PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday March 22, 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, City Solicitor Rita McNeil 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 #: 200600274
ORDINANCE, (EMERGENCY) providing for the issuance, sale and delivery of not to exceed $6,500,000 of Judgment Bonds or Notes in anticipation thereof, of the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of paying a settlement reached by the City in the case of Estate of Roger D. Owensby, Jr. v. The City of Cincinnati, which has been approved by the United States District Court for the Southern District of Ohio; authorizing a pledge of the City's faith and credit or a pledge of and lien on certain revenues and other city resources, as appropriate, to secure such bonds, or notes; and authorizing necessary documents to secure such bonds or notes.
Item Status/Referral/Recommendations:
PASSED EMERGENCY
*** PASSED EMERGENCY 0067-2006
MS. GHIZ Y
MR. MONZEL N
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y

MR. BERDING
MR. BORTZ
MS. GHIZ
MR. CRANLEY
MR. MONZEL
MR.TARBELL

Item #: 200600269
MOTION, dated 3/20/2006, submitted by Councilmember Berding, Bortz, Ghiz, Cranley, Monzel and Vice Mayor Tarbell that the administration create and implement a Chronic Nuisance Property Reduction Program that mirrors the program in Milwaukee. Nuisance activities that the code should cite would include but not be limited to: loud music, loitering, illegal drug activity, harassment, disorderly conduct, battery, indecent exposure, prostitution, littering, keeping animals that disturb the peace and discharge of firearm. Further, we move that the administration report back to City Council within 90 dyas the specific legal change for Council action. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
LAW & PUBLIC SAFETY COMMITTEE
***

CITY MANAGER

Item #: 200600244
ORDINANCE submitted by David E. Rager, City Manager, on 3/22/2006, accepting with gratitude a donation of $1,000.00 from Wal-Mart in Western Hills to be used by the Cincinnati Fire Department for the purchase of equipment for the Engine 24 Fire Station.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600245
ORDINANCE submitted by David E. Rager, City Manager, on 3/22/2006, authorizing the City Manager to apply for and accept a grant in an amount of up to $10,000.00 from the State of Ohio, Department of Natural Resources' Division of Wildlife, "Hooked on Fishing, Not On Drugs" program, which will provide funding for fishing trips and aquatic educational activities, combined with content about the hazards of using drugs, for children, youth, and special population program participants, at twenty-six recreation/community centers throughout Cincinnati.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600246
ORDINANCE submitted by David E. Rager, City Manager, on 3/22/2006, authorizing the City Manager, to execute the First Amendment to Funding Agreement For the Loan of Funds for Rental Projects under the HOME Investment Partnerships Program with Marvin Dupree Family Homes, Inc.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600247
ORDINANCE submitted by David E. Rager, City Manager, on 3/22/2006, authorizing the sale of part of Marquis Street north of Florence Avenue, which is no longer needed for municipal or street purposes, to Calbre, LLC.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION
***


Item #: 200600248
ORDINANCE (EMERGENCY) REPEALING Ordinance No. 78-2005 and PROVIDING for the issuance of bonds or notes in anticipation thereof, in the principal amount of $1,300,000, by the City of Cincinnati, for the purpose of parks and recreation improvements.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600249
ORDINANCE (EMERGENCY) REPEALING Ordinance No. 81-2005 and PROVIDING for the issuance of bonds or notes in anticipation thereof, in the principal amount of $3,100,000, by the City of Cincinnati, for the purpose of urban redevelopment improvements.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600250
ORDINANCE (EMERGENCY) REPEALING Ordinance No. 217-2005 and PROVIDING for the issuance of bonds or notes in anticipation thereof, in the principal amount of $1,100,000, by the City of Cincinnati, for the purpose of urban redevelopment improvements.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200510596
REPORT, dated 3/22/2006, submitted by David E. Rager, City Manager, on a motion, dated 10/12/2005, submitted by Councilmember Cranley, that the Administration amend the Evanston NBD Urban Renewal Plan to include the area bounded by Evanston and Dana Avenues and Interstate 71. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***

CLERK OF COUNCIL

Item #: 199701237
COMMUNICATION, dated 6/2/97, submitted by Councilmember Yates, from Roy B. Schweitzer, 2nd. St. Assoc., dba Longworth Hall, to the U.S. Army Corps of Engineers, opposing the proposed expansion of Cincinnati Bulk Terminal.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199701485
COMMUNICATION, dated 06/23/97, submitted by Councilmember Winburn, from Charles Cobb, 2917 Westknolls, Cincinnati, Ohio 45211, regarding the basketball court located in Hyde Park.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199702327
COMMUNICATION, dated 10/08/97, submitted by Councilmember Portune, from Carla Chifos, Ph.D., Research Associate, University of Cincinnati, Center for Environmental Assessment and Policy, regarding the insufficient sounding of the alarms which occurred during the Hilton Davis Chemical release.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199702328
COMMUNICATION, dated 09/30/97, submitted by Councilmember Sterne, from John Hainaut, Director, Wireless Data, Ameritech Cellular Services, regarding a new study conducted by the Law Enforcement Automated Data System to allow police officers direct access to criminal justice databases from squad cars.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199800054
COMMUNICATION, dated 1/2/98, submitted by Councilmember Yates, from Mr. & Mrs. John E. Pepper, Jr., 233 Oliver Road, Cincinnati, Ohio 45215, Co-Chair of the Cincinnati Youth Collaborative, concerning an article in the Enquirer that the Cincinnati Council has not included in its upcoming budget the $5 million promised to help support urgently needed renovations in our city schools and that Council members are saying they don't see providing such funds until 1999 at the earliest. He believes this is an unconscionable position and the City should confirm its commitment to start paying $5 million per year now.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199800096
COMMUNICATION, dated 12/31/97, submitted by Councilmember Sterne, from Christine M. Wells, Cleaning Service Supervisor, Public Works Department, regarding a problem she has encountered with her administrative leave of absence pay.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199800439
COMMUNICATION, dated 02/08/98, submitted by Councilmember Sterne, from Paul Wallpe, 1940 Gregory Lane, Cincinnati, Ohio 45206, regarding some concerns the City has raised pertaining to property he owns.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199800482
COMMUNICATION, dated 02/12/98, submitted by Councilmember Cooper, from Chanda R. Monroe, 570 Hale Avenue, Cincinnati, Ohio 45229, regarding a complaint against building inspector Scott Bohnert.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199800586
COMMUNICATION, dated 02/24/98, from William Glines, 2981 Hull Avenue, Cincinnati, Ohio 45211, regarding concerns he has pertaining to the City's Stormwater Management Utility.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199800651
COMMUNICATION, dated 02/18/98, submitted by Councilmember Portune, from Larry Schmolt, 933 Rutledge Avenue, Cincinnati, Ohio 45205, regarding promotion procedures within the Cincinnati Fire Department.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199800653
COMMUNICATION, dated 02/24/98, submitted by Councilmember Sterne, from Betty Spragen, 1976 Sunset Lane, Cincinnati, Ohio, requesting that the Allen House property be given to the Dunham Senior Center.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199801091
COMMUNICATION, dated 03/25/98, submitted by Councilmember Winburn, from Matthew Wright, Terrell Properties, P.O. Box 18042, Cincinnati, Ohio 45218, regarding repairs being made by Metropolitan Sewer District without being approved by the property owners.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199801142
COMMUNICATION, dated 04/20/98, submitted by Councilmember Cissell, from David A. DeBra, 1133 Fuller Street, Mt. Adams, Ohio 45202, updating Council on the Belvedere Street Condominium Project.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199801147
COMMUNICATION, dated 04/22/98, submitted by Councilmember Sterne, from Jerry Moore, Recording Secretary, Winton Place Civic Club Board, expressing their displeasure of the new zoning laws for sexually oriented business districts targeting their neighborhood.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 199801434
COMMUNICATION, dated 05/20/98, submitted by Councilmember Sterne, from Marion Lampl, 44 Flanders Lane, Cincinnati, OH 45218, requesting information pertaining to the architecture of union terminal and managing money.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600258
COMMUNICATION, submitted by the Clerk of Council, from Rae Ann Estep, Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-2480, regarding Permit Renewal Objections.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200408636
ORDINANCE (EMERGENCY) (DRAFT), submitted by J. Rita McNeil, City Solicitor, AMENDING Article XIV, Section 5, Public Recreation Commission of the Cincinnati Administrative Code, by authorizing the mayor to appoint the Director of Recreation, rather then the director be appointed by the Public Recreation Commission.
Item Status/Referral/Recommendations:
INDEF. POSTPONE
*** INDEFINITELY POSTPONED
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y


Item #: 200600251
REGISTRATION, submitted by the Clerk of Council from Legislative Agent Richard H. Finan, Attorney at Law, 11137 Main Street, Cincinnati, Ohio 45241.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600252
REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Richard A. Weiland, Consultant, President, 1055 St. Paul Place, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600253
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Chad S. Munitz, Manager, Economic Development Director.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600254
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Margaret A. Wuerstle, Chief Planner, Community Development & Planning.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600255
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for William S. Fischer, Business Development Division Manager, Community Development & Planning.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600256
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Michael Lee Cervay, Director, Community Development & Planning.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600257
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for David E. Rager, City Manager.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600259
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Herman Bowling, Housing Division Manager, Community Development and Planning.
Item Status/Referral/Recommendations:
FILE
*** FILED

RULES & GOVERNMENT OPERATIONS COMMITTEE

Item #: 200600208
REPORT, dated 3/15/2006, submitted by David E. Rager, City Manager, regarding residency exemption for Jeff Mackay.
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED

ECONOMIC DEVELOPMENT COMMITTEE

Item #: 200600267
MOTION, dated March 20, 2006, submitted by Councilmembers Chris Bortz, Jeff Berding, David Crowley, Leslie Ghiz, Laketa Cole, and James Tarbell,WE MOVE that there shall be dedicated financing to the Banks development, including tax increment financing from the TIF District #2-Downtown South/Riverfront District provided that:
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MS. GHIZ Y
MR. MONZEL N
MR. TARBELL Y
MR. THOMAS N
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y


Item #: 200600266
REPORT, DATED 3/20/06, submitted by David Rager, City Manager, on a motion, dated 2/27/2006, submitted by Councilmember Monzel, that the Mayor be given full negotiating authority with regards to the proposed Banks riverfront development, on behalf of the City of Cincinnati. This authority would include using city resources & staff to negotiate and develop any necessary agreements with the County that would move the project towards completion.
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED

FINANCE COMMITTEE

Item #: 200600118
ORDINANCE submitted by David E. Rager, City Manager, on 2/15/2006, amending Section 311-5, Imposition of Tax, of the Cincinnati Municipal Code to eliminate conflict with other sections of the Cincinnati Municipal Code regarding taxation of pass-through entities.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0066-2006
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y