PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday June 04, 2008

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

Also in attendance were City Manager Milton Dohoney, Jr. Asst. City Solicitor Ernest McAdams 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 Thomas was excused.
MAYOR MALLORY
Item #: 200800659
REAPPOINTMENT, dated 5/15/2008 submitted by Mayor Mark Mallory, pursuant to Section 4 of the Cincinnati Museum Bylaws and by Section 4 of the Articles of Incorporation of the Cincinnati Museum Association, I recommend the re-appointment of Mr. Calvin Buford to the Board of Trustees of the Cincinnati Art Museum. Mr. Buford, a resident of Cincinnati, and currently a Partner at Dinsmore & Shohl in the Corporate Department and Chair of their Diversity Committee. Mr. Buford will serve a term of six years set to expire on March 31, 2013.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS A
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y

MR. MONZEL
Item #: 200800683
MOTION, dated 5/27/2008 submitted by Councilmember Monzel, that the City Manager immediately implement a system that will make available, in a searchable database on the city's website, all city expenditures broken down by department as well as aggregate totals. This system should be modeled on the Government Accountability in Spending Program (GASP) that Hamilton County is currently considering. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800684
MOTION, dated 5/28/2008 submitted by Councilmember Monzel, that the City of Cincinnati rollback the 2009 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:
FINANCE COMMITTEE
***
MS. QUALLS
Item #: 200800685
RESOLUTION, dated 5/29/2008 submitted by Councilmember Qualls, EXPRESSING the support of Council for a fully-funded renewal of the Clean Ohio Fund bond package which will be placed on the November 4, 2008 ballot, in order to meet the growing demand for green space conservation projects, brownfield revitalization, recreational trail development, farmland preservation and other important projects related to the Clean Ohio Fund.
Item Status/Referral/Recommendations:
HEALTH,ENVIRONMENT & EDUCATION
***
CITY MANAGER
Item #: 200800668
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/4/2008, authorizing a Community Reinvestment Area real property tax exemption for a period of 15 years for eight newly-constructed condominium units in the upper two stories of the Schoolhouse Lofts Condominium, notwithstanding the provisions of Ordinance No. 119-2007.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800672
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/4/2008, amending Ordinance No. 412-2002, passed on December 18, 2002, to remove certain real property from the District 2 - Downtown South/Riverfront District Incentive District; and declaring an emergency.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800673
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/4/2008, approving the City's plan for the redevelopment of certain real property generally located on the easterly side of Sycamore Street between Third and Fourth Streets and authorizing the execution of a Cooperative Tax Increment Financing and Redevelopment Agreement among the City, the Port of Greater Cincinnati Development Authority, The Western and Southern Life Insurance Company and Queen City Square Development I, LLC as part of the implementation of that plan; DECLARING the improvement to that property resulting from that redevelopment to be a public purpose and exempt from real property taxation for a period of time and authorizing the deposit and application of service payments in lieu of taxes, the creation of a separate account for the deposit of a portion of the service payments, the execution of a service agreement with the Port Authority to provide for those service payments and to provide for the imposition of a continuing priority lien to secure the payment of those service payments, and authorizing related instruments, agreements and actions pursuant to Ohio Revised Code Section 5709.41 and related statutory provisions; ASSIGNING to the Port Authority a portion of the service payments derived from such property and related agreements in order to permit the construction of certain improvements to assist in that redevelopment; AUTHORIZING the execution of a City Funding Agreement with the Port Authority to fund identified improvements in order to further assist the Port Authority in the redevelopment of that property; AUTHORIZING the execution of a Public Improvements Construction Agreement with Queen City Square Development I, LLC to provide for construction of certain public improvements necessary in connection with the redevelopment of that property; DECLARING City ordinances and regulations and State laws and regulations applicable to contracts of the City to be inapplicable to the above agreements for the redevelopment of that property, except as may be provided therein; and declaring an emergency.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800674
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/4/2008, authorizing the Board of Health to apply for and accept a grant totaling $9,212.75 from the Ohio Commission on Minority Health for the purpose of funding "Local Conversations Day" as part of the National Partnership for Action ("NPA")Local Conversations Program, which will engage community leaders and key community members regarding the issue of which steps can be taken to improve the effectiveness and efficiency of health services provided to minority members of the Cincinnati community.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800676
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/4/2008, establishing new capital improvement program project account no. 980x981x03509, "Clean Diesel Grant," and further AUTHORIZING the City Manager to apply for and accept a Clean Diesel Initiative Grant up to the amount of $339,285.16 from the Environmental Protection Agency - Midwest for the purpose of providing funding for the Fleet Services Division of the Public Services Department to retrofit up to 52 trucks with diesel particulate filters that will reduce the emissions of particulate matter by 90% or more and the emissions of oxides of nitrogen by 4 to 5%.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800678
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/4/2008, authorizing the City Manager to enter into an agreement with, and ACCEPTING the conveyance of real property parcels between Elm Street, Race Street, Fourteenth Street known as the Washington Park School property from The Board of Education of the City School District of the City of Cincinnati as a part of the plan for the expansion of Washington Park; and declaring an emergency.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200800296
REPORT, (SUPPLEMENTAL) dated 6/4/2008, submitted by Milton Dohoney, Jr., City Manager, on a report, dated 03/17/2008, submitted by Milton Dohoney, Jr., City Manager, on a Motion, dated 02/29/2008 submitted by Councilmember Cole, on the feasibility of purchasing an insurance policy for community councils and assessing the community councils the cost. (SEE DOCUMENT #200800209 FOR ADOPTED MOTION)
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,RECREATION & PUBLIC SERVICES
***
CITY PLANNING COMMISSION
Item #: 200800686
ORDINANCE, dated 5/22/2008 submitted by Charles C. Graves, III, Planning Director, TO REZONE certain property located at 400 East Martin Luther King Jr. Drive in the Avondale neighborhood from the IR, Institutional - Residential District to the CC-A, Commercial Community - Auto-oriented District. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 4/18/2008) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON TUESDAY, JUNE 17, 2008 AT 12:00 P.M.)
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***
CITY PLANNING COMMISSION
ECONOMIC DEVELOPMENT COMMITTEE
Item #: 200800639
ORDINANCE, (EMERGENCY) submitted by Charles C. Graves, III, Director, City Planning Department, TO REZONE certain property in the vicinity of Matson Place, Mt. Hope Avenue, Price Avenue and West Eighth Street in the West Price Hill neighborhood from SF-2, Single Family District, SF-4, Single Family District, RMX, Residential Mixed, and RM 0.7, Multi-family District to PD No. 53, Planned Development District. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 5/2/2008)(PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 3, 2008 AT 12:00 P.M.)(MR. CRANLEY IS EXCUSED FROM VOTING ON THIS ITEM)
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0191-2008
MS. GHIZ Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS A
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY E
MR. CROWLEY Y

CITY PLANNING COMMISSION
FINANCE COMMITTEE
Item #: 200800589
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/14/2008, accepting the conveyance of real property located on the easterly side of Sycamore Street between Third and Fourth Streets from The Western and Southern Life Insurance Company to the City as part of the City's plan for the redevelopment of the property; AUTHORIZING the short-term lease of the property to The Western and Southern Life Insurance Company for operation of the existing parking garage on the property; and further AUTHORIZING the reconveyance of fee title to that real property by the City to the Port of Greater Cincinnati Development Authority for construction of the Queen City Square II project, or to The Western and Southern Life Insurance Company or its designee should the redevelopment project not proceed; and declaring an emergency.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0190-2008
MS. GHIZ Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS A
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y

CLERK OF COUNCIL
Item #: 200800680
COMMUNICATION, dated 5/27/2008 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 2008-2009 Renewal Application, Permit #1886167, Class D-5-6, D L Lack Corp. dba Don's Glenway Gate, 5077 Glenway Avenue, Cincinnati, Ohio 45238. Meeting will be held on June 30, 2008 at 10:45 a.m. in Room B.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800681
COMMUNICATION, dated 5/27/2008 submitted by the Clerk of Council, from James P. Bally, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding 2008-2009 Renewal Application, Permit #0346757, Class C-1-2, D-6, Azzouzi Enterprises LLC, dba Overlook Express, 811 Overlook Avenue, Cincinnati, Ohio 45238. Hearing will be held on June 30, 2008 at 1:30 p.m. in Room B.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800682
COMMUNICATION, dated 5/27/2008 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 #2656902, Class C-2, Fatima, Ltd. dba Price Hill Marathon, 3421 Warsaw Avenue, Cincinnati, Ohio 45205. Hearing will be held on June 30, 2008 at 10:00 am in Room B.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800688
MEMO, dated 5/14/2008 submitted by the Clerk of Council from Mayor Mark Mallory calling a special session of City Council/Joint Meeting with CPS Board of Education to take place on Monday, June 2, 2008 at 4:00 pm in City Council Chambers. The agenda will include discussions regarding: City/CPS Facilities Master Plan Coordination, School Resource Officers and School Nurses, Update on the Superintendent Search Committee Process, Workforce Development/Green Workforce Development.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800689
NOTICE, dated 5/19/2008 submitted by the Clerk of Council to Mayor and all Councilmembers of a Joint Special Session of Cincinnati City Council with the Cincinnati Public Schools Board of Education on Monday, June 2, 2008 at 4:00 p.m. in Council Chambers.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800687
RECEIPT, signed by the Mayor and all Councilmembers of notice of special session of City Council to be held on Monday, June 2, 2008 at 4:00 p.m. in City Hall Council Chambers.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200800691
VERIFICATION of public notice of joint special session with the Cincinnati Public Schools Board of Education on Monday, June 2, 2008 at 4:00 p.m. in Council Chambers.
Item Status/Referral/Recommendations:
FILE
*** FILED
ECONOMIC DEVELOPMENT COMMITTEE
Item #: 200800658
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/29/2008, modifying the provisions of Cincinnati Municipal Code Title XVI, "Neighborhood Quality of Life Uniform Code" by enacting Section 1601-46, "Prohibited Sign Types and Locations."
Item Status/Referral/Recommendations:
PASS
*** PASSED 0192-2008
MS. GHIZ Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS A
MR. BERDING Y
MR. BORTZ Y
MS. COLE Y
MR. CRANLEY Y
MR. CROWLEY Y

Item #: 200800475
REPORT, dated 5/20/2008, submitted by Milton Dohoney, Jr., City Manager, on a 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:
APPROVE & FILE
*** APPROVED & FILED