Wednesday April 25, 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 Asst. City Manager Scott Stiles Solicitor J. Rita McNeil and Acting Clerk of Council Brenda Williams
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:
MOTION, dated 04/25/2007, submitted by Councilmembers Bortz, Crowley, Cole, Berding, Monzel, and Vice-Mayor Tarbell, that $50,000 be allocated for a professional services contract with the Regional Planning Commission for the Government Cooperation and Efficiency Project ("GCEP") from Source Fund 424 - Communications Fees of which excess revenues exists as a result of another professional service contract that was cancelled. (STATEMENT ATTACHED)Item Status/Referral/Recommendations:
COMMUNICATION, dated 4/17/2007 submitted by Councilmember Crowley, regarding Kennedy Heights request for the establishment of UDP (Urban Design Plan)and UDOD (Urban Design Overlay District).Item Status/Referral/Recommendations:
MOTION, dated 4/24/2007 submitted by Councilmembers Crowley, Thomas, Bortz and Vice Mayor Tarbell that the administration provide Council with a report and a hearing before the appropriate committee detailing the activities of the City Hall Works Initiative.Item Status/Referral/Recommendations:
RESOLUTION, dated 04/25/2007, submitted by Councilmember Thomas, expressing City Council's support for the attached Statement of Unity.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/25/2007, accepting with gratitude the generous gift of a Philips HeartStart FRx Defibrillator (AED) from Philips Medical Systems, Inc., 6155 Huntley Road, Suite H, Columbus, Ohio 43229, for use for by the Cincinnati Police Department at the Cincinnati Police Academy.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/25/2007, determining to proceed for three years beginning August 1, 2006 with special street lighting assessments on the following streets, or portions thereof: Arcadia Place, Auburn Avenue, Backstage Area, Beechmont Avenue, Burnet Avenue, Central Avenue, Chestnut Street, Clark Street, Colerain Avenue, Columbia Parkway, Elizabeth Street, Erie Avenue, Fourteenth Street, Gilbert Avenue, Hamilton Avenue, Hopkins Street, John Street, Kellogg Avenue, Kiplingwood Drive, Hearthstead Drive, Timbercroft Court, Ludlow Avenue, Madison Road, Main Street, McMillian Street, Melindy Street. Montgomery Road, Orchard Street, Pendleton Street, Springhouse Lane, St. Gregory Street, Pavillion Street, Hatch Street, Thirteenth Street, Twelfth Street, Venetian Terrace, Vine Street, Warsaw Avenue, Willowcove Drive, Intern Court, Woodburn Avenue and Woodward Street.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/25/2007, authorizing the City Manager to execute a deed quit-claiming and releasing to Episcopal Retirement Homes, Inc., two easements for sanitary sewers that encumber the Deupree House property in Hyde Park.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/25/2007, authorizing the City Manager to enter into a Lease Agreement with Jason Barney for the Schmidt Boat Ramp Caretaker's Residence, 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 4/25/2007, authorizing the City Manager to enter into a Lease Agreement with Francis Emsicke for the Hille Ball Field Caretaker's Residence, which property is not needed for any municipal purpose during the term of the lease.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/25/2007, authorizing the City Manager to execute a Release of Mortgage whereby the City of Cincinnati will forgive a loan in the amount of $15,000 and release the mortgage given by Ronald and Emma Sue Long (the Mortgagors) on property located at 812 and 814 Poplar Street.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/25/2007, authorizing the transfer and appropriation of the sum of $480,000 from the Reserves for Contingencies account no. 050x990x7200 to the Department of Public Services, Traffic and Road Operations Division, operating account no. 050x252x7300, for the purpose of reimbursing the Highway Maintenance Stores Fund 210 for road salt expenditures for 2007 slippery street operations, and further AUTHORIZING the transfer and appropriation of the sum of $20,000 from the Reserve for Contingencies account no. 050x990x7200 to the Parks Department, Division of Park Operations and Land Management, operating account no. 050x202x7200, for the purpose of reimbursing the Parks Department for a one-time cleanup of Wesleyan Cemetery.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/25/2007, authorizing the transfer and return to source Public Buildings Improvement Bond Fund 861 of the sum of $350,000 from capital improvement project account no. 980x255x03323 (City Facility Renovations '07), and further AUTHORIZING the transfer and appropriation of $350,000 from the unappropriated surplus of Fund 861 to capital improvement project account no. 980x255x03107 (Fire Burn Building) for the purpose of providing resources to construct a new Burn Building for the Cincinnati Fire Department.Item Status/Referral/Recommendations:
REPORT, dated 4/25/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 03/12/2007, submitted by Councilmember Cole, from Stefanie Sunderland, Board Member, Northside Community Council, P.O. Box 23324, Cincinnati, Ohio 45223, regarding Ashtree Drive Road and Infra-structure improvements.Item Status/Referral/Recommendations:
REPORT, dated 4/25/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 02/19/2007, submitted by Councilmember Ghiz, from Richard B. Tranter, Esq., Dinsmore & Shohl, LLP, 255 E. 5th Street, Suite 1900, Cincinnati, Ohio 45202 regarding curbs and resurfacing and storm water on Tweed Ave. from Glenshire extending to Linwood.Item Status/Referral/Recommendations:
REPORT, dated 4/25/2007, submitted by Milton Dohoney, Jr., City Manager, regarding 315-316 Warner Street rezoning.Item Status/Referral/Recommendations:
REPORT, dated 4/25/2007, 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 OTR Holdings Inc DBA (None listed), 1014 Vine Street, Suite 1420 (#6601979, Transfer of Ownership & Location, C1, C2) [Objections None]Item Status/Referral/Recommendations:
REPORT, dated 4/25/2007, 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 Cincinnati LTD DBA (None listed), 241 W. Court St. (#1492545, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: None]Item Status/Referral/Recommendations:
REPORT, dated 4/25/2007, 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 DJ Winton Inc DBA Tree Top Grocery, 866 Gwinnet Drive. (#2215234, Transfer of Ownership, C1, C2) [Objections: None]Item Status/Referral/Recommendations:
REPORT, dated 4/25/2007, 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 Allasandi LLC DBA Glenway Market, 4420 Glenway Av. (#0118845, Transfer of Ownership, C1, C2, D6) [Objections: Cincinnati Police Department and the Price Hill Civic Club]Item Status/Referral/Recommendations:
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 WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 24, 2007 AT 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
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 WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 24, 2007, 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
ORDINANCE, (EMERGENCY) submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning TO REZONE certain property located at 1216 E. McMillan Street, in the East Walnut Hills neighborhood from the OG, Office General District, to the CC-M, Commercial-Community Mixed District, amending the Zone Map; and further repealing Ordinance No. 375-2006. (APPROVED BY THE CITY PLANNING COMMISSION ON 11/3/2006) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 24, 2007 AT 12:00 P.M.)Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Teresa M. Gilligan, Finance Manager.Item Status/Referral/Recommendations:
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Mark T. Ashworth, Internal Audit Manager.Item Status/Referral/Recommendations:
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for John K. Boudinot, Pension Fund Manager.Item Status/Referral/Recommendations:
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Charles F. Haas, Finance Manager.Item Status/Referral/Recommendations:
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Daryl L. Cammerer, Finance Manager.Item Status/Referral/Recommendations:
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Kathleen A. Creager, Finance Manager.Item Status/Referral/Recommendations:
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for James A. Parrott, Director.Item Status/Referral/Recommendations:
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Eileen O. Enabnit, Director.Item Status/Referral/Recommendations:
RESOLUTION, submitted by Councilmember Chris Bortz from J.Rita McNeil, City Solicitor, EXPRESSING City Council's commitment to the success of the Banks project by shifting responsibility for implementation of the Banks Project to the Port Authority following the completion of the transition work of the Banks Working Group pursuant to an agreed-upon Mission Statement, scope, charge, and Rules of Governance and Procedure, and revising fund amending the Agreement that created the Port of Greater Cincinnati Development Authority by reducing the size of the Port Authority Board, to appoint Port Authority Members, to extend the jurisdiction of the Port Authority to include all of Hamilton County; and invest all powers in the Port Authority provided by Ohio law Hamilton County; and invest all powers in the Port Authority provided by Ohio law except the power of eminent domain and the authority to levy taxes with voter approval.Item Status/Referral/Recommendations:
| COMMITTEE |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/18/2007, authorizing the transfer and return to source Fund 761, "Special Housing Permanent Improvement," the sum of $450,000.00 from capital improvement program project account no. 980x162x03141, "New Housing Development Program" and further the transfer and appropriation of the sum of $450,000.00 from the unappropriated surplus of Fund 761 to capital improvement program project account no. 980x101x03315, "Downtown Housing Development '07," for the purpose of funding the City's loan agreement with 353 West Fourth Street LLC, for the creation of Parker Flats. (MR. CRANLEY IS EXCUSED FROM VOTING ON THIS ITEM)Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | E |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/18/2007, authorizing the City Manager to apply for and accept a Byrne Justice Assistance Grant in the amount of $40,000.00 from the Office of Criminal Justice Services on behalf of the Mental Health Association of the Cincinnati Area for the purpose of funding the Southwestern Ohio Mental Health Training for the law enforcement community.Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/18/2007, authorizing the City Manager to accept funding in the amount of $200,000 from the Ohio Department of Natural Resources for the purpose of providing funding to pay for improvements to Ault Park, including infrastructure, furnishings, and landscape improvements, and further authorizing the appropriation of $200,000 to newly established capital improvement project account no. 980x203x03379 "Ault Park Improvement".Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/18/2007, authorizing the City Manager to apply for and accept a grant from the United States Department of Justice, Bulletproof Vest Partnership, in the amount of up to $60,000.00, for partial reimbursement of the Cincinnati Police Department's 2007 expenditure for body armor.Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/23/2007, approving and authorizing the execution of a Community Reinvestment Area Tax Exemption Agreement with The Stratford Companies, LLC (the "Agreement"), thereby authorizing real property tax exemption for a period of fifteen years in connection with construction of a continuing care retirement community located at 5395 and 5457 Kenwood Road, Cincinnati Ohio 45227, at an estimated cost of $91,325,600.00 in the City of Cincinnati Community Reinvestment Area and repealing Ordinance No. 81-2007.Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
REPORT, dated 4/18/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 2/20/2007 submitted by Councilmember Crowley, from Roger Giesel, Frank Santorelli and Randy Gardner, Mt. Washington Wetlands Preservation Trustees, 1951 Wilaray Terrace, Cincinnati, Ohio 45230, requesting $20,000.000 to help completed the 4 acre forested wetland in the heart of Mt. Washington.Item Status/Referral/Recommendations:
REPORT, dated 4/23/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended March 31, 2007. (REPORT ON FILE IN CLERK'S OFFICE)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. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/2/2007 & 4/20/2007)Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/11/2007, approving and authorizing the City Manager to execute the Second Amendment to Lease Agreement (the "Agreement") between the City of Cincinnati (hereinafter called "City") and Piatt Park Associates Limited Partnership (hereinafter called "Redeveloper") for restructuring lease payments. (MR. BORTZ IS EXCUSED FROM VOTING ON THIS ITEM)Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | E |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
ORDINANCE (EMERGENCY), submitted by Milton Dohoney, Jr., City Manager, on 4/11/2007, authorizing the members of the Cincinnati Police Department to solicit and accept donations of money, in-kind contributions, and other things of value, for use in providing hospitality and entertainment for the attendees of the 2007 Ohio Association of Chiefs of Police ("OACP") Annual Conference, to be held in Cincinnati from July 31, 2007 through August 2, 2007.Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
RESOLUTION, dated 4/24/07, submitted by Councilmember Monzel, urging the Ohio Department of Rehabilitation and Corrections and the Ohio Parole Board to deny the parole of Roland Reaves at his parole hearing on May 12, 2007.Item Status/Referral/Recommendations:
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | N |
| MS. GHIZ | Y |
| MR. MONZEL | Y |