Wednesday January 31, 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:
ORDINANCE, (EMERGENCY) submitted by Councilmember Bortz, 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 officers' off-duty detail services.Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
ORDINANCE, (EMERGENCY) submitted by Councilmember Monzel, TO REZONE certain property in the East End neighborhood along the south side of Riverside Drive (formerly known as Eastern Avenue) from PD-17, Planned Development District to PD-46, Planned Development District, amending the zoning map.Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | E |
| MS. COLE | Y |
| MR. CRANLEY | Y |
RESOLUTION, dated 1/31/2007 submitted by Councilmember Thomas, EXPRESSING the support of City Council for the work of the joint jail taskforce created by the City of Cincinnati and Hamilton County, established to monitor ongoing critical jail issues in the region, including the current overcrowding of inmates, adoption of effective sentencing alternatives and provision of adequate mental health services to the jail population.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/31/2007, authorizing the City Manager to enter into an agreement of lease with Brakvill, Inc., for space on the first floor of Lunken Airport Administration Building.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/31/2007, authorizing the transfer and return to source of the sum of $1,233,370 from various existing street improvement project accounts and further AUTHORIZING the transfer and appropriation of the sum of $1,233,370 from various street improvement bond funds to capital improvement project account number 980x233x03225, Riverside Drive-Eggleston to Bains '06, for the purpose of providing funds to meet a required local matach for the Riverside Drive-Eggleston to Bains '06 project.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/31/2007, authorizing the transfer and return to source Fund 870 (Street Improvement), the sum of $149,015.00 capital improvement project account no. 980x233x00210 (Beechmont Avenue Improvements); and further AUTHORIZING the transfer and appropriation of the sum of $149,015.00 from the unappropriated surplus of Fund 870 to capital improvement project account no. 980x233x03215 (Columbia Parkway Access Management '06).Item Status/Referral/Recommendations:
REPORT, dated 1/31/2007, 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 Dancing Wasabi, Inc. DBA (None listed), 1018 Delta Avenue. (#1914857, Transfer of Ownership, D5) [Objections: None]Item Status/Referral/Recommendations:
REPORT, dated 1/31/2007, 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 Hawkstone Associates, Inc. DBA Sidney BP, 5131 Glenway Avenue. (#36788970340, Transfer of Ownership, C1, C2) [Objections: None]Item Status/Referral/Recommendations:
REPORT, dated 1/31/2007, 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 Daqer Enterprises Inc. DBA Avondale Drive Thru, 3016 Reading Road. (#1892656, Transfer of Stock, C1, C2, D6) [Objections: None]Item Status/Referral/Recommendations:
REPORT, dated 1/31/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the reprogramming of capital budget resources for arts facilities and demolition.Item Status/Referral/Recommendations:
REPORT, dated 1/31/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the routine report listing emergency purchases.Item Status/Referral/Recommendations:
COMMUNICATION, dated 1/26/2007, submitted by Councilmember Crowley, from Mary M. Croft, Chairman, Housing & Development Committee, East Price Hill Improvement Association, 562 Davenport Avenue, Cincinnati, Ohio 45204, regarding the Kroger Store at Warsaw & Enright Avenues.Item Status/Referral/Recommendations:
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE, certain property located at 2312-16 Beechmont Avenue in the Mt. Washington neighborhood, from the RM 1.2, Residential Multi-family District, to the CC-P, Commercial Community - Pedestrian District, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 12/15/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON TUESDAY, FEBRUARY 13, 2007 AT 12:00 P.M.)Item Status/Referral/Recommendations:
ORDINANCE, (EMERGENCY) submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE certain property in the East End neighborhood along the south side of Riverside Drive (formerly known as Eastern Avenue) from PD-17, Planned Development District, to ML, Manufacturing Limited, amending the zoning map.(THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 12/15/2006)(PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JANUARY 30, 2007 AT 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
ORDINANCE, (EMERGENCY) submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE certain property in the East End neighborhood along the north side of Riverside Drive (formerly known as Eastern Avenue) from PD-17, Planned Development District, to RM-1.2, Multi-family, amending the zoning map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 12/15/2006)(PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JANUARY 30, 2007, 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
ORDINANCE, (EMERGENCY) submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE certain property in the East End neighborhood along the south side of Riverside Drive (formerly known as Eastern Avenue) from PD-17, Planned Development District, to CN-M, Commercial Neighborhood-Mixed, amending the zoning map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 12/15/2006)(PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JANUARY 30, 2007, 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
ORDINANCE, (EMERGENCY) submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE certain property located east of Madison Road, north of Ibsen Avenue to Alamor Avenue and east of Calvert Street to Ridge Avenue, from a PD Planned Development District to a CG-A, Commercial Community-Auto oriented District in the Oakley neighborhood, amending the Zoning map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 12/1/06)(PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JANUARY 30, 2007, 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
ORDINANCE, (EMERGENCY) submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE certain property located on the south side of Ibsen Avenue, the east side of Ridge Avenue and the west side of Madison Road north of Alamo Avenue from a PD, Planned Development District to a CC-M, Commercial Community - Mixed District in the Oakley neighborhood, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 12/1/2006) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JANUARY 30, 2007, 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
ORDINANCE, (EMERGENCY) submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning TO REZONE certain property located on the north side of Ridge Avenue north of Ibsen Avenue and south of Alamo Avenue from a PD, Planned Development District to a CC-P, Commercial Community - Pedestrian District in the Oakley neighborhood, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 12/1/2006) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JANUARY 30, 2007, 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, RENAMING Eastern Avenue from the intersection with Kellogg Avenue and Delta Avenue westward to the railroad overpass to Riverside Drive. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 11/17/2006) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JANUARY 30, 2007, 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, MODIFYING PD-39, Planned Development District, in accordance with Section 1429-21 (b) of the Cincinnati Municipal Code to include the American Sign Museum, a cultural institution, as a permitted use within PD-39. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 9/1/2006) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JANUARY 30, 2007, 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
ORDINANCE, (EMERGENCY) submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE certain property located at the northwest corner of Alamo Avenue and Calvert Street from a PD, Planned Development District to a CC-P, Commercial Community - Pedestrian District in the Oakley neighborhood, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 12/1/2006) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JANUARY 30, 2007, 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
ORDINANCE, (EMERGENCY) submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE certain property in the East End neighborhood along the south side of Riverside Drive (formerly known as Eastern Avenue) from PD-17, Planned Development District to PD-46, Planned Development District, amending the zoning map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 12/15/2006) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JANUARY 30, 2007, 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | E |
| MS. COLE | Y |
| MR. CRANLEY | Y |
COMMUNICATION, dated 1/22/2007, submitted by Jacqueline Panioto, Clerk, Board of County Commissioners, Room 603, County Administration Building, 138 East Court Street, Cincinnati, Ohio 45202, adopting a resolution creating the Banks Working Group and adopting rules of governance.Item Status/Referral/Recommendations:
REGISTRATION, (UPDATED) submitted by the Clerk of Council from Legislative Agent Louise S. Hughes, Director, Ohio Government & Community Relations, Procter & Gamble, 2 P & G Plaza, TN-2, Cincinnati, Ohio 45202.Item Status/Referral/Recommendations:
REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Erik M, Kirkhorn, Director, Government Relations, Convergys Corporation, 201 East Fourth Street, Cincinnati, Ohio 45202.Item Status/Referral/Recommendations:
REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent William H. Hawkins, II, General Counsel and Secretary, Convergys Corporation, 201 East Fourth Street, Cincinnati, Ohio 45202.Item Status/Referral/Recommendations:
REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent J. Douglas Moormann, Vice President Government Affairs - Cincinnati USA Regional Chamber, 441 Vine Street, Suite 300, Cincinnati, Ohio 45202.Item Status/Referral/Recommendations:
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Gerald Berding, Councilmember.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:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/7/2006, authorizing the payment of Three Thousand Four Hundred Fifty and 00/100 Dollars ($3,450.00) as a moral obligation to Perfect North Slopes for services rendered to the Cincinnati Recreation Commission in association with a winter of 2006 teen skiing program.Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
REPORT, dated 01/18/2007, submitted by Councilmember Cranley, from Milton Dohoney, Jr., City Manager, regarding Human Services Funding Recommendations for 2007 and 2008.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:
RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 1/18/2007, amending Resolution No. 48-2006 to designate specific City personnel to request advances from the Auditor of Hamilton County as required by Section 321.34 of the Ohio Revised Code and 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:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
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:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
RESOLUTION, dated 01/25/2007, from J. Rita McNeil, City Solicitor, expressing Council's intent, in accordance with the 2007 Budget Motion, passed unanimously by Council on December 20, 2006 (Item No. 200601165), not to spend the second $2,000,000 identified by the Finance Department as part of the 2006 positive variance, by rather to use it exclusively to increase the unappropriated surplus of the General fund so that it is available to be used toward the 2008 budget.Item Status/Referral/Recommendations:
MOTION, dated 1/18/2007 submitted by Councilmembers Thomas and Crowley that the City Administration prepare an ordinance that brings the City of Cincinnati back into compliance with Section 2933.43 of the Ohio Revised Code (ORC). (STATEMENT ATTACHED)Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
MOTION, submitted by Councilmember Thomas on 1/26/07, that the City Administration, the Cincinnati Police Department, the Hamilton County Sheriff's Department and County Adminstration begin dialogue regarding extension of Sheriff patrols into Avondale, Bond Hill and Walnut Hills, *Westwood and Price Hill. I further move that the Administration report back in two weeks the results of the discussions. (STATEMENT ATTACHED)*Amended by Law Committee on 1/30/07.Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
MOTION, dated 1/30/07, submitted by Councilmembers Thomas, Berding, Cranley, Tarbell, Ghiz, Monzel, Crowley, Cole and Bortz, that the City Adminstration work with the Cincinnati Initiative to Reduce Violence (CIRV) Committee to begin the process of developing a strategic plan to reduce gun violence in the City of Cincinnati.Item Status/Referral/Recommendations:
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |