City Council

City of Pittsburgh 510 City-County Building 414 Grant Street Pittsburgh, PA 15219 Meeting Minutes Tuesday, April 3, 2018 10:00 AM Council Chambers City Council ONE-HUNDRED FORTIETH COUNCIL Bruce A. Kraus, President of Council Council Members: Rev. Ricky V. Burgess, Anthony Coghill, Deborah L. Gross, Darlene M. Harris, R. Daniel Lavelle, Corey O'Connor, Theresa Kail-Smith Brenda F. Pree, City Clerk - Kimberly Clark-Baskin, Deputy City Clerk City Council Meeting Minutes April 3, 2018 ROLL CALL Present 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith PLEDGE OF ALLEGIANCE PROCLAMATIONS 2018-0348 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby commend the work of Jeremiah’s Place and their advocacy for child abuse prevention and wish them a Happy 4th Birthday; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Tuesday, April 3, 2018, to be “Jeremiah’s Place Day” in the City of Pittsburgh. SPONSOR /S: MRS. KAIL-SMITH AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. 2018-0349 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does hereby commend Dr. Ozeaz for her work and dedication to the arts and education; and, BE IT FURTHER RESOLVED, that the Council of the City of Pittsburgh does hereby declare Tuesday, April 24, 2018, to be “Natalie Ozeas Day” in the City of Pittsburgh. SPONSOR /S: REV. BURGESS AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. City of Pittsburgh Page 1 City Council Meeting Minutes April 3, 2018 2018-0350 NOW, THEREFORE BE IT RESOLVED, that the Council of the City of Pittsburgh does recognize the value of Kevin Steven’s sharing his story; and, BE IT FURTHER RESOLVED, that Council of the City of Pittsburgh does hereby call upon the people of the City of Pittsburgh and interested groups to seek help for opiate addiction if they are in need; and promote awareness of Power Forward with Familylinks; and BE IT FURTHER RESOLVED, that Council of the City of Pittsburgh does recognize that Familylinks is a valued provider of addiction treatment and recovery services in this region. SPONSOR /S: MR. COGHILL AND ALL MEMBERS A motion was made that this matter be Adopted. The motion carried. PUBLIC COMMENTS PRESENTATION OF PAPERS COUNCILMAN REVEREND RICKY V. BURGESS PRESENTS: 2018-0329 Resolution authorizing the Mayor, Director of Public Safety and Director of Finance to enter on behalf of the City of Pittsburgh into a Lease Agreement with Riverview Valley Stables for use by the City’s Police Horses over a five-year term at an overall cost not to exceed EIGHTY-ONE THOUSAND DOLLARS and NO CENTS ($81,000.00). Said costs reflect a monthly rate of $1350 per month and shall be inclusive of all utilities, taxes and other indirect expenses associated with such occupancy of Riverview Valley Stables. Read and referred to the Committee on Finance and Law 2018-0330 Resolution authorizing an interdepartmental transfer in the amount of $50,000 from Judgements - Law Department to Legal Fees - Ethics Hearing Board. This transfer is necessary to cover continuing legal fees and appeal process associated with various Ethics Hearing Board hearings. Read and referred to the Committee on Finance and Law City of Pittsburgh Page 2 City Council Meeting Minutes April 3, 2018 2018-0331 Resolution authorizing the issuance of a warrant in the total sum of $5,444.21 to McGrail & Associates, 1714 Lincoln Way, White Oak, PA for professional consulting services in connection with billboard tax litigation. (Executive Session Requested) Read and referred to the Committee on Finance and Law 2018-0332 Resolution authorizing the issuance of a warrant in favor of Patricia Poloka, 3932 McClure Avenue, Pittsburgh, PA 15212 in an amount not to exceed Thirteen Thousand Eight Hundred Dollars ($13,800.00); and her attorney, Colleen Ramage Johnston, Esquire, Johnston & Lykos, LLC, 525 William Penn Place, 28th Floor, Pittsburgh, PA 15219 in an amount not to exceed Nine Thousand Two Hundred Dollars ($9,200.00) in full and final settlement of a litigation matter at 2:17-cv-00828. (Executive Session Requested) Read and referred to the Committee on Finance and Law 2018-0333 Resolution amending Resolution 104 of 2015, which updated Resolution 1167 of 1986, creating the Record Storage, Technology and Operations Trust Fund, to revise the categories of permitted expenditures to be made by the Department of Permits, Licenses, and Inspections, effective January 1, 2019. Read and referred to the Committee on Finance and Law 2018-0347 Ordinance amending the City Code at Title One, Administrative, Article Xl: Human Resources Administration, Chapter 181: General Provisions by amending section at §181.06 Allowance for Travel Expenses. SPONSOR /S: REV. BURGESS Read and referred to the Committee on Finance and Law COUNCILWOMAN DEBORAH L. GROSS PRESENTS: 2018-0334 Ordinance amending and supplementing the City of Pittsburgh Code, Title I (“Administrative”), Article I (“General Provisions”), Chapter 107 (“Permits and Licenses Generally”) with respect to permit/license application procedures and corresponding fees, effective immediately following passage. Not introduced by the Chair of Land Use and Economic Development Committee, Councilwoman Gross. City of Pittsburgh Page 3 City Council Meeting Minutes April 3, 2018 2018-0335 Ordinance supplementing the City of Pittsburgh Code, Title I0 (“Building”), Chapter 1002 (“Uniform Construction Code Adoption”) by adding a new subchapter 1002.03 (“Fees”), effective January 1, 2019. Not introduced by the Chair of Land Use and Economic Development Committee, Councilwoman Gross. 2018-0336 Ordinance amending and supplementing the City of Pittsburgh Code, Title Seven (“Business Licensing”), with regard to license application procedures, licensing requirements and corresponding fees, effective October 1, 2018, except for the Fire Suppression Trade License which will be effective January 1, 2019. Not introduced by the Chair of Land Use and Economic Development Committee, Councilwoman Gross. COUNCILMAN BRUCE A. KRAUS PRESENTS: 2018-0337 Resolution authorizing the Mayor and the Director of the Department of Innovation & Performance to enter into an Agreement, Agreements, or Amendments with CDW Government LLC for the three year extension of our current Microsoft enterprise license agreement for a sum not to exceed Three Million Thirty Thousand dollars ($3,030,000.00) over the three year period. Read and referred to the Committee on Innovation, Performance and Asset Management COUNCILMAN R. DANIEL LAVELLE PRESENTS: 2018-0338 Resolution authorizing the Mayor and the Director of Public Safety to enter on behalf of the City of Pittsburgh into financial and “in-kind” Sponsorship Agreements for the City’s Office of Special Events’ 2018 Season. Read and referred to the Committee on Public Safety Services City of Pittsburgh Page 4 City Council Meeting Minutes April 3, 2018 2018-0339 Resolution authorizing the Mayor and Director of Public Safety to enter on behalf of the City of Pittsburgh into an agreement with the Pittsburgh Park Conservancy (“PPC”) in connection with the 2017-2018 “Naturally Northside” project. PPC has been awarded a grant from the Buhl Foundation and shall reimburse the City for its expenses in connection with City Park Rangers who will be staffing the Naturally Northside project activities. Said agreement shall not exceed ELEVEN THOUSAND FIVE HUNDRED TWENTY DOLLARS and NO CENTS ($11,520.00) Read and referred to the Committee on Public Safety Services COUNCILWOMAN THERESA KAIL-SMITH PRESENTS: 2018-0340 Resolution authorizing the Mayor and the Director of the Department of Public Works, on behalf of the City, to enter into an Agreement with Columbia Gas of Pennsylvania granting them (1) a temporary Right of Entry for the purpose of installing a regulator station in McKinley Park; and (2) a license to allow regulator station equipment to remain for a period of time in McKinley Park. Read and referred to the Committee on Public Works 2018-0341 Resolution providing for a Contract or Contracts, or the use of existing Contracts, an Agreement or Agreements, or the use of existing Agreements, providing for the design and replacement of the Swinburne Bridge; and providing for a Reimbursement Agreement or Agreements with the Commonwealth of Pennsylvania, Department of Transportation; and providing for the payment of the costs thereof, not to exceed $800,000.00. Read and referred to the Committee on Public Works 2018-0342 Resolution providing for a Contract or Contracts, or the use of existing Contracts, an Agreement or Agreements, or the use of existing Agreements, providing for the design and reconstruction of Smithfield Street; and providing for a Reimbursement Agreement or Agreements with the Commonwealth of Pennsylvania, Department of Transportation; and providing for the payment of the costs thereof, not to exceed $750,000.00. Read and referred to the Committee on Public Works City of Pittsburgh Page 5 City Council Meeting Minutes April 3, 2018 2018-0343 Resolution amending Resolution 414 of 2017, entitled “Resolution providing for a Contract or Contracts, or the use of existing Contracts, an Agreement or Agreements, or the use of existing Agreements, providing for the design, repairs, maintenance, improvements, emergencies and/or the purchase of materials, equipment and supplies in connection with PENN AVENUE RECONSTRUCTION, PHASE II PROJECT; and providing for the payment of the costs thereof, not to exceed $500,000.00” to increase the funding amount to $732,626.61 and alter the funding source. Read and referred to the Committee on Public Works 2018-0344 Resolution amending Resolution No. 457, effective July 27, 2017, entitled “Authorizing the Mayor and the Director of the Department of Mobility and Infrastructure to enter into a Transfer Agreement or Agreements with the Pennsylvania Department of Transportation (“PennDOT”), under which PennDOT will make improvements to and transfer to the City of Pittsburgh portions of State Route 4084 from East Street to the West End Bridge, including Allegheny Circle.” to include State Route 4001, Allegheny Avenue from Reedsdale Street to Western Avenue. Read and referred to the Committee on Public Works COUNCILMAN BRUCE A. KRAUS PRESENTS: 2018-0345 Resolution reappointing Jennifer Presutti as a member of the Equipment Leasing Authority Board with a term to expire March 31, 2023. A motion was made that this matter be Approved. The motion carried. 2018-0346 Resolution appointing Melanie Harrington to serve as a member of the Ethics Hearing Board for a term to expire June 20, 2019. A motion was made that this matter be Held, Pending Interview to the Committee on Hearings . The motion carried. UNFINISHED BUSINESS REPORTS OF COMMITTEE - FINAL ACTION COUNCILMAN REVEREND RICKY V. BURGESS PRESENTS COMMITTEE ON FINANCE AND LAW City of Pittsburgh Page 6 City Council Meeting Minutes April 3, 2018 2018-0325 Report of the Committee on Finance and Law for March 28, 2018 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2018-0280 Resolution authorizing and directing the Mayor to issue and the City Controller to countersign a warrant in an amount to be determined by the Department of Finance to the Commonwealth of Pennsylvania representing payment required for unclaimed funds for the year 2014, pursuant to the provisions of Deposition of Abandoned and Unclaimed Property Act of August 9, 1971 P.L. 74. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 COUNCILMAN R. DANIEL LAVELLE PRESENTS COMMITTEE ON PUBLIC SAFETY SERVICES 2018-0326 Report of the Committee on Public Safety Services for March 28, 2018 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2018-0286 Resolution authorizing the Mayor and the Director of the Department of Public Safety to enter on behalf of the City of Pittsburgh into an Agreement with the Housing Authority of the City of Pittsburgh (“HACP”) for the providing of police services at HACP properties over a three-year term. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 City of Pittsburgh Page 7 City Council Meeting Minutes April 3, 2018 COUNCILWOMAN THERESA KAIL-SMITH PRESENTS COMMITTEE ON PUBLIC WORKS 2018-0327 Report of the Committee on Public Works for March 28, 2018 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. 2018-0289 Resolution authorizing the Mayor and the Director of the Department of Public Works and/or the Director of the Department of Mobility and Infrastructure to enter into a License Agreement for a period of five years in which the City grants to Allegheny GoatScape a right to utilize grazing goats upon particular City property and/or Right-of-Way in specified locations Citywide. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 2018-0292 Resolution directing the Department of Mobility and Infrastructure to waive the policy of a neighborhood petition requirement for the paving over of brick/block streets in regards to the paving of Bartow Street. SPONSOR /S: MRS. KAIL-SMITH A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 City of Pittsburgh Page 8 City Council Meeting Minutes April 3, 2018 2018-0308 Resolution taking, appropriating and condemning by the City of Pittsburgh, for public highway purposes, certain property in the (20th) Ward of the City of Pittsburgh, owned by MK-Menlo Banksville LP, A Delaware Limited Partnership, authorizing the payment of just compensation and necessary and incidental acquisition and relocation costs related thereto. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 2018-0309 Resolution taking, appropriating and condemning by the City of Pittsburgh, for public highway purposes certain property in the 20th Ward of the City of Pittsburgh, owned by MK-Menlo Banksville LP, a Delaware Limited Partnership, authorizing the payment of just compensation and necessary and incidental acquisition and relocation costs related thereto. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 2018-0310 Resolution taking, appropriating and condemning by the City of Pittsburgh, for public highway purposes certain property in the 20th Ward of the City of Pittsburgh, owned by MK-Menlo Banksville LP, a Delaware Limited Partnership, authorizing the payment of just compensation and necessary and incidental acquisition and relocation costs related thereto. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 City of Pittsburgh Page 9 City Council Meeting Minutes April 3, 2018 2018-0311 Resolution taking, appropriating and condemning by the City of Pittsburgh, for public highway purposes certain property in the 20th Ward of the City of Pittsburgh, owned by Family Links, Inc., a Pennsylvania Nonprofit Corporation, authorizing the payment of just compensation and necessary and incidental acquisition and relocation costs related thereto. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 2018-0312 Resolution taking, appropriating and condemning by the City of Pittsburgh, for public highway purposes certain property in the 20th Ward of the City of Pittsburgh, owned by FamilyLinks, Inc., a Pennsylvania Nonprofit Corporation, authorizing the payment of just compensation and necessary and incidental acquisition and relocation costs related thereto. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 2018-0313 Resolution taking, appropriating and condemning by the City of Pittsburgh, for public highway purposes certain property in the 20th Ward of the City of Pittsburgh, owned by Victor DeDonato, authorizing the payment of just compensation and necessary and incidental acquisition and relocation costs related thereto. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 City of Pittsburgh Page 10 City Council Meeting Minutes April 3, 2018 2018-0314 Resolution taking, appropriating and condemning by the City of Pittsburgh, for public highway purposes certain property in the 20th Ward of the City of Pittsburgh, owned by Victor DeDonato, authorizing the payment of just compensation and necessary and incidental acquisition and relocation costs related thereto. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 2018-0315 Resolution taking, appropriating and condemning by the City of Pittsburgh, for public highway purposes certain property in the 20th Ward of the City of Pittsburgh, owned by Edward Pasquale and Angela Pasquale, his wife and Salvatore Pasquale and Maria Christine Pasquale, his wife, authorizing the payment of just compensation and necessary and incidental acquisition and relocation costs related thereto. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 2018-0316 Resolution taking, appropriating and condemning by the City of Pittsburgh, for public highway purposes certain property in the 20th Ward of the City of Pittsburgh, owned by Edward Pasquale and Angela Pasquale, his wife and Salvatore Pasquale and Maria Christine Pasquale, his wife, authorizing the payment of just compensation and necessary and incidental acquisition and relocation costs related thereto. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 City of Pittsburgh Page 11 City Council Meeting Minutes April 3, 2018 2018-0317 Resolution taking, appropriating and condemning by the City of Pittsburgh, for public highway purposes certain property in the 20th Ward of the City of Pittsburgh, owned by Richard T. Ozanick and Diane E. Ozanick, his wife, authorizing the payment of just compensation and necessary and incidental acquisition and relocation costs related thereto. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 2018-0318 Resolution taking, appropriating and condemning by the City of Pittsburgh, for public highway purposes certain property in the 20th Ward of the City of Pittsburgh, owned by Richard T. Ozanick and Diane E. Ozanick, his wife, authorizing the payment of just compensation and necessary and incidental acquisition and relocation costs related thereto. A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 COUNCILWOMAN DARLENE M. HARRIS PRESENTS COMMITTEE ON HUMAN RESOURCES 2018-0328 Report of the Committee on Human Resources for March 28, 2018 with an Affirmative Recommendation. A motion was made that this matter be Read, Received and Filed. The motion carried. City of Pittsburgh Page 12 City Council Meeting Minutes April 3, 2018 2018-0290 Ordinance amending the Pittsburgh Code, Title One, Administration, Article XI: Human Resources, Chapter 180, by adding Section 180.07, entitled “Civil Workplace.” SPONSOR /S: MR. KRAUS CO-SPONSOR /S: Ms. Gross and Mr. O'Connor A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 2018-0291 Ordinance amending and supplementing the City of Pittsburgh Code of Ordinances, Title I: Administrative, Article XI: Human Resources, Chapter 180: Human Resources Administration, by adding Section 180.08: Internal Policies and Section 180.09: Prohibition of Non-Disclosure Agreements. SPONSOR /S: MR. O'CONNOR CO-SPONSOR /S: Mr. Kraus and Ms. Gross A motion was made that this matter be Passed Finally. The motion carried by the following vote: Aye: 8 - Rev. Burgess, Mr. Coghill, Ms. Gross, Mrs. Harris, Mr. Kraus, Mr. Lavelle, Mr. O'Connor, and Mrs. Kail-Smith No: 0 Abstain: 0 MOTIONS AND RESOLUTIONS 2018-0351 NOW THEREFORE, BE IT RESOLVED, by the Mayor and the Council of the City of Pittsburgh herby recognize Pittsburgh Cares to be a civic and/or service organization within the context of the Pennsylvania Small Games of Chance Act, as amended. SPONSOR /S: MS. GROSS A motion was made that this matter be Adopted. The motion carried. City of Pittsburgh Page 13 City Council Meeting Minutes April 3, 2018 EXCUSE ABSENT MEMBERS APPROVAL OF MINUTES ADJOURNMENT LEGISLATION PRESENTED BY SIGN LANGUAGE INTERPRETER City of Pittsburgh Page 14