Wednesday January 10, 2007
Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cranley, Cole, Crowley, Ghiz, Monzel, Tarbell and Thomas (9)
Also in attendance were City Manager Milton Dohoney, Jr. Solicitor 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:
APPOINTMENT, dated 12/18/2006, submitted by Mayor Mallory pursuant to City of Cincinnati Ordinance No. 369-1998, I am recommending that Councilmember David Crowley serve as the City of Cincinnati representative for the Hamilton County Transportation Improvement District. Councilmember Crowley will replace Councilman Jeff Berding and serve a two-year term that ends on December 31, 2008.Item Status/Referral/Recommendations:
REAPPOINTMENT, dated 12/18/2006, submitted by Mayor Mallory, pursuant to the authority granted by Article V, Section II of the Cincinnati Municipal Code and subject to the consent of Council, I hereby recommend the re-appointment of Mr. Steven Baines to the Cincinnati Board of Health.Item Status/Referral/Recommendations:
| 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 |
REAPPOINTMENT, dated 12/18/2006, submitted by Mayor Mallory, recommending the re-appointment of Ms. Susan Krehbeil Holzapfel to the Lunken Airport Oversight Advisory Board. Ms. Holzapfel first joined the Lunken Airport Oversight Advisory Board in December 2003. Ms. Holzapfel will serve a three-year term that ends on September 30, 2009.Item Status/Referral/Recommendations:
| 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 |
REAPPOINTMENT, dated 12/18/2006 submitted by Mayor Mallory, recommending the reappointment of Councilmember John Cranley to serve as the City representative on the Ohio Kentucky Indiana Regional Council of Governments. This appointment is a one year term.Item Status/Referral/Recommendations:
ORDINANCE, submitted on 12/19/06 by Councilmember Bortz, modifying the provisions of Chapter 1425, Parking and Loading Regulations, of the Cincinnati Zoning Code by amending Schedule 1425-19-A: Off-Street Parking and Loading Requirements. (CITY PLANNING COMMISSION APPROVED THIS ITEM 10/20/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE WEDNESDAY, JANUARY 17, 2007 AT 12:00 P.M.)Item Status/Referral/Recommendations:
ORDINANCE, submitted on 12/19/06 by Councilmember Bortz, modifying the provisions of Chapter 1425, Parking and Loading Regulations, of the Cincinnati Zoning Code by amending Schedule 1425-19-A: Off-Street Parking and Loading Requirements. (CITY PLANNING COMMISSION DISAPPROVED THIS ITEM ON 3/3/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE WEDNESDAY, JANUARY 17, 2007 AT 12:00 P.M.)Item Status/Referral/Recommendations:
ORDINANCE, dated 1/10/2007 submitted by Councilmember Monzel, ORDAINING new Chapter 763, "Residency Prohibitions Against Sexual Offenders", to impose appropriate prohibitions on the available residence locations of certain convicted sexual offenders.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | N |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | N |
| MR. THOMAS | Y |
| MR. BERDING | Y |
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, authorizing the City Manager to enter into and execute an Agreement of Lease with the Norton Outdoor Advertising, Inc. 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 1/10/2007, authorizing the sale of surplus City-owned real property located at 170 Goethe Street to Sara Aschliman and Brian Aschliman, which real property is no longer needed for any municipal purpose, and repealing Ordinance No. 329-2005.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 98-5-235) to public use for street purposes as an addition to McMillan Street and McMicken Avenue.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, accepting and confirming the dedication of Camberwell Road to public use for street purposes in accordance with the plat designated "Dedication Plat of Camberwell Road."Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 51-3-236) to public use for street purposes as an addition to Marburg and Alamo Avenues.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcels 223-3-173 and 582-1-191) to public use for street purposes as an addition to Spring Grove Avenue.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 1-3-311) to public use for street purposes as an addition to Beechmont Avenue and Wilray Terrace.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 118-1-145) to public use for street purposes as an addition to Paddock and Laidlaw Avenue.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, authorizing the City Manager to enter into an agreement with the Board of County Commissioners of Hamilton County, Ohio with respect to county bridge structural maintenance responsibility on certain bridges located within the corporate llimits of the City of Cincinnati for 2007 through 2016.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, authorizing the Southwest Ohio Regional Transit Authority (SORTA) to implement fare increases on Metro services, as hereafter set forth, due to SORTA'a 2007 budget shortfall.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, authorizing the grant of two permanent easements in Vaughn Street to Corryville Community Development Corporation, one easement for private drainage, building overhang and private utilities, the second easement for private drainage, which interests are not needed for any municipal purpose.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, authorizing the granting of a permanent sanitary sewer easement and two temporary construction easements for the Mill Creek Waste Water Treatment Plant Septage Receiving Station project, SS# 5566, to the Board of County Commissioners of Hamilton County, Ohio, through City-owned real estate, which grants are not adverse to the interest in the real estate retained by the City of Cincinnati.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, authorizing the sale of surplus City-owned real property located on the southwest corner of Eastern Avenue and St. Peters Street to Kenneth J. Welsh, which real property is no longer needed for any municipal purpose.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, authorizing the City Manager to enter into a Lease Agreement with the Art Academy of Cincinnati for City-owned Rodney Alley between 12th and 13th Streets, which property 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 1/10/2007, authorizing the transfer and appropriation of the sum of $210,000 from unappropriated surplus of the Park Board's Permanent Improvement Fund 752 to capital improvement project account no. 980x203x03187. "Master Plan Implementiaon '06," for the purpose of implementing infrastructure improvements in the park system and to provide resources to produce informational materials for the new Park Board Master Plan.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, authorizing the Board of Health to apply for and accept a grant in the amount of $50,000 from the Health Foundation of Greater Cincinnati for the purpose of planning a prevention and screening program for fetal alcohol spectrum disorders to be used in clinic and school settings in the City of Cincinnati.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, amending Sections 203-43, 203-44, 203-121 of the Cincinnati Municipal Code, in accordance with the Social Security Administration revisions, which take effect January 1, 2007, and for the purpose of revising the manner in which the Cincinnati Retirement System makes premium payments for retirees under Medicare Part B.Item Status/Referral/Recommendations:
REPORT, dated 1/10/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 8/29/2006, submitted by Councilmembers Thomas, Bortz, Crowley, Monzel and Tarbell, that the City Administration explore the feasibility of establishing a City/County taskforce made up of law enforcement, jail administration, prosecution, pre-trial services, judiciary, defense attorneys, public defenders, and probation and parole authorities, to explore alternatives and make recommendations for reducing jail overcrowding, utilizing a report published by the Bureau of Justice Assistance entitled, "A Second Look at Jail Crowding: A Systems Perspective" as a reference guide (http://www.ojp.usdoj.gov/).Item Status/Referral/Recommendations:
REPORT, dated 1/10/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 9-14-2006, submitted by Council members Chris Bortz, Jeff Berding, Leslie E. Ghiz, David C. Crowley, and James R. Tarbell WE MOVE that the administration report back on our current project specific and district TIF policies and procedures. WE FURTHER MOVE that the administration update Council on the use and effects of CRA Homeowner's Tax Abatement program which is set to expire in October 2007.Item Status/Referral/Recommendations:
REPORT, dated 1/10/2007, 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 Roselawn Express Inc. DBA (None listed), 3515 Burnet Avenue. (#75283230005, New, C1) [Objections: City of Cincinnati Police Department, District Four and Avondale Community Council]Item Status/Referral/Recommendations:
REPORT, dated 1/10/2007, 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 Darryl L. Sexton, Inc. DBA Rainy Day Inn, 1326 Knowlton Street, 1st Floor, 2nd Floor Rear and Basement. (#19350450005, Transfer of Ownership, D5, D6) [Objections: None]Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/15/2006, dedicating, accepting and confirming the dedication of 0.659 acres and 0.134 acres of City-owned property to be added to the River Road public right-of-way. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 12/1/2006)Item Status/Referral/Recommendations:
| 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 |
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/22/2006, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 1-2-346) to public use for street purposes as an addition to Beechmont Avenue. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 12/15/2006)Item Status/Referral/Recommendations:
| 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 |
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/22/2006, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 209-4-206) to public use for street purposes as an addition to Westwood Northern Boulevard and Goebel Avenue. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 12/15/2006)Item Status/Referral/Recommendations:
| 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 |
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/22/2006, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 118-1-146) to public use for street purposes as an addition to Paddock Road and Laidlaw Avenue. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 12/15/2006)Item Status/Referral/Recommendations:
| 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 |
COMMUNICATION, dated 12/20/2006 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 Stock Transfer Application, Permit #1608807-0005, Class C-2-2X, D-6, Cold N Quick Drive Thru, Inc., 2029 Dana Avenue, Cincinnati, Ohio 45207. The hearing will be held on January 26, 2007 at 1:00 p.m. in Room B, City Hall.Item Status/Referral/Recommendations:
COMMUNICATION, dated 12/20/2006, 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 2006-2007 Renewal Application, Permit #1608807-0005, Class C-2-2X, D-6, Cold N Quick Drive Thru, Inc., 2029 Dana Avenue, Cincinnati, Ohio 45207. Hearing will be held on January 26, 2007 at 1:00 p.m., Room B, City Hall.Item Status/Referral/Recommendations:
COMMUNICATION, dated 12/20/2006, 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 2005-2006 and 2006-2007 Renewal Applications, Permit #1493392, Class C-1, Cincinnati Petro Corp. dba Swifton Shell, 1900 Seymour Avenue, Cincinnati, Ohio 45237. Hearing will be held on January 26, 2007 at 11:00 a.m., Room B, City Hall.Item Status/Referral/Recommendations:
COMMUNICATION, dated 12/20/2006, 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 Application, Permit #1415397, Class C-1-2, D-6, Cherradi Enterprise, LLC dba Don's Deli, 1500 Beech Avenue, 1st Floor, Cincinnati, Ohio 45205. Hearing will be held on January 26, 2007 at 10:00 a.m. Room B, City Hall.Item Status/Referral/Recommendations:
ORDINANCE, dated 12/12/2006, submitted by the Clerk of Council, from Margaret Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, To rezone certain property located at 6104-6118 Kellogg Avenue, from a PD, Planned Development District to a CG-A, Commercial General - Auto-oriented District in the California neighborhood, amending the Zoning Map. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 9/15/2006)(PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE WEDNESDAY, JANUARY 17, 2007 AT 12:00 P.M.)Item Status/Referral/Recommendations:
ORDINANCE, submitted by the Clerk of Council, from Margaret Wuerstle, AICP, Chief Planner, Department of Community Development and Plannng, To rezone certain property located at 218 Two Mile Road, from a PD, Planned Development District to an SF-20, Single-family District in the California neighborhood, amending the Zone Map. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 9/15/2006)(PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE WEDNESDAY, JANUARY 17, 2007 AT 12:00 P.M.)Item Status/Referral/Recommendations:
ORDINANCE, dated 12/20/2006, submitted by the Clerk of Council, from Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Chapter 1439, Decision Making Bodies and Officials, of the Cincinnati Zoning Code by amending Section 1439-07. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/4/2005)(PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE WEDNESDAY, JANUARY 17, 2007 AT 12:00 P.M.)Item Status/Referral/Recommendations:
ORDINANCE, dated 12/20/2006 submitted by the Clerk of Council, from Margaret Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Chapter 1409, Commercial Districts, of the Cincinnati Zoning Code by amending Section 1409-23.(CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/4/2005) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE WEDNESDAY, JANUARY 17, 2007 AT 12:00 P.M.)Item Status/Referral/Recommendations:
ORDINANCE, dated 12/20/2006 submitted by the Clerk of Council, from Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Chapter 1409, Commericial Districts, of the Cincinnati Zoning Code by amending Section 1409-07. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 3/17/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, WEDNESDAY, JANUARY 17, 2007 AT 12:00 P.M.)Item Status/Referral/Recommendations:
RESOLUTION, dated 11/1/2006, submitted by the Clerk of Council, from J. Rita McNeil, City Solicitor, regarding Resolution No. 2006-15, Amendment of Regulation No. 00079 Fees Retail Food Establishments;Food Service Operations.Item Status/Referral/Recommendations:
ORDINANCE, submitted by J. Rita McNeil, City Solicitor on December 19, 2006, ordaining new Chapter 763, "Residency Prohibitions Against Sexual Offenders", to impose appropriate prohibitions on the available residence locations of certain convicted sexual offenders.Item Status/Referral/Recommendations:
| 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 |
MOTION, dated 01/09/2007, submitted by Councilmember Cole, that before any Neighborhood Business District Support Fund (NBDSF) funding is allocated, a report comes before the Vibrant Neighborhoods, Environment and Public Services committee for approval.Item Status/Referral/Recommendations:
| 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 |
REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 06/13/06, submitted by Councilmember Cole, from Huntington Bancshares Incorporated, Huntington Center, 41 S. High Street, Columbus, Ohio 43287, (614) 480-8300, presenting the Huntington 2005 Report to the Community: Moving Forward. Giving Back.Item Status/Referral/Recommendations:
REPORT, dated 12/6/2006, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 9/12/06, submitted by Councilmembers Berding, Cole and Cranley, that administration prepare a report to Council describing the process by which residents may request additional street lighting. The report should address the required steps to be taken by both citizens and the administration, related time frames, costs associated with the program, and how requests are evaluated including whether or not crime statistics are currently taken into account. (STATEMENT ATTACHED)Item Status/Referral/Recommendations:
REPORT (SUPPLEMENTAL), dated 11/1/2006, submittted by Milton Dohoney, Jr., City Mananger, regarding Huntington Bancshares 2005 report to the community. (SEE DOCUMENT #200600612 FOR ORIGINAL REPORT)Item Status/Referral/Recommendations:
REPORT, dated 12/27/2006, submitted by Milton Dohoney, Jr., City Manager, regarding the One-Stop Shop for Homeownership supplement.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:
| 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 |