Committee Hearing, June 14, 1999

00001 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON STREETS AND SERVICES - - - Room 401, City Hall Philadelphia, Pennsylvania Monday, June 14, 1999 2:45 p.m. - - - BILLS: 990150, 990161, 990201, 990224, 990292, 990309, 990365, 990366, 990367, 990368, 990369, 990370, 990373, 990374, 990375, 990376, 990377, 990378, 990379, 990380, 990420, 990423, 990424 - - - PRESENT: COUNCILMAN FRANK DI CICCO, Chairman COUNCILMAN DARRELL CLARKE COUNCILMAN DAVID COHEN COUNCILWOMAN DONNA REED MILLER COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 (215) 561-2220 00002 I N D E X BILL NO. 980150 PAGE SKASIM ALI, Dept. of Streets ................ 4 BILL NO. 990161 SKASIM ALI, Dept. of Streets ................ 22 5 BILL NO. 990201 SKASIM ALI, Dept. of Streets ................ 26 6 BILL NO. 990292 PAUL LONIE, Dept. of Streets................. 27 7 PAUL DEEGAN, PIDC ........................... 28 MIKE THOMPSON, Planning Commission .......... 29 8 BILL NO. 990309 MIKE LONGSHORE, Dept. of Streets ............ 16 9 BILL NO. 990360 PAUL LONIE, Dept. of Streets ................ 30 10 MIKE THOMPSON, Planning Commission .......... 30 BERNARD KOLODNER ............................ 30 11 BILL NO. 990365 PAUL LONIE, Dept. of Streets ................ 32 12 MIKE THOMPSON, Planning Commission .......... 33 BILL NO. 990366 13 PAUL LONIE, Dept. of Streets ................ 34 PAUL DEEGAN, PIDC ........................... 34 14 MIKE THOMPSON, Planning Commission ......... 36 BILL NO. 990367 15 PAUL LONIE, Dept. of Streets ................ 37 MIKE THOMPSON, Planning Commission ........... 38 16 ROBERT COONEY ............................... 38 BILL NO. 990368 17 PAUL LONIE, Dept. of Streets ................ 39 MIKE THOMPSON, Planning Commission .......... 40 18 PAUL DEEGAN, PIDC ........................... 40 BILL NO. 990369 19 PAUL LONIE, Dept. of Streets ................ 43 MIKE THOMPSON, Planning Commission .......... 43 20 BILL NO. 990370 PAUL LONIE, Dept. of Streets ................ 44 MIKE THOMPSON, Planning Commission .......... 45 JOHN DAWKINS ................................ 45 RALPH WYNDER ................................ 50 BILL NO. 990373 PAUL LONIE, Dept. of Streets ................ 56 MIKE THOMPSON, Planning Commission .......... 56 BILL NO. 990374 MIKE THOMPSON, Planning Commission .......... 57 PAUL LONIE, Dept. of Streets .............. 58, 59 00003 I N D E X (Continued) BILL NO. 990375 PAUL LONIE, Dept. of Streets ................ 61 MIKE THOMPSON, Planning Commission .......... 61 BILL NO. 990376 PAUL LONIE, Dept. of Streets ................ 63 MIKE THOMPSON, Planning Commission .......... 64 BILL NO. 990377 MIKE LONGSHORE, Dept. of Streets ............ 5 RICHARD THOM ................................ 6 WILLIAM LAWLESS ............................. 6 BILL NO. 990378 MIKE LONGSHORE, Dept. of Streets ............ 10 BILL NO. 990379 MIKE LONGSHORE, Dept. of Streets ............ 11 CARL PIMAVERA ............................... 13 BILL NO. 990380 12 PAUL MC CLOSKEY, Water Dept. ................ 65 BILL NO. 990420 PAUL LONIE, Dept. of Streets ................ 68 MIKE THOMPSON, Planning Commission .......... 68 BILL NO. 990423 PAUL LONIE, Dept. of Streets ................ 54 MIKE THOMPSON, Planning Commission .......... 53 BILL NO. 990424 PAUL LONIE, Dept. of Streets ................ 69 MIKE THOMPSON, Planning Commission .......... 70 PUBLIC MEETING ................................ 71 - - - 00004

Good afternoon, everyone. I apologize for being late. First time in three and a half years. You have to give me a pardon on this one. The Committee on Streets and Services will now come to order. In attendance with me are Councilmember Ortiz, Councilmember Rizzo Councilmember Darrell Clarke, Councilmember Miller, Councilman Cohen. What I normally do at this hearings is I go out of the order that the calendar was printed in, and it actually saves us all a lot of time. So we try to get those individual cases that maybe one individual or two individuals done first and then we kind of run through all the parking and/or streets ordinances and we bulk those things up and we run them much quicker that way. So be patient with us, and I assure you it will go a lot quicker this way. The Clerk will read the title of the first bill.

Bill No. 990377. An ordinance authorizing William Lawless, owner of the properties 110 and 112 South Front Street, Philadelphia, PA 19106 to construct and maintain a building encroachment over the public right of way 00005 of Ionic Street and between the two existing structures; all under certain terms and conditions.

Good afternoon. Please identify yourself for the record.

Good afternoon, Chairman DiCicco. My name is Mike Longshore, Chief Permit Officer representing the Department of Streets in today's testimony. With reference to Bill No. 10 990377, this is not an Administration ordinance, but requested by William Lawless, owner of the property 110 and 112 South Front Street, Philadelphia, PA 19106. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain a building encroachment over the entire 8 foot, 6 inch foot wide public right-of-way of Ionic Street between the property 110 South Front street and 112 South Front Street with a minimum vertical clearance from the bottom of the concrete Lentil and above the cartway of approximately 11 feet, 6 inches, and extending approximately 50 feet, 5 inches easterly from the property line on front street. The Department of Streets has plan for 00006 this property and has no objection to the passage of this bill.

Thank you. Please identify yourself for the record.

Of the my name is Richard Thom, T-H-O-M. I'm the architect for Mr. Billy Lawless to my right. We are the applicants in this matter and I'd like have Mr. Lawless speak for a moment first.

Thank you, Councilmember Chairman. I'm William Lawless and I'm the owner of the property 110-112 Front Street. I purchased this last year. It's my intention with your approval to build an Irish theme restaurant on the first floor and basement with apartments over the restaurant on the following four floors. My proposal by Mr. Richard Thom is my architect on the project. And my proposal is being viewed with enthusiasm by the Old City Civic Association and the Historical Society. I'm ready to get the viability of the project. The project will cost region of for 4 and a half million dollars and we wish your approval for the encroachment, Councilman.

Any questions for these 00007 witnesses from this Committee? Mr. Lawless, anyone ever tell you you sound like Commissioner Timoney. I did tell you when we met. Not related.

You did, Councilman yes.

Not related?

No. 9

Mr. Lawless, is that the property that formally held an Indian restaurant?

Monks restaurant was that property. It's a vacant lot now, Councilman. It's directly behind the multi-story story car park between Walnut and Chestnut.

Councilman Cohen, most people in the neighborhood knew it as Raymond Holdiman's. Raymond Holdiman was a restaurateur for had it for many years. Raymond Holdiman's high end was a luxury restaurant there and a catering location. The original building you see in the photographs was constructed in 1820. It's part of the Historic District, National Register Historic District. It's sustained several fires by vagrance, the second of which you see in the photograph in the hand-out. 00008 The second fire caused the Historic Commission and L & I to declare the building eminently dangerous, two buildings there. I fought that designation. I fought against the then Commissioner. L & I prevailed and the buildings were torn down in the spring of '94. What we are proposing to do here is to basically recreate the historical facade with the approval of the Historical Commission and by virtue of that covering over Ionic Street in what is known as a known as a historic carriage way over the street. And it's an important element in Olde City. We've lost two or three of this historic carriage ways. We'd like to recreate this one as part of this project. We think it's a plus for the Streets Department, for the City. We intend to put a plaque on it and talk about the historical building that was once there, that sort of thing. I think my client is proposing a major investment in the City here, and we think that it's a real asset.

Thank you.

Thank you. Any other questions for this witness? Anyone else here wishes to testify for 00009 BILL NO. 990378 or against the bill?

Yes, I'd like to request the suspension of the rules on this bill to expedite it.

So noted. The Clerk will read the title of the next bill.

Bill No. 990378, an Ordinance granting permission to Williams Communications, Inc., registered to do business in Pennsylvania, and its successors, assigns, and agents, to construct, maintain, operate, replace, and remove a telecommunications system in and under the public rights-of-way and City streets and/or to place such telecommunications system within the existing facilities owned by Bell Atlantic-PA, Inc., PECO Energy Company, Southeastern Pennsylvania Transportation Authority, Consolidated Rail Corporation, National Railroad Passenger Corporation, Delaware River Port Authority, CSX Corporation or other entity holding a grant pursuant to other City ordinances; all under certain terms and conditions.

Please identify yourself for the record. 00010 BILL NO. 990378

Chairman DiCicco, my name is Mike Longshore, Chief Permits Officer, representing the Department of Streets in today's testimony with reference to Bill No. 990378. This is not an administration but an ordinance requested by Williams Communications, Incorporated, One William Center Post Office Box 22067 Tulsa, Oklahoma 72421. The purpose of this ordinance is to acquire from City Council the legal authority and permission to construct and maintain a fiber optics network and telecommunications system in and onto the public right-of-way at various locations along their specified route. This is a companion bill to Ordinance No. 980947 passed by City Council and signed into law earlier this year. It's extending the route previously approved. The Committee of Highway Supervisors have been reviewing the plans of this project with approval expected shortly; therefore, the Department of Streets has no objection to the passage of this bill.

Thank you, Mr. Longshore. Do you happen to know whether they're looking for a 00011 BILL NO. 990378 suspension on the rules on this?

I'm going to ask for a suspension on the rules, Councilman. Thank you.

Any else here who wishes to testify?

Mr. Chairman, just a question. Mr. Longshore, your experience with the first phase of this work?

Williams Communication is merely connecting their fiberoptics through Philadelphia using existing PECO and SEPTA and Bell Atlantic duct work.

No street openings?

I believe there was one or two street openings in the first phase. There's none noted on this phase.

So the first one, no 20 problem?

No problem.

Thank you.

Any other questions for this witness? Anyone else here who wishes to testify 00012 BILL NO. 990379 for or against this bill? Hearing none, the Clerk read the title of the next bill.

Bill No. 990379, an Ordinance authorizing G&G Enterprises, owner of the property 1601-1603 Sansom Street, Philadelphia, PA 19103, to construct and maintain a building encroachment with electric lights over and above the south footway and cartway of the 1600 block of Stock Exchange Place adjacent to the rear of the property 1601-1603 Sansom Street; all under certain terms and conditions.

Good afternoon, Chairman DiCicco, Members of the Committee. My name is Mike Longshore, Chief Permits Officer, representing the Department of Streets in today's testimony in reference to Bill No. 990379. This is not an Administration ordinance, but rather an ordinance by request on behalf of G&G Enterprises, owner of the property 1601-1603 Sansom Street, Philadelphia, PA 19103. The purpose of this ordinance is to acquire from City Council the permission to construct and maintain a building encroachment with 00013 BILL NO. 990379 electric lights encroaching approximate foot, inches, from the property line over and above south footway and cartway of Stock Exchange Place with a minimum vertical clearance above the public right-of-way of approximately foot. This 7 encroachment extends 11 stories in height and is 8 located approximately 22 foot west of the west curb 9 line of 16th Street to a point 100 foot from said 10 point. 11 The Department of Streets has reviewed the plan for this property and has some reservations about this encroachment as it pertains to the public right-of-way, in particular the safety issue involved with the vertical clearance about the footway and cartway. This issue has since been resolved to satisfaction; therefore, the Department of Streets has no objection to the passage of this bill.

Mr. Chairman, Members of the Committee, Carl Primavera. I'm here with Wayne Spilov and Dan Sovlosky, also David Erfer from JK Roller. You may remember a bill that we had which basically covered the holdings of my client which started the next property to the west, which was 00014 BILL NO. 990379 1605, and this was for the proposed garage, as you may recall from the plans, and we had worked with the Streets Department and we are in the process, hopefully, of acquiring the one remaining piece to the east. And this will allow us to expand the garage. We currently are in negotiations and we don't know if it's going to be part of the project or not, but given Council's session closing quickly and our need to move ahead with this project, with the first ordinance in place, if that's the full extent of the project then so be it. On the other hand, we just felt that it would be a home run if we could pick up that one extra piece. Right now it looks 50/50, but we're in discussions with the owner. And we didn't want to be in a situation where we were lucky enough to put the property under agreement and then the prior ordinance was insufficient and we couldn't go ahead with project until the fall. That's really why we're here today. In any event, of the other portion of the project, regardless of whether we acquire this property, will go forward. And you may recall the testimony with regard to our meetings with the community and the Streets Department and dealing 00015 BILL NO. 990379 with all the issue us so that the private developer will be responsible for that piece of property which would be the area of the encroachment and will maintain it, light it, and keep it clean. And I think you may recall all the other desirable benefits from this project, so I won't repeat them unless you have some specific questions here today.

This is the northwest corner, right where Holt's Cigars used to be.

That's correct.

The building with the chute or whatever it is?

They tried some construction; it didn't work and it's just been sitting there. And that's why we're hoping to fold it into our project.

It's not extending the garage use into that building, is it?

Yes.

Making the building, all of it become a garage. Any retail?

The first floor will have the retail.

So it will be contiguous 00016 BILL NO. 990309 with the other properties with the retail all away around. So garage upper levels but the retail be maintain all the way around, okay. Any questions for these witnesses from the Committee. You need a suspension on this?

Yes, we would. Thank you.

Any other witnesses here? Anyone else who wishes to testify for against? Hearing none, congratulations. The Clerk will read the title of the next bill.

, Bill No. 990309, an Ordinance authorizing Robin and Joseph West, Owners of the property 3100 Brighton Street, Philadelphia, PA 19149, to construct and maintain an above ground pool and fence on and within the unimproved portion of the public right of way of Hawthorne Street adjacent to the property 3100 Brighton Street, under certain terms and conditions.

Good afternoon, Chairman DiCicco. My name is Mike Longshore, Chief Permits Officer representing the Department of Streets for 00017 BILL NO. 990309 today's testimony with reference to Bill No. 990309. This is not an administration Ordinance, but rather an ordinance requested by Robin and Joseph West, owners of the property located at 3100 Brighton Street, Philadelphia PA 19149. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain an above ground swimming pool fence extending approximately 7 feet on and within the unimproved eastern portion of the east footway of Hawthorne Street, beginning at a point approximately foot south of the south curb line 14 of Brighton Street and extending to a point 15 approximately 121 foot from said point. The minimum 16 clear pedestrian footway remaining will be maintain 17 at 8 feet. Department of Streets has reviewed the plan of this property. We have no objection to the passage of this bill. We also ask for a suspension of the rules, Councilman.

Any questions for this witness?

Is this already constructed? Is this already up. 00018 BILL NO. 990309

Yes, Councilman. They were cited by License and Inspection for encroaching in the public right-of-way, as is all the corner properties in the Mayfair section that have been cited over the last few years.

One point I'd like to make. Involving myself in these above ground pools, I would hope that L and I and Streets would, whenever you review these particular requests, take into consideration the electric wires that are running on top of the location where these pools are. I spoke to a person from PECO Thursday that told me that there are so many bad situations out there where energized wires are right over some of these above-ground pools servicing the residential properties. Does someone from Streets make a site visit to these locations? How does it work.

That would fall under the realm of License and Inspection as far as the structure or appurtenances itself. The Streets Department would just look at the footprint, the encroaching footprint to see what's encroaching in the public right-of-way, not the structure itself. 00019 BILL NO. 990309

So you never really even make a visit there.

Well, in this particular case, License and Inspection did cite the owners, I believe, for the encroachment and also to get a building permit which would also include the electrical permit in this case. Personally, I haven't seen this site. A few others in the neighborhood -- I believe last year there were two or three in the same area, fences and patios.

I'm talking about the existing service wires coming from the PECO pole to the house. They told me of a story where the wires were like seven or eight feet above the pool.

The Streets Department itself, Councilman, to answer your question as honestly as I can, we don't look at these things.

I'll make sure I remind L & I about that. Thank you.

Any other questions? Anyone else here who wishes to testify?

I ask for a suspension of rules, Mr. Chairman. 00020 BILL NO. 990150

Anyone else here who wishes to testify for or against the bill? Hearing none, the Clerk will read the title of the next bill.

Bill No. 990150, an Ordinance establishing a parking regulation on Front Street, both sides Olney Avenue to Godfrey Avenue.

Honorable Chairperson, honorable Councilmembers, my name Skasim Ali, spelled S-k-a-s-i-m; last name is Ali, A-l-i. I'm the Acting Assistant Chief Traffic Engineer representing Streets Department. The Streets Department offers the following testimony in support of Bill No. 990150, establishing a no truck parking anytime regulation on Front Street, both sides, Olney Avenue to Godfrey Avenue. Tractor-trailers frequently park for extended periods of time on both sides of Front Street between Olney Avenue and Godfrey Avenue. The abutting land use, a school, a shopping center, and residents preclude the posting of no truck parking anytime. At this point, I would like to make a 00021 BILL NO. 990161 correction. There's a typo in the photocopy I've handed over. It should read "no truck parking anytime," not p.m. to 6 a.m. I apologize for that 5 mistake. 6 Work orders have been issued for the appropriate signage, which should be installed soon. Therefore, the Streets Department recommends passage of this bill.

Any question for this witness from the committee? Anyone else here who wishes to testify for or against this bill? Hearing none, the Clerk will read the title of the next bill. Are you for suspension on these, by the way?

Yes, we are.

Bill No. 990161, an Ordinance establishing a parking regulation on Godfrey Avenue, both sides, from Front Street for 1,065 feet to Adams Run.

My name is Skasim Ali, Acting Assistant Chief Traffic Engineer. The Streets Department offers the following testimony in support 00022 BILL NO. 990161 of Bill No. 990161, establishing a no truck parking regulation on Godfrey Avenue, both sides, from Front Street for 1,065 feet to Adams Run Boulevard. Tractor-trailer trucks frequently park for extended periods of time on both sides of Godfrey Avenue east of Front Street. The abutting land use, a school, a ball field, and a supermarket preclude the posting of a no truck parking anytime regulation. Same correction here, please. It should read, "No truck people anytime," rather than 6 p.m. to 6 a.m. Work orders have been issued for the appropriate signs which will be installed soon. Therefore, the Streets Department recommends passage of this bill.

Councilman Rizzo.

Sir, could you please describe -- when you say a truck, there are many vehicles that carry truck license plates like a pickup truck, and I think we've discussed this before here. When you say no truck parking anytime, do you mean no truck parking anytime?

This will be any vehicle 00023 BILL NO. 990161 registered as a truck and the tags saying truck cannot park here anytime.

I was led to believe that a person that lives in the Community has a pickup truck, uses it for their business, that that didn't apply, that pickup truck with a truck tag.

I believe --

Because an example, on Henry Avenue it says no truck traffic at any time, but I learned that pickup trucks under a certain gross vehicle weight are allowed to traverse Henry Avenue without any violation of the law.

I'll check with my Chief Traffic Engineer because I'm not very sure. I believe for owner truck parking prohibition, half ton or less are exempt from the regulation. But in this case, from my understanding, is that no trucks can park when it says no truck parking anytime.

I think that really needs to be clarified.

I think the weight limitation is the clarification. I think, I've been away from it for a while, a truck tag is issued to a vehicle that exceeds a certain gross weight. 00024 BILL NO. 990161 Anything under that you would not get a truck tag.

That's not correct. A pickup truck can carry a truck license plate, yes.

I have a copy of Traffic Code for the owner truck prohibition. That clearly reads, This subsection shall not apply to any commercial vehicles having the capacity not in excess of one half ton which has not been materially changed from the original manufacturer's design nor to the following locations." Now, I'm not very sure whether this holds for all truck prohibitions or specifically for this overnight truck parking.

In a lot of cases, I know especially in my district in the more densely populated communities like South Philadelphia, even though the trucks may be opened by residents, if you continue to allow these trucks parking there, it kind of takes on a very commercial appearance. And many of these requests from the residents themselves because, although they don't wanted to be pitted against their neighbor, trucks do create some aesthetic problems as well as some safety issues. So I guess the sponsor of the bill would be the one 00025 BILL NO. 990161 who would really be the person who would be more specific as to the type or size of trucks that they want there.

What concerns me is that there been confusion at the enforcement level. I think going in we should really know what a truck, according to you is, and what a truck is to the police department. Because I've learned recently that the police department's interpretation of a truck is different than what -- I was in the same philosophy that you were, that anything that had a truck tag is a truck. But according to the police department, the State Police, that is not an accurate statement.

Well, my understanding is what you just mentioned, that anything which is registered as a truck. But what I can do is I can do some homework and maybe I can provide some documentation and come back.

Thank you. Any other questions for this witness? Anyone else here who wishes to testify? Hearing none, the Clerk will read the title of the next bill. 00026 BILL NO. 990201

Bill No. 990201, an Ordinance establishing a tow away regulation at taxi stand on Broad Street, east side, beginning at a point 81 feet north of Olney Avenue for 36 feet.

My name is Skasim Ali. I'm the acting Assistant Chief Traffic Engineer. The Streets Department offers the following testimony in support of Bill No. 990201, establishing a tow away zone regulation at taxi stand of Broad Street, east side, beginning at a point 81 feet north of Olney Avenue for 36 feet. This regulation is needed to aid in enforcement of the current taxi stand regulations at the Broad Street and Olney Avenue subway station. Presently the taxi stand is frequently occupied by illegal taxis and other vehicles causing legal taxis to double park if to stop at all. Work orders have been issued for appropriate signage which will be installed soon. Therefore, the Streets Department recommends passage of this bill.

Any questions for this witness? Anyone else here who wishes to testify 00027 BILL NO. 990292 for or against this bill? Hearing none, the Clerk will read the title of the next bill.

Bill No. 990224 is being held at the request of the sponsor.

Bill No. 990292, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 384 by striking from the City Plan and vacating a certain 120 foot wide and variable width portion of Hornig Road approximately 797 feet southwest of Kubach Road, and by reserving and placing on the City Plan a certain right-of-way for drainage purposes and water main purposes within the lines of Hornig Road being stricken from the City Plan and vacated by this Ordinance, all under certain terms and conditions.

Good afternoon, gentlemen. Please state your name and identify yourself for record.

Good afternoon, Mr. Chairman, Members of Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets. The Department of streets would like to give the following testimony on Bill No. 990292: 00028 BILL NO. 990292 This is not an administration ordinance, but an ordinance requested by Mr. Evans Sparks of PIDC. The purpose of this ordinance is to grant the legal authority to strike a portion of Hornig Road in the Byberry West Industrial Park for the proposed development of an eight-acre site. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

My name is Paul Deegan, D-e-e-g-a-n. We're the party of interest in this bill which authorizes certain changes in the alignment of Hornig Road. The changes are needed to market approximately 27 acres of vacant land for new development in the Byberry West Industrial Park. We currently have seven acres of this land under agreement of sale, and the buyer needs the road realignment to remove an unneeded portion of Hornig Road from their site. I ask that the Committee consider this bill favorably and that the Rules of Council be 00029 BILL NO. 990360 suspended to permit first reading at the next regularly scheduled meeting at Council. I thank you and I'd be happy to answer any questions you may have. I also have extra copies of the written testimony if you would like.

Thank you. Any questions for this witness? Anyone else here who wishes to testify for or against the bill?

Yes. Good afternoon. My name is Mike Thompson. I'm here on behalf of the Philadelphia City Planning Commission. The Philadelphia City Planning Commission recommended approval of this bill at its meeting of May 20th of this year. Thank you.

Thank you. Any other testimony here? Hearing none, the Clerk will read the title of the next bill.

Bill No. 990360, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 46 by striking from the City Plan 47th Street from Market Street to Ludlow Street, under certain terms and conditions. 00030 BILL NO. 990360

Good afternoon, Mr. Chairman, Members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets. And the Department of Streets would like offer the following testimony on Bill No. 990360: This is not an administration ordinance, but an ordinance requested by Mr. Bernard Kolodner of Mesirov, Gelman, Jaffe, Cramer & Jamieson. The purpose of this ordinance is to secure title to the 4700-06 Market Street property for Community Care and Development Corporation. This ordinance is supported by the Department of Streets and is recommended to Committee for favorable action. MR. Thompson: Good afternoon, Mr. Chairman, Members of the Committee. My name is Mike Thompson on behalf of the Philadelphia City Planning Commission. The Philadelphia City Planning Commission recommended approval of this bill at its meeting of June 3, 1999.

Good afternoon, Members of the Committee. I'm Bernie Kolodner. I requested this bill on behalf of our client who is a nonprofit 00031 BILL NO. 990365 corporation, and we are trying to assemble land, we're trying to get it from the PIDC, from the City, working with Mr. Deegan, and we would appreciate your assistance and we do recommend a suspension of the Rules.

Thank you. Any questions for this these witnesses? Anyone else here who wishes to testify? Hearing none, the Clerk will read the title of the next bill.

Bill No. 990365, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 402 of an area bounded by Enterprise Avenue, Island Avenue, the Delaware Expressway, the Delaware River and the Philadelphia and Delaware County Line by striking from the City Plan and vacating Island Avenue, from Enterprise Avenue to Hog Island Road; by striking from the City Plan and vacating Hog Island Road from Island Avenue to Fort Mifflin Road; by striking from the City Plan and vacating Envoy Avenue from Island Avenue to a dead end turnaround northeastwardly therefrom; by striking from the City Plan and abandoning a certain right of way for sewer and 00032 BILL NO. 990365 drainage purposes lying northeastwardly and directly adjacent to Island Avenue; by placing on he City Plan Fort Mifflin Road from Enterprise Avenue, southwardly, eastwardly, southwardly and southwestwardly to Hog Island Road; by reserving and placing on the City Plan a right of way for drainage purposes, water main purposes, and public utility purposes within the bed of Island Avenue being stricken and vacated by this ordinance from Enterprise Avenue southeastwardly to an existing right of way; and by renaming the portion of Hog Island Road from Fort Mifflin Road to the Philadelphia and Delaware County Line as Fort Mifflin Road.

Thank you, the Clerk. I apologize for the length of the title. My name Paul Lonie representing the Department of Streets and we would like to offer the following testimony on Bill 20 No. 990365: This is an Administration ordinance 22 requested by the Commerce Department. The purpose of this ordinance is to realign the street system in the vicinity of the Philadelphia International Airport to allow for a 00033 BILL NO. 990366 new runway. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good afternoon. My name is Mike Thompson with the Philadelphia City Planning Commission. The planning commission's staff reviewed and tentatively approved this proposed City Plan change on November 3, of 1997. The Philadelphia City Planning Commission will recommend approval of this bill at its meeting of June 17th.

Any questions for these witnesses? Anyone else here who wishes to testify?

I'd like to ask for waiver of the rules, Mr. Chairman, on that bill.

So noted. Thank you. The Clerk will read the title of the next bill.

Bill No. 990366, an Ordinance authorizing the striking from City Plan No. 17-S and abandoning of a certain right-of-way for gas main purposes and public utility purposes 00034 BILL NO. 990366 within the lines of former Anin Street extending from a 50 feet wide right-of-way (former 28th Street) to 29th Street; all under certain terms and conditions.

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie. The Streets Department would like to offer the following testimony on Bill No. 990366: This is not an Administration ordinance, but an ordinance originally requested by Mr. Robert Boothroyd 1732 Vista Street. The purpose of this ordinance is to legally abandon a right-of-way in the former Anin Street between 29th and former 28th Street to erect a new facility for Rosa Foods, Incorporated. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good afternoon, Mr. Chairman, Members of the Committee. My name is Paul Deegan. I represent PIDC and the Philadelphia Authority for Industrial Development. I thought we the party of interest for this bill, but I guess we're not. We do have this land under agreement of 00035 BILL NO. 990366 sale. The bill authorizes the striking of a right-of-way located on a two-acre site in the Grays Ferry Section of the City. When the right-of-way is removed PIDC and PAID will sell the property to Rosa Foods.

I'm sorry, who?

Rosa Foods.

They're located on 1300 Federal Street?

Yes, they are an existing company interested in building on this two-acre site. They ask that the right-of-way be removed because they're having placing their building on the site without running into the right-of-way. It's a gas main right-of-way. And they can really maximize development of the site if they have the right-of-way removed. So they have requested it and retained Mr. Boothroyd who has put in that request. We're certainly in agreement with it and support it and we ask that the Rules of Council be suspended so as to permit First Reading at the next Session of Council.

Have they indicated anything that they intend to do with the property 00036 BILL NO. 990367 that they're in now? I know it's been up for sale for a while.

No, I haven't spoken to them about their existing property. I can check and find out for you, Councilman.

Thank you.

Good afternoon. Mike Thompson on behalf of the Planning Commission. The Planning Commission staff reviewed and tentatively approved this action on June 1st of this year. Thank you.

Any questions for these witnesses from the Committee? Anyone else here who wishes to testify for or against the bill? Hearing none, the Clerk will read the title of the next bill.

Bill No. 990367, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 171 by striking from the City Plan Nice Street from Hunting Park Avenue to a point approximately 200 feet southeastwardly therefrom, under certain terms and conditions. 00037 BILL NO. 990367

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie representing the Department of Streets, and we would like to offer the following testimony of Bill No. 6 990367: This is not an Administration ordinance, but an ordinance requested by Mr. Robert L. Cooney of Morgan, Lewis & Bockius, Counselors at Law. The purpose of this is ordinance is for Amoco to upgrade and replace the service station at 4043 Germantown Avenue. The new facility would represent a significant improvement to the neighborhood. This is a paper street they're asking to be stricken from the City Plan. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good afternoon. My name is Mike Thompson, City Planning Commission. The City Planning Commission reviewed and tentatively reviewed this action on May 3rd of this year, and the Philadelphia Planning Commission recommend approval of this bill at it's meeting of June 17th. 00038 BILL NO. 990367

Good afternoon. My name is Steven Faleta (ph) with BP Amoco. I'm just here to answer any of the questions you have on our proposed project.

Good afternoon, Chairman and Members of the Committee. Bob Cooney. I just would request a suspension of the Rules, and I'm also here if there's any questions.

Any questions for these witnesses? Councilwoman Miller.

Thank you, Mr. Chair. I just want to say that our office supports the striking of this portion of Nice Street. My staff person has been actively involved in working with neighbors and at the meeting with the two gentlemen and we believe this is really going to be a project to upgrade that area, and the neighbors issues will be addressed. They are not that many.

Sir, do you wish to testify? Any questions for these witnesses? Anyone else here who wishes to testify for or against the bill? Hearing none, the Clerk will read the 00039 BILL NO. 990368 title of the next bill.

Bill No. 990368, an Ordinance authorizing the revision of line and grades on a portion of City Plan No. 266 by striking from the City Plan and vacating Jefferson Street from 50th Street to a dead end turnaround northwestwardly therefrom and striking from the City Plan and abandoning a certain right-of-way for drainage purposes, under certain terms and conditions.

Good afternoon Mr. Chairman and Members of the Committee. My name is Paul Lonie. And the Streets Department would like to offer the following testimony on Bill No. 990368: This is not an Administration ordinance 17 but and ordinance requested by Mr. Evans Sparks PIDC. The purpose of this ordinance is to allow for development of a retail shopping along 57th Street. This ordinance is supported by the Department of Streets and is recommended to your Committee for a favorable action.

Good afternoon. My name 00040 BILL NO. 990368 is Mike Thompson. The Philadelphia City Planning Commission recommended approval of this bill at its meeting of June 3, 1999.

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Deegan. I represent PIDC and PAID. We are the party at issue for this street change, and I'm here to testify in support. The ordinance authorizes the striking of a portion of a cul-de-sa street in PIDC's West Parkside Industrial Park. The action is needed to complete the assembly of a 13.5 acre site being marketed for a major area shopping center to serve the West Philadelphia Community. PIDC has worked closely with the West Philadelphia Empowerment Zone, the City's Commerce Department, and with Councilman Nutter to assemble the 13.5 acre site, demolish the existing vacant and dilapidated structures, and issue a request for proposals to develop the site. I'd say also the project manager, Mr. Anthony Palmor is in the room 23 and he really can take more credit than anyone else for the progress of this development. The goal of the RFP is to attract a 00041 BILL NO. 990368 development of 100,000 square feet anchored by a major supermarket. The RFP was publicly advertised in April this year and a pre-bid meeting was held in May. We're expecting to receive responses from developers by June 30. City Council has already approved the Tax Increment Financing District for this development, and on Wednesday the Rules Committee will hear testimony on the bill to re-zone the site to area shopping center. The site now is a combination od G2 industrial and various residential zones. I ask that the Committee consider this bill favorable and the Rules of Council be suspend to permit First Reading at the next regularly scheduled meeting of City Council.

Any questions for these witnesses? Anyone else here who wishes to testify for or against the bill? Councilmember Nutter.

Thank you, Mr. Chairman and Members of the Committee. I can only echo my support for the testimony that's been given 00042 BILL NO. 990369 on this particular bill. This shopping center project is critical to the revitalization of the Parkside Community and will have larger benefits for West Philadelphia. So as Mr. Deegan indicated, this bill and another bill will certainly move the project forward. This City Council has taken action already to help with this project, and I just want to ask the Chair and Members of the Committee to act favorably on this particular bill. I'm in full support of it.

With the suspension of rules?

With the suspension of the Rules, Mr. Chairman. Thank you.

Thank you. Anyone else here who wishes to testify for or against this bill? Hearing none, the Clerk will read the title of the next bill.

Bill No. 990369, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 297 by striking from the City Plan certain portions of Keely Street from Henry Avenue Southwestwardly to a dead end turnaround and making Keely Street conform more 00043 BILL NO. 990369 nearly with existing physical conditions, under certain terms and conditions. Which witness.

Good afternoon, Mr. Chairman, Members of the Committee. My name is Paul Lonie, and the Streets Department like to offer the following testimony on Bill No. 990369: This is not an Administration ordinance, but an ordinance requested by Mr. John A. Murphy, 730 Caledonia Street in Philadelphia. The purpose of this ordinance is to make Keely Street conform more nearly with existing physical conditions. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good afternoon. My name is Mike Thompson on behalf of City Planning Commission. The Philadelphia City Planning Commission recommended approval of this bill at its meeting of June 3, 1999.

Any questions for these witnesses? Councilmember Nutter.

Thank you, Mr. 00044 BILL NO. 990370 Chairman. I would only add that I've received correspondence from the interested party indicating support from nearby residents in support of his proposal, and that was the primary basis for introduction of this bill, and I support what the gentleman is trying to do.

Thank you.

Mr. Chairman, can I request a waiver of the rules, please.

Thank you. Anyone else here who wishes to testify for or against the bill? Hearing none, the Clerk will read the title of the next bill.

Bill No. 990370 an Ordinance 16 authorizing the revision of lines and grades on a portion of City Plan No. 174 by striking from the City Plan and vacating 31st Street from Allegheny Avenue to Hunting Park Avenue, under certain terms and conditions.

Good afternoon, Mr. Chairman, Members of the Committee. My name is Paul Lonie. I'm with the Department of Streets and we'd like to offer the following testimony on Bill No. 25 9990370: 00045 BILL NO. 990370 This is not an Administration Ordinance, but an ordinance requested by Mike Swider, McDonald's Corporation. The purpose of this ordinance is to legally close 31st Street so McDonald's Corporation may create a bypass lane around the drive-thru and potentially add parking on their existing restaurant at the site. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good afternoon. My name is Mike Thompson on behalf of the City Planning Commission. The City Planning Commission staff reviewed and tentatively approved this action on May 3, 1999. The Philadelphia City Planning Commission will recommend approval of this bill at its meeting of June 17th.

Good afternoon, sir. Would you please identity yourself for the record.

Good afternoon. My name is John Dawkins. I'm the owner of the McDonald's at 31st and Allegheny. What we propose do there, what I propose to do, is to tear down the restaurant. 00046 BILL NO. 990370 It's an old restaurant. We want to tear it down and put up a state-of-art facility with a state-of-the-art play park for the children and community in the area. The piece of land that we're talking about we need for a drive-thru lane. Right now we have one lane and we're unable to have cars pass through the drive-thru lane, and will provide additional parking. Any questions, I'd be glad to answer them.

Councilmember Nutter.

Thank you Mr. Chairman. Not so much for the moment for Mr. Dawkins, but maybe to Mr. Lonie. Could you give us a sense of the amount of length of street that we're talking about and can you give some other description? Normally when people think about a street, they think about a street were homes on it and people out. Can you give us, for the record, a better description of what it is that we're talking about here.

Sure, I'm be glad to. It's a triangular piece of ground, even though it says 00047 BILL NO. 990370 it's the bed of 31st street, but there's also appurtenant ground next to it that's the intersection of Hunting Park and Allegheny Avenue. A triangle right there. I believe it's approximately 120 feet on one side and about 108 feet on the other side. This ground all revert to the abutting property owner which is in this case McDonald's, and it's going to be a substantial improvement and the building for them to build. What it's also going to help tremendously is the Streets Department because it's going to prevent a lot of people trying to cut through that area right now and it's going to make that intersection a much safer intersection. We have asked McDonald's to have their engineering company look at a pedestrian study to make sure that we're going to realign that intersection the best way for pedestrian and safety and they've agreed to do so, and it's just going to be a tremendous improvement for the community and for the Streets Department.

If I might add. My name is Mike Thompson with the Philadelphia City Planning Commission. There were two sketch plans, two scenarios for building on this parcel. In one 00048 BILL NO. 990370 scenario, the building proposed to replace -- if the building was demolished, would encroach or would be within the bed of the street about once stricken by about feet. In the other scenario there's a 6 surface parking lot that would be developed in the 7 bed of the street. 8

Again, just for the 9 record, Mr. Lonie, there are no homes or residents 10 directly affect by the proposed action for the day; 11 is that correct. 12

No, sir. That's completely 13 just blacktop wide open intersection that is just an 14 accident waiting for cars to come through and 15 destroy themselves. No one will be relocated, no 16 businesses will be lost. Again, this is a win/win 17 scenario for everyone. 18

And in your opinion, 19 does not present any particular inconvenience to any 20 motorist or pedestrians, given the activity that Mr. Dawkins wants to have at that location?

None. Some of the folks that do use that illegally probably won't like it, but we're quite in favor of that.

Well, I mean, we 00049 BILL NO. 990370 don't want to inconvenience drivers that are driving illegally though. Only playing. Mr. Dawkins, if I can ask you one quick question. You've had an opportunity to have some discussion with the Chairman who is here today, I think put some comments on the record. You've had a chance to meet with the community and have on ongoing dialog with the Democratic Board leader of the 30th Ward Mr. Al Weiner, is that correct? MR DAWKINS: That's correct. Mr. Weiner and I have had on several occasions. And because of him, I've been able to meet many community people in the area. And every group that I've met has been very favorable on this project because, again, we're going to be able to provide a state-of-the-art facility in this community that's long overdue and the play park and along with reducing the potential traffic, illegal traffic, that comes through that street. So yes, we've had an ongoing dialog, very positive dialog with the community.

Last question. Should there be favorable action, what's your estimate on start of construction activity and completion? When will people be buying hamburgers 00050 BILL NO. 990370 again?

It's my understanding from McDonald's construction department, we will probably tear the store down in 60 days and have it rebuilt within 90 days to 120.

So possibly by the end of year?

The target is December 1.

Mr. Chairman, if it is at all possible at some point Mr. Wynder have an opportunity to make some remarks for the record.

I think it's appropriate. Councilman Cohen has some questions.

I'd like to have Mr. Wynder speak first.

Please identify yourself for the record.

Ralph Wynder.

Will you spell your last name for the stenographer.

W-y-n-d-e-r.

Thank you. Please proceed with your testimony.

Good afternoon, everyone. 00051 BILL NO. 990370 I'm just here to support the striking of the street that is in question. I'm in favor of it because I've met with Mr. Dawkins on a number of occasions. I've brought him into the community to meet with community leaders such as Lincoln Taylor who is the president of the RAH, which is the Ridge Allegheny Park Hunting Park Civic Association, as well as the leadership of the North Penn Civic Association which is also in that area. After that, these individuals went back to a community meeting, discussed this plan, discussed the inconvenience to the community in terms of McDonald's being shut down for that period of time. That was the biggest concern; the fact that the McDonald's will be shut down for a period of months, not that the street would be stricken from the record. The people pretty much don't use that street except for the few people, as you say, who do it in a very unsafe manner, and the street would not be missed. It's a very little used street, pretty obscure, no homes, and no one spoke to that being an inconvenience. Mr. Dawkins has agreed to come into the community, as other businesses in that community have done and be very supportive of our clean-up 00052 BILL NO. 990370 campaigns in that neighborhood, to be very supportive of our sports associations which we often have tournaments for the youth in terms of baseball, basketball, and other male and female activities. He's agreed to work with us on a number of projects. And I think that not only will the store be enhanced, but the community will be enhanced by his presence as a owner and by this state-of-the-art building, so we're behind this project.

Councilmember Cohen.

I just wanted to congratulate everybody. I pass that corner every day on my way to downtown and my way back, and it has called for action for a long time and I welcome the concept of there being a state-of-the-art restaurant there. It's sorely needed and maybe it will return more to the days when that corner was well known for the kind of restaurant it had. Thank you, Mr. Chairman.

Any other questions?

Mr. Chairman, I request a waiver of the rules.

Thank you. And thank you, sir. I was just listening to some of this 00053 BILL NO. 990370 testimony and the only think I would add is if you ever decide that you want open up something in the first councilmanic district, please look me up. Listening to all of this reinvestment that's going on in the community, I would certainly welcome you and do everything in my power to move you through the process as Councilman Nutter has done. Thank you. Councilwoman Miller.

Mr. Dawkins is an owner/operator of McDonald's in several locations in the 8th District and he runs a very fine operation. And I think he's going to be opening one at Broad and Erie.

That may hold up the suspension until I get one in the 1st. Just joking. Any other questions?

I have to chime in. I am fortunate enough to have two of Mr. Dawkins' facilities.

We'll have an investigation. (Laughter.)

Any other questions for 00054 BILL NO. 990423 these witnesses? Thank you and good luck to you, sir. The Clerk will read the title of the next bill.

We're going to skip ahead to Bill No. 990423, an Ordinance amending Section 2 of an ordinance Bill No. 980377 approved June 23, 1998, entitled "An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by relocating the southerly curb line of Rodman Street from 9th Street to 10th Street, under certain terms and conditions," therein

Good afternoon, Mr. Chairman, Members of the Committee. My name is Paul Lonie, and the Streets Department would like to offer the following testimony on Bill NO. 990423: This not an Administration Ordinance, but an ordinance requested by Mr. Max Berger, 929 South Street Associates. The original ordinance is to grant the legal authority to widen the southerly cartway of Rodman Street by four feet between 9th and 10th Street to facilitate easier access for delivery trucks to Whole Foods, the parent company of Fresh 00055 BILL NO. 990373 Fields, Incorporated. This is an extension of the time allowed to meet the conditions of that ordinance and this ordinance is supported by the Streets Department and is recommended to your Committee for favorable action.

Good afternoon. Mike tomorrow, Philadelphia City Planning Commission. The Philadelphia City Planning Commission recommends approval of this bill, and they did so at their meeting last year.

Mr. Berger, do you care to testify?

I have nothing further to add, but thank you for your consideration, Chairman and Honorable Council People. I would also request a waiver of the Rules.

Thank you. Any questions for these witnesses from the Committee? Anyone else here who wishes to testify for or against? Hearing none, the Clerk will read the title of the next bill.

Bill No. 990373, an 00056 BILL NO. 990373 Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 207 by striking from the City Plan and vacating 13th Street from Wagner Street southwardly to a SEPTA right-of-way and by striking from the City Plan Duncannon Avenue from Wagner Street to 13th Street, under certain terms and conditions.

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie. The Streets Department would like to offer the following testimony on Bill No. 990373: This is not an Administration Ordinance, but an ordinance requested by Reverend Harry B. Stewart, Fair Havens Baptist Church, 1250 Wagner Street. The purpose of this ordinance is to legally close 13th Street and allow an expansion of the grounds of Fair Havens Baptist Church day care facilities. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.

Good afternoon. My name is Mike Thompson. The City Planning Commission 00057 BILL NO. 990374 staff reviewed and tentatively approved this action on May 3rd of this year. The Philadelphia City Planning Commission will recommend approval at its meeting of June 17th.

Any questions for these witnesses from the Committee? Anyone else here who wishes to testify? Hearing none, the Clerk will read the title of the next bill.

Bill No. 990374, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 146 by striking from the City Plan and vacating Dyott Street from Richmond Street to the Pierhead Line of the Delaware River and by reserving and placing on the City Plan a right-of-way for drainage purposes and water main purposes within the lines of Dyott Street being stricken from the City Plan and vacated by this ordinance, under certain terms and conditions.

Good afternoon. My name is Mike Thompson, on behalf of the City Planning Commission. The Planning Commission staff recommended tabling this proposed City Plan change 00058 BILL NO. 990374 on September 21, 1998 in the absence of a development plan. It is not Planning Commission policy to strike and vacate legally open streets in the absence of a plan of development. Planning Commission staff did recommend that the Streets Department grant a temporary permit to close off the area in question with a fence to resolve the short dumping and security issues. Therefore, the Philadelphia City Planning Commission will recommend tabling Bill No. 990374 at its meeting of June 17th.

Good afternoon, Mr. Chairman, Members of the Committee. My name is Paul Lonie. The Street's Department would like to offer the following testimony on Bill No. 990374: This is not an Administration ordinance 17 but an ordinance requested by Mr. Robert Boothroyd of Municipal Consulting Group. The purpose of this ordinance is to eliminate years o short dumping in Dyott Street east of Beach Street and to redesigned the south curb line of Dyott Street between Beach Street and Richmond Street in order to accommodate a tractor trailer operation at Greenberg Building. This ordinance is supported by the 00059 BILL NO. 990374 Department of streets, but we will yield to the Planning Commission if they feel that there's a problem.

If I may add to the testimony. Mike Thompson, City Planning Commission. We did send a letter stating the Planning Commission's position about holding the bill until we had a development plan at which time we set up a meeting with the party at interest as well as Bob Boothroyd from Municipal Consulting Group. And when this bill was introduced, we called Municipal Consulting Group and explained to them that we had not received a development plan and we would make this recommendation to the Streets and Services Committee.

So that's the only reason for asking to hold the bill, because you have not seen a development plan? I'm familiar with this street. I understand it is a problem with short dumping. And I believe the gentleman who owns several properties -- his name escapes me at the moment-- did come to visit me about a year ago to see what we could do. We, meaning the City, to do to get that street stricken so that he could -- or 00060 BILL NO. 990375 revise the line so that they could more control over what goes on back there. But you're recommending you hold this? I haven't heard from anybody either.

We do believe that a temporary fencing permit would accomplish that goal, but we further believe, as you've mentioned, there is a large piece of property under this control and we at this point are not sure that we can strike the street.

Mr. Chairman, this grant also falls in an opportunity zone that I believe the Planning Commission and the Commerce Department were looking to develop, their concern that if the do close the street off, it would simply have to be reopened at a later time.

Okay, we'll hold it.

Thank you.

The Clerk will read the title of the next bill.

Bill No. 990375, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 146 by striking from the City Plan and vacating a variable width portion of the intersection of Beach Street, Dyott 00061 BILL NO. 990375 Street and Delaware Avenue and by reserving and placing on the City Plan a right-of-way for drainage purposes and water main purposes within the portions of Beach Street and Dyott Street being stricken from the City Plan and vacated by this ordinance, under certain terms and conditions.

Good afternoon, Mr. Chairman, Members of the Committee. My name is Paul Lonie. The Streets Department would like to offer the following testimony on Bill No. 990375: This is not an Administration Ordinance, but an ordinance requested by Mr. Robert Boothroyd of Municipal Consulting Group of 1732 Vista Street. The purpose of this ordinance is to expand parking for a tractor trailer operation and to smooth traffic flow on Beach Street, improve the intersection of Delaware Avenue, Beach Street and Dyott Street. This ordinance firmly supported by the Department of Streets and is recommended to you Committee for favorable action.

Good afternoon. Mike Thompson, the Philadelphia Planning Commission. The Philadelphia Planning Commission will recommend 00062 BILL NO. 990376 approval or this bill at its meeting of June 17.

Mr. Chairman, we'd also like to recommend a suspension of the Rules if at all possible.

Any questions?

Was the name identified as on whose behalf this bill is being introduced?

The party at interest was Mr. Robert Boothroyd of Municipal Consulting Group. That's an expediter.

He's an expediter. He's not the owner; he's working on behalf of the owner.

Isn't he the former --

Yes he's retired.

But he's no longer with he City?

No, he's retired.

Gone over a year or two.

Any other questions? The Clerk will read the title of the next bill.

Bill No. 990376, an 00063 BILL NO. 990376 Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 97 by striking from the City Plan Park Avenue from Catherine Street to the southerly line of Clymer Street produced, by striking from the City Plan Park Avenue from the northerly side of Clymer Street produced to Fitzwater Street, by striking from the City Plan and abandoning a certain 40 foot wide right-of-way reserved for drainage purposes, by striking from the City Plan and abandoning a certain foot wide 12 right-of-way reserved for drainage purposes, by 13 placing on the City Plan Juniper Street, Clymer 14 Street and Fawn Street, including the dedication to 15 the City, free and clear of any encumbrances, of the 16 beds of Juniper Street, Clymer Street and Fawn 17 Street; all under certain terms and conditions. 18

Good afternoon, Mr. Chairman 19 and Members of the Committee. My name is Paul 20 Lonie. The Streets Department would like to offer the following testimony on Bill No. 990376: This is not an Administration Ordinance, but an ordinance requested by Mr. Robert C. Totaro, Pennrose Properties, Incorporated, One Liberty Street, Suite 3810, Philadelphia. 00064 BILL NO. 990376 The purpose of this ordinance is to vacate Park Avenue and place several new streets between Broad and 12th Street from Catherine to Bainbridge Street to facilitate the development of 92 townhouse units, an expansion of the community center and the creation of a small community park. This ordinance is supported by the Department of Streets and is recommended to your Committee for a favorable action.

Good afternoon. My name is Mike Thompson, City Planning Commission. The purpose of this street bill is to assist the implementation of the Philadelphia Housing Authority's on-site phase of the Martin Luther King Hope Six Revitalization Plan. The affected property for this street change proposal which will require City Planning Commission's subdivision plan approval is owned by PHA. The Philadelphia City Planning Commission recommended approval of this bill at its meeting of June the 3rd.

Any questions for these witnesses? Anyone else here to testify for or 00065 BILL NO. 990380 against this bill? Hearing none, the Clerk read the title of the next bill.

Bill No. 990380, an Ordinance authorizing and directing the placing on ity Plan No. 308 of a certain right-of-way for drainage purposes, water main purposes and gas main purposes, feet wide and 15 feet wide, extending 10 southerly, easterly and westerly direction from the 11 southerly side of Waverly Street west of 10th 12 Street, under certain terms and conditions. 13

Good afternoon, Mr. 14 Chairman and Members of the Committee. My name is 15 Paul McCloskey. I represent the Water Department. 16 Bill No. 990380 authorizes the placement of a 17 T-shaped right-of-way on City Plan within the 18 confines of the 400 block of Alder Street and the 1000 Addison Street. Alder Street is an 18 feet wide and extends from the south side of Waverly Street to approximately mid point of Waverly Street between 10th and 11th and also parallel to it. It runs south ward approximately 62 feet and ends on the north side of the 1000 block of Addison. Addison is 00066 BILL NO. 990380 feet wide and tees off at Alder that dead ends approximately 75 feet east and west. It is parallel to Waverly Street. Alder Street and Addison Street are both private streets and have public sewer water mains and gas mains serving single-family townhouses. 8 The utilities replaced in the streets in 1893 are in 9 deteriorating condition. Immediate reconstruction 10 is necessary. In order to obtain permanent access 11 to reconstruct and maintain these City-owned 12 utilities, each property owner having frontage must 13 grant a right-of-way. This ordinance would 14 authorize the City to accept the right-of-way. 15 With the aid of Councilman DiCicco and his staff, we have obtained the community's unanimous support and the affected parties have signed all the agreements. Permitting agreements will be signed in the near future. We currently have prepared plans for the water and sewer work and intend to bid the contract in the near future. This, of course, is dependent upon the approval of the ordinance by the Committee and subsequent passage by the Whole of City Council. We recommend that this bill be favorable reported 00067 BILL NO. 990420 out Committee and given the First Reading at the next Session of Council.

Thank you. There were no 5 hold-outs, everyone did sign off.

Yes. The last one was supposed to show up this afternoon. He had to get his sister in San Fernando Valley.

Very good. Congratulations.

Thank you for your help.

Any questions from this Committee for these witnesses? Anyone else who wishes to testify? Hearing none, the Clerk will read the title of the next bill.

Bill No. 990420, an Ordinance authorizing the striking from City Plan No. 312 and vacating the legally open portions of James Street from Linden Avenue to Arendell Avenue and reserving and placing on the City Plan a certain right-of-way for drainage purposes, water main purposes and gas main purposes, under certain terms and conditions. 00068 BILL NO. 990420

Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie. Streets Department would like to offer the following testimony on Bill No. 990420: This is not an Administration ordinance, but this is an ordinance requested by the abutting property owners on James Street. The purpose of this ordinance to improve security in the area, eliminate short dumping, and improve the physical facilities of the street. This ordinance is supported by the Department of Streets and is recommended to your Committee with favorable action.

Good afternoon. My name is Mike Thompson, representing the Philadelphia City Planning Commission. The City Planning Commission will recommend approval of this bill at its meeting of June 17th.

Any questions for this witness? Hearing none, the Clerk will read the title of the next bill.

You want suspension of the Rules? 00069 BILL NO. 990424

Yes, I ask for a suspension of the Rules, or Councilwoman Krajewski will kill me.

Last bill. Bill No. 990424, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by relocating the northerly curb line of Commerce Street approximately three and one-half feet northwardly from 13th Street to Juniper Street, under certain terms and conditions.

Good afternoon, Mr. Chairman and Members of the Committee. My name Paul Lonie, and the Streets Department would like to offer the following testimony on Bill No. 990424: This is not an Administration ordinance, but an ordinance requested Mr. John Connors, vice president of the Brickstone Company, 701 Market street. The purpose of this ordinance is to grant the legal authority to relocate the northerly curb line of Commerce Street approximately 3.5 feet northwardly, in connection with the conversation of City Hall Annex to a 500 room Courtyard Hotel by Marriott. 00070 BILL NO. 990424 This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.

Good afternoon. My name is Mike Thompson, City Planning Commission. The Philadelphia City Planning Commission will recommend approval of this bill at its meeting of June the 17th. Thank you.

Suspension, Mr. Lonie?

Yes, please, suspension of the Rules.

Any questions for from this Committee? Anyone who wishes to testify for or against the bill? Hearing none, this concludes the public hearing on Streets and Services. We will now move into the public meeting. - - - 00071 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON PUBLIC STREETS AND SERVICES - - - Monday, June 14, 1999 - - - Public Meeting conducted by the Committee on Streets and Services, held in Room 401, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 990150, 990161, 990201, 990224, 990292, 990309, 990365, 990366, 990367, 990368, 990369, 990370, 990373, 990374, 990375, 990376, 990377, 990378, 990379, 990380, 990420, 990423, 990424 - - - PRESENT: COUNCILMAN FRANK DI CICCO, Chairman COUNCILMAN DARRELL CLARKE COUNCILMAN DAVID COHEN COUNCILWOMAN DONNA REED MILLER COUNCILMAN ANGEL L. ORTIZ COUNCILMAN FRANK RIZZO - - - 00072 DEPT. OF STREETS - PUBLIC MEETING

The Chair recognize Councilmember Cohen for a motion on Bill No. 990150.

Mr. Chairman, I move that Bill No. 990150 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Meeting. (Properly seconded.)

It has been properly moved and seconded that Bill No. 990150 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990161.

Mr. Chairman, I move that Bill No. 990161 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.) 00073 DEPT. OF STREETS - PUBLIC MEETING

It has been properly moved and seconded that Bill No. 990161 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990201.

Mr. Chairman, I move that Bill No. 990201 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990201 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved. 00074 DEPT. OF STREETS - PUBLIC MEETING Bill No. 990224 is being held.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990292.

Mr. Chairman, I move that Bill No. 990292 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990292 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990309.

Mr. Chairman, I move that Bill No. 990309 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. 00075 DEPT. OF STREETS - PUBLIC MEETING (Duly seconded.)

It has been properly moved and seconded that Bill No. 990309 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990360.

Mr. Chairman, I move that Bill No. 990360 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990360 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. 00076 DEPT. OF STREETS - PUBLIC MEETING The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990365.

Mr. Chairman, I move that Bill No. 990365 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990365 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990366.

Mr. Chairman, I move that Bill No. 990366 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. 00077 DEPT. OF STREETS - PUBLIC MEETING (Duly seconded.)

It has been properly moved and seconded that Bill No. 990366 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990367.

Mr. Chairman, I move that Bill No. 990367 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990367 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. 00078 DEPT. OF STREETS - PUBLIC MEETING The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990368.

Mr. Chairman, I move that Bill No. 990368 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990368 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990369.

Mr. Chairman, I move that Bill No. 990369 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. 00079 DEPT. OF STREETS - PUBLIC MEETING (Duly seconded.)

It has been properly moved and seconded that Bill No. 990369 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990370.

Mr. Chairman, I move that Bill No. 990370 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990370 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. 00080 DEPT. OF STREETS - PUBLIC MEETING The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990373.

Mr. Chairman, I move that Bill No. 990373 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990373 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved. Bill No. 990374 is being held at the request of the sponsor.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990375.

Mr. Chairman, I move that Bill No. 990375 be reported out with a favorable recommendation and with a request for 00081 DEPT. OF STREETS - PUBLIC MEETING suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990375 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990376.

Mr. Chairman, I move that Bill No. 990376 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990376 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify 00082 DEPT. OF STREETS - PUBLIC MEETING by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990377.

Mr. Chairman, I move that Bill No. 990377 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990377 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990378.

Mr. Chairman, I move that Bill No. 990378 be reported out with a favorable recommendation and with a request for 00083 DEPT. OF STREETS - PUBLIC MEETING suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990378 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990379.

Mr. Chairman, I move that Bill No. 990379 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990379 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify 00084 DEPT. OF STREETS - PUBLIC MEETING by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990380.

Mr. Chairman, I move that Bill No. 990380 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990380 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990420.

Mr. Chairman, I move that Bill No. 990420 be reported out with a favorable recommendation and with a request for 00085 DEPT. OF STREETS - PUBLIC MEETING suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990420 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990423.

Mr. Chairman, I move that Bill No. 990423 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990423 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify 00086 DEPT. OF STREETS - PUBLIC MEETING by saying aye. Those opposed say nay. The Bill is approved.

The Chair recognize Councilmember Cohen for a motion on Bill No. 990424.

Mr. Chairman, I move that Bill No. 990424 be reported out with a favorable recommendation and with a request for suspension of Rules to permit First Reading at the next Council Session. (Duly seconded.)

It has been properly moved and seconded that Bill No. 990424 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor of the bill, signify by saying aye. Those opposed say nay. The Bill is approved. This concludes the Public Meeting of the Committee of Streets and Services. I want to thank my Committee Members for staying with me today. Thank you. (City Council adjourned at 3:45 p.m.) 00087 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of June 14, 1999, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON STREETS AND SERVICES ___________________________ Lisa C. Bradley, RPR and Notary Public