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Minutes

Committee Hearing, May 22, 2001

Philadelphia City Council Committee HearingsMay 22, 2001

People mentioned

Names our system found in this transcript. Automatically extracted, so it can include anyone named in the record, not only officials or parties.

  • Brian O'Neill

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE COUNCIL COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, 5/22/01 10:43 a.m. - - - BILL 000548 - Amending Section 14-312, entitled "Commercial District Rules and Exceptions for all Districts," by excluding area between Dickinson Street, Christopher Columbus Boulevard, Reed Street, and Water Street from provisions requiring a special-use permit for off-site parking. BILL 010069 - Adding to the district to be served by the South Street/Headhouse District of Philadelphia. BILL 010213 - Adding a new Section 14-1622, entitled "North Broad Street Special District Controls," under certain terms and conditions. BILL 010338 - Amending Section 14-508, entitled "G-2" industrial district, by deleting certain uses from the list of uses that are permitted in the "G-2" Industrial District. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, Chair COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DICICCO COUNCILMAN BRIAN J. O'NEILL - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 2 5/22/01 - RULES I N D E X Bill 000548 Richard Lombardo, City Planning. . . . . . . 3 Director of Development, Planning and Zoning Bill 010069 Richard Lombardo, City Planning. . . . . . . 7 Director of Development, Planning and Zoning Dick Ostrander, Executive Director . . . . . 8 South Street Headhouse District Bill 010213 Richard Lombardo, City Planning. . . . . . . 10 of Development, Planning and Zoning Tom Chapman, City Planning . . . . . . . . . 13 Shirley Stevenson, Executive Director. . . . 15 Fern Rock Ogontz Bellfield CDC Phyllis Watts, President . . . . . . . . . . 16 Oak Lane Community Action Association Bill 010338 Richard Lombardo, City Planning. . . . . . . 20 Director of Development, Planning and Zoning 21 Vincent Dougherty, Enterprise Zone Manager 29 22 23 24 3 5/22/01 - RULES - BILL 000548 P R O C E E D I N G S

Council President Verna

Good morning, everyone. This is the public hearing of the Committee on Rules. I would ask Mr. Mezzaroba to please read the title of Bill No. 000548.

Mr. Mezzaroba

Bill No. 000548, an ordinance amending Title of the Philadelphia 9 Code, relating to "zoning and planning," by 10 amending Chapter 14-300, entitled "Commercial 11 Districts," by amending Section 14-312, entitled 12 "Commercial District Rules and Exceptions for all 13 Districts," by excluding the area between 14 Dickinson Street, Christopher Columbus Boulevard, Reed Street, and Water Street from provisions requiring a special-use permit for off-site parking, under certain terms and conditions.

Council President Verna

Good morning. Please identify yourself for the record.

Mr. Lombardo

Good morning, Madam President and members of the Rules Committee. My name is Richard Lombardo. I am Director of Development and Planning and Zoning for the City Planning Commission. I'm here today to testify on 4 5/22/01 - RULES - BILL 000548 Bill 548. Councilmember Frank DiCicco introduced this bill on September 14, 2000 as a bill on behalf of one of his constituents. This bill 6 basically would amend the requirements of the zoning code that deal with off-street parking along the riverfront. If the Council is familiar, the current provisions of the code requires that restaurants and clubs along the riverfront between the naval yard and Rhawn Street, even if they go into existing buildings, are required to have off-street parking either onsite or under their control through a least interest for a period of at least seven years. This bill was put in by Councilman DiCicco and subsequently amended at a hearing to expand the area of coverage a number of years ago to deal with the clubs and restaurants that were going along the riverfront and the parking burden it was placing on the sounding riverfront neighborhoods. This particular bill deals with one area along Christopher Columbus Boulevard, between Christopher Columbus Boulevard and I-95 south of Washington Avenue. The shopping center, I 5 5/22/01 - RULES - BILL 000548 believe, is owned by Bart Blatstein. It has a Staples and a number of other commercial uses. And the problem there is that he has adequate parking, but a lot of his parking is under I-95 and is controlled by the Interstate Land Management Corporation. They will not give a seven-year lease for the use of the parking under I-95. So what it puts him in a situation every time he gets a restaurant or a commercial use or someone comes in interested in leasing a use in his shopping center, he has to tell them they have to get variance because they don't meet the requirements of the seven-year leasehold. And what this bill would do, it would exempt that property, that area of the riverfront, from having to have that -- to meet this requirement of the long-term leasehold arrangement for parking. So that's all it does; it only affects this one area between Dickinson Street Reed Street and Christopher Columbus Boulevard and I-95, one block, one block of the riverfront. And the Commission has not considered this bill; however, we are -- the commission will be considering it this Thursday and the staff is 6 5/22/01 - RULES - BILL 000548 recommending that the Commission support the bill. And we are actually taking as a routine items -- we don't even expect there would be much discussion of it, and we would have -- you know that's basically our testimony on this bill. I am here to answer any questions.

Council President Verna

Thank you. Are there any questions from members of the committee? (No questions.)

Council President Verna

Thank you. Is there anyone else to testify on Bill 14 548? (No response.)

Council President Verna

Seeing none, I would ask that the title of Bill 010069 be read, please.

Mr. Mezzaroba

Bill No. 010069, an ordinance amending an ordinance (Bill No. 494, approved June 2, 1993) adopted pursuant to the provisions of the "Municipalities Authorities Act of 1945," P.L. 382, as amended (The "Act") in order to add to the district to be served by the South Street/Headhouse District of Philadelphia 7 5/22/01 - RULES - BILL 010069 ("The Authority") certain properties ("The Proposed Expansion") in the vicinity but previously excluded from the district to be served by the Authority, and amending an ordinance (Bill 6 No. 970275) approved December 29, 1997, adopted pursuant to the provisions of the Act, in order to substitute and approve a plan and budget for the district that includes both the area previously served by the Authority and the area of the proposed expansion.

Council President Verna

Mr. Lombardo?

Mr. Lombardo

Good morning, Madam President and members of the Rules Council. My name is Richard Lombardo. I am Director of Development, Planning and Zoning for the Philadelphia Planning Commission. I'm here to testify on behalf of Bill No. 010069, which would expand the boundaries of the South Street Headhouse Square District of Philadelphia. The Administration has no opposition to the passage of this bill, and I thank you for the opportunity to be here today and testify on the bill. 8 5/22/01 - RULES - BILL 010069

Council President Verna

Thank you. Are there any questions from members of the committee? The Chair recognizes Councilman DiCicco.

Councilman Dicicco

Thank you, Madam Chair. Any members of the South Street Headhouse wish to make a statement at this time? Mr. Ostrander, I think what you might want to do is just give a one-minute, two-minute synopsis of what took place if there's any issue that we need to --

Mr. Ostrander

Yes. (Witness comes forward.)

Councilman Dicicco

Thank you. Please identify yourself for the record.

Mr. Ostrander

Madam President, thank you. I am Dick Ostrander, the Executive Director of the South Street Headhouse District. Accompanying me are the chairman of the board and a couple of our other officers. We are very pleased to be here today and this is hopefully the culmination of a two-year process in which we have 9 5/22/01 - RULES - BILL 010069 explored, done all of the necessary steps we believe under the Municipal Authorities Act to achieve a requested expansion of the district. We look forward to implementing that following Council action. And if there are any questions for us, we would be more than glad to respond to them. I just am here to say thank you and we've been looking forward to this day.

Council President Verna

You're welcome, and we certainly appreciate your presence this morning. Are there any questions of this witness? (No questions.)

Council President Verna

Again, thank you very much.

Mr. Ostrander

Thank you.

President Verna

Do we have anyone else to testify on this bill? (No response.)

Council President Verna

Seeing none, I would ask Mr. Mezzaroba to please read the title of Bill No. 010213. 10 5/22/01 - RULES - BILL 010213

Mr. Mezzaroba

Bill No. 010213, an ordinance amending Title of the Philadelphia 4 Code, relating to "zoning and planning," by 5 amending Chapter 14-1600, entitled 6 "Miscellaneous," by adding a new Section 14-1622, 7 entitled "North Broad Street Special District 8 Controls," under certain terms and conditions. 9

Mr. Lombardo

Good morning, Madam 10 Chairwoman and members of the Rules Committee. My 11 name is Richard Lombardo and I'm Director of 12 Development and Planning and Zoning for the 13 Philadelphia City Planning Commission. I am here 14 today to testify in support of Bill 010213. This bill was introduced by Councilmember Tasco on April 5, 2001. This bill 17 amends Title -- Chapter 14-1600 of the Philadelphia Code by adding a new Section 14-1622, entitled "North Broad Street Special District Controls." This new section of the zoning code would establish certain use and zoning control for commercially zoned properties fronting on Broad Street on both the east and west sides of Broad Street, between Cambria Street and Cheltenham Avenue. 11 5/22/01 - RULES - BILL 010213 And what this bill would do would be prohibit the following uses along the Broad Street corridor: automobile repair shop, service station, installation of automobile parts, and sale of automobile parts, automobile sales lot, drive-through restaurant, beer distributors, and any regulated use. The following zoning controls would also be established for this area of Broad Street. Newly erected buildings would be required to be constructed to the street line of Broad Street. That would be no setback from the Broad Street sidewalk. A newly erected building would be required and constructed to a minimum height of feet. And lastly, parking would not be 17 permitted between the building line and the street 18 line. In other words, again, you would have no 19 parking along the Broad Street sidewalk. As I 20 said -- add parenthetically, this would cover the 21 area between Cambria Street and Cheltenham Avenue. 22 There is another bill that will be 23 following up that Councilman Clarke introduced 24 that would cover the area down to Spring Garden 25 Street with the same self-controls. 12 5/22/01 - RULES - BILL 010213 The purpose of this bill basically is to enable more choices of retail commercial serving the area residents of North Philadelphia to go into Broad Street. What has been happening along this corridor of Broad Street is most of the new uses going in have been auto repair type uses, gas stations, stop-and-go's, quick shopping, drive-in shopping type of places, all automobile-related. They've been losing the buildings. They've been getting just basically an opportunity to upgrade the level of retail that's going along Broad Street between Center City and the county line up at Cheltenham Avenue. For the record, the Planning Commission has not considered this bill. It is scheduled to consider it this Thursday. However, the staff is recommending the approval of this bill and also the approval of Councilman Clarke's bill. I'd be happy, which is -- I'm sorry, that bill number is 10 --I'm sorry, 100717 is the other bill that hasn't had a hearing yet that's Councilman Clarke's bill. I didn't mean to confuse that, but I just wanted to put that on the record since he is 13 5/22/01 - RULES - BILL 010213 here and we are considering -- but we're considering them both as a unit, the Commission is. I'm happy to answer any questions.

Council President Verna

Thank you. Are there any other questions from members of the committee? The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam Chair. Just one request with respects to auto repairs. This needs some clarity. In the event that there's an automobile accessory sales facility such as a -- I don't want to give anybody any free advertisement, but such as a Pep Boys or a --

Mr. Lombardo

Royal Auto, yeah.

Councilman Clarke

Where the primary part of the operation is the sales of accessories and auto parts but in some instances, they have a bay or two we where they actually repair cars. Does that fall under the category of auto repairs?

Mr. Lombardo

Yeah, if they have any 14 5/22/01 - RULES - BILL 010213 onsite auto, it would cover it. But, I mean, the option would be as they go to the board and if that's something the surrounding community wants to support, then they would support it at the Zoning Board.

Councilman Clarke

Okay, all right. Thank you. Thank you, Madam Chair.

Council President Verna

Thank you. Are will there any other questions from members of the committee? Yes?

Mr. Chapman

Good morning, Madam President and members of the Committee. I was just asked by Councilwoman Tasco's office to request a suspension of the rules for this bill.

Council President Verna

Thank you. We will consider that.

Mr. Chapman

Thank you.

Council President Verna

Are there any other questions from members of the committee? (No further questions.)

Council President Verna

Anyone else to testify on this bill? Please approach the witness table. 15 5/22/01 - RULES - BILL 010213 (Witnesses come forward.)

Council President Verna

Good morning.

Ms. Stevenson

Good morning.

Council President Verna

Please identify yourself for the record.

Ms. Stevenson

Good morning President Verna and the Committee on Rules. My name is Shirley Stevenson and I'm Executive Director for the Fern Rock Ogontz Bellfield Community Development Corporation, which is located at 1201 West Olney Avenue. And I'm here this morning in support of Bill 010213, because my organization was founded six years ago to help to stem the deterioration and disinvestment that was beginning in the community. What I have witnessed over the past two years has been a proliferation of used-car dealerships along the Broad Street corridor. We view that area as what we are calling now the "northern gateway" into the City of Philadelphia. And what we're witnessing is that that gateway has become a used-car auto mall on the north sides. 16 5/22/01 - RULES - BILL 010213 Between the 5800 and 6600 blocks of Broad Street, there are eight used-car dealerships. And if you will do the math there, that's only eight blocks. So we're looking at one used-car dealership per block, which is in many ways going to impact the economic development along that corridor, because many of those parcels of land that are lending themselves to used-car dealerships could also be used to bring in more upscale retail. And I'm also a resident of that area. I have lived in that community for over 27 years. So I have seen the changing that has occurred along that corridor. So I truly ask that you would support this bill for us to be able to control what is happening there. Thank you.

Council President Verna

Thank you. Good morning.

Ms. Watts

Good morning, President Verna and the Committee on Rules. My name is Phyllis Watts. I'm the President of the Oak Lane Community Action Association that was founded in 1970. I represent the East Oak Lane community, 17 5/22/01 - RULES - BILL 010213 which we now call ourselves "Old East Oak Lane" because we have areas that are claiming to be us but they're not. I have with me Denise Stones, who is a resident in the 6800 block of Broad Street. She also is a bored member, a recent elected board member to our organization. I'm pleased to be here to testify on behalf of this bill that I think is very important, Bill No. 010213. The East Oak Lane community is constantly fighting problems that we consider to affect the quality of life in East Oak Lane. Years ago as a youngster, it was known that Broad Street was the grand lady of Philadelphia; now it's becoming to look like a bag woman. . And I resent that very much. We have here in the southern part of Broad Street, they're fixing up, cleaning up and it's a beautiful thing that's being done. As you travel going north on Broad Street, that's where the problem starts happening. You can actually see it's a difference. It wasn't like that years ago; I can't understand now why it has become that way. We have a proliferation, as Shirley 18 5/22/01 - RULES - BILL 010213 Stevenson said, of these used-car lots. We just can't take any more. The recent car lot located in the 6600 block of North Broad is close to a residential property. Many times, you know, I have gone there to tell them that their cars are parked on that neighbor's property. And, sure, they'll move it. I can't understand why the neighbor is not asking that themselves; maybe they're intimidated, I don't know. But I will go across the street and tell them that you're encroaching on this particular person's property. So I appreciate the support that you can give us. And I thank you for listening.

Council President Verna

Thank you very much. Denise, were you going to testify also? No?

Ms. Stone

I would say the same thing.

Council President Verna

Fine, thank you. I certainly want to applaud your interest in your community. I think we need more people to do what it is you're doing. 19 5/22/01 - RULES - BILL 010213 Councilman DiCicco?

Councilman Dicicco

Thank you, Madam Chair. And thank you for coming in this morning. And if I can share some of the experiences I've had. I live in South Philadelphia a couple blocks off of Broad Street. The Council President lives directly on Broad Street, South Broad Street. And one of the witnesses testified about the improvements that are going on on South Broad Street. But basically those improvements really ended at Washington Avenue. And what we've done is we created a new community group, another nonprofit that strictly deals with Broad Street south of Washington Avenue, although we don't have the number of problems that you have with used-car dealerships and things like that, but we did see some deterioration, some of the property owners are not maintaining their properties. So we've really taken on a new initiative. We started out as the South Broad Street Beautification Committee and they changed the name of that, but we're addressing some of those same issues. 20 5/22/01 - RULES - BILL 010213 So I would suggest that even though you have different civic associations that are around and near the North Broad Street corridor, you might want to look at establishing one in particular community group or association that would deal specifically with the issues along North Broad Street. I noticed about two weeks ago, I took a ride out into the Bucks County, and I came back into the City via North Broad Street, and I noticed the deterioration and the blight, which was very pathetic, if I can say it that way. It was sad to see what has occurred up there. And as another suggestion, this Council passed an ordinance a couple years ago that it is now a $300 fine for sale of a vehicle on a public highway. The Police Department may not even be aware of that because the ticket books that were written about a year ago did not include that. So you may want to talk to the captain or captains who patrol North Broad Street. It's a significant fine.

Ms. Watts

Excuse me. I also chair the 35th Police District Advisory Council and 21 5/22/01 - RULES - BILL 010213 Shirley is the secretary of the 35th District Advisory Council.

Councilman Dicicco

So you might want to bring it to their attention. It's now a $300 fine and the vehicles are subject to be towed.

Ms. Watts

Did you have a Bill No. on that?

Councilman Dicicco

Not off the top of my head, but you could stop in the Chief Clerk's Office next door and you might want to, again, address that with the Police Department or the departments that handle that. And the other thing I noticed is -- I'm a fanatic about posters; I don't like political posters. You have more political posters on North Broad Street, I think, than the rest of the City cumulatively has. It was a disgrace. So maybe you ought to call some of the candidates -- the winners and losers -- and see what they're going to do for your community.

Ms. Watts

Well, we also attempted -- what, two years ago? -- we had tried to establish a North Broad Street renaissance. We were trying to address the problem from Broad and Cheltenham 22 5/22/01 - RULES - BILL 010213 to -- oh I'm sorry, to Erie, to Broad and Erie. You know, this is something that needs to be done.

Councilman Dicicco

Yeah, and I assume you have on either side of Broad Street established civic associations or community groups. What we did was, we pulled from those groups and just created another entity and we did cleanups. There was a cleanup this Sunday, there was a cleanup last Sunday. And it's starting to generate a lot of interest. And what's happening is people are now moving to Broad Street South and they're paying -- the real estate values are starting to go up and significant improvements have been made as a result of that.

Ms. Stevenson

Some of what we do have in the planning stages -- well, there is an organization called the Broad and Olney Sanitation Steering Committee that has been in place for approximately ten years, and that group is strengthening. Along with that, we are in the process of creating what we're calling the Northern Gateway Business Association that is going to encompass from Olney Avenue up to about Stenton Avenue, bringing in all of those 23 5/22/01 - RULES - BILL 010213 businesses along there. But, yes, I take all of those suggestions. Thank you very, very much.

Councilman Dicicco

Thank you. Thank you for your interest. Thank you, Madam Chair.

Council President Verna

Thank you. Any other questions or comments from members of the committee? (No questions.)

Council President Verna

Thank you for coming in again to testify. Oh, I'm sorry. Councilman Clarke.

Councilman Clarke

Thank you, Madam Chair. I'd also like to thank you very much for coming down, and we are going to connect the dots between the northern end of North Broad Street and the southern end of North Broad Street. So I commend you on your work. And when you're ready to start working on that cleanup on North Broad Street, not only the political posters, but more recently, the trailers of the notifications for these music groups that are coming in are 24 5/22/01 - RULES - BILL 0102338 sometimes pretty ridiculous, particularly in the size. So I'd be willing to work with you on that.

Ms. Stevenson

Thank you.

Ms. Watts

Thank you.

Councilman Clarke

Thanks for coming in.

Councilwoman Verna

Thank you again. Do we have anyone else to testify on this bill? (No response.)

Council President Verna

Seeing none, I would ask Mr. Mezzaroba to please read the title of Bill No. 010338.

Mr. Mezzaroba

Bill No. 010338, an ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Section 14-508, entitled "G-2" industrial district, by deleting certain uses from the list of uses that are permitted in the "G-2" Industrial District, all under certain terms and conditions.

Mr. Lombardo

Good morning, Madam President and members of the Rules Committee. My name is Richard Lombardo. I'm Director of 25 5/22/01 - RULES - BILL 0102338 Development, Planning and Zoning for the Philadelphia City Planning Commission. I'm here today to testify on Bill No. 010338. This bill was introduced by Councilmembers Brian O'Neill and Joan Krajewski on May 10, 2001. The purpose of this bill is to amend the G-2 industrial section of the zoning code by removing certain uses as uses permitted as a matter of right. Those uses are autobody and fender work and painting, automobile service station, automobile repairs, car washing establishments, public or private garage as a main use, public or private parking garage as a main use, automobile sales lot, show room, and car rental. The Planning Commission has not yet considered this bill. It is scheduled to consider it at its meeting of May 24, 2001, which is this coming Thursday. At that time, it is the intention of the staff to recommend support of this bill, but with the caveat that we think we need to go further than this bill. We have been discussing this matter with a number of Councilpeople. And what we're dealing with here 5/22/01 - RULES - BILL 0102338 is, we're dealing with a District G-2 that exists throughout the City. And generally the district is found -- in a lot of instances, it's surrounded by homes. But the district allows a lot of noxious uses and outdoor uses. And what we are suggesting is that going beyond this bill, that we look on putting performance standards on even some of the industrial processes that are permitted in this district. Specifically, this district with a Zoning Board certificate, which is not a variance and not a hardship issue. You can have junk yards, you can have recycling facilities, you can have outdoor processes that include not spray painting cars but spray painting things that are manufactured, spray painting equipment, just various types of noise -- mill work, you know, outdoor -- operating machinery outdoors. So what we plan to do, as part of the work we have been doing with the NTI is looking at the zoning code and its affect upon quality of life in residential neighborhoods. What we are suggesting is that we will be looking over the summer and hopefully coming back in the fall with 27 5/22/01 - RULES - BILL 0102338 a bill that maybe goes a little bit further than this particular bill in controlling these uses in general industrial districts. This particular bill we do support, but most of these uses are not industrial uses, they're commercial uses and probably are inappropriate to be industrial districts. It's funny because you wouldn't allow any of these uses in neighborhood commercial without a -- they're not permitted in neighborhood commercial. So you don't have the situation of an auto body shop being able to go into C-2 or a area shopping center or a neighborhood shopping center, but they can go into G-2 as a matter of right. And in a lot of neighborhoods of the City, there's just as much G-2 industrial as there is shopping center zoning. So this is an attempt by the Councilpeople and it relates to the same kind of problem we have on North Broad Street is we're seeing more and more -- we're not getting the industrial occupants of these properties but we're getting these sort of noxious uses that just go to, you know, the place of least resistance where 28 5/22/01 - RULES - BILL 0102338 they have vacant industrial property that's been on the market and they can go in there as a matter of right. So as I said, we will be recommending the Commission support this bill this coming Thursday, and I'm here to answer any questions.

Council President Verna

Thank you. Are there any questions from members of the committee? The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Mr. Lombardo, I appreciate your testimony and I have an amendment that I have discussed with you that would place autobody into LR, which this would otherwise take out. And you're supportive of that?

Mr. Lombardo

Yeah, absolutely. I'm sorry, I neglected to testify that the one sort of concern we have with this bill is, in the rush to take this out of G-2, we still have to allow these uses someplace as a matter of right. And what we are suggesting and the Councilman is suggesting is that we put that in the least restricted industrial so that there is a place in the code 29 5/22/01 - RULES - BILL 0102338 where a body shop and an auto repair shop can go as a matter of right. And then this summer, we will also be looking at the performance standards for least restricted industrial also, we know there are instances, especially along the waterfront, where least restricted could be less than a hundred feet away from a residential property.

Councilman O'Neill

Thank you.

Council President Verna

Does the stenographer have a copy of the amendment? THE STENOGRAPHER: Yes. Yes.

Council President Verna

Thank you. Is Mr. Vincent Dougherty present? (Witness comes forward.)

Council President Verna

Good morning.

Mr. Dougherty

Good morning, Madam President and members of the Committee on Rules. My name is Richard Dougherty. I am the Enterprise Zone Manager for the Philadelphia Department of Commerce. I'm here today on behalf of the Commerce Department to testify in support of Bill 24 010338. This bill amends the zoning code by 30 5/22/01 - RULES - BILL 0102338 deleting certain uses that are presently permitted in areas zoned G-2. These uses include many that would be considered retail in nature such as auto repair facilities, gas stations, and non-accessory parking lots. Having worked primarily in the industrial areas of the City for the last ten years, I have experienced firsthand the problems created when you mix commercial, industrial, and residential uses in the same area. The problems regarding industrial in particular is especially severe in the older industrial areas, where industrial buildings do not have the luxury of off-street loading, off-street parking, and the streets are often narrow surrounding these companies. The result of the heavy traffic flow created by retail operations often impedes the operation of these industrial uses. It is for these reasons that we feel that the retail uses should be deleted as a permitted use under G-2. This concludes my prepared testimony. Thank you for the opportunity to testify on this bill, and I'd be more than happy to answer any questions you may have. 31 5/22/01 - RULES - BILL 0102338

Council President Verna

Thank you. Are there any questions from members of the committee?

Councilman O'Neill

I'd just like to thank Mr. Dougherty for his initiative. He picked this up on his e-mail and requested to come in and testify. Thank you.

Council President Verna

Wonderful. Thank you. Do we have anyone else to testify on this bill? (No response.)

Council President Verna

Thank you. This will conclude the public hearing of the Rules Committee. - - - 32 5/22/01 - RULES - PUBLIC MEETING

Council President Verna

We will now go into our public meeting, and the Chair recognizes Councilman DiCicco regarding Bill No. 5 000548.

Councilman Dicicco

Thank you, Madam Chair. I move that Bill 000548 be approved and that the rules of Council be suspended so as to permit first reading at our next session of City Council. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that Bill No. 000548 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at our next meeting. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman DiCicco regarding Bill No. 010069.

Councilman Dicicco

Thank you, Madam 33 5/22/01 - RULES - PUBLIC MEETING Chair. I move that Bill No. 010069 be reported out of this committee with a favorable recommendation and that the rules of Council be suspended so as to permit first reading at our next session of City Council. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 010069 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion has been carried. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam Chair. Madam Chair, I move that Bill No. 010213 be reported out with a favorable recommendation and a request for a suspension of the rules so as to allow reading on the next calendar session. 34 5/22/01 - RULES - PUBLIC MEETING (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 010213 be reported out of committee with a favorable recommendation and also a recommendation that the rules of Council of Council be suspended so as to permit first reading at our next Council meeting. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion is adopted. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Madam Chair. I'd like to offer an amendment to Bill No. 18 010338 and read it into the record.

Council President Verna

Please.

Councilman O'Neill

The amendment reads as follows: At the end of the Section 1, add the following to least restricted industrial district. 1. Use regulations. The specific uses permitted in this district shall be the erection, construction, alteration or use buildings and/or 35 5/22/01 - RULES - PUBLIC MEETING land for: a., the uses permitted in G-2 general, industrial districts, with all use qualifications removed except that when any use as herein defined, listed or prohibited, the regulations of this district shall apply. And then the added language is under new subsection a. 1: Auto machine or wagon repair shop, including autobody and fender work and painting. That's the amendment. And I move the adoption. (Duly seconded.)

Council President Verna

It has been moved and seconded that the amendment be adopted. All those in favor will signify by saying aye. Those opposed? The ayes have it and the amendment has been adopted. The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Thank you, Madam Chair. I move that Bill No. 010338 be approved as amended with a suspension of the rules to allow 36 5/22/01 - RULES - PUBLIC MEETING for first reading at our next session. (Duly seconded.)

Council President Verna

It has been moved and seconded that Bill No. 010338 be reported out of committee with a favorable recommendation as amended and further that the rules of Council be suspended so as to permit first reading at our next Council session. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion has been adopted. This concludes our public meeting and our public hearing. Thank you. (Adjourned 11:08 a.m.) 37 C E R T I F I C A T E I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Tuesday, May 22, 2001, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON RULES BILL NO.'S 000548, 010069, 010213, 010338 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter