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 3/10/2006, submitted by Vice-Mayor Tarbell, that the official meeting time for the Arts, Culture, Tourism and Marketing Committee be changed to "as announced."

MOTION, dated 3/14/2006, submitted by Councilmember Berding and Cranley, that City Council's objection to RP McMurphy's liquor license renewal be withdrawn and that the City Solicitor's office and counsel for RP's meet to mediate a successful resolution that allows RP McMurphy's to remain in business at this location consistent with City ordinances. (STATEMENT ATTACHED)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 3/15/2006, authorizing the City Manager to execute any necessary and appropriate doucments to extend a loan from federal HOME funds to Community Revitalization Agency, formerly known as Miami Purchase Preservation Fund, and Fairview Estate Limited Partnership, in the amount of Two Hundred Forty Thousand Dollars ($240,000.00) for the repair and rehabilitation of real property located at 1702 Elm Street, 1650 Tremont Street, 2532 Beekman Street, 2558 St. Leo Place and 274 Start Street, for rental to low-income households.

ORDINANCE submitted by David E. Rager, City Manager, on 3/15/2006, authorizing the sale of a portion of Latham Avenue between Wyoming Avenue and Red Crest Drive, which real property is no longer needed for any municipal purpose.

ORDINANCE submitted by David E. Rager, City Manager, on 3/15/2006, authorizing the City Manager to enter into a Lease Agreement with Frisch Ohio, Inc. for property on Central Parkway not needed for any municipal purpose during the term of the lease.

ORDINANCE (EMERGENCY) submitted David E. Rager, City Manager, on 3/15/2006, authorizing the sale of Klein Alley between McMillan Street and Calhoun Street, which real property is no longer needed for any municipal purpose.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 3/15/2006, authorizing the transfer and appropriation of the sum of $95,000 from the unappropriated surplus of Income Tax Infrastructure Fund 302 to operating account no. 302x202x5200x7200, and further authorizing the transfer and appropriation of the sum of $38,000 from the unappropriated surplus of Income Tax Infrastructure Fund 302 to operating account no. 302x202x5200x7100, for the purpose of providing funding to the Parks Department in order to expand the existing Greenspace Program to include nine new area.

REPORT, dated 3/15/2006, submitted by David E. Rager, City Manager, on a communication, dated 11/17/2005, submitted by Vice Mayor Reece, from Paul R. Harkins, Water Works Construction Inspector, 9993 Bentcreek Drive, Loveland, Ohio 45140, requesting for exemption from residency requirements.

REPORT, dated 3/15/2006, submitted by David E. Rager, City Manager, on a communication, dated 01/24/06, submitted by Councilmember Cole, from Marilyn Wall, 515 Wyoming Ave., Cincinnati, Ohio 45215, expressing their belief that MSD's response to their concerns about the Consent Decree was too general and did not fully address the issues.

REPORT, dated 3/15/2006, submitted by David E. Rager, City Manager, regarding residency exemption for Jeff Mackay.

REPORT, dated 3/15/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for Mon Amour Inc. DBA Sutton Pony Keg, 1911 Sutton Avenue. (#60987470005, New, C2) [Objections: None]

REPORT, dated 3/15/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for O & J Oil Inc. DBA (None Listed), 2340 Gilbert Avenue & Gas Pumps.(#6484097, Transfer of Stock, C1, C2) [Objections: None]

REPORT, dated 3/15/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for Rayah Inc. DBA Fairway Food Store, 268 W. Micken Avenue. (#7224758, Transfer of Ownership, C1, C2) [Objections: None]

REPORT, dated 3/15/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for B T Club LTD DBA Havana Martini Club, 441 Vine Street, 1st Floor. (#03494320001, Transfer of Location, D1, D2, D3, D3A, D6) [Objections: None]

REPORT, dated 3/15/2006, submitted by David E. Rager, City Manager, regarding the Department of Finance reports for the month ended January 31, 2006. (REPORT ON FILE IN CLERK'S OFFICE)

ORDINANCE, submitted on 3/10/2006, by Michael L. Cervay, Director, Community Development & Planning, TO REZONE certain property in the Central Business District, commonly known as "The Banks," located south of Second Street between Elm Street and Main Street and extending to Central Avenue and Broadway south of Mehring Way, from the DD-D, Downtown Development District, Subdistrict D-Riverfront, to PD No. 43, Planned Development District. (APPROVED BY CITY PLANNING COMMISSION ON 2/17/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, MONDAY, 4/17/2006 AT 3:00 P.M.)

ORDINANCE submitted by David E. Rager, City Manager, on 2/8/2006, to accept and confirm the dedication of permanent easements to public use for construction, maintenance, repair and replacement of water mains and water main appurtenances in accordance with plats designated as" "Castlebridge of Wexford, Castlebridge Lane" and Crusade Hill Subdivision, Shattuc Avenue. (APPROVED BY THE CITY PLANNING COMMISSION ON 3/3/2006)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/8/2006, authorizing the City Manager to execute the Release of Reservation of Pedestrian Ingress and Egress Rights and Maintenance and Repair Obligation in favor of 525 Vine Street, LLC, which ingress and egress rights are no longer needed for any municipal purpose. (APPROVED BY THE CITY PLANNING COMMISSION ON 3/3/2006)

COMMUNICATION, dated 06/01/98, submitted by Councilmember Yates from Leroy and Deborah Ziegler, 861 Laverty Lane, Cincinnati, Ohio 45230, requesting information as to why they were treated in an unacceptable way by Officer Frank Carnell, Cincinnati Police Department, during an automobile accident.

COMMUNICATION, dated 06/15/98, submitted by Councilmember Sterne, from Mark W. Kelly, Director of State and Local Government/Education Sales, transmitting information regarding the Gateway Computer System.

COMMUNICATION, dated 06/17/98, submitted by Councilmember Portune, from Clarence & Ruth Clemons, 4154 Paddock Road, Cincinnati, OH 45229, regarding the recent speed strips place on Paddock Road.

COMMUNICATION, dated 08/20/98, submitted by Councilmember Yates, from Frank Hollister, East Price Hill Improvement Association, requesting that the FACT group not not demonstrate in East Price Hill and no further funding be given to the FACT organization.

COMMUNICATION, dated 09/01/98, submitted by Councilmember Tarbell, from Michael G. Florez, Attorney at Law, 119 E. Court Street, Cincinnati, OH 45202, for Linda Deters, regarding concerns he has with the procedures of the City of Cincinnati's Income Tax Department in handling his clients account.

COMMUNICATION, dated 9/15/98, submitted by Councilmember Yates, from Barbara Glueck, The American Jewish Committee Cincinnati Chapter, 105 W. Fourth Street, Suite 1008, Cincinnati, Ohio 45202, requesting that Council move quickly to implement the mediation agreement.

COMMUNICATION, dated 6/23/97, submitted by Councilmember Yates, from J. Kendall Anderson, titled "Anderson Proposal for the City of Cincinnati Basic Government Structure."

COMMUNICATION, dated 2/16/99, submitted by Councilmember Yates, from David P. Crafts, concerning the proposed Charter Amendment ordinance to provide for the election of councilmembers.

COMMUNICATION, dated 02/12/99, submitted by Councilmember Yates, from Bruce I. Petrie, Sr., 2787 Walsh Road, regarding the proposed Ordinance pertaining to the extension of term limits.

COMMUNICATION, dated 02/24/99, submitted by Councilmember Yates, from Reverend Duane Holm, commending City Councilmembers for considering a Charter Amendment to require City Council to elect its own presiding officer.

COMMUNICATION, submitted by the Clerk of Council, from James P. Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding Transfer of Ownership Application, Permit #9133589, Class C-1-2, D06, UDPRI, LLC, dba Glenway Market, 4420 Glenway Avenue, Cincinnati, Ohio 45205. Hearing will be held on April 7, 2006 at 1:30 p.m., City Hall, 801 Plum Street, Room B.

COMMUNICATION, dated 3/7/2006, submitted by the Clerk of Council, from James P. Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding New Permit Application, Permit #7848437-0005, Class C-1, Sarah Marie Schmit, dba Papa Dello's Pizza & Carryout, 4030 West Eighth Street, Cincinnati, Ohio 45205. Hearing will be held on April 7, 2006 at 10:00 a.m. in City Hall, 801 Plum Street, Room B.

MEMO, dated 3/7/2006, submitted by the Clerk of Council from Mayor Mallory requesting a Special Session of Council to take place on Tuesday, March 21st at 1:30 p.m. for the purpose of discussing the Banks Project. This meeting will be a joint City-County endeavor, open to the public and will take place at The Great American Ballpark in Club 4192.

NOTICE, dated 3/7/2006, submitted by Melissa A. Autry, Clerk of Council, to Mayor Mallory and all Councilmembers of Special Session of City Council on Tuesday, March 21, 2006 at 1:30 p.m. at Great American Ballpark in Club 4192, 100 Main Street, Cincinnati, Ohio 45202. This meeting will be joint City-County endeavor to discuss the Banks Project and will be open to the public. This special session of City Council has been called by Mayor Mallory.

RECEIPT, signed by the Mayor and all the Councilmembers of notice of special session of City Council to be held on Tuesday, March 21, 2006 at 1:30 p.m. at The Great American Ballpark, Club 4192, 100 Main Street, Cincinnati, Ohio 45202.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Charles Francis Haas, Finance Manager/Risk Manager, Finance.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Joe William Gray, Acting Director, Finance.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Teresa M. Gilligan, Finance Manager, Finance.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Kathleen A. Creager, Finance Manager, Accounts & Audit Finance Manager.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Melissa Autry, Clerk of Councils Office, Clerk of Council.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for John Timothy Walsh, Acting Pension Fund Manager, Finance.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for James Robert Garges, Cincinnati Recreation Commission, Director.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Mark Ellis McKillip, Assistant to the City Manager, City Manager's Office.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Julia LaRita McNeil, City Solicitor, Law Department.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Carole J. Callahan, Director, Human Resources.

ORDINANCE submitted by David E. Rager, City Manager, on 2/15/2006, amending Section 311-5, Imposition of Tax, of the Cincinnati Municipal Code to eliminate conflict with other sections of the Cincinnati Municipal Code regarding taxation of pass-through entities.

ORDINANCE submitted by David E. Rager, City Manager, on 3/1/2006, authorizing the City Manager to enter into and execute a Preferred Developer Agreement with NTP Development LLC, for City-owned property on Burnet Avenue.

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 Income 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.

ORDINANCE (EMERGENCY), dated 03/07/2006, submitted by David E. Rager, City Manager, authorizing the members of the Cincinnati Police Department to solicit and accept donations of money, in-kind contributions, and other things of value, to be used for the City of Cincinnati's 2006 United Negro College Fund ("UNCF") campaign drive, which will be held from March 21, 2006 to April 14, 2006.

ORDINANCE (EMERGENCY), dated 03/15/2006, submitted by Councilmember Cranley, from Mayor Mark Mallory, approving the participation of the Port of Greater Cincinnati Development Authority in financing projects located in the City of Cincinnati through the issuance of port authority revenue bonds at the request of Sisters of Mercy of the Americas, Regional Community of Cincinnati

ORDINANCE, dated 03/15/2006, submitted by Councilmember Cranley, from David E. Rager, City Manager, modifying the provisions of the City Municipal Code, Chapter 1101 by amending Section 1101-77, Obligations of Owners of Vacated Buildings, Section 1101-79, Vacated Building Maintenance Licenses, and Section 1101-129, Fees for Vacated Building Maintenance Licenses, to require owners of blighted, vacant buildings to maintain liability insurance on their properties, to increase the initial fee for a vacated building maintenance license, to increase the fee for each year that a building continues to remain blighted and vacant, and to create a lien on the property is the fees are unpaid. (SEE DOC # 200600218 FOR REPORT)

REPORT, dated 3/1/2006, submitted by David E. Rager, City Manager, regarding the Department of Finance 2005 Year End Close Report.

REPORT, dated 3/1/2006, submitted by David E. Rager, City Manager, regarding the Department of Finance reports for the month ended December 31, 2005. (REPORT ON FILE IN CLERK'S OFFICE)

REPORT, dated 3/1/2006, submitted by David E. Rager, City Manager, regarding the appointment of citizen trustee to Retirement Board.

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

REPORT, dated 3/13/2006, submitted by David E. Rager, City Manager, regarding proposed changes to the Vacated Building Maintenance License Program. (SEE DOCUMENT #200510595 FOR ADOPTED MOTION)

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, dated 3/13/06, 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 914-1-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.

REPORT, dated 2/28/2006, submitted by David E. Rager, City Manager, on a motion, dated 2/10/06, submitted by Councilmember Thomas, that the City Administration prepare a report that explores the possibility of creating a new ordinance that addresses possession of any amount of marijuana within the limits of the City of Cincinnati. (STATEMENT ATTACHED)

REPORT, dated 3/14/2006, submitted by David E. Rager, City Manager, regarding possession of marijuana ordinance research supplemental.

RESOLUTION, dated 2/8/2006, submitted by Councilmember Crowley, expressing City Council's support of comprehensive immigration reform and the McCain-Kennedy-Gutierrez legislation and urging the United States Congress to enact the proposed legislation.