PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday February 01, 2006

Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cole, Cranley, Crowley, Ghiz, Monzel, Tarbell and Thomas (9)

Also in attendance were Acting City Manager David Rager, Asst. City Solicitor Ernest McAdams and Clerk of Council Melissa Autry.

Council observed a moment of silent prayer and recited the Pledge of Allegiance to the Flag.

There being no objection, Minutes of the previous session Council were ordered Filed.

Items on the Council Calendar and items presented by-leave were disposed of as follows:


MAYOR MALLORY

Item #: 200600100
ORDINANCE, (EMERGENCY) dated 2/1/2006, submitted by Mayor Mallory, APPROVING the recommendations of the Mayor of the continued appointment of David E. Rager as interim City Manager, which appointment was effective as of September 11, 2005 and shall continue until a new City Manager is appointed; and, confirming the terms and compensation for the position.
Item Status/Referral/Recommendations:
PASSED EMERGENCY
*** PASSED EMERGENCY 0018-2006
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y


Item #: 200600065
REAPPOINTMENT, dated 1/23/2006, submitted by Mayor Mallory, pursuant to Article XXVII of the Administrative Code, and subject to consent of Council, I hereby re-appoint Mrs. Lorrie Platt to the Board of Directors of the Citizens Complaint Authority (CCA). Mrs. Platt will serve for her second term of two years set to expire on January 23, 2008.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

MS. COLE

Item #: 200600099
RESOLUTION, dated 1/31/2006, submitted by Councilmember Cole, recognizing the lifetime contributions of Coretta Scott King, who passed away on January 31, 2006, and expressing City Council's condolences to her family and to the nation.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0003-2006
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

CITY MANAGER

Item #: 200600074
ORDINANCE submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the sale of a portion of Wehrman Avenue, west of Fredonia Avenue, to 660 Lincoln, LLC, which real property is no longer needed for any municipal purpose.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION
***


Item #: 200600075
ORDINANCE submitted by David E. Rager, City Manager, on 2/1/2006, to delete a special assessment on property at 1712 Baltimore Avenue (Hamilton County Auditor's parcel 202-40-427), notwithstanding the provisions of Ordinance No. 76-2005.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600076
ORDINANCE submitted by David E. Rager, City Manager, on 2/1/2006, to delete a special assessment on property at 3722 Dirr Street (Hamilton County Auditor's parcel 193-6-191), notwithstanding the provisions of Ordinance No. 76-2005.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600080
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the City Manager to accept $2,500.00 from Neyer Properties, Inc., to provide funding for the preparation of a blight study and the revision of the Evanston Neighborhood District (NBD) Urban Renewal Plan.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600081
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the City Manager to apply for and accept a Byrne Justice Assistance Grant in the amount of $73,113.33 fron the Office of Criminal Justice Services on behalf of the Mental Health Association of the Cincinnati Area for the purpose of funding the Southwestern Ohio Mental Health Training for the law enforcement community.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600082
ORDINANCE submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the City Manager to enter into a General Fund Professional Service Agreement with the Port of Greater Cincinnati Development Authority to secure its service to facilitate the coordination and completion of an Ohio River Economic Impact Study that will assess the economic impact of river transportation and port activities on the Cincinnati area.
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***


Item #: 200600084
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the City Manager to enter into a First Amendment to CDBG Professional Servical Contract for the Coordination of Service Assistance for Hurricane Katrina and Hurricane Rita Evacuees with The Partnership Center, LTD, in an amount not to exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00), for the purpose of providing continued coordination of the service assistant delivery, that was formerly provided within the Katrina Service Center, to Hurricane Katrina and Hurricane Rita Evacuees, through December 31, 2006.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600085
ORDINANCE submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the sale of surplus City-owned real property located at 2050 Eastern Avenue to Merivale Station, LLC, which real property is no longer needed for any municipal purpose.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION
***


Item #: 200600087
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the City Manager to enter into the Agreement for the Grant of City Funds and for the Sale of Land for Public and Private Redevelopment for sale and redevelopment of property at the southeast corner of Central Avenue and Fourth Street with 353 West Fourth LLC.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION
***


Item #: 200510433
REPORT, dated 2/1/2006, submitted by David E. Rager, City Manager, on a communication, dated 8/3/05, submitted by Councilmember Cole from Sgt. Douglas McCray (retired), P.O. Box 36382, Cincinnati, OH 45236 regarding comments made at the August 2, 2005 Law & Public Safety Committee meeting.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600083
REPORT, dated 2/1/2006, submitted by David E. Rager, City Manager, regarding routine report listing emergency purchases.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600086
REPORT, dated 2/1/2006, submitted by David E. Rager, City Manager, on a motion, dated 11/23/2005, submitted by Mayor Luken, that the City Administration obtain City Council's approval of any contract to purchase Queen City Barrel. (SEE DOCUMENT #200510758 FOR ADOPTED MOTION).
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600072
RESOLUTION submitted by David E. Rager, City Manager, on 2/1/2006, declaring the necessity of assessing for various types of special street lighting for one year beginning August 1, 2005, on numerous streets within the City of Cincinnati.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***

CLERK OF COUNCIL

Item #: 200307395
COMMUNICATION, dated 9/16/2003, submitted by Councilmember Cole, James L. Turner, Executive Vice President, Cinergy Corp., 139 East Fourth Street, Suite 2900, Cincinnati, Ohio 45202, regarding Cinergy commitment to invest $12 million in the expansion of the Cincinnati Convention Center.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200307548
COMMUNICATION, dated 10/28/2003, submitted by Councilmember Crowley, from Martin Sngiulli, President, University Village Association, 2606 Vine Street, Cincinnati, Ohio 45219, regarding the lease and parking agreement on Short Vine.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200407925
COMMUNICATION, dated 01/26/2004, submitted by Councilmember Cole, from Aaron Fairbanks, President, Bond Hill Community Council, regarding Huntington Meadows Redevelopment.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200407926
COMMUNICATION, dated 01/22/2004, submitted by Councilmember Cole, from Paul Probst, President, Roselawn Community Council, regarding Huntington Meadows: Support for development as single-family housing.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200408039
COMMUNICATION, dated 2/12/2004, submitted by Councilmember Cole, from Stan Eichelbaum, Director and Marge Hammelrath, Executive Director, The Over-The-Rhine Foundation, 1317 Main Street, Cincinnati, Ohio 45202, regarding Kroger Garage.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600091
COMMUNICATION, dated 1/25/2006, submitted by the Clerk of Council, from James Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding 2005-2006 renewal application, Permit #7150652, Class D-5-6, R.P. McMurphy's Inc., dba R.P. McMurphy's Irish Pub & Coffeehouse, 2910 Wasson Road & Patios, Cincinnati, Ohio 45209. Hearing will be resume on March 14, 2006 at 10:00 a.m., City Hall, Room B.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200307433
ORDINANCE (EMERGENCY) submitted by Valerie A. Lemmie, City Manager, on 10/15/2003, authorizing the City Manager to execute any necessary and proper documents to extend Safe and Clean Neighborhood Fund grants to Glengate Redevelopment, 1919 Paradigm Ministry, College Hill Gardeners, and Clifton Heights Adopt-a-Block Program.
Item Status/Referral/Recommendations:
INDEF. POSTPONE
*** INDEFINITELY POSTPONED
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y


Item #: 200600092
REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Lynn Marmer, Executive, The Kroger Company, 1014 Vine Street, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600093
REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Keith S. Black, Cinergy, General Manager, State Government Affairs, 139 E. Fourth Street, 2803 Atrium II, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600094
REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Victor A. Needham, Cinergy, Manager, Regional Government Affairs, 139 E. Fourth Street, 2803 Atrium II, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600095
REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Erik M. Kirkhorn, Director, Government Relations, Convergys Corp., 201 E. Fourth Street, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600096
REGISTRATION, submitted by the Clerk of Council, from Legislative Agent William H. Hawkins, II, Sr. Vice President, General Counsel & Secretary, Convergys Corp., 201 E. Fourth Street, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600097
REGISTRATION, submitted by the Clerk of Council, from Legislative Agent J. Douglas Moormann, Vice President, Government Affairs, 441 Vine Street, Ste. 300, Cincinnati, Ohio 45202-2812.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200407862
REPORT, dated 1/14/2004, submitted by Valerie A. Lemmie, City Manager, regarding Value Cincinnati - Competitive Services Guide. (GUIDE AND FLOW CHART ON FILE IN CLERK'S OFFICE).
Item Status/Referral/Recommendations:
FILE
*** FILED

RULES & GOVERNMENT OPERATIONS COMMITTEE

Item #: 200600044
MOTION, dated 01/17/06 by Councilmember Monzel, that the following changes be made to the meetings times of the Education, Health & Recreation and Law Committees. That the regular meeting time for the Education, Health & Recreation Committee will be on Tuesday, at 12:00 p.m. on Week A of City Council's committee meeting schedule. That the regular meeting for the Law Committee will be on Tuesday at 2:00 p.m. on Week A of City Council's committee meeting schedule.
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y


Item #: 200600077
MOTION, dated 01/24/06 by Vice-Mayor Tarbell, that Councilmember Chris Bortz be appointed to the Arts, Culture, Tourism and Marketing Committee.
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y


Item #: 200600078
MOTION, dated 01/17/06 by Councilmember Cole and Mayor Mallory that residential zoning issues be moved from the Economic Development Committee back to the Vibrant Neighborhoods, Environment, and Public Services Committee.
Item Status/Referral/Recommendations:
FILE
*** REFERRED BACK TO COMMITTEE


Item #: 200600089
REPORT, dated 01/30/06 by David Rager, City Manager, regarding Council Committee Jurisdiction for Zoning Issues.
Item Status/Referral/Recommendations:
FILE
*** FILED

LAW & PUBLIC SAFETY COMMITTEE

Item #: 200600098
RESOLUTION, submitted by Councilmembers Monzel and Thomas on 1/31/06, resolving to support the building of a new and larger jail facility in Hamilton County by the Hamilton County Board of Commissioners.
Item Status/Referral/Recommendations:
PASS
*** REFERRED BACK TO COMMITTEE