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Committee Hearing, June 7, 2011

Minutes from Philadelphia City Council Committee Hearings, Jun 7, 2011

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Ms. Kindt

Hello. My name is25 408 6.7.11 - RULES - BILL 1006781 Stephanie Kindt. I'm here on behalf of2 SCRUB, the public voice for public space.3 The primary issue is the4 proximity to residences and the5 compliance with our own Philadelphia6 Zoning Code. So the billboards that are7 located along 95, many of them are not8 within our current zoning. They're on9 top of houses, next to houses.10 So there's an incredible11 opportunity right now, as I-95 is12 expanding, to come into compliance with13 our current laws.14 The consent agreement is15 actually being disputed right now in the16 court system, whether or not a government17 can contract away its own zoning laws.18 So in Los Angeles and in19 several other cities, where similar20 agreements were formed with the outdoor21 industry, those agreements have been22 thrown out.23 So when you have a billboard24 that's too close to an exit or an25 409 6.7.11 - RULES - BILL 1006781 entrance, when it's too close to a park2 or church, you can't contract away the3 City's laws.4 So right now, the nonconforming5 billboard along I-95, there's an6 opportunity, when they come down, to put7 them back in compliance, or not put them8 back up at all.9 So you can see examples of10 billboards, and some of them are way too11 tall, the size is not in compliance.12 Some of them literally hang over homes.13

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Ms. Kindt

And sign owners7 have been compensated. They've already8 been paid for their signs, they've9 already been paid for the structures.10 Just like if you had a house there, you11 were paid for your structure.12 So this would be like someone13 being allowed to rebuild their home in14 your backyard just because they were15 forced to move.16 So if it's non-compliant now,17 it shouldn't be allowed to continue with18 a non-compliant use.19 So we would ask that you not20 support this and support all of the21 neighborhood revitalization and22 redevelopment that's happening along 9523 right now. There are so many efforts24 with vacant land, taking back that land25 412 6.7.11 - RULES - BILL 1006781 underneath 95, all kinds of creative2 solutions. Billboard is not the highest3 and best use.4 And thank you so much.5

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Mr. Steen

My name is Terry4 Steen, the President of Steen Outdoor5 Advertising, in Philadelphia.6 I usually like to sit these7 things out and not to get too hot under8 the collar. However, I'm upset. And I'm9 upset because several photographs were10 shown showing my billboards in the11 vicinity of houses.12 When these billboards were13 built, the land was industrial zoning.14 When these billboards -- the pictures15 were taken, the land is still industrial16 zoning.17 By inference, it is suggested18 that if somebody has an industrial use19 and they happen to build a house near20 that industrial use, that industrial use21 should be eliminated.22 I question the legality of23 that. I question the realty of a taking24 block compensation.25 415 6.7.11 - RULES - BILL 1006781 These properties all over2 Philadelphia had all kinds of goofy3 zoning through the years, which I know4 there's a committee trying to change it5 around.6

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Mr. Steen

There was mixed9 zoning. 13 Now, just let me -- bear with14 me a few minutes because I have not15 testified ever in the years we've been in16 business. We started in business in17 1930. 19 I'm a resident of Philadelphia. I have20 our national headquarters in21 Philadelphia. 23 I don't have to be in24 Philadelphia, but I'm here. 2 We have several hundred3 employees. 8 But Steen Outdoor Advertising9 is what I'm known for in Philadelphia,10 and I'm here. I pay my taxes, I'm in11 Councilman DiCicco's. 13 Just a couple points. 19 Outdoor advertising is usually20 an advertisement, a message, or21 information that is placed on property22 which is not connected with that physical23 location of that ad, of that sign. 11 - RULES - BILL 1006781 messages. million9 in free advertising for charities and10 public service. million. 4 million that we gave free16 advertising to local businesses,17 businesses that couldn't afford18 advertising. 20 And historically, from my21 experience, your most vibrant cities and22 areas are those that have vibrant outdoor23 advertising. 11 - RULES - BILL 1006781 die. This is proven. 8 The golden years of9 Philadelphia, the golden years when10 Philadelphia had its greatest growth, you11 had a lot more outdoor advertising than12 you have today. In the last 25 years, my13 company has had -- we had about 800 signs14 in Philadelphia twenty-some years ago;15 now we have about 150. 18 Who is outdoor advertising? 22 Not only are we national companies but23 we're also local companies. I'm a local24 company. 11 - RULES - BILL 1006781 I pay taxes, I hire at good wages, and we2 don't lay people off. And I'm shaking a3 little bit because I didn't take my4 medication. 6 In 2010, when I did my analysis7 my numbers for my company -- and I'm sure8 it mirrors the other companies -- travel9 and tourism, travel and tourism, which is10 movie theaters, travel, shopping,11 sightseeing, 31 percent of my business12 was on travel and tourism in Philadelphia13 signs. Signs physically located in14 Philadelphia, 31 percent was travel and15 tourism. Consumer goods, clothing16 retail, 18 percent. Media, you know, TV17 stations and radio, 8 percent. Food, 418 percent. Restaurants, fast food, 1219 percent. Education, 11 percent. Medical20 12 percent. 24 Another thing. 11 - RULES - BILL 1006781 company, as well as the other companies,2 are losing many locations. We're not3 being compensated. 7 How would you like it if you8 have a shoe store, a shopping center, and9 somebody comes along and wants to put up10 a highway by your -- take your property11 away and only pay you for the mortar, the12 bricks and mortar of the property, but13 that's the real estate value. 11 - RULES - BILL 1006781 down. Thank you for your --2

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Ms. Tracy

She is, but one13 thing she -- one point -- and I'd just14 like the Councilmembers to think about15 this, and that is, the neighborhoods, the16 people who live in these places whose17 homes and neighborhoods have been divided18 by I-95. And after that, the billboards19 came. They have an opportunity to clear20 that.21 And I would say this bill, you22 know, if they want to rebuild their23 billboards, but they shouldn't be able --24 there is a stipulation in there that if25 423 6.7.11 - RULES - BILL 1006781 they can't find a spot that's 500 feet2 from a residential property, then they3 can put it the same distance that it is4 now. And I think the same height, I5 think it should come into compliance with6 height and with size.7 I think those amendments would8 be fair to the neighborhoods and would be9 fair to the owners.10

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Councilman Kenney

Seeing15 none, we will now to Bill No. 100720,16 which is an ordinance amending Title 9 of17 the Philadelphia Code, entitled18 "Regulation of Businesses, Trades and19 Professions," and Title 14 of the20 Philadelphia Code, entitled "Zoning and21 Planning," by adding special provisions22 regulating advertising signs in23 Designated Commercial Advertising24 Districts; designating Market Street25 424 6.7.11 - RULES - BILL 1007201 between Seventh Street and 13th Street as2 a Commercial Advertising District; and3 making conforming amendments to other4 provisions of the Philadelphia Code5 regulating advertising signs; and6 amending Chapter 19-3400, entitled7 "Excise Tax on Outdoor Advertising8 Transaction," by imposing a tax on these9 signs, all under certain terms and10 conditions.11 Please identify yourself for12 the record and proceed with your13 testimony.14

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Mr. Greenberger

Good15 afternoon, Mr. Chairman and members of16 the Committee on Rules. 16 Market Street is arguably one17 of the most significant corridors in the18 City. 11 In the last few decades, Market12 East has experienced a decline in13 commercial activity, and the creation of14 the Gallery was an early effort to boost15 the economy along Market East. 11 - RULES - BILL 1007201 Despite the corridor's inherent2 strengths and renewed interest in3 investment, many of the properties in4 this area, both built upon and vacant,5 continue to underperform. 9 To help address this10 disconnect, the Philadelphia City11 Planning Commission established the12 Market East Plan in 2009. 17 One of the many issues18 addressed in the Market East Plan is the19 overall quality of the properties in the20 area. Many of the buildings in the21 corridor are poorly maintained and in22 need of significant renovations and23 repairs. 2 The conditions of these3 properties are limiting the full4 commercial potential of the corridor and5 detracting from the experience of area6 patrons. 11 In the past, that funding would12 have been the federal or state13 government. 15 Bill 100720 is one such16 creative solution to this issue. If the17 proposed amendments are adopted, the bill18 would allow for the creation of a Market19 East Advertising District between Seventh20 Street and 13th Street. 2

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Mr. Greenberger

I can think8 of a couple. They're not obviously in9 Philadelphia.10 But for example, if you go to11 the Penn Station area of New York, 34th12 and Seventh Avenue, there's a series of13 pavilions that are located at corners --14 in this case, with vertical signage above15 them on a structure. We've seen -- the16 signs are probably 30 feet high, I'm17 going to guess, by maybe 10 feet wide.18 They're advertising, as we've19 been talking about today. They give a20 lot of life to the area. I've seen these21 kind of signs actually in many cities the22 world over. Some of them are static23 signs, a lot of them are static. Some of24 them are electronic.25 431 6.7.11 - RULES - BILL 1007201 I'm sure I could reel off more2 examples.3

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Councilman Kenney

I'm trying4 to give the record a flavor of what we're5 talking about. For example, one of the6 things -- and it wasn't necessarily7 advertising, but an electronic treatment8 recently during the Festival of the Arts9 on Broad, you know, the cube was just10 phenomenal. I mean, it was -- it changed11 that intersection tremendously.12 And, of course, there were13 artistic things that were going on. It14 wasn't necessarily -- I think there may15 have been even been advertising, but it16 was --17

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Mr. Greenberger

Yeah. It was4 probably bigger than people think it was,5 although it certainly wasn't the size of6 some of these. But we're dealing with a7 very big street that, frankly, is not8 very activated at the moment.9 So the thing that's interesting10 here is that I don't know if another city11 that has tried to tie the use of this12 both to creating vibrancy on a street but13 also tying it very specifically to14 economic development that benefits the15 public.16

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Mr. Levy

Good afternoon. My18 name is Paul Levy. 20 And given the time, I will try21 to be brief. 11 - RULES - BILL 1007201 supporting this. 7 A simple story Alan went over8 very quickly, but this was the major9 street of the 19th century for shopping10 in the City, and you'll notice every one11 of those buildings has large advertising12 on it. 17 The street, as many know, began18 to go into decline in the 1950s. And in19 that period of time, we had 17 regional20 shopping centers built outside the21 downtown. 23 We began a process of24 revitalization in 1977. 10 Beginning in the '90s, this11 city began a huge investment in the12 hospital industry. Going from the east,13 Independence Visitor Center and a new14 home for the Liberty Bell, those were the15 number-one and number-two destinations in16 the City. In terms of visitation, the17 Constitution Center, the President's18 House. 24 It's a simple message. 11 - RULES - BILL 1007201 street has enormous opportunity based on2 investment and hospitality and3 convention, but it's a hole in the middle4 of the donut. 13 As Alan said, virtually all of14 the major buildings -- and John Connors,15 who's done almost all the historic16 preservation on the street was using17 federal incentives that are no longer18 there. 2 I think, Councilman Kenney, you3 raised this on . We have a4 digital moving screen in front of the5 Kimmel Center. We have checked with6 traffic police; there have been no7 accidents there. 12 I want to emphasize on the13 bottom of 17 that all of those one-story14 buildings cannot stick signs on their15 roof based on this ordinance because they16 fail to meet the minimum width. 4 And then, as Alan said, a5 minimum of 10 million must be invested6 back into these buildings. 8 I will just say, in a9 comparison, that this is more10 conservative -- far more conservative11 than New York, far more conservative than12 Los Angeles, far more conservative than13 Toronto. 15 The last image is hard to16 interpret, but we did a computer17 modeling, looking from all the high-rise18 apartments and condominiums in Society19 Hill. 23 I think Nick is going next. )2

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Mr. Bauer

My name is Dennis9 Bauer. I'm with the law firm of Saul10 Ewing, and we represent the Pennsylvania11 Real Estate Investment Trust, PREIT.12 I'll just keep my remarks very brief.13 PREIT, as you know, has14 substantial interest in the district15 that's proposed -- the Gallery and16 Strawbridge -- and PREIT strongly17 believes that this is an important tool18 for the redevelopment of that19 neighborhood in which it has such a20 substantial interest.21 And with that, I conclude my22 comments.23

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Councilman Kenney

Thank you.24 Who's next?25 441 6.7.11 - RULES - BILL 1007201 (Witness comes forward.)2 MR SOENS: I'm Pete Soens, from3 SSH Real Estate. And just by way of4 background, we own nine office buildings5 in Philadelphia along with our partners,6 seven of which are east of Broad Street,7 and we just recently completed a8 $30 million apartment renovation of an9 office building at Twelfth and Chestnut10 into 100 high-end apartment units. So we11 have a very large stake in Market East12 and in the long-term success of the13 corridor.14 We acquired the Girard Estate15 site about three years ago and have been16 working towards different development17 options and plans to try to develop the18 site or certain parcels.19 We focus most of our attention20 on the Market Street building, which is21 the first building you see on the handout22 there, based on the location across the23 street from the Loew's to the Marriott24 and the entrance of the Convention25 442 6.7.11 - RULES - BILL 1007201 Center.2 We incorporated the sign3 district bill into our marketing efforts.4 And through that, we've been able to5 secure an anchor retail tenant for6 200,000 square feet that we're7 negotiating a lease with now that would,8 in essence, you know, kick off this9 project.10 And, basically, they -- the11 sign district bill did two things for us.12 It, one, created some excitement and some13 vitality for this anchor tenant to14 believe that there's a long-term plan for15 Market East.16 And it also, as Paul mentioned,17 kind of helped the revenue to bridge that18 gap, which has been the biggest issue in19 Philadelphia. The rents don't support20 new construction, but that helped with21 that.22 The result is really on of your handout, which is a 450,000-24 square-foot retail center, with the25 443 6.7.11 - RULES - BILL 1007201 anchor tenant on two floors, and then the2 second floor and first floor will be3 additional national retailers that will4 come in with them, parking underground,5 and we're going to also open up the6 concourse to the subway below, which will7 be a big amenity for the commuters in the8 City.9 So I think the last page is10 important because it shows, as Paul said,11 we had our architect maximize to give you12 really a good visual of what this will13 look like on a new building in the14 rendering.15 And the third page shows that16 we maximized the amount of signage that17 could be put on the building based in18 compliance with the ordinance19 So we think the --20 esthetically, I think the picture is, you21 know, is very clear on the difference in22 quality of the first building and the new23 building.24 And the economic impact lastly25 444 6.7.11 - RULES - BILL 1007201 is 1334 jobs, 687 of which would be2 long-term, permanent annual jobs in the3 city. And we think without the sign4 district bill, this will not be a reality5 And we appreciate your6 consideration. Thank you.7

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Mr. Levy

A very sad20 commentary. The concierges of the hotels21 on East Market Street direct all of their22 people to go West Walnut Street in the23 evening 'cause there's no vitality on the24 street.25 445 6.7.11 - RULES - BILL 1007201 We think between what PREIT is2 proposing to do with the Gallery with3 restaurants and cafés and what SHS is4 proposing to do really can add life,5 street life, and capture the economy of6 the hospitality evening economy, which7 will be very helpful.8

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Mr. Connors

22 And 2011 marks 25 years on East23 Market Street for Brickstone. 11 - RULES - BILL 1007201 square feet of Class A development at a2 cost -- an initial cost of just about a3 half a billion dollars. 9 So we have been toiling on East10 Market Street for the better part of11 two-and-a-half decades, most of my adult12 life. 15 And we are delighted that we16 have new partners in the endeavor. When17 we started, we had Wanamaker's and18 Strawbridge & Clothier, and Reading19 Company and PNB and Stern's and Rohm and20 Haas, all of which are now extinct. 22 And we have been promoting the23 idea of large-format signs for the better24 part of six or seven years now. 3 You're exactly right when you4 say that the environment will be5 dramatically changed by the large-format6 sign package. 17 It is also true that18 speculative investment on East Market19 Street is probably not possible without20 some help. 11 - RULES - BILL 1007201 So we need other tools to help2 make this happen. 5 There seems to be a particular6 aversion to signage on historic7 properties, and I wanted to address that8 as well because, obviously, we have a9 vested interest in those historic10 properties. 15 It has -- it's sort of ironic16 that when we were doing the renovations,17 the guidelines under the Secretary of the18 Interior's process for certification19 would not have allowed us to do the20 Wanamaker Building or the Litt Brothers21 Building or, for that matter, the City22 Hall Annex. 11 - RULES - BILL 1007201 there's was, there's no such thing as an2 880,000-square-foot heritage icon. 10 We are constitutionally11 incapable of desecrating a historic12 structure. 14 Litt Brothers has historically15 had, since its inception, rooftop signage16 approximately 16 feet high and 600 feet17 long. And in the handout that I gave18 you, you can see from it's earliest19 inception in 1898, that signage was20 there. 6 But I think that it would be7 just one more element that would make the8 street more dynamic, the property that9 much more dynamic. 12 I don't think -- and, by the13 way, there's no attempt to sidestep the14 historic process or anything else. 23

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Councilman Clarke

Real quick.10 This is pretty exciting stuff.11 Mr. Greenberger, I've actually12 had conversations with Councilman DiCicco13 over the last year or so about, you know,14 the process that he had established in15 working through the lighting of Market16 Street and had some areas that I'd like17 to see developed, that needed some level18 of stimulus -- not necessarily money from19 the federal government, but possibly from20 other outside sources of revenue.21 And looking at North Broad --22 and I don't want to be specific in terms23 of the location 'cause I don't want to24 give people a heads-up on where the next25 452 6.7.11 - RULES - BILL 1007201 level of opposition may be.2 But my question is from the3 City's perspective, a planning4 perspective, is this type of development5 something that you could -- you, the6 City, or the Planning Commission could7 conceivably support in areas other than8 East Market or traditional downtown9 areas, up in maybe other commercial10 corridors, on larger corridors?11 Just generally. And I know you12 can't -- you're not responding to a13 specific location, but where would you14 guys come down on something like that?15

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Mr. Greenberger

So it just20 simply wasn't discussed.21 However, as you know, we're22 deeply interested in places like North23 Broad Street. And I don't want to say24 never say never.25 453 6.7.11 - RULES - BILL 1007201 What I'd like to see happen is2 this take root in a place like Market3 East and see how it does, prove the4 point, and show what it can do:5 Demonstrate that it does the economic6 development, which is important, and7 demonstrate that the character of the8 street that would come as a result of it9 is agreeable and would be an exciting10 thing.11 So for me, that's my first12 order of business.13 If that proves out and then14 there's a belief that that has15 applicability elsewhere, of course we'd16 want to talk about that, absolutely.17 Separate but sort of related to18 it, not related necessarily to the signs,19 but we're deeply interested in working20 with you and other Councilmembers to find21 similar kinds of economic-development22 tools that we might be able to apply in23 other areas of the City that are specific24 to both improvement of character of place25 454 6.7.11 - RULES - BILL 1007201 as well as the capacity to do economic2 development.3 So in another area of the City,4 it might not be signs; it might be5 something else.6

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Councilman Clarke

Does that6 mean until this is approved, first of7 all, and then developed, and then there's8 an analysis done on the economic health9 of the project, you would not be10 interested in considering something in11 another location that somebody might, six12 months from now, say, You know what? I13 like what's being proposed down there.14 I'm interested in developing something15 like that.16 Would your response be, Well,17 you have to wait until three, four, five18 years, six years, until this thing on19 Market Street is done?20

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Mr. Greenberger

No. I know21 your question, and I don't think it's22 that kind of time period. I think we23 need to see over the next probably year24 or two whether projects start to form.25 456 6.7.11 - RULES - BILL 1007201 You know, I mean, getting done2 is one thing. I'd like to just see them3 get formed, get financing, and feel like4 they're moving ahead.5 If we see real signs that this6 tool helps do that, obviously, we'd be7 interested, then, in having another8 discussion, or other discussions, about9 other areas.10 And that said, I don't think11 this is a tool that you would just12 generally apply to any area of the City.13

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Mr. Leech

My nature is Ben3 Leech. I'm the Director of Advocacy for4 the Preservation Alliance. John Gallery5 has prepared a statement that he'd like6 to put into the record.7 The proposed amendments to Bill8 100720 result in a bill that is highly9 unfavorable to the important historic10 landmark buildings located along Market11 Street. The Preservation Alliance urges12 you not to approve Bill 100720 in its13 current form.14 Market Street, between Seventh15 and 13th, contains many of Philadelphia's16 most outstanding historic buildings.17 These include Litt Brothers, Strawbridge18 & Clothier, the Reading Terminal19 Headhouse, PSFS. All these buildings are20 listed on the Philadelphia Register of21 Historic Places and on the National22 Register of Historic Places.23 In addition, most of the24 buildings on the south side of Market25 460 6.7.11 - RULES - BILL 1007201 between Seventh and Eighth are also2 listed on the National Register.3 Allowing large-format signs on4 any of these historic buildings is5 inappropriate and would significantly6 detract from the primary reasons visitors7 come to Philadelphia; that is to8 appreciate its historic character.9 Moreover, all of these10 buildings are generally in very good11 condition and are not poorly maintained,12 underperforming, or outmoded, the terms13 used in the bill to define why14 large-format signs should be testified on15 buildings in the Market East area.16 The version of this bill,17 introduced in October 2010, explicitly18 stated in Section 14-1604-249(A) that19 historic buildings would be excluded from20 this bill unless, during its history,21 that building had an exterior sign22 equivalent to the one proposed.23 This was a minimally acceptable24 provision. However, as the Preservation25 461 6.7.11 - RULES - BILL 1007201 Alliance stated in previous comments on2 this bill, no such signs should be3 allowed on any of these historic4 buildings.5 We are also concerned that the6 signs on these buildings abut historic7 buildings and will detract from these8 buildings, and are concerned that9 allowing a sign to turn the corner along10 South 12th Street will have a very11 negative effect on the PSFS Building.12 As we know, the second floor is13 the Lowe's Hotel main ballroom, and it14 has a very large glass window facing15 east. A large-format sign across the16 street may have a negative impact on the17 use of this ballroom for events and a18 negative impact on the hotel.19 We urge the committee to reject20 this bill or to amend the bill to21 prohibit large-format signs on any22 historic building listed on the23 Philadelphia Register or abutting any24 building listed on the Philadelphia25 462 6.7.11 - RULES - BILL 1007201 Register.2 COUNCILMAN DiCICCO: I just3 have a question.4 The last paragraph before the5 last, "We are concerned that signs on6 buildings that abut historical buildings7 will detract from these buildings."8 You've mentioned the PSFS Building.9

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Mr. Wexler

My name is Steven9 Wexler, and I'm President of Society Hill10 Civic Association.11 I am here this afternoon out of12 two concerns. One is for my constituents13 and myself concerning large-format,14 programmable digital advertising and the15 visibility of same from Society Hill.16 There seems to be a rather17 informal criteria developing in the18 Planning Commission and in Council19 regarding visibility and visual intrusion20 of advertising signs that are coming into21 our culture and its visibility from the22 residences.23 We have seen this happen24 several times in individual cases, from25 464 6.7.11 - RULES - BILL 1007201 billboards along highways and the Race2 Street hotel project and other instances.3 In this case, I think there is4 a concern for Society Hill in the fact5 that we are separated by not just6 proximity in terms of feet, but in7 height.8 There are five high-rise9 residential towers in Society Hill that10 are separated from Market Street by the11 very low-rise Jewelers Row District and12 the Gimbel's site. They are the 40-some13 St. James Towers, the NWAR building,14 Hopkinson House, and the two high-rise15 towers of Independence Place.16 I personally live at Hopkinson17 House, on the 18th floor, which is not18 quite halfway up the building. And from19 my apartment, I can see the sidewalk in20 front of the former Strawbridge's21 building and the entire height of that22 building at Eighth and Market Streets and23 a half of the Gallery.24 The problem will probably be25 465 6.7.11 - RULES - BILL 1007201 more severe for my neighbors at the2 St. James Towers in terms of the3 visibility of flashing, moving,4 distracting, very bright digital signage.5 So there's a quality-of-life6 issue at play here, even though the7 distance is somewhat greater than what we8 talked about this afternoon in Pennsport9 of a large billboard adjacent to10 neighbors.11 In addition, I think that we12 saw a five-star sales team bring us a13 very exciting new idea, including the14 Planning Commission, for revitalizing15 what is a sad problem for Philadelphia,16 which is the lack of vitality along17 Market Street.18 And I think that having been19 involved as chairman the Central Delaware20 Advocacy Group and Urban Planning for the21 last six years that we might be asked to22 take a rather unusual risk with urban23 planning in Philadelphia, as the24 Preservation Alliance points out, with25 466 6.7.11 - RULES - BILL 1007201 our unique history and legacy in2 Philadelphia on a new and untested idea3 in terms of this large, digital-format4 advertising.5 This isn't New York, it's not6 Hong Kong, and I've heard very little to7 convince me that this large-format8 brightness on the street is going to9 stimulate the kind of investment in the10 Market East corridor that seems to be a11 solution for what is now a moribund12 commercial district.13 So I would really like Council14 to very carefully consider where is the15 proof, what is the rationale, and what16 are the chances that this gamble with the17 cultural heritage of Philadelphia is18 going to pay off and is perhaps a smaller19 test project, more information. Is this20 really is the scale of the project that21 we need to take.22 And, also, I would like to23 point out that we're making an assumption24 here, is that the tourism that visits the25 467 6.7.11 - RULES - BILL 1007201 historical icons of Independence Mall,2 the Liberty Bell, Independence Hall, and3 the Constitution Center is daytime4 tourism, that there are events held there5 at night, but people who come to visit6 Philadelphia do other things at night,7 and they're not traveling up and down8 Market Street to visit Independence Mall9 at night.10 And we hope that they'll visit11 the riverfront, but they're going to12 other venues at night so that this is not13 a major thoroughfare necessarily.14 And that will be the end of my15 comments. Thank you.16

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Councilman Kenney

Thank you.24 Councilman DiCicco.25 469 6.7.11 - RULES - BILL 1007201 COUNCILMAN DiCICCO: Yeah,2 thank you.3 Steve, your last comment about4 sidewalk bringing people in. This whole5 conversation began with me and PREIT6 maybe three years ago, maybe even a7 little bit longer, about the Gallery, and8 how will they be able to reconfigure the9 skin of the Gallery, change the10 appearance to bring activity at the11 street level in.12 And that -- we're really saying13 the same thing. And a lot of -- some of14 that, the way we get there is by being15 able to do some signage.16 I put it on the table there. I17 don't know if the public had a chance to18 see one of the proposals. If you flip to19 the next page, that's currently what's on20 Market, and that's what would happen,21 could happen, with the proposed signage22 legislation.23

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Mr. Wexler

Well, I can offer24 information that we've gotten during the25 470 6.7.11 - RULES - BILL 1007201 Central Delaware master planning process,2 is that once you get above maybe 15 or 203 feet above a pedestrian's head, a4 building is just tall. Yeah, light and5 activity through the windows up there is6 a good thing. But in the distance, you7 can see a building with a sign on it and8 advertising that's good. But when you're9 up against the building wall, above a10 certain height, it's just tall.11 And maybe it's lit, maybe it's12 not. Maybe you feel safe, maybe you13 don't. That's more a matter of the14 streetscape itself rather than the15 building that you're standing next to.16 So I just want to point out to17 Council that I don't really read the18 proof that this investment that we're19 making, this incentivization that we're20 giving to landowners, which is pretty21 hefty, is an idea that has been22 resoundingly proven to be a worthwhile23 investment.24 COUNCILMAN DiCICCO: Well, I'll25 471 6.7.11 - RULES - BILL 1007201 agree on the tall-building theory about2 PSFS.3

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Mr. Wexler

Well, Comcast is a12 different thing because you have the13 animation within the lobby, and you're14 forced -- you're out on the sidewalk, so15 you look across this interior space to16 see the Jumbotron at Comcast. And so,17 that's not the same thing.18 COUNCILMAN DiCICCO: Yeah, I19 respect -- you and I have had a great20 relationship over the last 16 years, and21 you've always been very reasonable, so I22 do appreciate your coming in today.23 I think that the devil might be24 in the details. And what we're trying to25 472 6.7.11 - RULES - BILL 1007201 accomplish may not necessarily be signage2 on the top of the building but also on3 the façade of the building, not unlike4 the Hard Rock Café is obviously an5 extreme example with the guitar.6

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Mr. Wexler

I do want to10 reiterate my quality-of-life issues for11 my constituency. Several hundred,12 probably 5 or 600, households are going13 to have these lights shining into their14 living rooms. And if we've established15 the precedent of we're considerate of16 people who live within sight of flashing,17 very bright billboards, all you have to18 do is walk down Market Street and look19 across, and you can easily see five very20 well-kept, in a very good neighborhood,21 high-rise buildings, and you're looking22 into people's living rooms, albeit from a23 distance.24 And I am duty-bound to make25 473 6.7.11 - RULES - BILL 1007201 that point to Council.2 COUNCILMAN DiCICCO: Thank you.3

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Ms. Hillier

My name is Amy7 Hillier. I'm an assistant professor of8 city and regional planning at the9 University of Pennsylvania School of10 Design. And my research focuses11 primarily on public health, and that's12 what I came to speak with you about. I'm13 also a resident of West Philadelphia.14 I have a number of serious15 concerns about the proposal, and I'll16 just outline.17 The first is that Philadelphia18 already has liberal signage laws,19 particularly around accessory signs. And20 even the liberal laws we have are not21 being systematically enforced, and that's22 been an issue in the neighborhoods, and23 that's something that I've researched.24 As a result, our kids are25 474 6.7.11 - RULES - BILL 1007201 disproportionately exposed to ads for2 unhealthful products such as sugary3 beverages, alcohol, tobacco, even tobacco4 on corner stores.5 And our research, which I'm6 happy to share, compared Los Angeles,7 Austin, and Philadelphia. And8 Philadelphia had by far the most ads for9 unhealthful products, and they are10 clustered around places where kids spend11 time, so schools and daycares.12 And we know that because of the13 grandfathering of billboards that were14 within 660 feet of schools that kids are15 further exposed to that.16 There's one school right in17 this corridor on Market Streets. There's18 a daycare that's right in this proposed19 zone. And then Constitution High School20 and the public library are just off21 Market Street, just south of Market22 Street.23 I spent time at Constitution24 High School this spring, and I don't know25 475 6.7.11 - RULES - BILL 1007201 if folks know it but it's a fabulous2 place where people are doing really good3 stuff. The kids pour out of their at the4 end of the day, and they go to the Eighth5 Street stop on the Market-Frankford El.6 So whatever's in that corridor, these7 kids -- you know, not even to say all of8 the kids that are spending time at the9 Gallery.10 A primary problem with this is11 that we cannot regulate the content of12 what goes on those ads. It could be a13 four-story Sprite bottle, it could be the14 ad for the new iPhone.15 It's unconstitutional. We've16 tried -- Council, to your credit, has17 tried to regulate content of ads around18 places that kids spend time; we can't.19 Once it's there, we have no control over20 the content of those ads.21 Just to end, I'd say that I'm22 extremely proud as a public-health23 researcher to be working in a city that24 is really leading the way nationally with25 476 6.7.11 - RULES - BILL 1007201 its communities putting prevention to2 work campaign around obesity and tobacco3 cessation. We've spent tens of4 thousands, if not hundreds of thousands,5 of dollars in this city on a media6 campaign to help people make healthful7 choices. And, you know, that's the city8 that I want to live in.9 As a researcher, I would say10 I'd love to see Market East revitalized;11 I think all of us would. But there's12 really no evidence that this, which is a13 pretty modest proposal, would be enough14 to change an historic problem that we've15 seen for a long time with a lack of16 vitalization.17 And I'd say, at the very18 minimum, I would think that Council19 should call for a health-impact20 assessment on something of this21 significant of change in an historic22 corridor so we could actually do a23 thorough assessment of what the health24 impact would be on the people who spend25 477 6.7.11 - RULES - BILL 1007201 time there and live there.2 Thank you.3

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Mr. Snyder

Certainly. Thank15 you, Councilman Kenney and members of the16 Rules Committee, for having me here17 today. My name is Jonathan Snyder. I18 graduated from the University of19 Pennsylvania, with my master's in city20 planning. 11 - RULES - BILL 1007201 accessory signs. And I'm currently a2 Samuel S. 12 The first finding was that13 other cities have found that when14 properly regulated, very large-format15 signs serve materially useful purposes in16 areas having a high volume of pedestrians17 and a concentration of hospitality,18 entertainment, or retail uses19 What materially useful20 advantages? 2 In other cities, they're taking3 various approaches to signage. Houston,4 Texas bans billboards, new ones. El5 Paso, Texas bans new billboards. 5 Local residents and area6 workers already know what the area has to7 offer. 13 The area already has room for14 development, yet no development has15 occurred, and one cannot expect signage16 to induce demand to an area with limited17 amenities18 However, with the expansion of19 the Convention Center and an eventual20 need for more hotels, Market East would21 be a great place to expand. 11 - RULES - BILL 1007201 Next finding. 7 Two cities come to mind known8 for their signage districts. Times9 Square, New York City, which has gone10 through many ups and downs but has the11 underlying theater district as a draw to12 the local area. 15 Those two districts have an16 underlying draw, which Market East does17 not. Many world-class cities are not18 known for their signage. London. "21 The next finding. 11 - RULES - BILL 1007201 technology, or modern commercial2 feasibility in areas of a high density of3 hospitality, entertainment, and retail4 uses inhibit the full commercial5 potential of such areas and detract from6 the positive experience of patrons,7 shoppers, and tourists. This is not in8 dispute9 Signage is not the answer. It10 would obscure the very enhancements11 you're attempting to make. The way to12 create a worthy space for patrons,13 shoppers, and tourists is to break up the14 visual monotony of the streetscapes so15 more trees, varied sidewalk materials,16 more interesting architecture, et cetera,17 provide people a central gathering space18 or at least street furniture adjacent to19 restaurants and cafés, and provide the20 retail experience that will attract21 visitors22 Signage may visually stunning23 in some circumstances. 4 Next finding. 9 Now, the proposed legislation10 states that owners thus invest at least11 $10 million into their property, and you12 can use the sign revenues to offset that13 investment. They will still realize a14 pretty substantial profit15 What happens if they decide16 that the sign is the improvement, and the17 Planning Commission concurs? 20 There are other ways of21 financing the improvements that do not22 rely upon the commercialization of public23 space. And moreover, it turns public24 space into a commodity. 4 This extracts a social cost,5 which is very difficult to quantify. I6 personally think it represents a taking7 of public space, but this cost cannot be8 factored in9 The next finding. Market10 Street, between Seventh and 13th Street,11 has historically been a high-density12 shopping entertainment corridor in the13 City, unique in its scale and scope, with14 simple traffic patterns and slow-moving15 traffic. 11 - RULES - BILL 1007201 A sign's purpose is to draw2 your attention. Another way to say this3 is that they distract you. 11 - RULES - BILL 1007201 This area needs investments,2 and a carefully crafted plan to achieve3 increased commercial activity. 8

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Mr. Burnfield

Good afternoon.13 My name is Rich Burnfield. I'm the Chief14 Financial Officer for SEPTA.15 SEPTA supports the proposed16 legislation and enhancements of Market17 Street East Corridor between Seventh and18 13th Streets. Market Street East is a19 major transit corridor with SEPTA, New20 Jersey Transit, and the Philadelphia21 Phlash tourist bus serving this corridor.22 In the early 1990s, SEPTA23 committed to this corridor with the24 acquisition of the 1234 Market Street25 487 6.7.11 - RULES - BILL 1007201 office building. Over the last 15 years,2 SEPTA has invested more than $70 million3 to acquire, renovate, and modernize this4 building.5 This office tower has6 maintained close to 100 percent occupancy7 with its central location to City Hall,8 the Pennsylvania Convention Center, along9 with providing excellent transit access.10 The proposed legislation would11 further stimulate development and12 investment by building owners in this13 corridor by the requirement to invest in14 their facilities. These improvements15 would promote the use of public16 transportation in this corridor.17 SEPTA supports this legislation18 and looks forward to Council's favorable19 consideration.20

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Ms. Hill

My name is Jovida25 488 6.7.11 - RULES - BILL 1007201 Hill, and I am the former Board Chair of2 SCRUB, the public voice for public space.3 I am also very proud to have4 served on this board with two of the5 City's biggest cheerleaders: The late6 Judith Eden, who served on the Zoning7 Board; and the late Lenore Burson8 I take this risk at sounding9 crass for even bringing up their names in10 this setting, but I'm not using their11 names in vain; I only recall them because12 they were passionately opposed to13 unregulated outdoor advertising, and I14 share their passion.15 I want to make it very, very16 clear that I support development efforts17 to revitalize Market East. I'm also old18 enough to remember when this part of town19 was an economic engine for the City, with20 the likes of Strawbridge's, Gimbel's,21 Litt Brothers, and Snellenburg's.22 I also remember that the new23 best thing was the Gallery at Market24 East, and we know that the Gallery never25 489 6.7.11 - RULES - BILL 1007201 lived up to its hype.2 In any case, I appear before3 you today to ask you to be very careful4 about considering this bill. This would5 have an enormous effect on the landscape6 of outdoor advertising.7 First of all, I think it is a8 false argument that the only way Market9 East can be revitalized is to allow10 advertising messages on digital11 non-accessory signs.12 If revitalizing Market East13 makes sense -- and we all agree that it14 does -- it makes absolutely no sense that15 the only way for solvency is to trade our16 public space for non-accessory digital17 signage. It's illogical to think that18 turning Market Street East into Las Vegas19 is in our best interest.20 Please keep in mind that this21 is the backyard of Independence Mall, the22 Liberty Bell, the President's House, the23 Betsy Ross House, and the Constitution24 Center. This is Philadelphia. Market25 490 6.7.11 - RULES - BILL 1007201 Street East is not Times Square South.2 My fear is that this bill could3 also create new precedents in terms of4 what is permissible. This bill clearly5 is not permissible under current Zoning6 Code laws, and the Zoning Code Commission7 has yet to determine what is in the best8 interests of the City with regard to9 non-accessory digital signs. I believe10 this bill is premature.11 In my own neighborhood, Craig12 Leban, the Inquirer food critic, has13 already started referring to Callowhill14 Street as "Callowhill Restaurant Row."15 And once the Barnes Foundation in the16 Parkway and the proposed granary project17 development is complete, what would keep18 an entrepreneur from asking that my own19 neighborhood, where I live a half a block20 from Callowhill Street and the Barnes,21 becomes an entertainment district22 eligible for the signs requested in this23 bill. I would absolutely, positively24 hate this designation.25 491 6.7.11 - RULES - BILL 1007201 As far as I can tell, this bill2 is nothing more than putting lipstick on3 a pig. And I implore you that4 Philadelphia has enough to offer that we5 are not pigs, and we are not in need of6 lipstick.7 Rather, Market Street East is a8 diamond in the rough, and this bill9 offers absolutely nothing to make it10 shine.11 And I'm sorry that Councilman12 DiCicco has left because it's not in my13 prepared testimony, but I was absolutely14 offended that he compared SCRUB to a15 convicted criminal. I am offended by16 that.17

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Ms. Reed

My name is Ursula5 Reed. I've been a resident of Center6 City, Old City, Queen Village7 neighborhoods since 1976. 3 I'm surprised that some of the4 other people in this room who are in5 planning positions didn't mention that6 because surely they knew about it. 13 This 685-mile trail, the first14 national historic trail in the15 northeastern United States, extends from16 New Port, Rhode Island to Yorktown,17 Virginia, commemorates the American and18 French alliance in the War for19 Independence. 17 But that is an international18 tourist attraction. 10 Another person who was going to11 be here today is Norma Van Dyke. 11 - RULES - BILL 1007201 plan is really out of sorts. 2 Lets bring Main Street back to3 its Market Street roots. 10 While we who live here often take history11 for granted, others do not. History is12 Philadelphia's brand. 14 Let's focus on Mayor Nutter's15 goal of making Philadelphia the greenest16 city in the country by 2015. Imagine a17 real green country town. 23 WM. PENN IMPERSONATOR: If I24 could take a moment of your time. 8 And I invited everyone from9 everywhere to come to Pennsylvania to be10 free and safe. And come they did. 11 - RULES - BILL 1007201 This city is our home. And2 each year, we open our doors to visitors3 from all over the (indiscernible),4 millions of them, in fact. 6 Would we obscure our home to7 their sight? )21

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Ms. Tracy

20 They had erected a Dunkin' Donuts sign on21 their building, unlawfully actually. 11 - RULES - BILL 1007201 banks, people were coming in there to buy2 coffee and donuts. 5 The bank sign would be an6 accessory sign. 13 We've had other ones too. This14 one was at Eighth and Market, and it also15 was unlawful. 23 And I know that's not going to24 happen in this particular bill. 11 - RULES - BILL 1007201 seems to be precautions on that. S. Supreme4 Court, because the sign was unlawful, and5 our signs are very -- our sign laws are6 every stringent here in Philadelphia,7 when they're enforced. 10 And the building was sold. And11 now, the new owner has invested over12 $9 million. There's condominiums in13 there. 11 - RULES - BILL 1007201 now. And I think as look and walk down2 Market Street, I would agree with John3 Gallery, we have a lot of great4 buildings, and those buildings shouldn't5 be covered with advertising. And it will6 be so tempting for these buildings7 because this is such a comprehensive --8 from 13th Street down to Seventh Street,9 not -- and how can anybody in this10 economy walk away from 30, 40, 50, 100,11 200, a million dollars in income in a12 year, in two years, in five years. 14 And so, we really are putting a15 sore temptation to turn this historic16 corridor into one of commercialism. 18 So let's move on this. You19 know, this obviously is a building that20 this bill is built for. It's the21 Gallery, and it's tired, and it doesn't22 have the kind of retail in there that a23 lot of us would be looking for on a24 regular basis. 11 - RULES - BILL 1007201 empty wall apace. 3 But I had a wonderful visit4 along with one of my colleagues, with Joe5 Cordino, who works there and is very6 knowledgeable about malls. 10 But what he has told us is that11 the real problem here is with the lease12 and with the ownership. 3 The other thing, just to review4 again. You know, we have accessory5 signage, we have non-accessory. This is6 accessory signage. 10 But when we start to walk that11 route of non-accessory signage, we open12 up the door to litigation from the13 industry, because how can we say that14 these signs are a danger to the health,15 safety, and welfare, that they contribute16 to blight and disinvestment, which our17 bill says now, and it's very airtight and18 well-litigated, when we turn around and19 we give these findings that we've20 analyzed earlier, you know, one of our21 interns took that apart for us. 23 And, you know, other buildings,24 we talked about this. 3 One of my favorite developers4 in the City is Tony Goldman of Goldman5 Properties, and I've just been amazed at6 what he's been able to do with buildings7 by just removing that kind of frontage,8 putting on more interesting roofs, a9 different kind of siding, and, most10 importantly, bringing in a more varied11 retail. 13 If I've heard it once, I've14 heard it a hundred times, that there's15 nothing going on there. We need to do16 something. No one is there, no one is17 going there. 13 And I think none of them have14 been brought to the table. As we look15 around this room, there are very few16 residents from any of these buildings17 that are. 20 So here we have -- again, I21 would go back to how could we change22 those façades. 7 And then here is the St. 11 And as the President of Scenic12 America, I get calls every week from13 people who suddenly have a digital sign14 in their viewpoint, and you can see these15 signs from up to six files away. 20 And as humans, we're hard-wired21 to look at the brightest light. 11 - RULES - BILL 1007201 into the traffic-safety issues here, but2 they're very real, and that was brought3 up earlier. And there have been numerous4 studies over the last six years that have5 shown a correlation between driver's6 distraction, and I know you don't want to7 hear this --8

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Ms. Tracy

-- but anything11 that takes your eyes off the road for two12 seconds or more greatly increases your13 risk for a crash or a near crash.14 And three seconds, 63 percent15 of the accidents are from those eyes off16 the road. And those eyes go off the road17 not just because you're on your cell18 phone but because you're looking at19 something off the road.20 So I think I would ask that if21 we're going to do this, that we do it in22 a much more careful way, that the sign --23 you know, for example, I think when you24 use the computation that is currently in25 513 6.7.11 - RULES - BILL 1007201 this bill of 24 times a linear square2 foot, well, the Gallery has, I think, 8403 linear feet, so you're really talking4 about twenty-some thousand square feet.5 And I don't see a stipulation in there to6 say what the max can be of a sign.7 And I also -- you know, it also8 worries me that we're going to be9 finding -- I guess I don't have that in10 there. But, you know, we are limiting11 tobacco, but do we want the alcohol and12 do we want it to turn it into a lot of13 casino gambling, where we're luring14 people off and out of Center City down to15 gambling here and other places in the16 State and in New Jersey.17 And once we allow this18 advertising, we really can't go back and19 say, Well, you can't do this but you can20 do this. It can't look like this, it21 can't look like that.22 So I would really ask to23 continue this bill, and let's make it24 better, because right now, I think it25 514 6.7.11 - RULES - BILL 1007201 still has a lot of areas that need to be2 improved.3 Thank you very much.4

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Ms. Reed

Regarding the10 maintenance and the exterior appearance11 of the Gallery, from my background,12 having worked for the Rouse Company13 during development the development phase,14 I know that the Mall Maintenance15 Corporation agreement, does that still16 exist? And who's responsible for what?17 I mean, the outside of that18 building, if I were still working there19 as assistant general manager and went20 through there with a punch list, there21 would be a number of things that need to22 be addressed from just a retail -- a23 routine maintenance standpoint.24 One thing that really bothers25 515 6.7.11 - RULES - BILL 1007201 me is those flags that are at the2 entrance to the Market East part of3 Gallery II. Those poles were designed4 for seasonal banners which would hang5 lengthwise and be changed with the6 seasons of the year, not the little --7 what they've done is they've taken down8 those banners, and they just put flags up9 there that hang up. They're filthy, it's10 a disgrace. And so, nobody is minding11 the store when it comes to the routine12 maintenance of that facility.13 The exterior of the building is14 five-hour fire-rated panel that would15 steam-clean beautifully. Now they're all16 streaked and filthy. Who's responsible?17 Is that the City's, or is it PREIT?18

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Councilman Kenney

I guess19 you'd have to talk to PREIT. They20 probably could tell you.21 COUNCILMAN DiCICCO: It's a22 very convoluted situation over there23 between the lease agreements with the24 City and the Redevelopment Authority and25 516 6.7.11 - RULES - BILL 1007201 PREIT.2 As I said earlier, I've been3 working with PREIT about three years now4 on trying to deal -- figure out ways in5 which we can get some investment in6 there. Again, I'm not a lawyer and I'm7 not even going to try to explain how8 convoluted it is. I had suggested that9 they try to make it more simpler for10 everyone.11 And this -- again, this12 conversation started with that building.13 How do we make it a more attractive14 building? How do we get some more retail15 at the street level so that when people16 are walking, you don't need to walk into17 one of the main entrances; you can walk18 into a restaurant, another type of19 business from the street level and not to20 have to go into the Gallery.21 Kind of what we had when I was22 a kid was all of the retail shops and23 stores were lined up, and you didn't have24 to walk in to this concrete box, if you25 517 6.7.11 - RULES - BILL 1007201 will.2 (Addressing Councilman Kenney.)3 What?4

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Ms. Reed

I mean, just13 cleaning it up and --14 (Indiscernible; parties talking15 over each other.)16 COUNCILMAN DiCICCO: Well, but17 somebody's responsible. Whether it's18 RDA, whether it's PREIT.19 Cleaning it isn't going to20 change it. We need a massive overall of21 the building, including the way the22 exterior is designed; change that design.23 And if you're going to have24 individual retailers, they're going to25 518 6.7.11 - RULES - BILL 1007201 need a sign or some sort of advertising2 to let you know where they are in terms3 of that big box. And that's how this4 whole conversation began. Someone has to5 take responsibility.6 I don't agree with the e-mails7 that I've been getting saying that this8 is going to allow for enormous --9 humongous banners hung on buildings just10 for the sake of advertising. That is not11 the intention; it's certainly not my12 intention.13 And the building that was14 referenced in the slide at Eighth and15 Market, where the Rappaport building was,16 that owner called me more times than I17 can remember, asking me to approve that18 sign. I wouldn't do it, I wouldn't do19 it, because there's got to be some rhyme20 or reason to it.21 It's just not advertising; it22 has to be connected to something. And23 that's what the intent is bill is. Ten24 million dollars is a minimal amount of25 519 6.7.11 - RULES - BILL 1007201 investment that goes in.2 This is not about putting a3 billboard on what is now a vacant4 building, or could be a vacant building,5 so that the owner of the building can6 generate revenue for himself or herself.7 It's about taking monies,8 revenues and reinvesting in that9 building. And in cases where it's an10 unoccupied building, the building would11 have to be occupied. And if there's a12 building that is occupied now and it's13 vacated, they will lose -- and correct me14 if I'm wrong, Alan, the way I -- I15 remember I put this on the table. I want16 to look at buildings that may be17 currently occupied.18 If for whatever reason, they19 lose their tenants, we don't want20 advertising to be the single only21 generator for that building. They're22 going to have to come up with leases and23 reoccupy that building at 60-some or 7024 percent; I can't remember the exact25 520 6.7.11 - RULES - BILL 1007201 number.2 So it's not about putting a3 billboard on a building and creating a4 "Billboard Boulevard" on Market Street.5

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Ms. Tracy

Well, you know,10 it's great to hear that, and I know the11 intentions are great.12 Would there be possible to add13 amendment on there then too, you know --14 because we're talking twenty years.15 You're not going to be here, I'm not16 going to be here, this Council won't be17 here, that would put a guarantee that,18 you know, if there's litigation that19 needs to be enforcing that, that the20 company would pay for that litigation21 rather than put it on the City and the22 taxpayers because, you know, to go back23 to Councilman Kenney's complaint,24 enforcement is very difficult in this25 521 6.7.11 - RULES - BILL 1007201 city, and --2

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Councilman Kenney

It's been11 moved and seconded.12 All in favor?13 There are none opposed.14 The amendments are passed.15 The Chair recognizes16 Councilmember DiCicco on a motion on the17 amended bill.18 COUNCILMAN DiCICCO: Thank you,19 Mr. Chair.20 I move that Bill No. 100678, as21 amended, be reported out this committee22 with a favorable recommendation and that23 the rules of Council be suspended so as24 to permit first reading at our next25 524 6.7.11 RULES COMMITTEE - PUBLIC MEETING1 session of Council.2 (Motion duly seconded.)3

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Councilman Kenney

It's been4 moved and seconded.5 All in favor?6 None opposed.7 Bill No. 100678, as amended,8 will be reported out of this committee9 favorably and a request made for a rules10 suspension to allow for first reading at11 our next Council session.12 The Chair recognizes13 Councilmember DiCicco for a motion to14 approve the amendment to Bill No. 100720.15 COUNCILMAN DiCICCO: Thank you,16 Mr. Chairman.17 I move that the amendment to18 Bill No. 100720 be reported out of this19 committee with a favorable20 recommendation.21

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Councilman Kenney

It's been3 moved and seconded.4 All in favor?5 There are none opposed.6 Bill No. 100720 will be amended7 accordingly.8 The Chair recognizes9 Councilmember DiCicco for a motion on the10 amended bill.11 COUNCILMAN DiCICCO: Thank you,12 Mr. Chairman.13 I move that Bill No. 100720, as14 amended, be reported out of this15 committee with a favorable recommendation16 and that the rules of Council be17 suspended so as to permit first reading18 at our next session of Council.19 (Motion duly seconded.)20

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Councilman Kenney

It's been21 moved and seconded.22 All in favor?23 There are none opposed.24 Bill No. 100720, as amended,25 526 6.7.11 RULES COMMITTEE - PUBLIC MEETING1 will be reported out of this committee2 favorably, and a request will made for a3 rules suspension to allow for first4 reading at our next session of Council.5 The Chair recognizes6 Councilmember DiCicco for a motion to7 approve the amendment to Bill No. 110185.8 COUNCILMAN DiCICCO: Thank you,9 Mr. Chairman.10 I move that the amendment to11 Bill No. 110185 be approved.12 (Motion duly seconded.)13

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Councilman Clarke

Just for17 the record. Thank you, Mr. Chair.18 Mr. Chair, I just want to say19 for the record that I will be voting no20 on the amended bill, but that doesn't21 necessarily mean that I will not support22 the bill ultimately.23 I asked that the sponsor and24 the developer who had indicated a25 527 6.7.11 RULES COMMITTEE - PUBLIC MEETING1 willingness to do that -- to do so2 between now and the time of the final3 passage come up with either a letter or4 some document that indicates that there's5 going to be a process that will be6 all-inclusive of the pertinent community7 group --8 COUNCILMAN DiCICCO: Understood9 and accepted. Thank you.10

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Councilman Kenney

Okay. It's15 been moved and seconded.16 All those in favor?17 The amendment's been approved.18 The Chair recognizes19 Councilmember DiCicco for a motion on the20 amended bill, Bill No. 110185.21 COUNCILMAN DiCICCO: Thank you,22 Mr. Chairman.23 I move that Bill No. 110185, as24 amended, be reported out of this25 528 6.7.11 RULES COMMITTEE - PUBLIC MEETING1 committee favorably and that the rules of2 Council be suspended.3 (Motion duly seconded.)4

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Councilman Kenney

Moved and5 seconded.6 All in favor?7 Councilmember Greenlee and8 Councilmember Clarke should be recorded9 as -- well, let the record reflect that10 Council President Verna voted aye on all11 amendments and bills before leaving the12 chamber. The Chair also recognizes that13 the two no-votes on the amended Bill No.14 110185 are Greenlee and Clarke.15 The Chair recognizes16 Councilmember Miller to approve the17 amendment to Bill No. 110302.18

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Councilman Kenney

It's been16 moved and seconded.17 All in favor?18 There are none opposed.19 Bill No. 110302, as amended,20 will be reported out of this committee21 favorably, and a request made for a rules22 suspension to allow for reading at our23 next Council session.24 The Chair recognizes25 530 6.7.11 RULES COMMITTEE - PUBLIC MEETING1 Councilmember DiCicco on a motion to2 approve Bill No. 110306.3 COUNCILMAN DiCICCO: Thank you,4 Mr. Chairman.5 I move that Bill No. 110306 be6 approved and that the rules of Council be7 suspended so as to permit first reading8 at the next session of Council.9

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Councilman Kenney

All right.15 It's been moved and seconded.16 All in favor, aye?17 There's one no-vote,18 Councilmember Goode. Let the record19 reflect that Bill No. 110306 will be20 reported out of this committee favorably21 and a request will be made for a rules22 suspension to allow for first reading at23 our next Council session.24 The Chair recognizes25 531 6.7.11 RULES COMMITTEE - PUBLIC MEETING1 Councilmember Clarke for a motion to2 approve Bill No. 110312.3

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