COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE COUNCIL COMMITTEE ON STREETS AND SERVICES - - - Room 696, City Hall Philadelphia, Pennsylvania Wednesday, 4/24/02, 2:14 p.m. - - - BILL 010277 - Authorizing rev. of lines and grades... BILL 020122 - Withdrawn at request of sponsor. BILL 020143 - Authorizing rev. of lines and grades... BILL 020147 - No-parking reg - 5900 block No. 7th St. BILL 020148 - No-parking reg - 700 block Champlost. BILL 020149 - " " " Limekiln Pike. BILL 020151 - Re vending on 17th Street. BILL 020167 - Re 801 Market Street Holdings, LLC. BILL 020168 - " " " " " " BILL 020169 - Re sidewalk vendors on Callowhill... BILL 020184 - Authorizing rev. of lines and grades... BILL 020185 - " paving of Marvine Street... BILL 020199 - Striking from City Plan No. 17-S... BILL 020200 - Griffith Street regulation of traffic. BILL 020204 - Authorizing Project H.O.M.E. to... BILL 020224 - Deck extension authorization. BILL 020230 - Authorizing the Phila. Orchestra to... BILL 020499 - Held. COUNCILMEMBERS PRESENT: Frank DiCicco, Chair Donna Reed Miller Darrell L. Clarke Frank Rizzo Richard T. Mariano - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 4/24/02 STREETS & SERVICES COMMITTEE INDEX WITNESS BILL 020147 Charles Denny, Traffic Engineer, Streets Dept. BILL 020148 Charles Denny, Traffic Engineer, Streets Dept. BILL 020149 Charles Denny, Traffic Engineer, Streets Dept. BILL 020200 Charles Denny, Traffic Engineer, Streets Dept. BILL 020167 Nancy Sen, Engineering Supervisor, Streets Dept. Jerome R. Balka, Esq., counsel to United Vendors BILL 020168 Nancy Sen, Engineering Supervisor, Streets Dept. Jerome R. Balka, Esq., counsel to United Vendors BILL 020204 Nancy Sen, Engineering Supervisor, Streets Dept. 14 BILL 020224 Nancy Sen, Engineering Supervisor, Streets Dept. 16 BILL 020230 Nancy Sen, Engineering Supervisor, Streets Dept. 17 BILL 010277 18 Paul Lonie, Survey Bureau Manager, Streets..... Martin Soffer, Planning Commission............. BILL 020143 Paul Lonie, Survey Bureau Manager, Streets..... 26 Martin Soffer, Planning Commission............. 26 BILL 020184 Paul Lonie, Survey Bureau Manager, Streets..... 28 Martin Soffer, Planning Commission............. 29 BILL 020185 Paul Lonie, Survey Bureau Manager, Streets..... 31 3 4/24/02 STREETS & SERVICES COMMITTEE INDEX WITNESS BILL 020199 Paul Lonie, Survey Bureau Manager, Streets..... 32 BILL 020151 Otis Haigler, L&I Legislative Affairs......... 34 Jerome R. Balka, Esq., Counsel to United Vendors 35 Thomas P. Witt, Esq., Counsel for Liberty Trust 41 BILL 020169 Otis Haigler, L&I Legislative Affairs.......... 42 Jerome R. Balka, Esq., Counsel to United Vendors 46 * * * 4 4/24/02 STREETS & SERVICES - BILL 020122
Good afternoon. I'd like everyone's attention, if I may. This is the Committee of Streets and Services. In attendance today are Councilmembers Donna Reed Miller, Frank Rizzo, Darrell Clarke, Angel Ortiz, and myself, Councilman DiCicco. Bill No. 020122 is withdrawn at the request of the sponsor. The clerk will read the title of the first bill.
Bill 020147, an ordinance 13 establishing a no-parking regulation on the 5900 block of North Seventh Street. (Witness comes forward.)
Good afternoon, Mr. Chairman and committee members. My name is Charles Denny and I'm the assistant chief traffic engineer and I am here to testify on Bill No. 020147. The Streets Department supports this bill. We posted this regulation on March 14, 2002, and we have not heard any negative reports from the neighborhood.
Any questions for this witness? 5 4/24/02 STREETS & SERVICES - BILL 020122 (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, seeing none, the clerk will read the title of the next bill.
Bill 020148, an ordinance 9 establishing a no-parking regulation on Limekiln Pike between 68th Avenue and Wyncote Avenue.
Good afternoon, Mr. Chairman and committee members. Again, my name is Charles Denny. The Streets Department supports this bill. We posted this bill on January 31, 2002, and we have not heard any negative reports from the neighborhood.
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 6 4/24/02 STREETS AND SERVICES - BILL 020149
Bill No. 020149, an ordinance 3 establishing a no-parking regulation on the 700 block of Champlost Avenue.
Good afternoon again. The Streets Department supports this bill. We posted this regulation on March 14, 2002, and we have not heard any negative reports from the neighborhood.
Thank you. Any questions for this witness? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 7 4/24/02 STREETS & SERVICES - BILL 020200
Bill No. 020200, an ordinance 3 regulating the direction of the movement of traffic on Griffith Street from Large Street to Castor Avenue.
Good afternoon again. The Streets Department also supports this bill. We posted this regulation on December 15, 2001, and we have not heard any negative reports from the neighborhood.
Thank you. Any questions for this witness? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. And thank you for your testimony.
You're welcome. - - - 8 4/24/02 STREETS & SERVICES - BILL 020167
Bill No. 020167, an ordinance 3 authorizing 801 Market Street Holdings, LLC, owners of the property 801 Market Street, Philadelphia, PA 19107, to construct, use, own, and maintain two private pedestrian light posts with underground appurtenances and conduit in, on, and under the west footway of Eighth Street adjacent to the property of 801 Market Street and one concrete-encased duct bank within the public right-of-way to supply electrical services to the property 801 Market Street, all under certain terms and conditions.
Good afternoon, Chairman and members of the committee. My name is Nancy Sen, I'm an engineering supervisor for the Streets Department. I'm here to testify on Bill No. 020167. This bill authorizes 801 Market Street Holdings LLC, owner of the Strawbridge's building, to construct, own, and maintain the following encroachments on the west footway of South Eighth Street adjacent to their property: two private aluminum pedestrian light posts; one 2-inch-diameter conduit providing electrical service to feed the pedestrian light posts; 9 4/24/02 STREETS & SERVICES - BILL 020167 and one concrete-encased duct bank with two 5-inch-diameter conduits providing an electric service connection to the building. All encroachments leave adequate width and vertical clearance of unobstructed footway; therefore, the Streets Department has no objection to the passage of this bill.
I have a question. I assume that these light posts are going to be installed on the Eighth Street -- near the Eighth Street entrance, which is about midway between Filbert and Market?
Yes, and they're going to feed into the building. The conduit and the electrical will be metered inside the building.
Yes, and they had worked, you know, talked to the Streets Department. There are certain parameters we want to make sure, you know, that they maintain, but it's for pedestrian lighting, not for street lighting.
And the area, because 10 4/24/02 STREETS & SERVICES - BILL 020167 it's going to come up in another bill concerning the vendors, the area where the light fixtures are being installed, is that an area where there's presently a vendor? Do you know?
I believe there is. The project management company that was working on this project, I believe it's the bollard that are -- that might be in the way of where the vendor is, not these particular items.
Anyone else here who would like to testify on this bill?
Please come up to the witness table and identify yourself. (Witness comes forward.)
My name's Jerry Balka, and I'm counsel to United Vendors. We have people working on 11 4/24/02 STREETS & SERVICES - BILL 020167 Eighth Street. And with respect to this bill which deals with --
-- concerning -- the owners of 801 Market Street are asking for approvals to install light fixtures and planters. I mean, that's the bills we're dealing with now. We're not dealing with Bill No. ...
I understand that, Chairman DiCicco. My question -- you got me confused there for a minute.
My question is, do these light fixtures and conduits interfere with the location of the existing vendors?
That's the same question I'm asking, and apparently, there are bollards already in that location?
I don't have the plans in front of me, but just from memory, I believe the lighting was meant to be concentrated right at the entrance, 12 4/24/02 STREETS & SERVICES - BILL 020167 and I thought the vendor was operating --
It may have an effect on the other bills; we may have issues, obviously, on the other bills, but not as it relates to the light fixtures.
It would help, I think, all of us, including the committee, if we could view a plan of where these fixtures were going to go so that we could relate it to where they --
I agree. Is there anyone here from L&I -- Mr. Haigler or anybody -- that has a footprint? No? Okay, we can get that.
I have a record copy back in my office and I could send you a copy.
If you could fax it to me, I'll fax it to the attorney. 13 4/24/02 STREETS & SERVICES - BILL 020167
Hearing none, the clerk will read the title of the next bill.
Bill No. 020168, an ordinance 9 authorizing 801 Market Street Holdings LLC, owners of the property 801 Market Street, Philadelphia, PA, 19017, to construct, own, and maintain four concrete planters and three steel-pipe bollards on the west footway of Eighth Street, adjacent to the property 801 Market Street, all under certain terms and conditions.
Again, my name is Nancy Sen and I'm an engineering supervisor for the Streets Department, here to testify on Bill No. 020168. This bill authorizes 801 Market Street Holdings, owner of the Strawbridge's building, to construct, own, and maintain the following encroachments on the west footway of South Eighth Street, adjacent to the property 801 Market Street: Four concrete planters and three steel-pipe. All encroachments leave adequate width and clearance and vertical clearance of unobstructed 14 4/24/02 STREETS & SERVICES - BILL 020168 footway; therefore, the Streets Department has no 3 objection to the passage of the bill.
And, again, I think a footprint or some sort of design would be helpful when we look at this and discuss the other issue concerning the vendors.
I would like to, you know, get the plans out and look at it. I had understood from our inspections staff that went out there to take a look at it that the vendor was operating north of where the end of the bollards and the planters, the pattern they're setting up on Eighth Street but, you know, as we planned, if I'd send you a set of the blueprint, that you could make that determination, that would be the best way to go?
If we make a determination that it will displace the existing vendors -- and by the way, we need at least ten feet between -- maybe ten to twelve feet between the bollards and planters 15 4/24/02 STREETS & SERVICES - BILL 020168 for a vendor cart.
No, a cart, a food cart or a merchandise cart. You know, removable from the --
It's not a stationary cart. But we need that space in order to get the vending unit on the sidewalk and to operate there. And if they'll space whatever they're doing far enough apart so that we can do that, we don't have any problem with it, but we can't tell.
That may be a possibility but, obviously, all three bills -- 167, 168, and 169 -- are interrelated to some extent as to whether or not they will prevent or have to cause relocation of the vendors there are there today. And until we see that actual plan of the sidewalk, I think it's really difficult for any of us to answer that accurately. I know I'm not in a position to answer that.
And my last question is directed to the previous witness. What's the purpose 16 4/24/02 STREETS & SERVICES - BILL 020168 of all of this? Why?
Well, I'm not the owner of 801, but I guess they want to beautify the sidewalk and make it a very exciting entrance into the building. They own the building, and I think that's what they want to do. Again, I don't know that because they told me that, but I would assume that's it because I just did it with a triplex that my two sons and I developed; we made a very attractive sidewalk now. We planted trees and --
No, 'cause there aren't any vendors permitted there -- or I don't want the vendors that would put up bollards.
We obviously don't have all of the answers, but we understand what the issues are and what the request and intent is, and that may help us deal with Bill 169 -- it may or may not, I don't know, but I think it gives us a better understanding as to --
Is it my understanding that you will not -- 17 4/24/02 STREETS & SERVICES - BILL 020168
We will hold Bill 169 until we have that information, and then I will be more than willing to go through that process that I always talk about and see if there's a way in which we can all possibly live together. I don't know what the answer is to that until we go through that process.
Thank you. (Councilman DiCicco confers off the record with staff.)
I apologize. It will concern Bill No. 020049; that will be the bill that I'm going to hold, that we will hold, not Bill No. 14 020169. We won't that; we will go forward with that.
Yeah, 168 is the planters and the bollards and 167 is the lights.
169 is a bill that is sponsored by Councilman Clarke. That's the --
020167, 020168. I would hold Bill No. 020049, which is the vending bill, 18 4/24/02 STREETS & SERVICES - BILL 020168 for a lack of a better way
Will you hold 167 and 168 until we look at the plan? That's the one we just were talking about.
Right, we will do that as well, but I wanted to get their testimony in so that they don't have to come back.
Bill No. 020204, an ordinance 15 authorizing Project H.O.M.E., 1515 Fairmount Avenue, Philadelphia, PA, 19130, owner of the property 1922 through 1942 Judson Street, Philadelphia, PA, 19121, to construct and maintain a metal marquee with electrified icon letter sign attached to the building and projecting over the west footway of Judson Street, all under certain terms and conditions.
Again, my name is Nancy Sen, and I'm an engineering supervisor for the Streets Department, here to testify on Bill No. 020204 on behalf of the Department. 19 4/24/02 STREETS & SERVICES - BILL 020204 This bill authorizes Project H.O.M.E., owners of the property at 1922 through 1942 Judson Street, to construct and maintain a marquee with an electrified icon side above the west footway of Judson Street south of Norris Street. This marquee is a part of a proposed new building to be constructed to house the Hanekman (ph) Roberts Learning Center. The Streets Department has reviewed plans for this metal marquee structure and has no objection to the passage of the bill.
Thank you. Any questions for this witness? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 20 4/24/02 STREETS & SERVICES - BILL 020224
Bill No. 020224, an ordinance 3 authorizing Richard J. Dennin, Jr. and Cheryl Dennin, owners of the property 6605 Kindred Street, Philadelphia, PA, 19149, to construct, use, and maintain a wooden deck extension to support columns on and over the east footway of Kindred Street, adjacent to the property 6605 Kindred Street, all under certain terms and conditions.
Again, my name is Nancy Sen and I'm here to testify on Bill No. 020224 on behalf of the Streets Department. This bill authorizes Mr. Richard J. Dennin, Jr. and Cheryl Dennin to construct and maintain a decks extension projecting into the east footway of Kindred from the front their of two-story rowhouse property known as 6605 Kindred Street. The Streets Department has reviewed plans for this deck. The deck will leave a clear footway width of approximately 6-feet-2 inches. This encroachment leaves adequate width and clearance of unobstructed footway. Therefore, the Streets has no 23 objection to the passage of the bill.
Thank you. Any questions for this witness? 21 4/24/02 STREETS & SERVICES - BILL 020224 (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - -
Bill No. 020230, an ordinance 10 authorizing the Philadelphia Orchestra Association, a tenant of the property 260 South Broad Street, Philadelphia, PA, 19102, to construct, own, and maintain underground conduit and private telecommunications facilities under the right-of-way of Bach Place between the properties 1420 Locust Street and 260 South Broad Street, all under certain terms and conditions.
Again, my name is Nancy Sen and I'm here to testify on Bill No. 020230 on behalf of the Streets Department. This bill authorizes the Philadelphia Orchestra to construct and maintain a private telecommunications conduit in the right-of-way of Bach Place. The telecommunications conduit will connect the Academy via the Academy House building and 260 22 4/24/02 STREETS & SERVICES - BILL 020230 South Broad Street where the orchestra maintains offices. The encroachment descriptions are as follows: A 4-inch PVC conduit running near the rear of the Academy House into the north footway of Bach Place, the conduits to be installed with approximately three feet of cover. The Streets Department has reviewed the preliminary plans for this project and has no 10 objection to the passage of the bill.
Thank you. Any questions for this witness? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 23 4/24/02 STREETS & SERVICES - BILL 010277
Bill No. 010277, an ordinance 3 amending Section 2 of an ordinance, Bill No. 970818 (approved April 13, 1998), entitled "An ordinance 5 authorizing and directing the revision of lines and grades on a portion of City Plan No. 58 by placing on the City Plan Parrish Street from Ninth Street to 12th Street, Brown Street from Tenth Street to 12th Street, Marvine Street from Fairmount Avenue to Brown Street, Warnock Street from Fairmount Avenue to a dead-end turnaround north of Brown Street, and Reno Place from Percy Street westwardly to a dead-end turnaround, all under certain terms and conditions, including the dedication to the City, free and clear of all encumbrances, of the beds of the streets being placed on the City Plan by this ordinance," by extending the time for compliance with the conditions stated therein. (Witnesses come forward.)
Good morning, Mr. Chairman and members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department would like to offer the following testimony on Bill No. 010277. First of all, on behalf of Councilman 24 4/24/02 STREETS & SERVICES - BILL 010277 Clarke, I'd like to offer an amendment to the bill.
And that's amending Section 2. Where it states in the bill "by April 13, 2002," that should read "April 13, 2003." That's the only amendment to this bill. This is not an administration ordinance 9 but an ordinance requested by Mr. Cardell Blue of the Philadelphia Housing Authority. The purpose of this ordinance is to extend the time period of an ordinance 12 approved April 13, 1998. The purpose of that ordinance was to grant the Authority to place on the City Plan five streets to facilitate residential development. This ordinance, as amended is, supported by the Streets Department and is recommended to your committee for favorable action.
Good afternoon, Chairman and members of the committee. My name is Martin Soffer, and I'm testifying on behalf of the Planning Commission. The City Planning Commission tentatively approved a preliminary plat of subdivision allowing for the modernization and/or new construction of 368 25 4/24/02 STREETS & SERVICES - BILL 010277 dwelling units on May 23, 1996. Likewise, the Planning Commissioner approved this bill authorizing the (indiscernible) of lines and grades at its meeting on January 15, 1998. Therefore, the Planning Commission recommends approval for Bill No. 970818.
Thank you. Any questions for this witness? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 4/24/02 STREETS & SERVICES - BILL 020143
Bill No. 020143, an ordinance 3 authorizing the revision of lines and grades on a portion of City Plan No. 271 by widening a portion of Olive Street from Fourth Street to a point approximately 51 feet westwardly therefrom, under certain terms and conditions, including the dedication to the City free and clear of encumbrances of the widened portion of Olive Street.
Good afternoon, Mr. Chairman and members of the Committee. My name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020143. This is not an administration ordinance 16 but an ordinance requested by Ronald Patterson of Clair Harrison, 260 South Broad Street, and represents RGV Builders. The purpose of this ordinance is to legally widen Olive Street for better ingress and egress for a new housing development. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Good afternoon, Chairman and members of the committee. Again, my name is Martin 27 4/24/02 STREETS & SERVICES - BILL 020143 Soffer. The City Planning Commission approved the Streets bill at its meeting of March 20, 2000. Therefore, the Planning Commission recommends that Bill No. 020143 be approved. Thank you.
Thank you. Are there any questions for these witnesses from the Committee? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 28 4/24/02 STREETS & SERVICES - BILL 020184
Bill No. 020184, an ordinance 3 authorizing the revision of lines and grades on a portion of City Plan No. 119 by placing on the City Plan Marvine Street from Poplar Street to Harper Street, Cambridge Street from Percy Street to 11th Street and George Street from Percy Street to Tenth Street by widening Percy street 4-feet-6-inches on the westerly side between Poplar Street and Harper Street and striking from the City Plan and abandoning two rights-of-way for drainage purposes, under certain terms and conditions, including the dedication to the City free and clear of all encumbrances of the beds of Marvin Street, Cambridge Street, George Street, and the widened portion of Percy Street.
Good afternoon, Mr. Chairman and members of the Committee. Again, my name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020184. This is not an administration ordinance 22 but an ordinance requested by Mr. John Gibbons of (indiscernible) who represents the Philadelphia Housing Authority. The purpose of this ordinance is to place Marvine Street, Cambridge Street, and George 29 4/24/02 STREETS & SERVICES - BILL 020184 Street on the City Plan, and to widen Percy Street to facilitate the development of Cambridge Plaza. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Good afternoon, Chairman and members of the committee. My name is Martin Soffer. The proposed street revisions will allow for the construction of 124 dwelling units. The development has been reviewed and approved by the Planning Commission on April 17, 2003 as part of consideration of a proposed subdivision. Therefore, the Planning Commission recommends approval of Bill 15 No. 020184. Thank you.
Thank you. Any questions for these witnesses from the committee? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. 30 4/24/02 STREETS & SERVICES - BILL 020184 - - - 31 4/24/02 STREETS & SERVICES - BILL 020184
Bill No. 020185, an ordinance 3 authorizing the paving of Marvine Street, Cambridge Street, and George Street, under certain terms and conditions.
Good afternoon, Mr. Chairman and members of the Committee. My name, again, is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020185. This is a companion bill to 020184 and authorizes the Department of Streets to enter into a contract to pave Marvine Street, Cambridge Street, and George Street. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Thank you. Any questions for this witness? (No questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Hearing none, the clerk will read the title of the next bill. - - - 32 4/24/02 STREETS & SERVICES - BILL 020199
Bill No. 020199, an ordinance 3 amending Section 2 of an ordinance, Bill No. 990366 (approved July 1, 1999), entitled "An ordinance 5 authorizing the striking from City Plan No. 17-S and abandoning of a certain right-of-way for gas main purposes and public utility services within the lines of former Annin Street extending from a 50-foot wide right-of-way at former 28th Street to 29th Street, under certain terms and conditions" by extending the period for compliance with the authorization conditions therein.
Good afternoon, Mr. Chairman and members of the Committee. Again, my name is Paul Lonie, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 020199. This is not an administration ordinance 19 but an ordinance requested by Rosa Food Products Company of Federal Street in Philadelphia. The purpose of this ordinance is to extend the time period to legally abandon a right-of-way in former Annin Street between former 28th and 29th Street to erect a new facility for Rosa Foods. This ordinance is supported by the 33 4/24/02 STREETS & SERVICES - BILL 020199 Department of Streets and is recommended to your committee for favorable action.
Thank you. Any questions for this witness of the committee? (No questions.)
Anyone else here who wishes to testify? (No response.)
So noted. Thank you. The clerk will read the title of the next bill. - - - 34 4/24/02 STREETS & SERVICES - BILL 020151
The next bill is Bill No. 3 020151, an ordinance amending an ordinance approved January 3, 1992 (Bill No. 1205-AA), which, pursuant to Subsection 9-204(8)(a) of the Philadelphia Code, which designates the locations in Center City at which vending is permitted by deleting all permitted vendor locations on the west side of 17th Street between Arch Street and John F. Kennedy Boulevard on the north side of John F. Kennedy Boulevard between 17th Street and 18th Street and the east side of 18th Street between Arch Street and John F. Kennedy Boulevard, all under certain terms and conditions. (Witness comes forward.)
Good day, Councilman DiCicco and members of the committee. I am Otis Haigler, Jr., Legislative & Regulatory Affairs Manager for the Department of Licenses and Inspections Today I am here to provide testimony on Bill 020151, which, if enacted, will prohibit vending in the area bounded by the west side of 17th Street between Arch and John F. Kennedy Boulevard on the north side of John F. Kennedy Boulevard between 17th Street and 18th Street and the east side of 18th Street between Arch Street and John F. Kennedy 35 4/24/02 STREETS & SERVICES - BILL 020151 Boulevard. The Department of Licenses and Inspections is charged with the responsibility for enforcement of Section 9-204 of the Philadelphia Code related to the licensing of vendors and inspection for compliance of the code. Therefore, in accordance with our responsibilities, the Department offers no objection to the enactment of Bill 020151 and is prepared to provisions of this bill should Council vote for its passage and the Mayor sign it into law. Thank you, and I am prepared to answer any questions at this time.
If you wish to testify, please identify yourself for the record.
My name's Jerome R. Balka, and I'm counsel to the United Vendors, and we have a number of people who are working in the location that would be affected by the passage of this bill. We have just a little bit earlier today met with Councilman Clarke and with the proponents of the bill, which is the Liberty Property Trust people who are erecting an office building at that location. I 36 4/24/02 STREETS & SERVICES - BILL 020151 believe we have come to some basic understanding as to how to proceed here. And, Mr. Chairman, I have respectfully requested that the bill be held for amendment so that we can put these basic understandings into writing and move forward at that point.
I'd like to ask the sponsor of the bill, do you want to hold or do you want to amend it today?
Mr. Chairman, it's my understanding that we have worked on a conceptual agreement. I was going to request an amendment at this particular time so that the effective date would essentially be pushed back upon the issuance of a certificate of occupancy, which we hope will be around two years from now as we're at the ribbon-cutting ceremony of this wonderful facility. With respects to the relocation of any potential vendor at that time, it is the commitment of the Liberty Property Trust and myself to work with the Streets Department and the Department of Licenses and Inspections to be sure that that vendor is relocated Arch Street, where, under this particular bill, vending is allowable. 37 4/24/02 STREETS & SERVICES - BILL 020151 That was my understanding, that we came to a consensus on that.
Councilman Clarke, I am not -- I can't say whether under the existing bill, which is being amended, the Center City vending bill, vending is permitted on the block of Arch Street between 17th and 18th Street.
And I can't really say how many specific vending locations are permitted there.
So until we get some more of this information, we're kind of at a loss.
Well, this is what I'd like to do. Because we will amend this to reflect the certificate of occupancy, the best-case scenario we're talking about is two years before enforcement, so I think with the cooperation of both the departments of L&and the I Streets Department that we can come to an understanding that there will be vending locations allowed in addition to the one that's currently there on Arch Street. If we can't come to that conclusion, then we have time to revisit this particular bill. 38 4/24/02 STREETS & SERVICES - BILL 020151
This vending -- and you say the effect of this legislation will take effect two years from now.
A scenario. This will not take effect until the issuance of the certificate of occupancy of --
Vending will be takin place while construction is going on?
The configuration of the building is on the Arch Street side of the parcel. The current vending location is on a jag to the JFK side, so the construction of the building will not impact upon the vendor who is currently located on the 17th and JFK location. That will be -- the plaza will be on the 39 4/24/02 STREETS & SERVICES - BILL 020151 JFK side so that it's to be a minimal effect on the vending location.
Are we talking only about the vendors who are on the sidewalk on the same side of JFK, 17th and 18th where the building will be --
Absolutely not. Only the west side of 17th Street, between JFK and Arch.
I think what Councilman Ortiz is suggesting is that, I understand that Councilman Clarke is saying that it's okay, you know, it's okay to continue to vend, but the safety issue, I got to from time to time, I think, hope the vendor or vendors who are there understand that they may have to move from one location to another based on the equipment that's being brought in and from the mere standpoint of safety with a crane over your head and all. There may be some liability issues there and I don't -- (Unintelligible; parties talking over each other.)
That would not be 40 4/24/02 STREETS & SERVICES - BILL 020151 done, my understanding, with legislation. I mean, if we're going to (indiscernible), it has to be a (indiscernible) issue and --
We accept that. We accept the fact that if there's construction going on, we might have to move from one spot to another spot to accommodate.
-- Mr. Haigler, that you're here today, but you may have to move 50 feet away tomorrow because, you know, that's the nature of the business. Thank you.
Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for L&I. Based on Bill 1205-AA, which was enacted back in 1991 to deal with vending in Center City, there are alternate vending that were permitted by Council to relocate vendors who have to be reassigned from a specific area that they were assigned to. So that provision is in place, so they could be relocated to one of those alternate sites. Now, if the alternate sites is not a part 41 4/24/02 STREETS & SERVICES - BILL 020151 of that ordinance, then Council will have to enact a new ordinance for another location.
As long as we all understand. (Witness comes forward.)
Yes, Mr. DiCicco, I'm Tom Witt of Wolf, Block, Schorr and Solis-Cohen, attorney for Liberty Property Trust. I believe the arrangement we had discussed with Mr. Ball is as it has been presented to you by Councilman Clarke. I just did want to make sure that if at all possible, the bill is reported out now rather than held.
Okay, thank you. Any other questions? (No further questions.)
Anyone else here who wishes to testify on this bill? (No response.)
Thank you. The clerk will read the title of the next bill. - - -
Bill No. 020169, an ordinance 7 amending Title 9 of the Philadelphia Code by amending Section 9-203 relating to street vendors and Section 9 9-205 relating to sidewalk sales by prohibiting street and sidewalk vending on certain portions of Callowhill and 16th Street and creating a special vendor District on certain portions of Callowhill Street, under certain terms and conditions.
Excuse me. (Councilman Clarke confers off the record with Mr. Balka.)
Good day, Councilman DiCicco and members of the committee. I am Otis Haigler, Jr., Legislative & Regulatory Affairs Manager for the Department of Licenses and Inspections Today I am here to provide testimony on Bill 020169, which, if enacted, will prohibit vending 43 4/24/02 STREETS & SERVICES - BILL 020169 on certain portions of Callowhill and 16th Street and create a special vendor district on certain portions of Callowhill Street. This ordinance was drafted to regulate vending in this area due to concern expressed by the Government Services Administration regarding security in the immediate vicinity of the Immigration and Naturalization Services Office located at 16th and Callowhill Street. Their concerns were highlighted in a letter to Mayor Street and copied to Council President Verna, dated October 12, 2001. Presently, there are two street vendor who operate from trucks as well as one sidewalk vendor in the area in question. This bill proposes our purposes to relocate the two street vendors one block over, between 15th and 16th on Callowhill, and establish a special vendor district. Also, the Department proposes to set certain conditions for their continued operation in this area due to problems we have experienced in the past with the vendors in question. Sidewalk vending would be prohibited in the 1600 block of Callowhill Street, and the vendor may choose to relocate anywhere in the area where 44 4/24/02 STREETS & SERVICES - BILL 020169 vending is permitted. In accordance with our responsibilities, the Department fully supports enactment of Bill 5 020169, and we are prepared to enforce the provisions of this bill should Council vote for its passage and the Mayor sign it into law. Thank you. I will be happy to answer any questions at this time.
Mr. Haigler, can you talk about the type of vendor that is currently located at that location? Are you familiar with it? It's not the traditional vendor, as we --
That's correct. There are two vendors operating from vehicles, selling passports, or vending passports, right there in front of the Immigration and Naturalization Office. There have been some concerns in the past about their operation and how they go about their vending operation. The Police Department and certain other agencies have had concerns about that. And based on what has transpired from September the 11th, the Government Services 45 4/24/02 STREETS & SERVICES - BILL 020169 Administration of the federal government, they're concerned about security in that area immediately in the vicinity of the Immigration Office. So they would like for them to be located at least from in front of that area so they can secure that area.
So it's not our traditional fine vendors that we have that sell food and other wares.
These are two big, ugly trucks that sit in front of the --
One clarification. They're not selling passports; they're just taking the photos.
All right, thank you. 46 4/24/02 STREETS & SERVICES - BILL 020169 Thank you, Mr. Chairman.
My name is Jerome R. Balka, and I'm counsel for the United Vendors. And I am aware of the government's security concerns, and I'm also aware of the two street vendors selling photographs, but this bill will also affect one sidewalk-sale food vendor, and if he's got to move a block or a block and a half away, he's out of business in effect. And all I would respectfully request is if he could move across the street, which, right now, I don't think is an area where vending is permitted.
If I may, Councilman Clarke. What are the security concerns? I mean, I drive by there almost daily.
What are the security concerns of the federal government?
I have a letter that they 47 4/24/02 STREETS & SERVICES - BILL 020169 sent to the --
The owners of these trucks are not together with Osama Bin Laden, you know. I don't understand what's the security concerns they --
I think we're extremely paranoid in this country nowadays.
Councilman, I am aware of the security concerns, and it arises out of an incident that occurred in New York where a sidewalk-sale cart was found to have explosives or other material and be parked right where a government building was with a couple thousand people in it.
Yeah, but these -- I don't know what happened in New York, but these are well-known vendors. I mean, they've been there for years and years and years. They're not terrorists.
No. They might terrorize each other regularly, but they don't terrorize the government.
If I may, Councilman. 48 4/24/02 STREETS & SERVICES - BILL 020169 My concerns center more around the operation itself, the issue with respects to safety having more to do with the General Services Building. I don't think it's an appropriate operation. People are forced to stand on the sidewalk, right, in all kinds of weather, take pictures. You know, it's just not an appropriate location or an appropriate type of operation for individuals who are trying to get this kind of service. I think that we should have a service provided to those individuals that is more humane than simply allowing people to stand in long lines in all types of inclement weather on the sidewalk to get a picture.
You know, I agree wholeheartedly with Councilman Clarke, but I also always had another issue as to how they are permitted to stand there -- and I know it's not an issue for you, Mr. Haigler, but they can park their vehicles there all day, not get a ticket. We have people who come into the City that go to a restaurant; they may be five minutes late, and they get slapped with a $25 fine. So it seems to be like a double standard, you know. And, again, the not an issue for you, 49 4/24/02 STREETS & SERVICES - BILL 020169 Mr. Haigler, but I was always curious about the fact that they're allowed to stand there, parked on a City street for hours on end illegally and not receive a ticket. I thought I'd just mention that in my comments. But thank you. Any other questions for these witnesses?
I'd just like to make one further comment with respect to the food vendor who's been at that location for ten years now. After September 11th, he was asked to move from in front of the building, and he did; he moved across the street, and I imagine L&I helped with that relocation, and everybody's happy. I don't think that this bill should affect him. I think what the government was worried about, rightly or wrongly, was people who were right on the -- at the edge of the government building. He is not.
Thank you. The clerk will read the title of the next bill.
This concludes public 50 4/24/02 STREETS & SERVICES - BILL 020169 hearing. - - - 51 4/24/02 STREETS & SERVICES - PUBLIC MEETING
We will now move into the P- public meeting. The Chair recognizes Councilman Clarke for a motion on the amendment to Bill No. 020177.
We have a quorum of five members of the committee. Thank you.
Thank you, Mr. Chairman, I ask for a motion on the amendment made to Bill No. 010277. (Duly seconded.)
Was that an amendment read in? Did you read that earlier?
So the amendment as it was read into the record in the public hearing.
At the public hearing, right. 52 4/24/02 STREETS & SERVICES - PUBLIC MEETING
It's been properly moved and seconded that the amendments to Bill No. 4 010277 be approved. All in favor will signify by saying aye. Those opposed? The amendments are approved. The Chair recognizes Councilman Clarke for a motion on Bill No. 010277, as amended.
Thank you, Mr. Chairman. I make a motion that Bill No. 010277, as amended, be reported out of committee with a favorable recommendation and with a suspension of the rules. (Duly seconded.)
It's been properly moved and seconded that Bill No. 010277 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The bill is approved. 53 4/24/02 STREETS & SERVICES - PUBLIC MEETING Bill No. 020499 is being held. Bill No. 020122 has been withdrawn at the request of the sponsor. The Chair recognizes Councilman Clarke for a motion on Bill No. 020151.
Thank you, Mr. Chairman. I make a motion for the amendment?
Councilman Clarke, you need to read in the amendment.
Thank you, Mr. Chairman. I'd like to make a motion for an amendment to Bill No. 020151. The amendment will read as follows at the end: "Effective upon issuance of certificate of occupancy for the office building known as One Pennsylvania Plaza." (Duly seconded.)
It's been properly moved and seconded that the amendment to Bill No. 21 020151 be approved. All of those in favor of the amendment will signify by saying aye. Those opposed, nay? The amendments are approved. 54 4/24/02 STREETS & SERVICES - PUBLIC MEETING The Chair recognizes Councilman Clarke for a motion on the amended Bill 020151.
Thank you, Mr. Chairman. I move that Bill No. 020151, as amended, be reported out of committee with a favorable recommendation. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020151, as amended, be reported out of this committee with a favorable recommendation. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilman Ortiz for a motion on Bill No. 020143.
Mr. Chairman, I move that Bill No. 020143 be moved out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at our next session of City Council. (Duly seconded.)
It's been properly 55 4/24/02 STREETS & SERVICES - PUBLIC MEETING moved and seconded that Bill No. 020143 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilman Ortiz.
Mr. Chairman, I move that Bill No. 020147 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at our next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020147 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. 56 4/24/02 STREETS & SERVICES - PUBLIC MEETING Those opposed? The bill is approved. The Chair recognizes Councilman Ortiz.
Mr. Chairman, I move that Bill No. 020148 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020147 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilman Ortiz.
Mr. Chairman, I move that Bill No. 020149 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit 57 4/24/02 STREETS & SERVICES - PUBLIC MEETING first reading next session City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020149 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilman Ortiz.
Mr. Chairman, I move that Bill No. 020167 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
I'm sorry, I'm sorry. We're going to hold Bill No. 167 and 168. Sorry about that, sorry about that.
Okay, that bill is being held. 58 4/24/02 STREETS & SERVICES - PUBLIC MEETING Mr. Chairman, I move that Bill No. 020169 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so was to permit first reading at the next session of City Council (Duly seconded.)
It's been properly moved and seconded that Bill No. 020169 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilman Ortiz.
Mr. Chairman, I move that Bill No. 020184 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly 59 4/24/02 STREETS & SERVICES - PUBLIC MEETING moved and seconded that Bill No. 020184 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill 020185 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020185 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? 60 4/24/02 STREETS & SERVICES - PUBLIC MEETING The bill is approved.
Mr. Chairman, I move that Bill No. 020199 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020199 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The bill is approved. The Chair recognizes Councilman Ortiz.
Mr. Chairman, I move that Bill No. 020204 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) 61 4/24/02 STREETS & SERVICES - PUBLIC MEETING
It's been properly moved and seconded that Bill No. 020204 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The bill is approved.
Mr. Chairman, I move that Bill No. 020230 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020230 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. 62 4/24/02 STREETS & SERVICES - PUBLIC MEETING Those opposed? The bill is approved.
Mr. Chairman, I move that Bill 020224 be reported out of committee with a favorable recommendation and a recommendation that the rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020224 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended in order to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The bill is approved. This concludes the public meeting. However, I would like to make one comment. At the last -- I think it was at the last Streets and Services Committee, we had Bill No. 010497. That bill 24 concerned the providing -- amending the traffic code to provide that physically handicapped or severely 63 4/24/02 STREETS & SERVICES - PUBLIC MEETING handicapped veterans be afforded the opportunity to park free all day in the City of Philadelphia. There was a lot of concern and a lot of dialogue that took place on that day. I'm happy to report, as per Vince Finnerty of the Parking Authority, whose title I don't know at the moment 'cause I know he was just recently promoted, but based on a conversation with Mr. Ashdale that the Parking Authority, by way of policy, will no 11 longer ticket vehicles that have handicapped veterans parking -- severely handicapped veterans parking plates on their vehicles at meters in the City of Philadelphia until such time as we are able to work and hopefully get some satisfactory legislation from the State as it relates to handicapped veterans' vehicles, not only in Philadelphia but throughout the Commonwealth. So at the moment, the policy of the Parking Authority is if you have a vehicle that displays a severely handicapped parking plate, a severely handicapped plate, they will no longer be required to put money in the meter; they will be able to be allowed to park free all day at meters in the City of Philadelphia. 64 4/24/02 STREETS & SERVICES - PUBLIC MEETING Thank you.
Because of the human factor that's involved, in the event that there is a ticket, is there a commitment to adjudicate tickets?
I would suggest that, through the Veterans Association or an elected official, that they make that known, and I'm sure that the adjustments could made at the Parking Authority 'cause it is their policy effective today or tomorrow.
Yeah, I'm waiting to get something in writing to that effect so that there's no certain. Yes, sir, Councilman Rizzo.
Mr. Chairman, this is a perfect result of when the Republicans are in charge over there. Thank you. (Laughter.)
No, actually what happened was, 20 years as Republican and 17 years for me as a Democrat, the Democrat side of me enlightened 65 4/24/02 STREETS & SERVICES - PUBLIC MEETING the Republicans as to what they need to do to make it a more friendly city.
I would suggest, besides the Councilpeople's office, like you said, the Veterans Multiservice Center would be the place to go to find out how to adjudicate those mistaken tickets.
I'm waiting to get something in writing that I will share with all members of City Council, not just this committee. Thank you. (Proceedings end at 3:23 p.m.) - - - 66 CERTIFICATE I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia's meeting of the Committee on Streets and Services of Wednesday, April 24, 2002, are contained fully and accurately in the stenographic notes taken by me, and that this is a true and correct transcript of same. _______________________________, Josephine Cardillo Registered Professional Reporter and Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)