COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING BEFORE THE COMMITTEE ON STREETS AND SERVICES - - - Room 400 City Hall Philadelphia, Pennsylvania Thurs., 3/19/98, 2:20 p.m. - - - Bill No. 970818 - Authorizing, directing revision of lines, grades on portion of City Plan No. 58. Bill No. 980020 - Authorizing Liberty Trust, developer of Franklin Parcel No. 1, to construct and maintain upper curvilinear building. Bill No. 980021 - Authorizing revision of lines and grades on a portion of City Plan No. 308. Bill No. 980023 - Authorizing revision of lines and grades on portion of City Plan No. 44. Bill No. 980044 - Authorizing, directing placing on City Plan No. 283 of a certain right-of-way. Bill No. 980045 - Authorizing, directing revision of lines, grades on portion of City Plan No. 307. Bill No. 970823 - Establishing a parking regulation on Gross Street. Bill No. 980043 - Authorizing R. Simpson, owner of property at 5838 Race St., to construct and maintain one-story masonry garage. Bill No. 980046 - Authorizing Kaiserman Co., 325- 41 Chestnut, to construct, maintain 8 planters. Bill No. 980111 - Amending Section 12-2405 of the Philadelphia Code. PRESENT: COUNCILMAN FRANK DICICCO, Chairman COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DAVID COHEN COUNCILWOMAN ANNA CIBOTTA VERNA COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN FRANK RIZZO - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 2 COMMITTEE ON STREETS AND SERVICES I N D E X PAGE Bill No. 970818 Paul Lonie, Survey Bureau Manager, Streets Department. . . . . . . . . . . . . . 4 Marty Soffer, City Planning Commission. . . . 4 Cardel Blue, Deputy Director of Development Philadelphia Housing Authority. . . . . . . . 5 Bill No. 980020, 980021 Paul Lonie, Survey Bureau Manager, Streets Department. . . . . . . . . . . . . . 9 Marty Soffer, City Planning Commission. . . . 10 Paul Degan, Vice President, PDIC. . . . . . . 11 Bill No. 980023 Paul McCloskey, Water Department. . . . . . . 20 Marty Soffer, City Planning Commission. . . . 22 James Murphy, Property Owner. . . . . . . . . 23 Bill No. 980044 Paul McCloskey, Water Department. . . . . . . 26 Bill No. 980045 Paul Lonie, Survey Bureau Manager, Streets Department. . . . . . . . . . . . . . 28 Marty Soffer, City Planning Commission. . . . 29 Bill No. 970823 Catherine Confair, Parking Authority. . . . . 30 Bill No. 980043 Mike Longshore, Streets Department. . . . . . 32 Bill No. 980046 Mike Longshore, Streets Department. . . . . . 34 3 COMMITTEE ON STREETS AND SERVICES - BILL NO. 970818 P R O C E E D I N G S
Would the members of the Streets and Services Committee who are in their offices come down to the Council chambers, We are about to begin. Thank you. Good afternoon. The Committee on Streets and Services is now in session. In attendance with me this afternoon are Councilwoman Miller, Councilwoman Blackwell, and Councilman Cohen. Once the -- as soon as the clerk gets a chair, she will read the title of the first bill. And thank you for your patience.
Bill No. 970818, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 17 58, by placing on the City Plan Parrish Street from 9th Street to 12th Street, Brown Street from 10th 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 4 COMMITTEE ON STREETS AND SERVICES - BILL NO. 970818 encumbrances, of the beds of the streets being placed on the City Plan by this ordinance. (Paul Lonie comes forward.)
Good afternoon. My name is Paul Lonie, and I would like to present the following testimony for Bill No. 970818 for the Department of Streets. This is not an Administration ordinance, but an ordinance requested by Mr. Cardel V. Blue, Deputy Director for Development of the Philadelphia Housing Authority. The purpose of this ordinance is to grant the authority to place on the City Plan five streets to facilitate residential development. This ordinance is supported by the Streets Department and is recommended to your committee for favorable action. (Martin Soffer comes forward.)
Good afternoon, members of the committee. My name is Marty Soffer, from the 5 COMMITTEE ON STREETS AND SERVICES - BILL NO. 970818 City Planning Commission. The proposed ordinance authorizes the placement on the City Plan of several streets located in the West Poplar section of North Philadelphia. The purpose of this ordinance is to provide street frontage as part of the Philadelphia Housing Authority's modernization of the Richard Allen Homes. Therefore, by action at its meeting on January 15, 1998, the Planning Commission recommends that Bill No. 970818 be approved. Thank you. (Cardel Blue comes forward.)
Good afternoon, Councilman DiCicco and Members of the Streets and Services Committee. My name is Cardel Blue. I'm the Deputy Director of Development at the Philadelphia Housing Authority. I'm here to testify in support of Bill 23 No. 970818. We respectfully request that this bill be passed because it helps us with a larger revitalization effort of the Richard Allen Homes. 6 COMMITTEE ON STREETS AND SERVICES - BILL NO. 970818 It will allow the Richard Allen Homes to be integrated into the larger community that surrounds it. Also, with the new houses that we are building, these new houses, the town houses will be facing the streets which are placed in there, and now they do not presently do that. This is also a part of a development where we will be converting and demolishing 600 units and reducing the density to 328 units. And this particular renaming of the streets and placing the City streets in service will facilitate the development. We respectfully request that it be passed and that the rules be suspended. Thank you.
Thank you. Are there any questions from the committee? Councilman Cohen?
Is there any financial impact on the City as a result of the passage of this bill?
No, there is no impact on the City. 7 COMMITTEE ON STREETS AND SERVICES - BILL NO. 970818
Thank you. I was born in Richard Allen, and I've been involved in one of the committees that deals with this issue. And I can only say it's been a long time coming, and we're glad to finally get to this point. And it will be a great project to finally improve the conditions down there and do some senior-citizen housing off-site. And it's a great project, Mr. Chairman.
Just to follow through with this, why was it said at the beginning that this is not an Administration bill?
An Administration ordinance 20 is one that basically is fostered by the Department of Streets or one of the operating departments. There's a lot of conditions involved in a bill of this nature that the Housing Authority is taking on those responsibilities, and it's not a part of this City. 8 COMMITTEE ON STREETS AND SERVICES - BILL NO. 970818 That's why it's not an Administration ordinance.
Oh, it doesn't in any way indicate any dissatisfaction --
Okay, thank you very much. It sounds like a great idea.
See, my colleague's looking for a fight. Let the record reflect that we have been joined by Council Members Rizzo and Nutter. Are there any questions, any other questions for these witnesses from any members of the committee? (No questions.)
Is there anyone else here who wishes to testify for or against the bill? (No response.)
Before I go on to the next bill, I would like to, with the 9 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980020 committee's approval, take all the bills that may be germane to the Streets Department so that you guys don't have to get up and sit down and back and forth, and we'll just take them in that order, even though they may be out of order. And I think we'll move along a lot more quickly that way, thank you. The Clerk will read the title of the next bill.
Bill No. 980020, an ordinance authorizing Liberty Trust, developer of Franklin Parcel No. 1, located at 16th and Vine Streets, to construct and maintain an upper curvilinear building and facade encroachment over the south footway of Vine Street, between 16th Street and 17th Street, all under certain terms and conditions.
Good afternoon, Councilman DiCicco and members of the committee. My name is Paul Lonie. I'm the Survey Bureau Manager. I'd like to present the following testimony on Bill 23 No. 980020 for the Department of Streets. Again, this is not an Administration ordinance, but an ordinance requested by Mr. John 10 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980020 S. Gatuso, Senior Vice President of Liberty Property Trust, 380 Second Avenue South, Suite 390, Minneapolis, Minnesota. The purpose of this ordinance is to grant an easement along Vine Street and 16th Street which would benefit the Three Franklin Plaza site. The easement would allow the development of the proposed Three Franklin Plaza Building to extend that proposed building that will encroach into the air rights above the City street. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
This proposed ordinance, Bill No. 98 -- well, they're the two companion bills -- 980020 and 980021. The proposed ordinance will authorize the striking and the vacating of portions of the southerly side of the 1600 block of Vine Street and the westerly side of the 200 block of North 16th Street. It also authorizes the creation of an 11 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980020 automobile lay-by lane along the south side of Vine Street, 40 feet west of 16th Street. The purpose of these two companion ordinances is to permit the construction of a 6-story, 34,000 square foot SmithKline Beecham office building. Therefore, by action at its meeting on March the 5, 1998, the Planning Commission recommends that both Bill 980020 and 980021 be approved. Thank you. (Paul Deegan comes forward.)
Good afternoon. Paul Degan, Vice President of PDIC. I am also here to support both bills, 980020 and 021. These bills will authorize -- the first bill authorizes the change in the City Plan, the 1600 block of Vine Street, to facilitate the construction of the new headquarters building for the SmithKline Corporation. As you may know, this is the first major office building to be developed in Center 12 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980020 City since the early 1990's. It's a $30.5 million project. SmithKline is a Fortune 500 company, and they expect that this will create 500 jobs in the City. You may recall that in December 1987, City Council approved Bill No. 970580, which authorized the tax increment financing district for this project. I ask that the committee consider both favorably, and that they be reported out of the next regularly scheduled meeting of the Council.
Since the building is there, they're underway, breaking ground out there.
Are there any questions from the committee of these witnesses? Councilman Cohen?
I'm back on the same question. Why do you say it's not an 13 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980020 Administration bill? To us in City Council, any bill that carries the support of the various authorities -- it's -- the Streets Department is not the City Administration; it's the Streets Department. If the bill has not originated from the Streets Department, I think it would be appropriate to say this bill was not originated by the Streets Department, you know. And if you wanted to, you could explain why it comes under another department. To us, a private bill is -- I, as a Council Member, introduce a bill and know that the City agencies are officially supporting it. And that makes it, you know, not an Administration bill. But if it comes from any agency under the direction of the Mayor, you know, with the support of that agency, they wouldn't be presenting it if they didn't have the support of the Mayor, and it is an Administration bill. So, Mr. Chairman, respectfully, it's just confusing to hear that it's not an Administration bill and then to have City agencies 14 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980020 -- and we consider PDIC a City agency, even though technically, under some circumstances, it might not be so considered. So I would urge that the Streets Department think about it. Discuss it with the City Solicitor if you want to or have to. But I just find it very confusing to be told it's not an Administration bill, because then, to me, it seems like a private-interest bill 11 introduced by a Council Member at the behest of some citizen, when the City officially and all of its departments cannot sponsor the bill because it has a disagreement with the bill. So, Mr. Chairman, I would hope we follow through. I just find it difficult to accept that terminology. And I see Councilwoman Blackwell is shaking her head in agreement, I think -- or nodding her head.
Yes, I agree with that because we really -- it is confusing because we have no way of knowing.
Okay. Can I give testimony to answer that? 15 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980020
This bill is at the private request of an individual submitted through the District Council person. The Department of Streets acts only as a facilitator. I write the bill -- the ordinance, but then it's given back to this private individual who, in turn, gives it to the District Councilperson. If this is a bill sponsored by one of the operating departments, it's transferred from the Managing Director directly to the Mayor for submission through the Council President. And that's what this process is. And what we do is, we try to negotiate all of the problems out of it before it's introduced into Council for the approval of everyone here. But it is basically done simply by a private individual through their District Councilman. That's the difference between an Administration and a private-interest ordinance.
That would make it clear. And I thank you for that explanation.
The Chair 16 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980020 recognizes Councilman Rizzo.
Just in an effort to keep it simple. Is the language that you're doing -- using required for you to use? Were you told by the City Solicitor that you must make that statement, or is it something you can just forget and not cause the confusion?
This language is not in the ordinance itself. This language is only in the introductory letters and the letters approved by the Law Department. And, again, just for clarification, the difference between the two is from a technical standpoint. There's a lot of conditions we're asking the private individuals to take on, a lot of liability in these private-interest ordinances that we would have to take on ourselves. So we're asking these people to take on the liability issues involved, so that if someone comes back and sues the City, they would have to hold us harmless in that case. An administrative ordinance carries no 24 such responsibility to anybody but us. So what it's really for is to protect the City's interest 17 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980021 in this type of a problem.
Which causes you to have to do the introduction as such for the record?
Thank you. Any other questions for these witnesses from the committee? (No further questions at this time.)
Is there anyone else here who wishes to testify for or against the bill? (No response.)
Bill No. 980021, an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308; in particular Vine Street between 16th Street and 17th Street and 16th Street south of Vine Street, under certain terms and conditions.
Good afternoon again, Mr. 18 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980021 Chairman. My name is Paul Lonnie, I'm the Survey Bureau Manager. And I'd like to present the following testimony on Bill No. 980021. This is not an Administration ordinance 6 but an ordinance requested by Mr. John S. Gatuso, Senior Vice President of Liberty Property Trust, 380 Second Avenue South, Suite 390, Minneapolis, Minnesota. The purpose of this ordinance is to revise the lines and grades on Vine Street and 16th Street. This will permanently remove any encroachment by this development into the street right-of-way. When this bill is confirmed by the Board of Surveyors, the preceding bill will no 17 longer be necessary.
Good afternoon, Mr. Chairman and members of the committee. My name is Paul Deegan, Senior Vice President of PDIC. And I would like to incorporate the testimony I gave on the previous bill for this bill also. It's basically the same project. As Mr. Lonie stated, they need an encroachment 19 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980021 ordinance during the period when the City Plan is being changed. Then when the City Plan is permanently changed by this bill, then the encroachment ordinance will no longer be needed. But both bills are needed to make possible the construction of this building by SmithKline.
And I assume that you're asking for suspension of the rules because it's a companion to Bill No. 980020.
Are there any questions of these witnesses from the committee? (No further questions at this time.)
Is there anyone else here who wishes to testify for or against the bill? (No response.)
Thank you. The Clerk will read the title of the next bill.
Bill No. 980023, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 20 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980023 44 by striking from the City Plan and vacating Lancaster Avenue from 33rd Street to 34th Street, by reserving a 40-foot-wide portion of the bed of former Lancaster Avenue as a right-of-way for drainage purposes and water main purposes, and by reserving a triangular portion of the bed of former Lancaster Avenue as a right-of-way for drainage purposes, water main purposes, and gas purposes, all under certain terms and conditions. (Paul McCloskey comes forward.)
Good afternoon, Councilman DiCicco. My name is Paul McCloskey, I'm from the Water Department of the City of Philadelphia. This Bill No. 980023 authorizes the striking and vacating of Lancaster Avenue, which legally opens 70 feet wide, from 33rd to 34th Street. This block of Lancaster Avenue is a combination of a one-story business, seven residences, tennis courts, buildings, university, open park areas, and a garden area. Physically, the street only runs from 21 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980023 33rd to east of 34th Street. The street is being stricken at the request of the abutting owners so that it can become a private access to their properties. In order to provide continuous services to the surrounding properties, it is necessary to retain existing City utilities. Hence, the ordinance also establishes a 40-foot-wide right-of-way for sewer, water mains, and gas mains to allow the Water Department and Philadelphia Gas Works legal access for maintenance, repair, and construction to the existing facilities. The right-of-way shall run from 33rd Street to east of 34th. We recommend that this bill favorably be reported out of committee and given a first read at the next scheduled session of Council.
Mr. Chairman and Members of the Committee, my name is Marty Soffer, from the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and the vacating of a paper street in the Powellton Village section of 22 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980023 West Philadelphia. The purpose of this ordinance is to remove the encumbrance of a paper street, and it will grant all abutting property owners title and ownership of the land to the center line of the former street. This will remain as a right-of-way, with no anticipation of any construction. Therefore, by action as its meeting on March 19, 1998, the Planning Commission recommends that Bill No. 980023 be approved. Thank you.
Thank you. Any questions for these witnesses from the committee? (No questions.)
Anyone else here who wishes to testify for or against the bill? Sir? (James Murphy comes forward.)
You have to get close to the mike also, sir, and speak directly 23 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980023 into it. Thank you.
Good afternoon, Mr. Chairman, members of the committee. My name is James Murphy. I am a property owner of land abutting the Lancaster Avenue right-of-way. I'm also the party of interest in this bill. I represent the property owners abutting the above-referenced Department of Streets right-of-way that exists between 33rd and 34th Street in Philadelphia, PA. In accordance with their interests, I am here to request your support of the ordinance and bill 980023. As a representative of the property owners, I would like to take this opportunity to list those that have reviewed and supported the ordinance as follows: City of Philadelphia City Planning Commission; the Honorable Jannie Blackwell; City of Philadelphia Streets Department; City of Philadelphia Water Department; Bell Atlantic; Drexel University, with the personal signature of Constantine Pappadakis, President, and Anthony Cannaris, Senior Vice President; the property owners of land abutting the right-of-way; the 24 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980023 Powellton Village Civic Association; and Abdul Maleek Muhammad (ph), Lancaster Avenue Business Association. The property owners abutting the above-referenced Department of Streets right-of-way have executed and notarized an agreement to strike the right-of-way agreement. We have been working on this agreement for three and a half years and a feel great satisfaction in reaching a common goal. Your support in this matter will be greatly appreciated.
Thank you. The Chair recognizes Councilwoman Blackwell.
Mr. Murphy has been contacting our office for quite some time, as you can imagine. And the neighbors are concerned that the area in question has been used as a parking lot and has created a lot of neighborhood congestion. And they're really, really glad to resolve this matter. Certainly I have copies of drawings and any information if the Chair would like to have 25 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980044 it. And we're very happy to support the neighbors and the community organizations in the area in this matter.
Thank you. Any other questions for these witnesses from the committee? (No questions.)
Is there anyone else here who wishes to testify for or against the bill? (No response.)
Hearing none, the Clerk will read the title of the next bill. Thank you.
Bill No. 980044, an ordinance authorizing and directing the placing on City Plan No. 283 of a certain right-of-way for drainage purposes and water main purposes, extending from Wissahickon Avenue eastwardly and northwardly to Roberts Avenue and eastwardly southwardly and northwardly therefrom, under certain terms and conditions, including the dedication to the City free and clear of all encumbrances of the bed of the right-of-way being. COMMITTEE ON STREETS AND SERVICES - BILL NO. 980044 Being placed on the City Plan by the authority of this Ordinance.
Yes, good afternoon again. My name is Paul McCloskey. I'm with the City of Philadelphia Water Department. Bill No. 980044 authorizes the placement of a fork-shaped 50-foot-wide right-of-way on the City Plan within the confines of two properties at the northeast corner of Wissahickon and Roberts Avenue. The properties were a former site of Midvale Steel Company and George W. Bannion (ph) Company. These two companies entered into an agreement with the City on March 15, 1900 for the production of storm and sanitary sewers within the confines of the properties. The agreement was authorized by an ordinance of City Council dated June 28, 1899. The Midvale Steel Company area is now owned by SEPTA. The Bannion area is owned by 4301 Wissahickon Avenue, Inc. This ordinance authorizes the placement of these right-of-way's on the bulk of the City utilities on City Plan. Further, in order to 27 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980044 develop the property, SEPTA requested that a straight section of the existing utilities be relocated into a U-shape through their property. The relocation of the utilities are required to accommodate the construction of the (unintelligible) bus station. The relocation of the utilities were performed at SEPTA's cost. Since the utility relocation are partly within 4301 Wissahickon Avenue property, any claim for devaluation of property filed by this corporation shall be the responsibility of SEPTA. We recommend that the bill be favorably reported out of committee and given a first reading at the next session.
Any questions for this witness from the committee? (No questions.)
Anyone else here who wishes to testify for or against the bill? (No response.)
Hearing none, the Clerk will read the title of the next bill.
Bill No. 980045, an ordinance authorizing and directing the revision 28 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980045 of lines and grades on a portion of City Plan No. 3 307 by striking from and vacating Spring Street from 13th Street to Clarion Street, under certain terms and conditions.
Good afternoon, Mr. Chairman and members of the committee. My name is Paul Lonie, and I'm the Survey Bureau Manager. I'd like to present the following testimony for Bill No. 980045 for the Department of Streets. This is not an Administration ordinance 12 but an ordinance requested by Mr. P. Zaccaro, of P. Zaccaro Company, Incorporated, Real Estate Investment and Management, 218 Lafayette Street, New York, New York. Spring Street, 12-feet-wide from 13th Street to Clarion is on the City Plan, legally open and improved. The purpose of this ordinance is to grant the authority to strike Spring Street so that a 270-room affordable hotel serving the Philadelphia Convention Center can be constructed. The Streets Department has no objection to this ordinance. We recommend it to your committee for favorable action. 29 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980045
Good afternoon, Chairman and Members of the Committee. The proposed ordinance authorizes the striking from the City Plan and the vacating of a minor, unneeded street in Center City. The purpose of this ordinance is to assist the developer to assemble a parcel of land for the construction of a 270-room, 11-story Fairfield Inn. Therefore, by action of its meeting on March 5, 1998, the Planning Commission recommends that Bill No. 980045 be approved. Thank you.
Any questions for these witnesses from the committee? (No questions.)
Is there anyone else here who wish to testify for or against the bill? (No response.)
Hearing none, the Clerk will read the title of the next bill.
Bill No. 970823, an ordinance establishing a parking regulation on 30 COMMITTEE ON STREETS AND SERVICES - BILL NO. 970823 Gross Street, west side, Vine Street to Callowhill Street. (Catherine Confair comes forward.)
Good afternoon. My name is Catherine Confair. I'm an analyst with the Philadelphia Parking Authority. Bill No. 970823, introduced by Councilman Nutter, by request. This bill 10 establishes a parking regulation on Gross Street, west side, Vine Street to Callowhill Street. This new regulation has been in effect for a period of at least eight months, with no apparent problems. The Philadelphia Parking Authority recommends favorable consideration of this bill.
I was going to ask the same question. Where is Gross Street?
Thank you. Any questions -- I go to Overbrook, but I've never 31 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980043 been to Gross Street.
Any questions for this witness from the committee? (No questions.)
Is there anyone else here who wishes to testify for or against the bill? (No response.)
Hearing none, the Clerk will read the title of the next bill. Thank you.
Bill No. 980043, an ordinance authorizing Rosalyn Simpson, owner of the property located at 5838 Race Street, to construct and maintain a one-story masonry garage addition encroaching three feet onto the west footway of Hobart Street and a six-foot masonry wall encroaching two feet onto the west footway of Hobart Street, each adjacent to the property at 5838 Race Street, all under certain terms and conditions. (Mike Longshore comes forward.)
Please identify 32 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980043 yourself for the record.
Good afternoon, Council and Councilman DiCicco. My name is Mike Longshore, I'm with the Streets Department. I'm here in reference to Bill No. 980043. This is not an administrative ordinance 8 but an ordinance requested by Rosalyn Simpson, 5838 Race Street, Philadelphia, PA, 19139, who is the owner of the property. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain a one-story masonry garage addition encroaching three feet over to the west footway of Hobart Street and a six-foot masonry wall encroaching two foot onto the west footway of West Hobart Street, each adjacent to the property known as 5838 Race Street. This ordinance is supported by the Department of Streets and recommended to your committee for favorable action.
Thank you. Any questions for this witness? Councilman Nutter?
Thank you. Not so much a question, but I wanted to thank Mr. 33 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980043 Longshore for his work. This has been a somewhat complicated situation for Miss Simpson. She has been incredibly helpful and patient. She has a property which is a corner property on Race and Hobart, so the front of her property is on Race Street, but the garage on the back of her property actually fronts on Hobart Street. There was a fair amount of confusion when she initially tried to take care of this matter, but it is clearly an improvement, and it will not impede the public access on the sidewalk on Hobart Street. And I strongly support this particular bill.
The Chair thanks Councilman Nutter for his comments. Are there any other questions of this witness from the committee? (No questions.)
Is there anyone else here who wishes to testify for or against the bill? (No response.)
Hearing none, the 34 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980046 Clerk will read the title of the next bill.
Bill No. 980046, an ordinance authorizing Kaiserman Company, Incorporated, Suite 300, 201 South 18th Street, Philadelphia, PA, 19103, owner of the property is located at 325 through 41 Chestnut Street, Philadelphia, PA, 19106, to construct and maintain eight planters on the portion of the east footway of Fourth Street north of Chestnut Street, under certain terms and conditions.
Good afternoon again, Council. My name is Mike Longshore, representing the Streets Department in reference to Bill No. 15 980046. This is not an Administration ordinance 17 but an ordinance requested by Kaiserman Company, Incorporated, 201 South 18th Street, Philadelphia, Pennsylvania, 19103, the owner of the property located at 325 to 341 Chestnut Street, Philadelphia, PA, 19106. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain eight planters on the portion of the east footway of Fourth Street north 35 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980046 of Chestnut Street. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Thank you. Any questions from the committee for this witness? The Chair recognizes Councilman Rizzo.
Actually, Councilman Rizzo, these are very small planters compared to what I've seen out there. I believe they're 14 inches high and approximately 18 inches wide. 15
They're individual -- eight planters. That's the makeup of it. They look like small flower pots, actually.
What oversight do we have that they're going to be maintained in a nice way, that they're not going to become a trash bin in the area? How do you assure -- how is the 36 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980046 Streets Department assured that these aren't just going to become trash receptacles?
Basically, what we do if this bill is voted on favorably by Council, our Law Department drafts an agreement with the owner of the company, and those clauses are put in there that they're maintained and kept free of debris. If not, then the permission to place them on the footway could be revoked.
Just for the record, so my colleague understands, the Kaiserman Company has made a major investment in purchasing that property within the last couple of years, I believe. They've done some major improvements to the property that was once rather vacant and sat across from the Independence Park area, the historic area. They have a retail establishment now on the ground floor at the corner of Third and Chestnut, which is Xando, the coffee shop.
Fourth, I'm sorry, 37 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980046 at Fourth and Chestnut. This is all designed to enhance the appearance of that particular location, and I have every confidence that the Kaiserman Company will do all they can to continue to maintain the integrity of that section. And if you've been down there, especially at night when the weather is nice, the doors to the Xando are literally open, people are dining out onto the sidewalk, and it's very attractive, and this will enhance the appearance dramatically. A question from Councilman Cohen.
More of an observation. I notice from Councilman Rizzo that the bill itself on has a subparagraph e. in section 2, requiring the Kaiserman Company to keep planters free from dead plants and trash. So it's quite clear that the City was very concerned about the maintenance.
Thank you. Any other questions from the committee for this 38 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980111 witness? (No questions.)
Is there anyone else who wish to testify for or against the bill? (No response.)
Hearing none, the Clerk will read the title of the next bill.
Bill No.'s 980050, 980051, and 980052 are being withdrawn at the request of the sponsor. And Bill No. 980110 is being held at the request of the sponsor. Bill No. 980111 is an ordinance 15 amending Section 12-2405 of the Philadelphia Code, entitled "Removal or Immobilization of Parked Vehicles; Notice," by authorizing the towing or immobilization of any vehicle parked in violation of section is 12-902(1)(a) of the Code, which prohibits the parking of a vehicle upon any roadway for the purpose of displaying such vehicle sale.
Is there anyone here to testify for or against the bill? (No response.) 39 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980111
I know it's my bill, and I'm going to ask for a suspension of the bill.
It can be either booted or towed. The streets of Philadelphia in some neighborhoods are becoming used car lots. And when I see the Jersey tags on those cars, it makes me even more frustrated. My cellular phone has made a lot of calls to Jersey lately.
I would just suggest for your consideration either an amendment to this bill or another bill extending its provision to cars parked on the sidewalk, because I've been offended by the same thing you have, but sometimes what they do is to put the car right next to the street on the sidewalk, you know, impeding the 40 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980111 passenger traffic as well. But can we wait for another bill 'cause I think --
I believe that there's an ordinance now which prohibits parking on the sidewalk, so I think that would cover this. Whether it's for sale or not, it is illegal to park on the sidewalk. This just deals specifically with the business of selling cars on the street.
Yes. If anything, the majority of the used car businesses would benefit from this bill because what I have seen in my experience, driving through the streets of my district and in Philadelphia, many people have begun to set up a business without the necessary licensing on the street and the legitimate used-car dealers, you can't compete with that person. So that's one of the reasons for this bill in addition to the fact that they remain there for days and weeks, sometimes months on 41 COMMITTEE ON STREETS AND SERVICES - BILL NO. 980111 end. The trash builds up. They're also being used to store drugs and a lot of other illegal activities. So I think we need to rid the streets of as many used cars or cars for sale as we possibly can. I think this will be helpful to the legitimate used-care people.
Absolutely. It would apply to them unless they've had some -- an agreement or legislation that would permit them to sell within a certain boundary of the sidewalk. And I don't know if there are any that exist, but they too would come under this bill. I can think of a gentleman on Ridge Avenue who has a used-car lot but also puts his cars on the sidewalk and onto the roadway. My guess is, he doesn't have permission to do that, so it would apply to him also. Any questions? (No questions.)
This concludes the public hearing. 42 COMMITTEE ON STREETS AND SERVICES - PUBLIC MEETING - - -
We will now move into the public meeting. Maybe for the sake of time, rather than just keeping recognizing people, we'll just recognize one person as the person to introduce the motion. Is that okay?
All right. The Chair recognizes Councilwoman Miller for a motion on Bill No. 970818.
Thank you, Mr. Chair. I make a motion that Bill No. 970818 be reported out of this committee with a favorable recommendation, and we're requesting that the rules be suspended so as to allow first reading. (Duly seconded.)
It has been properly moved and seconded that Bill No. 970818 be reported out of committee with a favorable recommendation and that the rules be suspended. All those in favor of the bill, signify by saying aye. Those opposed, say nay. The bill is approved. Bill No. 970818 43 COMMITTEE ON STREETS AND SERVICES - PUBLIC MEETING is approved. - - -
The Chair recognizes Councilwoman Miller for a motion on Bill No. 970823.
I make a motion that Bill No. 970823 be reported out of this committee with a favorable recommendation -- with a favorable recommendation. (Duly seconded.)
It has been properly seconded Bill NO. 970823 be voted out of committee with a favorable recommendation. All those in favor signify by saying aye. Nay? Bill No. 970823 is approved - - -
The Chair recognizes Councilwoman Miller for a motion on Bill No. 980020.
Thank you, Mr. Chairman. I move that Bill No. 9800020 (sic) be reported out of committee with a favorable 44 COMMITTEE ON STREETS AND SERVICES - PUBLIC MEETING recommendation.
Okay. I move that Bill No. 980020 be reported out of this committee with a favorable recommendation and a suspension of the rules as to allow first reading at our next Council session. (Duly seconded.)
It's been properly moved and seconded that Bill No. 980020 be reported out of committee with a favorable recommendation. All those in favor signify by saying aye. Nay? It's approved, Bill No. 980020 is approved - - -
The Chair recognizes Councilwoman Miller for a motion on 45 COMMITTEE ON STREETS AND SERVICES - PUBLIC MEETING Bill No. 980021.
Thank you, Mr. Chair. I move that Bill No. 980021 be reported out of this committee with a favorable recommendation and a suspension of the rules so as to permit first reading at our next session. (Duly seconded.)
It's been properly moved and seconded that Bill No. 980021 be reported out of committee with a favorable recommendation. All those in favor signify aye. Nay? Bill No. 980021 is reported out of committee with a favorable recommendation and also that the rules of Council be suspended - - -
The Chair recognizes Councilwoman Miller for a motion on Bill No. 980043.
I move that Bill 25 No. 980023 be reported out of this committee with 46 COMMITTEE ON STREETS AND SERVICES - PUBLIC MEETING a favorable recommendation with a suspension of the rules so as to permit first reading at our next regularly scheduled Council session. (Duly seconded.)
It's been properly moved and seconded that Bill No. 980023 be reported out of committee with a favorable recommendation. All those in favor, signify by saying aye. Nay? Bill No. 980023 is approved. - - -
The Chair recognizes Councilwoman Miller for a motion on Bill No. 980043.
Okay. I move that Bill No. 980043 be reported out of committee with a favorable recommendation and a suspension of the rules so as to permit first reading at our next Council session. (Duly seconded.)
It's been properly moved and seconded that Bill No. 980043 be reported out of committee with a favorable 47 COMMITTEE ON STREETS AND SERVICES - PUBLIC MEETING recommendation and that the rules of Council be suspended. All in those in favor, signify by saying aye. Nay? Bill No. 980043 is approved - - -
The Chair recognizes Councilwoman Miller for a motion on Bill No. 980044.
I move that Bill 12 No. 980044 be reported out of this committee with a favorable recommendation.
Excuse me. Is there a request for suspension on this one?
With a request to suspend the rules suspend so as to permit first reading at our next regularly scheduled Council session. (Duly seconded.)
It's been properly 48 COMMITTEE ON STREETS AND SERVICES - PUBLIC MEETING moved and seconded that Bill No. 980044 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor signify by saying aye. Nay? Bill No. 980044 is approved - - -
The Chair recognizes Councilwoman Miller for a motion on Bill No. 980045.
Thank you, Mr. Chair. I move that Bill No. 980045 be reported out of this committee with a favorable recommendation and a suspension of the rules as to permit first reading at our next scheduled Council session. (Duly seconded.)
It's been properly moved and seconded that Bill No. 980045 be reported out of committee with a favorable recommendation, and that the rules of Council be suspended. All those in favor, signify by saying 49 COMMITTEE ON STREETS AND SERVICES - PUBLIC MEETING aye. Nay? Bill No. 980045 is approved. - - -
The Chair recognizes Councilwoman Miller for a motion on Bill No. 980046.
I move that Bill 10 No. 980046 be reported out of this committee with a favorable recommendation and a suspension of the rules as to permit first reading at our next session. (Duly seconded.)
It's been properly moved and seconded that Bill No. 980046 be reported out of committee with a favorable recommendation, that the rules of Council be suspended. All those in favor, signify by saying aye. Nay? Bill No. 980046 is approved. - - -.
The Chair 50 COMMITTEE ON STREETS AND SERVICES - PUBLIC MEETING recognizes Councilwoman Miller for a motion on Bill No. 980111.
Thank you, Mr. Chair. I move that Bill No. 980111 be reported out of this committee with a favorable recommendation and a suspension of the rules as to permit first reading at our next regularly scheduled Council session. (Duly seconded.)
It's been properly moved and seconded that Bill No. 980111 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor, signify by saying aye. Nay? Bill No. 980111 is approved. - - -
This concludes the Committee on Streets and Services. Thank you all, especially the Committee. (Adjourned at 3:00 p.m.) - - - 51 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, March 19, 1998 were reported and accurately by me, and that this is a correct transcript of same. RE: Committee on Streets and Services Bill No.'s 970818, 970823, 980020, 980021, 980023, 980043, 980044, 980045, 980046, 980111. __________________________________, JOSEPHINE CARDILLO, RPR