COUNCIL OF THE CITY OF PHILADELPHIA2 COMMITTEE ON RULES3 - - -4 Room 400, City Hall5 Philadelphia, Pennsylvania Wednesday, May 13, 20096 10:25 a.m. 7 - - - 8 9 PRESENT: COUNCIL PRESIDENT ANNA C. VERNA10 COUNCILMAN DARRELL L. CLARKE COUNCILMAN FRANK DiCICCO11 COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN WILLIAM GREENLEE12 COUNCILMAN JACK KELLY COUNCILWOMAN DONNA REED MILLER13 COUNCILWOMAN BLONDELL REYNOLDS BROWN 14 15 BILLS 090127, 090190, 090246, 090295 and 09029616 17 18 19 20 - - -21 22 V A R A L L O Incorporated Litigation Support Services23 Eleven Penn Center 1835 Market Street, Suite 60024 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.267025 2 1
Good2 morning, everyone. This is a public3 hearing of the Rules Committee.4 I would ask Mr. Erickson to5 please read the title of Bill No. 090127.6
An ordinance7 amending Titles 4 and 14 of The8 Philadelphia Code, respectively, "The9 Philadelphia Building Construction and10 Occupancy Code" and "Zoning and11 Planning," by authorizing the Department12 of Licenses and Inspections to extend the13 expiration date of certain zoning and/or14 use registration permits, under certain15 terms and conditions.16
Good morning,20 Council President Verna and members of21 the Rules Committee. I am William22 Kramer, Division Director for the23 Development Division of the Philadelphia24 City Planning Commission. I am here25 3 5/13/09 - RULES - BILL 090127, etc.1 today to testify on Bill No. 090127,2 which was introduced into City Council3 February 27th of this year.4 Bill No. 090127 will amend the5 Philadelphia Zoning Code by allowing the6 Department of Licenses and Inspections to7 extend the expiration date of a zoning8 and/or land use permit issued by the9 Zoning Board of Adjustment for one year.10 Currently, zoning permits expire one year11 after the date of issuance, unless12 construction work has begun prior to the13 expiration date of the permit.14 Bill No. 090127 will allow an15 applicant to request a one-year extension16 for the permit, providing the applicant17 up to two years to begin construction.18 The permit may only be extended once by19 the Department of Licenses and20 Inspections. The bill also contains a21 provision by which this ordinance will22 expire three years after becoming law.23 The Philadelphia City Planning24 Commission at its meeting of March 17th,25 4 5/13/09 - RULES - BILL 090127, etc.1 2009 recommended that Bill 090127 be2 approved.3 This morning I was given an4 amendment that Councilman DiCicco wishes5 to introduce on the bill, and we have6 reviewed it and have no objection to the7 requested amendment to the bill. This8 amendment will remove language limiting9 this to permits issued pursuant to a10 decision of the Zoning Board of11 Adjustment. That language would be12 removed from the bill. We do not believe13 that it makes a substantive difference in14 what would be allowed in the zoning15 permits once issued. If they were issued16 as a matter of right, you would simply17 reapply for that permit. So we have no18 objection to the requested amendment.19
Fine.20 So instead of the one year, we're21 extending it to two years?22
Technically what23 it does is, it expires after a year.24 This bill would allow you to then,25 5 5/13/09 - RULES - BILL 090127, etc.1 instead of going through the whole2 approval process at the Board, go to L&I3 and get a permit over the counter based4 on a prior Zoning Board approval, as well5 as the permit as it is today.6
Fine.7 The Chair recognizes Councilman8 DiCicco.9 COUNCILMAN DiCICCO: Thank you,10 Madam Chair.11 If I may, this was done in an12 attempt to those cases where projects13 have been approved, community14 involvement, whatever, has taken place,15 have been approved, permits have been16 issued. Because of the downturn in the17 economy where construction is not moving18 forward, we felt it was the right thing19 to do, to allow for these developers --20 give them the extra year so they don't --21 when the economy turns around, they don't22 have to go back and start from the23 beginning on things that have already24 been accepted by all the departments and25 6 5/13/09 - RULES - BILL 090127, etc.1 the City.2
Very3 well.4 Any questions from members of5 the Committee?6 (No response.)7
Thank8 you very much.9 Our next witness is Sam10 Sherman.11 (No response.)12 COUNCIL PRESIDENT VERNA:13 Mr. Sherman has submitted testimony.14 That will be given to the stenographer so15 it will be transcribed in full.16 Do we have anyone else to17 testify on this bill?18 (No response.)19 COUNCIL PRESIDENT VERNA:20 Seeing no one --21 (Witness approached witness22 table.)23
My name is William24 Ewing.25 7 5/13/09 - RULES - BILL 090127, etc.1 There's been a major change in2 this bill.3 COUNCIL PRESIDENT VERNA:4 Excuse me. Please take a seat. You5 identified yourself. Now you can6 testify.7
Yes. My name is8 William Ewing. I'm a resident of the9 City.10 There's been a major change11 that's just been made and I'd like to see12 the new text before so that I understand,13 because when I read this bill originally,14 I thought it was very significant that it15 only applied to permits issued pursuant16 to a decision of the Zoning Board for the17 very reason that, as Councilman DiCicco18 has pointed out, when issued pursuant to19 a decision of the Zoning Board, there's20 been an opportunity for public input.21 So I'm just looking at this22 bill. It would apply to any zoning or23 use registration permit that's been24 issued upon written request of the25 8 5/13/09 - RULES - BILL 090127, etc.1 permittee.2 Okay. Thank you. It only3 applies to permits that have already been4 issued; is that correct?5 COUNCILMAN DiCICCO: Yes.6
Is the Committee7 planning to change that to two years,8 extension for two years or one?9 COUNCILMAN DiCICCO: One.10
There was some11 exchange among the members of the12 Committee. I didn't understand whether13 you were going to amend it two years.14 COUNCILMAN DiCICCO: No.15
Thank you. Now16 that I know what it is, I have no17 problem. Thank you.18
I19 would ask Mr. Erickson to please read the20 title of Bill No. 090190.21
An ordinance22 amending Title 14 of The Philadelphia23 Code, entitled "Zoning and Planning," by24 amending Chapter 14-1400, entitled25 9 5/13/09 - RULES - BILL 090127, etc.1 "Parking and Loading Facilities," by2 adding a new subsection providing for3 bicycle parking, under certain terms and4 conditions.5
Good morning,6 Council President Verna and members of7 the Rules Committee. I am William8 Kramer, Division Director of the9 Development Division of the Philadelphia10 City Planning Commission. I am here11 today to testify on Bill No. 2 This bill creates three types3 of bicycle parking spaces, Class 1A, 1B4 and Class 2. 12 Class 1B spaces are located13 under a permanent overhead building14 structure. 11 The bill then provides12 conditions regarding where the spaces can13 be located. Spaces shall be on an14 accessible route as defined in the15 Building Code. Racks may be placed on16 public right-of-way provided that the17 owner enters into a maintenance agreement18 with the Streets Department. All spaces19 on the exterior of a building must be20 located within 50 foot diameter of the21 building entrance, unless the Streets22 Department or Licenses and Inspections23 waives this requirement. 3 Lastly, this bill provides for4 a substitution of bicycle parking for5 auto parking. For every five Class 16 bicycle spaces provided, the number of7 required off-street auto parking spaces,8 excluding handicapped spaces, may be9 reduced by one space. 15 Resulting from comments from16 the Department of Licenses and17 Inspections, a modest amendment has been18 crafted. Rather than requiring an19 accessible route as provided in the20 Building Code, all required bicycle21 parking installed within a building shall22 be located on a continuous route from the23 public right-of-way. 1 greater than five percent. 10 That is the conclusion of my11 testimony. 14
Thank15 you.16 Any questions from members of17 the Committee?18 (No response.)19
Sarah20 Clark Stuart.21 (Witness approached witness22 table.)23
Good24 morning. Please identify yourself for25 14 5/13/09 - RULES - BILL 090127, etc.1 the record and proceed.2
Thank you. My3 name is Sarah Clark Stuart. I'm an4 advocate with the Bicycle Coalition of5 Greater Philadelphia. 13 The Bicycle Coalition strongly14 supports this ordinance to require15 bicycle parking for new uses. 7 In order for Philadelphia to be8 recognized as the greenest city in9 America, one of Mayor Nutter's goals, it10 needs to take measures to ensure that11 more bicycle parking capacity is built12 for the City's growing number of13 bicyclists who ride to work, ride for14 errands or getting around town. 19 The American Bicycle League,20 which is a national organization,21 recognizes communities that are bicycle22 friendly with an award program. 4 Bicycling is an integral part5 of Philadelphia's streetscape and6 culture. 13 Despite the recent addition of 1,400 new14 bike racks through the City's15 Adopt-A-Rack program, Philadelphia only16 has approximately 2,600 publicly17 installed bike racks. 24 As described by Mr. 17 This bill will -- it's good18 planning and it will help Philadelphia19 make it more sustainable. 1 It will fast track the2 development of standards and3 specifications, which will lead to the4 installation of higher-quality racks. It5 will encourage more people to bike to6 work and for short trips. 13 The Bike Coalition did an14 assessment last year on bicycle parking15 and found a severe shortage. 20 The Comcast Center, which is the21 country's tallest LEED office building,22 installed only two wave racks, which23 house about 25 bicycles. 1 demand of the office workers and2 visitors. And wave racks are not3 recommended by the Association of4 Pedestrian and Bicycle Professionals as5 being good design for a number of6 reasons. 9 It's less expensive to10 incorporate bike racks and spaces for11 bike racks at the time of construction12 than to do it after the fact. 1 City Planning Commission, the Streets2 Department, the Department of3 Transportation and Utilities and4 Department of Licenses and Inspections5 for developing this innovative and6 important Zoning Code amendment, and we7 applaud City Council members Reynolds8 Brown, Kenney and Jones for introducing9 this measure. 11
Thank12 you very much.13 Are there any questions from14 members of the Committee?15 (No response.)16
I17 notice that you have also letters18 attached to your testimony.19
Yes, I do.20 Letters of support for the ordinance from21 the Delaware Valley Green Building22 Council and Penn Future.23
Thank24 you. Those letters will be given to the25 21 5/13/09 - RULES - BILL 090127, etc.1 stenographer and made part of the2 testimony.3
Thank6 you very much.7 Do we have anyone else to8 testify on this bill?9
If12 they would approach the witness table.13 (Witnesses approached witness14 table.)15
Good16 morning. Please identify yourself for17 the record.18
Good morning.19 My name is Paul DelBuono and I'm here as20 a representative for Fuji Bicycles.21 Thank you, Madam Chair and22 members of this Committee, for the23 opportunity to testify today on the24 ordinance to amend the Zoning Code to25 22 5/13/09 - RULES - BILL 090127, etc.1 require bicycle parking for new2 construction projects, Bill No. 090190.3 Advanced Sports Incorporated,4 which is the parent company of Fuji5 Bicycle, moved its world headquarters to6 Philadelphia in 2004. At that time, we7 grossed $30 million worldwide and sold8 110,000 bicycles. And last year, in9 2008, we grossed $80 million worldwide10 and sold 250,000 bicycles around the11 world. And in this troubled economy, I'm12 happy to say we're currently up 4013 percent for 2009.14 We employ 52 people in15 Philadelphia and 85 people worldwide, and16 many of our employees ride their bikes to17 work every day.18 Fuji Bicycles strongly supports19 this ordinance to require bicycle parking20 for certain new uses.21 We applaud the development of22 this bill, as it will help make23 Philadelphia's code foster buildings that24 provide incentives to individuals to bike25 23 5/13/09 - RULES - BILL 090127, etc.1 to work and to use their bike for short2 trips and to businesses to encourage more3 employees to bike to work.4 The lack of bicycle parking5 facilities is a considerable disincentive6 to individuals to bike to work, and we7 applaud the City for working hard to8 develop this ordinance that this9 Committee is considering.10 Other progressive cities with11 strong planning standards such as12 Chicago, Washington, DC and New York City13 have similar legislation. It would be14 fantastic for Philadelphia to join their15 ranks.16 We were attracted to17 Philadelphia for its significant bicycle18 lane network. The amendment of19 Philadelphia's Zoning Code will make the20 City an even friendlier city to21 bicyclists and to businesses who want to22 attract and retain employees who are23 eager to keep healthy and stay active.24 We look forward to working with25 24 5/13/09 - RULES - BILL 090127, etc.1 the City to help develop and improve the2 cycling culture in Philadelphia.3 We thank you for hearing our4 testimony and urge your favorable vote on5 this bill.6
Good morning. My12 name is Russell Meddin. I'm with Bike13 Share Philadelphia. I wanted to say14 thank you very much for letting me15 testify to Councilwoman Miller,16 Councilman Goode, Councilman DiCicco,17 Council President Verna, Councilman18 Greenlee and Councilman Kelly. Sorry.19 I'm getting old. It's difficult.20 Anyway, I'm here as a citizen21 of Philadelphia, a bicycle use advocate22 in general and a Public Use Bicycle23 program advocate in particular. I24 strongly endorse your favorable25 25 5/13/09 - RULES - BILL 090127, etc.1 consideration of Bill 090190, an2 ordinance amending Title 14 to The3 Philadelphia Code, entitled "Zoning and4 Planning," by amending Chapter 14-1400,5 "Parking and Loading," by adding a new6 subsection providing for bicycle parking.7 It's very, very important that8 the City through its actions, its9 ordinances and laws support bicycling as10 a form of transportation for its11 citizens.12 I'm sure many of you understand13 that for the environment, we all need to14 reduce our dependence on fossil fuels as15 a goal for our future for the City.16 Increasing bicycle usage is an integral17 part to obtaining that goal. Making18 parking available and easy for19 bicyclists, as it is for other modes of20 transportation, which I'm sure most of21 you use, helps our citizens choose to use22 bicycles as a way to move towards this23 goal. Requiring bicycle parking as24 outlined in this proposed ordinance is a25 26 5/13/09 - RULES - BILL 090127, etc.1 very good start.2 But I would like to voice one3 concern. I firmly believe that4 Philadelphia will embrace public use5 bicycling, also known as bike sharing. I6 firmly believe that we will have a public7 use bicycling program at least as big,8 but probably larger than the program that9 started yesterday in Montreal, Canada,10 which has 3,000 bicycles and 300 bike11 parking stations throughout the city. I12 believe the City of Philadelphia will13 follow the guidelines of the recently14 released Greenworks Plan Philadelphia15 from the City's Office of Sustainability,16 which states as Target No. 6 "to increase17 in-street bicycle parking."18 I also believe that with the19 increase of bicycle usage, there will be20 built in parts of Philadelphia new bike21 parking stations, similar to the auto22 parking lots or parking garages but for23 bicycles instead. Very similar to the24 McDonald's Bike Parking Station in25 27 5/13/09 - RULES - BILL 090127, etc.1 Millennium Park in Chicago, Illinois.2 With in-street bicycle parking3 and bike parking stations, I do not4 believe we will satisfy the demand for5 bicycle parking, but I am very concerned6 that a developer of new construction or a7 renovator of old construction would plead8 for an exemption to Ordinance 090190 in9 front of the Zoning Board of Adjustment10 if there was a public bike parking11 station or a bike parking station outside12 that development. I believe there should13 be an added safeguard to this ordinance.14 The safeguard that I would15 suggest would be for Section F.1, "No16 bike parking station, whether part of a17 system or independent, placed in the18 public right-of-way or on private19 property, near property covered by the20 requirements of this subsection, will21 absolve the building or parking lot owner22 or operator from the regulations of this23 subsection." And that a definition for24 "bike parking station, a facility,25 28 5/13/09 - RULES - BILL 090127, etc.1 attended or unattended, for shared use2 bicycle rentals and/or bicycle storage"3 be added in Section A.6, as a way to4 prevent the wonderful ideas and sections5 of this ordinance being implemented6 fully.7 I thank you very much for8 taking the time to listen to me. I hope9 that all of you are riding your bike to10 work this week. It's Bike to Work Week.11 I expect to see all of you at some time12 on a bike.13 Thank you very, very much.14
Thank15 you. Don't be around if I'm riding a16 bike.17
Yes.20 The Chair recognizes Councilwoman Brown.21
Thank you22 very much.23 Good morning. Mr. Meddin, if24 you could just return to your chair.25 29 5/13/09 - RULES - BILL 090127, etc.1 First of all, let me say thank2 you for your consistent advocacy on this3 issue and the strong voice you have been4 in this community around making5 Philadelphia one of the greenest cities6 in the country.7 You should know for the record8 that it was my pleasure to introduce this9 legislation as relates to promoting10 bicycle use, and anything that we can do11 to promote a healthier life-style for our12 citizens and remove greenhouse gases,13 which I know is your impetus in a lot of14 this, we must do.15 I want to, as I said, recognize16 your work, the work of the Planning17 Commission that was an intimate partner18 in this and the Bicycle Coalition for all19 of the work you've done in creating a20 blueprint for bike parking in a very21 strategic way and not in a haphazard way22 as we go down this road.23 So know that you have a24 commitment from my office. Once25 30 5/13/09 - RULES - BILL 090127, etc.1 Philadelphia moves to a place where we2 are dealing with public bicycle parking,3 then you have a commitment from my office4 that we'll work with you and the5 advocates to address that in a broader6 way as well.7
Thank13 you.14 Do we have any other witnesses15 to testify?16 Just a moment, please.17 The Chair recognizes Councilman18 Kelly.19
Mr. Meddin,20 first of all, I want to say that if you21 see me on a bicycle, you'd better get out22 of my way.23
I can't wait to24 see you on a bicycle, all of you.25 31 5/13/09 - RULES - BILL 090127, etc.1
But2 seriously, I want to thank you for all3 the work that you've been doing, because4 I think that one of the things we have to5 do is anything that we can do to relieve6 congestion in Center City especially is7 more than welcomed, and I think that I8 want to congratulate you, commend you on9 the hard work that you do. Thank you.10
Thank13 you.14 Are there any other witnesses15 on this bill that would like to testify?16 Anyone else that would like to testify on17 this bill?18 (No response.)19 COUNCIL PRESIDENT VERNA:20 Seeing no one, I would ask that we now21 consider Bill No. 090246.22
An ordinance to23 amend the Philadelphia Zoning Maps by24 changing the zoning designations of25 32 5/13/09 - RULES - BILL 090127, etc.1 certain areas of land located within an2 area bounded by Orthodox Street, Large3 Street and Adams Avenue.4 COUNCIL PRESIDENT VERNA:5 Mr. Kramer.6
Good morning,7 Council President Verna and members of8 the Rules Committee. I am William9 Kramer, Division Director of the10 Development Division of the Philadelphia11 City Planning Commission. I am here12 today to testify on Bill No. 090246,13 which was introduced into City Council14 March 26th of this year.15 This bill will rezone a parcel16 in the area of land bounded by Orthodox17 Street, Large Street and Adams Avenue18 from an existing zoning designation of19 "G-2" General Industrial to a new20 designation of "C-2" Commercial.21 This zoning change will permit22 the existing CORA Center to expand its23 operation without the necessity of a24 hearing before the Zoning Board of25 33 5/13/09 - RULES - BILL 090127, etc.1 Adjustment. There is no expansion of the2 existing structure proposed as part of3 the expansion of their operations.4 CORA currently provides5 after-school programs as well as GED and6 job career counseling programs at this7 location and wishes to add an all-day8 daycare center for approximately 509 children.10 The Philadelphia City Planning11 Commission at its meeting of April 21st,12 2009 recommended that Bill No. 090246 be13 approved.14 That is the conclusion of my15 testimony. I'd be happy to answer any16 questions that you may have.17
Thank18 you very much.19 I am led to believe that City20 Council had previously rezoned this land,21 but the plan approval and construction22 had been delayed. The original ordinance23 had a sunset provision; had it not?24
I'm not aware of25 34 5/13/09 - RULES - BILL 090127, etc.1 that particular aspect of this. That's2 possible, but I'm not aware of that.3
Okay.4 Do we have any questions from5 members of the Committee?6 (No response.)7 COUNCIL PRESIDENT VERNA:8 Seeing none, I would ask if there's9 anyone else that would like to testify?10 Do we have anyone that would like to11 testify on this bill?12 (Witnesses approached witness13 table.)14
Good morning,15 Madam President, members of the16 Committee. My name is Terry Devlin. I'm17 the Director of Government and Community18 Relations for CORA Services. With me is19 Anne Marie Schultz. She's Director of20 our Out-of-School Services Division.21 I was interested that there22 might not have been any questions, but23 your particular note regarding the sunset24 provision.25 35 5/13/09 - RULES - BILL 090127, etc.1
No.2 That's all right. Ignore that.3 I'm sorry. Please proceed.4
Thank you. I5 appreciate the opportunity just to be6 here and answer any questions if there7 were.8 The only addition I wanted to9 make in terms of what Mr. Kramer10 mentioned, of course, is that the11 provision to do this is the beginning of12 a process for us that will allow us to13 continue with the DPW regulations that14 are needed to turn it into a daycare15 center while at the same time continuing16 the programs that have been in place at17 our CORA Newman Center since 1980, and18 the creation of approximately ten to 1219 jobs with the advent of the daycare20 center will be a much-needed boost,21 especially for subsidized daycare slots22 in that Frankford community.23 So we appreciate the24 opportunity to make this presentation and25 36 5/13/09 - RULES - BILL 090127, etc.1 hope to get a favorable response from the2 Committee.3
Thank you, Madam6 President.7 COUNCIL PRESIDENT VERNA:8 You're welcome.9 The Chair recognizes10 Councilwoman Brown.11
Good12 morning. I'm well aware of the good work13 CORA has been doing for decades. Will14 the childcare center be for employees or15 for residents of CORA?16
And we recognize20 this, as the Councilwoman knows and has21 been kind enough to support us in the22 past. This was done not as an idea that23 came out of thin air. It was in response24 to some recognized needs in the community25 37 5/13/09 - RULES - BILL 090127, etc.1 for subsidized daycare slots. So while2 in fact employees may avail themselves of3 it, there aren't that many employees4 there that would. It will be mainly for5 the community.6
Thank11 you.12 Any other questions or comments13 from members of the Committee?14 (No response.)15
Thank20 you.21 Do we have anyone else that22 would like to testify?23 (No response.)24 COUNCIL PRESIDENT VERNA:25 38 5/13/09 - RULES - BILL 090127, etc.1 Seeing no one, I would ask Mr. Erickson2 to please read the title of Bill No.3 090296.4
An ordinance to5 amend the Philadelphia Zoning Maps by6 changing the zoning designations of7 certain areas of land located within an8 area bounded by Front Street, Lombard9 Street, 2nd Street and Pine Street, under10 certain terms and conditions.11 COUNCIL PRESIDENT VERNA:12 Mr. Kramer.13
Good morning,14 Council President Verna and members of15 the Rules Committee. I am William16 Kramer, Division Director for the17 Development Planning Division of the18 Philadelphia City Planning Commission.19 I'm here today to testify on Bill No.20 090296, which was introduced by21 Councilmember DiCicco on April 6th, 2009.22 This bill reenacts the23 provisions of Bill No. 080253-A by24 placing a new sunset provision on the25 39 5/13/09 - RULES - BILL 090127, etc.1 rezoning of certain areas of land bounded2 by Front Street, Lombard Street, 2nd3 Street and Pine Street, which lapsed on4 April 16th, 2009. The new sunset5 provision shall lapse on June 30th, 20106 unless a building permit has been issued7 or the Philadelphia City Planning8 Commission is granted an extension of up9 to one year upon determination by the10 Commission that the applicant is making11 substantial progress towards completion12 of the approved Plan of Development.13 As a result of Bill No. 090296,14 the parcel in the subject block will be15 rezoned from "C-2" Commercial to "C-4"16 Commercial, as was done in the original17 bill in order to accommodate the Stamper18 Square project.19 The Philadelphia City Planning20 Commission at its meeting of April 21st,21 2009 considered Bill No. 090296 and22 recommended that the bill be approved.23 This concludes my testimony. I24 appreciate the opportunity to appear and25 40 5/13/09 - RULES - BILL 090127, etc.1 would be happy to answer any questions2 you may have.3
Are4 there any questions from members of the5 Committee?6 (No response.)7 COUNCIL PRESIDENT VERNA:8 Mr. Erickson, who is our next witness?9
William Martin.12 I'm sorry.13 (Witnesses approached witness14 table.)15
Thank you, Madam18 President.19 COUNCIL PRESIDENT VERNA:20 Mr. Martin, I look at you and I think of21 the stadiums.22
Good morning,23 Madam President and members of the Rules24 Committee. My name is William Martin.25 41 5/13/09 - RULES - BILL 090127, etc.1 I'm a partner at the Philadelphia law2 firm of Fox Rothschild and counsel to3 Bridgeman's Development Real Estate, LLC.4 I am joined by Marc Stein, who is5 President of Bridgeman's Development.6 Bridgeman's Development is the7 developer of the proposed project on the8 parcel which is the subject of Bill No.9 090296, and Mr. Kramer in his testimony10 gave some of the history of both this11 bill and the bill that Council passed12 last year, 080253-A, so I'll skip a bit13 of my previously distributed prepared14 testimony.15 In the way of background, the16 delay in commencement of the project is17 attributable to two factors. First, the18 Historical Commission of Philadelphia19 asserted jurisdiction over the project20 based upon its interpretation of the21 applicable statute and regulations. My22 client cooperated with the Historical23 Commission, and the necessary approvals24 were received in November of 2008.25 42 5/13/09 - RULES - BILL 090127, etc.1 Unfortunately, the process of securing2 the Historical Commission approvals3 delayed final financing of the project.4 Once those approvals were in hand, the5 economy of the country and the region,6 and particularly the environment for the7 financing of real estate development8 projects, had considerably worsened. It9 was not possible to secure the necessary10 financing and commence construction by11 April 2009, the sunset date in the prior12 ordinance.13 The prior ordinance had14 anticipated a mechanism for extension of15 the period within which the developer16 could secure its building and zoning17 permits. Unfortunately, due to continued18 discussions between the staff of the19 Planning Commission and the City Law20 Department regarding the appropriate21 process for granting an extension of a22 permit window, once the need for formal23 Planning Commission approval was24 confirmed, the agenda for the March 200925 43 5/13/09 - RULES - BILL 090127, etc.1 meeting had already been advertised. The2 next subsequent meeting occurred after3 zoning rights provided by the 2008 bill4 arguably would have lapsed, and as such,5 my client agrees that the current bill,6 which is the subject of this hearing, is7 the necessary instrument to confirm the8 zoning that will allow for the Stamper9 Square development.10 Beyond these legal matters, let11 me speak to two practical points. First,12 my client continues to intend to develop13 the Stamper Square project as it was14 presented to City Council in connection15 with the spring 2008 rezoning and as16 presented in more detail to the City's17 Planning Commission in connection with18 its approval of the Plan of Development.19 The project has not changed in any20 respect.21 Second, significant strides22 have been made over the last month or two23 in the area of financing. Institutional24 investors with significant track records25 44 5/13/09 - RULES - BILL 090127, etc.1 have reviewed the project and have2 expressed sincere interest in teaming up3 with the Bridgeman's Development Real4 Estate. It's hoped that commitments will5 be in hand shortly. Closing of financing6 could occur as early as the fall,7 allowing for commencement of construction8 promptly thereafter.9 This project continues to be an10 exciting one, bringing new luxury hotel11 and condominium development to the12 Society Hill neighborhood, and we13 continue to be excited about it and14 appreciate your consideration of this15 ordinance.16 As I indicated, Mr. Stein is17 here with me, and together we're happy to18 answer any questions you may have.19
Thank20 you.21 Are there any questions or22 comments from members of the Committee?23 (No response.)24
Thank25 45 5/13/09 - RULES - BILL 090127, etc.1 you very much, Mr. Martin.2 Mr. Stein, thank you.3
Thank you. Nice to4 see you.5 COUNCIL PRESIDENT VERNA:6 Gentlemen, I would ask that you please7 remain. Thank you.8 Our next witness?9
Thank you, Madam13 President, members of the Committee. My14 name is William Ewing. I represent Kevin15 Boylan, who owns the property adjacent to16 this project at 119 Lombard Street. I17 testified on his behalf at the hearing18 last year.19 His house is a house that was20 built in 1740. The backyard -- this21 ordinance, as well as last year's,22 rezones his backyard, as well as the23 property in question. For some reason,24 that's the way it's structured. It would25 46 5/13/09 - RULES - BILL 090127, etc.1 put just behind his backyard, about six2 feet from the property line, a six-story3 building, whereas the previous zoning4 allowed 35 feet maximum. This is clearly5 out of proportion, scale and density to6 the neighboring properties, which is7 basically Headhouse Square, a farmers'8 market and historical properties.9 Society Hill Towers, which have10 been referred to to justify it, are some11 distance away and are separated from the12 neighboring properties by a large plaza.13 They are not six feet from the property14 line of a historic house. They are not15 nestled in a residential block as this16 property would be.17 Now, when zoning started -- our18 second problem is the process. When19 zoning started in the United States, it20 was challenged as an unconstitutional21 limitation on private property use. It22 was justified in the case of City of23 Euclid on the ground that it was24 justified by the public good when carried25 47 5/13/09 - RULES - BILL 090127, etc.1 out according to a Plan of Development.2 The issue is to avoid ad hoc3 development depending on the identity of4 the developer, and that is exactly what5 we have here. It is not being carried6 out according to a Plan of Development.7 It's one particular piece of property8 that's been singled out for treatment9 different from everything else nearby.10 Therefore, it's spot zoning. It is11 unconstitutional.12 The fact of this is shown by13 Mr. DiCicco, Councilman DiCicco's,14 testimony at the hearing last year when15 he said in response to the introduction16 of the letter he had sent two years17 earlier or three years earlier saying18 that he opposed any rezoning for this19 property. He said, But that was a20 different developer. That was a21 different project, which is exactly what22 shows spot zoning.23 Furthermore, the President of24 the Society Hill Civic Association25 48 5/13/09 - RULES - BILL 090127, etc.1 testified at that time that the only2 reason that they were supporting this3 zoning bill was because it was project4 specific.5 Now, this bill this year isn't6 even project specific. It is specific to7 this developer, but it allows the8 Planning Commission to allow a 30-story9 building or any other kind of change. It10 says that the zoning is changed if the11 development is according to the plans12 that were previously approved by the13 Planning Commission or any amended plan.14 So you're giving a wide open15 blank check to this developer under the16 different zoning, which is far beyond17 what this Council approved last year.18 Thank you very much. I'd be19 happy to answer any questions.20
Thank21 you very much.22 The Chair recognizes Councilman23 DiCicco.24 COUNCILMAN DiCICCO: Mr. Ewing?25 49 5/13/09 - RULES - BILL 090127, etc.1
Yes, sir.2 COUNCILMAN DiCICCO: I3 apologize. I was a little bit distracted4 during your testimony, but towards the5 end of your testimony, you said that this6 bill -- I'm not quoting you; I'm7 paraphrasing you -- changes the intent of8 the original bill?9
Yeah. The original10 bill basically approved a particular11 project.12 COUNCILMAN DiCICCO: Right.13
This allows that or14 any amendment, any amended Plan of15 Development approved by the Planning16 Commission. So it allows --17 COUNCILMAN DiCICCO:18 Thirty-story building?19
Right.20 COUNCILMAN DiCICCO: According21 to 150 e-mails, a 30-story building will22 be built there.23
I don't know what's24 going to be built there.25 50 5/13/09 - RULES - BILL 090127, etc.1 COUNCILMAN DiCICCO:2 Mr. Kramer, could you respond to that? I3 mean, I've gotten literally 150 or more4 e-mails since yesterday from concerned5 citizens, people I've been representing6 for a long time, and their concern is7 that if this bill is passed, that it will8 pretty much negate what we already9 approved a while back and open up an10 opportunity for the developer to come in11 and do a development that is entirely12 different than what was negotiated and13 approved by the community and supported14 by -- voted on by City Council.15 Could you speak to that?16
Part of the Plan19 of Development process, Mr. Ewing is20 correct, someone could come in and file21 an amended plan. However, if you were to22 file such an amended plan, it would mean23 that you would -- as the Planning24 Commission, we would make you go through25 51 5/13/09 - RULES - BILL 090127, etc.1 all the process where you go in, discuss2 the whole thing with the affected3 residential community, as well as with4 our staff, and then the whole thing would5 have public presentation to the6 Commission and would require the public7 meeting of the Planning Commission for8 approval of any amended plan.9 It's not as if it can't happen.10 It could, but there's a process by which11 you would go through, a very public12 process, for the vetting of whatever13 opportunities, whether it's a 30-story14 building -- and, frankly, what I know of15 this site, I think it would be difficult16 to arrange a building in such a manner.17 However, anything is in the world of18 possibility. Yes, it's possible, but it19 would require that it would go back20 before the Commission, and the21 Commission's response would be handling22 it as an amendment, and as an amendment23 we would at a minimum -- well, we would24 look at what the application was and we25 52 5/13/09 - RULES - BILL 090127, etc.1 would then make an evaluation of that,2 and we would as part of that require at a3 minimum it go back to the civic4 association involved, and in this5 particular instance, we would certainly6 make sure that the individual abutting7 neighbors were also apprised of what the8 new plan was. We would not take it9 further without that notification on10 record.11 COUNCILMAN DiCICCO: So, again,12 just to be clear, it's possible that this13 developer or another developer, should14 the interested parties become another15 entity, could always come back and ask16 for an amendment. That could be done any17 time.18
Correct.19 COUNCILMAN DiCICCO: Well, it's20 this bill or any other thing. Developers21 get approvals, and then because of the22 economies of scale or other reasons, they23 will come in and ask for some relief.24
Correct.25 53 5/13/09 - RULES - BILL 090127, etc.1 COUNCILMAN DiCICCO: I mean,2 that's normal; is that correct?3
That's correct,4 yes.5 COUNCILMAN DiCICCO: But there6 is a public process. I think what was7 put out yesterday and has gotten a lot of8 people anxious is that they feel that9 because it's not coming to City Council,10 that the public will be shut out of the11 process. There will be -- no one's12 concerns will be heard, and the Planning13 Commission will just make a decision or14 recommendation to approve based on what15 the Planning Commission believes is the16 appropriate use, should it be amended or17 requested to be amended, and not leaving18 the community -- allowing the community19 to be part of that discussion. I think20 you described that that is still going to21 be a public process where the residents22 and the District Councilperson, assuming23 I'm still around, would have an24 opportunity to be heard in front of the25 54 5/13/09 - RULES - BILL 090127, etc.1 Planning Commission as well.2
That is correct.3 I would add to that that any application4 or revised Plan of Development that came5 in that did not meet the base zoning6 requirements -- in other words, what this7 process was set up to deal with was to8 provide very stringent controls on a9 particular development process. However,10 it's my understanding of the way this11 would work, that if someone came in with12 a 30-story building, even if the Planning13 Commission approved that as a Plan of14 Development, if a 30-story building is15 not permitted based on FAR or whatever,16 the Department of Licenses and17 Inspections would still require that that18 go to the Zoning Board of Adjustment for19 formal approval there. It does not give20 the Planning Commission carte blanche as21 just approving that Plan of Development.22 It still has to meet the base zoning23 requirements as well.24 COUNCILMAN DiCICCO: Thank you.25 55 5/13/09 - RULES - BILL 090127, etc.1 I have no further questions.2
Thank3 you very much.4 Any other questions from5 members of the Committee?6 (No response.)7
I8 would ask that we call the next witness,9 please.10
Good morning.17 COUNCIL PRESIDENT VERNA:18 Kindly identify yourself for the record19 and proceed with your testimony.20
21 Thank you for allowing me to testify. My22 name is Benita Fair Langsdorf. 1 Civic Association upon becoming a2 resident and have been active in the3 Zoning and Historical Preservation4 Committee. 10 And I would like to start by11 saying that the Civic Association would12 very much like this project to go forward13 with this developer, the Plan of14 Development that was presented to you and15 to the City Planning Commission last year16 with this four-star luxury hotel and all17 the amenities and protections that we had18 agreed upon would go into this bill. 9 The current bill with the10 adding of that phraseology, which allows11 for amended Plan of Developments, allows12 that Plan of Development to be altered13 and all of those counts at the discretion14 of the City Planning Commission. And I15 understand the nature of this idea of 3016 stories, but for some of us, an17 additional five stories could be a18 significant amendment to that Plan of19 Development. 4 I appreciate everything you5 said about a public process being6 available, that if amendments were7 presented, that would happen. My8 question to you is, why not reword this9 bill so that we are in fact extending the10 original Plan of Development for the11 additional year, and if in fact the12 developer needs an amendment because of13 whatever concerns that you have raised14 here today, he then come back and ask for15 that rather than set forth in the bill16 the right for him to amend his Plan of17 Development? Because we don't know now18 what changes could occur. 8 Mr. Kramer, you heard the9 concerns. 11
The Plan of12 Development as was approved by the13 Commission in August of last year or at14 their August meeting is still the Plan of15 Development of record, and even under the16 old bill, the gentleman had the right to17 come in and amend that particular Plan of18 Development. So at this point, there's19 nothing to discuss in terms of20 amendments, because they haven't21 requested anything to be amended. And22 for them to go and obtain any permits to23 do anything on this, the plans that they24 submitted have to be in conformance with25 61 5/13/09 - RULES - BILL 090127, etc.1 the previously approved Plan of2 Development or they're not going3 anywhere. It would then -- if they came4 in with plans that were not in5 conformance, that would necessitate going6 through an amendment process to the Plan7 of Development, and that's where we would8 then have the public outreach.9
I understand10 that, but then once they've amended the11 plan and gotten the permits, it's a lot12 more difficult to then say, Sorry, we13 gave you a permit to build that amended14 plan, and you're not going to be --15 COUNCILMAN DiCICCO: But16 correct me if I'm wrong, Mr. Kramer,17 they're not going to get that amended18 plan approval until it goes through a19 public process.20
Well, then why22 can't they -- they're still then23 presenting the amendment and then getting24 their approval to build.25 62 5/13/09 - RULES - BILL 090127, etc.1 You know, I think it's the2 sequence of the process that we are3 concerned about, and I think that as the4 language says, as amended, and let's it5 at the discretion of the Planning6 Commission, it almost suggests that there7 could be amendments that we should8 expect. And we want the project with the9 current Plan of Development built,10 without amendments, and if they need11 amendments and if it has to be approved12 before the Planning Commission before13 they can get a permit to build, then let14 them at that point come forward and say,15 We would like to make some changes, and16 let the community have their input prior17 rather than after the fact. That's all18 we're asking.19 Let's keep the bill without20 amendments so that we are focusing on the21 Plan of Development that was presented to22 us originally that we all agreed to.23 That is the best outcome for this24 community.25 63 5/13/09 - RULES - BILL 090127, etc.1 COUNCILMAN DiCICCO: Well,2 majority agreed to.3
Well, we're4 supporting it now.5 COUNCILMAN DiCICCO: It's6 fourteen years. I'm still looking for7 that "all." I can't find it.8
Well, I'm9 sorry. Okay. I'm only living here four10 years. Let's say I've seen an incredible11 consensus since this has passed, and we12 want this project.13 COUNCILMAN DiCICCO: I hear14 what you're saying and I support what15 you're saying, but I think we're making a16 big deal over something that is not to be17 made a big deal over. There is still18 going to be a process. And in all the19 years I've been here -- and I've been20 involved, along with various communities21 throughout my district -- in numerous22 projects. For one reason or another --23 and I don't know of any that did not come24 in for some sort of an amendment. It's25 64 5/13/09 - RULES - BILL 090127, etc.1 just the nature of development.2 I don't know of any that came3 in at a certain height and wanted to4 double the height. I've never had5 anything to that extreme. There may be6 cases like that, but I'm not familiar7 with it. There may be some tweaking on8 areas where ingress and egress are being9 discussed or where truck unloading is,10 because once they get down to the11 nitty-gritty and lay out the footprint12 and work with Streets Department and13 other departments, as best as the plan14 was looked at and agreed upon, sometimes15 something may have been overlooked.16 I'm not minimizing your17 concern. I understand it, but I don't18 think it's the dooms day thing that if we19 do this bill, we, you are out of the20 process. That is not the case. I would21 never -- I've been a process guy all my22 life with this stuff, and sometimes I23 wonder why, because it does take a lot of24 time, but I think it's the right thing to25 65 5/13/09 - RULES - BILL 090127, etc.1 do. And in that same -- going along2 those same ideas, I was the guy who3 introduced the bill for the Zoning4 Commission. We all agree that the5 Planning Commission is really where these6 decisions need to be thought out and7 ultimately made the decision. I'm not a8 planner, and I don't know if any of my9 colleagues are planners.10 So this is kind of following11 that same line of removing not the public12 entirely, but removing or eliminating13 some of the obstacles that developers14 have to deal with to get a project done.15 I'm not giving them the clean16 bill of health. I'm not giving them17 carte blanche, but eliminating one of18 those levels of interference, if you19 will, that slows it down. And Planning20 Commission, that's their role. They're21 planners. They have the expertise. They22 have the tools. And it will come back23 for a public discussion if in fact the24 developer decides that he needs to make25 66 5/13/09 - RULES - BILL 090127, etc.1 some changes to the project that are not2 specific to what the original plan that3 we approved. That's always been the4 case.5
And I6 appreciate what you're saying. I guess7 that one of the issues is that we are8 concerned that City Council is taken out9 of the initial step, that the process is10 being changed.11 Please let me just finish.12 And as to the use, again, I13 would say that if the developer, any14 developer, can always come back and ask15 to be amended, why not do it -- let him16 come back and do it. And you certainly17 all understand what this project did to18 this community, the scope of the unrest19 and the factions and -- we want this20 behind us. We want to go forward, and we21 do want this project, and we want to make22 sure that that's -- I'll just throw out23 another thought. I mean, when you say24 "amend," the definition of amend is to25 67 5/13/09 - RULES - BILL 090127, etc.1 alter. There are no limitations on what2 can be amended.3 COUNCILMAN DiCICCO: There are.4 There would be, and I think Mr. Kramer5 explained there would be. I don't -- do6 you have anything to add, Mr. Kramer?7
No. At this10 point, it is allowing for due process to11 happen the way the bill is written now.12 It is the way the bill was originally13 done. It still allowed the same due14 process. We fortunately went through the15 due process, and as she's pointed out,16 we've come up with a Plan of Development17 that the community is happy with and18 wants to see go forward. We have no19 interest necessarily in amending it, but20 just to put it -- the kind of thing it21 might be is if they use one type of22 elevator versus another, it might change23 the height of it by five feet, but we24 won't know that until that all gets25 68 5/13/09 - RULES - BILL 090127, etc.1 specked out, and that's in the future.2 We won't know exactly -- the way it is is3 the way it is. And it does provide due4 process, so that's why it's there.5 COUNCILMAN DiCICCO: Thank you.6
Do we12 have anyone else to testify on this bill?13 (No response.)14 COUNCIL PRESIDENT VERNA:15 Seeing no one, I would ask Mr. Erickson16 to please read the title of Bill No.17 090295.18
An ordinance to19 amend the Philadelphia Zoning Maps by20 changing the zoning designations of21 certain areas of land located within an22 area bounded by 11th Street, Filbert23 Street, 8th Street and Market Street.24 (Witnesses approached witness25 69 5/13/09 - RULES - BILL 090127, etc.1 table.)2
I8 would like to remind my colleagues that9 testimony was taken on this bill at a10 hearing held on May 7th and it was11 recessed until today.12 Mr. Moles, good morning.13
Good morning. I14 have no further testimony to offer beyond15 what Mr. Ford offered last week. I'm16 here in the event there are any questions17 to be available to Council.18
Are19 there any members who have questions of20 Mr. Moles?21 (No response.)22 COUNCIL PRESIDENT VERNA:23 Apparently not.24
Chris Mrozinski8 from Pennsylvania Real Estate Investment9 Trust. I'm the Director of10 Redevelopment, and I just wanted to11 update Council on two items which were12 discussed last week, briefly update you13 on the progress with respect to the lease14 negotiations with Foxwoods as well as15 Gramercy, which is the owner of the upper16 floor condominium that was present last17 week.18 Regarding Foxwoods, we have had19 several productive meetings with the20 principals of the gaming partnership21 since last Thursday. These negotiations22 continue to move in a positive direction23 and we continue to believe we have two24 parties motivated to get a deal25 71 5/13/09 - RULES - BILL 090127, etc.1 accomplished.2 Regarding Gramercy, we have had3 productive conversations since last4 Thursday. Nothing has been resolved as5 of today, but the discussions are moving6 forward.7 And, in conclusion, as we8 stated last week, we believe that the9 Foxwoods casino would serve as a catalyst10 for the redevelopment of the Gallery,11 which would have a beneficial effect on12 the revitalization of Market East.13 Thank you.14
Thank15 you very much.16 Councilman DiCicco.17 COUNCILMAN DiCICCO: Thank you,18 Madam Chair.19 Just for the record, so we have20 a clear understanding, I will ask this21 Council to vote this bill out favorably22 today with a suspension, but I will not23 ask and call it up for a final vote until24 I'm satisfied that there has been25 72 5/13/09 - RULES - BILL 090127, etc.1 substantial progress made as it relates2 to the lease and the concerns with the3 upper floors. We have a few weeks to4 resolve that, and hopefully by us not5 asking for final approval, it will keep6 all the parties working overtime to get7 this done.8 Thank you.9 Thank you, Madam Chair.10
Thank12 you.13 Any questions or comments from14 members of the Committee?15 (No response.)16
Do we20 have anyone else to testify on this bill?21
Amy Michael, George22 Moy.23 (Witnesses approached witness24 table.)25 73 5/13/09 - RULES - BILL 090127, etc.1
My name is Amy5 Michael and I am a resident of Washington6 Square.7 The old Strawbridge and8 Clothier Building site should not be9 rezoned to a category CED designation for10 many reasons. I will speak to the issue11 of whether an agreement between owners of12 that building and the owners of the13 proposed Foxwoods gambling casino to14 operate Foxwoods casino at that site15 would help revitalize the Market Street16 corridor.17 Representatives of the18 Philadelphia Planning Commission have19 pronounced that permitting 801 Chestnut20 Street to house Foxwoods casino will21 jump-start the rehabilitation of the22 Market Street corridor. It will not.23 PREIT has been the lessor of the shops in24 Gallery East for many years. I have25 74 5/13/09 - RULES - BILL 090127, etc.1 walked through the Gallery for many, many2 years. I have not viewed any major3 redesign or upgrading of the interior.4 No upscale tenants have occupied the5 store rentals. The site has been run6 down and neglected.7 Now PREIT seeks to rent space8 to Foxwoods casino and another building9 at the Market Street corridor. Foxwoods10 casino will not revitalize the area. How11 can it? Casinos bring problems that12 de-value and harm business areas and13 residential communities. That is the14 honest truth buttressed by facts.15 Everyone sitting in this room knows this.16 If PREIT wants to engage in a17 business dealing with Foxwoods, let it18 open a casino at their Cherry Hill Mall19 next to their new tenant Nordstrom's20 Department Store. One could gamble and21 then they could buy shoes.22 Foxwoods and PREIT are not23 primarily interested in the24 revitalization of the Market Street25 75 5/13/09 - RULES - BILL 090127, etc.1 corridor. The highly educated and2 professional City planners know that3 casinos are not the answer to good, sane4 urban planning. They caved into5 political pressure at the expense of6 integrity.7 Now we learn that Gramercy8 Capital has been involved in the lessor9 lease negotiations as the owner of six10 floors of 801 Market Street. They have11 already leased space to government12 agencies, banks and other businesses.13 Why can't PREIT lease their floors to14 similar kinds of tenants? PREIT would15 still make a profit, although maybe not16 as great, but they would gain the17 reputation as leaders in promoting the18 long-term growth of business for19 Philadelphia's economy and preserving the20 dignity of our historic neighborhoods.21 Government should encourage22 legitimate economic growth while23 maintaining Philadelphia's historic24 legacy.25 76 5/13/09 - RULES - BILL 090127, etc.1 Thank you.2
Thank3 you.4 Any questions from members of5 the Committee of this witness?6 (No response.)7 COUNCIL PRESIDENT VERNA:8 Seeing none, thank you.9 Good morning.10
My memory isn't all19 that great in terms of whose face is20 whose name, but nevertheless, I'm very21 concerned about the casinos being22 proposed at Market Street East.23 First of all, I want to24 apologize if my last testimony on25 77 5/13/09 - RULES - BILL 090127, etc.1 Thursday of last week might have offended2 anyone when I used the term "political"3 or "politics." To me it's the term4 that's used to describe how the democracy5 works. You give and take and you make a6 decision. That's democracy.7 When I stated that I thought8 the Councilman was influenced because9 there was more voters in South10 Philadelphia than Chinatown, I have to11 explain that. Many of our adults don't12 register to vote because they have13 language problems, and I'm thinking in14 terms of Chinatown versus South15 Philadelphia.16 I don't want to belabor the17 issue. All I can do now is hope and pray18 that some event, change of mind, will19 stymie the casinos from ever opening20 their doors, and that the majority of the21 people of the City of Philadelphia22 regarding casinos will be the ultimate23 winner.24 Thank you.25 78 5/13/09 - RULES - BILL 090127, etc.1
Thank2 you very much.3 Do we have anyone else to4 testify on this bill?5 (No response.)6 COUNCIL PRESIDENT VERNA:7 Seeing no one, this will conclude our8 public hearing. We will now go into our9 public meeting.10
Madam11 Chair, I did want to acknowledge having12 an amendment to my bill, technical13 amendment.14
Yes.15 The Chair recognizes Councilman16 DiCicco regarding Bill No. 090127.17 COUNCILMAN DiCICCO: Thank you,18 Madam Chair. I move that the amendment19 to Bill No. 090127, a copy of which has20 been supplied to each member of this21 Committee, be approved.22 (Duly seconded.)23
It24 has been moved and seconded that the25 79 5/13/09 - RULES - BILL 090127, etc.1 amendment be adopted.2 All in favor will say aye.3 (Aye.)4
The8 ayes have it and the motion carries.9 Again, the Chair recognizes10 Councilman DiCicco.11 COUNCILMAN DiCICCO: Thank you,12 Madam Chair. I move that Bill No.13 090127, as amended, be reported out of14 this Committee with a favorable15 recommendation and a further16 recommendation that the rules of Council17 be suspended.18 (Duly seconded.)19
It20 has been moved and seconded that Bill No.21 090127 be reported out of Committee with22 a favorable recommendation, as amended;23 further, that the rules of Council be24 suspended so as to permit first reading25 80 5/13/09 - RULES - BILL 090127, etc.1 at our next session of Council.2 All in favor will say aye.3 (Aye.)4
The8 ayes have it and the motion carries.9 The Chair now recognizes10 Councilwoman Brown regarding Bill No.11 090190.12
Thank you,13 Madam President. Please move that Bill14 No. 090190 be amended.15 (Duly seconded.)16
It17 has been moved and seconded that the18 amendment as circulated be adopted.19 All in favor will say aye.20 (Aye.)21
The25 81 5/13/09 - RULES - BILL 090127, etc.1 ayes have it and the motion carries.2 Again, the Chair recognizes3 Councilwoman Brown.4
Thank you,5 Madam President. I move that Bill No.6 090190, as amended, be moved with a7 favorable recommendation, and further8 move that the rules of Council be9 suspended so as to permit first reading.10 (Duly seconded.)11
It12 has been moved and properly seconded that13 Bill No. 090190 be reported out of14 Committee with a favorable15 recommendation, as amended; further, that16 the rules of Council be suspended so as17 to permit first reading at our next18 session of Council.19 All in favor will say aye.20 (Aye.)21
The25 82 5/13/09 - RULES - BILL 090127, etc.1 ayes have it and the motion carries.2 The Chair recognizes Councilman3 Greenlee regarding Bill No. 090246.4
Thank5 you, Madam President. I move that Bill6 No. 090246 be reported out of this7 Committee with a favorable8 recommendation; further, that the rules9 of Council be suspended to allow for10 first reading at our next session of11 Council.12 (Duly seconded.)13
It14 has been moved and seconded that Bill No.15 090246 be reported out of Committee with16 a favorable recommendation; further, that17 the rules of Council be suspended so as18 to permit first reading at our next19 session of Council.20 All in favor will say aye.21 (Aye.)22
Those23 opposed?24 (No response.)25 83 5/13/09 - RULES - BILL 090127, etc.1
The2 ayes have it and the motion carries.3 The Chair recognizes Councilman4 DiCicco regarding Bill No. 090296.5 COUNCILMAN DiCICCO: Thank you,6 Madam Chair.7
Madam Chair,10 I'd like to go on record as recusing11 myself from voting on Bill No. 09029612 because of my personal relationship with13 one of the developers in this project.14
Very15 well.16 COUNCILMAN DiCICCO: Thank you,17 Madam Chair. I move that Bill No. 09029618 be reported out of this Committee with a19 favorable recommendation and that the20 rules of Council be suspended so as to21 permit first reading at our next session22 of City Council.23 (Duly seconded.)24
It25 84 5/13/09 - RULES - BILL 090127, etc.1 has been moved and seconded that Bill No.2 090296 be reported out of Committee with3 a favorable recommendation; further, that4 the rules of Council be suspended so as5 to permit first reading at our next6 session of Council.7 All in favor will say aye.8 (Aye.)9
The13 ayes have it, the motion carries, and the14 record will reflect that Councilman Kelly15 recused himself on this bill.16 The Chair now recognizes17 Councilman DiCicco regarding Bill No.18 090295.19 COUNCILMAN DiCICCO: Thank you,20 Madam Chair. I move that Bill No. 09029521 be reported out of this Committee with a22 favorable recommendation and, further,23 that the rules of Council be suspended so24 as to permit first reading at our next25 85 5/13/09 - RULES - BILL 090127, etc.1 session of City Council.2 (Duly seconded.)3
It4 has been moved and seconded that Bill No.5 090295 be reported out of Committee with6 a favorable recommendation; further, that7 the rules of Council be suspended so as8 to permit first reading at our next9 session of Council.10 All in favor will say aye.11 (Aye.)12
The16 ayes have it and the motion carries.17 This concludes our public18 meeting.19 Thank you all very much.20 (Committee on Rules adjourned21 at 11:40 a.m.)22 - - -23 24 25 86 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 May 13, 2009, and that7 this is a true and correct transcript of same.8 9 10 11 12 13 ______________________________14 MICHELE L. MURPHY15 RPR-Notary Public16 17 18 (The foregoing certification of this19 transcript does not apply to any reproduction20 of the same by any means, unless under the21 direct control and/or supervision of the22 certifying reporter.)23 24 25