PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday October 14, 2009

Council convened at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Ghiz, Harris, Monzel, Qualls and Thomas (7)

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 and Councilmember Cole were excused.
MAYOR MALLORY
Item #: 200901361
APPOINTMENT, 9/28/2009 submitted by Mayor Mark Mallory, pursuant to the authority invested in me by Motion #200900873, I hereby appoint Ms. Crystal German to the SBE Leadership Committee. Mrs. German, a resident of Hamilton County, was a member of the OPEN Cincinnati Task Force. She is currently the Vice President for the Minority Business Accelerator and Economic Inclusion at the Cincinnati USA Regional Chamber of Commerce. Ms. German will serve a term of three years set to expire on September 30, 2012.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901362
APPOINTMENT, dated 9/28/2009 submitted by Mayor Mark Mallory, pursuant to the authority invested in me by Motion #200900873, I hereby appoint Mr. Jose Guerra to the SBE Leadership Committee. Mr. Guerra, a resident of Hamilton County, is the President of L5 Source, a small business that focuses on software development. He is the founder of the Hispanic IT Executive Council and President Emeritus of the Cincinnati Chapter for the National Society of Hispanic MBAs. Mr. Guerra will serve a term of three years set to expire on September 30, 2012.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901363
APPOINTMENT, dated 9/28/2009 submitted by Mayor Mark Mallory, pursuant to the authority invested in me by Motion #200900873, I hereby appoint Mrs. Icy Williams to the SBE Leadership Committee. Mrs. Williams, a resident of the City of Cincinnati, has worked at P&G for the last 30 years. Her most recent post was the former Associate Director for Corporate Supplier Diversity Development for P&G. Mrs. Williams is a Board Member for South Central Ohio Minority Supplier Development Council, Greater Cincinnati/Northern Kentucky African American Chamber, and Corporate Member of the Greater Cincinnati Regional Chamber Minority Business Accelerator Initiative. Mrs. Williams will serve a term of three years set to expire on September 30, 2012.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901375
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to the authority granted me in Ordinance 452-1990, I recommend the appointment of Sean Rhiney to the Vice Chair post for the Cincinnati Arts Allocation Committee. Mr. Rhiney, a resident of Cincinnati, is the General Counsel and Co-Founder of Midpoint Music Festival. The Vice Chairperson appointment is for one year said to expire September 30, 2010.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901376
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to the authority granted me in Ordinance 452-1990, I recommend the appointment of Jeaunita Olowe to the Chair post for the Cincinnati Arts Allocation Committee. Ms. Olowe, a resident of Cincinnati, has been an active member of the Cincinnati Arts Allocation Committee since 2004. She is a dancer, choreographer, Education Director, and Company Manager for Bi-Okoto Drum & Dance Theater. The Chairperson appointment is for one year said to expire September 30, 2010
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901377
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to the authority granted me in Ordinance 452-1990, I recommend the appointment of Mr. Dale Doerman to the Cincinnati Arts Allocation Committee. Mr. Doerman is an actor, playwright, director, theatre critic, arts administrator and arts educator in Cincinnati. He has experience as a grant review panel member and on-site reviewer with the Ohio Arts Council. A resident of Cincinnati, he is currently an adjunct faculty member at the University of Cincinnati's College Conservatory of Music. Mr. Doerman will serve a three year term set to expire on September 30, 2012.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901378
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to the authority granted me in Ordinance 452-1990, I recommend the appointment of Ms. Piper Davis to the Cincinnati Arts Allocation Committee. Ms. Davis a resident of Cincinnati, is an actress, singer, drama coach, arts administrator and arts education program coordinator in Cincinnati. Ms. Davis has experience in visual arts as a gallery coordinator and is currently the Coordinator for the after-school arts program at Emanuel Community Center. Ms. Davis will serve a three year term set to expire on September 30, 2012.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901379
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to the authority granted me in Ordinance 452-1990, I recommend the appointment of Mr. Saad Ghosn to the Cincinnati Arts Allocation Committee. Mr. Ghosn, a resident of Cincinnati, is the editor and publisher of the annual publication For a Better World: Poems and Drawings on Peace and Justice by Greater Cincinnati Artists. Mr. Ghosn is a visual artist and past recipient of a City of Cincinnati individual artist grant. He has hounded, organized, and created several exhibition series and is the Chief of Pathology and Laboratory Medicine Services at the VA Medical Center. Mr. Ghosn will serve a three year term set to expire on September 30, 2012
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901382
APPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to Article XXVII of the Administrative Code and subject to the consent of Council, I recommend the appointment of Sarah Weiss to the Cincinnati Human Relations Commission. Ms. Weiss will replace and complete the term of Ms. Leslie Ayensu-Coker said to expire on January 31, 2012. Ms. Weiss, a resident of Cincinnati, is the current Executive Director for the Center for Holocaust and Humanity Education. She serves as a Board Member on the Ohio Holocaust Council and Jewish Vocational Service.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901383
APPOINTMENT, dated 10/7/2009, submitted by Mayor Mallory, Pursuant to Article XXVII of the Administrative Code and subject to the consent of Council, I recommend the appointment of Darrick Dansby to the Cincinnati Human Relations Commission. Mr. Dansby will replace and complete the term of Mr. Antonio Mazzaro said to expire on January 31, 2011. Mr. Dansby, a resident of Cincinnati, is the current Executive Director for CityLink and is the former President of SMARTMONEY Community Services.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901384
APPOINTMENT, dated 10/07/2009, submitted by Mayor Mallory, Pursuant to Article XXVII of the Administrative Code and subject to the consent of Council, I recommend the appointment of Shekar Jayaraman to the Cincinnati Human Relations Commission. Mr. Jayaraman will replace Ms. Ufot and complete her term said to expire on January 31, 2011. Mr. Jayaraman, a resident of Cincinnati has participated on the Human Relations Planning Team for the Cultural Diversity Awareness Conference.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901399
APPOINTMENT, dated 10/6/2009, submitted by Mayor Mallory, pursuant to the authority granted me in Ordinance 452-1990, I recommend the appointment of Ms. Kathleen Merz to the Cincinnati Arts Allocation Committee. Ms. Merz is an actress, producer, director and a playwright. Ms. Merz a resident of Cincinnati is currently the Creative and Editorial Director of Speciality Programs for Healthy Advice Networks. Ms. Merz will serve a three year term set to expire on September 30, 2012.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

Item #: 200901381
REAPPOINTMENT, dated 10/06/2009, submitted by Mayor Mallory, Pursuant to Executive Order # 64-934 of the Governor of the Commonwealth of Kentucky, I hereby appoint O'Dell Owens, M.D. to the Kenton County Airport Board Advisory Committee said to expire September 21, 2011.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. GHIZ Y
MR. HARRIS Y
MR. MONZEL Y
MS. QUALLS Y
MR. THOMAS Y
MR. BERDING Y
MR. BORTZ Y
MS. COLE A
MR. CROWLEY A

MR. BORTZ
Item #: 200901400
COMMUNICATION, dated 9/21/2009 submitted by Councilmember Bortz, from Anzora Adkins, President, Evanston Community Council regarding 1601 Dexter Avenue.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;ECONOMIC DEVELOPMENT COMMITTEE
***
Item #: 200901398
MOTION, dated 10/7/2009 submitted by Councilmember Bortz, that a text amendment be drafted to amend section 1449-01 of the zoning code in order to remove appeals to Council.
Item Status/Referral/Recommendations:
ECONOMIC DEVELOPMENT COMMITTEE
***
MR. MONZEL
Item #: 200901402
MOTION, dated 10/8/2009 submitted by Councilmember Monzel that the City Administration use up to two thousand dollars from each Member of Council's Non-Personnel budget for the purposes of implementing a GASP (Government Accountability in Spending Program) for the City of Cincinnati. We further move that a GASP program be implemented for all city expenses/expenditures and made available in a readable & accessible format. WE further move that the recurring expenses operating expenses be deducted from each Council Member's non-personnel budget similar to how each office currently pays the city for phone service.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901401
ORDINANCE, submitted by Councilmember Monzel, on 10/7/2009, AMENDING the provisions of Section 13, "Collection of Moneys Due City", Article IX, Department of Finance," of the Administrative Code of the City of Cincinnati in order to authorize the City Solicitor to sell or transfer debt to private entities for collection.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
MS. QUALLS
Item #: 200901403
ORDINANCE, (EMERGENCY) submitted by Councilmember Qualls on 10/7/2009, AUTHORIZING the transfer of property on Eastern Avenue titled in the name of the City of Cincinnati to The Board of Education of the City School District of the City of Cincinnati. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 9/4/2009)
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
MR. THOMAS
Item #: 200901404
COMMUNICATION, submitted by Councilmember Thomas, from Marilyn Wall, regarding providing a report card to the public on MSD's progress.
Item Status/Referral/Recommendations:
CITY MANAGER FOR REPORT;VIBRANT NEIGHBORHOODS,RECREATION,PARK & PUB SERV
***
CITY MANAGER
Item #: 200901388
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/14/2009, providing for the issuance, sale and delivery of not to exceed $6,000,000 of economic development bonds (7th & Broadway Garage Expansion Project), or notes in anticipation thereof, of the City of Cincinnati; County of Hamilton, State of Ohio, for the purpose of financing certain improvements; AUTHORIZING a pledge of the City's faith and credit or a pledge of and lien on certain revenues and other City resources, as appropriate, to secure such bonds or notes; and AUTHORIZING necessary documents to secure such bonds or notes.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901389
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager on 10/14/2009, authorizing the City Manager to apply for, accept and appropriate a grant of approximately $5,000 from the State Farm Safe Neighbor Program, for the purpose of purchasing 1,275 smoke alarms for the Safe Summer Nights Program in 2010.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901390
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/14/2009, authorizing the City Manager to do all things necessary to cooperate with the Director of the Ohio Department of Transportation (ODOT) in order to complete the Waldvogel Railroad Relocation Project to allow the Waldvogel Viaduct Replacement Project to proceed.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901391
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/14/2009, authorizing the City Manager to apply for, accept and appropriate a grant of approximately $10,000 from the National Law Enforcement & Firefighters Children's Foundation, for the purpose of purchasing smoke alarms and fire prevention and safety materials related to household Exit Drills.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901395
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/14/2009, authorizing the City Manager to enter into an agreement with the City of the Village of Indian Hill, Ohio, for the purpose of providing wholesale, retail, and standby water service through December 31, 2047.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901397
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/14/2009, authorizing the City Manager to enter into a lease agreement with The Procter and Gamble Company ("Procter & Gamble") for portions of Sixth, Broadway and Sentinel Streets; Columbia Parkway between Culvert Street and Eggleston Avenue (the Sixth Street Ramp); Robin, Salmon and Trout Alleys, and Five parcels of real property east of Broadway and south of Reedy Street to provide parking spaces close proximity to Procter & Gamble's offices for employees whose jobs are being relocated Downtown.
Item Status/Referral/Recommendations:
CITY PLANNING COMMISSION;FINANCE COMMITTEE
***
Item #: 200901369
REPORT, dated 10/14/2009, 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 EM Investments LLC DBA Tower Place Event Center, 28 W. Fourth Street (Space FC5). (#2389717, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200901372
REPORT, dated 10/14/2009, submitted by Milton Dohoney, Jr., City Manager, regarding street calming for Suffolk Street.
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,RECREATION,PARK & PUB SERV
***
Item #: 200901380
REPORT, dated 10/14/2009, submitted by Milton Dohoney, Jr., City Manager, regarding Temporary Fire Company closures. (SEE DOCUMENT #200901271 FOR MOTION)
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901385
REPORT, dated 10/14/2009, 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 Margaritas of Sixth St. LLC DBA Margaritas, 214 East Sixty Street. (#5529684, Transfer of Ownership, D1, D2, D3) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200901386
REPORT, dated 10/14/2009, submitted by Milton Dohoney, Jr., City Manager, regarding acceptance of Zech Place and Davenport Avenue. (SEE DOCUMENT #200901288 FOR COMMUNICATION)
Item Status/Referral/Recommendations:
VIBRANT NEIGHBORHOODS,RECREATION,PARK & PUB SERV
***
Item #: 200901392
REPORT, dated 10/14/2009, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended September 30, 2009.
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
Item #: 200901394
REPORT, dated 10/14/2009, submitted by Milton Dohoney, Jr., City Manager, regarding use of GCWW equipment and personnel. (SEE DOCUMENT #200901306 FOR COMMUNICATION)
Item Status/Referral/Recommendations:
FINANCE COMMITTEE
***
CLERK OF COUNCIL
Item #: 200901405
COMMUNICATION, dated 10/6/2009 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 2009-2010 Renewal Application, Permit #9125110, Class D-5-6, Tyndle Ridge Development LLC dba Perkins Lounge, 3570 Montgomery Road, 1st Floor, Cincinnati, Ohio 45207. Hearing will be held on November 9, 2009 at 10:00 a.m. in Room B.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 200901406
COMMUNICATION, dated 10/7/2009 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, regarding 2009-2010 Renewal Application, Permit #6576124, Class D-5-6, Orlando's Tavern, LLC dba Orlando's Tavern, 1664 Frederick Avenue, 1st Floor & Basement, Cincinnati, Ohio 45223.
Item Status/Referral/Recommendations:
FILE
*** FILED
VIBRANT NEIGHBORHOODS,RECREATION,PARK & PUB SERV
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:
APPROVE,FILE & ADVISE
*** APPROVED, FILED & ADVISED