PROCEEDINGS/MINUTES OF CITY COUNCIL

Thursday November 15, 2007

Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cole, Cranley, Crowley, Ghiz, Monzel, Qualls and Thomas (9)

Also in attendance were City Manager Milton Dohoney, Jr., City Solicitor 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 #: 200701162
APPOINTMENT, dated 11/6/2007 submitted by Mayor Mallory, recommending the appointment of Mrs. Carole Cutter-Hawkins to the Citizen Complaint Authority. Mrs. Cutter-Hawkins is the Principal for Schiel Primary School. Mrs. Cutter-Hawkins will fill the vacancy created by the expired term of Mrs. Lori Plat as of December 31, 2007. Mrs. Cutter-Hawkins will serve a two-year term that ends on January 1, 2010.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** HELD ONE WEEK ON CALENDAR


Item #: 200701175
ORDINANCE, (EMERGENCY) dated 11/15/2007 submitted by Mayor Mallory, AUTHORIZING the transfer of the sum of $4,008,420 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:
FINANCE COMMITTEE
***


Item #: 200701176
ORDINANCE, (EMERGENCY) submitted by Mayor Mallory, AUTHORIZING the transfer of the sum of $13,864,280 from various restricted fund accounts to other restricted fund accounts for the purpose of realigning and providing funds to allow for the continuation of City services, and appropriating certain amounts from the unappropriated surplus for current year operating expenses.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***

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

Item #: 200701174
MOTION, dated 11/15/2007 submitted by Mayor Mallory, Vice Mayor Crowley, Councilmembers Monzel, Cole, Bortz, Berding, Ghiz, Cranley, Qualls and Thomas that the City of Cincinnati cancel the November 21, 2007; December 27, 2007; and January 3, 2008 sessions of City Council.
Item Status/Referral/Recommendations:
ADOPTED
*** ADOPTED
MR. CROWLEY Y
MR. MONZEL Y
MS. COLE Y
MR. BORTZ Y
MR. BERDING Y
MS. GHIZ Y
MR. CRANLEY Y
MS. QUALLS Y
MR. THOMAS Y

MS. GHIZ

Item #: 200701163
COMMUNICATION, dated 11/13/2007 submitted by Councilmember Ghiz, from Scott Spencer, 1614 E. McMillan, Cincinnati, Ohio 45206 regarding problems he is experiencing with the Building and Inspections Department.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***

CITY MANAGER

Item #: 200701160
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/15/2007, authorizing the City Manager to apply for and accept a grant of approximately twenty (20) 800 MHz Motorola radios from the FY2007 State Homeland Security Program ("SHSP") for the purpose of enhancing the interoperable communication capabilities of the City of Cincinnati and surrounding jurisdictions.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200701076
REPORT, dated 11/15/2007, submitted by Milton Dohoney, Jr., City Manager on a communication, 9/28/2007 submitted by Vice Mayor Crowley from Michael D. Morgan, J.D. Executive Director, The Over The Rhine Foundation, 1317 Main Street, Cincinnati, Ohio 45202 regarding turning land north of the SCPA lot and the current Washington Park School site into city-owned greenspace.
Item Status/Referral/Recommendations:
EDUCATION,HEALTH & RECREATION COMMITTEE
***


Item #: 200701077
REPORT, dated 11/15/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 9/25/2007 submitted by Councilmember Ghiz, from Dan Boller, Jr. President, East Price Hill Improvement Association, P.O. Box 5420, Cincinnati, Ohio 45205 regarding the Whittier Elementary School located at 945 Hawthorne Avenue that has been vacant for over a year.
Item Status/Referral/Recommendations:
EDUCATION,HEALTH & RECREATION COMMITTEE
***


Item #: 200701154
REPORT, dated 11/15/2007, 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 Angiulli Inc. DBA Martino's, 1345 Main Street. (#021980110005, New, D5) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200701161
REPORT, dated 11/15/2007, 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 Hound Corp. DBA Yesterday's, 930 Hatch Street & Patio. #4003961, Transfer of Stock, D1, D2, D3, D3A, D6) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED

CLERK OF COUNCIL

Item #: 200701166
COMMUNICATION, dated 11/5/2007 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 #2547170-0010, Class D-1-2-3-3A-6, Isaac Ervin, Jr., dba Ike's Restaurant & Cocktail Lounge, 2924 Gilbert Avenue, 1st Floor, Cincinnati, Ohio 45206. Hearing will be held on December 10, 2007 at 1:00 p.m., Room B, City Hall.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200701167
COMMUNICATION, dated 11/5/2007, 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 #1356236, Class D-5, Cerleberties Banquet Hall LLC, 7617 Reading Road, Cincinnati, Ohio 45237. Hearing will be held on December 10, 2007 at 11:00 a.m. in Room B, City Hall.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200701168
COMMUNICATION, dated 11/5/2007, 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 #5364081, Class D-5, James Arthur Lykins, 953 Pavilion, Cincinnati, Ohio 45202. Hearing will be held on December 10, 2007 at 10:00 a.m., Room B, City Hall.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200701169
REGISTRATION, submitted by the Clerk of Council, transmitting the Legislative Agent/Employer Initial Registration Statement for James T. Benedict, Consultant, Government Strategies Group, 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED


Item #: 200701170
REGISTRATION, submitted by the Clerk of Council, transmitting the Legislative Agent/Employer Initial Registration Statement for Charles H. Gerhardt, III, Consultant, President, 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED

FINANCE COMMITTEE

Item #: 200701146
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/5/07, authorizing the City Manager to enter into and execute a Development Agreement with Millworks Town Center L.L.C. for the construction of a mixed-use development project to be known as "Millworks" to be located at the southwest corner of Marburg and Ibsen, and repealing Ordinance No. 322-2006.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** HELD ON CALENDAR ONE WEEK

VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.

Item #: 200701159
ORDINANCE, submitted by J. Rita McNeil, City Solicitor, on 10/25/2007, modifying the provisions of Title XI, Cincinnati Building Code, of the Cincinnati Municipal Code by enacting a new Chapter 1106, General and Specialty Contractor.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0406-2007
MR. BORTZ N
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ N
MR. MONZEL N
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y


Item #: 200701147
REPORT, dated 11/14/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the NBDSF funding requests.
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED

MS. QUALLS

Item #: 200701164
COMMUNICATION, dated 11/2/2007 submitted by Councilmember Qualls, from Joseph L. Trauth, Jr., Keating Muething & Klekamp, Attorneys at Law, One East Fourth Street, Suite 1400, Cincinnati, Ohio 45202-3752 regarding Amendment to PD 43.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;ECONOMIC DEVELOPMENT COMMITTEE
***


Item #: 200701165
COMMUNICATION, dated 10/16/2007 submitted by Councilmember Qualls from the Environmental Advisory Council (EAC) Recycling Report regarding the Life Cycle of Waste Image and Description.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;VIBRANT NEIGHBORHOODS,ENVIRON & PUBLIC SERV COMM.
***