PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday April 04, 2007

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. 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:


MR.TARBELL

Item #: 200700409
ORDINANCE, (EMERGENCY) submitted by Vice Mayor Tarbell, DIRECTING the City Manager to enter into a funding agreement with Otis W. Taylor or Kaufman Building LLC, for the purpose of providing a forgivable loan in the amount of $450,000.00 to finance the stabilization of the Kaufman Building, located at 1721-27 Vine Street in the Over-The-Rhine neighborhood, by installing new sub-flooring and stairs throughout the structure and restoring the cosmetics and cornices to the building's original design at a cost not to exceed $450,000.00; and REPEALING Ordinance No. 306-2006, passed by City Council on October 25, 2006.
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***

MR. BORTZ
MS. GHIZ
MR. BERDING

Item #: 200700407
MOTION, dated 4/2/2007 submitted by Councilmembers Bortz, Ghiz and Berding that appropriate notice be sent to Bench Billboard Co. on the 722 advertising benches previously authorized under Ordinance 187-1996, informing the company that the benches are no longer authorized and must be removed immediately. WE FURTHER MOVE that appropriate notice be given to revoke the permits of the remaining advertising benches currently authorized under CMC Section 723-20.
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***

MS. COLE

Item #: 200700408
COMMUNICATION, submitted by Councilmember Cole, from Patricia Milton, President, Avondale Community Council, 3520 Burnet Avenue, Cincinnati, Ohio 45229 regarding CR#14-2007-Aerial Easement Across Burnet Avenue South of Kasota Street.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***


Item #: 200700412
RESOLUTION, submitted by Councilmember Cole, CELEBRATING THE LIFE of Reverend Alonzo Victor Brown, who passed away April 2, 2007, and expressing City Council's condolences to his family and to the community.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0018-2007
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


Item #: 200700413
RESOLUTION, submitted by Councilmember Cole, REVISING City of Cincinnati Resolution No. 25-2006, by which the City of Cincinnati endorsed the creation of the Banks Working Group in conjunction with the Board of Commissioners of Hamilton County, Ohio, and further adopting certain Rules of Governance for the Banks Working Group.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0019-2007
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

MR. CRANLEY
MR. THOMAS
MR. CROWLEY
MR. BERDING
MR. MONZEL
MS. COLE
MS. GHIZ
MR.TARBELL

Item #: 200700410
MOTION, dated 3/21/2007 submitted by Councilmembers Cranley, Thomas, Crowley, Berding, Monzel, Cole, Ghiz and Vice Mayor Tarbell that the City of Cincinnati partner with the efforts of Bootsy Collins and Jeff Ruby to establish a new restaurant, live music venue, Cincinnati music museum and destination spot to bring people together in downtown Cincinnati; WE FURTHER MOVE that the Administration collaborate with the Bootsy Ruby architects and designers to fully realize the excitement of their vision, which includes an extended outdoor balcony, glass elevator, and museum exhibit across the street from the Aronoff Center in the Backstage Entertainment District.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***

MS. GHIZ
MR. BERDING
MR. BORTZ
MR. MONZEL
MS. COLE
MR. CRANLEY
MR. CROWLEY
MR. THOMAS
MR.TARBELL

Item #: 200700415
MOTION, dated 3/30/2007 submitted by Councilmembers Ghiz, Berding, Bortz, Monzel, Cole, Cranley, Crowley, Thomas and Vice Mayor Tarbell, that the Administration draft an Ordinance allocating $20,000 to the Hillside Trust for the preservation of 4 acres of greenspace and wetlands in Mt. Washington; WE FURTHER MOVE that, consistent with motion #200700247, the increased revenue in the Stormwater Maintenance Utility Fund 107 be made available for this purpose. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ADOPTED
*** ADOPTED
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

MR. THOMAS

Item #: 200700414
MOTION, dated 4/3/2007 submitted by Councilmember Thomas, that the Council of the City of Cincinnati take under immediate consideration for approval, the proposed contract negotiated between the City and the University of Cincinnati implementing the Cincinnati Initiative to Reduce Violence (CIRV) program. The CIRV program contract is attached hereto for Council's approval. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ADOPTED
*** ADOPTED
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

CITY MANAGER

Item #: 200700385
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the City Manager to enter into an agreement on behalf of the Greater Cincinnati Water Works (GCWW) with the American Water Works Research Foundation (AwwaRF), for the purpose of co-funding a collaborative research project known as "AwwaRF-KIWA Project #4040, Control of Trace Organics by Ultraviolet - Hydrogen Peroxide Oxidation."
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700386
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing and directing the City Manager to establish terms and conditions for the presentation of "A Taste of Cincinnati" celebration by the Cincinnati USA Regional Chamber of Commerce and the Greater Cincinnati Restaurant Association on Fountain Square, Government Square, Fifth Street from Elm Street to Broadway, Race Street from Fourth Street to Sixth Street, Vine Street from Fourth Street to Sixth Street, Walnut Street from Fourth Street to Sixth Street, Main Street from Fourth Street to Sixth Street, and Sycamore Street from Fourth Street to Sixth Street beginning at 6:00 P.M. on Friday, May 25, 2007, and ending at 6:00 A.M on Tuesday, May 29, 2007; authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of "A Taste of Cincinnati," notwithstanding the provisions of Chapter 713, Chapter 723 Sections 1 and 11, Chapter 839, Chapter 845, Section 506-91, Chapter 321 and other purchasing related ordinances and any other provisions of the Cincinnati Municipal Code which would prohibit programs deemed proper by the City Manager in the presentation of "A Taste of Cincinnati;" approving the use of the above described area for the sale and consumption of beer and wine subject to the issuance of the proper licenses by the State of Ohio and procurement of liquor liability insurance; prohibiting the solicitation of monies; prohibiting the sale of wares by peddlers and itinerant vendors, and the distribution of commercial handbills, coupons, product samples, except by persons associated with and as authorized by the Cincinnati USA Regional Chamber of Commerce and the Greater Cincinnati Restaurant Association in the area bounded by the north curb line of Fourth Street from Elm Street to Broadway, the south curb line of Sixth Street from Elm Street to Broadway, the east curb line of Broadway from Fourth Street to Sixth Street, and the east curb line of Elm Street from Fourth Street to Sixth Street for the period of time beginning at 11:00 A.M., May 26, 2007, through 10:00 P.M., May 28, 2007.
Item Status/Referral/Recommendations:
LAW & PUBLIC SAFETY COMMITTEE
***


Item #: 200700389
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the Cincinnati Police Department to accept a cash donation from the Toyota Corporation in a maximum amount of $5,000.00 for the purpose of providing funds to purchase a police canine and necessary equipment.
Item Status/Referral/Recommendations:
LAW & PUBLIC SAFETY COMMITTEE
***


Item #: 200700390
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the Cincinnati Police Department to accept a cash donation from Pet Panache in a maximum amount of $4,500.00 for the purpose of providing funds to purchase a police canine and necessary equipment.
Item Status/Referral/Recommendations:
LAW & PUBLIC SAFETY COMMITTEE
***


Item #: 200700391
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the City Manager to approve and execute a Tentative Agreement on wages between the City of Cincinnati and the Cincinnati Organized and Dedicated Employees ("CODE"), the costs of which are included in the City's 2007 approved budget.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700392
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, providing for the issurance, sale and delivery of not to exceed $2,500,000 of Economic Development bonds (East Walnut Hills Streetscape Project) or notes in anticipation thereof, of the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of financing certain improvements; authorizing a pledge of the City's faith and credit or a pledge of and lien on certain revenues and other city resources, as appropriate, to secure such bonds or notes; and authorizing necessary documents to secure such bonds or notes.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700393
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, providing for the issurance, sale and delivery of not to exceed $2,000,000 of Economic Development bonds (Riverside Drive) or notes in anticipation thereof, of the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of financing certain improvements; authorizing a pledge of the City's faith and credit or a pledge of and lien on certain revenues and other city resources, as appropriate, to secure such bonds or notes; and authorizing necessary documents to secure such bonds or notes.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700394
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, providing for the issuance, sale and delivery of not to exceed $35,000,000 of water system refunding revenue bonds, series 2007C, 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 seventh supplemental trust agreement; authorizing necessary documents to secure such bonds; and declaring an emergency.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700395
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, providing for the issuance, sale and delivery of not to exceed $100,000,000 of water system revenue bonds, series 2007B, of the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of financing certain improvements; authorizing a pledge of and lien on water system revenues to secure such bonds and obligations issued on a parity therewith; authorizing a sixth supplemental trust agreement; authorizing necessary documents to secure such bonds; and declaring an emergency.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700396
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the City Manager to execute the First Amendment to Agreement for the Grant of City Funds and for the Sale of Land for Public and Private Redevelopment with 353 West Fourth LLC.
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***


Item #: 200700397
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the City Manager to execute a loan agreement with 353 West Fourth Street LLC in the amount of $450,000.00 in order to assist in the creation of condominium housing units at the southeast corner of Central Avenue and Fourth Street.
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***


Item #: 200700398
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the City Manager to enter into an agreement of lease with The Kroger Co. for the Lunken Airport Lease Area 46.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION
***


Item #: 200700233
REPORT, dated 4/4/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 2/23/07, submitted by Councilmember Thomas, that the City Administration explore the feasibility of providing body armor for the Citizens on Patrol.
Item Status/Referral/Recommendations:
LAW & PUBLIC SAFETY COMMITTEE
***


Item #: 200700282
REPORT, dated 4/4/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 03/06/2007, submitted by Councilmember Cole, from Dan Boller, President East Price Hill Improvement Association, regarding the proposed new Kroger store in East Price Hill.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***


Item #: 200700283
REPORT, dated 4/4/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 03/06/2007, submitted by Councilmember Cole, from Mary Croft, Chairman of the Housing and Development Committee of the East Price Hill Improvement Association regarding the redevelopment and building of the new Kroger store in Price Hill.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***


Item #: 200700388
REPORT, dated 4/4/2007, 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 Henbrook, Inc DBA Price Avenue Market, 3028 Price Av. 1st Fl. (#3755260, Transfer of Ownership, C1, C2, D6) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED

CITY PLANNING COMMISSION

Item #: 200700399
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE certain property located along Colerain Avenue and Kipling Avenue in the Mt. Airy neighborhood from the CC-A, Commercial Community-Auto-oriented District to the OG, Office General District, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/16/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 24, 2007 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***


Item #: 200700400
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Community Development and Planning, TO REZONE certain property located along Colerain Avenue and Blue Rock Road in the Mt. Airy neighborhood from the CC-A, Commercial Community-Auto-oriented District to the CN-M, Commercial Neighborhood-Mixed District, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/16/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 24, 2007, 12:00 P.M.)
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***

CLERK OF COUNCIL

Item #: 200700403
COMMUNICATION, dated 3/28/2007 from the Clerk of Council from Dominic A. Panzera, Jr., Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding New Permit Application, Permit #0919970, Class C-1-2, BRA NU Enterprises, LLC, dba Pleasant Ridge Marathon, 5567 Montgomery Road, Cincinnati, Ohio 45212. Hearing will be held on April 20, 2007 at 10:30 a.m. Room B.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700404
COMMUNICATION, dated 3/28/2007, submitted by the Clerk of Council, from Dominic A. Panzera, Jr., Attorney, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding New Permit Application, Permit #0951157, Class C-2, Brick City Market, Inc. dba Pit Stop, 3411 Glenway Avenue, Cincinnati, Ohio 45205.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700405
COMMUNICATION, dated 3/22/2007, submitted by the Clerk of Council, from James P. Bally, Attorney, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding 2006-2007 Renewal Application, Permit #2655503-0025, Class D-5-6, Fatcats, Inc. dba Phoenix Cafe, 641 Walnut Street, 1st and 2nd Floors and Basement, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700406
COMMUNICATION, dated 3/27/2007 submitted by the Clerk of Council, from James P. Bally, Attorney, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding New Permit Application, Permit #7528323-0005, Class C-1, Roselawn Express, Inc., 3515 Burnet Avenue, Cincinnati, Ohio 45229.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700401
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Michael L. Cervay, Director, Community Development and Planning.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700402
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Leslie E. Ghiz, Councilmember.
Item Status/Referral/Recommendations:
FILE
*** FILED