COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON STREETS AND SERVICES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, February 28, 2008, 1:25 p.m. - - - Bill 080019 - Re Oxford Mews residential developmental project. Bill 080081 - Granting permission owner of newsstand at northeast corner of 8th and Market, to construct, use, and maintain conduits for fiber optic facilities. Bill 080086 - Amending Title 9 of Phila. Code by amending section relating to street vendors and section relating to sidewalk sales. Bill 080129 - Held at request of sponsor. Bill 080131 - Authorizing, directing revision of lines and grades on portion of City Plan No.'s 305 and 306 by placing on City Plan Delaware Ave. from Lewis St. to Buckius St. Bill 080031 - Authorizing paving of Cates Way, under certain terms and conditions. (Full text of all bills contained herein.) COUNCILMEMBERS PRESENT: Maria Quinones Sanchez, Vice Chair W. Wilson Goode, Jr. Bill Green William K. Greenlee Curtis Jones, Jr. - - - V A R A L L O Incorporated Litigation Support Specialists 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 2/28/08 STREETS and SERVICES COMMITTEE I N D E X WITNESS (Bill 080131) Frank Morelli, Streets Department....... William Erickson, City Planning......... 5 6 (Bill 080132) Frank Morelli, Streets Department....... William Erickson, City Planning......... 8 9 (Bill 080133) 10 Frank Morelli, Streets Department....... William Erickson, City Planning......... 11 12 (Bill 080030) 13 Frank Morelli, Streets Department....... 14 (Bill 080031) Frank Morelli, Streets Department....... 15 (Bill 080086) Otis Haigler, Jr., L&I.................. 18 (Bill 080019) Shawn McKeown, Streets Department....... 25 (Bill 080081) Shawn McKeown, Streets Department....... 27 * * * 3 2/28/08 STREETS and SERVICES - 080131
Good afternoon. We're getting ready to start with the hearing of the Committee on Streets and Services. The chairman, Councilman DiCicco, is not here. As vice chair, I will be presiding over these hearings this afternoon. We've established a quorum with Councilman Bill Greenlee, Bill 11 Green, and Curtis Jones. So good afternoon. I'd like to recognize the clerk to read the bills, starting with 080129, who has been held by its sponsor. Will the clerk read the proceeding bills.
Bill No. 080131, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No.'s 305 and 306 by placing on the City Plan Delaware Avenue from Lewis Street to Buckius Street, authorizing the opening of said Delaware Avenue from Lewis Street to 4 2/28/08 STREETS and SERVICES - 080131 Buckius Street, the opening of the unopened portions of Delaware Avenue (currently on the City Plan, partially opened) from the northeasterly side of Lewis Street to a point approximately 205 feet southwestwardly therefrom, and the opening of the unopened portions of Buckius Street (currently on the City Plan, partially opened) from Delaware Avenue to Bath Street; and authorizing the acquisition of certain slope easements adjacent to the right-of-way lines of Delaware Avenue as proposed to be placed on the City Plan and opened by authority of this ordinance.
Will the witnesses please identify yourself for the record.
Good afternoon Councilwoman Sanchez and members of the committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the 5 2/28/08 STREETS and SERVICES - 080131 following testimony on Bill No. 080131: This is an administrative ordinance requested by David J. Perri, chief engineer and surveyor of the Department of Streets, 1401 JFK Boulevard, Room 830, Municipal Services Building. The purpose of this ordinance is to place Delaware Avenue from Lewis Street to Buckius on the City plan, to open Delaware Avenue and certain portion of Buckius Street, and to acquire certain slope easements adjacent to the section of Delaware Avenue. The construction of a Delaware Avenue extension will mitigate large truck traffic issues on Richmond Street and open the former Philadelphia Coke site for residential development and will provide a link for the Delaware Trail. This ordinance is supported by the Department of Streets and is being recommended to your committee for 6 2/28/08 STREETS and SERVICES - 080131 favorable action. And it's my understanding that there are amendments to this bill 5 before you.
Yes, there are. Thank you. And I believe as a result of that, the Public Property Commissioner is not testifying on this one. The next witness?
Good afternoon, Madam Chairman and members of the committee. My name is William Erickson. I'm from the Philadelphia City Planning Commission, and I'm here to testify on Bill No. 080131, which was introduced by Councilmember Krajewski on February 7, 2008. This ordinance authorizes the placement of Delaware Avenue from Lewis Street Buckius Street and opening unopened portions of Delaware Avenue and Buckius Street. This ordinance will authorize the 7 2/28/08 STREETS and SERVICES - 080131 acquisition of the bed of the street (indiscernible) adjacent slope easement. The purposes is to allow riverfront action and to reduce traffic congestion. The Philadelphia City Planning Commission has reviewed this Streets action at its meeting on February 19, 2008. This action is consistent with the recommendation in the comprehensive redevelopment plan for the North Delaware Riverfront; therefore, the Planning Commission recommends that Bill No. 080131 be approved. This concludes my testimony.
Thank you. Are there any other folks testifying on behalf of this bill? (No response.)
Okay, 8 2/28/08 STREETS and SERVICES - 080132 seeing none, thank you. Will the --
Bill No. 080132, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No.'s 387 and 402 by striking from the City Plan and vacating the westerly 32 feet side and variable width portion of Island Avenue from a point approximately 901 feet south of Penrose Avenue to a point approximately 102 feet south of Escort Street, and by placing on the City Plan a right-of-way for drainage purposes, water main purposes, gas main purposes, and public utility purposes within the lines of the portion of Island Avenue being stricken from the City Plan by authority of this ordinance.
Good afternoon, Madam Chairman and members of the 9 2/28/08 STREETS and SERVICES - 080132 committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 080132: This is an administrative ordinance requested by Michael J. McCartney, Airport Planning, Environmental Services Manager, Philadelphia International Airport, Terminal 3, Second Floor, Philadelphia, PA, 19153. The purpose of this ordinance 15 is to allow the international airport to take possession of the existing drop-off lane as part of the project to expand parking facilities. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Good afternoon, 10 2/28/08 STREETS and SERVICES - 080132 Madam Chairman. My name is William Erickson. I'm here testifying on behalf of the Philadelphia City Planning Commission. I am here to testify on Bill No. 080132, which was introduced by Council President Verna on February 7, 2008. This ordinance authorizes the striking and vacating of a 32-foot-wide variable width lay-by lane on Island Avenue between Penrose Avenue and Escort Avenue to allow for the expansion of the Philadelphia International Airport parking. This lay-by lane was used for the former overseas terminal and is not currently in use and will be demolished as part of the parking lot expansion. The Philadelphia City Planning Commission has reviewed and approved this Streets action at its meeting on February 19, 2008; therefore, the Planning Commission recommends that Bill No. 080132 be approved. 11 2/28/08 STREETS and SERVICES - 080133 Thank you.
Thank you. Is there anyone else present to testify on Bill No. 080132? (No response.)
Bill No. 080133, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan City No.s 361 and 367 by placing on the City Plan a 15-foot-wide right-of-way for drainage purposes adjacent to the northwesterly side of Bustleton Avenue and extending from Scotchbrook Drive to a point approximately 671 feet northeastwardly therefrom, under certain terms and conditions.
First 12 2/28/08 STREETS and SERVICES - 080133 witness.
Good afternoon, Madam Chairman and members of the committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 080132: This is not administrative ordinance but an ordinance requested by Mr. Jack Bienenfield, of Champion Development Corporation, 828 Red Lion Road, Philadelphia, PA, 19115. The purpose of this ordinance 16 is to place a right-of-way to allow for construction of a sewer serving a proposed development of 22 market-rate twin homes. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Thank you. Next witness. 13 2/28/08 STREETS and SERVICES - 080133
Good morning, Madam Chair. My name is William Erickson, City Planner from the Development Planning Division of the Philadelphia City Planning Commission. I'm here to testify on Bill No. 080133, which was introduced by Councilmember Sanchez on February 7, 2008. This ordinance authorizes the placing on City Plan of a 15-foot-wide right-of-way for drainage purposes adjacent to the northwest side of Bustleton Avenue and extends from Scotchbrook Drive. This action will allow the construction of 17 semi-detached single-family dwellings 18 on Bustleton Avenue. 19 The Philadelphia City Planning 20 Commission approved the preliminary 21 plans for this location, which shows 22 the proposed 15-foot-wide right-of-way along with 22 new semi-detached single-family dwellings at its meeting on November 20, 2007. 14 2/28/08 STREETS and SERVICES - 080030 This concludes my testimony, and I appreciate the opportunity to appear, and if I can answer any questions.
Bill No. 080030, an ordinance authorizing the paving of St. Thomas Drive, under certain terms and conditions.
Good afternoon, Madam Chairman and members of the committee. My name is Frank Morelli, Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 080030: This is not an administrative ordinance but an ordinance requested by Mr. Brett D. Feldman of Klehr, 15 2/28/08 STREETS and SERVICES - 080030 Harrison, Harvey, Branzburg & Ellers, LLP, 260 Broad Street Philadelphia, PA, 19102. The purpose of this ordinance 6 is to pave St. Thomas Drive under certain terms and conditions. This ordinance is supported by the Department of Streets and recommended to your committee for a favorable action.
Thank you. Any questions from the committee? (No questions.) Will the clerk read the next bill.
Bill No. 080031, an ordinance authorizing the paving of Cates Way, under certain terms and conditions.
Good afternoon, Madam Chair and members of the committee. My name is Frank Morelli, 16 2/28/08 STREETS and SERVICES - 080031 Survey Bureau Manager of the Department of Streets, and the Department of Streets would like to offer the following testimony on Bill No. 080031: This not an administrative ordinance but an ordinance requested by Mr. Andrew Kaye, President, Amity Builders, LP, 13451 Damar Drive, Suite 300, Philadelphia, PA, 19116. The purpose of this ordinance is to pave Cates Way, under certain terms and conditions. This ordinance is supported by the Department of Streets and is recommended to your committee for favorable action.
Are there any questions from the committee? The Chair recognizes Councilman Green.
Not really on the substance of this; I was just wondering if someone present could tell me: When we pave streets, who pays for 17 2/28/08 STREETS and SERVICES - 080031 that?
This is a new street being placed, and all of the expense is incurred by the developer. It's a private paving contract put together.
And do we charge for right-of-ways or the use of a right-of-way or the granting of a right-of-way.
No, no. 15 I -- just in general related, you know, to some previous bill. Do we charge for the right-of-way or the granting of a right-of-way or --
Okay. So there's no license fee or a fee with respect to an easement for a right-of-way.?
Bill No. 080086, an ordinance amending Title of the 8 Philadelphia Code by amending Section 9 9-203 relating street vendors and Section 9-205 relating to sidewalk sales by prohibiting street and sidewalk vending on certain portions of 17th Street. (Witness comes forward.)
Thank you. The Chair will recognize the witness. Identify yourself for the record.
Good day, Madam Chair and members of the committee. I am Otis Haigler, Jr., Director of Legislative Affairs for the Department of Licenses and Inspections. Today I'm here to provide testimony on Bill No. 19 2/28/08 STREETS and SERVICES - 080086 080086, which, if enacted, will prohibit sidewalk and street vending on both sides of 17th Street between Spring Garden and Callowhill Streets. With respect to the Department's position on this bill, we offer no objection to this bill's enactment and are prepared to enforce its provisions should it pass in Council and then signed into law by the Mayor. Thank you for the opportunity to provide the Department's testimony on this bill, and I'll be happy to answer any questions.
Thank you, Madam Chair. Just for the record, at the request of the District Councilperson, I'll be offering an amendment at the public meeting on this. It apparently clears up a little language that the 20 2/28/08 STREETS and SERVICES - 080086 Law Department has suggested.
Thank you. That was in my written testimony, but I wasn't sure because I didn't see the Councilperson's staff person here.
Just out of curiosity and for my own education, when it comes to street vending in and around Community College, what is permissible?
What is permissible under Section 9-205 of the Philadelphia Code, it is permitted to vend in just about any location within the City of Philadelphia except where it's specifically prohibited under Section 9-2088(p) of the Philadelphia Code, which gives Council the prerogative from time to time to amend 21 2/28/08 STREETS and SERVICES - 080086 that section to add locations to prohibit vending. We would have to look at that particular section of 9-2058(p) to see whether or not one of the locations that you might have in mind is already prohibited. There are currently 376 locations under that section that's prohibited.
As it relates to the District Councilperson, Councilman Clarke, he has reviewed that and is in favor of this restriction, of course, so it wouldn't be here.
But from time to time, if he were to decide that 17th Street now presents a vending opportunity that he would support, he has the ability to do that as well, correct?
He could amend that provision to permit vending back at that location. 22 2/28/08 STREETS and SERVICES - 080086
And if I may, Madam Chairwoman, working With Community College, did they say why they did not want this particular strip of --
Thank you, Madam Chair. Councilman Jones, from my understanding from Councilman Clarke -- and I'm kind of familiar with this area -- there's some work being done here by Community College, and they thought really mostly for safety reasons, they would prefer not to have vending at this location. As you can see from the description, it's not a really big distance, but at this point, there's some work being done. Again, being familiar with 23 2/28/08 STREETS and SERVICES - 080086 that area, really vending is allowed in most places, as it is around a lot of colleges, but it's just mostly for safety reasons, I believe, right now. That's why we're doing it.
As a caveat, the only other restriction where vending would specifically not be permitted would be in Center City, where there are 300 vending locations that are permitted for vending in Center City under 9-204 of the Philadelphia Code.
I have one more question. Do we know how many folks we're displacing of that? And do we have a replacement for them in and around the immediate area? Do you know, Councilman Greenlee?
Would 24 2/28/08 STREETS and SERVICES - 080086 you know?
I have no idea. That's something that the Councilman would have probably worked out with the people that are already there.
Any other testimony related to 080086? (No response.)
Bill No. 080019, an ordinance amending Bill No. 070263 (approved September 20, 2007), entitled "An ordinance authorizing Northern Star Developments, LLC, Five Eiker Road, Cranberry, NJ, 08512, owner of the property at 1617 North Second Street, Philadelphia, PA, 19122, to construct, own, and maintain multi-level bays and 25 2/28/08 STREETS and SERVICES - 080019 balconies as part of the Oxford Mews residential developmental project, under certain terms and conditions," by providing that the bill shall take effect immediately and by extending the time for compliance with the conditions stated therein. (Witness comes forward.)
Thank you. Can you identify yourself for the record please. MR. McKUEN: Good afternoon Madam Chairwoman and members of the committee my name is Shawn McKeown, a construction engineer for the Streets Department, and I'm here to provide the following testimony for 080019: Bill No. 080019 amends Bill 20 No. 070263, which was previously approved on September 20, 2007, by providing that the bill take effect immediately and by extending the time for compliance with conditions stated therein. 2/28/08 STREETS and SERVICES - 080019 The Streets Department has no 3 objection to the passage of this bill.
Thank you. Any questions from the members of the committee? (No questions.)
Seeing none, thank you very much. The clerk will read the next bill.
Bill No. 080081, an ordinance granting permission to Shailesh Tilvawa, owner and operator of the newsstand located on the northeast corner of Eighth Street and Market Street, to construct, use, and maintain conduits for fiber optic facilities in, under, and across the northeast corner of Eighth Street and Market Street, for the purpose of supplying electrical service and telephone service to said newsstand.
Thank 27 2/25/08 STREETS and SERVICES -080081 you. The witness? MR. McKUEN: Good afternoon, Madam Chair chairman member of the committee my name is Shawn McKeown, a construction engineer for the Streets Department, and I am here to provide the following testimony for Bill No. 10 080081: Bill No. 080081 grants permission to Shailesh Tilvawa, owner of the newsstand at the northeast corner of Eighth Street and Market Street, to construct, use, and maintain an electrical conduit with the electrical service line and telecommunications conduit with a telephone service line in and under the public right-of-ways for the purpose of supplying electrical and telephone service to the newsstand. The Streets Department has reviewed the construction plans for this project and has no objection to 28 2/25/08 STREETS and SERVICES -080081 the passage of the bill.
Thank you. Any questions from the committee? (No questions.)
Hearing none, thank you very much. Any other testimonies on the bills addressed? Hearing none, this concludes the public hearing portion of our hearing. We have to recess for a couple of minutes because we need Councilman Jones in order to reestablish a quorum in the official meeting, so we'll recess momentarily until he comes back. * * * 29 2/25/08 STREETS and SERVICES PUBLIC MEETING
Okay. We're getting ready to start the official meeting of the Streets and Services Committee. Will the clerk read the bills -- Okay. Having a quorum established, we will begin with any amendments to the bills on Bill No. 10 080129.
Oh, I'm sorry. On Bill 080131, are there any amendments to the bill as presented?
Madam Chair, I offer an amendment to 080031, and I move the adoption to that amendment. (Motion seconded.)
Having a motion and a second, all in favor, say aye. (None opposed.
We adopt 30 2/25/08 STREETS and SERVICES PUBLIC MEETING amendment to the Bill 080131.
Madam Chair, I move that Bill No. 080131, as amended, be moved out of this committee with a favorable recommendation, and further, that the rules of Council be suspended to allow for first reading at our next session of Council. (Motion seconded.)
All in favor say aye. Any no votes? (None opposed.)
For Bill 16 080132, are there any amendments to it?
Madam Chair, I move that Bill 080132 be moved out of this committee with a favorable recommendation, and further, that the rules of Council be suspended to allow 31 2/25/08 STREETS and SERVICES PUBLIC MEETING for first reading at our next session of Council. (Motion seconded.)
All in favor say aye. Any nays? Thank you. On Bill No. 080133, can I get a motion?
Madam Chair, I move that Bill No. 080133 be reported out of this committee with a favorable recommendation and move further that the rules of Council be suspended so as to allow for first reading at our next session of Council.
Thank 32 2/25/08 STREETS and SERVICES PUBLIC MEETING you. So we'll move 080133. Can I get a motion on Bill 4 080030?
Thank you, Madam Chair. I move that Bill No. 7 080030 be reported out of this committee with a favorable recommendation and further that the rules of Council be suspended to allow for first reading at our next session of Council. (Motion seconded.)
Having the bill moved and a second, all in favor, say aye. Any abstentions, nays? (None opposed.)
Thank you. The bill will move. Can I get a motion on 31?
Madam Chair, I move that Bill No. 080031 be reported out of this committee with a favorable recommendation and move 33 2/25/08 STREETS and SERVICES PUBLIC MEETING further that the rules of Council be suspended to allow for first reading at our next session of Council. (Motion seconded.)
Madam Chair, first of all, I would offer an amendment to Bill No. 080086 at the request of the sponsor, Councilman Clarke, and I move that amendment. (Motion seconded.)
All in favor of the amendment signify by saying aye. Any opposed? (None opposed.)
So Bill 25 080086 is amended. Can I get a motion 34 2/25/08 STREETS and SERVICES PUBLIC MEETING to move the bill?
Madam Chair, I move that Bill No. 080086, as amended, be reported out of this committee with a favorable recommendation and move further that the rules of Council be suspended to allow for first reading at our next session of Council. (Motion seconded.)
All in favor, say aye. Any oppositions? (None opposed.)
Madam Chair, I move that Bill No. 080019 be reported out of this committee with a favorable recommendation and move further that the rules of Council be suspended to allow for first reading at our next session of Council. 35 2/25/08 STREETS and SERVICES PUBLIC MEETING (Motion seconded.)
All in favor, say aye. All opposed? (None opposed.)
Thank you, Madam Chair. I move that Bill No. 13 080081 be reported out of this committee with a favorable recommendation and that the rules of Council be suspended to allow for first reading at our next session of Council. (Motion seconded.)
All in favor will say aye. All opposed? (None opposed.)
Thank you. The bill has been accepted. Unless there's any further 36 2/25/08 STREETS and SERVICES PUBLIC MEETING business, can I get a motion to adjourn?
Okay, so we're adjourned. Thank you, gentlemen. (Proceedings end at 1:50 p.m.) * * * 37 C E R T I F I C A T E I HEREBY CERTIFY that the proceedings of the City of Philadelphia Council Committee on Streets and Services are contained fully and accurately in the stenographic notes taken by me on Thursday, February 28, 2008, and that this is a true and correct statement of same. __________________________________ JOSEPHINE CARDILLO Registered Professional Reporter (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)