PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday November 08, 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 Milton Dohoney, Jr. Solicator J. 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:


MS. COLE
MS. GHIZ

Item #: 200601023
MOTION, dated 11/8/2006, submitted by Councilmembers Cole and Ghiz that the City of Cincinnati Council hold one regular meeting each month in the evening, with public comment commencing at 5:30 pm and the regular meeting at 6:00 pm. WE FURTHER MOVE that the first evening Council meeting be scheduled for January 18, 2007 and continue each month on the third Wednesday. WE FURTHER MOVE that the administration continue its policy of holding evening Council meetings at the lowest cost to taxpayers. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ADOPTED
*** ADOPTED
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL N
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y

MR. THOMAS

Item #: 200601022
ORDINANCE, (EMERGENCY) submitted by Councilmember Thomas, establishing the process to be followed by the members of Council and the Mayor in forming a City Manager Performance Measurement Committee and a City Manager Performance Review Committee, and REPEALING Ordinance No. 275-2006, which requires that performance measures for evaluating the City Manager be approved by at least six members of City Council within 90 days of the City Manager taking office, which deadline is not adequate for the necessary work to be accomplished.
Item Status/Referral/Recommendations:
PASSED EMERGENCY
*** PASSED EMERGENCY 0324-2006
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

CITY MANAGER

Item #: 200601013
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/8/2006, to delete a lien on the property located at 984 Burton Avenue (Hamilton County Auditor's parcel 106-05-015), notwithstanding the provisions of Cincinnati Municipal Code Section 731-11.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200601014
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/8/2006, approving payment in the amount of $2,142.22 to The Mercer Group, Inc. as a moral obligation for management consultant services rendered to the Board of Health of the City of Cincinnati for the hiring of the Health Commissioner.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200601015
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/8/2006, approving and authorizing the execution of the Ninth Amendment to the County Water Area Contract for the purpose of allowing the Village of Cleves to provide water service to a small area of Miami Township that was previously designated to receive water service from the City of Cincinnati as part of the County Water Area.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200601016
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/8/2006, to accept and confirm the dedication of permanent easements to public use for construction, maintenance, repair and replacement of water mains and water main appurtenances in accordance with plats designated as: "WSL #3458, Panther Creek Subdivision, Section 18, Town 3, Fractional Range 1, Miami Purchase, Delhi Township, Private Drive off of Panther Court" and "WSL #3351, Emerald Lakes, Phase II, Section 10, Town 2, Fractional Range 2, Green Township, Emerald Lakes Drive off of North Bend Road" and "WSL #3453, Legendary Ridge Subdivision, Phase I, Section 16, Town 1, Fractional Range 2, Miami Township, Private Drive 2 off of Macy Lane" and "WSL #3453, Legendary Ridge Subdivision, Phase I, Section 16, Town I, Fractional Range 2, Miami Township, Private Drive 3 off of Legendary Ridge Lane" and "WSL #3453, Legendary Ridge Subdivision, Phase I, Section 16, Town 1, Fractional Range 2, Miami Township, Private Drive 1 off of Legendary Ridge Lane" and "WSL #3451, Anderson Towne Center, Anderson Township, Anderson Township, Beechmont Avenue and Five Mile Road" and "CIN #162, Sonoma Hill, Section 23, Town 4, Range 2, Columbia Township, Sonoma Court off of Duck Creek Road" and "WSL #3457, Pontius Pointe, Section 30, Town 3, Range 1, Delhi Township, Pontius Road."
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION
***


Item #: 200601017
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/8/2006, authorizing the sale by bid of surplus city-owned real property located at 2821 Little Dry Run Road, which real property is no longer needed for any municipal purpose.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION
***


Item #: 200600832
REPORT, dated 11/8/2006, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 8/23/2006, submitted by Councilmembers Cole and Crowley, from Mr. William McCoy, Towne Taxi, 7630 Production Drive, Cincinnati, Ohio 45237, requesting an immediate increase in taxi fares.
Item Status/Referral/Recommendations:
LAW & PUBLIC SAFETY COMMITTEE
***


Item #: 200600904
REPORT, dated 11/8/2006, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 9/27/2006, submitted by Councilmember Crowley, from James H. Barrow, III, 768 Maidstone Ct., Cincinnati, Ohio 45230, regarding reimbursement of FEMA.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600921
REPORT, dated 11/8/2006, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 9/24/2006 submitted by Councilmember Crowley, from Frank W. Vandeventer, Vice President, North Fairmount Community Council, regarding problems with tenants of 2076 Harkness Avenue.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***

CITY PLANNING COMMISSION

Item #: 200601019
ORDINANCE, dated 10/30/2006 submitted by Margaret Wuerstle, Chief Planner, to rezone certain property located south of Gest Street, west of Evans Street and east of the Baltimore & Ohio Railroad line right-of-way for certain property in PD-15, a Planned Development District in the neighborhood of Lower Price Hill, from Planned Development (PD) to Manufacturing General (MG) amending the Zoning Map. (THIS ITEM WILL BE HELD BEFORE THE ECONOMIC COMMITTEE TUESDAY, 11/21/2006 AT 11:00 A.M.)(CITY PLANNING COMMISSION APPROVED THIS ITEM ON 9/1/2006)
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***

CITY PLANNING COMMISSION
ECONOMIC DEVELOPMENT COMMITTEE

Item #: 200600982
ORDINANCE, dated 10/16/2006, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE certain property located at 6606 Paddock Road, from an SF-6 Single-Family Residential District to a ML Manufacturing Limited District in the Bond Hill neighborhood, amending the Zoning Map. (THIS ITEM WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, NOVEMBER 7, 2006, 11:00 A.M.) (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 9/1/2006)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0318-2006
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

RULES & GOVERNMENT OPERATIONS COMMITTEE

Item #: 200600894
MOTION, submitted by Councilmembers Ghiz and Cole that the City of Cincinnati Council hold one regular meeting each month in the evening, with public comment commencing at 5:30 p.m. and the regular meeting at 6:00 p.m. WE FURTHER MOVE that the first evening Council meeting be scheduled for November 15, 2006 and continue each month on the third Wednesday. WE FURTHER MOVE that the administration continue its policy of holding evening Council meetings at no additional cost to taxpayers. (STATEMENT ATTACHED)(See Document 200601010 for Report)
Item Status/Referral/Recommendations:
ADOPT
*** FILED


Item #: 200601010
REPORT, dated 10/30/06, submitted by Milton Dohoney, Jr., City Manger on a motion, submitted by Councilmembers Ghiz and Cole that the City of Cincinnati Council hold one regular meeting each month in the evening, with public comment commending at 5:30 p.m. and the regular meeting at 6:00 p.m. We Further Move that the first evening Council meeting be scheduled for November 15, 2006 and continue each month on the third Wednesday. (See Document 200600894 for motion)
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED

ECONOMIC DEVELOPMENT COMMITTEE

Item #: 200601004
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/1/2006, declaring certain parcels of real property in the City to be blighted, declaring improvements to those parcels of real property to be a public purpose, describing the various public infrastructure improvements to be made to directly benefit the respective parcels, requiring the owners thereof to make service payments in lieu of taxes, establishing a municipal public improvement tax increment equivalent fund for the deposit of such service payments, repealing Ordinance No. 154-2006, and declaring an emergency.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0321-2006
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


Item #: 200601005
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/01/2006, authorizing the City Manager to enter into and execute a development agreement with Millworks Town Center L.L.C. for the construction of a mixed-use development project to be known as the "Millworks" to be located at the southwest corner of Marburg and Ibsen, and repealing Ordinance No. 308-2005 and Ordinance No. 155-2006.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0322-2006
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


Item #: 200601006
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/1/2006, approving and authorizing the execution of a Tax Increment Financing Cooperative Agreement with the Port of Greater Cincinnati Development Authority, and repealing Ordinance No. 151-2006.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0319-2006
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 N


Item #: 200601008
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/1/2006, approving and authorizing the execution of the Design-Build Agreement between the City and Millworks Town Center L.L.C., providing for construction of the Kennedy Connector; declaring City ordinances and State laws applicable to competitive bidding to be inapplicable to such contract except as provided therein, repealing Ordinance No. 153-2006; and declaring an emergency.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0323-2006
MR. CRANLEY Y
MR. CROWLEY Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y


Item #: 200601012
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/06/2006, approving and authorizing the execution of a Service Agreement with Millworks Town Center, L.L.C., and repealing Ordinance No. 152-2006.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0320-2006
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

EDUCATION,HEALTH & RECREATION COMMITTEE

Item #: 200601020
MOTION, dated November 7, 2006, submitted by Councilmembers Jeff Berding, Chris Bortz, Chris Monzel, and Leslie Ghiz WE MOVE that the Administration make acquiring/retaining necessary property or easements for a bike trail from Lunken Airport to Downtown Cincinnati (the "Bike Trail") a priority of any development agreement, property transfer, or funding contribution whenever the City is participating in a development project in a location that may be used for the Bike Trail.
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
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

FINANCE COMMITTEE

Item #: 200600974
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/25/2006, authorizing application to the Department of Housing and Urban Development for 2007 funding for the City of Cincinnati from the Community Development Block Grant Program, the HOME Investment Partnerships Program, the Housing Opportunities for Persons with AIDS (HOPWA) Program, and the Emergency Shelter Grants Program, and filing of the 2007 Entitlement Year Consolidated Plan/Action Plan.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0315-2006
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


Item #: 200600996
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/1/2006, authorizing the Administration to do all things necessary to cooperate with the Director of the Ohio Department of Transportation (ODOT) in order to complete the HAM-22-4.56 pavement rehabilitation project to be included in ODOT's 2007 Urban Paving Program for Montgomery Road between Brewster Avenue and the south corporation line of the City of Norwood, Montgomery Road from Cypress Way to Coleridge Avenue, and Reading Road from Paddock Road to the Norwood Lateral Expressway.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0316-2006
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


Item #: 200600997
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/1/2006, authorizing the Administration to do all things necessary to cooperate with the Director of the Ohio Department of Transportation (ODOT) in order to complete the HAM-264-10.49 pavement rehabilitation project to be included in ODOT's 2007 Urban Paving Program for Glenway Avenue between Shirley Place and Cleves Warsaw Pike, Central Parkway between West 12th Street and Liberty Street, and Gilbert Avenue between Court Street and Elsinore Place.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0317-2006
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


Item #: 200601002
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/1/2006, authorizing the execution of a YMCA Cincy After School Agreement, between the YMCA and the City, whereby the City agrees to provide non-school hours, academic and violence/drug prevention activities at three Cincinnati sites to meet the program objectives of the Cincy After School/TANF Demonstration Project; and, the YMCA agrees to pay to the City up to $240,000.00 for the provision of said services.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0314-2006
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


Item #: 200600633
REPORT, dated 11/01/2006, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 6/19/2006, submitted by Councilmembers Berding and Ghiz that the Administration report back to Council on the progress of efforts to implement a process for utilizing internet reverse auctions for the purchase of City supplies and services. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED


Item #: 200600960
RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 10/25/2006, requesting that the Auditor of Hamilton County draw, and the Treasurer of Hamilton County pay on such draft to the Treasurer of the City of Cincinnati weekly beginning January 2, 2007 funds derived from taxes which may be in the county treasury to the account of the City of Cincinnati.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0048-2006
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

LAW & PUBLIC SAFETY COMMITTEE

Item #: 200600994
REPORT, dated 11/1/2006, submitted by Milton Dohoney, Jr., 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. (SEE DOCUMENT #200600371 FOR ADOPTED MOTION)
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED