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Committee Hearing, November 29, 2010

Minutes from Philadelphia City Council Committee Hearings, Nov 29, 2010

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Organizations mentioned

Councilman Greenlee

Thank17 you, Mr. Chairman. I move that Bill No.18 100721 be reported out of this Committee19 with a favorable recommendation and move20 further that the rules of Council be21 suspended to allow for first reading at22 our next session of Council.23 (Duly seconded.)24

Councilman Kenney

It's been25 263 11/29/10 - RULES - BILL 100552, ETC.1 moved and seconded.2 All in favor?3 (Aye.)4

Councilman Kenney

There are5 none opposed. Bill No. 100721 reported6 out of this Committee favorably and a7 request made for rules suspension to8 allow first reading at our next Council9 session.10 The Chair recognizes Councilman11 DiCicco for a motion.12 COUNCILMAN DiCICCO: Thank you,13 Mr. Chairman. I move that the amendment14 that has been read into the record15 earlier by counsel for the developer,16 Mr. Patterson, to Bill No. 100552 be17 approved.18 (Duly seconded.)19

Councilman Kenney

Moved and20 seconded.21 All in favor?22 (Aye.)23

Councilman Kenney

There are24 none opposed. Bill No. 100552 will be25 264 11/29/10 - RULES - BILL 100552, ETC.1 amended accordingly.2 The Chair recognizes Councilman3 DiCicco for a motion.4 COUNCILMAN DiCICCO: Thank you,5 Mr. Chairman. I move that Bill No.6 100552, as amended, be approved and that7 the rules of Council be suspended so as8 to permit first reading at our next9 session of City Council.10 (Duly seconded.)11

Councilman Kenney

Moved and12 seconded.13 All in favor?14 (Aye.)15

Councilman Kenney

There are16 none opposed. Bill No. 100552, as17 amended, reported out of this Committee18 favorably and a request made for rules19 suspension to allow first reading at our20 next Council session.21 The Chair recognizes22 Councilmember Clarke for a motion on Bill23 100709.24

Councilman Clarke

Thank you,25 265 11/29/10 - RULES - BILL 100552, ETC.1 Mr. Chair. I move that Bill No. 1007092 be reported out of Committee with a3 favorable recommendation and a request4 for rules suspension as to allow reading5 at the next session of Council.6 (Duly seconded.)7

Councilman Kenney

Moved and8 seconded.9 All in favor?10 (Aye.)11

Councilman Kenney

There are12 none opposed. Bill No. 100709 reported13 out of this Committee favorable, a14 request made for rules suspension to15 allow first reading at our next Council16 session.17 The Chair recognizes18 Councilmember Blondell Reynolds Brown for19 a motion on Bill No. 100750.20 COUNCILWOMAN BROWN:21 Mr. Chairman, I move that Bill No. 10075022 be reported out of the Committee with a23 favorable recommendation and further move24 that the rules of Council be suspended so25 266 11/29/10 - RULES - BILL 100552, ETC.1 as to permit first reading at the next2 scheduled session.3 (Duly seconded.)4

Councilman Kenney

Moved and5 seconded.6 All in favor?7 (Aye.)8

Councilman Kenney

There are9 none opposed. Bill No. 100750 reported10 out of this Committee favorably, a11 request made for rules suspension to12 allow first reading at our next Council13 session.14 The Chair recognizes15 Councilmember Goode for a motion on Bill16 100773.17

Councilman Goode

Thank you,18 Mr. Chairman. I move that Bill 100773 be19 reported out of the Committee with a20 favorable recommendation, that the rules21 of Council be suspended so as to permit22 first reading at our next Council23 session.24

Councilman Kenney

Moved and25 267 11/29/10 - RULES - BILL 100552, ETC.1 seconded.2 All in favor?3 (Aye.)4

Councilman Kenney

There are5 none opposed. Bill No. 100773 reported6 out of this Committee favorably and a7 request made for rules suspension to8 allow first reading at our next Council9 session.10 The Chair recognizes11 Councilmember Clarke for a motion on Bill12 No. 100656.13

Councilman Clarke

Thank you,14 Mr. Chair. Mr. Chair, before I make a15 motion, I'd like to have a couple of16 comments, and I know that's traditionally17 the place that should be done in the18 public hearing, but this is a very19 important issue. I'd like to ask for20 your --21

Councilman Kenney

Please.22

Councilman Clarke

Mr. Chair,23 this particular bill has been going on24 for a while. It's an ebb and flow of a25 268 11/29/10 - RULES - BILL 100552, ETC.1 bill when there's a development in the2 middle of a residential community, and3 during that ebb and flow there are times4 throughout the process when the elected5 official sometimes make people very happy6 while others are not very happy, and then7 sometimes it flips. So today I may make8 a recommendation that we do something9 that may not make the people happy that I10 made happy last time, but I think that at11 the end of the day, that it will be a12 fair and reasonable process.13 What I'd like to do, Mr. Chair,14 on this particular bill, given the15 significant movement of the bill,16 particularly from the original proposal17 that was set forth, which was a high18 rise, which I think nobody supported, to19 get to the point where we are now in most20 people's minds around 80 -- between 8021 and 90 percent there, what I would like22 to do is to move this out of Committee,23 but I would like to do it with24 conditions, and what I'd like to explain.25 269 11/29/10 - RULES - BILL 100552, ETC.1 My understanding is that we do2 not have any more Rules Committee3 meetings scheduled before we go on4 recess.5

Councilman Kenney

December6 8th.7

Councilman Clarke

The 8th?8 We do? That's going to take away my long9 speech.10 Well, what I'll do -- well, let11 me tell you what I was going to do first.12 I'm going to get my speech in.13 Basically what I wanted to do14 was basically show some movement as it15 relates to moving this project along,16 because I believe that everybody17 conceptually agreed that it's a good18 project, something that should happen.19 But I also want to give enough20 opportunity for people to feel21 comfortable with the process,22 particularly those residents who are most23 affected, meaning the Tivoli. And what24 I'd like to do, frankly speaking, is move25 270 11/29/10 - RULES - BILL 100552, ETC.1 this out of Committee and give us an2 opportunity in the forum of the community3 where the project exists to continue the4 negotiations. What I don't want to do is5 keep dragging people down here, the6 Council, even if we delay the hearing7 until the 8th -- because I'm not sure8 that, frankly speaking, we'll be in a9 position to have a conclusion by the 8th.10 There are a number of issues11 that are outstanding. At this point,12 fortunately, the issue with respect to13 parking, I think there should be an14 agreement based on the movement of 0.7,15 but it's still not clear about the16 parking issue -- I'm sorry; the traffic17 issue on 20th Street, which I think is a18 very significant issue.19 This whole issue about people20 not seeing the project in its entirety,21 meaning a rendering that shows all sides22 of the building, I think is a reasonable23 request. I don't understand why we24 haven't gotten there yet.25 271 11/29/10 - RULES - BILL 100552, ETC.1 There a couple of other smaller2 issues about materials. I think that's a3 reasonable request. Frankly speaking, I4 think that's something that I think can5 be accommodated.6 So what I would like to do is7 move this out of Committee today. We8 have an EOP amendment, and I want to9 thank the development team for reflecting10 our need to be more aggressive in that11 matter. You will see different numbers.12 But I want to say here13 personally that in no way do I feel14 obligated if we're not at a point where15 people feel comfortable generally -- I16 mean, somebody is always going to not17 like something -- to move this bill on18 its final passage until we can get some19 reasonable accommodations from all of the20 pertinent parties. So it will move out21 of Committee, but we still have22 discussion, and if we're at a point where23 we can't reach what we believe to be a24 reasonable accommodation, then that bill25 272 11/29/10 - RULES - BILL 100552, ETC.1 will not proceed until that's done.2 So with all of that, Mr. Chair,3 I would actually like to move it out of4 Committee.5

Councilman Kenney

First of6 all, on behalf of the four at-large7 members, we feel your district pain.8 These are the days we realize we didn't9 want to run for the district.10 Secondly, if you could do me a11 favor and make a motion to amend the bill12 to include the EOP plan and then we can13 get it rolling.14

Councilman Clarke

Thank you,15 Mr. Chair. Mr. Chair, I'd like to ask16 for an adoption of the amendment to Bill17 No. 100656 referred to as Exhibit A at18 this time.19 (Duly seconded.)20

Councilman Kenney

Moved and21 seconded.22 All in favor?23 (Aye.)24

Councilman Kenney

There are25 273 11/29/10 - RULES - BILL 100552, ETC.1 none opposed. Bill No. 100656 will be2 amended accordingly.3 The Chair recognizes4 Councilmember Clarke.5

Councilman Clarke

Thank you,6 Mr. Chair. I'm going to ask that Bill7 No. 100656 be moved out of Committee8 without a rules suspension. That will9 give us an additional week to have10 conversation at this time, as amended.11 (Duly seconded.)12

Councilman Kenney

As amended.13 Moved and seconded.14 All in favor?15 (Aye.)16

Councilman Kenney

There are17 none opposed. Bill No. 100656, as18 amended, reported out of this Committee19 with a favorable recommendation.20 That concludes the business of21 the Rules Committee. Thank you very much22 for your attendance.23 (Committee on Rules concluded24 at 2:05 p.m.)25 274 1 CERTIFICATE2 I HEREBY CERTIFY that the3 proceedings, evidence and objections are4 contained fully and accurately in the5 stenographic notes taken by me upon the6 foregoing matter on November 29, 2010,7 and that this is a true and correct8 transcript of same.9 10 11 12 13 --------------------14 MICHELE L. MURPHY15 RPR-Notary Public16 17 18 19 (The foregoing certification of this20 transcript does not apply to any reproduction21 of the same by any means, unless under the22 direct control and/or supervision of the23 certifying reporter.)24 25