Stated Meeting, October 23, 2003

COUNCIL OF THE CITY OF PHILADELPHIA STATED MEETING Room 696, City Hall Philadelphia, Pennsylvania Thursday, October 23, 2003 10:35 a.m. PRESENT: COUNCIL PRESIDENT ANNA C. VERNA COUNCILWOMAN JANNIE BLACKWELL COUNCILMAN DARRELL L. CLARKE COUNCILMAN DAVID COHEN COUNCILMAN FRANK J. DICICCO COUNCILMAN W. WILSON GOODE, JR. COUNCILMAN JAMES F. KENNEY COUNCILWOMAN JOAN L. KRAJEWSKI COUNCILMAN RICHARD T. MARIANO COUNCILMAN MICHAEL A. NUTTER COUNCILMAN BRIAN J. O'NEILL COUNCILMAN ANGEL L. ORTIZ COUNCILMAN RICHARD T. MARIANO COUNCILWOMAN DONNA REED MILLER COUNCILWOMAN BLONDELL REYNOLDS BROWN COUNCILMAN FRANK RIZZO COUNCILWOMAN MARIAN B. TASCO PATRICIA RAFFERTY, CHIEF CLERK V A R A L L O Incorporated Litigation Support Services Eleven Penn Center 1835 Market Street, Suite 600 Philadelphia, Pennsylvania 19103 215.561.2220 215.567.2670

Good morning, everyone. I note that the hour has come and that a quorum of this Council is present. Council will please come to order. Members will take their seats. To give our invocation this morning, the Chair welcomes the Reverend Paul Kennedy, President of Cardinal Dougherty High School. He is here today as the guest of Councilman O'Neill. All members and guests will please rise. REV. KENNEDY: Let us take a moment and place ourselves in the presence of God. All powerful and eternal God, we come before you aware that all that we have comes from your goodness. We ask you to bless our efforts on behalf of the people of this City of Brotherly Love. You have created us in your own image and likeness and have given us the rule of all creation. You have made us the stewards of your creation and have given us the responsibility to care for it and protect it. You have given us our minds and our intellect so that we may know what is right and good. You have given us our hearts that we may reflect your love and share your love with our our minds and our hearts that they may be enlightened and joyful. We come before you today to place the Members of City Council in your hands as they prepare this day to serve their brothers and sisters. Give them a spirit of courage and right judgment. Give them a spirit of knowledge and of love. Inspire them with words and deeds that will encourage and uplift others. Help the members of this body to be faithful servants and wise administrators. May they always keep the common good and the good of all before them in their words and in their deliberations. This day we ask for a blessing, not only on the men and women of Philadelphia's City Council, but upon all the people of our City. Bless the young and the old, the healthy and the sick. Those who have plenty and those who lack the bear necessities that they need. Bless all of them and us with your renewed love. Bless those who serve us in this Chamber and those who put their lives at our service each day in the police precincts and the fire houses of our City. Bless and reward all of them for their self less dedication. We make this today and we place ourselves in your loving care. Amen.

The Chair thanks Reverend Kennedy for his very inspiring invocation. Council will be at ease. (Council at ease.)

The next order of business is the approval of the Journal of the meeting of October 16, 2003. And the chair recognizes Councilwoman Blackwell.

Thank you, Madam President. I move that the Journal of the meeting of Thursday, October 16, 2003, stand approved. (Duly seconded.)

It has been moved and properly seconded that the Journal of the meeting of Thursday, October 16, 2003, stand approved. All in favor will indicate by saying aye. (Aye.)

Those opposed, nay. (No response.)

The ayes have it. The motion carries, and the Journal of the meeting of Thursday, October 16, 2003 is approved. The next order of business is request for leave of absence. And again, the Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. There are no requests for leaves of absence on the part of the Majority.

The Chair thanks the Councilwoman. The Chair recognizes Councilman O'Neill.

Madam President, on behalf of the Republicans, there are no requests for leaves of absence.

The Chair thanks the gentleman. The Chair will dispense with the regular order of business to recognize the guests and visitors joining us in Chambers this morning. On behalf of all Members of City Council, I welcome you to our Council session. We appreciate your taking the time to join us as we attend to the legislative We certainly invite you to come again. The next order of business is communications. The Chair requests that the Sergeant-at-Arms deliver the messages from the Mayor to the Clerk. The Clerk will please read the messages from the Mayor. THE

To the President and Members of the Council of the City of Philadelphia, I am pleased to advise you that on October 23, 2003, I signed all the bills that were passed by Council at its Session on October 9, 2003, except Bill No. 030486. And I am herewith returning to you as disapproved Bill No. 030486 at the request of the sponsor. And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 424S from 30th Street to 31st Street, under certain terms and conditions. And an ordinance authorizing the Commissioner of Public Property on behalf of the purchase fee simple title to certain parcel of land with the buildings and improvements thereon known as 2212 West Indiana Avenue. And an ordinance to authorize the Water Commissioner on behalf of the City to enter into an agreement with owner of the property and its successors at 1027 Westview street. And an ordinance authorizing the construction of sanitary sewer and appurtenant work in portions of Westview Street. And an ordinance authorizing the construction of sanitary sewer and appurtenant work in portions of Dearnley Street. And an ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owner of a property of 201-299 Shawmont Avenue.

Thank you. The messages will be printed in the Journal. The Clerk will please read any other communications in her possession. THE

That's all I have, Madam President. & RESOLUTIONS

Thank you. The next order of business is the introduction of bills and resolutions. The Chair recognizes Councilwoman Blackwell for a motion.

Thank you, Madam President. I move that the rules of Council be suspended so as to permit immediate consideration at their time of introduction. (Duly seconded.)

It has been moved and properly seconded that the Rules of Council be suspended so as to permit immediate consideration of resolutions at the time of introduction. All in favor of the motion will please say aye. (Aye.)

Those opposed? (No response.)

The ayes have it and the motion carries. The Chair recognizes Councilman Kenney.

Thank you, Madam & RESOLUTIONS President. I have no bills or resolutions today.

Thank you. The Chair recognizes Councilwoman Blackwell.

Thank you, Madam President. This morning I introduce one bill and one resolution on your behalf.

Thank you. The Clerk will please read the title of the bill. THE

An ordinance authorizing the revision of lines and grades on a portion of City Plan No. 24S by placing on the City plan a certain right-of-way for gas main purposes within the lines of former Morris Street from 30th Street to 31st Street.

The bill will be referred to the appropriate committee. THE

And a resolution approving a revision to the Presbyterian Village Institutional Development District IDD Master Plan.

The Chair recognizes Councilwoman Blackwell.

I move for the adoption of the resolution. & RESOLUTIONS (Duly seconded.)

It has been moved and properly seconded that the resolution be a adopted. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilman Cohen.

Madam President, I have no bills or resolutions today.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Krajewski.

Madam President, I have one bill.

The Clerk will please read the title of the bill. THE

An ordinance amending Title 10 of the Philadelphia Code, entitled "Regulation of Individual Conduct and Activity," by & RESOLUTIONS amending Chapter 10-400 entitled "Noise and Excessive Vibration" by adding a new section granting to the Department of Public Health, the Police Department and the Department of License and Inspections the authority to issue tickets in residential districts for violations of this chapter.

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Mariano.

I have no bills or resolutions, Madam President.

The Chair thanks the gentleman. The Chair recognizes Councilwoman Tasco.

I have one resolution, Madam President.

Thank you. The Clerk will please read the title of the resolution. THE

A resolution honoring Calvin V. Johnson, M.D.

The Chair recognizes Councilwoman Tasco. & RESOLUTIONS

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

It has been moved and properly seconded that the resolution be adopted. All in favor will indicate by saying aye. (Aye.)

Those opposed? (No response.)

The ayes have it, and the resolution is adopted. The Chair recognizes Councilwoman Miller.

Thank you, Madam President. Today, I offer two bills.

Thank you. The Clerk will please read the title of the first bill. THE

An ordinance authorizing the Commissioner of Public Property to execute and deliver to the Redevelopment Authority City of Philadelphia without consideration deeds located in the 11th Ward of the City of Philadelphia. & RESOLUTIONS

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the Commissioner of Public Property on behalf of the City of Philadelphia to purchase fee simple title to a certain parcel of land with the buildings and improvements thereon known as 2212 West Indiana Street.

The bill will also be referred to the appropriate committee. The Chair recognizes Councilman Nutter.

Thank you, Madam President. I offer 10 bills, one of which is on behalf of the Councilman DiCicco and I. THE

An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning," by amending Chapter 14-1200 entitled "Reserved" by adding a new Chapter 14-1200 entitled "Pending Public Acquisition District."

The bill will be referred to the appropriate committee. THE

An ordinance granting permission to Sally Ferry, owner of Sprig's Restaurant, tenant of the property located 3749-51 & RESOLUTIONS Midvale Avenue.

The bill will be referred to the appropriate committee. THE

An ordinance granting permission to Sandra Davis, owner of Hidden River Cafe, tenant of the property located at 3572 Indiana Queen Lane.

This bill will also be referred to the appropriate committee. THE

And an ordinance authorizing the revision of lines and grades on a portion of City Plan No. 163 by striking from the City Plan and abandoning a portion of a certain rights-of-way for drainage purposes and gas main purposes.

The bill will be referred to the appropriate committee THE

And an ordinance authorizing the Commissioner of Public Property on behalf of the City to exchange fee simple title to approximately 292 square feet of certain Fairmount Park land with the improvements thereon located northeast of the Manayunk Canal.

This bill will & RESOLUTIONS be referred to the appropriate committee. THE

An ordinance establishing a no parking regulation on Grakyn Lane, Old Line Road to Wissahickon Lane, both sides.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the Procurement commissioner to enter into a contract for the construction of sanitary sewer and appurtenant work in portions of Westview Street.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owner of 1027 Westview Street.

This bill will be referred to the appropriate committee. THE

And an ordinance authorizing the construction of sanitary sewer and appurtenant work in portions of Dearnley Street, Flamingo Street, Wigard Street, Fowler Street and Manti Street. & RESOLUTIONS

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the Water Commissioner on behalf of the City to enter into an agreement with the owner of the property 201 through 299 Shawmont Avenue.

The bill will be referred to the appropriate committee. The Chair recognizes Councilwoman Brown.

Thank you, Madam President. I offer no bills or resolutions this morning.

Thank you. The Chair recognizes Councilman Goode.

Thank you, Madam President. I have no bills or resolutions.

The Chair thanks the. The Chair recognizes Councilman Ortiz.

Thank you, Madam President. I have no bills or resolutions today.

The Chair recognizes Councilman DiCicco.

Thank you, Madam & RESOLUTIONS President. I offer two bills.

Thank you. The Clerk will please read the title of the first bill. THE

An ordinance amending Title 14 of the Philadelphia Code, entitled "Zoning and Planning, "adding a new chapter providing for the creation of neighborhood conservation districts providing for the adoption of design guidelines for properties within such districts.

The bill will be referred to the appropriate committee. THE

And an ordinance authorizing the revision of lines and grades on a portion City Plan No. 97 by striking from the City Plan and vacating Reese Street from Bainbridge Street to Kater Street.

This bill will also be referred to the appropriate committee. The Chair recognizes Councilman O'Neill.

Madam President, I have no bills or resolutions.

Thank you. The Chair recognizes Councilman Clarke. & RESOLUTIONS

Thank you, Madam President. I have one bill.

Madam President, I'm sorry. I just had a bill delivered to me. I'll give it to you after Councilman Clarke.

The Clerk will please read the title of Councilman Clarke's bill. THE

An ordinance amending Section 9-205 of the Philadelphia Code relating to "Sidewalk Sales" to permit sidewalk sales on Germantown Avenue between York Street and Butler Street.

The bill will be referred to the appropriate committee. The Chair recognizes Councilman Rizzo.

Madam President, no bills or resolutions today.

Thank you. The Chair again recognizes Councilman O'Neill.

Madam President, I offer one bill. Thank you.

The Clerk will please read the title of the bill. 10/23/03 - STATED - 2ND READING & FINAL PASSAGE THE

An ordinance establishing a no parking regulation on Red Lion Road between Norcom Road and Roosevelt Boulevard.

The bill will be referred to the appropriate committee. As there are no reports from committees today, the next item of business is the consideration of the Calendar. As there are no bills on the First Reading Calendar this week, we will proceed to the bills on the Second Reading and Final Passage Calendar. The Chair recognizes Councilwoman Blackwell for the purpose of calling up bills on the Second Reading and Final Passage Calendar to be considered today.

Thank you, Madam President. Today Bill Nos. 030483, 030612, and 030617 are being called up for second reading and final passage. All other bills are being held.

Thank you. The Clerk will please read the title of Bill No. 030383. THE

An Ordinance amending 10/23/03 - STATED - 2ND READING & FINAL PASSAGE Title 14 of the Philadelphia Code related to "Zoning and Planning" by amending Chapter 14-200, entitled "Residential Districts," by amending Chapter 14-100 entitled "General Provisions" by adding definitions amending certain definitions and renumbering definitions, 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 Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. THE

Councilwoman Krajewski.

Aye. 10/23/03 - STATED - 2ND READING & FINAL PASSAGE THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the affirmative, the bill passes. The next bill to be called for 10/23/03 - STATED - 2ND READING & FINAL PASSAGE consideration is Bill No. 030612. THE

An ordinance authorizing Neighborhood Improvement District Management Associations to provide for interest to accrued upon assessment fees levied upon property owners within a Neighborhood Improvement District if such fees are not paid when due, 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 Clerk will please call the roll. THE

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney.

Aye. 10/23/03 - STATED - 2ND READING & FINAL PASSAGE THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 16, the nays are 0. A majority of all Members having voted in the 10/23/03 - STATED - 2ND READING & FINAL PASSAGE affirmative, the bill passes. The last bill to be called for consideration is Bill No. 030613. THE

An ordinance amending Title 14 of the Philadelphia Code relating to "Zoning and Planning," by amending Chapter 14-1600 entitled "Miscellaneous," by adding a new Section 14-1607.1 entitled "Special Controls for Chestnut Street," under certain terms and conditions.

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

Councilwoman Blackwell.

Aye. THE

Councilman Clarke.

Aye. THE

Councilman Cohen.

Aye. THE

Councilman DiCicco.

Aye. THE

Councilman Goode.

Aye. THE

Councilman Kenney. 10/23/03 - STATED - 2ND READING & FINAL PASSAGE

Aye. THE

Councilwoman Krajewski.

Aye. THE

Councilman Mariano.

Aye. THE

Councilwoman Miller.

Aye. THE

Councilman Nutter.

Aye. THE

Councilman O'Neill.

Aye. THE

Councilman Ortiz.

Aye. THE

Councilwoman Reynolds Brown.

Aye. THE

Councilman Rizzo.

Aye. THE

Councilwoman Tasco.

Aye. THE

Council President Verna.

Aye. The ayes are 16, the nays are 0. A having voted in the affirmative, the bill passes. That concludes the Calendar for today. Are there speeches on part of the Minority? (No response.)

Are there any speeches on the part of the Majority? (No response.)

Seeing none, the Chair recognizes Councilwoman Tasco for a motion to adjourn.

Madam President, I move that Council stand adjourned until Thursday, October 30 at 10:00 a.m., 2003.

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

Those opposed? (No response.)

The ayes have it. Council stands adjourned until Thursday, October 30, 2003. Thank you. (Council adjourned at 11:00 a.m.) ¡›î› 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 October 23, 2003, were reported fully and accurately by me, and that this is a correct transcript of the same. RE: STATED MEETING _________________________ Lisa C. Bradley, RPR