Committee Hearing, May 13, 1998

m. - 980120, 980146, 980162, 980165, 980166, 980169, 980192, 980210, 980229, 980237, 980243, 980244, 980269, 980272, 980276, 980302, 980308, 980309, 980310, 980313, 980336, 980337, 980338, 980339, 980340, 980341, 980373, 980374, 980375, 980376, 980377 - - - PRESENT: COUNCILMAN FRANK DiCICCO, Chair COUNCILMAN DAVID COHEN, Vice Chair COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN FRANK RIZZO COUNCILMAN ANGEL L. ORTIZ - - - VINCENT VARALLO ASSOCIATES, INC. , Mr. & Mrs. , IXC--------------------------- 109 - - - PUBLIC MEETING--------------------------------- 111 - - - 5 BILL 980377 COUNCILMAN DiCICCO: Good afternoon, everyone. The Committee on Streets and Services will now conduct its Public Hearing. There are a number of bills today that this committee will take under consideration. I think there are about 31 bills. Initially there were about 58, but we reduced it down to 31. I am going to try to get through this as quickly as possible, while giving everyone an opportunity to testify. And as I have been doing in the past, I will consolidate some of the bills as they relate to specific city agencies. As an example, the Streets Department may have a dozen or so bills, but they may not be in the ordinance in which they are on the notice, the public notice. I have found that in the past, that it seems to work a lot more efficiently that way, rather than to get a representative from the Streets Department to sit down, testify on one bill, get up, go back, two other bills later have to come back and reintroduce him or herself. So while it may seem like it is happening longer, actually we have found that it is 6 BILL 980377 a lot quicker. I would like to introduce the other members of the committee who are here today. To my immediate right is Councilman Cohen. To his right is Councilwoman Miller, and to her right is Councilman Mariano, and to my extreme left is Councilman Rizzo. The clerk will read the title of the first bill.

Bill No. 980377, An Ordinance authorizing the revision of lines and grades grades on a portion of City Plan No. 308, by relocating the southerly curbline of Rodman Street, from 9th Street to 10th Street, under certain terms and conditions.

Good afternoon, Councilman DiCicco, members of the committee. My name is Paul Lonie. I am a Manager of the Survey Bureau of the Department of Streets. And the Streets Department would like to offer the following testimony on Bill No. 980377. This is not an Administration ordinance, but an ordinance requested by Mr. Irving Shapiro, of Shapiro & Associates Architects, 1524 7 BILL 980377 Delancy Street, Philadelphia. The purpose of this ordinance is to widen the southerly cartway of Rodman Street by 4 feet between 9th Street and 10th Street to facilitate easier access for delivery trucks to haul foods of the parent company of Fresh Fields. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.

Good afternoon, chairman, members of the committee. My name is Martin Soffer. The City Planning Commission staff has approved this bill, and the Planning Commission will formally approve this bill at its next meeting. Therefore, the staff recommends that Bill 18 No. 980377 be approved. Thank you. COUNCILMAN DiCICCO: Any questions for these witnesses from any members of the Council? Councilman Mariano.

Thank you, Mr. Chairman DiCicco. To the people representing, -- 8 BILL 980377 what's the name of this company again? NexLink, that's you? COUNCILMAN DiCICCO: Wrong bill. We are on the last one.

Rodman Street, 377. All right. Never mind. But I am going to ask you questions on the next one, so be ready. COUNCILMAN DiCICCO: Anyone else here who wishes to testify for or against the bill? Please step forward and state your name for the record.

Good afternoon, Councilman DiCicco, other Councilpersons present. My name is Jeffrey Lickman. I am here on behalf of the Washington Square West Civic Association, of which I Chair the Government Affairs Committee, and I am also one of the directors. The Board of the Civic has authorized me to come here today to testify before you in support of this bill. As Councilman DiCicco is aware, the Washington Square West Civic Association, in connection with the Society Hill Civic Association, the Bella Vista Neighbors, as well as the South 9 BILL 980377 Street Neighbors Association, and I think there might have been another group involved at one point in time or another, we have all been very much involved with this project, the proposed Fresh Fields Supermarket, and we are very much in support of this. There has been overwhelming community support for this project. We ask that the city please consider approving this legislation expeditiously. We believe it does serve the public good. I have prepared a very brief letter that basically sets this forth. And I would ask that this be considered. It is addressed to President Street, in the event that this bill does indeed come out of committee and go to the full Council. COUNCILMAN DiCICCO: Are you asking for a suspension of Rules, I assume?

We would think that that would be a very good thing, Mr. DiCicco, Councilman DiCicco, in that we would like this thing to go forward as expeditioussly as possible. As you are aware, we have already had 10 BILL 980377 several community meetings. And we would like to see this with all due haste. COUNCILMAN DiCICCO: Thank you. Anyone else who wishes to testify on the bill? Whoever is here to testify on the bill, why don't you all come up at the same time and grab a seat and pull up an extra chair, if you have to.

Good afternoon. Thank you for allowing me to come. I am Dick Ostrander, the Executive Director of the South Street Headhouse Special Services District. The proposed development is within our district. And our Board has acted favorably toward this redevelopment, or new development, on South Street, on every occasion that it has had a chance to consider it, which is over the period of the last year or year and a half. Mr. Chairman, we recently sent you a letter affirming that. I have extra copies of that letter, if you wish to have them. We, the District, look upon the Fresh Fields development as an excellent new business 11 BILL 980377 driver for the South Street corridor, and one that we will look forward to welcoming in the near future. Thank you. COUNCILMAN DiCICCO: Thank you.

Good afternoon, members, Councilman DiCicco, Councilman Mariano, Councilwoman Miller, and Councilman Rizzo. My name is Stephen Pollack. I am an attorney representing the developers of the Fresh Fields project. This is a project that would be intended to replace the existing two-tiered crafts mall between 9th and 10th on South Street. We have the usual artist's rendering to show you, Bill 15 Petrascus -- COUNCILMAN DiCICCO: That is not a usual artist's rendering.

I know. It shows you the streetscape along South Street, which would try to incorporate display windows, planter boxes, and some signage that would be of possibly artistic to show you some of the fruit and produce that is sold there. So we are trying to pay attention to the streetscape. But in order to be able to get our 12 BILL 980377 trucks in, because we are only going to have the loading on the rear, on Rodman Street, we need to widen the cartway, so that we narrow the sidewalk to 5 feet. Which is still a considerably wider sidewalk than what is existing, in an existing condition, at the Super Fresh, which is in the next block. They virtually have no sidewalk behind them at this point in time. So we would still have accessibility for people that need to be able to walk along or need the width of the sidewalk, that they can walk back there with this proposed development. And this job will hopefully generate approximately 175 to 200 new wage earners for the City of Philadelphia when it is completed. And we would ask formally for a suspension of the Rules. COUNCILMAN DiCICCO: Thank you. No hot dog stands will be relocated?

No hot dog stands at this location. COUNCILMAN DiCICCO: Anyone else here to wishes to testify? 13 BILL 980377 Paul, are we okay? I remember at one of the meetings I had, there was some discussion as to the relocation of one of the utility poles. I believe it was at the corner of 10th and Rodman, setting it back. We are okay on that? And that's all been resolved? Okay. I just wanted to double check on that.

Thank you. COUNCILMAN DiCICCO: Thank you.

Councilman, could I say -- COUNCILMAN DiCICCO: Any questions for these witnesses?

This is more of a statement. My esteemed colleague, Councilman DiCicco, when they opened the Fresh Fields over there on Broad Street, the Councilman bagged groceries. And I just have this picture in my mind of him with that little apron on and bagging groceries. Now, he will probably be a Councilman 14 BILL 980192 for a long time. But if you ever need a night manager, he is the guy. Not me. I look bad in an apron. But he looked really good in that Fresh Fields apron. And the bags, those nice brown bags, the politically correct brown bags. COUNCILMAN DiCICCO: Any other witnesses? Any questions? Any other questions from the committee? No. 11 The clerk will read the title of the next bill.

Bill No. 980192, An Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 119, by striking from the City Plan and vacating a portion of Harper Street, from 10th Street to 12th Street, and reserving for drainage and water main purposes a stricken portion of Harper Street, from 10th Street to a point approximately 250 feet westwardly, and by relocating certain curb lines of Harper Street, from 10th Street to 12th Street, all under certain terms and conditions.

Good afternoon, Mr. Chairman members of the Committee. Again my 15 BILL 980192 name is Paul Lonie. I am representing the Streets Department. We would like to offer the following testimony on Bill No. 980192. This is not an Administration ordinance, but an ordinance officially requested by Mr. William McDow, of the Philadelphia Redevelopment Authority. Harper Street is on the City Plan 54 feet wide and variable width, legally opened and improved. The purpose of this ordinance is to grant the authority to the Philadelphia Housing Authority to expand a planned recreational facility and develop a shopping center. The ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.

Good afternoon, chairman, members of the committee. My name is Martin Soffer. The proposed ordinance authorizes the striking from the City Plan and the vacating of a 20-foot-wide portion of the street located in the West Poplar section of North Philadelphia. 16 BILL 980192 The purpose of this ordinance is to assist the Redevelopment Authority to assemble parcels of land for the construction of a tennis and community center on the 1000 block of Harper Street and a retail building on the 1100 block of Harper Street. Therefore, by action at its meeting on April the 23rd, 1998, the Planning Commission recommends that Bill No. 980192 be approved. Thank you. COUNCILMAN DiCICCO: Any questions for these witnesses from the committee? Do we have more testimony?

Good afternoon. Mr. Chairman and members of the committee, my name is Yvonne Haskins. I am an attorney, and I represent one of the developers of one of the blocks, and that's the 1100 block of Girard Avenue. What I am showing you is the elevation for the retail center that is planned in the 1100 block of Girard Avenue. The developer is the Renaissance Community Development Corporation. This will bring to that area much-needed retail shopping for the 17 BILL 980192 residential neighborhood that surrounds Girard Avenue. You may be aware that there's been a tremendous increase in residential housing just south of that area, the Nea Mia area, and there's very little retail, decent retail, shopping in the area. This will also bring 75 jobs to this particular project. Therefore, we very much want to get started on the construction. We have been somewhat delayed. And now we would like to have a suspension of the Rules. COUNCILMAN DiCICCO: Thank you. This is on the south side of Girard Avenue; right?

That's correct, sir. COUNCILMAN DiCICCO: Yes, I am familiar with the area. Any questions from the committee for these witnesses? Anyone else here who wishes to testify for or against the bill? Hearing none, the clerk will read the title of the next bill. Thank you. Thank you for your testimony.

Bill No. 980237, an 18 BILL 980237 ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 146 by striking from the City Plan and vacating Moore Street, from Beach Street to Allen Street, by striking from the City Plan and vacating Allen Street from Moore Street northeastwardly approximately 80 feet to a dead end, and by reserving and placing a right-of-way for gas main purposes within the lines of Moore Street from Beach Street to Allen Street, all under certain terms and conditions.

Good afternoon, Councilman DiCicco members of the committee. My name is Paul Lonie. I am the Manager of the Survey Bureau, and I am representing the Streets Department. And the Streets Department would like to offer the following testimony on Bill No. 19 980237. This is not an Administration ordinance, but an ordinance requested by Edward A Terrascus. He is an attorney, and he is representing John Katagnis, who is the party in interest and the abutting property owner. Moore Street is 12 feet wide and 19 BILL 980237 legally open. Allen Street is variable width and legally open. Neither are improved. The purpose of this ordinance is to grant the Authority to strike these streets from the City Plan. The ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.

Good afternoon, chairman, and members of the committee. My name is Martin Soffer. I am representing the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and the vacating of two unneeded paper streets in the Richmond section of North Philadelphia. The purpose of this ordinance is to remove the legal encumbrances on these paper streets in order to permit the party of interest to construction a building addition. Therefore, by action at its meeting on April the 23rd, 1998, the Planning Commission recommends that Bill No. 980237 be approved. Thank you. 20 BILL 980243 COUNCILMAN DiCICCO: Any questions for these witnesses from the committee? Anyone else here to wishes to testify for or against the bill? Hearing none, the clerk will read the title of the next bill.

Bill No. 980243, an ordinance authorizing and directing the placing on City Plan No. 382 of Anna Drive, from Worthington Road, at a point approximately 173 feet southwest of Michelle Drive, and extending in a southeastwardly direction the approximate distance of 250 feet, to a dead end turnaround, under certain terms and conditions.

Good afternoon, Mr. Chairman. I am representing the Department of Streets, and I would like to give testimony on the following two bills, since they are companion bills dealing with the same street. These bills are not Administration ordinances, but are ordinances requested by Mr. Sean Ward, a representative of Worthington Estates Development. The purpose of these ordinances is to add a cul-de-sac street to the existing street 21 BILL 980243 system and develop an adjoining land lots for 12 single-family homes, and also the ordinance to pave, and a drive. These ordinances are supported by the Department of Streets and are recommended to committee for favorable action.

Good afternoon, chairman, members of the committee. My name is Martin Soffer, representing the Philadelphia City Planning Commission. The proposed ordinance authorizes the placing on the City Plan of a new cul-de-sac street in the Somerton section of Northeast Philadelphia. The purpose of this ordinance is to permit the construction of 12 single-family detached housing units. Therefore, by action at its meeting on April the 23rd, 1998, the Planning Commission recommends that Bill No. 980243 be approved. Thank you. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses? Anyone else here to wishes to testify for or against the bill? Hearing none, the clerk will read the 22 BILL 980244 title of the next bill.

Bill No. 980244, an ordinance authorizing the paving of Anna Drive, under certain terms and conditions.

Good afternoon, Mr. Chairman. My name is Pauline Lonie from the Streets Department. This is a companion bill to Bill No. 10 980243. And what we are requesting is the authorization of the City Council to enter into a contract to pave this street legally. The Streets Department has no 14 objection to this bill. COUNCILMAN DiCICCO: Any questions for this witness from the committee? Anyone else here that wishes to testify for or against the bill? Hearing none, the clerk will please read the title of the the title of the next bill.

Bill No. 980309, an ordinance authorizing the changing of the name of Webster Street, from Passyunk Avenue to 7th Street, to Queen Street, under certain terms and conditions. 23 BILL 980309

Good afternoon, Mr. Chairman my name is Paul Lonie. We represent the Streets Department. We would like to offer the following testimony on Bill No. 980309. This is not an Administration ordinance. It was presented at the request of a neighborhood organization. Webster Street is 9 feet wide, is on the City Plan, partially legally 10 opened and improved. 11 The Streets Department, although 12 generally opposed to these types of bills, but 13 because of the minimum number of properties fronting 14 on Webster Street, has no opposition to this bill. 15 COUNCILMAN DiCICCO: Any questions 16 for this witness? Anyone else here to wishes who 17 testify? 18 Hearing none, the the clerk will 19 please read the title of the next bill. 20

Bill No. 980310, an 21 ordinance authorizing the paving of Depue Avenue and 22 Lindenhurst Street, under certain terms and 23 conditions. 24

Good afternoon, 25 Councilman DiCicco, members of the committee. My 24 BILL 980310 name is Paul Lonie. I am the manager of the Survey Bureau, and I represent the Department of Streets. And we would like to offer the following testimony on Bill No. 980310. This is not an Administration ordinance, but an Ordinance requested by Mr. Philip Harvey, Summerton Knowell, Incorporated, 511 West Chester Pike, Havertown, Pennsylvania. The purpose of this ordinance is to acquire from the City Council legal authority to pave Depue Avenue and Lindenhurst Streets. These streets need to be paved to support the proposed newly constructed homes which would front on these streets. This ordinance is supported by the Department of Streets and is recommended to committee for favorable action. COUNCILMAN DiCICCO: Any questions for this witness? Anyone else here who wishes to testify? Hearing none, the clerk will please read the title of the next bill.

Bill No. 980313, an Ordinance authorizing the revision of lines and 25 BILL 980313 grades on a portion of City Plan No. 194, by striking from the City Plan and vacating a portion of Reese Street, from a point approximately 293 feet south of Knorr Street, to a point approximately 60 feet southwardly therefrom, and by reserving and placing on the City Plan a certain right-of-way for gas main purposes, under certain terms and conditions.

Good afternoon, Mr. Chairman. My name is Paul Lonie. I am representing the Department of Streets. We would like to offer the following testimony on Bill No. 14 980313. This is not an Administration ordinance, but an ordinance officially requested by Mr. William McDow, Director of Design and Construction of the Redevelopment Authority, who represents the interested party, the APM Shopping Center. Reese Street, 40 feet and feet 22 wide is on the city plan, legally opened and 23 improved. 24 The purpose of this ordinance is to 25 grant the authority to strike from the City Plan and BILL 980313 vacate a southern portion of Reese Street, in order to expand the shopping center facility at this location. The ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.

Good afternoon, chairman, and members of the committee. My name is Martin Soffer. I am representing the Philadelphia City Planning Commission. The proposed ordinance authorizes the striking and vacating of a 60-foot portion of a minor, unneeded street, in the West Kensington section of North Philadelphia. The purpose of this ordinance is to assist the Community Development Corporation to assemble a parcel for the development of a 40,000 square foot grocery store. Therefore, by action at its meeting on May 7, 1998, the Planning Commission recommends that Bill No. 980313 be approved. Thank you. COUNCILMAN DiCICCO: Any questions from the committee? Councilman Mariano. 27 BILL 980373

Mr. Chairman, I just request a suspension of the Rules so this can be voted on at the next regular meeting of Council. COUNCILMAN DiCICCO: Thank you. Please proceed. The clerk will please read the title of the next bill.

Bill No. 980373, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 123, by striking from the City Plan and vacating Watts Street, from Susquehanna Avenue to Diamond Street, by reserving and placing on the City Plan certain rights-of-way for drainage purposes, water main purposes, and gas main purposes, and granting a right-of-way for drainage purposes in the former Park Avenue, from Diamond Street to Susquehanna Avenue, under certain terms and conditions.

Good afternoon, Mr. Chairman, members of the committee. My Paul Lonie, and I am representing the Department of Streets. And we would like to offer testimony on Bill No. 980373. This is not an Administration ordinance, but an ordinance requested by Mr. Michael 28 BILL 980373 Levin, President of North Broad Development Company, 2201 North Broad Street. The purpose of this ordinance is to strike and vacate the 2100 block of North Watts Street to allow the construction of a Rite Aid development at the southeast corner of Broad and Susquehanna Avenues. This ordinance is supported by the Department of Streets and is recommended to the committee for favorable action.

Mr. Chairman and members of the committee, my name is Martin Soffer, representing the City Planning Commission. The City Planning Commission staff has reviewed and approved this bill, and the Planning Commission will formally approve this bill 18 at its next meeting. Therefore, the staff recommends that Bill No. 980373 be approved. Thank you. COUNCILMAN DiCICCO: Any questions from the committee for these witnesses? Anyone else here who wishes to testify? Hearing none, the clerk will please read the title of the next bill. 29 BILL 980375

Bill No. 980375, an Ordinance authorizing the revision of lines and grades on a portion of City Plan No. 308 by striking from the City Plan and vacating Rosewood Street, from Spruce Street to Delancy Street, by striking from the City Plan Delancy Street, from 15th Street to Rosewood Street, and abandoning a certain right-of-way for drainage purposes, under certain terms and conditions, including the dedication to the city free and clear of encumbrances of certain unopened portions of Spruce Street.

Good afternoon, Mr. Chairman, members of the committee. My name is Paul Lonie. I am representing the Department of Streets. We would like to offer the following testimony on Bill No. 980375. This is not an Administration ordinance, but an ordinance requested by Mr. Paul Deegan, Senior Vice-President, Philadelphia Industrial Development Corporation, 2600 Center Square West, Philadelphia, PA. The purpose of this ordinance is to strike from the City Plan Rosewood Street, Delancy Street, and abandon a drainage right-of-way to 30 BILL 980375 facilitate the new Regional Performing Arts Center on this site. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.

Chairman and members of the committee, my name is Martin Soffer, representing the City Planning Commission. The Planning Commission staff has reviewed and tentatively approved this bill. This approval is subject to the abandoning of rights-of-way for water main, drainage, and gas main purposes. Therefore, the staff recommends approval with those provisos for Bill No. 980375. Thank you. COUNCILMAN DiCICCO: Anyone else here? Paul.

Good afternoon, my name is Paul Deegan. I represent PIDC and also PAID, the Philadelphia Authority for Industrial Development, which is the actual owner of the land surrounding these streets. Striking these two streets will allow 31 BILL 980308 us to assemble the site for the future Regional Performing Arts Center. And we recommend, we ask the Council to give this bill favorable consideration. COUNCILMAN DiCICCO: Suspension of Rules?

Yes, that would be good, Councilman, thank you. COUNCILMAN DiCICCO: We will take that under consideration when we vote the bills out of committee. Thank you. Any questions for these witnesses? Anyone else here who wishes to testify for or against these bills? Hearing none, the clerk will call the title of the next bill. Thank you.

Bill No. 980308, an ordinance establishing a parking regulation on South Street, north side, from 2nd Street to 8th Street, under certain terms and conditions. COUNCILMAN DiCICCO: All those who wish to testify on this bill, would you please come forward. I think you all might want to come up, inspect or, everybody at the same time, I guess. It 32 BILL 980308 would be easier.

Herb Vederman from the Mayor's Office. And I would like to start off by giving sort of a genesis of South Street since 1992, when the Rendell Administration took office. Presently, the traffic regulations for South Street that is legally still in effect states that, I think, on Friday night and all day Saturday, and probably Sunday, barricades go up on all the cross streets, not allowing traffic to go on South Street. We found that this caused mass confusion, it caused police problems, it caused windows being broken, parking was on both sides of the street, the street turned out to be a place where people partied, and it became quite a situation for the police to handle. We tried different ways to remedy the situation. We tried to -- we'd like to use the word -- upgrade the street in many ways. And some of the things we did was, one, lighting. South Street, along with PECO, and the Mayor's Office, and at the time Joe Vignola, we 33 BILL 980308 received money to put new lights in. We became probably one of the brightest streets in town. We also started these traffic regs, where we used the police powers to do away with the barricades and eliminate parking on the north side. So what you had was two moving lanes of traffic, rather than one lane of traffic in the middle with two lanes of parked cars. What was happening, if anybody wanted to park their car, traffic would stop and go back past to Broad Street, because no one is moving anywhere with only one moving lane and parking on both sides. We tried, as I say, to upgrade the street and sort of balance the interests of the communities that abut South Street, which is Queens Village and Society Hill, which, when you had all this confusion on South Street, you are getting a quality of life that the residents weren't too happy with. Because when you had traffic backed up and you had people, you know, milling through the streets, that's when you used to hear about the multiple urinations and the defecations and the cars 34 BILL 980308 broken into, and all the horrible things that you were hearing that happened, you know, in the block or two off of South Street every weekend. And I might add that most of the problem is on weekends. And later in my testimony, I am going to explain why I think the problem is not just a weekend problem, but is more than a weekend problem. You know, we are here talking about quality of life. And I think to make the quality of life better for Wash West, for Queen's Village for Society Hill, we have to treat this street as a business street, and we also have to take into consideration what it is doing to those neighborhoods. We have someone from the Parking Authority here and from the Streets Department. And I don't think there are any other commercial streets in Philadelphia that have one moving lane of traffic, with the two parked lanes on both sides. So this makes this street different than any other street. And, again, I don't want to make this street just like every other street. But, you know, 35 BILL 980308 I also don't want to make it so different that it only serves the purpose of a few, rather than the tens of thousands of people that live in the area and some of the better, upscale businesses, also, that need people who can spend money and bring their families down to South Street to do well. I think having traffic backed up past Broad Street, having traffic backed up on 5th, 6th, 7th, and 8th Street and 2nd Street and 3rd Street trying to go across South Street, I think this creates an atmosphere that impacts the quality of life of the people who live there. Our new Police Commissioner, when he first arrived, it happened to be a warm weekend a month or so ago. And he said he was trying to drive to South Street, and the traffic was so backed up, he had to turn around and go back. And he had lights and sirens, and it was difficult to get to South Street.

You take Monday nights, when we have trash pick-up, it is impossible, obviously for anyone to drive Council South Street because there is nowhere to go. If the trash truck is in the middle 36 BILL 980308 of the street, you can't go left around it or right around it, because obviously you have cars parked on both sides. We talk about it as a safety issue, with the police and fire. We have the Police Department here today, I think, that will talk about their ability to get to situations in a reasonable time, when it takes sometimes and minutes, 10 unless they are on foot. 11 But they can't get cars there. I 12 have heard lieutenant McCarthy testify that to get a 13 wagon to a scene to arrest somebody takes him quite 14 some time because the traffic is just there, cars 15 are parked on both sides of the street, and this makes it impossible to get a wagon to transport a prisoner that he has already arrested. Or he has a crowd sort of encircling the prisoner, and it makes for a very touchy situation. We talk about continuity. I think it is difficult to say, these couple of hours the traffic regs are going to be one thing, and those couple of hours, you know, the parking is going to be something else. I think in the long run, you get a 37 BILL 980308 lot of confused customers who are going to wind up getting their cars towed because they were here last night, and it was okay to park here, but they're here tonight and it is not okay to park here. And with the different hours, it is okay to park here at 7:00, but it is not okay to park here at 6:00. So I think a lot of these things are self-defeating. I think you have to look at this as a philosophy. Do I want to upgrade and make this a more pleasant experience for people who want to shop, people who want to eat, people who want to spend money, or do I want to make this a Mardi Gra kind of atmosphere. As one person said at your community meeting, Frank, he wants his customers to be able to shop from the highway. He wants his customers to be able to drive down that center lane at a very slow pace and be able to see his store, and then maybe come back and buy something. Maybe for his store or for a tattoo parlor or a take-out pizza parlor, these things are fine. But I know for the Snydermans, who were on South Street for probably 20 or 30 years, they are 38 BILL 980308 not there anymore. They are in old city, and I think are they in Manayunk, also? Yes. They are in Old City and they are in Manayunk. And they are the kinds of businesses that bring people who are going to spend money and maybe bring families back to South Street, and not make it, quote, the scary place that people say it is sometimes. And, again, we want diversity. We absolutely want diversity. And we want the Police Department to enforce loitering laws and all the things that they have to do. But we think that the traffic regs are an integral part of it. And we were, as I say, very instrumental and very cooperative in establishing the special Headhouse District, so the street would be clean, so the street would be lit with bright lights and traffic would move. Because in this world, I mean, that's how it should be. And if we want to have a street that is not like that, and not lit with bright lights and not clean and traffic backed up north and south and east and west, and people shopping from their cars, and drinking beer from their truck, then let's leave 39 BILL 980308 it alone, or let's just leave the laws that you have on the books now. But I think you have to do something substantial. And if you don't, I just think it is like the old expression, either you are in or you are out, and you are going to do something that's really going to be substantial. And that's all I have to say. COUNCILMAN DiCICCO: And your recommendation is? No. I think I know where you are on, but I want to get it on the record.

My recommendation has been to make this like any other commercial corridor in the city, which means 365 days a year that you have two moving lanes of traffic and one lane of parking. Because in 99-and-three-quarters percent -- and is that correct? -- is that most commercial streets have two lanes of moving vehicles, as opposed to two lanes of parking? COUNCILMAN DiCICCO: I think that's correct as it applies to Center City.

Yes, as it applies to Center City. And that's my recommendation. 40 BILL 980308 And if you want to compromise, because you have a group of businesses -- COUNCILMAN DiCICCO: I am going to stop you for a minute, Mr. Vederman. 365 days of the year, are you suggesting that the two lanes of travel for a 24-hour period or specific hours? I mean, you are just saying, open it up, kind of like Duvall Street in Key West, where no 11 one parks on Duvall Street?

No. I am saying just the opposite. I am saying, 365 days a year, 24 hours a day, this street should be like every other commercial street. COUNCILMAN DiCICCO: That's what I am asking you. Two lanes of travel, one parking lane?

Yes, one lane of parking. And if there is going to be some compromises because of extenuating circumstances, there should be continuity to it, and not just you picked two days, and then -- like, for instance, the meeting of, I think, the South Street District recently said, well, let's just do Friday night and 41 BILL 980308 Saturday where we have two moving lanes. But I tell you, you go there Sunday afternoon, and you are going to have the same traffic, on a warm Sunday afternoon, the same traffic jams that you have on Friday night and Saturday. And even though you do get more families and more people who spend money maybe Sunday afternoon, I contend you would get a lot more if you had more order there on Sunday afternoon. And I believe when we go back to these quality of life issues, a free flow of traffic anywhere, if it is in this city or any other city, causes a better quality of life and puts people in a mind frame that there's rules and regulations, and you just don't sit there and honk your horns and sit in traffic and have your boom boxes going. And I think it is almost unfair to put the whole burden on the police, when we tell them, you know, get the traffic moving better, arrest more people, do this and do that, when they are impeded by the fact that they have a constant traffic jam on warm days and warm nights. COUNCILMAN DiCICCO: And your 42 BILL 980308 second -- what did you refer to it as?

As a second compromise have continuity and have the traffic regs Thursday, Friday, Saturday, and Sunday, and do it from 7:00 to 7:00. And, again, that would be a compromise. But you would be giving up continuity. And the continuity means that the Police Department, again, has to start going putting bags on the traffic meters, the Parking Authority has to come towing cars that aren't abiding by the differences in traffic patterns. I think continuity is an important piece of this. But if the committee wants to overlook it or feel that the extenuating circumstances are great enough, then so be it. But this is my opinion. And I have been working with all these issues now for almost seven years. COUNCILMAN DiCICCO: And I know that, and I thank you. Because you and I have been working on this for about two years, and at the recent meeting a couple of nights ago. And I am still wrestling with this notion of the parking regs as the bill has been 43 BILL 980308 written. And I don't know if by a miracle something is going to happen to me in the next half hour. But I am certainly hoping we can come to something that works. Because I don't really know what the answer is, to be perfectly honest with you.

See, Councilman, if this is really a parking problem, if businesses are saying that they need two lanes of parking because their businesses suffer because there is not parking, then I think that's a different problem. I think we have to address that either from the private sector of more parking lots or the Parking Authority having a parking lot down there, if it is a parking situation. If it is an atmosphere situation, as the gentleman said the other night at our community meeting, that his customers like to shop from the center lane, then that's an atmosphere kind of problem. And that's something that you on City Council have to decide, is it a parking problem or is it an atmosphere problem. 44 BILL 980308 COUNCILMAN DiCICCO: I look at it more, I think. I look at it two ways. I look at it as a parking problem, and I also look at it as a public safety issue. And that's the problem for me, is that I am trying to do what I think is best for the business community and the residential community, obviously, in getting people in and out of the South Street corridor as quickly and as efficiently as possible, while still recognizing that there are businesses there that depend on people to come down and shop. And depending on, and you know this, Herb, where you are standing and to what businessperson you are speaking, everybody has a different opinion about it. There are people who have some of the more eclectic kind of shops, the tattoo parlors and places like that, who I don't think are as concerned for the issue of parking as maybe someone with a more upscale restaurant.

And that's what I mean by "atmosphere." And if you want that Mardi Gra atmosphere, then you go back to the community 45 BILL 980308 complaints that we had listened to for many, many years of the broken car windows and the multiple people urinating in their front door, and so on. Where I really felt that the Administration and Council and the people who wanted to do a Special Services District wanted to get rid of that kind of thing and wanted to have less kind of pizza take-out parlors and tattoo parlors and pinball places and video places, and have some good restaurants and good stores, and not have the Rick Snyderman's, who literally spent 30 years on that street, have to leave because they don't have these problems in Old City and Manayunk. COUNCILMAN DiCICCO: My concern -- and I expressed this to you the other night after the meeting -- people from the residential community really didn't make their presence and opinions known at the meeting the other night, for the most part. And the other issue for me -- and I understand your issue concerning continuity. I am not as concerned with that. Because I look at the seashore resorts as an example. During the off-season in the seashore, there are certain parking regulations that 46 BILL 980308 aren't in effect. But when the summer comes, different parking regs take hold. And South Street is, even though it is busy all year-round, is primarily a seasonal commercial corridor. And we obviously see a much greater increase of traffic during the warm months, as opposed to the winter months.

Sure. There are all kinds of compromises. COUNCILMAN DiCICCO: Herb not to interrupt, but we also have on just about every city block in the city, we have parking signs that direct people to park during certain hours or not park in certain hours. So the continuity thing I am not as concerned with.

Right. But this is the only street in the city that you have, on an average, warm weather night, 30 or 40 thousand people, and an awful lot of them even coming from out of town, spending their money. COUNCILMAN DiCICCO: I agree. I understand that.

And I don't want to chase them away, either. 47 BILL 980308 If I was king and I could make any decision I wanted, I would say, if I couldn't do it 365 days a year, then pick the warm weather months, but just do it all the warm weather months. If I couldn't do it just on the warm weather months, then I would do it every night. And if I couldn't do it every night, then I would at least do it those four nights of the week, because they are the heaviest. COUNCILMAN DiCICCO: You can run for Council and have to make that decision. Thank you for your testimony. I think we will go to Mr. Ostrander now, and then we will hear from the Police and the Parking Authority. Thank you, Herb.

Thank you, Mr. Chairman. I am Dick Ostrander, the Executive Director of the South Street Headhouse District, and also a neighbor and nearby resident of South Street, as was Mr. Vederman until just a few weeks ago, and have certainly the concerns and Welfare of South Street and the residential community at heart. COUNCILMAN DiCICCO: I was not being offensive to you when I said, as far as I thought, 48 BILL 980308 there would have been a greater representation from the community.

I totally agree with you, Mr. Chairman. But several people were there from the residential community. Only one of them really made her point of view known. But their point of views were under consideration and taken into account. I would like to relate just a little bit of the historical perspective of the special traffic regulation in the South Street corridor. And I find myself in a very awkward position of being perhaps a little bit at odds with Mr. Vederman because Mr. Vederman has been, as he said, and it is absolutely true, a strong proponent of the South Street Headhouse District, a great supporter of us, helpful in originating us, and doing all the things that we are trying to do to make the South Street corridor a cleaner, safer place to work, play, eat, shop, do all of the things that people want to do. And big crowds do come to the street, and they are definitely weather driven, as we all know. And I won't go through all of that. 49 BILL 980308 The historical part of the traffic regulations that I would like to emphasize is that the present temporary regulations, replacing the barricading to which Mr. Vederman made reference, the barricading was several years ago. As of February of 1996, two years ago, the temporary regulations as they now exist were put in place. And those regulations, in fact, covered Friday and Saturday evenings. A great proportion, a major part, of the business community took odds with those regulations, found them very confusing, and were very reluctant to have, even Friday and Saturday, these special two lanes of traffic moving. But over a period of time, they have been accepted. At this point of time, this is the beginning of the third summer of the so-called summer regulations, which went into effect, Penn Relays weekend, the last weekend in April, and are scheduled to remain in effect, I believe the signage says, until mid October or late October, I'm not sure of the exact date. It is on the signs which the Parking Authority very recently put up. Taking all of those things into 50 BILL 980308 account, the public meeting was held on Monday night. This morning, the South Street District had its regular monthly Board meeting. At that Board meeting, a resolution on this issue was prepared. I would like to read it, if I may. I have several copies of it here, if you would like to have that sent to you, or extra copies available. COUNCILMAN DiCICCO: Did Herb get a copy of that?

I offered him one and he did not take a copy. Is he gone? Having heard the various opinions expressed on Monday night from 50 or 60 businesspeople and some community residents, and the Board enacted unanimously a resolution this morning about the proposed ordinance. So you have to take into account that this does not repeat the ordinance; all it does is suggest what the District supports as a proper amendment or modification of that, Mr. Chairman. m. m. the following morning, to be effective the Friday nearest the last day of April to the Saturday nearest to the 15th day of October, starting in April of 1999. A footnote to that. The District has been advised that the ordinance needs to contain a specific date, rather than the approximate dates noted above. The vast majority of the merchants in the District would prefer that the start date be May 1, and that the end date be September 30. And this would simplify the signage problem. If those dates are adopted, the police can apply the regulations as needed for reasons of public safety for the last weekend in April, parenthesis, which is the Penn Relay's weekend, and also into the first weekend or two of October, as the weather requires. In any case, the police have the option of applying the regulations any time during the year, as weather or special events may require. And they do from time to time, because of weather or because of special events or other occurrences. 52 BILL 980308 They have that option 365 days a year. The point of staying with the Friday and Saturday special regulations is that those are by far the heaviest periods of traffic on the street. I totally agree with Mr. Vederman, that the Sunday afternoons can be very crowded on the street. But the regulations are never and have never been effect in the daytime in any case. So that would not affect Sunday, one way or the other. Sunday is family day on South Street. Generally you see a lot of kids, moms and dads, strolling and having fun on South Street, doing the things you do on South Street. We would very much support, and strongly support, as this says, the continuation of the Friday and Saturday regulations, because those are the heavy known days. The people who come to South Street with some regularity are now accustom to that. The merchants have gradually accepted it as a reasonable compromise over their needs, which would be for no 24 regulation at all. So we propose that you adopt this 53 BILL 980308 minor, we think it is minor, amendment to the resolution as you originally presented it, sir, and we will support that 100 percent. Thank you very much for the opportunity to be here. And I certainly would be glad to respond to questions. COUNCILMAN DiCICCO: Thank you. Who wants to go next? Let the police go. Inspector or Lieutenant McCarthy, whoever. INSPECTOR GIORGIO FOX: Good afternoon, chairman, I am Inspector Giorgio Fox, newly assigned to South Police Division. And while my tenure in South Police has been relatively short, my knowledge of South Street extends due to my prior experience in the 6th District. I was fortunate enough to attend the meeting with you all on Monday night, and I am aware of the issues. From the police perspective, I would like to say that there are a variety of issues that the police deal with on South Street throughout the year. Traffic regulations, vehicular 54 BILL 980308 traffic is one. And we have crowd control, pedestrian control, crime issues, quality of life issues. To the degree that we can deal with those others, we are often in a position to have to deal with traffic first. In our opinion, the control of the traffic on South Street is a public safety issue. And we have to deal with the public safety issue, the ability to keep everyone on that street, the businesses and the residents, as well as our visitors, safe. And so it has been discussed with me during my brief stay here that the need to keep that street running is essential.

Our ability to decrease our police numbers for traffic control will provide us the ability to increase our numbers when we talk about other issues on the street. I am not in a position to give you a historical perspective because my command of that street has been seven days. Lieutenant McCarthy is with me. He has a great deal more historical knowledge, and I'm sure he would be happy to share 55 BILL 980308 that with you. I am speaking from a common sense tactical position when I say that the ability to run two lanes of traffic on the heavy nights is essential for us to be able to do the rest of our job. COUNCILMAN DiCICCO: Thank you. You can stay there. Lieutenant, if you are going to be testifying, you can come up. Because I think my questions, I will pose a question, and you could decide between the two of you who would like to answer that. Do you have anything to add, to testify to, before we begin some questions, Lieutenant? I mean you have heard the testimony so far from Mr. Ostrander, Mr. Vederman, and your Inspector. Would you like to make a statement first? LIEUTENANT McCARTHY: I would prefer to answer questions, rather than make a statement, sir. COUNCILMAN DiCICCO: Okay. Thank 56 BILL 980308 you. Do you want to hold your testimony, Rick? Why don't we do your comments.

My name is Richard Dixon. I am the Director of Parking Management at the Philadelphia Parking Authority. We have enforced these regulations for the last two years, both in issuing tickets and in towing vehicles parked in violation of the temporary regulation which has been in effect. Last year and the beginning of this year particularly, there has been a very high compliance rate on the part of the public in terms of abiding by the regulation. We issue very few tickets at this stage, tow even fewer vehicles. So there seems to be a level of acceptance of the regulation as it is currently configured. One thing that I could caution against is a major change in the hours when the regulation goes into effect. Part of the problem is, because it now goes into effect at 6 o'clock, the vehicles are moved off the street before most of those people 57 BILL 980308 coming for dining would arrive on South Street. So we're not confronted with a situation where a person is in a restaurant, in the middle of his dinner, comes out at 7:00 or o'clock 6 and finds his vehicle has been towed. 7 If we move the regulation back much 8 further, 7 o'clock, I think, is getting a little dicey. 8 o'clock, I think, would be very dangerous, to move the beginning time of the regulation back that late. It seems to work very well as it is now. But I understand that you are trying to balance the competing needs of a whole bunch of people here. So if 7 o'clock is a reasonable accommodation to all of the interests there, it is certainly something that we could live with and we could enforce in a reasonable way. The only other thing is, I would suggest a technical amendment to the bill. As it is currently written, it calls for a No Parking regulation. The way the temporary regulation is, that's a No Stopping regulation, which enables us to ticket and move the vehicles immediately. 58 BILL 980308 No Parking regulations permit people to load and unload for some period of time. And I think that that's not what you are trying to accomplish here. COUNCILMAN DiCICCO: Thank you. Herb, do you have any questions for Mr. Dixon while he is here? If you do, you have to come up to the witness table.

When we say there has been compliance over the last year or so, I mean, my point is, there's been compliance because we have done it steadily for the last year to two years. And once we come to agreement what the permanent regs should be, there will be compliance again. When we started this, Rick, I couldn't tell you how many cars a night we towed and how many angry customers we had. And because there is continuity Friday and Saturday night, we have eliminated the irate customer, or the person coming from Jersey and losing their car. So this is a good thing. And I think it just proves the point out. If you decide you are going to do something, and you have continuity in 59 BILL 980308 what you do, you will be successful.

I think that that's probably true, that no matter what the regulation is, after a period of time people are going to begin to comply with it at a very high level. I am not making a recommendation as to the days that this should be in effect. I think that's something that needs to be worked out based on all of the different interests that are involved here. The only thing that I would say, is addressing the time of the regulation. If the needs of the community suggest it needs to be seven days a week or four days a week, we can accommodate the enforcement of that regulation no matter what you decide it should be. COUNCILMAN DiCICCO: Thank you. Lieutenant McCarthy, how long have you been on the South Street detail now? LIEUTENANT McCARTHY: Approximately ten years. COUNCILMAN DiCICCO: And you have seen various types of regulations over that ten-year period? 60 BILL 980308 LIEUTENANT McCARTHY: Yes, sir. m. , I believe, the following morning Friday and Saturday, would you, in your professional opinion, answer, the best as is possible, any flaws with that program. And if you had -- and I don't mean to put you on the spot, but we have been toying around with this thing, me, only two years, but you guys, ten years or whatever, what would you, what problems do you see with the present regs? And if you were in a different position, and had to make the recommendations, what recommendations would you make? LIEUTENANT McCARTHY: Well, I would recommend that -- COUNCILMAN DiCICCO: And they love you on South Street, and they will love you no 21 matter what you say, I guarantee you. LIEUTENANT McCARTHY: Well, I would say that if anything was to happen, certainly if we tamper too much with Friday and Saturday nights, I believe it would be to a detriment to the city and 61 BILL 980308 everyone in the city. I think that South Street, you make or break on Fridays and Saturday nights. And that's always going to be the case. I think traffic issues are most important. Although we are getting busier during the week now than we have ever been before, it doesn't compare to the amount of people that come in on Friday and Saturday nights. And as I tell the officers when they go to work on the weekends, while we are concerned at all times about traffic and quality of life, we have to be at our best on Friday and Saturday nights at peak hours. One of the concerns when we go to clear traffic -- we have become pretty good at this. As a matter of fact, we can clear that street without towing a vehicle. We do that with the use of orange No 21 Stopping bags. Because people tend to ignore the signs, and they start putting money in the meters and end up being towed away, and sometimes up to 20 cars are towed away when we don't use the bags on the meters. 62 BILL 980308 The Parking Authority doesn't really get much towing on South Street anymore. I'm sure that Mr. Dixon will agree. And we can clear the street. And I believe we can clear it at any time. There is a certain time of the evening when we have to have the street cleared. , when we need to really start to get control of all aspects of the street regarding pedestrians, traffic, et cetera. So whatever is decided, I mean, whatever is easier for the police, whatever is not easier for the police, whatever you decide, I think that Friday and Saturday nights are obviously very crucial to the continuing success of the street. And I think we have seen great improvements regarding assaults and things of that sort since we put the traffic patterns in on Friday and Saturday nights. Most definitely 100 percent, to be exact 600 percent, less assaults than we used to have when things were chaotic on the street on those nights. COUNCILMAN DiCICCO: And what you are 63 BILL 980308 saying, I think I hear you saying, is much of that has to do with the regulations by eliminating the parking on the north side, having the two travel lanes, which gives your officers a better handle on conditions that are on the sidewalk.

LIEUTENANT McCARTHY: That is correct. And when we first put the regs in, there was a concern because of the narrowness of the sidewalks, that we were to have problems with pedestrians being so close to the running lane. And there was concern about that. And as I stated at the meeting, it proved negative. We have had zero pedestrian accidents since we have applied these regulations. COUNCILMAN DiCICCO: In terms of the logistics, you as the commanding officer there, when you need to deploy your resources to get things done, bag the meters, remind people that they need to move their cars or get the cars off the street, how much lead time do you need to really be able to do that effectively and then be able to do whatever it is that you need to do to get that control onto the sidewalks? 64 BILL 980308 Now, I have a concern, I think I expressed this to you the other night after the regular meeting, that I don't want to put the Police Department in a situation where you are literally rushing from one staging event to the next staging event, you know, whether that means getting the bags on and getting your resources back to the various intersections, or what-have-you. I don't think it is fair for us to ask that of the Police Department. I think we have to give you all the time that you need, the lag time, lead time, whatever we call it, to get your people in place. Because there are always things that are unforeseen, and you know that better than anyone. , which has been suggested, does that in any way limit your ability to do some of the things that are necessary, as opposed to keeping it at 6 o'clock? Does that shorten that window of opportunity? And if it does, is it significant enough that it may interfere with what you need to 65 BILL 980308 do to ensure the quality of life on South Street? LIEUTENANT McCARTHY: Well, as Mr. Dixon said earlier, the original idea was to try to get this thing cleaned up before, as a convenience to the people, before the restaurant people started to come in. I would say that we need about an hour to clear that street. And if you were to decide to move it to 7 o'clock for whatever purposes we decide to do it for, I see no problem, on the public safety perspective, I don't see a problem with that at all. I think, as Mr. Vederman said earlier, I think in an ideal, if it was an ideal world, every day having a running lane would certainly make my job easier. But also I can understand from listening to people how difficult it is for people to accept. And sometimes on a winter night when there is snow on the ground and we are clearing the street, I can also relate to that. But on an ideal perspective, every day would be great, but... COUNCILMAN DiCICCO: And in your 66 BILL 980308 experiences, and in your opening statement or your opening comment, you mentioned that it is getting busier during the week nights, which is contrary to what some of the businesspeople suggested the other night, that business is going down the tubes. But I rely on your testimony as to at least the number of people that are coming to South Street. Now, whether or not they are spending, that's another issue. What nights of the week have you realized an increase in people coming down to South Street? LIEUTENANT McCARTHY: Actually, it is very busy as the week proceeds into Thursday. But we have had nights, depending upon the size of the conventions this town, we have lot of tourists coming down that street, a lot. And a lot of out-of-towners, from 40, 50 miles around. And we are getting more, we are seeing more weekday business, and I think it is more to do with convention business.

COUNCILMAN DiCICCO: But in general, Monday through Sunday, a seven-day-a-week period -- there are conventions, sometimes when conventions 67 BILL 980308 are in town things will be busier, not only on South Street, but hopefully throughout the city -- on any given normal night, without conventions, taking conventions in, have you seen an increase on a Monday, Tuesday, Wednesday, Thursday, whatever? Any significant increase that may warrant an additional night for parking regs? And, again, I know you are on the spot. I go down there, but I don't see it the way you do, and I need to know that. LIEUTENANT McCARTHY: The crowd starts to build Wednesday nights, Thursday a little bit more, Friday much more, Saturday much more, Sunday afternoons much more. And Sunday being an early finish, unless there is a holiday on Monday, we have about a 2 o'clock peak on a Sunday, where we might have a 7 o'clock peak on a Friday. It is a different, totally different, scenario. So Saturdays and Sundays it is extremely busy, but it is also the kind of crowd -- it is more a family walking kind of crowd on Sunday afternoons, never any problems. COUNCILMAN DiCICCO: Thank you. One 68 BILL 980308 other thing. You and I discussed the regulations and the Police Department's ability to apply regulations as the need warrants; you know, as the need comes up. Have you ever had the occasion to implement those regulations on a Sunday afternoon, with the exception of maybe a holiday weekend? LIEUTENANT McCARTHY: We have had to do -- yes, regulations on an extremely busy Sunday night. We have what they call Belmont Plateau. I don't know if you are familiar with Belmont Plateau. COUNCILMAN DiCICCO: Yes. LIEUTENANT McCARTHY: And the Belmont Plateau closes when it gets dark in the park, and everybody comes to South Street. So depending on the situation, I normally don't impose traffic regs as much as I do impose no stopping, because it becomes a party zone. And what I end up having to do to get rid of the party is, I put up No Stopping signs all along the block. And we have to take control of the 69 BILL 980308 blocks. And we do that by doing that sometimes, by imposing an Emergency No Stopping regulations, basically for crowd control. Because everybody is working, operating, and partying out of their vehicles, actually. COUNCILMAN DiCICCO: And if you were the person who had to make a decision as to either include another evening, and your choice was Thursday or Sunday, is it safe to say that you would include Thursday, as opposed to Sunday, or the other way around? Sunday evening, I'm speaking of. LIEUTENANT McCARTHY: Well, historically these have been called weekend traffic restrictions. Sunday is busier than Thursday. COUNCILMAN DiCICCO: In the evening? LIEUTENANT McCARTHY: Not in the evening. COUNCILMAN DiCICCO: I am speaking of the evening hours. LIEUTENANT McCARTHY: In the evening? In the evening, I would say it's probably no different than Thursday, either one of 70 BILL 980308 them. Thursdays and Sundays is probably the same in the evening. COUNCILMAN DiCICCO: But Sunday afternoon, we all agree, it is almost like a Friday night or Saturday night, depending on the weather; right? LIEUTENANT McCARTHY: Yes. COUNCILMAN DiCICCO: Does anyone else up there wish to make a statement or have anything else to add to this? Mr. Ostrander.

Just one thing suggests itself on the basis of the very recent testimony. It's been a number of years, in fact I have no idea when, I doubt if anybody here does, know when, I certainly do not and I have not heard from anybody, when there was an actual traffic count done on a day-to-day basis. If that is the deciding point, I would suggest that it might be worthwhile to postpone final decision until traffic counts have been accomplished and we have a real firm sense of what we're dealing with. 71 BILL 980308 Now, I know that those counts will vary depending upon the weather. Because we are certainly a weather-driven street. I suppose all streets are. But our experience certainly is that Friday and Saturday can be quite overwhelming, and the other nights are not. And that's why the District and its advisory Council and its entire Board supported the Friday and Saturday concept, and would continue to do so, sir. Thank you. COUNCILMAN DiCICCO: Thank you.

Listening to Lieutenant McCarthy go through when he has traffic problems, when he doesn't have traffic problems, I think by listening to that, you could see it's not only one day or two days; it could be almost any time, you know, in warm-weather months. And it is a decision that you have to make. Do you want to put the burden of handling these traffic problems on the police, which you may want to do. And they certainly, if the city wants to spend the money to do that or have those resources taken out of Queen's Village and Society 72 BILL 980308 Hill, if you want to put the burden, or Council wants to put the burden, on the Police Department to handle these traffic situations that he described, that could very well be done. I just go back to my original thesis of saying that in all commercial districts in Center City, there is no other place where there is one lane of traffic, period, end of sentence. COUNCILMAN DiCICCO: And I agree, Herb. And I am looking to see if I can find some ground here that will relieve the police of some of that traffic business that they have to do -- and they are doing a fantastic job -- but give them a little bit more time to deal with the quality of life issues that seem to be even more on the minds of everyone else than the traffic. At least that's what I got out of the meeting the other night.

At one point when we first started these new traffic regs, and the Mayor had a meeting with at the time Commissioner Neal, we thought we would be in a position to take some of those police that were on corners and moving traffic around and -- COUNCILMAN DiCICCO: And send them 73 BILL 980308 into the neighborhoods.

-- sending them into the neighborhoods. Because we were getting, obviously, lots of complaints about quality of life living in a neighborhood that was a block off of South Street. So I just think that the traffic regs Friday and Saturday night has proved that there is an improvement. And if you want to keep improving that improvement, I think you should add to it, not keep it the same or take it away. COUNCILMAN DiCICCO: Thank you. Do you have a comment, Dick?

Well, yes. But it puts me again at odds with the Deputy Mayor. I have 27 years experience living about 150 feet from South Street. And I cannot recall more than a half a dozen instances in that time -- and it is usually one of the large holiday weekends or some special celebration, Greek Picnic weekend, 4th of July weekend, Penn Relays weekend, one of those very significant bursts of visiting energy -- where I have been uncomfortable being a 74 BILL 980308 block and a half from South Street. And, in fact, South Street traffic rarely backs up to my home, which is in the middle of the 400 block, which is exactly a block and a half north of South Street, where if there is backup, we get it. We rarely get it. COUNCILMAN DiCICCO: Thank you. Any questions of these witnesses from the committee? Donna Miller.

Good afternoon. I just want to make a statement. Because sitting here listening, even though in the beginning of the testimony I wasn't here, so I didn't hear everything, but I became very overwhelmed. I used to go to South Street when I worked in South Philly years ago. Certainly 20 there was a whole different South Street. I had not been to South Street shopping until recently, the Saturday night before Easter. I have a 14-year-old daughter that died for me to take her to a store, Unica store. I was truly overwhelmed by the 75 BILL 980120 pedestrian traffic on South Street. I had no idea on a Saturday. About 6:00 or 7:00 at night, it was just hundreds and hundreds. I thought maybe a movie theater or something let out, and droves of people started walking down the street. So I am glad that that's in Councilman DiCicco's district. I just needed to say that. COUNCILMAN DiCICCO: Thank you. Any questions for these witnesses? Anyone else here who wishes to testify? Thank you all for your testimony today. Thank you. Thank you, Herb. The clerk will please read the title of the next bill.

Bill No. 980120, an Ordinance authorizing the Hard Shell Cafe, located at the northeast corner of 9th and Market Streets, Philadelphia, Pennsylvania, 19107, to construct and maintain an electrified marquise projecting from the facade of the Gallery at Market East over the footways of 9th Street and Market Street, under certain terms and conditions.

Good 76 BILL 980120 afternoon, Chairman DiCicco, Councilmembers. My name is Mike Longshore, representing the Streets Department as the Chief Permits Officer, here to testify today on the following bills. In reference to Bill No. 980120, this is not an Administrative ordinance, but an ordinance 8 requested by Hard Shell Cafe located at 9th and Market Street. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain an electrified marquise projecting over the legal right-of-ways of 9th Street and Market Street. This ordinance has no objection by the Streets Department. COUNCILMAN DiCICCO: Any questions for this witness? Anyone else here who wishes to testify? Hearing none, the clerk will please read the title of the next bill.

Bill No. 980146, an ordinance authorizing Boyd's Philadelphia to construct and maintain a canvas canopy on a minimum of 9 feet above the footway in front of the facade 77 BILL 980146 of 1818 Chestnut Street, and projecting approximately feet from the facade of said 4 property, under certain terms and conditions. 5

Once again, 6 Councilmembers, my name is Mike Longshore, 7 Department of Streets, Chief Permits Officer, here 8 to testify on Bill No. 980146. 9 This is not an Administration 10 ordinance, but an Ordinance requested by Boyd's 11 Philadelphia, located at 1818 Chestnut Street. 12 The purpose of this ordinance is to 13 acquire from City Council the legal authority to 14 construction and maintain a canvas canopy adjacent 15 to the front facade of the property, a minimum of 9 16 foot above the south footway, and projecting approximately 16 foot over the south footway of Chestnut Street. This ordinance is not objected to by the Department of Streets. COUNCILMAN DiCICCO: Are we looking for a suspension on any of these?

For Boyd's, yes, and also for the Hard Shell. COUNCILMAN DiCICCO: Bill No. 980120 78 BILL 980162 suspension of Rules?

That's correct. COUNCILMAN DiCICCO: Bill No. 980146, suspension of Rules?

Please. COUNCILMAN DiCICCO: Thank you. Any questions? Anyone else here wishes to testify? The clerk will read the title of the next bill.

Bill No. 980162, an ordinance authorizing Norman Walgen and Marian Walgen, husband and wife, owners of the property located at 1811 Delancy Street, Philadelphia, Pennsylvania, 19103, to construct and maintain a garden terrace over a portion of the south footway of Cypress Street, adjacent to the rear of the property 1811 Delancy Street, under certain terms and conditions.

Once again, Council, my name is Mike longshore, Department of Streets, here to testify on Bill No. 980162. This is not an Administration ordinance, but an ordinance requested by Norman Walgen and Marian Walgen, owners of the property at 79 BILL 980162 1811 Delancy Street. The purpose of this ordinance is to acquire from City Council legal authority to construct and maintain a garden terrace over a portion of the south footway of Cypress Street, adjacent to the rear of the property. The Department of Streets has no 9 objection to this bill. COUNCILMAN DiCICCO: Thank you.

I would ask for a suspension of the Rules, please. COUNCILMAN DiCICCO: Is there other testimony?

Good afternoon, Mr. Chairman, members of the committee. My name is Josh Grimes, representing Norman and Marian Walgen. I have prepared testimony, although I wonder whether it would be better to give you written testimony. COUNCILMAN DiCICCO: That would be wonderful. I will get the clerk to pick them up. Just leave them up, the clerk will come and get them.

Thank you, Mr. Chairman. 80 BILL 980165 COUNCILMAN DiCICCO: You are requesting, I assume, a suspension?

Absolutly. Thank you.

Bill No. 980165, an ordinance authorizing Robert Farrell, owner of the property located at 6300 Torresdale Avenue, Philadelphia, Pennsylvania, 19135, to construct and maintain a canopy roof over the portion of north footway of Robbins Avenue adjacent to the side of the property 6300 Torresdale Avenue, under certain terms and conditions.

Once again, Council members, my name is Mike Longshore, Department of Streets, Chief Permits Officer, here to testify on Bill No. 980165. This is not an Administration ordinance, but an ordinance requested by Robert Farrell, owner of the property located at 6300 Torresdale Avenue. The purpose of this ordinance is to acquire from City Council legal authority to construct and maintain a canopy tent roof over a portion of the north footway of Robbins Avenue adjacent to the side of the property 6300 Torresdale 81 BILL 980166 Avenue. The Streets Department has no 4 objection to the passage of this bill. COUNCILMAN DiCICCO: Any questions for the witness?

I would ask for a suspension of the Rules, also. COUNCILMAN DiCICCO: Any questions for this witness? Anyone else wishes to testify? The clerk will please read the title of the next bill.

Bill No. 980166, an ordinance authorizing Walter Jedrzej, owner of the property located at 4200 Shelmire Street, Philadelphia, Pennsylvania, 19136, to construct and maintain a one-story, wood-frame building addition onto a portion of the north footway of Erdrick Street, adjacent to the side of the property 4200 Shelmire Street, under certain terms and conditions.

Once again, Council, my name is Mike Longshore, Department of Streets, Chief Permits Officer, here to testify on Bill No. 980166. 82 BILL 980166 This is not an Administration ordinance, but an Ordinance requested by Walter Jedrzej, owner of the property located at 4200 Shelmire Street. COUNCILMAN DiCICCO: Why don't we spell that.

I will, Councilman. It is spelled J-E-D-R-Z-E-J. COUNCILMAN DiCICCO: The stenographer is very thankful for that. Is there a request for a suspension on this?

Yes, Councilman. I am going to ask for a suspension on all the bills. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain a one-story, wood-frame building addition onto a portion of the north footway of Erdrick Street, adjacent to the side of the property, 4200 Shelmire Street. This construction project is pending before the Board of Highway Supervisors. The Department of Streets has no objection to the passage of this bill. 83 BILL 980169 COUNCILMAN DiCICCO: Any questions? Anyone else wishing to testify? The clerk will please read the title of the the title of the next bill.

Bill No. 980169, an Ordinance authorizing Frank Borda and Lou Gentile, owners of the property located at 1547-1549 South 13th Street, Philadelphia, Pennsylvania, 19147, to construct and maintain a one-story masonry building addition onto a portion of the south footway of Tasker Street, adjacent to the property 1547-1549 South 13th Street, under certain terms and conditions.

Good afternoon, Council. My name is Mike Longshore, Department of Streets, Chief Permits Officer, representing the Streets Department on Bill No. 19 980169. This is not an Administration ordinance, but an ordinance requested by Frank Borda and Lou Gentile, owners of the property 1547 to 1549 South 13th Street. The purpose of this ordinance is to acquire from City Council the legal authority to 84 BILL 980169 construct and maintain a one-story masonry building addition onto a portion of the south footway of Tasker Street adjacent to the side of the property 1547-1549 South 13th Street. This construction project is pending before the Board of Highway Supervisors. This project also appears to have community support. The Department of Streets has no 10 objection, and we would ask for a suspension of the Rules. COUNCILMAN DiCICCO: Thank you. Any questions? Anyone else wishing to testify? Please read the title of the next bill. Mike, would you be willing to take a five-minute break so we can get Cass out of here? You can stay there. Just why don't you come up, Cass. We will get that bill done.

Bill No. 980210, an ordinance establishing a parking regulation on Dorcas Street, east side, Cottman Avenue, to a point 75 feet north of Cottman Avenue.

Good afternoon. I am Catherine Confare, an analyst 85 BILL 980210 representing the Philadelphia Parking Authority. Bill 980210, introduced by Councilman O'Neill by request. This bill establishes a parking regulation on Dorcas Street, east side, Cottman Avenue to a point 75 feet north of Cottman Avenue. 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. COUNCILMAN DiCICCO: Any questions? Thank you. Again, I apologize. That was the only bill you had; right?

Yes. COUNCILMAN DiCICCO: I should have grabbed you earlier. I am sorry.

Bill No. 980229, an Ordinance regulating the direction of traffic on Carpenter Street, from Broad Street to 15th Street. COUNCILMAN DiCICCO: Thank you for your patience, I know my earlier statement that we would do it a lot more quickly only applies to the people who get heard first, not for the people who have to wait at the end. But there is just no way 86 BILL 980229 we can do you all number one. Sorry.

Good afternoon, Councilmembers. My name is Mike Sweider. I am with McDonald's Corporation. And my associate is Scott Lange. He is a Project Manager for McDonald's. And we propose to rebuild the McDonald's restaurant on the northwest corner of Broad and Carpenter Street, at the location, at the same site as our former restaurant. And we plan to rebuild this location consistent with and in cooperation with the Avenue of the Arts, Incorporated. And in doing so, it is necessary, in order to accommodate left-hand turns off of Broad Street onto Carpenter Street, to make Carpenter Street a two-way street, to allow those left turns to happen. In order to do this, we contracted with Traffic Planning And Design, Incorporated, to conduct a traffic analysis to determine the feasibility of this change of the street traffic pattern. At this point I will turn it over to Kevin Johnson of Traffic Planning And Design, who 87 BILL 980229 conducted that analysis.

I will just put copies of our written report into the record. But as far as the traffic study goes, currently Carpenter Street is one way, in an eastbound direction, between 15th and Broad. On the east side of Broad Street, Carpenter is one way westbound. What's proposed, right now there's no way for anybody traveling north on Broad Street to be able to get into the subject property directly from Broad Street. Therefore, it is necessary to convert that section of Carpenter Street to two-way flow. It is feet wide, it is wide enough to accommodate 16 a single travel lane in each direction. 17 The operations at the intersection 18 itself is a traffic signal at Carpenter and Broad. 19 It would not be impacted. 20 The intersection, and the left-turn 21 movement from northbound Broad Street onto Carpenter 22 Street would operate at the highest possible levels 23 of service, a level service of A. 24 The signage that would be necessary 25 to implement this procedure, that is contained 88 BILL 980229 within the traffic study. We have larger ex exhibits, if you would like to see that. But figure in the report shows existing signage along the corridor, and how the one-way flow is enforced. Figure shows our proposal for the signage and striping that would be necessary to implement this change. COUNCILMAN DiCICCO: Thank you. Anyone else?

Yes. Mr. Chairman, Matthew Schultz, from Avenue of the Arts, Incorporated.

Good afternoon. I am Matthew Schultz, Assistant Director and Project Manager of Avenue of the Arts, Inc. And I am here to represent the Avenue of the Arts as the custodian of South Broad Street, and to share with you that we wholeheartedly endorse the ordinance as proposed. COUNCILMAN DiCICCO: Mr. Schultz, are we still on track with the signage? I see Mr. Marone smiling.

We spent half of our 89 BILL 980229 lives on signage. And, yes, we are on signage. We are working directly with McDonald's to design a store which will fit in with the atmosphere on South Broad Street, the Avenue of the Arts. COUNCILMAN DiCICCO: This is Councilwoman Verna's district, but I face it across the street. I want to make sure we are all okay on that. Any questions?

We are not going to call this the DiCicco family McDonald's or anything like that? COUNCILMAN DiCICCO: Any other questions? Mike, do you need to testify on this? Okay. Anyone else here to wishes who testify?

Good morning, good afternoon, Councilman DiCicco, Councilman Mariano. My name is Kathleen Murray, Chief of Staff to Councilwoman Verna. There is an amendment to this bill 24 that has been requested from our meetings with the Avenue of the Arts staff and various city agencies. 90 BILL 980229 And it would read as such: A new Section 3. This ordinance shall not take effect until the Department of Streets has inspected and approved all operational and physical changes needed to affect the change from one-way to two-way operation. The party in interest shall obtain all necessary permits and pay all costs of such changes, which shall be made in a manner that reflects and retains the level of workmanship of the Avenue of the Arts streetscape improvements. Plans and specifications for these changes shall be subject to the review and approval of the Department of Streets, and the party in interest shall be required to post a performance bond by the Law Department in an amount approved by the City's Risk Manager. Thank you. We would also ask for a suspension of the rules. COUNCILMAN DiCICCO: The clerk will read the title of the next bill.

Bill No. 980269, an ordinance authorizing Patricia Wallace, owner of the property located at 7027 West Passyunk Avenue, 91 BILL 980269 Philadelphia, Pennsylvania, 19153, to construct and maintain a deck on and over a portion of the north footway of Passyunk Avenue adjacent to the front of the property, 7027 West Passyunk Avenue, under certain terms and conditions.

Councilman DiCicco, Councilman Mariano, my name is Mike Longshore, Department of Streets, Chief Permit Officer, here to testify on Bill No. 980269. It is not an Administration ordinance, but an Ordinance requested by Patricia Wallace, owner of the property located at 7027 West Passyunk Avenue, Philadelphia, PA, 19153. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain an elevated deck on and over the legal right-of-way of Passyunk Avenue adjacent to the front of this property. The owner has made application to the Board of Highway Supervisors, and it has been approved. This ordinance is supported by the Department of Streets and recommended to your committee for favorable action. I also ask for a 92 BILL 980272 suspension of the Rules. COUNCILMAN DiCICCO: Thank you. Any questions. Anyone else who wishes to testify? Please read the title of the next bill.

Bill No. 980272, an Ordinance authorizing Jose Rodriguez, owner of the property located at 7101 Rutland Street, Philadelphia, Pennsylvania, 19149, to construct and maintain aside deck on and over a portion of the north footway of Princeton Avenue, adjacent to the side of the property 7101 Rutland Street, under certain terms and conditions.

Good afternoon, Councilman DiCicco, Councilman Mariano. My name is Mike Longshore, Departments of Streets, Chief Permit Officer, here to testify on Bill No. 20 980272. This is not an Administration ordinance, but an ordinance requested by Jose Rodriguez, owner of the property located at 7101 Rutland Street Philadelphia, PA, 19149. The purpose of this ordinance is to 93 BILL 980276 acquire from City Council the legal authority to construct and maintain an elevated deck on and over the legal right-of-way of Princeton Avenue adjacent to the side of this property. This ordinance has no objection by the Department of Streets. And I also will ask for a suspension of the Rules. COUNCILMAN DiCICCO: Any questions? The clerk will please read the title of the next bill.

Bill No. 980276, an Ordinance authorizing Richard Miller and Laura Miller, husband and wife, owners of the property located at 3470 Amber Street, Philadelphia, Pennsylvania, 19134, to construct and maintain a one-story masonry garage addition onto a portion of the east footway of Coral Street, adjacent to the rear of the property 3470 Amber Street, under certain terms and conditions.

Good afternoon, Councilman DiCicco, Councilman Mariano. My name is mike Longshore, Department of Streets, Chief Permit Officer, here to testify on Bill No. 25 980276. 94 BILL 980276 This is not an Administration ordinance, but an ordinance requested by Richard and Laura Miller, owners of the property located at 3470 Amber Street. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain a one-story masonry garage addition adjacent to the rear of the property, which extends onto and over the east footway and legal right-of-way of Coral Street. The Streets Department has no 13 objection to the passage of this bill and asks for a suspension of the Rules. COUNCILMAN DiCICCO: Any questions?

Mr. Miller sent a letter from his doctor, I will just give it, stipulating that he needs this because he suffers from various health ailments. COUNCILMAN DiCICCO: Thank you. Please read the title of the next bill.

Bill No. 980302, an ordinance authorizing the Sanmore Partnership to construct and maintain an illuminated marquise, minimum of 12 feet, 4 inches, above the footway in 95 BILL 980302 front of the facade of the Adrian Theater at 2032 Sansom Street, and projecting approximately feet, 4 8 inches, from the facade of said property, under 5 certain terms and conditions. 6

Good afternoon, Councilman DiCicco, Councilman Mariano. My name is Mike Longshore, Department of Streets, Chief Permit Officer, here to testify on Bill No. 10 980302. This is not an Administration ordinance, but an ordinance requested by Sanmore Partnership, owners of the property located at 2032 Sansom Street. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain an illuminated marquise adjacent to the front facade of the property, projecting over the south footway of Sansom Street. The Streets Department has no 21 objection to the passage of this bill and asks for a suspension of the Rules. COUNCILMAN DiCICCO: Anyone here that wishes to testify? Please read the title of the next 96 BILL 980338, 980339 bill.

Bill No. 980338, an Ordinance authorizing the Crime Prevention Association of Philadelphia, 230 South Broad Street, Suite 4E, Philadelphia, Pennsylvania, 19102, owner of the property 2407, 2419-37 South Broad Street, Philadelphia, Pennsylvania, 19148, to construct and maintain one electrified marquise with ground level wing walls and one marquise projecting over the east footway of South Broad Street, under certain terms and conditions. And companion Bill No. 980339, an Ordinance authorizing the Crime Prevention Association of Philadelphia, 230 South Broad Street, Suite 4E, Philadelphia, Pennsylvania, 19102, owner of the property located at 2407, 2419-37 South Broad Street, Philadelphia, Pennsylvania, 19148, to construct and maintain various encroachments onto the east footway of South Broad Street, under certain terms and conditions.

Good afternoon, Councilman DiCicco, Councilman Mariano. My name is Mike Longshore, Departments of Streets, Chief Permit Officer, here to testify on Bill No. 97 BILL 980338, 980339 980338 and companion Bill No. 980339. These are not Administration ordinances, but an ordinance requested by the Crime Prevention Association of Philadelphia, located at 230 South Broad Street, Suite 4E, Philadelphia, PA, 19102. The purpose of Ordinance 980338 is to acquire from City Council the legal authority and permission to construct and maintain two marquises, one being electrified with ground-level wing walls, onto and above the east footway of South Broad Street. In reference to Bill No. 980339, the purpose of that ordinance is to acquire from City Council the legal authority and permission to construct and maintain two sets of masonry steps and railings onto the east footway of South Broad Street, extending a maximum of 5 foot, 5 inches. Both ordinances are supported by the Department of Streets, both are recommended to your committee for favorable action, with the suspension of the Rules on both. COUNCILMAN DiCICCO: Thank you. Any questions? 98 BILL 980340, 980341 Please read the title of the next bill.

Bill No. 980340, an ordinance authorizing Harry Sarkisian, owner of the property 604 through 606 South 3rd Street, Philadelphia, Pennsylvania, 19106, to construct and maintain two electrified signs projecting from the facade of the building 604 to 606 South 3rd Street over the west footway of South 3rd Street and over the south footway of South Street, under certain terms and conditions. And companion Bill No. 980341, an ordinance authorizing Harry Sarkisian, owner of the property located at 604 to 606 South 3rd Street, Philadelphia, Pennsylvania, 19106, to construct and maintain various encroachments onto and over the south footway of South Street and the west footway of South 3rd Street, adjacent to 604 to 606 South 3rd Street, under certain terms and conditions.

Good afternoon, Chairman DiCicco. My name is Mike Longshore, Department of Streets, Chief Permit Officer, here to testify on Bill No. 980340 and companion Bill No. 980341. 99 BILL 980340, 980341 These are not Administration ordinances, but ordinances requested by Harry Sarkisian, the owner of the property located at 604 to 606 South 3rd Street. The purpose of Bill No. 980340 is to acquire from City Council the legal authority and permission to construct and maintain two electrified and projecting signs that extend a maximum of 5 foot over the public right-of-way. In reference to Bill No. 980341, the companion bill, the purpose of this ordinance is to acquire from City Council the legal authority and permission to construct and maintain various encroachments which include an 8 inch raised deck and adjoining fence, which encroaches a maximum of 5 foot, 4 inches, on both South Street and South 3rd Street frontages, also a stationary awning which extends over the west footway of South 3rd Street, a maximum of foot, inches. The Streets Department has no 22 objection to passage of Bill No. 980340 or 980341. We ask for a suspension of Rules on both bills. COUNCILMAN DiCICCO: Any questions? Thank you. 100 BILL 980374 Please read the title of the next bill.

Bill No. 980374, an ordinance authorizing DemCore II, L.P., 2006 Sansom Street, Philadelphia, Pennsylvania, 19103, to construct and maintain an electrified marquise attached to the property 2010 through Sansom 9 Street, and projecting over the south footway of 10 Sansom Street, under certain terms and conditions. 11

Good 12 afternoon, Councilman DiCicco and Councilman Mariano. My name is Mike Longshore, Department of Streets, Chief Permit Officer, here to testify on Bill No. 980374. This is not an administrative ordinance, but an ordinance requested by DemCore II, Limited Partnership, located at 2006 Sansom Street. The purpose of this ordinance is to acquire from City Council the legal authority to construct and maintain an electrified marquise adjacent to the front facade of the property projecting over the south footway of Sansom Street. The Department of Streets has no 101 BILL 980336 objection to the passage of this bill and asks for a suspension of the Rules. COUNCILMAN DiCICCO: Thank you. Any questions? The clerk will read the title of the next bill.

Bill No. 980336, an ordinance granting permission to Level Three Communications LLC, a Delaware limited liability company registered to do business in Pennsylvania, and its successors, assigns, and agents, to construct, maintain, and operate, replace and remove a telecommunications system in and under the public rights-of-way in city streets, and/or to place such telecommunication system within the existing facilities owned by Bell Atlantic PA, PECO Energy Company, Southeastern Pennsylvania Transportation Authority, Consolidated Rail Corporation, CSX Corporation, or other entity holding a grant pursuant to other city ordinances, all under certain terms and conditions.

Good afternoon, Councilman DiCicco, Councilman Mariano. My name is Mike Longshore, Department of Streets, 102 BILL 980336 Chief Permit Officer, here to testify on Bill No. 3 980336. This is not an Administration ordinance, but an Ordinance requested by Level Three Communications, Incorporated, located at 2010 Corporate Ridge, Suite 700, McKleen, Virginia. The purpose of this ordinance is to acquire from City Council the legal authority and permission to construct and maintain a fiber optics network and telecommunications system in and under the public right-of-way at various locations along their specified route. This ordinance is supported by the Department of Streets and recommended to your committee for favorable action. I ask for a suspension of the Rules. COUNCILMAN DiCICCO: Any questions? Anyone here to wishes to testify? Please read the title of the next bill.

Bill No. 980337, an ordinance granting permission to NexLink of Pennsylvania, L.P., registered to do business in Pennsylvania, and its successors, assigns, and 103 BILL 980337 agents, to construct, maintain and operate, replace and remove a telecommunications system in and under the public rights-of-way and city streets and/or to place such telecommunications system within the existing facilities owned by Bell Atlantic PA, Inc., PECO Energy Company, Southeastern Pennsylvania Transportation Authority, Consolidated Rail Corporation, CSX Corporation, or other entity holding a grant pursuant to other city ordinances, all under certain terms and conditions.

Good afternoon, Councilman DiCicco and Councilman Mariano. My name is Mike longshore, Department of Streets, Chief Permit Officer here to testify on Bill No. 980337. This is not an Administration ordinance, but an ordinance requested by NexLink of Pennsylvania, Limited Partnership, located at 925 Berkshire Boulevard, Wilmossing, Pennsylvania. The purpose of this ordinance is to acquire from City Council the legal authority and a permission to construct and maintain a fiber optics network and telecommunications system in and under the public right-of-way at various locations along 104 BILL 980337 their specified route. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action. Once again, I ask for a suspension of the Rules. COUNCILMAN DiCICCO: Thank you. Any questions? Is there anyone else here who wishes to testify? Please come forward state your name for the record and speak directly into the microphone, please.

Good afternoon, Councilman DiCicco, Councilman Mariano. My name is Gary Rauding. I am the President of NexLink, Pennsylvania, and I am really here today just to request that the committee approve Bill No. 980337. And I have brought information on NexLink, as well as some written testimony that I would like to provide for the committee, and answer any questions you might have. COUNCILMAN DiCICCO: I may have one question. Earlier today there was some testimony concerning the development of a Fresh Fields Supermarket on South Street, from between 9th and 105 BILL 980337 10th. Are you familiar with that?

No. 5 COUNCILMAN DiCICCO: I am just wondering, because there will be considerable construction going on there. I'm not certain if there will be any underground utilities that will be affected. Just as a word of advisement to you, that you might want to double check with the construction schedule to see if, I don't know if it would interfere with what you are planning to do here or not.

Thank you. I will do that.

Councilman, Fresh Fields, when they begin construction, had already contacted me as far as underground plans for utility work, to see if there was any interference with the work. COUNCILMAN DiCICCO: I just wanted to make sure. I didn't want to see you guys have to do something, and later have to remove it, or whatever, or vice versa. 106 BILL 980376 I thank all of you for your patience and time here.

Bill No. 980376, an ordinance granting permission to IXC Carrier, Inc., a Nevada Corporation, registered to do business in Pennsylvania, and its successors, assigns, and agents, to construct, maintain, and operate, replace and remove, a telecommunications system in and under the public rights-of-way of city streets, and/or to place such telecommunications system within the existing facilities owned by Bell Atlantic PA, PECO Energy Company, Southeastern Pennsylvania Transportation Authority, Consolidated Rail Corporation, CSX Corporation, or other entity hold a grant pursuant to other city ordinances, all under certain terms and conditions.

Good afternoon, Councilman DiCicco, Councilman Rizzo, Councilman Mariano. My name is Mike Longshore, Department of Streets, Chief Permit Officer, here to testify on behalf of Bill No. 980376. This is not an Administration ordinance, but an Ordinance requested by IXC Carrier, Incorporated, located 1122 Capital of Texas 107 BILL 980376 Highway South, Austin, Texas, 78746. The purpose of this ordinance is to acquire from City Council the legal authority and permission to construct and maintain a fiber optics network and telecommunications system in and under the public right-of-way at various locations along their specified route. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action. I would also ask for a suspension of the Rules, Councilman. COUNCILMAN DiCICCO: Thank you. Any questions from the committee? Councilman Rizzo.

I don't know if the appropriate person is here to answer this question. If not, maybe you can get back to me. I would like to know, when fiber optic cable is installed overhead and it is replacing a Bell Atlantic of Pennsylvania existing facility, I have been told that Bell and other utilities are abandoning in place the old cable. Do you know that communities complain about clutter cables, overhead, unnecessary cables? 108 BILL 980376 I would like to know, has the Streets department -- and I know that there are some regulations that require a utility that is abandoning a cable that is no longer being utilized, to be removed.

Councilman Rizzo, I am not the person to answer that for you, but I will look into it. Now that you mention it -- and some of the sizes of the fiber optics cables coming out are one-sixteenth of an inch, I believe. That has not come up in any -- I believe it came up a couple of times on construction sites, but particularly 2nd and Girard, before I came downtown. We removed some PECO and Bell lines that were abandoned there. Whether it is common practice, I'm not quite sure. But I will look into that.

I would certainly hope that with the overhead congestion that we have, that anything that is no longer being utilized by a utility, they find that sometimes just leaving it there is less expensive than recovering it. And it disappoints me sometimes. The 109 BILL 980376 electric utility business, when it is copper, they recover it. When it is not copper, they let it hang there. And in some of the innercity neighborhoods that junk really needs to b removed.

Perhaps I believe there was a future telecommunications bill that possibly may come up next session. Perhaps I could talk to the Legal Department and see if they can add those clauses in there.

Great. Thank you. COUNCILMAN DiCICCO: This concludes the Public Hearing on the Committee of Streets and Services. Anyone else here to wishes who testify? I apologize. I didn't see you back there.

Ken Bates, and I represent IXC in this. And good afternoon to Chairman DiCicco and the committee members. In regards to Councilman Rizzo's question, as far as abandoned facilities, I would like to reassure him that IXC as a corporation, in the event that we do replace systems or subsystems, 110 BILL 980376 we do remove the equipment that we no longer use. And with the project we have here, it does not replace anything. This would be an addition to what we already have in place. And would like to hope that we can do business with the City of Philadelphia and that you pass our ordinance. We have a few people employed here in the city right now, and this is an expansion of our efforts. Thank you.

I'm glad to hear that you are one of the few that do that. Because you are in that few. COUNCILMAN DiCICCO: Any other questions? This concludes the Public Hearing of the Committee on Streets and Services. We will now go to the Public Meeting. (Public Hearing adjourned.) - - - 111 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING of the COMMITTEE ON STREETS AND SERVICES - - - Wednesday, May 13, 1998 - - - Public Meeting conducted by the Committee on Streets and Services, held in Room 400, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 980120, 980146, 980162, 980165, 980166, 980169, 980192, 980210, 980229, 980237, 980243, 980244, 980269, 980272, 980276, 980302, 980308, 980309, 980310, 980313, 980336, 980337, 980338, 980339, 980340, 980341, 980373, 980374, 980375, 980376, 980377 - - - PRESENT: COUNCILMAN FRANK DiCICCO, Chair COUNCILMAN RICHARD T. MARIANO COUNCILMAN FRANK RIZZO COUNCILMAN ANGEL L. ORTIZ - - - 112 PUBLIC MEETING COUNCILMAN DiCICCO: The Chair wants to recognize that Councilman Ortiz has now joined us.

Mr. Chairman, I move that Bill No. 980120 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading in the next session of Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980120 be referred out of committee with a favorable recommendation and with a recommendation that the Rules of Council be suspended. All those in favor signify by saying aye. Nay. The bill is passed.

Mr. Chairman I move that Bill No. 980146 be moved out of committee with a favorable recommendation and a recommendation that the Rules of Council be suspended so as to permit first reading at our next session of City 113 PUBLIC MEETING Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980146 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 The bill is passed.

Mr. Chairman, I move that Bill No. 980162 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980162 be reported out of committee with a favorable recommendation and that the rules of Council be suspended. All those in favor let it be known by saying aye. 114 PUBLIC MEETING Those opposed say nay. The bill is passed.

Mr. Chairman, I move that Bill No. 980165 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980165 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. Those opposed say nay. The bill is passed.

Mr. Chairman, I move that Bill No. 980166 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. 115 PUBLIC MEETING (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980166 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those favor let it be known by saying aye. Those opposed say nay. The bill is passed.

Mr. Chairman, I move that Bill No. 980169 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980169 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. 116 PUBLIC MEETING Those opposed say nay. The bill is passed.

Mr. Chairman, I move that Bill No. 980192 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980192 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. Those opposed say nay. The bill is passed.

Mr. Chairman, I move that Bill No. 980210 be moved out of committee with a favorable recommendation, and no 23 recommendation for Rules. (Duly seconded.). COUNCILMAN DiCICCO: It has been 117 PUBLIC MEETING properly moved and seconded that Bill No. 980210 be reported out of committee with a favorable recommendation. All those in favor let it be known by saying aye. Nay. The bill is passed.

Mr. Chairman, I move that Bill No. 980229 be moved out of committee with a favorable recommendation, as amended, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980229, as amended, be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. Those opposed say nay. The bill is passed.

Mr. Chairman, I 118 PUBLIC MEETING move that Bill No. 980237 be moved out of committee with a favorable recommendation. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980237 be reported out of committee with a favorable recommendation. All in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980243 be moved out of committee with a favorable recommendation. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980243 be reported out of committee with a favorable recommendation. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980244 be moved out of committee with a favorable recommendation. 119 PUBLIC MEETING (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980244 be reported out of committee with a favorable recommendation. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980269 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980269 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I 120 PUBLIC MEETING move that Bill No. 980272 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980272 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980276 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980276 be reported out of committee with a favorable 121 PUBLIC MEETING recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980302 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980302 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980308 be held in committee. (Duly seconded.) COUNCILMAN DiCICCO: It has been 122 PUBLIC MEETING properly moved and seconded that Bill No. 980308 be held in committee.

Mr. Chairman, I move that Bill No. 980309 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980309 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980310 be moved out of committee with a favorable recommendation. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980310 be reported out of committee with a favorable 123 PUBLIC MEETING recommendation. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980313 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980313 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended All in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980336 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. 124 PUBLIC MEETING (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980336 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980337 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980337 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. The bill is passed. 125 PUBLIC MEETING

Mr. Chairman, I move that Bill No. 980338 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980338 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980339 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980339 be 126 PUBLIC MEETING reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980340 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980340 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980341 be moved out of committee with a favorable recommendation, and a 127 PUBLIC MEETING recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980341 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980373 be moved out of committee with a favorable recommendation. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980373 be reported out of committee with a favorable recommendation. All those in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I 128 PUBLIC MEETING move that Bill No. 980374 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980374 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980375 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980375 be reported out of committee with a favorable 129 PUBLIC MEETING recommendation and that the Rules of Council be suspended. All in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980376 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980376 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended. All in favor let it be known by saying aye. The bill is passed.

Mr. Chairman, I move that Bill No. 980377 be moved out of committee with a favorable recommendation, and a recommendation that the Rules of Council be 130 PUBLIC MEETING suspended so as to permit first reading at the next session of City Council. (Duly seconded.) COUNCILMAN DiCICCO: It has been properly moved and seconded that Bill No. 980377 be reported out of committee with a favorable recommendation and that the Rules of Council be suspended All in favor let it be known by saying aye. The bill is passed. COUNCILMAN DiCICCO: This concludes the Public Meeting of the Committee of Streets and Services. Thank you. (Public Meeting adjourned at 3:30 p.m.) - - - 131 C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Wednesday, May 13, 1998, were reported fully and accurately by me, and that this is a correct transcript of same. RE: Committee on Streets and Services _____________________________________ DEBRA A. WHITEHEAD, RPR