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Minutes

Committee Hearing, February 7, 2007

Philadelphia City Council Committee HearingsFeb 7, 2007

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COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall, Philadelphia, PA Wednesday, February 7, 2007, 10:45 a.m. - - - Bill 060901 - Change zoning designation of areas of land within Brewerytown neighborhood. Bill 060902 - Adding "Industrial Transformation District" to Zoning Code. Bill 060928 - Participation of Hospitals and Higher Education Facilities Authority to participate in certain improvements and expansion projects. Bill 060962 - Amend Zoning Maps by changing zoning designation of areas located within area bounded by N. Broad St., Fairmount Ave., N. 13th, Wallace St., Ridge Ave. Bill 060963 - Revise parking regs and increase permitted floor area of lots designated C-4 in area bounded by N. Broad St., Fairmount Ave., N. 13th, Wallace St., Ridge Ave. Bill 060964 - Revision of lines and grades on a portion of City Plan No. 58... Bill 060965 - Amend Institutional Development District Master Plan of Temple University... COUNCILMEMBERS PRESENT: Anna C. Verna, Chair Jack Kelly Jannie Blackwell James F. Kenney Blondell Reynolds-Brown Donna Reed-Miller Darrell L. Clarke Brian J. O'Neill William K. Greenlee Daniel J. Savage - - - 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 2/7/07 - RULES COMMITTEE MEETING WITNESS Bill No. 060928 Thomas A. Kline, Interim President........ Hospitals and Higher Ed. Facilities Authority 5 Vince Jannetti, Acting Director of Finance 6 7 Bill No.s 060962, 63, 64 8 William Kramer, Senior Zoning Planner..... 13 Philadelphia City Planning Commission Frank Morelli, Survey Bureau Manager...... 17 Streets Department Darwin Beauvais, Esquire ................. 21 Klehr Harrison et al. Carl Primavera, Esquire................... 21 Carl Poplar, Architect, DPK&A............. 23 Ian Cope, Cope Linder, Architect.......... 25 John Gallery, Preservation Alliance....... 44 Margie Pierson, Executive Director........ 48 West Poplar Neighborhood Advisory Committee Norman Green, Chairman.................... 49 West Popular Neighborhood Advisory Committee Saleem Ali, Poplar CDC.................... 51 Bill No. 060965 William Kramer, Senior Zoning Planner..... 61 Philadelphia City Planning Commission 3 2/7/07 - RULES COMMITTEE MEETING WITNESS Bill No.s 060902, 903 J. Woodcock, Exec. Dir., Planning Comm. 65 Kevin Hanna, Secretary of Housing......... 76 Paul Lonie, Projects Director, Westrum.... 86 Azim Muhammad, Brewerytown CDC............ 96 Marc Brookman, Smart Growth Alliance...... 98 B. Reddish, Phila. Bldg. Industry Assoc. 103 Joe Green, Aisha Murphy, Business Owners 113 Juanita Haddad, Girard Coalition......... 115 Anthony Patterson, TelConnect Systems.... 117 Al Austin, AABRA......................... 118 Al Byrne Brown, Business Owner........... 153 Brewerytown Residents Walter Mehl.............................. 164 Mike Liggera............................. 170 Tracy Gordon, Concerned Citizens for the Preservation of Southwest Philadelphia... 171 Martez Cooper, Brewerytown CDC........... 181 Marina Brown............................. 186 Lynn Kujath.............................. 202 David Estes.............................. 214 Teruko Tomaki............................ 216 Linda Bracy.............................. 228 John Westrum, CEO, Westrum Development... 218 * * * 4 2/7/07 - RULES - 060928

Council President Verna

Good morning, everyone. I apologize for the delay. This is a public hearing of the Committee on Rules. I would ask Mr. McPherson to please read the title of Bill No. 8 060928. MR. McPHERSON: An ordinance 10 declaring that it is desirable for the health, safety, and welfare of the people in the area served by The Children's Hospital of Philadelphia, The Children's Hospital of Philadelphia Foundation, and The Children's Seashore House of The Children's Hospital of Philadelphia, Inc. for the Hospitals and Higher Education Facilities Authority of Philadelphia to participate with such institutions in certain improvement and expansion projects to such institutions' facilities, primarily their campus located at 34th Street and Civic Center Boulevard, Philadelphia, Pennsylvania.

Council President Verna

To 5 2/7/07 - RULES - 060928 testify on this bill, please approach the witness table. (Witness comes forward.)

Council President Verna

Good morning. Please identify yourself for the record and proceed with your testimony.

Mr. Kline

Madam Chairwoman and committee members, my name is Thomas A. Kline. I serve as Interim President of the Hospitals and Higher Education Facilities Authority of Philadelphia. I wish to make a brief introductory statement in support of the proposed bill before you today for the Children's Hospital of Philadelphia. The Children's Hospital of Philadelphia submitted an application to the Hospitals and Higher Education Facilities Authority of Philadelphia seeking the Authority's assistance in the financing. The application was accepted for consideration by the Authority. A 6 2/7/07 - RULES - 060928 public Tax Equity and Fiscal Responsibility Act (TEFRA) hearing on behalf of Children's Hospital of Philadelphia was held on January 31, 2007 in the authority boardroom with the Authority and the Children's Hospital of Philadelphia represented at the hearing. Today we have the privilege together of assisting the Children's Hospital of Philadelphia and the many people associated with this remarkable organization. I would like to express appreciation to each member of the committee and council on behalf of the board of the Authority for the scheduling of this hearing. May we respectfully request a suspension of the rules. Thank you, Madam Chair.

Council President Verna

Thank you, Mr. Kline. Mr. Kline, what does this transaction do, and why is it needed? 7 2/7/07 - RULES - 060928

Mr. Kline

With me, I have a number of members of the working group that can possibly help with that question. To my immediate right is Austin J. McGreal, Esquire, Authority General Counsel. To my immediate left is Edward Bleacher, Assistant Controller of the Children's Hospital of Philadelphia. And to his left is Kevin B. Scott, Esquire, Fox Rothschild, LLP.

Council President Verna

Thank you.

Mr. Kline

So may I ask Children's Hospital of Philadelphia to --

Council President Verna

Please identify yourself for the record.

Mr. Bleacher

Good morning. I am Ed Bleacher, Assistant Controller of the Children's Hospital of Philadelphia. The action in question today is to issue bonds for the Children's Hospital of Philadelphia. These bonds 8 2/7/07 - RULES - 060928 will be used in support of our construction efforts and the expansion of our services at the Children's Hospital site at 34th and Civic Center Boulevard used for, again, services for the community there and local and regional areas that we support.

Council President Verna

Thank you. Mr. Jannetti.

Mr. Jannetti

Good morning, Council President Verna, members of the Committee on Rules. I'm Vince Jannetti, Acting Director of Finance for the City. I'm here to testify on behalf of Bill 17 No. 060928. The bill authorizes the Hospitals and Higher Education Facilities Authority of Philadelphia, on behalf of Children's Hospital, to issue revenue bonds in an aggregate principal amount not to exceed $225 million. These bonds will provide the hospital with funds for capital 9 2/7/07 - RULES - 060928 improvements that will support the continued the patient care, research, and educational operations of the hospital that benefit the Philadelphia region and the community as a whole. The Administration supports this work and this bill. I'd be happy to answer any questions.

Council President Verna

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

Councilwoman Blackwell

Madam Chair?

Council President Verna

Yes, Councilwoman Blackwell.

Councilwoman Blackwell

Thank you very much. This morning, I came into this ice-cold chamber to -- people act like it's just normal. I feel like -- but I told Aaron Feinstone there's somebody in here who knows it's freezing, and -- 10 2/7/07 - RULES - 060928 But to support this project, obviously, we've met many times, and we all know the wonderful job that CHOP does in this country and beyond. And certainly, we've met with them on this important project, and we wanted to come as Councilperson of the area to give our support.

Council President Verna

Thank you.

Councilwoman Blackwell

Thank you.

Council President Verna

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

Council President Verna

Gentlemen thank you very much. PANEL: Thank you.

Council President Verna

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

Council President Verna

11 2/7/07 - RULES - BILLS 060962, 63, 64 Seeing no one, I would ask Mr. McPherson to please read the title of Bill No. 4 060963. Bill No. 060963, an ordinance 6 amending Chapter 14-1402 of the Philadelphia Code entitled "Parking in Residential Districts," and by amending Chapter 14-305 of the Philadelphia Code, entitled "C-4 Commercial and C-5 Commercial Districts," all to revise parking regulations and to increase the permitted floor area of lots designated C-4 in the area bounded by North Broad Street, Fairmount Avenue, North 13th Street, Wallace Street, and Ridge Avenue. (Witnesses come forward.)

Mr. Beauvais

Madam President.

Council President Verna

Yes, good morning.

Mr. Beauvais

If we can have the other two bills that are related be also read into the record in order to ensure -- because it's all related to 12 2/7/07 - RULES - BILLS 060962, 63, 64 the Divine Lorraine project.

Council President Verna

63, right? Mr. McPherson, would you please read the title of Bill No. 060962. MR. McPHERSON: Bill No. 8 060962, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designation of certain areas of land located within an area bounded by North Broad Street, Fairmount Avenue, North 13th Street, Wallace Street and, Ridge Avenue.

Council President Verna

Thank you. Is there another bill?

Mr. Beauvais

64. MR. McPHERSON: An ordinance 20 authorizing the revision of lines and grades on a portion of City Plan No. 58 by striking from the City Plan and vacating Mellon Street from Ridge Avenue to 13th Street, and by reserving and placing on the City Plan a right-of-way 13 2/7/07 - RULES - BILLS 060962, 63, 64 for drainage and water main purposes by striking from the City Plan and vacating a portion of Park Avenue and abandoning a certain right-of-way for drainage and water main purposes, all under certain terms and conditions.

Council President Verna

Pleas e identify yourself for the record.

Mr. Kramer

Good morning, Madam President and members of the Rules Committee. My name is William Kramer, and I'm the Senior Zoning Planner in the Development Planning Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 17 060962, 060963, and 060964, all of which were introduced into Council by Councilmember Clarke on December 14th of 2006. Bill No. 060962 rezones land bounded by North Broad Street, Fairmount Avenue, North 13th Street, Wallace Street, and Ridge Avenue from partly C-4 commercial, partly C-2 commercial, and 14 2/7/07 - RULES - BILLS 060962, 63, 64 partly R-10 residential to a zoning designation of partly C-4 commercial and partly C-2 commercial. The purpose of the zoning change is to allow of the vacant Divine Lorraine Hotel, an adjacent parcel of land with a mixed -- and an adjacent parcel of land with a mixed-use development. This proposal includes the development of approximately 845 residential units and 780 parking spaces along with several commercial uses occupying the ground floor. The parking for this area will be managed and be available for use by both the residents and commercial tenants. Bill No. 060963 proposes three amendments to two different sections of the Zoning Code, all in an effort to facilitate the development of the vacant Divine Lorraine Hotel site. The first amendment is to 15 2/7/07 - RULES - BILLS 060962, 63, 64 Section 14-14022 of the Code. This section would be amended to include this block in the areas of the City where the parking requirement is seven spaces per ten families. The second section to be amended is 140305, the C-4 and C-5 commercial sections, which would be amended in two ways. First, this block would be added to the areas it would allow for an accessory parking garage as a matter of right, removing the requirement of obtaining a special use permit from the Zoning Board of Adjustment. And, secondly, the block would have the allowable gross floor area raised to allow for a gross floor area of 600 percent of the area of the lot. The last bill, Bill 060964, is an ordinance to revise the lines and grades on a portion of City Plan No. 58 by striking and vacating Mellon Street from Ridge Avenue to 13th Street and by 16 2/7/07 - RULES - BILLS 060962, 63, 64 placing a right-of-way for drainage and water main purposes by striking and vacating a portion of Park Avenue. At the Planning Commission meeting of January 17, 2007, the Commission reviewed Bill 060962 and 060963 and recommended they both approved. The Commission believes these to be an appropriate development for this site and not only recognizes the presence of mass-transit facilities but also respects the existing historically certified Divine Lorraine Hotel. The Commission also requests that the development plans be reviewed, as provided for under existing provisions of the Code at Sections 14-30513(a) and 14-30513(b). The Commission, at the time of its meeting, there were technical amendments required for Bill No. 060964. However, the Planning Commission would recommend approval for that bill as it is consistent with the policies adopted 17 2/7/07 - RULES - BILLS 060962, 63, 64 under the prior two bills. Thank you.

Council President Verna

Thank you. Good morning.

Mr. Morelli

Good morning. Good morning, Madam President 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 14 No. 060964. This is not an administrative ordinance but an ordinance requested by Darwin Beauvais, Esquire, Klehr, Harrison, Harvey, Branzburg & Ellers, LLP, 260 South Broad Street, Philadelphia, PA, 19102. The purpose of this ordinance 22 is to strike and abandon an 18-foot-wide and 19-foot-wide right-of-way for drainage purposes and water main purposes from Broad Street and Ridge 18 2/7/07 - RULES - BILLS 060962, 63, 64 Avenue to 13th Street, strike and vacate Mellon Street from Ridge Avenue to 13th Street, strike and vacate Park Avenue from Wallace to Mellon Street, reserve and place a 30-foot right-of-way for drainage purposes and water main purposes within a portion of former Park Avenue being stricken under the authority of this ordinance, place a certain 30-foot-wide right-of-way for drainage purpose and water main purposes from 13th Street to the head of the right-of-way cited above. These changes are requested to facilitate the development of the Divine Lorraine site. This ordinance, as amended, is supported by the Department of Streets and is recommended to your committee for favorable action.

Council President Verna

Thank you. Mr. Morelli, your testimony is that the Streets Department supports this bill, as amended. What amendments 19 2/7/07 - RULES - BILLS 060962, 63, 64 are you referring to?

Mr. Morelli

The bill, as originally introduced, was to strike a portion of Park Avenue. The bill has now been amended to strike all of Park Avenue. The Streets Department was not in favor of striking a portion of it because it would have created a narrow dead-end street with a narrow turnaround -- with no area for a turnaround, so we propose to strike the whole street.

Council President Verna

You're offering the amendments now?

Council President Verna

All right. Mr. Morelli, you also state that the party and interest must pay for the cost of advertising of the public hearing by the Board of Surveyors for the change authorized by this ordinance. Typically, can you tell us what the cost is? 20 2/7/07 - RULES - BILLS 060962, 63, 64

Mr. Morelli

For a City Plan change, it's required by law that it's placed in three newspapers on two separate occasions prior to the Board of Surveyors' hearing, and now, the advertising fee is approximately $2,000.

Council President Verna

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

Council President Verna

I think Mr. Clarke's light is on. Councilman Clarke, do you want to be recognized?

Councilman Clarke

Madam President, on the amendment, you have some numbers that have been transposed, and we just want to make sure that everybody has the correct number on the amendment. On the amendment I have, it has it as 694, and it should be 964; is that correct? 21 2/7/07 - RULES - BILLS 060962, 63, 64

Mr. Morelli

That is correct.

Councilman Clarke

Okay. Just for the record.

Council President Verna

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

Council President Verna

Do we have anyone else to testify on this bill? (Witnesses come forward.)

Mr. Beauvais

Good morning, Madam President.

Council President Verna

Good morning.

Mr. Beauvais

Darwin Beauvais from Klehr Harrison. Hi. I feel like I'm home.

Council President Verna

Uh-huh.

Mr. Beauvais

I have Carl Primavera. We are both representing the development team for the Divine Lorraine Hotel. 22 2/7/07 - RULES - BILLS 060962, 63, 64 At this time --

Mr. Primavera

Thank you. Good morning. Carl Primavera. What I would like to do, with the committee's permission, is to have Carl Poplar and Ian Cope, who are respectively the preservation consultant and architect, and just briefly go through, using the easels, some of the exhibit boards. We will also pass up to the members of the committee an 8-and-a-half-by-11 brochure so that you will be able to see it at your desks. So with your approval, I would like to do that.

Council President Verna

Thank you.

Mr. Primavera

Thank you. (Messrs. Poplar and Cope come forward.)

Mr. Primavera

Carl Poplar is with DKP Consulting -- DPK, I'm sorry. They're renowned. As a matter of fact, 23 2/7/07 - RULES - BILLS 060962, 63, 64 as Carl will tell you, he was the consultant for the renovation of this beautiful chamber, so he's very familiar with these surroundings. Ian Cope lives in the neighborhood. He's with Cope Linder, and we have what we believe to be the finest design and consulting team, which is only fitting with what is perhaps the jewel of North Broad Street, the Divine Lorraine. We also have John Gallery from the Preservation Alliance, who's been a huge help and influence in the preservation effort, as well as members of the community, all of whom you will hear from briefly. Carl, can you just walk us through the concept of preserving the Divine Lorraine and how we're going to adapt it for reuse on North Broad Street.

Mr. Poplar

Good morning, Madam President. 24 2/7/07 - RULES - BILLS 060962, 63, 64 At the heart of this project is the renovation of the Divine Lorraine Hotel. It's a gem on Broad Street. It serves as a beacon on North Broad Street. It's on the National Register of Historic Places and is City-certified. It has sat vacant for the last ten years. There have been numerous attempts to redevelop it as a sole property, which have been unsuccessful because of the condition of the building and just the economics involved. This project with development to the east allows funds from that project to help this project and makes this project possible. The goal is to convert the Divine Lorraine into 140 approximately condominium units on the upper floors, and the ground story will be redeveloped as a restaurant and lounge, once again bringing life back to Broad Street in this area. 25 2/7/07 - RULES - BILLS 060962, 63, 64 And I'd like to turn it over to Ian Cope.

Mr. Primavera

And the restaurant, as well as some of the other amenities will be open to the public, so it's a great way to not only reactivate it in terms of condominium usage but also for the public, and we think it's going to be a destination place for people who want to have a great dining experience on North Broad Street.

Mr. Cope

Thank you, Madam Chairman and members of the committee. I'd like to briefly step lively and go through the plans. As Carl suggested, this is the Divine Lorraine here along North Broad Street. The area that we're talking about is bounded by Fairmount Avenue, 13th Street here, Wallace Street and, of course, Ridge Avenue here (indicating). The Divine Lorraine sits here (indicating). It is currently a C-4-zoned parcel. 2/7/07 - RULES - BILLS 060962, 63, 64 The rest of these lands here (indicating) are currently vacant lots. They are fenced but vacant lots with no 5 buildings on the them. The proposal is to append a large residential development here with a connection to the Divine Lorraine -- we think a tasteful connection -- with approximately 450 units in addition to the 140 to 150 units that will go in the Divine Lorraine itself. And this area here (indicating), which is in the darker red, which I hope you can see on your booklets, is for the second phase of the development, which will add approximately 250, 256 units and parking for that. This is the street-level plan, and I think it's important to note that all of the area in green and all of the areas in this pink or red color represent retail functions or restaurants, so we're trying to align 27 2/7/07 - RULES - BILLS 060962, 63, 64 the streets, reinvigorate the streets with retail- and pedestrian-oriented and pedestrian-friendly activities. Proposed here on the 13th Street face is a food store, an additional retail along 13th Street as the project develops into the second phase. Very important, along Ridge Avenue here (indicating), we're creating a plaza with a cafe, a restaurant in the ground floor of the Divine Lorraine, which obviously has its frontage on Broad Street, so we're creating a kind of large plaza here. I should have mentioned that the units are divided roughly in half between condominium units and rental units. The whole project is, by definition, reasonably affordable units. There's a separate entrance for the condominium portion and a separate entrance for the retail portion. The whole notion is that all of 28 2/7/07 - RULES - BILLS 060962, 63, 64 this is pretty lively along the street area, the streetscape. We have the loading and central loading dock area here (indicating), along Fairmount Avenue, next to the Salvation Army Center here. This just gives you an idea of the layout of the typical units. We've arrayed the buildings, stepped them up and down, to be as friendly as we can to the streets. We have a large open space or plaza elevated here (indicating) for use of the residents. And you'll notice that we've kept adequate distance or repose from the Divine Lorraine building. This is the jewel and the cornerstone of our project. We want to give it adequate distance. Here, you will see some of the massing of the project. This is the view from Ridge Avenue. You will see the plaza area here, with its retail. There's also a large health club in 29 2/7/07 - RULES - BILLS 060962, 63, 64 there, which is, again, open to the public. It serves as an amenity to both the larger community as well as the Divine Lorraine itself. You can see the massing here (indicating). The height of our proposed building is less than the height of the current Divine Lorraine structure, again, to give it its proper repose. You can see again see the plaza view here (indicating). Again, we're putting a lot of emphasis on the whole streetscape environment, trying to engage the community in the project with uses that they can use, that our residents can use as well. You can see here the Divine Lorraine. This is actually looking sort of up north on Broad Street. You can see the plaza area here (indicating), with a lot of activity and light all around there and a streetscape program to continue around. 30 2/7/07 - RULES - BILLS 060962, 63, 64 Another view of that same plaza here (indicating). And in good weather, that would be a pretty engaging space.

Mr. Cope

The building is decidedly contemporary. It is based on a European model, a residential model, that we think is a very important new product to Philadelphia. You can see this is the view of the food store area. The parking -- I should have said there are three stories of parking in the building below the residential to support both the development and the retail component. We are very excited about this project. I live in the neighborhood. I think it's a tremendous asset. While I don't think we can take credit for the renaissance of Broad Street -- that's already been started and well underway. This is the opportunity -- yes, Councilman (addressing Councilman Clarke). This is 31 2/7/07 - RULES - BILLS 060962, 63, 64 an opportunity to fill in some missing teeth and put polish on a very important building and really engage the whole area. So with that, I'd like to turn it over to Carl.

Mr. Primavera

With regard to some of the technical aspects of the zoning, again, we wanted to have the site zoned one classification, so we took the classification from the Divine Lorraine, and then the technical changes were envisioned to accommodate a few things. One is, we believe, even though North Philadelphia, it's on a transit stop with the Broad Street line and it's within walking distance of Center City, so we felt that the parking ratios should be consistent with Center City. Second of all, we need the garage. And given the retail that we're having and the given the fact that the Divine Lorraine has no parking -- and we 32 2/7/07 - RULES - BILLS 060962, 63, 64 can't obviously alter this historic building, so we need the garage. So the concept was to provide technical amendments for this project so that we would be able to have it developed with all of the support that it needs, which would be the parking support, which would be the ability to have a dense, modern development that would basically fit in with, again, the historically important Divine Lorraine building. And then on the Streets Department aspect, the Streets Department has been working with us because there are some rights-of-ways and paper streets that we need to resolve, and I think, through these latest changes and Mr. Morelli's testimony, we're in good shape there. So that's our presentation on the plan. Again, with the committee's approval, I'd like to have John galley 33 2/7/07 - RULES - BILLS 060962, 63, 64 from the Preservation Alliance, who is here today, to talk very briefly about the preservation aspects of this project.

Council President Verna

Just a moment, please. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Mr. Primavera and, I guess, Ian, before we go to Mr. Gallery's presentation, on the site plan, can you tell me where the supermarket will be located.

Mr. Primavera

Yes. Ian, there's a better, I guess, blowup.

Mr. Cope

(Inaudible, off mic). ... in this area 13th Street here (indicating), which is very wide, and Broad Street. Access to the parking would be from Ridge Avenue to keep a lot of the traffic (inaudible). 34 2/7/07 - RULES - BILLS 060962, 63, 64

Councilman Clarke

So the open space that you show here is actually elevated?

Mr. Cope

That's correct.

Councilman Clarke

It's on top of the --

Mr. Cope

Yes, it's on top of the parking podium.

Councilman Clarke

All right. And the supermarket, because -- and I ask you this because this was a key portion of the original presentation to the community, and I think it's one of the things that kind of got you over the hump in terms of support.

Mr. Primavera

There was very strong support for a supermarket.

Councilman Clarke

All right. And I think I indicated earlier -- and I might as well say it here on the record that if that's not a component, then my level of support will diminish dramatically. That is in the first phase? 35 2/7/07 - RULES - BILLS 060962, 63, 64

Mr. Primavera

Yes. And part of what we're able to do by creating this master plan, in addition to the people currently residing in the area, we're going to be adding more shoppers so that, hopefully, it provides not only onsite shopping support for the people moving into the Divine Lorraine, but also the support to the people who live nearby in the neighborhood who have requested that we have in addition to a grocery store supermarket other retail establishments. But, Ian, let's just go through this again in terms of the phasing. You talked about Phase 1 and Phase 2.

Councilman Clarke

Let me follow up on that question.

Mr. Primavera

Yes.

Councilman Clarke

So I want to be very clear. Assuming that you get approval from this Council and you go to pull building permits, in those building permits, it will have requests for 36 2/7/07 - RULES - BILLS 060962, 63, 64 build-out of this large retail space as a part of the first phase of the construction.

Mr. Primavera

That's correct. And we also have Michael Tracy, who will be here -- he's the owner's representative and also, as you know, a resident in the area -- to confirm that. We're very -- we heard it loud and clear from both your office and the community that it really needs to be mixed use and it needs to offer shopping and other amenities to make it tie into what the community wants to see. And we're happy to do that.

Councilman Clarke

Okay. I just wanted to --

Mr. Primavera

But, Ian, if you could just again go through the phasing.

Mr. Cope

Yeah. Phase is above my hand, or north of this line right here (indicating). Phase 2 is here (indicating). 37 2/7/07 - RULES - BILLS 060962, 63, 64 We've allocated as much space as we can for a retail food tenant, a food store if you will. I mean, we're proposing 56,000 feet; obviously, all of that is subject to the business deal and the lease with the food store. But we have allocated as much as we can of the ground floor and elevated the building to the extent that it will accommodate a food store with extra high spaces and the like. And similarly along here (indicating), so that we've devoted as much space as we possibly can along the street edges for retail tenancy.

Councilman Clarke

Okay.

Mr. Primavera

We think it will be a destination for people in the area to shop and do business and also enjoy the restaurants. So it offers something for both the people who will reside onsite in the new building, in the Divine Lorraine, but also a tremendous amount of support 38 2/7/07 - RULES - BILLS 060962, 63, 64 for people who are living in the community already and would love to be able to shop and eat and just be a part of it.

Councilman Clarke

Okay.

Mr. Primavera

Thank you. John?

Council President Verna

Thank you. The Chair recognizes Councilman Kelly.

Councilman Kelly

Right. Thank you, Madam Chair. Mr. Primavera, how close are you to Temple University?

Mr. Primavera

Uh, I'll just take a guess and say about a mile. Do you think that sounds right, Ian?

Councilman Kelly

Because I know Temple has always been complaining about the shortage of housing for their students and faculty, and I was just 39 2/7/07 - RULES - BILLS 060962, 63, 64 wondering if that would be --

Mr. Primavera

We're very close.

Councilman Kelly

Yeah. That would be an opportunity for them to, you know, take advantage of your building. And I would just like to say at this time that I commend you for restoring that building because it's a beautiful building and it's a historic landmark on Broad Street, and I'm glad to see that that's --

Mr. Primavera

We appreciate that, Councilman Kelly. One of the neat things about this location is that if you look at what's happening with Bart Blattstein's development that Councilman Clarke has been working with up there and then you look, obviously, at Center City, we think this connects the dots. We think that this will make that stretch from Temple to Center City even closer. And we have the transit right 40 2/7/07 - RULES - BILLS 060962, 63, 64 at our doorstep, and we have the bus, we have walkability, bicycles. We're going to have Philly Ride Share. So we think that we're going to compress everything from Temple right into Center City, which is great for everyone. I think it's going to help the whole business corridor on North Broad Street, so we're excited to be a part of that.

Councilman Kelly

All right. Thank you. Thank you, Madam President.

Council President Verna

Thank you. Councilman Clarke?

Councilman Clarke

Thank you. Thank you, Madam Chair. I just wanted to follow up on some of the comments that my colleague Councilman Kelly made. During the discussion in the community meeting, there was some concerns raised by some of the residents 41 2/7/07 - RULES - BILLS 060962, 63, 64 that this would not be essentially a facility for Temple University students.

Mr. Primavera

No, it will not --

Councilman Clarke

And I would like to clarify, that's not your market.

Mr. Primavera

It's not going to be a dormitory. What we envision is this: With both the condo and the rental, we think we'll have graduate students, we think we will have people who are coming out of school who are first-time home buyers. We may have some parents from out of town who want to buy a unit and, you know, have their children occupy it. And then when they're done, they can sell it so that instead of paying rent on campus, you're actually buying a unit. There seems to be a lot of that going around. But it's not meant to be student housing. And quite frankly, because we 42 2/7/07 - RULES - BILLS 060962, 63, 64 are selling condo units, which will be half of the project, we want to make sure that the people who are buying those units and renting feel comfortable that this isn't going to be dominated by younger people. We invite younger people, but it's not a dormitory. Especially graduate students, law students, medical students, dental students, they don't want to live in the dorms, and a lot of them need housing nearby, but also they may still be taking courses but, they're really looking more into Center City because they're working part-time, they're getting ready for their first big job. So this location gives them the ability to have a foot in Temple and a foot in Center City. So it really is neat. It's going to give us a large group of people to hopefully attract. And in this market, where we've seen some of the housing slow down a little bit, we think 43 2/7/07 - RULES - BILLS 060962, 63, 64 that we're going to be able to be very attractive.

Councilman Clarke

Okay. And I don't have anything against young people 'cause I used to be one, but I just want to make sure that your marketing approach is targeting the general population. If Temple faculty/graduate students happen to be interested, then it's available to them.

Mr. Primavera

Right.

Councilman Clarke

But the marketing strategy is a broad marketing strategy.

Mr. Primavera

Exactly.

Councilman Clarke

Okay. Thank you.

Mr. Primavera

Thank you.

Council President Verna

You're welcome. Any other questions members of the committee?

Mr. Primavera

And John?

Council President Verna

Good morning. 44 2/7/07 - RULES - BILLS 060962, 63, 64

Mr. Gallery

Good morning. Thank you, Council President Verna and members of the committee, for allowing me to speak very briefly about this project. I don't think I have to say very much about the importance of the Divine Lorraine as a historical building, and I think those two photographs speak for themselves, some of the great architectural masterpieces of North Philadelphia designed by Willis Hale, who was one of the most inventive architects of the 19th century. One of the things that I think is important about this project is not simply that the exterior is going to be preserved, but that picture you see there of the first-floor lobby will also be preserved also. And preserving the interiors of these great historic buildings of the past is very important. But this is not also -- this is not just an architectural masterpiece, 45 2/7/07 - RULES - BILLS 060962, 63, 64 and I do want to remind you of that. Buildings in Philadelphia are important historically because they connect with our history, not just because of their architecture. The Divine Lorraine was the first racially integrated hotel in this city. It's a very important part of the social history of Philadelphia. I've worked with the two previous owners of this project to try to see the building rehabilitated, and none of them could work out a financially feasible deal. I think the success here is combining the Divine Lorraine with development on these adjacent vacant parcels; that has been the key to making this whole project work. And it's for that reason here that I'm here today to support the zoning changes that are being requested. I think this will be an important contribution, not to just to 46 2/7/07 - RULES - BILLS 060962, 63, 64 historic preservation but to development in North Philadelphia, and I hope you'll support these requests. I did want to make one personal note in relation to the comments that Councilman Clarke was just raising about the market for this project. I have two sons who are about 30 years old; one's a photographer and one's a film maker. They travel a lot. I asked them about this project because the concept of this project is apartments and condo units that are relatively small that you can lock your door and go away. And both of them, they're ready to buy. I think there is a big market out here for professionals who are working in Philadelphia but whose jobs take them to other places for which this will be a great location and a great concept. So I'm very enthusiastic about the whole project, and I'm especially 47 2/7/07 - RULES - BILLS 060962, 63, 64 pleased with the quality of the preservation work that they are proposing for the hotel. Thank you very much.

Council President Verna

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

Council President Verna

Gentlemen, thank you very much.

Mr. Primavera

Thank you. And, again, if there's any questions, we have Michael Tracy here, who's one of the owners. I don't know if Council President Verna would like to hear from him or --

Council President Verna

Only if he has something to add to this.

Mr. Primavera

Only his thanks in advance for consideration by the Rules Committee.

Council President Verna

Thank you. 48 2/7/07 - RULES - BILLS 060962, 63, 64

Mr. Primavera

Thank you.

Council President Verna

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

Council President Verna

Seeing no one else, I would ask Mr. McPherson --

Councilman Clarke

(Inaudible, off mic.)

Council President Verna

Oh, we do? (Witnesses come forward.)

Council President Verna

Good morning. Please identify yourself for the record and proceed with your testimony.

Ms. Pierson

Good morning, Madam President my name is Margie Pierson, and I'm the Executive Director of the West Poplar Neighborhood Advisory Committee, and to my left here is Norman Green, Chairman of the West Popular Neighborhood Advisory Committee. And 49 2/7/07 - RULES - BILLS 060962, 63, 64 further to my left is Saleem Ali, who's a resident of the area. Mr. Green will speak on behalf of the West Poplar Neighborhood Advisory Committee.

Council President Verna

Thank you. Good morning, Mr. Green.

Mr. Green

Good morning. Thank you. West Poplar Neighborhood Advisory Committee, which is a nonprofit organization that represents residents within the West Poplar area, have entered into a preliminary approval of the project known as Divine Lorraine. We are currently negotiating a benefits package, which we will call a contract, with the owner's rep for the purpose of including all of the concerns and comments that the residents have. Since October of 2006, we had a general meeting sponsored by Councilman Clarke. We created a subcommittee, which we asked all residents who were 50 2/7/07 - RULES - BILLS 060962, 63, 64 interested in having input into this project would give us a list of concerns so that we could negotiate final contract negotiations with the owner's rep. We're in the process of doing that. Our preliminary memorandum of understanding we currently have allows us, through the 23rd of February, to enter into a formal contract with Mike Tracy and the owners of Divine Lorraine. And there are a number of items from the standpoint of construction jobs, again, the concerns that Councilman have already raised about parking also, a supermarket, and a number of items. So we are agreeing to support this project in the preliminary process until we reach the final benefits package. Thank you.

Council President Verna

Thank you. Good morning. 51 2/7/07 - RULES - BILLS 060962, 63, 64

Mr. Ali

Good morning. My name is Saleem Ali. I'm from the Poplar Community Development Corporation, a neighbor community group in the area. Our concern at this point is that the units that are being developed at this point are one-bedroom units. We're also concerned about an environmental study on the land in regards to the adjacent land behind the construction; we have some concerns with that. We also are concerned that the position that Father Divine basically stood for in regards to the low-income and those who are displaced in terms of their having opportunities to participate in this project in terms of low-income people, we believe that there may be some concerns with that in the community about the development of these units. This is going to be 865 units that's going to be designed there. We 52 2/7/07 - RULES - BILLS 060962, 63, 64 are concerned about lower-income people in the area. We're also concerned about the homeless people in the area. In particularly across the street from the site itself, there's a shelter there, there's a lot of homeless people there. We understand that possibly they may be displaced as a result of this. So we have concerns that we look at -- we are looking at for all of the residents in the area. So at this point, we still have some concerns and some questions about supporting this project. We would like really to see this particular session for approval on this project be postponed to a total completion with the West Poplar (indiscernible) is completed in terms of their arrangements and any other concerns that the community may have at this time that need to be addressed before this project moves forward. So our position at this time is 53 2/7/07 - RULES - BILLS 060962, 63, 64 that we're not one hundred percent in support of the project until completion has been done in regards to all of the community's concerns.

Council President Verna

Thank you, sir. Are there any questions or comments by members of the committee? The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. I just would like to thank the community residents for being diligent in working on this issue. There are varying concerns, and I think it's important that all of those concerns be put on the table. I am supportive of the process and people being vocal because at the end of the day, it's their community. They've been there throughout their lives, and I think that anything going on in that community should pass muster 54 2/7/07 - RULES - BILLS 060962, 63, 64 by the community. What I've committed to do to the community -- and I'll say it on the record. If we pass this bill out of committee today, the bill will be held on the calendar until the community benefits strategy agreement can be documented, signed, sealed, and delivered. And until that time, I will not be asking for a final vote on this bill. So I just want to thank you all for the work that you've been doing. Thank you.

Mr. Ali

I have one more thing I want to say, Madam President, if I'm allowed.

Council President Verna

Yes, please.

Mr. Ali

My question is: Once this bill is passed, if the community is in agreement with all of the support that they need to make this bill pass, will this bill be going to the zoning 55 2/7/07 - RULES - BILLS 060962, 63, 64 ordinances after that, or will it go straight to L&I for permits to start construction? That's my question.

Councilman Clarke

Let me understand. If the bill passes --

Mr. Ali

If this bill passes, will this bill go to zoning hearings prior to going to L&I for permits to start construction?

Councilman Clarke

All right. This is what I believe the sequence to be. Have the public hearing. The bill will or will not at some point come out of committee. Comes out of committee. There's a first reading on Council and then there's a second reading where the bill will get a full vote. If the bill gets nine votes -- both bills get nine votes, it will go to the Mayor's office for his signature. If the Mayor signs it, the zoning 56 2/7/07 - RULES - BILLS 060962, 63, 64 classification for that parcel will then be in place, and the developer will then be authorized to proceed only upon pulling building permits from the Department of Licenses and Inspections. During the course of that time, as I said earlier, there must be a documented agreement in addition to which, prior to the final vote, there will be a community meeting, which I will be a part of to make sure that all of those issues have been resolved on the community and the developer level. And I must say for the record, there are a couple of issues that I still have some concerns about that I will be mentioning after the community benefits agreements is documented, and I've indicated that to the developer. I thought it was more appropriate for the community to get a consensus first, and then I will be reviewing what's forwarded to us. And there will probably be a couple of 57 2/7/07 - RULES - BILLS 060962, 63, 64 additional things that I will be asking for.

Mr. Ali

So am I to understand that the answer you just gave us is a yes or a no, Councilman?

Councilman Clarke

It was not a yes or no question.

Mr. Ali

No. The yes or no 10 question is: If this ordinance is approved by this body, will this approval take them straight to L&I for permits to start construction, or will it go from this room, body, to zoning hearings?

Councilman Clarke

No. This is the hearing, this is the hearing. There are two ways of getting a parcel rezoned. Either you go to the Zoning Board, where you seek a variance, or you can get zoning changes in City Council. This is the City Council zoning change, so if this bill gets approved, it will not go to the Zoning Board. 58 2/7/07 - RULES - BILLS 060962, 63, 64

Mr. Ali

Okay. That was my question. So in other words, once this body approves that, they can go straight to L&I for permits to start construction.

Councilman Clarke

Yes.

Mr. Ali

Okay. That's what I wanted to know.

Councilman Clarke

Yes.

Council President Verna

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

Council President Verna

Seeing no one, do we have anyone else to testify on this bill? (No response.)

Council President Verna

Thank you all very much. PANEL: Thank you.

Council President Verna

Oh, I'm sorry. Just a moment. Councilwoman Miller?

Councilwoman Miller

Yes. I 59 2/7/07 - RULES - BILLS 060962, 63, 64 just have one quick question. You said the community is concerned about the one-bedroom apartments?

Mr. Ali

Yes. I mean, some people in the community, they have more than -- they have more than a -- they have multiple families.

Councilwoman Miller

So they want family --

Mr. Ali

They may need multiple rooms, they may need more space.

Councilwoman Miller

Okay.

Mr. Ali

These units are designed from a European concept that was marketed throughout the community. And in our particular neighborhood, the urban area, number one, it's not Europe; and number two, we do have multiple people in the family. So families would be looking at units that they could bring their families in as opposed to having one-bedroom units. 60 2/7/07 - RULES - BILLS 060962, 63, 64 One-bedroom units is suggesting some European concept that's really -- some of the people in the community feel as though it doesn't fit into our neighborhood. That's why they were concerned -- some families are discerned with more than one room.

Councilwoman Miller

Okay, all right. Thank you. I just want to do clarify.

Council President Verna

Then I will ask, are there any other questions or comments from members of the committee? (No response.)

Council President Verna

Thank you again. PANEL: Thank you.

Council President Verna

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

Council President Verna

Hearing none, I would ask that 61 2/7/07 - RULES - BILLS 060962, 63, 64 Mr. McPherson please read the title of the next bill. MR. McPHERSON: Bill No. 5 060965, an ordinance to amend the Institutional Development District Master Plan of Temple University by allowing for the construction of a new building on Block B of the Institutional Development District at the northeast corner of 15th and Norris Streets for use as the Edward H. Rosen Center for Jewish Life.

Council President Verna

Good morning again.

Mr. Kramer

Good morning, Madam President and members of the Rules Committee. My name is William Kramer. I am the Senior Zoning Planner in the Development Planning Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 060965, which was introduced by Councilmember Clarke on December 14th of 2006. 62 2/7//07 RULES - BILL 060965 This bill authorizes an amendment to the Institutional Development District Master Plan for Temple University. Pursuant to Section 6 14-1107 of the Philadelphia Code, no 7 proposed change in the plan shall be effective unless approved by Council ordinance. This bill would permit the construction of a new Edward H. Rosen Hillel Center for Jewish Life. The center will be a three-story with approximately 10,425 square feet and will allow for uses such as a cafe, study rooms, administrative offices, kitchen and dining areas, and a multipurpose room that can hold approximately 110 persons. The City Planning Commission at its meeting of September 19, 2006, approved these revisions and recommends that City Council endorse these changes. I would be happy to answer any questions of the committee. 63 2/7//07 RULES - BILL 060965

Council President Verna

Thank you very much. Mr. Kramer, is this site presently occupied.

Mr. Kramer

I believe it has a building that is intended to be demolished and replaced with a new Hillel Center.

Council President Verna

Will anyone have to be relocated?

Mr. Kramer

No, ma'am. It's a current Hillel Center. They're taking it down and rebuilding it.

Council President Verna

Okay. And who is the developer of this project?

Mr. Kramer

I do believe this is being done by Temple University.

Council President Verna

Do you have any idea what the development costs and what the source of funding will be?

Mr. Kramer

They have not given us that information. 64 2/7//07 RULES - BILL 060965

Council President Verna

Thank you. Any questions by 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 no one, I would ask Mr. McPherson to read the title of the next bill. MR. McPHERSON: Bill No. 15 060901, an ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Girard Avenue, Pennsylvania Avenue, 32nd Street, a railroad right-of-way, Oxford Street, and 30th Street. Bill No. 060902, an ordinance 23 amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-200, entitled 65 2/7/07 RULES - BILLS 060902, 903 "Residential Districts," by adopting a new Section 14-217, entitled "Industrial Transformation District," under certain circumstances.

Council President Verna

Mr. Kramer?

Mr. Kramer

Madam Chairperson, I am going to defer to the Executive Director of the Planning Commission.

Council President Verna

Fine. Good morning. Please identify yourself for the record.

Ms. Woodcock

Good morning. My name is Janice Woodcock. I'm the Executive Director of the Planning Commission. Thank you for the opportunity to testify on Bill No. 19 060901 and Bill No. 060902 introduced by Councilmember Clarke on November 30, 2006. First, I will talk about the master plan itself and then the Institutional Transformational District that enables the plan. 66 2/7/07 RULES - BILLS 060902, 903 Bill No. 060901 rezones acres of land located in the area bounded by Girard Avenue, Pennsylvania Avenue, 32nd Street, a railroad right-of-way, Oxford Street, and 30th Street from the zoning designation of G-2, General Industrial, to a zoning designation of ITD, Industrial Transformation District. This bill rezones the parcel of land to allow for the development of 595 residential units, including 302 stacked townhouses, 120 condo units, and 62 residential units, which are to be constructed over retail commercial space. There are a proposed 111 rental units in mid-rise buildings, which will be up to six stories in height. 0. Parking will be provided as an 67 2/7/07 RULES - BILLS 060902, 903 in-house garage for the stacked townhouses or a surface parking lot or underground structured parking for the condo, rental, and commercial units. Under the provision of the Industrial Transformation District zoning classification, a master plan narrative and an illustrative site plan determine the permitted uses on the site. If approved by the Philadelphia Planning Commission and the Philadelphia City Council, these documents together become the blueprint for the development of the property. There was a technical error in the legend of the maps that were attached to this bill, and we have corrected the copies, which I would like to submit as an amendment to Bill No. 21 060901. " Bill No. 25 060092 creates the section of the Zoning 68 2/7/07 RULES - BILLS 060902, 903 Code entitled "ITD," Industrial Transformation District. This new zoning classification would apply to parcels two acres and greater, promoting the revitalization of neighborhoods, of large parcels of land, and underutilized areas of the city. It would permit a mix of housing times and uses in the district in an effort to maximize the preservation and adaptably reuse significant structures in the community. This approach is illustrated by the description I just read to you. This zoning classification would allow for mixed-use development to be approved by the City Council on the basis of a master plan of development. The classification would allow for the greater flexibility and for the design, layout, and density in the development than would be otherwise available in the existing Zoning Code. The Industrial Transformation 69 2/7/07 RULES - BILLS 060902, 903 District classification requires submission of a master plan narrative and an illustrative site plan, which must include the maximum gross floor area, the gross floor area of any proposed commercial or non-residential use, the total of all proposed open space, the total number and location of all parking and loading spaces, a maximum building height, and the maximum size of any proposed signs. As written, the Planning Commission has several concerns. The rezoning to this designation will result, in many cases, in a significant increase in the value of the property. In the case of a change from an Industrial Transformation District from G-2, the value of the property increases by as much as five times. In exchange for granting this increased value, the Planning Commission understands the public benefit should be provided by the developer, and we would 70 2/7/07 RULES - BILLS 060902, 903 like to submit an amendment which would provide for the developer to include the proposed public benefits offered as a part of the master plan and narrative to the City Council.

Ms. Woodcock

The public benefits may include affordable housing, creation of desirable commercial uses, public art, additional open space, a public park or public access to a national resource such as a waterway or a hiking trail. Additionally, the Planning Commission has concern regarding the preservation of industrial land in some parts of city. If approved, this zoning classification may be used throughout the city, and in our efforts to reuse vacant land, we need to reconsider the proper balance between residential uses and our ability to attract future industrial jobs. At present, there's a shortage of vacant, easily developed industrial sites, which are the very sites most 71 2/7/07 RULES - BILLS 060902, 903 attracted to conversion to other uses. This means we could, if we fail to plan properly, limit our ability to attract new companies and provide high-paying jobs for city residents. In an effort to protect viable industrial land for development pressures, we propose to add a provision to the bill that, upon submission of master plan to City Council, the Planning Commission and the Commerce Department report to the Council regarding the viability of the proposed site for future industrial use. Other proposed amendments from the Planning Commission are offered to promote development that will be compatible with the surrounding neighborhoods. These include the following: A height limit of 65 feet with the exclusion or exemption from the height restriction for the reuse of existing structures. 72 2/7/07 RULES - BILLS 060902, 903 Second, a review of the arrangement of open space to ensure the open space placement and access is compatible with the surrounding area. To that end, I submit the above amendment to the bill for your consideration. The Planning Commission, at its meeting of January 17, 2007, considered Bill No. 060901 and Bill No. 060902 and recommended that the bills be tabled in order to allow for further discussion and consideration of the above issues. The provisions included herein address many of the concerns voiced at the Planning Commission. I would be happy to answer any questions of the Council.

Council President Verna

The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you. Thank you, Madam President. Miss Woodcock, just to be clear the concerns that you have raised -- 73 2/7/07 RULES - BILLS 060902, 903 i.e, the Planning Commission's review -- are based primarily on the bill as it relates to a citywide implication, not necessarily this site specific?

Ms. Woodcock

Well, we did consider them separately, and the questions that come up about the particular site helped inform the discussion about the application of this citywide.

Councilman Clarke

Okay. So the amendment --

Ms. Woodcock

So they're related.

Councilman Clarke

Okay. So the amendments that you will be offering, based on the discussion we've had, will address those, although they will not require -- 'cause we had some concerns about having the Planning Commission essentially usurp the power of the City Council of Philadelphia by requiring their approval before we do an 74 2/7/07 RULES - BILLS 060902, 903 ordinance, but --

Ms. Woodcock

Well, the City Charter is very clear about --

Councilman Clarke

I understand, but let me finish the statement, please.

Councilman Clarke

So the recommendations that the Planning Commission would traditionally have in its approval process will be incorporated per the amendment in the City Council ordinance essentially.

Ms. Woodcock

Correct.

Councilman Clarke

For the necessary criteria associated with the creation of this district.

Ms. Woodcock

Correct.

Councilman Clarke

Okay. Okay, I'm done. I'm fine. I just wanted to make sure. Thank you, Madam Chair.

Council President Verna

You're welcome. 75 2/7/07 RULES - BILLS 060902, 903 Are there any other questions from members of the committee? (No further questions.)

Council President Verna

Thank you very much. I would ask Mr. McPherson to please call our first witness. MR. McPHERSON: Kevin Hanna. (Witness comes forward.)

Council President Verna

Good morning, Mr. Hanna. Please identify yourself for the record and proceed with your testimony.

Mr. Hanna

Good morning, Council President and committee members. My name is Kevin Hanna. I serve as Secretary of Housing for the City of Philadelphia. I appreciate this opportunity to testify on Bills 060901 and 060902 on behalf of the Office of Housing and the Administration. The first bill, 060901, deals with application of a new zoning 76 2/7/07 RULES - BILLS 060902, 903 classification, the Industrial Transformation District, to several former industrial properties in the Brewerytown neighborhood. With the assistance of the City through the Neighborhood Transformation Initiative Westrum Development Corporation has begun to develop this property from vacant and underutilized industrial land into a mixed-income, mixed-use development in the Brewerytown neighborhood. Redeveloping this land is a crucial aspect to the revitalization and growth of the Brewerytown neighborhood and North Philadelphia, as these vacant properties have sat vacant for years, blighting the adjacent residential neighborhood and depressing the property values of nearby homes nearby. The area to be included in this zoning classification is more than 16 acres of long-vacant and underutilized industrial space roughly bounded by the 77 2/7/07 RULES - BILLS 060902, 903 existing Brewerytown neighborhood and Fairmount Park. Beginning in 2003, the Westrum Development Corporation began assembling large vacant lots to begin construction of a new master plan development through NTI, the Redevelopment Authority assisted in the assembly of this property with the acquisition of three warehouses along Master Street. The properties were excessively tax-delinquent, cited as dangerous buildings by L&I, and were eventually demolished. They were sold to Westrum at the fair market value for redevelopment purposes. Westrum's first phase of construction, which is nearing completion, consists of 144 market-rate townhomes on the former parking lot of the Acme warehouse. The future phases of development include the proposed construction of 130 new single-family and stacked townhomes, the creation of 78 2/7/07 RULES - BILLS 060902, 903 216 new mid-rise condominium units, the conversion of the former Red Bell Brewery and Pyramid Warehouse into 115 units of housing, and a new 45,000 square-foot supermarket. The Brewerytown community is underserved with appropriate food shopping alternatives, and it has long desired a modern, full-sized supermarket in the area. Westrum has established itself as a good neighborhood to the surrounding community. They have supported the Brewerytown Homeownership Institute, the Brewerytown Community Festival, and the Brewerytown Community Technology Center. Additionally, the development company has committed funds which could serve to support the sale of some of the new units to low- and moderate-income families as well as provide subsidy for the development of the proposed supermarket. Westrum has also been very 79 2/7/07 RULES - BILLS 060902, 903 successful in its efforts to hire minorities in the construction of its Brewerytown development. To date, the company's minority participation on its construction projects has hovered around 50 percent. On the public side, the City has taken several very important steps to help ensure that Brewerytown remains affordable to longtime residents and those of more modest means. For instance, the City supported the low-income housing tax credits, which were used to rehabilitate a portion of the long-vacant Acme warehouse and convert portions of it into 61 affordable luxury loft apartments. Fourteen properties along Westmore and North 28th Streets have been rehabilitated through the City's Home Start Program and remarketed as affordable for-sale units. Another ten are planned or underway under that same 80 2/7/07 RULES - BILLS 060902, 903 program.

Mr. Hanna

The City has invested $250,000 in a targeted basic systems repair program for Brewerytown, a program specifically aimed at preservation the homes of low- to moderate-income families through the provision of grants. The City and Westrum have also committed to finance the construction of new infill for-sale affordable housing throughout Brewerytown. This master plan development has also received the recognition of the Delaware Valley's Smart Growth Alliance for their use of smart growth principles and green technology. The plan mimics existing street grant. Parking is in the rear of houses, not the front, and employs pedestrian and mass transit-friendly designs. The Office of Housing supports redevelopment of and reinvestment in communities for families in all stages of life, for all income categories. In 81 2/7/07 RULES - BILLS 060902, 903 Brewerytown, developers such as Westrum, Penrose, Mellon Green, and Genesis have proposed creating a community of mixed-income housing for new families, empty-nesters, and working people. I have long been in support of this project, and continue my support for them here today. Completing this development and the market-rate affordable housing and commercial spaces proposed in the master plan will remove blight from the neighborhood, create new housing, shopping and work opportunities, and raise values, increasing the wealth of the residents in the surrounding neighborhood. " As you heard from the director 82 2/7/07 RULES - BILLS 060902, 903 of the Philadelphian Planning Commission, it is clear that The city, in order to facilitate large-scale development like the project proposed by Westrum and its partners in Brewerytown, should adopt a zoning classification that appropriately allows for mixed-use, mixed-income development on the appropriate large parcels of land. At the same time, the City cannot allow larger formerly-industrial parcels to be transformed into residential and commercial uses without consideration for the loss of sites for large industrial development and benefits to the surrounding community. The amendments proposed by the Planning Commission would allow for the appropriate reuse of former industrial and vacant land while ensuring that the surrounding communities enjoy the benefit of new development and have a voice on how that development unfolds. NTI was created to enable 83 2/7/07 RULES - BILLS 060902, 903 projects like the one presented in Brewerytown where the vacant land and properties have blighted a community and need to be transformed into something that brings residents to the communities and improves the lives of existing residents. We should have a Zoning Code that allows projects like this to move forward. These provisions should, however, ensure that everyone can fully benefit from this redevelopment. I support Bill No. 060902 with the amendments proposed by the Planning Commission and its adoption on the area proposed in Bill No. 060901. Certainly I will be available for questions at the end of testimonies if any members might have any.

Council President Verna

Thank you. Are there any questions or comments from members of the committee? Thank you very much. 84 2/7/07 RULES - BILLS 060902, 903

Councilman Clarke

Madam President? I have just one quick question.

Council President Verna

I'm sorry, Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Mr. Hanna, good morning.

Mr. Hanna

Good morning.

Councilman Clarke

You indicated that the City has supported a number of Home Start units that have already been renovated?

Councilman Clarke

And it's my understanding that we have acquired an additional -- or are in the process of acquiring an additional between and 20 40 properties? 21

Mr. Hanna

I can't give you 22 the exact number, but that range sounds 23 about right. 24

Councilman Clarke

All right. 25 And those properties will be developed, 85 2/7/07 RULES - BILLS 060902, 903 assuming we acquire all -- they are all vacant structures. Long-term vacant structures will be renovated under -- I guess we no longer have Home Start.

Mr. Hanna

No, we still have Home Start, but they will be renovated either under Home Start or HRP --

Councilman Clarke

HRP?

Mr. Hanna

-- whichever program makes more sense.

Councilman Clarke

As affordable units.

Councilman Clarke

And those are in the existing neighborhood?

Councilman Clarke

Okay. Thank you. I just wanted to clarify.

Council President Verna

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

Council President Verna

Thank 86 2/7/07 RULES - BILLS 060902, 903 you.

Mr. Hanna

Thank you.

Council President Verna

Our next witness? MR. McPHERSON: Paul Lonie. (Witness comes forward.)

Council President Verna

Good morning.

Mr. Lonie

Good morning, Madam President and members of the committee. It's wonderful again, like Darwin said, to be back. It's like old home week.

Council President Verna

Yes. It's good seeing you.

Mr. Lonie

My name is Paul Lonie. I'm the Philadelphia Projects Director for Westrum Development, and my responsibilities with that company and here today are to discuss exactly how we interacted with the community. We started meeting with the community on not a master plan but a different development plan back in July of 2005. And if you look at your 87 2/7/07 RULES - BILLS 060902, 903 package, you will follow along on the timeline. We met with different community groups and we said, Okay, this is what we would like to do. This is our vision of where we're going to go with Brewerytown. And what they said to us at that point was, Okay, that's fine, but you need to negotiate with the immediate community -- that's the Brewerytown CDC. We talked to Councilman Clarke and, he felt that that was also a good group for us, right next to our development, to negotiate with. So we began negotiations of our memorandum of understanding with that community beginning in January, and those discussions progressed all the way through until May. And in May, what happened was, the Commerce Department and the City Councilman came to us said, You know, the community really would like a 88 2/7/07 RULES - BILLS 060902, 903 supermarket up there. You folks have some ground. Is it possible that you could incorporate that? So actually, that's exactly what we did. We incorporated that, and that was the beginning of our master plan because at that point, when you have residential uses, many types of residential units, commercial uses, and the existing structures in the historic buildings, we wanted to make sure that we didn't have to go to Zoning 5 and 10 ane however many times. So we went to the Councilman and said, Would you be interested in putting forth this zoning district so that we could have this master plan community developed, and he said that would be fine as long as you get community support. So it was back to the community for us. We met again, over and over again, with the Brewerytown CDC. Finally, after over the summer -- and I 89 2/7/07 RULES - BILLS 060902, 903 believe it was August 14th -- August 18th, I'm sorry -- we signed an MOU with the Brewerytown CDC. But, again, that was our understanding, and I'll go over that in a moment, but our understanding was that there was other community groups, and we had to take this master plan not just to this one group but to all of the groups in Brewerytown. So we met in the summer with the African-American Business & Residents Association on two separate occasions. We met with the Girard Coalition. We met with the Fairmount CDC and the Fairmount Civic Association. We met with a lot of the different groups. We met with the African-American Chamber of Commerce because we were looking to those folks for help with our minority requirements. And so we felt at the end of the time that we had met with pretty 90 2/7/07 RULES - BILLS 060902, 903 much everyone, well, again, as you heard, there might be some dissension within the area of Brewerytown of what leadership is. So as of last week, what we decided to do so was to go to the block captains and just hand out 50 flyers each, just put 'em in doors all over Brewerytown, saying "come to a meeting," no affiliation, no group, no nothing. Just come and talk, see the plan if you have any things to do. Out of that meeting, we came out with 50 signatures to support this project. So we've made every effort to go through all of the different community groups to talk to all of the folks in the neighborhood to deal with this, and we would like to have some folks come forward and, again, give you their individual testimony, not just what you're hearing from us. The MOU, again, we summarized that in your packet. 91 2/7/07 RULES - BILLS 060902, 903 When I've dealt with these and other communities and Councilman O'Neill's community, they had very different issues than they had in Brewerytown. And the MOUs we signed with that community were very different than this one.

Mr. Lonie

This one is -- Councilman Kelly has been to some of those meetings up there dealing with those issues in that part of the City. What they needed down here was jobs, they were concerned about jobs and minority hiring, and so that was a big part of it. They were considered some economic help with some after-school programs and some computers that they needed for their projects and different things. We were more than glad to do that. At the end of the day, we did sign that Memorandum of Understanding, and we have community support, we 92 2/7/07 RULES - BILLS 060902, 903 believe, from almost everybody in the community. And I think that's all the things I would like to say about our efforts to get to the community. I would be glad to answer any questions if anybody has some, but I'd also like you to listen to the members of the community itself.

Council President Verna

Thank you. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Good morning, Mr. Lonie.

Mr. Lonie

Good morning, Councilman.

Councilman Greenlee

As you know, I live close to this development, just a little bit south, but just -- you had mentioned and Mr. Hanna had mentioned the supermarket. Now, where exactly does that stand now?

Mr. Lonie

If you look at the 93 2/7/07 RULES - BILLS 060902, 903 --

Councilman Greenlee

No, I mean location, but I mean that's in your -- I know the location, I'm sorry.

Mr. Lonie

Yeah, if we do not -- I mean, part of the master planning process is, we have a supermarket in the plan. If we do not put a supermarket there, we have to come back to the Planning Commission and the Council because that's a substantial change, and I don't think you would be very happy with us.

Councilman Greenlee

No. 16

Mr. Lonie

We are working diligently in every way we can to put a supermarket in there, and I'm sure -- especially Councilman Clarke can tell you exactly how difficult it is to entice a supermarket to come to the inner-city, but we're still working very hard in many different areas to do that.

Councilman Greenlee

So your plan is to still put it there, at that 94 2/7/07 RULES - BILLS 060902, 903 location.

Mr. Lonie

Absolutely.

Councilman Greenlee

Okay. All right. Thank you.

Council President Verna

Thank you. Any other comments or questions from members of the committee? The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you. Thank you, Madam President. I'm glad the Councilman brought that up. This leads me to my follow-up question. If, for some reason, the 31st and Girard site does not work for whatever reason, is the commitment still there on Westrum's behalf to support in some way, shape, or form the market at another location in close proximity?

Mr. Lonie

We've made a commitment to a supermarket in Brewerytown. If, for whatever reason, 95 2/7/07 RULES - BILLS 060902, 903 the community decides that it's better served someplace else, we would be glad to economically support that.

Councilman Clarke

At 27th and Girard, as an example?

Councilman Clarke

You would be supportive --

Mr. Lonie

We would be supportive.

Councilman Clarke

-- to providing resources?

Mr. Lonie

That's correct.

Councilman Clarke

Okay. Thank you.

Council President Verna

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

Council President Verna

Thank you very much. Nice seeing you again.

Mr. Lonie

Thank you.

Council President Verna

Our next witness? 96 2/7/07 RULES - BILLS 060902, 903 MR. McPHERSON: A. Azim Muhammad. (Witness comes forward.)

Council President Verna

Good morning, sir. Please identify yourself for the record.

Mr. Muhammad

Yes. Good morning, Madam Chair and members of the Committee on Rules. My name is Azim Muhammad, and I'm the founder of the Brewerytown Development Corporation. I just wanted to elaborate or comment on this particular project. The Westrum Development Corporation met with the Brewerytown Development Corporation and its Community Advisory Committee, which is comprised of block captains and stakeholders in the Brewerytown community. They presented their master plan for development in Brewerytown. The Community Advisory Committee agreed to support the project contingent upon their being real community benefit. 97 2/7/07 RULES - BILLS 060902, 903 After lengthy negotiations with the community, a community benefits agreement was completed and approved by the community with the help of Councilman Clarke and Secretary of Housing Kevin Hanna. The agreement received overwhelming support from the community, and as a result, the Community Advisory Committee offers its support for Westrum's Brewerytown master plan. The new residents are active in neighborhood improvement projects, some have signed on to the formation of a Town Watch, and they provide assistance to the children in our neighborhood computer lab. And lastly, gentrification is not an issue as a result of this development. Additionally, Westrum has supported the Brewerytown Technology Center, our annual festival, as well as the Brewerytown Brew Newsletter, which 98 2/7/07 RULES - BILLS 060902, 903 our community newsletter that goes out on a regular basis. Thank you.

Council President Verna

Thank you very much. Are there any comets or questions of this witness? (No questions.)

Council President Verna

Thank you very much.

Mr. Muhammad

Thank you.

Council President Verna

Our next witness? MR. McPHERSON: We'll start panels. Marc Brookman. Charles Lewis. William Reddish. (Witnesses come forward.)

Council President Verna

Good morning, gentlemen.

Mr. Brookman

Good morning, Madam Chair. My name is Marc Brookman, and I'm here this morning as a 99 2/7/07 RULES - BILLS 060902, 903 representative and president of the Delaware Valley Smart Growth Alliance. The Delaware Valley Smart Growth Alliance is a tristate nonprofit organization with 180 supporters who include government, land policy organizations, environmental groups, economic development organizations, as well as real-estate developers. Over a period of approximately a year, representatives of all of these diverse groups developed what we refer to as "smart growth criteria," and based upon that criteria, this particular plan was reviewed by a group of independent jurors who represent equally all of the groups I just described, including academia, and they recognize this as being a smart growth plan. It represents an effort on the part of the developer to provide for mixed-use development, to take advantage of existing infrastructure, and to take advantage of mass transit, all of which 100 2/7/07 RULES - BILLS 060902, 903 are proximate to the site.

Council President Verna

Are you finished?

Mr. Brookman

Yes, I am.

Council President Verna

Thank you.

Mr. Brookman

You're welcome.

Council President Verna

Please identify yourself for the record.

Mr. Lewis

Good morning. My name is Charles Lewis, and I'm Vice President of Penrose Properties. I'm here to support the Brewerytown Master Plan. Penrose is a real-estate development firm that's been in active in existence for 30 years. We're active in seven states and the District of Columbia. In 2005, we acquired portions of the former Acme warehouse at 31st and Thompson Street. We converted the northern portion of the warehouse into 62 apartments for families. These are 101 2/7/07 RULES - BILLS 060902, 903 affordable units limited to folks whose income is at or below 60 percent of area median income. We converted the southern portion of the building into office space, and we relocated our corporate headquarters plus the corporate headquarters of one of our affiliates into the building. As both a property owner and a business within the Brewerytown neighborhood, we're a stakeholder in the community. There are a number of vacant properties and abandoned buildings in the Brewerytown neighborhood. They're a blighting influence on the community. Not only are they eyesores, but they're health and safety hazards. No one cuts the grass, cleans up the snow, and the vacant buildings are open to all sorts of criminal activity. The properties are all either tax-delinquent or tax-exempt, so they provide no revenue to the City. 102 2/7/07 RULES - BILLS 060902, 903 The proposed plan is a an excellent tool to address these problem properties, and it will enable new homes and new businesses to be constructed on the vacant lots; it will allow for the larger abandoned buildings to be converted into condominiums, again providing home-ownership opportunities. Properties which are now a drain on the City resources, in terms of policing and cleanup and monitoring, will now become a positive influence and will be put back on the tax rolls, producing revenue for the City. I also want to talk about one thing that the proposed plan does not do: It does not propose the acquisition of any occupied residential properties or any existing businesses. It targets only abandoned properties and abandoned buildings. It does not go after occupied units. So I think this is a great opportunity with the Brewerytown Master 103 2/7/07 RULES - BILLS 060902, 903 Plan to take what's really an exciting, vibrant neighborhood and to transform it into something better, so I urge your support. Thank you.

Council President Verna

I'm sorry. Please identify yourself for the record and proceed with your testimony.

Mr. Reddish

Good morning, Madam Chair and distinguished members of this committee. My name is Bill 13 Reddish. I am President of the Building Industry Association of Philadelphia, and I am testifying in support of Bills No. 060901 and 060902. ), a minority-owned group construction company based in Philadelphia. The Brewerytown project encompasses many of the key elements 104 2/7/07 RULES - BILLS 060902, 903 that most of us would want to see in a project. Those elements are a positive economic impact on the surrounding area, a mix of buyers from different ethnic backgrounds and income levels, and supportive community residents who invest their time and money into community-based endeavors such as youth programs, elderly outreach initiatives, and other much needed community endeavors. The Brewerytown project has had a positive effect on existing businesses in the community. ) Hair Salon and East Park Laundry on Oxford Street owned by Miss Aisha Murphy and Ada Allen; and B&G Auto Services on 29th Street owned by Mr. and Mrs. Joseph Green, to name a few. There are many proposed new business ventures on the horizon for Brewerytown as well. Some of the new 105 2/7/07 RULES - BILLS 060902, 903 opportunities that are being discussed are a much-needed supermarket and a Cosi coffee shop on the corner of 31st and (indiscernible) Street. Philadelphia is a city of neighborhoods. " Today, unfortunately, we hear too many stories about violence in Philadelphia's neighborhoods. We hear stories about the lack of positive role models, especially African-American male role models in the communities. Brewerytown has not escaped the violence that is pervasive throughout Philadelphia. From police personnel to community advocates, they all agree that the recipe to help in the violence is education, employment opportunities, and a solid, caring community. I am proud to be a part of the Brewerytown community as are many people in the room today who represent many 106 2/7/07 RULES - BILLS 060902, 903 ethnic backgrounds. We want to be a part of the recipe that provides a positive impact in the Brewerytown community. In addition to having a positive economic and social impact on the community, I am proud to be a part of the infilled scattered-site development phase of this project. The scattered-site units 12 will be affordable for families earning 13 at least $31,000 per year. This income 14 level is obtainable for most City 15 employees such as firemen, policemen, 16 school teachers, librarians, and other 17 related occupations. 18 We have internally financed the 19 infill development phase so that it will 20 require minimal, if any, City subsidy to complete. It is my desire as president of the BIA and Gentis Group Construction to utilize the Brewerytown development project as a test model from which the 107 2/7/07 RULES - BILLS 060902, 903 inclusionary zoning bill can be fashioned. With all of the positive aspects of this project I have just spoken about, there are still areas of genuine concern which we must address in a proactive and not reactive manner. Those concerns are an increase in the cost of living in the Brewerytown community. We all want our homes to appreciate in value, but we don't necessarily want to see an increase in property taxes. The BIA is actively working to help address these concerns, especially as they relate to the elderly, disabled, and low-income residents. The BIA wants to support legislation that will impose limits on the tax assessments for these at-risk citizens. We are currently meeting with housing advocacy groups to help provide direction and leadership on this very sensitive issue. We all want Philadelphia to be 108 2/7/07 RULES - BILLS 060902, 903 the best city possible for all of its citizens. The Brewerytown project can help Brewerytown reach those often talked-about goals. However, it will not be the new housing units or the new residents that will make these goals obtainable, but the entire community working together.

Mr. Reddish

It is my hope that we start the process of working together today. Thank you.

Council President Verna

I thank the gentleman. Are there any questions from members of the committee? The Chair recognizes Councilwoman Brown.

Councilwoman Reynolds-Brown

Thank you, Madam President. Good morning, gentlemen. PANEL: Good morning.

Councilwoman Reynolds-Brown

Thank you all for your testimony. Mr. Brookman, you referenced in 109 2/7/07 RULES - BILLS 060902, 903 your testimony criteria that you will have use for developments like this.

Councilwoman Reynolds-Brown

Speak, if you would, very briefly as to what those criteria are.

Mr. Brookman

Sure. Well, it begins with location, whether the area that is being proposed for development is connected to something else that already is connected, whether people are going to be displaced or not displaced.

Councilwoman Reynolds-Brown

Okay.

Mr. Brookman

Whether infrastructure is in place, and as a result of having development occur where it's in place, avoiding infrastructure having to be reestablished somewhere else.

Councilwoman Reynolds-Brown

Mm-hmm.

Mr. Brookman

Mass transportation. Improving the number of 110 2/7/07 RULES - BILLS 060902, 903 people who use mass transportation to make it more efficient, more frequent, and potentially less costly to the public at large. It encourages mixed-use development so that the people in the community can walk to where they shop versus having to get into a car to get to where they want to shop.

Councilwoman Reynolds-Brown

Mm-hmm.

Mr. Brookman

And it also encourages higher intensity of development to enable less land to be used for development and to develop land in a more efficient and cohesive way.

Councilwoman Reynolds-Brown

Mm-hmm. Do any of those criteria include considerations of -- I can only cite an example to frame my question. Currently, the Comcast building is being called a green building as such. Do your criteria address that type of -- 111 2/7/07 RULES - BILLS 060902, 903

Mr. Brookman

Yes, it does. Our criteria, because we include land policy, preservation groups, environmental groups, we encourage green design, adequate appropriate storm water management so that the environment is preserved as part of the development.

Councilwoman Reynolds-Brown

Mm-hmm.

Mr. Brookman

And during the review process, it's interesting. The jurors, if you sit and listen to a review, you oftentimes wouldn't know which juror represented which discipline because oftentimes, it could be the developers raising environmental issues and environmental people suggesting that certain development issues could be more lenient.

Councilwoman Reynolds-Brown

Mm-hmm.

Mr. Brookman

So it's a very healthy dialogue with volunteers who meet and review these various 112 2/7/07 RULES - BILLS 060902, 903 applications. They occur not only here in Philadelphia, but in New Jersey, in Delaware, and all of southeastern Pennsylvania.

Councilwoman Reynolds-Brown

Okay. Well, I'm keenly interested in that, and I think it's a way that all municipalities need to go going forward, particularly when we look at rising utility costs and the impact that it has on the at-risk populations that you just discussed. Could I ask you to please forward to the Chair more material about your organization and those green criteria, if you will.

Mr. Brookman

I will be pleased to do so.

Councilwoman Reynolds-Brown

Thank you very much for your testimony.

Mr. Brookman

You're welcome.

Mr. Reddish

Madam Chair?

Council President Verna

Yes, 113 2/7/07 RULES - BILLS 060902, 903 sir.

Mr. Reddish

If I may, I have invited two business owners from Brewerytown to just give some brief testimony.

Council President Verna

If their name is not on the list, I will permit. However, I would beg you for them to be very brief.

Mr. Reddish

Thank you. Mr. Joseph Green and Aisha. (Witnesses come forward.)

Mr. Reddish

Just state your name.

Mr. Green

Good morning, Madam Chair. My name is Joseph Green.

Council President Verna

Good morning.

Mr. Green

I am the proprietor of B&G Auto and also own several residences in the Brewerytown area, and I am pleased to see what's happening in the neighborhood as far as the developing of the community, and I'm 114 2/7/07 RULES - BILLS 060902, 903 basically just pleased to see what's going on.

Council President Verna

Good. Thank you.

Council President Verna

Please identify yourself for the record.

Ms. Murphy

I'm Aisha Murphy, owner of (indiscernible) hair salon as well as East Park Laundromat, and I just wanted to come here today to show my support as well. Thank you.

Council President Verna

Thank you.

Mr. Reddish

Thank you, Madam Chair.

Council President Verna

Thank you very much. Mr. McPherson, please call our next witness. MR. McPHERSON: The next witnesses are: Juanita Haddad and Anthony 115 2/7/07 RULES - BILLS 060902, 903 Patterson. (Witnesses come forward.)

Council President Verna

Good morning. Please identify yourself for the record.

Ms. Haddad

Good morning. My name is Juanita Haddad. I'm the Executive Director for the Girard Coalition. The Girard Coalition is a coalition of over 40 community groups that touch Girard Avenue from I-95 to the zoo. We're very pleased with the opportunity to support Westrum Development and the bills that they have submitted. The coalition -- we have submitted a formal letter of support, but I wanted to add to that. As executive director of the coalition, I can personally attest to the exemplary participation and support of this development firm. Representatives of the company have not only actively 116 2/7/07 RULES - BILLS 060902, 903 participated in special events, but more importantly, they attend most community meetings not related to the development, just related to community concerns; for example, Town Watch and just general community meetings. I think this stands as an exemplary activity for any developer in the community. They have been a good neighbor in our community, and they continue to support activities of all the community groups in the area. Developers throughout our city should follow their positive posture to allay the many fears of development and gentrification in the City of Philadelphia. I extremely support the Westrum Development Master Plan.

Council President Verna

Thank you very much. Good morning. Please identify yourself for the record.

Mr. Patterson

Good morning, 117 2/7/07 RULES - BILLS 060902, 903 madam. My name is Anthony Patterson and I'm vice president of Telconnect Systems. Good afternoon, Madam Chair and members of the Committee on Rules. My company, Telconnect Systems, is a minority-owned business providing home security systems in Brewerytown. We offer the following testimony on Bill 11 No. 060901 and Bill No. 060902. We saw tremendous potential of the neighborhood in the Girard Avenue commercial corridor and wanted to be a part of its revitalization. We support the Westrum organization in its efforts to bring safe, affordable housing to this community. The Westrum organization continues to serve as a very good business partner to our company and to the community. We urge City Council to pass Bill No.'s 060901 and 060902 to provide the zoning structure necessary to make the Brewerytown plan a reality. 118 2/7/07 RULES - BILLS 060902, 903 Thank you for this opportunity to come before Council.

Council President Verna

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

Council President Verna

Thank you again.

Ms. Haddad

Thank you.

Council President Verna

Our next witnesses? MR. McPHERSON: The next witness is Al Austin. (Witness comes forward.)

Mr. Austin

I have copies of my testimony, and they include appendices that I will refer to as well.

Council President Verna

Sir, excuse me. Mr. Austin, is this your testimony?

Mr. Austin

The first two pages are. Most of it -- about 95 percent of it are appendices. 119 2/7/07 RULES - BILLS 060902, 903

Council President Verna

All right.

Mr. Austin

And I'll endeavor to skip where I can.

Council President Verna

If you would summarize, please. Thank you.

Mr. Austin

Before I begin, I do want to note that my name -- even though myself and Tracy Gordon, who's a well known political activist in the city, called early to put our names on the list of witnesses, our names did not appear in the official list, and I just want to enter that into the record. And I understand there may have been multiple lists going on according to Miss Ortiz, but I found it very, very strange that we were not included on the list, and we both oppose both bills.

Council President Verna

Thank you. Is Tracy Gordon also going to testify? 120 2/7/07 RULES - BILLS 060902, 903

Mr. Austin

She's going to testify later.

Council President Verna

Okay. Maybe she could come up to the witness table at this time. Is Mr. Tracy here?

Mr. Austin

I should tell you that -- I should tell you -- I'm sorry. Go right ahead.

Council President Verna

You should tell me what?

Mr. Austin

Well, I'm just a little concerned. I -- I know everybody -- everything everyone has to say is extremely important, and I want to make sure that I cover a few technical pieces and a few other aspects that I think are extremely critical. I represent my community organization --

Council President Verna

And we will sit here and listen to you.

Mr. Austin

Okay, sure.

Council President Verna

I 121 2/7/07 RULES - BILLS 060902, 903 just thought that Miss Gordon could come up since you said that she had called and her name did not appear on the list.

Mr. Austin

And she's on it now.

Council President Verna

I thought she could simply sit beside you while you go on with your testimony.

Mr. Austin

Absolutely. I mean, she's on the list as well.

Council President Verna

Okay. Tracy? (No response.)

Council President Verna

Okay. Please proceed, sir.

Mr. Austin

Madam Chairwoman, Mr. Vice Chair, and members of the Committee on Rules, my name is Al Austin. I live at 2834 West Girard Avenue, and I'm a resident of a small corner of North Philadelphia known as Brewerytown. I'm also president of the Pennsylvania nonprofit known as the 122 2/7/07 RULES - BILLS 060902, 903 African-American Business and Resident Associations, or AABRA for short. I come here as a native son of North Philadelphia born 42 years ago at the old Temple University Hospital. I plan to speak with humility and without equivocation for myself, my family, AABRA and much of Brewerytown. My authority speaks for Brewerytown and, indeed, others throughout the City stem from -- stems from hundreds of petitions signed by my neighbors and others in almost every other Councilmatic district. The petitions are marked as Exhibit B, and more are being collected as we speak. Exhibit B is about halfway through and extends almost to the end of the packet. Those are people who signed. And I should read. The petition states, I oppose Bills 060901 and 060902 because: A. They allow large developers 123 2/7/07 RULES - BILLS 060902, 903 to bypass the Zoning Board for projects that may harm my community. B. They virtually eliminate my due-process rights to contest those projects. And C. My consent was never sought by my Councilperson. I support comprehensive zoning reform that will place the will of every community ahead of the profit motive of developers and pay-to-play politics. I call upon my District Councilperson to follow the recommendation of the Planning Commission and table these bills until every community in Philadelphia meets with their District Councilperson to learn about the bills and have their opinions about them incorporated. I am also here to speak for those who cannot but would if fate had made different plans for them. I am here for elders Matilda Terry and Shirley Allen, both leaders of 124 2/7/07 RULES - BILLS 060902, 903 Brewerytown for generations, both of whom passed all too soon. I am here for Rosemary Cubas, a friend of Brewerytown who, only a year ago, was a strong and steady voice against displacement gentrification, eminent domain abuse and affordable housing. This legislation, we believe, has everything to do with our earlier opposition to Westrum Development's plans for our community, so it's essential that we put a few words into the record about that experience. From 2004 to 2006, AABRA led the zoning opposition to Westrum's construction of 144 market-rate condos at 31st and Master Streets. The community was solidly opposed to the new construction because it was exclusively market-rate housing, while we wanted development that provided permanent living-wage employment, mixed-income housing and/or exclusively affordable 125 2/7/07 RULES - BILLS 060902, 903 housing. On December 29, 2003, a Zoning Board inspectors report, also included in Appendix A, that stated that Westrum had not -- I repeat, had not -- posted the zoning notices in accordance with the zoning code. Consequentially, the community was not informed of the hearing until the very day of the hearing, January 7, 2004. And yet in violation of ZBA Regulation 3, the ZBA held the zoning hearing and approved the requested variances. The Common Pleas Court affirmed the decision without addressing the violation of ZBA regulations. Excluding the Planning Commission meeting on January 16, 2001 AABRA has met with Westrum representatives on two occasions to discuss future development plans. Westrum was considering developing minimal numbers of affordable housing units and segregating them, but nothing 126 2/7/07 RULES - BILLS 060902, 903 definitive has been presented to us. Our organization opposes Westrum's plans as we currently understand them for precisely the same reasons that we oppose the first phase of their development. We want development that provides permanent living-wage employment, truly mixed-income housing or exclusively affordable housing.

Mr. Austin

We oppose Bills 060901 and 060902 because they are unconstitutional, violate the City Charter, lead to a dangerous concentration of power among large developers and public officials, increase the role of politics in the development process, and either reduce or eliminate opportunities for residents to control development in their respective communities. Zoning reform is essential. We need to place advocates for communities inside the ZBA, make the ZBA an elected 127 2/7/07 RULES - BILLS 060902, 903 body with short terms, add affordable housing mandates, redefine what we mean by affordable housing, enact court reforms so pro se and community organization appellates have a fair chance to achieve justice, and in general, reduce the influence of developers and politicians, not increase that influence. The proposed legislation is out of step with necessary reforms and the will of the public, as noted in recent public discourse. It must be rejected by City Council in favor of more comprehensive and sensible zoning reform. We will address Bill 060902 first because the second bill directly follows from it. Our specific objections are in three categories, the first with the establishment of the Industrial Transformation District. 1. The definition of an 128 2/7/07 RULES - BILLS 060902, 903 Industrial Transformation District is so vague that virtually any community in the City can include an ITD. The opening text in the Statement of Purpose seems to suggest that lack of specificity is intentional. Were they referring to residential neighborhoods experiencing high rates of vacancy? Precisely what does "high rates of vacancy" mean? Also consider the following text from Paragraph 5. The minimum district size shall be two acres of contiguous property. Does contiguous property include alleys, streets, buildings to be taken via eminent domain, buildings owned by the Redevelopment Authority? How to establish an ITD and which uses of permissible in an ITD may be defined by the bill, but which communities can be classified as an ITD? It's constrained primarily by which communities have a master plan prepared 129 2/7/07 RULES - BILLS 060902, 903 for it. Naturally, ITDs will only arise in poor African-American, Hispanic and, otherwise comparatively powerless communities. Since the unpleasant aspects of this bill will only apply to those communities there may be equal protection questions. This -- secondly this, bill 11 does not state who can define a master plan, only that it has to be reviewed not necessarily approved by the Planning Commission. Nothing prevents a developer from creating a master plan and submitting it to the Planning Commission, and since the Planning Commission is not required to post notices of its hearings, or even to have hearings per the City Charter, the community might never learn about any hearing other meeting where the master plan is to be voted on. Development constraints in the 130 2/7/07 RULES - BILLS 060902, 903 community could be effectively auctioned to the highest bidder in some backroom full of developers, all campaign contributors to the District Councilperson presented innocently to the Planning Commission, approved by the Planning Commission, and our communities would be none the wiser. Where is our due process? In fact, that is similar to what we learned at the Planning Commission meeting on January 16th. Westrum's architectural diagrams are essentially a master plan for large portions of Brewerytown. And per this legislation, there was no review by the Zoning Board and no 18 orange notices posted for the Planning Commission meeting at which it was considered. If not for e-mail notifications by the Planning Commission, we would have known nothing about the meeting. The Planning Commission voted to table the legislation. They 131 2/7/07 RULES - BILLS 060902, 903 concluded that they did not have sufficient information to make a decision. The legislation was unacceptably vague.

Mr. Austin

The lack of community involvement required in the process was unacceptable. They wanted Clarke and whatever supporters there are in the community of this legislation to testify before them. They wanted Clarke to explain the legislation to his district, and they were troubled by the fact that legislation with citywide impact has had so little public discussion. In the meantime, they wanted Clarke to postpone consideration of his legislation. And yet, the Planning Commission's concerns are non-binding, so Council was free to take up the measure today, even before the Planning Commission's minutes from January's meeting have been approved. Number 3. The bill does not require the ZBA to approve a master plan 132 2/7/07 RULES - BILLS 060902, 903 or the establishment of an ITD, only that the Planning Commission must offer a recommendation on them, and City Council must approve them. Neither this proposed legislation nor the City Charter require the Planning Commission either to hold public hearings regarding its consideration of a master plan or to notify the public of such hearings. Without notification, there's effectively no due process accorded the community in the creation of an ITD at least through the Planning Commission stage. Mobilizing a community to attend a City Council hearing is too high a burden for most communities to bear. And district politics being what they are, a hearing for the approval of an ITD will often be a mere formality. Therefore, replacing review by the ZBA along with its requisite zoning notices and 12-day posting requirements, 133 2/7/07 RULES - BILLS 060902, 903 with review by the Planning Commission and a City Council hearing, as this bill 4 requires, denies communities inclusion in the development of a master plan, inclusion in the overall approval of an ITD, and any reasonable definition of due process. These bills, therefore, will be challenged on their constitutionality and, at best, will require complex litigation. S. Constitution and the City Charter is whether this legislation is morally or legally right, or whether this is good public policy. We argue that no District Councilperson should be permitted to substitute himself for community involvement and ZBA review in any new development, not to mention the kind of massive development envisioned by this legislation with its two-acre minimums. 134 2/7/07 RULES - BILLS 060902, 903 That is what this legislation effectively allows, and that is much too much power for anyone. If sitting City Councilpersons believe that they can responsibly handle that much power, then how will each of you feel after you leave office? Do you know whether the next Councilperson from your district will be as responsible as you? This is part of the problem with investing extraordinary powers in one individual and stripping that power from the general population. Such officeholders will not all be philosopher kings or particularly moral or particularly ethical. Once granted such powers, how can the people or the City as a whole profit? Number 4. This bill violates Section 4-600 of the City Charter. We're told that the City Planning Commission shall prepare and adopt from time to time and modify and have custody 135 2/7/07 RULES - BILLS 060902, 903 of a comprehensive plan of the City. It says that the City Planning Commission shall do these things, not developers, not City Councilmen. The second category of our objection is on the aspects of the bill 8 relating to obtaining zoning permits in an ITD. Once an ITD is established, a developer will still need to obtain a zoning permit to complete a given structure. Unfortunately, Constitutional, Charter, and public policy questions arise again. First, this bill, namely Paragraph 3, violates Section 4-604 of the City Charter. We're told that the City Planning Commission shall make recommendations to be transmitted to the Council through the Mayor.

Mr. Austin

Now, we'll be happy to explain more of this should the matter ever come to litigation, but I encourage you to investigate Section 4-604. Number 2. This bill permits an 136 2/7/07 RULES - BILLS 060902, 903 applicant for a zoning permit to bypass the ZBA when the Planning Commission determines that the application is essentially consistent with the master plan. Once you bypass th ZBA, according to this bill, there will be no further appeal possible to the Zoning Board. Again, this substitutes the Planning Commission for the Zoning Board, and because the Planning Commission doesn't require notification and the ZBA does, it effectively eliminates due process. Number 3. In cases where the Commission does not find that an applicant is consistent with the master plan, it can still approve it without any right of the community to appeal to the ZBA. Hearings will occur before City Council, but the community will have lost its opportunity to participate in the Commission's dialogue given that no hearings or notification of hearings were required at the Commission level. 137 2/7/07 RULES - BILLS 060902, 903 This is far less protection than is currently granted by the zoning code because all zoning hearings do require public notice. Why are we reducing the protections of the zoning code? Number 4. If the Commission votes to deny an application and forwards that recommendation to City Council, then City Council nonetheless approves the application as permitted under the proposed legislation, we would be entering a murky area that looks suspiciously like spot-zoning. The Pennsylvania Supreme Court has found spot-zoning to be unconstitutional, and, putting it mildly, reprehensible. Number 5. This bill would entrench the development goals of large developers or whichever unspecified agents had sufficient influence to author the master plan for an ITD. There is nothing in the legislation that 138 2/7/07 RULES - BILLS 060902, 903 would preclude adjacent residential areas from being included in an ITD. Since there's a maximum total square footage for all buildings in an ITD, large developers may very well race against residents to propose their projects first, then possibly sit on their approvals for years, preventing residents from creating additions to their homes or building on the family lot. A resident would need to obtain it support and legislation from their District Councilperson to obtain what amounts to a variance in today's parlance. What happens if residents disagree with the development goals of their Councilperson? What happens when political activists who are not liked by their Councilperson propose grassroots development for their land that conflicts with, for instance, unpopular market-rate development desired by their 139 2/7/07 RULES - BILLS 060902, 903 Councilperson? That was the case two years ago when I, on behalf of my organization, purchased 3117 Master Street, effectively denying Westrum an opportunity to build $300,000 to $400,000 condos there. There's additional information in Exhibit A on that entire process. We created Songhai City Cultural Center, which the RDA, at the request of Councilman Clarke, promptly took through eminent domain. A massive and extremely costly campaign was required to have Councilman Clarke and the RDA rescind the taking. This is the first community center to open in Brewerytown in decades, and it's all privately funded. But if the proposed legislation had been along two years ago, it simply wouldn't exist, and the community would be worse off. Gentrification would have a 140 2/7/07 RULES - BILLS 060902, 903 stranglehold where, now, the long-term residents have an anchor and a better chance to survive and props per there. The proposed legislation makes development far more politically charged, not last. It concentrates power in the hands of developers and the District Councilperson while removing it from the residents. This is precisely the wrong direction for zoning reform in Philadelphia.

Mr. Austin

We need more accountability and political independence from the ZBA along with greater opportunities for residents to determine the shape of real-estate development in their respective communities. And the third area of concern is procedural. This legislation has never been brought before my community and explained by Councilman Clarke. There is no apparent benefit to our community, but because this would likely speed development of unpopular projects, 141 2/7/07 RULES - BILLS 060902, 903 there's considerable benefit to wealthy developers that have access to the corridors of power in this city. And what about the residents of other districts? What have other City Councilpersons told them about this legislation? Do the residents of other districts approve of the fact that their right to be notified of potentially noxious developments going up in their backyards is being curtailed or eliminated? Isn't it your responsibility as District Councilpeople to tell them, engage their opinions. Don't you want to know what they think about this legislation? Because it affect them, not just the 5th District. Shouldn't your constituents know what you're up to before a public campaign against this legislation forces you to defend your vote right up to Election Day in May, then in November? In conclusion, on Bill No. 142 2/7/07 RULES - BILLS 060902, 903 060902, it usurps the power of the Planning Commission, usurps the power of the Zoning Board, is unconstitutional, violates the City Charter and works against the ability of a community to protect itself from noxious uses. We ask that the City Council reject this proposed legislation. With respect to opposition to Bill 060901, our specific objections are: 1. City Council should reject this legislation because it attempts to designate parts of Brewerytown and ITD but ITD who do not exist yet in the Code. 2. City Council should reject this legislation because it is based upon proposed legislation that we have already demonstrated to be unconstitutional, a violation of the City Charter, and otherwise unacceptably flawed particularly from a public-policy perspective. 143 2/7/07 RULES - BILLS 060902, 903 3. The proposed legislation is a regrettable attempt by our District Councilman, Mr. Clarke, on behalf of Westrum, to bypass the well-known objections that AABRA and the greater Brewerytown community have to Westrum's development plans and force an abhorrent project upon us. The City Council should have no role in this whatsoever. Councilman Clarke should come before his constituents and hear their thoughts, then accede to their demands. We will be happy to host such a meeting, Mr. Clarke. In conclusion, Bill No. 060901 is flawed because it is based on flawed proposed legislation and references designations not in the Zoning Code. We ask that City Council reject this proposed legislation. And I just want to give a few additional comments. I won't read everything on the last two pages. There is, we believe, 144 2/7/07 RULES - BILLS 060902, 903 overwhelming opposition to this in our community, as evidenced by the petition and as evidenced at a community meeting we held on January 25th at the Songhai City Cultural Center, where more than 50 Brewerytown residents and concerned citizens across the City braved the bitter cold to attend an information and strategy meeting regarding the legislation. There was nearly unanimous objection to the fact that our due-process rights are not going to be expanded but are going to be contracted by these bills. As well, we have an online petition that we started about three days ago, and it contains numerous by signers, residents of the City of Philadelphia that decry this legislation. Theresa Castille states that, quote, Those who represent the people should always inform those they work for well before introducing zoning changes.

Mr. Austin

145 2/7/07 RULES - BILLS 060902, 903 People deserve to be fully informed about development projects before one person decides something that would have an impact on where they live. Curt Constantine states: All people, no matter what their race, ethnicity, or economic status, have the right to fair treatment. Respect is due always to the people from the government, and without the government, the people will perish. And there are other comments there. Also, much of the support for this legislation comes from large developers and their subcontractors; we heard a lot of that today. And there is support by some community organizations. A lot of those community organizations are totally dependant on funding from developers or our district Councilman. One of those organizations is Brewerytown CDC, and you heard Mr. Azid Muhammad speak. 146 2/7/07 RULES - BILLS 060902, 903 We ask that Council weigh the independence of an organization or an individual when considering their testimony. We understand that the gentleman who spoke is no longer the executive director of Brewerytown CDC. And in Appendix C, we submit a flyer, we understand, was circulated by him where he attempted to fire his board, and we submit an article in the Philadelphia Inquirer that shows that the board terminated him. Any Memorandum of Understanding that Westrum has between Brewerytown CDC and themselves seems to be based on something we can't identify because we talked to two members of their board, and they were completely unaware of any -- any evidence of any Memorandum of Understanding. So we don't know what agreement Westrum has with any community organization operating within Brewerytown. 147 2/7/07 RULES - BILLS 060902, 903 Now, we should also add that owners of Westrum condos are also apparently supporters of this legislation, and I do not wish to question their motives in buying one of these properties or in supporting the proposed legislation. But Council should recognize that their interest in protecting property values, their own property values, must be weighed against the needs of a poverty-stricken community for mixed-income housing and the need for preserving our Constitutional rights. So I have other testimony. I won't go there, but if I could just have one more minute. I do want to say this were several comments made by others here. Mr. Muhammad, who spoke a little earlier from Brewerytown CDC, he said he was one of the founders. He said that gentrification is not an issue with this 148 2/7/07 RULES - BILLS 060902, 903 legislation, and we find that impossible to believe. We know that our community wants mixed-income housing. Market-rate housing in one of the poorest neighborhoods of the City simply doesn't make sense if it's exclusively market-rate housing. We asked Westrum for mixed-income housing. And I believe it's -- it was Kevin Hanna who said they're putting mixed-income housing there. They certainly are not putting mixed-income housing on the acres that would be included by this legislation, 060901. According to communications we've had with Mr. Lonie and a conversation I had with Darrell Clarke -- and I'm sure he will respond to that -- they are proposing that they put affordable housing, so-called affordable housing, on adjacent lots on Myrtlewood Street and on Hollywood 149 2/7/07 RULES - BILLS 060902, 903 Street. That's economic and social segregation. What we want is to have an exclusive community. We welcome responsive development, we need responsible development. But what Westrum is proposing, what these two bills would allows, is that Westrum can billed market-rate housing, and we can do absolutely nothing to stop them. So we believe that this legislation, as it impacts throughout the City, should be carefully analyzed by all Councilpeople, and there should be hearings in your district, meetings with your people before you approve this legislation. Thank you.

Council President Verna

Thank you very much. Are there any questions or comments from members of the committee? (No response.)

Council President Verna

Thank 150 2/7/07 RULES - BILLS 060902, 903 you, sir. Our next witness, Mr. McPherson? (Unannounced witness comes forward.)

Council President Verna

Excus e me, are you just --

Mr. Cooper

Yes. I talked with Miss Ortiz, and I was on the list.

Council President Verna

I beg your pardon?

Mr. Cooper

Like Al said, a lot of people didn't get on the list, and I don't understand it.

Council President Verna

I don't know who you called.

Mr. Cooper

I called the person who I was supposed to have to call --

Council President Verna

Well --

Mr. Cooper

-- Miss Ortiz. I don't understand this.

Council President Verna

I 151 2/7/07 RULES - BILLS 060902, 903 don't, either.

Mr. Cooper

I mean, even in the first hearing, there was a lack of people in the community, you know, even getting to the meeting or even knowing about the meeting. And now, when somebody called, it seems to be like a problem. Why it wasn't just a list or something that we don't have to go through the person that's doing it because, as we know, in this city, it's hard for -- to get the City workers to do they job. So evidently, she's not doing her job. But I'm not just going to go there. There was a mistake. It don't seem like it was a mistake; it just seemed as though this is another game being played over again. And that needs to really be stopped.

Council President Verna

I know how hard Miss Ortiz works. And believe me, I do not believe that -- 152 2/7/07 RULES - BILLS 060902, 903

Mr. Cooper

That's what we all say.

Council President Verna

-- that that was --

Mr. Cooper

But the fact of the matter is --

Council President Verna

It was not intentional, sir.

Mr. Cooper

Well, the fact of the matter is, my name is Martez Cooper, and I --

Council President Verna

And you're not going to talk over me. (Indiscernible; parties talking over each other.)

Mr. Cooper

And I do not --

Council President Verna

Excuse me. If you don't mind, we're going to continue on with the list. And if you care to wait, you're free to do so. Our next witness, please? MR. McPHERSON: Al Byrne Brown and Jihad Ali, Milica Stojancic, Walter 153 2/7/07 RULES - BILLS 060902, 903 Mehl, and Mike Liggera. (Witnesses come forward.)

Council President Verna

Please identify yourself for the record for the record.

Mr. Brown

Good morning, Council Chairperson and the committee. My name is Al Byrne Brown. I'm the owner of a business in the community. I'm also an activist for not minority inclusion on projects but more specifically black inclusion on projects and especially when construction work is being done in the City of Philadelphia as well as in the community. I'm also a contractor in construction in the community and also a property owner in the community. I'd like to speak on behalf of the construction company. I'm the owner of a residential construction company based on 19th Street in Philadelphia and also a union construction company that does union construction work. 154 2/7/07 RULES - BILLS 060902, 903 We were awarded a competitive bid for the project that Westrum is doing over in the Brewerytown area. It has provided substantial work for our business on the union basis. We're a union steel erection company. And in the community as well, we're a residential company that employs in the community. We train, we hire, and we also bring about work within the community. The Brewerytown project, we were awarded that project in 2005, and we were awarded approximately $212,000 for that project. We also won for a competitive bid for the Penrose Property headquarters, which happened to be about a $500,000 project for complete welding and (indiscernible) erectors. And due to the quality of work we've done and the performance and the scheduling, Westrum went beyond the means, and we're currently working on 155 2/7/07 RULES - BILLS 060902, 903 several different Westrum projects throughout the City. And so I just wanted to give testimony in that behalf towards Westrum that they are, in my terms, fulfilling the minority qualifications for a project which they didn't really have any minority purposes beforehand.

Council President Verna

Thank you very much. Are there any questions or comments from members of the committee? (No response.)

Mr. Brown

Okay. And I'd also like to say that I, believing in the vision in that area, I also purchased, and I am a homeowner in that community as well.

Council President Verna

Thank you very much. Who's going to testify next?

Mr. Ali

Good morning, panel. Good morning, Madam Chair. My name is Jihad Ali. I wear a lot of different 156 2/7/07 RULES - BILLS 060902, 903 hats, but one of the hats I'm most proudest of is the fact that I'm an activist for inclusion of African-American and disadvantaged contractors on union construction sites -- and non-union, for that matter. But one thing, I was asked to come here today by Al Brown because one of the other testifiers mentioned that some of us have a -- some people are paid to come. But I'd like to put on the record I don't have anything to do with Westrum, I don't receive any funding from Westrum, I'm not one of the groups that he talked about that they have contracts to come and do exactly what I'm doing. But one thing that I really wanted to come when I knew about this was how hard that I know that I fought and how Councilman Clarke has fought and how Madam Chair has fought, Councilwoman Brown has fought, and Councilman Donna 157 2/7/07 RULES - BILLS 060902, 903 Reed-Miller and the late Mr. Cohen had fought on behalf of inclusion. I know about all of the history that has been spoken in this Council about inclusion. You know, recently, the New York Times had an article about this cycle of dysfunction particularly in African-American communities because of the violence, and one of the things I pointed out is that the only way to break the cycle is through education, jobs, and to instill hope in the youth. Well, when you have a developer come along like Westrum -- and I really -- even though I know that Westrum didn't have a written agreement, as my understanding was, I know that nothing would go down in Councilman Clarke's neighborhood without some inclusion. And when you have a developer that comes along and he says, You know what? Okay, I'm going to live up to my obligation, and I'm going to do 158 2/7/07 RULES - BILLS 060902, 903 inclusion. But when he moves outside of that district and he still gives inclusion, you really have to think, Well, maybe he really is committed. So, you know, I wanted to come because a lot of times I have been in this chair hollering, hollering, hollering, and only recently can I come and say that we really have a developer that is really living up to what he said. But also, one of the other hats that I do wear is, I'm a development partner in some other stuff in the city in other areas of the city, but the community group -- and I really would like to commend this Council and the community activists that came up, because that was handled really well. You gave him his opportunity to be heard, and that's really what we say it's all about. And I really -- I comment you, I commend him, because that's the democratic process. 159 2/7/07 RULES - BILLS 060902, 903 But one thing is, when you look at development in the city, you know, there's terms that we talk about. We talk about affordable housing, but really, that's like a two-sided edge. Some people talk about housing that you can afford, but there's a standard that we really need to live by, and that's the standard that 30 percent of the disposable income goes towards housing. That's the affordable housing. The community talks about they want a need for having affordable rental housing, and it's not that they oppose the market rate, but they want that affordable housing issue solved. One thing I'd like to propose to you, Councilman Clarke, is, when Secretary Hanna came up -- and I know how hard Secretary Hanna works, I know how hard Debra McCullough works, and all of you work to get housing done. What people on this side of the room forget about is that financing. 160 2/7/07 RULES - BILLS 060902, 903 But there's agencies like PHFA and developers who would piggyback on that site to do affordable housing. Well, those dots aren't connected. So I would like to suggest to Mr. Hanna to talk to some of the African-American developers who Mr.

Mr. Ali

Hanna is familiar with, because a lot of times when people sit at this table, they speak from a point of apparent knowledge and actual knowledge. Well, there's some actual knowledgeable developers out there that can help, and maybe if we ail all get together, we can solve this. But I think that -- the real issue I came down here was to say the guy practices what he preaches. He gives African-American contractors opportunities, and that opportunity is a profitable opportunity. 'Cause one thing Mr. Brown said was he made so much money that he bought a market-rate home for investment. 161 2/7/07 RULES - BILLS 060902, 903 So we need to just slow down for a minute. A lot of times people say, Oh, well, these guys are making, money, and they're really just, you know, putting money -- changing hands. They can't pay their taxes. But when we can have a successful developer come in and include African-American contractors, and they can make a profit, that's what the system is all about. So I thank you again for giving me this opportunity once again to come down here and tell you a different story.

Council President Verna

Thank you very much. Please identify yourself for the record.

Ms. Stojancic

Good afternoon. My name is Milica Stojancic, and I'm a homeowner across the street from Westrum's development on 31st and Balt Street. I'm here just to offer support 162 2/7/07 RULES - BILLS 060902, 903 for Bills 060901 and 060902. I -- I'm supporting the bills regarding Westrum Development Company's ongoing revitalization efforts and plan for the master plan, and I hope that this is going to become a reality, and I'm in favor of the proposal.

Council President Verna

Thank you very much. Are there any questions or comments from members of the committee of any one of the three witnesses? The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you. Thank you, Madam Chair. Madam President, I just wanted to follow up on one of the witness's testimony with respects to affordability. As you know -- and I don't know how many know that we in Council have sponsored -- I'm actually the prime sponsor of the inclusionary housing 163 2/7/07 RULES - BILLS 060902, 903 bill, and it is our hope that, as you had offered, that African-American and all contractors participate in that process that Mr. Hanna is currently setting up. And I hope that everybody in this room who has a position one way or another, I think everybody believes that there should be affordable housing throughout the City of Philadelphia, not just simply in North Philadelphia or not just simply in South Philadelphia. And the intent of that bill is to make sure that a percentage of all new housing starts have set aside for inclusionary housing. So I'm glad that you've offered to participate in that process, and we want to make sure that everyone has an opportunity to live anywhere in the City and not simply a geographical area that has been certified as a blighted area. So thank you for your offer.

Council President Verna

Thank 164 2/7/07 RULES - BILLS 060902, 903 you. Any other questions or comments from members of the committee? (No further questions.)

Council President Verna

Thank you very much. Our next witness? MR. McPHERSON: Walter Mehl and Mike Liggera. (Witnesses come forward.)

Council President Verna

Good afternoon. Please for identify yourself for the record.

Mr. Mehl

Good afternoon, Madam Chairperson and members of the committee of the board of rules. My name is name is Walter Ernst Mehl, Jr. My address is the 3100 block of Master Street, Philadelphia, PA, 19121. I would like to offer the following testimony on Bill 006901 and 060092. Firstly, I was born and raised in the City of Philadelphia. I received 165 2/7/07 RULES - BILLS 060902, 903 my education at the Thomas K. Finletter School and am an honor-roll graduate of Olney High School. I owned and operated a funeral home in the Lawndale section of the City for many years. I am a member of St. Paul's Evangelical Church, Olney, and attend St. Luke's the Epiphany Church in Center City, Philadelphia. I am a member and past district deputy grand master for the Grand Lodge of Pennsylvania. My blue lodge meets in the Chestnut Hill area of this city. I am also a member of the Lulu Temple Shrine Masons, which our Children's Hospital is affiliated with the Temple Hospital on Broad Street. This being said, I would like to paraphrase by saying I am a faithful Philadelphia resident. We, the residents of Brewerytown Square, humbly and peacefully assemble this day for the 166 2/7/07 RULES - BILLS 060902, 903 express of voicing our optimistic view relative to the zoning ordinance in this area of renaissance, one of many in our grassroot areas in the city, is essential for the preservation and continuance of our fair city. We come here today with positive vision as faithful and loyal citizens, ready to voice our thoughts and stand firmly united for our rights. Be not fooled by the number of residents that are present, for there are many more that, because of their jobs, were not able to be here today. However, they do stand for this same goal. We recently purchased property, full of pride, living in an area rich in historic value as our great City of Philadelphia. The City of Philadelphia and its City Council should be equally impressed by the efforts of not only the builders who chose to set their sights in this area but also the purchasers who 167 2/7/07 RULES - BILLS 060902, 903 automatically became investors not only for themselves but in our City revenue. Brewerytown is a fantastic value for its easy access to our highway systems, and is very close to Center City, our many museums, cultural areas, and businesses. Simple logic dictates that if anyone were to clean up, improve, build, and make a once-desolate area vital again, this should be supported. I fully support the master plan and share in the great potential of the neighborhoods and the Girard area commercial area and want to be a part of its rebirth. I applaud the fine efforts of Darrell Clarke in making this plan a reality. Brother Steven Girard, a well known historic figure and Mason, would also be pleased with these fine labors. Since I have lived here, I have been privileged to meet many wonderful people of many ethnic backgrounds, 168 2/7/07 RULES - BILLS 060902, 903 cultures, and walks of life. It has been truly enriching to see how well we can dwell together in peace and harmony. The concept of mixed-income neighborhoods where housing opportunities are available for all is a must. This makes for a more wider definition of the melting pot. I enjoy being so very close to Kelly Drive and often bike there when the weather is much more warm. N. nurse. There are many more other areas in this city which are zoned industrial and are sitting abandoned. This creates a haven for unsightly, unsafe, and illegal activities. This should be a new beginning for this and many other existing areas in our city that would yield for a stronger tax base 169 2/7/07 RULES - BILLS 060902, 903 revitalized by tax-paying voting citizens. In closing, let us not forget and be thankful that we are permitted to assemble in chambers as beautiful as this for the preservation of our neighborhoods and our city only made possible by the sacrifice of the men and women who serve and die that we may be free.

Mr. Mehl

We urge City Council to pass Bill 060901 and 060902 to provide zoning structure to make this master plan a reality. Thank you for the opportunity to come before this Council.

Council President Verna

Thank you very much. I would just like to make a statement. We do have a number of witnesses in the audience whose names appear on the list that was given to us. If you have prepared testimony and you feel that you must leave, we will 170 2/7/07 RULES - BILLS 060902, 903 definitely make your testimony as part of the that will be given to the stenographer; and, as I said, it will be made part of the record. So if you feel that you must leave and have prepared testimony, please let us know that. All right, sir, please identify yourself for the record.

Mr. Liggera

Good afternoon. My name is Michael Liggera. I am a homeowner in Brewerytown Square, and I'd like to offer the following testimony on Bills 060901 and 060902. My wife and I moved into Brewerytown Square in December of 2005 from a rowhouse on the 2700 block of Parish Street. We moved into our new home with the hopes and expectations that we would be a part of a new, vibrant community in the Brewerytown section of Philadelphia, and since our move, we are proud to call ourselves Brewerytown residents. 171 2/7/07 RULES - BILLS 060902, 903 We have seen many positive changes as more and more homeowners move into Brewerytown Square. What was once a vacant, deserted area is now becoming a lively place to live. However, without future development in Brewerytown, our hopes and our expectations will remain largely unfulfilled, and the potential for this community in this area of Brewerytown will be squandered. I ask that you allow Westrum to continue its development plan so that Philadelphia can count Brewerytown in its list of vibrant neighborhoods. Thank you.

Council President Verna

Thank you.

Council President Verna

Good afternoon.

Ms. Gordon

My name is Tracy Gordon. I understood you called me earlier; that's why I'm up here. 172 2/7/07 RULES - BILLS 060902, 903 I'm from the Concerned Citizens for the Preservation of Southwest Philadelphia. I got information in regards to these bills. I'm still trying to basically, as a home owner and a resident -- 'cause I think that's a clear distinction, owning a home, being a resident 'cause you can own homes all over Philadelphia, but living in the area makes a lot of difference too. So I was really concerned, Madam President, and you're my councilwoman as well, as I look around the city and most particularly my neighborhood. And I grew up in North Philly. I am concerned with a few things that I heard and a few things that I'm understanding about the bill. Some things that come to my mind through the testimony was the ten-year tax abatement, affordable housing, mixed use, supermarkets that don't want to come into urban or African-American neighborhoods; quite to 173 2/7/07 RULES - BILLS 060902, 903 the contrary is wrong, because we got a Save-A-Lot coming to my neighborhood people are waiting for. We just got the big supermarket that never left, Acme, and all up Chester Avenue. We got one on 56th and Market. So black people eat supermarket food, so I don't believe that. And then the gentrification -- homeowners versus residents of Philadelphia. Now, I got the article that Erni Young from the Daily News did the other days, "Lots of Condos to Suit Your Needs," and this is a quote from Westrum that kind of disturbed me sort of because I didn't hear them quote this here, but in briefly, it says that Westrum are building homes in the Brewerytown -- 700 of these units for $269,900 for a perimeter units and $415,000 for a courtyard units. I'm not too sure what type of income you have to have to be able to 174 2/7/07 RULES - BILLS 060902, 903 afford that, but I know that's not affordable homes, okay? And I'm not too sure that the homes that are in the surrounding area are some of the indigenous people that have stuck it out, Madam President, through, you know, the drug wars, through the redlining -- all this stuff is factual -- through the just not being able to get finances, and all other things that kind of crept into their neighborhood of Brewerytown, which, a/k/a, is North Philadelphia. I know that we're trying to change names. You know, like West Philly, you know, we don't say "Pascal" and all that, but now, all of a sudden, North Philly is North Central and there's Brewerytown and Francisville. And you know, they trying to, you know, break it up. But I just know, like, whenever I come up 29th Street some summers, they have a whole block, like a 20-block radius blocked off. And I -- I was very 175 2/7/07 RULES - BILLS 060902, 903 surprised 'cause I said, you know, real people live in this area, real people who have stuck it out in Philadelphia for this long period of time. So I'm trying to figure out, you know, who can afford a $415,000 courthouse. And then should the community not be concerned when John Westrum, CEO, quotes, "I have coined" -- this is a quote from the Philadelphia Daily News that they said he quoted, so it's a quote: "I have coined the phrase that we don't build affordable housing; we build housing people can afford." Company CEO John Westrum quipped, "We have programs now that can put you into a home for $1500 to $1800 a month." And so, to me this statement to me is very callous because the people that are indigenous in that area, Madam President, it's no way in the world that they can afford this. And as a matter of fact, I 176 2/7/07 RULES - BILLS 060902, 903 heard testimony that they said people are tax-paying. Well, from what I understand -- and correct me if I'm wrong, Councilman Clarke -- is, the homes that are being built at Westrum right now is -- has a ten-year tax abatement?

Councilman Clarke

Yes.

Ms. Gordon

So that means that they're not paying any taxes that we, the indigenous -- I'm not saying that I'm in Brewerytown, but the indigenous -- I'm still paying real-estate taxes, so I don't really believe that in ten years, which my property value has doubled, which is, to me, a two-way school, a good thing and a bad thing. But if -- if this property value, which it will, if it goes from 400,000 -- if it doubles like mine doing and it goes to 800,000, which is close to a million dollars, and then ten years from now, the tax abatement is gone and 177 2/7/07 RULES - BILLS 060902, 903 all that stuff, then "ka-ching" to anybody that has invested into Westrum, because then they can just sell off the profit. But what happens to people who cannot afford this, that's been paying the taxes? So all I'm just saying is, one, on Bill No. 060902, this will create a new zoning designation called ITD. The language is so vague that any two district with two contagious [sic] areas of vacant land anywhere in the city can qualify. This legislation would effectively eliminate a community's right to contest unwanted real estate development. That's one why I'm here. And, two, Bill No. 060901 would change the zoning classifications of all of the parcels of land in Brewerytown that surround Songhai City, which, by the way, I had supported for that not to be considered. At one point, Songhai City, which is a nice-looking cultural center, beautiful, but that was 178 2/7/07 RULES - BILLS 060902, 903 considered blighted even though it got contested and reversed. So in closing, what I'd like to say is, I just think at this point that it need to be districtwide hearings on this, because this particular -- these two particular bills are going to set a precedent. And all I'm saying is, the constituents who vote for you all mostly, mainly in most of the districts cannot even dream or qualifying for this type of development in their neighborhood. So I'm just saying that maybe it can be tabled and reconsidered because the people that vote for you all -- and I voted for you, Madam Councilwoman -- that it should be considered so that this doesn't set a precedent because what I'm hearing is ten-year tax abatement, affordable housing. And when they say "affordable 179 2/7/07 RULES - BILLS 060902, 903 housing," could you please tell me what "affordable housing" is because according to John Westrum, he says he is not -- we don't build affordable housing; we build housing people can afford. So that's Puff Daddy and the rest of 'em who can afford that or I guess whoever affords that, you know? So that's -- that's -- that's my testimony. I thank you for the time. (Applause.)

Council President Verna

Thank you, Tracy. Are there are any questions or comments from anyone at the witness table? (No response.) MR. McPHERSON: The next panel consists of Teruko Tomaki, David Estes, and Lynn Kujath.

Mr. Primavera

Madam Chairman, if I may. I believe the people who are remaining to testify are all in support. And in the interest of time, I thought 180 2/7/07 RULES - BILLS 060902, 903 that what we would do is just have their testimony submitted; they're agreeable to that, as I understand it.

Council President Verna

Well, that's wonderful. MR. McPHERSON: We have one other person. Martez Cooper.

Mr. Primavera

That will be fine, but what we will do is, we'll hear testimony from this individual. And then as to the others, what I would rather do is have them place it in the record in terms of their testimony.

Council President Verna

That would be -- that would be fine.

Mr. Primavera

And then we can conclude with Mr. Westrum, who, I'm sure, has a few comments to share.

Council President Verna

Thank you.

Mr. Primavera

Thank you. (Witnesses come forward.)

Mr. Cooper

Yes. My name is Martez Cooper, and I'm the president of 181 2/7/07 RULES - BILLS 060902, 903 the Brewerytown CDC. And to my understanding, this morning, Mr. Muhammad testified. Mr. Muhammad is no longer a part of the Brewerytown CDC, and he has no right to come here and testify on this bill or any other bill. And I hope City Council will acknowledge that. My name is Martez Cooper, and I definitely oppose this bill for everything that it stands -- and everything that it stands for because here we go again. This is just another fine example on how far Darrell Clarke and these arrogant developers are willing to go to manipulate and deceive our community once again. Because on one hand, they tell us that the development will be good for everybody; but on the other hand, they turn around, with the help of City Council, and cut us completely out of the picture and cut us completely out of 182 2/7/07 RULES - BILLS 060902, 903 the picture as a community. Excuse me. Do anybody work in here? This is -- do any -- this -- I didn't see anybody do this when the other people was --

Council President Verna

(Inaudible, off-mic.)

Mr. Cooper

As I was saying, on the other hand, they turn right around and cut the community completely out of the picture. This is very disrespectful for our city council and mayor to be a part of such a violent conspiracy towards our community. And I say "violent" because the violence and the drugs in our community do not work with anyone but the developers. The drugs went in; no 20 one spoke on that; they are still there; no one spoke on that. The murders, rape; it's still there; no one spoke on that. Maybe that is not even important. I don't understand City Council. You know, is you all for us or 183 2/7/07 RULES - BILLS 060902, 903 for the developers? I mean, that's all I really want to know. And as far as the Brewerytown CDC, we do not support this bill at all, and that's from me and the board of members. And I'm asking you, Darryl, Clarke, you know, what's up with that? As far as -- you know, you didn't even have a meeting with us. We called on you so many times. I've came to your office and tried to talk to you about this matter and the violence which is so much plaguing our community. This is -- you know, this city is out of control. And for people to want to bring this development into our community with a community that's out of control as it is disrespectful to us.

Council President Verna

The Chair recognizes Councilman Clarke. (Mr. Cooper walks away from witness table.)

Council President Verna

Just 184 2/7/07 RULES - BILLS 060902, 903 a moment sir.

Councilman Clarke

You asked me a question. Mr. Cooper, first thank you for your testimony. I acknowledge that there are some issues with respects to the CDC; other members are not. That issue has to be resolved one way or another, and I'm fully willing to do that. With respects to the issues in the neighborhood, I'm fully aware of it, I'm over there all the time, and I'd be more than willing to sit down with you, your organization, and anybody else to talk about some of the existing problems because I do believe that there --

Mr. Cooper

Before or after this bill gets passed?

Councilman Clarke

It's totally unrelated to the bill. I mean, the reality is --

Mr. Cooper

I don't want to talk if it's concerning -- I don't want to talk if it's -- if it's -- 185 2/7/07 RULES - BILLS 060902, 903

Councilman Clarke

That's fine. Thank you, Mr. Cooper.

Mr. Primavera

Madam President, I may actually have been out of turn. In the interest of trying to have everybody focus their attention, you know, on the record, I've been approached by everyone saying that they've taken the day off and they are so in support of this ordinance, and in the face of what they believe is some stray adverse comments, that they would pillory me from post to post if they can't testify a hundred percent in support of the ordinances today. So I stand corrected and I'm hopeful that we will all hear from them because they speak from the heart, and I just heard it ringing in my ears.

Council President Verna

All right. Thank you. Please identify yourself for the record and proceed with your testimony. 186 2/7/07 RULES - BILLS 060902, 903

Ms. Brown

My name is Marina Brown. Good afternoon, Madam Chairperson and members of the Committee on Rules. My new address will be 1307 north 32nd Street Philadelphia, PA, 19121, on or before July 1, 2007. I am here today to offer the following testimony on Bill No. 060901 and 060902. I was born and raised in Philadelphia, Pennsylvania, on August 11, 1954, and I've lived in this city my entire life. I've been a resident taxpayer since the age of and a 16 registered voter since the age of 18. I worked in Center City, and currently work in Center City, for more than 35 years, and I've been working for the federal government for more than 21 years. However, I can retire in 2011 at 22 the age of 56. And I love Philadelphia. 23 At age 36, I purchased my first 24 home in July, 1991, but due to a failed 25 marriage, I suffered the loss of my 187 2/7/07 RULES - BILLS 060902, 903 first real-estate investment. In September of 2006, I began to take another look at opportunities to invest in property and found through Long & Foster's real-estate office that I could qualify for a conventional 30-year interest-only mortgage toward the purchase price of $230,000. You see, I am now planning for retirement, and I believe it's the right time, the right place, and it's the right price for me to purchase a home in Brewerytown Square -- or I call it B Town. In November of 2006, I was driving up Girard Avenue and noticed the sign for B Town's models located on 31st and Thompson Streets. It was a Sunday, and I was driving by from the hair salon. I was unaware of the development and immediately rushed home to view this on the website. I was pleased to see how many other neighborhoods were developed in 188 2/7/07 RULES - BILLS 060902, 903 the city. I envision the same for the areas of 31st Street 32nd Street, Glenwood Avenue, the Girard Avenue corridor, and Oxford Street. I thought, how nice to be so close to the zoo balloon at the Philadelphia Zoo, entrances to the Schuylkill Expressway, shortcuts through Fairmount Park and Kelly Drive, and to my church, Sharon Baptist Church on Conshohocken Avenue, and a convenient SEPTA ride downtown, where I don't need to drive my car. I took the tour of the two models offered, and immediately I knew I had to be involved with this project, because at Long & Foster, they sent me to various residences. For $230,000, I was going to get someone else's home that they fixed up, not something brand-new. I didn't even know that I could afford that. So I looked to moving into my new home in B Town. I urge City Council to pass 189 2/7/07 RULES - BILLS 060902, 903 Bills 060901 and 060902 and provide the zoning structure necessary to make this master plan a reality, my reality. Thank you for this opportunity to provide my comments to the Committee on City Council.

Council President Verna

Thank you very much. Our next witness is...?

Ms. Sanford

Hi. Good afternoon, Madam Chairperson and to the fellow committee members. My name is Pat Sanford and I'm the CEO of Alexander Perry, Inc. Yes I have taken considerable time away from my schedule. I am also a member of the Art Commission Board, the Mayor's Committee on Minority Affairs, the Governor's Committee on Minority Affairs, the Please Touch Museum Board. And I can actually say to you, coming from -- grown up in Philadelphia, that I have an uncle who's 81 years old who lives on 31st and Norris Street and 190 2/7/07 RULES - BILLS 060902, 903 also cousins who live in the area that are actually quite pleased to see such a great development like Brewerytown Square. So I would challenge anyone who lives in the area to not think about how can we afford this? but think about why not try to afford something like this? I would challenge you. I want to put that on the record that, you know, sometimes we need to think a little differently than we have in the past. And I think that from a standpoint of an owner of a business, Westrum Development hired my firm. They sought me out and hired my firm to provide professional services, which, sometimes in the city, doesn't happen often. So they hired my woman-owned minority firm to do interior design services for one of the models that's at Brewerytown. Now that sole contract might have been small initially, but it netted 191 2/7/07 RULES - BILLS 060902, 903 out over 150,000 because some of the residents that live in the area sought out my services as well and also developers who toured the site. So I am in full support of Westrum Development's efforts because they have absolutely reached out to the community. They have reached out. My cousins and uncles have toured the project, and it has made them think more about living in a property of this type and magnitude. So I would further say that to pass a bill for this development would be in the interests not only of Westrum but other community members and other people and business owners like myself. Thank you very much.

Council President Verna

Thank you. Good afternoon.

Ms. Hardy

Good afternoon, Madam Chairperson and members of the committee. My name is Leola Hardy, and 192 2/7/07 RULES - BILLS 060902, 903 I'm here on behalf of both myself and my husband, Joel Trotter, who could not be here today. We are both residents of Brewerytown Square and we live in the 1300 block of North 31st Street. And I would like to offer the following testimony in support of Bill No.'s 060901 and 060902. I'd first like to say that I have been a long-term resident of the City of Philadelphia. I'm a graduate of Temple University School of Law. I've been with the Public Defenders Office in the city for the past ten years. When my husband and I got married, we decided to make a commitment to remain in the City of Philadelphia, and when we did so, we saw the Brewerytown neighborhood as a hidden gem. We saw that it was close to Center City where we were able to work, close to Fairmount Park, Kelly Drive. We liked the diversity of the neighborhood 193 2/7/07 RULES - BILLS 060902, 903 that was there, and we also liked the diversity of the people who are actually buying in Brewerytown Square. We saw a potential for growth, and it made it an ideal place for us to decide to buy. Moreover, we were very excited to find new construction that we felt was affordable and within our reach. We love the location and we are excited about being a part of the community and contributing to that community. We support the Brewerytown Master Plan and think it's an excellent opportunity to turn blighted, abandoned industrial properties into a thriving residential neighborhood that will complement the existing structures and neighbors while, at the same time, welcome in new residents and the energy and ideas that come along with them. In the year that we've been living in Brewerytown Square, we've 194 2/7/07 RULES - BILLS 060902, 903 become involved in that neighborhood. I've become involved with the Brewerytown CDC and also a Town Watch program. I have seen a cooperative effort between the old and the new residents in Brewerytown. And based on conversations with the longtime residents and new residents of the neighborhood, I think that most of the people that I have talked to -- actually, all of the people that I have spoken to -- have seen positive changes that have resulted from the Westrum Development and the increase in activity and new people who are in the area. This is exactly the type of development that progressive cities like the City of Philadelphia should be encouraging. My husband and I, we both urge City Council to pass both bills and to provide the zoning relief necessary to make the master plan a reality. 195 2/7/07 RULES - BILLS 060902, 903 Thank you for this opportunity to be heard.

Council President Verna

Thank you very much. Are there any questions or comments from members of the committee of any of the three witnesses at the table? (No questions.)

Council President Verna

Thank you again for your patience. Our next witness? (Witnesses come forward.)

Council President Verna

Would you please identify yourself for the record.

Mr. Williams

Good afternoon Madam Chairperson and committee members. My name is Reynold Williams, and I am a resident of Brewerytown. It is my pleasure to speak before you today regarding Bills 060901 and 060902. The building of the Brewerytown Square condominiums has afforded me the 196 2/7/07 RULES - BILLS 060902, 903 opportunity to purchase my first home at an affordable price in a community close to where I work and socialize. I've realized a dream that has been in the making for some time. With that dream comes the idea of helping others who are looking to take a chance on the city, anxious to increase not only the number of businesses in the county but increase the number of young residents as well. For far too long, students of the many area colleges have left for other cities such as New York, D.C., and Chicago, and it is now up to you to reverse this trend. With the efforts of Westrum Development, we now have a means of retaining these students and their spending power in the form of affordable housing, something these other cities can't offer. The Brewerytown project offers a means for these students to remain in the area at an affordable 197 2/7/07 RULES - BILLS 060902, 903 price through low-cost attractive housing and reasonable financial plans, all the while helping a community prosper in the process through efforts to provide small-business and retail opportunities. I relish the potential the development holds for both it's new residents and those who have called Brewerytown home for sometime. In its development, Westrum did not displace a single Brewerytown resident; instead, Westrum turned abandoned lots and warehouses into valuable property by constructing homes. With the advent of the development, local-area homes have increased their value, offering financial rewards for those looking to further renovate their existing home or have them looking for means to see their current economic strength grow. There's a positive effect to the Brewerytown project that extends far 198 2/7/07 RULES - BILLS 060902, 903 beyond my property or the property of new Brewerytown residents: It is the hope for the revitalization of North Philadelphia one block at a time, working with current residents and offering financial benefit to them in the process. To hinder such development only strengthens the stagnation that areas outside of Center City have fought for over the last decade. I implore your help in not only insisting that people such as myself actualize a dream but help the city and its residents prosper through the financial and economic rewards that come through affordable house and business opportunities. As a minority, I take pride in being able to buy a house in a community such as Brewerytown. In the time that I've been there, as you can see from those in attendance, we're a Benetton commercial; we are a conglomeration of 199 2/7/07 RULES - BILLS 060902, 903 multiple cultures that are here today to show our support for what Mr. Westrum has done in the community. I don't believe it's an issue of black, white, or racial issues or economic concerns, as we are trying to address all these here today. In effort, we've approached one of the most difficult things and compromised, and we're here before you to see that this goes through. I thank you for time and support.

Council President Verna

You're welcome. Please identify yourself for the record.

Ms. Land

Good afternoon, Madam President and members of City Council. My name is Lorraine Land and I'm a resident of Brewerytown Square. I live at 3127 West Thompson Street. I have lived at this address for just over a year. 200 2/7/07 RULES - BILLS 060902, 903 I work as a school counselor for the School District of Philadelphia, so living here and living in Brewerytown affords me the opportunity to be in close proximity to my place of employment. Actually, I work at Strawberry Mansion High School, so every day, I wake up in the morning and I walk to Strawberry Mansion; and every afternoon, I walk home. As well as offering me a place to live close to work, Brewerytown also allows me to have access to the myriad of things that Philadelphia has to offer such as the museums, restaurants and nightclubs, as well as its various cultural events. As a full-time -- as an educator, a single female, and a full-time Ph.D. student, it was my belief that my financial situation would never allow me the opportunity to purchase a home close to Center City, Philadelphia, although purchasing a home 201 2/7/07 RULES - BILLS 060902, 903 in Center City or near Center City has always been my dream. However, my belief was transformed when I heard of Westrum's development here in Brewerytown. The same day I saw the community in December of 2005, I put down my deposit. Two weeks later, the day before Christmas, I moved into my first home. My dream was realized. This past year living in Brewerytown has been wonderful. I have met many friendly and welcoming neighborhoods, both inside the development and outside of the development. I have also met great people at the local markets and stores as well as within the staff employed by Westrum. Throughout the past year, I have read much press regarding what is happening at Brewerytown, and unfortunately, much of this press has been negative. 202 2/7/07 RULES - BILLS 060902, 903 As a resident who's lived there a year now, I can see nothing negative in furthering the development of such a wonderful abutting community. By allowing Westrum to continue to develop at Brewerytown, the City Council will allow this community and its members, regardless of their race, gender and socioeconomic status, to thrive and realize their dreams as well. Thank you for giving me the opportunity to be heard.

Council President Verna

You're welcome. Please identify yourself.

Ms. Kujath

Good afternoon. My name is Lynn Kujath. My address is 3112 west Master Street, Philadelphia, PA. I would like to offer the following testimony on Bill No. 060901 and 060902. I moved to Philadelphia seven years ago to attend college and fell in love with the city. Throughout my entire life, I have had to work hard for 203 2/7/07 RULES - BILLS 060902, 903 every dollar in my pocket. I put myself through college and am a first-time homeowner because of the affordable option that Brewerytown Square provided. Currently, I am employed by the Children's Hospital of Philadelphia as a nurse-practitioner, and I give back to the community on a daily basis. I was drawn to Brewerytown because of its close proximity to my employer, Kelly Drive, I-76, the zoo, Fairmount Park, and Center City, but most importantly, because I saw a diamond in the rough. Brewerytown has tremendous potential that is unmatched by other neighborhoods of Philadelphia. In addition, the proposed master plan will facilitate the Girard Avenue commercial corridor to flourish beyond what we can envision. Just as Philadelphia has been named "The Next Best City," Brewerytown is the next best neighborhood. I'm in total support of the 204 2/7/07 RULES - BILLS 060902, 903 master plan and the transformation of a blighted district into a flourishing neighborhood that complements and unites with the larger community. As a taxpayer, registered voter, and your neighbor, I urge City Council to pass Bill No. 060901 and 060902 to provide the zoning structure to make this master plan a reality. Thank you for allowing me the opportunity to allow me to come before you.

Council President Verna

Thank you very much. Are there any other questions or comments of these witnesses? (No response.)

Council President Verna

Seeing none, I would ask Mr. McPherson -- are there any other witnesses who would like to be heard? MR. McPHERSON: There's one more.

Council President Verna

May I 205 2/7/07 RULES - BILLS 060902, 903 suggest you approach the witness table, please. (Witnesses come forward.)

Council President Verna

Good afternoon. Please identify yourself for the record.

Mr. Cooper

Good afternoon, Madam Chairperson and members of the Committee on Rules. My name is Frank Mercantonio, and I currently live in the Brewerytown Square development. I'd like to offer the following testimony on Bills No. 060901 and 060092. Brewerytown has been a struggling neighborhood for many years but yet remains one with strong assets, where there is potential to build from its existing strengths and prevent or even potentially reverse further decline. Despite struggling with poverty in recent decades, Brewerytown has seen a recent influx of young professionals and is considered a neighborhood on the 206 2/7/07 RULES - BILLS 060902, 903 rise. I, for example, decided to buy in Brewerytown Square because it awarded me an affordable and unparalleled option new construction near Center City and made many things that I enjoy to do just a five-minute drive away. My girlfriend's commute is exactly seven minutes. However, owning a home in Brewerytown has also afforded me a much greater as opposed to many of the properties available in the city, many of which do not even include parking. But more importantly, Philadelphia and its people are not foreign to urban revitalization and neighborhood transformation. Philadelphia is known as a city of neighborhoods, okay, but not all of them what they are today weren't always like that. Old City is a place of unique people, significant history, charming 207 2/7/07 RULES - BILLS 060902, 903 shops, intriguing night life, and just loads of entertainment. I'd like to know how all of that became Philly's version of New York's Soho without change. What about Fishtown? A neighborhood once hit by poverty has been seeing property values rise in recent years as the neighborhood has seen an influx of artists and professionals. Northern Liberties. In recent years, Northern Liberties has become a center for local artists and musicians due to large improvement and large revitalization projects that have been undertaken recently. That neighborhood has been targeted for revitalization because it's very close to Center City. There are many other examples of revitalized neighborhoods that I can speak of across the city. East Falls, Manayunk, Mt. Airy, Manayunk, South of South, Bella Vista, and Parkside, just 208 2/7/07 RULES - BILLS 060902, 903 to name some. These areas vastly differ from one another in many ways. Some are gentrifying while others remain relatively stable demographically. In some areas, one person or institution invests capital; others are rekindled by the spillover effects of an adjacent neighborhood's transformation. But what brings all of Philadelphia's success stories together is that in every single case, the transformation came about because of a rediscovery of a neighborhood's particular assets, much like Brewerytown has. And in attempt to bring new life to the Brewerytown neighborhood, I am in support of the master plan and the transformation of vacant properties and abandoned buildings into a thriving neighborhood that complements and connects to a larger community. As Brewerytown moves toward 209 2/7/07 RULES - BILLS 060902, 903 economic and social revitalization, this and future redevelopment projects will continue to remove significant physical decay from the area as well as have a strong positive effect on the surrounding neighborhoods. In time, Brewerytown can be a success story too. So in closing, I ask City Council to pass Bill No.'s No. 060901 and 060902 to provide the zoning structures necessary to make this a master plan a reality. Thank you for the opportunity to speak before this Council.

Council President Verna

Thank you, sir. Please identify yourself for the record.

Mr. Smythe

Hi. My name is Doug Smythe. I'm here today as a Philadelphia homeowner, investor, and School District employee. I first decided to invest in Brewerytown in September of this year. 210 2/7/07 RULES - BILLS 060902, 903 I was looking at a three-story fixer-upper on Poplar Street. The sole reason I initially considered investing in this particular area was John Westrum and his master plan to develop Brewerytown. What prevented me from investing in that specific Brewerytown location was the yet-to-be-finalized Bills 060901 and 060902, the very bills that I'm here today to support. As a perspective investor and homeowner, I am here to pledge my support of the master plan and transformation of the vacant properties and abandoned buildings into a thriving neighborhood that complements and connects to the larger Philadelphia community. When I saw the tremendous potential of the neighborhood and the Girard Avenue commercial corridor, I decided I wanted to be a part of the revitalization. So I purchased a home in 211 2/7/07 RULES - BILLS 060902, 903 Brewerytown. I live at Brewerytown Court. I believe in the concept of a mixed-income neighborhood where housing opportunities are available for Philadelphians of varying income. My purchasing of a home in Brewerytown is confirmation of my commitment to this cause. Due to Brewerytown's proximity to Center City employment, recreation, entertainment and cultural centers and affordable, an unparalleled option for new construction near Center City has been created. If the master plan for Brewerytown is denied, other investors, including myself, will look elsewhere to invest. This would be a travesty to the community of Brewerytown and a wonderful opportunity would be lost for the Philadelphia community as a whole. As an educator, my whole life's work has been focused on improving the lives of inner-city children in this beautiful City of Philadelphia. I've 212 2/7/07 RULES - BILLS 060902, 903 run programs for foster children and students in need of more academic social and emotional support. I have taught special education for nearly five years, and I am currently principal intern at Ben Franklin High School. The last thing I would do as an educator would be to support a business in the Philadelphia area whose interest would be detrimental in any way to the people of our community, especially our children. John Westrum has agreed to adopt Ben Franklin High School. The Westrum company will provide supports in a plethora of ways to assist Ben Franklin in meeting the many needs of our students. Ben Franklin is the only comprehensive high school in the Center City region that is not a magnet school. Ben Franklin has made considerable gains over the past couple years under Chris Johnson's spectacular leadership. John Westrum also saw the potential in this 213 2/7/07 RULES - BILLS 060902, 903 up-and-coming school. The inception of this partnership took form while I was in conversation with a Westrum representative named Francina. I began explaining how a large portion of our students reside in and around the Brewerytown section of Philadelphia. I also told this representative the adversity so many of our young students face every day in their lives. " No. " I believe this concern and care you could find in all of John Westrum's employees. When the dialogue transpired on that day, a beautiful partnership began to form. John Westrum is the epitome of what a business-owner in this country should be. Our school district needs 214 2/7/07 RULES - BILLS 060902, 903 commercial businesses to come to our city; business taxes give the district tremendous fiscal support in educating and improving the lives of Philadelphia's children. Passing Bill No. 060901 and 060902 will help assure a better future for all of Philadelphia but particularly our children. On your a.

Mr. Estes

Good afternoon. My name is Dave Estes, and I'm here in support of Bill No.'s 060901 and 060902. One of the reasons my wife and I chose to purchase a home in Brewerytown Square is the potential for repeating the experiences that we had in 2004 and 2005 while living in Harlem in New York City. During our two years in Harlem, we witnessed the redevelopment of vacant lots and the rehabilitation of abandoned buildings. As a result of these tangible and visible changes, much needed growth and revitalization took 215 2/7/07 RULES - BILLS 060902, 903 place. Our neighborhood went from depressed streets with very little signs of life to a community full of people from all walks of life and ethnic backgrounds living together and restoring the economic vitality of the area. Long-term residents reaped the benefits from the addition of new businesses and amenities as well as increased property values. In time, they welcomed their new neighbors and cultivated a unique and beautiful community together. As my wife and I look at the streets, vacant lots, and abandoned buildings surrounding Brewerytown Square, we see only opportunity -- opportunity for existing residents and those to come to work together to build this area into a community that celebrates its history and embraces its legacy. 216 2/7/07 RULES - BILLS 060902, 903 The City of Philadelphia needs healthy neighborhoods. It has been said that a rising tide will lift all boats. We believe strongly that continuing the development of the Brewerytown Master Plan will lift the neighborhood and bring peace and prosperity to the area. Thank you. (Applause.)

Council President Verna

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

Council President Verna

Gentlemen, thank you. Our next witnesses, please? (Witness comes forward.)

Ms. Tamaki

Good afternoon.

Council President Verna

Good afternoon.

Ms. Tamaki

My name is Teruko Tamaki. I'm a resident of Brewerytown, and my address is 3131 West Thompson 217 2/7/07 RULES - BILLS 060902, 903 Street, Philadelphia, PA. I would like to offer the following testimony on Bill 4 No. 060901 and 060902. My husband and I decided to move to Brewerytown because of the tremendous potential we saw in the neighborhoods and the Girard Avenue commercial strip. We wanted to be a part of its revitalization. Today, we shop and dine on Girard Avenue and especially enjoy the fine restaurants such as and (indiscernible) Express and (indiscernible) Seafood. I'm committed to the City of Philadelphia and the Brewerytown neighborhood and look forward to seeing the community grow farther into a lively neighborhood. I'm in support of the master plan and transformation of vacant properties and abandoned buildings into a nice neighborhood that complements and connects to the larger community. I'm expecting our first child in May, and we would like to welcome him 218 2/7/07 RULES - BILLS 060902, 903 into a large and warm community where he will be able to make many friends and play safely. We urge City Council to pass Bill No. 060901 and 060902 to provide the zoning structure necessary to make this master plan a reality. Thank you for the opportunity to come.

Council President Verna

Thank you very much. This is our last witness, we hope. (Applause.)

Mr. Westrum

I had this prepared originally to say, "Good morning, Madam Chairperson," but it's now, "Good Afternoon, Madam Chairperson and City Council and members of the Rules Committee."

Council President Verna

Good afternoon.

Mr. Westrum

So thank you for hearing everything. And my name is John 219 2/7/07 RULES - BILLS 060902, 903 Westrum, CEO of Westrum Development Company, and I'm in a residence at 275 South 19th Street, in Philadelphia. I'm here today to extend my support of Bill 6 060901 and 060902. And while we tried to cut things short, the passion that came from all of our residents and the people that are that much in support, we couldn't contain them. We really wanted to try to make things go faster. But I just want to personally look around and say thank you to everybody for staying here and being the way that you are, because this is the future of community activists that are here, and they're not here to stop things in the city; they're here to push things forward to make the city the great place that it can be, so I want to thank everybody for that. In 2001, a little over five years ago, I stood atop the Red Bell Brewery building at 31st and Jefferson 220 2/7/07 RULES - BILLS 060902, 903 Street, which was being sold at a bankruptcy sale. I looked out at the horizon and saw a vastly underutilized areas of abandoned industrial buildings and a level of a disinvestment in the area. At the same time, I saw the proximity of Center City and to one side, the recreation and beauty of Fairmount Park to the other side. Adjoining the blighted former industrial area was a solid neighborhood that was in dire need of market-rate investment. I envisioned a vibrant community of market-rate housing, community retail, and the current and future of Philadelphians being created from vacant, abandoned, underutilized industrial buildings, and all of those properties lie between 31st and 32nd Streets, in between Girard and Oxford in Brewerytown. This location would offer home buyers unparalleled access to make 221 2/7/07 RULES - BILLS 060902, 903 transportation, shopping, dining, and commerce cultural and recreational opportunities that the City has to offer as well as a connection with a neighborhood that was proud in tradition of hard work and community concern. At the same time as that was occurring, I listened to the Mayor's vision of neighborhood transformation and said, This was the place. This was a place. And where this vision could come to life. " A famous quote states that nothing is as strong as an idea whose time has come. Well, to me it is clear that the idea of neighborhood transformation time has truly come, and the location with the ideal spot for this transformation to occur would be Brewerytown, Philadelphia, PA. This also came at a time when smart growth practices were being 222 2/7/07 RULES - BILLS 060902, 903 debated. And for the previous years, our company had focused on developing greenfield farmland. It was at this time, in 2001, that our company decided to do what was pleaded of us -- to go to the cities and the boroughs and to take back abandoned, blighted areas and bring them back into positive housing neighborhoods where people could live and love to live. With the assistance of the Administration and Councilman Clarke, we started construction on the first phase of our plan, Brewerytown Square, which consists of 144 townhomes in 2004, and we introduced that to the public in 2005. Our vision proved to be accurate, as over 50 potential buyers weathered the night storms, camping out and waiting in line all night to purchase one of the initial market-rate homes. Since then we have built and sold nearly 75 of the first phase, and 223 2/7/07 RULES - BILLS 060902, 903 we have more than 80 new home owners/families living in the community since our grand opening in 2005. We are pleased to report -- and you saw it here today -- that the homeowner population is a wonderfully diverse mix in nearly every demographic category -- ethnic, economic, occupation, age, et cetera, but they all share the same vision of a revitalized Brewerytown and the advantage of city living.

Mr. Westrum

And this, I think, is very important to say is that the concept of affordable housing. It's important to add that over 90 percent of our purchasers to date fit within the eligible household income definition of affordable/workforce housing, as proposed by Councilman Clarke in Bill 22 060732. Our goal of a community of diversity has truly been met. During the construction of the first phase of the Brewerytown Square 224 2/7/07 RULES - BILLS 060902, 903 site, we worked with the community and had over 50 meetings. We worked with the community in hiring practices, with job training for the community of minority workers. We created a community newsletter, assisted the CDC in their computer lab, and generally worked to preserve the integrity of the community. Over the past two years, we have embarked on our mission to create a master plan to continue the original vision to transform the rest of the properties we control in this portion of Brewerytown. The process included countless meetings and work sessions with local and other stakeholders to produce a plan that is being presented here today. Our plan, which entails building of 595 townhomes and condominium units with approximately 50,000 square feet of community retail space, including the renovation of 225 2/7/07 RULES - BILLS 060902, 903 existing buildings, offers a mix of housing type that has met with support of the Brewerytown CDC, Brewerytown's Sharwood Community Civic Association, the Girard Coalition, the Girard Coalition, the West Girard Business Association, various City agencies, including the Planning Commission, NTI, OHCD, as well as being recognized by the Delaware Valley Smart Growth Alliance. And I look at that Delaware Valley Smart Growth Alliance Recipient award as a praise for what we're doing in the City of Philadelphia. While we have garnered significant community support for our plan, we also recognize that we have a serious obligation to support the community and its residents. We have formed strategic partnerships with the Brewerytown CDC to provide financial support by purchasing work stations for its newly-open 25 technology computer center. 226 2/7/07 RULES - BILLS 060902, 903 We began a community newsletter. We sponsored community festivals and programs. And we formed, and will continue to support, the Homeowner Institute, just to name a few. Additionally, we have partnered with Gentis Group to provide 9 affordable housing units, both 10 renovation and new construction, on 11 vacant and abandoned lots in the city -- 12 in the neighborhood. This is over and 13 above the 61 affordable units recently 14 built by Penrose Properties, another 15 concerned and dedicated corporate 16 citizen who moved their offices from Two 17 Liberty Place to Brewerytown in response 18 to what they felt was their core 19 competency. 20 Today, we stand here together as stakeholders. It is much easier for people to come out who would oppose something, and I think that it's a testament to every one of the residents of Brewerytown Square as well as 227 2/7/07 RULES - BILLS 060902, 903 stakeholders who feel that positive for what they want to see done for them to take a day off from work -- not to oppose something, but to come out and support that. It's very rare that you can find that. It's very easy to have people come out in opposition; it's very hard to get people to come out and support. So, again, I mean, by a show of hands and a show of signs, I mean, you can see what people are saying: We support the Brewerytown Master Plan. )

Mr. Westrum

So in conclusion, we ask City Council and the Rules Committee to share our vision for the master plan, to share our vision for neighborhood transformation, to bring the original vision into reality with the passage of these bills. Thank you very much for your consideration.

Council President Verna

Thank 228 2/7/07 RULES - BILLS 060902, 903 you. (Applause.)

Mr. Primavera

I'm going to pass up for the record additional petitions and letters. Thank you.

Council President Verna

Are there any other witnesses that would like to be heard? (Witness comes forward.)

Ms. Bracy

My name is Linda Bracy, and when I came here today, I didn't come with the intention of speaking; I came because I wanted to hear what was going on. And I heard a lot of people speak about a lot of passion coming because they approve it. You're getting ready to hear passion now coming from somebody who opposes it. I'm a homeowner and a resident. And I'm not a homeowner that got a house last year. I'm proud of all you guys who bought your house last year. I have a home that I have taken 229 2/7/07 RULES - BILLS 060902, 903 care of for years. My house was there when Acme backed into it and tore it up. My father had that house then. When that house got torn up at 1339 and 1337 North 30th Street, my family had to get all of our money to repair the things that the City said were now our responsibility 'cause we owned that home. When the water main got torn up under the street, we had to repair all of those things, so over those years, we have worked every day. (Applause.)

Ms. Bracy

I have seven 16 children; they work every day. I work 17 every day, my husband work every day. 18 We have a daughter we're sending to 19 college because Brewerytown needs a 20 lawyer to help them do some of the things, so we're spending our money doing everything we can. And I oppose it because it's like we don't matter. I live there. I have taken care of my home. I didn't 230 2/7/07 RULES - BILLS 060902, 903 get a beautiful house and I come and do whatever. Hey, when the roof fell in, I had to get my money to get a new roof. Hey, when the electricity don't work, we have to buckle down and get our money together. We love that house we've taken care of that house. And so to know that my father, who is 80 years old now, would not have been able to afford to keep his house -- if these prices go up, he can't afford to keep it because he's 80 years old. So you know what? I bought my family's house, my family's house. So this is not just Brewerytown Square or some houses over there; this was my family's house. And this is why I oppose it. My sons built me two flowerpots on either side of the house. When Penrose built their apartment, they cement came down and killed every flower I had. Nobody ever came over and said, "Ma'am, I'm sorry." 231 2/7/07 RULES - BILLS 060902, 903 The mornings that my husband and I were waking up at and o'clock 4 in the morning because of the 5 construction company, nobody never said, "Ma'am, I'm sorry." The nights we came home and had to park our car two blocks away to walk to our house that we paid for, nobody said, "Ma'am, I'm sorry." Matter of fact, some of the construction men, when I asked them, "Would you please not sit on our steps, would you please not throw your trash in the street here because we clean it up. Oh, excuse me, excuse me. You own some property? Yes, I do. Yes, I do." And these are things that I think -- you know, this is what Westrum didn't hear. Everybody who told you they talked to everybody? I'll tell you what. I look in the door of the CDC every day when I come out, going to work. Nobody has ever said anything. The papers that they told you that they 232 2/7/07 RULES - BILLS 060902, 903 put in the doors, no papers have ever been in my door. (Applause.)

Ms. Bracy

I got two doors, and no papers have ever been in my door. No papers have ever -- and they said, Well, you know, the community can use our computers. My children had computers before you even built that. So the things that they are doing, I mean, they're not doing things that are actually taking care of me; they're doing what's benefitting them. Mr. Clarke, when you was traveling around through my community, I sent my daughter out to talk to you. Hey, you didn't talk to us. But you know what? Let me tell you, I have seven grown children, and I make sure they vote. I make sure that they vote. (Applause.)

Council President Verna

Thank you very much. 233 2/7/07 RULES - BILLS 060902, 903 Is there anyone else that would like to testify? (No response.)

Council President Verna

Seeing no one, this will conclude our public hearing. * * *

Council President Verna

We will now go into our public meeting. The Chair recognizes Councilman Clarke regarding Bill No. 060901.

Councilman Clarke

Thank you, Madam President. Madam President, I move that Bill 060901 be reported out of committee with a favorable recommendation. MR. McPHERSON: Councilman?

Councilman Clarke

Yes? MR. McPHERSON: There was an amendment that was offered. (Committee members confer among themselves off the record.)

Councilman Clarke

Thank you, Madam President. 234 2/7/07 RULES - BILLS 060902, 903 Madam President, before -- I probably should have done this in the public hearing. Before we proceed, I just want to say a couple of things. This particular proposal has been a sensitive proposal from day one, and having been born and raised in North Philadelphia all of my life, I have a clear sense of some of the concerns about these types of proposals, some of the characteristics associated with these types of proposals, be it perceived or real. This started a couple years ago, and we have had extensive meetings. Was I at every single meeting? No. Was I at a lot of meetings? Yes. Did I get feedback from most of the meetings? Yes. I understand this is -- this is new to this community, but we made a commitment and I made a commitment early on in the process when, frankly 235 2/7/07 RULES - BILLS 060902, 903 speaking, I wasn't supportive of this proposal, but we had a number of discussions with a number of people, and people had made commitments particularly to the residents, the long-term residents of that neighborhood, 'cause at the end of the day, yes, those are the people that have been extremely supportive of me politically, and I understand that. But the reality is that things change -- all the time, everywhere. And in order to deal with change in the appropriate way, you must have the appropriate solicitation and input from everybody. And I don't think there's a single person in here who's asked to speak to me that I have not spoken to. We may not agree, but I have spoken to them. I have spoken to a couple people who testified today as recent as week, very extensively. We may not agree on everything, 236 2/7/07 RULES - BILLS 060902, 903 but the one thing that I'm committing to is to making sure that this community prospers in a way that will not be detrimental -- and I say that with emphasis -- that will not be detrimental to the current residents and the new residents, right? 'Cause this is a city of neighborhood, and I want to make sure that this neighborhood is one of the best neighborhood in the City of Philadelphia, not simply by virtue of the new development, but by virtue of the fact that it should be, period, all right? There are a number of challenges in that neighborhood that people have spoken about. Regardless as to whether or not this development was going to be built, we have a crime issue in that particular neighborhood, and it should be dealt with in spite of whether or not these new houses are built. We have an issue with respects to the lack of unemployment and 237 2/7/07 RULES - BILLS 060902, 903 educational needs in that community that should be dealt with, in spite of whether or not this particular development is built. Now, I believe this particular development can enhance this community right? But what I don't want to have happen if -- assuming that this proceeds, is that we create this division, and I'm a little concerned about what could possibly happen, this division between the old and the new residents. Now, I know, by and large, that's not nearly the case because I have been involved in this process, and a substantial amount of people in that community are in support of this development, but I don't want to give the impression -- a lot of my colleagues here are not as intimately aware -- Councilman Greenlee is because he's a resident of that community and is intimately aware of what's actually 238 2/7/07 RULES - BILLS 060902, 903 going on in that community. But I say that we cannot simply pass this bill and not, one, acknowledge the fact that there are some issues, there are some concerns about taxes of the existing residents going up, and we've made it clear, and we will continue to make it clear, using the representatives from the Board of Revision of Taxes, that this particular development will not impact because it is not comparable to properties as you relate to the assessments.

Councilman Clarke

But if, in fact, it continues to be some concerns, we're going to continue to push ahead and make sure the tax structure that's in this neighborhood has not created a burden on the existing residents or the new residents, right? So as we move ahead, assuming we pass this bill, there has to be continued discussion, continued acknowledgment that there are some 239 2/7/07 RULES - BILLS 060902, 903 concerns with some of the residents, continued participation of all of the residents to make sure at the end of the day -- this is one neighborhood, not the new houses versus the old houses and the new people versus the old people. This is going to be one neighborhood, and we have to continue to have reasonable dialogue as we move ahead, all right? So I just wanted to make that clear, and I know I should have done that in the public meeting. )

Council President Verna

Okay. Again, the Chair recognizes Councilman Clarke.

Councilman Clarke

Thanks. Thank you, Madam Chair. Madam President, I would like to offer an amendment to Bill 060901. It is listed as Map B on the proposed zoning.

Council President Verna

Do I hear a second? 240 2/7/07 RULES - BILLS 060902, 903 (Motion seconded.)

Council President Verna

It has been moved and seconded that the amendment be adopted. All in favor will say aye. Those opposed? The ayes have it and the amendment is adopted. Again, the Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, I move that Bill No. 060901 be reported out of committee with a favorable recommendation as amended. (Motion seconded.)

Council President Verna

It has been moved and seconded that Bill 19 No. 060901 be reported out of committee with a favorable recommendation as amended. All in favor will signify by saying aye. Those opposed? The ayes have it and the motion 241 2/7/07 RULES - BILLS 060902, 903 carries. The Chair again recognizes Councilman Clarke regarding Bill No. 5 060902.

Councilman Clarke

Thank you, Madam President. Madam President, we will be offering two amendments. One amendment addresses the concerns raised by the Planning Commission at an earlier meeting and subsequently at some of the meetings that we've had with the Planning Commission. It basically adopts the recommendations of the Planning Commission into the legislation. There will be a requirement of a conceptual outline of the public benefits proposal. We will be asking the developer, prior to the implementation phase of this ordinance, to outline and submit both to the Planning Commission and the City Council a public benefits initiative that 242 2/7/07 RULES - BILLS 060902, 903 incorporates proposals of dealing with affordable housing, open space, and all of the other things that were mentioned in earlier testimony by the Planning Commission. The second ordinance, as a result of some concerns raised by a number of people -- and I actually agree with them that this particular bill, as earlier proposed, would have designated a classification -- a new classification of zoning that has citywide implications. I don't think that given the process associated with this bill that we should impact all of the Council districts because a number of Council districts have not been involved intimately in the formulation of this bill. So this second amendment will essentially designate site-specific to this particular proposal, and basically the language is an order for an 243 2/7/07 RULES - BILLS 060902, 903 additional Industrial Transformation District to be established. It must be introduced by a councilmember for that particular district.

Council President Verna

Very good. (Motion seconded.)

Council President Verna

It has been moved and seconded that the amendments be adopted. All those in favor will say aye. Those opposed? The ayes have it and the motion carries. Again, the Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam Chair. Madam Chair, I move that Bill 22 No. 060902, as amended, be approved and a request for -- actually, I don't need a suspension of the rules. (Motion seconded.) 244 2/7/07 RULES - BILLS 060902, 903

Council President Verna

It has been moved and seconded that Bill 4 No. 060902 be reported out of committee with a favorable recommendation as amended. All those in favor will say aye. Those opposed? The ayes have it and the motion carries. Again, the Chair recognizes Councilman Clarke --

Councilman Clarke

Thank you, Madam President.

Council President Verna

-- regarding Bill No. 060902.

Councilman Clarke

Thank you, Madam President. I move that Bill 060 --

Council President Verna

0928.

Councilman Clarke

-- 928 be reported out of committee with a favorable recommendation and a request for rules suspension so as to allow 245 2/7/07 RULES - BILLS 060902, 903 reading at the next session of Council. (Motion seconded.)

Councilman O'Neill

Madam President?

Council President Verna

Yes.

Councilman O'Neill

I have to abstain on this and make a statement on the record.

Council President Verna

Yes, yes.

Councilman O'Neill

Yes. I will be abstaining on this bill. The law firm with which I'm associated, Fox Rothschild, represents Children's Hospital in this matter, and I will, therefore, be abstaining. I have also taken no part in any deliberations involving the bill.

Council President Verna

Very good. Thank you. It has been moved and seconded that Bill No. 060928 be reported out of committee with a favorable recommendation and further that the 246 2/7/07 RULES - BILLS 060902, 903 rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will say aye. Those opposed? The ayes have it. The motion carries, and the record will reflect that Councilman O'Neill abstained from the vote. The Chair recognizes Councilman Clarke regarding Bill No. 060962.

Councilman Clarke

Thank you, Madam President. Madam President, I move that Bill 060962 be reported out of committee with a favorable recommendation. MR. McPHERSON: And a suspension of the rules. (Motion seconded.)

Council President Verna

It has been moved and seconded that Bill 23 No. 060962 be reported out of committee with a favorable recommendation. All in favor will say aye. 247 2/7/07 RULES - BILLS 060902, 903 Those opposed? The ayes have it and the motion carries. Again, the Chair recognizes Councilman Clarke regarding Bill No. 7 060963.

Councilman Clarke

Madam President, I move that Bill 060963 be reported out of committee with a favorable recommendation. (Motion seconded.)

Council President Verna

It has been moved and seconded that Bill 15 No. 060963 be reported out of committee with a favorable recommendation. All in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. The Chair recognizes Councilman Clarke regarding Bill No. 060964.

Councilman Clarke

Madam President, I move that Bill 060964 be 248 2/7/07 RULES - BILLS 060902, 903 reported out of committee with a favorable --

Council President Verna

I think we have an amendment on that.

Councilman Clarke

Do you have the amendment? This is for the street? Thank you. Thank you, Madam President, for bringing that to my attention. Madam President, I move for the adoption of the amendment to Bill No. 13 060964 (Motion seconded.)

Council President Verna

It has been moved and seconded that the amendment be adopted. All in favor will say aye. Those opposed? The ayes have it and the motion carries. Again, the Chair recognizes Councilman Clarke.

Councilman Clarke

Madam President, I move that Bill 060964 be 249 2/7/07 RULES - BILLS 060902, 903 reported out of committee as amended with a favorable recommendation. (Motion seconded.)

Council President Verna

It has been moved and seconded that Bill 7 No. 060964 be reported out of committee with a favorable recommendation as amended. All those in favor will signify by saying aye. Those opposed? The ayes have it, and the motion carries. The Chair recognizes Councilman Clarke regarding Bill No. 060965.

Councilman Clarke

Madam President, I move that Bill 060965 be reported out of committee with a favorable recommendation. (Motion seconded.)

Council President Verna

It has been moved and properly seconded that Bill No. 060965 be reported out of committee with a favorable 250 2/7/07 RULES - BILLS 060902, 903 recommendation. All those in favor will signify by saying aye. Those opposed? The ayes have it and the motion carries. And this concludes our public meeting. Thank you very much. (Applause.) * * * 251 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 Rules are contained fully and accurately in the stenographic notes taken by me on Wednesday, February 7, 2007, 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.)