City Council

City of Pittsburgh 510 City-County Building 414 Grant Street Pittsburgh, PA 15219 Meeting Minutes - Final Tuesday, July 26, 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 July 26, 2016 A. ROLL CALL Present 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith Absent 2 - Mr. Gilman, and Ms. Rudiak B. PLEDGE OF ALLEGIANCE C. PROCLAMATIONS 2016-0686 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby recognize and commend Omicello and Omicello Cares for its high impact and visionary approach to community involvement and development and congratulates them on the third year of The DreamOn Festival; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Tuesday, July 26, 2016, to be “Omicello DreamOn Festival 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. 2016-0687 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby congratulate the Class of 1966 on their 50th High School Reunion; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Friday-Sunday, July 29-July 31, 2016, to be “SHHS Class of 1966 Days” in the City of Pittsburgh. SPONSORS: MRS. KAIL-SMITH, MR. KRAUS, MR. O'CONNOR AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. City of Pittsburgh Page 1 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 2016-0688 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby recognize the tremendous contributions of the Delta Sigma Theta Sorority, the Eastern Region and the local chapters in Pittsburgh, and does hereby celebrate the occasion of the sorority’s 50th Annual Eastern Region Conference; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare August 4th through August 7th to be “Delta Sigma Theta Eastern Regional Conference Week” in the City of Pittsburgh. SPONSORS: MR. GILMAN, MR. LAVELLE, REV. BURGESS AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0689 NOW, THEREFORE BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby recognize the staff of UPMC Shadyside Hospital for offering Pittsburgh residents high-quality and lifesaving care, helping to establish Pittsburgh as a worldwide leader in the medical sector, and contributing to the quality of life of the Pittsburgh region and does hereby celebrate the hospital’s 150th anniversary; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare August 3, 2016 to be “UPMC Shadyside Hospital 150th Anniversary Day” in the City of Pittsburgh. SPONSORS: MR. GILMAN AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. City of Pittsburgh Page 2 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 2016-0690 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby recognize the life and legacy of Susie Gross, for her extraordinary teaching career and her devotion to the children of the J.C.C. Pre-School and commends the J.C.C. for the naming of a pre-school room in her memory and raises a glass of Diet Coke on the day of the dedication of Susie’s Room; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Friday, August 19, 2016, to be “Susie Gross 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. 2016-0691 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby commend the international partnership that was formed between Pittsburgh Presbytery and the Church of Central Africa Presbyterian and their mission of relationship building; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Tuesday, July 26, 2016, to be “Presbyterian International Partnership 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. D. PUBLIC COMMENTS E. PRESENTATION OF PAPERS COUNCILMAN REVEREND RICKY V. BURGESS PRESENTS: 2016-0681 Resolution authorizing the Mayor, the Director of Permits, Licenses, and Inspections, the Director of City Planning and the Chief of Innovation & Performance to enter into a Professional Service Agreement or Agreements with buildingeye, Inc. (“buildingeye”) to purchase software and related support services that will create an interactive map for internal and public visual display of planning, permit, license, and violation data, at a total cost not to exceed $126,000.00. Read and referred to the Committee on Performance and Asset Management City of Pittsburgh Page 3 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 A motion was made that this matter be Waived under Rule 8. The motion carried. COUNCILMAN DAN GILMAN PRESENTS: 2016-0682 Resolution adopting Plan Revision to the City of Pittsburgh’s Official Sewage Facilities Plan for the Forbes Avenue Apartments located at 3407-3417 Forbes Avenue, Pittsburgh, Pennsylvania 15213. Read and referred to the Committee on Intergovernmental Affairs A motion was made that this matter be Waived under Rule 8. The motion carried. COUNCILWOMAN THERESA KAIL-SMITH PRESENTS: 2016-0683 Resolution authorizing the Mayor and Director of Public Works to enter into a reimbursement agreement to receive grant funding from the South Side Slopes Neighborhood Association for repairs to a section of Oakley Way steps and further providing for an agreement and expenditures not to exceed One Hundred Thousand ($100,000.00) dollars for this stated purpose. Read and referred to the Committee on Public Works A motion was made that this matter be Waived under Rule 8. The motion carried. 2016-0684 Resolution vacating portions of Guckert Way, Turtle Way, and 5 Foot Unnamed Way in the 23rd Ward, 1st Council District of the City of Pittsburgh. Read and referred to the Committee on Public Works A motion was made that this matter be Waived under Rule 8. The motion carried. City of Pittsburgh Page 4 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 2016-0685 Ordinance amending the Pittsburgh Code, Title Nine, Zoning, Article I, Section 902.03 Zoning Map, by changing from R1D-L, Residential Single-Unit Detached, Low Density District to P, Parks District, all that certain property bounded by Greenside Avenue; lot number 68, block 36-C in the Allegheny County Block and Lot System; lots numbered 120, 110, 92 and 68, block 17-R in the aforesaid system; lot number 100, block 17-S in the aforesaid system; the existing Medhurst Street right-of-way; lot number 278, block 36-D in the aforesaid system; lot number 312, block 36-C in the aforesaid system; the existing P Parks Zoning District boundary line; and lot number 72, block 36-C in the aforesaid system; 20th Ward. SPONSORS: MRS. KAIL-SMITH Read and referred to the Committee on Land Use and Economic Development A motion was made that this matter be Waived under Rule 8. The motion carried. F. UNFINISHED BUSINESS 2016-0571 Resolution appointing Sister Patrice Hughes SC, 1900 Pioneer Avenue, Pittsburgh PA 15226, as a Commissioner of the Citizens Police Review Board of the City of Pittsburgh for a term to expire on October 31, 2017. Sister Patrice Hughes will fill the seat vacated by Ms. Leshonda Roberts. 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 2016-0675 Report of the Committee on Finance and Law for July 20, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. City of Pittsburgh Page 5 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 2016-0613 Ordinance amending and supplementing the City Code at Title Two: Fiscal, Article I: Administration, so as to add a new Chapter entitled “Acceptance of Gifts to City.” SPONSORS: MS. RUDIAK A motion was made that this matter be AMENDED. The motion carried by the following vote: Aye: 6 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 1 - Mr. Kraus Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak A motion was made that this matter be Passed Finally, As Amended. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak 2016-0615 Resolution further amending Resolution No. 675 of 2008, effective January 1, 2009, as amended, entitled “adopting and approving the 2009 Capital Budget and the 2009 Community Development Block Grant Program; and approving the 2009 through 2013 Capital Improvement Program” so as to reprogram the funding from UPTOWN PLANNING STUDY to BUILDING MAINTENANCE PROGRAM. The funds will be used for renovations to an elevator in the City-County Building. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak City of Pittsburgh Page 6 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 2016-0616 Resolution further amending Resolution No. 768 of 2009, effective January 1, 2010, as amended, entitled “adopting and approving the 2010 Capital Budget and the 2010 Community Development Block Grant Program; and approving the 2010 through 2014 Capital Improvement Program” so as to reprogram the funding from UPTOWN PLANNING STUDY to BUILDING MAINTENCE PROG. The funds will be used for renovations to the Schenley Pool ADA-accessible entrance, an elevator in the City-County Building, and building out facilities at the Community College of Allegheny County for use as police training facilities. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak 2016-0617 Resolution further amending Resolution No. 796 of 2013, effective January 1, 2014, as amended, entitled “adopting and approving the 2014 Capital Budget and the 2014 Community Development Block Grant Program; and approving the 2014 through 2019 Capital Improvement Program” so as to reprogram the funding from UPTOWN PLANNING STUDY to BUILDING MAINTENCE PROG. The funds will be used to build out facilities at the Community College of Allegheny County for use as police training facilities A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak COUNCILMAN R. DANIEL LAVELLE PRESENTS COMMITTEE ON PUBLIC SAFETY SERVICES City of Pittsburgh Page 7 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 2016-0676 Report of the Committee on Public Safety Services for July 20, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0618 Ordinance amending the Pittsburgh City Code, Title Eight, Fire Prevention, Chapter 801, Adoption, Enforcement, and Amendments, by repealing Chapter 801 in its entirety and replacing it with a new Chapter 801. SPONSORS: MR. GILMAN AND MRS. HARRIS A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak 2016-0619 Ordinance amending and supplementing the Pittsburgh City Code, Title Eight, Fire Prevention, by adding Chapter 802, Fire Safe Building Inspection Program. SPONSORS: MR. GILMAN, MRS. HARRIS AND MRS. KAIL-SMITH A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak 2016-0621 Ordinance amending the Pittsburgh Code, Title Six, Conduct, Article I, Regulated Rights and Actions, by adding Chapter 612: Automatic External Defibrillators. SPONSORS: MR. GILMAN, MRS. HARRIS AND MS. RUDIAK A motion was made that this matter be Passed Finally. The motion carried by the following vote: City of Pittsburgh Page 8 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak COUNCILWOMAN DEBORAH L. GROSS PRESENTS COMMITTEE ON LAND USE & ECONOMIC DEVELOPMENT 2016-0677 Report of the Committee on Land Use and Economic Development for July 20, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0611 Resolution amending Resolution No. 215, effective April 22, 2016, entitled: providing for the filing of a Community Development statement by the City of Pittsburgh with the U.S. Department of Housing and Urban Development for a grant in connection with the 2010 Community Development Block Grant Program; providing for the execution of grant contracts and for the filing of other data providing for required assurances; providing for execution of payment vouchers on letter of credit and for certification of authorized signature; the deposit of the funds in a bank account and providing for the payment of expenses within categories, so as to transfer funds within City Council from: “District 1 Equipment” (-$7,500.00); and transfer these funds to “Sarah Heinz House” (+$5,000.00) and “Little Sisters of the Poor” (+$2,500.00). SPONSORS: MRS. HARRIS A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak City of Pittsburgh Page 9 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 2016-0612 Resolution amending Resolution 216, effective April 22, 2016, entitled: Resolution providing for an Agreement or Agreements with various community organizations for operational/administrative expenses, maintenance, purchase of equipment; and/or rehabilitation of neighborhood facilities; and for administrative/operational costs, maintenance, purchase of equipment, and/or rehabilitation of neighborhood facilities of various departmental programs/projects for the benefit of residents of the City of Pittsburgh, at a cost not to exceed $918,650.00; so as to transfer funds in City Council from: “District 1 Equipment” (-$7,500.00); and transfer these funds to “Sarah Heinz House” (+$5,000.00) and “Little Sisters of the Poor” (+$2,500.00). SPONSORS: MRS. HARRIS A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak COUNCILMAN COREY O'CONNOR PRESENTS COMMITTEE ON URBAN RECREATION 2016-0678 Report of the Committee on Urban Recreation for July 20, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0622 Resolution authorizing the City of Pittsburgh to submit an application to the Commonwealth of Pennsylvania Department of Community and Economic Development’s Greenways, Trails, and Recreation Program (GTRP) for the Wightman Park Rehabilitation Project. SPONSORS: MR. GILMAN A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 City of Pittsburgh Page 10 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak COUNCILMAN REV. RICKY V. BURGESS PRESENTS COMMITTEE ON PERFORMANCE AND ASSET MANAGEMENT 2016-0679 Report of the Committee on Performance and Asset Management for July 20, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0620 Ordinance amending the City of Pittsburgh, Code of Ordinances, Title One, Administration, Article VII Procedures, Chapter 161 Contracts, Section 161.42 “Clean Construction Diesel Operations” by repealing the existing Section 161.42 and replacing it with a new Section 161.42 with the same title and purpose. SPONSORS: MR. GILMAN A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak COUNCILMAN DAN GILMAN PRESENTS COMMITTEE ON INTERGOVERNMENTAL AFFAIRS 2016-0680 Report of the Committee on Intergovernmental Affairs for July 20, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. City of Pittsburgh Page 11 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 2016-0543 Resolution requesting the approval of an inter-municipal transfer of liquor license, License No. R-19130, from Kocafa LLC, 2600 Liberty Way, McKeesport, PA 15133 to the Applicant, Over Easy LLC, 4428 Liberty Avenue, Pittsburgh, PA 15224 for the premises located at 4428 Liberty Avenue, Pittsburgh, PA 15224, known as “Over Easy”, pursuant to amended Pennsylvania Liquor Code, §4-461. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak 2016-0609 Resolution authorizing the Urban Redevelopment Authority of Pittsburgh to acquire all of the City's Right, Title and Interest, if any, in and to the Publicly-Owned Property in the 13th Ward of the City of Pittsburgh designated in the Deed Registry Office of Allegheny County as Block 125-H, Lots 225, 233, 234 and Block 174-P, Lots 301, 302, 303, 304, 305, 315, 316 and 317 (Council District No. 9 - residential construction - 7010 Forest Way, 7007, 7009 Frankstown Avenue, 7512, 7514, 7516, 7518, 7520, 7585, 7587 and 7589 Kelly Street). A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak 2016-0610 Resolution approving execution of a Deed by and between the Urban Redevelopment Authority of Pittsburgh and the City of Pittsburgh for the sale of Block 10-D, Lots 310, 313, 314, 318, 327, 329, and 333, in the 5th Ward of the City of Pittsburgh (701 Wandless Street, 2826, 2835, 2851, 2855 Orbin Street, 2837, 2851 Vincennes Way - Council District No. 6 - Parklet). A motion was made that this matter be Passed Finally. The motion carried by the following vote: City of Pittsburgh Page 12 Printed on 7/27/2016 City Council Meeting Minutes - Final July 26, 2016 Aye: 7 - Rev. Burgess, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 2 - Mr. Gilman, and Ms. Rudiak I. MOTIONS AND RESOLUTIONS K. EXCUSE ABSENT MEMBERS - MR.GILMAN & MS. RUDIAK MR. KRAUS & MRS. HARRIS PRESENT VIA PHONE L. APPROVAL OF MINUTES M. ADJOURNMENT P LEGISLATION PRESENTED BY SIGN LANGUAGE INTERPRETER City of Pittsburgh Page 13 Printed on 7/27/2016