Wednesday May 10, 2006
Council convened in Council Chamber at 6:00 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:
APPOINTMENT, dated 5/2/2006, submitted by Mayor Mallory, recommending the appointment of Mr. Rainer Vom Hofe to the Cincinnati Planning Commission. Mr. Vom Hofe will fill the vacant post created by the resignation of Curt Paddock. Mr. Vom Hofe will complete Mr. Paddock's term which will expire on 12/31/2009.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
APPOINTMENT, dated 5/2/2006, submitted by Mayor Mallory, recommending the appointment of Mr. Wael Safi to the Cincinnati Board of Health. Mr. Safi will replace Dr. Jill Hupert whose term expired on 12/31/2005. Mr. Safi will serve a term of 3 years.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
APPOINTMENT, dated 5/2/2006 submitted by Mayor Mallory, recommending the appointment of William Mallory, Sr. to the Southwest Ohio Regional Transit Authority Board of Directors (SORTA). Mr. Mallory will fill the seat held by Tom Luken whose term expired in October of 2005. Mr. Mallory will serve a term of 3 years.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
APPOINTMENT, dated 5/2/2006, submitted by Mayor Mallory, recommending the appointment of Ms. Karen Dabdoub to the Cincinnati Human Relations Commission. Ms. Dabdoub will serve a term of 3 years.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
APPOINTMENT, dated 5/9/2006, submitted by Mayor Mallory, the appointment of Ms. Sue Ann Painter to the Cincinnati Arts Association. Ms. Painter will replace J. Stephen Dobbins. Her term will be for 3 years and will expire on January 31, 2009.Item Status/Referral/Recommendations:
REAPPOINTMENT, dated 5/2/2006, submitted by Mayor Mallory, recommending the reappointment of Ms. Louise Spiegel to the Cincinnati Human Relations Commission. Ms. Spiegel will serve her second term on the CHRC and this term will expire on January 31, 2009.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
REAPPOINTMENT, dated 5/9/2006, submitted by Mayor Mallory, the re-appointment of Ms. Merri Gaither Smith to the Cincinnati Arts Association. Ms. Smith will serve the 2nd term of her appointment, which will expire on January 31, 2009.Item Status/Referral/Recommendations:
MOTION, dated 5/8/2006, submitted by Councilmembers Berding, Bortz, Ghiz, Cranley and Crowley, that the City Manager appoint an Advisory Committee to review government operations as a part of our reinventing government initiative. This committee will analyze results of the initial performance audit being conducted for the City Manager, make determinations on areas of government needing further review and reform, make advisory decisions on completing further analysis, and finally, make recommendations to the City Manager, Mayor and members of City Council of its findings. The Advisory Committee will be made up of the following: three members (one from each political party) of City Council; the City Manager (or his designee); two City department heads; two representatives from AFSCME; the internal city auditor; an external financial professional or auditor; two business executives; one professional trained in the human relations field, and one loaned executive to help staff the committee with assistance from a City staff person as designated by the City Manager. The group shall report back with their initial recommendations by October 1, 2006, and shall complete their work by December 1, 2006. (STATEMENT ATTACHED)Item Status/Referral/Recommendations:
MOTION, submitted by Councilmembers Bortz, Berding, Ghiz, Thomas and Crowley, that the city administration examine the International Code Council's Existing Building Code, Property Maintenance Code, Residential Code and other various codes and provide recommendations on sections to adopt in order to strengthen the City of Cincinnati's existing building code. (STATEMENT ATTACHED)Item Status/Referral/Recommendations:
COMMUNICATION, dated 4/27/2006, submitted by Councilmember Cole, from Rev. Walter Jones, President, English Woods Civic Association/Resident Community Council, 1990 Sutter Avenue, Cincinnati, Ohio 45225, regarding English Woods Community Council.Item Status/Referral/Recommendations:
RESOLUTION, dated 4/27/2006, submitted by Councilmember Cole, expressing City Council's support of and urging the Ohio General Assembly to pass Senate Bill No. 314 introduced by State Senator Eric Kearney, to increase the penalties for shooting a minor during the commission of a felony by requiring an additional ten-year sentence for anyone convicted of shooting a minor while committing a felony.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/10/2006, authorizing the City Manager to enter into an agreement with the U.S. Environmental Protection Agency's Water Security Division and the National Homeland Security Research Center to participate in the WaterSentinel Pilot Project, which will investigate the effectiveness responses to drinking water contamination threats and incidents.Item Status/Referral/Recommendations:
ORDINANCE submitted by David E. Rager, City Manager, on 5/10/2006, authorizing the City Manager and the Public Recration Commission to establish terms and conditions for the presentation of the All American Birthday Party, by the Public Recreation Commission, City of Cincinnati, in cooperation with Cincy Latino, LLC, from 12:01 A.M. on June 30, 2006 to 12:00 Midnight on July 6, 2006, for the event area; and further authorizing and directing the City Manager and the Public Recreation Commission to take such actions as are deemed necessary and proper to implement the presentation of the All American Birthday Party at the Central Riverfront.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/10/2006, authorizing the City Manager to apply for and accept a grant in the amount of $50,000.00 from the State of Ohio Department of Public Safety, Division of Emergency Medical Services ("EMS"), for the purpose of providing funding to the Cincinnati Fire Department in order to improve and enhance EMS operations, and purchase EMS Board-approved training and equipment.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/10/2006, approving payment in the amount of $1,245.00 to Perfect North Slopes as a moral obligation for services rendered to the Cincinnati Recreation Commission for a teen outing held on February 23, 2006.Item Status/Referral/Recommendations:
REPORT, dated 5/10/2006, submitted by David E. Rager, City Manager, on a motion, dated 4/12/06, submitted by Councilmembers Berding, Bortz, and Ghiz that the administration track the impact of the increased penalties contained in Ordinance #79-2006, passed March 29, 2006 and report back to Council six months after passage and then again after 12 months have elapsed from the date of passage. (STATEMENT ATTACHED)Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/26/2006, authorizing the grant of a permanent easement within the Fifth Street right-of-way to Starwood Cincinnati CMBS I, LLC for the encroachment of a building, which interest is not needed for any municipal purpose. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 5/5/2006)Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
MOTION, dated 05/08/2006, submitted by Councilmembers Berding, Bortz, Ghiz, and Vice-Mayor Tarbell, that Council approve the request from the Cincinnati USA Regional Chamber asking Council to recognize the value of the 2006 Taste of Cincinnati USA "Taste" and Oktoberfest-Zinzinnati "oktoberfest" USA festivals, held in downtown Cincinnati, and honor our past commitment to these events by taking steps necessary to approve free or at a subsidized rate fire and EMS services for the two 2006 festivals.Item Status/Referral/Recommendations:
ORDINANCE submitted by David E. Rager, City Manager, on 4/19/2006, determining to proceed for three years beginning August 1, 2005 with special street lighting assessments on the following streets, or portions thereof: Andina Avenue, Avonlea Avenue, Bayard Avenue, Beaverton Avenue, Beechview Circle, Rogers Park Place, Bella Vista, Bellewood Avenue, Berkley Avenue, Castleton Place, Catalina Avenue, Chalfonte Place, Cheyenne Drive, Clifton Avenue, Coronado Avenue, Corvallis Avenue, Covedale Avenue, Eileen Drive, Epworth Avenue, Eugenie Lane, Far Hills Drive, Fenmore Drive, Garden Lane, Grafton Avenue, Greenland Place, Hansford Place, Hayward Avenue, Johnstone Place, Kellywood Avenue, Kenova Avenue, Laconia Avenue, Lakeland Avenue, Larry Avenue, Lawn Avenue, Lillian Drive, Ludlow Avenue, Manor Hill Drive, Marlington Avenue, Middlebrook Avenue, Westgate Avenue, North Clerose Drive, South Clerose Drive, Northampton Drive, Northcutt Avenue, Northwood Drive, Orchard Lane, Portsmouth Avenue, Victoria Lane, Rawson Woods Lane, Rawson Woods Circle, Raymar Drive, Raymar Boulevard, Robinwood Avenue, Hurley Avenue, Rookwood Drive, East Rookwood Drive, South Rookwood Drive, Rosecliff Avenue, Schulte Drive, Scottwood Avenue, Shenandoah Avenue, Stratford Avenue, Stratford Place, Suncrest Drive, Towanda Terrace, Victoria Avenue, Warwick Avenue, Werkastle Lane, and Yorkshire Place.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/26/2006, establishing Fund No. 364, "911 Cell Phone Fees" for the purpose of accounting for monies collected in accordance with the Federal Communications Commission's rules relating to the collection of the 911 wireless surcharge revenue.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
ORDINANCE submitted by David E. Rager, City Manager, on 4/26/2006, authorizing the transfer of the sum of $465,000 from Water Works Fund 101 non-personnel account no. 309x7700 to Water Works Fund 101 non-personnel account no. 303x7200 and further authorizing the transfer and appropriation of the sum of $1,104,000 from the unappropriated surplus of Water Works Fund 101 to Water Works Fund 101 account no. 303x7200 for the purpose of realigning expenditure budgets and providing funds for the ongoing needs of the Cincinnati Water Works Department.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/3/2006, authorizing the payment of $80,253.53 as a moral obligation to the Citizen's Committee on Youth ("CCY") for operating expenses for the period beginning January 1, 2006 and ending February 2, 2006.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/3/2006, authorizing the payment of $12,385.24 as a moral obligation to the Cincinnati Human Relations Committee ("CHRC") for operating expenses for the period beginning January 15, 2006 and ending February 2, 2006.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/3/2006, authorizing the City Manager to accept funds from CG&E pursuant to the Economic Development Agreement attachment hereto, and deposit such funds into the accounts specified therein, and further establishing a new capital improvement program project account "Business and Jobs Attraction" (980x101x03252) and authorizing expenditures from said account.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
ORDINANCE submitted by David E. Rager, City Manager, on 5/3/2006, authorizing the City Manager to apply for and accept Water Supply Revolving Loan Account ("WSRLA") funding from the Ohio Environmental Protection agency and the Ohio Water Development Authority, for planning, designing and construction of drinking water facilities in the approximate amount of $18,850,000.00.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
ORDINANCE submitted by David E. Rager, City Manager, on 5/3/2006, authorizing the transfer of the sum of $325,000 from existing Capital project account no. 980x162x02935, Capital Arts Project '04, and further the transfer of the sum of $50,000 from existing Capital project account no. 980x162x03019, Emery Theatre, to source Fund 638; and further the transfer of the sum of $275,000 from source Fund 638 to various project accounts within the Department of Community Development and Planning and within the Department of Recreation ($50,000 to project account no. 980x164x03253, Covedale Center Improvements, $50,000 to project account no. 980x164x03254, Kennedy Heights Art Center Grounds Improvements, $50,000 to project account no. 980x164x03255, Madisonville Arts Center Phase II, $25,000 to project account no. 980x164x03256, Price Hill Historical Society, and $100,000 to project account no. 980x199x03257, Showboat Majestic '(06) and further the transfer of the sum of $100,000 from source Fund 638 to the unappropriated surplus of the General Fund, and further the transfer of the same amount from the unappropriated surplus of the General Fund to General Fund operating budget account no. 050x164x7200, Department of Community Development and Planning, for the purpose of providing funding for renovation of certain facilities within the City and for marketing efforts associated with the opening of Fountain Square.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
ORDINANCE (EMERGENCY), dated 05/08/2006, submitted by Councilmember Cranley, from David E. Rager, City Manager, Consolidating bond issues of the City of Cincinnati, Ohio for purposes of providing for the issuance, sale and delivery of an amount not to exceed $52,000,000 of various purpose general obligation bonds, authorizing distribution of an official statement, authorizing book-entry-only bond delivery in connection therewith and declaring an emergency.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
REPORT, dated 5/3/2006, submitted by David E. Rager, City Manager, regarding the Department of Finance reports for the month ended March 31, 2006. (REPORT ON FILE IN CLERK'S OFFICE)Item Status/Referral/Recommendations:
RESOLUTION submitted by David E. Rager, City Manager, on 4/26/2006, expressing City Council's support of the American Can Building LLC's proposed abatement and renovation of a building located at 4101 Spring Grove Avenue in Northside and supporting the Port of Greater Cincinnati Development Authority's application with the State of Ohio to participate in the Clean Ohio Assistance Fund.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
RESOLUTION, dated 05/05/2006, submitted by Vice-Mayor Tarbell and Councilmember Ghiz, Expressing City Council's support of a casino site at Broadway Commons in Cincinnati.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | N |
| MR. TARBELL | Y |
| MR. THOMAS | N |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
MOTION, dated 4/21/2006, submitted by Councilmembers Ghiz and Cole, that the Administration take all necessary steps to contract with Crime Stoppers to create a regional crime tip website. This web page must provide the user the ability to submit information from that web page about a crime to which they have witnessed to the Cincinnati Police Department with complete anonymity. We further move that the Administration take all steps necessary to forge a working relationship with neighboring law enforcement agencies to share crime tip information. This includes gathering contact information - phone numbers, e-mails and the like - from these agencies to facilitate the exchange of crime information. We further move that the Adminstration purchase a unique and separate domain name, like www.tipcincinnati.com and develop a user friendly web page, which provides links and information on all methods available, including the use of phone calls, text messages, and e-mails, for a person to give an anonymous tip to the Cincinnati Police Department. We further move that the program be functioning within the next 60 days. (STATEMENT ATTACHED)Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/26/2006, amending the provisions of Chapter 759, "Use of a Motor Vehicle to Facilitate a Prostitution or Drug Related Crime," in order to include the impoundment of vehicles pursuant to drug related crimes contained in the Cincinnati Municipal Code.Item Status/Referral/Recommendations:
| MR. CRANLEY | Y |
| MR. CROWLEY | N |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | N |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/3/2006, amending Section 1 of Ordinance No. 178-2004, which placed a two-year sunset provision on the registration requirement under Section 910-12, "Improper Solicitation," of Chapter 904 of the Cincinnati Municipal Code, "Miscellaneous Misdemeanors", by removing any requirement of an additional sunset provision on the registration requirement under Section 910-12, "Improper Solicitation", which would otherwise expire on June 20, 2006.Item Status/Referral/Recommendations:
| MR. CRANLEY | N |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | N |