street for the purpose of supplying electrical telephone service to their newsstand. 64 5/30/02 STREETS & SERVICES, BILL 020362 The Streets Department has reviewed the construction plans for this project and has no 4 objection to the passage of the bill.
Thank you. Any questions for this witness from the committee? (No questions.)
Anyone else here to testify for or against the bill? (No response.)
Seeing none, the clerk will read the title of the becomes bill. - - - 65 5/30/02 STREETS & SERVICES, BILL 020167
Bill No. 020167, an ordinance authorizing 801 Market Street Holdings, LLC, owners of the property 801 Market Street, Philadelphia, PA, 19107, to construct, use, and own and maintain two private pedestrian light posts with underground appurtenances and conduit in, on, and under the west footway of Eighth Street adjacent to the property 801 Market Street and one concrete-encased duct bank within the public right-of-way to supply electrical service to the property 801 Market Street, all under certain terms and conditions.
Good afternoon, Mr. Chairman and members of the committee. My name is William Watts mand I'm the Technical Services Officer for the Streets Department, and I'm here to testify on Bill No. 020167. The bill authorizes 801 Market Street Holdings, owner of the Strawbridge's building, to construct, own, and maintain the following encroachments on the west footway of South Eighth Street adjacent to the property 801 Market: Two private aluminum pedestrian light posts; one 2-inch diameter conduit providing electrical service to 66 5/30/02 STREETS & SERVICES, BILL 020167 feed the pedestrian light post; one concrete- encased duct bank with two 5-inch diameter conduits providing electrical service connection to the building. All encroachments leave adequate width and vertical clearance of unobstructed footway; therefore, the Streets Department has no objection to the passage of this bill.
Councilman, I'm Jerry Balka, and I'm here on behalf of United Vendors. And through your good office, we were furnished with a copy of this plan, investigated it, and it does not affect the two existing vendors on that sidewalk, and we think it's going to make a nice entranceway.
Thank you. Any questions for these witnesses? (No questions.)
Anyone else to wishes to testify on the bill. Mr. Primavera?
Yes, Mr. Chairman. 67 5/30/02 STREETS & SERVICES, BILL 020167 Carl Primavera, and with me, from 801 Market Street Holdings, is Kevin Trainer. Actually, what we would like to do is reserve our comments for the next bill, which, I think, is 68, and our comments are brief but really handle both of them.
So noted. Any other questions? (No further questions.)
The clerk will read the title of the next bill. - - - 68 5/30/02 STREETS & SERVICES, BILL 020168
Bill No. 020168, an ordinance authorizing 801 Market Street Holdings, LLC, owners of the property 801 Market Street, Philadelphia, PA, 19107, to construct, own, and maintain four concrete planters and three steel-pipe bollards on the west footway of Eighth Street adjacent to the property 801 Market Street, all under certain terms and conditions.
Good afternoon, Chairman and members of the committee. My name is William Watts, and I'm the Technical Services Officer for the Streets Department, and I'm here to testify on Bill No. 020168. The bill authorizes 801 Market Street Holdings, owner of the Strawbridge's building, to construct, own, and maintain the following encroachments on the west footway of South Eighth Street adjacent to the property 801 Market: Four concrete planters, three steel-pipe bollards. All encroachments leave adequate width and vertical clearance of the unobstructed footway; therefore, the Streets Department has no objection to the passage of this bill.
Thank you. 69 5/30/02 STREETS & SERVICES, BILL 020168 Mr. Primavera?
Thank you. And, again, I've handed up the testimony from Mr. Trainer. Rather than reading it, we'll just submit it in written form. But the whole concept here is that the entrance on Eighth Street to the commercial part of this building, which will be floors 7 to 14, I believe, will have their own identity and make it attractive for the tenants and the people coming in, so that really what we've done -- and I think it's a $40 million investment in the City -- is to create premier office space for Citizens Bank, for the GSA and, hopefully, other tenants, so that they'll feel on this side of the street that they have their own sense of identity and not be confused with the Market Street access, which is really a part of the Strawbridge's store.
Thank you. Any other questions from the committee for these witnesses? (No questions.)
Anyone else here to testify for or against this bill? 70 5/30/02 STREETS & SERVICES, BILL 020049 (No response.)
Seeing none, the clerk will read the title of the next bill.
Bill No. 020049, an ordinance amending an ordinance approved January 3, 1992 (Bill No. 1205-AA), as amended, which, pursuant to Subsection 9-204(8)(a) of the Philadelphia Code, designates the locations in Center City at which vending is permitted, by deleting all permitted vendor locations on both sides of Eighth Street and Ninth Street between Arch Street and Market Street, all under certain terms and conditions. (Witness comes forward.)
Good day, Councilman DiCicco and members of the committee. I am Otis Haigler, Jr., Legislative & Regulatory Affairs Manager for the Department of Licenses and Inspections. Today I am here to provide testimony on Bill 020049, which, if enacted, will prohibit vending on Eighth Street and Ninth Street between Arch and Market Streets. The Department of Licenses and 71 5/30/02 STREETS & SERVICES, BILL 020049 Inspections is charged with the responsibility for the enforcement of Section 9-204 of the Philadelphia Code related to the licensing of vendors for inspection and compliance for the same. Therefore, in accordance with our responsibilities, the Department offers no objections to the enactment of Bill 020049 and is prepared to enforce the provisions of this bill should Council vote for its passage and the Mayor sign it into law. Thank you, and I'll be happy to answer any questions you may have at this time.
Thank you, Mr. Haigler. Who's identifying next? (Witness comes forward.)
Good afternoon, and please identify yourself for the record.
Good afternoon. I'm James Kenny, General Manager of Strawbridge's, at Eighth and Market Streets. The vendors on Eighth Street cause two major problems for Strawbridge's: One, we feel they impede the pedestrian traffic, especially during the busy lunch hour; two, the vendors have 72 5/30/02 STREETS & SERVICES, BILL 020049 the habit of what I say "jumping the curb" when they're putting their lunch carts on the sidewalk, which creates damage to the sidewalk and the curb; and, of course, Strawbridge's is liable for fixing those problems. So with the addition of our new neighbors, Citizens Bank and GSA in the building upstairs, our Eighth Street traffic will only increase because the only major entrance to those upper floors is the Eighth Street entrance. We need your cooperation in solving these problems, and we would greatly appreciate you looking into them.
Good afternoon, Mr. DiCicco. My name is Jerry Balka, and I'm with the United Vendors, and with me is Paul Tollis (ph), President of United Vendors. Prior to the start of the hearing on this bill, we've met with the Strawbridge people to discuss their concerns. As to the congestion on the sidewalk, the vendor leaves a required six-foot pathway for pedestrians. As to the issue of dealing with the 73 5/30/02 STREETS & SERVICES, BILL 020049 truck coming onto the curb, that's a no-no, and if any of those vendors are doing that, they're going to stop it, and we're going to make sure they stop it with or without L&I's help. What we're requesting is that you hold this bill because we're going to meet probably one day next week at the site with the Strawbridge people to actually site where the one vendor, who is now operating north of the entranceway, should be so that there won't be any question of any interference with that entranceway. The other vendors are maybe 60 or 50 feet away from it already. And we'd appreciate your assistance in holding the bill so that we can do that. And once we have that under control, we feel that probably, there won't be any need for any further legislation.
Mr. Balka, how do you propose to guarantee that there won't be anymore damage to the sidewalk of the Strawbridge's's building?
Well, the vendor is not permitted to bring his truck onto the sidewalk. 74 5/30/02 STREETS & SERVICES, BILL 020049 The vendor is here.
He parks his truck at the curb, detaches the food cart from the truck right at the curb, then brings it up. He may not bring a motorized vehicle onto that sidewalk, and we'll put him out of business if he does.
I suspect that the reason the vendor uses his vehicle to get the cart up is because it's easier.
Because the height of the curb probably would make it difficult for one or two individuals to push the cart up. So you need some mechanical assistance. I still don't know how you're going to be able to do it unless, of course, they're going to build some sort of a wooden ramp that is a portable ramp that would be from the street surface to the top portion of the curb, but outside of a vehicle, I don't know how you can guarantee that the cart is not going to be -- that he's not going to use a vehicle to get the cart up there. I don't 75 5/30/02 STREETS & SERVICES, BILL 020049 know how you guarantee that.
A ramp of no more than three or four feet, one end of it being on the curb and the other end of it being on the street, in order to provide an incline, where they just push the cart right up --
Well, that's what I'm asking: Are they going to have a ramp?
Absolutely. It's going to be a portable ramp, and they're going to take it away as soon as they put the cart there. When they come back at the end of the day, they'll put the cart down again, take it off, put the cart onto the street. And I'm willing to enter into an agreement, and the vendor in question, with Strawbridge's that if there's a violation, he's out of there. I mean, we'll give him a warning maybe the first time or something like that.
No, no, no, no, no, there are no more warning. The warnings are -- they're long gone. 76 5/30/02 STREETS & SERVICES, BILL 020049 Here's what I'm going to propose to the committee: I'm going to propose to the committee that, like a couple of other bills that we have concerning vendors, that we report this bill out of committee with a favorable recommendation, and I will agree, as I have done with Bill 658-A -- and I can't remember the other number that pertains to the vendors on 12th Street and 11th Street -- to hold the bill. And if I get any complaints to the contrary, then I will run the bill. So I think in the interest of fairness, we need a little bit of guarantees on our side. And so far, with the exception of a few people -- and I'm not blaming your clients -- most of the people have been cooperating on 11th Street and 12th Street. And I think it's only because they know the threat of that bill passing continues, and it has been for about, I guess, a year a half, two years. So I'm going to recommend that the bill 23 get voted out of committee. And I think you know I'm a man of my word: I won't run the bill unless I get some complaints. 77 5/30/02 STREETS & SERVICES, BILL 020049 And I would ask that you not probably meet next week with the representative of Strawbridge's, but that you do meet with them to come to some agreement, if you can, on relocating the vendors within a reasonable distance from the new entrance.
We've already reached that understanding, and one of the purposes of our meeting is to actually --
I need something in writing from the owners of the Strawbridge's building and from you, Mr. Balka, that you came to an agreement; I want that in writing. But I'm going to ask that the bill be moved out of this committee favorably, and we won't do anything on it unless we get complaints. That, I believe, will guarantee that something other than a vehicle driving on the sidewalk will occur.
Mr. DiCicco, if you do get complaints, by voting the bill out and holding it before Council, you're not giving us an opportunity to address whatever complaints there may be.
You always have the opportunity, as everyone else does who knows 78 5/30/02 STREETS & SERVICES, BILL 020049 me, to call me and meet with me before I would run the bill, but I'm not going to go through this whole exercise of having a public hearing on something that I already know exists. The bill will get reported out favorably, and if there are complaints and I get them and you don't, I will let you know; and if you get a complaint from the Strawbridge's people and, for some reason, they don't contact me, you will let me know, and we'll discuss it, and then we'll decide whether we'll run the bill or not. But the bill will be reported out today. I think that's the best I can do in fairness to everyone. Thank you. Any other questions?
There's no issue here about vending on Ninth Street at all; no one has raised that issue.
Well, I can always 79 5/30/02 STREETS & SERVICES, BILL 020049 amend the bill to remove that or I have to create a new bill. I just want to get this thing done. There's a $40 million investment in that building. I had an opportunity of being there on Election Day when Citizens Bank had their ribbon-cutting. They're bringing a lot of jobs into this city, and I think it's in the interest of fairness that we accommodate this $40 million investment. And, again, I'm going to do the bill, but I won't move for passage of it unless I find that there are violations that continue.
But if there's a violation, it will be a violation down at Eighth Street.
I understand, but I ask you to amend the bill to eliminate Ninth Street now so that --
I will look at the possibility of amending the bill going forward. 80 5/30/02 STREETS & SERVICES, BILL 020049
I think that Councilman DiCicco has displayed good faith in previous vendor problems, and you always have -- I see Councilman Ortiz to my left and I'm on the right, and I don't know how that happened, but we surround Councilman DiCicco, and we will serve as enforcers. But I don't think you have any problem with the proposal made by Councilman DiCicco. He feels very strongly that it has been an effective weapon in attempting to secure compliance before. And if -- I would agree on my behalf, and I'm sure on Councilman Ortiz's behalf, that if you ever felt that Councilman DiCicco was working too fast and you were unsuccessful at slowing him down, you'd call us, and we would talk with him and we would reach a collusion. I think that the safeguard is Councilman DiCicco's past action on these bills. He serves as a threat, but it does help somewhat in the compliance area. And I think that you can rely on his word.
Thank you, thank you, Councilman Cohen. 81 5/30/02 STREETS & SERVICES, BILL 020049 Any other questions?
He agrees, he's on the left. We all agree. Anyone else here who wishes to testify for or against this bill? (No response.)
This concludes our public hearing on the Committee of Streets and Services, and we will now move into the public meeting. I thank all of you for your attendance. - - - 82 5/30/02 STREETS & SERVICES, PUBLIC MEETING
Councilman DiCicco, Chairman, I move that Bill No. 020049 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020049 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020167 be moved out of committee with a favorable recommendation and a recommendation that rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) 83 5/30/02 STREETS & SERVICES, PUBLIC MEETING
It's been properly moved and seconded that Bill No. 020167 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020168 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council.
It's been properly moved and seconded that Bill No. 020168 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilman Ortiz. 84 5/30/02 STREETS & SERVICES, PUBLIC MEETING
Mr. Chairman, I move that Bill No. 020254 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at our next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020254 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill No. 020257 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so was as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020257 be reported 85 5/30/02 STREETS & SERVICES, PUBLIC MEETING out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The ayes have it, the bill is approved.
The Chair recognizes Councilman Clarke for the amendment.
Hold it, 359. I'm sorry. Sorry. Mr. Chairman, I move that Bill No. 15 020259 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020259 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. 86 5/30/02 STREETS & SERVICES, PUBLIC MEETING Those opposed? The bill is approved.
Mr. Chairman, I move that Bill No. 020277 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020277 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020339 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. 87 5/30/02 STREETS & SERVICES, PUBLIC MEETING
It's been properly moved and seconded that Bill No. 020339 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020341 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020341 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. 88 5/30/02 STREETS & SERVICES, PUBLIC MEETING Councilman Ortiz?
Mr. Chairman, I move that Bill 020342 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council.
It's been properly moved and seconded that Bill No. 020342 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020349 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly 89 5/30/02 STREETS & SERVICES, PUBLIC MEETING moved and seconded that Bill No. 020349 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020350 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020350 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move 90 5/30/02 STREETS & SERVICES, PUBLIC MEETING that Bill No. 020351 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020351 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill No. 020352 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020352 be reported out of committee with a favorable recommendation 91 5/30/02 STREETS & SERVICES, PUBLIC MEETING and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill 020353 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020353 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill 020354 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to 92 5/30/02 STREETS & SERVICES, PUBLIC MEETING permit first reading in the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020354 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill 020356 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020356 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. 93 5/30/02 STREETS & SERVICES, PUBLIC MEETING Those opposed? The bill is approved.
Mr. Chairman, I move that Bill No. 020357 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council.
It's been properly moved and seconded that Bill No. 020357 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved.
We're coming down 94 5/30/02 STREETS & SERVICES, PUBLIC MEETING the stretch. Mr. Chairman, I move that Bill No. 4 020358 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020358 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilmember Clarke for an amendment to Bill No. 020359.
Thank you, thank you, Mr. Chairman. The bill will be amended as follows: In Section 2a., we will delete the language from furnish to thereof. Added to that will be "submit documentation in the form and content acceptable to the City Solicitor that the 95 5/30/02 STREETS & SERVICES, PUBLIC MEETING Center City District self-assumes liabilities and obligations normally covered by the surety bond." In section 2e., we will delete 2e. in its entirety, and we will simply move 2f. up to reletter that as 2e. On Section 5, in the last sentence, where it read, "This ordinance within one year..." We will delete "one year" and add "two years." Those are the amendments to this particular bill. At this time, I would like to make a motion for the amendments to Bill No. 13 020359. (Duly seconded.)
It's been properly moved and seconded to approve the amendment bo Bill 17 No. 020359. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilman Clarke for a motion on the amended bill.
Thank you, Mr. Chairman. I make a motion that Bill No. 96 5/30/02 STREETS & SERVICES, PUBLIC MEETING 020359, as amended, be reported out of committee with a favorable recommendation and a request for a suspension of the rules so as to allow for reading at the next session of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020359, as amended, be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The amended bill is approved. Councilman Ortiz?
Mr. Chairman, I move that Bill No. 020360 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as a to permit first reading next concession City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020360 be reported 97 5/30/02 STREETS & SERVICES, PUBLIC MEETING out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. Councilman Ortiz?
The finish line is in sight. Mr. Chairman, I move that Bill No. 12 020362 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020362 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor will signify by saying aye. Those opposed? The bill is approved. This concludes the public meeting on 98 5/30/02 STREETS & SERVICES, PUBLIC MEETING the Committee of Streets and Services, and I want to thank all of the members for attending. Thank you. (Committee proceedings end at 3:54 p.m.) - - - 99 CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia's meeting of the Committee on Streets and Services of Thursday, May 30, 2002, are contained fully and accurately in the stenographic notes taken by me, and that this is a true and correct transcript of same. _______________________________, Josephine Cardillo Registered Professional Reporter and 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.)