PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday May 03, 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 City Manager Dave Rager 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 #: 200600455
APPOINTMENT, dated 5/2/20006, submitted by Mayor Mallory, recommending the appointment of Mr. David Singleton to the Citizens Complaint Authority (CCA). Mr. Singleton will serve a term of 2 years and will fill the vacancy created by the expired term of Nancy Minson.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** FILED


Item #: 200600459
RESOLUTION, submitted by Mayor Mallory, expressing the City Council's support of the creation of a Working Group, to be comprised of representatives of the City, County, and Cincinnati Center Development Corporation for the purpose of formulating recommendations regarding The Banks development.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0025-2006
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y

MR. BERDING
MR. BORTZ
MR. CRANLEY
MR. CROWLEY
MR.TARBELL

Item #: 200600447
MOTION, dated 5/1/2006, submitted by Councilmembers Berding, Bortz, Cranley, Crowley and Vice Mayor Tarbell, that the administration assess the feasibility of requiring that all persons filing foreclosure notices involving real property within the City of Cincinnati also notify the City of the filing of the foreclosure within ten days after the filing of that complaint with the relevant court. The notice to the City shall include the name, address and contact information for the person who will be responsible for maintaining the property. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***

MR. BORTZ

Item #: 200600458
ORDINANCE, (EMERGENCY) submitted by Councilmember Bortz, authorizing the reduction or closure of existing operating and project accounts and the establishment of new or increased funding for existing project accounts, as outlined on the attached Schedule of Transfer, for the purpose of providing funding for projects that meet the objectives delineated within the City's Consolidated Plan and that will assist in the meeting of HUD expenditure timeliness requirements.
Item Status/Referral/Recommendations:
PASSED EMERGENCY
*** PASSED EMERGENCY 0124-2006
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y

CITY MANAGER

Item #: 200600431
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/3/2006, approving the 2006 Hamilton County Solid Waste Management Plan Update, as adopted by the Hamilton County Solid Waste Management District.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***


Item #: 200600432
ORDINANCE submitted by David E. Rager, City Manager, on 5/3/2006, to exempt Paul R. Harkins, Water Works Construction Inspector, from the City of Cincinnati's residency requirements, notwithstanding Section 308-83 of the Cincinnati Municipal Code.
Item Status/Referral/Recommendations:
RULES & GOVERNMENT OPERATIONS COMMITTEE
***


Item #: 200600441
ORDINANCE submitted by David E. Rager, City Manager, on 5/3/2006, authorizing the grant of a permanent easement within the right-of-way of Kings Run Drive south of Sun Avenue to Sun Chemical Corporation which real property interest is no longer needed for any municipal purpose.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION
***


Item #: 200600433
REPORT, dated 5/3/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for Xtremely Xclusive LLC DBA None listed, 2701 Vine Street. (#8904480, Transfer of Ownership and Location, D2, D2X, D3, D6) [Objections: Cincinnati Police Department, District 4 and the Department of Buildings and Inspections]
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600434
REPORT, dated 5/3/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for Tamber, Inc. DBA Fairmount Carry Out, 1964 Harrison Avenue. (#8791671, New, C2) [Objections: None].
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600435
REPORT, dated 5/3/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for Troy Higgins DBA Goodie Shop, 1760 Queen City Avenue. (#38295850005, New, C1) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600436
REPORT dated 5/3/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for HST Lessee Cincinnati, LLC DBA Westin Cincinnati, 21 East Fifth Street. (#3469959, New, D5A) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED

CITY PLANNING COMMISSION
ECONOMIC DEVELOPMENT COMMITTEE

Item #: 200600367
ORDINANCE, dated 4/4/2006, submitted by Michael L. Cervay, Director, Community Development & Planning, to rezone certain property bounded by Realistic Avenue, Dana Avenue and Interstate 71 in the Evanston neighborhood from the CC-A Commercial Community Auto District and the SF-4, Residential Single Family District to the PD No. 44, Planned Development District. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 3/17/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON MONDAY, MAY 1, 2006 AT 3:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0122-2006
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y


Item #: 200600375
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/19/2006, authorizing the Administration to do all things necessary to cooperate with the Director of the Ohio Department of Transportation ("ODOT") in order to completed the Columbia Parkway Bridge Rehabilitation and Beechmont Levee Resurfacing Project (HAM-50-27.75 PID 25297), which includes the resurfacing of SR 32 from Wooster Avenue to the Eastern Corporation limit, and bridge work on Columbia Parkway over Beechmont Avenue, Columbia Parkway over Linwood Avenue, Columbia Parkway over Heekin Avenue, and Columbia Parkway over the ramp to Eastern Avenue south of Leonard Street bridges, including sealing the bridge decks with gravity-fed resin, cleaning out scuppers, and resetting bearing (the "Project").
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0123-2006
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y

CLERK OF COUNCIL

Item #: 200600448
COMMUNICATION, dated 4/25/2006, submitted by the Clerk of Council, from Kathy Meyer Administrative Assistant City of Cincinnati, Department of Finance, 801 Plum Street, Suite 250, 801 Plum Street, Cincinnati, Ohio 45202 acknowleding receipt of the referendum petitions for City of Cincinnati Ordinance 65-2006.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600449
COMMUNICATION, dated 4/26/2006, submitted by the Clerk of Council, from James P. Bally, Attorney, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding Stock Transfer Application, Permit #1434259, Class D-1-2-3-6, China Gourmet, Inc., 3340 Erie Avenue, #A, Cincinnati, Ohio 45208.
Item Status/Referral/Recommendations:
FILE
*** FILED

ECONOMIC DEVELOPMENT COMMITTEE

Item #: 200600446
MOTION, submitted by Councilmembers Chris Bortz, Leslie Ghiz, Jeff Berding, James R. Tarbell, David C. Crowley and Cecil Thomas. WE MOVE that the CDBG transfer ordinance be amended as follows:The $2.5 million previously allocated for street paving be transferred to 3CDC for building acquisition, demolition, blight abatement in Over the Rhine.
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y


Item #: 200600394
RESOLUTION, dated 4/18/2006, submitted by Mayor Mallory, expressing Council's opposition to ODOT's proposed closure of the Galbraith Road exits from Interstate 75, and further urging ODOT to find alternate methods for improving the safety of the interstate as part of its pending seven-mile reconstruction project, in order to avoid the loss of convenient local access to numerous Cincinnati communities from Interstate 75, and to avoid significant economic losses to area businesses and potential population losses to Cincinnati and surrounding counties.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0024-2006
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y

FINANCE COMMITTEE

Item #: 200600381
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/19/2006, authorizing the reduction or closure of existing operating and project accounts and the establishment of new or increased funding for existing project accounts, as outlined on the attached Schedule of Transfer, for the purpose of providing funding for projects that meets the objectives delineated within the City's Consolidated Plan and that will assist in the meeting of HUD expenditure timeliness requirements.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** INDEFINITELY POSTPONED
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y

VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.

Item #: 200600187
ORDINANCE submitted by David E. Rager, City Manager, on 3/8/2006, accepting and confirming the dedication of Buddleia Court, part of Scarletoak Drive and parts of Kirby and North Bend Roads to public use for street purposes.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0125-2006
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y


Item #: 200600188
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 3/8/2006, accepting and confirming the dedication of property for the widening of Stratford Avenue in accordance with a plat from University Heights Community Urban Redevelopment Corporation.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0128-2006
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y


Item #: 200600189
ORDINANCE submitted by David E. Rager, City Manager, on 3/8/2006, to appropriate to public use parcels of real property required for the improvement of Red Bank Road.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0126-2006
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y


Item #: 200600279
ORDINANCE submitted by David E. Rager, City Manager, on 3/29/2006, renaming the Avon Center building to the C. Kenneth Davidson Language and Arts Academy.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0127-2006
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y


Item #: 200600021
REPORT, dated 3/8/2006, submitted by David E. Rager, City Manager, on a communication, 12/10/2005, submitted by Councilmember Cole, from Ginny Murphy, 1168 Beverly Hill Drive, Cincinnati, Ohio 45206, regarding recent snow removal on Beverly Hill Drive.
Item Status/Referral/Recommendations:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED


Item #: 200600061
REPORT, dated 3/8/2006, submitted by David E. Rager, City Manager, on a communication, dated 12/2/2005, submitted by Councilmember Crowley, from Wesley Burt, 2629 Lysle Lane, Cincinnati, Ohio 45212, regarding parking on Lysle Lane.
Item Status/Referral/Recommendations:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED


Item #: 200600185
REPORT, dated 3/8/2006, submitted by David E. Rager, regarding street calming for Lawndale Avenue.
Item Status/Referral/Recommendations:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED


Item #: 200600321
REPORT, dated 4/5/2006, submitted by David E. Rager, City Manager, regarding the Horace Street stairway removal.
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED