City Council

City of Pittsburgh 510 City-County Building 414 Grant Street Pittsburgh, PA 15219 Meeting Minutes - Final Tuesday, November 1, 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 November 1, 2016 ROLL CALL Present 8 - Rev. Burgess, Mr. Gilman, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith Absent 1 - Ms. Gross PLEDGE OF ALLEGIANCE PROCLAMATIONS 2016-0921 NOW THEREFORE, BE IT RESOLVED that the Council of the City of Pittsburgh does hereby recognize and commend The Federation of War Veterans' Societies of Allegheny County, Pennsylvania - City of Pittsburgh for organizing this important event and encourages all residents of our City to join in this commendation by attending the 2015 Pittsburgh Veterans’ Day Parade; and, BE IT FURTHER RESOLVED that the Council of the City of Pittsburgh does hereby declare Friday, November 11, 2016 to be “Veterans’ Parade Day” in the City of Pittsburgh. SPONSORS: MS. RUDIAK AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0922 NOW, THEREFORE BE IT RESOLVED, the Council of the City of Pittsburgh does recognize the thirty year anniversary of WTAE Project Bundle Up and wishes continued success in their endeavors in the years to come; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Tuesday, November 1, 2016, to be "Project Bundle-Up 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 11/8/2016 City Council Meeting Minutes - Final November 1, 2016 2016-0923 NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Pittsburgh joins with the Public Safety Department in celebrating the dedicated public service of Liz Style, and thanks her for her loyal service to the people of the City of Pittsburgh and Commonwealth of Pennsylvania, and does hereby declare Tuesday, November 1, 2016 to be “Liz Style Day” in the City of Pittsburgh. SPONSORS: MR. KRAUS, MRS. KAIL-SMITH AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0924 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby declare October 28, 2016 to be “Officer Richard McClain Day” in the City of Pittsburgh. SPONSORS: MR. LAVELLE AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0925 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby recognize the charitable contributions of the Greater Pittsburgh Cluster of Unitarian Universalist Churches and commend the group for developing a progressive mission for Pittsburgh at its 2016 Assembly; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare November 5th, 2016 to be “Unitarian Universalists of Greater Pittsburgh Assembly Day” in the City of Pittsburgh. SPONSORS: MR. GILMAN AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0926 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby commend the Hustlebot Comedy Troupe for a decade of success and celebrates the contributions the group has made for Pittsburgh’s vibrant arts community; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Tuesday, November 1st to be “Hustlebot Tenth 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 11/8/2016 City Council Meeting Minutes - Final November 1, 2016 2016-0927 NOW, THERFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby recognize Scott Lammie for his years of volunteer work on behalf of Pittsburgh and commends him for receiving the 2016 Tree of Life Award from the Jewish National Fund; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare November 15, 2016 to be “Scott Lammie Day” in the City of Pittsburgh. SPONSORS: MR. GILMAN AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0928 NOW THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh wishes to recognize and thank Prime Stage Theatre on its 20th anniversary, for all of the wonderful work they do for our community; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Saturday, November 5th, 2016 to be “Prime Stage Theatre Day” in the City of Pittsburgh. Happy Anniversary Prime Stage Theatre! SPONSORS: MRS. HARRIS AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2016-0929 THEREFOR BE IT RESOLVED, that the Council of the City of Pittsburgh urges the President of the United States and the Centers for Medicare and Medicaid Services to halt implementation of the new 15-day limit on Medicaid coverage for addiction treatment in residential addiction treatment programs with more than 16 beds; and, BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Governor of Pennsylvania and to each member of Congress from Pennsylvania to assist in efforts urging the President to halt implementation of the new Centers for Medicare and Medicaid Services rule and urging the President to remove the drug and alcohol addiction treatment from the Institutions for Mental Diseases Exclusion by executive order. SPONSORS: MS. RUDIAK AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. City of Pittsburgh Page 3 Printed on 11/8/2016 City Council Meeting Minutes - Final November 1, 2016 PUBLIC COMMENTS PRESENTATION OF PAPERS COUNCILMAN DAN GILMAN PRESENTS: 2016-0918 Resolution authorizing a Cooperation Agreement between the City of Pittsburgh (the “City”) and the Urban Redevelopment Authority of Pittsburgh (the “Authority”) to divert 75% of the incremental parking taxes from the Garage (as defined below), up to $5,708,405.00, to fund a portion of public space improvements and historic preservation efforts for the Union Trust Building. (Council District 6) Read and referred to the Committee on Intergovernmental Affairs 2016-0920 Resolution providing for an Agreement between the City of Pittsburgh and Crafton Borough in connection with the paving of Chartiers Avenue between Bell Road and Fountain Street and providing for the payment of the costs thereof, by the Borough to the City, the costs associated with the paving of the Borough’s portion of Chartiers Avenue. The estimated cost of preparation and completion of work is Fifty Thousand Forty Eight Dollars ($50,048.00). Read and referred to the Committee on Intergovernmental Affairs COUNCILWOMAN NATALIA RUDIAK PRESENTS: 2016-0919 Resolution providing for the issuance of a warrant in the total sum of Two Thousand Dollars Five Hundred Eighty-Six Dollars and Forty-Eight Cents ($2,586.48) in favor of James M. Mancini Attorney at Law, Jefferson Centre, Suite 306, 5001 Mayfield Road, Lyndhurst, OH, 44124 for arbitration services. (EXECUTIVE SESSION REQUESTED) Read and referred to the Committee on Finance and Law UNFINISHED BUSINESS REPORTS OF COMMITTEE - FINAL ACTION COUNCILWOMAN NATALIA RUDIAK PRESENTS COMMITTEE ON FINANCE AND LAW City of Pittsburgh Page 4 Printed on 11/8/2016 City Council Meeting Minutes - Final November 1, 2016 2016-0913 Report of the Committee on Finance and Law for October 26, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0593 Ordinance amending the Pittsburgh Code of Ordinances, Title Two: Fiscal; Article X: Business Related Fees; Chapter 271 Nonresidents Sports Facility Usage Fee, to clarify defined terms in order to more effectively ensure disclosure by Nonresident Contracting Parties, Qualified Managing Entities, and Promoters of information regarding performances so that the city can enforce the existing fee, and institute a fine or penalty to the venue Nonresident Contracting Party for non-compliance. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 1 - Ms. Gross 2016-0850 Resolution providing for the issuance of a warrant in the total sum of Thirty-Five Thousand Dollars ($35,000.00) in favor of Environmental Air, Inc., 1100 McCartney Street, Pittsburgh, PA 15220, releasing and discharging the City of Pittsburgh from all claims arising from alleged damage to property. (EXECUTIVE SESSION HELD) A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 1 - Ms. Gross City of Pittsburgh Page 5 Printed on 11/8/2016 City Council Meeting Minutes - Final November 1, 2016 2016-0870 Resolution authorizing the issuance of a warrant in the sum of Ten Thousand Dollars and 00/100 ($10,000.00), in favor of Robyn M. Kitt, c/o George R. Farneth, Farneth Tomosovich, LLC, 437 Grant Street, Suite 1000, Pittsburgh, PA 15219, in Full and Final Settlement of an action filed in the United States District Court for the Western District of Pennsylvania filed at 2:15-cv-00225. (EXECUTIVE SESSION HELD) A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Mr. Gilman, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 1 - Mrs. Harris Absent: 1 - Ms. Gross 2016-0872 Resolution authorizing the issuance of a warrant in favor of William J. Miller, Jr. Esquire, 106 Rampart Lane, Ligonier, PA 15658, in an amount not to exceed Sixty-One Thousand Seven Hundred Seventy Dollars and Twelve Cents ($61,770.12) for arbitration services rendered in connection with the City of Pittsburgh and FOP Act 111 Interest Arbitration Award. (EXECUTIVE SESSION HELD) A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 7 - Rev. Burgess, Mr. Gilman, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 1 - Mrs. Harris Absent: 1 - Ms. Gross 2016-0873 Resolution amending Resolutions 172 of 2015 and 266 of 2016 authorizing the Mayor and the City Solicitor to enter into a Professional Services Agreement with Pepper Hamilton, LLP, for professional consulting and legal services in relation to False Claims Act litigation by increasing the total cost from Eight Hundred Ninety Thousand Dollars and No Cents ($890,000.00) to Nine Hundred Ninety Thousand Dollars and No Cents ($990,000.00). (EXECUTIVE SESSION HELD) A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 6 - Rev. Burgess, Mr. Gilman, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Ms. Rudiak City of Pittsburgh Page 6 Printed on 11/8/2016 City Council Meeting Minutes - Final November 1, 2016 No: 1 - Mrs. Kail-Smith Abstain: 1 - Mrs. Harris Absent: 1 - Ms. Gross COUNCILMAN R. DANIEL LAVELLE PRESENTS COMMITTEE ON PUBLIC SAFETY SERVICES 2016-0914 Report of the Committee on Public Safety Services for October 26, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0869 Resolution adopting the Allegheny County Hazard Mitigation plan as the official hazard mitigation plan of the 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, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 1 - Ms. Gross COUNCILWOMAN THERESA KAIL-SMITH PRESENTS COMMITTEE ON PUBLIC WORKS 2016-0915 Report of the Committee on Public Works for October 26, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0874 Resolution authorizing the City of Pittsburgh’s Department of Public Works to assume responsibility for the year round maintenance, repair, and future alterations constructed by the Pennsylvania Department of Transportation as part of the SR 0065 (Ohio River Boulevard), SR 0019 (Ohio River Boulevard), SR 4084 (Western Avenue), SR 9101 (Western Avenue), and SR 3919 (Chateau Street) Improvement Project. A motion was made that this matter be Passed Finally. The motion carried by the following vote: City of Pittsburgh Page 7 Printed on 11/8/2016 City Council Meeting Minutes - Final November 1, 2016 Aye: 8 - Rev. Burgess, Mr. Gilman, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 1 - Ms. Gross COUNCILWOMAN DEBORAH L. GROSS PRESENTS COMMITTEE ON LAND USE & ECONOMIC DEVELOPMENT 2016-0916 Report of the Committee on Land Use and Economic Development for October 26, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0867 Resolution amending resolution No. 673 of 2014 for the Residential Parking Permit Program area “X” in the Shadyside community (Council District 8) by adding addresses pursuant to Pittsburgh Code Chapter 549. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 1 - Ms. Gross 2016-0868 Resolution amending resolution No. 189 of 2011 for the Residential Parking Permit Program area “H” in the Bloomfield community (Council District 7) by adding addresses pursuant to Pittsburgh Code Chapter 549. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 1 - Ms. Gross City of Pittsburgh Page 8 Printed on 11/8/2016 City Council Meeting Minutes - Final November 1, 2016 2016-0901 Resolution amending resolution No. 547 of 2015 for the Residential Parking Permit Program area “DD” in the South Side Flats community (Council District 3) by adding addresses pursuant to Pittsburgh Code Chapter 549. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 1 - Ms. Gross COUNCILMAN DAN GILMAN PRESENTS COMMITTEE ON INTERGOVERNMENTAL AFFAIRS 2016-0917 Report of the Committee on Intergovernmental Affairs for October 26, 2016 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2016-0866 Resolution amending Resolution 404/2015, entitled, “Resolution authorizing the approval of an inter-municipal transfer of restaurant liquor license, License No. R-12467, LID-60311 from Damon’s International, Inc., 4070-4072 William Penn Hwy., Monroeville, PA 15146-2685 to the Applicant, Mixtape, LLC. 4907 Penn Avenue, Pittsburgh, PA 15224 for the premises located at 4907 Penn Avenue, Pittsburgh, PA 15224, restaurant known as “Mixtape” pursuant to amended Pennsylvania Liquor Code, §4-461,” so as to amend Section 5. Memorandum of Understanding between Mixtape LLC and the Bloomfield Garfield Corporation to extend the hours of operation. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 1 - Ms. Gross City of Pittsburgh Page 9 Printed on 11/8/2016 City Council Meeting Minutes - Final November 1, 2016 2016-0878 Resolution calling upon the Pittsburgh Water and Sewer Authority and its board to investigate the implementation of an early detection system. SPONSORS: MR. GILMAN A motion was made that this matter be AMENDED. The motion carried. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Gilman, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, Ms. Rudiak, and Mrs. Kail-Smith No: 0 Abstain: 0 Absent: 1 - Ms. Gross MOTIONS AND RESOLUTIONS EXCUSE ABSENT MEMBERS - MS. GROSS APPROVAL OF MINUTES ADJOURNMENT LEGISLATION PRESENTED BY SIGN LANGUAGE INTERPRETER City of Pittsburgh Page 10 Printed on 11/8/2016