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The Plot Continues to Thicken for Cincinnati’s $133M Streetcar Project

Streetcar Charter Amendment Announcement
Streetcar Supporters Gather Outside City Hall to Announce the Start of a Charter Amendment Petition Drive. Photograph by John Yung for UrbanCincy.

In the latest twist of the ongoing Cincinnati Streetcar saga, the Federal Transit Administration (FTA) Administrator, Peter Rogoff, sent a piercing letter to Mayor John Cranley (D) and all nine members of City Council informing them that the FTA is planning to act quickly on what they perceive as a material breach of contract.

“The Cincinnati City Council passed eleven ordinances on December 4, 2013, that have the effect of suspending progress on the Cincinnati Streetcar Project, an unprecedented action to suspend a federally funded transit project while it is currently under construction and after the City committed approximately $116 million in expenditures and contractual agreements,” Rogoff wrote.

“The Council’s action is a material breach of the FTA Master Agreement and the separate Grant Agreements executed between FTA, the City, and the Southwest Ohio Regional Transit Authority to fund the project. As such, I write to inform you that unless this action is reversed and I receive not later than midnight on December 19, 2013, unequivocal assurances that the City will proceed with the project to completion on the current FTA-approved schedule, FTA will immediately terminate all of its grant obligations for the project and initiate a debt collection action to recover money owed.”

Strong words. It is no wonder Mayor Cranley jumped out in front of the media early on Facebook Friday morning to spin the letter as a positive development for his administration.

But what it also means is that the City of Cincinnati must complete its third financial audit of the project, with KPMG, no later than that date and should make a decision FTA finds satisfactory in order to avoid the loss of $40 million from the Federal government and debt collection on another $5 million of Federal money already spent.

“The City understood FTA’s position before it decided to suspend the project,” Rogoff emphasized with regard to ongoing claims by some streetcar opponents, contrary to what FTA has directly told them, who believe the $45 million in Federal funding could be reprogrammed to other area transportation projects.

Those activities happened on Friday and continued to evolve over the weekend. Meanwhile, the group fighting Mayor Cranley on this matter held a press conference on the steps of City Hall Monday morning announcing the start of a petition drive that would place a Charter amendment forcing the administration to finish the project according to its contractual agreements.

Streetcar supporters will need to gather 5,970 signatures in order to have the Charter amendment placed on the ballot, but say they are striving to collect 12,000 within five days in order to send a message to City Hall. Should they get the necessary signatures, it would be placed on the ballot for voters within 60 to 120 days according to state law.

“We are confident that this [the city’s ongoing financial audit] will show that the cost to stop the streetcar is more than the cost to continue,” Ryan Messer, unofficial spokesman for the ‘We Believe in Cincinnati’ organization, told the crowd. “We hope at that point City Council will remove the pause button and hit the restart button, so we can continue to see the growth and development that has already come as a result of the Cincinnati Streetcar.”

Article XVII Streetcar Charter Amendment


At the same time, Mayor Cranley has gone on the record and stated that he would potentially veto any majority vote by City Council to restart construction and complete the project. Such a move would require the Charter amendment or a 6-3 super majority vote of City Council to override the mayor’s veto.

Following Monday’s press conference, the ‘We Believe in Cincinnati’ organizers say they will host a signature gathering training session tomorrow evening at First Lutheran Church at 1208 Race Street in Over-the-Rhine from 6pm to 8pm. Organizers say all are welcome to attend and that they expect hundreds to show up for what will be the first of a five-day blitz to collect thousands of signatures.

In order to get to the super majority vote, streetcar supporters need both Vice Mayor David Mann (D) and Councilman Kevin Flynn (C) to side with the four existing council members supporting the project. While both Mann and Flynn have stated, and campaigned on the fact, that they would consider the facts and figures before making a decision, both have shown indications that their minds may already be made up even before the latest audit is completed.

“I’m not against the streetcar because I’m against streetcars,” Flynn, who prior to being elected had been a prominent streetcar supporter, told The Enquirer on Monday. “I’m against it because I don’t think it makes economic sense for the city right now. I don’t think the numbers are going to come back supportive.”

Whether Flynn and Mann were sincere in saying that they would reasonably consider the facts and figures associated with taking “unprecedented action” to cancel a project already under construction, or not, is yet to be seen. But in either case it appears that streetcar supporters have a tough road ahead of them.

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Business Development News Politics Transportation

After Another Day of Chaos at City Hall, Council Votes to “Pause” Streetcar Project

Today was the day that would show the true colors of those members of council freshly sworn into office. They were faced with a decision of voting to continue and finish construction of the Cincinnati Streetcar project, or voting to pause and essentially cancel the project altogether.

A shifting landscape continued to alter the debate and make the whole vote more intriguing, and thus more revealing. Yesterday a confidential document was leaked, that courts had ordered remain confidential, and showed that city attorneys felt the city might lose its case against Duke Energy for the cost of relocating utilities along the streetcar line. Many suspect the document was leaked by Mayor John Cranley’s (D) administration. Such a legal loss would cost the City the $15 million it currently has set aside in escrow.

On Monday, the Haile/U.S. Bank Foundation had offered up private money to fund the independent financial review of the project, which was then matched by an anonymous contribution on Wednesday that would also cover the costs of construction to continue while that study was conducted. Both offers were turned down by Mayor Cranley and the five members of City Council who ultimately voted to pause the project indefinitely.

Cincinnati Streetcar Financial Summary

Acting City Manager Scott Stiles also informed City Council that such an action to “pause” the project would cost the City between $2.6 million to $3.6 million per month due to contractual obligations – a number that exceeds the total amount it costs to merely continue construction activities.

An official vote to continue or cancel the $133 million project is expected to come following the conclusion of the financial review.

Some city officials believe the move will result in the Federal Transit Administration pulling $40 million in unspent money from the project and beginning debt collection on the $5 million already spent by the city – thus increasing the local cost share for city taxpayers. Others believe that the way in which the 11 approved ordinances have been written give the City a limited amount of time before the federal government acts.

During the hearing there were times that both Vice Mayor David Mann (D) and Councilman Kevin Flynn (C) seemed to be conflicted. They had both campaigned on their skepticism of the project, but vowed to carefully review the facts and figures associated with cancelling the project at such an advanced stage. Those promises, however, appear to have been not much more than lip service in order to appease their progressive base of supporters.

What actually happens next is anyone’s guess. A lawsuit has been threatened by a Cincinnati resident and attorney alleging Councilman Christopher Smitherman (I), who was one of the five voting against the streetcar today, has a conflict of interest and therefore has committed wrongdoing by voting or engaging in official discussion on the matter.

Additional legal action may come from citizens trying to block today’s action by council that prohibits citizens from placing the matter on the ballot for a third time. Outside of that, both CAF and Prus appear poised to file lawsuits against the city for breach of contract.

If streetcar supporters are successful at getting the matter put on the ballot, such an issue could be placed before voters as soon as 90 to 120 days following that motion. Although, it is expected that the Federal government could still pull their investment during that time regardless.

Atlanta Streetcar Construction
As politicians continue to bicker over Cincinnati’s $133M streetcar project after six years, Atlanta blazes ahead with construction of its own $69M streetcar project near Centennial Olympic Park. Image provided to UrbanCincy.

What makes the whole matter more startling is the apparent change of heart from the city’s powerful business community. Earlier today, the Business Courier reported that leadership at companies including Procter & Gamble, Frost Brown Todd, CBRE, Otto M. Buding Family Foundation, Haile/U.S. Bank Foundation, Greiwe Development Group, Grandin Properties, Blue Chip Venture, Jack Rouse Associates and Fifth Third Bank all expressed specific interest in either finishing the streetcar project or moving forward with a comprehensive regional rail transit system.

The Cincinnati Enquirer has also changed their position in recent weeks calling on the new mayor and council to finish the project.

All this combined with the change of position by P.G. Sittenfeld (D), who is now in favor of finishing the streetcar project, have seemingly empowered the active pro-streetcar groups causing some to urge for a recall of Mayor Cranley. Recall election or not, streetcar supporters are stating the battle is not over after today’s expected vote.

Who knows what will happen next, but what happened this week defies logic. In a matter of just three days, the new mayor and council have undone all the work that has taken place over the past six years to get the streetcar project to this point. Some may call that rushed, chaotic and reckless, and we would be inclined to agree with those people.

We know many of our readers are very passionate about this issue and very much want to see the first phase of the streetcar not only completed, but eventually expanded city-wide in a manner that compliments regional rail and bus transit. We will be getting together at the Moerlein Lager House tomorrow from 5:30pm to 8:30pm for our monthly URBANexchange event, and we would love for you to join us and share your feelings and discuss what you think will or should happen next.

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Business Development News Politics Transportation

Hundreds of Streetcar Supporters Rally in Over-the-Rhine as New Mayor, Council Are Sworn In

There has never been a single anti-streetcar event that has gathered more than 20 people, but earlier today it was estimated that close to 1,000 Cincinnati Streetcar proponents gathered with green balloons at Washington Park to show their support.

Event organizers from Cincinnatians for Progress and We Believe in Cincinnati lined up the hundreds of supports for blocks – stretching from in front of Music Hall on Elm Street to north of Findlay Market, where streetcar tracks are currently being installed.

The event also came on the same day that the new mayor and city council were sworn into their offices, marking the first time an organized protest of hundreds took place on the first day for newly elected leadership. With a defiant Mayor John Cranley (D) and five of the nine members of City Council poised to pass a bizarre collection of ordinances in order to bypass any further public protest of their actions, it appears that legal fights are about to begin.

Also earlier today, Mayor Cranley and Councilmember Chris Smitherman (I) outlined exactly how they intend to make it all work to their favor. At the same time, reports surfaced of a potential conflict of interest for Smitherman due to his brother’s involvement with the $133 million streetcar project through Jostin Construction.

A majority of city council and the mayor himself have stated that they support the right to referendum, but their proposed legislative action would run counter to that. Whether or not they will allow Cincinnatians to vote on the streetcar directly for a third time, or be forced by the courts to do so, is yet to be seen.

The next big event will take place on Monday, December 2 at 4pm inside City Hall. City Council will hold a special hearing on the streetcar project at that time, and it is expected to be heavily attended by both supporters and opponents. Those who would like to attend are encouraged to arrive early. Those unable to attend that would still like to get involved can do so by donating to the Alliance for Regional Transit and by signing up to volunteer.

“Does it make any sense to lose our reputation with the federal government simply because we want to prove a political point,” Rob Richardson asked the boisterous crowd. “I’ll tell you what does make sense…it makes sense that we have to fight for a comprehensive transportation system so we can compete with cities all across this country and all across the world. That is the goal.”

“We measure greatest not by what we cut, but by what we accomplish.”

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Business Development News

University of Cincinnati Moves Forward With Two Demolition Projects

Last week construction crews began demolishing the 81-year-old Wilson Auditorium along Clifton Avenue. The structure had sat vacant, used for not much more than storage, for decades and had been planned for demolition for just as long.

University of Cincinnati President Santa Ono reassured concerned students in September that the building’s historic facades would be preserved.

A parking garage was once envisioned to take the place of Wilson Auditorium, but updated plans call for the construction of temporary classroom space for students displaced by the $45 million renovations taking place at the College of Education. Once that project is complete, the temporary structures will come down and school officials say that the site will be transformed into green space.

The future of another University-owned structure, however, also appears to be limited.

The Campus Services Building along Reading Road is rumored to also be in line for demolition. This 84-year-old structure was once home to a Sears Department Store and now sits on what will become prime real estate following the construction of the $108 million MLK Interchange.

Requests for information from the University of Cincinnati’s office of Planning + Design + Construction were not returned.

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Business Development News Politics

Cincinnati’s New-Found Buzz Helping Attract Retailers to Region

There were many significant achievements and trouble spots for Mayor Mark Mallory (D) over his past eight years as the face for the 2.1 million person Cincinnati region. Perhaps one of his largest accomplishments, however, was changing Cincinnati’s image nation-wide from a city in decline to one that is on the rise and doing innovative things.

For the first time national publications began to look at Cincinnati for its accomplishments in public education, sustainable redevelopment, environmental policy and even transport.

Yard House Cincinnati
Thanks in part to the aggressive marketing of Cincinnati by Mayor Mallory, new national chains like Yard House and Ruth’s Chris have begun filling store fronts throughout the city. Photograph by Randy Simes for UrbanCincy.

Each of these items involved a number of more detailed pursuits in order to make them happen. One of those pursuits was to attract new retail businesses to the region. In order to accomplish this, Mayor Mallory went on a full campaign touting the amenities and demographics Cincinnati has to offer.

After much work, the efforts started to yield fruit.

According to the mayor’s director of public affairs, Jason Barron, Mallory met personally with Potbelly (Downtown), Chipotle (Corryville, Downtown) and Panera Bread (Clifton Heights, Downtown) in an effort to get them to expand their presence inside city limits.

“We’ve been aggressive at national events for about six years now,” Barron explained. “We weren’t able to go this year in May, but Mayor Mallory has met with a number of these businesses over the years.”

The mayor also met directly with a number of other national chains in order to make the case that they open a location in Cincinnati. Those successes include Yard House (Downtown), Ruth’s Chris (Downtown), Orange Leaf (Clifton Heights, Downtown, Oakley, Westwood), Season’s 52 (Norwood), Capital Grill (Norwood), and Save-A-Lot (Roselawn).

For many of these businesses it was not only their first location in Cincinnati, but also their first in Ohio, Kentucky or Indiana. Barron says that it is thanks in part to the efforts made by Mallory on the road at events like the International Council of Shopping Centers (ICSC) annual meeting.

The efforts do require a bit of patience, as Barron says that not only has the administration been courting new businesses for years, they also believe that some of the benefits have yet to be realized.

“One of the things we’re always trying to do is create a buzz about Cincinnati to other leaders, businesses and investors,” said Barron. “The mayor’s making connections now that will pay off down the road.”

While the buzz can often times be attributed to the spirited Mallory, the mayor’s office is quick to point out that much of the heavy lifting has been done by local experts like Mark Fallon at Jeffrey R. Anderson. Most recently Fallon has been responsible for leasing both U Square at The Loop and The Banks.

More national brands appear to be on their way to Cincinnati, but the mayor’s office refuses to speak about the deals before they are finalized. But in addition to new restaurants and bars, Cincinnatians might expect to see other businesses opening up shop in the Queen City over the next one to two years.

Certainly chain restaurants are not the only retailers Cincinnati has been lacking, but the outside investment is certainly welcome. The next step will be to attract more clothing retailers to the city, and to expand the base of independent shops around town.

But luckily, as people close with the mayor might say, the buzz is starting to take shape.