PROCEEDINGS/MINUTES OF CITY COUNCIL

Wednesday February 01, 2012

Council convened at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Qualls, Quinlivan, Seelbach, Simpson Sittenfeld, Smitherman, Winburn, Thomas, and Young (9)

Also in attendance were City Manager Milton Dohoney, Jr. 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 #: 201200157
APPOINTMENT, dated 2/1/2012 submitted by Mayor Mark Mallory, I hereby appoint Susan Robinson to the Board of Trustees of the Cincinnati Retirement System. Ms. Robinson is set to complete the term of Constance Cooper that expires on October 10, 2012.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** CONFIRMED
MR. WINBURN Y
MR. YOUNG Y
MS. QUALLS Y
MS. QUINLIVAN Y
MR. SEELBACH Y
MS. SIMPSON Y
MR. SITTENFELD Y
MR. SMITHERMAN Y
MR. THOMAS Y

Item #: 201200158
APPOINTMENT, dated 2/1/2012 submitted by Mayor Mark Mallory, I hereby appoint Joseph Zimmer to the Southwest Ohio Regional Transit Authority. Mr. Zimmer is set to complete the term of Doug Sizemore that expires on April 30, 2012.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** CONFIRMED
MR. WINBURN Y
MR. YOUNG Y
MS. QUALLS Y
MS. QUINLIVAN Y
MR. SEELBACH Y
MS. SIMPSON Y
MR. SITTENFELD Y
MR. SMITHERMAN Y
MR. THOMAS Y

Item #: 201200159
APPOINTMENT, dated 2/1/2012 submitted by Mayor Mark Mallory, I hereby appoint Cathy Crain to the Board of Park Commissioners. Ms. Crain will serve a term that expires on December 31, 2017.
Item Status/Referral/Recommendations:
HOLD ONE WEEK PURSUANT TO RULE OF COUNCIL
*** CONFIRMED
MR. WINBURN Y
MR. YOUNG Y
MS. QUALLS Y
MS. QUINLIVAN Y
MR. SEELBACH Y
MS. SIMPSON Y
MR. SITTENFELD Y
MR. SMITHERMAN Y
MR. THOMAS Y

MAYOR MALLORY
MS. QUALLS
MS. QUINLIVAN
MR. THOMAS
MS. SIMPSON
MR. SEELBACH
MR. SMITHERMAN
MR. YOUNG
MR. WINBURN
Item #: 201200163
MOTION, dated 2/1/2012 submitted by Mayor Mark Mallory, Vice Mayor Qualls, Councilmembers Quinlivan, Thomas, Simpson, Seelbach, Smitherman, Young and Winburn that the City of Cincinnati cancel the February 8, 2012 session of City Council.
Item Status/Referral/Recommendations:
ADOPTED
*** ADOPTED
MR. WINBURN Y
MR. YOUNG Y
MS. QUALLS Y
MS. QUINLIVAN Y
MR. SEELBACH Y
MS. SIMPSON Y
MR. SITTENFELD N
MR. SMITHERMAN Y
MR. THOMAS Y

MS. QUALLS
Item #: 201200137
COMMUNICATION, dated 1/27/2012 submitted by Vice Mayor Qualls, from Robert Hartlaub, [rhartlaub1948@gmail.com] regarding Metal Theft Ordinance.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201200138
COMMUNICATION, dated 1/10/2012 submitted by Vice Mayor Qualls, from Jodine Grundy, [grundyj@fuse.net] regarding Action by Council to combat metal theft in Cincinnati.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201200139
COMMUNICATION, dated 1/9/2012 submitted by Vice Mayor Qualls, from Ronald Martin [rkmartin@me.com] regarding Scrapping Metals.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201200140
COMMUNICATION, dated 1/7/2012 submitted by Vice Mayor Qualls, from Al Hirt, [alhirt@fuse.net], regarding Scrap Metal Legislation.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201200141
COMMUNICATION, dated 1/4/2012 submitted by Vice Mayor Qualls, from Anna Waitas, [annawaitas@yahoo.com] regarding Metal Recycling.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201200142
COMMUNICATION, dated 1/4/2012 submitted by Vice Mayor Qualls, from Rebecca Bowman Woods, [rwoods65@gmail.com] regarding Tougher scrap/recycling laws needed.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
Item #: 201200143
COMMUNICATION, dated 1/3/2012 submitted by Vice Mayor Qualls, from Ann Ivancic, [annivancic@aol.com] regarding Metal Thefts.
Item Status/Referral/Recommendations:
PUBLIC SAFETY COMMITTEE
***
MS. QUALLS
MS. SIMPSON
Item #: 201200132
RESOLUTION, dated 1/30/2012 submitted by Vice Mayor Qualls and Councilmember Simpson, EXPRESSING City Council's opposition to House Bill 408, as introduced on January 5, 2012, and Senate Bill 280, as introduced on January 10, 2012, which alter the composition of the board of the Cincinnati Metropolitan Housing Authority and effectively makes it more difficult to provide affordable housing accessible to all the residents of Hamilton County.
Item Status/Referral/Recommendations:
LIVABLE COMMUNITIES COMMITTEE
***
MS. QUALLS
MS. SIMPSON
MR. YOUNG
Item #: 201200133
MOTION, dated 1/30/2012, submitted by Vice Mayor Qualls, Councilmembers Simpson and Young that City Planning develop a text amendment to the zoning code that makes all billboards in an Urban Design Overlay District a prohibited use. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
LIVABLE COMMUNITIES COMMITTEE
***
MR. SEELBACH
MR. YOUNG
MS. SIMPSON
MS. QUINLIVAN
MS. QUALLS
Item #: 201200134
MOTION, dated 1/26/2012 submitted by Councilmembers Seelbach, Young, Simpson, Quinlivan and Vice Mayor Qualls, that the Administration bring to this Council a report on the findings and results (action taken) from the 2002 City of Cincinnati Disparity Study (Croson Study), and define planning and funding that may be required for a potential 2012 City of Cincinnati Disparity Study (Croson Study).
Item Status/Referral/Recommendations:
STRATEGIC GROWTH COMMITTEE
***
MS. SIMPSON
Item #: 201200131
RESOLUTION, dated 1/30/2012 submitted by Councilmember Yvette Simpson, RECOGNIZING the lifelong contributions of Judge William McClain and expressing Council's sincere appreciation for his efforts and accomplishments as a local pioneer whose goal was to improve the quality of life and pave the way for countless African Americans in the legal profession.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0006-2012
MR. WINBURN Y
MR. YOUNG Y
MS. QUALLS Y
MS. QUINLIVAN Y
MR. SEELBACH Y
MS. SIMPSON Y
MR. SITTENFELD Y
MR. SMITHERMAN Y
MR. THOMAS Y

MS. SIMPSON
MR. YOUNG
MR. SEELBACH
MS. QUINLIVAN
MR. THOMAS
MS. QUALLS
Item #: 201200135
MOTION, dated 1/30/2012 submitted by Councilmembers Simpson, Young, Seelbach, Quinlivan, Thomas and Vice Mayor Qualls, that the Administration release a Request for Proposal to administer the 2012 Summer Youth Employment Program in the amount of $515,000. We further move that the Administration allocate $106,000 to the Parks Department, $189,000 to the Recreation Department, and $120,000 to ArtWorks, also for the administration of the 2012 Summer Youth Employment Program. (STATEMENT ATTACHED)
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
CITY MANAGER
Item #: 201200116
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/1/2012, approving and authorizing the execution of a Community Reinvestment Area LEED Tax Exemption Agreement with St. Paul Village II Limited Partnership, thereby authorizing real property tax exemption for a period of twelve years in connection with the renovation of a 65-unit apartment building to Leadership in Energy and Environmental Design Certified Silver, Gold or Platinum standards, as defined by the U.S. Green Building Council located at 5515 Madison Road, Cincinnati, Ohio, 45227, at an estimated cost of $6,490,350.00 in the City of Cincinnati Community Reinvestment Area.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201200120
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/1/2012, accepting with gratitude a gift of funds in the amount of $4,196.25 from MPS, LLC for the purpose of purchasing five (5) Apple iPad tablet computers for the Cincinnati Police Department, to be used in relation to enhancing certain investigative abilities and resource management abilities during labor intensive events and to enhance dignitary protection details, amongst other law enforcement uses.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201200121
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/1/2012, providing for the issuance of notes in the principal amount of $4,670,000 by the City of Cincinnati in anticipation of the issuance of bonds, and to provide funds for park improvements.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201200122
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/1/2012, providing for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio, in the principal amount of $12,805,000 for the purpose of street improvements.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201200123
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/1/2012, authorizing the transfer and appropriation of the sum of $150,000 from the unappropriated surplus of Convention Center Fund 103 to existing capital improvement program project account number 980x243x122401, "Capital Maintenance," in order to provide resources for the replacement of carpet at the Duke Energy Convention Center; and further AUTHORIZING the transfer and appropriation of the sum of $265,000 from the unappropriated surplus of Convention Center Fund 103 to existing capital improvement program project account number 980x243x122402, "Furniture, Fixtures and Equipment," in order to provide resources for the replacement of public space furniture and the purchase of exhibit hall curtains at the Duke Energy Convention Center building.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201200124
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/1/2012, providing for the issuance of notes in the principal amount of $4,556,300 by the City of Cincinnati in anticipation of the issuance of bonds, and to provide funds for recreation improvements.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201200125
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/1/2012, providing for the issuance of notes in the principal amount of $8,784,000 by the City of Cincinnati in anticipation of the issuance of bonds, and to provide funds for street improvements.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201200126
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/1/2012, providing for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $6,630,000 for the purpose of public building improvements.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201200127
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/1/2012, providing for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $5,565,000 for the purpose of making equipment improvements.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201200128
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/1/2012, providing for the issuance of notes in the principal amount of $329,700 by the City of Cincinnati in anticipation of the issuance of bonds, and to provide funds for public building improvements.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
Item #: 201200130
ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/1/2012, authorizing the City Manager to accept and appropriate a grant in an amount of up to $259,563.00 from the Council on Aging of Southwestern Ohio to provide funding to the Cincinnati Recreation Commission to enhance its programming for senior citizens, including congregate meals at five sites, support for wellness programs, and support for the Senior Olympic Games.
Item Status/Referral/Recommendations:
BUDGET AND FINANCE COMMITTEE
***
CLERK OF COUNCIL
Item #: 201200155
ARTICLE, submitted by the Clerk of Council from Ted Bergh, Interim Executive Director, CMHA, 16 West Central Parkway, Cincinnati, Ohio 45202-7210 regarding Building Strong Communities.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200156
MEMO, dated 1/27/2012 submitted by the Clerk of Council from Councilmembers Smitherman and Winburn, cancelling the Special Session of City Council, Friday, January 27, 2012.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200145
REGISTRATION, submitted by the Clerk of Council from Legislative Agent Mark A. Romito, External Affairs Director, 525 Vine Street, Suite 407, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200146
REGISTRATION, submitted by the Clerk of Council from Legislative Agent Mark Allen Romito, Director-External Affairs AT&T, 525 Vine Street, Room 407, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200147
REGISTRATION, submitted by the Clerk of Council from Legislative Agent Mark A. Romila, AT&T Ohio, 150 E. Gay Street, Columbus, Ohio 43215.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200148
REGISTRATION, submitted by the Clerk of Council from Legislative Agent George T. Glover, Consultant, Managing Director, Focused Capitol Solutions LLC, 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202-3957.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200149
REGISTRATION, submitted by the Clerk of Council from Legislative Agent KMK/John Cranley, Lawyer, 1 East Fourth Street, Suite 1400, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200150
REGISTRATION, submitted by the Clerk of Council from Legislative Agent Edward J. Babbitt, Vice President & Senior Counsel, 400 Broadway, Cincinnati, Ohio 45202.
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200151
REGISTRATION, submitted by the Clerk of Council from Legislative Agent George T. Glover, Consultant, Managing Director, Focused Capitol Solutions LLC, 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202. (The David J. Joseph Company)
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200152
REGISTRATION, submitted by the Clerk of Council from Legislative Agent, George T. Glover, Consultant, Managing Director, Focused Capitol Solutions LLC, 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202-3957. (PWC)
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200153
REGISTRATION, submitted by the Clerk of Council from Legislative Agent George T. Glover, Consultant, Managing Director, Focused Capitol Solutions LLC, 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202-3957. (Dynotec, Inc.)
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200154
REGISTRATION, submitted by the Clerk of Council from Legislative Agent George T. Glover, Consultant, Managing Director, Focused Capitol Solution, LLC, 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202-3957. (The Children's Home of Cincinnati)
Item Status/Referral/Recommendations:
FILE
*** FILED
Item #: 201200144
STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Scott C. Stiles, Asst. City Manager.
Item Status/Referral/Recommendations:
FILE
*** FILED
LIVABLE COMMUNITIES COMMITTEE
Item #: 201200003
ORDINANCE, submitted by Milton Dohoney, Jr., City Manager, on 1/5/2012, designating the area in the Clifton neighborhood including Clifton Hills Avenue, Clifton Crest Terrace, Clifton Hills Terrace, the east side of Old Ludlow Avenue between 826 and 882 and Ludlow Avenue, between 785 and 877 on the west side and between 786 and 820 on the east side as a Residential Parking Permit Area restricting parking to certain vehicles as set forth in Cincinnati Municipal Code Chapter 514.
Item Status/Referral/Recommendations:
PASS
*** PASSED 0017-2012
MR. WINBURN Y
MR. YOUNG Y
MS. QUALLS Y
MS. QUINLIVAN Y
MR. SEELBACH Y
MS. SIMPSON Y
MR. SITTENFELD Y
MR. SMITHERMAN Y
MR. THOMAS Y

Item #: 201200117
REPORT, dated 01/31/2011, submitted by Vice Mayor Qualls from Milton Dohoney, Jr., City Manager, concerning 637 Steiner Street - Our Lady of Perpetual Help Church.
Item Status/Referral/Recommendations:
APPROVE & FILE
*** APPOVED & FILED