COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Wednesday, June 7, 2006 2:30 p.m. - - - PRESENT: COUNCILMAN FRANK DiCICCO COUNCILMAN DARRELL L. CLARKE COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO COUNCILMAN JACK KELLY COUNCILWOMAN DONNA REED MILLER COUNCILMAN JUAN RAMOS BILLS 051095, 060435, 060436, 060437, 060439, 060443, 060447, 060467, 060468, 060471, 060472, 060152 - - - 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 afternoon. Welcome to the Streets and Services Committee. My name is Frank DiCicco. I'm Chair of the Committee. Councilman Rizzo is to my right. Councilwoman Tasco and Councilwoman Krajewski is present. We do have a quorum. Although I guess for the record at least Councilwoman Krajewski nor Councilwoman Tasco are members of this Committee, but we expect the Council President to be back shortly to make that appointment. So rather than delay these proceedings any further, we think it's in everyone's best interest to go through at least with the hearing, and then we'll wait on the public meeting if we don't have the quorum of the members of this Committee to vote these bills out. With that, I will ask Mr. Abernathy to read the title of the first bill.
Bill No. 25 051908, an ordinance amending Section 3 6/7/06 - STREETS - BILL 051095, ETC. 11-506 of The Philadelphia Code, entitled "Alleys, Driveways and Retaining Walls," by providing additional methods by which the City may assess abutting property owners to alleys or driveways which must be paved, repaved or repaired, and by authorizing the Procurement Department to designate one or more non-profit entities to enter into contracts and otherwise administer the paving and repaving of alleys and driveways in the City; all under certain terms and conditions. COUNCILMAN DiCICCO: Councilwoman Tasco has a statement she'd like to make at this time.
Thank you, Councilman DiCicco, for allowing me to make this opening statement before the Streets and Services Committee. For the past number of years, rear driveways, which are collectively owned by adjacent homeowners on both sides, have been a major concern for the constituents of my district and for 4 6/7/06 - STREETS - BILL 051095, ETC. communities across our City. Through community meetings, letters, phone calls and e-mails, constituents have consistently raised this concern regarding the poor and deteriorating conditions of their rear driveways. They raise this concern because on a weekly basis, they see multi-ton City trucks driving through their rear driveways causing additional deterioration. In some cases, these rear driveways are now considered unsafe by the Streets Department for City trash trucks, the very trucks that constituents believe caused the problems with their rear driveways. In response to this issue, the City maintains that these driveways are private property and are the responsibility of the adjacent homeowners. Further, City Council allocated in the Fiscal Year 2003 NTI Program Statement and Budget $1 million to fund, among other things, an analysis 5 6/7/06 - STREETS - BILL 051095, ETC. of the City's driveway problem and to develop a pilot repair program. To date, the Administration will not use these funds for this purpose. To address this problem, I have introduced this bill, the rear driveway repair ordinance, as a means for the City and local non-profit corporations to help constituents in repairing their rear driveways. I would like to thank the various constituencies that are here to testify regarding this problem. Hopefully we can come together to resolve this problem that has affected the quality of life of our constituents in our communities. And, Mr. Chair, we are not going to call for this bill to be reported out of Committee today, but we wanted to begin the hearing on the ordinance so that we can get it out to the public that there is something that we want to do. We are working through a 6 6/7/06 - STREETS - BILL 051095, ETC. small committee to figure out how we can help neighbors pay for the repair of the driveways. Most constituents that I've talked to during the meetings I've attended have said, We don't mind paying, because sometimes the cost is small per household, but the problem is getting 100 percent or at least 95 percent of the neighbors to participate. So as we work through this program that we want to develop, we will finalize it. We will hold community meetings where we have received requests for help, and then we'll come back to Council with a final piece of legislation to amend the existing bill so that hopefully we will have some way to address this issue to provide support and help to the communities in Philadelphia who need to have these driveways repaired. So thank you very much, and we do have a few people from the community who have come to testify. 7 6/7/06 - STREETS - BILL 051095, ETC. COUNCILMAN DiCICCO: Thank you, Councilwoman Tasco. Good afternoon, sir. Would you please identify yourself for the record and proceed with your testimony.
Good afternoon, Chairman and members of the Committee. My name is Darin Gatti and I'm an engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 051095. It is the Streets Department's understanding that this amendment to Section 11-506 will allow certain non-profit groups to administer construction contracts to repair, reconstruct or repave common driveways and alleys in the City. This bill in its current form does not address various issues that the Streets Department feels need to be addressed. The current ordinance does not provide adequate funding for reconstruction of severely deteriorated 8 6/7/06 - STREETS - BILL 051095, ETC. driveways. A one-block-long common driveway will cost a minimum of $30,000 to pave with an asphalt overlay or $100,000 to reconstruct. The $50 assessment cap only provides for $25,000 to $50,000 of funding from the property owners. Item 2, how are the non-profits selected and what are the qualification requirements? Three, how will the City place liens on behalf of the non-profit for residents that do not contribute to the project? Four, will there be limits on fees charged by the non-profit groups? And, five, what role or liability does the City assume in the event a project is not completed or has poor workmanship? The Streets Department will continue to study this legislation, and we thank you for your time and this opportunity to present testimony. 9 6/7/06 - STREETS - BILL 051095, ETC. COUNCILMAN DiCICCO: Councilwoman Tasco.
Thank you so much for your testimony. For the record, we have been -- and I don't know if you've been in the meetings -- meeting with the Streets Department to discuss this matter. You raise some valid questions. While you talk about non-profits, we're only talking about one non-profit. Those are the quirks that we're trying to work out in all of this, because, as I said before, this is not an easy solution, but we believe it can work. And as we continue to have dialogue with the Streets Department and work with the Law Department, we believe we can come up with something that would be acceptable to the City. We just can't go away and say that it can't happen. It's our responsibility to find something to make it work for our constituents. So we will continue. We met with the Streets Commissioner. We've had 10 6/7/06 - STREETS - BILL 051095, ETC. a meeting with her. We'll have ongoing meetings with you and all the parties that are part of this exploratory process so that we can in the end have a project. So we want you to go back to the Streets Department with the questions you have raised, and know that we will be back to you to help us answer these questions.
Thank you. COUNCILMAN DiCICCO: Thank you. Any other questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Is there anyone else here who wishes to testify on this bill, for or against? Please come to the witness table. Good afternoon, sir. Please identify yourself for the record and proceed with your testimony.
Good afternoon. My name is Trino Boix. I'm the Operations 11 6/7/06 - STREETS - BILL 051095, ETC. Manager of the Greater Philadelphia Urban Affairs Coalition. I'm providing testimony on behalf of Sharmain Matlock-Turner, our Executive Director. For over 37 years, the Greater Philadelphia Urban Affairs Coalition has brought people together throughout the metropolitan Philadelphia region to solve their own problems, operate programs and support an array of government and private sector-sponsored initiatives. GPUAC is a direct service provider and a leader in the area of public policy. As an intermediary, we build the capacity of grassroots organizations to serve their own communities. This is accomplished through the provision of financial management services to more than 90 community groups. Through the operation of effective programs, we impact communities in the greatest need throughout the metropolitan Philadelphia area. GPUAC 12 6/7/06 - STREETS - BILL 051095, ETC. manages more than 50 programs and serves in the area of workforce development, health services, neighborhood and community services, economic and business development, and education. Finally, as an agent for change, we build partnerships and launch initiatives that bring up reform. This work is carried out through a public policy committee on homelessness, workforce development, community and economic development, and education of children and youth. Central to our mission is to address quality of life issues that affect the residents of the greater Philadelphia area. Accordingly, we applaud Councilwoman Tasco's leadership in tackling this issue of deteriorating community driveways. We understand that it's been difficult for individual residents to repair shared and conductively owned driveways. The fact is that while some 13 6/7/06 - STREETS - BILL 051095, ETC. residents are willing to pay for new driveways, some neighbors refuse to pay. Furthermore, due to a fixed income, some neighbors simply do not have the means to pay. GPUAC has been and will continue to work with Councilwoman Tasco to develop innovative strategies and implement them to tackle this important community issue. On behalf of the Greater Philadelphia Urban Affairs Coalition, I thank you for your time and attention.
Thank you. We appreciate it. They were just one of the groups that we've been talking to, because they do have the capability, with some administrative costs, to help us work this program out. So they're part of the ongoing discussion to work out the program. COUNCILMAN DiCICCO: I was just wondering if the sponsor of the bill, 14 6/7/06 - STREETS - BILL 051095, ETC. Councilwoman Tasco, if there's been any discussion or thought given to arrange for a similar kind of payment that we do when street infrastructure is being done, reconstruction of streets and laterals are being placed in on properties where the individual homeowner may not be in a financial position to pay for it in its entirety up front, where the Water Department spreads the cost out over a five-year period, if I'm not mistaken, and adds the cost to the monthly bill, which makes it more affordable. Just a thought. We have a similar kind of set-up for water issues, which are quasi -- I guess they're sort of public and privately owned facilities. Maybe something of that nature could be --
You mean only one person? COUNCILMAN DiCICCO: No. It would be -- well, the way the Water Department works with lateral is that an 15 6/7/06 - STREETS - BILL 051095, ETC. individual would opt to get into this five-year payout with the water. There's no interest on the loan. It's an interest-free loan. The Water Department will repair the lateral, and then over the five-year period, whatever that cost is will be applied on a monthly basis on their water bill.
And that's a good idea, and that helps when someone has to do a water lateral. But we have a problem getting people to feel that there is a commitment, that they should be doing the entire driveways. COUNCILMAN DiCICCO: Well, the City can make it a commitment if someone will cite it --
We certainly want the support of the Administration to help resolve this issue. I mean, we put a million dollars in the NTI budget so that we could have a study done and explore what could be done, and that hasn't been spent. So 16 6/7/06 - STREETS - BILL 051095, ETC. we're trying on our own to come up with a way to address this problem. When I go out into the community, it used to be trees. Now it's driveways. So when I go to a meeting, I know the first thing on my list, I have all my driveway information together, because that's what they're talking about. And then maybe we might talk about drugs, but they talk about driveways first. COUNCILMAN DiCICCO: Well, again, just as a matter of recommendation, the City cites an individual property owner if the sidewalk is broken up. You get cited for an unsafe condition. So if you wanted to, for lack of a better word, force the issue, then the property owner would be cited and then they would have to be part of that overall agreement with their neighbors to have the property repaved at a certain cost to them.
But the 17 6/7/06 - STREETS - BILL 051095, ETC. City does have the ability -- the Streets Department can condemn the driveway, but still, even if it's condemned, and we've had a couple of them condemned, still trying to get the people to pay, they don't pay for the repair. But your point is well taken and we'll look at that as we have our discussion. COUNCILMAN DiCICCO: Thank you.
And I believe that sometimes when they do condemn that property, when they go to sell, that's on the real estate. COUNCILMAN DiCICCO: That's a lien.
Yes, but they still, like Councilwoman Tasco said, they can completely ignore that. We have many of those problems.
So you end up with a lot of liens. The objective is to get the driveway repaired. We don't want to just have people have liens on 18 6/7/06 - STREETS - BILL 051095, ETC. their properties. We want the driveway done, and that's what we're trying to do, is create a community spirit where everybody will participate, and even try and find some funds to help senior citizens who are on fixed income, someone who can't afford it, maybe help them. Because in the end, you'll hear some of my neighbors testify that it's really not a lot of money if you do each household. COUNCILMAN DiCICCO: Then the cooperation is the problem. Some people will opt to do it and others decide they don't want to do it. Thank you. Any other questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Is there anyone else here who is testifying on this bill? Sir.
We have Mr. Streets. Mr. Streets, come on up. 19 6/7/06 - STREETS - BILL 051095, ETC. COUNCILMAN DiCICCO: The other gentleman, sir, you can come up as well. There's three seats up there.
Come on, Ms. Rainey. You can all do it at the same time. COUNCILMAN DiCICCO: Good afternoon. Ma'am, please identify yourself for the record and proceed with your testimony.
Thank you, Councilman, and thank you for having us here, and particularly I'd like to thank Councilwoman Tasco, who -- my name is Paula McKinney Rainey. I live in the Mells Park Garden section of Philadelphia. I'm also a recently elected member of the Democratic Ward Executive Committee. COUNCILMAN DiCICCO: Congratulations, I think.
And Council Lady 20 6/7/06 - STREETS - BILL 051095, ETC. knows that when she attended our last meeting, roughly like within the year, we had standing-room only, and that's what people were screaming and hollering about, the driveways. There are other issues. There are kids hanging out on the corner. There are some minimal safety issues and concerns, but people were up in arms about what is going to happen with these driveways. Let me just tell you that they're caving in in very large areas. There are large gaping holes and cracks. There's significant buckling and shifting of the driveway surfaces, and all of this presents a very hazardous condition for children playing. They can't play. They can't ride their bikes in the back where they would otherwise be safe because of the condition of the driveways. Anyone walking also kind of takes your life in your hands, because you might fall into one of these huge gaping holes and never be seen again. And for vehicles 21 6/7/06 - STREETS - BILL 051095, ETC. traveling in the driveway, for homeowners who have had to repair tires, et cetera, et cetera, because some of the holes are sharp on the edges and they tear tires. Many homeowners have kind of banded together to try to do little Band-Aids, but that's all they are is Band-Aid methods, because then the next week the trash trucks come through and whatever Band-Aid is quickly degraded. It also calls into issue maybe some of the surfaces under the paving to begin with. So it is an issue, and we just want to say -- I want to say, speaking on behalf of my constituents and my community, that we appreciate you, Council Lady, continuing to pursue this and to help us come up with some remedy so that we can be fully truly proud of our community and the back of the houses that's certainly part of our community. Thank you. COUNCILMAN DiCICCO: Thank you. 22 6/7/06 - STREETS - BILL 051095, ETC. Gentlemen, did you decide who is speaking next?
I'm Frederick Douglas Weathers. The former speaker has just cited many of the concerns for the residents on Upsal Street and Sharpnack Street. I would like to thank Council Lady Tasco. We did speak about this several weeks ago concerning the particulars that the former lady has just addressed. But my question is, can the City mandate or legally allocate charges to each homeowner, which I think would be a very small or even a medium range of a charge, to have construction support to get these driveways paved? I think possibly there would not be any type of negative reaction towards that at all. I mean, if all homeowners sign off completely to just endorse the legislation or the mandate direction, why not? I think this is reasonable. 23 6/7/06 - STREETS - BILL 051095, ETC. COUNCILMAN DiCICCO: I'm not familiar if the City has ever taken the position that you just described when it comes to driveways. There are certain circumstances where buildings may have been found unsafe and in imminent danger of collapsing or whatever and the City has either demolished or made significant repairs to the property and then a lien is placed against the property. But in this instance, I'm not sure if that's ever been done. I'm not an attorney, but I suspect there's probably a way of doing that.
Sure. COUNCILMAN DiCICCO: And that's what the Councilwoman is -- the reason for this hearing is to explore some of those ideas, get some feedback from not only the citizenry but the folks in government to come up with a solution to this problem. Because as I said earlier, if you spread it out over a certain period of time, the financial hardship is 24 6/7/06 - STREETS - BILL 051095, ETC. not as great and the end result is, you're compelled to be part of that process as opposed to opting out of it. You're not going to do a portion of the driveway. You need to do it all for it to be effective.
Of course. COUNCILMAN DiCICCO: And that's what we're discussing here, and further discussions with the Council Lady will continue, I'm sure, over the summer months.
Councilwoman Tasco, have you addressed the issue if there would have to be an opening, if there would need to be like a sewer lateral? How will you deal with a plumber coming in, digging it up? Would 25 6/7/06 - STREETS - BILL 051095, ETC. the homeowner of the adjacent property be required to make the repair?
No. I'm talking about repair a driveway and a week later, a month later, two years later, you have to dig it up to make some type of a repair. Who would be responsible for the repair? COUNCILMAN DiCICCO: I think the homeowner would be, just as they would in any other situation where the streets would be paved.
That's right. COUNCILMAN DiCICCO: It's not unlike street repaving out front as opposed to the rear. Yes, sir. You're testifying?
My name is Charles Streets and I represent -- COUNCILMAN DiCICCO: Very appropriate name for this hearing.
Well, no. My 6/7/06 - STREETS - BILL 051095, ETC. name is Streets. I have a plural on the end of my name. It's not Street. COUNCILMAN DiCICCO: With an S.
With an S. I represent the Sharpnack, Upsal, Woolston Street Neighbors Association. And in October of 2005, we collected $1,100 from our neighbors and we rented a truck and bought four tons of asphalt and patched every hole in our driveway. During the wintertime, the snow and the weather, the asphalt that we put down was like a Band-Aid and the holes are just as bad as they was when we started in October. We have formed a committee and we have collected $2,640 from our neighbors, which represents about 30 percent of the neighborhood. We have meetings every month, and we need to collect $16,000 for our driveway. We would like to get help from the City. We have made this effort on our own. We asked the City. We've been to the 27 6/7/06 - STREETS - BILL 051095, ETC. Streets Department. We've been to the Mayor's office. We asked our different representatives, but we have taken this on our own, and we need the City's help to help us collect from the people who don't pay. COUNCILMAN DiCICCO: I understand, and it is a legal issue, I believe, and that's what the representatives from the Streets Department will be exploring and reporting back to this Committee and the sponsor of this bill, Councilwoman Tasco. I don't think anybody can give you an answer today, because there are, I'm certain, legal issues that need to be looked at before that can be answered.
And we appreciate your effort. Any number of community organizations, neighbors have banned together to try to engage their neighbors to put up the money, but you don't get 100 percent participation. So that is why we are trying to explore -- 28 6/7/06 - STREETS - BILL 051095, ETC. and you heard me tell the Streets Department, we want them to work with us, and I think they will -- to figure out how we can make this program work, because we believe it will help the communities, the neighborhood groups, collect the money from their neighbors. We'll have to see how it works out, but it's not an easy -- it's not easy. It's been a long-term discussion about this, and we have to get the buy-in from the Streets Department, the Law Department and bringing this back as we discuss it during the summer. So we will continue to work on it, but I wanted you to come down so you can put your thoughts on the public record for us to show that there is a need for some mechanism to help neighbors repair their driveways and get everybody to participate. So we hopefully, by the fall when we come back after the recess, that we will have worked on this project this summer with the non-profit and with 29 6/7/06 - STREETS - BILL 051095, ETC. the Streets Department and the Law Department, but we can begin to go out and talk to the community and let them know what we will be proposing. And next time we come back, we will have a bill, that we'll probably amend this bill so that it will become final law.
Council Lady, will there be an announcement mailed out for the next meeting?
We'll let you know. We know the blocks. We know them. It's not only in my district, Councilwoman Krajewski, Councilman DiCicco, Councilman Nutter, Councilwoman Miller. So it's really pretty much Citywide. So it would not just benefit the Ninth District. I'm just spearheading this because that's what I hear when I go out into the community. But Councilman Nutter hears it all the time, because the two of us put the money in the budget, NTI budget, so that we could have a study done to see how we 30 6/7/06 - STREETS - BILL 051095, ETC. could do it. I sent those funds. We're doing it now with my staff and volunteers.
Thank you very much. And we thank you so much for taking time to come out. Dr. Weathers, I know you grab me when you see me at brunch to talk about the driveways. So I really appreciate it. Ms. Rainey, I see you at the community meetings. So there are other individuals who also are very much concerned about this issue, and we thank you for coming down today.
Absolutely. Thank you. COUNCILMAN DiCICCO: Anyone else who wishes to testify? 31 6/7/06 - STREETS - BILL 051095, ETC. Good afternoon, ma'am. Please identify yourself for the record. Before you begin, just let the record reflect that Councilman Clarke, a member of the Streets and Services Committee, is also present. Thank you, ma'am. Identify yourself.
My name is Linda Simmons and I'm from the 7800 block of Providence Street. The particular block that we live on is one of the longest blocks in the City, and what makes our situation so hard with our driveway is, our homes were not all built at the same time. Now, I live at the break of the newer homes, which "new" would be 60, 70 years old, and then the lower end of the block were homes built maybe 20, 30 years before the second set of homes were built. Now, when the driveways were built at that time, they in no way were built to accommodate your City trucks. 32 6/7/06 - STREETS - BILL 051095, ETC. Now, what has happened due to the fact they did not fit the specifications for your trucks, your trucks have totally demolished that end of the block. Now, getting people to be willing to pay for the whole block, meaning everyone pay their share, my end of the block could last another 40 years, but I know in order to fix the block, we have to do the whole block. So I don't think when you say it's totally the homeowners' responsibility that you should lay something on us and say we're responsible for apparently something that material did not hold up to accommodate the trucks you in the future built to pick up the trash to make it more economical to the City not to send several trucks to one location. The end of the block is like potholes almost. You can't walk down that block. You don't drive. Everybody comes from the top in. If they live down 33 6/7/06 - STREETS - BILL 051095, ETC. there, they try to get up to our end of the block to get out. I don't go back there, because I can't back up, because you can't just drive out. So a lot of us can't even use the back driveway. And as far as us wanting to pay, a lot of us can't afford to pay. Myself, I'm on disability. I can't afford to pay. And it's hard for me to say I will do it. The back of my driveway is fine. My unfortunate thing is, I live at the cut-off, which means we're getting a drop right where that old section and new section come together. The earth is dropping. What are you doing? You're going to take down the side of my house. I've already had to replace concrete, because I want to slow up the drift. I've had to in my kitchen -- because I have an eat-in kitchen and a cooking area. The radiator has already been pulled loose for the system, because that side of my house is settling to 34 6/7/06 - STREETS - BILL 051095, ETC. conform with my tilt. Now, I don't feel when you say it's the homeowners' responsibility for everything -- and I do know homes settle, but I don't need a broken driveway to help my home settle. And everybody is saying it's the homeowners' responsibility. I cannot go in the back and say, You can't bring your truck through here because you're tearing up the place. You bring it in every week. And I can't say to the people down on the other end, We're not going to help you do your driveway, because they need a driveway. So what we need to do is really come to a conclusion and say this is all of our problem. It's not just the homeowners' problem, because the homeowners didn't all do it on their own. So, therefore, the City should have an obligation to step forward and say, Yes, we agree that some of this, for whatever reason, is some of our responsibility 35 6/7/06 - STREETS - BILL 051095, ETC. that it has occurred.
Thank you very much. We hear you and appreciate your comments. Would you make sure that Sharon has your telephone number so we can get in touch with you? And we'll contact you again, because we need all points of view.
I also have some letters that we have written to you before.
Thank you so much for coming out this afternoon. I agree with you on some of your points, because the trash trucks do contribute to the deterioration.
And that happens. So that would be part of our discussion. Thank you. COUNCILMAN DiCICCO: Thank you. Any other witnesses who wish to testify for or against this bill? 36 6/7/06 - STREETS - BILL 051095, ETC. (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.
Bill No. 7 060472, an ordinance authorizing and directing the revision lines and grades on a portion of City Plan No. 307 bounded by Broad Street, Race Street, 13th Street and Arch Street, all under certain terms and conditions. COUNCILMAN DiCICCO: For the record, I don't know if we made note of this earlier. Bill No. 060152 is being held to a date certain by the sponsor of the bill. The date for that hearing will be September 26th of this year at 2 o'clock p.m. -- 28th. Excuse me. September 28th at 2:00 p.m. at the request of the sponsor. Again, it's Bill 22 No. 060152. Good afternoon.
Good afternoon, Mr. Chairman and members of the 37 6/7/06 - STREETS - BILL 051095, ETC. Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 060471. This is an administrative ordinance requested by Mr. Herbert Wetzel, Executive Director of the Redevelopment Authority, 1234 Market Street, 16th Floor, Philadelphia, PA 19107. The purpose of this ordinance 14 is to strike and vacate Cherry Street, Juniper Street, Watts Street, Quarry Street and Clarion Street from the City Plan for the extension of the Pennsylvania Convention Center. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you.
Good afternoon, Chairman, members of the Streets and 38 6/7/06 - STREETS - BILL 051095, ETC. Services Committee. My name is Martin Soffer, Director of the Development Planning Division and I'm here to testify on behalf of the City Planning Commission. The purpose of this ordinance 8 is to allow for the approximately 965,000 square foot expansion of the Pennsylvania Convention Center. The proposal is to strike and vacate Juniper Street, Cherry Street, Watts Street, Clarion Street and Quarry Street between Broad and 13th Street, Race Street to Arch Street. The Planning Commission at a meeting in October 2002 approved a blight certification for the Redevelopment Authority to acquire property for the expansion of the Pennsylvania Convention Center. Therefore, the Planning Commission recommends that Bill No. 22 060471 be approved. Thank you. COUNCILMAN DiCICCO: Good afternoon, Ms. Naidoff. 39 6/7/06 - STREETS - BILL 051095, ETC.
Good afternoon, Chairman DiCicco and members of the Committee on Streets and Services. My name is Stephanie Naidoff and I am the City Representative and Director of Commerce for the City of Philadelphia. I am here today to support Bill No. 060471, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 307 bounded by Broad Street, Race Street, 13th Street and Arch Street, all under certain terms and conditions. This bill represents the second ordinance of three that have been introduced to City Council for the purposes of clearing the build path for the Pennsylvania Convention Center expansion project. This ordinance will authorize the striking and vacating of streets within the path. The State announced in 2004 that it would expand the existing Center to Broad Street, extending it to the 40 6/7/06 - STREETS - BILL 051095, ETC. west. The size of the project is estimated to be $700 million, and after expansion, the Convention Center will be approximately one million square feet. To date, the State has authorized $400 million for this project and has an additional $300 million line item in the Capital Budget for review at end of June. A final financing plan for the Center is being produced and will be completed shortly. The City has been clear with the State that it is necessary for the City to be relieved of its obligations for funding the Convention Center with respect to paying debt service and deficits arising from the operating budget as it has in the past. It is imperative that they show this in the financing plan. As a matter of background, the State has entered into an agreement with the Redevelopment Authority for the Authority to act as its agent for the 41 6/7/06 - STREETS - BILL 051095, ETC. acquisition, condemnation and demolition of properties in the build path. Notification of property acquisition has been sent out and the current schedule calls for the buildings to be acquired and condemned by the end of 2006. The Commerce Department has been working with the State and the Convention Center and understands that this ordinance is crucial to the success of the expansion project. When completed, the Center will have the largest contiguous exhibit space in the northeast region and will be able to host large trade shows or two major conventions simultaneously. The expanded Center will be the second largest convention facility in the northeast, after New York, which will allow the Philadelphia region to regain its place as a first-tier destination in the convention market. With passage of this ordinance, a clear indication will be sent to the 42 6/7/06 - STREETS - BILL 051095, ETC. State that Philadelphia is in full support of this great project and that we are not impeding their ability to pursue the expansion process. Thank you. COUNCILMAN DiCICCO: Thank you, Ms. Naidoff. Are there any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Is there anyone else here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will thank you and proceed with the reading of -- I apologize. Councilman Clarke.
Thank you, Mr. Chairman. Real briefly. Ms. Naidoff, twice this week we've dealt with matters relating to the Convention Center, and this whole issue about the agreement as it relates to us 43 6/7/06 - STREETS - BILL 051095, ETC. getting out of the responsibilities on the Convention Center is clearly not resolved. Are we close to getting that resolved? Because I'm a little concerned that we continue to proceed on issues and not have that resolved.
We can't resolve it until the financing plan is in place, and the State and the Convention Center authority are working on that. I understand they are fairly close to producing that, and as soon as they do, we will continue the discussions we've been having. But we are confident that we will be able to reach that resolution.
Okay. Thank you. COUNCILMAN DiCICCO: Thank you. Thank you again. Any other questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or 44 6/7/06 - STREETS - BILL 051095, ETC. against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.
Bill No. 8 060472, an ordinance authorizing the Commonwealth of Pennsylvania, its successors and assigns, to construct, own and maintain an overbuild on 13th Street between Race and Arch Streets, under certain terms and conditions.
Good afternoon, Chairman and members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 060472. This bill authorizes the Commonwealth of Pennsylvania to construct, own and maintain an overbuild on 13th Street between Race and Arch Streets. The overbuild is being undertaken in conjunction with the 45 6/7/06 - STREETS - BILL 051095, ETC. Pennsylvania Convention Center expansion. The proposed overbuild, creating a building overpass similar to the current condition over and above South 13th Street, is approximately 570 feet in length, 50 feet 4 inches in clear width and 118 feet 2 inches in height. The Streets Department has reviewed the preliminary plans for this project and has no objection to the passage of the bill. COUNCILMAN DiCICCO: Again, Ms. Naidoff.
Mr. Chairman, my testimony is pretty much the same. If you'd like, you can -- COUNCILMAN DiCICCO: You can submit it for the record and that would be fine. Any questions? Councilman Rizzo.
To the City Representative, are we losing any leverage at all with all of this moving 46 6/7/06 - STREETS - BILL 051095, ETC. forward without a deal?
We don't believe we are. We think we are still in a good position to continue the discussions, the positive discussions, that we have been having, and we think that the passage of these ordinances is important and is actually critical to the continuing of the process of expanding the Convention Center.
So it could be positive, things moving forward without the deal.
Absolutely, and it's a strong signal to everyone that we would like this project to advance.
Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you. Any other questions for these witnesses from the Committee? 47 6/7/06 - STREETS - BILL 051095, ETC. (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.
Bill No. 11 060447, an ordinance amending Title of 12 The Philadelphia Code, entitled "Traffic Code," to limit the period for collection of certain parking violations penalties, revise procedures for temporary movement of parking meters, revise the penalties for certain parking violations; revise the fees for booting, towing, storage of certain immobilized and impounded vehicles; altering the period for late fees for certain violations, and such fees; and make certain technical changes; all under certain terms and conditions. COUNCILMAN DiCICCO: Good afternoon, but before you gentlemen begin 48 6/7/06 - STREETS - BILL 051095, ETC. with your testimony, I believe Councilman Kelly, the sponsor of the bill, would like to make a statement. Councilman Kelly.
Thank you, Mr. Chairman, members of the Committee. Just before Mr. Jannetti from the Administration speaks and the Executive Director, Mr. Fenerty, from the Parking Authority speak, I just thought I would give my opinion on this bill. And it's a business-friendly bill. By that I mean that it's going to enable businesses to open up the parking, especially in Center City and even in outlying areas. It's going to make it more accessible for people to find parking spaces in Center City. Thereby, they can come in and attend our restaurants or go shopping or whatever. I think that it's going to be also very, very friendly to the people who receive citations, being that it's extending the time for payment from eight 49 6/7/06 - STREETS - BILL 051095, ETC. days to days. It also will put a cap on the amount of time that a citation can be collected, which will be ten years. So you won't see these stories in the paper from time to time that a person 7 or 20 years ago gets a ticket and they 8 have no idea why they're getting it or 9 where they got it. 10 But, again, I just want to say 11 that this is going to, I think, help 12 businesses, especially in Center City, 13 and I think it's going to open up a lot 14 of spaces and it's going to provide more 15 accessible parking for citizens of Philadelphia. Thank you, Mr. Chairman. COUNCILMAN DiCICCO: Thank you, Councilman. Gentlemen, would you please proceed with your testimony. Please identify yourself for the record.
Good afternoon, Mr. Chairman and members of the Committee. I am Vince Jannetti, Acting 50 6/7/06 - STREETS - BILL 051095, ETC. Director of Finance for the City. I am here this afternoon to offer testimony on Bill 060447. The Administration supports the changes proposed in this bill. In addition to raising parking fine rates by $5 per violation to correct the current inequity between parking fines and the cost of off-street parking, the bill also changes the way penalties are applied in order to give violators additional time to pay prior to the imposition of penalties. Currently, a penalty is applied eight days after ticket issuance. This bill will delay the imposition of penalties until 15 days after issuance and will reduce that penalty from $23 to $20. It is estimated that the changes proposed in Bill 060447 will generate an additional $6 million in on-street parking revenues. This additional revenue is currently reflected in the revised 2007-2011 Five-Year Plan 51 6/7/06 - STREETS - BILL 051095, ETC. submitted to PICA on June 1st, 2006. Failure to approve this bill will result in a $30 million reduction in projected revenue, which would unbalance the Plan currently under review. I would also ask for a suspension of the rules to allow for first reading at the next hearing of Council. This concludes my testimony. I'd be happy to answer any questions you may have. COUNCILMAN DiCICCO: Thank you. Mr. Fenerty.
Good afternoon, Mr. DiCicco and members of City Council. I'd like to offer testimony on several reasons why the Authority requested this bill submitted by Councilman Kelly, and would like to thank him for submitting this ordinance. The City of Philadelphia last revised its parking fines in 2002. Since that time, the demand for on-street 52 6/7/06 - STREETS - BILL 051095, ETC. parking in the City has increased as a result of economic development and the expansion of commercial activity. The increased demand has also resulted in rising off-street parking rates, making lower priced on-street spaces more available. The Parking Authority has worked with the City in taking steps to stabilize off-street rates. Our web-based parking locator now gives motorists price information of both public and private parking garages. By giving consumers information, they can make decisions on how to get the most value among the competing parking options. This, as well as the legislation passed by City Council limiting the times when parking operators can increase rates, has helped stabilize those parking rates Citywide. Normal inflation, however, continues to affect the balance between off-street parking and on-street parking structures. 53 6/7/06 - STREETS - BILL 051095, ETC. Without the proper management of curb-side spaces, one of the most valuable resources for businesses becomes less available and will eventually result in declining commercial activity. Parking violation rate structures are designed to present a credible deterrent to illegal parking, thereby increasing the turnover at legal spaces and prevent blocking of safety zones. It has become apparent that current parking violation fines are not fully achieving the goal. It is now cheaper in many parts of the City to park at a meter and pay the ticket than it is to park all day in a parking garage. The result of that kind of parking pattern is that where five people could utilize a single parking space during a normal business day to patronize our businesses to only one which now has that privilege. Those other four people will be displaced and are forced to pay higher rates in a garage, circle the block several times 54 6/7/06 - STREETS - BILL 051095, ETC. hoping to find increased parking spaces, park in a safety zone and hope not to get a ticket or towed, or leave for a suburban mall. None of those options help us create a healthy economy. There have been requests to increase specific fines over the years. Business leaders have been concerned about the increased number of vehicles double parked and increasing congestion on Center City streets. Residential groups have expressed concern that residential parking violation fines are not adequate to discourage motorists from parking in residential areas and then walking to work in Center City. Delivery people have complained that loading zones are often not available. The City and Authority have resisted efforts to adjust fines on an individual basis, although some changes have been made. The bill before this Committee attempts to determine the seriousness of the violation and set an 55 6/7/06 - STREETS - BILL 051095, ETC. appropriate fine for that group of violations. Therefore, safety violations such as double parking would be now $50, blocking crosswalks or being parked in no 6 stopping zones are set at 40, loading zone fines are fixed at 30, and time limit and meter zones are fixed at 25. The rate adjustments are modest. In most cases, they are only $5, but the impact on parking patterns could be substantial. Each all-day parker removed from the streets results in four additional shoppers finding a space to park in Center City. If you multiply that times ten or 100, the impact on the economy becomes dramatic. Equally important, double parking or blocking a corner leads to increased travel time, increased pollution and, most dramatically, the loss of life if an emergency vehicle is delayed getting to its destination.
It is also important to point out there is no increase in the cost of 56 6/7/06 - STREETS - BILL 051095, ETC. parking legally. We do not propose increasing parking meter rates. We have not done that since 1991. This proposal only affects those who choose to violate the law. There is another important change in the proposed legislation. Currently, in order to avoid a penalty on a parking violation, a motorist must pay that violation within eight days. With parking fines relatively low, an impact on a low-income person is disproportionately high if they are paid only every two weeks. If they do not have the money to pay within the eight-day time frame, they often are subject to the penalties. Our proposal increases the time to pay a ticket from eight days to 15 days before the first penalty is due. And we also propose that first penalty be reduced from $23 to $20. We also believe that those who continue to disregard notices to pay outstanding fines should pay a higher 57 6/7/06 - STREETS - BILL 051095, ETC. penalty the longer they wait. That is why we proposed increasing the second penalty to $25. We think this is a fair and balanced approach. The Authority has also learned its lesson by trying to collect on very old parking tickets on which notices have been sent. Our proposal limits the ability to initiate parking collections on tickets more than ten years old to motorists who owe $500 or three or more tickets. That means it would only be a deemed scofflaw that we would be able to go after ten years. The increased cost of fuel has had a dramatic impact on the cost of towing and impounding a vehicle. Therefore, we propose increasing the boot fee by $25 each and the tow fee the same. The tow fee will be $125 and the boot fee $100. And the tow fees for vehicles over 17,000 pounds, which are trucks, will be $300. Similarly, storage fees will be increased from 10 to 12 for each of the 58 6/7/06 - STREETS - BILL 051095, ETC. first five days and from $15 to $18 for subsequent days. The fee for contractor parking placards has not been adjusted since 1994. That is years. We propose a 7 modest increase from $125 per year to 8 $200 per year. These placards permit 9 registered contractors to park at meter 10 zones without paying a fee and also in 11 time zones without being subject to that 12 time limit and in loading zones for up to four hours. This is a modest fee for the benefit that is afforded to the contractors. Finally, the Authority must now pay a fee to get information on registered owners of vehicles who fail to pay tickets from other states. Last year, that cost the Authority more than $350,000. The ordinance will permit the Authority to pass on that fee to the motorist if the State Department of Motor Vehicles charges us for that information. A motorist would only be subject to this 59 6/7/06 - STREETS - BILL 051095, ETC. fee if their state charges it and if they fail to pay the ticket before it reaches the delinquency stage. In summary, this bill before the Committee modestly increases parking violation fines in order to increase parking opportunities, decreases congestion and supports economic development in the City. The Parking Authority recommends favorable consideration of this bill, and we also request this Committee to suspend the rules so that this bill can be read at the second reading at this week's City Council hearing. COUNCILMAN DiCICCO: Thank you. Thank you, Mr. Fenerty. Let the record reflect that a regular member of the Streets and Services Committee, Councilwoman Donna Reed Miller, is now in attendance, and also let the record reflect that the Council President has appointed both 60 6/7/06 - STREETS - BILL 051095, ETC. Councilmembers Tasco and Krajewski to this Committee, should their vote be needed. Thank you. Any questions for these witnesses from the committee? Councilman Clarke.
Thank you, Mr. Chairman. A couple of brief questions. One with respect to the increased revenue, does that revenue go to the General Fund?
One hundred percent of it will go to the General Fund, Councilman, yes. There are no 17 increased costs to the Parking Authority in this bill. No additional jobs are needed to do this. This is 100 percent will go to the City.
Thank you. With respect to the increases, are they going to be uniform across the City, the percentage of increase?
Uniform across 61 6/7/06 - STREETS - BILL 051095, ETC. the City.
The reason I ask that question, in some particular commercial corridors, there may be some differences in terms of what works for a particular business corridor, like a business corridor in North Philadelphia may have a different need in terms of the fees versus a business corridor in another section of town. Is there the ability to have any flexibility in increasing the fees or is it just a set rate?
It's a set rate for the fines, but the business corridors throughout the City do reflect different rates on the meters, which are set by City Council. Some of the outlying areas business corridors are cheaper than the $1 per hour. We are not proposing to touch those fees at all.
They're going to remain the same way they have been. 62 6/7/06 - STREETS - BILL 051095, ETC.
Point of information. COUNCILMAN DiCICCO: Point of information. Councilman Rizzo.
Correct me if I'm wrong, but I think it's important that we point out that this is not just empowering the Parking Authority. A police officer can write any of the violations that are in front of us today and also SEPTA police, I believe, can also write any violation that's in this information we have today.
You are correct, Councilman. Any law enforcement officer who issues Philadelphia parking tickets, be it the Parking Authority, Philadelphia Police, Temple Police, University of Pennsylvania Police, any one of many number of other law enforcement agencies which do write tickets on their campuses, that rate would also increase. It's a uniform increase. 63 6/7/06 - STREETS - BILL 051095, ETC.
And those university police can write any parking violation or are they limited to certain --
So if somebody puts a car out for sale, they can't write that.
All right. Thank you. COUNCILMAN DiCICCO: Two quick questions. Do parking enforcement officers have the authority to ticket delivery trucks or vehicles that are on a roadway as opposed to being parallel to the curb?
Yes. COUNCILMAN DiCICCO: And are those reflected in the increase? I believe somewhere limited access to 64 6/7/06 - STREETS - BILL 051095, ETC. highway, that could be one violation that's written? The reason I'm asking this is, Chestnut Street, as an example -- Councilman Clarke and I both share Chestnut Street on either side of Broad Street -- is one of the worst thoroughfares to traverse at any time during the day because of delivery trucks. And it's my understanding that the companies, the larger companies that do the deliveries, basically build into their pricing the cost of the tickets that they're getting. So what they do is, they'll park the truck, leave it in the middle of Chestnut Street and do multiple deliveries in the general vicinity of where the truck is parked. It's not like they're getting out and going into the store adjacent to them. They're literally within a block or two. So for the or whatever the 23 cost of the ticket is versus what it 24 would cost them to circle the block in 25 time, it's less expensive for them to pay 65 6/7/06 - STREETS - BILL 051095, ETC. the ticket than to do the right thing and not block the highway. And your officers are empowered to do that?
Yes. COUNCILMAN DiCICCO: Do you have any statistics as to how many of those tickets are being issued?
We can pull them for Chestnut Street. COUNCILMAN DiCICCO: I'd appreciate that.
One of the things, Councilman, that is included in this bill is, you will notice there is a $300 tow fee for vehicles weighing over 17,000 pounds. That is the heavy-duty delivery trucks that weigh over 17,000 pounds. Right now under the ordinance 20 anything we bring in is a $100 tow fee. We now are equipped with two heavy-duty wreckers to bring anything in -- we use them primarily for live stops, tractor-trailers, et cetera. We have towed many delivery trucks from Chestnut 66 6/7/06 - STREETS - BILL 051095, ETC. Street. They come in, they pay the hundred dollar fee, the truck is back out. This is why we have asked Council to give us a $300 fee for a truck. First of all, a small wrecker costs in the area of $60,000. The large trucks, which we now have to do delivery trucks, cost a quarter of a million dollars. It's for economics and it's also to act as a deterrent for areas such as Second Street, Third Street and the Chestnut Street corridor. And the citation that you asked about, a limited-access highway, a limited-access highway would be an ingress or an egress lane on an expressway, such as Philadelphia International Airport. As the Councilman will note, we raised that, I believe, from $40 to $100 because there's a very big safety violation at Philadelphia International Airport, and that citation is being raised as a deterrent so someone doesn't get killed out there on the exit 67 6/7/06 - STREETS - BILL 051095, ETC. and entrance roads. COUNCILMAN DiCICCO: Thank you. One final question. Follow-up Councilman Rizzo.
Mr. Fenerty, is there a violation for a person using a previously issued ticket? Councilman DiCicco pointed out something very interesting.
I saw a major delivery company get a ticket on Broad Street at Broad and Chestnut and I was walking through Center City and I happened to see that truck driving up the street with the ticket, and he left it on the windshield and was at another location illegally parked with that same original ticket on the vehicle. So they're obviously using that one ticket to buy them the day.
There is a schedule in here attached to the bill, and without me paging right through it, I 68 6/7/06 - STREETS - BILL 051095, ETC. am sure that there is a ticket for that. COUNCILMAN DiCICCO: There is a violation.
I can remember in my much younger days I wrote that ticket, and we still do write it. COUNCILMAN DiCICCO: Thank you. One other question quickly. Does the Parking Authority have any jurisdiction over private parking garages?
Yes. COUNCILMAN DiCICCO: What I've noticed -- and this may not be so much of a violation, but there are a number of parking garage operators who do not accept credit cards.
We don't have that type of jurisdiction. The jurisdiction that we would have over private garages would only be to go in and enforce the handicap regulations which are set by this body. COUNCILMAN DiCICCO: Because it 69 6/7/06 - STREETS - BILL 051095, ETC. happened to me on a couple of occasions. Fortunately, I had cash on me, but I can imagine some folks who may not have cash get to exit the garage and they're told they don't accept credit cards, and it's not a good way of welcoming people.
The only thing I think the Parking Authority could help with that is on its parking locator, which is on our website. We could make a notation of which private garages accept credit cards and which don't. COUNCILMAN DiCICCO: Or some signage that is very obvious before you enter that garage or that parking lot that alerts a person that credit cards are not accepted. I'm sure it's on there, but it's probably in very small print.
We'll put it on our website. COUNCILMAN DiCICCO: Thank you. Any other questions for these witnesses from the Committee? 70 6/7/06 - STREETS - BILL 051095, ETC. (No response.) COUNCILMAN DiCICCO: Let the record also reflect that Councilman Ramos, the Vice-Chair of this Committee, is now in attendance. And you asked for a suspension. We'll take that. Any other questions for these witnesses? (No response.)
Councilman, I was just informed that First Deputy Executive Director Sultan Ahmad meets with the private parking operators and they have a group, and he's going to bring that up at their next meeting. COUNCILMAN DiCICCO: I think it's a serious issue, certainly for visitors to our City who may come in and not be carrying a lot of cash on them to be hit with -- I don't know how they work it out. Believe me, if you don't have the cash on you, I don't know what they do, but they don't let you go free, I'm 71 6/7/06 - STREETS - BILL 051095, ETC. sure of that. But thank you. Any other questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.
Bill No. 14 060435, an ordinance authorizing the trustees of the University of Pennsylvania, University of Pennsylvania Health System, 3400 Spruce Street, Philadelphia, to construct and maintain a pedestrian bridge over and across Convention Avenue, connecting the UPHS Penn Tower Complex with the proposed Perlman Center for Advanced Medicine, under certain terms and conditions.
Good afternoon, Chairman and members of the Committee. 72 6/7/06 - STREETS - BILL 051095, ETC. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 060435. This bill authorizes the trustees of the University of Pennsylvania, University of Pennsylvania Health System, to construct and maintain a pedestrian bridge over and across Convention Avenue, connecting the Penn Tower Complex, One Convention Avenue, with the proposed Perlman Center for Advanced Medicine, 3400 Civic Center Boulevard. The purpose of the structure is to facilitate the transportation of patients, medical staff and visitors between the hospital, Penn Tower and the future PCAM facility. The bridge structure is approximately 12 feet 6 inches in width, 13 feet in height by 141 feet in length. The Streets Department has reviewed the preliminary plans for this project and has no objections to the 73 6/7/06 - STREETS - BILL 051095, ETC. passage of this bill. COUNCILMAN DiCICCO: Thank you, Mr. Mautz. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Mr. Abernathy, please read the title of the next bill.
Bill No. 16 060439, an ordinance authorizing Temple University, 1601 North Broad Street, its successors and assigns, to construct an overhead pedestrian bridge crossing the 1400 block of West Tioga Street, connecting a proposed medical school building with Kresge Hall within the Temple University campus, under certain terms and conditions.
Good afternoon, 74 6/7/06 - STREETS - BILL 051095, ETC. Chairman and members of the Committee. My name is William Mautz and I'm a Construction Engineer with the Streets Department. I am here to offer the following testimony for Bill No. 060439. This bill authorizes Temple University, 1601 North Broad Street, to construct an overhead pedestrian bridge crossing the 1400 block of West Tioga Street, connecting a proposed medical school building with Kresge Hall within the Temple campus. The purpose of the structure is to facilitate the transportation of staff, students, physicians and researchers between the hospital facilities. The bridge structure is approximately 12 feet 4 inches in width by 16 feet 6 inches in height by 50 feet in length. The Streets Department has reviewed the preliminary plans for this project and has no objection to the passage of this bill. 75 6/7/06 - STREETS - BILL 051095, ETC. COUNCILMAN DiCICCO: Thank you, Mr. Mautz. Any questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against this bill? (No response.) COUNCILMAN DiCICCO: Seeing none, Mr. Abernathy, please read the title of the next bill.
Bill No. 15 060467, an ordinance authorizing the owner of 7252 Marsden Street at the southwest corner of Cottman Avenue, Philadelphia, to construct, own and maintain an addition on the south public sidewalk of Cottman Avenue adjacent to the property, under certain terms and conditions.
Good afternoon, Chairman and members of the Committee. My name is William Mautz and I'm a 76 6/7/06 - STREETS - BILL 051095, ETC. Construction Engineer with the Streets Department. I am here to offer the following testimony for Bill No. 060467. This bill authorizes Stewart Katuran, Sr., owner of 7252 Marsden Street at the southwest corner of Cottman Avenue, to construct, own and maintain an addition on the south public sidewalk of Cottman Avenue adjacent to the property. The proposed addition is approximately 45 feet in length, 12 feet in height and projects 10 feet onto the south public sidewalk of Cottman Avenue, leaving approximately 10 feet of clear unobstructed footway. The proposed addition will provide additional seating for an existing restaurant operating at the first floor of the premises. It is the policy of the Streets Department not to approve permanent commercial intrusion into the public right-of-way solely for the purpose of expanding a business use. As the proposed building addition constitutes a 77 6/7/06 - STREETS - BILL 051095, ETC. permanent business expansion, the Streets Department cannot support the passage of this legislation. COUNCILMAN DiCICCO: Not supporting the passage?
That's correct. COUNCILMAN DiCICCO: Any questions for this witness? (No response.) COUNCILMAN DiCICCO: Mr. Katuran? Am I pronouncing that correctly?
Katuran. COUNCILMAN DiCICCO: Katuran. I apologize. Good afternoon, sir. Please identify yourself for the record.
My name is Stewart Katuran. I'm the owner of 7252 Cottman Avenue. COUNCILMAN DiCICCO: Can you spell your last name for the stenographer, please?
K-A-T-U-R-A-N. COUNCILMAN DiCICCO: Thank you. 78 6/7/06 - STREETS - BILL 051095, ETC. Do you have any testimony, sir?
Yes, I do. I'm the owner of the property and I have been since 2000, and I'd like to extend the property foot out on Cottman Avenue 7 pavement, which is now 22 foot in some 8 areas. So I will only be using half of 9 the pavement and you'll still be able to 10 pass by. COUNCILMAN DiCICCO: What is the most narrow point of the existing sidewalk?
feet. 15 COUNCILMAN DiCICCO: So it goes 16 from 20 to 22 feet? 17
That is correct. 18 COUNCILMAN DiCICCO: And you're 19 proposing to take 10, which would leave 20 anywhere from 10 to 12 feet?
That is correct. COUNCILMAN DiCICCO: Mr. Mautz, is it just a general rule that we would oppose this or is there any safety issues involved that would lead your department 79 6/7/06 - STREETS - BILL 051095, ETC. to oppose this?
With this particular proposal, there aren't any safety issues. There aren't any underground utility issues. It's a matter of general policy of the Streets Department. COUNCILMAN DiCICCO: Okay. So no safety issues, no utility issues going forward, just basically policy, as you're stating?
Point of information. COUNCILMAN DiCICCO: Just one minute. Sir, and the purpose for expanding your building?
To increase the seating for the sandwich shop. COUNCILMAN DiCICCO: It's a deli now. And that will increase the seating by how much, approximately?
20 seats. 80 6/7/06 - STREETS - BILL 051095, ETC. COUNCILMAN DiCICCO: And you will increase business, I assume? At least that's your intention and hope?
Yes. COUNCILMAN DiCICCO: Will it also cause you to hire additional folks?
Yes, it would. COUNCILMAN DiCICCO: Approximately how many? It could be one, it could be --
Could be one to ten. COUNCILMAN DiCICCO: Thank you. Councilman Rizzo.
Mr. Mautz, do you know of any other issues like this that were denied based on policy that could be harmed by an exception in this case?
When you mean "denied," opposed by the Streets Department? In my tenure before this Committee, I believe this is the first bill that I've opposed. 81 6/7/06 - STREETS - BILL 051095, ETC. COUNCILMAN DiCICCO: Thank you.
Thank you. COUNCILMAN DiCICCO: Any other questions from this Committee for these witnesses? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Thank you, sir.
Thank you very much. COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.
Bill No. 20 060436, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 105 by striking and vacating Sloan Street from Fairmount Avenue to Aspen Street and placing a relocated Sloan Street 23 feet 82 6/7/06 - STREETS - BILL 051095, ETC. eastwardly from the former Sloan Street, under certain terms and conditions, including the dedication to the City, free and clear of all encumbrances, of the newly placed bed of Sloan Street.
Good afternoon, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 060436. This is not an administrative ordinance, but an ordinance requested by Mr. Kevin Smith, Vollmer Associates, 260 South Broad Street, Suite 1210, Philadelphia, PA 19102. The purpose of this ordinance 20 is to relocate Sloan Street to provide better alignment through the block for visual consistency, streetscape and safety and for the development of 52 fee-simple single-family dwellings. This ordinance is supported by 83 6/7/06 - STREETS - BILL 051095, ETC. the Department of Streets and is recommended to your Committee for favorable action.
Good afternoon, Chairman and members of the Streets and Services Committee. My name is Martin Soffer, Director of the Development Planning Division and I'm here to testify on behalf of the City Planning Commission. The purpose of this ordinance 13 is to allow for a new residential development, Union Hill, a 51 single-family home development at this location. The proposal is to relocate Sloan Street between Fairmount Avenue to Aspen Street to provide better alignment, as well as to provide off-street parking for the new dwellings. The Planning Commission approved a Redevelopers Agreement and the Mantua Neighborhood community plan at its meeting on March 10, 2005. Therefore, the Planning Commission recommends that 84 6/7/06 - STREETS - BILL 051095, ETC. Bill No. 060436 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.
Bill No. 16 060437, an ordinance authorizing the paving of Sloan Street from Fairmount Avenue to Aspen Street, under certain terms and conditions.
Good afternoon, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following 85 6/7/06 - STREETS - BILL 051095, ETC. testimony on Bill No. 060437. This is not an administrative ordinance, but an ordinance requested by Mr. Kevin Smith, Vollmer Associates, 260 South Broad Street, Suite 1210, Philadelphia, PA 19102. The purpose of this ordinance 9 is to pave Sloan Street to provide better alignment through the block for visual consistency, streetscape and safety and for the development of 52 fee-simple single-family dwellings. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.
Mr. Chairman, my testimony will be the same as the previous bill. COUNCILMAN DiCICCO: Question, Councilwoman Tasco.
The developer 86 6/7/06 - STREETS - BILL 051095, ETC. bears all the costs in the private paving of the street.
Thank you. COUNCILMAN DiCICCO: Any other questions from this Committee for these witnesses? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, we'll ask the Clerk to read the title of the next bill.
Bill No. 17 060443, an ordinance amending Section 2 of an ordinance, Bill No. 030347, approved July 31, 2003, entitled "An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 238 by striking from the City Plan and vacating Salter Street from Third Street to Orianna Street and by reserving and placing on the City Plan a 87 6/7/06 - STREETS - BILL 051095, ETC. right-of-way for gas main purposes and public utility purposes within the lines of Salter Street being stricken from the City Plan and vacated under authority of this ordinance, under certain terms and conditions," by extending the period for compliance with the authorization conditions therein.
Good afternoon, Mr. Chairman, members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 16 060443. This is not an administrative ordinance, but an ordinance requested by Mr. Philip Harvey, Harwin Homes, 511 West Chester Pike, Havertown, PA 19083. The purpose of this ordinance 22 is to extend the time period to strike and vacate Salter Street from the City Plan to facilitate the development of 28 new townhouse style condominiums. 88 6/7/06 - STREETS - BILL 051095, ETC. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you
Good afternoon, Mr. Chairman and members of the Streets and Services Committee. My name is Martin Soffer, Director of Development Planning Division and I am here to testify on behalf of the City Planning Commission. The purpose of this ordinance 15 is to allow for a new residential development, Salter Mews, a condominium development at this location. The proposal is to strike Salter Street, a 12-foot-wide street. The Planning Commission's staff supports this development and the striking of the street, with the understanding that this right-of-way will be enhanced as a private pedestrian walkway with the appropriate paving 89 6/7/06 - STREETS - BILL 051095, ETC. materials and plantings. Therefore, the Planning Commission's staff recommends that Bill No. 060443 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing none, I will ask Mr. Abernathy to read the title of the next bill.
Bill No. 18 060468, an ordinance authorizing the paving of Epiphany Place, under certain terms and conditions.
Good afternoon, Mr. Chairman and members of the Committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets 90 6/7/06 - STREETS - BILL 051095, ETC. would like to offer the following testimony on Bill No. 060468. This is not an administrative ordinance, but an ordinance requested by Mr. Raymond Wittekind, Jr., Harry Blackburn & Associates, PC, 1528 Walnut Street, 9th Floor, Philadelphia, PA 19102. The purpose of this ordinance 11 is to pave Epiphany Place to construct 12 single-family residences, along with a cul-de-sac providing access to these residences. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action. COUNCILMAN DiCICCO: Thank you. Any questions for these -- yes, sir. Councilman Rizzo.
Just a curiosity question. When we do these ordinances, does that include the restriping of the 91 6/7/06 - STREETS - BILL 051095, ETC. crosswalks that may be required?
Correct. This is for placing a new street, and that would be included in it.
So in other words, they don't pave and we come and do that? It's a turnkey?
Thank you. Thanks, Mr. Morelli. Thanks, Mr. Chairman. COUNCILMAN DiCICCO: Thank you. Any other questions for this witness from the Committee? (No response.) COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? (No response.) COUNCILMAN DiCICCO: Seeing 92 6/7/06 - STREETS - BILL 051095, ETC. none, this concludes the public hearing on the Committee of Streets and Services. I will now ask Councilman Ramos -- I don't know if you were here earlier, Councilman. Bill No. 060152 is being held to a date certain and Bill No. 8 051095 is also being held. All other bills are being called up and a suspension is being requested for all other bills as well. So I will ask you to read the title of the first bill, which is 060472.
Thank you, Mr. Chairman. I move that Bill No. 16 060435 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 24 060435 be reported out of this Committee with a favorable recommendation, a 93 6/7/06 - STREETS - BILL 051095, ETC. further 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 11 is approved. I apologize. There may be a technical issue. We concluded the public hearing. We are now into the public meeting. For the purposes of the record, I would ask Councilman Ramos that we redo that bill.
I move that Bill No. 060435 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. 94 6/7/06 - STREETS - BILL 051095, ETC. (Duly seconded.) COUNCILMAN DiCICCO: It's been properly moved and seconded that Bill No. 5 060435 be reported out of this Committee with a favorable recommendation and 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 15 is approved. Councilman Ramos.
I move that Bill No. 060436 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has 95 6/7/06 - STREETS - BILL 051095, ETC. been properly moved and seconded that Bill No. 060436 be reported out of this Committee with a favorable recommendation and 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 14 is approved. Councilman Ramos.
I move that Bill No. 060437 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that 96 6/7/06 - STREETS - BILL 051095, ETC. Bill No. 060437 be reported out of this Committee with a favorable recommendation and 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 13 is approved. Councilman Ramos.
I move that Bill 060439 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060439 be reported out of this Committee with a favorable recommendation 97 6/7/06 - STREETS - BILL 051095, ETC. and 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 11 is approved. Councilman Ramos.
I move that Bill No. 060443 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060443 be reported out of this Committee with a favorable recommendation and that the rules of Council be 98 6/7/06 - STREETS - BILL 051095, ETC. suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 10 is approved. Councilman Ramos.
I move that Bill No. 060447 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060447 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. 99 6/7/06 - STREETS - BILL 051095, ETC. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 9 is approved. Councilman Ramos.
I move that Bill No. 060467 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060467 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by 100 6/7/06 - STREETS - BILL 051095, ETC. saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 8 is approved. Councilman Ramos.
I move that Bill No. 060468 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060468 be reported out of this Committee with a favor recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) 101 6/7/06 - STREETS - BILL 051095, ETC. COUNCILMAN DiCICCO: Those opposed? (No response.) COUNCILMAN DiCICCO: The bill 6 is approved. Councilman Ramos.
I move that Bill No. 060471 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060471 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those 102 6/7/06 - STREETS - BILL 051095, ETC. opposed? (No response.) COUNCILMAN DiCICCO: The bill 5 is approved. Councilman Ramos.
I move that Bill No. 060472 be reported out of Committee with a favorable recommendation and further move that the rules of Council be suspended to permit first reading of this bill at our next Council meeting. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 060472 be reported out of this Committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. (Aye.) COUNCILMAN DiCICCO: Those opposed? 103 6/7/06 - STREETS - BILL 051095, ETC. (No response.) COUNCILMAN DiCICCO: The bill 4 is approved. This concludes the public meeting on the Committee of Streets and Services. Thank all those in attendance and thank my colleagues for filling in when we need you the most. Thank you. (Committee on Streets and Services adjourned at 3:50 p.m.) - - - 104 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 June 7, 2006, 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.)