COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON STREETS AND SERVICES3 Room 400, City Hall6 Philadelphia, Pennsylvania Wednesday, February 16, 20117 10:10 a.m. PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR10 COUNCILMAN WILLIAM K. GREENLEE COUNCILMAN CURTIS JONES, JR.11 COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN MARIA D. QUINONES-SANCHEZ12 BILLS 100782, 100860, 100871, 100872, 11000414 and 110055 - - -17 2 COUNCILMAN DiCICCO: Good2 morning, everyone. The Committee on3 Streets and Services is now in session.4 My name is Frank DiCicco. I'm the Chair5 of this Committee. To my far right is6 Councilwoman Donna Reed Miller. To my7 immediate right is Councilwoman Maria8 Quinones-Sanchez, and to my immediate9 left is Councilman Greenlee, who are10 members of this Committee. We do have a11 quorum.12 I will ask Mr. McMonagle to13 read the title of the first bill.14
Bill No. 110004, an15 ordinance authorizing John and Concetta16 Varallo, owners of Pesto Italian17 Restaurant, 1917 South Broad Street, to18 construct, own and maintain an19 encroachment within the right-of-way20 located on the east footway of Broad21 Street, under certain terms and22 conditions.23 (Witness approached witness24 table.)25 2/16/11 - STREETS - BILL 100782, etc.1
Good morning,2 Chairman DiCicco and members of the3 Streets and Services Committee. My name4 is Michelle Brisbon and I'm a staff5 engineer with the Department of Streets.6 I'm here to offer testimony on Bill No.7 110004.8 This bill authorizes John and9 Concetta Varallo, owners of Pesto Italian10 Restaurant located at 1917 South Broad11 Street, to construct, own and maintain an12 encroachment in the public right-of-way13 at the location as noted in Bill No.14 110004.15 The Streets Department has16 reviewed the plans for this project and17 supports the passage of this bill.18 COUNCILMAN DiCICCO: Thank you.19 Any questions from this20 Committee for this witness?21 (No response.)22 COUNCILMAN DiCICCO: Anyone23 else here to testify on this bill?24 (No response.)25 2/16/11 - STREETS - BILL 100782, etc.1 COUNCILMAN DiCICCO: Seeing2 none, Mr. McMonagle, please read the3 title of the next bill.4
Bill No. 110055, an5 ordinance authorizing Gerald Rothstein6 and Frederick Mumenthaler, owners of the7 property located at 1921-23 South8 Bancroft Street, to legalize an existing9 encroachment in the right-of-way located10 on the east public footway of Bancroft11 Street, under certain terms and12 conditions.13
Good morning,14 Chairman DiCicco and members of the15 Streets and Services Committee. My name16 is Michelle Brisbon and I'm a staff17 engineer with the Department of Streets18 and I'm here to offer testimony on Bill19 No. 110055.20 This bill authorizes Gerald21 Rothstein and Frederick Mumenthaler,22 owners of the property located at 1921-2323 South Bancroft Street, to legalize an24 existing encroachment in the public25 2/16/11 - STREETS - BILL 100782, etc.1 right-of-way at the location as noted in2 Bill No. 110055.3 The Streets Department has4 reviewed the plans for this project and5 supports the passage of the bill.6 COUNCILMAN DiCICCO: Thank you.7 Any questions for this witness8 from the Committee?9 (No response.)10 COUNCILMAN DiCICCO: Anyone11 else here who wishes to testify on this12 bill?13 (No response.)14 COUNCILMAN DiCICCO: Seeing15 none, please read the title of the next16 bill.17
Bill No. 100872, an18 ordinance amending Section 2 of an19 ordinance (Bill No. 080641) approved20 November 19, 2008, entitled "An ordinance21 authorizing the revision of lines and22 grades on a portion of City Plan No. 12823 by striking from the City Plan and24 vacating Eighteenth Street from Cambria25 6 2/16/11 - STREETS - BILL 100782, etc.1 Street to Indiana Avenue and reserving2 and placing on City Plan a right-of-way3 for drainage purposes and water main4 purposes within the lines of Eighteenth5 Street being stricken, under certain6 terms and conditions," by extending the7 period for compliance with the terms and8 conditions stated therein.9 (Witnesses approached witness10 table.)11
Good morning,12 Mr. Chairman and members of the13 Committee. My name is Frank Morelli,14 Survey Bureau Manager of the Department15 of Streets, and the Department of Streets16 would like to offer the following17 testimony on Bill No. 100872.18 This is not an administrative19 ordinance, but an ordinance requested by20 Edward J. McLaughlin of Select Holdings,21 LLC, on behalf of the 18th Street22 Associates, 1800 West Indiana Avenue,23 Philadelphia, PA.24 The purpose of this ordinance25 7 2/16/11 - STREETS - BILL 100782, etc.1 is to amend a previous ordinance (Bill2 No. 080641), approved November 19, 2008,3 which authorized the striking from City4 Plan and vacating of 18th Street from5 Cambria to Indiana Avenue and placing6 upon the City Plan a right-of-way for7 drainage purposes and water main purposes8 within the lines of 18th Street being9 stricken. The proposed amendment will10 extend the time period for compliance11 with the terms and conditions of the12 authorizing ordinance for an additional13 two years. The purpose of this action14 will alleviate short dumping, vandalism15 and crime problems along this portion of16 18th Street and will allow for the17 abutting businesses to utilize the former18 street area for parking purposes.19 This ordinance is supported by20 the Department of Streets and is21 recommended to your Committee for22 favorable action.23
Good morning,24 Chairman DiCicco and members of the25 8 2/16/11 - STREETS - BILL 100782, etc.1 Streets and Services Committee. I am2 William Erickson, a City Planner with the3 Development Planning Division of the4 Philadelphia City Planning Commission. I5 am here to testify on Bill No. 100872,6 which Councilwoman Miller introduced into7 City Council on December 16th, 2010.8 This Streets Bill 100872 is a9 time extension to a previously approved10 Bill 080641, which strikes and vacates11 North 18th Street from Cambria Street to12 Indiana Street and places a right-of-way13 on the former bed of North 18th Street.14 This action will allow the 18th Street15 Associates to clean up the neighborhood16 around their businesses, and the17 Association hopes this action will18 prevent such problems as short dumping,19 graffiti and break-ins.20 At its meeting on October 21st,21 2008, the Planning Commission recommended22 that Bill No. 080641 be approved.23 Therefore, the Philadelphia City Planning24 Commission recommends that Bill No.25 9 2/16/11 - STREETS - BILL 100782, etc.1 100872 be approved.2 This concludes my testimony and3 I appreciate the opportunity to appear4 before you today.5 COUNCILMAN DiCICCO: Thank you.6 Any questions for these7 witnesses on this bill?8 (No response.)9 COUNCILMAN DiCICCO: Anyone10 else here who wishes to testify for or11 against?12 (No response.)13 COUNCILMAN DiCICCO: Seeing14 none, please read the title of the next15 bill.16
Bill No. 100871, an17 ordinance amending Section 2 of an18 ordinance (Bill No. 040505) approved June19 21st, 2004, entitled "An ordinance20 authorizing the striking from City Plan21 Nos. 270 and 258 of Sanger Street from22 Tacony Street to the westerly Pierhead23 Line of the Delaware River, under certain24 terms and conditions," by extending the25 10 2/16/11 - STREETS - BILL 100782, etc.1 period for compliance with the terms and2 conditions stated therein.3
Good morning,4 Mr. Chairman and members of the5 Committee. My name is Frank Morelli,6 Survey Bureau Manager of the Department7 of Streets, and the Department of Streets8 would like to offer the following9 testimony on Bill No. 100871.10 This is not an administrative11 ordinance, but an ordinance requested by12 Brook J. Weese, Esquire, representing13 Hankin Management Company, Elkins Park,14 Pennsylvania.15 The purpose of this ordinance16 is to amend a previous ordinance (Bill17 No. 040505), approved June 21, 2004,18 which authorized the striking from the19 City Plan of Sanger Street from Tacony20 Street to the Pierhead Line of the21 Delaware River. The proposed amendment22 will extend the time period for23 compliance with the terms and conditions24 of the authorizing ordinance. The25 11 2/16/11 - STREETS - BILL 100782, etc.1 portion of Sanger Street proposed to be2 stricken is not currently open to public3 traffic, and the City is not desirous of4 constructing a street at this location.5 This action will clear land area within6 the Frankford Arsenal for development for7 a retail shopping center consisting of8 over 500,000 square feet of store space.9 This ordinance is supported by10 the Department of Streets and is11 recommended to your Committee for12 favorable action.13 COUNCILMAN DiCICCO: Thank you.14
Good morning,15 Chairman DiCicco and members of the16 Streets and Services Committee. I am17 William Erickson, a City Planner with the18 Development Planning Division of the19 Philadelphia City Planning Commission. I20 am here to testify on Bill No. 100871,21 which Councilwoman Krajewski introduced22 into City Council on December 16th, 2010.23 This Streets Bill 100871 is a24 time extension to a previously approved25 12 2/16/11 - STREETS - BILL 100782, etc.1 Bill No. 040505, which strikes and2 vacates Sanger Street from Tacony Street3 to the westerly Pierhead Line of the4 Delaware River. This action is required5 as part of the redevelopment of the6 Frankford Arsenal into an Area Shopping7 Center.8 At its meeting of May 12, 2005,9 the Philadelphia Planning Commission10 recommended approval to the zoning change11 from G-2 to C-3 Commercial to allow for12 the construction of the Frankford Area13 Shopping Center. Therefore, the City14 Planning Commission recommends that Bill15 No. 100871 be approved.16 This concludes my testimony.17 COUNCILMAN DiCICCO: Thank you.18 Any questions for these19 witnesses from the Committee?20 (No response.)21 COUNCILMAN DiCICCO: Anyone22 else here who wishes to testify?23 (No response.)24 COUNCILMAN DiCICCO: Seeing25 13 2/16/11 - STREETS - BILL 100782, etc.1 none, please read the title of the next2 bill.3
Bill No. 100860, an4 ordinance amending Section 2 of an5 ordinance (Bill No. 020252) approved May6 29, 2002, entitled "An ordinance7 authorizing the revision of lines and8 grades on a portion of City Plan No. 13-S9 by striking from the City Plan and10 vacating Lawrence Street from Wharton11 Street to Titan Street and Leithgow12 Street from Wharton Street to Titan13 Street; by revising the lines and grades14 of Reese Street from Reed Street to15 Wharton Street and Titan Street from16 Fifth Street to Fourth Street; by placing17 on the City Plan Earp Street from Fifth18 Street to relocated Leithgow Street; by19 striking from the City Plan and vacating20 certain portions of Earp Street from21 Fourth Street to Fifth Street; by22 revising the lines and grades of Lawrence23 and Leithgow Streets from Reed Street to24 former Earp Street, all under certain25 14 2/16/11 - STREETS - BILL 100782, etc.1 terms and conditions, including the2 dedication free and clear of all3 encumbrances the beds of the proposed4 Earp Street not previously dedicated and5 the unopened portions of Reese Street,6 Lawrence Street and Leithgow Street," by7 revising the terms and conditions stated8 therein and extending the period for9 compliance therewith.10 COUNCILMAN DiCICCO: This is11 the Jefferson Square project.12
That's correct.13 COUNCILMAN DiCICCO: I was14 curious why we were doing it now. I15 thought we already did this.16
It's been17 completed and fully constructed, but18 what --19 COUNCILMAN DiCICCO: I know20 that that's been there for five years.21
There were22 indemnity agreements and release23 agreements that weren't completed, so24 we're trying to get that cleaned up.25 15 2/16/11 - STREETS - BILL 100782, etc.1 COUNCILMAN DiCICCO: Okay.2 Thanks. Please proceed.3
The Department of4 Streets would like to offer the following5 testimony on Bill No. 100860.6 This is not an administrative7 ordinance, but an ordinance requested by8 Mr. Grant Johnson of Jefferson Square9 CDC, 237 Tasker Street, Suite 200,10 Philadelphia, PA.11 The purpose of this ordinance12 is to amend a previous ordinance (Bill13 No. 020252) which authorized revisions to14 the City Plan within the area bounded by15 4th Street, Reed Street, Reese Street and16 Titan Street. These revisions were part17 of the Jefferson Square Revitalization18 Plan, which removed blight and19 constructed new housing in the Jefferson20 Square neighborhood. The proposed21 amendment will revise the terms and22 conditions of the authorizing ordinance23 and extend the time period for24 compliance. This will allow for the25 16 2/16/11 - STREETS - BILL 100782, etc.1 completion of several outstanding items2 and enable the Streets Department to3 revise its maps and records of the4 affected streets to conform with as-built5 conditions.6 This ordinance is supported by7 the Department of Streets and is8 recommended to your Committee for9 favorable action.10
Good morning,11 Chairman DiCicco and members of the12 Streets and Services Committee. I am13 William Erickson, a City Planner with the14 Development Planning Division of the15 Philadelphia City Planning Commission. I16 am here to testify on Bill No. 100860,17 which Councilman DiCicco introduced into18 City Council on December 9th, 2010.19 This Streets Bill No. 100860 is20 a time extension to previously approved21 Bill No. 020252, which strikes and22 vacates Lawrence Street and Leithgow23 Street from Wharton to Titan Street,24 along with revisions to Titan Street,25 17 2/16/11 - STREETS - BILL 100782, etc.1 Reese Street and Earp Street. These2 streets were revised and the physical3 conditions changed as part of the4 Jefferson Square development. The5 current condition is being legalized by6 this action and will allow for easier7 confirmation of the City Plan changes.8 At its meeting of May 6th,9 1999, the City Planning Commission10 approved the redevelopment plans for the11 Jefferson Square development. As a12 result of this action, the Philadelphia13 City Planning Commission recommends that14 Bill No. 100860 be approved.15 This concludes my testimony.16 COUNCILMAN DiCICCO: Thank you.17 Any questions for these18 witnesses from the Committee?19 (No response.)20 COUNCILMAN DiCICCO: Anyone21 else here who wishes to testify?22 (No response.)23 COUNCILMAN DiCICCO: Seeing24 none, please read the title of the next25 18 2/16/11 - STREETS - BILL 100782, etc.1 bill.2
Bill No. 100782, an3 ordinance amending Section 2 of an4 ordinance (Bill No. 090840) approved5 September 1st, 2010, entitled "An6 ordinance granting permission to ABEER,7 LP, owner of the property Oak Lane Diner,8 6528 North Broad Street, to legalize a9 one-story concrete masonry construction,10 under certain terms and conditions," by11 extending the period for compliance12 therewith.13
Good morning,14 Chairman DiCicco and members of the15 Streets and Services Committee. I am16 William Erickson, a City Planner with the17 Development Planning Division of the18 Philadelphia City Planning Commission. I19 am here to testify on Bill No. 100782,20 which Councilwoman Miller introduced into21 City Council on November 18th, 2010.22 This bill is a time extension23 for Bill No. 090840, which was signed24 into law on September 1st, 2010. It25 19 2/16/11 - STREETS - BILL 100782, etc.1 permits an encroachment onto North Broad2 Street that will legalize the expansion3 of the Oak Lane Diner.4 In February 2010, the City5 Planning Commission recommended against6 the approval of Bill No. 090840 because7 it would legalize a permanent8 encroachment in the public right-of-way9 that did not obtain the required permits10 before it was constructed. However,11 realizing that Bill 090840 has been12 signed into law and that Bill No. 10078213 is merely the extension of the time14 period to implement the ordinance, the15 City Planning Commission chose not to16 make a recommendation on this bill at its17 meeting on 100870 on December 14th, 2010.18 As a result, the City Council19 may enact this bill after the required20 45-day period, which will elapse January21 2nd, 2010.22 This concludes my testimony.23 COUNCILMAN DiCICCO: Thank you.24
Good morning,25 20 2/16/11 - STREETS - BILL 100782, etc.1 Chairman DiCicco and members of the2 Streets and Services Committee. My name3 is Michelle Brisbon and I'm a staff4 engineer with the Department of Streets.5 I'm here to offer testimony on Bill No.6 100782.7 This bill grants permission to8 ABEER, LP, owner of the property Oak Lane9 Diner, additional time to implement the10 ordinance Bill No. 090840. The Streets11 Department has no objection and supports12 the passage of the bill because Bill No.13 100782 merely extends the time period to14 implement the ordinance.15 COUNCILMAN DiCICCO: Thank you.16 Any questions for this witness17 from the Committee?18 (No response.)19 COUNCILMAN DiCICCO: Anyone20 else here who wishes to testify?21 (No response.)22 COUNCILMAN DiCICCO: Seeing23 none, this concludes the public hearing24 on the Committee of Streets and Services.25 21 2/16/11 - STREETS - BILL 100782, etc.1 Thank you for attending. I will now go2 into the public meeting.3 I'll call on Councilman4 Greenlee to give us a report on all the5 bills that have just been reported.6
Thank7 you, Mr. Chairman. I move that the8 following bills - 100782, 100860, 100871,9 100872, 100004 and 110055 all be reported10 out --11 COUNCILMAN DiCICCO: I think12 you may have misread on this one.13
110004.14 I move that all those bills be reported15 out of this Committee with a favorable16 recommendation and, further, that the17 rules of Council be suspended to allow18 for first reading at our next session of19 Council.20 COUNCILMAN DiCICCO: Thank you.21 Before I move on that, just let the22 record reflect that Councilman Jones, who23 is a member of this Committee, is also in24 attendance.25 22 2/16/11 - STREETS - BILL 100782, etc.1 I would ask for a second.2 (Duly seconded.)3 COUNCILMAN DiCICCO: It's been4 moved and seconded that all the bills5 that have just been read into the record6 be reported out of this Committee with a7 favorable recommendation and that the8 rules of Council be suspended so as to9 permit first reading at our next regular10 session of Council.11 All in favor?12 (Aye.)13 COUNCILMAN DiCICCO: Those14 opposed?15 (No response.)16 COUNCILMAN DiCICCO: The bills17 have all been approved.18 This concludes the Committee on19 Streets and Services.20 (Committee on Streets and21 Services concluded at 10:25 a.m.)22 - - -23 24 25 23 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on February 16, 2011, and7 that this is a true and correct transcript of8 same.9 10 11 12 13 --------------------14 MICHELE L. MURPHY15 RPR-Notary Public16 17 18 19 (The foregoing certification of this20 transcript does not apply to any reproduction21 of the same by any means, unless under the22 direct control and/or supervision of the23 certifying reporter.)24 25