PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday September 23, 2009

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

Also in attendance were City Manager Milton Dohoney, Jr., 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:


Vice Mayor Crowley was excused.
MAYOR MALLORY
Item #: 200901313
APPOINTMENT, 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:
CONFIRM
*** CONFIRMED
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

Item #: 200901314
APPOINTMENT, 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:
CONFIRM
*** CONFIRMED
MR. BORTZ Y
MS. COLE N
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

Item #: 200901315
APPOINTMENT, 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:
CONFIRM
*** CONFIRMED
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

MR. BERDING
MS. GHIZ
MR. MONZEL
MR. BORTZ
Item #: 200901329
MOTION, dated 9/21/2009 submitted by Councilmembers Berding, Ghiz, Monzel and Bortz that the City of Cincinnati shall not levy taxes on stock option income; and WE FURTHER MOVE that Cincinnati City Council shall not increase property tax rate.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
MS. GHIZ
Item #: 200901330
COMMUNICATION, dated 8/3/2009 submitted by Councilmember Ghiz from Kimberly Hale, [Kyhm@cinci.rr.com] regarding theft of recycling cans.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;FINANCE COMMITTEE
***
Item #: 200901331
COMMUNICATION, submitted by Councilmember Ghiz, from Joe and Jessica Buringrud, 3801 Isabella Avenue, Cincinnati, Ohio 45209, regarding property located at 3805 Isabella Avenue.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;VIBRANT NEIGHBORHOODS,RECREATION,PARK & PUB SERV
***
MS. QUALLS
Item #: 200901332
COMMUNICATION, dated 9/1/2009 submitted by Councilmember Qualls, from Mary Anne Berry, 100 East Central Parkway #506, Cincinnati, Ohio 45202-7255 regarding burned out lighting along the riverfront.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;VIBRANT NEIGHBORHOODS,RECREATION,PARK & PUB SERV
***
CITY MANAGER
Item #: 200901319
ORDINANCE , dated 9/21/2009, submitted by Milton Dohoney, Jr., City Manager, AUTHORIZING the City Manager to enter into a Memorandum of Understanding ("MOU") for the restructuring of the Cincinnati Housing Development Fund into the new Build Cincinnati Development Fund, and to enter into agreements anticipated by the MOU on terms as the City Manager deems appropriate.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0262-2009
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

Item #: 200901320
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/23/2009, authorizing the City Manager to apply for, accept and appropriate a grant of approximately $1,000,000 from the State of Ohio's Deploying Renewable Energy: Wind and Solar grant program, for the purpose of installing a photovoltaic system at the Greater Cincinnati Water Works' facility at 4747 Spring Grove Avenue.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901321
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/23/2009, enacting new Sections 203-1-S4 and 203-7-C of the Cincinnati Municipal Code, "Employees' Retirement System", and AMENDING Sections 203-1-A, 203-1-C2, 203-1-M3, 203-7-B, 203-33, 203-43, and 203-44 of Chapter 203 of the Cincinnati Municipal Code, "Employees' Retirement System", to enable current or future City employees to purchase additional creditable service under the Cincinnati Retirement System for up to one year due to an unpaid authorized leave absence for any reason except for leaves due to corrective action from the disciplinary process provided the employee works at least one year after returning from leave.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901322
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/23/2009, dedicating, accepting and confirming the dedication of certain real property to public use for street purposes as Simpkinson Way and as an addition to Fort Washington Way in accordance with the plat designated "Fort Washington Way Dedication Phase 2."
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION;ECONOMIC DEVELOPMENT COMMITTEE
***
Item #: 200901318
REPORT dated, 9/23/2009, 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 Fountain Square Management Group LLC DBA Fountain Square, 520 Vine Street. (#2843422-0003, F8 Temporary Permit, F8 ) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200901326
REPORT, dated 9/23/2009, 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 Straughn LLC DBA (None Listed), 3128 Reading Road. (#8636219, Transfer of Ownership and Location, D5, D6) [Objections: The Avondale Community Council]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200901325
RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 9/23/2009, declaring the necessity of assessing for the unpaid cost and expense of necessary sidewalk, sidewalk area, curb and gutter construction, reconstruction and repairs estimated to be $605,647.66 made in accordance with Cincinnati Municipal Code Sections 721-149 to 721-169 for numerous sidewalk improvement projects.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
CITY PLANNING COMMISSION
FINANCE COMMITTEE
Item #: 200901260
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/10/2009, authorizing the City Manager to enter into the Contract for Sale of Land for Private Redevelopment for property at 1630 W. North Bend Road with Episcopal Retirement Homes, Inc.
Item Status/Referral/Recommendations:
PASS
*** HELD ON CALENDAR
CLERK OF COUNCIL
Item #: 200901333
COMMUNICATION, dated 9/16/2009 submitted by the Clerk of Council from Eric E. Landen, Frost Brown Todd Attorneys, 2200 PNC Center, 201 East Fifth Street, Cincinnati, Ohio 45202-4182, regarding Proposed Findings of Fact and Conclusions of Law - Westwood School.
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***
Item #: 200901334
COMMUNICATION, dated 9/18/2009 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 regardign New Permit Application, Permit #8871286, Class C-1-2, 3244 Fairfield, Inc., dba TJ Store, 3244 Fairfield Avenue, Cincinnati, Ohio 45207.
Item Status/Referral/Recommendations:
FILE
*** FILED
ECONOMIC DEVELOPMENT COMMITTEE
Item #: 200901289
ORDINANCE, (EMERGENCY) submitted by John P. Curp, City Solicitor, on 9/18/2009, NOTWITHSTANDING the provisions of Section 1427-09(g) of the Cincinnati Municipal Code, the Chief Building Official is authorized to issue any and all necessary permits for the installation of a roof sign for dunnhumby USA at 444 W. Third Street. (PUBLIC HEARING WAS HELD ON SEPTEMBER 22, 2009)
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0269-2009
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

FINANCE COMMITTEE
Item #: 200901229
ORDINANCE (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:
PASS EMERGENCY
*** PASSED EMERGENCY 0264-2009
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

Item #: 200901290
ORDINANCE (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:
PASS EMERGENCY
*** PASSED EMERGENCY 0265-2009
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

Item #: 200901293
ORDINANCE (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:
PASS EMERGENCY
*** PASSED EMERGENCY 0266-2009
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

Item #: 200901296
ORDINANCE (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:
PASS EMERGENCY
*** PASSED EMERGENCY 0267-2009
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

Item #: 200901298
ORDINANCE (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:
PASS EMERGENCY
*** PASSED EMERGENCY 0268-2009
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

Item #: 200901299
ORDINANCE 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:
PASS
*** PASSED 0263-2009
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

Item #: 200901300
ORDINANCE (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:
PASS EMERGENCY
*** HELD ON CALENDAR
Item #: 200901302
ORDINANCE (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:
PASS EMERGENCY
*** HELD ON CALENDAR
Item #: 200901303
ORDINANCE (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:
PASS EMERGENCY
*** HELD ON CALENDAR
Item #: 200901309
RESOLUTION, 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:
PASS
*** PASSED 0043-2009
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

LAW & PUBLIC SAFETY COMMITTEE
Item #: 200901324
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/22/2009, 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 9:00 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 a 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:
PASS EMERGENCY
*** PASSED EMERGENCY 0270-2009
MR. BORTZ Y
MS. COLE Y
MR. CROWLEY A
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y

Item #: 200901263
REPORT, dated 9/10/2009, submitted by Milton Dohoney, Jr., City Manager, regarding Inter-agency communication. (SEE DOCUMENT #200900906 FOR MOTION)
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED