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Minutes

Committee Hearing, December 6, 2004

Philadelphia City Council Committee HearingsDec 6, 2004

People mentioned

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

  • Brian O'Neill

COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC HEARING - COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Monday, December 6, 2004, 10:35 a.m. - - - BILL 040972 - An Ordinance amending Title of The Philadelphia Code, relating to "Zoning and 7 Planning," by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new Section 14-1629, 8 entitled "Yorktown Special District Controls"; all under certain terms and conditions. 9 BILL 040780 - An Ordinance to amend the 10 Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located 11 within an area bounded by the Frankford Creek, Aramingo Avenue, Wheatsheaf Lane, Sepviva Street, 12 Butler Street, Frankford Avenue, Valetta Street, Coral Street, Vici Street and Frankford Avenue. 13 BILL 040937 - An Ordinance to amend the 14 Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Delaware Avenue, Penn Street, Ellen Street (extended), the Delaware River and Spring Garden Street (extended). PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL - - - 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 040972, 040780, 040937, Rules, 12/6/04 - - - P R O C E E D I N G S - - -

Council President Verna

Good morning, everyone. Sorry for the delay. This is the Committee on Rules public hearing. To my left is Councilwoman Brown. To my extreme right is Councilwoman Miller, Councilman O'Neill and Councilman Clarke. I would ask Mr. McPherson to please read the title of Bill Number 040972. MR. McPHERSON: An Ordinance 15 amending Title 14 of The Philadelphia Code, relating to "Zoning and Planning," by amending Chapter 14-1600, entitled "Miscellaneous," by adding a new Section 19 14-1629, entitled "Yorktown Special District Controls"; all under certain terms and conditions.

Council President Verna

Thank you. Do we have someone from City Planning here?

Mr. Kramer

I'm not here to testify 3 040972, 040780, 040937, Rules, 12/6/04 with regard to that Bill, Madam President. I was not advised.

Council President Verna

I'm sorry. You're going to have to approach the witness table.

Mr. Kramer

Good morning, Madam President. My name is William Kramer. I'm the Senior Zoning Planner for the City of Philadelphia Planning Commission. We have not -- We were not advised that this bill had a hearing today, and subsequently we do not have any testimony with regard to this Bill.

Council President Verna

All right. If you'll just stay at the witness table, if you will.

Mr. Kramer

Certainly.

Council President Verna

Councilman Clarke, is there a statement you'd like to make, since it's your Bill?

Councilman Clarke

Thank you, Madam President. Good morning. Madam President, briefly, I would 4 040972, 040780, 040937, Rules, 12/6/04 just like to give an opening statement. First I would like to thank the members from the Yorktown community that worked on this Bill who, actually, to a large degree crafted the Bill and forwarded it to our office for support. They've been working for some time dealing with the problem that has existed, not only in the Yorktown community but around the perimeter of Temple University. We will be addressing that later on in the hearing, offering a couple of amendments to incorporate a couple of additional areas. Essentially, this problem has arisen as a result of an aggressive marketing strategy on behalf of Temple University, in bringing additional students. And their ability to house their students on campus has not been realized by the number of units they have on campus. So, we have this phenomenon where people in surrounding communities are selling their homes or converting their homes into 5 040972, 040780, 040937, Rules, 12/6/04 multi-family units to accommodate student housing. We think that is a real problem, as the residents in the surrounding community. And it's created a change in the fabric of that neighborhood, and we would like to stem that tide. So, we offer this Bill today in the hopes that we can get the support of the Committee.

Council President Verna

Okay. Do we have any witnesses to testify on this Bill? Would you please approach the witness table? You know, while you're there, let me ask a question. Why does it take so long for City Planning to render a recommendation on bills that are introduced in Council?

Mr. Kramer

Primarily because most bills are not considered by the Planning Commission itself until a hearing has been scheduled. The Planning Commission itself meets once a month, so subsequently, there are gaps 6 040972, 040780, 040937, Rules, 12/6/04 wherein the hearing date scheduled here does not coincide with what the Planning Commission's dates are. Additionally, we don't generally take items to the Commission until they are closer to a hearing date because the history has told us many of the bills are amended between the time they are introduced and the time they are considered. And to allow for that, those amendments to go through so that we understand and are talking the same Bill, essentially, we do hold onto them. That's not coming from myself, but rather is a policy that has been with the Commission for many years, at least the number of years that I've been with them.

Council President Verna

Well, I would think that when a Bill is introduced, it would be given attention, so that when it comes up for a public hearing we're not told that they're going to meet on such and such a date to give consideration to the Bill. Why wouldn't it be considered at the 7 040972, 040780, 040937, Rules, 12/6/04 time the Bill is introduced, so that when a public hearing does come up, you're prepared to testify?

Mr. Kramer

I really don't have any other adequate answer for you, other than what I've already stated, that they are trying to allow for the opportunity for bills to be amended when necessary. And subsequently, it is not -- I'm not involved in that policy decision, so I really don't have an answer.

Council President Verna

But the bill's not amended, not until we have a public hearing. So, how would you have knowledge of that?

Mr. Kramer

Many of the times we work closely with the different Council persons with regard to all these different bills. I personally drafted the number of bills that are here, not this particular one; but I have drafted the other two on the schedule that we have today. I'm the author of both of those, in terms of the actual 8 040972, 040780, 040937, Rules, 12/6/04 physical writing of the material. So, certainly we knew about it. And we know many things about it. Regrettably, I don't have an adequate answer to tell you why the Commission doesn't necessarily consider items prior to the time when it would be necessary. That I don't have.

Council President Verna

All right. We'll hear from the first witness. Please identify yourself for the record.

Ms. Smith

Good morning, esteemed members of Council. My name is Pamela Pendleton Smith. I am a long-time resident of the Yorktown community which is roughly bounded on the north by Cecil B. Moore Avenue, on the south by Flora Street, on the east by 10th Street, and on the west by 13th Street. In the early 1960's, Yorktown was developed as -- and I'm quoting from a sales brochure that was prepared by the Redevelopment Authority of the City of Philadelphia in 1959 -- Philadelphia's newest 9 040972, 040780, 040937, Rules, 12/6/04 community, under the shadow of Billy Penn's hat. Yorktown was marketed as a model community -- again I'm quoting from the brochure -- for family living and within easy reach of all sections of the city. Yorktown was always meant to be a community of families, emphasis on community, by nature of the layout of those houses, with interlocking courts and cul-de-sacs, emphasis on family. By nature of the area being originally, and still is, designated and zoned as R9-A, single family residential dwellings. According to The Philadelphia Code, Title 14-102, definitions, definition number 39 lists dwellings classes. Class A. A single-family dwelling shall be a dwelling occupied as the home or residence of one family. According to definition 44 under the same title and section, family is defined as a person living independently or a group of 10 040972, 040780, 040937, Rules, 12/6/04 persons living as a single household unit, using housekeeping facilities in common, but not to include more than three persons unrelated by blood, marriage or adoption. The earliest residents of Yorktown recognized the need to preserve the uniqueness of this community, and the importance of maintaining its cohesiveness. A group of residents formed the Yorktown Community Organization to keep the area quiet, safe and clean. Their first order of business was to establish covenants and restrictions dictating what was allowed and not allowed regarding activities perceived to be detrimental to the community as a whole. We have drifted away from enforcement of the covenant but we have not become apathetic to what happens in our community. speculators are assaulting our community, determined to convert houses that are still zoned as single family houses into apartments, dormitories, tenement houses, 11 040972, 040780, 040937, Rules, 12/6/04 rooming houses, boarding houses. The tenants targeted for these properties are university students. In instances where physical conversions are not made, the housing arrangement is such that there are more than three unrelated persons living in one dwelling. This is in violation of The Philadelphia Code, Title 14-100. A special neighborhood problem arises from having the transient environment that goes with having rooming houses or boarding houses for university students in our area. Our streets are overburdened with the parking of extra cars. The tenants have no vested interest in the community. Therefore, improper trash or recycling setout, lack of snow removal, lack of leaf collection, and littering become issues. 's, musical instruments, and general rowdiness that is characteristic of university students who are away from the watchful eye of their parents, 12 040972, 040780, 040937, Rules, 12/6/04 become big problems. A quote from a publication distributed by the City of Philadelphia Department of Licenses and Inspections, called Partners for Good Housing, revised April 2004, and produced by the Commissioner's Office. My reference is 15, section on zoning, which says, sometimes neighborhoods are harmed by the conversions of houses into apartments or by undesirable commercial or industrial uses. The city has the zoning ordinance 14 that protects neighborhoods from these conversions and harmful intrusions. End of quote.

Ms. Smith

These conversions and housing arrangements are unacceptable to the members of the Yorktown community because it is eroding the integrity of Yorktown as a proud, stable community of single family homes celebrating its 45th anniversary. We seek the protection of the City of Philadelphia's Code by appealing to this esteemed body to pass into law Bill Number 13 040972, 040780, 040937, Rules, 12/6/04 040972. It will not only establish the Yorktown community's special district controls, but will effectively enforce the zoning ordinance R9-A already on the books. We also ask that violators of this law be subject to penalties that are strong enough, that when enforced, they make the risk associated with committing the violation greater than the benefits. We implore you to not allow any variances, grandfathering or other exemptions. Please: Sign this Bill into law and help preserve our unique community. Thank you. )

Council President Verna

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

Council President Verna

Thank you so much for your testimony. Our next witness is Mary McCray. 14 040972, 040780, 040937, Rules, 12/6/04 Good morning. MS. McCRAY: Good morning. To Councilwoman Verna and to all of the officers that's here. I guess I'm the person that got this started, I've been told. But I would like to say I'm very concerned concerning our community. I have been living there over 40 some years, and I do not want to see our community go down. And it's beginning to go down. We're right next door to the university. And we do -- Like Miss Smith said, we have a problem with the parking, and with the students moving in these homes as rooming homes. And, for instance, in my block is where I mentioned about this house. And that's how it all got started. The gentleman bought the home, and came in and made a five-room rooming house. And it's unacceptable from my neighbors. We don't want that. It's supposed to be at least three bedrooms, but he made additional 15 040972, 040780, 040937, Rules, 12/6/04 room out of this house, and was charging big bucks, four and five hundred dollars a room. Yes, that's the truth, four and five hundred dollars a room. So, my --

Council President Verna

Miss McCray, did you ever call Licenses and Inspections, and ask them to go to the property and inspect it? MS. McCRAY: Well, just lately. It will come up, I guess, a little later on out, when I came to Councilman Clarke concerning, they were supposed to have been working on it. They did make a few calls, but that was in 2001. And Licenses and Inspections didn't do anything. So I took on, myself and Miss Smith, and some other members of the community, and we did get License and Inspections did come out. But we -- I guess it will come out today concerning the... We did get a report from Licenses and Inspections. But they sent the... I'll let her explain that. But the house in my block, the 1500 block of Dondill Place. This 16 040972, 040780, 040937, Rules, 12/6/04 is how it all got started. So -- And I appreciate it. I don't know who else is going to testify. We do not want this type of thing going on in my community.

Council President Verna

Thank you very much. MS. McCRAY: Thank you.

Council President Verna

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

Council President Verna

Thank you. MS. McCRAY: She's going to let you know about the License...

Council President Verna

Miss Smith, did you want to add something to Miss McCray's testimony, about Licenses and Inspections, what they found when they inspected?

Ms. Smith

Yes. We did follow up on the complaint that we filed at 1522 Dondill Place. And they did send out an inspector. And they found three violations. One briefly 17 040972, 040780, 040937, Rules, 12/6/04 said that the conditions found at the premises were dangerous to human life and/or public welfare, and they gave a section 5 number. They said that someone was living in the basement, and that was a violation. The next one said, no person shall operate a rooming house without first obtaining a rooming house license. The next violation says that... This is also in regards to... Well, I guess this is a cease and desist order. Cease maintaining and/or operating a rooming house without a use registration permit. I went down to get copies of the violations, and there was something that disturbed me. The owner that is identified on the violations is different from the owner that is listed on the BRT records. And I wasn't sure if this would go anywhere because it didn't go to the owner of the current owner of record.

Council President Verna

When was that citation issued? 18 040972, 040780, 040937, Rules, 12/6/04

Ms. Smith

September 27, 2004. And it is my understanding that the current owner of record has been on record since 2003. I took a second visit down to Licenses and Inspections to talk to one of the coordinators that handled the complaints. And I looked at what he was looking at on his computer. And for each record there are five pages or five screens. The first two screens list owners, and the sixth screen lists an owner. The first two screens listed the current owner as the owner of record, but on the sixth screen, it listed the previous owner which is the violations are addressed to the previous owner. No one could tell me why that was. So that's another matter that we are pursuing.

Council President Verna

So they still are using this as a boarding house?

Council President Verna

Thank you. 19 040972, 040780, 040937, Rules, 12/6/04 Thank you very much. Sam Dowling. Would you prefer someone else testify next, Sam?

Mr. Dowling

I'm coming. Good morning, Madam President.

Council President Verna

Good morning. Welcome.

Mr. Dowling

And to other members of Council, I am not -- I do not have a detailed description of everything that has been done. I was notified yesterday in the evening of this hearing. I happen to be the President of Metamorphosis Community Development Corporation. We exist at People's Village and Nelson Brown, basically, which are houses between 11th and 12th Street -- excuse me -- 13th and 11th, Diamond and Susquehanna, North Philly. We also do work with Jefferson Manor in the same area. We all have the same problem that is being discussed today in this Ordinance, in 20 040972, 040780, 040937, Rules, 12/6/04 this Bill. We applaud Yorktown for bringing it to City Council. We would like to be -- like to have the Bill amended, if we could, to include the areas of Jefferson Manor, People's Village and Nelson Brown. We have the same existing problem, where our neighborhood is being turned into a rental area. The rental area, like she says, in her area they're going for two and four hundred dollars. They're getting off cheap. In my neighborhood they're going for six and seven hundred per room. And we find it a little hard at this time. What we're asking Council to do and Yorktown Association, to allow us to join with them on this ordinance, to be included in it.

Council President Verna

Thank you. I'm sure you've had discussion with Councilman Clarke about this?

Mr. Dowling

Pardon me?

Council President Verna

I'm certain you have had discussion with 21 040972, 040780, 040937, Rules, 12/6/04 Councilman Clarke about the --

Council President Verna

-- proposed amendments?

Mr. Dowling

Yes. We've also notified L & I, and have come up with the same -- As a matter of fact, Yorktown's a little more advanced than we are in what they're doing. Right now we're just trying to jump on the bandwagon.

Council President Verna

Fine. Thank you very much. Any questions? The Chair recognizes Councilwoman Brown.

Councilwoman Brown

Could you share with us the boundaries of the additional developments you just referenced, please?

Mr. Dowling

Yorktown -- Well, Yorktown -- People's Village and Nelson Brown are two very close projects -- or not projects but housing areas.

Councilwoman Brown

Sure.

Mr. Dowling

And what it is, they 22 040972, 040780, 040937, Rules, 12/6/04 are 13th Street. North 13th, 2100 North 13th to 2100 North 11th.

Councilwoman Brown

Okay.

Mr. Dowling

From Diamond Street to Susquehanna Avenue. The other would be Jefferson Manor from Master Street, I believe, to Jefferson or -- It's Master to Jefferson. And I believe Yorktown will have a better description of their location. But it's also between the same running areas, 11th Street over to 10th.

Councilwoman Brown

Okay. That's helpful, in terms of perspective of that area.

Councilwoman Brown

Thank you.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Good morning, sir. 23 040972, 040780, 040937, Rules, 12/6/04

Mr. Dowling

Good morning.

Councilman Clarke

Real briefly, a quick question. Yorktown has obviously had a little more time on having actually crafted a substantial part of the Bill. In this process, we can do a couple of things. We can actually amend the Bill 9 today in the Committee hearing or we can amend it on the second reading. Would you be interested... And I'm prepared to go either route... representing Nelson Brown/People's Village? Would you be interested in us offering the amendment in a couple of weeks, to give you an opportunity to talk to the residents of your area or would you prefer we do this now?

Mr. Dowling

Well, actually, I would prefer it now, as long as it does not hinder the Yorktown's concern right now.

Councilman Clarke

Okay.

Mr. Dowling

But we would prefer it be done now because it's something that has been discussed between People's Village and the Jefferson Manor people. 24 040972, 040780, 040937, Rules, 12/6/04

Councilman Clarke

Okay.

Mr. Dowling

So we're all aware. It's just that we just found out about the hearing late.

Councilman Clarke

Okay. Great. Thank you.

Mr. Dowling

Thank you.

Council President Verna

Thank you. Thank you very much. Our next witness is Priscilla Woods. Good morning. Welcome. And please identify yourself for the record.

Ms. Woods

Good morning. I am Priscilla woods, the Executive Director of the Yorktown Community Development Corporation. Good morning, President Verna and members of the Committee on Rules. Thank you for this opportunity to comment on Bill 21 Number 040972, the Yorktown Special District Controls Bill. I also want to thank our Fifth Council District Councilman, Darrell Clarke, and of course Mrs. Mary McCray for her 25 040972, 040780, 040937, Rules, 12/6/04 outrage that started this whole process. I just want to just add my support to the Bill. My neighbors have basically said what needs to be said here. Just wanted the Yorktown Community Development Corporation to be on record, and to say that we fully support the Bill. We have been disturbed also, along with the rest of the community, and saw the need for drafting such a Bill because of the fact that these speculators who have come into our neighborhood have no regard for the neighborhood as it is, for the families in the neighborhood. Some of them have changed the character of the neighborhood by eliminating driveways... eliminating lawns and creating driveways, and then erecting signs, signs that say no parking and tow signs, big Lou Bloom tow signs in front of the properties. So they're basically defacing the neighborhood and putting out signs saying, this is a commercial business area. It is no 25 longer a residential area. And that is truly 040972, 040780, 040937, Rules, 12/6/04 offensive to us. The other thing that we want to go on record to say is that once this Bill has indeed become an ordinance, a City ordinance, we are asking for enforcement. We want to know that once Mrs. McCray or one of the other neighbors picks up the phone and calls Licenses and Inspections to report or to inquire as to whether proper zoning has occurred for the construction of additions to properties, that we will be responded to. So again, I want to thank you, and I encourage you to pass this Bill.

Council President Verna

Thank you very much. Are there any questions of Miss Woods? (No response.)

Council President Verna

Thank you again for coming in to testify. (Applause.)

Council President Verna

Do we have anyone else? Do we have anyone else that 27 040972, 040780, 040937, Rules, 12/6/04 would like to testify on this Bill? (No response.)

Council President Verna

Okay. Miss Smith, it truly disturbs me that, you know, you called L & I, made a complaint, and they never followed through on it. I find that very, very disturbing.

Council President Verna

I'm sure Councilman Clarke will be acting on that.

Councilman Clarke

Absolutely.

Council President Verna

Okay. I would ask Mr. McPherson, then, to please read the next Bill, Bill Number 040780. MR. McPHERSON: An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by the Frankford Creek, Aramingo Avenue, Wheatsheaf Lane, Sepviva Street, Butler Street, Frankford Avenue, Valetta Street, Coral Street, Vici Street and Frankford Avenue.

Council President Verna

Please 28 040972, 040780, 040937, Rules, 12/6/04 identify yourself for the record and proceed with your testimony.

Mr. Kramer

Good morning, Madam President, and members of the Rules Committee. My name is William Kramer. I am the Senior Zoning Planner for the Development Planning Division of the City Planning Commission. And I'm here today to testify on Bill 040780. Councilman DiCicco introduced this Bill on September 23, 2004. Bill 040780 amends the Philadelphia Zoning Maps by changing the zoning of portions of the area bounded by the Frankford Creek, Aramingo Avenue, Wheatsheaf Lane, Sepviva Street, Butler Street, Frankford Avenue, Valetta Street, Coral Street, Vici Street and Frankford Avenue. This rezoning would change the zoning of the site from the current G-2, general industrial classification to ASC, area shopping center commercial. 29 040972, 040780, 040937, Rules, 12/6/04 The site is approximately 21.25 acres, which is approximately two-thirds the size of the recently completed Whitman Square Shopping Center on the Roosevelt Boulevard and Grant Avenue. The Planning Commission has not considered this Bill at this time. It is scheduled to be reviewed by the Commission at its next meeting of December 14, 2004. That concludes my testimony. I would be happy to answer any questions from the Committee.

Council President Verna

The Chair recognizes Councilman O'Neill.

Councilman O'Neill

Seems like there's very little street frontage. How much street frontage is actually on Aramingo Avenue? Or is there also access through the back?

Mr. Kramer

The survey plan indicates there's 69 foot of street frontage along Aramingo Avenue. And additionally, there is no street frontage, I believe, on Wheatsheaf Lane. Well... Excuse me. 30 040972, 040780, 040937, Rules, 12/6/04 Wheatsheaf Lane turns into Sepviva, and then changes back into it. Approximately... Excuse me. 215 foot of street frontage along Wheatsheaf Lane just to the west of Sepviva Street.

Councilman O'Neill

What is across the street on Sepviva and Wheatsheaf?

Mr. Kramer

I do not know.

Councilman O'Neill

Okay. Thank you.

Council President Verna

Okay. Any other questions from members of the Committee? (No response.)

Council President Verna

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

Council President Verna

Seeing none, I would ask Mr. McPherson to please read the title of Bill Number 040937. MR. McPHERSON: An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded 31 040972, 040780, 040937, Rules, 12/6/04 by Delaware Avenue, Penn Street, Ellen Street (extended), the Delaware River and Spring Garden Street (extended).

Council President Verna

Please identify yourself again.

Mr. Kramer

Good morning, Madam President and members of the Rules Committee. My name is William Kramer. I am the Senior Zoning Planner of the Development Planning Division of the Philadelphia City Planning Commission, and I'm here today to testify on Bill 040937. Councilman DiCicco introduced this Bill October 28, 2004. Bill 040937 amends the Philadelphia Zoning Maps by changing the zoning of a portion of the area bounded by Delaware Avenue, Penn Street, Ellen street, the Delaware River and Spring Garden Street. This rezoning would change the zoning of a portion of that area from the current G-2 general industrial classification, to C-3 commercial. This rezoning would allow for the 32 040972, 040780, 040937, Rules, 12/6/04 expansion of a current development site which was the subject of Bill 990847. That Bill, which the Planning Commission considered and approved at its meeting on December 2, 1999, changed the zoning designation of the parcel of ground immediately to the north of the subject site to permit the development of the currently under construction waterfront square. This rezoning will allow for the expansion and extension of that mixed use development. The Planning Commission has not considered the Bill at this time. It is scheduled to be reviewed by the Commission at its next meeting on December 14, 2004. That concludes my testimony. I would be happy to answer any questions from the Committee.

Council President Verna

Can you please explain what are the mixed uses in the waterfront square development?

Mr. Kramer

I do not have the total of the mixed uses. 33 040972, 040780, 040937, Rules, 12/6/04 It is our understanding that it is a commercial -- both a residential and commercial development. The specific commercial I do not have the specifics on.

Council President Verna

And this rezoning will allow for the expansion and extension of that mixed use development?

Mr. Kramer

Correct, Madam Chair.

Council President Verna

Thank you. Any questions? (No response.)

Council President Verna

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

Council President Verna

Seeing none, this will conclude our public hearing. (Public hearing concluded at 11:08 a.m.) 34 040972, 040780, 040937, Rules, 12/6/04 COUNCIL OF THE CITY OF PHILADELPHIA PUBLIC MEETING - COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Monday, December 6, 2004, 11:18 a.m. - - - BILL 040972 - An Ordinance amending Title of 6 The Philadelphia Code, relating to "Zoning and Planning," by amending Chapter 14-1600, entitled 7 "Miscellaneous," by adding a new Section 14-1629, entitled "Yorktown Special District Controls"; all 8 under certain terms and conditions. 9 BILL 040780 - An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning 10 designations of certain areas of land located within an area bounded by the Frankford Creek, 11 Aramingo Avenue, Wheatsheaf Lane, Sepviva Street, Butler Street, Frankford Avenue, Valetta Street, 12 Coral Street, Vici Street and Frankford Avenue. 13 BILL 040937 - An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning 14 designations of certain areas of land located within an area bounded by Delaware Avenue, Penn Street, Ellen Street (extended), the Delaware River and Spring Garden Street (extended). PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN DARRELL L. CLARKE COUNCILWOMAN DONNA REED MILLER COUNCILMAN BRIAN J. O'NEILL - - - 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 35 040972 - Rules - 12/6/04 - - - P R O C E E D I N G S - - -

Council President Verna

We will now go into our public meeting. And again, sir, you know, I see that a Bill is introduced, I believe, in September.

Mr. Kramer

I will refer your comments back to my bosses.

Council President Verna

You know, and it comes to us in December, telling us. Now, was this listed before City Planning on December the 14th because the Bill was listed for a public hearing today?

Mr. Kramer

I believe that is correct, yes.

Council President Verna

I think there has to be a better way of doing this. I really do.

Mr. Kramer

I understand that.

Council President Verna

I wish you would express my feelings.

Mr. Kramer

I shall. 36 040972 - Rules - 12/6/04

Council President Verna

Thank you. We are now in our public meeting, and the Chair recognizes Councilman Clarke regarding Bill Number 040972.

Councilman Clarke

Thank you, Madam President. Madam President, as referenced in the public hearing, we are offering an amendment to Bill Number 040972, that's been circulated. It essentially adds the new boundaries, incorporating them into this Bill, the Bill for Yorktown. But it also adds Jefferson Manor and People's Village/Nelson Brown. (Applause.)

Councilman Clarke

So I would like to -- Thank you, Mr. Dowling. I would like to make a motion that the amendment to Bill Number 040972 UNIDENTIFIED COUNCILPERSON: Second.

Council President Verna

It has been moved and seconded that the amendment be adopted. All in favor will say aye. 37 040972 - Rules - 12/6/04 (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the amendment is adopted. The Chair again recognizes Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, I make a motion that Bill Number 040972 as amended be reported out of this Committee with a favorable recommendation, and a request for a suspension of the rules, as to allow reading at the next session of Council.

Councilman O'Neill

Second.

Council President Verna

It has been moved and properly seconded that Bill 21 Number 040972 as amended be reported out of Committee with a favorable recommendation, also a recommendation that the rules of Council be suspended so as to permit first reading at our next Council session. 38 040972 - Rules - 12/6/04 All in favor will indicate by saying aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. (Applause.)

Council President Verna

The Chair again recognizes Councilman Clarke, regarding Bill Number 040780.

Councilman Clarke

Thank you, Madam President. Make a motion that Bill Number 040780 be reported out of Committee with a favorable recommendation and a request for rules suspension so as to allow reading at the next session of Council.

Councilman O'Neill

Second.

Council President Verna

It has been moved and seconded that Bill Number 040780 be reported out of Committee with a favorable recommendation, also a 39 040972 - Rules - 12/6/04 recommendation that the rules of Council be suspended so as to permit first reading at our next Council session. All in favor will indicate by saying aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. Again, the Chair recognizes Councilman Clarke regarding Bill Number 040937.

Councilman Clarke

I move that Bill 17 Number 040937 be reported out of this Committee with a favorable recommendation, and a request for rule suspension so as to allow reading at our next session of Council.

Councilman O'Neill

Second.

Council President Verna

It has been moved and seconded that Bill Number 040937 be reported out of Committee with a favorable recommendation, also a 40 040972 - Rules - 12/6/04 recommendation that the rules of Council be suspended so as to permit first reading at our next Council session. All in favor will say aye. (Chorus of "ayes.")

Council President Verna

Those opposed? (No response.)

Council President Verna

The ayes have it, and the motion carries. This concludes our public meeting. And I thank all of you for your patience. (Meeting concluded at 11:13 a.m.) 41 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 and meeting of The Philadelphia City Council, taken on December 6, 2004, 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.)