Wednesday December 12, 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:
ORDINANCE, (EMERGENCY) submitted by Mayor Mallory, AUTHORIZING the transfer of the sum of $16,000.00 from within the General Fund 050 for the purpose of adjusting the office budget of Mayor Mallory.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
MOTION, dated 12/12/2007 submitted by Mayor Mallory, Vice Mayor Crowley, Councilmembers Monzel, Cole, Bortz, Berding, Ghiz, Cranley, Qualls and Thomas that the City of Cincinnati hold an afternoon Council session on Wednesday, December 19, 2007 in place of the scheduled evening session. The session will begin at 2 p.m., with public comment beginning at 1:30 p.m.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
RESOLUTION, dated 11/30/2007 submitted by Councilmember Berding, URGING Ohio's congressional delegation to support H.R. 3498 and S. 2054, the Neighborhood Reclamation and Revitalization Program Act of 2007, which will provide grants to assist cities with demolition of vacant housing.Item Status/Referral/Recommendations:
COMMUNICATION, dated 12/3/2007 submitted by Councilmember Cole, from Sharon Schild, 951 West North Bend Road, Apt. 6c, Cincinnati, Ohio 45224 regarding Ideas for Economic Growth for City and Jails and For We The People.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, to accept and confirm the dedication of a permanent easement to public use for construction, operation and maintenance of a storm sewer and appurtenances in accordance with a plat entitled "South Street Storm Sewer Outfall, Storm Sewer Easement Plat."Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, authorizing the Cincinnati Police Department to accept approximately 12 workstations from National City Bank for use by the Major Offenders Unit, Financial Crimes Squad to replace the Financial Crimes Squad's antiquated and inadequate desks and office furniture.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, authorizing the City Manager to execute any necessary and appropriate documents to extend a loan of federal HOME funds to Race, Republic and Green LLC in the amount of One Million Two Hundred Thousand Dollars ($1,200,000.00) for the repair and rehabilitation of real property located at 1616-18 Race Street, 1626-28 Race Street, 1623 Republic Street, and 23 Green Street, for rental to low-income households.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, to accept and confirm the dedication of a permanent easement to public use for construction, maintenance, repair and replacement of a water main and water main appurtenances in accordance with the plat designed "WSL 3541, Tri-County Mall, E-860, Princeton Pike."Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, authorizing and directing the City Manager to establish terms and conditions for the presentation of "New Year's Eve Bash" by the Cincinnati Center City Development Corporation ("3CDC") on Fountain Square, on Monday, December 31, 2007, from 10:00 p.m. to 1:00 a.m.; AUTHORIZING and directing the City Manager to take such actions as are necessary and proper to implement the presentation of "New Year's Eve Bash," 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 "New Year's Eve Bash" on Monday, December 31, 2007 for the period of time beginning at 10:00 p.m. and ending at 1:00 a.m.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, authorizing the City Manager to forgive two loans and execute one release of mortgage on the properties in the low-income housing tax credit project on Freeman Avenue constructed by Colerain-Freeman Limited Partnership.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, authorizing the sale of 292 McGregor Avenue to Theresa Debnam, which real property is no longer needed for any municipal purpose.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, authorizing the transfer of the sum of $6,000.00 from the General Fund 050 non-personnel services account no. 050x040x7400 to the General Fund 050 personnel account no. 050x040x7100 for the purpose of adjusting the operating budget of the Clerk of Council.Item Status/Referral/Recommendations:
REPORT, dated 12/12/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 3/22/2006, submitted by Councilmembers Crowley, Cole, Cranley, Thomas, Ghiz, Berding, Bortz and Vice Mayor Tarbell, that the administration review and report back to Council on the proposed Policy for Economic Inclusion and Workforce Development for the Banks Development. (attached) We Further Move that the administration prepare whatever documentation is needed for the City Council to adopt the policy. (STATEMENT ATTACHED)Item Status/Referral/Recommendations:
REPORT, dated 12/12/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 8/1/2007, submitted by Councilmembers Chris Bortz and Chris Monzel, WE MOVE that the City cease negotiations with Queensgate Terminals, LLC.Item Status/Referral/Recommendations:
REPORT, dated 12/12/2007, 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 Orlandos Tavern LLC DBA Orlandos Tavern, 1664 Frederick Avenue, 1st Floor & Basement. (#6576124, Transfer of Ownership, D5, D6) [Objections: None]Item Status/Referral/Recommendations:
RESOLUTION, dated 12/12/2007 submitted by Milton Dohoney, Jr., City Manager, expressing the approval of the Council of the City of Cincinnati of the application for the creation of a Community Entertainment District to be known as the "Eastern Banks Entertainment District" pursuant to Section 834-01 of the Cincinnati Municipal Code.Item Status/Referral/Recommendations:
RESOLUTION, dated 12/12/2007 submitted by Milton Dohoney, Jr., City Manager, expressing the approval of the Council of the City of Cincinnati of the application for the creation of a Community Entertainment District to be known as the "Western Banks Entertainment District" pursuant to Section 834-01 of the Cincinnati Municipal Code.Item Status/Referral/Recommendations:
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/31/2007, to accept and confirm the dedication of permanent easements to public use for construction, maintenance, repair and replacement of water mains and water main appurtenances in accordance with the plats designated "WSL #3538, E#846, Whispering Pines Subdivision, Blue Rock Road", "CIN 197, E#845, Honeysuckle Drive, Honeysuckle Lane" and "CIN 199, E#834, 3148 Columbia Parkway." (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 12/7/2007)Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/7/2007, authorizing the sale of 3926-28 Spring Grove Avenue to Northside Business Association, which real property is no longer needed for any municipal purpose. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 12/7/2007)Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
COMMUNICATION, dated 12/4/2007 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 2007-2008 Renewal Application, Permit #7297521, Class C-1-2, Rendezvous Cafe, Inc., 1900-1902 Linn Street, 1st Floor, Cincinnati, Ohio 45214.Item Status/Referral/Recommendations:
COMMUNICATION, dated 12/4/2007 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 Transfer of Ownership Application, Permit #9870842, Class C-1-2, From Rendezvous Cafe, Inc., 1900-1902 Linn Street, 1st Floor, Cincinnati, Ohio 45214 To Zaheera, LLC dba Sam's Market.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, authorizing the transfer of the sum of $100,000 from the Cincinnati Police Department's operating account no. 050x222x7100 to operating account no. 050x222x7200 for the purpose of providing funding to the International Police Executive Symposium.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/05/2007, approving payment in the amount of $12,000.00 to Pleasant Ridge Community Council for technical consulting fees incurred in the monitoring of the Hilton Davis environmental remediation site.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/5/2007, authorizing the City Manager to apply and accept a grant from the United States Department of the Interior National Park Service through the State of Ohio Historic Preservation Office for Federal Fiscal Year 2008 Certified Local Government Subgrant funds in the amount of $29,072.50 to conduct an educational project on the barriers and opportunities associated with environmentally sensitive redevelopment historic properties, using examples in the Over-the-Rhine community of the City of Cincinnati.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/5/2007, authorizing the City Manager to apply for and accept a grant from the United States Department of the Interior National Park Service through the State of Ohio Historic Preservation Office of Federal Fiscal Year 2008 Certified Local Government Subgrant funds in the amount of $10,000 for the restoration of the George Hatch House in the West End community of the City of Cincinnati.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/5/20007, authorizing the City Manager to apply for and accept a grant in the amount of approximately $27,020.00 from the Ohio Department of Youth Services for the Juvenile Accountability Block Grant for the purpose of enforcing curfew, including the use of home visits to address repeat offenders.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/5/2007, authorizing the transfer of the sum of $5,000.00 within General Fund 050 for the purpose of adjusting the office budget of Councilmember John Cranley.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/5/2007, authorizing the transfer of the sum of $1,486,850 within the General Fund from and to various operating accounts for the purpose of appropriating the 2007 contractual lump sum payments for employees belonging to AFSCME Ohio Council 8 and its six constituent local unions (AFSCME).Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/5/2007, authorizing the transfer of the sum of $1,192,070 from various restricted fund accounts to other restricted fund accounts for the purpose of appropriating the 2007 contractual lump sum payments for employees belonging to AFSCME Ohio Council 8 and its six constituent local unions (AFSCME), and APPROPRIATING certain amounts from the Unappropriated Surplus for this same purpose.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 12/10/2007, approving and authorizing the execution of the "Property Investment Reimbursement Agreement" with FirstGroup America in which the company agrees to consolidate and expand its North American Headquarters at 600 Vine Street, and to create and retain new jobs; and the City agrees to provide funding for the project of up to $1,000,000 over a seven-year period with annual payments limited to 55 percent of new income tax revenues from new jobs created by the company.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
ORDINANCE (EMERGENCY), dated 12/10/2007, submitted by Milton Dohoney, Jr., City Manager, PROVIDING for the issuance, sale and delivery of not to exceed $5,500,000 of Judgment Bonds or Notes in anticipation thereof, the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of paying a final judgment; authorizing a pledge of the City's faith and credit or a pledge of and lien on certain revenues and other city resources, as appropriate, to secure such bonds, or notes; and authorizing necessary documents to secure such bonds or notes; and declaring an emergency.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 12/5/2007, declaring the necessity of assessing for various types of special street lighting for three years, beginning August 1, 2007, on numerous streets within the City of Cincinnati.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 12/5/2007, designating specific City personnel to request advances from the Auditor of Hamilton County as required by Section 321.34 of the Ohio Revised Code and requesting that the Auditor of Hamilton County draw, and the Treasurer of Hamilton County pay on such draft to the Treasurer of the City of Cincinnati weekly beginning January 2, 2008, funds derived from taxes which may be in the county treasury to the account of the City of Cincinnati.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
COMMUNICATION, dated 12/3/2007, submitted by Councilmember Qualls, from Joe Hummel Executive Director, Allied Construction Industries, JHummel@aci-construction.org regarding the Banks 'Oversight' Group.Item Status/Referral/Recommendations:
COMMUNICATION, dated 11/30/2007 submitted by Councilmember Qualls, from Daniel Hauff, PETA, 501 Front Street, Norfolk, VA. 23510 regarding banning the display of wild animals at the appearance of Sam Mazzola, dba Wildlife Adventures of Ohio/World Animal Studios at the 2007 Hamilton County Fair.Item Status/Referral/Recommendations:
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager on 12/5/2007, amending Ordinance No. 182-2007 [Community Reinvestment Area - Leadership in Energy and Environmental Design ["LEED"], to more clearly define the eligibility requirements and the nature and length of real property tax exemptions of the assessed property value of newly constructed or rehabilitated industrial, commercial or residential properties, if the property is constructed or rehabilitated to LEED Certified, Silver, Gold or Platinum standards, as defined and certified by the U.S. Green Building Council.Item Status/Referral/Recommendations:
| MR. BORTZ | Y |
| MS. COLE | Y |
| MR. CRANLEY | Y |
| MR. CROWLEY | Y |
| MS. GHIZ | Y |
| MR. MONZEL | Y |
| MS. QUALLS | Y |
| MR. THOMAS | Y |
| MR. BERDING | Y |
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: