PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday June 28, 2006

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

Also in attendance were Acting City Manager David 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 #: 200600640
APPOINTMENT, dated 6/20/2006, submitted by Mayor Mallory, pursuant to the consent of Council, I hereby recommend the appointment of Carla Walker as city representative to the Cincinnati Human Relations Commission with a three year term set to expire January 31, 2009.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200600641
APPOINTMENT, dated 6/20/2006, submitted by Mayor Mallory, pursuant to the consent of Council, I hereby recommend the appointment of Jerome S. Teller to the Cincinnati Human Relations Commission with a three year term set to expire January 31, 2009.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200600642
APPOINTMENT, dated 6/20/2006, submitted by Mayor Mallory, pursuant to the consent of Council, I hereby appoint John E. Harris, Jr. to the Cincinnati Human Relations Commission with a three year term set to expire January 31, 2009.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200600663
APPOINTMENT, dated 6/27/2006, submitted by Mayor Mallory, pursuant to Article XXVIII of the Administrative Code and subject to the consent of Council, I hereby appoint Stephen MacConnell to the Citizen Complaint Authority with a two-year term set to expire December 31, 2008.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** CONFIRMED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200600664
APPOINTMENT, dated 6/27/2006, submitted by Mayor Mallory, pursuant to the authority granted by Ordinance No. 300-1002 and subject to the consent of Council, I hereby recommend the appointment of Mr. John West to the Cincinnat Arts Association. Mr. West will replace Judy Green. His term will be for 3 years and will expire on January 31, 2009.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** CONFIRMED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200600595
ORDINANCE, (EMERGENCY) submitted by Mayor Mallory, approving the recommendation of the Mayor of the appointment of Milton Dohoney, Jr., as City Manager, effective August 6, 2006, and establishing the terms and compensation for the position, and repealing Ordinance No. 296-2005, which delineated the terms and conditions of employment of David E. Rager as City Manager on an interim basis, and Ordinance No. 18-2006, which extended the terms and conditions of employment of David E. Rager as City Manager on an interim basis, until such time that a new City Manager was hired.
Item Status/Referral/Recommendations:
SECOND READING
*** INDEFINITELY POSTPONED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200600665
ORDINANCE, (EMERGENCY) submitted by Mayor Mallory, approving the recommendation of the Mayor of the appointment of Milton Dohoney, Jr., as City Manager, effective August 13, 2006, and establishing the terms and compensation for the position, and repealing Ordinance No. 296-2005, which delineated the terms and conditions of employment of David E. Rager as City Manager on an interim basis and Ordinance No. 18-2006, which extended the terms and conditions of employment of David E. Rager as City Manager on an interim basis, until such time that a new City Manager was hired.
Item Status/Referral/Recommendations:
PASSED EMERGENCY
*** PASSED EMERGENCY 0215-2006
MR. BORTZ N
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL Y
MR. TARBELL N
MR. THOMAS Y
MR. BERDING Y

MR. BERDING
MR. BORTZ
MR. CROWLEY
MR. MONZEL
MS. COLE

Item #: 200600650
MOTION, dated 06/26/06 submitted by Councilmembers Berding, Bortz, Crowley, Monzel and Cole, that the Administration allocate the resources necessary to enable the Law Department in conjunction with the Board of Health to file all 300 non-compliant lead cases with the Housing Court by December 31, 2006.
Item Status/Referral/Recommendations:
ADOPTED
*** ADOPTED
MR. BORTZ Y
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

Item #: 200600668
ORDINANCE, (EMERGENCY) dated 6/28/2006, submitted by Councilmember Bortz, authorizing the City Manager to enter into the Contract for Sale for Private Redevelopment for approximately 20 acres of property on River Road with Coldstream Interests, LLC.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION;FINANCE COMMITTEE
***

MR. CROWLEY

Item #: 200600667
ORDINANCE, (EMERGENCY) dated 6/28/2006, submitted by Councilmember Crowley, authorizing and directing the City Manager to enter into a revocable street privilege with United Steelworkers Local Union 14340 in the vicinity of 4900 Este Avenue.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***

MR. CROWLEY
MR. CRANLEY
MS. COLE

Item #: 200600661
MOTION, dated 6/20/2006 submitted by Councilmembers Crowley, Cranley and Cole, that the environment including land, air and water is made a priority in Cincinnati by establishing an Office of Environmental Quality in the 2007-2008 budget to oversee issues related to the overall well being of the environment. The configuration and scope of this office should be consistent with the recommendations from Mayor Mallory and Councilmember Crowley (attached) who established an OEM Planning Group to provide expert guidance on how this office will be structured. WE FURTHER MOVE that this item be presented for discussion at the July 31st Finance Committee Meeting. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***

MS. GHIZ

Item #: 200600655
RESOLUTION, dated 6-23-06, submitted by Councilmember Leslie Ghiz, EXPRESSING Council's support for the Mt. Washington Wetlands Preservation (MWWP) Group in its application seeking funding from the Clean Ohio Fund for the acquisition of four acres of land located South of Ronaldson Road and North of Wilaray Terrace.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0035-2006
MR. BORTZ Y
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. MONZEL

Item #: 200600666
ORDINANCE, submitted by Councilmember Monzel, modifying the provisions of the City Municipal Code, Chapter 895 by adding Section 895-1-R, and Section 895-5 (b) and reordaining former Section 895-1-R to Section 895-1-R1, to prohibit outdoor advertising signs within 200 feet of a residential district boundary line.
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***

MR. THOMAS

Item #: 200600662
ORDINANCE, (EMERGENCY) submitted by Councilmember Thomas, modifying Title III of the Cincinnati Municipal Code by enacting new Section 306-66 to permit payroll deductions for contribution to the Greater Cincinnati Police Museum.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***

CITY MANAGER

Item #: 200600643
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/28/2006, authorizing the Cincinnati Recreation Commission to apply for and accept a grant from the Ohio Arts Council in the amount of $3,200.00 for the purpose of providing funds for the resident artist's fee.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600644
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/28/2006, authorizing the City Manager to apply for and accept a grant of approximately $60,000.00 from the Office of Criminal Justice Services for the purpose of providing funding to the Domestic Violence Advocate Program for the Rape Crisis & Abuse Center.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600645
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/28/2006, AUTHORIZING the transfer of and return to source Income Tax Permanent Improvement Fund 758 the sum of $50,000.00, and further AUTHORIZING the transfer of and return to source Equipment Bond Fund 864 the sum of $100,000.00, all from capital improvement program project account 980x090x02918 (Information Security Initiative '04), and further AUTHORIZING the transfer and appropriation of the sum of $50,000.00 from the unappropriated surplus of Income Tax Permanent Improvement Fund 758 and the sum of $100,000.00 from the unappropriated surplus of Equipment Bond Fund 864 to the Regional Computer Center's capital improvement program project account 980x090x03163 (Enterprise Messaging System Upgrade '06), and further AUTHORIZING the transfer and appropriation of $115,770.00 from the unappropriated surplus of Cable Communications Fund 424 to capital improvement program project account 980x090x03163 (Enterprise Messaging System Upgrade '06) to fund the Email Migration project.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600647
ORDINANCE submitted by David E. Rager, City Manager, on 6/28/2006, repealing Ordinance No. 0187-1996, authorizing the City Manager or his designee to grant special street privileges to Bench Billboard Co., Inc. for the placement of advertising benches in the City of Cincinnati, notwithstanding any other provisions of the Cincinnati Municipal Code.
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***


Item #: 200510585
REPORT, dated 6/28/2006, submitted by David E. Rager, City Manager, on a communication, dated 10/7/2005, submitted by Councilmember Smitherman, from Kevin M. Moore, 3989 Dickson Avenue, Cincinnati, Ohio 45229, regarding 3993 Dickson being a potential hazard.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***


Item #: 200600468
REPORT, dated 6/28/2006, submitted by David E. Rager, City Manager, on a 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:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***


Item #: 200600646
REPORT, dated 6/28/2006, submitted by David E. Rager, City Manager, regarding the Department of Finance report for the month ended May 31, 2006. (REPORT ON FILE IN CLERK'S OFFICE)
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600660
REPORT, dated 6/28/2006, submitted by David E. Rager, City Manager, regarding the Collins Avenue stairway.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***

CITY PLANNING COMMISSION
ECONOMIC DEVELOPMENT COMMITTEE

Item #: 200600500
ORDINANCE, dated 5/17/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, modifying the provisions of Chapter 1419, Additional Development Regulations, of the Cincinnati Zoning Code by amending Section 1419-21. (DISAPPROVED BY THE CITY PLANNING COMMISSION 4/21/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY JUNE 12, 2006 AT 3:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** REFERRED BACK TO ECONOMIC DEVELOPMENT
COMMITTEE

CLERK OF COUNCIL

Item #: 200600656
COMMUNICATION, dated 6/21/2006, submitted by the Clerk of Council, from James P. Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding Transfer of Ownership and Location Application, Permit #8904480, Class D-2-2X-3-6, Extremely Xclusive, LLC, 2701 Vine Street, Cincinnati, Ohio 45219. This hearing will be held on July 14, 2006 at 11:00 a.m. in Meeting Room B, City Hall, 801 Plum Street.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600657
COMMUNICATION, dated 6/21/2006 submitted by the Clerk of Council, from James P. Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding New Permit Application, Permit #7020111, Class C-1-2,D-6, Pope's Market, LLC, 2306 Vine Street, Cincinnati, Ohio 45219. This hearing will be held on July 14, 2006 at 10:00 a.m., Meeting Room B, City Hall, 801 Plum Street.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600658
COMMUNICATION, dated 6/21/2006, submitted by the Clerk of Council from James P. Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding New Permit Application, Permit #5476770, Class C-1, Mandy's Landing, LLC, 4331 River Road, Cincinnati, Ohio 45204. This hearing will be held on July 14, 2006, at 1:30 p.m. in Room B, City Hall, 801 Plum Street.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200600659
REGISTRATION, submitted by the Clerk of Council, for Legislative Agent Mark J. Quarry, Director of Governmental Affairs, Cincinnati Area Board of Realtors, 14 Knollcrest Drive, Cincinnati, Ohio 45237-1635.
Item Status/Referral/Recommendations:
FILE
*** FILED

RULES & GOVERNMENT OPERATIONS COMMITTEE

Item #: 200600634
MOTION, dated 6/20/2006, submitted by Councilmember Berding, that Section 1.2 of the Rules of Council be altered to read as follows: Except where the Charter otherwise provides, any rule may be suspended at a Council meeting by a favorable vote of two-thirds of the members of council without debate. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200600635
MOTION, dated 6/20/2006, submitted by Councilmember Berding that Section 7.8 of the Rules of Council be altered to read as follows: "An item may be considered immediately and then acted upon only upon an affirmative vote of two-thirds of the members of Council." (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y

ECONOMIC DEVELOPMENT COMMITTEE

Item #: 200600568
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/14/2006, authorizing the City Manager to execute a Preferred Developer Agreement with the Corporation for Findlay Market of Cincinnati, an Ohio non-profit, for the purpose of granting an exclusive right to investigate the feasibility of, and to negotiate for, the development of thirty-two (32) parcels of real property owned by the City and located adjacent to Findlay Market in the Over-The-Rhine community.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0216-2006
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY N
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200600598
ORDINANCE, (EMERGENCY) submitted by Councilmember Bortz, NOTWITHSTANDING the provisions of Sections 1411-39(a)(1) and (2), Section 1427-17, of the Cincinnati Zoning Code, and Sections 895-5(a) and (d), Section 895-9, Section 895-13, Section 895-15 and Section 895-19 of the Cincinnati Municipal Code, authorizing the Director of Buildings and Inspections to issue any and all necessary permits for the installation of an LED screen at 505 Vine Street in the Central Business District.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0217-2006
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200600626
ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/21/2006, establishing the 2007 Urban Forestry Program Assessment Equalization Board, appointing three members thereto, and setting the time and place for hearings.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0218-2006
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y