City Council

City of Pittsburgh 510 City-County Building 414 Grant Street Pittsburgh, PA 15219 Meeting Minutes - Final Tuesday, March 8, 2016 10:00 AM Council Chambers City Council ONE-HUNDRED THIRTY-NINTH COUNCIL Bruce A. Kraus, President of Council Council Members: Rev. Ricky V. Burgess, Dan Gilman, Deborah L. Gross, Darlene M. Harris, R. Daniel Lavelle, Corey O'Connor, Natalia Rudiak, Theresa Kail-Smith Mary Beth Doheny, City Clerk - Kimberly Clark-Baskin, Deputy City Clerk City Council Meeting Minutes - Final March 8, 2016 A. ROLL CALL Present 9 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith B. PLEDGE OF ALLEGIANCE C. PROCLAMATIONS 2016-0179 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby commend all of the organizers of and participants in the Annual St. Patrick’s Day Parade; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does, in honor of Pittsburgh’s Irish community, hereby declares the week of March 10-17, 2016 to be “ST. PATRICK’S WEEK” in the City of Pittsburgh. SPONSORS: MR. O'CONNOR AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0180 NOW THEREFORE BE IT RESOLVED, the Council of the City of Pittsburgh thanks LST-325 the military members who served on the LST-325 as well as all of the volunteers who have worked to share its history, and; BE IT FURTHER RESOLVED, the Council of the City of Pittsburgh does hereby declare March 8, 2016 to be “USS LST Ship Memorial Day” in the City of Pittsburgh. SPONSORS: MS. RUDIAK AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0181 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh honors the memory of Edna for the 92 years of joy that she brought to others, and; BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare March 8, 2016 to be “Edna Mae Tuite” Day in the City of Pittsburgh. SPONSORS: MS. RUDIAK AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. City of Pittsburgh Page 1 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 2016-0182 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby declare March 13, 2016 to be “ Pastor Andrew V. Jackson, Jr. Day” in the City of Pittsburgh. SPONSORS: MR. LAVELLE AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0183 NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Pittsburgh does herby commend and celebrate THRIVE Southwest PA, and thanks them for their continued advocacy for the LGBTQ community of the Pittsburgh region; and, NOW, THEREFORE BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Monday, March 14th 2016 to be “THRIVE Southwest PA Day” in the City of Pittsburgh. SPONSORS: MR. KRAUS AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0184 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby wish The Pittsburgh Riverhounds a great season and thank them for their contributions to our youth; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Sunday, March 13, 2016, to be “The Pittsburgh Riverhounds’ Day” in the City of Pittsburgh. SPONSORS: MRS. KAIL-SMITH AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0185 NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby wish to recognize and commend the women who work in the construction industry throughout our region and NAWIC for continuing its goal of inclusiveness and equality for women in construction; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby proclaim the week of March 6th - 12th, 2016 as “Women in Construction Week” in the City of Pittsburgh. SPONSORS: MRS. HARRIS AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. City of Pittsburgh Page 2 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 2016-0186 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby commend Bishop McKinley Young for his long and distinctive service to the African Methodist Episcopal Church; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Friday, March 18, 2016, to be “Bishop McKinley Young Day” in the City of Pittsburgh. SPONSORS: REV. BURGESS AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0187 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby recognize Faye Hanson for her tenacity and resolve in the face of adversity and congratulates Twilight Wish and Mount Union College for their thoughtfulness and generosity in granting such a special wish ; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Wednesday, March 9, 2016, to be “ FAYE HANSON DAY ” in the City of Pittsburgh. SPONSORS: MR. O'CONNOR AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. D. PUBLIC COMMENTS E. PRESENTATION OF PAPERS COUNCILMAN DAN GILMAN PRESENTS: 2016-0171 Resolution providing for the execution of a Cooperation Agreement or Agreements with the Urban Redevelopment Authority of Pittsburgh for the performance of certain work in connection with the 2016-2017 Community Development Block Grant Program, and providing for the payment of the cost thereof, not to exceed $3,754,400. (Council Districts: All). Read and referred to the Committee on Intergovernmental Affairs City of Pittsburgh Page 3 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 2016-0172 Resolution providing for the execution of a Cooperation Agreement or Agreements with the Urban Redevelopment Authority of Pittsburgh for the administration of certain projects and programs and providing for the payment of the cost thereof, and payment of URA property management costs City-wide, not to exceed $927,200.00. (Council Districts: All). Read and referred to the Committee on Intergovernmental Affairs 2016-0173 Resolution providing for the execution of a Cooperation Agreement or Agreements with the Urban Redevelopment Authority of Pittsburgh for the administration of certain projects and programs, and providing for the payment of the cost thereof, not to exceed $1,500,000.00. (Council Districts: All). Read and referred to the Committee on Intergovernmental Affairs COUNCILWOMAN DEBORAH L. GROSS PRESENTS: 2016-0174 Ordinance amending the Pittsburgh Code, Title Nine, Zoning, Article I, Section 902.03 Zoning Map, and Article III, Overlay Zoning Districts, Chapter 907, Development Overlay Districts, Section 907.02, IPOD, Interim Planning Overlay District, by adding a new section 907.02.J to establish a new Interim Planning Overlay District for the Riverfront Zone. Read and referred to the Committee on Land Use and Economic Development COUNCILWOMAN DARLENE M. HARRIS PRESENTS: 2016-0175 Resolution amending Resolution No. 242 of 2015 providing that the City of Pittsburgh enter into a Professional Services Agreement(s) and/or Contracts with Independent Catalyst for professional services in connection with the City of Pittsburgh's Payroll and Human Resource system, (JD Edwards), by increasing the authorized amount from $550,000.00 to $579,625.00, a $29,625.00 increase in 2016. Read and referred to the Committee on Human Resources COUNCILWOMAN NATALIA RUDIAK PRESENTS: City of Pittsburgh Page 4 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 2016-0176 Resolution authorizing issuance of a warrant in the amount of $7,000.00 in favor of Steven Hernandez, 5660 Beacon Street, Pittsburgh, 15217, for damage to his sewer lateral and trap from encroachment from city tree roots. Read and referred to the Committee on Finance and Law 2016-0177 Resolution authorizing issuance of a warrant in the amount of $3,420.00, in favor of Brian Larman, in settlement of a claim for reimbursement for sidewalk damage from city tree roots at 5900 Hampton Street, Pittsburgh, PA 15206. Read and referred to the Committee on Finance and Law COUNCILWOMAN THERESA KAIL-SMITH PRESENTS: 2016-0178 Resolution further amending Resolution No. 772 effective January 1, 2013, as amended, entitled “Adopting and approving the 2013 Capital Budget and the 2013 Community Development Block Grant Program; and approving the 2013 through 2018 Capital Improvement Program,” by reducing Slope Failure Remediation (-$100,000.00) and transferring the funding to the Play Area Improvements (+$100,000.00) line item. Read and referred to the Committee on Public Works A motion was made that this matter be Waived under Rule 8. The motion carried. F. UNFINISHED BUSINESS 2016-0100 Resolution appointing Jacalyn Mignogna 1193 Mica Drive, North Huntington, PA 15642, as a member of the Commission on City Archives, for a term to expire on December 31, 2017. A motion was made that this matter be Approved. The motion carried. G. REPORTS OF COMMITTEE - FINAL ACTION COUNCILWOMAN NATALIA RUDIAK PRESENTS COMMITTEE ON FINANCE AND LAW City of Pittsburgh Page 5 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 2016-0165 Report of the Committee on Finance and Law for March 2, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0040 Resolution providing for the filing of petitions for the sale of certain properties, acquired at tax sales, in accordance with Act No.171 of 1984, “Second Class City Treasurer Sale and Collection Act”, effective December 11, 1984. ITEMS A through N. A: 508 Wicklow, B: 506 Wicklow, C: 504 Wicklow, D: 5365 Wicklow, E: 505 Wicklow, F: 507 Wicklow, G: 509 Wicklow, H: 514 Fannel, I: 511 Edlam, J: 507 Edlam, K: 509 Edlam, L: 513 Edlam, M: 519 N. Fairmount, N: 468 Enright A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor 2016-0098 Resolution authorizing the issuance of a warrant in the total sum of $7,056.00 to Burns White LLC, Four Northshore Center, and 106 Isabella St., Pittsburgh, PA 15212 for professional consulting services in connection with expert consulting services related to Beech Construction Inc. vs. City of Pittsburgh. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor City of Pittsburgh Page 6 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 2016-0117 Resolution authorizing the Mayor and the City Solicitor on behalf of the City of Pittsburgh to enter into a Professional Services Agreement or Agreements with Rothman Gordon, P.C. to provide professional legal representation to the City in the real estate tax assessment case of Omni Pittsburgh Corporation v. The Board of Property Assessments Appeals and Review (case docket no. BV-13-006771) at a cost not to exceed Five Thousand Dollars and No Cents ($5,000.00) A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor 2016-0132 Resolution authorizing and directing the issuance of a warrant in favor of Optimus Technologies, in the amount of Five Thousand Six Hundred and Twenty Five Dollars ($5,625.00), in full and final payment for the provision of one bio-fuel tank per the existing contract language. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor 2016-0133 Resolution authorizing issuance of a warrant in the amount of $2,800.00, in favor of Anthony Cosnotti, in settlement of a claim for reimbursement for sidewalk damage from city tree roots at 3946 Liberty Avenue, Pittsburgh, PA 15224. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 City of Pittsburgh Page 7 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 Abstain: 0 Out of Room: 1 - Mr. O'Connor 2016-0134 Resolution authorizing issuance of a warrant in the amount of $2,724.00, in favor of Maelene J. Myers, in settlement of a claim for reimbursement for sidewalk damage from city tree roots at 5820 Wayne Road, Pittsburgh, PA 15206. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor 2016-0135 Resolution authorizing issuance of Resolution authorizing issuance of a warrant in the amount of $2,685.69 to Chaffin Luhana, LLP, FBO Faron Hill, 3054 Pennsylvania Avenue, Weirton WV 26062, in settlement of a First Party Medical Benefits claim of Faron Hill, from a motor vehicle accident on January 6, 2014, while being transported by a City of Pittsburgh EMS Medic Unit. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor 2016-0136 Resolution authorizing issuance of a warrant in the amount of $3,416.27, in favor of Bradly W. Richards, 1343 Davis Avenue, Pittsburgh, PA 15212, in settlement of a claim for property damage due to felled limbs of city right of way trees on or about May 27, 2014. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith City of Pittsburgh Page 8 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor 2016-0137 Resolution authorizing issuance of a warrant in the amount of $3,516.00, in favor of Erin Ruscoe, in settlement of a claim for reimbursement for sidewalk damage from city tree roots at 801 N. Highland Avenue, Pittsburgh, PA 15206. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor 2016-0138 Resolution authorizing issuance of a warrant in the amount of $2,960.00, in favor of Bertha Smith, in settlement of a claim for reimbursement for sidewalk damage from city tree roots at 600 N. Taylor Avenue, Pittsburgh, PA 15212. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor COUNCILMAN R. DANIEL LAVELLE PRESENTS COMMITTEE ON PUBLIC SAFETY SERVICES 2016-0166 Report of the Committee on Public Safety Services for March 2, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. City of Pittsburgh Page 9 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 2016-0130 Resolution authorizing the Director of Public Safety and the Chief of Police to enter into a grant agreement with the Heinz Endowment and further authorizing legitimate expenditures by the Bureau of Police, for purchases authorized by the Grant Agreement and for the execution of agreement(s), or contract(s) for any equipment or services required in connection with the execution of said grant. Said agreement(s) or contract(s) shall not exceed one hundred thousand dollars and zero cents ($100,000.00). A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor COUNCILWOMAN THERESA KAIL-SMITH PRESENTS COMMITTEE ON PUBLIC WORKS 2016-0167 Report of the Committee on Public Works for March 2, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0139 Resolution authorizing the Mayor and/or the Director of the Department of Public Works, on behalf of the City of Pittsburgh (CITY), to enter into a coop agreement with the Mount Washington Community Development Corporation (MWCDC) for the purpose of accessing grant funds that will be used for the construction the Shiloh Street Gateway Project and further providing for legitimate expenditures for payments and agreement or agreements, or contract or contracts for any services required in connection with the expenditure of said grant funds per the original intent of the grant award. Said agreement or agreements, contract or contracts or expenditures shall not exceed $99,297.22. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith City of Pittsburgh Page 10 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor 2016-0158 Resolution granting unto Three Crossings Riverfront East, L.P., a Pennsylvania limited partnership, One Oxford Centre, Suite 4500, Pittsburgh, PA 15219, its successors and assigns, an encroachment (i) for a staircase that is part of its riverfront development, and (ii) to construct, maintain and use at its own cost and expense, the streetscaping features described herein, for the benefit of the public right of way and neighboring properties on the right of way at 26th Street from Railroad Street north to the Allegheny River, in the Strip District neighborhood of the of the City of Pittsburgh, 2nd Ward, 7th Council District. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor COUNCILWOMAN DEBORAH L. GROSS PRESENTS COMMITTEE ON LAND USE & ECONOMIC DEVELOPMENT 2016-0168 Report of the Committee on Land Use and Economic Development for March 2, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0129 Ordinance accepting new street names, MELISSA STREET, EMMA WAY, and DANIELLE STREET in the Seventh Ward of the City of Pittsburgh as per recommendation by the City of Pittsburgh Addressing Committee (CPAC). The following streets were approved by CPAC in January 2016. The names listed in this ordinance shall be made official in accordance with the Pittsburgh Code, Title Four, Public Places and Property, Chapter 420 Uniform Street Naming and Addressing. A motion was made that this matter be Passed Finally. The motion carried by the following vote: City of Pittsburgh Page 11 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor COUNCILMAN COREY O'CONNOR PRESENTS COMMITTEE ON URBAN RECREATION 2016-0169 Report of the Committee on Urban Recreation for March 2, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0131 Resolution amending Resolution No. 634 of 2015 authorizing providing for an Agreement or Agreements with CleanNet Systems of Pennsylvania, Inc., or another vendor chosen through the City bid process for the purpose of providing custodial and cleaning services at Citiparks’ twenty-two recreation and Healthy Active Living (Senior) centers for one (1) year. The total cost shall not exceed One Hundred Seventy Six Thousand and Six Hundred Twenty Five Dollars ($176,625.00). Two Hundred Thirty-Five Thousand Four Hundred Sixty-Four Dollars and No Cents ($235,464.00). A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor COUNCILMAN DAN GILMAN PRESENTS COMMITTEE ON INTERGOVERNMENTAL AFFAIRS 2016-0170 Report of the Committee on Intergovernmental Affairs for March 2, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. City of Pittsburgh Page 12 Printed on 3/9/2016 City Council Meeting Minutes - Final March 8, 2016 2016-0128 Resolution adopting Plan Revision to the City of Pittsburgh’s Official Sewage Facilities Plan for the Hillcrest Senior Residences at 2920 Brownsville Road, Pittsburgh, PA 15227. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Out of Room: 1 - Mr. O'Connor I. MOTIONS AND RESOLUTIONS K. EXCUSE ABSENT MEMBERS L. APPROVAL OF MINUTES M. ADJOURNMENT P LEGISLATION PRESENTED BY SIGN LANGUAGE INTERPRETER City of Pittsburgh Page 13 Printed on 3/9/2016