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Minutes

Committee Hearing, November 13, 2007

Philadelphia City Council Committee HearingsNov 13, 2007

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COUNCIL OF THE CITY OF PHILADELPHIA COMMITTEE ON RULES - - - Room 400, City Hall Philadelphia, Pennsylvania Tuesday, November 13, 2007 10:40 a.m. - - - PRESENT: COUNCIL PRESIDENT ANNA C. VERNA, CHAIR COUNCILMAN DARRELL L. CLARKE COUNCILMAN WILLIAM GREENLEE COUNCILMAN JAMES F. KENNEY COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN BILL 060633 - An ordinance to amend the 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... BILL 070819 - An ordinance approving the fourth amendment of the redevelopment proposal for the Tioga Urban Renewal Area... BILL 070827 - An ordinance approving the thirty-sixth amendment of the redevelopment proposal for the Model Cities Urban Renewal Area... - - - V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670 2

Council President Verna

Good morning, everyone. This is the public hearing of the Committee on Rules. I would ask Mr. McPherson to please read the title of Bill No. 060633. 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 Delaware Avenue, Penn Street, Ellen Street extended, the Delaware River and Spring Garden Street extended.

Council President Verna

Good morning. Please identify yourself for the record.

Mr. Kramer

Good morning, Chairman Verna and members of the Rules Committee. I am William Kramer, the Acting Division Director of the Development Planning Division of the Philadelphia City Planning Commission. I am here today to testify on Bill No. 25 060633, which was introduced by 3 11/13/07 - RULES - BILL 060633, ETC. Councilmember DiCicco on September 14, 2006. Bill No. 060633 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 designation of a portion of that area from the current zoning designation of G-2 General Industrial to one of C-3 Commercial. This bill reverses the provisions of Bill 15 No. 060344, which became law on September 14, 2006. The provisions of Bill No. 17 060633 are the same as Bill No. 040937, which was signed into law January 25, 2005. The City Planning Commission at its meeting of December 14, 2004 considered and approved Bill No. 040937. Because Bill No. 060633 has the same provisions as Bill No. 040937, it is considered a matter of previous policy by 4 11/13/07 - RULES - BILL 060633, ETC. the Philadelphia City Planning Commission. Accordingly, we recommend that Bill No. 060633 be approved. I have an amendment for this bill that I respectfully request be adopted by this Committee. In order to be as clear as possible with regard to the zoning of any particular property, zoning change bills no longer require a fee from the party of interest. Because this policy was adopted after this bill 13 was drafted, we are requesting that this bill be amended to remove such provision so as to be consistent with current policy. To that end, I have an amendment for your consideration. This concludes my testimony. I appreciate the opportunity to appear before you today and would be pleased to answer any questions you may have.

Council President Verna

Thank you, Mr. Kramer. Do we have a copy of the amendment? 5 11/13/07 - RULES - BILL 060633, ETC.

Mr. Kramer

Yes, ma'am. It was with the Clerk.

Council President Verna

Fine. Do members of the Committee have any questions of Mr. Kramer? The Chair recognizes Councilman Kenney.

Councilman Kenney

Just a general question on the fee. How much was the previous fee?

Councilman Kenney

Fine. Thank you.

Council President Verna

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

Council President Verna

Mr. Kramer, while you're there, please. In your testimony you said that this property has been rezoned several times?

Mr. Kramer

Yes, ma'am.

Council President Verna

And 6 11/13/07 - RULES - BILL 060633, ETC. that's been during the last several years. Can you give us some background, explanation as to why the changes have occurred?

Mr. Kramer

As I understand it, the original bill changed this to C-3 as part of the waterfront redevelopment water-run towers down on Delaware Avenue. Subsequently, the property was sold to what is now to be known as Trump Tower Development, and at the time that they sold, there was some concern that the Councilman had with what they were going to do in terms of development, which led him to change the zoning back to G-2, which was the bill before this one. Subsequently, those issues, as I understand it, have been resolved and the development is going forward, and that's why they are reverting it back to C-3.

Council President Verna

We just have a couple other questions.

Mr. Kramer

Certainly.

Council President Verna

Is 7 11/13/07 - RULES - BILL 060633, ETC. there a development plan and, if so, what is the proposal?

Mr. Kramer

I have not seen the latest development proposal. It's my understanding that the original proposal had building permits issued on it, so there hasn't been a new plan sent to the Planning Commission.

Council President Verna

So we really know nothing about what the proposal would be.

Mr. Kramer

I don't have those particulars. Mr. Abernathy is probably more aware of that than I am.

Council President Verna

Good morning. Please identify yourself for the record.

Mr. Abernathy

Good morning. Brian Abernathy, Councilman Frank DiCicco's office. The project is a mixed-use residential condo tower, approximately 45 stories tall. All issues have been worked out with the community, 8 11/13/07 - RULES - BILL 060633, ETC. surrounding community.

Council President Verna

So the community is in favor of the proposed --

Mr. Abernathy

Yes, ma'am.

Council President Verna

Who is the developer?

Mr. Abernathy

The developer is a partnership from New York. It's several individuals, actually.

Council President Verna

Can you share with us what the amount and source of funding would be?

Mr. Abernathy

I don't have those details. I believe they were covered under the original rezoning classification in '04.

Council President Verna

All right. Any questions from members of the Committee? (No response.)

Council President Verna

Thank you very much. 9 11/13/07 - RULES - BILL 060633, ETC. Do we have anyone else to testify on this bill? (No response.)

Council President Verna

Seeing no one, I would ask Mr. McPherson to please read the title of Bill No. 8 070819. MR. McPHERSON: An ordinance 10 approving the fourth amendment of the redevelopment proposal for the Tioga Urban Renewal Area, being the area generally bounded by Hunting Park Avenue on the north, Broad Street, Germantown Avenue, Venango Street, 15th Street, Allegheny Avenue and Germantown Avenue on the east, Glenwood Avenue and Lehigh Avenue on the south, 23rd Street, Allegheny Avenue and 23rd Street on the west, including the fourth amendment to the urban renewal plan and relocation plan, which provides, inter alia, for the additional land acquisition of 14 properties for residential and related uses; the provision of certain relocation 10 11/13/07 - RULES - BILL 060633, ETC. services, as required by law; and declaring that condemnation is not imminent with respect to the project.

Council President Verna

Mr. Koonce.

Mr. Koonce

Good morning, Madam Chairperson and members of the Committee. I am Michael Koonce, Executive Director of the Redevelopment Authority, and I am here to speak in support of Bill No. 070819, which is the fourth amendment to the redevelopment proposal and the fourth amendment to the urban renewal plan for the Tioga Urban Renewal Area. This proposal and plan provide for the acquisition of 14 vacant lots. The properties are to be acquired in support of the STR8 Hand LLC parking lot development, which will serve as additional parking for their adjacent business. Estimated acquisition cost is $52,640 and will be paid for through bond proceeds from the Neighborhood 11 11/13/07 - RULES - BILL 060633, ETC. Transformation Initiative. Madam Chairperson and members of the Committee, I respectfully request favorable consideration of Bill No. 6 070827 (sic) and would also ask the suspension of Council rules to allow first reading on November 15, 2007.

Council President Verna

Thank you. Any questions from members of the Committee of Mr. Koonce? (No response.)

Council President Verna

Mr. Koonce, can you please explain the nature of the businesses for which these properties are to be acquired for parking purposes?

Mr. Koonce

I'm not as familiar with them as our next witness, Mr. Redding.

Council President Verna

Very well. Good morning.

Mr. Redding

Hi. Good 12 11/13/07 - RULES - BILL 060633, ETC. morning. My name is Richard Redding. I am Director of Community Planning at the City Planning Commission. The company is around the corner on Nice Street. It's a neighboring property. It's a construction company called STR8 Hand, Incorporated.

Council President Verna

Thank you. Do you have testimony that you're going to be providing?

Mr. Redding

Yes, I do, Madam President.

Council President Verna

Please proceed.

Mr. Redding

Good morning, Madam President and members of the Rules Committee. I'm Richard Redding, Director of Community Planning, testifying in support of Bill No. 070819 approving the fourth amendment of the redevelopment proposal for Tioga, authorizing acquisition of 14 properties. The Planning Commission approved this on 13 11/13/07 - RULES - BILL 060633, ETC. August 21st of '07. Thank you very much.

Council President Verna

Thank you. Can you tell us if the community has expressed any concern?

Mr. Koonce

We haven't canvassed the community. I know City Planning can speak to it a bit, but we received this request directly from the interagency review team and we're essentially just the implementer.

Mr. Redding

Madam President, as you know, when the Redevelopment Authority has these approvals, most of them come through the Planning Commission and we do a review and we also talk to the neighborhood groups. We spoke to Tioga United, the community group, and informed them, and they did not indicate any problems with this. Later on I notified the community organization Sunrise CDC. And I think the community is fully notified. 14 11/13/07 - RULES - BILL 060633, ETC. This is a section of Tioga that is very much mixed development. It's a combination of industrial and vacant and a small amount of housing, so it's not like it's in the middle of a residential neighborhood.

Council President Verna

Very well.

Mr. Koonce

We actually have a graphic that might be helpful.

Council President Verna

Thank you.

Mr. Redding

I have additional copies.

Council President Verna

Can you tell us how many parking spaces will be provided by the acquisition of these properties?

Mr. Koonce

We'd estimate about 12 to 15 parking spaces. The actual business is at the bottom of the illustration. The homes across the street are next up, and the parking lots are the top two photos. 15 11/13/07 - RULES - BILL 060633, ETC.

Council President Verna

Thank you. The Chair recognizes Councilwoman Miller.

Councilwoman Miller

Thank you, Madam President. We have Mr. Sharif, who is owner and operator of the business, here this morning who also would like to testify. I went out and visited this location, I think it was, last Wednesday. I'm not sure, or Thursday. And they have a good project going there. This is a very blighted part of the district, a lot of abandonment, and he has actually done some really good work creating sort of like an incubator, an incubation center for small businesses. And he has met with Nicetown CDC, which is the closest CDC. He's met with them several times regarding this, and I know that he's built a relationship with several churches that are located close by. 16 11/13/07 - RULES - BILL 060633, ETC. So I just want you to know that, and he is here, and I don't know whether he's on the witness list or not.

Council President Verna

No. 6 I don't have a witness list.

Councilwoman Miller

Okay. Mr. Sharif.

Mr. Sharif

Yes. Good morning.

Council President Verna

Good morning.

Mr. Sharif

How is everyone? Thank you for having me here this morning. I purchased the property about three years ago. The property was in extreme disrepair, had enormous tax delinquents on it, for which I satisfied. The property is a mixed-use facility that accommodates five businesses. There are two construction companies there, STR8 Hand Management, Incorporated, as well as STR8 Hand Construction LLC. There's a CPA there. 17 11/13/07 - RULES - BILL 060633, ETC. There's also an auto body shop in the front of the facility, as well as an IT company called Tech Media. I need the additional space to accommodate the businesses for parking. Currently, the area in the front, which has about -- the parking lot on the Germantown Avenue side, all of the parking spaces are being utilized by the auto body shop. So in the rear of the building, which is the Nice Street entrance, we don't have parking to accommodate our trucks as well as visitors coming to the office. So we sorely need this space. When I acquired the building, as I said, it was in extreme disrepair. We rehabilitated the entire building, which is about 11,000 square feet. As it pertains to the lot, the lot had one house, one structure, on it that was torn down, I believe, by the NTI program, as well as a number of trees, a fence that was falling, and we invested 18 11/13/07 - RULES - BILL 060633, ETC. approximately $12,000 clearing the lot off in addition to leveling it, and it would be a great asset to us to accommodate what we're trying to do in the community.

Council President Verna

Thank you very much. Did you provide your name for the stenographer, please.

Mr. Sharif

Yes. My name is Shamsud-Din Sharif, S-H-A-M-S-U-D hyphen D-I-N. Sharif, S-H-A-R-I-F.

Council President Verna

Thank you. Any questions or comments from members of the Committee? The Chair recognizes Councilwoman Miller.

Councilwoman Miller

I'd just like to say for the record that he has done an excellent job renovating a parcel that I actually thought nobody was interested in. And there's a couple other houses that he wants to acquire 19 11/13/07 - RULES - BILL 060633, ETC. from PHA that are blighted and abandoned and he and his staff are keeping it clean. So I think that in the end, this is going to be a good project.

Council President Verna

Thank you.

Mr. Sharif

Thank you.

Council President Verna

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

Council President Verna

Seeing no one, I would ask Mr. McPherson to please read the last bill, Bill No. 17 070827. MR. McPHERSON: An ordinance 19 approving the thirty-sixth amendment of the redevelopment proposal for the Model Cities Urban Renewal Area, being the area beginning at the northwest corner of Front Street and Spring Garden Street, including the twenty-eighth amendment to the urban renewal plan and the 20 11/13/07 - RULES - BILL 060633, ETC. twenty-sixth amendment to the relocation plan, which provides, inter alia, for the additional land acquisition of approximately 30 properties for residential and related uses; the designation of certain properties as not to be acquired; the provision of certain relocation services, as required by law; and declaring that condemnation is not imminent with respect to the project.

Council President Verna

Please proceed.

Mr. Koonce

Madam Chairperson and members of the Committee, I am Michael Koonce and I am here to speak in support of Bill No. 070827, which is the thirty-sixth amendment to the redevelopment proposal and the twenty-eighth amendment to the urban renewal plan for the Model Cities Urban Renewal Area. The proposal and plan provide for the acquisition of a total of 30 properties. 21 11/13/07 - RULES - BILL 060633, ETC. One vacant structure will be acquired on behalf of Friends Rehab Program, Inc. to complete site assemblage for Phase I of their Strawberry Mansion Homeownership Project. The project will consist of a total of 32 affordable homeownership units. Nineteen properties, vacant 10 lots and one occupied structure, will be 11 acquired on behalf of Community Ventures. 12 Community Ventures proposes to build 13 approximately 50 units of rental housing 14 using Low-Income Housing Tax Credits and 15 HOME subsidy. Community Ventures will 16 act as developer in partnership with 17 Francisville Community Development 18 Corporation. Seven properties, five vacant structures and two vacant lots, will be acquired on behalf of the Blaine School Rehabilitation Initiative. This project was listed in the Office of Housing and Community Development Strawberry Mansion Housing Strategic Plan which was released 22 11/13/07 - RULES - BILL 060633, ETC. in March. The project will consist of rehabilitation of all structures for development as affordable homeownership units for first-time home buyers. The vacant lots will be conveyed to adjacent homeowners for side yards or gardens. One vacant lot will be acquired on behalf of Norris Square CDC. Acquisition of this one parcel will complete site assemblage for the Hunter School Homeownership Project. Norris Square CDC proposes to construct 49 residential units for sale to qualified low- and moderate-income buyers and to produce a range of mixed-income buyers. One vacant City-owned lot will be acquired and combined with others that were included in a previous redevelopment proposal on behalf of Community Ventures, whose proposal was selected as a result of a homeownership request for proposals that was issued by OHCD for the Strawberry Mansion area. One vacant lot will be acquired 23 11/13/07 - RULES - BILL 060633, ETC. on behalf of Project H.O.M.E. CDC for the expansion of the parking facility for the Honickman Learning Center and Comcast Technology Labs, which is located directly across the street. Madam Chairperson and members of the Committee, I respectfully request favorable consideration of Bill No. 10 070827 and would also ask the suspension of Council rules to allow first reading on November 15, 2007.

Council President Verna

Thank you. Mr. Redding, are you going to testify on this?

Mr. Redding

Yes, I would like to, very briefly. Madam President and members of the Committee, I am Richard Redding, Director of Community Planning, testifying in support of Bill No. 070827, authorizing acquisition for several properties in the Model Cities Urban Renewal Area, two projects in Strawberry 24 11/13/07 - RULES - BILL 060633, ETC. Mansion. And it's notable, as Mr. Koonce said, that they follow up from a plan that our Planning Commission participated in with Councilman Clarke and with OHCD. And additional community development projects in Francisville, Eastern North Philadelphia and the Project H.O.M.E. area. The Planning Commission approved this in September of '07. Thank you.

Council President Verna

Thank you.

Mr. Spencer

Can I have --

Council President Verna

We will recognize you in due time. Thank you. Can either of you gentlemen give us a better description of this area than is given by the title of the bill, which merely states that it is, quote, "the area beginning at the northwest corner of Front Street and Spring Garden Street," end of quote.

Mr. Redding

Model Cities 25 11/13/07 - RULES - BILL 060633, ETC. Urban Renewal Area is generally lower North Philadelphia below Lehigh Avenue. So everything from Girard Avenue to Lehigh, and almost river to river.

Council President Verna

Councilman Clarke.

Councilman Clarke

Thank you, Madam President. Madam President, I remember this issue came up before. Unfortunately, when the Model Cities areas were designated, it was known that they were very broad. Actually, this particular one I think actually encompasses parts of Councilman DiCicco's district, in addition to a significant part in my district. But I do remember during that discussion there was a request by Councilmembers to ask that those lines could be revisited because of the broad nature of the existing Model Cities parcels, and I don't think we got a response, but I do remember we had a very detailed conversation about having 11/13/07 - RULES - BILL 060633, ETC. those lines readdressed and there was some discussion about having them only in Council districts, not having them overlap Broad Street and certain significant arteries. And I think that both the Redevelopment Authority and Planning indicated a willingness to entertain a possibility of changing the boundaries on some of those urban renewal areas, but we did not get a response. But it did come up before, I remember, and, Madam President, I think you may have asked the same question.

Council President Verna

Councilman Kenney.

Councilman Kenney

Thank you, Madam President. Due to the fact that the title of the bill is not so specific, perhaps you for the record could indicate the size of the lot, either the square footage or the shape of it. I mean, I generally know Front and Spring Garden from passing it, but I'm not specifically 27 11/13/07 - RULES - BILL 060633, ETC. aware of where exactly it is, what it's next to, if you know.

Mr. Koonce

You mean the actual urban renewal area?

Councilman Kenney

No. Aren't we taking -- I'm sorry. Oh, I see. So it's beginning and can fan out.

Mr. Redding

The bill 10 describes a huge area of North Philadelphia, but the subject properties and subject projects are basically scattered addresses in small clusters in various sections.

Councilman Kenney

Certainly we wouldn't want to hold anything up like this, but in the future, it would seem somewhat better for us to be able to at least have addresses. I will accept Councilman Clarke's word and what you're saying in testimony, and I understand the vagueness of the Model Cities situation, but without having -- you kind of feel like you're voting in the dark on some of these things. 28 11/13/07 - RULES - BILL 060633, ETC.

Mr. Koonce

I actually have the addresses.

Councilman Kenney

Could you submit that for the record so it's somewhere?

Councilman Kenney

That's a pretty big area.

Councilman Clarke

Excuse me. And if you can -- I don't know if the Planning Commission or the Redevelopment Authority will be responsible for that -- seriously entertain possibly engaging in some process that would, I guess, shrink the size of some of these urban renewal areas, because they're extremely broad, and it actually creates problems for us, because I understand in the timing of an urban renewal ordinance, you can't enact an additional urban renewal ordinance 23 until this one, say, for instance, is complete.

Mr. Koonce

Correct. 29 11/13/07 - RULES - BILL 060633, ETC.

Councilman Clarke

So we can't introduce anything in this extremely large area for condemnation or any action until this bill is passed by Council and signed by the Mayor.

Mr. Koonce

Correct.

Councilman Clarke

So there could be times where we would like to simultaneously do something in this particular area, but we're prohibited as a result of that law. So if you can seriously entertain possibly shrinking some of the size of those urban renewal areas.

Mr. Koonce

I'll set up those meetings with the appropriate Council staff and City Planning. Maybe we can start as early as next week?

Councilman Clarke

Okay. We got a kind of busy schedule next week. But as long as -- because I do remember the Council President bringing that up before.

Mr. Koonce

I'll set them up. 30 11/13/07 - RULES - BILL 060633, ETC.

Councilman Clarke

Thank you.

Council President Verna

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam President. Along the same line, I guess something in the title to kind of alert people that were just looking at it. Because, for example, there's folks here from the Francisville community obviously, who I know very well, and just going by the title, when they came in today, I was wondering what they were here for, because I didn't realize that that was part of this Model Cities Urban Renewal Area. So I guess I would just add to that, if there's any way to make it somewhat more specific, even mentioning the groups that are -- like in Mr. Redding's testimony, it says the bill 23 authorizes acquisition of 30 properties for several community development projects. Maybe somehow mentioning the 31 11/13/07 - RULES - BILL 060633, ETC. projects in the title or something, just to alert people that this is a given area that they're interested in, because otherwise I thought we were talking about something around Front and Spring Garden and that's it. I just didn't know. I don't think you can list all the properties obviously, but in the testimony, he talks about, I guess it's, five groups here, including Community Ventures, who I'm well aware of that are involved. So something like that.

Mr. Koonce

Perhaps --

Councilman Greenlee

A little bit clearer.

Mr. Koonce

I actually have a fact sheet and a map that we probably could include when we submit our testimony in the future. I can show it to you later, and if that's appropriate, we'll just submit that in the future with the testimony. The fact sheet actually outlines each individual project, the 32 11/13/07 - RULES - BILL 060633, ETC. list of addresses and a map of the urban renewal area.

Councilman Clarke

I'm satisfied only because I know what it's referencing, but if a Councilmember was not as intimately involved as I am, I can understand the area of concern. But I think, at a minimum, that it should be clearly noted where these properties are. Can't the properties actually be listed in the actual bill? Is that problematic? Or does it have to be done as an addendum, as an exhibit?

Mr. Koonce

I can have that discussion with our general counsel and Richie Feder from the City, who worked together drawing up the ordinances.

Councilman Clarke

Because we normally just get the ordinance, particularly when we're in a public hearing, so you would have no way of knowing exactly where those properties are referenced.

Mr. Koonce

Okay. 33 11/13/07 - RULES - BILL 060633, ETC.

Council President Verna

You know what I find somewhat interesting is in the third "whereas" clause, the bill 5 actually specifies the properties that will not be acquired. And I would ask why are the properties specifically excluded from the acquisition? Don't we normally only acquire properties that are specifically included in the redevelopment proposals and plans?

Mr. Koonce

I believe that was to a couple of Council -- a couple sessions back we were asked to exclude a property on Girard Avenue and not acquire it.

Council President Verna

Councilman Greenlee.

Councilman Greenlee

What they're excluding is, Councilman Clarke, that's the shopping, what everybody hopes is the shopping point, supermarket site, right, on Girard Avenue?

Councilman Clarke

Correct. That was actually -- what happened, in 34 11/13/07 - RULES - BILL 060633, ETC. the earlier bill, there was an earlier bill that we were attempting to acquire a parcel at 27th and Girard, and the owner of the property came in and said that he was willing to entertain developing the site, and they worked out an agreement between the community and the Redevelopment Authority. And technically, I guess, we had to reference the fact that this particular parcel will not be condemned, because as it stood, it still left it hanging that there was a possibility of condemnation and the developer could not get financing because this was looming over his head. So we asked the Redevelopment Authority to, in very specific terms, indicate in their Board meeting that this property would not be taken as a part of this condemnation package. So that's why that's in there.

Councilman Greenlee

Thank you.

Council President Verna

35 11/13/07 - RULES - BILL 060633, ETC. Mr. Koonce, in your testimony, you state that one vacant lot will be acquired on behalf of Project H.O.M.E. for the expansion of the parking facility for Comcast Technology Labs. Will you please explain how this is a, quote, "residential," end of quote, or, quote, "related," end of quote, use? I'm just given the explanation of why. It is residential, and the residents train next door; is that it?

Councilman Clarke

Yeah. On the record, it's actually a -- I think it's the 1900 block of Judson Street. There's two phases of transitional housing that were built on that block, and adjacent to that there was a learning facility that was sponsored by Comcast to accommodate the transitional housing. The residents in that particular program were required to participate in an educational and training program as a part of their tenure at the development. So this is in support of that particular 36 11/13/07 - RULES - BILL 060633, ETC. housing. But it is a residential block. This, fortunately, has Comcast and the individuals step forward and sponsor that particular development.

Council President Verna

Thank you for your explanation.

Councilman Clarke

You're welcome, Madam President.

Council President Verna

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

Council President Verna

Thank you, gentlemen. Thank you. Sir, you can now approach the witness table. Thank you for your patience. Sir, please identify yourself for the record.

Mr. Spencer

Good morning. My name is Len Spencer and I'm the owner of 1531 Poplar Street, the property that was just discussed earlier a few minutes ago. I'm a developer and I'm in the process of developing this land that I own. I have 37 11/13/07 - RULES - BILL 060633, ETC. a zoning approval for a three-story duplex, residential duplex, and I'm waiting to obtain a building permit. I should be -- I should get that next week. And we're in the process of developing our property. We already have a construction loan settled with the bank, and I have all the proper documentation to prove my point.

Council President Verna

Thank you. The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Sir, if I could ask you, when did you get that zoning? No. Just tell me.

Mr. Spencer

A couple months ago.

Councilman Greenlee

A couple months ago? Okay. How long have you owned the property and what kind of condition has it been in?

Mr. Spencer

I bought this land four months ago, four, four and a 38 11/13/07 - RULES - BILL 060633, ETC. half months ago.

Councilman Greenlee

You bought it four months ago?

Mr. Spencer

Right. And as I bought this land, we started to develop architectural drawings and we submitted for a zoning permit to put up a three-story duplex, and we have all the approvals.

Councilman Greenlee

Do you know -- I know there's people from the community that can kind of answer this, but what condition has the land been, do you know, before you got it?

Mr. Spencer

It's just vacant land.

Councilman Greenlee

It's been a vacant lot for a long time?

Mr. Spencer

Yes, sir, to my knowledge.

Councilman Greenlee

Okay. Thank you.

Council President Verna

Any other questions or comments from members 39 11/13/07 - RULES - BILL 060633, ETC. of the Committee? (No response.)

Council President Verna

Thank you very much for coming in to testify. You've been very patient. Thank you.

Councilman Kenney

Madam President?

Council President Verna

One moment, please.

Councilman Kenney

Just a question on the disposition of this situation. Will the District Councilperson and the RDA have a discussion?

Councilman Clarke

Yeah. Is this the Poplar Street address?

Councilman Clarke

Part of the problem -- and we'll obviously sit down and discuss it. First of all, we weren't aware that there were any property owners when we first looked at the site that were still around. So the process 40 11/13/07 - RULES - BILL 060633, ETC. started actually more than a year ago. Now I'm hearing that you have recently purchased this site. So I personally was not aware of it, nor should I have been, because that's just your private transaction. But this is a parcel that we were looking at developing for quite some time, but we'll ask the Redevelopment Authority and the appropriate community development corporation to sit down and discuss the site.

Mr. Spencer

Right. Because I already have everything set and ready to go, and I received the letter --

Councilman Clarke

Did you post a zoning notice on the site?

Mr. Spencer

Well, we're going to get a building permit next week and then we can post all the permits.

Councilman Clarke

But you said that you already got it zoned.

Mr. Spencer

Yeah. We have a zoning approval. I have it with me. I 41 11/13/07 - RULES - BILL 060633, ETC. brought it.

Councilman Clarke

So you posted the notice and you got the property zoned?

Mr. Spencer

Right. So we have everything there.

Councilman Clarke

All right.

Mr. Spencer

Thank you very much.

Councilman Kenney

Just one question for the RDA. Wouldn't it be prudent for someone to kind of go through and look at the last six months or so of zoning changes for particular properties or building permits that have been pulled so that we can avoid -- I mean, this is one person, but I've been through here before with this stuff and we've had scores of people coming in here, some of them legitimate, most of them not, most of them sitting on properties for 20 years and back on taxes and all the other stuff. But if someone has got a zoning change or has applied for a building 42 11/13/07 - RULES - BILL 060633, ETC. permit, wouldn't you guys want to know about that before you put your bill 4 together to come in here to acquire?

Mr. Koonce

We would want to know about that. We should check, and we'll institute that in the future.

Councilman Kenney

Okay. Thank you.

Council President Verna

Thank you.

Mr. Spencer

Thank you very much.

Council President Verna

Councilman Clarke, your light is on. Did you want to be recognized?

Councilman Clarke

Sorry, Madam President.

Council President Verna

Do we have anyone else to testify? Please approach the witness table. Good morning. Please identify yourself for the record.

Ms. Giles

Good morning. My 43 11/13/07 - RULES - BILL 060633, ETC. name is Penelope Giles and I'm the Executive Director of the Francisville Neighborhood Development Corporation. We have just released our neighborhood plan that we worked on for a year, months or so. The plan is a 8 comprehensive plan that addresses all of 9 the needs in the community, from housing, 10 market rate, affordable and in between, 11 as well as commercial development. FNDC 12 has recognized this Francisville east 13 project as an integral part to create a 14 balance -- to keep a balance in our 15 community so that we're not overrun by 16 gentrification, but that we actually can 17 build an economically diverse 18 neighborhood. The project is very important. But through the planning project, what we made every effort to do was to include all of the stakeholders, be they private or non-profit, in the planning process and to look at all of the public properties and what the 44 11/13/07 - RULES - BILL 060633, ETC. interests were, especially with some of the churches and the non-profits, and to try to make sure that we wouldn't get into this kind of situation where people's properties would be taken for a project of this magnitude. Unfortunately, as Councilman Clarke pointed out, it's kind of hard to gauge. You've got people who are purchasing properties during that process that we were not able to bring to the table. We also have some other private developers that have some properties on 15th Street that we're trying to work with to come up with some different solutions. So for the record, I just want to state that FNDC supports this project and we encourage you to move forward with it so that the application for the tax credits can be made, but that we make every effort, as Councilman Clarke said, to work with all of the private owners and especially the church. Second Pilgrim Baptist Church has a lot that 45 11/13/07 - RULES - BILL 060633, ETC. they've been using as parking. So all of these things were taken into consideration during our planning process, but we will need to work together to come up with some solutions so that we can do this without anybody actually losing-losing.

Council President Verna

The Chair recognizes Councilman Greenlee.

Councilman Greenlee

Thank you, Madam President. Good morning, Ms. Giles.

Ms. Giles

Good morning.

Councilman Greenlee

I certainly know the work you've done over there. You've been very conscientious, as has many people, Ms. Bruce and everybody else, Mr. Kaufman, in Francisville. Just for the record, most of it is part of the 15th Ward where I'm the ward leader, so I pay a little attention to that.

Ms. Giles

And a good one.

Councilman Greenlee

Thank 46 11/13/07 - RULES - BILL 060633, ETC. you. Just a question on the property that the gentleman was up here with. I know every time you have a zoning case, you certainly have your meetings, because I get invited to most of them. Did that generally come to you or were you aware of that particular property?

Ms. Giles

No. The only time we would engage a private developer is if the project triggered a variance. Then we would get a notice and we would do the community meeting. But apparently I guess maybe he's building to code, because it hasn't come up.

Councilman Greenlee

So that didn't need a variance?

Councilman Greenlee

Okay.

Ms. Giles

No. But I do want to reiterate that we are very interested in creating an environment in Francisville that's developer friendly to all kinds of housing, because we need it 47 11/13/07 - RULES - BILL 060633, ETC. all.

Councilman Greenlee

I certainly can go on the record -- I know Councilman Clarke can -- that you've worked at that very hard. So thank you.

Council President Verna

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

Council President Verna

Our next witness. Good morning, sir. Please identify yourself for the record.

Mr. Kaufman

I'm Steve Kaufman from Community Ventures, the developer. I'm going to -- I just wanted to show you very quickly --

Council President Verna

Why don't you just put it in front of the witness table on the floor.

Mr. Kaufman

Okay. Thank you. I hope you can hear me. I wanted to quickly show you the site plan 48 11/13/07 - RULES - BILL 060633, ETC. here. We're looking north. This is 15th Street. This is 16th Street. Here is Poplar. And there's going to be two components to this, a building largely for seniors, which is 27 units right here and then scattered sites. And then one of the buildings would be going in at 1531 Poplar Street, which is the property the gentleman was talking about, and that's up here. This is a low-incoming housing tax credit development. We have a deadline of December 14th to make an application to the state. So this hearing is one step in us being able to show site control to the state. I just wanted to mention to you that this project economically is sort of finely tuned. We are going to be charging low rents on this building, with the goal of housing as many local seniors on SSI as possible and limited incomes, folks that never qualified for Social Security. There's a big need. To make the numbers work, we need as many of 49 11/13/07 - RULES - BILL 060633, ETC. these purples as possible, which is the single families. In other words, we've sort of skewed the rents here to serve a real social need here, and that's what is unique about this project. There's going to be six units in this building where the rents are going to be a hundred dollars a month, and another four where the rents will be 250 a month. That's going to be really serving that population. So the long and short of it is, I'm reluctant first to lose any of the purple here or any of the site, because it tends to unhinge what we're doing here and what the social project is.

Council President Verna

Thank you. The Chair recognizes Councilman Kenney.

Councilman Kenney

I'm just a bit confused. Could you have a seat, because you won't be able to talk without the microphone. 50 11/13/07 - RULES - BILL 060633, ETC.

Councilman Kenney

Are you in favor of this bill or opposed to it?

Mr. Kaufman

Oh, I'm sorry. We're the developer.

Councilman Kenney

Oh, okay. Because you were talking about the potential loss of properties inhibiting your development, and since we're having a hearing about taking properties, I thought you may be opposed to the building.

Mr. Kaufman

I'm sorry.

Councilman Kenney

So you're in favor of the bill?

Councilman Kenney

And that's one of the projects that will be accomplished as a result of us passing the bill?

Mr. Kaufman

Right. This is the major -- this is the acquisition on the 1500 block of Poplar Street. We're the developer, low-income tax credits, 51 11/13/07 - RULES - BILL 060633, ETC. last affordable housing in Francisville, and it involves the lot that the gentleman was testifying to earlier.

Councilman Kenney

Well, I'm pretty sure we are all for this, so, I mean -- and I'm sure it's all good work. Thank you for your testimony.

Council President Verna

Thank you, sir. Do we have anyone else to testify on this bill? Please approach the witness table. Good morning. Please identify yourself for the record.

Reverend Sutton

Good morning. Pastor Daniel Sutton. I pastor the Second Pilgrim Baptist Church, which is located on 15th Street, and we do own the very corner of 1500 Poplar Street. I think that a lot of the plans that Francisville, along with other community developers, are putting together are 52 11/13/07 - RULES - BILL 060633, ETC. wonderful for the community. However, we just were not a part of those plans. We weren't a part of those plans. We did not receive particular invites to certain meetings and certain things of that nature. The plan that just was displayed in front of you today is something that I've just seen for the first time today, for the first time. And a part of that -- a part of me being here today is because I received a letter concerning the ordinance meeting that was given to me about two weeks ago. I just don't understand the lack of communication between these corporations and those who are already existing in the community where that does not take part at, and I just would like a little bit more communication with us, particularly so that if we're in the community, we can be a part of all of those plans and all of these endeavors that we would like to see to be a part 53 11/13/07 - RULES - BILL 060633, ETC. of. And, once again, today was the first day I've seen any of these things, and I've been at Second Pilgrim since December 2005.

Council President Verna

Thank you. The Chair recognizes Councilman Clarke.

Councilman Clarke

Councilman, you want to --

Council President Verna

I'm sorry.

Councilman Greenlee

That's all right.

Councilman Clarke

You go ahead.

Councilman Greenlee

Just a similar question, sir, to what I asked the other gentleman. The land that we're talking about that you own that's included in here, what's the situation on that land now?

Reverend Sutton

The land is, we use it for our community activities 54 11/13/07 - RULES - BILL 060633, ETC. outside, particularly we do have parking that goes on there and such as like flea markets, our block parties, our -- we use it in that magnitude. However, that's not the extent of what we were looking to kind of do with that particular property. We were trying to work out a negotiation with the gentleman who owns right next to that, which is the funeral home, and we were trying to work out that to acquire that as well to be all a part of it. However, my point is is that it sounds like to me in this whole thing is that, just like the other gentleman here, he had plans and endeavors. While everybody has these plans and endeavors, but there's no one talking to each other concerning all of these things. And since coming into the community in December 2005, I have tried numerous times to set up a meeting with Mr. Darrell Clarke, because I did not meet him. I did not know him, and I wanted to be a part of whatever was going 55 11/13/07 - RULES - BILL 060633, ETC. on particularly in the community.

Councilman Greenlee

Well, I know the Francisville CDC has been pretty active in the last year or so, probably a little longer than that. Have you ever made any contact with them?

Reverend Sutton

Well, the only contact --

Councilman Greenlee

Do you know about them?

Reverend Sutton

Well, the only contact I've had with Francisville is that they used our church to do a particular urban -- it was some type of urban demographic program that they were running on that day and they used our church to kind of base their whole program on that time. But this, what they're talking about today, I've never heard of.