Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cole, Cranley, Crowley, Ghiz, Monzel, Tarbell and Thomas (9)

Also in attendance were Acting City Manager David Rager, City Solicitor Rita McNeil 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:

MOTION, dated 3/1/2006, submitted by Mayor Mark Mallory, Vice Mayor Tarbell, Councilmembers Berding, Bortz, Cole, Cranley, Crowley, Thomas, Monzel and Ghiz that the Cincinnati City Council meeting scheduled for Thursday, July 6, 2006 be cancelled and that the last meeting before the Summer Session be held on Wednesday, June 28, 2006.

ORDINANCE, dated 3/7/2006, submitted by Vice Mayor Tarbell, Councilmembers Crowley, Bortz, Cole and Cranley, MODIFYING the provisions of the City Municipal Code, Chapter 914 by adding Section 914-1-S, Sexual Orientation, and Section 914-1-T, Transgendered, and amending Section 914-1-D1, Discriminate, Section 914-I-R, Restrictive Covenant, Section 914-3, Housing Discrimination Prohibited, and Section 914-5, Employment Discrimination Prohibited to prohibit discrimination against individuals based on their sexual orientation or transgendered status.

ORDINANCE, submitted by Councilmember Berding, ENACTING new Section 910-23, "Possession of Marijuana" of the Cincinnati Municipal Code.

MOTION, dated 3/6/2006, submitted by Councilmembers Bortz, Crowley and Ghiz that the Economic Development Committee be moved from Monday at 3:00 PM (Week B) to Tuesday at 1:00 PM (Week B), effective the first week of May.

ORDINANCE submitted by David E. Rager, City Manager, on 3/8/2006, authorizing the sale of surplus of City-owned real property located at 1924 Auburn Avenue to Keys Hill Development, LLC, which real property is no longer needed for any municipal purpose.

ORDINANCE submitted by David E. Rager, City Manager, on 3/8/2006, accepting and confirming the dedication of Buddleia Court, part of Scarletoak Drive and parts of Kirby and North Bend Roads to public use for street purposes.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 3/8/2006, accepting and confirming the dedication of property for the widening of Stratford Avenue in accordance with a plat from University Heights Community Urban Redevelopment Corporation.

ORDINANCE submitted by David E. Rager, City Manager, on 3/8/2006, to appropriate to public use parcels of real property required for the improvement of Red Bank Road.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 3/8/2006, to make an additional appropriation in the amount of $3,034,140.00 from the Incom Tax-Transit Fund unappropriated surplus to account no. 759x081x7200-7400 to adjust the 2006 SORTA budget based on operating requirements approved by the SORTA Board of Trustees on December 8, 2005.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 3/8/2006, authorizing the appropriation of the sum of $75,650 from the unappropriated surplus of the Convention Center Fund 103 to certain non-personnel operating accounts in Convention Center Fund 103x243x7200-7400 for the purpose of providing for service payments under Section 3.1 of the Project Service Agreement between the City of Cincinnati and the Convention Facilities Authority for Hamilton County, which has been approved by the City Council.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 3/8/2006, authorizing the reduction from the appropriation in the General Fund non-departmental account no. 050x958x7200 (Dept of Justice) and the return to the unappropriated surplus of the General Fund of the sum of $455,020, and further authorizing the transfer of the sum of $2,633,393 from the unappropriated surplus of the General Fund to the Computer Aided Design/Records Management System Capital Project (CAD/RMS) account no. 980x222x02795, and further authorizing the transfer of the sum of $806,000 from the unappropriated surplus of the General Fund to the Digital Mobile Vehicle Recorder Capital Project (MVR) account no. 980x222x03053, for the purpose of enabling the Police Department to fund projects that are intended to enhance police communication and effectively fight crime.

REPORT, dated 3/8/2006, submitted by David E. Rager, City Manager, on a communication, 12/10/2005, submitted by Councilmember Cole, from Ginny Murphy, 1168 Beverly Hill Drive, Cincinnati, Ohio 45206, regarding recent snow removal on Beverly Hill Drive.

REPORT, dated 3/8/2006, submitted by David E. Rager, City Manager, on a communication, dated 12/2/2005, submitted by Councilmember Crowley, from Wesley Burt, 2629 Lysle Lane, Cincinnati, Ohio 45212, regarding parking on Lysle Lane.

REPORT, dated 3/8/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of a permit application for Merritt Group LLC DBA Sake Bomb, 3672 Erie Avenue and Patio. (#5856415, Transfer of Ownership, D1, D2, D3, D6) [Objections: None].

REPORT, dated 3/8/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of a permit application for New Dubliner, LLC DBA New Dubliner, 6111 Montgomery Road. (#6361670, Transfer of Ownership and Location, D5, D6) [Objections: None]

REPORT, dated 3/8/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of a permit application for Sodexho Operations, LLC DBA (None listed), 1301 Western Avenue, 3rd Floor. (#83546900005, Transfer of Ownership, D1, D2, D3, D6) [Objections: None]

REPORT, dated 3/8/2006, submitted by David E. Rager, regarding street calming for Lawndale Avenue.

REPORT, dated 3/8/2006, submitted by David E. Rager, City Manager, regarding living wage waiver request for Billy Casper Golf Management.

RESOLUTION submitted by David E. Rager, City Manager, on 3/8/2006, supporting the application of Walker Estates Limited Partnership for tax credits from the Ohio Housing Finance Agency to help finance the Walker Estates projected located in Walnut Hills, Avondale, and Evanston communities.

RESOLUTION submitted by David E. Rager, City Manager, on 3/8/2006, supporting the application of Walnut Hills Preservation, L.P. for tax credits from the Ohio Housing Finance AGency to help finance the rehabilitation of existing low-income senior housing units located at 849 Beecher Street in Walnut Hills.

RESOLUTION submitted by David E. Rager, City Manager, on 3/8/2006, supporting the application of Navarre Garrone Limited Partnership for tax credits from the Ohio Housing Finance Agency to help finance the Navarre Garrone project located in the Walnut Hills, Mt. Auburn, and Evanston communities.

ORDINANCE, submitted on 2/21/2006, by Michael L. Cervay, Director, Community Development & Planning, TO REZONE certain property located at 5559 Kenwood Road in the Madisonville neighborhood from the RM-2.0, Multi-family District, to the RM-1.2, Multi-family District, amending the Zoning Map. (DISAPPROVED BY THE CITY PLANNING COMMISSION ON 1/20/2006) (PUBLIC HEARING WILL BE HELD ON MONDAY, MARCH 27, 2006 AT 3:00 P.M. BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE)

ORDINANCE, submitted on 2/21/2006, by Michael L. Cervay, Director, Community Development & Planning, TO REZONE certain property located at 5445 Kenwood Road in the Madisonville neighorhood from RM-2.0, Multi-family District, to the RM-1.2, Multi-family District, amending the Zoning Map. (APPROVED BY THE CITY PLANNING COMMISSION 1/20/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY, MARCH 27, 2006 AT 3:00 P.M.)

COMMUNICATION (Term Limit Pledge Option), dated 2/16/99, submitted by Councilmember Winburn, regarding the proposed ordinance to amend the city charter to provide for 4 year council terms and the selection of the mayor by council vote.

COMMUNICATION, dated 02/14/99, submitted by Councilmember Booth, from Claudia Krysiak, 6246 Dawes Lane, Cincinnati, OH 45230, opposing Councilmember Winburns proposal to change term limits and election of the Mayor.

COMMUNICATION, dated 02/16/99, submitted by Councilmember Booth, from Victor P. Fabro, 3226 Walworth Avenue, Cincinnati, OH 45226, opposing Councilmember Winburn's Council Reform Plan.

COMMUNICATION, dated 5/21/99, submitted by Councilmember Booth, from Deborah R. Al'Uqdah, expressing her disappointment and disagreement with the position and ordinance council has implemented to control African American youth in Eden Park and Corryville.

COMMUNICATION, dated 5/20/99, submitted by Councilmember Booth, from M. J. Williams, Eden Park resident, expressing opinions and suggestions relative to the "youth" problem in Eden Park and Corryville.

COMMUNICATION, dated 8/30/99, submitted by Councilmember Booth, from Dave Schwartz, Schwartz Jewelers, 6114 Hamilton Ave, College Hill, Cincinnati, OH 45224, concerning the differences in leadership and monies spent between North College Hill and College Hill.

COMMUNICATION, received 7/20/99, submitted by Councilmember Booth, from Mr. & Mrs. Thomas S. Pieratt, 2180 Convent Lane, Cincinnati, OH 45208, urging Council to relieve Mr. William Langavin from the Summit Country Day School's activities, because he can no longer be objective in the matter.

COMMUNICATION, dated 10/3/99, submitted by Councilmember Booth, from Dianne M. Koehler, 3645 Herbert Ave., Cincinnati, OH 45211, concerning police helping others who need help and taking control of the streets in order to stop the killing of children. (See Doc. #200000226 for response)

COMMUNICATION, dated 11/4/99, submitted by Councilmember Portune, from Susan Doucleff, President, Oakley Community Council, P.O. Box 9244, Cincinnati, OH 45209, opposing the second speed hump requested by the residents of Millsbrae Avenue.

COMMUNICATION, dated 1/4/2000, submitted by Councilmember Booth, from Mrs. Lawrence Lriors, 3977 Clifton Ave., Cincinnati, Ohio 45220, concerning property she owns on McMillan Street.

COMMUNICATION, dated 2/28/2000, submitted by Councilmember Booth, from Tom Mooney, President, ACPSOP, 1216 East McMillan Street, Room 201, Cincinnati, Ohio 45206, regarding ideas how the city can best help improve the quality of education.

COMMUNICATION, dated 5/22/2000, submitted by Councilmember Booth, from Gloria J. Anderson & Vernon Kendricks Sr., 1607 Asmann Avenue, Apt., #1A, Cincinnati, Ohio 45229, concerning the caregiving their son received at Pleasant Hills Elementary School.

COMMUNICATION, received 5/23/00, submitted by Councilmember Booth, from Donna Hood, 173 Monitor Ave., Cincinnati, OH 45233, concerning the redirection of heavy trucks to Delhi and Western Hills.

STATEMENT, submitted by Mayor Qualls, presented to Council by Forest Buckley, detailing his proposal for funding to repair and refurbish the Tyler-Davidson Fountain.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Robert J. Campbell, Director, Sewers.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Donald W. Rosemeyer, City Engineer, Transportation and Engineering.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Dale E. Lewis, Convention Center Manager, Cinergy Center.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Deborah Cofield Holston, Asst. City Manager.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Scott C. Stiles, Asst. City Manager.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Ralph G. Renneker, Director, Regional Computer Center.

MOTION, dated 2/7/2006, submitted by Councilmember Crowley, I move that the second paragraph of Section 10.4, Committee Meetings, of the City Council Rules be amended to read Committee chairs shall have the authority to schedule meetings and set the agenda for committee hearings. Members may not speak on an item unless it is on the committee agenda, or upon recognition of the chair. Once items have been referred to committee, the chair shall set the agenda for each meeting. Referred items are not to be placed on committee agenda without the consent of the chair however items referred to committee shall be placed on the committee agenda for consideration within 30 days of referral provided that such items have been signed by three council members. The chair or presiding officer, in his or her sole and absolute discretion, has the authority to direct security personnel to enforce council rules for purposes of civility and decorum. (STATEMENT ATTACHED)

RESOLUTION, submitted by Councilmembers Monzel and Thomas on 1/31/06, resolving to support the building of a new and larger jail facility in Hamilton County by the Hamilton County Board of Commissioners.

REPORT, dated 2/23/2006, submitted by David E. Rager, City Manager, on a communication, dated 1/11/2006 submitted by Councilmember Cole, from Lois Broerman, Executive Director, North Fairmount Community Center, 1660 Carll Street, Cincinnati, Ohio 45225 regarding the Cincinnati Recreation Commission.