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Minutes

Committee Hearing, December 9, 1999

Philadelphia City Council Committee HearingsDec 9, 1999

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING AND PUBLIC MEETING BEFORE COUNCIL COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, December 9, 1999 9:30 a.m. - - - BILL 990496 - Amending Title of Philadelphia 8 Code relating to zoning and planning by amending chapter entitled "Miscellaneous," by adding a new 9 section, entitled "Special Height Controls for Arch Street." 10 BILL 990762 - Amending Philadelphia Zoning Maps by 11 changing zoning designations of certain areas of land located within area bounded by the Manayunk 12 Canal, the Schuylkill River, and Fountain Street. 13 BILL 990867 - Authorizing the Water Commissioner and the Revenue Commissioner to execute an 14 amendment to the Service Agreement between the City and the Philadelphia Municipal Authority to provide automatic meter reading services to large commercial and industrial accounts in addition to the residential and smaller commercial accounts served by the Authority. PRESENT: COUNCILWOMAN ANNA C. VERNA, Chair COUNCILMAN DAVID COHEN COUNCILMAN JAMES F. KENNEY COUNCILMAN MICHAEL A. NUTTER COUNCILMAN DARRYL L. CLARKE COUNCILMAN FRANK DICICCO COUNCILMAN W. THACHER LONGSTRETH - - - VINCENT VARALLO ASSOCIATES, INC. Registered Professional Reporters Eleven Penn Center, Suite 600 Philadelphia, PA 19103 (215) 561-2220 12/9/99 RULES COMMITTEE I N D E X Bill 990496 Richard Lombardo, Planning Commission . . . . Michael Volpe, President. . . . . . . . . . . Logan Square Neighborhood Association 7 John Mitkus, Managing Director. . . . . . . . 13 Insignia/ESG Jackson-Cross Real Estate Bill 990867 Kumar Kishinchand, Water Commissioner . . . . 11 BILL 990762 12 Richard Lombardo, Planning Commission . . . . 30 13 14 15 16 17 18 19 20 21 22 23 24 3 12/9/99 RULES - BILL 990496 P R O C E E D I N G S

Council President Verna

Will members of the rules of Council please report to the chamber. Thank you. - - -

Council President Verna

Good morning, everyone. This is the public hearing of the Rules Committee. I would ask the clerk to please read Bill No. 990496.

The Clerk

An ordinance amending Title of the Philadelphia Code relating to zoning and 13 planning by amending Chapter 14-1600, entitled 14 "Miscellaneous," by adding a new Section 14-1616, entitled "Special Height Controls for Arch Street," under certain terms and conditions.

Council President Verna

Good morning, gentlemen please identify yourselves for the record and proceed with your testimony.

Mr. Lombardo

Good morning, Madam Chair and members of the committee. It seems like we just did this recently.

Councilman Nutter

Welcome back.

Mr. Lombardo

Bill 990496, as the clerk read, does -- amends the Special Controls 4 12/9/99 RULES - BILL 990496 section of the zoning code by establishing height controls for one block in the Logan Square neighborhood, that block being the block bounded by Arch Street -- three blocks, I'm sorry, I'm sorry. Let me start over again. It rezones three blocks in the Logan Square neighborhood, the area bounded by Arch Street, 23rd Street, Cuthbert Street, and 19th Street and Walden Street. What the bill does -- the area (unintelligible) three zoning classifications -- R10-B residential, C4 commercial, and C5 commercial. The area is a mixed development of various size and scale buildings. What the purpose of this bill is, is to establish a height control on the south side of the block -- these are all on the south side of Arch Street. This is not an unprecedented idea. We have a number of places in Center City where, the Special Controls section of the code, we establish height limits for four blocks. Generally, it's to maintain the scale of buildings to be in character with the scale of the surrounding neighborhood. 5 12/9/99 RULES - BILL 990496 The issue here is that as you go north of Arch Street, you go into lower-scale, residential development. The higher-density business core really ends at John F. Kennedy Boulevard but, in fact, in many cases, the zoning pattern extends up to Arch Street. The areas where we've done this in Center City is, we've done it in Chinatown, throughout Chinatown; despite the underlying zoning, there's a height limit on all the buildings in Chinatown, again, to keep that smaller scale at -- in Chinatown's case, it's about a 60-foot height limit. It's to keep that smaller scale, five- six-story scale for all of Chinatown. On the south side of Chestnut Street, Walnut Street, Spruce Street, and Locust Street, there are height limits -- again, to keep the scale of the three-, four-, five-story storefront properties with either offices or residences above, and discourage the assemblage and demolition of those types of buildings for taller buildings that could be built under the underlying zoning. 6 12/9/99 RULES - BILL 990496 That's the basic purpose of this bill. I find myself -- I said this again yesterday, and once again, we have a bill that, because of the short notice and the large schedule, we did not take this -- the Planning Commission did not take this bill, so I don't have a formal recommendation by the Planning Commission, but I wanted to come over here today and at least explain to you what the purpose of this bill is. We're going to take this bill but we're going to take it at a meeting after the hearing; we're not taking it till our meeting of next week.

Council President Verna

Very well. Did you have any discussions with the community regarding this bill?

Mr. Lombardo

Yes, we did.

Council President Verna

Are they in favor of it.

Mr. Lombardo

The community is here. I think they want to testify.

Council President Verna

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

Council President Verna

Our first 7 12/9/99 RULES - BILL 990496 witness, then, will be Michael Volpe. (Michael Volpe comes forward.)

Mr. Volpe

We're distributing copies of my statement, Madam President. May I take this moment to.

Council President Verna

Mr. Volpe, would you identify yourself for the record and proceed with your testimony.

Mr. Volpe

My name is Michael Volpe, and I'm president of the Logan Square Neighborhood Association.

Council President Verna

Mr. Volpe, I'm sorry. Pull the microphone closer to you so that we can all hear you. That's fine.

Mr. Volpe

Madam Chair and members of the Rules Committee, my name is Michael Volpe, and I'm president of the Logan Square Neighborhood Association. I reside at Rivers Edge Condominiums, on 23rd and Cherry Streets. We thank you for this opportunity to present our association's position regarding Bill No. 990496. This bill applies to the three blocks between Arch Street on the north. If you look at the attachment at the end of the statement, in the 8 12/9/99 RULES - BILL 990496 upper left corner, you'll see a map of the area. It applies to the three blocks between Arch Street on the north Cuthbert and Walden Streets on the south, 20th and 23rd Streets on the east and west. These three blocks are located within the Logan Square neighborhood, an area composed almost entirely of three- and four-story townhouses and low-rise commercial and institutional buildings. Years ago, the Planning Commission and our association developed an overall plan to create an architectural slope for the Logan Square District, which placed the highest commercial office building uses at the southern fringe of the district and gradually lowered the height of the buildings as they approached the low-rise residential commercial and institutional areas that make up the heart of the Logan Square neighborhood. The design for this architectural slope was approved by City Council in the Logan Square comprehensive rezoning bills of 1969 and 1986. The tallest buildings were assigned to Kennedy Boulevard and mid-range buildings to the south side of Arch Street, extending south to Cuthbert 9 12/9/99 RULES - BILL 990496 and Walden Streets, in order to prevent 30- to 60-story buildings from rising on the south side of Arch Street directly across from the three- and four-story townhouses, the one small low-rise apartment building, and the three small low-rise office buildings which exist on the north side of Arch Street. In order to carry out this previously agreed upon plan, Bill No. 990496 proposes to place a maximum height limitation of 185 feet, 6 inches excluding appurtenances to these three blocks. The present Philadelphia zoning code was approved by City Council after 1986, and height restrictions independent of zoning were provided on the southern side of major streets from Spruce Street north to Chestnut Street. This bill 18 extends this policy northward to the area covered by the bill in order to secure the architectural slope. The height limit of 185 feet, 6 inches, excluding appurtenances, takes into account the height of all existing commercial and residential buildings on the three blocks. The Daily News building on the 2200 block of Arch Street is the 10 12/9/99 RULES - BILL 990496 tallest, at 12 stories; the Jewish Federation building on the 2100 block is next, at eight stories; and all the other properties are roughly in the four- to six-story range. It should be noted that the Center City Plan, adopted by the Planning Commission a few years ago, emphasized the need to conserve the resources of the residential communities in Center City and not to impinge on them with future commercial development. The proposed height limitation from 20th to 23rd Street fulfills the purposes of the Center City Plan, as well as the intent of the Comprehensive Rezoning Plans previously approved by the City Council for the Logan Square area. Our association desires only to preserve the architectural slope designed by the City of Philadelphia's Planning Commission and already approved by the City Council to prevent monolithic towers across the street from already-existing low-rise three- and four-story townhouses. We sincerely hope that the good efforts of our association and the resuscitation of the Logan Square area will be recognized and 11 12/9/99 RULES - BILL 990496 protected with the passage of Bill 990496. We have two witnesses to offer brief testimony on the appropriateness of this bill. One is Mr.

Mr. Volpe

Dan Peter Kopple, the well-known architect and city planner who helped plan the present zoning code; the other is John Mitkus, a prior executive director of the City Planning Commission and currently the managing director with Insignia/ESG Jackson-Cross Real Estate. Both are particularly familiar with the three blocks covered by the bill and the surrounding area. Unfortunately, with the change of date for this morning's hearing, Mr. Kopple could not attend and he has given his remarks to Mr. Mitkus to read into the record. I now call on John Mitkus to present the expertise of both Mr. Kopple and himself.

Council President Verna

Thank you, Mr. Volpe. Are there any questions from members of the committee of Mr. Volpe? The Chair recognizes Councilman Cohen.

Councilman Cohen

Just one technical question. 12 12/9/99 RULES - BILL 990496 Mr. Volpe, I'm delighted by a bill 3 limiting heights. Maybe we'll redeem ourselves from having raised the Liberty Place above City Hall, but what is meant by appurtenances?

Mr. Volpe

The current Daily News Building, which is highest building has -- actually, it has a broken down water tower at the top, but since there is a possibility that it may be sold and we assume that architects will have to put in air-conditioning and heating units and various things, rather than try and guess what the appropriate height is with the technology, we assumed that it would be a reasonable height and probably designed by the architect to be relatively invisible, so we just thought the best way to handle it was to exclude appurtenances from the ceiling limit.

Councilman Cohen

Thank you.

Council President Verna

Thank you very much. Are there any other questions of Mr. Volpe? (No further questions.)

Council President Verna

Since 13 12/9/99 RULES - BILL 990496 Mr. Kopple isn't here, I would request that John Mitkus please approach the witness table. (Mr. Mitkus comes forward.)

Council President Verna

Very nice seeing you again. Welcome.

Mr. Mitkus

Thank you, Madam Chairman. I still cherish the resolution that Council gave me when I left the City in 1981.

Council President Verna

When was that John?

Mr. Mitkus

In 1981. It's hard to believe.

Council President Verna

My, time goes by when you're having fun.

Mr. Mitkus

Councilman Cohen was 46 years old then and Councilman Longstreth was only 42. (Laughter.)

Mr. Mitkus

I just have some brief remarks 'cause I know time is of the essence. The statement's from Mr. Kopple. He says, "I am Dan Peter Kopple, a practicing architect in Philadelphia. I have been working in architecture and planning projects 14 12/9/99 RULES - BILL 990496 related to the central business district and (unintelligible) along JFK Boulevard and Market Street, from City Hall to 30th Street Station for more than 34 years. "I led the planning for a document referred to as 'The Plan for Center City West,' significant components of which were incorporated by the City Planning Commission into its Plan for Center City. In addition, I had the pleasure of serving on the Planning Commission's committee for the rewriting of the zoning codes for C4 and C5 in the central business district. "The have served potential developers and owners of properties along Market Street and JFK Boulevard in the areas from 20th Street to the River. In short, I believe I am familiar both with the zoning and the characteristics of the area under consideration in Bill No. 990496 and its amendment. "The overview of the plan for Center City describes the area for Center City among JFK Boulevard and Market Street west of City Hall to 30th Street as a prestigious office corridor. It identifies the Convention Center development and 15 12/9/99 RULES - BILL 990496 the Avenue of the Arts and the riverfront improvement. It points out that in this vision, Philadelphia's neighborhoods remain just as they are -- charming and liveable. If anything, they are cleaner and more convenient. "The body of the plan for Center City details the controls and urban design steps to be taken to protect these residential area. The zoning code was revised to recognize the goals of this plan. "The preface to the Philadelphia Zoning Code notes that a new section was created for the purpose of maintaining and reinforcing the continuity and character of skill of the existing pattern of development of major east-west streets. Low-scale 18th, 19th, and 20th century residential buildings characterize these streets. These buildings are of small scale and widths generally less than 60 feet. "The zoning code provides control on building heights in (unintelligible) Spruce, Locust, Walnut, and Chestnut Streets. For example, future development on the south side of these streets must be set back about 50 feet at 16 12/9/99 RULES - BILL 990496 the house line at a 45-degree angle. That is, the building facade must recede from the street plain one foot horizontally for each foot the wall goes up. " He concludes, "Clearly, the intent of the new zoning code is to protect low-scale residential communities and to control the heights of buildings affecting residential areas. I believe it is completely appropriate that Bill No. 13 990496 be enacted to give (unintelligible) protection to the residential area north of Arch Street, as is given to Spruce, Locust, Walnut, and Chestnut, the light and openness of which is protected by the code, and I encourage you to pass Bill No. " I just a few remarks to the committee. My name is John Mitkus. I served in the City Planning Commission from 1964 through 1981, and as its executive director from 1973 to 1981. I have over 18 years in real-estate experience, mostly with Jackson-Cross Company, which is now Insignia/ 17 12/9/99 RULES - BILL 990496 ESG. Almost 100 percent of the work I do in my employment is in the City of Philadelphia, and 90 percent of that is in downtown Center City. I might say, parenthetically, that I was reared right across the street from what is known as the "brewery town section," the 28th Ward, up in Councilman Clarke's district, at 31st and Girard Avenue. And I went to school in Fairmount, at 24th and Green and Brandywine Streets, St. Francis Xavier School, but then went to Southeast Catholic St. John Neumann High School. So I have a lot of (unintelligible) in this neighborhood. I think this bill is a no-brainer, I really do.

Mr. Mitkus

I've seen a lot of legislation in Council for many, many years. I think the issue is more than the height limit here or the zoning, it's more than the reuse of buildings or lots which may be underutilized or vacant or deteriorated. As many on this Council have said so many times, the issue here is really, I think, City Council assisting this neighborhood to improve the quality of life. The Logan Square neighborhood is an 18 12/9/99 RULES - BILL 990496 area -- I remember in 1969 when Councilman (unintelligible) was the president at that time. I remember -- I'm not sure if your dad was there or not at the time, I think he was. I know he was there in the '60s when I first started.

Councilman Longstreth

I was there.

Mr. Mitkus

But -- and I was going to say, Councilman Longstreth was there. (Laughter.)

Mr. Mitkus

Not in Council, though. Were you there?

Councilman Longstreth

Yes, sir.

Mr. Mitkus

And I remember going out with Edgar Campbell and a number of -- with Mr. Gartona (ph.) and Mr. Moore, who was the Councilman in this district, and I got beat up a lot of times on this cite, this was a tough area. I was only on the Commission 5 years and I was 29 years of age. And Fryhopper's (ph.) was over here, you had a club on the street. I think the first Electric Factory was on Arch Street. You had a number of plumbing supply firms. And the question was, Where do you properly zone the residential and institutional 19 12/9/99 RULES - BILL 990496 from the commercial and industrial? And the area was turning, as most World War II areas have turned, from industrial and commercial to residential. So Council, in its wisdom, came up with a very good plan, which was endorsed by the community in 1969, and that one of the first remapping programs that this Council did. And I must have done about or 30 of 'em myself of 11 almost every neighborhood in the City. And Mr. 12 Lombardo and his staff are continuing to do these 13 efforts. And that's been a great tool for this 14 Council to work with, I think. 15 Council then, in 1986, updated that 16 zoning so, you know, even recognizing over the 17 last 30 years how the area has changed, now you 18 have a nice ongoing community, a good, wholesome 19 community with investment and reinvestment. 20 And I think what the passage of this bill does is, it sends a signal to the residents of that neighborhood that we want to preserve height limits around you, just like we did in Chinatown. And other people who want to come in there can feel confident that they can come in 20 12/9/99 RULES - BILL 990496 knowing not they're going to have something built between 20th and 23rd Street that's going to violate, you know, what I think is decent sunlight, letting in decent sunlight into that area. We need, as Mr. Lombardo said, to be mindful that the CBD is just south of that area -- that's the central business district, and the central business district is to the east as well. To the west is the River and to the north is the Parkway. So those are naturally buffered areas. But to the South you've got CBD, but once you get to the railroad, the commuter railroad line, pretty much the scale drops down precipitously. There are no buildings in this area that I know of over 50 feet except for 2 buildings, and one of them is the old (unintelligible) building, which is now the Federation of Jewish Agencies properties at 21st and Arch, and the other one is the long-deteriorated Daily News building at 22nd and Arch. And this bill before you today respects the height of both of those properties. As was said, the height of the -- I think the tallest 21 12/9/99 RULES - BILL 990496 structure is the old Daily News building, and with appurtenances, it's 185 feet, inches, from what 4 we understand. 5 So I think your reporting this morning 6 this bill from Council's committee, this Bill 7 990496, hopefully with an amendment as introduced by Councilman Clarke, will be another positive signal of Council's leadership in regulating the scale of development in neighborhoods such as Logan Square. This will provide -- in my opinion, will provide the necessary assurances to present and future residents that no building will be permitted to exceed 185 feet, 6 inches. And I respectfully urge the committee to do the right thing and report this bill out, as amended. Thank you very much.

Council President Verna

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

Council President Verna

Again, it was very nice seeing.

Mr. Mitkus

Nice seeing you too and 22 12/9/99 RULES - BILL 990496 may you have a great new term and God bless you.

Council President Verna

Thank you. Is there anyone else to testify on this bill? (No response.)

Council President Verna

Seeing none, I would ask the clerk to please read the title of Bill No. 990867.

The Clerk

An ordinance authorizing the Water Commissioner and the Revenue Commissioner, on behalf of the City of Philadelphia, to execute an amendment to the Service Agreement between the City of Philadelphia Municipal Authority --

Council President Verna

Excuse me. At this point, before you continue reading that, the Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam Chair. Madam Chair, I'd like to offer an amendment to Bill 990496. On Section 2, I want to delete "19th" and put in "20th Street." And in Section 3, delete "170" and replace that with "185 feet, 6 inches." Excluding appurtenances. 23 12/9/99 RULES - BILL 990867

Council President Verna

Okay.

Councilman Clarke

Thank you.

Council President Verna

Again, I will ask the clerk to please read the title of Bill No. 6 990867.

The Clerk

An ordinance authorizing the Water Commissioner and the Revenue Commissioner, on behalf of the City of Philadelphia, to execute an amendment to the Service Agreement between the City and the Philadelphia Municipal Authority, as approved by Bill No. 970351, approved July 1, 1997, to provide automatic meter reading services to large commercial and industrial accounts in addition to the residential and smaller commercial accounts served by the Authority.

Council President Verna

Good morning, Commissioner. COMMISSIONER KISHINCHAND: Good morning, President Verna.

Council President Verna

I'd like to publicly congratulate you. COMMISSIONER KISHINCHAND: Oh, thank you very much. I appreciate it. 24 12/9/99 RULES - BILL 990867

Council President Verna

You do a wonderful job and we're very happy for you. COMMISSIONER KISHINCHAND: Thank you. My name is Kumar Kishinchand. I'm the Water Commissioner for the City of Philadelphia with me. Today is Nancy Kammerdeiner, who's the Revenue Commissioner, on my left; and Denise Garrett, the Water Revenue Bureau Chief; and Michael Hogan, who's the project manager for automatic meter reading program. Thank you for giving us the opportunity to testify on behalf of Bill No. 990867, which would allow us to amend the existing agreement with the Philadelphia Municipal Authority to extend the reading services or data-collection services and maintenances for large meters. I have already submitted the formal testimony to Council. If you prefer, I can summarize.

Council President Verna

Would you, please. COMMISSIONER KISHINCHAND: I will do that.

Council President Verna

Thank you. 25 12/9/99 RULES - BILL 990867 And we'll make certain that the stenographer has a copy and she will attach it to the testimony. COMMISSIONER KISHINCHAND: I do have extra copies in case somebody wants them.

Council President Verna

Thank you, that's great. COMMISSIONER KISHINCHAND: You may recall back in '97, the summer of, '97 Council authorized us to go into an agreement with Philadelphia Municipal Authority to install automatic meter reading devices in residential properties, primarily residential and small commercial properties, and these were about 1-inch meters and smaller. PMA subcontracted that project with Itron, Incorporated, with the provision that they install in excess of 400,000 meters in two years or less. Itron has successfully finished that; in fact, they finished that last summer and did an excellent job of it, and they continue to provide data-collection services in excess of 99 percent. So having had that success, we felt that it would be good to extend that service to the larger meters, the larger meters being 1-1/2 12/9/99 RULES - BILL 990867 inch larger, which serve primarily commercial and industrial customers of ours, and there are about 7,000 of them in this particular case -- only for data collection and maintenance services, not for installation and purchase. The City would purchase the meters through the Procurement Department. These are the AMR devices through the Procurement Department, and in some cases, some meters, we would install them in-house, the Water Department employees would install them. In terms of providing the services, what it would cost is an additional $25,000 a year, which would be added on to about million and a half that we currently pay PMA for payment to Itron. So the financial impact is very small; it's $25,000 added to the $1.5 million. In terms of impact on the employees, there are approximately 13 meter readers who do the reading on large meters. As we draw this program out, there will be some attrition among those, but we downsized that force. We've redeployed them in the Water Department and in the Water Revenue Bureau. We've been very successful -- when we did the small meters, we were very 27 12/9/99 RULES - BILL 990867 successful in transitioning in excess of 60 meter readers in the Water Department and the Water Revenue Bureau into jobs that actually paid higher and provided further opportunities for advancement in their careers. So we believe that it's really a win-win situation for the employees and for the City, as well as for our customers. So I urge you to approve that, and I would also respectfully request that you waive the rules so that this bill can be passed expeditiously. Thank you very much for giving us the opportunity to testify. And if you have any questions, we'd be able to answer them.

Council President Verna

Thank you. Commissioner, are we just about completed with the installation of the automatic meter reading for the residential properties? COMMISSIONER KISHINCHAND: I'm sorry, I didn't get that.

Council President Verna

Are we about completed with the installation of the automatic meter reading in residential properties? COMMISSIONER KISHINCHAND: We've 28 12/9/99 RULES - BILL 990867 completed, as far as the Itron contract is concerned, there are some properties still that are very difficult to get into because we have not been able to, in some instances, contact the homeowners, or have, for some reason or another, not been able to get in there. Those meters -- those AMR devices are going to be installed by the Water Department as we try to get into them. So not all of them are in there; we have approximately 415,000 meters -- AMR devices installed at this point.

Council President Verna

Wonderful. Commissioner, how much savings do you expect to create by adding commercial and industrial customers to your automatic meter reading program? COMMISSIONER KISHINCHAND: How much. . . ?

Council President Verna

How much savings? COMMISSIONER KISHINCHAND: Savings? Over a period of this contract -- the contract is going to be about 18 years, because of the existing service agreement is such that we expect 29 12/9/99 RULES - BILL 990867 to save about $3.5 million over that 18-year period.

Council President Verna

Thank you. And with the implementation of this program, you're saying that none of the employees will be let go; they will simply be put into other positions in the Water Department? COMMISSIONER KISHINCHAND: That's correct. We will redeploy them. And I think our past experience shows that they have actually benefitted from this.

Council President Verna

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

Council President Verna

Thank you very much. COMMISSIONER KISHINCHAND: Thank you very much.

Council President Verna

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

Council President Verna

Seeing none, I would ask the clerk to please read the title of 30 12/9/99 RULES - BILL 990762 Bill No. 990762.

The Clerk

An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by the Manayunk Canal, the Schuylkill River, and Fountain Street.

Council President Verna

This bill 9 already had significant testimony yesterday. They are companion bills to the Venice Island remapping bills, and this is the zoning overlay.

Mr. Lombardo

Right, and most of our testimony can be incorporated from yesterday. I'll be very brief. What this bill does is, it actually rezones -- yesterday, one of your bills created a new zoning classification to be used on the island. This bill actually rezones the island to RC-1 residential, at least a third of the island, the privately-owned portion of the island. This bill is needed basically to remove the underlying industrial zoning from the island and allow for residential reuse. For the record, the Planning Commission's meeting of December 2, 1999 31 12/9/99 RULES - BILL 990762 recommended adoption of this bill.

Council President Verna

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

Council President Verna

I wouldn't think there would be.

Councilman Nutter

Madam Chair, by agreement with my constituents yesterday who testified, they asked, and I would request of the Chair -- they asked that all of the testimony from yesterday's hearings on Bills 990760 and 990761 be incorporated into the notes of testimony for today's hearing, and that will serve as their testimony with regard to this particular bill, 990762.

Council President Verna

Fine.

Councilman Cohen

Just a question, Councilman Nutter. Is that the constituents on both sides, those who testified in favor and those who testified opposed?

Councilman Nutter

Thank you, Councilman. Actually, it was primarily the constituents who were in opposition made this 32 12/9/99 RULES - BILL 990762 request yesterday and we worked this out with them and that I would asked for their testimony to be incorporated into today's hearing.

Councilman Cohen

Very good.

Councilman Nutter

Thank you.

Council President Verna

Are there any questions are comments from the members of the committee? (No questions.)

Council President Verna

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

Council President Verna

Seeing none, this concludes the public hearing of the Rules Committee. - - -

Council President Verna

And we will now go into public meeting. The Chair recognizes Councilman Clarke regarding Bill 990496.

Councilman Clarke

Thank you, Madam Chair. Madam Chair, I'd like to offer an amendment to Bill 990496. On Section 2, I'd like 33 12/9/99 RULES - PUBLIC MEETING to delete "19th" and insert "20th Street" in its place. In section 3, I would like to delete "170" and insert "185 feet, inches, including 5 appurtenances" in its place. 6 I'd like to move for the adoption of this empty amendment. (Duly seconded.)

Council President Verna

It has been moved and seconded that the amendment be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it and the motion is carried. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam Chair. I'd like to move for the reporting out of committee of Bill No. 990496, as amended, with a favorable approval and a suspension of the rules. (Duly seconded.)

Council President Verna

It has been 34 12/9/99 RULES - PUBLIC MEETING moved and seconded that Bill No. 990496 be reported out of committee with a favorable recommendation, as amended, and that the rules of Council be suspended so as to permit first reading at our next meeting. All in favor will signify by saying aye. Those opposed? The ayes have it and the motion is carried. The Chair recognizes Councilman Kenney regarding Bill No. 990867.

Councilman Kenney

Thank you, Madam Chair. I move that Bill No. 990867 be reported out of this committee with a favorable recommendation and a request be made for a rules suspension to allow for first reading at our next session of Council. (Duly seconded.)

Council President Verna

It has been moved properly seconded that Bill No. 990867 be reported out of committee with a favorable recommendation and also a recommendation that the 35 12/9/99 RULES - PUBLIC MEETING 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 is carried. The Chair recognizes Councilman Nutter regarding Bill No. 990762.

Councilman Nutter

Madam Chair, I move that Bill No. 990762 be reported out of this committee with a favorable recommendation and a further recommendation that the rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)

Council President Verna

It has been moved and properly seconded that Bill No. 990762 be reported out of this 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 in favor will signify by saying aye. 36 12/9/99 RULES - PUBLIC MEETING Those opposed? The ayes -- the Chair recognizes Councilman Cohen.

Councilman Cohen

Consistent with my no-vote on the companion bill yesterday, I vote no. 8

Council President Verna

The record will indicate that Councilman Cohen is voting no 10 on Bill No. 990762.

Council President Verna

Again, I thank you all very much. This concludes the public meeting. (Adjourned at 10:17 p.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 Thursday, December 9, 1999, were reported fully and accurately by me, and that this is a correct transcript of same. RE: COUNCIL COMMITTEE ON RULES BILL NO.'S 990496, 990762, 990867 __________________________________, JOSEPHINE CARDILLO, Registered Professional Reporter