Wednesday January 24, 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:
APPOINTMENT, dated 1/10/2007, submitted by Mayor Mallory, recommending the appointment of Mr. John Schneider to the Cincinnati Planning Commission. Mr. Schneider is a founding member of Downtown Cincinnati, Inc., and currently chairs the Alliance for Regional Transit. Mr. Schneider will serve a 5-year term, which will expire on January 31, 2012.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 1/24/2007, submitted by Mayor Mallory, pursuant to City of Cincinnati Ordinance No. 369-1998, I am recommending that Councilmember Jeff Berding serve as the City of Cincinnati representative for the Hamilton County Transportation Improvement District. Councilmember Berding will serve a two-year term that ends on December 31, 2008.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 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:
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | N |
| MR. MONZEL | N |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
REAPPOINTMENT, dated 1/9/2007 submitted by Mayor Mallory, subject to the consent of Council, I hereby re-appoint Denise Driehaus to the Cincinnati Recreation Commission. Ms. Driehaus will serve for a term of 5 years set to expire on January 31, 2012.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, submitted by Vice Mayor Tarbell, RECOGNIZING and HONORING Mr. James R. Garges for his years of service to the City of Cincinnati and his commitment to the Cincinnati Recreation Commission.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 1/17/2007 submitted by Councilmembers Berding, Bortz, Cole, Ghiz and Monzel that the City Manager work in partnership with the Hamilton County Administrator to hire an expert project manager to coordinate the design and development of a female only interim jail to house a minimum of 500 female prisoners; WE FURTHER MOVE that said planner work with the Hamilton County Sheriff's Office on the specifics of this jail facility's structure, location, design and programming, including but not limited to drug treatment and rehabilitation services; WE FURTHER MOVE that the City Manager work in partnership with the Hamilton County Administrator and the Hamilton County Sheriff's Office to develop an operating plan and budget for the County to run this facility; WE FURTHER MOVE that the City Manager work in partnership with the Hamilton County Administrator to develop an agreed-upon financing plan that matches the need to get the interim jail immediately constructed and operational with the County's long-term use plan in its justice system, and the City Manager report the financing plan back to City Council for its approval; WE FURTHER MOVE that no construction of this temporary facility shall commence, nor shall any capital construction dollars be advanced, in the absence of Hamilton County Commissioners having first approved a comprehensive Corrections and Rehabilitation plan for the housing and treatment of prisoners and second, the Board of County Commissioners having secured all necessary financing or funding streams required to cover the total cost of the program; WE FURTHER MOVE that the plans for said facility be completed by May 15, 2007 so that financing can be in place and work underway by June 1, 2007; WE FURTHER MOVE that the facility be made operational as early as 12 months and no later than 18 months after City Council's approval of the financing plan. (STATEMENT ATTACHED)Item Status/Referral/Recommendations:
MOTION, dated 1/24/2007, submitted by Councilmembers Bortz, Thomas, Berding, Crowley, Cranley, Monzel, Cole, Ghiz and Vice Mayor Tarbell, that the City Administration prepare an ordinance repealing Ordinance 389-2006 which authorized the City Manager to apply a service charge in the amount of $3.75 per service hour for Cincinnati Police Officer's off duty detail services.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 |
COMMUNICATION, dated 12/26/2006 submitted by Councilmember Crowley, from Christine M. Hicks, 3031 Westbrook Drive, Cincinnati, Ohio 45238-2415, regarding Federal Government Guidelines/Administrative Regulation No. 38 Law Department's Refusal to Honor.Item Status/Referral/Recommendations:
ORDINANCE, submitted by Milton Dohoney, Jr., City Manager, on 1/24/2007, modifying the provisions of the Cincinnati Municipal Code, Chapter 407 by amending Section 407-53, Taximeter Fare, Distance Traveled in Service, Waiting Time, to provide for certain fare increases.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY), submitted by Milton Dohoney, Jr., City Manager, on 1/24/2007, amending Section 515-4 of the Cincinnati Municipal Code, "Parking ticket, service and liability," for the purpose of implementing changes necessitated by the impending use of hand-held electronic parking citation equipment.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/24/2007, approving and authorizing the execution of a Community Reinvestment Area Tax Exemption Agreement with RD America, Inc., a Delware corporation, thereby authorizing a real property tax exemption for a period of 15 years, equal to 100% of the amount by which the improvements increase the assessed value of the project property, in connection with the construction of a wholesale cash and carry distribution center on property located at 4501 West Mitchell Avenue, at an estimated aggregate cost of $4,900,000 in the Winton Place community of the City of Cincinnati Reinvestment Area.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/24/2007, authorizing the City Manager to enter into a lease with T-Mobile Central LLC to co-locate nine antennas on the Wardall Tower and for property at the Wardall Tower site, which property is not needed for any municipal purpose during the term of the lease.Item Status/Referral/Recommendations:
REPORT, dated 1/24/2007, 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 Elramal Trad, Inc. DBA Sam's Carryout, 4908 Whetsel Avenue, 1st Floor. (#24957230010, New, C2) [Objections: City of Cincinnati Police Department, District Two, Department of Buildings and Inspections, and the Madisonville Community Council]Item Status/Referral/Recommendations:
REPORT, dated 1/24/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended December 31, 2006. (REPORT ON FILE IN CLERK'S OFFICE)Item Status/Referral/Recommendations:
REPORT, dated 1/24/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 1/18/2007, submitted by Councilmembers Cole, Bortz, Ghiz, Monzel and Berding, that the Administration take the necessary steps to sign the 2007 NSP contract with Invest in Neighborhoods and report back to Council in one week on potential funding sources for $45,000 to increase the administrative budget for Invest in Neighborhoods. WE FURTHER MOVE that this contract be retroactive to the beginning of January 2007. (SEE DOCUMENT #200700079 FOR ADOPTED MOTION)Item Status/Referral/Recommendations:
REPORT, dated 1/24/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance 2006 Year End Close Report.Item Status/Referral/Recommendations:
RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 1/24/2007, declaring the intent to appropriate to public use property required for the improvement of Columbia Parkway from Kemper Lane to Delta Avenue.Item Status/Referral/Recommendations:
RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 1/24/2007, declaring the necessity of assessing for various types of special street lighting for three years, beginning August 1, 2006 and ending on July 31, 2009, on numerous streets within the City of Cincinnati.Item Status/Referral/Recommendations:
COMMUNICATION, dated 1/17/2007, submitted by the Clerk of Council, from Rae Ann Estep, Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding New Permit Application, Permit #0683889, Class C-1, BHI Food, Inc., 913 Sycamore Street, Cincinnati, Ohio 45202.Item Status/Referral/Recommendations:
COMMUNICATION, dated 1/17/2007 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 #3236768-0010, Class C-1-2, Goco, Inc. dba Liberty Shell, 30 East Liberty, Cincinnati, Ohio 45202. Hearing will be held on February 23, 2007 at 10:00 a.m. Meeting Room B, City Hall.Item Status/Referral/Recommendations:
COMMUNICATION, dated 1/17/2007, 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 #2293379, Class D-5-6, Downtown Oasis, Inc., 11 East 7th Street, 1st Floor, Cincinnati, Ohio 45202. Hearing will be held February 23, 2007 at 11:00 a.m. in Meeting Room B, City Hall.Item Status/Referral/Recommendations:
COMMUNICATION, dated 1/17/2007, 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 #6548587, Class C-1-2, 118 West 15th, Inc. dba Downtown Grocery, 118 West 15th Street, 1st Floor, Cincinnati, Ohio 45210. Hearing will be held February 23, 2007 at 1:30 p.m. in Meeting Room B, City Hall.Item Status/Referral/Recommendations:
REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Richard H. Finan, Attorney, 11137 Main Street, Cincinnati, Ohio 45241.Item Status/Referral/Recommendations:
REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Amy P. Minardo, Policy and Legislative Analyst, Cincinnati USA Regional Chamber, 441 Vine Street, Suite 300, Cincinnati, Ohio 45202.Item Status/Referral/Recommendations:
REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Stanley J. Aronoff, Consultant/Lobbyist, President & CEO Aronoff & Associates, 425 Walnut Street, Suite 2200, Cincinnati, Ohio 45202.Item Status/Referral/Recommendations:
MOTION, dated 1/10/2007, submitted by Councilmembers Berding, Cole, Bortz, Monzel and Ghiz that the Administration submit quarterly updates of the Quality of Life Index to the Rules and Government Operations Committee. (STATEMENT ATTACHED)Item Status/Referral/Recommendations:
MOTION, dated 01/18/07 by Councilmember Berding, that the following change be made to the Rules of Council: Section 2.7 Public Comments at Committee Meetings (c) all persons who wish to speak before a committee of council must complete a speaker card and file it with the clerk. Speaker cards must be completed with the speaker's name, organization and subject, and submitted along with any material or information to be distributed. On the face of each completed speaker card, the clerk shall indicate the time of receipt and the order in which speaker cards are received.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 01/22/07, submitted by Councilmembers Berding and Cole, that Councilmember Y. Laketa Cole be appointed to the Finance Committee.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 Milton Dohoney, Jr., City Manager, on 1/18/2007, amending Section 308-9 of the Cincinnati Municipal Code, "Holidays for City Employees", to provide that the City Manager shall have final discretion with regard to the awarding of any special holidays to non-represented City employees, which is consistent with the manner in which special holidays may be awarded to City employees who are covered by the terms of a collective bargaining agreement.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 |