PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday April 16, 2008

Council convened in Council Chamber at 6:00 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. Acting City Solicitor Pat King 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:


MR. BERDING
Item #: 200800474
MOTION, submitted by Councilmember Berding, I Move that Councilmember John Cranley, be removed from the Arts, Culture, Tourism and Marketing & Technology Committee. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
RULES & GOVERNMENT OPERATIONS COMMITTEE
***
MS. COLE
Item #: 200800479
RESOLUTION, dated 4/15/2008 submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of th D1, D2, D3, D3A and D6 liquor permit number 6551942 by 111-13 East McMicken, LLC dba Martin's 111-13 East McMicken Avenue, Cincinnati, Ohio 45210.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0020-2008
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y

Item #: 200800480
RESOLUTION, dated 4/15/2008 submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C1 and C2 liquor permit number 7297521 by Rendezvous Cafe, Incorporated dba Sam's Market, 1900-1902 Linn Street, First Floor, Cincinnati, Ohio 45214.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0021-2008
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y

Item #: 200800481
RESOLUTION, dated 4/15/2008 submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the D1, D2, D3, D3A and D6 liquor permit number 9611024 by Wilbar Grille, LLC dba Queen Ann Grill & Bar, 2141 Central Avenue, First Floor, Cincinnati, Ohio 45214.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0022-2008
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y

Item #: 200800482
RESOLUTION, dated 4/15/2008 submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C1, C2 and D6 liquor permit number 0346757 by Azzouzi Enterprises, LLC dba Overlook Express, 811 Overlook Avenue, Cincinnati, Ohio 45238.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0023-2008
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y

Item #: 200800483
RESOLUTION, dated 4/15/2008 submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the D5 and D6 liquor permit number 1886167 by DL Lack, Incorporated dba Don's Corner Pub, 5077 Glenway Avenue, Cincinnati, Ohio 45238.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0024-2008
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y

Item #: 200800484
RESOLUTION, dated 4/15/2008 submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C1, C2 and D6 liquor permit number 5103514 by Donald M. Lemkuhl dba Don's Deli, 1500 Beech Avenue, First Floor, Cincinnati, Ohio 45205.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0025-2008
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y

Item #: 200800485
RESOLUTION, dated 4/15/2008 submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C1, C2 and D6 liquor permit number 8948194 by TKH, Incorporated dba Convenient Market, 3222 McHenry Avenue, Cincinnati, Ohio 45211.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0026-2008
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y

Item #: 200800486
RESOLUTION, dated 4/15/2008 submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the D1, D2, D3, D3A and liquor permit number 0348555 by BKO Corporation dba First Note Cafe of 1235 Chapel Street, Cincinnati, Ohio 45206.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0027-2008
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y

Item #: 200800487
RESOLUTION, dated 4/15/2008 submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C1 and C2 liquor permit number 6277277 by N & M Mini Mart & Beer & Wine, Incorporated dba N & M Mini Mart, 823 Elm Street, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0028-2008
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y

MS. QUALLS
Item #: 200800476
COMMUNICATION, dated 4/5/2008 submitted by Councilmember Qualls, from William P. Bailey, 1647 Atson Lane, Cincinnati, Ohio 45205, regarding proposal for a feasibility study on multiple property moves/recommendations for your consideration.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;HEALTH,ENVIRONMENT & EDUCATION
***
Item #: 200800475
MOTION, dated 4/14/2008 submitted by Councilmember Qualls, that the administration report to Council on the Downtown Food Vending Program. The report should address, but not be limited to, the issues contained in the attached letter regarding downtown vending leases. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;FINANCE COMMITTEE
***
CITY MANAGER
Item #: 200800445
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/16/2008, authorizing the grant of a permanent easement for a footer for a retaining wall in Colerain Avenue at the rear of 1120 Harrison Avenue to Marebeth Webb, which interest is not needed for any municipal purpose.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION;ECONOMIC DEVELOPMENT COMMITTEE
***
Item #: 200800452
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/16/2008, authorizing the City Manager to enter into an agreement of lease with United States of America through its Federal Aviation Administration ("FAA"), for the Lunken Airport Air Traffic Control Tower.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800453
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/16/2008, authorizing the transfer of $217,610 in General Fund 050 resources $91,470 in Income Tax-Infrastructure Fund 302 resources, and $48,700 in Community Development Block Grant Fund 304 resources from various personnel and non-personnel accounts within the Department of Finance into various accounts in the Office of the City Manager, in order to effect the realignment of the Office of Contract Compliance under the Office of the City Manager.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800454
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/16/2008, authorizing the City Manager to apply for and accept a grant from the Duke Energy Ohio Lighting Incentive Program in the amount of approximately $40,000.00 to support the replacement of traffic control lamps with high-efficiency LED light sources.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800455
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/16/2008, authorizing the City Manager to apply for and accept a grant in the approximate amount of $325,000.00 from the Office of Community Oriented Policing Services ("COPS"), which will be used by the Cincinnati Police Department to purchase servers and hardware for the retention and protection of digital audio and visual files.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800456
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/16/2008, amending the provisions of Section 5, "Contracts," Article II, "City Manager,"; and further AMENDING Section 24, "City Purchasing Agent; Duties," 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 Office of the City Manager.
Item Status/Referral/Recommendations:
RULES & GOVERNMENT OPERATIONS COMMITTEE
***
Item #: 200800458
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/16/2008, authorizing the transfer and appropriation of the sum of Two Hundred Nine Thousand Three Hundred Dollars ($209,300) from the unappropriated surplus of the Convention Center Fund 103 to the Convention Center Division, operating account no. 103x243x7200 for the purpose of maintaining the current level of sales and marketing efforts at the Convention Center and providing for additional temporary personnel services to manager the City's contract with Global Spectrum; and further AUTHORIZING the transfer and appropriation of the sum of Three Hundred Thousand Dollars ($300,000) from the unappropriated surplus of the Convention Center Fund 103 to the non-departmental account no. 103x990x7200 for the purpose of budgeting a 5% reserve for contingencies as required by the City's contract with Global Spectrum.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800326
REPORT, dated 4/16/2008, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 3/24/2008 submitted by Councilmember Qualls, that the administration report to Council on the activity of the City's State Lobbyist regarding the Governor's "Building Ohio Jobs" proposal. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
RULES & GOVERNMENT OPERATIONS COMMITTEE
***
Item #: 200800448
REPORT, dated 4/9/2008, submitted by Milton Dohoney, Jr., City Manager, regarding the Capital Arts Grant administrative process.
Item Status/Referral/Recommendations:
HELD ON COUNCIL CALENDAR
*** APPROVED & FILED
CLERK OF COUNCIL
Item #: 200800469
COMMUNICATION, dated 4/8/2008 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 #5103514, Class C-1-2,D-6, Donald M. Lehmkuhl, dba Don's Deli, 1500 Beech Avenue, 1st Floor, Cincinnati, Ohio 45205.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800470
REGISTRATION, submitted by the Clerk of Council from Legislative Agent Allen Freeman, Public Relations/Consulting Strategist, 255 East 5th Street, Suite 1900, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800459
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Scott C. Stiles, Asst City Manager.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800460
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Mark Mallory, Mayor.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800461
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Christopher N. Bortz, Councilmember.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800462
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Melissa Autry, Clerk of Council.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800463
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Thomas H. Streicher, Police Chief.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800464
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Hilary L. Bohannon, Human Resources, Director.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800465
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Wille F. Carden, Jr., Director of Parks.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800466
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Robert J. Schroer, Parking Enterprise Services.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800467
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Norman C. Merrifield, Recreation Commission Director.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800468
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Christopher R. Monzel, Councilmember.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800471
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Milton R. Dohoney, Jr., City Manager
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800472
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for James A. Parrott, Sewers Director.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800473
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statment for Y. Laketa Cole, Councilmember.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800477
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Roxanne B. Qualls, Councilmember.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800478
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for John J. Cranley, Councilmember.
Item Status/Referral/Recommendations:
FILE
*** FILED
VIBRANT NEIGHBORHOODS,RECREATION & PUBLIC SERVICES
Item #: 200800339
REPORT, dated 4/1/2008, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of the annual permit renewal for 111-113 East McMicken, LLC DBA Martin's, 111-113 East McMicken Avenue. (#6551942, Annual Renewal, D1, D2, D3, D3A, D6) [Objections: Cincinnati Police Department, District One, Over The Rhine Community Council, and Pendleton Neighborhood Association]
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
Item #: 200800340
REPORT, dated 4/1/2008, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of the annual permit renewal for Rendezvous Cafe, Inc. DBA Sam's Market, 1900-1902 Linn Street, 1st Floor. (#7297521, Annual Renewal, C1, C2) [Objections: Cincinnati Police Department's Central Vice Control Section, District One, West End Community Council, West End Business Association, and Dayton Street Neighborhood Association]
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
Item #: 200800341
REPORT, dated 4/1/2008, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of the annual permit renewal for Wilbar Grille, LLC DBA Queen Ann Grill & Bar, 2141 Central Avenue, 1st Floor. (#9611024, Annual Renewal,D1, D2, D3, D3A, D6) [Objections: Cincinnati Police Department's Central Vice Control Section, District One, West End Community Council, West End Business Association, and Dayton Street Neighborhood Association]
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
Item #: 200800345
REPORT, dated 4/1/2008, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of the annual permit renewal for Azzouzi Enterprises, LLC DBA Overlook Express, 811 Overlook Avenue. (#0346757, Annual Renewal, C1, C2, D6) [Objections: Cincinnati Police Department, District Three, Price Hill Civic Club, and Price Hill Citizens on Patrol]
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
Item #: 200800347
REPORT, dated 4/1/2008, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of the annual permit renewal for DL Lack, Incorporated DBA Don's Corner Pub, 5077 Glenway Avenue. (#1886167, Annual Renewal, D5, D6) [Objections: Cincinnati Police Department, District Three, Price Hill Civic Club, and Price Hill Citizens on Patrol]
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
Item #: 200800348
REPORT, dated 4/1/2008, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of the annual permit renewal for Donald M. Lehmkuhl DBA Don's Deli, 1500 Beech Avenue, 1st Floor. (#5103514, Annual Renewal, C1, C2, D6) [Objections: Cincinnati Police Department's Central Vice Control Section, District Three, Price Hill Civic Club, and Price Hill Citizens on Patrol]
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
Item #: 200800349
REPORT, dated 4/1/2008, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of the annual permit renewal for TKH Incorporated DBA Convenient Market, 3222 McHenry Avenue. (#8948194, Annual Renewal, C1, C2, D6) [Objections: Cincinnati Police Department, District Three]
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
Item #: 200800350
REPORT, dated 4/1/2008, 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 BKO Corporation DBA First Note Cafe, 1235 Chapel Street. (#0348555, Annual Renewal, D1, D2, D3, D3A, D6) [Objections: Cincinnati Police Department, District Four, and the Walnut Hills Area Council]
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
Item #: 200800446
REPORT, dated 4/15/2008, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of the annual permit renewal for N & M Mini Market & Beer & Wine, Inc. DBA N & M Mini Mart, 823 Elm Street. (#6277277, Annual Renewal, C1, C2) [Objections: Cincinnati Police Department District One, and Downtown Residents Council]
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED