Stated Meeting, November 1, 2007

The Chair recognizes Councilman Clarke.

I move that the rules of Council be suspended so as to permit first reading this day of Bill Nos. 070680, 070690. (Duly seconded.)

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bills just reported from committee. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. The Chair again recognizes Councilman Clarke for a report from the Committee on Public Property and Public Works.

Thank you, Madam President. The Committee on Public Property and Public Works reports one bill with a favorable recommendation.

Thank you. The Chief Clerk will please read the report.

To the President and members of the Council of the City of Philadelphia, the Committee on Public Property and Public Works, to which was referred Bill No. 060689, entitled "An ordinance authorizing the Commissioner of Property, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development, for nominal consideration, a deed conveying fee simple title to a certain tract of City-owned land with the buildings and improvements thereon, located 1201-1215 South Street, for further conveyance at fair market value," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.

Thank you. The Chair again recognizes Councilman Clarke.

I move that the rules of Council be suspended this day as to allow first reading of Bill No. 060689. (Duly seconded.)

It has been moved and properly seconded that the rules of Council be suspended so as this day of the bill just reported from committee. All in favor will please indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilman DiCicco for a report from the Committee on Streets and Services. COUNCILMAN DiCICCO: Thank you, Madam President. The Committee on Streets and Services reports 29 bills out with a favorable recommendation.

Thank you. The Chief Clerk will please read the report.

To the President Council of the City of Philadelphia, the Committee on Streets and Services, to which was referred Bill No. 070513, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 163 for gas main purposes and public utility purposes for the City Plan"; and Bill No. 070543, entitled "An ordinance authorizing the installation of all-way stop signs at the intersection of Avalon Street and Outlook Street"; and Bill No. 070544, entitled "An ordinance authorizing the installation of all-way stop signs at the intersection of Avalon Street and Lavender Street"; and Bill No. 070559, entitled "An ordinance amending Title 12 of The Philadelphia Code, entitled 'Traffic Code,' by providing for the removal or immobilization of vehicles illegally parked in reserved spaces for the physically handicapped"; and 070682, entitled "An ordinance amending Section 9-208 of The Philadelphia Code, entitled 'Sidewalk Cafes,' by permitting sidewalk cafes to be maintained on Germantown Avenue, both sides"; and Bill No. 070685, entitled, "An ordinance granting permission to Muhammed Shaukat, owner and operator of the newsstand located on the southwest corner of 10th and Filbert Streets"; and Bill No. 070686, entitled "An ordinance authorizing Bodine Street Associates to own, operate and maintain multi-level bay windows as part of the residential development project at 1111 North Bodine Street"; and Bill No. 070689, entitled "An ordinance authorizing CNO, LCC, their successors and assigns, to own, operate and maintain multi-level bay windows and decks as part of the residential development project at 850 North 3rd Street"; and 070694, entitled "An ordinance amending Section 9-208 of The Philadelphia Code, entitled 'Sidewalk Cafes,' by limiting the hours of operation of sidewalk cafes located within certain areas of the City"; and Bill No. 070695, entitled "An ordinance amending Chapter 12-2700 of The Philadelphia Code, entitled 'Permit Parking Districts,' by increasing the permit parking and renewal fees"; and Bill No. 070696, entitled "An ordinance authorizing the installation of a traffic light at Sorrento Road and Conshohocken Avenue"; and Bill No. 070701, entitled "An ordinance establishing a no truck parking and tow-away regulation on Hendrix Street"; and Bill No. 070702, entitled "An ordinance establishing a no parking anytime regulation on the east side of Frankford Avenue"; and Bill No. 070703, entitled "An Steve Ricchini, owner and operator of the newsstand located at the northwest corner of 15th and Market Streets, for the purpose of supplying electrical services and telephone service to said newsstand"; and Bill No. 070789, entitled "An ordinance authorizing Joseph and Donna Slabinski to maintain an existing encroachment location at 2614 Oxford Street"; and Bill No. 070792, entitled "An ordinance authorizing Richard and Justine Hansen to maintain a one-story garage extension and entranceway steps on the south sidewalk of Poplar Street"; and Bill No. 070817, entitled "An ordinance authorizing the paving of Edgemont Street from Juniata Street to Berkshire Street"; and Bill No. 070818, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion 371 bounded by Rowland Avenue, Ryan Avenue and Sandyford Avenue"; and Bill No. 070822, entitled "An ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 188"; and Bill No. 070823, entitled "An ordinance establishing a no parking anytime regulation on the west side of Butler Street"; and Bill No.

070824, entitled, "An ordinance granting permission to Rekha Patel, owner and operator of the newsstand located on the southeast corner of Juniper and Market Street"; and Bill No. 070826, entitled "An ordinance granting permission to Surenvra Shah, owner and operator of the newsstand located on the southeast corner of 19th and Market Street"; and Bill No. 070866, entitled "An ordinance amending Section 9-205 by prohibiting vending within an area 60th Street, Elmwood Avenue, 67th Street and Kingsessing Avenue"; and Bill No. 070867, entitled "An ordinance authorizing Brandywine Cira South to construct, own and maintain various encroachments"; and Bill No. 070868, entitled "An ordinance authorizing the installation of a traffic signal at the intersection of Cheltenham Avenue and Walnut Lane"; and Bill No. 070871, entitled "An ordinance authorizing Rimas Properties to construct, own and maintain a raised entrance plaza encroachment at 1352 South Street"; and Bill No. 070872, entitled "An ordinance authorizing the Commonwealth of Pennsylvania to construct, own and maintain encroachments into the right-of-way the east side of North Broad Street between Arch and Race Streets"; and Bill No. 070877, entitled "An ordinance amending Section 9-213 of The Code, entitled 'Farmers' Markets,' by adding a permissible location at Aviator Park"; and Bill No. 070879, entitled "An ordinance granting permission to Bradresh Shah, owner and operator of the newsstand located on the northwest corner of 16th and Market Streets," respectfully reports it has considered the same and returns the attached bills to Council with a favorable recommendation.

Thank you. The Chair recognizes Councilman DiCicco. COUNCILMAN DiCICCO: Thank you, Madam President. I move that the rules of Council be suspended so as to permit today the first reading of all the bills that have been read into the record, with the exception of Bill No. 070695. (Duly seconded.)

It has been moved and properly seconded that be suspended so as to permit first reading this day of the bills just reported from committee, with the exception of Bill No. 070695. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bills just read will be placed on our First Reading Calendar for today. Bill No. 070695 will be placed on our First Reading Calendar for our next session of Council. The Chair recognizes Councilman Ramos for a report from the Committee on Labor and Civil Service.

Thank you, Madam President. The Committee on Labor and Civil Service reports one bill with a favorable recommendation.

Thank will please read the report.

To the President and members of the Council of the City of Philadelphia, the Committee on Labor and Civil Service, to which was referred Bill No. 070790, entitled "An ordinance amending Title 22 of The Philadelphia Code, entitled 'Public Employees Retirement Code,' by amending Section 22-1303, entitled 'Exemption from Attachment,' to change the list of designated payees to whom a member, survivor or beneficiary may direct deductions from benefits payments, all under certain terms and conditions," respectfully reports it has considered the same and returns the attached bill to Council with a favorable recommendation.

The Chair recognizes Councilman Ramos.

I move that the rules of Council be suspended so as this day of Bill No. 070790. (Duly seconded.)

It has been moved and properly seconded that the rules of Council be suspended so as to permit first reading this day of the bill just reported from committee. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the bill just read will be placed on our First Reading Calendar for today. The Chair recognizes Councilman Kenney.

Thank you, Madam President. I must leave the Chamber to attend to Council business and I would like to be recorded as voting aye on all bills and resolutions in my Thank you.

Thank you. Leave will be granted. The Chair recognizes Councilman Kelly.

Yes. Madam President, I move to withdraw Resolution No. 070924, which I introduced last week. (Duly seconded.)

All in favor? (Aye.)

Those opposed? (No response.)

The ayes have it and the motion carries. We will now have a special order of business. Council will now proceed under a special order of business, a resolution re-calling Bill No. 070437, and the Chair recognizes Councilwoman Krajewski.

Thank you, Madam President. I offer an amendment to Bill 070437. And I believe a copy of this amendment has been circulated to all members of Council.

No, Joan.

I move for the adoption.

No, Joan. You're offering a resolution.

Oh, I'm sorry. A little ahead of myself. I move to re-call Bill No. 070437. It has been passed by Council --

Councilwoman, can you approach -

And I have an amendment -

Joan, can you come up a minute, please. (Pause.)

I'm sorry, Madam President.

That's fine.

I'm introducing a resolution re-calling Bill 070437.

And I believe the resolution was not circulated yesterday -

I believe it's been circulated to all members.

-- so I would ask that you move for the rules to be suspended for consideration of the resolution at this time.

Yeah. The amendment was circulated.

The resolution was not circulated.

Madam President, I move to suspend the rules as to consider the resolution now. (Duly seconded.)

All favor will say aye. (Aye.)

Those opposed? (No response.)

It has been moved and properly seconded that the rules of Council be suspended so as to permit consideration of Councilwoman Krajewski's resolution at this time. All in favor will signify by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. The Clerk will please read the title of the resolution.

A resolution requesting the Mayor to return to Council Bill No. 070437, entitled "An ordinance to amend the Philadelphia Zoning Maps by the zoning designations of certain areas of land located within an area bounded by Grant Avenue, Frankford Avenue, Pearson Street and I-95 Expressway."

The Chair recognizes Councilwoman Krajewski.

Madam President, I move for the adoption of the resolution. (Duly seconded.)

All in favor will please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the resolution is adopted. The Chief Clerk will please read the letter from the Mayor.

To the President and members of the Council of the City of Philadelphia, I am returning herewith, as requested by your resolution adopted today, Bill No. 070437, entitled "An ordinance to amend the Philadelphia Zoning Maps by changing the zoning designations of certain areas of land located within an area bounded by Grant Avenue, Frankford Avenue, Pearson Street and I-95 Expressway" for the purpose of reconsideration by the Council of the vote by which said bill passed Council.

The Chair recognizes Councilwoman Krajewski for a motion that Council reconsider the vote by which Bill No. 070437 was passed.

So moved, Madam President. (Duly seconded.)

All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it. A majority of all members having voted in the affirmative, the motion carries and the vote by which Bill No. 070437 was passed has been reconsidered. The Chair recognizes Councilwoman Krajewski.

Thank you, Madam President. I offer an amendment to Bill 070437, and a copy of this amendment has been circulated to all members of Council. (Duly seconded.)

Move the adoption, please.

I move for the adoption. I'll get it yet.

I know. (Duly seconded.)

It has been moved and properly seconded that 11/1/07 - STATED - 1ST READING the amendment to Bill No. 070437 be adopted. All in favor will say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and Bill No. 070437 has been amended. This bill will be placed on our Second Reading and Final Passage Calendar for our next session of Council. The next order of business is the consideration of the Calendar. I would ask the Chief Clerk to please read the bills on the First Reading Calendar.

Bill No. 070683, an ordinance amending Chapter 10-700 of The Philadelphia Code, entitled "Refuse and Littering," by adding a section creating a reward program.

The Chair agrees.

And Bill No. 11/1/07 - STATED - 1ST READING 070680, an ordinance granting permission to The Ivy Hill Cemetery Company to expand their cemetery or place of burial located at 1201 Easton Road.

The Chair agrees.

And Bill No. 070690, an ordinance amending Title 17 of The Philadelphia Code, entitled "Zoning and Planning," by adding a new Section 14-1632, entitled "Convention Center Expansion Area Special District Controls."

The Chair agrees.

And Bill No. 060689, an ordinance authorizing the Commissioner of Public Property, on behalf of the City of Philadelphia, to execute and deliver to the Philadelphia Authority for Industrial Development buildings and improvements thereon located at 2501-2515 South Street.

The 11/1/07 - STATED - 1ST READING Chair agrees.

Bill No. 070513, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 163.

The Chair agrees.

And Bill No. 070543, an ordinance authorizing the installation of all-way stop signs at the intersection of Avalon Street and Outlook Street.

The Chair agrees.

And Bill No. 070544, an ordinance authorizing the installation of all-way stop signs at the intersection of Avalon Street and Lavender Street.

The Chair agrees.

And Bill No. 070559, an ordinance amending Title 12 of The Philadelphia Code, entitled "Traffic 11/1/07 - STATED - 1ST READING Code," by providing for the removal or immobilization of vehicles illegally parked in reserved spaces.

The Chair agrees.

And Bill No. 070682, an ordinance amending Section 9-208, entitled "Sidewalk Cafes," by permitting sidewalk cafes to be maintained on Germantown Avenue between Cresheim Valley Road and Rex Avenue.

The Chair agrees.

And Bill No. 070685, an ordinance granting permission to Muhammed Shaukat, owner and operator of the newsstand located at the southwest corner of 10th and Filbert Streets.

The Chair agrees.

And Bill No. 070686, an ordinance authorizing Bodine Street Associates to maintain multi-level bay windows as part of the residential 11/1/07 - STATED - 1ST READING development project at 1111 North Bodine Street.

The Chair agrees.

And Bill No. 070689, an ordinance authorizing CNO, LLC to maintain multi-level bay windows and decks as part of the residential development project at 850 North 3rd Street.

The Chair agrees.

And Bill No. 070694, an ordinance amending Section 9-208, entitled "Sidewalk Cafes."

The Chair agrees.

And Bill No. 070696, an ordinance authorizing the installation of a traffic light at Sorrento Road and Conshohocken Avenue.

The Chair agrees.

And Bill No. 11/1/07 - STATED - 1ST READING 070701, an ordinance establishing a no truck parking and tow-away regulation on Hendrix Street.

The Chair agrees.

And Bill No. 070702, an ordinance establishing a no parking anytime regulation on the east side of Frankford Avenue.

The Chair agrees.

And Bill No. 070703, an ordinance granting permission to Steve Ricchini, owner and operator of the newsstand located on the northwest corner of 15th and Market Streets.

The Chair agrees.

And Bill No. 070789, an ordinance authorizing Joseph and Donna Slabinski to maintain an existing encroachment located at 2614 Orthodox Street.

The 11/1/07 - STATED - 1ST READING Chair agrees.

And Bill No. 070792, an ordinance authorizing Richard and Justine Hansen to maintain a one-story garage extension.

The Chair agrees.

And Bill No. 070817, an ordinance authorizing the paving of Edgemont Street from Juniata to Berkshire Street.

The Chair agrees.

And Bill No. 070818, an ordinance authorizing and directing the revision of lines and grades on a portion of City Plan No. 371 for drainage purposes in the area bounded by Rowland Avenue, Ryan Avenue and Sandyford Avenue.

The Chair agrees.

And Bill No. 070822, an ordinance authorizing and 11/1/07 - STATED - 1ST READING directing the revision of lines and grades on City Plan No. 188.

The Chair agrees.

And Bill No. 070823, an ordinance establishing a no parking anytime regulation on the west side of Butler Street between Aramingo Avenue and Sepviva Street.

The Chair agrees.

And Bill No. 070824, an ordinance granting permission to Rekha Patel, owner and operator of the newsstand located at the southeast corner of Juniper and Market Streets.

The Chair agrees.

And Bill No. 070826, an ordinance granting permission to Surenvra Shah, owner and operator of the newsstand located at the southeast corner of 19th and Market Streets.

The 11/1/07 - STATED - 1ST READING Chair agrees.

And Bill No. 070866, an ordinance amending Section 9-205 of The Philadelphia Code, entitled "Sidewalk Sales," by prohibiting vending within an area bounded by 60th Street, Elmwood Avenue, 67th Street and Kingsessing Avenue.

The Chair agrees.

And Bill No. 070867, an ordinance authorizing Brandywine Cira South to construct, own and maintain various encroachments.

The Chair agrees.

And Bill No. 070868, an ordinance authorizing the installation of a traffic signal at the intersection of Cheltenham Avenue and Walnut Lane.

The Chair agrees.

And Bill No. 11/1/07 - STATED - 1ST READING 070871, an ordinance authorizing Rimas Properties to construct, own and maintain a raised entrance plaza.

The Chair agrees.

And Bill No. 070872, an ordinance authorizing the Commonwealth of Pennsylvania into the right-of-way of the east side of North Broad Street between Arch Street and Race Street.

The Chair agrees.

And Bill No. 070877, an ordinance amending Section 9-213 of The Philadelphia Code, entitled "Farmers' Market."

The Chair agrees.

And Bill No. 070879, an ordinance granting permission to Bradresh Shah, owner and operator of the newsstand located on the northwest corner of 16th and Market Streets. 11/1/07 - STATED - 2ND READING

The Chair agrees.

And Bill No. 070790, an ordinance amending Title 22 of The Philadelphia Code, entitled "Public Employees Retirement Code," by amending Section 22-1303, entitled "Exemption from Attachment."

The Chair agrees. The Chair now recognizes Councilwoman Blackwell for the purpose of calling bills on the Second Reading and Final Passage Calendar to be considered today.

Thank you, Madam President. Today our Calendar begins on . We will consider Bill No. 070698-A and 070699-A. We will skip over to -- I'm sorry; , where we will consider Bill No. 070674 for an amendment. Next, on we will consider Bill Nos. 070540 and 541. On we will consider Bill Nos. 11/1/07 - STATED - 2ND READING 070693, 050743. On and 11 we will consider all bills: Bill Nos. 070697, 820, 821, 788 and 070, on , 154. All other bills are being held.

Thank you. The Chief Clerk will please read the title of 070698-A.

An ordinance amending Title 12, entitled "Traffic Code," for the installation of variable speed limit signs and pedestrian traffic control signals designed to meet the needs of the disabled and senior citizens, all under certain terms and conditions.

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

Councilwoman Blackwell. 11/1/07 - STATED - 2ND READING

Aye.

Councilwoman Campbell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Greenlee.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney voting aye. Councilwoman Krajewski.

Aye.

Councilwoman Miller.

Aye. 11/1/07 - STATED - 2ND READING

Councilman O'Neill.

Aye.

Councilman Ramos.

Aye.

Councilwoman Reynolds Brown.

Aye.

Councilman Rizzo.

Aye.

Councilman Savage.

Aye.

Councilwoman Tasco.

Aye.

Council President Verna.

Aye. The ayes are 17; the nays are zero. A majority of all members having voted in the affirmative, the bill passes. We will now consider Bill No. 11/1/07 - STATED - 2ND READING 070699-A.

An ordinance enacting a new Chapter 12-300 of The Philadelphia Code, entitled "Special Restrictions Upon Use of Vehicles Around Wheelchair Lift Equipped Vehicles," all under certain terms and conditions.

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

Councilwoman Blackwell.

Aye.

Councilwoman Campbell.

Aye.

Councilman Clarke.

Aye.

Councilman DiCicco. 11/1/07 - STATED - 2ND READING COUNCILMAN DiCICCO: Aye.

Councilman Goode.

Aye.

Councilman Greenlee.

Aye.

Councilman Kelly.

Aye.

Councilman Kenney voting aye. Councilwoman Krajewski.

Aye.

Councilwoman Miller.

Aye.

Councilman O'Neill.

Aye.

Councilman Ramos.

Aye.

Councilwoman Reynolds Brown.