PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday May 11, 2011

Council convened at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Bortz, Ghiz, Lippert, Murray, Qualls, Quinlivan, Thomas, Winburn and Young (9)

Also in attendance were City Manager Milton Dohoney and John Curp, 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:


MAYOR MALLORY
Item #: 201100575
APPOINTMENT, dated 4/25/2011 submitted by Mayor Mallory, pursuant to the authority granted in accordance with the 1831 Woodward Act, I hereby appoint Mr. Scotty Johnson to the Board of Trustees of The Woodward High School of the City of Cincinnati. He will fill the expired term of Charles Downton III and will serve a term that expires on March 31, 2013.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100574
REAPPOINTMENT, dated 4/13/2011 submitted by Mayor Mark Mallory, subject to the consent of Council, I hereby re-appoint Mrs. Merri Gaither Smith to serve as Commissioner of the Cincinnati Park Board. She will serve a term expiring on January 1, 2017.
Item Status/Referral/Recommendations:
CONFIRM
*** CONFIRMED
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

MS. QUALLS
Item #: 201100642
COMMUNICATION, dated 5/3/2011 submitted by Vice Mayor Qualls, from Sean Rugless, Chairman, SORTA, 602 Main Street, Suite 1100, Cincinnati, Ohio 45202-2549, regarding 2011 and 2012 funding requests to the City of Cincinnati.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
MS. QUINLIVAN
Item #: 201100643
RESOLUTION, dated 2/24/2011 submitted by Councilmember Quinlivan, EXPRESSING City Council's support of and urging the Ohio General Assembly to renew the Ohio Historic Preservation Tax Credit Program, created by Ohio Revised Code &149.311 and expanded by the 2008 Ohio Bipartisan Job Stimulus Plan.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
MR. THOMAS
Item #: 201100669
RESOLUTION, dated 5/11/2011 submitted by Councilmember Thomas, RECOGNIZING the lifelong contributions of Sergeant Brian Dulle to the Warren County community, the Warren County Sheriff's Department and to the United States Army and expressing the sympathy of Council to Sergeant Dulle's family, friends and colleagues upon his passing.
Item Status/Referral/Recommendations:
PASSED
*** PASSED 0026-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

MR. YOUNG
Item #: 201100644
ORDINANCE, submitted by Councilmember Young from John P. Curp, City Solicitor, on 11/29/2010 MODIFYING the provisions of Chapter 407, "Public Vehicles," and Chapter 408, "Driver's Licenses for Public Vehicles," of the Cincinnati Municipal Code for the purpose of equalizing licensing fees for limousines and taxicabs, and modifying requirements regarding how taxicab drivers must indicate their availability for hire and display their identification cards, by amending Section 407-3, "License Fees," Section 407-107, "Equipment Requirements," and Section 408-13, "Driver's Identification Card"; and REPEALING Section 408-17, "Identification Card," and Section 506-20, "Taxicab Cruising"; and further ENACTING new Section 407-112, "Cruising by Taxicabs," to allow taxicabs to cruise in search of customers.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
MR. YOUNG
MR. WINBURN
MR. THOMAS
MS. QUINLIVAN
MS. QUALLS
Item #: 201100645
MOTION, dated 4/27/2011 submitted by Councilmembers Young, Winburn, Thomas, Quinlivan and Vice Mayor Qualls, that the Administration submit a comprehensive evaluation to Council by September 1, 2011, that analyzes and makes recommendations as to whether there should be joint administrative management of the City's Departments of Water, Sewers, and Stormwater Utility, and provides a plan for implementation. WE FURTHER MOVE that if the Administration recommends joint administrative management, the report will identify the transitional organizational structure and an outline of efficiencies, synergies, and a timeline for full implementation of joint management of the utilities. The report should also include an analysis of, but not limited to, opportunities associated with the financial management, construction coordination, regulatory oversight and internal services including human resources, budgeting and information technologies. The plan should also include a 10-year financial plan demonstrating the projected annualized savings. WE FURTHER MOVE that the plan include a legal opinion as to what effect such collaboration would have on the consent decree, and what steps would be necessary to continue operations in accordance with the ruling.
Item Status/Referral/Recommendations:
GOVERNMENT OPERATIONS COMMITTEE
***
CITY MANAGER
Item #: 201100600
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager to establish terms and conditions for the presentation of "Price Hill Cultural Heritage Fest" by Price Hill Will and East Price Hill Business Association between 3641 and 3661 Warsaw Avenue, 965 and 980 Enright Avenue, 961 and 976 Olive Avenue, and 3700 and 3725 Saint Lawrence Avenue on Saturday, August 20, 2011 from 7:00 A.M. to 8:00 P.M.; AUTHORIZING the City Manager to take such actions as are necessary and proper to implement the presentation of "Price Hill Cultural Heritage Fest," notwithstanding the provisions of Chapter 713, Chapter 723, Sections 1 and 11, Chapter 839, Chapter 845, Section 506-91, Chapter 321, and other purchasing related ordinances and any other provisions of the Cincinnati Municipal Code which would prohibit programs deemed proper by the City Manager in the presentation of "Price Hill Cultural Heritage Fest"; and further APPROVING the use of the above-described area for the sale of beer and wine subject to the issuance of proper license by the State of Ohio and procurement of liquor liability insurance; PROHIBITING the solicitation of monies; and PROHIBITING the sale of wares by peddlers and itinerant vendors except by persons associated with and as authorized by Price Hill Will and East Price Hill Business Association in the area bounded by the north and south curb lines between 3641 and 3661 Warsaw Avenue, and 3700 and 3725 Saint Lawrence Avenue; and the east and west curb lines between 965 and 980 Enright Avenue, and 961 and 976 Olive Avenue.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201100606
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager to establish terms and conditions for the presentation of the "Mount Adams Oktoberfest" celebration by Mount Adams Business Guild on Pavilion Street, from St. Gregory Street to Belvedere Street beginning at 4:00 P.M. on Wednesday, September 14, 2011 and ending at 12:00 A.M. on Thursday, September 15, 2011; AUTHORIZING the City Manager to take such actions as are necessary and proper to implement the presentation of "Mount Adams Oktoberfest," notwithstanding the provisions of Chapter 713, Chapter 723 Section 1 and 11, Chapter 839, Chapter 845, Section 506-91, Chapter 321, and other purchasing related ordinances and any other provisions of the Cincinnati Municipal Code which would prohibit programs deemed proper by the City Manager in the presentation of "Mount Adams Oktoberfest"; APPROVING the use of the above-described area for the sale of beer subject to the issuance of proper licenses by the State of Ohio and procurement of liquor liability insurance; PROHIBITING the solicitation of monies; and PROHIBITING the sale of wares by peddlers and itinerant vendors except by persons associated with and as authorized by Mount Adams Business Guild in the area of Pavilion Street bounded by the east curb line of St. Gregory Street and the west curb line of Belvedere Street beginning at 4:00 P.M. on Wednesday, September 14, 2011 and ending at 12:00 A.M. on Thursday, September 15, 2011.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201100607
ORDINANCE, (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager to establish terms and conditions for the presentation of the Mt. Washington Farmer's Market by the Mt. Washington Community Council on Plymouth Avenue, between Beechmont Avenue and 6139 Plymouth Avenue from 3:00 P.M. to 7:00 P.M. every Thursday from June 2, 2011 to October 27, 2011; and further AUTHORIZING the City Manager to take such actions as are necessary and proper to implement the presentation of the Mt. Washington Farmer's Market notwithstanding the provisions of Chapter 713, Chapter 723 Sections 1 and 11, Chapter 839, Chapter 845, Section 506-91, Chapter 321, and other purchasing related ordinances and any other provisions of the Cincinnati Municipal Code which would prohibit programs deemed proper by the City Manager in the presentation of the Mt. Washington Farmer's Market; and PROHIBITING the solicitation of monies, the sale of wares by peddlers and itinerant vendors except by persons associated with and as authorized by the Mt. Washington Community Council on Plymouth Avenue between the west curb line of Beechmont Avenue and the east property line of 6139 Plymouth Avenue (as extended into the street) from 2:00 P.M. to 8:00 P.M. every Thursday from June 2, 2011 to October 27, 2011.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201100608
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager to establish terms and conditions for the presentation of "Short Vine Block Party" by the Vine Street Community Urban Redevelopment Corporation on Vine Street from Corry Street to Charlton Street from 5:00 a.m. to 11:00 p.m. on Thursday, September 1, 2011, Saturday, September 17, 2011, Thursday, September 22, 2011, Saturday, October 15, 2011, Saturday, November 12, 2011, and Saturday, December 3, 2011 or any other date to which a University of Cincinnati home football game is moved due to a third party's contractual rights or due to any other reason; AUTHORIZING the City Manager to take such actions as are necessary and proper to implement the presentation of the "Short Vine Block Party" notwithstanding the provisions of Chapter 713, Chapter 723 Sections 1 and 11, Chapter 839, Chapter 845, Section 506-91, Chapter 321, and other purchasing related ordinances and any other sections of the Cincinnati Municipal Code which would prohibit programs and activities deemed proper by the City Manager in the presentation of "Short Vine Block Party"; APPROVING the use of the above described area for the sale of beer and wine subject to the issuance of proper licenses by the State of Ohio and procurement of liquor liability insurance; and PROHIBITING the solicitation of monies, prohibiting the sale of wares by peddlers and itinerant vendors except by persons associated with and authorized by the Vine Street Community Urban Redevelopment Corporation in the area bounded by the east and west curb lines of Vine Street, the north curb line of Corry Street, and the south curb line of Charlton Street.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201100609
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, 05/11/2011, authorizing and directing the City Manager to establish terms and conditions for the presentation of the 2011 Mt. Adams Music Festival by the Mt. Adams Business Guild on Pavilion Street, from Saint Gregory Street to Guido Street beginning on Saturday, August 13, 2011 at 6:00 a.m. and ending on Sunday, August 14, 2011 at 6:00 a.m.; AUTHORIZING and directing the City Manager to take such actions as are necessary and proper to implement the presentation of the 2011 Mt. Adams Music Festival notwithstanding the provisions of Section 723-1, Chapter 839, Chapter 845, Section 506-91, Chapter 321 and any other sections of the Cincinnati Municipal Code which would prohibit programs and activities deemed proper by the City Manager in the presentation of the 2011 Mt. Adams Music Festival; APPROVING the use of the above described area for the sale and consumption of beer and wine subject to the issuance of proper licenses by the State of Ohio and procurement of liquor liability insurance; PROHIBITING the sale of wares by peddlers and itinerant vendors except by persons associated with and authorized by the Mt. Adams Business Guild in the area of Pavilion Street bounded by the east curb line of Saint Gregory Street and the west curb line of Guido Street for the period of time beginning at 4:00 p.m. on Saturday, August 13, 2011, and ending at 12:30 a.m. on Sunday, August 14, 2011.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201100618
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, amending Section 323-1-S of Chapter 323 of the Cincinnati Municipal Code, "Small Business Enterprise Program," to modify the federal law references for the definition of affiliates and applicability of appropriate size standard to be used in determining whether a business is a Small Business Enterprise.
Item Status/Referral/Recommendations:
JOB CREATION COMMITTEE
***
Item #: 201100628
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager and the Cincinnati Board of Park Commissioners, City of Cincinnati to establish terms and conditions for the presentation of Kids' Fest, by the Cincinnati Board of Park Commissioners, in cooperation with Citicasters Licenses, Inc., a subsidiary of Clear Channel Communications, Inc., from 12:01 a.m. on June 1, 2011 to 12:00 Midnight on June 10, 2011, for the Central Riverfront and adjacent areas; and further AUTHORIZING the City Manager and the Cincinnati Board of Park Commissioners to take such actions as are deemed necessary and proper to implement the presentation of Kids' Fest at the Central Riverfront.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201100630
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager to accept and appropriate grants, loans, and loan assistance totaling $5,249,800 from the State Capital Improvement Program or the Local Transportation Improvement Program to various capital improvement program project accounts; further AUTHORIZING the establishment of new capital improvement program project account no. 980x105x11118, "Madison and Red Bank Improvements"; further AUTHORIZING the City Manager to deposit any grant or loan receipts into the appropriate capital improvement program project accounts; and further AUTHORIZING the City Manager to enter into any agreements necessary for the receipt and administration of the grants or loans in order to complete various street improvement, bridge replacement, and street rehabilitation projects.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100631
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the transfer of the sum of $600,000 within the General Fund from and to various operating accounts; and further AUTHORIZING the transfer of $52,210 from various restricted fund accounts to the unappropriated surplus within those accounts for the purpose of realigning funds for the ongoing needs of City departments.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100632
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager to do all things necessary to finalize the implementation requirements and enter into the agreements between the City of Cincinnati and the Ohio Department of Transportation in order to complete the HAM US IR 71-5.71 project, which will rehabilitate the Evanston Street pedestrian bridge over I-71.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100633
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager to apply for, accept and appropriate a grant totaling approximately $321,990 from the Ohio Attorney General's Drug Abuse Resistance Education Program, for the purpose of helping to defray the cost of the salaries of Drug Abuse Resistance Education Offices and School Resource Officers within the Cincinnati Police Department.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100634
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager to apply for, accept and appropriate a grant in the approximate amount of $10,000.00 from the Ohio Department of Natural Resources, Division of Wildlife's Passport to Fishing Grant Program in order to allow the Cincinnati Recreation Commission to supplement its "Hooked on Fishing, Not on Drugs" program, which provides fishing trips and aquatic educational activities to youth ages 6 through 15, and also provides for presentations by the Cincinnati Fire Department regarding methods which will help to teach kids to learn how to avoid getting hooked on drugs.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100635
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager to accept and appropriate grant funds in the amount of $5,483,604 from the U.S. Department of Housing and Urban Development for the purpose of the City's 2010 Shelter Plus Care Program; further AUTHORIZING the establishment of the new project account number 410x162x08011, "2010 Stewart B. McKinney Act Shelter Plus Care Program Fund"; and further AUTHORIZING the City Manager to deposit any grant receipts into the newly established project account number 410x162x08011 for the purpose of providing tenant-based rental assistance to homeless and low income clients with disabilities.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100636
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager to apply for, accept and appropriate a grant in the amount of $179,495.00 from the U.S. Government, Center for Disease Control, for the purpose of building the City of Cincinnati Health Department's health impact assessment capacity to include a health impact assessment office with a full-time director and a part-time biostatistician support person
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100637
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the establishment of new capital improvement program project account no. 980x164x11229, "Reading & Rockdale Improvements Study TIF"; and further AUTHORIZING the transfer and appropriation of the sum of $25,000 from the unappropriated surplus of Avondale Equivalent Fund 468 to newly created capital improvement program project account no. 980x164x11229, "Reading & Rockdale Improvements Study TIF," for the purpose of funding a streetscape improvement study which will be beneficial to economic revitalization of the Avondale neighborhood.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100638
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the City Manager to apply for, accept and appropriate a grant in the amount of $650,000.00 from the Health Resources and Services Administration for the purpose of converting one of its Federally Qualified Health Center Look-Alike sites (the Crest dental clinic) into a fully funded Section 330 Federally Qualified Health Center and to further establish a new primary health care site that will focus on the health care needs of public housing residents and the general low-income population in the City's Avondale area and surrounding neighborhoods.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100639
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/11/2011, authorizing the transfer and appropriation of the sum of $502,927.50 from the unappropriated surplus of Miscellaneous Permanent Improvement Fund 757 to capital improvement program project account no. 980x105x11114, "Economic Development Opportunities," for the purpose of funding anticipated predevelopment and infrastructure costs associated with new developments.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100640
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, 05/11/2011, approving and authorizing the City Manager to execute a Community Reinvestment Area Tax Exemption Agreement with CBD HOLDINGS, INC., an Ohio non-profit corporation, thereby authorizing a twelve-year tax exemption for improvements made to real property located at 114-118 East Sixth Street, Cincinnati, Ohio 45202 in connection with the remodeling of buildings to establish 13,000 square feet restaurant, 3,000 square feet supportive office, and 10,800 square feet of storage space located on such real property, which remodeling shall be completed at a total construction cost of $9,300,000.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100641
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, 05/11/2011, approving and authorizing the City Manager to execute a Community Reinvestment Area Tax Exemption Agreement with CBD HOLDINGS, INC., an Ohio non-profit corporation, thereby authorizing a twelve-year tax exemption for improvements made to real property located at 122 East Sixth Street, Cincinnati, Ohio 45202 in connection with the remodeling of buildings to establish 16,000 square feet of bar space located on such real property, which remodeling shall be completed at a total construction cost of $3,400,000.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100602
REPORT, dated 5/11/2011, 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 Atriuanos Mini Market LLC DBA Atriuanos Mini Market, 4803 Whetsel Avenue. (#0319088, New, C1, C2) [Objections: Department of Buildings and Inspections, Cincinnati Recreation Commission, and the Madisonville Citizens on Patrol]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100603
REPORT, dated 5/11/2011, 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 OCC Enterprises Inc. DBA Muzs, 3204 Linwood Avenue. (#64837050001, Transfer of Ownership & Location, D2, D3X, D3, D3A, D6) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100604
REPORT, dated 5/11/2011, 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 Hawkstone Associates Inc. DBA Pleasant Ridge BP, 6135 Montgomery Road. (#36788970400, New, C1, C2) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100605
REPORT, dated 5/11/2011, 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 Allsandi LLC DBA Glenway Market, 4420 Glenway Avenue. (#0118845, Transfer of Stock, C1, C2, D6) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100624
REPORT, dated 5/11/2011, 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 J. R. Reds LLC DBA Johnny Rockets, 191 East Freedom Way, Suite 170. (#4182885, New, D5J) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100625
REPORT, dated 5/11/2011, 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 Cincinnati Parks Foundation DBA Eden Park, 1501 Eden Park Drive. (#1493389, F8 Temporary Permit, F8) [Objections: None]
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100626
REPORT, dated 5/11/2011, submitted by Milton Dohoney, Jr., City Manager, regarding HR Liaisons reporting to Human Resources Department. (SEE DOCUMENT #201001757 FOR ADOPTED MOTION)
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201100627
REPORT, dated 5/11/2011, submitted by Milton Dohoney, Jr., City Manager, regarding trees and sidewalks.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
CITY PLANNING COMMISSION
Item #: 201100647
ORDINANCE, submitted by Charles C. Graves, III, Director, Department of City Planning & Buildings, REZONING of certain real property located at 6381 Center Hill Avenue in the College Hill neighborhood from the Single-Family District (SF-20) and Residential-Mixed District (RM-2.0) to a Planned Development District (PD). (DISAPPROVED BY THE CITY PLANNING COMMISSION ON 4/15/2011)(PUBLIC HEARING TO BE HELD BEFORE THE LIVABLE COMMUNITIES COMMITTEE, TUESDAY, MAY 24, 2011 AT 2:00 P.M IN COUNCIL CHAMBERS).
Item Status/Referral/Recommendations:
LIVABLE COMMUNITIES COMMITTEE
***
CLERK OF COUNCIL
Item #: 201100651
COMMUNICATION, dated 5/4/2011 submitted by the Clerk of Council, from Jeffrey M. Hisem, Administrator Office of Estimating, Ohio Department of Transportation, 1980 Broad Street, Columbus, Ohio 43223, regarding Hamilton County-City of Cincinnati, Project No. 255 (11) U.S. Route 50 - Sections 18.79/19.03, Federal Project No. E060(812), PID No. 20082 - Letting of May 19, 2011.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100652
MEMO, dated 5/9/2011 submitted by the Clerk of Council, from Councilmembers Winburn and Lippert calling a special session of Cincinnati City Council to be held in City Council Chambers on Wednesday, May 11, 2011 at 6:00 pm. The purpose of meeting is for the City Administration to provide a detailed report to City Council on the recent changes made to the Cincinnati Streetcar Project.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100656
MEMO, dated 5/4/2011 submitted by the Clerk of Council from Mayor Mark Mallory calling a special session of Cincinnati City Council at 3:00 p.m. on Thursday, May 5, 2011. The purpose of this session is to take action regarding yard waste pick up. Additional action will be taken on special events' ordinances for Cincy Cinco, Mt. Adams Mayfest and Spring Pottery Fair. The special session will take place in Cincinnati City Council Chamber.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100653
NOTICE, dated 5/9/2011 submitted by the Clerk of Council to the Mayor and Councilmembers of a Special Session of Cincinnati City Council called for Wednesday, May 11, 2011 at 6:00 p.m. in Council Chambers. The purpose of this session is to request that the City Administration provide a detailed report to City Council on the recent changes made to the Cincinnati Streetcar Project.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100655
NOTICE, submitted by the Clerk of Council to the Mayor and Councilmembers of a cancellation of the Cincinnati City Council Session scheduled for Wednesday, May 4, 2011.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100657
NOTICE, submitted by the Clerk to the Mayor and Councilmembers of a Special Session of Council on Thursday, May 5, 2011 at 3:00 p.m. in Council Chambers, 801 Plum Street, Room 300.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100654
RECEIPT, submitted by the Clerk of Council from the Mayor and Councilmembers of a Special Session of Council, Wednesday, May 11, 2011 at 6:00 p.m. in Council Chambers.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100658
RECEIPT, submitted by the Clerk of Council from the Mayor and Councilmembers that they have received the notice of a Special Session of Council being held on Thursday, May 5, 2011 at 3:00 p.m. at City Hall Council Chambers.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100650
REGISTRATION, submitted by the Clerk of Council from Legislative Agent Richard A. Weiland, Consultant, Richard Consulting Corporation, 2444 Madison Road, Cincinnati, Ohio 45208.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100648
STATEMENT, submitted by the Clerk of Council formally filing a copy of the 2009 Financial Disclosure Statement for Willie F. Carden, Jr., Director of Parks.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201100649
STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Laure Quinlivan, Councilmember.
Item Status/Referral/Recommendations:
FILE
*** FILED
BUDGET AND FINANCE COMMITTEE
Item #: 201100615
MOTION, dated 05/02/2011, submitted by Vice Mayor Qualls, and Councilmembers Thomas, Young, Quinlivan, and Winburn, that the City of Cincinnati restore the School Nurse program for the remainder of 2011 by funding Option B or Option C (if CPS is willing to pick up the additional costs of Option C) as described in the May 2, 2011 report from the Health Department titled "School Health Program Options." Option B continues the School health program in all the schools currently served, but replaces 13 of the 45 RN's with School Health Assistants. Some schools will see a reduction in service. Option C expands the existing program to all schools with CPS picking up the additional costs. The budget reduction for School Nurses in the 2011 Budget is $1,012,360. The restoration of the program for the remainder of the year will be funded as follows: Reserve for Contingencies (as proposed in the 4/12/2011 motion) $200,000.; Savings from replacing 13 RN's with 13 School Health Assistants $251,225; (BALANCE OF MOTION ON FILE) (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
ADOPT
*** ADOPTED
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ N
MS. GHIZ N
MR. LIPPERT N
MS. MURRAY N

Item #: 201100512
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, authorizing the granting of one permanent sanitary sewer easement and one temporary construction easement for a replacement pump state known as the Tower East Pump Station, Sanitary Sewer No. 5062, to the Board of County Commissioners of Hamilton County, Ohio, through City property known as Mt. Airy Forest, which grants are not adverse to the interest in the real estate retained by the City of Cincinnati.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0135-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100513
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, authorizing the grant of one permanent sanitary sewer easement for a combined sewer for Sanitary Sewer No. 5889, to the Board of County Commissioners of Hamilton County, Ohio, through City property on Reading Road known as the Hirsch Community Center, which grant is not adverse to the interest in the real estate retained by the City of Cincinnati.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0136-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100541
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, to accept and confirm the dedication of permanent easement to public use for construction, maintenance, repair and replacement of a water main and water main appurtenances in accordance with a plat designated as "WSL #3527, E #905, Blue Meadow Farm, Blue Meadow Lane."
Item Status/Referral/Recommendations:
PASS
*** PASSED 0137-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100542
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, authorizing the City Manager to enter into an agreement with the Village of Lockland to cooperate in the rehabilitation of Millsdale Avenue, part of which lies in each municipality; and further AUTHORIZING the City Manager to accept approximately $18,000.00 from the Village of Lockland to reimburse the City of Cincinnati for expenses incurred in the rehabilitation of Millsdale Avenue.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0138-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100545
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, authorizing the sale of a portion of Undercliff Road, north of River Road, which street is no longer needed for any municipal purpose.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0139-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100548
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, determining to proceed for three years beginning August 1, 2010 with special street lighting assessments on the streets or portions of the streets described in Exhibit A. (MR. BORTZ IS EXCUSED FROM VOTING ON THIS ITEM)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0140-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN N
MR. YOUNG Y
MR. BORTZ E
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100551
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, amending Ordinance No. 252-2010, which authorized the transfer and appropriation of the sum of $400,000.00 from the unappropriated surplus of Corryville Equivalent Fund 488 to capital Improvement project account no. 980x164x03659 for the purpose of providing resources for the first phase of streetscape improvements along Short Vine, Rochelle and Highland Avenues in the Corryville neighborhood in order to expand the scope of the project to include improvements on Charlton Street.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0142-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100552
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, authorizing the City Manager to apply for, accept and appropriate a grant from the Ohio Department of Development's Clean Ohio Assistance Fund for up to $750,000 for the purpose of assisting with the environmental remediation of the Milacron Plant 5 site; and further AUTHORIZING the establishment of capital improvement project account 980x105x11117, "Milacron Plant 5 COAF"; and further AUTHORIZING the Finance Director to deposit the grant funds into the capital improvement project account 980x105x11117, "Milacron Plant 5 COAF," for the purpose of funding environmental remediation of the Milacron Plant 5 site.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0143-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100553
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, establishing new capital improvement program project account no. 980x105x11116, "Disney Street Improvement"; and AUTHORIZING transfer and appropriation of $2,997,045 from the unappropriated surplus of Municipal Public Improvement Equivalent Fund 491 for the purpose of providing resources for infrastructure improvements to Disney Street.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0144-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ N
MS. GHIZ Y
MR. LIPPERT N
MS. MURRAY Y

Item #: 201100560
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, authorizing the City Manager to apply for, accept, and appropriate a grant of approximately $150,000 from the Ohio Department of Natural Resources Clean Ohio Trails Fund to construct a bicycle path along Martin Luther King Drive between Clifton Avenue and Woodside Drive.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0141-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100544
REPORT, dated 4/27/2011, submitted by Milton Dohoney, Jr., City Manager, regarding Department of Finance reports for the month ended March 31, 2011.
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
Item #: 201100561
RESOLUTION, dated 04/25/2011, submitted by Councilmembers Young and Thomas, EXPRESSING City Council's opposition to Senate Bill 5, as passed and signed into law on March 31, 2011, which limits the collective bargaining rights of public employees in Ohio. (MS. GHIZ IS EXCUSED FROM VOTING ON THIS ITEM)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0024-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ N
MS. GHIZ E
MR. LIPPERT N
MS. MURRAY N

LIVABLE COMMUNITIES COMMITTEE
Item #: 201100535
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, amending the provisions of Chapter 1451, "Enforcement," of the Cincinnati Municipal Code by modifying Section 1451-13, "Enforcement of Historic Conservation Regulations," in order to adopt the changes to the Cincinnati Municipal Code recommended by the Historic Building Loss Task Force.
Item Status/Referral/Recommendations:
PASS
*** REFERRED TO PLANNING COMMISSION
Item #: 201100543
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, authorizing the City Manager to enter into a Preferred Developer Agreement with the Mt. Auburn Good Housing Foundation for the development of City-owned property at 2319 Reading Road.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0145-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100549
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, appropriating to public use all right, title, and interest in certain parcels of real property for the road project known as the Kennedy Connector.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0148-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN A
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100601
ORDINANCE, (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/10/2011, authorizing the City Manager to establish terms and conditions for the presentation of "Landor Fashion Week" by Landor Associates, on Shillito Place from Race Street to Rusconi Place and Rusconi Place from Shillito Place to West Sixth Street, on Thursday, May 12 and 13, 2011 beginning at 9:30 A.M. and ending at 2:00 A.M.; AUTHORIZING the City Manager to take such actions as are necessary and proper to implement the presentation of "Landor Fashion Week," notwithstanding the provisions of Chapter 713, Chapter 723 Sections 1 and 11, Chapter 839, Chapter 845, Section 506-91, Chapter 321, and other purchasing related ordinances and any other provisions of the Cincinnati Municipal Code which would prohibit programs deemed proper by the City Manager in the presentation of "Landor Fashion Week"; APPROVING the use of the above-described area for the sale of beer and intoxicating liquor subject to the issuance of proper licenses by the State of Ohio and procurement of liquor liability insurance; and PROHIBITING the sale of wares by peddlers and itinerant vendors except by persons associated with and as authorized by Landor Associates, in the area bounded by the public right of way on the north and south side of Shillito Place from Race Street to Rusconi Place and the public right of way on the east and west side of Rusconi Place from West Sixth Street to Shillito Place on May 12, 2011 beginning at 6:00 P.M. and ending at 11:00 P.M.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0146-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100646
ORDINANCE, submitted by Charles C. Graves, III, Director, Department of City Planning & Buildings, REZONING certain real property located at 4701 Marburg Avenue in the Oakley neighborhood from Planned Development District (PD) #36 to Planned Development District (PD) #64. (APPROVED BY THE CITY PLANNING COMMISSION ON 4/15/2011) (PUBLIC HEARING WAS HELD BEFORE THE LIVABLE COMMUNITIES COMMITTEE, TUESDAY, MAY 10, 2011 AT 2:00 P.M. IN COUNCIL CHAMBERS)
Item Status/Referral/Recommendations:
PASS
*** PASSED 0147-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100527
REPORT, dated 4/27/2011, submitted by Milton Dohoney, Jr., City Manager, regarding implementation of a fee for commemorative plaques. (SEE DOCUMENT #201001633 FOR MOTION)
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPROVED & FILED
PUBLIC SAFETY COMMITTEE
Item #: 201100248
ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/24/2011, amending Cincinnati Municipal Code Chapter 731 "Weed Control" for the purpose of allowing for managed natural landscaped areas on certain occupied residential properties and further clarifying the restrictions governing weed control within the City of Cincinnati.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0149-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN A
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100547
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/27/2011, authorizing the City Manager to establish terms and conditions for the presentation of "Go OTR 5k/Summer Celebration" by the Over-the-Rhine Chamber of Commerce on Vine Street from 12th Street to 13th Street on Saturday, May 21, 2011 beginning at 9:00 A.M. and ending at 4:00 P.M.; AUTHORIZING the City Manager to take such actions as are necessary and proper to implement the presentation of "Go OTR 5k/Summer Celebration," notwithstanding the provisions of Chapter 713, Chapter 723 Sections 1 and 11, Chapter 839, Chapter 845, Section 506-91, Chapter 321, and other purchasing related ordinances and any other provisions of the Cincinnati Municipal Code which would prohibit programs deemed proper by the City Manager in the presentation of "Go OTR 5k/Summer Celebration"; APPROVING the use of the above-described area for the sale of beer and wine subject to the issuance of proper licenses by the State of Ohio and procurement of liquor liability insurance; and PROHIBITING the sale of wares by peddlers and itinerant vendors except by persons associated with and as authorized by the Over-the-Rhine Chamber of Commerce in the area bounded by the west curb line of Vine Street from 12th Street to 13th Street and the east curb line of Vine Street from 12th Street to 13th Street for the period of time on Saturday, May 21, 2011 beginning at 9:00 A.M. and ending at 4:00 P.M.
Item Status/Referral/Recommendations:
PASS EMERGENCY
*** PASSED EMERGENCY 0150-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ Y
MS. GHIZ Y
MR. LIPPERT Y
MS. MURRAY Y

Item #: 201100620
RESOLUTION, submitted by Vice Mayor Qualls on May 3, 2011 expressing Council's support for the Office of the Ohio Consumer's Counsel and urging the Ohio General Assembly to preserve the mission of the Office of the Ohio Consumers' Counsel by restoring funding to their budget.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0025-2011
MS. QUALLS Y
MS. QUINLIVAN Y
MR. THOMAS Y
MR. WINBURN Y
MR. YOUNG Y
MR. BORTZ N
MS. GHIZ N
MR. LIPPERT N
MS. MURRAY N