COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 10, 2009 9:25 a.m. - - - PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR. COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER BILLS 090747, 090771, 090772, 090809, 090810, 090844, 090875, 090876 and 090877 - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 COUNCILMAN DiCICCO: Good morning, everyone. Thank you for your patience. This is the Committee on Streets and Services. We are now in session. We do have a quorum. To my far right is Councilwoman Donna Reed Miller. To my immediate right is Councilwoman Maria Quinones-Sanchez, and to my immediate left is Councilman Greenlee. I would ask Mr. Abernathy to read the title of the first bill.
Bill No. 090876, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 307 by striking from the City Plan and vacating Cherry Street from Broad Street to Carlisle Street and by reserving and placing on the City Plan a right-of-way for drainage purposes, water main purposes, gas main purposes and public utility purposes within the lines of Cherry Street being stricken from the City Plan and vacated under authority of this Ordinance, under certain terms and 3 12/10/09 - STREETS - BILL 090747, etc. conditions. (Witnesses approached witness table.) COUNCILMAN DiCICCO: Good morning, gentlemen. Please identify yourself for the record and proceed with your testimony.
Good morning, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager from the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill 15 No. 090876. This is not an administrative ordinance, but an ordinance requested by Mr. John Howard of Becker and Frondorf, 1500 Walnut Street, Philadelphia, PA on behalf of the Pennsylvania Academy of the Fine Arts. The purpose of this ordinance 23 is to strike from the City Plan and vacate the legally open portions of Cherry Street from Broad Street to 4 12/10/09 - STREETS - BILL 090747, etc. Carlisle Street and to reserve and place on the City Plan a right-of-way for drainage purposes, water main purposes, gas main purposes and public utility purposes. This action will facilitate the construction of a pedestrian plaza between the Academy's existing buildings on the southwest and northwest corners of Broad and Cherry Streets. At this time, I would like to offer two amendments: Amending Section 2 of the ordinance by extending the time of compliance from one to two years. Amending Section 2(d) of the ordinance to include access at all times for the public pedestrian walkway. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action. COUNCILMAN DiCICCO: Thank you. Good morning.
Good morning, Chairman DiCicco and members of the 5 12/10/09 - STREETS - BILL 090747, etc. Streets and Services Committee. I am William Erickson, a city planner with the Development Planning Division of the Philadelphia Planning Commission. I am here to testify on Bill 090876, which was introduced by Councilman Clarke on December 3rd, 2009. This ordinance will strike and vacate Cherry Street west of Broad Street to Carlisle Street to allow for the construction of a pedestrian plaza. The purpose of this bill is to allow the Philadelphia Academy of the Fine Arts to occupy the plaza and create a campus-type atmosphere between their two buildings. The Planning Commission reviewed and approved this action at its meeting of December 8, 2009. Therefore, the Planning Commission recommends that Bill 090876 be approved. And we have no 22 objections to the amendments either. COUNCILMAN DiCICCO: Thank you. Let the record reflect that Councilman Jones, who is a member of this 6 12/10/09 - STREETS - BILL 090747, etc. committee, is also present, and Councilman Goode is in the Chambers as well. Any questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Is there anyone else here to testify on this? Yes, sir. Please come around and have a seat at the table, please. (Witnesses approached witness table.) COUNCILMAN DiCICCO: Good morning. Please identify yourself for the record and proceed with your testimony.
My name is Edward T. Lewis and I'm President of the Pennsylvania Academy of the Fine Arts. COUNCILMAN DiCICCO: Do you have testimony, sir?
First of all, let 7 12/10/09 - STREETS - BILL 090747, etc. me thank the Council for considering this ordinance for the closing of Cherry Street. It will set the stage certainly for the development of the plaza, which will be directly across the street from the Convention Center. I'd like to very briefly, because I know you have a full agenda, talk about the components of this public plaza. First of all, it will be designed by Olin Partnership, one of the foremost landscape architects in the country. It will have a sculpture garden and will have changing curated exhibitions in that garden. It will have a commissioned outside sculpture by a major American artist. And think of Clothespin, for example, by Claes Oldenburg as an example and you would be very close to what we're thinking of. And, finally, it would have a first-rate restaurant housed in the ground floor of the Hamilton Building, 8 12/10/09 - STREETS - BILL 090747, etc. which is the building as you see in both those images on the right. And, finally, it would have other features to enhance the sense that this is truly a public gathering place, and we think this is very important. The plaza itself would be a link to the Museum Mile and it is only a five- to six-minute walk to that extraordinary array of museums on the Museum Mile. Perhaps even more importantly, it is the first impression that a million conventioneers a year, as they walk out the front door of the Convention Center, will have of Philadelphia. Their sense will be that it's safe, it's welcoming, it's walkable, and most of all, right across the street, it has a very good restaurant. From the beginning, we have included experts and we have asked for the opinion of our neighbors. We have had no neighbors that were opposed to the project, and both the Parkway Corporation 9 12/10/09 - STREETS - BILL 090747, etc. and the Logan Square Neighborhood Association have both written letters of support for it. So we're very excited by this project and we think that it can transform a very important piece of North Broad directly across the street from the Convention Center. COUNCILMAN DiCICCO: Thank you. I'm a little bit excited about it myself even though it's not in my district, it's across the street.
Thank you very much. COUNCILMAN DiCICCO: But it has that European flavor.
It does. COUNCILMAN DiCICCO: And we should do more of what the Europeans do in terms of our public space. Thank you. Do you have any --
No. I'm counsel to the Academy. Fred Strober. And I just want to mention this has been a very 10 12/10/09 - STREETS - BILL 090747, etc. cooperative effort among the Streets Department, City Planning Commission, the Academy and the Mayor's Office in making this happen. COUNCILMAN DiCICCO: Well, we appreciate it, and we appreciate your investment on North Broad Street and wish you much success.
Thank you very much. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Seeing none, thank you. Brian, are we going to do 747 next? I'll read it.
Bill No. 090877, an ordinance amending Section 9-203 of The Philadelphia Code, entitled "Street Vendors," and Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting street and 11 12/10/09 - STREETS - BILL 090747, etc. sidewalk vending within the area bounded by Broad Street, Oxford Street, 13th Street and Jefferson Street, including both sides of any street bounding this area; all under certain terms and conditions. COUNCILMAN DiCICCO: Mr. Haigler. (Witness approached witness table.) COUNCILMAN DiCICCO: You spend a lot of time here, Mr. Haigler.
Yes. Good morning, Chairman DiCicco and members of the Committee. I'm Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. With regard to the bill that was just read into the record, the Department offers no objections to the bill. I've been made aware that there is an amendment for this bill, and I've looked at the amendment. There is no 12 12/10/09 - STREETS - BILL 090747, etc. objections to the amendment as well. All it is is a technical amendment to indicate that the only section that needed to be amended was Section 9-205 of The Philadelphia Code, and it was offered by the Law Department, so we have no 8 objections. COUNCILMAN DiCICCO: Very good. Thank you. Any questions for Mr. Haigler from this committee? (No response.) COUNCILMAN DiCICCO: Is there anyone else here to testify on this bill? (No response.) COUNCILMAN DiCICCO: Seeing none.
Bill No. 090809, an ordinance authorizing Brandywine Cira Post Office L.P. to construct, own and maintain various encroachments at 2970 Market Street, all under certain terms and conditions. (Witness approached witness 13 12/10/09 - STREETS - BILL 090747, etc. table.)
Good morning, Chairman and members of the Committee. My name is Robert Black and I'm a construction engineer with the Streets Department. I am here to offer the following testimony for amended Bill No. 9 090809. The encroachment described in Section 1 of the ordinance will leave a minimum of five feet of clear pedestrian traffic throughout the perimeter of the building. At this time, I offer up a proposed amendment. COUNCILMAN DiCICCO: That amendment has been circulated?
The Streets Department has reviewed the proposed plans for this project and it's supported by the Streets Department and is 14 12/10/09 - STREETS - BILL 090747, etc. recommended to your committee for favorable action. COUNCILMAN DiCICCO: Thank you. Any questions? (No response.) COUNCILMAN DiCICCO: Seeing none, anyone else here to testify on this bill? (No response.) COUNCILMAN DiCICCO: Thank you, Mr. Black. Darwin, are you testifying? No. Okay. Mr. Abernathy will read the title of the next several bills, and if there's anyone who wants to testify after he completes reading them, please come to the witness table. Thank you.
Bill No. 090747, an ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Markets," by adding as a permissible location the west side of North 12th Street from Cuthbert Street to Arch 15 12/10/09 - STREETS - BILL 090747, etc. Street, all under certain terms and conditions. Bill No. 090771, an ordinance 5 authorizing the University City Science Center to construct, own and maintain twenty benches, twenty-three trash receptacles, and nine bike racks on the north and south footway of Market Street, from 34th Street to 41st Street, all under certain terms and conditions. Bill No. 090772, an ordinance 13 authorizing Nicole and Daniel Dizio, owners of Wit or Witout Cheesesteaks, to construct, own and maintain one table, four chairs and one trash receptacle on the sidewalk located at 7352 Frankford Avenue, under certain terms and conditions. Bill No. 090810, an ordinance 21 authorizing the People's Emergency Center to construct, own and maintain one bench and one parking sign on the north and south footway of Lancaster Avenue, between 40th Street and 41st Street, and 16 12/10/09 - STREETS - BILL 090747, etc. one sculpture pedestal and three planters on the traffic island at the intersection of 40th Street, Lancaster Avenue and Haverford Avenue, all under certain terms and conditions. Bill No. 090844, an ordinance 8 authorizing Joseph Vento, owner of Geno's Steaks, Incorporated, to legalize various existing sidewalk encroachments located on a triangular parcel bounded on two sides by Ninth Street and East Passyunk Avenue, also known as 1219 South Ninth Street. Bill No. 090875, an ordinance 16 amending Section 9-206 of The Philadelphia Code, entitled "Sidewalk Vendors in Neighborhood Business Districts," by expanding the Oregon Avenue Business Corridor District to include both sides of Front Street from Oregon Avenue to Pattison Avenue, by authorizing an additional vending location within that district, and by making technical amendments; all under 17 12/10/09 - STREETS - BILL 090747, etc. certain terms and conditions. COUNCILMAN DiCICCO: Thank you. Any questions? (No response.) COUNCILMAN DiCICCO: Is anyone to testify on any of the bills that have just been read into the record? (No response.) COUNCILMAN DiCICCO: We do have copies of testimony for each of the bills that have just been read into the record. They will be submitted to be made part of the complete record of this committee. Is there anyone who wishes to testify on any of these bills? (No response.) COUNCILMAN DiCICCO: Seeing none, this concludes the public hearing on the Committee of Streets and Services. We will now go into the public meeting. The Chair recognizes Councilwoman Sanchez.
Thank you, Chair. I move that Bill 090809 be 18 12/10/09 - STREETS - BILL 090747, etc. amended as presented. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved that the amendment to Bill 6 No. 090809 be approved. All in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The Chair recognizes Councilwoman Sanchez.
I move that Bill 090809 be moved out of committee, as amended, and that the rules of Council be suspended to allow first reading in our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 23 090809, as amended, be reported out of this committee with a favorable recommendation, that the rules of Council 19 12/10/09 - STREETS - BILL 090747, etc. be suspended. All those in favor? (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 9 is approved. Councilwoman Sanchez.
I move that Bill 090876 be amended. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that the amendment to Bill No. 090876 be approved. All in favor? (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. Councilwoman Sanchez.
I move 20 12/10/09 - STREETS - BILL 090747, etc. that Bill 090876 be approved, as amended, and be moved out of committee with a favorable recommendation and that the rules of Council be suspended to allow first hearing at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 090876, as amended, be reported out of this committee with a favorable recommendation, that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 21 is approved. Councilwoman Sanchez.
I move for the approval of the amendment to Bill 25 090877. 21 12/10/09 - STREETS - BILL 090747, etc. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that the amendment to Bill 090877 be approved. All in favor? (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The amendment is approved. Councilwoman Sanchez.
I move that Bill 090877 be approved, as amended, and be moved out of this committee and rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 090877, as amended, be reported out of this committee with a favorable recommendation, that the rules of Council be suspended. 22 12/10/09 - STREETS - BILL 090747, etc. All in favor? (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 8 is approved. Councilwoman Sanchez.
I move that Bill 090747, Bill 090771, 090772, 090810, 090844, 090875 be moved out of committee with a favorable recommendation and that the rules of Council be suspended to allow first reading at our next public session. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that the bills that have just been read into the record be approved and that the rules of Council be suspended so as to permit first reading on all of the bills at our next session of City Council. All those in favor? 23 12/10/09 - STREETS - BILL 090747, etc. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: All the bills have been approved. Thank you. This concludes the Committee on Streets and Services. (Committee on Streets and Services concluded at 9:40 a.m.) - - - 24 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on December 10, 2009, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)