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Minutes

Committee Hearing, June 11, 2009

Philadelphia City Council Committee HearingsJun 11, 2009

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COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON STREETS AND SERVICES3 - - -4 Room 400, City Hall5 Philadelphia, Pennsylvania Thursday, June 11, 20096 9:20 a.m. 7 - - - 8 PRESENT: COUNCILMAN FRANK DiCICCO, CHAIR9 COUNCILMAN WILLIAM GREENLEE COUNCILMAN CURTIS JONES, JR.10 COUNCILWOMAN MARIA QUINONES-SANCHEZ COUNCILWOMAN DONNA REED MILLER11 12 BILL 090008 - An ordinance authorizing Tony Elebah to construct, own and maintain, an13 open-air sidewalk cafe at 2457-2459 North 54th Street...14 BILL 090464 - An ordinance authorizing the15 revision of lines and grades on a portion of City Plan Nos. 63 and 67 by relocating the16 northeasterly and southwesterly curblines of the Benjamin Franklin Parkway from17 Twenty-First Street to points northwest of Twenty-Second Street...18 BILL 090466 - An ordinance amending Chapter19 9-400 of The Philadelphia Code, entitled "Carriers"...20 - - -21 22 V A R A L L O Incorporated Litigation Support Services23 Eleven Penn Center 1835 Market Street, Suite 60024 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.267025 2 1 COUNCILMAN DiCICCO: Good2 morning, everyone. This is the Committee3 on Streets and Services. We do have a4 quorum. To my immediate left is5 Councilman Greenlee. To my right is6 Councilwoman Miller and Councilman Jones.7 Mr. Abernathy, please read the8 title of the first bill.9

The Clerk

Bill No. 090466 is10 being held at the request of the sponsor.11 Bill No. 090008, an ordinance12 authorizing Tony Elebah to construct, own13 and maintain an open-air sidewalk cafe at14 2457 to 2459 North 54th Street, under15 certain terms and conditions.16 (Witness approached witness17 table.)18 COUNCILMAN DiCICCO: Good19 morning.20

Mr. Black

Good morning,21 Chairman and members of the Committee.22 My name is Robert Black and I'm a23 construction engineer with the Streets24 Department. I'm here to offer the25 3 9/11/09 - STREETS - BILL 090008, etc.1 following testimony for Bill No. 090008.2 This bill authorizes Tony3 Elebah to construct, own and maintain an4 open-air sidewalk cafe located on 2457 to5 2459 North 54th Street, north of6 Overbrook Avenue.7 The sidewalk cafe consists of8 three tables approximately two feet9 square, with chairs encroaching a maximum10 of seven feet, six inches on the east11 footway of North 54th Street, leaving a12 minimum of 13 feet, six inches clear for13 pedestrian traffic.14 The Streets Department has15 reviewed the plans and has no objection16 to the passage of the bill.17 COUNCILMAN DiCICCO: Thank you.18 Any questions for this witness19 from the Committee?20 (No response.)21 COUNCILMAN DiCICCO: Seeing22 none, Mr. Abernathy, please read the23 title of the next bill.24

The Clerk

Bill No. 090464, an25 4 9/11/09 - STREETS - BILL 090008, etc.1 ordinance authorizing the revision of2 lines and grades on a portion of City3 Plan Nos. 63 and 67 by relocating the4 northeasterly and southwesterly curblines5 of the Benjamin Franklin Parkway from6 21st Street to points northwest of 22nd7 Street; relocating portions the curblines8 of intersections affected thereby;9 striking from the City Plan and vacating10 Callowhill Street from 21st Street to the11 Benjamin Franklin Parkway; and by placing12 on the City Plan a right-of-way for13 various utility purposes within the lines14 of Callowhill Street being stricken.15 (Witnesses approached witness16 table.)17 COUNCILMAN DiCICCO: Good18 morning. Before you begin your19 testimony, I just want the record to20 reflect that Councilwoman Sanchez is also21 in attendance.22 Please proceed with your23 testimony.24

Mr. Morelli

Good morning,25 5 9/11/09 - STREETS - BILL 090008, etc.1 Mr. Chairman and members of the2 Committee. My name is Frank Morelli,3 Survey Bureau Manager of the Department4 of Streets, and the Department of Streets5 would like to offer the following6 testimony on Bill No. 090464.7 This is an administrative8 ordinance requested by Mr. David J.9 Perri, PE, Chief Engineer and Surveyor of10 the Department of Streets.11 The purpose of this ordinance12 is to relocate the curblines and widen13 the footway areas along the Benjamin14 Franklin Parkway from 21st Street to15 points northwest of 22nd Street and to16 strike from the City Plan and vacate17 Callowhill Street from 21st Street to the18 Parkway and place on the City Plan a19 right-of-way for various utility purposes20 within the lines of Callowhill Street.21 The purpose of this proposal is to widen22 the sidewalks and to enhance the23 pedestrian areas of the Parkway and to24 improve traffic flow.25 6 9/11/09 - STREETS - BILL 090008, etc.1 This ordinance is supported by2 the Department of Streets and is3 recommended to your Committee for4 favorable action.5 COUNCILMAN DiCICCO: Thank you.6 Any questions for this witness7 from the Committee?8 (No response.)9 COUNCILMAN DiCICCO: Anyone10 else here who wishes to testify for or11 against the bill?12

Mr. Erickson

Good morning --13 COUNCILMAN DiCICCO: Oh, I'm14 sorry.15

Mr. Erickson

Good morning,16 Chairman DiCicco and members of the17 Streets and Services Committee. I am18 William Erickson --19 COUNCILMAN DiCICCO: It's20 getting close to recess time. We get21 anxious around here. You know, we get22 off for three months. We don't have to23 do anything after next Thursday, we're24 done.25 7 9/11/09 - STREETS - BILL 090008, etc.1 I'm sorry.2

Mr. Erickson

I'm here to3 testify on Bill No. 090464, which4 Councilman Clarke introduced into City5 Council on June 4th, 2009.6 This bill will implement the7 circulation changes recommended in the8 Benjamin Franklin Parkway Circulation,9 Parking and Transit Study done for the10 Planning Commission and the Commerce11 Department in January 2007 and will12 follow the Fairmount Park Commission's13 landscape design guidelines.14 The Planning Commission at its15 meeting on June 9th, 2009 recommended16 that Bill No. 090464 be approved.17 This concludes my testimony.18 COUNCILMAN DiCICCO: Thank you.19 Any questions for this witness20 from the Committee?21 (No response.)22 COUNCILMAN DiCICCO: Anyone23 else here who wishes to testify for or24 against the bill?25 8 9/11/09 - STREETS - BILL 090008, etc.1 (No response.)2 COUNCILMAN DiCICCO: Seeing3 none, this concludes the public hearing4 on the Committee of Streets and Services.5 We will now go into the public meeting.6 The Chair recognizes7 Councilwoman Sanchez.8

Councilwoman Sanchez

Thank9 you. I move that Bill 090008 be moved10 out of Committee with a favorable11 recommendation and the rules of Council12 be suspended to allow first reading at13 our next public session.14 (Duly seconded.)15 COUNCILMAN DiCICCO: It's been16 properly moved and seconded that Bill No.17 090008 be reported out of this Committee18 with a favorable recommendation and that19 the rules of Council be suspended.20 All those in favor signify by21 saying aye.22 (Aye.)23 COUNCILMAN DiCICCO: Those24 opposed?25 9 9/11/09 - STREETS - BILL 090008, etc.1 (No response.)2 COUNCILMAN DiCICCO: The bill3 is approved.4 Councilwoman Sanchez.5

Councilwoman Sanchez

I move6 that Bill 090464 be moved out of7 Committee with a favorable recommendation8 and the rules of Council be suspended to9 allow first reading.10 (Duly seconded.)11 COUNCILMAN DiCICCO: It has12 been properly moved and seconded that13 Bill No. 090464 be reported out of this14 Committee with a favorable recommendation15 and that the rules of Council be16 suspended.17 All those in favor signify by18 saying aye.19 (Aye.)20 COUNCILMAN DiCICCO: Those21 opposed?22 (No response.)23 COUNCILMAN DiCICCO: The bill24 is approved.25 10 9/11/09 - STREETS - BILL 090008, etc.1 Thank you. This concludes the2 public meeting on the Committee of3 Streets and Services.4 (Committee on Streets and5 Services concluded at 9:25 a.m.)6 - - -7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on June 11, 2009, and that7 this is a true and correct transcript of same.8 9 10 11 12 13 ______________________________14 MICHELE L. MURPHY15 RPR-Notary Public16 17 18 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23 24 25