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Development News Transportation

What’s for Cincinnati to Learn From the Indianapolis Cultural Trail?

Unlike Cincinnati, Indianapolis has wide streets. The streets are so wide that there is room to do some neat things within the right-of-way with regards to non-automobile forms of transportation.

As a result, Indianapolis Mayor Greg Ballard (R) made it a priority of his administration to not only support the eight-mile Indianapolis Cultural Trail, but to create a city-wide bicycle network that he hopes will have 200 miles by 2015.

It’s a steep change for a city that had virtually no on-street bike lanes in 2007, and only 70 to 75 miles of on-street bike lanes now.

“It feels different when you’re riding a bike, because of how it’s been built and what’s underneath it,” Mayor Ballard told Clarence Eckerson Jr. from Streetfilms. “It’s the part about connecting up everything that’s really made a dramatic impact and is getting the international attention.”

The $63 million project was largely funded through private contributions, and has now created a physically separated pedestrian and bicycle facility that connects many of the city’s significant attractions and center city neighborhoods.

As Cincinnati works on developing a bicycle network of its own, complete with physically separated facilities like the Cultural Trail, what do you think the Queen City should do the same or do differently?

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Business Development News Politics Transportation

Parking Lease Deal to Move Forward Following Appeals Court Ruling

photo (5)This morning the Hamilton County Court of Appeals released its decision on the court case (Lisa McQueen, et al. vs. Milton R. Dohoney, Jr., et al.) concerning whether the City of Cincinnati had the right to enact emergency ordinance provisions in leasing its parking assets to a third party. The decision from the court struck down a lower court’s ruling and in turn upheld the city’s parking lease ordinance and the right for City Council to enact emergency ordinances.

The decision means that the City of Cincinnati can enact its Parking Modernization & Lease Plan, which was passed by City Council 5-4 in March. The ruling also states that citizens do not have the right to file a referendum on items passed with an emergency clause, thus eliminating the possibility of a public vote on the parking lease deal this November.

Immediately following City Council’s March vote, opponents of the plan filed a taxpayer lawsuit against the plan and Judge Robert Winkler issued a restraining order preventing the city from using the emergency ordinance clause for this issue or any issue before the City of Cincinnati. In this particular case, Judge Winkler’s restraining order was issued within minutes of its vote.

Judge Winkler then heard arguments the following week and made a ruling in early-April that allowed a referendum on the emergency ordinance to move forward by questioning the clarity of the city’s charter provisions on the matter.

In May the Court of Appeals heard arguments from both sides. Today the long-awaited decision was announced. In making its decision the Court of Appeals considered several things.

  1. Whether the Plantiff in the case followed the proper legal procedure in filing for the taxpayer lawsuit. The decision documents state in three separate paragraphs that the plaintiffs failed to make the necessary $325 deposit. “The plaintiffs-relators intimate that they cured the deficiency by paying the $325 deposit after the common pleas court had entered its judgment. But the record certified on appeal does not demonstrate that any deposit was made.” Paragraph 23.
  2. Emergency Ordinances are subject to referendum if provisions are provided within the city’s charter: The city’s charter has language outlining the way the city can pass ordinances and emergency ordinances. It also outlines the provisions for referendums. The charter also defaults to state law provisions for what the charter does not cover. Since there were no provisions in the charter for referendum of emergency ordinances, they cannot be challenged to referendums.
  3. The court found that the Emergency Powers provision was backed up by 90 years of case law. In the 90+ years since the enacting of the city’s charter government, Hamilton County and State level courts have ruled in defense of the city’s emergency powers provisions.
  4. The court found that the city properly outlined the nature of the emergency in enacting the emergency ordinance.
  5. The City’s Charter was not ambiguous. The court took the path of interpreting the charter as a whole instead of the sum of its parts.

The ruling is being considered a major victory for the City of Cincinnati as it is now able to move forward with its Parking Modernization & Lease Plan, which will provide an upfront payment of $92 million and annual installments of $3 million from the Port of Greater Cincinnati Authority.

It also defends a wide array of city actions, that are passed with the emergency ordinance clause, from being subject to public referendums. Over the past several years, a host of decisions made by a plurality of City Council had been subject to what some believe is an inefficient way of running a government.

“While Cincinnatians for Progress did not take a position on the parking lease, we believe that good governance is critical to the city of Cincinnati, and we believe that our representative democracy as outlined in the city’s charter is good governance,” Derek Bauman, Co-Chair for Cincinnatians for Progress, told UrbanCincy. “In addition, it is vital for the city to have the ability to pass ordinances as an emergency when necessary. We welcome the appeals court ruling.”

What has yet to be decided is what will happen with the $92 million upfront payment, which was originally planned to cover the city’s budget gap and provide funding for a host of economic development deals.

Since that time, the City of Cincinnati has passed a budget, which originally was to get $25.8M from the parking lease deal, and found alternative funding sources for a number of the projects ($20M for MLK Interchange, $12M for 4th/Race Apartment Tower) involved in the original list.

The result is a $57.8 million question now put before Mayor Mallory’s Administration and City Council.

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Arts & Entertainment News

URBANexchange Returns Tomorrow

Summer is in full swing and what better way to enjoy it than to grab some beer, eat some pretzels and meet new friends! URBANexchange returns this Wednesday evening at 5:30pm at the Morelein Lager House for our fourth URBANexchange of the year. The event is located at the Lager House’s biergarten which overlooks the scenic Jacob G. Schmidlapp lawn in the Smale Riverfront Park.

URBANexchange

The goal of the URBANexchange gatherings is to maintain a monthly event where fellow urbanists can gather to discuss what’s going on in the city, and meet others with similar interests as their own.

The event is a casual way to unwind from the day and an opportunity to meet similar like minded people. There is no formal presentation or formal anything. And as always there is no cover charge for attending.

We encourage people to come out, bring some friends, and make some new ones.

“I’ve been to many of the events this year and its been a great way to meet new people and have great discussions,” said Andrew Stahlke, a frequent visitor to URBANexchange, “There’s a wide range of discussions and people from different backgrounds and all walks of life.”

As usual, we host a small raffle at the end with prizes. At this month’s event we’ll be giving away two gift certificates to the Morelein Lager House.

A percentage of all purchases at URBANexchange go to support the operations of the adjacent Smale Riverfront Park. We hope to see you there!!

Categories
Business Development News Politics

Cincinnati Receives Federal Approval for Innovative Green Infrastructure CSO Fix

Last week the U.S. Environmental Protection Agency (EPA) approved the solution proposed by the Metropolitan Sewer District of Greater Cincinnati (MSD) for fixing its combined sewer overflows (CSOs) into the Mill Creek.

Cincinnati is one of many cities struggling to fix their CSOs, which are caused by a combination of higher water runoff and sewer systems that were designed to accommodate both stormwater runoff and sewage. What it means in real terms is that when there are heavy rain events, the stormwater fills up the sewers and then mixes with the sewage.

According to the EPA, raw sewage contains pathogens that threaten public health, leading to beach closures and public advisories against fishing and swimming, and is a problem that particularly affects older urban area.

Lick Run Project
MSD’s plan to reduce 1.5 billion gallons of CSOs from the Mill Creek will include the transformative Lick Run project in South Fairmount.

As a result, under a 2010 consent decree, the MSD was required to either construct a deep-tunnel system under Mill Creek, or conduct further analysis and propose an alternative plan. What is unique about Cincinnati’s approved plan is that it deviates from the standard ‘gray’ tunnel solution, and instead proposes using green infrastructure fixes to reduce stormwater runoff.

“We are very excited to move forward with our innovative wet weather solution that not only provides highly cost-effective compliance with our Consent Decree but simultaneously sets the groundwork to enhance our communities,” James A. “Tony” Parrott, MSD’s Executive Director, said in a prepared release.

In addition to the environmental benefits of Cincinnati’s alternative plan, it is also expected to save taxpayers approximately $200 million upfront and remove 1.78 billion gallons of CSOs annually from the Mill Creek.

The savings come from not building a new deep-tunnel system to accommodate the excess stormwater runoff, and instead aiming to reduce the amount of stormwater flowing into the sewer systems during heavy rains.

The green infrastructure solution being pursued by Cincinnati is already being viewed as a national model for other cities looking to clean up their waterways.

Lick Run View (Northwest) Lick Run View (Southwest)
The $192M Lick Run project would create a linear park through South Fairmount along a newly ‘daylighted’ stream. Images provided.

The hallmark feature of the plan is the $192 million Lick Run Project, which will ‘daylight’ the former creek through the heart of South Fairmount and creating a linear park that officials say will convey stormwater and natural drainage to the Mill Creek. This project alone is estimated to reduce overflows into the Mill Creek, from the largest CSO in the system, by 624 million gallons annually.

“This plan is good news for the residents of Cincinnati and for communities along the Ohio River,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Not only will this innovative plan ensure that significant volumes of polluted stormwater and raw sewage are kept out of local waterways, but it will also cost less than more traditional approaches, saving money for ratepayers and the city.”

In addition to the Lick Run Project, MSD’s phase one fixes will also include upgrades to the West Fork, Kings Run, and Bloody Run watersheds that will result in an additional 422 million gallons CSO reduction.

The combined phase one work is planned to take place over the next five years and is estimated to create nearly 1,000 full-time equivalent construction jobs.

MSD officials say that plans for phase two work will be submitted in 2017, and will aim to address CSOs in the Lower Mill Creek watershed. While the plans are not yet finalized, both MSD officials and regulators believe the final remedy will also use an integrated watershed plan approach.

Categories
News Politics Transportation

Support for Public Transit Grows, While Funding Sources Remain Limited

A new survey conducted by the Mineta Transportation Institute (MTI) reveals that nearly 74% of Americans support the use of their tax dollars for “creating, expanding, and improving public transportation” in their community.

The results were championed by groups like the American Public Transportation Association (APTA) at their annual rail conference being held in Philadelphia.

“We are experiencing this surge in support because citizens can see, touch, and feel the economic impact of investing in public transportation,” said APTA Chair Flora Castillo. “This survey emphasizes that public transit plays a great role in society because it directly touches people’s lives.”

Metro Buses
Ridership and public support for transit has continued to grow in Cincinnati, despite consistent attacks from the Kasich administration. Photograph by Randy Simes for UrbanCincy.

The survey comes as many transit agencies around the United States are experiencing gains in ridership, including an additional 200,000 riders on Metro bus service in 2012. The news also comes on the heels of the approval of Ohio’s budget which includes a provision that bans students in grades K-5 from using transit buses for their transportation to or from school.

“A provision like this would be devastating to these students’ ability to get to school,” Roseanne Canfora, spokeswoman for the Cleveland Metropolitan School District, told the Cleveland Plain Dealer in May.

Cincinnati Public Schools (CPS) also utilizes Metro bus service to get students to and from school. While Metro’s contract with CPS does not include students in grades K-5, the state-level changes reflect a growing anti-transit sentiment from the statehouse in recent years.

While ridership on transit and support for taxes going towards transit increases throughout Ohio and the United States, the State of Ohio continues to invest in almost exclusively roads. In the recommended 2014-2015 Transportation Budget, Governor John Kasich (R) and ODOT Director Jerry Wray call for a mere 1.9% of the $3.1 billion budget to go towards public transportation.

The newly released study championed by APTA focuses on national policy, however, and shows that the non-profit advocacy group aims to arm themselves with the results.

“We look forward to sharing these great results with Congress,” said APTA President and CEO Michael Melaniphy. “In most political circles, receiving nearly 74 percent in favor of increased investment would be considered a landslide.”

The MTI-conducted survey also found that 66% of Americans believe that Congress should increase its spending for public transportation.

Locally in Cincinnati, meanwhile, funding levels for Metro continue to stagnate as the City of Cincinnati has remained as the sole regional financial contributor to the Southwest Ohio Regional Transit Authority (SORTA) since its creation in 1973.

SORTA officials have attempted to grow support from regional partners by restructuring its board, as recently as 2009, to include more regional representation from Butler, Warren and Clermont Counties. The efforts, however, have not yet changed the funding equation.

“Any change to the current funding system is a matter for consideration by Cincinnati and Hamilton County elected officials, and voters in this region,” explained SORTA Board chair, Suzanne Burke. “We are unaware of any changes being considered, and additional public funding from Clermont, Warren or Butler counties is for their citizens and elected officials to consider.”

With no additional funding partners or public taxes envisioned for the near future, SORTA officials are working to continue to grow and restructure its service that is reflective of the changes in the city and region over the past 40 years – something that has not, and will not be easy to do.

“Metro is pleased with the recent news released by APTA,” Burke concluded. “We believe this region’s changes since 1973, when our system was formed, require us to consider possible improvements in public transportation. Public transit is a key job connector and a huge factor in the improved quality of life in our region.”