civus
Minutes

Committee Hearing, May 28, 2003

Philadelphia City Council Committee HearingsMay 28, 2003

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

Organizations mentioned

Mr. Soffer

Good morning, Mr. Chairman and Members of the Streets and Services Committee. My name is Martin Soffer, City Planner. I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and the vacating of a minor street located in the Grays Ferry section of South Philadelphia. The purpose of this ordinance is to assembly a parcel for commercial development. The Planning Commission staff reviewed and tentatively approved this action on May 15, 2003. Therefore, the Planning Commission recommends that Bill No. 030376 be approved. Thank you.

Councilman Dicicco

Thank you. Mr. DeMarco.

Mr. Demarco

Thank you, Mr. Chairman. Richard DeMarco, Klehr, Harrison, Branzburg & 62 05/28/03 - STREETS - BILL 030378 Ellers, 260 South Broad Street, representing the developer, J.D. Mack and Company. Just for the record, it might be an Eckerd, not necessarily a Walgreen's, but that's the use that's intended. It's going to be either one of those two companies. That's all I have. Thank you.

Councilman Dicicco

Thank you. Any other questions for these witnesses? (No response.)

Councilman Dicicco

Anyone else who wishes to testify for or against the Bill? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030381, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 197 by narrowing Delaware Avenue, from Tioga Street to Wheatsheaf Lane, to conform more closely with existing as-built conditions and, if necessary, reserving and placing on the City Plan a certain right-of-way, under certain terms and conditions.

Mr. Lonie

Good morning, Mr. Chairman and Members of the Committee. Again, my name is 63 05/28/03 - STREETS - BILL 030378 Paul Lonie, the Survey Bureau Manager of the Department of Streets. And the Department would like to offer the following testimony on Bill No. 5 030381. This a Councilmanic ordinance requested by the Streets Department. The purpose of this ordinance is to revise the lines and grades on a portion of Delaware Avenue to expand the port facilities and to more closely reflect existing physical conditions. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Mr. Soffer

Good morning, Mr. Chairman and Members of Streets and Services Committee. My name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorized a revision of the lines and grades on a portion Delaware Avenue that is located in the Richmond Section of Northeast Philadelphia. The purpose of this ordinance is to have the Street more closely conform with an existing as-built condition. The Planning Commission staff has 64 05/28/03 - STREETS - BILL 030378 reviewed and tentatively approved this action on May 15, 2003. Therefore, the Planning Commission recommends that Bill No. 030381 be approved. Thank you.

Councilman Dicicco

Any questions for these witnesses from the Committee? (No response.)

Councilman Dicicco

Anyone else here wishes to testify on this Bill? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030393, an ordinance amending Chapter 11-300 of the Philadelphia Code, entitled "Board of Surveyors," by amending Section 11-301, entitled "Street Improvements," by adding new subsections authorizing the Board of Surveyors of the Department of Streets, by Resolution, to file a supplemental plan to the City Plan showing any changes in curb lines and grades that in the judgement of the Board of surveyors will enhance pedestrian safety and improve traffic calming, provided that these changes do not affect the curb line for an entire block, under 65 05/28/03 - STREETS - BILL 030378 certain terms and conditions.

Mr. Lonie

Good morning, Mr. Chairman and Members of the Committee. My name Paul Lonie, the Survey Bureau Manager with the Department of Streets. And the Department would like to offer the following testimony on Bill No. 030393. This is an Administration ordinance 9 requested by the Department of Streets. The purpose of this ordinance is to reduce advertising costs within the Streets Department and shorten the administrative process for this typ of City Plan change. This ordinance is supported by the Department of Streets and recommended to your Committee for favorable action.

Councilman Dicicco

Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify on this Bill? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030374, an 66 05/28/03 - STREETS - BILL 030378 ordinance authorizing the Philadelphia Phillies, Broad Street and Pattison Avenue, Philadelphia, PA 19148, its successors and assigns, to construct, own and maintain a total of 55 street light poles with luminaires, 27 pedestrian light poles with luminaires, underground electrical service conduit, underground electrical and communication ductbanks in the vicinity of Pattison Avenue, Darien Street, and Hartranft Street adjacent to the new ballpark.

Mr. Mautz

Good morning, Chairman and Members of the Committee. My name is William Mautz and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill 030374 on behalf of the Streets Department. This Bill authorizes the Philadelphia Phillies to construct, own and maintain a total of 55 street light poles with luminaires, 27 pedestrian light poles with luminaires, underground electrical service conduit, underground electrical and communication ductbanks in the vicinity of Pattison Avenue, Darien Street, Hartranft Street adjacent to the Paul bark. All other light pole structures and other underground conduit installed in conjunction 67 05/28/03 - STREETS - BILL 030378 with the lighting project will be the property of the City of Philadelphia. The encroachment cribs follows: Street light poles with luminaires. The street light poles are 30 feet high and are located as follows: poles on the north side of Pattison 8 Avenue, a total of 24 poles on the east and west 9 sidewalks of Darien Street, and a total of 16 poles 10 on the north and south sidewalks of Hartranft 11 Street. The luminaires will be energized but not 12 controlled by the ballpark's electrical system. The 13 lights will be controlled via photocell and 14 illuminated every night. 15 Pedestrian scale lights with luminaires. The pedestrian light poles are 12 foot high and are located as follows: 13 poles on the north sidewalk of Pattison Avenue, a total of 9 poles on the west sidewalk of Darien Street and a total of 5 poles on the south sidewalk of Hartranft. The luminaires will be energized and controlled by the ballpark's electrical system. The lights will only be illuminated on game nights or nights with special events. Electric service conduit is provided by 68 05/28/03 - STREETS - BILL 030378 an underground 1 inch diameter PVC conduit which will connect and be energized by the ballpark's electrical system. Four ductbanks will cross the entire public right-of-ways of Darien and Hartranft Street to provide for the interconnection of electrical power and communication throughout the ballpark site. Three ductbanks will cross the entire public right-of-way of Darien. One ductbank will cross the entire right-of-way of Hartranft Street. The Streets Department has reviewed the construction plans for this project, and has no 14 objections to the passage of the Bill.

Councilman Dicicco

Any testimony, Mr. Lonie?

Mr. Lonie

No. I just request that all Bills heard today that you the waive the rules. Thank you.

Councilman Dicicco

So noted. Councilman Rizzo.

Councilman Rizzo

Is it anywhere in the Bill that the electric bill to illuminate all these lights absolutely with no questions are responsibility of the Phillies? 69 05/28/03 - STREETS - BILL 030378

Mr. Mautz

To give an honest answer, I don't know.

Councilman Rizzo

Well, I think we really need to know who's paying the bill for the electric. But you said something that might answer that question. You indicate that it would connected to the electric system of the facility. I assume then that means -- but I'd like to see it in the Bill -- where it actually indicates that it is --

Councilman Dicicco

Councilman Rizzo, if I can interrupt, I think Mr. Hyman represents the applicant. Maybe he can answer your question.

Mr. Hyman

Thank you, Madam Chair. Mr. Chairman and Members of the Committee, my name David Hyman of the law firm of Kleinbard, Bell & Brecker. I'm joined by Mr. Robert McConnell of the firm of Ewing Cole who I've asked to join me who can respond to the Councilman's question.

Mr. Mcconnell

I am Robert McConnell with the firm of Ewing Cole in Philadelphia. We're architects for the Philadelphia Ballpark. The agreement we have with the City is the Phillies will own and maintain and power the 55 street lights that are in question. 70 05/28/03 - STREETS - BILL 030378

Councilman Rizzo

Where does it say that in writing? I'd like to see that, if I could ask the Chair to ask that somehow to be in the file 5 that there's no question who pays the tab for the electric bill.

Mr. Hyman

Councilman, I'll take the responsibility for providing that information to the Chair.

Councilman Dicicco

Thank you. Any other questions for these witnesses? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify on this Bill? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030388, an ordinance authorizing Trigen-Philadelphia Energy Corporation, 2600 Christian Street, Philadelphia, PA 19146, its successors and assigns, to construct, own and maintain an underground chilled water distribution system from their central chiller, originating from Trigen's Edison Plant located at 908 Sansom Street to four buildings owned by Thomas 71 05/28/03 - STREETS - BILL 030378 Jefferson University Hospital, under certain terms and conditions.

Mr. Mautz

Good morning, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 030388 on behalf of the Streets Department. This Bill authorizes Trigen-Philadelphia Energy Corporation to construct own and maintain an underground chilled water distribution system from their central chiller originating from Trigen's Edison Plant at 908 Sansom Street to four buildings owned by Thomas Jefferson University Hospital. The underground distribution system consists of two deductile iron water supply and return pipes along with a PVC conduit to control, monitor and meter the distribution system. Starting at the central chiller located at 908 Sansom, the distribution system proceeds west in the public right-of-way of Sansom Street to the intersection of South Tenth. At this location the distribution system splits into three branch mains. The northern branch in the public right-of-way of South 10 north 72 05/28/03 - STREETS - BILL 030378 of Sansom will serve as the Gibbons Building. The southern branch in the public right-of-way of South 10th south of Sansom will serve as the Curtis building. The western branch in the public right-of-way of Sansom will serve as the Thompson and Foerderer Buildings. The Streets Department has reviewed the construction plans for this project and has no 10 objection to the passage of the Bill.

Councilman Dicicco

Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Anyone else here to testify? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030384, an ordinance amending Section 4 of an Ordinance (Bill 21 No. 010381) approved June 14, 2001, entitled "An Ordinance authorizing Edward Flippen, owner of the property located at 5651 Lansdowne Avenue, Philadelphia, PA 19131, to construct, use and maintain a one story building addition on and over 73 05/28/03 - STREETS - BILL 030378 the east footway of 57th Street adjacent to the property 5651 Lansdowne Avenue, all under certain terms and conditions," by extending the period for compliance with the authorization conditions therein.

Mr. Mautz

Good morning, Chairman and Members of the Committee. My name is William Mautz, and I'm a Construction Engineer with Streets Department. I'm here to offer the following testimony for Bill 030384 on behalf of the Streets Department. This Bill will amend Section 4 of an ordinance, Bill No. 010381, approved June 14, 2001, by extending the time of compliance with the condition stated herein. The time period for Edward Flippin to construct, use and maintain the one-story building addition described in the ordinance and to enter into an agreement with the City of Philadelphia will be extended to October 31, 2003. The Streets Department recommends passage of this Bill.

Councilman Dicicco

Any questions for this witness from the Committee? (No response.) 74 05/28/03 - STREETS - BILL 030378

Councilman Dicicco

Anyone else here who wishes to testify? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030214, an ordinance amending Section 5 of an ordinance, (Bill 9 No. 010661) approved December 28, 2001, entitled "An Ordinance authorizing National Railroad Passenger Corporation, 60 Massachusetts Avenue, Washington D.C. 2002, owner of the property on the north side and the south side of the 2900 block of Arch Street, Philadelphia, PA 19104, its successors and assigns to construct, own and maintain a pedestrian bridge and vertical transportation structure on, over and below the Arch Street public right-of-way adjacent to 30th Street Station, under certain terms and conditions," by extending the time for compliance with the conditions stated therein.

Mr. Mautz

Good morning, Chairman and Members of the Committee. My name is William Mautz, and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill 030214 on behalf of the Streets 75 05/28/03 - STREETS - BILL 030378 Department: This department will amend section 5 of an ordinance, Bill No. 010661, approved December 28, 2001, by extending the time for compliance with the conditions stated herein. The time period for the National Railroad Passenger Corporation, also known as Amtrak, to construct, own and maintain a pedestrian bridge and vertical transportation structure described in ordinance Bill NO. 010661 and to enter into an agreement with the City of Philadelphia will be extended to May 1, 2004. The Streets Department recommends passage of this Bill.

Councilman Dicicco

Thank you. Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify on the Bill? (No response.)

Councilman Dicicco

Let the record reflect that Councilman Ortiz, a member of this Committee is now present. The Clerk will read the title of the 76 05/28/03 - STREETS - BILL 030378 next Bill.

The Clerk

Bill No. 030343, an ordinance authorizing Wills Eye Hospital, 800 Walnut Street, Philadelphia, PA, its successors and assigns, to construct, own and maintain a roof beam architectural embellishment encroaching above the Ninth Street public right-of-way, under certain terms and conditions.

Mr. Mautz

Good morning, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 030343 on behalf of the Streets Department. This Bill authorizes Wills Eye Hospital, 800 Walnut Street to construct, own and maintain a roof beam architectural embellishment encroaching over the east footway of South Ninth Street. The encroachment description is as follows: The roof beam architectural embellishment, which forms a right triangle over the public footway is located approximately 160 feet south of the south curb line of Walnut Street, encroaches approximately 4 feet 10 1/4 inches over 77 05/28/03 - STREETS - BILL 030378 the east footway of South Ninth with a vertical clearance of approximately 123 feet. The Streets Department has reviewed the construction plan for this project and has no 6 objection to the passage of the Bill.

Councilman Dicicco

Any questions for this witness from committee? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify on this Bill? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030344, an ordinance granting permission to Ride the Ducks International LLC, to remove an existing wood and metal newsstand located on the west sidewalk of South Independence Mall West (formerly Sixth Street) between Ranstead and Chestnut Streets and erect a new prefabricated metal ticket booth kiosk with signage, including an electrical conduit with an electrical service line and a telecommunications conduit with a telephone service line in and under the public rights-of-way for the purpose of 78 05/28/03 - STREETS - BILL 030378 supplying electrical service and telephone service to the ticket booth kiosk, under certain terms and conditions.

Mr. Mautz

Good morning, Chairman and Members of the Committee. My name is William Mautz and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony FOR Bill No. 030344 on behalf of the Streets Department. This Bill grants permission to Ride the Ducks International to remove an existing wood and metal newsstand stand located on the west sidewalk of South Independence Mall West, formerly Sixth Street between Ranstead and Chestnut and erect a new prefabricated metal ticket boot kiosk with signage including an underground electrical conduit and a telecommunications conduit in and under the public rights-of-way for the purpose of supplying electrical service and telephone service to the ticket booth kiosk. The Streets Department has reviewed the construction plans for this project and field verified the dimensions. As the encroachments do not adversely affect the public right-of-way, the 79 05/28/03 - STREETS - BILL 030378 Streets Department recommends passage of this Bill.

Councilman Dicicco

Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify on this Bill? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030396, an ordinance authorizing the Center City District, 917 Filbert Street, Philadelphia, PA 19107, its successors and assigns, to construct, own and maintain a total of 27 pedestrian scale light poles with luminaires and 11 banner poles with mastarms on and under the public footway of Benjamin Franklin Parkway and adjacent streets, from 16th Street to the Eakins Oval.

Mr. Mautz

Good morning Chairman and Members of the Committee. My name is William Mautz, and I'm a Construction engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 030396 on behalf of the Streets Department. 80 05/28/03 - STREETS - BILL 030378 This Bill authorizes the Center City District to construct, own and maintain a total of 27 pedestrian scale light poles with luminaires and banner poles with mastarms on and under the 6 public footway of Benjamin Franklin parkway and 7 adjacent streets. From 16th Street to Eakins Oval. 8 All other light poles structures and underground 9 conduit install in conjunction of this lighting 10 project will be the property of the City of 11 Philadelphia. The encroachment description is as follows: Pedestrian scale lights with luminaires. The pedestrian light poles are feet high and sit 15 atop a concrete footing feet diameter by feet deep and are located two feet from face of the curb. Banner poles with mastarms. The banner poles are feet high with a mastarm feet 4 19 inches long oriented toward the roadway. The 20 mastarm will support a banner 5 feet wide by 9 feet 21 long, which is 15 feet above the sidewalk. The 22 poles sit on a concrete footing 2 feet diameter by 4 23 feet deep. 24 The streets has reviewed the construction plans for this project and has no 81 05/28/03 - STREETS - BILL 030378 objection to the passage of the Bill.

Councilman Dicicco

Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify on the Bill? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030378, an ordinance granting permission to Coleman Properties, a Pennsylvania partnership, its successors and assigns to construct, maintain and operate, replace, and remove a ductbank for telecommunications purposes under the Delaware River and the Frankford Creek Channel and aerial facilities for telecommunications purposes along, over, in and under the public rights-of-way, City streets and Frankford Creek Channel; all under certain terms nd conditions.

Mr. Mautz

Good morning Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following 82 05/28/03 - STREETS - BILL 030378 testimony for Bill No. 030378 on behalf of the Streets Department. This Bill grants permission to Coleman Properties, a Pennsylvania partnership, to construct, maintain and operate, replace and remove a ductbank with for telecommunication purposes under the Delaware River and the Frankford Creek Channel and aerial facilities for telecommunication purposes along, over, in and under the public rights-of-way, City streets and Frankford Creek Channel. Coleman properties proposes to install an aerial telecommunication line along the Frankford Creek Channel from the right-of-way line of Richmond Street to an existing underground manhole near the mount of the Frankford Creek Channel. The manhole will connect to existing underground telecommunication facilities beneath the Delaware River and Frankford Creek Channel. The Streets Department has reviewed the proposed buildout route for this project and has no 22 objections to the passage of the Bill.

Councilman Dicicco

Good afternoon. Please identify yourself for the record.

Mr. Heron

Good afternoon, Mr. 83 05/28/03 - STREETS - BILL 030349 Chairman. My name is Brian Heron (ph). I'm a senior project engineer. I am representing the ownership of Coleman Properties today, and I would like to thank you for your favorable consideration of this Bill.

Councilman Dicicco

So noted. Thank you. Any questions for these witnesses? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill 030349, an ordinance 17 granting permission to Sprint Communications Company, L.P., its successors and assigns to construct, maintain, operate, replace and remove telecommunications service connections and fiber optic cables in and under the public rights-of-way and City streets from existing legally constructed underground telecommunication lines to designated manholes serving 440 North Broad Street and within new conduit or within existing conduit of other 84 05/28/03 - STREETS - BILL 030349 entities holding a grant pursuant to other City ordinance; all under certain terms and conditions.

Mr. Mautz

Good morning, Chairman and Members of the Committee. My name is William Mautz I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 030349 on behalf of the Streets Department: This Bill authorizes Sprint Communications Company to construct, maintain, operate telecommunications service connections and fiber optic cables from existing legally constructed underground telecommunication lines to designated manholes serving 1440 North Broad Street. Sprint proposes to install two underground telecommunications laterals to the "meet me" manholes at 4040 North Broad. The east lateral will run from North 13th and Noble Streets to North 11th and Spring Garden Street. The west side lateral will run from North 15th and Callowhill Streets to North 20th and Vine Streets. The Streets Department has reviewed the proposed buildout routes for this project and has no 25 objection to the passage of the Bill. 85 05/28/03 - STREETS - BILL 030345

Councilman Dicicco

Any questions for the witness? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030345, an ordinance authorizing National Construction Center, Bourse Building, Suite 560, 111 South Independence Mall East, Philadelphia, PA 19106, lessee of the property on the east side of Independence Mall West (formerly North Sixth Street) and the west side of Independence Mall East (formerly North Fifth Street), Philadelphia, PA 19106, its successors and assigns to construct, own and maintain the National Constitution Center encroachment on the east footway of Independence Mall West and a retaining fence/wall encroachment on the west footway of Independence Mall East, under certain terms and conditions.

Mr. Mautz

Good morning, Chairman and Members of the Committee. My name it William Mautz and I'm a Construction Engineer with the Streets 86 05/28/03 - STREETS - BILL 030345 Department. I'm here to offer the following testimony for Bill No. 030345 on behalf of the Streets Department: This Bill authorizes the National Constitution Center to construct, own and maintain a building encroachment on the west footway of Independence Mall West and a retaining fence/wall on the west footway of Independence Mall East. The encroachment description is as follows: Building encroachment. Approximately 279 feet of the east side of the National Constitution Center encroaches onto the east footway of Independence Mall West. The encroachment varies from approximate feet inches at the north end to 1 foot inches at the south end. The clear unobstructed footway varies from 15 feet 8 inches to 16 feet 6 inches. Retaining fence wall. The the wall, which is approximately 18 inches wide by 6 feet high at the north end, encroaches approximately 5 feet 4 inches onto west footway of Independence Mall East. The wall proceeds southwards for approximately 304 feet. At the south end, the wall is approximately 18 inches wide by 3 feet high and encroaches 87 05/28/03 - STREETS - BILL 030375 approximately 6 feet onto the west footway of Independence Mall East. The clear unobstructed footway varies from 12 feet 8 inches to 12 feet. The Streets Department has reviewed the construction plans for this project and has no 7 objection to the passage of the Bill.

Councilman Dicicco

Any questions for this witness? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify on this Bill? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030375 an ordinance 17 granting permission to Popi's Enterprises, Ltd. located at 3120-3132 South 20th Street, Philadelphia, PA 19145, to construct, use and maintain a building encroachment, entrance addition, north and south roof embellishments, rigid fabric awnings, canopy, pedestrian lights and underground electrical conduit on, under and over the west footway of South 20th Street, under certain terms and conditions. 88 05/28/03 - STREETS - BILL 030375

Mr. Mautz

Good morning Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 030375 on behalf of the Streets Department: This Bill grants portion to Popi's Enterprises, located 3120-3132 South street to 10 construct, use and maintain a building encroachment, 11 entrance addition, north and south roof 12 embellishments, rigid fabric awnings, canopy, 13 pedestrian lights and underground conduit on, under 14 and over the west footway of South 20. 15 The Streets Department has reviewed the 16 construction plans for this project and field 17 verified the dimensions. As the encroachments do 18 not adversely affect the public right-of-way, the 19 Streets Department recommends passage of this Bill. 20

Councilman Dicicco

Any questions for this witness? (No response.)

Councilman Dicicco

Anyone else who wishes to testify? (No response.) 89 05/28/03 - STREETS - BILL 030390

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030390, an ordinance granting permission to SunGard Availability Services, Inc., 401 North Broad Street, Philadelphia, PA 19108, to construct, own, use and maintain a concrete conduit bank housing electrical cables and private telecommunications facilities, under and across Noble Street, east of Broad street; all under certain terms and conditions.

Mr. Mautz

Good morning, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 030390 on behalf of the Streets Department: This Bill grants permission to SunGard Availability Services, 401 Broad Street, to construct, own, use and maintain a concrete conduit bank housing electrical cables and private telecommunications facilities under and across Noble Street. SunGard proposes to install a ductbank across the entire right-of-way of Noble Street which 90 05/28/03 - STREETS - BILL 030398 will provide electrical and telecommunications connections from their facility at 401 North Broad to an open-air parking lot located on the north side of Noble Street east of Broad. The Streets Department has reviewed the proposed buildout for is this project has no 8 objection to the passage of the Bill.

Councilman Dicicco

Any questions for this witness? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030398, an ordinance authorizing G2S2 Associates, L.P., owner of the property 1605-1627 Sansom Street, Philadelphia, PA 19103, to construct and maintain a building encroachment over and above the north footway of the 1600 block of Sansom Street adjacent to the property 1605-1627 Sansom Street and to construct and maintain a building encroachment with electric lights over and above the south footway and 91 05/28/03 - STREETS - BILL 030398 cartway of the 1600 block of Stock Exchange Place adjacent to the rear of the property 1605-1627 Sansom Street; all under certain terms and conditions.

Mr. Mautz

Good morning, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. This Bill authorizes G2S2 Associates, owner of the property 1605-1627 Sansom Street to construct and maintain a building encroachment over and above the north footway of a 1600 block of Sansom and to construct and maintain a building encroachment with electrical lights over and above the south footway and cartway of 1600 block of Stock Exchange Place adjacent to the rear of the property 1605-1627 Sansom Street. The Streets Department has reviewed the construction plans for this project and has no 21 objection to the passage of the Bill.

Councilman Dicicco

Any questions for this witness from the Committee? (No response.)

Councilman Dicicco

Anyone else here 92 05/28/03 - STREETS - BILL 030336 wishes to testify? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030336, an ordinance granting permission to Exclusive Enterprises, Inc., owner of the property 210 East Lippincott Street, Philadelphia, PA 19134 to operate and maintain an open-air sidewalk cafe on the west footway of B Street adjacent to 210 East Lippincott Street, under certain terms and conditions.

Mr. Mautz

Good morning, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 030336 on behalf of the Streets Department: This Bill grants permission to Exclusive Enterprises, Inc., owner of the property 210 East Lippincott Street to operate and maintain an open-air sidewalk cafe on the west footway of B Street adjacent to the property. Twenty-four tables are proposed for the west footway of B Street. No 25 rails will be used. A minimum of 8 feet clear width 93 05/28/03 - STREETS - BILL 030336 will be maintained for pedestrians. The Streets Department has reviewed the cafe plan and has no objection to the passage of the Bill.

Councilman Dicicco

Thank you. Mr. Mautz, later today there will be a hearing in the Committee of L&I concerning sidewalk cafes. This Bill 030336, do you happen to know whether or not any conditions in this Bill would be reflected in the Bill that will be heard in the L&I Committee later today concerning the distance between the property line and the curb line and specific -- obviously, in the Bill that will be heard later in L&I, it seems to be more stricter regulations that will be imposed in order for someone to be able to obtain a sidewalk cafe license. Do you know if there's any correlation between the two?

Mr. Mautz

I'm not aware of any --

Councilman Dicicco

I suspect that isn't because I assume that this Bill may have been introduced prior to or without the knowledge of the Bill.

Mr. Mautz

That's correct. 94 05/28/03 - STREETS - BILL 030341

Councilman Dicicco

So we could be passing a Bill that may in effect be disqualified or --

Mr. Mautz

The current regulations, in my opinion, are the most restrictive because they require an feet clear where the new Bill is going 8 to reduce that amount, given certain conditions.

Councilman Dicicco

I can't hear you. The new Bill would?

Mr. Mautz

The new Bill, given certain circumstances, locations, could reduce --

Councilman Dicicco

Reduce it, right?

Mr. Mautz

That's correct.

Councilman Dicicco

Thank you. Any questions for this witness? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify? (No response.)

Councilman Dicicco

The Clerk will read the title f the next Bill.

The Clerk

Bill No. 030341, an ordinance granting permission to Johnny Mananas Restaurant located at 4201 Ridge Avenue, 95 05/28/03 - STREETS - BILL 030341 Philadelphia, PA 19129, to operate and maintain an open-air sidewalk cafe on the northeast corner of Ridge and Midvale Avenues, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I am here to offer the following testimony for Bill No. 030341: This Bill grants permission to Johnny Mananas Restaurant, located at 4201 Ridge Avenue, to operate and maintain an open-air sidewalk cafe on the northeast corner of Ridge and Midvale. Ten tables are proposed on the east footway of Midvale Avenue. No rails will be used. A minimum of 14 feet clear width will be maintained for pedestrians. The Streets Department has reviewed the cafe plan and has no objection to the passage of the Bill.

Councilman Dicicco

Thank you. Any questions for this witness? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify? 96 05/28/03 - STREETS - BILL 030351 (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030351 an ordinance 6 granting permission to 801 Last Resort inc., owner of the property 801-805 North Third Street, Philadelphia, PA 19123 to operate and maintain an open-air sidewalk cafe on the northeast corner of North Third Street and Brown Street adjacent to 801-805 North Third Street, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I am here to offer the following testimony for Bill No. 030351 on behalf of the Streets Department. This Bill grants permission to 801 Last Resort, Inc., owner of the 801-805 North Third to operate and maintain an open-air sidewalk cafe on the northeast corner of North Third and Brown Streets adjacent to the property. Five tables are proposed on the east footway of North Third. Five tables are proposed on the north footway of Brown 97 05/28/03 - STREETS - BILL 030348 Street. No rails will be used. A minimum of feet clear width will be maintained for pedestrians. The Streets Department has reviewed the cafe plan and has no objection to the passage of the Bill.

Councilman Dicicco

Any questions for 8 this witness? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030348, an ordinance granting permission to Nahal Desai, owner of the newsstand at the northeast corner of Juniper Street and Market Street, to construct, use and maintain an electrical conduit with an electrical service line and a fiber optic conduit with a telephone service line in and under the public rights-of-way for the purpose of applying electrical service and telephone service to the newsstand, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and 98 05/28/03 - STREETS - BILL 030348 Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill 030348: This Bill grants permission to Nahal Desai, owner of the newsstand at the northeast corner Juniper and Market to conduct, use and maintain an electrical conduit with electrical service line and fiber optic conduit with telephone service line in and under the public rights-of-way for the purpose of supplying electrical and telephone service to the newsstand. The Streets Department has reviewed the construction plans for this project and has no 16 objection to the passage of the Bill.

Councilman Dicicco

Thank you. Any questions for this witness? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the next Bill.

The Clerk

Bill No. 030346, an 99 05/28/03 - STREETS - BILL 030346 ordinance granting permission to Lougeswaran Vijayhatnam, owner of the newsstand at the southeast corner of Ninth Street 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 public rights-of-way for the purpose of supplying electrical service and telephone service to the newsstand, under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I am here to offer the following testimony for Bill No. 030346: This Bill grants permission to Lougeswaran Vijayhratnam, owner of the newsstand at the southeast corner of Ninth and Walnut Street to construct, use and maintain an electrical conduit with electrical service line and a telecommunications conduit with a telephone service line in and under the public rights-of-way for the purposes of supplying electrical and telephone service to the newsstand. 100 05/28/03 - STREETS - BILL 030347 The Streets Department has reviewed the construction plans for this project and has no 4 objection to the passage of the Bill.

Councilman Dicicco

Any questions for this witness? (No response.)

Councilman Dicicco

Anyone else here who wishes to testify? (No response.)

Councilman Dicicco

Seeing none, the Clerk will read the title of the final Bill.

The Clerk

Bill No. 030247, an ordinance authorizing Gold Incorporated to construct, own, and maintain a one story building addition on the east footway of 12 Street adjacent to the property 1648-1652 East Passyunk Avenue, all under certain terms and conditions.

Mr. Mautz

Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a Construction Engineer with Streets Department. I'm here to testify on Bill No. 030247 on behalf of the Streets Department. This Bill authorizes Gold Incorporated to construct, own and maintain a one-story building 101 05/28/03 - STREETS - BILL 030347 addition, located on the east footway of 12th Street adjacent to the property 1648-1652 East Passyunk Avenue. This triangular shaped building abuts on east Passyunk Avenue, a portion of Morris Street and South 12th. The scope of the project is to remove an existing vestibule entrance on South 12th and erect a one-story aluminium and glass addition running parallel to the building face. The addition will enclose an existing stairwell leading from the public footway to the basement 1648-1652 East Passyunk and extend to the corner of the building at Morris street. The proposed addition is approximately 61 feet long by feet high and 15 encroaches 4 feet onto the east footway of South 12th. The Streets Department has reviewed the construction plan and field verified clearances and existing encroachments. Due to the existing traffic signal c-post with controller at the corner of 12th and Morris, along with other existing encroachment, the proposed addition will have a negative impact on pedestrian travel as the clear footway width would be reduced to less than five feet. The Streets Department recommends and 102 05/28/03 - STREETS - BILL 030347 would support an amendment to Bill No. 030247 which would reduce the overall length of the addition to 44 feet. This length will allow for the enclosure of the stairwell and extend the addition to the south end of the existing vestibule. The clear unobstructed footway would increase to feet which 8 provide adequate pedestrian passage.

Councilman Dicicco

Thank you. I'm going to recommend that this Bill be reported out of committee favorably, but I will hold the final vote until I get some time to work with the Department and the applicant who is not here today because I want to see if we can resolve this and get it out before we recess June 12th. All right? Any questions of this witness? (No response.) This concludes the public hearing on the Committee of Streets and Services. - - - 103 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON STREETS AND SERVICES - - - Wednesday, May 28, 2003 - - - Public Meeting conducted by the Committee on Streets and Services, held in Room 696, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 030214, 030247, 030249, 030250, 030333, 030336, 030337, 030338, 030341, 030343, 030344, 030345, 030346, 030347, 030348, 030349, 030350, 030351, 030352, 030374, 030375, 030376, 030378, 030380, 030381, 030384, 030385, 030387, 030388, 030390, 030391, 030393, 030394, 030396, 030398. RESOLUTION 030401. - - - PRESENT: COUNCILMAN ANGEL ORTIZ COUNCILWOMAN DONNA REED MILLER COUNCILMAN FRANK RIZZO COUNCILMAN W. WILSON GOODE, JR COUNCILMAN RICHARD MARIANO - - - 104 05/28/03 - STREETS - PUBLIC MEETING

Councilman Dicicco

We will now go into the public meeting. I will be leaving this meeting. I have a very important zoning board matter to attend. It's actually a special meeting on an issue in my district. Councilman Ortiz will take over the proceedings. I'm leaving my vote as aye on all Bills, Resolutions, and amendments; and request that all Bills be reported out of Committee with favorable recommendation and a Rules suspension on all bills. Thank you.

Councilman Ortiz

We have Councilman Mariano, Councilman Wilson Goode, Councilman Rizzo, Councilwoman Donna Reed Miller. I recognize Councilwoman Donna Reed Miller to move out of Committee Bill 030214.

Councilwoman Miller

I make a motion that Bill No. 030214 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.) 105 05/28/03 - STREETS - PUBLIC MEETING

Councilman Ortiz

Nay? (No response.)

Councilman Ortiz

Hearing none, Bill 5 030214 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Councilwoman Donna Reed Miller will move out of Committee Bill 030247.

Councilwoman Miller

I move that Bill 12 No. 030247 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Nay? (No response.)

Councilman Ortiz

Hearing none, Bill 23 030247 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit 106 05/28/03 - STREETS - PUBLIC MEETING first reading the next Session of City Council. I recognize Councilwoman Donna Reed Miller to move out of Committee Bill 030249.

Councilwoman Miller

I move that Bill 6 No. 030249 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Nay? (No response.)

Councilman Ortiz

Hearing none, Bill 17 030249 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Councilwoman, next Bill, please, Bill 22 030250.

Councilwoman Miller

I move that Bill 24 No. 030250 be reported out of this Committee with a favorable recommendation and that the Rules of 107 05/28/03 - STREETS - PUBLIC MEETING Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Nay? (No response.)

Councilman Ortiz

Hearing none, Bill 11 030250 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Councilwoman Miller, next Bill, please.

Councilwoman Miller

I move that Bill 17 No. 030333 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Those against? 108 05/28/03 - STREETS - PUBLIC MEETING (No response.)

Councilman Ortiz

Hearing none, Bill 4 030333 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Councilwoman.

Councilwoman Miller

I move that Bill 10 No. 030336 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Those against? (No response.)

Councilman Ortiz

Hearing none, Bill 21 030336 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Could I hear the amendment. 109 05/28/03 - STREETS - PUBLIC MEETING I recognize Councilwoman Donna Reed Miller to move out of Committee Bill 030214.

Councilwoman Miller

I make a motion that Bill No. 030214 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Nay? (No response.)

Councilman Ortiz

Hearing none, Bill 16 030214 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Could I hear the amendment?

Councilwoman Miller

We have a proposed amendment to Bill No. 030337, all members of this Committee have copies and we will give a copy of stenographer. I move that the amendment be adopted. 110 05/28/03 - STREETS - PUBLIC MEETING (Duly seconded.)

Councilman Ortiz

The amendment duly being seconded, all those in favor the amendment, please say aye. (Aye.)

Councilman Ortiz

The amendment having been approved hearing no nays. Would you please read Bill as amended.

Councilwoman Miller

I move that Bill 11 030337, as amended, be reported out of this committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Nay? (No response.)

Councilman Ortiz

Hearing none, Bill 22 030337, as amended, will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City 111 05/28/03 - STREETS - PUBLIC MEETING Council. The next Bill, Councilwoman.

Councilwoman Miller

I move that Bill 5 No. 030338 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Those against? (No response.)

Councilman Ortiz

Hearing none, Bill 16 030338 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Next Bill, please.

Councilwoman Miller

I move that Bill 22 No. 030341 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. 112 05/28/03 - STREETS - PUBLIC MEETING (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Those against? (No response.)

Councilman Ortiz

Hearing none, Bill 9 030341 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Next Bill, please.

Councilwoman Miller

I move that Bill 15 No. 030343 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Those against? (No response.)

Councilman Ortiz

Hearing none, Bill 113 05/28/03 - STREETS - PUBLIC MEETING 030343 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Next Bill, please.

Councilwoman Miller

I move that Bill 8 No. 030344 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Those against? (No response.)

Councilman Ortiz

Hearing none, Bill 19 030344 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Next Bill, please.

Councilwoman Miller

I move that Bill 25 No. 030345 be reported out of this Committee with a 114 05/28/03 - STREETS - PUBLIC MEETING favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Those against? (No response.)

Councilman Ortiz

Hearing none, Bill 12 030345 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Next Bill, please.

Councilwoman Miller

I move that Bill 18 No. 030346 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.) 115 05/28/03 - STREETS - PUBLIC MEETING

Councilman Ortiz

Those against? (No response.)

Councilman Ortiz

Hearing none, Bill 5 030346 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. Next Bill, please.

Councilwoman Miller

I move that Bill 11 No. 030347 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)

Councilman Ortiz

Those against? (No response.)

Councilman Ortiz

Hearing none, Bill 22 030347 will be reported out committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading the next Session of City Council. 116 05/28/03 - STREETS - PUBLIC MEETING Next Bill, please.

Councilwoman Miller

I move that Bill 4 No. 030348 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our next Session. (Duly seconded.)

Councilman Ortiz

Those in favor, say aye. (Aye.)