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by German Lopez 11.14.2013
Posted In: News, Streetcar, Mayor at 05:12 PM | Permalink | Comments (1)

Streetcar Cancellation Would Cost Cincinnati Federal Funds

Federal Transit Administration letter confirms previous warnings

Cincinnati could lose up to $45 million in federal funds if it cancels the $133 million streetcar project, according to a new letter from the Federal Transit Administration released on Thursday by Mayor Mark Mallory.

The letter confirms much of what was stated in a previous June 19 letter to Mallory, and it presumably acts as a warning to Mayor-elect John Cranley, who intends to permanently cancel ongoing construction on the streetcar project once he takes office in December.

Cranley previously said he could lobby the federal government to re-appropriate the money to other projects, but the FTA letter unequivocally states the money is only for the streetcar project.

“FTA’s oversight contractor for the Project informs me that the City’s expenditures plus committed costs on the Project as of this date exceed $116 million, which is approximately 88 percent of the total project cost,” wrote FTA administrator Peter Rogoff. “These commitments include many construction activities that cannot be easily reversed — the City has relocated utilities, embedded rail in City streets, and purchased streetcars. Should the City choose to prematurely terminate the Project, all cost associated with closing down the project, including any claims from the contractors, will not be eligible for any federal reimbursement.”

The letter confirms that, as CityBeat originally reported, canceling the streetcar project carries its own costs.

Should the city cancel the project, it would first need to return nearly $41 million in federal grant money. The remaining $4 million in federal funds would fall under the discretion of Gov. John Kasich, who could shift the money to other parts of Ohio.

City spokesperson Meg Olberding previously told CityBeat the city already spent $2 million of the federal funds. Olberding said the $2 million in repayments would need to come out of the operating budget that pays for cops, firefighters and human services instead of the capital budget that’s currently financing the streetcar project.

Since the operating budget has been structurally imbalanced since 2001, adding millions in costs could force the city to cut additional services or raise taxes.

Upon cancellation, the city would also need to pay back some of the $94 million in standing contractual obligations for the streetcar project. In many cases, the obligations reflect supply orders and other expenses contractors and subcontractors already took on but haven’t officially billed to the city. If the project were canceled, city officials say the already-spent money would need to be paid back, along with extra costs to close the project — to repave torn-up streets, for example.

Project executive John Deatrick previously told CityBeat that paying back the contractual obligations could involve litigation, which would also be paid for through the operating budget, as the city tries to minimize cancellation costs and private contractors try to recoup as much as they can from the project.

All of that is on top of the $23 million that’s already been billed to the project as of September, which should grow by $1.5 million each month as contractual obligations are turned into official bills, according to Deatrick.

The final decision on the streetcar project rests on City Council. Cranley told The Cincinnati Enquirer on Thursday that he’ll pursue a 30-to-90-day time-out on the project as the city conducts a full accounting of cancellation costs, completion costs and the potential return on investment of the project, following requests from Councilman P.G. Sittenfeld and incoming council members David Mann and Kevin Flynn — three crucial swing votes in the newly elected council of nine — for more information before placing a final vote on the project.

The talk of cancellation already spurred some Over-the-Rhine residents and businesses to launch a campaign to save the streetcar. Cranley insists it’s too expensive and the wrong priority for the city, but supporters tout independent studies and their own experiences to argue it would spur economic development. The pro-streetcar group will meet on Thursday at 7 p.m. at the Mercantile Library, 414 Walnut St. #1100, downtown Cincinnati.

The full letter:

by German Lopez 09.10.2013
Posted In: 2013 Election, Mayor, News at 09:36 PM | Permalink | Comments (0)
john cranley

Cranley Defeats Qualls as Both Advance to General Election

Voter turnout for first round of mayoral race historically low

Ex-Councilman John Cranley decisively defeated Vice Mayor Roxanne Qualls today as both the Democratic mayoral candidates won the primary election and advanced to the general election.

With all precincts reporting, Cranley got 55.9 percent of the vote and Qualls picked up 37.2 percent, according to unofficial results from the Hamilton County Board of Elections. The other two candidates — Libertarian Jim Berns and Independent Sandra Queen Noble — each failed to break 5 percent of the vote.

The two victors come as little surprise to most election watchers, who have long been calling Cranley and Qualls the frontrunners. But Cranley’s strong lead has led to celebrations from Cranley’s supporters and downplaying from Qualls’ backers.

The city has held only two primaries since it enacted its “strong mayor” rules in 1999, which call for a primary when there’s more than two eligible candidates. The two winners then go on to the general election for the final decision. Previously, the City Council candidate with the most votes was designated mayor.

In both the primary elections held since 1999, the primary winner ended up losing the general election. In 2001, Courtis Fuller beat Charlie Luken in the primary in a 53.8-38.5 percent vote; Luken went on to win the general election 55.4-44.6 percent. In 2005, David Pepper narrowly beat Mark Mallory in the primary 31.2-30.7 percent; Mallory is currently mayor after winning the general election 51.8-48.2 percent in 2005 and getting re-elected in 2009.

The results’ significance is even murkier because voter turnout was a dismal 5.68 percent. In comparison, the mayoral primary held on Sept. 11, 2001 — the day of the terrorist attacks on the World Trade Center and Pentagon — had 15 percent voter turnout. In 2005, 21 percent of voters participated in the mayoral primary.

Still, Cranley’s victory is being heralded by his supporters tonight, particularly because it might show a shift from Qualls’ strong lead in early polls.

For the two camps, the contentious race is about which vision Cincinnati should embrace as the city’s downtown revitalization gains national recognition and momentum. Qualls supports the streetcar project and parking lease, while Cranley opposes both.

On other issues ranging from inclusion in city contracts to government transparency, the candidates are largely in agreement. Berns, who was officially removed from the mayoral race through todays vote, spent much of his time on the campaign trail criticizing Cranley and Qualls for sharing a remarkably similar voting record on City Council.

Cranley served on City Council from 2000 to 2009. Qualls has been on City Council since 2007 and previously served on City Council from 1991 to 1993 and as mayor from 1993 to 1999.

Voters will make the final decision between Cranley and Qualls on Nov. 5. 

This story was updated with clearer election results and to correct Cranley’s full time on City Council, which the story previously said was from 2001 to 2009 instead of the accurate timespan of 2000 to 2009.

by German Lopez 02.27.2013
downtown grocery

City Manager Lists Alternatives to Parking Plan

Plan B would lay off 344 city employees, eliminate Human Services Funding

If City Council does not agree to lease Cincinnati’s parking system, the city manager’s office says the city will be forced to lay off 344 employees, including 80 firefighter and 189 police positions, but critics argue there are better alternatives.

In a memo dated to Feb. 26, City Manager Milton Dohoney Jr. wrote that the city will also have to close three community centers and six pools; eliminate Human Services Funding, which aids the city’s homeless and poor; and reduce funding for local business groups, parks, nature education for Cincinnati Public Schools and environmental regulations, among other changes. In total, the cuts would add up to $25.8 million — just enough to balance the deficit that would be left in place without the parking plan.

In addition to the cuts, failing to approve the parking plan, which leases the city’s parking meters for 30 years and lots and garages for 50 years to the Port of Greater Cincinnati Development Authority, would displace plans to convert Tower Place Mall, construct a 30-floor tower with a grocery store downtown, accelerate the the I-71/MLK Interchange project, acquire the Wasson Line right-of-way for a bike trail and add $4 million to the next phase of Smale Riverfront Park (“Parking Stimulus,” issue of Feb. 27).

Democratic Vice Mayor Roxanne Qualls, who’s running for mayor, has come out in favor of the parking plan, but John Cranley, another Democrat running for mayor, says he opposes the deal because it will hurt downtown businesses.

“It’s the boy who cried wolf,” Cranley says. “In 2009, 2010, 2011 and 2012 … they threatened to lay off police and firefighters, and it never happened.”

Cranley says he would rather take $10 million from projected casino revenue and $7 million from current parking revenues to help clear the deficit. For the remaining $8.8 million, he would cut non-essential programs, which would exclude police, fire, garbage collection, health, parks and recreation, street pavement and Human Services Funding, across the board by 10 to 15 percent. If that wasn’t enough, he would then move to the essential programs, which he says make up about $300 million in the $368.9 million budget, with a 1-percent across-the-board cut.

He says his solution would have the upside of fixing structural deficit problems in Cincinnati’s General Fund, whereas the one-time lease of the city’s parking assets will only take care of the deficit for the next two years.

Meg Olberding, city spokesperson, says City Council could use the casino revenue to pay for the deficit, but $4 million of it is already set for the Focus 52 program, which funds neighborhood development projects.

“Council can use whatever revenue sources they want,” Olberding says. “That’s why the memo … says we can either use this plan or another plan.”

Cranley says he would not do away with the Focus 52 program, but he would instead find funding for it in the Capital Budget, which is separate from the General Fund.

Olberding says City Council could approve the use of about $3 million in parking meter revenue for the General Fund, but the rest of the parking money, which comes from lots and garages, is tied to an enterprise fund, which, by state law, means the city would have to sell its parking lots and garages before it could obtain money for the General Fund.

Cranley, who also opposes the streetcar project (“Back on the Ballot,” issue of Jan. 23), says it would be possible to pay for the I-71/MLK Interchange and other projects if the streetcar wasn’t taking up funds. If it was up to him, he says he would remove streetcar funding and use it on other development projects “without batting an eye.”

In the Feb. 27 City Council meeting, Vice Mayor Roxanne Qualls said the Budget and Finance Committee will likely vote on the city manager’s parking plan on March 4 or March 11.

by German Lopez 12.19.2013
Posted In: Mayor, Streetcar at 02:39 PM | Permalink | Comments (3)

Cincinnati Streetcar Saved

Council gets six votes to override mayor's veto and continue project

After nearly two months of ups and downs, city leaders on Thursday announced Cincinnati will get a streetcar after all.

Speaking prior to a council vote, Mayor John Cranley and Councilman Kevin Flynn announced City Council has the six votes to overcome the mayor's veto and restart construction on the $132.8 million streetcar project.

Flynn was the final holdout in what some council members now call the "streetcar six." He was asking for a commitment from private contributors to cover the annual operating costs for the streetcar, which consulting firm KPMG estimated at $1.88-$2.44 million a year after fares and sponsorships.

The philanthropic Haile Foundation lived up to part of the commitment by signing onto $900,000 a year for 10 years, Flynn announced. That was enough of a commitment to move forward as the city makes a broader effort to get all the operating costs off the city's books, he said.

"That is a huge commitment, folks," Flynn added.

Flynn also acknowledged that the streetcar could foster new revenues in the city's operating budget and actually allow the city to take on bigger responsibilities.

Previous studies from consulting firm HDR and the University of Cincinnati found the streetcar project will generate a 2.7-to-1 return on investment over 35 years.

Flynn, a Charterite, joined Democrats David Mann, Chris Seelbach, Yvette Simpson, P.G. Sittenfeld and Wendell Young in support of restarting the project. Republicans Amy Murray and Charlie Winburn and Independent Christopher Smitherman voted against it.

Still, Cranley said he will continue opposing the streetcar project. He repeatedly stated council is making the wrong decision.

"I'm disappointed in the outcome," said Cranley, who ran in opposition to the streetcar.

Flynn reiterated his respect for Cranley, despite effectively dealing a major blow to Cranley's agenda.

Cranley "helped me get elected to this position, and I take that trust seriously," Flynn said.

Others were glad the city can now take on different issues without getting mired down in a contentious streetcar debate.

"I am so glad that this issue is done and over with," said Vice Mayor Mann, who voted in favor of the project.

Mann officially changed his stance on the project after KPMG's audit found canceling the project could cost nearly as much as completing it.

The final decision came at a cost to Cincinnati: The two-week pause of the project, which allowed KPMG to conduct its review, added $1.7-$2.8 million in costs, according to KPMG's audit. The city also allocated $250,000 to pay KPMG for its work.

Once it's completed, the streetcar line will run as a 3.6-mile loop in Over-the-Rhine and downtown.

Updated with results of City Council's vote and additional information.

by German Lopez 12.17.2012
Posted In: Gun Violence, News, 2013 Election, Mayor, Budget, Economy at 09:47 AM | Permalink | Comments (0)
dawn hochsprung

Morning News and Stuff

More on Newtown massacre, City Council passes budget, Dillingham to run for council

By now, most of you have heard there was another horrible mass shooting, this time in Newtown, Conn., that resulted in the death of 20 children and six adults. While everyone is hoping this is the last time the nation has to deal with an event of unspeakable horror, it is only a possibility if we agree to do something about it. That means remembering the heroes who risked their lives and, in some cases, died that day. That means not letting the media and public drop the issue, as has been the case in the past. That means looking at more than just gun control, including mental health services. The Washington Post analyzed what “meaningful” action on gun control would look like, and the newspaper also disproved the idea Switzerland and Israel are “gun-toting utopias.” President Barack Obama also spoke on the issue at a vigil Sunday, calling for the nation to do more to protect people, particularly children, from violence. The full speech can be watched here.

City Council approved its 2013 budget plan Friday. The budget relies on the privatization of city parking assets to help plug a $34 million deficit and avoid 344 layoffs. The budget also nixed the elimination of a tax reciprocity for people who lived in Cincinnati but worked elsewhere and paid income tax in both cities, and it continued funding the police department’s mounted unit. As a separate issue, City Council voted to increase the property tax by about 24 percent, reversing a move from conservatives in 2011. CityBeat wrote about budgets at all levels of government and how they affect jobs here.

Michelle Dillingham, who was an aide to former city councilman David Crowley, will seek Democratic support in a run for City Council. Dillingham promises to tackle “industry issues of mutual interest" to business and labor and “transportation funding, family-supporting wages and workforce development.”

At a recent public hearing, mayoral candidate John Cranley proposed a “very easy” plan for the city budget. Only problem: His plan doesn’t work. In an email, Cranley said he stands by his ideas, but he added he was working with limited information and his statements were part of a two-minute speech, which “requires brevity.” He also claimed there are cost-cutting measures that can be sought out without privatizing the city’s parking assets and gave modified versions of his ideas regarding casino and parking meter revenue.

Judge Robert Lyons, the Butler County judge who sealed the Miami rape flyer case, is standing by his decision.

The Greater Cincinnati area is near the top for private-sector growth. 

Jedson Engineering is moving from Clermont County to downtown Cincinnati, thanks in part to an incentive package from City Council that includes a 45 percent tax credit based on employees earnings taxes over the next five years and a $300,000 grant for capital improvements. The company was a Business Courier Fast 55 finalist in 2008 and 2009 due to its high revenue growth.

Gov. John Kasich’s Ohio Turnpike plan is getting some support from Toledo Mayor Mike Bell, but others are weary. They fear the plan, which leverages the turnpike through bonds for state infrastructure projects, will move turnpike revenues out of northern Ohio. But Kasich vows to keep more than 90 percent of projects in northern Ohio.

Gas prices are still falling in Ohio.

U.S. House Speaker John Boehner is making some concessions in fiscal talks. In his latest budget, he proposed raising taxes on those who make more than $1 million a year.

One beagle can diagnose diseases by sniffing stool samples.

by German Lopez 04.19.2012

Rebuilding Cincinnati: City vs. Kasich

Cincinnati is moving forward, despite the better attempts of state Republicans

In his State of the City address last week, Mayor Mark Mallory called on Cincinnati to continue pushing for improvements. After years of stalling, projects like Washington Park’s renovation, the Horseshoe Casino and the streetcar are finally moving forward, and Mallory wants to make sure that work continues.

Politically and economically, it makes sense. Not only have voters approved of both the casino and the streetcar, but the projects will create jobs. Casino developers have already begun to fill what they promise will be 1,700 permanent jobs, and city estimates show the first segment of the streetcar will create 300 construction jobs and 25 permanent jobs.

But while voters and local politicians may approve, some state Republicans are doing their very best to tear the projects down. Gov. John Kasich, who dismantled Ohio’s passenger rail project, tried his hardest to continue his anti-transit rampage by railing against the streetcar in public speeches last year. He even ripped away more than $50 million in state funds from the project.

The casino has been a little luckier, but not by much. Kasich has claimed both neutrality and approval of casinos, but he has made building the Horseshoe Casino more difficult. Despite the fact Ohio has the highest casino tax in the nation, Kasich pushed for renegotiations for higher taxes and fees last year, ultimately delaying the casino’s opening from late 2012 to spring 2013.

For the governor, such actions probably make sense. Kasich has been an ardent supporter of tax cuts — sneaking them into every single budget even when Ohio had a reported $8 billion deficit. When he found massive education and health care cuts weren’t enough to close the gap he helped create, he moved onto casinos and transit projects.

Still, the projects move forward. Kasich and other state Republicans have not been successful in killing them off, largely thanks to local voters and local politicians pushing back.

Last year, voters rejected Issue 48, which tried to ban all investments in rail transportation for the next decade. Last week, Mallory announced CAF USA was already drawing up designs for the streetcar, and the first car could be finished as soon as 18 months from now.

Meanwhile, the casino’s construction is 35 to 40 percent complete, according to developers. This is despite an accident in January that resulted in the injury of 20 workers after a steel beam fell and caused a floor to partially collapse.

But what needs to be clear is that these developments are in spite of state Republicans like Kasich. When these job-creating projects are said and done, it’s important credit goes where credit is due — straight to local voters and local politicians.
by German Lopez 03.07.2014
Posted In: News, Drugs, Voting, Development, Mayor at 10:24 AM | Permalink | Comments (0)
john cranley

Morning News and Stuff

Early voting agreement sought, downtown project scrutinized, drug abuse reportedly drops

Mayor John Cranley is trying to find a compromise over whether early voting will move out of downtown after the 2016 general election, as some Republicans in the county government have suggested. Cranley called for a meeting with Hamilton County Board of Elections Chairman and Hamilton County Democratic Party Chairman Tim Burke, Hamilton County Republican Party Chairman Alex Triantafilou, Cincinnati NAACP President Ishton Morton and Hamilton County Board of Commissioners President Chris Monzel. The meeting will aim to “discuss alternatives the City of Cincinnati can offer to accommodate early voting downtown after the 2016 elections. (Cranley) believes that such a discussion is consistent with the recommendation of the secretary of state that there be an effort to find a nonpartisan solution to the existing disagreement.”

With a $12 million price tag in mind, Cranley remains worried Cincinnati is paying too much for a downtown grocery and apartment tower project. But the project is truly one of a kind, claims The Business Courier: The tower would boast nearly twice the number of luxury apartments of any other project underway in Over-the-Rhine or downtown. And it would replace a decrepit garage and establish the first full-scale grocery store downtown in decades.

A study found Ohio teens’ painkiller abuse dropped by 40 percent between 2011 and 2013. State officials quickly took credit for the drop, claiming their drug prevention strategies are working. But because the Ohio Youth Risk Behavior Survey only has two sets of data on painkillers to work with — one in 2011 and another in 2013 — it’s possible the current drop is more statistical noise than a genuine downturn, so the 2015 and 2017 studies will be under extra scrutiny to verify the trend.

Similarly, fewer Ohio teens say they’re drinking and smoking. But 46 percent say they text while driving.

Ohio’s unemployment rate dropped to 6.9 percent in January, down from 7.3 percent the year before. The numbers reflect both rising employment and dropping unemployment in the previous year.

To prove his conservative bona fides, Ky. Sen. Mitch McConnell touted a rifle when he walked on stage of the Conservative Political Action Conference.

The other Kentucky senator, Rand Paul, will headline a Hamilton County Republican Party dinner.

Researchers studied a woman who claims she can will herself out of her body.

Personal note: This is my last “Morning News and Stuff” and blog for CityBeat. After today, I will be leaving to Washington, D.C., for a new journalistic venture started by bloggers and reporters from The Washington Post and Slate. (CityBeat Editor Danny Cross wrote a lot of nice things about the move here, and my last commentary touched on it here.) Thank you to everyone who read my blogs during my nearly two years at CityBeat, and I hope I helped you understand the city’s complicated, exciting political and economic climate a little better, even if you sometimes disagreed with what I wrote.

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by German Lopez 11.12.2013
Posted In: News, Streetcar, City Council, Mayor at 11:30 AM | Permalink | Comments (0)

Streetcar Supporters Launch Campaign to Save Project

Residents, business owners rally to lobby new mayor and council

Dozens of residents and business owners gathered in Over-the-Rhine on Tuesday to launch a campaign that seeks to persuade Mayor-elect John Cranley and the newly elected City Council to support the $133 million streetcar project.

Attendees included Ryan Messer, who used his life savings to renovate his home in Over-the-Rhine; Derek Bauman, co-chair of Cincinnatians for Progress; Jean-Francois Flechet, owner of the Taste of Belgium; and Derek dos Anjos, owner of The Anchor.

“We’re here today to keep the conversation going outside of political rhetoric and partisan politics,” Messer said. “Simply put, the streetcar is a component of Cincinnati economic development, and it’s a project that grows the whole city — not just an urban core, which, by the way, is an important part of developing this region.”

The group intends to lobby Cranley and the newly elected council, which appear poised to cancel the project when they take office in December.

At least three of nine elected council members — P.G. Sittenfeld, David Mann and Kevin Flynn — have told media outlets that they want a full accounting of the project before making a final decision. Another three — Chris Seelbach, Yvette Simpson and Wendell Young — are on the record as supporting the project. The final three — Christopher Smitherman, Charlie Winburn and Amy Murray — adamantly opposed the project in the past.

Members of the pro-streetcar group invited Cranley and all elected council members to join them at a town hall-style meeting on Nov. 14 at the Mercantile Library, where supporters will discuss their path forward. So far, supporters have publicly discussed a concerted lobbying effort, a referendum if council passes an ordinance undoing the streetcar project and possible legal action.

As CityBeat first uncovered, the costs of canceling the project are currently unknown, and some of the costs could actually fall on the operating budget that pays for police, firefighters and human services instead of the capital budget that is currently financing the streetcar project.

Much of the uncertainty falls on ongoing construction for the streetcar, which has continued despite the newly elected city government’s intent to stop the project. As of September, the city spent $23 million on the project and contractually obligated $94 million, some of which city officials say will need to be paid back even if the project were canceled.

The U.S. Department of Transportation also told city officials in a June 19 letter that nearly $41 million of nearly $45 million in federal grants would need to be returned if the project were terminated.

Supporters also claim Cincinnati would be giving up a 2.7-to-1 return on investment over 35 years if the city abandoned the streetcar now. That estimate is derived from a 2007 study conducted by consulting firm HDR, which was evaluated and supported by the University of Cincinnati.

Project executive John Deatrick says the HDR study is now outdated and the city is working on updating the numbers. Still, Deatrick says the project is intended to spur economic development, not just provide another form of public transportation.

The Nov. 13 issue of CityBeat will give a more in-depth look at the campaign to save the streetcar and some of the people involved in the movement.

by 09.15.2009
Posted In: 2009 Election, Mayor, Republicans, Police at 03:47 PM | Permalink | Comments (2)

Wenstrup: Police Need Monitoring Program

One local blog has heard rumors that Dr. Brad Wenstrup, the GOP mayoral candidate, is backing away from remarks he made about the Cincinnati Police Department while on the campaign trail. Instead, Wenstrup or his surrogates are allegedly blaming the blog for inaccurate reporting.

Read More

by Andy Brownfield 09.26.2012
Posted In: City Council, Economy, Government, Mayor, News, Streetcar at 02:21 PM | Permalink | Comments (0)

Council Approves Measures Shifting $29 Million for Streetcar

Measures front Duke $15 million, add utility responsibility to move lines to city code

Cincinnati City Council on Wednesday approved a set of measures to alter funding of the $110 million streetcar project in order avoid further delaying its 2015 opening.

The three measures set up $15 million to front to Duke Energy to move utility lines out of the proposed path; changes the source of funding to repay some $25 million in bonds used to pay for the streetcar; sells $14 million in bonds for streetcar improvements; and changes the municipal code to clarify that it is the responsibility of a utility to relocate its structures.

The $15 million comes from the $37 million sale of city-owned land near the former Blue Ash Airport.

Council voted 6-3 to approve the front money, improvement bonds and bond repayment, a vote that largely mirrored a Monday Budget and Finance Committee vote. Councilman Chris Smitherman was the sole “no” vote on the ordinance to change the municipal code.

Councilmembers Cecil Thomas, Wendell Young, Roxanne Qualls, Laure Quinlivan, Chris Seelbach and Yvette Simpson voted to pass funding, while Councilmembers Smitherman, P.G. Sittenfeld and Charles Winburn voted against.

“My concern with all of these votes … in particular the Blue Ash Airport dollars, these were promises that you made to the neighborhoods and I don’t have the confidence that the legal battle against Duke Energy is going to yield a 100 percent win for the city of Cincinnati, so there’s no assurance that these dollars are going to come back,” said Councilman Chris Smitherman, one of the most vocal opponents of the streetcar. 

“I want to be clear that it’s something that I don’t support.”

The $15 million would be fronted to Duke to move its lines while the city and utility work out who is responsible for funding the move. 

Duke estimates the full cost at $18 million and argues that the lines would not have to be moved if the streetcar wasn’t being built. The city maintains that it has always been the responsibility of utilities to move or upgrade their structures — which the third measure clarified in the municipal code. If the city loses a legal battle against Duke, it will not recoup the $15 million.

The second proposal switches the source of funding for streetcar bonds from money coming into city coffers from southern downtown and the riverfront area to a 1995 fund set up to collect service payments from the Westin/Star, Hyatt and Saks. The measure wouldn't use any additional new money for the streetcar.

That downtown area wasn’t bringing in as much cash as expected but the city hopes to repay the other fund once the downtown district — which includes the Banks and the casino —  rebounds.