It has been moved and seconded that Bill No. 990678 be amended. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman Cohen. I move that Bill No. 990678, as amended, be reported out of Committee with a favorable recommendation and with the request for suspension of rules to permit first reading the next session of Council.
It has been moved and seconded that Bill No. 990678, as amended, be reported out of Committee with a favorable recommendation, with a further recommendation that the Rules of Council be suspended so as to permit first reading at our next meeting. All in favor will signify by saying aye. Those opposed? 455 COMMITTEE ON RULES - PUBLIC MEETING The ayes have it. The motion is carried. The Chair recognizes Councilman O'Neill regarding 990719.
Madam Chair, I move Bill No. 990719 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our to next session of Council. (Duly seconded.)
It has been moved and seconded that Bill No. 990719 be reported out of Committee with a favorable recommendation and that the Rules of Council be suspended so as to permit first reading at our to next session of Council. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman Kenney regarding 990729.
Madam Chair, I move Bill No. 990729 be reported out of this Committee 456 COMMITTEE ON RULES - PUBLIC MEETING with a favorable recommendation, also a recommendation that the Rules of Council be suspended so as to permit first reading at our next Council session. (Duly seconded.)
It has been moved and seconded that Bill No. 990729 be reported out of this Committee with a favorable recommendation, also a recommendation that the Rules of Council be suspended so as to permit first reading at our next meeting. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman Nutter regarding Bill No. 990760.
Madam Chair, there were voluminous amendments put forth. Copies were distributed to the Members, Bills 990760 as well as 990761. Those amendments have not been read into the record. They are somewhat brief. I'd like to read in the amendments.
Read the 457 COMMITTEE ON RULES - PUBLIC MEETING amendments for Bill No. 990760.
Bill No. 990760 proposed amendments are on (3) where it reads the following: "Prohibited uses," strike, shall be prohibited; insert, regulations prohibitions and/or controls shall apply to the following noted areas: On Page, (c)(.4), insert, any type of recreational or cultural use subject to the use qualifications and/or restrictions of the underlying zoning classification. Insert a new (4) entitled Facade Controls. (a) no building shall be erected nor any facade altered on any building or land fronting on any street located within the area described in paragraph (2)(b) or (2)(c) above unless plans of the facade have been approved by the Planning Commission. The Planning commission shall have sixty days to take action, after which it approval shall be presumed; On , (.b), the sentence reads, "All structures feet or more in height above the 23 actual ground level at the base of th structure 24 shall set back from the" -- strike, Conrail 25 right-of-way no less than 25 feet; insert, Manayunk 458 COMMITTEE ON RULES - PUBLIC MEETING Canal no less than 25 feet from the Conrail right-of-way no less than 10 feet. (.c), strike the word after "Conrail right-of-way," "a." , (b), insert a new section (e), the type of material shall be selected from a list of types, sizes of species of plants, and numbers of plants that are appropriate to achieve adequate screening and appropriate for the location of the parking facility; provided, that on Venice Island the plant material shall be of species of plants indigenous to the island and/or the Schuylkill River bank. This list shall be prepared and maintained by the City Planning Commission, in conjunction with Fairmount Park Commission. Those are all the amendments, Madam Chair. For Bill No. 990760, I move adoption of those amendments. (Duly seconded.)
I don't recollect testimony for or against any of these amendments; is that right? I didn't hear any discussion by any 459 COMMITTEE ON RULES - PUBLIC MEETING witnesses.
There was no 4 discussion. It was referenced. I'm not sure given how events, if you were in the room at the time. These are issues discussed at the City Planning Commission offices on Monday of this week. It is certainly my impression from that meeting there is agreement on those items. They didn't go to any longer discussion earlier today.
I move the adoption of the amendments of Bill No. 990760. (Duly seconded.)
It has been moved and seconded that the amendments of Bill No. 17 990760 be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. Chair recognizes Councilman Nutter.
Madam Chair, I move that Bill No. 990760, as amended, be reported out of this Committee with a favorable recommendation and 460 COMMITTEE ON RULES - PUBLIC MEETING further recommendation that the Rules of Council be suspended so as to permit first reading at our next session.
I would like ask that this bill, I'd like Councilman Nutter to consider holding this bill. Many aspects of it, I just became acquainted with it. The environmental aspect troubles me. There are a lot of technical and legal issues raised during the discussion. I don't know if I should be voting for or against the bill; I just don't know enough about it. I suggest this bill be held and reintroduced again by you and come up early and discuss it so we all have an opportunity to understand it.
I understand and appreciate the request, Councilman, as we've discussed on a couple occasions at side bar. One, and this was discussion on Monday, that would essentially put us in a position where we realistically couldn't revisit issues until about April of next year. I do have a very strong concern about the prospect of leaving this area in a G-2 461 COMMITTEE ON RULES - PUBLIC MEETING Industrial without some of the provisions that criteria in the bill do provide. Some controls are better than no controls. So I will have to respectfully decline the request. As the Councilman knows, we will not vote on this matter until Thursday, December 16. In the interim I'll be more than happy, Councilman, to have further meetings and discussions about this issue and try to bring him up to any further speed he would like to be.
I think it's wrong to have this bill come up at this late stage where all of the concerns that have been expressed and been considered by Council for the first time and to have this bill pushed through. I think there is no need to wait until April. I don't know what you're referring to with respect to this bill won't come up until April. It may or may not. I don't think it's any reason to push this through. I have made the request. I think request a fair ought to be honored.
Councilman, with all due respect, let me add to the record, not to extend the day, while a bill at this point in time this issue of zoning and zoning controls in Manayunk has 462 COMMITTEE ON RULES - PUBLIC MEETING been a rather extended process over a considerable amount of time. I know some members of the Community feel that and it's certainly true that the final plan was not available for serious discussion until the meeting of September 9th. But as testified, there were various planning events and a variety of meetings. I will not say whether the process is perfect or not. I'm sure many would state it would be viewed as imperfect. We do vote by the committee on the bill. With regard to the April comment, normally there are no hearings on any bills during the general budget season process, and at least historically we have done that in the months January, February, March.
Councilman, I'm suggesting this is more than a zoning bill. I thought we were considering a zoning bill. I now find it to be a major environmental issue.
Okay. There's motion pending. 463 COMMITTEE ON RULES - PUBLIC MEETING
It has been moved and properly seconded that Bill No. 990760, as amended, be referred out of Committee with a favorable recommendation, and with a further recommendation that the Rules of Council be suspended so as to permit first reading at our next meeting. All in favor will signify by saying aye. Those opposed?
No. I change from the abstention because I think the denial to my request is unreasonable and I think I'm voting no on the bill. I am concerned about the environmental issues, and apparently there has been no opportunity for this Council to consider merits of that question.
The record will note that Councilman Cohen voted no to the motion.
The Chair recognizes Councilman Nutter regarding Bill No. 23 990761.
There were amendments proposed that were similar to the 464 COMMITTEE ON RULES - PUBLIC MEETING previous bill. These need to be consistent. On of Bill 990761(.1), the sentence should read, Every point on a structure shall be a minimum horizontal distance from every lot line which -- strike, is not a; insert, is not a boundary line between the lot and a river, stream, canal, railroad right-of- way or a -- street line in accordance with the following requirements. In point B in the same section, that sentence should read, For building over feet in 12 height equal every point on the structure shall be 13 a -- strike, minimum horizontal distance of 25 feet 14 from every lot; insert, minimum average horizontal 15 distance of 25 feet from every lot line but in no 16 case less than 10 feet. 17 (.2), the sentence should read, Every 18 point on a structure which faces a -- strike, street 19 shall be a minimum horizontal distance from the 20 centerline of said street; insert, river, stream, 21 canal, railroad right-of-way or a street shall be a 22 minimum horizontal distance from the centerline (or 23 the combined centerlines) of said river, stream, 24 canal, railroad right-of-way or a street -- equal to 25 the height of that point above the mean ground level 465 COMMITTEE ON RULES - PUBLIC MEETING at the base of said structure. There are no other amendments to Bill 4 990761. I move the adoption of those amendments. (Duly seconded.)
It has moved and second that the amendments be adopted. All in favor signify by saying aye. Those opposed? The ayes have it. The motion is carried the Chair recognizes Councilman Nutter.
Madam Chair, I move that Bill 990761 as amended be reported out of this Committee with a favorable recommendation and a further recommendation that Rules of Council be suspended so as to permit first reading at our next session. (Duly seconded.)
Mr. President, I make my request again that this bill than held. I make it of Councilman Nutter.
Yes, Madam Chair. Councilman, I think I would, again, respectfully 466 COMMITTEE ON RULES - PUBLIC MEETING respond in the same fashion that I did in the earlier discussion about Bill 990760 and for the same reasons I would have to respectfully decline the request.
It has moved and seconded that Bill No. 990761 be reported out of Committee with a favorable recommendation, as amended, also a recommendation that the Rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will signify by saying aye. Those opposed?
The record will reflect that Councilman Cohen voted note no. 17 The next bill to be considered is Bill 18 No. 990812. The Chair recognizes Councilman DiCicco. AUDIENCE MEMBER. Excuse me, ma'am. May I ask a clarification question, please?
Sorry, we're in a public meeting. If you'll wait until after the public meeting, we'll be happy to recognize you. Thank you. 467 COMMITTEE ON RULES - PUBLIC MEETING
Thank you, Madam Chair. I move for the amendment to Bill 990812 -- I don't know if we read this in the earlier, but I'll supply the Chair and the stenographer with a copy of that amendment. And I also understand that there's an amendment being offered by Councilmember O'Neill.
Are you moving for the adoption of the amendment?
I move for the adoption of the amendment that I am introducing to Bill No. 990812. (Duly seconded.)
It has been moved and seconded that the amendment submitted by Councilman DiCicco be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman O'Neill.
Madam Chair, I'm moving the following amendment, as I mentioned during the hearing, Section B, Subsection 3, adding the language -- actually, one sentence being added 468 COMMITTEE ON RULES - PUBLIC MEETING at that end of that section would read as follows, in the Tenth Councilmanic District, only an owner occupied dwelling unit would be eligible for this exemption. (Duly seconded.)
It has been moved and seconded that the amendment offered by Councilman O'Neill be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman DiCicco.
Thank you, Madam Chair. I move that Bill No. 990812 as amended by both myself and Councilman O'Neill be reported out of this committee with a favorable recommendation and also that the Rules of Council be suspend so as to permit first reading at our next session of City Council. (Duly seconded.)
It has been moved and seconded that the Bill No. 990812 be reported out of Committee with a favorable 469 COMMITTEE ON RULES - PUBLIC MEETING recommendation, as amended, also a recommendation that the Rules of Council be suspended so as to permit first reading at our next meeting. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman O'Neill regarding bill 990817.
Madam Chair, I move that Bill No. 990817 be reported out of this Committee with a favorable recommendation, and a further representation that the Rules of Council be suspended to allow first reading at our next session. (Duly seconded.)
It has been moved and seconded that Bill No. 990817 be reported out of Committee with a favorable recommendation, and also a recommendation that the rules of Council be suspended so as to permit first reading at our next meeting. All in favor will signify by saying aye. Those opposed? 470 COMMITTEE ON RULES - PUBLIC MEETING The ayes have it. The motion is carried. Bill No. 990844, I believe we were waiting for amendment for that.
Yes. Madam Chair amendments have been circulated and I can now report to the Committee that at 6:35 this evening I talked with Otis Haigler from the Department of Licenses and Inspection. We have agreement on amendments to Bill No. 990844, and Mr. Haigler authorized me to say that with those amendments he and the Department supports 990844.
I'd like to read those amendments into the record, Madam Chair.
In section 14-1703, Section 6 (c), at the point where the bill reads "If it so determines" -- add a comma, and if the application is not one that the Department may grant as of right -- continue the sentence, "then the Department shall" -- strike, deny the application, and stamp the application; insert new material, 471 COMMITTEE ON RULES - PUBLIC MEETING issue a refusal or referral and shall note thereon: The sentence continues, "Denied - One Year Rule." In Section (d), start of a sentence, "The" -- strike, denial of an application pursuant to the; insert, issuance of a refusal or referral denoted, "Denied -- the sentence then continues. To the bottom of that same section where the sentence picks up, "Then the Board shall" -- strike, remand the application to the Department for further proceedings; insert, consider the appeal on the merits in accordance with its usual procedures, including the holding of an additional hearing in accordance with Section 14-805, for which reposting shall be required in accordance with Section 16 14-1805(11) and the applicable Board regulations, but for which no additional fee shall be imposed. Letter (e), the sentence reads, "The failure of the Department to deny an application on the basis of the One Year Rule may be raised by any" -- insert, aggrieved -- the sentence continues. New section, insert, Chapter 14-1800, Zoning Board of Adjustment. Section 14-1805, Hearings. (12) Hearings on appeals relating to the One Year Rule set forth in Section 14-1703(6) shall 472 COMMITTEE ON RULES - PUBLIC MEETING be conducted in accordance with the procedures set forth therein. Those are all the amendments, Madam Chair, to Bill 990844. As I mentioned earlier, there is an agreement with the Department of Licenses and Inspections and they support the bill 8 as proposed to be amended, and I would move the adoption of those amendments. (Duly seconded.)
It has been moved and seconded that the amendments be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman Nutter.
Madam Chair, I move that Bill No. 990844, as amended, be reported out of committee with a favorable recommendation and a further recommendations that he Rules of Council be suspended so as to permit first reading at our next session.
It has been moved and seconded that Bill No. 990844 be reported 473 COMMITTEE ON RULES - PUBLIC MEETING out of Committee with a favorable recommendation, as amended, also a recommendation that Rules of Council be suspended so as to permit first reading at next meeting. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The record will reflect that Bill No. 11 990846 has been withdrawn at the request of the sponsor. The Chair recognizes Councilman Kenney regarding 990847.
Madam Chair, I move that Bill No. 990847 be reported out of this Committee favorably, and a request made for rules suspension to allow for first reading at our next Council session. (Duly seconded.)
It has been moved and seconded that Bill No. 990847 be reported out of Committee with a favorable recommendation, also a recommendation that the Rules of Council be suspended so as to permit first reading at our next 474 COMMITTEE ON RULES - PUBLIC MEETING meeting. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman Kenney regarding Bill No. 990848.
Madam Chair, I move that the amendments offered to Bill NO. 990848 be approved. (Duly seconded.)
It has been moved and seconded that the amendments be adopted. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The Chair recognizes Councilman Kenney.
Madam Chair, I move that Bill No. 990848, as amended, be reported out of this Committee favorably, and a request made for Rules suspension to allow for first reading at our next Council session. (Duly seconded.) 475 COMMITTEE ON RULES - PUBLIC MEETING
It has been moved and seconded that Bill No. 990848 be reported out of Committee with a favorable recommendation, as amended, also a recommendation that the Rules of Council be suspended so as to permit first reading at our next meeting. All in favor will signify by saying aye. Those opposed? The ayes have it. The motion is carried. The record will also reflect that Bill 13 990849 has been withdrawn at the request of the sponsor. This concludes the public meeting of the Rules Committee. Thank you all for your patience. (Council adjourned at 7:15 p.m.) - - - 476 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 December 8, 1999, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: COMMITTEE ON RULES ___________________________ Josephine Cardillo, RPR and Notary Public ___________________________ Lisa C. Bradley, RPR and Notary Public