PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday September 30, 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 #: 200901021
ORDINANCE, (EMERGENCY) submitted by Mayor Mallory, on 6/24/2009, NOTWITHSTANDING the provisions of Section 1427-07, Section 1427-17, Section 1427-19, Section 1435-13, Section 1435-15 of the Cincinnati Zoning Code, and Section 111-5, Section 895-5, Section 895-13, Section 895-15 and Section 895-19 of the Cincinnati Municipal Code, authorizing the Chief Building Official to issue any and all necessary permits for the installation of a mural with words at 2392 Wheeler Street, 3841 Spring Grove Avenue, 3564 Montgomery Road, 2114 Madison Road, 1733 Dirr Street and SORTA Bridge #3.92.
Item Status/Referral/Recommendations:
HELD ON COUNCIL CALENDAR
*** INDEFINITELY POSTPONED
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. BORTZ Y

MR. BERDING
Item #: 200901347
ORDINANCE, submitted by Councilmember Berding on 9/28/2009, AUTHORIZING payment to Queen City Electric in the amount of $9,965.80 for work performed as part of City contract No. 071C009008, notwithstanding the provisions of Chapter 323 of the Cincinnati Municipal Code, other purchasing related ordinances and regulations and any other provisions of the Cincinnati Municipal Code which would prohibit such payment.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
MS. COLE
Item #: 200901349
RESOLUTION, dated 9/30/2009 submitted by Councilmember Cole, Recognizing the lifelong contributions of John R. Price II and expressing Council's sincere appreciation for his efforts and accomplishments as founder of Cincinnati Neighborhood Business Districts United.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0045-2009
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. BORTZ Y

Item #: 200901350
RESOLUTION, dated 9/30/2009 submitted by Councilmember Cole, recognizing the lifelong contributions of James Austin Franklin and expressing Council's sincere appreciation for his numerous efforts and accomplishments as community activist, political advisor and Democratic Ward Chair.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0046-2009
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. BORTZ Y

MS. QUALLS
MS. COLE
MR. BORTZ
MR. BERDING
MR. CROWLEY
Item #: 200901031
MOTION, dated 6/24/2009 submitted by Councilmembers Qualls, Cole, Bortz, Berding and Vice Mayor Crowley, that before disbursing any funds for the Jimmy Heath House, the City Manager must submit to Council a recommended service plan for Jimmy Heath House for Council's approval.
Item Status/Referral/Recommendations:
HELD ON COUNCIL CALENDAR
*** FILED
CITY MANAGER
Item #: 200901338
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/30/2009, enacting new Sections 203-1-L, 203-1-P2, and 203-135 of the Cincinnati Municipal Code, "Employees' Retirement System", and AMENDING Sections 203-1-A-3, 203-27A, 203-117, 203-119, 203-123, 203-129 and 203-131 of Chapter 203 of the Cincinnati Municipal Code "Employees' Retirement System", to incorporate revisions and new provisions required by various sections of the Internal Revenue Code and regulations adopted thereunder that are necessary to maintain the qualified status of the City of Cincinnati's retirement system.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901339
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/30/2009, establishing the employment classifications of Utility Technician, Maintenance Fabrication Apprentice, Maintenance Fabrication Specialist, Maintenance Fabrication Crew Leader and Wastewater Collection Equipment Specialist within the Wastewater Collection Division of the Metropolitan Sewer District and fixing the compensation schedules therefore, by ordaining supplementary Sections 604, 673, 674, 675 and 723 in Division I, Chapter 307 of the Cincinnati Municipal Code.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901340
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/30/2009, authorizing the City Manager to establish terms and conditions in order for Xavier University to provide water services to two private properties on Ledgewood Avenue, notwithstanding Cincinnati Municipal Code Section 401-69, Resale of Water Prohibited.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901337
REPORT, dated 9/30/2009, submitted by Milton Dohoney, Jr., City Manager, regarding Hendy Memorial Park II. (SEE DOCUMENT #200901275 FOR COMMUNICATION)
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,RECREATION,PARK & PUB SERV
***
CLERK OF COUNCIL
Item #: 200901345
REGISTRATION, submitted by the Clerk of Council from Legislative Agent Charles H. Gerhardt, III, Consultant, President, Government Strategies Group, LLC., 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200901346
REGISTRATION, submitted by the Clerk of Council from Legislative Agent James T. Benedict, Consultant, Government Strategies Group, 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED
ECONOMIC DEVELOPMENT COMMITTEE
Item #: 200900735
REPORT, dated 5/19/2009, submitted by Milton Dohoney, Jr., City Manager, regarding Water District Proposal.
Item Status/Referral/Recommendations:
APPROVE & FILE
*** REFERRED BACK TO ECONOMIC DEVELOPMENT
COMMITTEE

FINANCE COMMITTEE
Item #: 200900561
MOTION, dated 4/15/2009 submitted by Councilmember Monzel that the City Manager is hereby directed to make available on the City's internet website a list of all stimulus grants that the City of Cincinnati has applied for as well as all pertinent information related to the status of said funds, such as description of the project, the name of each neighborhood that would be impacted, the number of new jobs created, the timeline for project completion and the total amount of funding requested and received, and other related information.
Item Status/Referral/Recommendations:
ADOPT
*** FILED
Item #: 200900166
ORDINANCE, (EMERGENCY), dated 02/09/2009, submitted by Councilmember Cecil Thomas, from John P. Curp, City Solicitor, AMENDING Ordinance 329-2008, which established a new capital improvement program and authorized the transfer and disbursement of the sum of $300,000 for expenditures related to the Glencoe Hotel and Condominiums project in Mt. Auburn for the purpose of limiting the use of the sum of $300,000 to providing funding for building stabilization related to the Glencoe Hotel and Condominiums project in Mt. Auburn.
Item Status/Referral/Recommendations:
PASS
*** INDEFINITELY POSTPONED
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. BORTZ Y

Item #: 200900160
REPORT, dated 02/09/2009, submitted by Milton Dohoney, Jr., City Manager on an ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 1/22/2009, amending Section 203-33 of the Cincinnati Municipal Code, "Service Retirement Allowance; Vesting", in order to modify the existing procedure applicable to City employees who have outstanding City retirement loans, and who are eligible to apply for deferred retirement with the Cincinnati Retirement System, by providing more flexibility regarding repayment of the retirement loans while still resulting in full loan repayment to the Cincinnati Retirement System. (SEE DOCUMENT # 200900055 FOR ORDINANCE)
Item Status/Referral/Recommendations:
APPROVE & FILE
*** REFERRED BACK TO FINANCE COMMITTEE
VIBRANT NEIGHBORHOODS,RECREATION,PARK & PUB SERV
Item #: 200900360
MOTION, dated 03/12/2009 submitted by Councilmember Monzel that NHI funding should only be used to fund projects in the non-NSP funded neighborhoods.
Item Status/Referral/Recommendations:
ADOPT
*** FILED
Item #: 200901291
ORDINANCE (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:
PASS EMERGENCY
*** PASSED EMERGENCY 0271-2009
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. BORTZ Y

Item #: 200901344
RESOLUTION, dated 09/28/2009, submitted by Councilmember Qualls from John P. Curp, City Solicitor, expressing the support of the Council of the City of Cincinnati for the Over-The-Rhine Foundation's application to the state of Ohio for the stimulus funding to implement a receivership program in Over-The-Rhine in order to assist in its historic rehabilitation.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0044-2009
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. BORTZ Y