PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday April 23, 2008

Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cranley, Crowley, Ghiz, Monzel, Qualls and Thomas (8)

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:


Councilmember Cole was excused.
MR. MONZEL
Item #: 200800523
MOTION, dated 4/15/2008 submitted by Councilmember Monzel, that the administration and the Department of Public Services develop a plan to implement the following actions regarding corner can garbage cans: 1. All cans will be assigned a unique identification number. The combination of letters and numbers should not exceed 4 digits. 2. All cans will display two identical, very readable stickers, 180 degrees apart, placed on the lip (approx. 2 1/4 inches) that runs around the circumference of each can just below the slotted opening, containing the following information: a. A unique numerical identification number that was assigned to that particular can b. The following message; "Please call 513-591-6000 when can is full." c. The message "Litter Only, No Household or Business Trash" along with "$100 fine" will also be displayed in a manner that is consistent with ease of readability. 3. A new policy will be developed that will ensure that each can is emptied no fewer than once per week and not less than one day from the time when Public Services is notified that a particular corner can is full. 4. Public Services will report back to the Vibrant Neighborhoods Committee on a quarterly basis with the status of corner cans and their efforts to help keep Cincinnati litter free. This report will include the number of cans in operation, their location, and status report of all corner-can related calls to 591-6000 and how quickly they were or were not resolved.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;VIBRANT NEIGHBORHOODS,RECREATION & PUBLIC SERVICES
***
MS. QUALLS
Item #: 200800524
COMMUNICATION, dated 4/16/2008 submitted by Councilmember Qualls, from Mr. Charlie Winburn, 5766 Willowcove Drive, Cincinnati Ohio 45239 [CEWINBURN@YAHOO.COM] regarding the rapid purge process/save millions in tax payer dollars and free up police time to target most dangerous criminals by recommending the dismissal (purge) of seven year old petty offense warrants (non-violent misdemeanors).
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;LAW & PUBLIC SAFETY COMMITTEE
***
CITY MANAGER
Item #: 200800539
ORDINANCE, submitted by Milton Dohoney, City Manager authorizing the sale of Russ Alley between Vine and Republic Streets, which real property is no longer needed for any municipal purpose, to 1629 Vine LLC.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0123-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800277
REPORT, dated 4/23/2008, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 3/5/2008 submitted by Councilmembers Berding, Monzel and Bortz that the City Solicitor provide City Council with an opinion on the obligations of the current owner of Fay Apartments based on the original Contract of Sale and Purchase from the City of Cincinnati along with the recourse in the event of default on any of those terms; the likelihood of HUD ordering that the property be closed down; the City's legal responsibility should HUD order the property to be rehabilitated or closed; and any other relevant liabilities or legal issues. WE FURTHER MOVE that the City Solicitor report to Council on legal actions necessary to keep the Fay Apartments open while issues related to the sale and request for City subsidy are resolved. WE FURTHER MOVE that the City Administration determine what renovations, if any, may be required to come into compliance with HUD and city codes. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,RECREATION & PUBLIC SERVICES
***
Item #: 200800325
REPORT, dated 4/23/2008, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 3/23/2008 submitted by Councilmember Qualls, that the administration report to Council on how H.R. 3359, now pending in the U.S. House Judiciary Committee on Commercial and Administrative Law, would affect the revenues of the City of Cincinnati. The administration should also report on the activity of the City's federal lobbyist regarding this bill. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
RULES & GOVERNMENT OPERATIONS COMMITTEE
***
Item #: 200800488
REPORT, dated 4/23/2008, submitted by Milton Dohoney, Jr., City Manager, regarding streetcar questions.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800492
REPORT, dated 4/23/2008, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended March 31, 2008. (REPORT ON FILE IN CLERK'S OFFICE)
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800519
REPORT, dated 4/23/2008, 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 ETK Management Co. DBA Queen City Market, 2576 Queen City Avenue. (#2391708, New, C1, C2) [Objections: Cincinnati Police Department and the Westwood Civic Association]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800521
REPORT, dated 4/23/2008, 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 Hasten LLC DBA (None listed), 3384-3388 Erie Avenue & Patio. (#36602970005, Transfer of Ownership, D5, D6) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800522
REPORT, dated 4/23/2008, 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 Marshalls Night Club Inc. DBA Lebos of California, 5869 Kellogg Avenue Garden, Patio, 1st Floor & Basement. (#55706250005, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
CITY PLANNING COMMISSION
Item #: 200800494
ORDINANCE, dated 4/17/2008 submitted by Charles C. Graves, III, Director, City Planning Department, MODIFYING the provisions of Chapter 1433, Hillside Overlay Districts of the Cincinnati Zoning Code by amending Section 1433-17. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/16/2007)(HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, MAY 6, 2008 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***
Item #: 200800495
ORDINANCE, dated 4/17/2008 submitted by Charles C. Graves, III, Director, City Planning Department, MODIFYING the provisions of Chapter 1401, Definitions of the Cincinnati Zoning Code and amending day care definitions be deleting Section 1401-01C-3, reordaining Sections 1401-01-C4 through 1401-01-C23 as Sections 1401-01-C3 through 1401-01-C22, amending Section 1401-01-D, ordaining Sections 1401-01-D1, D2 and D3 and reordaining former Sections 1401-01-D1 through 1401-01-D10 as Sections 1401-01-D5 through 1401-01-D13. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/16/2007)(PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, MAY 6, 2008 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***
Item #: 200800525
ORDINANCE, submitted by Charles C. Graves, III, Director, Department of City Planning, MODIFYING Title XIV, Zoning Code of the City of Cincinnati, of the Cincinnati Municipal Code by amending Section 1409-07:Use Regulations-Commercial Subdistricts. (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, MAY 6, 2008 AT 12:00 P.M.) (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 4/20/2007)
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***
Item #: 200800526
ORDINANCE, submitted by Charles C. Graves, III, Director, Department of City Planning, TO REZONE certain property located along the west side of Realistic Avenue in the Evanston neighborhood from the PR, Park and Recreation District to the CC-A, Commercial Community-Auto-oriented District. (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, MAY 6, 2008 AT 12:00 P.M.) (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 3/7/2008)
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***
Item #: 200800527
ORDINANCE, submitted by Charles C. Graves, III, Director, Department of City Planning, TO REZONE certain property located at 2103 Dana Avenue in the Evanston neighborhood from the CC-A, Commercial Community-Auto-oriented District to the PR, Park and Recreation District. (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, MAY 6, 2008 AT 12:00 P.M.) (CITY PLANNING COMMISSION APPROVED THIS ITEM 3/7/2008).
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***
CLERK OF COUNCIL
Item #: 200800528
COMMUNICATION, dated 4/17/2008, 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 #7058528, Class C-1-2, George Roulhac dba Game & Snack, 957 McMillan, Cincinnati, Ohio 45206. Hearing will be held on May 19, 2008 at 10:30 a.m. in Room B.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800529
COMMUNICATION, dated 4/15/2008 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 #2391972, Class C-1-2, EZ Market, Inc., 5941 Hamilton Avenue, Cincinnati, Ohio 45224.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800530
COMMUNICATION, dated 4/17/2008 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 New Permit Application, Permit #6424682, Class D-5, 1901 Vine Street, LLC, 1901 Vine Street, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800531
COMMUNICATION, dated 4/17/2008 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 #7058528-0005, Class D-3, George Roulhac dba Rozz & Dazz Sports Bar, 951-953 East McMillan, Cincinnati, Ohio 45206. Hearing will be held on May 19, 2008 at 11:30 a.m. in Room B.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800496
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Pam Sacherman, Finance Manager
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800497
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Joseph William Gray, Finance Director.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800498
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Bernadine R. Franklin, Finance Manager/City Purchasing Agent.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800499
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Mark T. Ashworth, Internal Audit Manager.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800500
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for John T. Walsh, Acting City Treasurer.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800501
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Johnnie K. Boudinot, Pension Fund Manager.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800502
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Teresa A. Gilligan, Finance Manager.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800503
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Herman Bowling, Housing Manager.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800504
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for William S. Fischer, Business Development Manager.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800505
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Michael L. Cervay, Community Development Director.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800506
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Kathi A Ranford, Operations Manager Community Development.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800507
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Charles F. Haas, Finance Manager.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800508
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Kathleen A. Creager, Assistant Finance Director.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800509
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Margaret F. Olberding, Assistant to the City Manager.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800510
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Charles C. Graves, III, City Planning Director.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800511
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Patricia M. King, Interim City Solicitor.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800512
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Noble Maseru, Health Commissioner.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800513
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Hirsh J. Cohen, Assistant Health Commissioner.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800514
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Kenneth E. Glenn, CCA Director.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800515
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Andrew B. Glenn, Jr., Director of Public Services.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800516
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Edward P. Cunningham, Acting Division Manager, Community Development.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800517
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Lea D. Carroll, Budget Director.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800518
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Lawrence W. Falkin, Director of the Office of Environmental Quality.
Item Status/Referral/Recommendations:
FILE
*** FILED
ECONOMIC DEVELOPMENT COMMITTEE
Item #: 200800421
ORDINANCE, (EMERGENCY) submitted by Charles C. Graves, III, Director, City Planning Department, Amending Ordinances 141-2006 and 385-2007 by adopting an amended concept plan and development program statement for PD No. 43, Planned Development District in the Central Business District, commonly known as "The Banks", notwithstanding Section 1429-11(c) of the Cincinnati Zoning Code. (APPROVED BY THE CITY PLANNING COMMISSION) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 4/22/2008 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0142-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800422
ORDINANCE, submitted by Charles C. Graves, III, Director, City Planning Department, MODIFYING the provisions of Chapter 1401, Definitions, of the Cincinnati Zoning Code by ordaining a new Section 1401-01-L3 to modify the definition of loft dwelling unit. (APPROVED BY CITY PLANNING COMMISSION) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 4/22/2008, AT 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0134-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800423
ORDINANCE, submitted by Charles C. Graves, III, Director, City Planning Department, MODIFYING the provisions of Chapter 1401, Definitions, of the Cincinnati Zoning Code by amending Section 1401-01-L7 to modify the definitions of double frontage lot. (CITY PLANNING COMMISSION APPROVED THIS ITEM) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 4/22/2008 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0135-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800424
ORDINANCE, submitted by Charles C. Graves, III, Director, City Planning Department, MODIFYING the provisions of Chapter 1401, Definitions of the Cincinnati Zoning Code by ordaining new Section 1401-01-M9 to provide a reference to the definition of mural. (CITY PLANNING COMMISSION APPROVED THIS ITEM) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 4/22/2008 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0136-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800425
ORDINANCE, submitted by Charles C. Graves, III, Director, City Planning Department, MODIFYING the provisions of Chapter 1401, Definitions of the Cincinnati Zoning Code by amending Sections 1401-01-V2 and 1401-01-V4 and reordaining former Section 1401-01-V4 as Section 1401-01-V5 to provide heavy vehicle repair. (CITY PLANNING COMMISSION APPROVED THIS ITEM) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 4/22/2008 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0137-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800427
ORDINANCE, submitted by Charles C. Graves, III, Director, City Planning Department, MODIFYING Title XIV, Zoning Code of the City of Cincinnati, of the Cincinnati Municipal Code by amending Section 1421-23, Side Yard Modifications. (CITY PLANNING COMMISSION APPROVED THIS ITEM) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 4/22/2008 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0138-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800428
ORDINANCE, submitted by Charles C. Graves, III, Director, City Planning Department, MODIFYING Title XIV, Zoning Code of Cincinnati, of the Cincinnati Municipal Code by amending Section 1421-33: Fences and Walls. (CITY PLANNING COMMISSION APPROVED THIS ITEM) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 4/22/2008 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0139-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800429
ORDINANCE, submitted by Charles C. Graves, III, Director, City Planning Department, MODIFYING the provisions of Chapter 1427, Sign Regulations, of the Cincinnati Zoning Code by amending Section 1427-33. (CITY PLANNING COMMISSION APPROVED THIS ITEM) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 4/22/2008 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0140-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800430
ORDINANCE, submitted by Charles C. Graves, III, Director, City Planning Department, MODIFYING the provisions of Chapter 1427, Sign Regulations, of the Cincinnati Zoning Code by amending Section 1427-35. (CITY PLANNING COMMISSION APPROVED THIS ITEM) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 4/22/2008 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0141-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

FINANCE COMMITTEE
Item #: 200800520
MOTION, dated 04/21/2008, submitted by Mayor Mallory, Councilmembers Cole and Cranley, that the City Administration sell the Old Engine 9 Firehouse facility to the Cincinnati African American Firefighter's Association for $1; and that the ordinances and other pertinent documents be prepared for the sale as soon as possible. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800535
MOTION, dated 04/21/2008, submitted by Mayor Mallory, Vice-Mayor Crowley, Councilmembers Bortz, Thomas, Berding, Ghiz and Qualls, that Cincinnati City Council approves the development of a Streetcar System, the first phase of which will link downtown Cincinnati with the Uptown area and include the downtown circulator and a connector to Uptown. The downtown circulator and the connector are hereafter referred to as Phase 1.
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800536
MOTION, dated 04/21/2008, submitted by Mayor Mallory, Vice-Mayor Crowley, Councilmembers Bortz, Thomas, Berding, Ghiz and Qualls, we accept the recommended financing plan presented by the administration, which balances the available capacity in Tax Increment Financing (TIF) and Capital sources to insure that such sources remain viable for other City projects and does not use dollars that are available for the City's general operating expenses.
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY N
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL N

Item #: 200800537
MOTION, dated 04/21/2008, submitted by Mayor Mallory, Vice-Mayor Crowley, Councilmembers Bortz, Thomas, Berding, Ghiz and Qualls, that the administration enter into discussions with public and private institutions and companies about their financial commitments to the project; and that the Administration deliver reports to Council and the Mayor, at least quarterly, concerning alternative financing options that include the increased cost of building the Uptown Connector in Phase 1, operations and maintenance funding strategies, and other items relevant to developing a sustainable streetcar system. The reports may include specific recommendations on the subjects listed above; and that signed memoranda of Understanding (MOU) with all public and private institutional and corporate partners for each phase will be in place prior to construction beginning of the phase. The MOU's shall specify benchmarks, financial commitments, timing and other activities to assist the project; and that prior to construction the administration present a sustainable Operations and Maintenance financing plan for Phase 1 that does not primarily rely on the City's Capital or Operating Budgets; and that the Administration explore a minimum of two contingency financing plans for the capital and operations and maintenance of Phase 2, the Uptown Circulator, in the event federal funds are not secured for the project. The funding plan cannot primarily rely on the City's Capital Budget to fill the gap; and that the Administration provide city council with a list of studies, their sequence, expected completion dates, and decision points for Council and the Mayor for the streetcar line.
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200701188
ORDINANCE, submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, authorizing the sale of Russ Alley between Vine and Republic Streets, which real property is no longer needed for any municipal purpose, to 1629 Vine LLC. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 12/21/2007) (SEE DOC # 20080490 FOR REPORT)
Item Status/Referral/Recommendations:
PASS
*** INDEFINITELY POSTPONED
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800395
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/9/2008, to delete a special assessment on property at 835 Oak Street (Hamilton County Auditor's parcel 67-2-160), notwithstanding the provisions of Ordinance No. 162-2004.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0126-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800401
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/9/2008, authorizing the application and acceptance of a grant in the approximate amount of $11,028 from the Ohio Department of Public Safety to increase efforts to reduce speeding, enforce seatbelt laws, reduce aggressive driving, and ultimately reduce accidents in a cooperative enforcement effort with the Ohio State Highway Patrol and several other police agencies.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0127-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800402
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/9/2008, authorizing the application and acceptance of a grant in the approximate amount of $35,000 from the Ohio Department of Alcohol and Drug Addiction Services to provide funding for the maintenance and relocation of Flash-Cams to aid in identifying young offenders, and to use school resource officers to participate in interventions with these youth.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0128-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800403
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/7/2008, authorizing the sale of 1720-22 Pleasant Street to Urban Studio LLC, which real property is no longer needed for any municipal purpose.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0124-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

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:
PASS
*** PASSED 0125-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

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:
PASS EMERGENCY
*** PASSED EMERGENCY 0129-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

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:
PASS EMERGENCY
*** PASSED EMERGENCY 0130-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

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:
PASS EMERGENCY
*** PASSED EMERGENCY 0131-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

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:
PASS
*** PASSED 0132-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800489
ORDINANCE, (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/21/2008, authorizing the City of Cincinnati to continue to offer pick-up plans for the voluntary purchase of service credit for employees of the City of Cincinnati who are members of the Police and Fire Pension Fund ("OP&F").
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0133-2008
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

LAW & PUBLIC SAFETY COMMITTEE
Item #: 200800534
MOTION, dated 4/22/08, submitted by Councilmembers Berding and Ghiz, to create an Ambulance Transport Policy Task Force, consisting of the following members: 1.Business Leader, Co-Chair of the Task Force; 2. Councilmember Berding, Co-Chair of the Task Force; 3. City Councilmember Leslie Ghiz; 4. EMS District Chief, Cincinnati Fire Department; 5. Medical Director, Cincinnati Fire Department; 6. Assistant Chief, Cincinnati Fire Department; 7. Representative from a local hospital; 8. President, Cincinnati Fire Local 48; 9. Representative of the City Solicitor; 10. Representative from the City Budget Office; 11. Representative from 911 Fire Dispatch; 12. Representative from the City Health Department. WE FURTHER MOVE that this Task Force meet and identify within 30 days of passage of this motion the transportation, cost and medical data needed to review and develop an alternative medical transportation policy and plan for City Council approval. Such data will include: 1. Unit Hour Utilization for each existing ambulance/rescue unit; 2. Response time (in fractiles) for each ambulance and rescue unit to determine what percentage of our transportation units get to the scene within 8 minutes; 3. Response time for each of our first responders to medical emergencies (compared to fire responses); 4. Compliance rate for the Clinical Standards policy. WE FURTHER MOVE that the City Administration support the work of the Task Force with the collection of the data for a period of 120 days that will be provided to the Task Force. (BALANCE ON FILE) (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CRANLEY Y
MR. CROWLEY Y
MS. GHIZ Y
MR. MONZEL Y

Item #: 200800491
REPORT, dated 4/22/2008, submitted by Milton Dohoney, Jr., City Manager, regarding interim update on vicious dog legislative task force. (SEE DOCUMENT #200700992 FOR PREVIOUS REPORT)
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED