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News Transportation

Cincinnati Moves Forward With Land Use Study of Wasson Railroad Corridor

On November 14, Cincinnati’s Department of City Planning & Buildings held a public hearing on its upcoming land use study for the disused Wasson Road Railroad and adjacent properties.

Norfolk-Southern Railroad ended service on the line in 2009, and in 2010 the City of Cincinnati’s Department of Transportation & Engineering (DOTE) identified the right-of-way as a future off-road bicycle path in its planned 400-plus-mile network of bike lanes and trails.

Local bicycle advocates have since built public support for construction of a paved rails-to-trails bicycle path between Xavier University and Fairfax as part of a project called the Wasson Way Trail.


The proposed Wasson Way Trail would use the Norfolk Southern Railroad right-of-way to create a bike trail from the Little Miami Trail to Xavier University. Image provided.

On Wednesday, however, city officials were quick to mention that the upcoming land use study is just that – a determination of how the Norfolk Southern property and its surroundings might be rezoned in order to protect the right-of-way up until and after the right-of-way is purchased by Cincinnati – not a determination of what should be built in its place.

Already, Norfolk Southern has leased some of its railroad property for other uses. In 2011, a shopping center at Wasson Road and Edwards Road created a gravel parking lot on the disused tracks and another business near Paxton Road is looking to do the same.

Although Federal regulations prohibit railroads from subdividing their disused properties until they complete an “abandonment” process, Wasson Way Trail advocates are concerned that revenue from additional leases might discourage Norfolk Southern from selling the right-of-way to the City of Cincinnati at a future date.

Michael Moore, Director of the City of Cincinnati’s DOTE, stated that appraisals of the Norfolk Southern property fall close to $2.5 million. He cautioned, though, that this appraisal should not be thought of as a sale price, as the terms of the City’s purchase of the property cannot be known at this time.

Multi-Modal Use of the Corridor
At the November 14 meeting, city officials also made a point of stating that the title of the upcoming land use study has not been determined but that it will make no explicit mention of bicycle paths, light rail transit, or multi-modal use of the corridor.


Members of Queen City Bike joined Cincinnati City Councilmember Laure Quinlivan (D) and former MetroMoves chairman John Schneider for a walk along the Wasson Railroad Corridor in May 2012. Photograph by Jake Mecklenborg for UrbanCincy.

Construction of a double track light rail transit line in the right-of-way was first identified by the OKI Regional Council of Governments in the late 1970s. Then in 2002, the Southwest Ohio Regional Transit Authority (SORTA) planned to build a light rail line in place of the Wasson Road freight railroad as part of its MetroMoves plan and failed sales tax referendum. If the ballot issue had passed, construction of a light rail line would have almost certainly commenced soon after Norfolk Southern ceased freight service in 2009.

The width of the Norfolk Southern right-of-way varies wildly as it travels between Xavier University and Hyde Park. It is typically at least 30 feet wide, but in a few places widens close to 100 feet.

In May 2012 members of Queen City Bike walked the right-of-way with John Schneider, who had previously chaired the MetroMoves campaign. At that time, the groups agreed that conflicts between the proposed bike path and light rail line can be avoided if the two are planned as a unified project.

Further complicating the issue is that small sections of the Norfolk Southern property fall under the jurisdiction of the City of Norwood. These sections are all north of the line’s main tracks, for example the railroad’s former yard tracks near Montgomery Road. As Norwood is not involved in Cincinnati’s upcoming land use study, and Cincinnati of course has no influence in its affairs, whatever zoning changes Cincinnati applies will not affect bordering Norwood properties.

The Department of Planning & Buildings will complete its land use study in summer 2013, but with no immediate plans to enter into negotiations with Norfolk Southern, there is no timeline for construction of the Wasson Way Trail.

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Opinion Politics

Will the passage of Issue 4 pave the way for a future ward-based council?

Cincinnati’s sweeping 1924 voter-approved charter reforms were designed to enable the ouster of the Boss Cox Machine, and continue to form the framework of today’s municipal government. Although the new charter’s proponents, especially Murray Seasongood, celebrated the supposed perfection of their replacement City Manager System, the new city government was not designed for the long-term benefit of the citizenry so much as to keep the Cox Machine from returning to power in the 1927 or 1929 elections.

Since being implemented, the city manager and a nine-member council have remained a constant, but important features of the 1924 reforms have since been eliminated or replaced one-by-one by periodic voter-approved charter amendments.

Proportional representation ended in 1957, eight-year council term limits were introduced in 1991, and an independently elected mayor began in 1999.


Will the passage of Issue 4 pave the way for even more political reforms at City Hall?

The charter reforms destroyed the Cox Machine by changing nearly every feature of municipal government with the notable exception of council’s two-year term. Under Cox, an executive mayor reigned over a 32-seat council that was under machine control – although there might be significant turnover in a particular council election, new personnel had no real effect on the city’s direction.

With two-year terms, Cincinnati’s reform charter “good government” become chronically susceptible to flip-flopping and obstructionism due to at-large elections, the disappearance of the executive mayor, and tying the hands of a political machine that controlled who could run for council and how they voted once installed.

Issue 4, which is prominently discussed with Terry Grundy during Episode 11 of The UrbanCincy Podcast, promises to stabilize and therefore improve the effectiveness of city government by replacing the chaotic two-year election cycle with four-year terms held in the same years as mayoral elections. This arrangement will enable a mayor to set a four-year agenda he or she determines practical given the makeup of council. The charter language reads:

“Shall the Charter of the City of Cincinnati be amended to provide that the members of City Council shall be elected at-large for four-year terms by amending existing Sections 4, 5 and 5a of Article II, “Legislative Power”, existing Section 3 of Article III, “Mayor”, existing Sections 1, 2a and 2b of Article IX, “Nominations and Elections”, and existing Sections 1, 4 and 7 of Article XIII, “Campaign Finance”?”

The current eight-year term limits, enacted in 1991, will remain in effect. However, those new councilmen elected in 2011 including Yvette Simpson (D), Christopher Smitherman (I), P.G. Sittenfeld (D), Chris Seelbach (D), and Wendell Young (D) will be able to keep seats for a total of ten years if they are reelected in 2013 and 2017. While Roxanne Qualls (C) is eligible for a four-year term following three two-year terms, it is expected that she will run for mayor rather than council in 2013.

Opposing Arguments
Opponents have cast Issue 4 as a “power grab” by those currently holding seats on council. They also claim that council members should have to “face the voters” every two years, insinuating that council is inherently susceptible to corruption while ignoring the obstructionism that is enflamed by the two-year election cycle. Opponents also claim that short terms force council members to engage the city’s neighborhoods every two years as part of their reelection efforts.

Other opponents, including The Cincinnati Herald, argue that Cincinnati City Council should serve two-year terms because the U.S. and Ohio House of Representatives serve two-year terms. However, the U.S. and Ohio House are each one arm of bicameral legislatures – Everett, MA is the only remaining U.S. municipality with a bicameral city council.

Reappearance of Wards?
Issue 4 opponents have also argued against four-year terms by suggesting that switching City Council to a ward system will lead to better neighborhood representation and better city governance overall.

Under the current at-large system, many of Cincinnati’s 52 neighborhoods are being ignored in favor of Downtown and Over-the-Rhine, ward system advocates claim. The true motivation for wards, however, appears to be an attempt to break up the current Democrat majority, several of whom reside Downtown and in Over-the-Rhine.

If Issue 4 passes this November, we might see an effort in 2013 for sweeping charter reforms, including wards, intended to disrupt the potential eight-year tenure of Roxanne Qualls as mayor and a majority Democrat-led city council.

Those who would like to learn more about the Boss Cox era of politics in Cincinnati can do so by reading Jake Mecklenborg’s book, Cincinnati’s Incomplete Subway: The Complete History, which profiles how the charter reform government, led by Murray Seasongood, smeared the subway project in its efforts to embarrass Boss Cox.

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Up To Speed

Remaking a Columbus suburb for the creative class

Remaking a Columbus suburb for the creative class.

Dublin, Ohio, the affluent suburban city northwest of Columbus, has studied a radical remaking of its built environment aimed to attract young professionals and empty-nesters. Kaid Benfield examines plans for Dublin’s Bridge Street Corridor: mixed-use buildings, walkable streets, and light rail in place of typical suburban sprawl. What suburban neighborhoods in Cincinnati could, and should, be taking similar approaches? More from Switchboard:

From talking to residents, businesses and community leaders, Goody, Clancy found that Dublin is facing increased competition from downtown Columbus, other suburbs, and other parts of the country for the young talent needed to supply the diverse, skilled workforce sought by modern employers…and recognized that it will be important to build in a way that creates and strengthens neighborhoods, not just adds to them; that development should strengthen, not diminish, the town’s historic district and character; that transportation choices and more complete streets would be required; that the community’s greenway and open space network can grow.

The firm believes that the Bridge Street Corridor is an appropriate place to focus, with significant redevelopment opportunity due to the presence of several large parcels of land under single ownership (including commercial properties well past their prime), and several property owners seeking higher-value uses for their land. Focusing on the corridor would also present opportunities for increasing connectivity and transportation access, while avoiding impacts on the community’s single-family neighborhoods, which mostly lie outside the study area.

Categories
Business News Politics

Art Modell’s passing stirs up history that brought Cincinnati an NFL franchise and political turbulence

Art Modell’s two most notorious business decisions – the 1963 firing of Paul Brown and the 1996 move of the Browns to Baltimore – each had profound unintended effects in Cincinnati. Upon Modell’s recent passing on September 6, Cincinnati media noted that Brown’s ouster led directly to his 1968 founding of the Bengals, but the story is much more complex.

In 1961 Modell bought Paul Brown’s minority share of the Cleveland Browns for $500,000, and was then contractually obligated to pay his head coach’s salary for several years after his firing. It was with this money that Brown and investor Austin Knowlton established the Bengals and resolved to beat the Browns on the field and Modell in the business of owning an NFL franchise.

But the greater issue missed by the local media was Mike Brown’s 1996 negotiation of a stadium lease that, in two ways, assures the Bengals franchise he inherited from his legendary father will avoid a similar fate to Modell’s Browns and Ravens.

First, Brown will never be burdened with unpredictable stadium maintenance costs or the loss of a tenant. Second, the terms of the Paul Brown Stadium lease are so favorable that in late 2011 the Brown family paid approximately $200 million in cash to buy out minority owner Austin Knowlton. With no significant minority owners remaining, the Brown family is invulnerable to the sort of hostile takeover that brought down Art Modell — twice.

“The Move”
On December 17, 1995, just weeks after Modell announced his decision to move the Browns to Baltimore, footage of Browns fans tearing apart Cleveland’s Municipal Stadium was broadcast nationwide:


Scenes of Browns fans tearing apart Municipal Stadium were shown across the United States in 1995.

The groundwork for this mob scene was laid decades earlier, when Modell negotiated control of Cleveland Municipal Stadium from the City of Cleveland during its infamous financial crisis. The terms of the deal gave Modell all revenues – including luxury box revenue – from the city-owned stadium in exchange for upkeep and nominal annual rent. For 20 years Modell was able to maintain the 1930s-era stadium in part with luxury box revenue collected from the Indians (this lack of revenue for the Indians helped make them perennial AL East basement dwellers).

Folklore surrounding The Move speculates that Art Modell failed to anticipate that luxury box owners would abandon the Browns entirely after the Indians moved to Jacobs Field in 1994. But more astute observers assert that Cleveland’s business community used The Gateway Project – which built Gund Arena for the Cavs and Jacobs Field for the Indians but made no provision for Modell’s Browns – as a way to strip Modell of his Indians luxury box revenue and send his finances into a tailspin.

Mike Trivassono, sports host for Cleveland’s WTAM, asserts that this trap was sprung in order to transfer ownership of the Browns from majority owner Art Modell to minority owner Al Lerner. In 1999 the NFL sold the new Cleveland Browns franchise to Lerner for $500 million, and in 2012 Lerner’s son sold the team to Jimmy Haslam III for $1 billion.

The Move’s Effect in Cincinnati
After Paul Brown died in 1991, his son Mike assumed control of the team. The younger Brown, a graduate of Harvard Law School, maneuvered to put the Bengals well ahead of the Reds in negotiations with Hamilton County for a new stadium and lease – he would not be cornered by Cincinnati’s other professional sports franchise in the way Modell allowed himself to be compromised by Cleveland’s Gateway Project.

Brown knew from his experience sharing county-owned Riverfront Stadium with the Reds, and Modell’s loss of the Indians, that the NFL’s financial structure cannot work in multi-purpose stadiums. He also knew that terms that removed Bengals ownership from any responsibility in maintaining or upgrading their future stadium were essential to eliminating unknowns from later years of the lease.

It is important to recognize that the lease is structured so that the Brown Family – Mike Brown will be in his 90s if he lives to negotiate a new lease –will enter negotiations in the mid-2020’s in a position of financial strength, rather than Modell’s state of desperation.

Political and Cultural Fallout
In the 12 years since the first game was played at Paul Brown Stadium, Hamilton County’s financial obligations to the Bengals have remained a current event. The media and serving Hamilton County Commissioners are correct in placing some blame on the Commissioners who structured the stadium fund around an expected 3% annual increase in tax receipts. The source of the ongoing stadium controversy, however, is largely the creation of Hamilton County’s current commissioners who continue to play politics with the residential property tax rollback enacted in 1996.


The deal cut to fund the construction of Paul Brown Stadium has plagued Hamilton County since its passage. Photograph by Jayson Gomes.

By refusing to budge (except in 2010) on the inconsequential amount of money the rollback saves county homeowners, they are able keep the county in a perpetual state of crisis. They have then used this artificial crisis to justify shady activities, such as the recent sale of Drake Hospital.

The Long-Term Future of Paul Brown Stadium
Part of the 1990s effort to fund construction of two new stadiums in Cincinnati involved smearing Riverfront Stadium. A stadium celebrated as “The Jungle” during the 1988 Superbowl year was suddenly derided as “sterile”. Images of exposed parking garage rebar convinced the public that the stadium was too costly to repair. And other cities –notably Cleveland and Pittsburgh – had already started on new stadiums.

Save an unforeseeable change in the NFL’s revenue sharing arrangement, upon the expiration of the Bengals lease in 2026, Paul Brown Stadium should still be a profitable home for the Bengals or another NFL franchise. This means the motivation for a new football stadium will not come from the Brown family or the ownership of a replacement NFL franchise, but rather Hamilton County, should it determine that renovation and ongoing maintenance costs will approach the cost of debt service on a new stadium.

Lost in the never-ending stadium conversation in Cincinnati was the news that even after the epic drama and financial promise of The Move, Art Modell was forced to sell his majority ownership of the Baltimore Ravens in 2004 to a minority owner. As a result, just 1% of Ravens ownership will be passed onto his heirs.

In 2026 memories of Art Modell and The Move will have faded in Northeastern Ohio and his heirs might have completely exited Ravens ownership. But the grandchildren of the man Modell fired back in 1963 will still be in the football business, in complete command of a franchise worth well over $1 billion, and in negotiations for a new lease with Hamilton County or the ownership of a stadium elsewhere in the country.

Paul Brown and his son Mike without a doubt beat Art Modell in the business of running a professional football team. With the recent elimination of minority owners and the financial future of the Cincinnati Bengals rock solid, let’s pray Mike Brown turns his complete attention to events on the field.

Categories
Development News Politics Transportation

Funding questions loom while reconstruction of I-75 progresses

In the early 2000s the Ohio Department of Transportation (ODOT) formulated plans to rebuild and widen Interstate 75 between the Ohio River and I-275. The overall plan was divided into three project areas: The Brent Spence Bridge, Millcreek Expressway (Downtown north to Paddock Road), and Thru the Valley (Paddock Road north to I-275).

Originally all fifteen miles of work were expected to be completed by 2020, but ODOT’s financial crisis has meant just three of the 17 phases comprising the Millcreek Expressway and Thru the Valley sections have commenced construction. The complex character of the planned reconstruction means some phases must be built before others but little benefit to safety and traffic capacity will be realized until nearly all sections are complete.


September 2012 I-75 reconstruction photographs by Jake Mecklenborg for UrbanCincy.

In short, work currently underway will build retaining walls and build new overpasses for an expanded highway, but the expressway itself cannot be widened in these areas until adjacent phases are completed.  So improvements currently under construction at Mitchell Ave. might be decades old before they are put to full use – or worse, these future phases might never be built.

Thus far, ODOT has only completed the $7.1 million second phase which rebuilt the Monmouth Street overpass in Camp Washington. Originally planned to be built as part of Phase 5 (Hopple Street to Mitchell Avenue), the Monmouth Street Overpass was deemed “shovel-ready” and funded through the American Recovery & Reinvestment Act of 2009.

The $53 million reconstruction of the Mitchell Avenue Interchange (Phase 1) began in 2011. Construction crews are presently demolishing the 57-year-old Mitchell Avenue and Clifton Avenue overpasses and preparing the right-of-way necessary to widen I-75 from six to eight lanes.

ODOT has scheduled a summer 2014 completion for the Mitchell Avenue work.

Modification of the Colerain/Beekman/I-74 Interchange (Phase 3) also commenced in 2012. This $13 million project is also currently taking place, and is also scheduled for completion in 2014.


An ODOT official explains what led to the financial troubles of ODOT at a Transportation Review Advisory Council meeting in 2011. Video by Jake Mecklenborg for UrbanCincy.

Yesterday ODOT Director Jerry Wray announced funding for the first phase of the $467 million Thru The Valley project.  Although funding is now programmed for reconstruction of I-75 between Shepard Lane and Glendale-Milford Rd. beginning in 2021, there is still no definite timetable for the Thru the Valley’s other 7 phases.

These delays in work on I-75 in Cincinnati illustrate the central problems with state and federal gasoline taxes: the taxes are not automatically adjusted with inflation, causing revenues to drift downward over time, and proceeds fall when high gas prices motivate people to drive less. Until either or both gasoline taxes are raised, or ODOT identifies new funding sources, reconstruction and widening of I-75 will proceed at a glacial rate, and drivers will realize little benefit from completed early phases.