Wednesday September 16, 2009
Council convened at 6:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cole, Ghiz Harris, Monzel, Qualls and Thomas (8)
Also in attendance were Asst. City Manager Scott Stiles and John Curp, City Solicitor 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:
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Vice Mayor Crowley was excused.
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Item #: 200901313APPOINTMENT, dated 9/16/2009, submitted by Mayor Mark Mallory, pursuant to the authority granted by City of Cincinnati Ordinance 260-198 and 0239-2009, I appoint Mr. Robert Rogers to the City Accessibility Board of Advisors. Mr. Rogers, a resident of Cincinnati, was a member of the Public Works Accessibility Committee which was renamed the CABA under Ordinance 0239-2009. This term is a two year term set to expire on September 30, 2011.Item Status/Referral/Recommendations: HELD ONE WEEK PURSUANT TO RULE OF COUNCIL *** HELD ON CALENDAR ONE WEEK | ||||||||||||||||||
Item #: 200901314APPOINTMENT, dated 9/16/2009 submitted by Mayor Mark Mallory, pursuant to the authority invested in me by Motion #200900873, I hereby appoint Mr. Michael Connelly to the SBE Leadership Committee. Mr. Connelly is a resident of Hamilton County and was a member of the OPEN Cincinnati Task Force. He is the current Chair and Sr. Vice President of the Fortess, Inc. Mr. Connelly will serve a term of three years set to expire on September 30, 2012.Item Status/Referral/Recommendations: HELD ONE WEEK PURSUANT TO RULE OF COUNCIL *** HELD ON CALENDAR ONE WEEK | ||||||||||||||||||
Item #: 200901315APPOINTMENT, dated 9/16/2009 submitted by Mayor Mark Mallory, pursuant to the authority granted by Article VII, Section 2 of the Cincinnati Charter and subject tot he consent of Council, I hereby appoint Christie Bryant to the Planning Commission. Ms. Bryant, a resident of Cincinnati, is the Staff Attorney or American Family Insurance. She holds a J.D. from the University of Cincinnati College of Law and is currently serves on the Board of the African American Chamber of Commerce. Ms. Bryant will serve a term set to expire on September 30, 2014.Item Status/Referral/Recommendations: HELD ONE WEEK PURSUANT TO RULE OF COUNCIL *** HELD ON CALENDAR ONE WEEK | ||||||||||||||||||
Item #: 200901311ORDINANCE, (EMERGENCY) submitted by Mayor Mark Mallory, on 9/16/2009, AUTHORIZING the transfer of the sum of $7,500 from General Fund personnel account no. 050x030x7100 to General Fund non-personnel account no. 050x030x7200 for the purpose of adjusting the office budget of Mayor Mallory.Item Status/Referral/Recommendations: PASSED EMERGENCY *** PASSED EMERGENCY 0261-2009
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Item #: 200900923MOTION, dated 6/16/2009, submitted by Councilmembers David Crowley, Jeff Berding, Leslie Ghiz, and Chris Bortz, WE MOVE that the City Manager is authorized to request from the Ohio General Assembly an amendment to the Ohio Revised Code that recognizes the Cincinnati Retirement System as the retirement system for potential Water District employees;Item Status/Referral/Recommendations: ECONOMIC DEVELOPMENT COMMITTEE *** REFERRED BACK TO ECONOMIC DEVELOPMENT
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Item #: 200900921ORDINANCE, submitted by John P. Curp, City Solicitor, on 6/16/2009, Authorizing the City Manager to do all things required to prepare, sign, and file a Petition to organize a regional water District to be known as the "Greater Cincinnati Regional Water District" pursuant to Section 6119.10 of the Ohio Revised Code, which proposed District shall initially consist of and be coterminous with the incorporated territory of the City of Cincinnati.Item Status/Referral/Recommendations: ECONOMIC DEVELOPMENT COMMITTEE *** REFERRED BACK TO ECONOMIC DEVELOPMENT
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Item #: 200901306COMMUNICATION, dated 9/8/2009 submitted by Councilmember Cole from John W. Harrison, 1757 Marquette Avenue, Cincinnati, Ohio 45230-1815, regarding the misuse of Greater Cincinnati Water Works (GCWW) Restricted Funds by City Manager Milton Dohoney, Jr. and (GCWW) Management by using Cincinnati Water Works vehicles, equipment and personnel for past City street snow & ice removal services.Item Status/Referral/Recommendations: CITY MANAGER FOR REPORT;FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901307COMMUNICATION, submitted by Councilmember Cole, from Ronald Case, 4508 Homer Avenue, Cincinnati, Ohio 45227, requesting speed bumps for Homer Avenue between Bramble and Roe Streets.Item Status/Referral/Recommendations: CITY MANAGER FOR REPORT;VIBRANT NEIGHBORHOODS,RECREATION,PARK & PUB SERV *** | ||||||||||||||||||
Item #: 200901308COMMUNICATION, dated 9/12/2009 submitted by Councilmember Monzel, from C.J.Gunn, 119 Huntington Place, Cincinnati, Ohio 45219, regarding drug deals taking place on his street.Item Status/Referral/Recommendations: CITY MANAGER FOR REPORT;LAW & PUBLIC SAFETY COMMITTEE *** | ||||||||||||||||||
Item #: 200901316PETITION, submitted by Councilmember Qualls from Gerry Wolter, 2341 Maryland Street, Cincinnati, Ohio 45224, regarding No Barge at Former Hilltop site. (ON FILE IN CLERK'S OFFICE)Item Status/Referral/Recommendations: FILED *** FILED | ||||||||||||||||||
Item #: 200901309RESOLUTION, dated 9/11/2009 submitted by Councilmember Qualls, SUPPORTING the Cincinnati Center City Development Corporation ("3CDC") in its efforts to receive Ohio State Historic Preservation Tax Credits for the redevelopment of the Over-the-Rhine projects known as Mercer Commons, the Cincinnati Color Building, and the Germaina Beer Hall, all of which are consistent with the Over-the-Rhine ("OTR") and the downtown Cincinnati strategic plans and are in-line with the commitment of the City of Cincinnati and 3CDC to revitalize Over-the-Rhine.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901229ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the establishment of new Community Development Block Grant project account no. 304x162x91431, "Gateway IV"; and, further AUTHORIZING the transfer and appropriation of the sum of $960,000 from the Community Development Block Grant project accounts to the attached schedule of transfer to newly created Community Development Block Grant project account no. 304x162x91431, "Gateway IV", for the purpose of funding a portion of the Gateway IV project.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901287ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the City Manager or his designee to authorize the issuance of a permit allowing amplification of sound on Fountain Square from 7:00 a.m. to 8:00 a.m. on Friday, September 25, 2009, for an event hosted by Fountain Square Management Group and Fox19 which event is a television pilot for potential television show to occur next summer on Fountain Square, notwithstanding the time limit restrictions regarding sound amplification contained in Section 713-5 of the Cincinnati Municipal Code.Item Status/Referral/Recommendations: LAW & PUBLIC SAFETY COMMITTEE *** | ||||||||||||||||||
Item #: 200901290ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the City Manager to execute a Funding Agreement for the Grant of City Funds with Gateway II, LLC in the amount of $3,876,989.00 ("City Funding Agreement") in order to assist in the redevelopment of the property located at the 1400 block of Vine Street and Republic Street, including the construction of 15,000 square feet of commercial space and 32 residential apartment units and the contribution toward debt service on a loan associated with the construction; and declaring an emergency.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901291ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, accepting and confirming the dedication of Hassman Court and an addition to Rockford Place to public use for street purposes as shown on the dedication plat designed "Dedication Plat, Rockford Woods Phase II."Item Status/Referral/Recommendations: VIBRANT NEIGHBORHOODS,RECREATION,PARK & PUB SERV *** | ||||||||||||||||||
Item #: 200901292ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the City Manager to apply for and accept a grant in the approximate amount of $76,000.00 from the Ohio Department of Natural Resources for the purposes of conducting a tree canopy flyover and analysis of the City's urban forest; and further AUTHORIZING the transfer and appropriation of the sum of $141,095.00 from the unappropriated surplus of the Forestry Fund 792 to Parks Department's operating account no. 792x202x6000x7289 for the purpose of conducting a tree canopy flyover and analysis of the City's urban forest.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901293ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the transfer of the sum of $3,700.00 from the General Fund 050 non-personnel services account no. 050x013x7200 to the unappropriated surplus in the General Fund 050; and further AUTHORIZING the transfer of $1,600.00 from the General Fund 050 personnel services account no. 050x013x7100 to the unappropriated surplus in the General Fund 050 for the purpose of adjusting the office budget of Councilmember Berding.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901294ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the granting of an easement for electric service to Duke Energy Ohio, Inc., on City of Cincinnati owned real property located at the rear of 4710 Madison Road, which grant is not adverse to the interest in the real property retained by the City of Cincinnati.Item Status/Referral/Recommendations: CITY PLANNING COMMISSION;FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901296ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, authorizing the City Manager to amend the budget for the Stimulus Byrne Justice Assistance Formula Grant Program ("JAG"), from the Bureau of Justice Assistance.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901297ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the transfer of the sum of $1,910,720.00 within the General Fund from various operating accounts to the unappropriated surplus according to the attached schedule of transfers for the purpose of implementing cost savings days for non-represented employees, employees belonging to the Cincinnati Organized and Dedicated Employees (CODE) collective bargaining unit, and employees belonging to the Fraternal Order of Police (FOP) Queen City Lodge No. 69 in order to realign expenditures with current revenue estimates.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901298ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the transfer of the sum of $5,019,040.00 within the General Fund from various operating accounts to the unappropriated surplus according to the attached schedule of transfer for the purpose of realigning expenditures with current revenue estimates.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901299ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, modifying the titles of Restricted Funds 393 and 454, relating to the Metropolitan Medical Response System, for the purpose of clarifying the description of funds in each account by distinguishing contract funds from grant funds.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901300ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the transfer of the sum of $6,487,900.00 from the unappropriated surplus of the Income Tax Permanent Improvement Fund 758 to the unappropriated surplus of the General Fund 050 for the purpose of providing resources for the 2009 General Fund Operating Budget.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901301ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the transfer of the sum of $98,750 from various restricted fund accounts to the unappropriated surpluses according to the attached schedules of transfer for the purpose of implementing cost savings days for non-represented employees.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901302ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the transfer of the sum of $559,190.00 from various restricted fund accounts to the unappropriated surplus according to the attached schedules of transfer for the purpose of realigning expenditures with current revenue estimates.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901303ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/16/2009, authorizing the transfer and return to source Other City Deposits Fund 638, the sum of $1,297,000 from existing capital improvement program project accounts according to the attached schedule of transfer; and further AUTHORIZING the transfer of $1,297,000 from the unappropriated surplus of Other City Deposits Fund 638 to the unappropriated surplus of General Fund 050 for the purpose of providing resources for the 2009 General Fund Operating Budget.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901276REPORT, dated 9/16/2009, 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 Popes Market LLC DBA Popes Market, 2306 Vine Street. (#7020111, Transfer of Stock, C1, C2) [Objections: None]Item Status/Referral/Recommendations: FILE *** FILED | ||||||||||||||||||
Item #: 200901277REPORT, dated 9/16/2009, 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 Walgreen Co. DBA Walgreens #07181, 4241 Glenway Avenue. (#935794107181, New, C1, C2, D6) [Objections: None]Item Status/Referral/Recommendations: FILE *** FILED | ||||||||||||||||||
Item #: 200901278REPORT, dated 9/16/2009, 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 West 8th 3603 Inc. DBA West 8th Carryout, 3603 West 8th Street. (#9556024, Transfer of Stock, C1, C2) [Objections: None]Item Status/Referral/Recommendations: FILE *** FILED | ||||||||||||||||||
Item #: 200901279REPORT, dated 9/16/2009, 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 Walgreen Co. DBA Walgreen's #06449, 8254 Vine Street. (#935794106449, New, C1, C2, D6) [Objections: None]Item Status/Referral/Recommendations: FILE *** FILED | ||||||||||||||||||
Item #: 200901280REPORT, dated 9/16/2009, 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 Walgreen Co. DBA Walgreen's #05716, 1776 Seymour Avenue. (#935794105716, New, C1, C2, D6) [Objections: None]Item Status/Referral/Recommendations: FILE *** FILED | ||||||||||||||||||
Item #: 200901281REPORT, dated 9/16/2009, 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 Walgreen Co. DBA Walgreen's #00272, 1 West Corry Street. (#935794100272, New, C1, C2, D6) [Objections: None]Item Status/Referral/Recommendations: FILE *** FILED | ||||||||||||||||||
Item #: 200901282REPORT, dated 9/16/2009, 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 Walgreen Co. DBA Walgreen's #07182, 3186 Harrison Avenue. (#935794107182, New, C1, C2, D6) [Objections: None]Item Status/Referral/Recommendations: FILE *** FILED | ||||||||||||||||||
Item #: 200901283REPORT, dated 9/16/2009, 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 Walgreen Co. DBA Walgreen's #04246, New, C1, C2, D6) [Objections: None]Item Status/Referral/Recommendations: FILE *** FILED | ||||||||||||||||||
Item #: 200901295REPORT, dated 9/16/2009, submitted by Milton Dohoney, Jr., City Manager, regarding Department of Finance reports for the month ended August 31, 2009.Item Status/Referral/Recommendations: FINANCE COMMITTEE *** | ||||||||||||||||||
Item #: 200901310COMMUNICATION, dated 9/9/2009 submitted by the Clerk of Council from Robert W. Wheaton, AICP, Agent for Sprint, 3659 Green Road, Suite 317, Cleveland, Ohio 44122, regarding Transcript for the Notice of Appeal - Case No. ZH20090050.Item Status/Referral/Recommendations: ECONOMIC DEVELOPMENT COMMITTEE *** | ||||||||||||||||||
Item #: 200901165REPORT, dated 9/2/2009, submitted by Milton Dohoney, Jr., City Manager, regarding 5515 Madison Road crosswalk. (SEE DOCUMENT #200900216 FOR COMMUNICATION)Item Status/Referral/Recommendations: APPROVE,FILE & ADVISE *** APPROVED, FILED & ADVISED | ||||||||||||||||||
Item #: 200901213REPORT, dated 9/2/2009, submitted by Milton Dohoney, Jr., City Manager, regarding street calming for Grand Vista Avenue (Revised).Item Status/Referral/Recommendations: APPROVE & FILE *** APPROVED & FILED | ||||||||||||||||||
Item #: 200901214REPORT, dated 9/2/2009, submitted by Milton Dohoney, Jr., City Manager, regarding street calming for Aikenside Avenue. (Revised)Item Status/Referral/Recommendations: APPROVE & FILE *** APPROVED & FILED | ||||||||||||||||||
Item #: 200901215REPORT, dated 9/2/2009, submitted by Milton Dohoney, Jr., City Manager, regarding street calming for Wunder Avenue. (Revised)Item Status/Referral/Recommendations: APPROVE & FILE *** APPROVED & FILED | ||||||||||||||||||
Item #: 200901216REPORT, dated 9/2/2009, submitted by Milton Dohoney, Jr., City Manager, regarding street calming for Purcell Avenue.Item Status/Referral/Recommendations: APPROVE & FILE *** APPROVED & FILED | ||||||||||||||||||
Item #: 200901217REPORT, dated 9/2/2009, submitted by Milton Dohoney, Jr., City Manager, regarding street calming for Tahiti Drive.Item Status/Referral/Recommendations: APPROVE & FILE *** APPROVED & FILED | ||||||||||||||||||
Item #: 200901218REPORT, dated 9/2/2009, submitted by Milton Dohoney, Jr., City Manager, regarding street calming for Observatory Drive.Item Status/Referral/Recommendations: APPROVE & FILE *** APPROVED & FILED | ||||||||||||||||||
Item #: 200901251REPORT, dated 9/10/2009, submitted by Milton Dohoney, Jr., City Manager, regarding changes to the City's Historic Conservation Ordinance and the McKinley School Building. (SEE DOCUMENT #200900859 FOR COMMUNICATION)Item Status/Referral/Recommendations: APPROVE,FILE & ADVISE *** APPROVED, FILED & ADVISED |