- - - COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING - COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Thursday, May 19, 2005, 2:46 p.m. - - - BILL 050215 - An Ordinance approving the second amendment of the redevelopment proposal for the 44th and Aspen Urban Renewal Area, being the area generally bounded by Lancaster Avenue, Belmont Avenue, Pennsgrove Street, Forty-second Street, Haverford Avenue, Forty-fourth Street, Fairmount Avenue and Forty-seventh Street, including the second amendment to the urban renewal plan and the relocation plan, which provides, inter alia, for the additional land acquisition of approximately six (6) properties for residential and related uses; the provision of certain relocation services, as required by law; and declaring that condemnation is not imminent with respect to the Project. BILL 050216 - An Ordinance enacting a new Section 20 14-310 of The Philadelphia Code, entitled "Predatory Superstores," and amending Section 14-102 entitled - - - V A R A L L O Incorporated Litigation Support Services 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2 "Definitions," Section 14-1802 entitled "Criteria for Granting Zoning Variances" and Section 14-1704 entitled "Enforcement," to prohibit the development and construction of Predatory Superstores, and the reconstruction, modification or alternation of existing structures to become Predatory Superstores; and further to prohibit zoning variances which would endanger the economic health and vitality of the surrounding community; providing penalties for non-compliance and granting remedies to aggrieved persons; all under certain terms and conditions. BILL 050229 - An Ordinance approving the twelfth amendment of the redevelopment proposal for the Mantua Urban Renewal Area, being the area beginning at the intersection of Fortieth Street and Spring Garden Street, including the ninth amendment to the urban renewal plan and the relocation plan, as amended, which provides, inter alia, for the additional land acquisition of approximately forty-three (43) properties for residential and related uses; the provision of certain relocation services, as required by law and declaring that condemnation is not imminent with respect to the Project. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILMAN DAVID COHEN COUNCILMAN BRIAN J. O'NEILL COUNCILWOMAN JANNIE L. BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JACK KELLY 3 PRESENT (Continued): COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILMAN MICHAEL A. NUTTER COUNCILMAN JUAN F. RAMOS COUNCILWOMAN BLONDELL REYNOLDS-BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO 4 Rules - 5/19/05 - - - P R O C E E D I N G S - - -
Since we have so many witnesses, we are going to recess the Committee of the Whole and go into the public hearing of the Committee on Rules regarding Bill Number 050216. I would ask Mr. McPherson to please read the title of the bill. MR. McPHERSON: Bill 050216, an ordinance enacting a new Section 14-310 of The Philadelphia Code entitled predatory superstores and amending Section 14-102 entitled definition Section 14-1802, entitled criteria for granting zoning variances, and Section 14-1704 entitled enforcement.
Will you please identify yourself for the record and proceed with your testimony.
Excuse me, sir. The noise level is much too high. We can't hear the witness.
My name is Wendell Young, IV. I'm with United Food and Commercial Workers, Local 1776, here in eastern Pennsylvania. With me today is Herman Wooden, Secretary-Treasurer of the local and a lot of our members, as you can see. Madam President, I want to thank you and the committee for the opportunity to speak on Bill 050216. If I can for just a moment, a personal note, it is good to see Councilwoman Krajewski back and appearing well. And having grown up in Northeast Philadelphia, I'm particularly thrilled. 050216 is an important bill not only to our members, but to Philadelphia. And we came here today prepared to talk about it in detail. We think it's an important bill 24 because we believe that there should be growth in the City of Philadelphia. There 6 Rules - 5/19/05 should be smart economic growth. We want a bill like this one or this particular bill because we see -- we think there's an opportunity that not only can Philadelphia succeed as it grows, but those retailers like Acme, Superfresh, Shoprite, Pathmark and others, who have been here in some cases for over 100 years, should have the opportunity to grow with development and not be put out of business because of development. (Applause.)
We do not believe this bill stops any development. We do not believe it restricts sites from being built as big as those folks who want to build them are able to. What it does, though, is provide an opportunity for existing companies to grow with the city and the city's growth. For that reason, there are a lot of different constituent groups who have some different opinions. We would like to bring a bill back that is improved. 7 Rules - 5/19/05 We would like the opportunity -- We would like to ask, respectfully ask that the Council hold the bill for the time being so that we can continue discussions that we've already begun with the building trades, with others, with members of Council who have expressed an interest in this bill and the principals in it. And we thank those people for their help. But we think that we... you know, that we would best serve this Council and the city and the intent of the bill if we spend a little more time at it. And for that reason, as I said, we respectfully request that you hold it for the time being.
Thank you. The Chair recognizes Councilman Cohen.
Thank you, Madam President. Prior to Mr. Young's announcement, I met with him. I know how hard the union has been working to unify rather than to divide. 8 Rules - 5/19/05 They don't want members of the Council to be put in between building trades and other groups, because they see in this bill the opportunity to really advance business development in a healthy way, by having it grow rather than having it cause concerns. Therefore, I very much support Mr. Young's notion of giving the union more time to work out with all other groups and to come back here, hopefully, with a bill that represents everybody's best interests. (Applause and cheers.)
And therefore, I urge that this matter be held for another day. And in the fall we'll be able to benefit from the union's study, and conversations with all other involved groups. So I move, Madam Chair, that we take no action further today on this bill and agree with the recommendation given to us by this great union and its great union leader.
Thank you. (Applause and cheers.) 9 Rules - 5/19/05
Yes. I'd like to join in and make sure this is a bipartisan motion, that all we want not in this -- just in this room but I think in this city, is to make sure our supermarkets stay and thrive. And anything we can do to work -- (Applause and cheers.).
-- to work with all interested parties would be in our benefit. Thank you.
Thank you. And I do have a list of witnesses who had expressed a desire to testify on this bill. Since it is being held, and it will probably be recalled sometime in September, I would hope that everybody would agree who called to testify today will wait until the bill comes up again. Does anybody have any objection to that who's on the this list? (No response.)
Seeing 10 Rules - 5/19/05 none, we will hold Bill Number 050216. Thank you all very much. (Applause and cheers.)
I'm asking Mr. McPherson to please read Bill Number 050215. MR. McPHERSON: 050215. An ordinance approving...
We are still trying to have a public hearing. MR. McPHERSON: Bill Number 050215, an Ordinance approving the second amendment of the redevelopment proposal for the 44th and Aspen Urban Renewal Area, being the area generally bounded by Lancaster Avenue, Belmont Avenue, Pennsgrove Street, Forty-second Street, Haverford Avenue, Forty-fourth Street, Fairmount Avenue and Forty-seventh Street.
All right. Who do we have to testify on Bill 24 Number 050215? Mr. Wetzel. 11 Rules - 5/19/05 Good afternoon.
I believe the last time this bill was listed there... Anyone having private conversations, please do so in the corridor. There was some question about this bill. And at that time you were going to be working with Councilwoman Blackwell and the interested parties. Has that been done?
And in addition, the request was that the developer, in this case P.H.A., was requested to come and add testimony, to the extent of what the project is.
All right. May we here hear from P.H.A., please. 12 Rules - 5/19/05
Good afternoon, Madam President. For the record my name is Vincent Morris, representing the P.H.A. Today we're here to request approval of ordinance 050215. That will give us the chance to complete 80 rental units and 9 home ownership units in the Mill Creek area 10 known as Lucien E. Blackwell. 11 There are four vacant properties 12 that we need the R.D.A. to convey to us so 13 that we can complete the 80 unit rental 14 development. Two of the properties will be 15 used for the 80 rental portion, and the other 16 two will be used for the 25 home ownership 17 units. 18 The total cost of construction in 19 this area is up over $21 million. 20 Today we ask for favorable 21 consideration, as we have actually passed a 22 couple deadlocked H.U.D. requirements. We 23 are concerned that there is the possibility 24 of losing some tax credit equity. 25
So in 13 Rules - 5/19/05 essence I think you're asking for a suspension of the rules.
And Councilwoman Blackwell, the last time this bill was listed, I think there were some area residents that had concerns. Were these concerns all worked out?
Certainly. And we would like to ask Mr. Wetzel if he would place on the record that testimony and the fact that the Redevelopment Authority will not be trying to acquire those properties.
That is the next bill, Councilwoman. This bill is all vacant lots. It's the next bill that the individuals came in on.
On this bill it was... the request was to have P.H.A. come in and define the project.
Thank you. 14 Rules - 5/19/05 Is there anyone to testify on this bill? (No response.)
Seeing none, I would ask Mr. McPherson to please read the title of Bill Number 050229. MR. McPHERSON: Bill Number 050229, an Ordinance approving the twelfth amendment of the redevelopment proposal for the Mantua Urban Renewal Area, being the area beginning at the intersection of Fortieth Street and Spring Garden Street, including the ninth amendment to the urban renewal plan and the relocation plan.
Yes. We in Councilwoman Blackwell's office have worked out -- Although there are properties, these properties will remain in the ordinance as required. We've agreed on a list of properties that the Councilperson sent to us. Those properties are on Aspen Street. They will 15 Rules - 5/19/05 remain in the ordinance, but we have agreed not to acquire those specific addresses as identified in a letter from Councilwoman Blackwell to myself, and we have -- we are affirming that on the record now.
Thank you. Are there any witnesses to testify on Bill Number 050229? Please approach the witness table. Mr. Wetzel, I don't know if you asked, but is there a request for a suspension?
Yes. That was made in my original testimony. And I would repeat that again today, Council President.
Thank you. Please approach the witness table, identify yourself for the record and proceed with your testimony.
Good afternoon, Council. My name is Richard Drane from the Mantua section of the city, representing the community organization. And we're here to let everyone know 16 Rules - 5/19/05 that the Union Hill Home Development would be a great idea in our community because it's been hit by blight for over the past 30 years, I'll say. And through homeowner developers and Councilwoman Jannie Blackwell's office, in conjunction with the H.U.D. coalition, AMASCO, we have partnered with homeowner developers to come up with a community-based organization and a for-profit organization to revitalize our poverty stricken and blighted community. And we know that the Union Hill Homes would be a major plus for our community. We have the support of our community on the basis of maybe over 100 percent. The Union Hill Homes would be a plus because it would bring employment to the area. It would help us in a lot of areas to employ a lot of people who would possibly be caught up in the legal system. And it would help us to get the drugs out of our community. It would help 17 Rules - 5/19/05 our schools. It would help our seniors feel much safer, knowing that they are in a more secured environment, as opposed to the one that we now live in. And this partnership with Union Hill Developers is a unique idea to partner with the community to bring the community into a partnership that is, like, unique. Because a lot of times when developers come into communities, they don't necessarily have the goodness of heart of the community. So, this time we get to chance to play a major role in what is happening in our community, to watch it come where it is now, to where it is trying to go. And where it's trying to go now is to be one of those real productive communities, one of those communities, as we see a lot of development going on in the city. We need the newer homes. We need to be in the races for these, for the newer homes, because without it, all we sitting 18 Rules - 5/19/05 around with is a bunch of empty lots and old abandoned buildings that are being used for vice and crime and corruption and devastation. And I need to say this to Council. The Mantua section of the city is a very small section of the city, but yet we have one of the highest crime rates per capita, you know, throughout the city. And a lot of that has to do with the blight, the rundownness. Yes, ma'am.
Sorry. I don't mean to cut you short, but I think you're saying that you are in favor of this.
I'm absolutely in favor of it, 100 percent, Council President.
Thank you very much. We appreciate it. Thanks for coming in.
My name is Steve Hawkins. I'm the President of Union Home Developers, a non-profit, that's partnering with Home Ownership Developer. And we wholeheartedly support the building of 50 homes in the Ashton Street area of Mantua. It has been a very successful partnership which they have let the community in. And we have grown to develop more, in hopes of partnering with other developers to revitalize our area. Thank you.
Okay. Mary and Eugene Armstead. Armstead, A-r-m-s-t-e-a-d. Okay. We were former owners of 711 North 40th Street. We had been in the property -- We had actually raised our three children there. There was three -- It was three apartments. We converted that to one family dwelling. 20 Rules - 5/19/05 We were working on the property until my husband took sick. Then we went back. And we found out that the property was destroyed. We are in favor of them developing, but we've been hit with a $50,000 fine for them tearing down the property which we were never notified. So, what we are asking is, because we were holding this property to increase our income as seniors and to fall back on... The property is now gone. We are stuck with the $50,000 as well as the back taxes. So we're asking for some type of compensation, where they will either wipe this clear, and pay the back taxes, and maybe give us something where our work wouldn't be in vain. Do you understand what I'm saying?
Thank you. The Chair recognizes Councilwoman Blackwell.
Thank you. This demolition of the property in question was not part of the NTI but it was 21 Rules - 5/19/05 an L & I demo lien for a blighted property. And it is under repair. We certainly support the homeowners' right to appeal. And otherwise, all the other NTI issues... As I said, this was a separate L & I demo for a blighted property. All the others have been exempted. This is the one that was in a whole separate area. And we certainly thank her for coming and support her right to appeal the process. And she's doing that now.
Great. Okay. Thank you very much. Do we have anyone else to testify on this bill? (No response.) Seeing none, this will conclude the public hearing of the Committee on Rules. (Recess at 3:10 to 3:11 p.m.)
Excuse me. We're going back to the Committee on Rules so that we can report the bills out. We'll do the best we can. 22 Rules - 5/19/05 Bill 050215 will be reported out of the Rules Committee with a suspension of the rules. And all in favor will say aye. (Chorus of "ayes.")
There being none... Bill 050229, could I have a motion to move that out of committee?
Madam Chair, we move that bill be reported out of committee with a favorable recommendation and recommendation for suspension of the rules. UNIDENTIFIED COUNCIL PERSON: Second.
It has been moved and seconded that Bill 050229 be reported out of committee with a favorable recommendation and a request for the suspension of the rules. All in favor will say aye. 23 Rules - 5/19/05 (Chorus of "ayes.")
There being none, the motion is carried. The Rules Committee is adjourned.
Point of order for the Rules Committee. Even though these are Councilwoman Blackwell's rules, she's not a member of the Rules Committee. So, as a member of the Rules Committee, I'd like to make those motions formally on all three bills -- two bills, to suspend the rules and have them out of committee. If I can get a second from another member of the Rules Committee. UNIDENTIFIED COUNCIL PERSON: Second.
I just wanted to make sure the record was clear that it was the Rules Committee. Thank you.
Thank you. 24 Rules - 5/19/05 All in favor? (Chorus of "ayes.")
All right. Bill 050216 will be held. (Public hearing concluded at 3:17 p.m.) 25 CERTIFICATE I HEREBY CERTIFY that the proceedings and evidence are contained fully and accurately in the stenographic notes taken by me upon the public hearing of The Philadelphia City Council, taken on May 19, 2005, and that this is a true and correct transcript of same. _____________________________ DAVID A. DEIK, RPR and Commissioner of Deeds (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.)