PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday May 02, 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:


MAYOR MALLORY

Item #: 200700545
APPOINTMENT, submitted by Mayor Mark Mallory, recommending the appointment of Michelle Story-Stewart to serve as the Chair of the Community Reinvestment Act Oversight Committee. Ms. Story-Stewart is currently a member of the Commission but will fill the position of Chair, which was vacated when Mary Anne Berry resigned as Chair. Ms. Story-Stewart will serve out her term, which will end on May 1, 2008.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR ONE WEEK


Item #: 200700546
APPOINTMENT, dated 4/30/2007 submitted by Mayor Mark Mallory, pursuant to the authority granted by Article 13, Section 4 of the Charter of the City of Cincinnati, I hereby appoint David Nufrio to the Cincinnati Elections Commission with said term to expire on April 30, 2010. Mr. Nufrio will serve as a designated non-affiliated representative for the Commission and will fill the vacant seat of Alice Rogers Uhl whose term expired in November 2005.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR ONE WEEK


Item #: 200700547
APPOINTMENT, dated 4/30/2007 submitted by Mayor Mark Mallory, pursuant to the authority granted by Article 13, Section 4 of the Charter of the City of Cincinnati, I hereby appoint Bernice Walker to the Cincinnati Elections Commission with said term to expire on April 30, 2010. Ms. Walker will serve as the designated representative for the Democratic Party and will fill the vacant seat of Shirley Frazier Evans whose term expired May 2006.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR ONE WEEK


Item #: 200700553
APPOINTMENT, dated 5/1/2007 submitted by Mayor Mark Mallory, pursuant to the authority granted me by Ordinance No. 300-1002 and subject to consent of Council, I hereby recommend the appointment of Mr. David Ginsburg to the Cincinnati Arts Association. Mr. Ginsburg will serve a term of 3 years set to expire on May 1, 2010.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR ONE WEEK


Item #: 200700554
APPOINTMENT, dated 5/1/2007 submitted by Mayor Mark Mallory, pursuant to the authority granted me by Ordinance No. 300-1002 and subject to consent of Council, I hereby recommend the appointment of Ms. Marcelina Robledo to the Cincinnati Arts Association. Ms. Robledo will serve a term of 3 years set to expire on May 1, 2010.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ONE WEEK ON CALENDAR


Item #: 200700555
APPOINTMENT, dated 5/1/2007 submitted by Mayor Mark Mallory, pursuant to the authority granted me by Ordinance No. 300-1002 and subject to consent of Council, I hereby recommend the appointment of Ms. Susie Lame to the Cincinnati Arts Association. Ms. Lame will serve a term of 3 years set to expire on May 1, 2010.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR ONE WEEK


Item #: 200700556
APPOINTMENT, dated 5/2/2007, submitted by Mayor Mark Mallory, pursuant to Amended Article II, Section 15 of the Administrative Code, I hereby recommend the appointment of Carol Sigman to the Operational Audit Committee. Ms. Sigman will complete the four-year term of Alton Knight's term, which began on July 1, 2006 and set to expire on June 30, 2008. Ms. Sigman is Director of Systems and Business Operations Audit with Health Alliance. She has over 15 years of internal auditing experience and has served as Audit Manager and Assistant Controller for Federal Home Loan Mortgage Corporation while residing in McLean, Virginia. She is a Certified Information Systems Auditor (CISA) and a licensed CPA with the State of Ohio.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR ONE WEEK


Item #: 200700552
REAPPOINTMENT, dated 5/1/2007 submitted by Mayor Mark Mallory, recommending the re-appointment of Mr. Darrick Dansby to the Cincinnati Arts Association. Mr. Dansby will serve his three-year term as an Association member. His term will expire on May 1, 2010.
Item Status/Referral/Recommendations:
HELD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ON CALENDAR ONE WEEK

MR. BERDING
MS. GHIZ
MR. CROWLEY

Item #: 200700543
MOTION, 4/30/2007 submitted by Councilmembers Berding, Ghiz and Crowley that the Administration provide Council with an alternative to eliminating one Inspector 1 position from the Department of Building and Inspections Existing Building Inspection Division. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***

MR. CRANLEY

Item #: 200700557
RESOLUTION, dated 5/2/2007 submitted by Councilmember Cranley, declaring the official intent of Council with respect to reimbursement of temporary advancements for capital expenditures for construction, acquisition and installation of a parking garage to be located on Eden Park Drive to be made from subsequent borrowings in a maximum principal amount not to exceed $19,950,000.00.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***

MR. CROWLEY

Item #: 200700544
REPORT, submitted by Councilmember Crowley, regarding March, 2007 Cincinnati Scenic View Study - Final Report. (Copy on file in the Clerk's Office)
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***

CITY MANAGER

Item #: 200700529
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, repealing Cincinnati Municipal Code provisions Chapter 753, Prostitution - Exclusion Zones, Chapter 755, Drugs - Exclusion Zones, and Chapter 757, City Park - Exclusion Zones, due to court rulings by the Ohio Supreme Court and the Sixth Circuit Court of Appeals declaring such exclusion zones unconstitutional.
Item Status/Referral/Recommendations:
LAW & PUBLIC SAFETY COMMITTEE
***


Item #: 200700531
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/02/2007, authorizing the City Manager to enter into an agreement of lease with Signature Engines, Inc. for Lunken Airport Lease Area 24 containing Hangar 6.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION;FINANCE COMMITTEE
***


Item #: 200700532
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, authorizing the City Manager to enter into agreements of lease with E.J. Aircraft, Inc. for Lunken Airport Lease Areas 29 (containing Hangar 1) and 11.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION;FINANCE COMMITTEE
***


Item #: 200700534
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, authorizing the City Manager to enter into an agreement to transfer ownership of fifteen Pelco Spectrum III cameras, currently owned by the City of Cincinnati and previously used in the CityWatcher.com project, to the Walnut Hills Area Council.
Item Status/Referral/Recommendations:
LAW & PUBLIC SAFETY COMMITTEE
***


Item #: 200700535
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, authorizing the City Manager to enter into an agreement with the Board of County Commissioners of Hamilton County, Ohio on behalf of its Hamilton County Engineers, with respect to reimbursing the City for costs to rehabilitate portions of Muddy Creek Road, located outside of the City.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700538
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, authorizing the City Manager to execute any necessary and appropriate documents to extend a conditional loan, in the amount of Three Hundred Thousand and 00/100 Dollars ($300,000.00) to Price Hill Will, an Ohio non-profit corporation, to assist in providing financing for the acquisition and rehabilitation of up to four (4) residential real properties into owner-occupied housing within the Cedar Grove area of the Price Hill community in Cincinnati, Ohio.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700540
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, authorizing the City Manager to apply for and accept a Marine Patrol grant in the amount of $5,536.00 from the Ohio Department of Natural Resources, Division of Watercraft, for the purpose of conducting marine patrols to lower the number of boating accidents and fatalities, and to enhance the recreational opportunities for boaters.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700541
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, approving and authorizing execution of a "Property Investment Reimbursement Agreement" with Humana Insurance Company (the "Employer") in which the Employer agrees to lease a newly constructed facility which will serve as a regional market sales office and regional call center at Humana Center, 300 Baldwin Building, 2090 Florence Avenue, Cincinnati, and to create and retain new jobs, and the City agrees to provide funding for the project of up to $802,948 over a 5 year period with annual payments limited to up to 75 percent of new income tax revenues from new job created by the Employer.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700530
REPORT, dated 5/2/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Memorandum of Agreement (MOA) compliance. (SEE DOCUMENT #200700438 FOR ADOPTED MOTION)
Item Status/Referral/Recommendations:
LAW & PUBLIC SAFETY COMMITTEE
***


Item #: 200700533
REPORT, dated 5/02/2007, 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 Marbel Hill LTD DBA Marbel Hill Chocolatier, 1989 Madison Road. (#5517723, New, C2) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700536
RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, urging the Ohio Housing Finance Agency to approve Over-the-Rhine Community Housing's application for Low Income Housing Tax Credits to preserve and renovate sixteen (16) buildings in the historic district of the Over-the-Rhine neighborhood of the City of Cincinnati, in order to provide upgraded, affordable housing for low-income individuals ("North Rhine Project").
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***

CLERK OF COUNCIL

Item #: 200700542
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Bernadine Franklin, Finance Manager.
Item Status/Referral/Recommendations:
FILE
*** FILED

VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.

Item #: 200700344
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 3/28/2007, modifying the provisions of Chapter 321, Procurement and Disposal of Supplies, Services and Construction, of the Cincinnati Municipal Code by amending Section 321-47.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0165-2007
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y


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:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED


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:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED


Item #: 200700311
REPORT, dated 4/18/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 2/23/2007, submitted by Councilmember Cole, from Grace White, 2268 Baltimore Avenue, Cincinnati, Ohio 45225, regarding no water service.
Item Status/Referral/Recommendations:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED


Item #: 200700329
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:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED


Item #: 200700508
REPORT, dated 5/1/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the NBDSF funding requests.
Item Status/Referral/Recommendations:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED


Item #: 200700549
RESOLUTION, submitted by Councilmember Cole, from J. Rita McNeil, City Solicitor, objecting to the renewal by the Ohio Department of Liquor Control of the D1, D2, D3, D3A, and D6 liquor permit number 6707286-0001, by Parktown Cafe, Inc. d.b.a Parktown Cafe, 1726 Linn Street, Cincinnati, Ohio 45214; REPEALING Resolution No. 0030-2007, passed by City Council on April 18, 2007.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0041-2007
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y


Item #: 200700551
RESOLUTION, submitted by Councilmember Cole, from J. Rita McNeil, City Solicitor, expressing City Council's support for and urging the Ohio General Assembly to pass Senate Bill No. 102 introduced by State Senator Robert Schuler, creating an F-8 liquor permit to be issued annually to certain nonprofit organizations to allow the sale of beer and intoxicating liquor at specific events on a public space that the organization manages.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0042-2007
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y