COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING COMMITTEE ON STREETS AND SERVICES - - - - Room 696, City Hall Philadelphia, Pennsylvania Monday, October 27, 2003 2:25 p.m. - - - - BILL 020477, BILL 020478, BILL 030166, BILL 030424, BILL 030427, BILL 030554, BILL 030615, BILL 030616, BILL 030643, BILL 030646, BILL 030655, BILL 030659, BILL 030661 PRESENT: COUNCILMAN FRANK DICICCO, Chairman COUNCILMAN WILSON GOODE COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK RIZZO COUNCIL PRESIDENT ANNA C. VERNA - - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 I N D E X BILL 030166 PAGE PAUL LONIE, Streets Department...................... BILL 030424 PAUL LONIE, Dept. of Streets........................ MARTIN SOFFER, City Planning Commission............. BILL 030427 PAUL LONIE, Dept. of Streets........................ MARTIN SOFFER, City Planning Commission............. MR. PRIMAVERA. .................................... BILL 030643 PAUL LONIE, Dept. of Streets........................ MARTIN SOFFER, City Planning Commission............. 10 BILL 030655 PAUL LONIE, Dept. of Streets........................ MARTIN SOFFER, City Planning Commission............. JOANNE PHILLIPS, University of Pennsylvania......... BILL 030661 PAUL LONIE, Dept. of Streets........................ MARTIN SOFFER, City Planning Commission............. MARVIN GERSTEIN, Temple University.................. TAD BISHOP, Temple University....................... BILL 020477 CHARLES DENNY, Dept. of Streets..................... 16 BILL 020478 CHARLES DENNY, Dept. of Streets..................... 17 BILL 030616 WILLIAM MAUTZ, Dept. of Streets..................... 25 20 JOHN ROCCO, Newsstand Association................... 26 JOSEPH BELLER, ESQUIRE, Newsstand Assoc............. 27 BILL 030554 OTIS HAIGLER, Dept. of Licenses and Inspections..... 30 BILL 030646 OTIS HAIGLER, Dept. of Licenses and Inspections..... 31 BILL 030659 CHARLES DENNY, Dept. of Streets..................... 33 3 10/27/03 - STREETS - BILL 030166
Good afternoon, everyone. Committee on Streets and Services is now in session. We do have a quorum. Council President Anna Verna is here, Councilmember Wilson Goode, Darrell Clarke, Frank Rizzo and myself, the Chairman, Frank DiCicco. The Clerk will begin reading the title of the first bill.
Bill No. 030166, an ordinance 11 amending Section 2 of an ordinance (Bill No. 980803) approved a January 5, 1999, entitled an ordinance 13 authorizing the revision of lines and grades on a portion of City Plan No. 27-S by striking from the City Plan and vacating the legally open portions of Dilworth Street from Wolf Street to Ritner Street; by striking from the City Plan Ritner Street from Dilworth Street to Weccacoe Avenue; by vacating Martin Street from Weccacoe Avenue to a point approximately 281 feet southwestwardly therefrom, and by vacating Greenville Street from Weccacoe Avenue to Dilworth Street, all under certain terms and conditions, by extending the period for compliance with the authorization condition therein.
Good afternoon, Mr. Chairman, 4 10/27/03 - STREETS - BILL 030424 Members of the Committee. My name is Paul Lonie, the Survey Bureau Manager with the Department of Streets. And the Department would like to withdraw Bill No. 030166, this being a duplication of effort. There is an administration ordinance that covers this ground already in place. So again, we ask that to be withdrawn.
Bill No. 030424, an ordinance 12 authorizing the revision of lines and grades on a portion of City Plan No. 165 by striking from the City Plan Crefeld Street from Gravers Lane to Meade Street and by reserving and placing on the City Plan a certain right-of-way for drainage purposes and water main purposes, all under certain terms and conditions.
Good afternoon, Mr. Chairman and Members of the Committee. Again, my name is Paul Lonie, the Survey Bureau Manager of the Department of Streets. And the Department would like to offer the following testimony on Bill No. 24 030424: This is not an administration ordinance, 5 10/27/03 - STREETS - BILL 030424 but an ordinance requested by Mr. Peter Farnum, 144 West Meade street. The purpose of this ordinance is to permanently and legally remove Crefeld Street from the City Plan. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.
Good afternoon, Mr. Chairman, Members of the Streets and Services Committee. My name Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the striking from the City Plan and the vacating of an unneeded paper street located in the Chestnut Hill section of Northwest Philadelphia. The purpose of this ordinance is to assure that the paper street will never become a public path between properties. The Planning Commission recommended approval of this action at its meeting on June 17, 2003. Therefore, the Planning Commission recommends that Bill No. 030424 be approved. Thank you. 6 10/27/03 - STREETS - BILL 030427
Thank you. Anyone have questions from the witnesses Committee? (No response.)
Anyone here who wishes to testify on behalf of this bill or against it? (No response.)
Seeing none, the Clerk will read the title of the next bill.
Bill No. 030427, an ordinance 13 authorizing and directing the revision of lines and grades on a portion of City Plan No. 238 by striking from the City Plan and vacating Norfolk Street and Beck Street from Swanson Street to the right-of-way line of the Delaware Expressway (I-95) more or less and striking from the City Plan and vacating a certain unnamed street which connects Norfolk Street and Beck Street, under certain terms and conditions.
Good afternoon, Mr. Chairman and Members of the Committee. Again, my name is Paul Lonie, Survey Bureau of the Department of Streets. And the Department would offer the following testimony on Bill No. 030427: 7 10/27/03 - STREETS - BILL 030427 This is not an administration ordinance, but an ordinance requested by Mr. Christopher Chiacchio of DuBois, Sheehan, Hamilton & Levin, Attorneys at Law, in Camden, New Jersey, who represented at the time Swanson Industries. The purpose of this ordinance is to strike and vacate the legally open portions of these streets from the City Plan to expand commercial activity -- I'm sorry. To expand residential activity in the area. This ordinance is supported by the Department of Streets and is recommended to Committee for favorable action.
Good afternoon, Mr. Chairman, Members of Streets and Services Committee. Again, my name is Martin Soffer. The proposed ordinance authorizes the striking from the City Plan and the vacating of two minor streets in the Queens Village section of South Philadelphia. The purpose of this ordinance is to allow for the assembly of ground for the proposed development of 50 town homes. Beck Street, one of the two minors streets, is listed as historic and 8 10/27/03 - STREETS - BILL 030427 the Belgium block pavement will be preserved as part of the proposed residential development. The City Planning Commission recommended approval of this action at its meeting on June 17, 2003. Therefore, the Planning Commission recommends that Bill No. 030427 be approved. Thank you.
Any questions for these witness from the Committee? (No response.)
Councilman DiCicco, Members of the Committee, the Rigerio Development Group has been working, as you know, with the community, Queen Village and other groups to finally eliminate the blight that's been in this area and build 50 luxury townhouses. We're excited about the prospect. Our closing date is coming up very quickly, so we would ask your cooperation in suspending the Rules. I also would just like to show you two exhibits as an update as to where we are. I know you know the site of the former poultry operation, 9 10/27/03 - STREETS - BILL 030643 but this is the site plan. And we are happy to save those two historic streets and return the cobblestone to their original location. And to show the elevations, we think it's going to really be attractive. You see a lot of glass, a lot of different detail. So we think this is really a home run for everyone, and we thank you and the Committee for your help on this.
Thank you. Any questions for these witnesses from the Committee? (No response.)
Anyone else here who wishes to testify for or against this bill? (No response.)
Seeing none, the Clerk will read the title of the next bill.
Bill No. 030643, an ordinance 20 authorizing the revision of lines and grades on a portion of City Plan No. 313 by widening Suffolk Avenue where it meets Island Avenue by relocating the northerly curb line and house line of Suffolk Avenue approximately 143 feet northward along Island Avenue. 10 10/27/03 - STREETS - BILL 030643
Good afternoon, Mr. Chairman and Members of the Committee. Again, my name is Paul Lonie, the Survey Bureau Manager. The Department of Streets would like to offer the following testimony on Bill No. 030643: This is an Administration ordinance 8 requested by the Streets Department. The purpose of this ordinance is to widen the existing roadway to accommodate the new postal facility being built in southwest Philadelphia. This ordinance is supported by the Department of Streets and is recommended to Committee for favorable action.
Good afternoon, Mr. Chairman and Members of Streets and Services Committee. My name is Martin Soffer and I'm here to testify on behalf of City Planning Commission. The proposed ordinance authorizes the widening of a portion of Suffolk Street north and east of the existing intersection of Suffolk and Island Avenue located in the Eastwick section of Southwest Philadelphia. The purpose of this ordinance is to redesign and create a 90 degree intersection for 11 10/27/03 - STREETS - BILL 030655 public safety. The Planning Commission will recommend approval of this action at its meeting on November 18, 2003. Therefore, the Planning Commission recommends that Bill No. 030643 be approved. Thank you.
Thank you. Any questions for these witnesses from the Committee? (No response.)
Anyone else here wish to testify for or against this bill? (No response.)
Seeing none, the Clerk will read the title of the next bill.
Bill No. 030655, an ordinance 18 authorizing the revision of lines and grades on a portion of City Plan Nos. 43, 166, 265, and 269 of an area bounded by the University Avenue Extension, Pine Street, 40th Street, Woodland Avenue and University Avenue.
Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie, the Survey Bureau Manager of the Department 12 10/27/03 - STREETS - BILL 030655 of Streets, and the Department would like to offer the following testimony on Bill No. 030655: This is not an Administration ordinance, but an ordinance requested by Mr. William Barton of Barton and & Martin Engineers, a division of Vollmer Associates. The purpose of this ordinance is to reconfigure the streets to construct a new building for the University of Pennsylvania School of veterinary Medicine. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.
Good afternoon, Mr. Chairman and Members of the Streets and Services Committee. My name is Martin Soffer, City Planner, and I'm here to testify on behalf of the City Planning Commission. The proposed ordinance authorizes the revision of lines and grades on portions of University Avenue, Baltimore Avenue, Woodland Avenue, and 39th Street located within the University of Pennsylvania campus. The purpose of this ordinance is to 13 10/27/03 - STREETS - BILL 030655 twofold: One, to improve traffic flow at a complex intersection; and two, to permit of University of Pennsylvania to assemble ground for the construction of a new building. City Planning Commission staff has reviewed and tentatively approved this action and will recommend approval of Bill No. 030655 at its meeting on November 18, 2003. Thank you.
Any questions for these witnesses from the Committee? (No response.)
Thank you, Councilman DiCicco. Joanne Phillips on behalf of the University of Pennsylvania. We would just request a suspension of the Rules so we can move forward as quickly as possible with the street relocation for the utilities.
So noted. Thank you. Any questions for these witnesses? (No response.)
Anyone else to 14 10/27/03 - STREETS - BILL 030661 wishes to testify. (No response.)
Seeing none, the Clerk will read the title of the next bill.
Bill No. 030661, an ordinance 7 authorizing the revision of lines and grades on a portion of City Plan NO. 119 by striking from the City Plan and vacating Delhi Street from 10th Street to Montgomery Avenue and by reserving and placing on the City plan a right-of-way for drainage purposes, water main purpose, gas main purposes, and public utility purposes within the line of Delhi Street being stricken from the City Plan and vacated under authority of this ordinance, under certain terms and conditions.
Good afternoon, Mr. Chairman and Members of the Committee. My name is Paul Lonie, Survey Bureau Manager, and the Department of Streets would like to offer the following testimony on Bill No. 030661: The this is not an Administration ordinance, but an ordinance requested by Mr. William Bergman, Vice President for Operations at Temple University, Broad Street and Montgomery Avenue. 15 10/27/03 - STREETS - BILL 030661 The purpose of this ordinance is to vacate Delhi Street to facilitate the development of apartment units. This ordinance is supported by the Department of Streets and is recommended to your Committee for favorable action.
Good afternoon, Mr. Chairman and Members of the Streets and Services Committee. My name is Martin Soffer, City Planner, and I'm here to testify on behalf the City Planning Commission. The proposed ordinance authorizes the vacating from the City Plan a minor street in the Temple University area of lower North Philadelphia. The purpose of this action is to assemble ground owned by Temple University for the new construction of student housing. City Planning Commission staff has reviewed and tentatively approved this action and will recommend that Bill No. 030661 be approved at its meeting of November 18, 2003. Thank you.
Anyone else here who 16 10/27/03 - STREETS - BILL 020477 wishes to testify for or against this bill? (No response.)
Seeing none, the Clerk will read the title of the next bill.
Bill No. 020477, an ordinance 7 establishing a "No Truck Parking" regulation on Summerdale Avenue from Kendrick Street to Hoffnagle Street. Mr. Chairman, Members of the Committee, thank you for the opportunity to appear before you today. My name is Charles Denny. I am the Assistant Chief Traffic Engineer for the Department of Streets. I'm here to offer testimony on Bill 15 020477, a bill establishing a "No Truck Parking" regulation Summerdale Avenue from Kendrick Street to Hoffnagle Street, both sides. The Streets Department has no objections to this bill. We are posting it under trial ordinance and we'll have the signs posted within three weeks.
Any questions for this witness from the Committee? (No response.)
Anyone else here who 17 10/27/03 - STREETS - BILL 020478 wishes to testify on this bill for or against? (No response.)
Seeing none, the Clerk will read the title of the next bill.
Bill No. 020478, an ordinance 7 establishing a "No Truck Parking" regulation on Friendship Street between Loretto Avenue and Summerdale Avenue.
Mr. Chairman, Members of the Committee, thank you again for the opportunity to appear before you today. Again, my name is Charles Denny and I am Assistant Chief Traffic Engineer for the Department of Streets. I'm here today to offer testimony on Bill 020478, a bill establishing a "No 16 Truck Parking" regulation on Friendship Street from Loretto Avenue to Summerdale Avenue, both sides. The Streets Department has no objections to this bill. We are posting it under a trial ordinance and will have the signs posted within three weeks.
Anyone else here who 18 10/27/03 - STREETS - BILL 030661 wishes to testify for or against this bill? (No response.)
We're going to go back to Bill No. 030661 at the request of the sponsor, Councilman Clarke. I understand there's more testimony. Whoever is testifying on this, please come to the witness table. Identify yourself for the record, please, and proceed with your testimony. MR. GERSTEIN, I'm Marvin Gerstein, Director of Planning and Design at Temple University. Good afternoon, Mr. Chairman and members of the Streets and Services Committee. With me today is Tad Bishop, Deputy Chief of Staff in the Executive Office of the President at Temple. And today Temple is requesting that Delhi Street be stricken from the City Plan and that the street be vacated. A right-of-way will be reserved for public utility purposes in the street bed. Delhi is a minor street that runs through the block bounded by Montgomery Avenue to the north, Cecil B. Moore Avenue to the south, 10th Street on the west and SEPTA Regional Rail Line on the east. 19 10/27/03 - STREETS - BILL 030661 Delhi Street is not a true north-south street, in that it runs south from Montgomery Avenue and turns 90 degrees west at the center of the block to meet 10th Street. The car way is feet, 6 6 inches in width. 7 Previously, this block had been occupied 8 by a beer distributorship, a warehouse office 9 building occupied by Temple and a tavern which had 10 been vacant for a number of years. In addition, 11 Temple University used open space on this block for 12 parking of large trucks. These buildings have now been demolished to make way for reuse of the block by private developer for the construction of approximately 220 apartment units. The apartments will be provided in a building complex of three and four stories along 10th Street, and six stories along the regional rail line. Because of the minor nature and use of the street, its closing will have no negative impact on the adjacent community and no 21 impact whatever on vehicular traffic movement. Temple University has spoken with representatives from the surrounding community, and because Delhi receives no use by local residents, there was no objection to its being vacated. 20 10/27/03 - STREETS - BILL 030661 The university has worked closely with the developer, the architect and the community to address concerns and find a design solution that meets the needs of all parties. If stricken and vacated, the street's right-of-way will be maintained. The right-of-way will be within an enclosed courtyard which will serve as an outdoor gathering space for apartment residents after they have passed through a security check point. In conclusion, we see no negative impact in the closure of Delhi Street. The proposed development appears to be consistent with the City's initiative to remove blight and revitalize parts of the City. This project will add new housing stock to North Philadelphia and will revitalize a block formerly occupied by a beer distributor, a vacant bar, and an aging university building. We appreciate the opportunity to speak before you today on behalf of the Temple University, and we hope the Committee will see fit to support this request. Thank you.
Certainly, I'm here to 21 10/27/03 - STREETS - BILL 030661 support everything that was just said by Mr. Gerstein today, but I believe also the bill sponsor had some questions that he wanted to address to the university, so I'd like to answer those.
Thank you, Mr. Chairman. I'd just like to get a couple of things for the record. And you've indicated some of that with respect to community meetings. Those community meetings were sponsored by Temple or any of the local elected officials?
Yes, Councilman. Temple University certainly was invited to participate by representatives from the community. What we did was meet with some of the community representatives. And from there, they did a broader community discussion to discuss this project. From that, we were able to provide some feedback to the community that helped them to be more comfortable.
Paula Peoples from 22 10/27/03 - STREETS - BILL 030661 Renaissance CDC, Dianne Gas from Norris Homes, Pricilla Woods form Yorktown CDC, the ward leader for the area, State Senator Shirley Kitchen, and there's one other, Councilman. Unfortunately, I'm drawing a zero at the moment.
I'm having senior moments more and more these days. I don't know why, but I am.
Was there any issues with respect to parking discussed about some of the problems that we currently have, the impact on parking on this new facility?
Yes, Councilman. There was significant interest brought to bear by the community in terms of how Temple would handle some of the parking related issues. One of the areas that we focused on was the fact that the parking challenges that the community is dealing with are not caused by residential students but more by commuter students. So we have certainly provided some parking for those that will be living in that facility. But as we speak, we're actually working 23 10/27/03 - STREETS - BILL 030661 with the community to work through some of those parking challenges to come up with a decision made by both the University and community to try to address those concerns.
So there's going to be off-street parking for the new facility, for those residents of that new facility?
And there were off-street parking places provided for the facility just up at the block at 10th and Berks.
Yes, over at the -- we did the Carton Building renovation and the Atlantic Terminal renovation.
Was there any discussion about participation on the construction of this facility?
Yes, a significant conversation. It was a big issue for the community as well as the leaders from the elected committees that w spoke with as well. What we're going to do is we're working with Greater Philadelphia Urban Affairs Coalition as well as the African-American Chamber of Commerce and others to kind of help 24 10/27/03 - STREETS - BILL 030616 structure a program where we're going to -- the goal is to certainly do some outreach to that immediate community in terms of employment opportunities as related to the construction of the facility itself as well as in terms of contracting opportunities. So we're reaching out to address some of those concerns.
Any long-term employment opportunities in the facility?
Yes. There will be long-term employment opportunities. There will be about, I think, just under 10 long-term employment opportunities and we have full commitment from the developer to hire from the community.
Thank you. Any other questions for these witnesses? (No response.)
Seeing none, the Clerk will read the title of the next bill.
Bill No. 030616, an ordinance 24 granting permission to Lougeswaran Vijayhratnam, owner of the newsstand at the southeast corner of 25 10/27/03 - STREETS - BILL 030616 18th Street and Chestnut Street, to construct, use and maintain an electrical conduit with an electrical service line and a telecommunications conduit with a telephone service line in and under the public rights-of-way for the purpose of supplying electrical service and telephone service to the newsstand, under certain terms and conditions.
Good afternoon, Chairman and Members of the Committee. My name is William Mautz and I'm a construction engineer with the Streets Department. I'm here to offer the following testimony for Bill No. 030616 on behalf of the Streets Department: This bill grants permission to Lougeswaran Vijayhratnam, owner of the newsstand at the southeast corner of 18th and Chestnut Street to construct use and maintain an electrical conduit with electrical service line and a telecommunications conduit with a telephone service line in and under the public rights-of-way for the purpose of supplying electrical and telephone service to the newsstand. The Streets Department has reviewed the 10/27/03 - STREETS - BILL 030616 construction plans for this project and has no 3 objection to the passage of the bill.
Good afternoon, Mr. Chairman. I'm John Rocco, President of the Newsstand Association. This is Joe Beller, our attorney; and Mr. Vijayhratnam, the owner of the newsstand at 18th and Chestnut. We're here today because Mr. Vijayhratnam would like electric and phone to be installed at his newsstand. He has vigorously adhered to keeping the area clean and accessible for pedestrians. He recently purchased a new newsstand to enhance his working environment and to improve the aesthetics for the corner. For electric and phone lines to be installed, Councilman Clarke requires in his district a letter of approval from the building owner; in this case, at 1734-36 Chestnut Street. The owner is Mr. Leitenstein (ph). We wrote to Mr. Leitenstein on December 4, 2002. When he did not respond to our letter, we called him. And upon answering the phone, he denied our request of approval saying that the newsstand does nothing for him or his business. Mr. Vijayhratnam, 27 10/27/03 - STREETS - BILL 030616 who is an immigrant, is trying to make his way in this country. Mr. Vijayhratnam needs his electric and phone for heat, air, light and security. He's not asking the City for anything. He wants to purchase his own. He's trying to do the right thing for his family, and we believe he should not be denied such a basic request.
The new newsstands, these are the stands that have the heating and air conditioning systems built in, am I correct.
So there's no other way of -- I mean, other than using a propane tank which we know is dangerous and it's not permitted under the City Code, if I'm not mistaken; is that correct?
Thank you. Joseph Beller, attorney for the Association. This is unusual because although we did not get the support of the landlord of the building behind it, he didn't say no 24 either in the sense that what he said is he wouldn't cooperate. So by not cooperating, we don't think 28 10/27/03 - STREETS - BILL 030616 that should be a veto because, of course, the power is in the hands of Councilman Clarke and the Committee, Councilman Clarke being the District Councilman has the ultimate word, obviously. We've been through this before with all of the Councilmen, both you, Councilman DiCicco and Councilman Clarke worked very hard to get the brand-new stands. And now we have one here and the purpose of the new stands was for -- your main purpose is so it would be warm in the winter and cool in the summer. And without electric, you can't do that. So we're hoping that since he didn't cast is veto by coming in and fighting it that you will take it to mean that your prerogative -- and by the way, the City Charter makes it your prerogative only. It's really not his prerogative by law. So we're hoping you'll exercise your prerogative in favor of the gentleman and allow him to have the electric which will help with the heating and the air conditioning and the telephone. Thank you, Mr. Chairman.
Mr. Beller, Mr. Rocco, how long has the newsstand been at the intersection? A newsstand, not the new one, but a newsstand? 29 10/27/03 - STREETS - BILL 030616
Do you know of any 5 problems that have been encountered as a result of 6 it being at that location? Any complaints from this 7 landlord or the prior landlord. 8
And, of course, as Mr. Rocco 10 pointed out, this being the new newsstand that 11 actually -- 12
New in terms of -- because I want that for the record. New in terms of the structure and the fabric of the stand, but there has been a newsstand at that same location for a minimum of 12 years. I wanted that on the record as well.
Same footprint. Here's been no problem at that stand. As I say, if anything, it's been improved the first 12 years, and from now it's even going to be better because of the new stand.
Thank you. Any questions from these witnesses from the Committee? 30 10/27/03 - STREETS - BILL 030554 (No response.)
Anyone else here who wishes to testify for or against this bill? (No response.).
Seeing none, the Clerk will read the title of the next bill.
Bill No. 030554, an ordinance 9 amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales" by prohibiting sidewalk vending on portions of Chester Avenue and South 54th Street.
Good day, Councilman DiCicco and Members of the Committee. I am Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today, I'm here to provide testimony on Bill 030554, which if enacted prohibit sidewalk sales on portions of Chester Avenue and South 54th street. The Department offers no objections to the enactment of Bill 030554 and is prepared to enforce the provisions of this bill should Council vote for its passage and the Mayor sign it into law. Thank you. I'll be happy to answer any 31 10/27/03 - STREETS - BILL 030646 questions.
Thank you Mr. Haigler. Any questions for this witness from the Committee? (No response.)
Anyone else here who wishes to testify for or against the bill? (No response.)
Seeing none, the Clerk will read the title of the next bill.
Bill No. 030646, an ordinance 14 amending Section 9-205 of the Philadelphia Code entitled "Sidewalk Sales" by prohibiting sidewalk sales on portions of Fox Street, 22nd Street, Allegheny Avenue and Toronto Street.
Good day, Councilman DiCicco and Members of the Committee. I am Otis Haigler, Jr., Legislative and Regulatory Affairs Manager for the Department of Licenses and Inspections. Today, I'm here to provide testimony 030646 which if enacted will prohibit sidewalk sales on portions of Fox Street, 22nd Street, Allegheny Avenue and Toronto Street. 32 10/27/03 - STREETS - BILL 030646 The Department offers no objections to the enactment of Bill 030646 and is prepared to enforce the provisions of this bill should Council vote for its passage and the Mayor sign it into law. Thank you. I'll be happy to answer any questions.
Any questions for this witness from the Committee? (No response.)
Anyone else here who wishes to testify for or against the bill? (No response.)
Seeing none, the Clerk will read the title of the next bill.
Bill No. 030615, an ordinance 17 amending Section 9-206(10) of the Philadelphia Code, entitled "Designated Neighborhood Business Districts" by adding a Section C entitled "Germantown Corridor Business District" consisting of the area of Germantown Avenue extending south from York Street and North to Butler Street, all under certain terms and conditions.
Thank you, Mr. 33 10/27/03 - STREETS - BILL 030659 Chairman. Mr. Chairman, we're withdrawing that particular bill. We have introduced a new bill that better suits the objective of this particular issue on Germantown Avenue. That was introduced at the last Session of Council, and we'll be seeking a hearing at the next Committee meeting of Streets Department.
Thank you, Councilman Clarke. So noted. The Clerk will read the title of the next bill.
Bill No. 030659, an ordinance 14 authorizing the installation of all-way stop signs at the intersection of Sixth Street and Locust Street.
Mr. Chairman, Members of the Committee. Thank you again for the opportunity to appear before you, my name is Charles Denny. I'm the Assistant Chief Traffic Engineer for the Department of Streets. I'm here to offer testimony on Bill 030659. The Pennsylvania Vehicle Code requires PennDOT to develop regulations governing traffic control devices in accordance with the Federal 34 10/27/03 - STREETS - BILL 030659 Highway Administration manual and uniform traffic control devices. These regulations apply to all public highways in Pennsylvania, and the City Solicitor has ruled the Streets Department is legally obligated to comply with the Vehicle Code and related PennDOT regulations. A review of the warrant shows that this location does not meet the warrants for an all-way stop. Police crash accident summaries for the past years, January 1990 to December 2002 show there 12 have been no pedestrian crashes. This intersection 13 has been operating safely for pedestrians as it is. There have been no reportable serious vehicle crashes for of the same 13 years. The warrant requires five remediable reportable crashes in a 12-month period. The volume warrant requires 200 units pedestrians and vehicles per hour for eight hours crossing or entering from the side street. Our count shows a PM peak of 156 units. If the peak hour does not meet this requirement, then the eight-hour average is going to be less. Volume warrant is not met. The Streets Department has other concerns as well. This intersection is within the Center 35 10/27/03 - STREETS - BILL 030659 City signal grid. The Streets Department is presently preparing a construction package that will upgrade all signals in the southeast section of Center City signal grid. This is a $7 million federal aid project. All signalized intersections within this area will be connected via fiber-optic cable to the Traffic Engineering Control Center in the Municipal Services Building. This will enable all the signals to remain in step with each other and to provide motorists using these streets in this quadrant to maintain progression in all four directions. Basically, a vehicle traveling southbound on Sixth Street after receiving a green indication at Chestnut Street will receive a green indication at Walnut Street 15 seconds later, 30 seconds after that green at Spruce Street, 15 seconds later green at Pine Street, and the same at Lombard and South Street. The progression speed is less than miles an hour. The same type of 21 progression is true on northbound, westbound and 22 eastbound streets in this quadrant. The 23 installation of an all-way stop in the middle of 24 this signal grid will have a serious negative 25 effect. 36 10/27/03 - STREETS - BILL 030659 The placement of a stop control is inappropriate. Drivers who are coming south on Sixth Street from Walnut Street who see the signal at Spruce Street will tend to rush through any stop signs that would be installed at Locust or Washington Square and then have to speed up to catch up to the progression at Sixth Street and Spruce. This will lead to an increase number of rear end crashes at Sixth and Washington square. There will also be drivers under these circumstances who will not yield the right-of-way to pedestrians as required by law. This will result in pedestrian crashes. As stated before, this intersection is operating very safely. There's not been a pedestrian crash or a reportable vehicle crash in 13 years. When installing additional traffic control at any intersection, the results should be a safer intersection. Installing stop controls against Sixth and Washington Square will not accomplish this goal. The Streets Department therefore cannot comply with this request. We would also jeopardize losing federal funding for this project for the signal project by installing an unwarranted all-way stop in the middle of a signal grid.
37 10/27/03 - STREETS - BILL 030659 Again, the police crash summaries for the past years show that there have been no 4 pedestrian or reportable vehicle crashes. The 5 intersection is operating safely. 6 The crossing of Sixth Street is 590 feet 7 south of the signalized intersection at Sixth and 8 Walnut. The signal is only green for Sixth Street 9 for 25 seconds with a 3-second yellow. The 10 remainder of the 60 second cycle is red. This 11 provides gaps in traffic of over 30 seconds that are 12 only broken by vehicles turning left off of Walnut 13 Street. When we measured the gaps on Sixth Street, we either measured one very long gap, over 20 seconds, or two smaller gaps which were both larger than the required adequate gap of 12 seconds. The traffic signal at Sixth and Walnut has and will continue to provide adequate gaps for the 27-foot wide crossing of Sixth Street and Washington Square. The definition of an adequate gap is the time required for a pedestrian to judge if there is a gap, start crossing the street and finish crossing the street. For most pedestrians, a walking speed of four feet per second is used. When a large number of elderly are present, then a walking speed 38 10/27/03 - STREETS - BILL 030659 of three feet per second can be used. We used the slower three feet per second walking speed. The width of Sixth Street is 27 feet, dividing by three feet per second gives us nine seconds to cross Sixth Street. We then add three seconds for creation and start-up time to give an adequate gap of seconds. 8 Installing a stop sign against Sixth 9 Street here will interrupt the existing gaps that 10 occur and result in drivers rushing through the stop 11 with the probability of some violating pedestrian 12 rights and striking some of them. Again, our goal should not be to increase pedestrian crashes. At Sixth and Washington Square, we are dealing with a situation in which prevailing traffic conditions indicate that establishing an all-way stop control would lead to a safety problem.
Thank you, Mr. Denny. Paragraph 2 or 3, the paragraph on the first page that begins with "A review of the warrants shows that this location does not meet of warrants," your survey indicates that 200 units pedestrian and vehicular traffic per 8-hour crossing is what would be required. But it says that your actual count at PM peak hours was 156 units per hour. And I think 39 10/27/03 - STREETS - BILL 030659 that the reason why the units is less than the 200 and you only come up with the 156 is because many of the people who reside in Independence Place or Hopkinson House or in that general vicinity feel so unsafe about crossing that intersection that they actually walk one block either north or one block south to cross Sixth Street. And I know this from my own experience just standing out there observing this. I suspect that this has been going on for probably longer than the eight years that I've been in Council. This one intersection, we never can seem to get to a point where the community feels safe. And I understand that you're doing your job. But I guess there's no way of factoring that in unless you surveyed everyone who walks up and down Sixth Street to find out where they live, where they were coming or where they're going to and ask them why they didn't cross Sixth Street at that location to find out why it's only 156 per hour. I suspect, truly suspect, it would be well over 200 units per hour. The next paragraph you talk about the speed check. I was just curious. Progression of speed which is starting the last sentence of that 40 10/27/03 - STREETS - BILL 030659 last paragraph, "the progression in speed is less than miles an hour," is that what you surveyed 4 the vehicles traveling at? Or is that what they're 5 supposed to be in order to make the intersections 6 from Chestnut through Pine? 7
In most of Center City the 8 greens are 15 seconds apart as you move down the 9 street. And when the block lengths are less than 10 500 feet apart, the speed that you can traveling 11 when you get the beginning of the green at the first 12 street, when you get to the second street -- 13
If you were traveling at 25 16 miles an hour, you would catch the tail end of the 17 red at the next one, so it slows you down. 18
I assumed that was 19 correct because I know like in south Jersey at the 20 shore there's some places they actually post it, "if 21 you do 32 miles an hour, you'll make all the 22 lights." 23 The problem with that is in the perfect 24 world, people would obey the speed limit. But 25 again, from my experience in many, many times even 41 10/27/03 - STREETS - BILL 030659 using Sixth Street or going out to observe this, there are very few people that drive miles an 4 hour. And the reason is, I think it's psychological 5 or call it what you want, when people either start 6 out at Sixth and Walnut traveling south or make the 7 light coming from Chestnut to Walnut, there's such a 8 long span from Walnut to Spruce that people tend to 9 go a lot faster because there's just no -- there's 10 nothing telling them other than the 25 mile an hour 11 speed limit sign -- and I don't even know if there's 12 one there, but if it is, as we all know, people 13 ignore those signs -- it's okay to go fast because 14 there's nothing even visually to give them the sense 15 to slow down because to the right you have 16 Washington Square, to the left you have the bank 17 building, and then it kind of set back where 18 Independence Place is so your peripheral vision, if 19 you will, kind of like you're almost out in an open 20 space when you're really driving on a city street. 21 So with all due respect to your report -- 22 and I know you put a lot of time into this and your 23 department has -- I think some of those things you 24 just can't quantity on paper. I mean, it's just the 25 reality of what is going on out there. And it kind 42 10/27/03 - STREETS - BILL 030659 of goes back to on the second page, the paragraph that begins with, "Again, the police crash accident summaries for the past years show no pedestrian 5 or reportable vehicle accidents," I think that's 6 again because people do take the alternative route. 7 And they tell me that. They say, "You know, we're 8 afraid to cross here so I walk down to Walnut or 9 I'll walk down to Spruce." 10 If you live in Hopkinson House and you 11 want to cross over Sixth to get to use some of the 12 stores that are on the ground level of Independence 13 Place, which many of them do for shopping purposes and vice versa, putting aside their recreational things that people do to go use the park, they just take alternate routes. I'm somewhat inclined to agree that a stop sign, given the rest of your testimony probably wouldn't be the best answer for this and I certainly don't want to jeopardize the potential to lose. $7 million in my highway funds here, but maybe does a traffic signal work better than an all-way stop sign?
It would be better than the all-way stop here, yes. 43 10/27/03 - STREETS - BILL 030659
Then can we agree to at least look at that? And here's what I'm going to do so we keep everybody moving on a faster pace. I'm going to ask this Committee to support this bill 6 out but I won't move it for final vote. I'd like to get a meeting up in the next two weeks and I'd like to take it to one of either Independence Place or Hopkinson House with a group a people to talk about all these things. But if a traffic signal device works better, I can live with that because I asked for that four or five years ago. And I was told no 13 because it's going to create back-up stacking on Sixth Street back to Walnut. I just think that something needs to be done. Washington Square, as you know, has been completely renovated. The park service will be taking over. I suspect there will be a lot more activities going on down there. It's going to be more prominent on the tourist guide program because it's Washington Square, the eternal flame and all the things that we're going to do there. So I fully expect even if I was incorrect on my assumption that people take alternate routes to cross, just the fact that it's now going to be more prominent on the tourist guide that more and more 44 10/27/03 - STREETS - BILL 030659 people are going to be using Washington Square. And when they walk out that building to cross over at Locust, we're going to have more problems than we have today. So I want to work with you guys and ladies over there. I just think that we really need to do something. I mean politically it would be great for me to vote it out and say I'm going to do this whole thing and then we get into a battle later on. But I'm not about that. I want to see if we can find a compromise here. So I'm going to ask that we vote it out. I'll hold the bill, and someone from my office will be in touch with you about setting up a meeting with you and whoever else is part of preparing this statement. I'd like to do a little community meeting. And I will do my best to make sure that no one screams and yells and hollers at you. They usually scream and yell and holler at me. Thank you. Any questions are this witness? (No response.)
Anyone else here who wishes to testify? (No response.)
Councilman Clarke. 45 10/27/03 - STREETS - BILL 030659
Thank you, Mr. Chairman. I actually do have one question. With respect to the warrants, every time we ask for a signalization or something that falls out of the parameters of what the Streets Department regulations as are currently formulated in the City, we get this issue about a warrant being thrown up in our face. The warrants that you speak of, how old are they?
Well, the previous set of warrants from the federal government came out in 1988 as part of the MUTCD, the Manual and Uniform Traffic Control Devices. And that was revised in 2000. Actually, it came out in 2001.
Manual and Uniform and Traffic Control Devices contains the warrants for both signals and for all-way stops and other controls. The previous version came out in 1988. The last version or change came out in 2000.
Some things changed, some 46 10/27/03 - STREETS - BILL 030659 things didn't change. But there were some slight changes in both.
That was based on an analysis of today's traffic patterns, both pedestrian and vehicular?
That would have been done by the Transportation Research Board for the FHWA.
I'd like to see it. Because as I'm listening to Councilman DiCicco reference to particular location, there are changing patterns. I know I have a problem, as you may know, over on Rittenhouse Square, 19th Street and South Rittenhouse Square where I can't get a traffic light there. And actually, at the time when we first advised that, there were warrants that was reference of some 20 years ago. And I know the square has increased in population substantially since at that 47 10/27/03 - STREETS - BILL 030659 time. And I'm wondering if the appropriate analysis is done on an ongoing basis to view the change in pedestrian and vehicular patterns in various cities that could sometimes reflect in some of the changing of the warrants. But if you have any updates on a substantial level, I'd like to have look at that so I can get a sense of some of these things makes sense in today's world.
Basically, the warrants are meant that the conditions at the intersection are worse currently and therefore improve when you put the device in and not the reverse where --
Because there are a number of places traffic signals, for instance, cause traffic crashes. So unless your conditions are worse to start with, installing a traffic signal alone and create crashes..
I understand. But there are intersections, as an example, if there was an industrial site and then that industrial site over the period of 10 years change and it's now a commercial site that has a school on the corner, I'm assuming that the warrants associated with that 48 10/27/03 - STREETS - BILL 030659 location when it was an industrial site may not suit this location where we now have a school. So I'm saying when they're changing conditions in neighborhoods, sometimes those warrants aren't appropriate or aren't well suited to the changing conditions in a community.
When conditions change, you look at the conditions and then there are specific warrants for schools which are used. If it changes from an industrial site to a school, there would be specific warrants to look at.
Thank you. - - - - 49 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING COMMITTEE ON STREETS AND SERVICES - - - - Monday, October 27, 2003 - - - - Public meeting conducted by the Committee on Streets and Services, held in Room 696, City Hall, Philadelphia, Pennsylvania, on the above date, to consider action on the following: BILLS 020477, 020478, 030166, 030424, 030427, 030554, 030615, 030616, 030643, 030646, 030655, 030659, 03066. PRESENT: COUNCILMAN FRANK DICICCO, Chairman. COUNCILMAN WILSON GOODE COUNCILMAN DARRELL CLARKE COUNCILMAN FRANK RIZZO COUNCIL PRESIDENT ANNA C. VERNA 50 10/27/03 - STREETS - PUBLIC MEETING
We'll move into the public meeting. The Chair recognizes Councilman Clarke.
Thank you, Mr. Chairman. I make a motion that Bill 030424 be reported out of Committee with favorable recommendation and a request for a suspension of Rules. (Duly seconded.)
It's been properly moved and seconded that Bill No. 030424 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)
Thank you, Mr. Chairman. I make a motion that Bill 030427 be reported out of Committee with favorable 51 10/27/03 - STREETS - PUBLIC MEETING recommendation and a request for a suspension of Rules. (Duly seconded.)
It's been properly moved and seconded that Bill No. 030427 be reported out of this Committee with a favorable recommendation and a further recommendation that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)
I make a motion that Bill 030643 be reported out of Committee with favorable recommendation and a request for a suspension of Rules. (Duly seconded.)
It's been properly moved and seconded that Bill No. 030643 be reported out of this Committee with a favorable recommendation and that the Rules of Council be 52 10/27/03 - STREETS - PUBLIC MEETING suspended. All those in favor signify by saying aye. (Aye.)
I make a motion that Bill No. 030655 be reported out of Committee with favorable recommendation and a request for a suspension of Rules. (Duly seconded.)
It's been properly moved and seconded that Bill No. 030655 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)
The bill is approved. 53 10/27/03 - STREETS - PUBLIC MEETING Councilman Clarke.
I make a motion that Bill No. 030661 be reported out of Committee with favorable recommendation and a request for a suspension of Rules. (Duly seconded.)
It's been properly moved and seconded that Bill No. 030661 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)
I make a motion that Bill No. 020477 be reported out of Committee with favorable recommendation and a request for a suspension of Rules. (Duly seconded.)
It's been properly 54 10/27/03 - STREETS - PUBLIC MEETING moved and seconded that Bill No. 020477 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)
I make a motion that Bill No. 020478 be reported out of Committee with favorable recommendation and a request for a suspension of Rules. (Duly seconded.)
It's been properly moved and seconded that Bill No. 020478 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)
Those opposed? 55 10/27/03 - STREETS - PUBLIC MEETING (No response.)
I make a motion that Bill No. 030659 be reported out of Committee with favorable recommendation and a request for a suspension of Rules. (Duly seconded.)
It's been properly moved and seconded that Bill No. 030659 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)
I make a motion that Bill No. 030616 be reported out of Committee with favorable recommendation and a request for a 56 10/27/03 - STREETS - PUBLIC MEETING suspension of Rules. (Duly seconded.)
It's been properly moved and seconded that Bill No. 030616 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)
I make a motion that Bill 030554 be reported out of Committee with favorable recommendation and a request for a suspension of Rules. (Duly seconded.)
It's been properly moved and seconded that Bill No. 030554 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. 57 10/27/03 - STREETS - PUBLIC MEETING All those in favor signify by saying aye. (Aye.)
I make a motion that Bill 030646 be reported out of Committee with favorable recommendation and a request for a suspension of Rules. (Duly seconded.)
It's been properly moved and seconded that Bill No. 030646 be reported out of this Committee with a favorable recommendation and that the Rules of Council be suspended. All those in favor signify by saying aye. (Aye.)
The bill is approved. This concludes the public meeting on the 58 10/27/03 - STREETS - PUBLIC MEETING Committee on Streets and Services. I thank all of you, Council President Verna, all the Members of the Committee for your cooperation and attendance today. (Council adjourned at 3:14 p.m.) - - - - 59 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 Monday, October 27, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON STREETS AND SERVICES _________________________ Lisa C. Bradley, RPR