PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday June 27, 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., 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:


MAYOR MALLORY

Item #: 200700767
APPOINTMENT, dated 6/19/2007 submitted by Mayor Mark Mallory, pursuant to Article XXVII of the Administrative Code and subject to the consent of Council, I hereby appoint Joseph Tomain to serve as a Member of the Board of the Cincinnati Human Relations Commission. Mr. Tomain will serve a three-year term to expire on June 30, 2010.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
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


Item #: 200700768
APPOINTMENT, dated 6/19/2007 submitted by Mayor Mark Mallory, pursuant to Article XXVII of the Administrative Code and subject to the consent of Council, I hereby appoint Robert Braggs, III to serve as a Member of the Board of the Cincinnati Human Relations Commission. Mr. Braggs will fill the un-expired term of Constance Hudson. His term will expire on January 31, 2008.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
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


Item #: 200700769
APPOINTMENT, dated 6/19/2007, submitted by Mayor Mark Mallory, pursuant to Article XXVII of the Administrative Code and subject to the consent of Council, I hereby appoint Marilyn Shazor to serve as a Member of the Board of the Cincinnati Human Relations Commission. Ms. Shazor will serve a three-year term to expire on June 30, 2010.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
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


Item #: 200700770
APPOINTMENT, dated 6/19/2007 submitted by Mayor Mark Mallory, pursuant to Article XXVII of the Administrative Code and subject to the consent of Council, I hereby appoint Charleston Wang to serve as a Member of the Board of the Cincinnati Human Relations Commission. Mr. Wang will serve a three-year term to expire on June 30, 2010.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
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


Item #: 200700771
APPOINTMENT, dated 6/19/2007 submitted by Mayor Mark Mallory, pursuant to Article XXVII of the Administrative Code and subject to the consent of Council, I hereby appoint Lisa Talmadge Meeks to serve as a Member of the Board of the Cincinnati Human Relations Commission. Ms. Meeks will fill the un-expired term of Pamela Page. Her term will expire on September 30, 2008.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
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


Item #: 200700798
ORDINANCE, (EMERGENCY) submitted by Mayor Mallory, AUTHORIZING the City Manager to enter into a Memorandum of Understanding with Hamilton County agreeing that the City of Cincinnati and Hamilton County will jointly apply for and accept a grant in the total amount of $595,793.00 from the 2007 Byrne Justice Assistance Grant Program, which grant will be divided equally between the City of Cincinnati and Hamilton County; and further AUTHORIZING the City Manager to jointly apply for and accept with Hamilton County the total amount of $595,793.00 from the 2007 Byrne Justice Assistance Grant Program to be used to fund the Sexual Assault Advocate Program for 2009 and the Police Visibility Overtime Program for 2009; and ESTABLISHING Fund No. 375, "2007 Justice Assistance Grant," and interest bearing fund, for the receipt of the total grant and distribution of one-half of the grant funds to Hamilton County in accordance with the terms of the grant.
Item Status/Referral/Recommendations:
PASSED EMERGENCY
*** PASSED EMERGENCY 0283-2007
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

MR. CRANLEY
MR. BORTZ
MR. MONZEL
MR. THOMAS
MR. BERDING
MS. GHIZ

Item #: 200700799
MOTION, dated 6/27/2007 submitted by Councilmembers Cranley, Bortz, Monzel, Thomas, Berding and Ghiz that vacant property be ineligible to receive rental rehab assistance from the city without *consideration from the neighborhood community council being affected and authorization of council. WE MOVE that no funds be distributed or committed to subsidize a rental rehabilitation project until such project and funding is approved by Council. Nothing in the rental rehabilitation regulations shall be interpreted to undermine the authority of council to reject a project for funding. WE MOVE that this policy apply to all pending and future projects. (*Amended on floor of council 6/27/2007)
Item Status/Referral/Recommendations:
ADOPTED
*** ADOPTED
MR. TARBELL N
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

MS. GHIZ

Item #: 200700790
COMMUNICATION, submitted by Councilmember Ghiz, from the Westwood Civic Association - Board of Directors, regarding "Western Hill Plaza"
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***

MR. MONZEL

Item #: 200700791
MOTION, dated 6/19/2007 submitted by Councilmember Monzel, that any proposed lease with Queengate for the city land formerly owned by Hilltop Concrete Company be rejected. I further move that this land be designated as greenspace and used for recreational purposes. I further move that the city begin planning to convert this land into a park with the understanding that some of this land will be needed for the renovation and relocation of the Waldvogel Viaduct. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***

CITY MANAGER

Item #: 200700773
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/27/2007, amending Ordinance No. 72-1994, which directed deposits, expenses and transfers related to the Vacant Bulding Fund 347, by renaming it Hazard Abatement Fund 347, by expanding the permissible revenues of Fund 347 to include recovered barricade and demolition costs, by expanding the uses of Fund 347 to include costs related to barricading and demolishing vacant buildings, and by eliminating the annual payment of the net amount in Fund 347 to the Special Housing Permanent Improvement Fund 761.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700776
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/27/2007, levying a special assessment to control the blight and disease of shade trees within public rights-of-way and for planting, maintaining, trimming and removing shade trees in and along the street of the City of Cincinnati's Urban Forestry Maintenance District for the year 2008.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700777
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/27/2007, determining to proceed with the special assessment for the control of blight and disease of shade trees within public rights-of-way and for planting, maintaining, trimming and removing shade trees in and along the streets of the City of Cincinnati's Urban Forestry Maintenance District for the year 2008.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200600807
REPORT, dated 6/27/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 08/07/06, submitted by Councilmember Cole, from Harold Cleveland, Chief Executive Officer, Cincinnati Empowerment Corporation, 3030 Vernon Place, Cincinnati, OH 45219-2445, providing a project-spending list organized by neighborhoods from the Cincinnati Empowerment Zone inception through the end of fiscal year September 2005
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***


Item #: 200700477
REPORT, dated 6/27/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, submitted by Councilmember Cole, from Pat P. Staples, President Camp Washington Community Council, (stap47@yahoo.com) regarding the $3,000 spent by the Camp Washington Community Council for radios.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***


Item #: 200700629
REPORT, dated 6/27/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 5/17/07, submitted by Councilmember Thomas, from Charlie Winburn, 7811 Hamilton Avenue, Cincinnati, Ohio 45231, regarding the Registration of Convicted Persons Act with view toward tracking most violent criminals in Cincinnati.
Item Status/Referral/Recommendations:
LAW & PUBLIC SAFETY COMMITTEE
***


Item #: 200700774
REPORT, dated 6/27/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended May 31, 2007. (REPORT ON FILE IN CLERK'S OFFICE)
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700775
REPORT, dated 6/27/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the 2005/2006 annual bridge condition report.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***


Item #: 200700778
REPORT, dated 6/27/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Urban Forestry Program Assessment Equalization Board recommendations.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***


Item #: 200700779
REPORT, dated 6/27/2007, 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 S H BP Glenway Inc DBA BP Glenway, 3749 Glenway Ave. (#8011019, Transfer of Ownership, C1) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700780
REPORT, dated 6/27/2007, 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 Roe Holdings LLC DBA Below Zero Lounge, 1120 Walnut St. 1st & 2nd Fl. (#7467907, Transfer of Ownership, D5, D6) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700781
REPORT, dated 6/27/2007, 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 118 W. Sixth St. LLC DBA None listed, 120-22 W. Sixth St. (#6548369, New, D5) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED

CITY PLANNING COMMISSION
ECONOMIC DEVELOPMENT COMMITTEE

Item #: 200700429
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE property formerly known as the Conrail Site located at 2900-3400 River Road in the Riverside and Sedamsville neighborhoods from SF-2.0, Single Family District, ML, Manufacturing Light District and MG, Manufacturing General District, to PD No. 48, Planned Development District. (THIS ITEM WAS DISAPPROVED BY THE CITY PLANNING COMMISSION ON 3/16/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 24, 2007 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0280-2007
MR. TARBELL N
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y


Item #: 200700692
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning TO REZONE certain property located along Woodburn Avenue and Montgomery Road between Holloway Avenue and Dexter Avenue in the Evanston neighborhood from CN-M, Commercial Neighborhood-Mixed District to the CN-P, Commercial Neighborhood-Pedestrian District. (APPROVED BY THE CITY PLANNING COMMISSION ON 5/18/2007) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007, 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0255-2007
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


Item #: 200700693
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development & Planning to REZONE certain property located along Woodburn Avenue between Gilpin Avenue and Fairfax Avenue in the Evanston neighborhood from CN-M, Commercial Neighborhood-Mixed District to the RMX, Residential Mixed District. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 5/18/2007) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007, 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0256-2007
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


Item #: 200700694
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Title XIV, the Cincinnati Zoning Code by amending Sections 1400-11, 1400-15, 1401-01-P7, 1423-13, and 1425-27 to add provisions for the Parks and Recreation District. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 5/18/2007) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007, 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0257-2007
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


Item #: 200700695
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning TO REZONE certain property to PR, Parks and Recreation District, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 5/18/2007) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007, 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0258-2007
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


Item #: 200700696
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Title XIV, Zoning Code of the City of Cincinnati, of the Cincinnati Municipal Code by enacting a new Chapter 1416, Parks and Recreation District. (THE CITY PLANNING COMMISSION APPROVED THIS ITEM ON 5/18/2007) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007, 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0259-2007
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


Item #: 200700699
ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Community Development and Planning, TO REZONE certain property located at 6612-48 Corbly road, in the Mt. Washington neighborhood, from the SF-6, Single-family District to the SF-4, Single-family District, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON (5/4/2007) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007, 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0260-2007
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


Item #: 200700700
ORDINANCE, submitted by Margaret Wuestle, Chief Planner, Community Development and Planning, on 6-5-2007, TO REZONE certain property located at 1713-1715 Westwood Avenue in the South Fairmount neighborhood from RMX, Residential Mixed District to the CC-M, Community Commercial - Mixed District.(APPROVED BY THE CITY PLANNING COMMISSION ON 5/4/2007) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0261-2007
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

CITY PLANNING COMMISSION
VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.

Item #: 200700583
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, accepting and confirming quitclaim deeds from Adams Place Condominium Homeowners' Association and AP Parking Company, LLC, conveying to the City of Cincinnati a total of approximately 5368 square feet of real property located on Adams Crossing for the Mt. Adams Steps project. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 6/1/2007)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0281-2007
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

CLERK OF COUNCIL

Item #: 200700785
COMMUNICATION, dated 6/20/2007 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 2006-2007 & 2007-2008 Renewal Applications, Permit #2655503-0025, Class D-5-6, Fatcats, Inc., dba Phoenix Cafe, 641 Walnut Street, 1st & 2nd Floors and Basement, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700786
COMMUNICATION, dated 6/20/2007 submitted by the Clerk of Council, from Terry Poole, Superintendent, 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.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700787
COMMUNICATION, dated 6/20/2007, 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, 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 #: 200700788
COMMUNICATION, dated 6/20/2007, submitted by the Clerk of Council, from James Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding 2007-2008 Renewal Application, Permit #5103514, Class C-1-2, D-6, Donald M. Lehmkuhl, dba Don's Deli, 1500 Beech Avenue, 1st Floor, Cincinnati, Ohio 45205. Hearing will be held 7/23/2007 at 1:00 p.m., Room B. City Hall.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200700789
COMMUNICATION, dated 6/20/2007, submitted by the Clerk of Council, from James P. Bally, 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 7/23/2007, 10:30 a.m., Room B, City Hall.
Item Status/Referral/Recommendations:
FILE
*** FILED

RULES & GOVERNMENT OPERATIONS COMMITTEE

Item #: 200700654
ORDINANCE, (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/31/2007, amending the provisions of Section 2, "Duties of Director of Community Development and Planning," Article XXIV, "Department of Community Development and Planning," and further AMENDING Section 24, "City Purchasing Agent; Duties," of Article IX, "Department of Finance" of the Administrative Code of the City of Cincinnati, in order to place the responsibilities of the Division of Contract Compliance under the direction and supervision of the Purchasing Division of the Department of Finance.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0262-2007
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

ECONOMIC DEVELOPMENT COMMITTEE

Item #: 200700796
MOTION, dated 6-26-2007, submitted by Councilmembers Jeff Berding, Leslie Ghiz, James R. Tarbell, Chris Bortz, Laketa Cole, David C. Crowley, and Chris Monzel WE MOVE that the Administration commence a study on the potential rezoning of 2600 Harrison Avenue, 2163 Harrison Avenue, 2722 Faber Avenue, 2726 Faber Avenue, and 2728 Faber Avenue.
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
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


Item #: 200700794
ORDINANCE, submitted by Councilmember Chris Bortz, from J. Rita McNeil, City Solicitor, on 6-26-07. AUTHORIZING the City Manager to execute an agreement with Lawyers Property Corporation, an Ohio corporation, for the purpose of granting an exclusive right to investigate the feasibility of, and to negotiate for, the development of real property located in the 600 block of East Pete Rose Way known as the L&N Loop.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0282-2007
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL Y

FINANCE COMMITTEE

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:
ADOPT
*** ADOPTED
MR. TARBELL N
MR. THOMAS N
MR. BERDING Y
MR. BORTZ N
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY N
MS. GHIZ Y
MR. MONZEL Y


Item #: 200700728
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:
ADOPT
*** ADOPTED
MR. TARBELL N
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y


Item #: 200700782
MOTION, dated 02/20/2007, submitted by Councilmember Cranley, Monzel, Crowley, to reject SORTA's proposed $0.25 per way fare increase because by SORTA's own analysis the fare increase will lead to over 1 million fewer rides; and to ask SORTA to offset its claimed need for additional revenue by cutting overhead, and specifically CONSIDER the following cuts which equal the amount of money SORTA claims will be raised by their proposed fare increase: Eliminate SORTA's Department of Information Technology and use the Regional Computing Center (RCC) for all of SORTA's information technology needs, resulting in a potential savings of $414,977. (BALANCE OF MOTION ON FILE) (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MR. TARBELL N
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL Y


Item #: 200700683
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/6/2007, authorizing the transfer and appropriation of the sum of $45,300.00 within the Department of Buildings and Inspections from General Fund operating account no. 050x212x0000x7100 to General Fund operating account no. 050x213x0000x7100, for the purpose of shifting the vacant position cut of an Inspector 1 position from the Department of Buildings and Inspections Division of Building Inspection to the Division of Licenses and Permits in accordance with the approved 2007 General Fund Budget Realignment Ordinance No. 121-2007 and Council's Motion.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0263-2007
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


Item #: 200700690
ORDINANCE, (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, OFFERING early retirement incentives to City of Cincinnati employees who will have 28 years or more of service credit prior to January 1, 2008, and who are members of the Cincinnati Retirement System.
Item Status/Referral/Recommendations:
WITHOUT RECOMMENDATION
*** PASSED EMERGENCY 0279-2007
MR. TARBELL N
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY N
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL N


Item #: 200700712
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:
PASS EMERGENCY
*** PASSED EMERGENCY 0268-2007
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


Item #: 200700714
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:
PASS EMERGENCY
*** PASSED EMERGENCY 0269-2007
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


Item #: 200700715
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:
PASS
*** PASSED 0264-2007
MR. TARBELL Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL N


Item #: 200700717
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:
PASS EMERGENCY
*** PASSED EMERGENCY 0270-2007
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


Item #: 200700718
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:
PASS EMERGENCY
*** PASSED EMERGENCY 0271-2007
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


Item #: 200700719
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:
PASS EMERGENCY
*** PASSED EMERGENCY 0272-2007
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


Item #: 200700742
ORDINANCE, (Emergency) submitted by Milton Dohoney, City Manager, on 06/15/07, amending Ordinance No. 198-2007 that established funding for the 2006 Shelter Plus Care Program and the respective project accounts, and appropriated an amount of $3,283,440.00 from Fund 410 to the newly established Shelter Plus Care project accounts, for the purpose of correcting the project account numbers.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0273-2007
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


Item #: 200700743
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/20/07, to levy special assessments on property for the total cost of securing unsafe buildings and demolishing condemned buildings pursuant to R.C. 715.261.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0265-2007
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


Item #: 200700746
ORDINANCE (Emergency) submitted by Milton Dohoney, Jr., City Manager, on 6/20/2007 authorizing the sale of a portion of Oesper Avenue east of Realistic Avenue, which real property is not needed for any municipal purpose; repealing Ordinance 9-2007; and, declaring an emergency. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION)
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0274-2007
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


Item #: 200700750
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/20/2007, approving and authorizing the execution of a Service Agreement with Hyde Park Circle, LLC.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0266-2007
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


Item #: 200700751
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/20/2007, authorizing the City Manager to execute a Development Agreement between the City and Hyde Park Circle, LLC, an Ohio limited liability company, for the benefit of a mixed-use development, to be located at the southwest corner of Madison Road and Red Bank Expressway and to be known as Madison Circle.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0275-2007
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


Item #: 200700753
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/20/2007 to make an appropriation for the current expenses and other expenditures of the City of Cincinnati from Income Tax-Transit Fund 759 for SORTA operations for the period beginning July 1, 2007 and ending December 31, 2007.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0276-2007
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


Item #: 200700772
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/25/2007, approving and authorizing the execution of a Community Reinvestment Area Tax Exemption Agreement with 2718 Observatory Partners, LLC, thereby authorizing real property tax exemption for a period of fifteen years in connection with construction of an office building located at 2718 Observatory Avenue, Cincinnati, Ohio 45208, at an estimated cost of $575,000 in the City of Cincinnati Community Reinvestment Area.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0277-2007
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


Item #: 200700783
ORDINANCE (EMERGENCY), dated 6/27/2007, submitted by Councilmember Cranley, from Milton Dohoney, Jr., City Manager, AUTHORIZING the City Manager to negotiate and execute a Development Agreement with Neyer/Columbia Square LLC., outlining the terms and conditions for the City's participation in the development of the "Columbia Square" commercial complex, to be located on 9.12 acres of land at the intersection of Columbia Parkway and Delta Avenue, in the Columbia Tusculum neighborhood.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0278-2007
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


Item #: 200700784
ORDINANCE, dated 06/25/2007, submitted by Councilmember Bortz, AUTHORIZING the payment of $350,000.00 to The Port of Greater Cincinnati Development Authority, an Ohio non-profit corporation, in consideration for its provision of professional services, outside of the proper contracting procedures, in connection with economic development activities throughout greater Cincinnati.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0267-2007
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


Item #: 200700630
RESOLUTION, submitted by Milton Dohoney, Jr., City Manager, on 5/23/2007, adopting the Annual Budget for Current Operating Expenses of the City of Cincinnati for the year 2008 and submitting the same to the County Auditor. (REPORT ON FILE IN CLERK'S OFFICE)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0053-2007
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

LAW & PUBLIC SAFETY COMMITTEE

Item #: 200700747
ORDINANCE (Emergency) submitted by Milton Dohoney, Jr., City Manager, on 6/20/2007 authorizing and directing the City Manager to establish terms and conditions for the presentation of "Festival 513" by BAT Enterprises on Elm Street from Second Street to Theodore Berry Way, beginning on Friday, July 27, 2007, at 6:00 p.m. through Sunday, July 29, 2007, at 5:00 a.m.; authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of "Festival 513," 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 "Festival 513"; prohibiting the solicitation of monies; prohibiting the sale of wares by peddlers and itinerant vendors except by persons assocated with and as authorized by BAT Enterprises in the area bounded by the east and west curb lines of Elm Street, the south curb line of Second Street, and the north curb line of Theodore Berry Way for the period of time beginning on Friday, July 27, 2007, at 6:00 p.m. through Sunday, July 29, 2007, at 5:00 a.m.
Item Status/Referral/Recommendations:
PASSED EMERGENCY
*** PASSED EMERGENCY 0284-2007
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


Item #: 200700748
ORDINANCE (Emergency) submitted by Milton Dohoney, Jr., City Manager, on 6/20/07, authorizing and directing the City Manager to establish terms and conditions for the presentation of "Freedom Fest" by the National Underground Railroad Freedom Center on Walnut Street from Second Street to Theodore Berry Way, Freedom Way from Rosa Parks Street to Walnut Street, and on the grassy knoll located in front of the National Underground Railroad Freedom Center between Freedom Way and Theodore Berry Way and between Rosa Parks Street and Walnut Street beginning on Saturday, July 28, 2007, at 9:00 a.m. through 9:00 p.m.; authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of "Freedom Fest," 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 "Freedom Fest"; prohibiting the solicitation of monies; prohibiting the sale of wares by peddlers and itinerant vendors except by persons associated with and as authorized by the National Underground Railroad Freedom Center in the area bounded by the south curb line of Second Street at Walnut Street, the south curb line of Theodore Berry Way at Walnut Street, the east and west curb lines of Freedom Way from Walnut Street to Rosa Parks Street, and the grassy knoll located in front of the National Underground Railroad Freedom Center between Freedom Way and Theodore Berry Way and between Rosa Parks Street and Walnut Street, for the period of time beginning on Saturday, July 28, 2007, at 9:00 a.m. through 9:00 p.m.
Item Status/Referral/Recommendations:
PASSED EMERGENCY
*** PASSED EMERGENCY 0285-2007
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

VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.

Item #: 200700521
REPORT, dated 5/31/2007, submitted by Milton Dohoney, Jr., City Manager, on a 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:
APPROVE & FILE
*** APPROVED & FILED


Item #: 200700607
REPORT, dated 6/6/2007, submitted by Milton Dohoney, Jr., City Manager, on a 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:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED


Item #: 200700619
REPORT, dated 6/12/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 05/15/2007, submitted by Councilmembers Cole and Crowley that the City's website be updated to add a link to every Community Council web page.
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED


Item #: 200700643
REPORT, dated 5/31/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Mt. Washington Comprehensive Plan, April 2007. (REPORT ON FILE IN CLERK'S OFFICE)
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED