Wednesday June 13, 2007
Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Bortz, Cranley, Cole, Crowley, Ghiz, Monzel, Tarbell and Thomas (8)
Also in attendance were City Manager Milton Dohoney, Jr., City 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, dated 6/13/2007 submitted by Mayor Mallory, APPROVING and authorizing the execution of a Service Agreement with Cincinnati Encenter Land LLC.Item Status/Referral/Recommendations:
ORDINANCE, (EMERGENCY) dated 6/13/2007 submitted by Mayor Mallory, AUTHORIZING the City Manager to execute a Development Agreement between the City and Cincinnati Encenter Land LLC, for the benefit of a mixed-use office, retail and residential development, to be located at the southeast corner of Madison Road and Red Bank Expressway and to be known as Cincinnati Encenter; creating a TIF account for the deposit of service payments in lieu of taxes; and declaring an emergency.Item Status/Referral/Recommendations:
MOTION, dated 6/11/2007 submitted by Councilmembers Berding, Ghiz and Monzel that the City adopt a policy commencing with the 2008 Budget Update whereby General Fund expenditures do not exceed budgeted revenues. I MOVE that once the City's projected ending minimum combined reserve balance (Fund Balance plus Working Capital Reserve) reaches 10% or greater of projected revenues, that additional prior year resources may be appropriated for one time non-recurring expenditures that will not increase future operating expenditures. I MOVE that the Administration draft the appropriate ordinances to make these policies binding. (STATEMENT ATTACHED)Item Status/Referral/Recommendations:
ORDINANCE, (EMERGENCY) submitted by Councilmember Monzel, NOTWITHSTANDING the provisions of Chapter 1405, Residential Multi-family Districts of the Cincinnati Zoning Code, authorizing the Director of Buildings and Inspections to issue a certificate of occupancy for use of a portion of the structure at 1608 Summit Road as a free eye clinic.Item Status/Referral/Recommendations:
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | A |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
RESOLUTION, dated 6/11/2007 submitted by Councilmember Thomas, SUPPORTING a one-year transition period following the anticipated termination date of the Collaborative Agreement, which would assist in ensuring full compliance of the City's problem-solving and related goals, which transition period would cease on August 5, 2008.Item Status/Referral/Recommendations:
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MR. TARBELL | Y |
| MR. THOMAS | Y |
| MR. BERDING | A |
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, amending Ordinance No. 421-2002, passed on December 18, 2002, to remove certain real property from the District 11-Evanston District Incentive District, and declaring an emergency.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, authorizing the sale of City-owned real property at 2821 Little Dry Run Road, which real property is no longer needed for any municipal purpose, to Anderson Township; and repealing Ordinance No. 351-2006.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, authorizing the transfer of the sum of $58,700 within the General Fund from and to various operating accounts for the purpose of realigning and providing funds for the ongoing needs of City departments.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, authorizing the transfer and appropriation of the sum of $180,000 from the General Fund, 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 providing maintenance costs funding for Wesleyan Cemetery.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, authorizing the transfer and appropriation of $10,858,940.00 from various restricted fund accounts to other restricted fund accounts, as set forth in the attached Schedule of Transfer, for the purpose of realigning and providing funds to allow for the continuation of City services through the end of the year.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, authorizing the transfer of the amount of $150,227.81 from existing Capital project account 980x164x02904 (Over-the-Rhine Arts District Home Buyer Loans) to the unappropriated surplus of source Fund 638; and further AUTHORIZING the transfer of the amount of $75,227.81 from the unappropriated surplus of source Fund 638 to the designated capital project accounts for the purposes detailed in attached Schedule A; and further AUTHORIZING the transfer of $75,000.00 from the unappropriated surplus of source Fund 638 to the unappropriated surplus of the General Fund; and further AUTHORIZING the transfer of $75,000.00 from the unappropriated surplus of the General Fund to the designated operating accounts for the purposes detailed in attached Schedule B; and further AUTHORIZING the City Manager to enter into contracts to implement the nine projects designated in two Council Motions approved on May 16, 2007 (Doc. Nos. 200700597 and 200700622).Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, authorizing the deposit of the amount of $400,000 received from the sale of property located at 5642 Hamilton Avenue to unappropriated surplus of Fund 757, and transferring the amount of $400,000 from the unappropriated surplus of Fund 757 to existing capital improvement project account No. 980x164x03290, Strategic Program for Urban Revitalization '07, for the acquisition of property and for the provision of relocation assistance to existing businesses in the Metro West project site; and further AUTHORIZING the transfer of the amount of $13,657.59 from existing capital project account No. 980x150x02531, Columbia Square Development Phase III, to the unappropriated surplus of Fund 870, and transferring the amount of $13,657.59 from the unappropriated surplus of Fund 870 to existing capital project account No. 980x164x03290, Strategic Program for Urban Revitalization '07, also for the acquisition of property and for the provision of relocation assistance to existing businesses in the Metro West project site.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, authorizing the reduction of current appropriations for the 2007 Consolidated Plan Budget grant fund, HOME Investment Trust Fund 411, by $260,144 for the purpose of balancing the Approved Consolidated Plan Budget due to decreased grant awards to the City, and to provide increased funding for existing programs.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, authorizing the transfer of the sum of $1,421,561.00 from various Community Development Block Grant (CDBG) accounts to certain new and existing operating and project accounts for the purpose of closing out completed programs, canceling certain projects that could not be completed, providing additional funds for new and existing projects and operating accounts and otherwise carrying out the City's CDBG goals and objectives.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, authorizing the transfer of and return to source Funds 638, 758, 858, 861, 864, 870 and 871 the sum of $849,535.95 from various General Fund capital improvement project accounts for the purpose of closing out or decreasing certain existing capital improvement accounts and providing resources for the 2008 Capital Improvement Program, according to Section 1 of the attached Schedule of Transfer; authorizing the transfer of and return to source Funds 102, 104, 107, 336, 369, and 424 the sum of $800,357.89 from various Restricted Funds capital improvement project accounts for the purpose of closing out or decreasing certain existing capital improvement accounts and providing resources for the 2008 Capital Improvement Program, according to Section 2 of the attached Schedule of Transfer; authorizing the transfer and appropriation of the sum of $349,500.00 from the unappropriated surplus of Funds 858 and 638 to existing capital improvement program project accounts for the purpose of providing additional resources for certain capital improvement program project accounts, according to Section 3 of the attached Schedule of Transfer; and authorizing the transfer and appropriation of the sum of $200,000.00 from the unappropriated surplus of General Fund 050 to newly-established capital improvement project account no. 980x164x03380 (NBD Support Program '07) for the purpose of providing financial support for capital improvements in each of the City's 34 Neighborhood Business Districts to implement the budget motion #200601165 passed by City Council on December 21, 2006.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, approving and authorizing the City Manager to execute the First Amendment to Funding Agreement for the development of Real Property to Provide a Facility for the Creation and Retention of Jobs (the "Agreement") between the City of Cincinnati (hereinafter called "City") and Shillito Center, LLC for restructuring the debt for the Shillito Center project.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, approving and authorizing the City Manager to execute the Second Amendment to Funding Agreement (the "Agreement") between the City of Cincinnati (hereinafter called "City") and Piatt Park Community Urban Redevelopment Corporation (hereinafter called "PPCURC") and Piatt Park Associates Limited Partnership (hereinafter called "PPALP") for restructuring the debt for Greenwich on the Park.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, approving and authorizing the City Manager to execute the First Amendment to Funding Agreement for a Loan of City Funds for the Development of Housing (the "Agreement") between the City of Cincinnati (hereinafter called "City") and Piatt Park Community Urban Redevelopment Corporation (hereinafter called "PPCURC") and Groton Lofts Limited Liability Company (hereinafter called "GLLLC") for restructuring the debt for Groton Lofts.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, authorizing the City Manager to execute a Development Agreement between the City and Corporex Companies, LLC, a Kentucky limited liability company, for the benefit of an office and hotel development, to be located along Eden Park Drive and to be known as Baldwin 300.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, approving and authorizing execution of a Forgivable Asset-based Reverse Mortgage (F.A.R.M.) Loan Agreement 1st Amendment with Great American Financial Resources, Inc. ("GAFR").Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, declaring improvement to certain parcels of real property in the City which are part of the Baldwin 300 Project to be a public purpose and exempt from real property taxation; describing the various public infrastructure improvements to be made to directly benefit the respective parcels; and declaring an emergency.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, amending Ordinance No. 416-2002, passed on December 18, 2002, to remove certain real property from the District 6 - Walnut Hills District Incentive District; and declaring an emergency.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/13/2007, approving and authorizing the execution of a Service Agreement with Corporex Companies, LLC.Item Status/Referral/Recommendations:
REPORT, dated 6/13/2007, 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 DBA Holding LLC DBA LeBoxx Cafe, 819 Vine St., 1st Floor & Basement. (#1879555, Transfer of Ownership, D5, D6) [Objections: None]Item Status/Referral/Recommendations:
REPORT, dated 6/13/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Budget Status report for the period ending April 30, 2007.Item Status/Referral/Recommendations:
COMMUNICATION, dated 6/6/2007 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 #9726353, Class C-1, WNY of Vine, Inc., dba Vine Company, 5000 Paddock Road, Cincinnati, Ohio 45237. This meeting has been discontinued.Item Status/Referral/Recommendations:
MEMO, dated 5/30/2007, submitted by the Clerk of Council from Mayor Mallory requesting a Special Session of Council to take place on Wednesday, June 20, 2007 at 4:00 p.m. for the purpose of a joint session of Cincinnati City Council and the Board of Education.Item Status/Referral/Recommendations:
NOTICE, submitted by Melissa Autry, Clerk of Council to Mayor and all Councilmembers of a Joint Special Session of Council with the Cincinnati Public Schools Board of Education on Wednesday, June 20, 2007 at 4:00 p.m. in City Hall Council Chambers.Item Status/Referral/Recommendations:
RECEIPT, signed by the Mayor and all the Councilmembers of the notice of special session of City Council to be held on Wednesday, June 20, 2007 at 4:00 p.m. in City Hall Council Chambers.Item Status/Referral/Recommendations:
RESOLUTION, dated 6/6/2007 submitted by the Clerk of Council, from J. Rita McNeil, City Solicitor, declaring the intent to appropriate to public use property required for the improvement of Columbia Parkway from Kemper Lane to Delta Avenue.Item Status/Referral/Recommendations:
VERIFICATION, of publication of notice of the special session of Cincinnati City Council joint with the Cincinnati Public Schools Board of Education.Item Status/Referral/Recommendations: