PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday May 16, 2007

Council convened in Council Chamber at 6:00 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
FINANCE COMMITTEE

Item #: 200700569
ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, PROVIDING for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio, in the principal amount of $27,465,000 for the purpose of street improvements, and declaring an emergency; and REPEALING Ordinance No. 72-2007.
Item Status/Referral/Recommendations:
SECOND READING
*** HELD ON CALENDAR FOR THIRD READING


Item #: 200700570
ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, PROVIDING for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $7,650,000, for the purpose of public building improvements, and declaring an emergency; and REPEALING Ordinance No. 73-2007.
Item Status/Referral/Recommendations:
SECOND READING
*** HELD ON CALENDAR FOR THIRD READING


Item #: 200700571
ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, PROVIDING for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $5,440,000 for the purpose of making equipment improvements, and declaring an emergency; and REPEALING Ordinance No. 74-2007.
Item Status/Referral/Recommendations:
SECOND READING
*** HELD ON CALENDAR FOR THIRD READING


Item #: 200700572
ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, CONSOLIDATING bond issues of the City of Cincinnati, Ohio for purposes of providing for the issuance, sale, and delivery of an amount not to exceed $52,000,000 of various purpose general obligation bonds, authorizing distribution of an official statement, and authorizing book-entry-only bond delivery in connection therewith.
Item Status/Referral/Recommendations:
SECOND READING
*** HELD ON CALENDAR FOR THIRD READING


Item #: 200700573
ORDINANCE, (EMERGENCY) dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, AUTHORIZING the transfer and return to source of the sum of $1,400,000.00 from various capital improvement project accounts, and further authorizing the appropriation of the sum of $1,400,000.00 to various capital improvement project accounts as listed in the attached Schedule of Transfer, for the purpose of complying with City Council's directive to identify resources in existing capital improvement project accounts that are available for reprogramming to increase funding for arts facilities.
Item Status/Referral/Recommendations:
SECOND READING
*** HELD ON CALENDAR FOR THIRD READING


Item #: 200700574
ORDINANCE, (EMERGENCY) dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, AUTHORIZING the transfer and appropriation of the sum of $2,400,000.00 from the Public Building Improvement Bond Fund to various capital improvement project accounts as listed in the attached Schedule of Transfer, for the purpose of complying with City Council's directive to identify resources in existing capital improvement project accounts that are available for reprogramming to increase funding for arts facilities
Item Status/Referral/Recommendations:
SECOND READING
*** HELD ON CALENDAR FOR THIRD READING

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

Item #: 200700621
MOTION, dated 5/7/2007, submitted by Mayor Mallory, Councilmembers Crowley, Thomas, Berding, Cole, Ghiz, Monzel, Bortz, Cranley and Vice Mayor Tarbell, that the administration allocate $106,350 to the Park Board for its 2007 Green Leaf Summer Jobs program. We Further Move that the administration allocate $120,000 to Artworks for its "Muralworks" summer jobs program. We Further Move that the administration allocate $194,000 to the Cincinnati Recreation Commission. This funding should be allocated towards three programs: $71,300 for its "Recreation Employment Corps" summer job programs, $95,000 for its "Green Team" summer jobs program, and $28,600 for its "Junior Counselor" summer jobs program. We Further Move that the funds for those programs be drawn from the 2007 consolidated plan budget reconciliation and the CDBG youth employment and development funds. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ADOPTED
*** ADOPTED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y

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

Item #: 200700623
MOTION, dated 5/16/2007 submitted by Vice Mayor Tarbell, Councilmembers Crowley, Monzel, Thomas, Cranley and Cole that the administration develop an administrative process that will be used to make recommendations to Council for the distribution of future small arts capital grants. This process should be submitted to Council for approval by the August 2007 Council meeting.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***

MS. COLE

Item #: 200700607
COMMUNICATION, dated 5/6/2007 submitted by Councilmember Cole, from Marquerite Katchen, 2801 Parkwalk Drive, Cincinnati, Ohio 45239, regarding the size of the deer population in Cincinnati and the West Side of Hamilton County.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***

MS. GHIZ

Item #: 200700608
COMMUNICATION, dated 4/20/2007, submitted by Councilmember Ghiz, from Beth Greiner, 4037 Palos Street, Cincinnati, Ohio 45205, regarding Friday Nights @ Rapid Run Park.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;LAW & PUBLIC SAFETY COMMITTEE
***

MR. MONZEL

Item #: 200700609
MOTION, dated 4/8/2007 submitted by Councilmember Monzel, that the City of Cincinnati rollback the 2008 General Fund Millage to a level that will continue to generate $28,988,000 in annual property tax collections. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***

CITY MANAGER

Item #: 200700588
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, 05/16/2007, authorizing the transfer and appropriation of the sum of $2,000,000 from Urban Renewal Tax Increment Bond Fund 852 to capital improvement project account number 980x233x03225, Riverside Drive - Eggleston to Bains '06, and further authorizing the transfer and return to source Street Improvement Bond Fund 826 of the sum of $1,000,000 from capital improvement project account number 980x233x03356; Riverside Drive - Eggleston to Bains '07, and further authorizing the transfer and appropriation of the sum of $1,000,000 from Street Bond Fund 826 to capital improvement project account number 980x233x03225, Riverside Drive - Eggleston to Bains '06, for the purpose of providing funds to continue the street and intersection improvements on Riverside Drive.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700594
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, amending Ordinance No. 413-2002 passed on December 18, 2002, to remove certain real property from the District 3-Downtown/OTR West District Incentive District.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700595
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, authorizing the appropriation of the sum of $200,000 from the unappropriated surplus of the Park Board's Permanent Improvement Fund 752 for the purpose of purchasing small equipment, including mowers and trimmers, to replace equipment that is out of lifecycle.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700598
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, to levy special assessments to pay for a portion of special street lighting, decorative poles, and fixtures 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:
FINANCE COMMITTEE
***


Item #: 200700600
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, authorizing the City Manager to enter into a funding agreement with Art Opportunities, In. (dba "ArtWorks"), an Ohio not-for-profit corporation, for the provision of a CDBG grant of up to One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00) for the purpose of implementing "MuralWorks", a mural creation project by ArtWorks, providing for the creation of no less than six (6) murals, four (4) of which shall be located in low-moderate income Cincinnati neighborhoods.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
*** PASSED EMERGENCY 0183-2007
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200700601
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, authorizing the City Manager to apply for and accept a Fire Prevention and Safety Grant in the amount of $98,400 from the U.S. Department of Homeland Security's Federal Emergency Management Agency to find a Fire Safety House to teach children about fire safety in the home and to establish a Risk Watch Program to teach children about all types of safety hazards.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700602
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, amending the salary for Medical Director in Chapter 307 of the Cincinnati Municipal Code, Division 8, Section 178 of the salary schedule.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700603
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, amending the salary for Pharmacist in Chapter 307 of the Cincinnati Municipal Code, Division 0C, Section 107 of the salary schedule and the salary for Pharmacy Director in Chapter 307 of the Cincinnati Municipal Code, Division 8, Section 223 of the salary schedule.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700604
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, to revise the Classification and Salary Range schedule for certain employment classifications by repealing certain existing sections of Divisions 4 and 9 of Chapter 307 of the Cincinnati Municipal Code and ordaining in their place certain new replacement sections of Divisions 4 and 9 of Chapter 307 of the Cincinnati Municipal Code, to constitute the new Classification and Salary Range Schedule for said classifications and to provide for annual increases in the minimum hourly wage for those employment classifications that are below the state minimum wage.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700605
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, 5/16/2007, authorizing the transfer and appropriation of the sum of $50,000.00 from the unappropriated surplus of Cable Communications Fund 424 to existing account no. 424x090x0000x7200, for the purpose of funding wireless broadband network consultation costs, and further authorizing the transfer and appropriation of the sum of $50,000.00 from the unappropriated surplus of Cable Communications Fund 424 to existing account no. 424x101x0000x7200, for the purpose of funding a professional services contract with the Regional Planning Commission for the Government Cooperation and Efficiency Project ("GCEP"), which will assist the City of Cincinnati and Hamilton County in examining ways to improve service delivery.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700606
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, 5/16/2007, establishing funding for a 2006 Shelter Plus Care Program with four (4) project agencies and further authorizing the City Manager to enter into agreements with the project agencies for the purpose of providing tenant-based rental assistance to homeless/disabled populations in accordance with the provisions of the Department of Housing and Urban Development Shelter Plus Care Program.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700590
REPORT, dated 5/16/2007, 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 Aramark American Food Services LLC DBA Paul Brown Stadium, Club Level 400 W/S Bar 1 & 2, 200 W. Mehring Way & Patio. (#0252624, Transfer of Ownership, D1, D2, D3, D6) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700591
REPORT, dated 5/16/2007, 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 38 East Court LLC DBA Downtown Food Shop, 38 East Court St. 1st Fl & Basement. (#8869460, Transfer of Stock, C1, C2) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700592
REPORT, dated 5/16/2007, 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 Alberts Supermarket, 1234 Vine St. 1st Fl. (#13913750005, Transfer of Ownership, C1, C2, D6) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700596
REPORT, dated 5/16/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Northside Comprehensive Land Use Plan, September 2006. (PLAN ON FILE IN CLERK'S OFFICE)
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***


Item #: 200700599
REPORT, dated 5/16/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the 2007 Neighborhood Business District Improvement Fund.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***


Item #: 200700589
RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, declaring the official intent of City of Cincinnati, Ohio with respect to reimbursement of temporary advancements for capital expenditures for construction, acquisition and installation of a parking garage and revitalization of Evanston Park, all located generally at the intersection of Realistic and Oesper Avenues near the I-71 interchange at Dana Avenue, to be made from subsequent borrowings in a maximum principal amount not to exceed $21,500,000.00
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***

CLERK OF COUNCIL

Item #: 200700610
COMMUNICATION, dated 5/9/2007 submitted by 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 #9726353, Class C-1, WNY of Vine, Inc., dba Vine Company, 5000 Paddock Road, Cincinnati, Ohio 45237. Hearing will be held June 4, 2007, 1:30 p.m. City Hall, Room B.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700611
COMMUNICATION, dated 5/9/2007 submitted by 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 2007-2008 Renewal Application, Permit #2764162, Class D-5-6, Betty Jane Flanigan dba Club Embassey, 3602 Warsaw Avenue, 1st Floor & Basement, Cincinnati, Ohio 45205. Hearing will be held June 4, 2007, 11:00 a.m., City Hall, Room B.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700612
COMMUNICATION, dated 5/7/2007, 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 #6229882, Class C-1, Mumtaz I, Inc., dba Quality Market & Wireless, 3627 McHenry Avenue, Cincinnati, Ohio 45225.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700613
COMMUNICATION, dated 5/4/2007 submitted by the Clerk of Council, from Terry Poole, Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding New Permit Application, Number 0919970, Class C-1-2, BRA NU Enterprises, LLC, dba Pleasant Ridge Marathon, 5567 Montgomery Road, Cincinnati, Ohio 45212.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700614
COMMUNICATION, dated 5/4/2007 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 #6609115, Class D-5, Over the Edge, LLC, dba Over the Edge, 3928 Edwards Road, Cincinnati, Ohio 45209.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700617
REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Timothy G. Mara, Attorney, 312 Walnut Street, Suite 1600, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700615
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Joe Gray, Acting Finance Director.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700616
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Lea Carroll, Budget Director (Interim)
Item Status/Referral/Recommendations:
FILE
*** FILED

ARTS,CULTURE,TOURISM & MARKETING COMMITTEE

Item #: 200700597
MOTION, dated 05/10/2007, submitted by Vice-Mayor Tarbell that the following organizations receive grants from the Capital Arts Fund: American Sign Museum, $25,000, Ballet Tech Cincinnati $10,000, Clifton Cultural Arts Center $50,000, Madisonville Community Arts Center $25,000. We further move that any unused funds be returned to the capital arts fund for future allocation.*(Amended on floor of Council 5/16/2007 see #200700622)
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200700622
MOTION, submitted by Vice Mayor Tarbell and Councilmembers Crowley, Cranley and Thomas that the following organizations receive arts grants from the Capital Arts Fund: American Institute of Architects Cincinnati (Ft. Washington Way Visioning Process) $6,000, CinStages Web Site $2,500, Keep Cincinnati Beautiful $5,000, New Stage Collective $6,000 and Queen City Concert Band $1,500. *(Amended on floor of Council 5/16/2007 see #200700597)
Item Status/Referral/Recommendations:
ADOPTED
*** ADOPTED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL N
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING N


Item #: 200700303
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, authorizing the City Manager to enter into and execute an agreement with the Greater Cincinnati Convention & Visitors Bureau to provide marketing services to attract long-term trade shows, conventions and meetings to the Duke Energy Convention Center.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0181-2007
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y

VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.

Item #: 200700620
MOTION, dated 05/15/2007 submitted by Councilmember Cole that the City Administration report back to Council with an update on the implementation of a vending district designation on Short Vine in the Corryville neighborhood. Also that the Administration take the necessary steps to work with the University Village Association (Short Vine Development) to expedite the implementation of the vending district.
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200700567
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, amending Ordinance No. 119-2007 in order to provide an automatic 100% real property tax exemption, for the maximum number of years allowable by law, of the assessed property value of newly constructed or rehabilitated to Leadership in Energy and Environmental Design ("LEED") Certified, Silver, Gold or Platinum standards, as defined by the U.S. Green Building Council; and, repealing Ordinance No. 274-2006, passed by City Council on September 20, 2006.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0182-2007
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200700155
REPORT, dated 5/9/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 2/5/2007, submitted by Councilmembers Berding, Cole and Ghiz that the Administration report to Council on the feasibility and potential efficiency of utilizing a pre-bid process whereby demolition bids would be solicited for multiple building demolitions by cost per square foot per construction type. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED