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Minutes

Stated Meeting, December 4, 1997

Philadelphia City CouncilDec 4, 1997

People mentioned

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

Organizations mentioned

Councilwoman Miller

Thank you, REPORTS FROM COMMITTEES Mr. President. I move that the Rules of Council be suspended so as to permit first reading of this bill today. (Duly seconded.)

President Street

All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. Bill No. 970589 will be added to our first reading calendar. Next order of business is the consideration of the calendar. The Chief Clerk will read the bills on the first reading calendar.

Chief Clerk

Bill No. 970580, an Ordinance creating the Franklin Plaza Tax Increment Financing District and approving the project plan of the Philadelphia Authority for Industrial Development, PAID, for the redevelopment of the Franklin Plaza Tax Increment Financing District, being the area generally bounded by Vine Street on the north, 16th Street on the east, and a recorded driveway easement extending westwardly from a point on the west side of North 16th Street, 119 feet, 11 inches south of Vine Street, to a point on the east FIRST READING CALENDAR side of North 17th Street, 132 feet, 8 inches south of Vine Street on the south, and 17th Street on the west, and making certain findings and declarations, all in accordance with the Tax Increment Financing Act, being the act of July 11, 1990, PL 465, No. 113, as amended, and authorizing the Director of Finance and other officers of the city to execute documents and do all things necessary to carry out the intent of this ordinance.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970648, an Ordinance approved December 14, 1971, as amended, which approved the redevelopment proposal, the urban renewal plan, and the relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of South Central Urban Renewal area by approving the 9th Amendment of the redevelopment proposal, the 9th Amendment of the urban renewal plan, and an amendment to the relocation plan which provides inter alia for certain additional land acquisition and provision of certain relocation services as required by law for the individuals, families, and business concerns which will be displaced. FIRST READING CALENDAR

President Street

The Chair agrees.

Chief Clerk

Bill No. 970666, an Ordinance repealing or eliminating the city's tax on intangible personal property with respect to certain years or certain valuation dates, and amending certain terms and conditions.

President Street

The Chair agrees.

Chief Clerk

Bill No. 960512, an Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations to certain areas of land located in the 14th Ward and within an area bounded by North 12th Street, former Brown Street, 11th Street, former Parrish Street, 9th Street, Percy Street, Brown Street, 10th Street, and Fairmount Avenue from partly Class R-10 residential, partly Class C-2 commercial, and partly Class G-2, generally industrial, to a single designation of Class R-13 residential.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970690, an Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located in the 38th Ward and within an area bounded by North 35th Street, West Westmoreland FIRST READING CALENDAR Street, North 34th Street, and West Allegheny Avenue from Class R-9A residential to partly Class R-9A residential and partly Class L-4 limited industrial.

President Street

The Chair agrees.

Chief Clerk

Bill No. 960823, an Ordinance amending Title 17 of the Philadelphia Code entitled "Contracts and Procurement" by amending Section 17-107 entitled "Contractors: Labor Management Relationship" by revising the prevailing wage ordinance, including extending the prevailing wage requirement to certain service contracts, revising administrative and reporting requirements, providing for payment to persons who file complaints, and prohibiting discrimination against persons who file complaints, imposing costs for filing appeals, providing for enforcement by withholding certain sums due on contracts, providing for interest on underpayment of wages, and providing for increased penalties, all under certain terms and conditions.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970609, an Ordinance authorizing the Commissioner of Public FIRST READING CALENDAR Property to execute and deliver to the Philadelphia Authority for Industrial Development, without consideration, deed conveying fee simple title to two certain tracts of city-owned land, with the buildings and improvements thereon situate on the westerly side of 34th Street, southwardly from Spruce Street, and further authorizing PAID to sell these properties to The Children's Hospital of Philadelphia for consideration of $1,237,500.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970591, an Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designation of certain areas of land located within the block bounded by Roosevelt Boulevard, Ramona Avenue, and Adams Avenue.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970651, an Ordinance to amend an Ordinance approved December 15, 1969, as amended, which approved the redevelopment proposal, the urban renewal plan, and the relocation plan of the Redevelopment Authority of the City of Philadelphia for the redevelopment of the Model Cities Urban Renewal Area by approving the 19th Amendment of the redevelopment proposal, the FIRST READING CALENDAR 11th Amendment to the urban renewal plan, and the 12th amendment to the relocation plan, which provide inter alia for certain additional land acquisitions and provision of certain relocation services as required by law for the individuals, families, and business concerns which will be displaced.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970670, an Ordinance amending the Retirement System Ordinance approved December 3, 1956, as amended, by amending Section 221 and amending the Municipal Retirement Benefit Plan 1987 ordinance, which became effective January 8, 1987, as amended, by adding a new Section 119C; in the case of both ordinances allow fire, police employees who were laid off in 1978 and 1980, and later reinstated, to purchase service credit for the layoff period, under certain terms and conditions.

President Street

The Chair agrees. At this time I would like to interrupt the first reading calendar to recognize Councilman Longstreth.

Councilman Longstreth

Mr. President, I ask to be excused, voting aye on FIRST READING CALENDAR all the bills and resolutions.

President Street

Leave will be granted. Please continue.

Chief Clerk

Bill No. 970740, an Ordinance declaring that it is desirable for the health, safety, and welfare of the people in the area served by The North Philadelphia Health System, a Pennsylvania nonprofit corporation, The Hospital, located at 8th Street and Girard Avenue, and 16th Street and Girard Avenue, and 1522 through 1524 West Girard Avenue, Philadelphia, PA, for The Hospitals and Higher Education Facilities Authority of Philadelphia, The Authority, to participate with The Hospital in a project consisting of refunding certain prior bonds.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970649, an Ordinance authorizing the Philadelphia Authority for Industrial Development, notwithstanding any contrary requirements of the Philadelphia Industrial and Commercial Development agreement between the City and the Philadelphia Authority for Industrial Development, and the Philadelphia Industrial FIRST READING CALENDAR Development Corporation to sell a certain tract of land with the buildings and improvements thereon situate on the northeast corner of Holstein Avenue and Bartram Avenue to Ottens Flavor Company for consideration not to exceed $116,000.

President Street

The Chair agrees.

Chief Clerk

Bill 970712, an Ordinance approving the Fiscal Year 1998 Capital Budget and the forecast for Fiscal Years 1999 through 2003, providing for expenditures for the capital purposes of the Philadelphia Gas Works, including the supplying of funds to be obtained in connection therewith so as to provide for the normal additions and replacements which occur annually in the Gas Works.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970709, an Ordinance authorizing transfers in appropriations for Fiscal Year 1997 from the General Fund certain or all city, offices, departments, boards and commissions, and from the Grants Revenue Fund Director of Finance, Provision for Other Grants, to the General Fund certain or all city offices, departments, boards and commissions. FIRST READING CALENDAR

President Street

The Chair agrees.

Chief Clerk

Bill No. 970710, an Ordinance authorizing transfers in appropriations for Fiscal Year 1997 within the Aviation Fund from certain or all city offices, departments, boards and commissions to certain or all city offices, departments, boards and commissions.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970711, an Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the General Fund from certain or all offices, departments, boards and commissions, to certain or all city offices, departments, boards and commissions.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970741, an Ordinance authorizing transfers in appropriations for Fiscal Year 1998 within the General Fund from certain or all city offices, departments, boards and commissions to certain or all city offices, departments, boards and commissions.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970650, an Ordinance authorizing the Commissioner of Public FIRST READING CALENDAR Property to accept from the School District of the City of Philadelphia fee simple title to certain real property and any improvements thereon located at Lehigh and Chalmers Avenue, a portion of which shall be leased to the Philadelphia Authority for Industrial Development for further sublease to Allegheny University of the Health Sciences, a nonprofit corporation, all for nominal consideration for use primarily as a health care facility.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970246, an Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 377 of an area bounded by Knights Road, Mechanicville Road, and Medford Road by placing on the city plan McCarthy Circle, Galdi Lane, Galdi Spur, Cliffe Drive, Cliffe Spur, Cliffe Court, Duffy Lane, and Gleason Lane.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970552, an Ordinance amending Section 1 of Bill No. 970457, approved July 1, 1997, entitled "An Ordinance," authorizing the owners of certain properties in the 9th Street Market to install canopies over the FIRST READING CALENDAR entire width of the east and west footways of 9th Street from the north house line of the intersection of 9th and Christian Streets to the south house line of 9th and Wharton Streets, to install polls along the curb to support the canopies, and to install awnings over the cartway of 9th Street for the canopies over the east footway only, all under certain terms and conditions.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970583, an Ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 278 by striking from the City Plan and vacating Robbins Street from Tacony Street to Milnor Street, by relocating the northwesterly house line of Milnor Street, 7 feet and variable distance, southeastwardly from Robbins Street to Barnett Street by relocating the northwesterly curb line of Milnor Street, 7 feet and a variable distance southwardly from Robbins Street to Barnett Street.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970610, an Ordinance authorizing and directing the placing on City Plan No. 377 of a certain right-of-way for FIRST READING CALENDAR drainage purposes and water main purposes extending from Stokley Street northwardly, northeastwardly and northwardly, to a certain right-of-way of the Chestnut Hill Branch of the Connecting Railway Company, under certain terms and conditions.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970611, an Ordinance authorizing the construction of a sewer and appurtenant work required to alleviate unsanitary conditions in a portion of Crestview Road.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970612, an Ordinance authorizing the construction of a sewer and appurtenant work required to alleviate unsanitary conditions in a portion of Manatawna Avenue.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970669, an Ordinance authorizing Nicholas Pinardo, owner of the property located at 6224 Wayne Avenue, Philadelphia, to construct and maintain a one-story masonry building.

President Street

The Chair agrees. FIRST READING CALENDAR

Chief Clerk

Bill No. 970671, an Ordinance authorizing Anthony Amen, owner of the property located at 6701 Haverford Avenue, to construct and maintain various encroachments on and over the west footway of 67th Street.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970672, an Ordinance authorizing Julian Nix, owner of the property located at 5735 Race Street, to construct and maintain a two-story masonry addition encroaching onto the north footway of Race Street and a two-story masonry addition encroaching a maximum of 5 feet onto the west footway of Cecil Street.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970673, an Ordinance establishing a parking regulation on Broad Street from Snyder Avenue to McKean Street, east side.

President Street

The Chair agrees.

Chief Clerk

Bill No. 970589, an Ordinance naming the new library to be built in conjunction with the South Philadelphia Community Center, located at 2600 South Broad Street, as the FIRST READING CALENDAR Fumo Family Branch of the Free Library.

President Street

The Chair agrees. The bills read by the Chief Clerk be added to our second and final reading passage calendar at our next meeting. The next order of business is the consideration of second and final reading passage calendar. The Chair recognizes Councilwoman Verna.

Councilwoman Verna

Thank you, Mr. President. Bills No. 960825, 970275, 960707, and 970608 are being called for consideration on the second reading and final passage calendar. All other bills are being held.

President Street

The Chair thanks the Councilwoman. The first bill for consideration is Bill No. 960825. The clerk will please read the title of the bill.

Chief Clerk

An Ordinance authorizing the Commissioner of Public Property, the President of the Fairmount Park Commission, and the Executive Director of the Fairmount Park, on behalf SECOND READING & FINAL PASSAGE CALENDAR of the City of Philadelphia, to enter into a Master Ground Lease Agreement with the Philadelphia Authority for Industrial Development, PAID, under which PAID may enter into a Ground Sublease Agreement with St. Joseph's University, a nonprofit corporation, organized and existing under the laws of the Commonwealth of Pennsylvania, for certain land situate along the Schuylkill River on Kelly Drive, south of the East Park Canoe House, near Strawberry Mansion Bridge, in East Fairmount Park, Philadelphia, Pennsylvania, for the purpose of permitting St. Joseph's University to build a boat house to serve the rowing program of St. Joseph's University, St. Joseph's Preparatory School, the Philadelphia Rowing Program for the Disabled, and certain public rowing programs funded by St. Joseph's University, under and subject to certain terms and conditions.

President Street

This bill having been read on two different days, the question now is shall the bill pass finally. The Chair recognizes Councilman Nutter.

Councilman Nutter

Mr. President, I SECOND READING & FINAL PASSAGE CALENDAR wish to offer amendments to Bill 960825, including an attachment referred to as Exhibit A, which represents the ground sublease. These amendments, Mr. President, have been circulated. All members have copies of the amendments, as well as a fax sheet that relates to the ground sublease.

President Street

Thank you very much. Does every member of Council have the amendment? The Chair recognizes Councilman Nutter for a motion.

Councilman Nutter

Mr. President, I move that Bill 960825 be amended such that on -

President Street

It is not necessary to read the specifics.

Councilman Nutter

Fine. Thank you, Mr. President. I move the adoption of the amendments. (Duly seconded.)

President Street

All in favor let SECOND READING & FINAL PASSAGE CALENDAR it be known by saying aye. Those opposed say nay. The amendments are adopted. Bill No. 960825 as amended will be placed on the second and final reading passage calendar for our next session. Next bill for consideration is Bill No. 970275. The clerk will please read the title of the bill.

Chief Clerk

An Ordinance authorizing the extension of the term of the authority known as the South Street Headhouse District of Philadelphia, pursuant to the provisions of the Municipalities Authorities Act of 1945, PL 382, as amended, providing and approving the plan, estimated costs, and proposed method of assessment and charges for and concerning business improvements and administrative services to the South Street and Headhouse areas of the City of Philadelphia.

President Street

This bill having been read on two different days, the question now is shall the bill pass finally. The clerk will call a roll. SECOND READING & FINAL PASSAGE CALENDAR

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilwoman Clark.

Councilwoman Clark

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilwoman Fernandez is voting aye. Councilman Kenney is voting aye. Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Longstreth is voting aye. Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman Ortiz is voting aye. Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco. SECOND READING & FINAL PASSAGE CALENDAR

Councilwoman Tasco

Aye.

Chief Clerk

Councilwoman Verna.

Councilwoman Verna

Aye.

Chief Clerk

Council President Street.

President Street

Aye. The ayes are 14, the nays are zero. A majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration is Bill No. 960707. The clerk will please read the title of the bill.

Chief Clerk

An Ordinance amending Section 14-1605 of the Philadelphia Code entitled "Regulated Uses" by adding adult entertainment stores as a new regulated use by defining, quote, adult entertainment stores, quote, in terms of stock in trade or sales of adult books, magazines, videos, CD-ROMs, adult novelties, and other adult-oriented materials, and by including adult-oriented CD-ROMs within the type of material that characterizes an adult video store, all under certain terms and conditions. SECOND READING & FINAL PASSAGE CALENDAR

President Street

The bill having been read on two different days, the question now is shall the bill pass finally. The clerk will call a roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilwoman Clark.

Councilwoman Clark

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilwoman Fernandez is voting aye. Councilman Kenney is voting aye. Councilwoman Krajewski.

Councilwoman Krajewski

Aye.

Chief Clerk

Councilman Longstreth is voting aye. Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye. SECOND READING & FINAL PASSAGE CALENDAR

Chief Clerk

Councilman Ortiz is voting aye. Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco is voting aye. Councilwoman Verna.

Councilwoman Verna

Aye.

Chief Clerk

Council President Street.

President Street

Aye. The ayes are 15, the nays are zero. The majority of all members of Council having voted in the affirmative, the bill passes. The next bill for consideration for is Bill No. 970608. The clerk will please read the title of the bill.

Chief Clerk

An Ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located in the 27th Ward and within an area bounded by Spruce Street, 34th Street, Civic Center Boulevard, SECOND READING & FINAL PASSAGE CALENDAR University Avenue, and 38th Street, from partly Class R-15 residential and partly Class C-4 commercial, partly Class C-3 commercial, and partly Class IDD, institutional development district, to a designation of partly Class R-15 residential, partly Class C-4 commercial and partly Class C-3 commercial, and partly Class IDD, institutional development district.

President Street

This bill having been read on two different days, the question now is shall the bill pass finally. The clerk will call a roll.

Chief Clerk

Councilwoman Blackwell.

Councilwoman Blackwell

Aye.

Chief Clerk

Councilwoman Clark.

Councilwoman Clark

Aye.

Chief Clerk

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Chief Clerk

Councilwoman Fernandez is voting aye. Councilman Kenney is voting aye. Councilwoman Krajewski.

Councilwoman Krajewski

Aye. SPEECHES

Chief Clerk

Councilman Longstreth is voting aye. Councilman Mariano.

Councilman Mariano

Aye.

Chief Clerk

Councilwoman Miller.

Councilwoman Miller

Aye.

Chief Clerk

Councilman Nutter.

Councilman Nutter

Aye.

Chief Clerk

Councilman Ortiz is voting aye. Councilman Rizzo.

Councilman Rizzo

Aye.

Chief Clerk

Councilwoman Tasco is voting aye. Councilwoman Verna.

Councilwoman Verna

Aye.

Chief Clerk

Council President Street.

President Street

Aye. The ayes are 15, the nays are zero. A majority of all members of Council having voted in the affirmative, the bill passes. This concludes our consideration of the calendar. MOTION TO ADJOURN Are there any speeches on the part of the members of the minority? Are there any speeches on the part of members of the majority? The Chair recognizes Councilwoman Verna.

Councilwoman Verna

Thank you, Mr. President. I move that Council stand adjourned until Thursday, December 11, 1997, at 10 o'clock a.m.

President Street

All in favor let it be known by saying aye. Those opposed say nay. The ayes have it. This Council stands adjourned until Thursday, December 11, 1997, at 10 o'clock a.m. (Meeting adjourned at 1:20 p.m.) C E R T I F I C A T I O N I HEREBY CERTIFY that the foregoing proceedings of the Council of the City of Philadelphia of Thursday, December 4, 1997, were reported fully and accurately by me, and that this is a correct transcript of same. RE: STATED MEETING _____________________________________ DEBRA A. WHITEHEAD, RPR