Wednesday December 13, 2006
Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cranley, Crowley, Ghiz, Monzel, Tarbell and Thomas (8)
Also in attendance were City Manager Milton Dohoney, Jr. Asst. Solicator Patricia King 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 12/11/2006, submitted by Mayor Mallory, recommending the appointment of Ms. Roxanne Qualls to the Southwest Ohio Regional Transit Authority Board of Directors (SORTA). Ms. Qualls will fill the vacancy created by the resignation of Timothy Williams. Ms Qualls served as Mayor until 1999 and is committed to revitalization of the City of Cincinnati. Ms. Qualls will serve a three-year term that ends on January 1, 2010.Item Status/Referral/Recommendations:
APPOINTMENT, dated 12/8/2006, submitted by Mayor Mallory, recommending the appointment of Michelle Story-Stewart to the Community Reinvestment Act Oversight Committee. Ms. Story-Stewart is a Program Officer for Local Initiatives Support Corporation. Ms. Story-Stewart will serve the remaining term of a vacant position as a Community Member that ends on May 1, 2008.Item Status/Referral/Recommendations:
APPOINTMENT, dated 12/8/2006, submitted by Mayor Mallory, recommending the appointment of James B. Robinson to the Civil Service Commission. Mr. Robinson is a Sole Practitioner concentrating in labor and employment law and mediation. Mr. Robinson will fill the vacancy created by the resignation of Mr. Dan Radford. Mr. Robinson will serve a six-year term that ends on December 31, 2012.Item Status/Referral/Recommendations:
APPOINTMENT, dated 12/8/2006, submitted by Mayor Mallory, recommending the appointment of Dr. Richard M. Ruddy to the Board of Health. Dr. Ruddy will fill the vacancy created by the expired term of Ms. Kathleen Clark. Dr. Ruddy will serve a three-year term that ends on December 31, 2009.Item Status/Referral/Recommendations:
APPOINTMENT, dated 12/11/2006, submitted by Mayor Mallory, recommending the appointment of Mr. Ozie Davis to the Citizens Complaint Authority (CCA). Mr. Davis is the Program Manager for Local Initiatives Support Corporation. Mr. Davis will fill the vacancy created by the expired term of Ms. Martha Camille Anderson Haamid. Mr. Davis will serve a two-year term that ends on January 1, 2009.Item Status/Referral/Recommendations:
APPOINTMENT, dated 12/11/2006, submitted by Mayor Mallory, recommending the appointment of Ms. Kristen Meyers to the Citizen Complaint Authority. Ms. Meyers is an Associate at Beckman Weil Shepardson LLC. Ms. Meyers will fill the vacancy created by the expired term of Mr. Richard D. Siegel. Ms. Meyers will serve a two-year term that ends on January 1, 2009.Item Status/Referral/Recommendations:
APPOINTMENT, dated 12/11/2006, submitted by Mayor Mallory, recommending the appointment of Mr. John S. Fronduti to the Citizens Complaint Authority. Mr. Fronduti is a Partner at Keating Muething & Klekamp PLL. Mr. Fronduti will fill the vacancy created by the expired term of Mr. Walter Bowers II. Mr. Fronduti will serve a two-year term that ends on January 1, 2009.Item Status/Referral/Recommendations:
APPOINTMENT, dated 12/12/2006, submitted by Mayor Mallory, subject to the consent of Council, I hereby appoint Mr. Robert Anning to serve as Commissioner of the Cincinnati Park Board. Mr. Anning has a long history of community service and has been an active member of the Cincinnati Parks Foundation since 1995. Mr Anning will replace the vacancy created by the expired term of Mr. Frank Russell, which will occur on December 31, 2006. Mr. Anning will serve a term that will begin January 1, 2007 and expire on December 31, 2012.Item Status/Referral/Recommendations:
APPOINTMENT, dated 12/11/2006, submitted by Mayor Mallory, recommending the appointment of Francis Penrose Russell to the Board of the Zoological Society. Mr. Russell is a Commissioner on the Cincinnati Park Board and Director of the Community Design Center at the University of Cincinnati. Mr. Russell will fill the vacancy created by the expired term of John Taylor. Mr. Russell will serve a three-year term that ends on December 31, 2009.Item Status/Referral/Recommendations:
APPOINTMENT, dated 12/8/2006, submitted by Mayor Mallory recommending the appointment of Dr. Richard M. Ruddy to the Board of Health. Dr. Ruddy is Professor of Clinical Pediatrics for the University of Cincinnati College of Medicine. Dr. Ruddy will fill the vacancy created by the expired term of Mr. Steven Baines that expired December 1, 2006. Dr. Ruddy will serve a three year term that ends on December 31, 2009.Item Status/Referral/Recommendations:
REAPPOINTMENT, dated 12/11/2006, submitted by Mayor Mallory, recommending the re-appointment of Mr. David D. Black to the Citizens Complaint Authority. Mr. Black first jointed the Citizens Complaint Authority in June 2005. Mr. Black will serve a two-year term that ends on January 1, 2009.Item Status/Referral/Recommendations:
REAPPOINTMENT, dated 12/11/2006 submitted by Mayor Mallory, recommending the re-appointment of Mr. James J. Carroll to the Lunken Airport Oversight Advisory Board. Mr. Carroll first joined the Lunken Airport Oversight Advisory Board in December 2003. Mr. Carroll is an Attorney at Cors & Bassett. Mr. Carroll will serve a three-year term that ends on September 30, 2009.Item Status/Referral/Recommendations:
REAPPOINTMENT, dated 12/11/2006, submitted by Mayor Mallory, recommending the re-appointment of Mr. Albert F. Peter to the Lunken Airport Oversight Advisory Board. Mr. Peter first joined the Lunken Airport Oversight Advisory Board in December 2003. Mr. Peter will serve a three year term that ends on September 30, 2009.Item Status/Referral/Recommendations:
REPORT, dated 11/20/2006, submitted by Mayor Mallory, regarding recommendations on the proposed 2007/2008 Biennial Budget. (DOCUMENT CAN BE VIEWED IN THE CLERK OF COUNCIL'S OFFICE)Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 12/06/2006, authorizing the City Manager to enter into and execute an Agreement of Lease with the Lamar Advantage GP Company for various real property sites located in the City of Cincinnati for the operation of outdoor advertising signs.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 12/13/2006, authorizing the City Manager to accept Ninety Thousand and 00/100 Dollars ($90,000.00) from Neyer Properties, Inc. to provide funding to assist in financing the preparation of the first phase of the planning and design for a Dana Avenue Streetscape consistent with the concepts identified in the April 1998 Evanston Neighborhood Business District (NBD) Urban Renewal Plan.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/13/2006, authorizing the transfer of the sum of $500.00 from the General Fund 050 for the purpose of adjusting the office budget of Councilmember Jeff Berding.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/13/2006, authorizing the City Manager to enter into and execute a Lease Agreement with Toad, Inc. for property located at 3838 Pennsylvania Avenue.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 12/13/2006, authorizing the City Manager to enter into a Lease Agreement with Jim Peters and Elaine Peters for part of the Edwards Road right-of-way, which is not needed for any municipal purpose during the term of the lease.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 12/13/2006, authorizing the sale of surplus city-owned real property located at the northwest corner of Martin Luther King Drive and Reading Road to The Health Alliance of Greater Cincinnati, which real property is no longer needed for any municipal purpose.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/13/2006, authorizing the City Manager to enter into a Lease Agreement with CRE Corporation for City-owned property at the northeast corner of Eggleston Avenue and Pete Rose Way, which property is not needed for any municipal purpose during the term of the lease.Item Status/Referral/Recommendations:
REPORT, dated 12/06/2006, submitted by Milton Dohoney, Jr., City Manager, regarding the SORTA Operational Audit. (SEE DOCUMENT #200409339 FOR ADOPTED MOTION - REPORT ON FILE IN CLERK'S OFFICE)Item Status/Referral/Recommendations:
REPORT, dated 12/13/2006, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for Elramal Trad, Inc. DBA Sam's Carryout, 4908 Whetsel Avenue. (#24957230010, New, C1) [Objections: City of Cincinnati Police Department, District Two, Madisonville Community Council and the Department of Buildings and Inspections]Item Status/Referral/Recommendations:
REPORT, dated 12/13/2006, submitted by Milton Dohoney, Jr., City Manager, regarding the Renewal of Street Lighting Assessments for Group 3 Assorted Street Lighting (2006-2009).Item Status/Referral/Recommendations:
RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 12/13/2006, declaring the intent of Council to appropriate to public use all right, title, and interest in certain real property for the Hamilton Avenue Improvement from Windermere Way to Groesbeck road.Item Status/Referral/Recommendations:
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." (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 12/1/2006)Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 12/1/2006)Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/15/2006, authorizing the grant of a permanent private telecommunications easement through Clifton Avenue to the University of Cincinnati and to University Heights Community Urban Redevelopment Corporation for locating and maintaining a telecommunications conduit and other necessary appurtenances, which interest is not needed for any municipal purpose. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 12/1/2006)Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/15/2006, authorizing the sale of surplus City-owned real property located on the north side of Queen City Avenue, east to Tillie Avenue, which real property is no longer needed for any municipal purpose. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 12/1/2006)Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/15/2006, authorizing the sale of surplus City-owned real property located on the southwest corner of Eastern Avenue and St. Peters Street, which real property is no longer needed for any municipal purpose. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 12/1/2006)Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
MOTION, dated 12/11/06, that the Economic Development Committee meet on Tuesdays of Week A at 2 pm and the Law Committee meet on Mondays of Week B at 3:00 p.m.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/29/2006, authorizing the transfer of the sum of $5,000 within General Fund 050 for the purpose of adjusting the office budget of Councilmember Y. Laketa Cole.Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/6/2006, authorizing the transfer of the sum of $1,371,323.14 from various existing HOME accounts to project account number 411x162x69008, Rental Rehabilitation Program, for the purpose of providing funds for various rental rehabilitation projects that are eligible for funding but that cannot be funded until additional resources become available.Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/6/2006, authorizing the City Manager to execute any necessary and appropriate documents to extend a loan from federal HOME funds to Savannah Garden Apartments II Limited Partnership, in the amount of Seven Hundred Sixty-Eight Thousand and 00/100 Dollars ($768,000.00) for the repair and rehabilitation of 1910A Savannah Way in College Hill to low-income households.Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
ORDINANCE, (EMERGENCY) AMENDING Ordinance No. 412-2002 passed on December 18, 2002, to remove certain real property from the District 2-Downtown South/Riverfront District Incentive District; and declaring an emergency.Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/12/2006, authorizing the City Manager to execute a Development Agreement, between the City and RiverCrossing, LLC, an Ohio limited liability company, for the benefit of a mixed-use residential and commercial development, to be located along the eastern portion of the riverfront and to be known as One River Plaza.Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/12/2006, declaring improvements to certain parcels of real property in the city of Cincinnati, Ohio to be a public purpose in connection with the establishment of tax increment financing program under Ohio Revised Code section 5709.41; declaring such property to be exempt from real property taxation; requiring the owners thereof to make service payments in lieu of taxes; describing the various improvements to be paid from such service payments; authorizing the execution of a service payment agreement with the developer; authorizing a compensation agreement with the Cincinnati city school district; establishing an urban redevelopment tax increment equivalent fund for the deposit of such service payments, and declaring an emergency.Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
ORDINANCE, (EMERGENCY), dated 12/13/2006, submitted by Councilmember Cranley, from Milton Dohoney, Jr., City Manager, to appropriate to public use all right, title, and interest in certain parcels of real property for the road project know as Hamilton Avenue Phase I from Windermere Way to Groesbeck Road.Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
ORDINANCE, (EMERGENCY), dated 12/12/2006, submitted by Councilmember Cranley, from Milton Dohoney, Jr., City Manger, repealing Ordinance 329-2006 and providing for the issuance, sale and delivery of not to exceed $130,000,000 of Water System Refunding Revenue Bonds, Series 2007A, of the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of refunding outstanding bonds; authorizing a pledge of and lien on water system revenues to secure such bonds and obligations issued on a parity therewith; authorizing a fifth supplemental trust agreement; authorizing necessary documents to secure such bonds; and declaring an emergency.Item Status/Referral/Recommendations:
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | A |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
REPORT, dated 11/22/2006, submitted by Milton Dohoney, Jr. City Manager, regarding the Department of Finance Reports for the month ended October 31, 2006.Item Status/Referral/Recommendations: