Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cranley, Cole, Crowley, Ghiz, Tarbell and Thomas (8)

Also in attendance were City Manager Milton Dohoney, Jr. Solicitor J. 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 2/5/2007, submitted by Councilmembers Berding, Cole and Ghiz that the Administration report to Council on the feasibility and potential efficiency of utilizing a pre-bid process whereby demolition bids would be solicited for multiple building demolitions by cost per square foot per construction type. (STATEMENT ATTACHED)

ORDINANCE, (EMERGENCY) submitted by Councilmember Bortz, AUTHORIZING the transfer and appropriation of the sum of $3,937,680 from the unappropriated surplus of Income Tax Permanent Improvement Fund 758 to the unappropriated surplus of General Fund 050 for the purpose of balancing the 2007 budget.

ORDINANCE, (EMERGENCY) submitted by Councilmember Bortz, AUTHORIZING the transfer and appropriation of $1,000,000 from the unappropriated surplus of General Fund 050 to various operating accounts for the purpose of funding certain programs.

ORDINANCE, (REVISED EMERGENCY) submitted by Councilmember Bortz, DECLARING that funds shall not be expended during the current Council term in an amount which would reduce the estimated fund balance to less than $5,026,228 in the absence of the declaration of a genuine emergency by the City Manager, and further that the fund balance shall be used for purposes of paying for budgetary expenses of the City of Cincinnati arising during the next City Council term, beginning in December of 2007, or retained in the unappropriated surplus of the General Fund during the next City Council term.

ORDINANCE, (EMERGENCY) AUTHORIZING the transfer and appropriation of the sum of $278,390 from the unappropriated surplus of the General Fund to the Police Department's personnel services operating account 050x222x7100, and further authorizing the transfer and appropriation of the sum of $57,650 from the unappropriated surplus of the General Fund to non-departmental operating account 050x913x7400, and further authorizing the transfer and appropriation of the sum of $63,960 from the unappropriated surplus of the General fund to the non-departmental operating account 050x917x7400, to provide funding for salary increases and wage items included in the January 4, 2007 Fact Finding Report concerning the City of Cincinnati and the Fraternal Order of Police Queen City Lodge No. 69, to provide funding for pension benefits associated with the salary increase, and to provide funding for the incremental increase for dental and vision costs.

RESOLUTION, dated 2/2/2007 submitted by Councilmember Bortz, EXPRESSING Council's intent to adjust the Police Department Budget and any appropriate non-departmental operating accounts, by $689,197, in the 2007 final adjustment ordinance, of not earlier, in order to fully fund pension benefits and to provide funding for the incremental increase of dental and vision costs, as stated in the January 4, 2007 Fact Finding Report concerning the City of Cincinnati and the Fraternal Order of Police Queen City Lodge No. 69.

RESOLUTION, dated 2/5/2007, submitted by Councilmember Crowley, EXPRESSING the Council of the City of Cincinnati's support for the U.S. troops currently serving Iraq, as well as those who have previously served, and those who have been killed or wounded during such service, and their families; and further EXPRESSING Council's deep concern with regard to President Bush's proposed plan to increase the United States' military presence in Iraq by 21,500 troops.

RESOLUTION, dated 2/2/2007, submitted by Councilmember Crowley, URGING the Ohio Housing Finance Agency to approve Price Hill Will's application for $500,000.00 in funding to develop, inthe Whittier Gardens area of the City of Cincinnati neighborhood of East Price Hill, a ten-unit, single-family, owner-occupied rehabiliation project, which will be affordable to new homebuyers who earn between fifty percent (50%) and eighty percent (80%) of the area median income.

MOTION, dated 1/29/2007 submitted by Councilmembers Crowley, Cranley, Thomas and Vice Mayor Tarbell that consistent with the budget agreement $200,000 of the $4.4 million positive budget variance be used to restore the City's subsidy to the Independent Community Health Centers. (STATEMENT ATTACHED)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/31/2007, authorizing the sale of two parcels of real property in the vicinity of Red Bank Road and Murray Avenue in the Village of Fairfax, nothwithstanding the provisions of Chapter 331 of the Cincinnati Municipal Code.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/7/2007, authorizing the City Manager to apply for and accept a grant in the amount of $28,163.68 from the Governor's Highway Safety Office for the purpose of funding an intensified traffic enforcement program aimed at traffic violations that are the cause of accidents in areas identified as having a high incidence of vehicular accidents.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/7/2007, authorizing the transfer and return to source of $160,000 from capital improvement project account no. 980x203x03187 (Master Plan Implementation '06) to the unappropriated surplus of the Park Board's Permanent Improvement Fund 752; and further AUTHORIZING the appropriation and expenditure of $160,000 from the unappropriated surplus of Fund 752 for the purpose of completing various permanent improvements throughout the park system.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/7/2007, authorizing the City Manager or his designee to purchase single family properties for One and 00/100 Dollar ($1.00) each for resale under the federal Good Neighbor Program; the City Manager or his designee to transfer the same single family properties for One and 00/100 Dollar ($1.00) each to a community development corporation; and authorizing the proper City officers to do all things necessary and appropriate to implement said purchases and transfers; nothwithstanding the provisions of Cincinnati Municipal Code Sections 107-1 and 107-15.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager on 2/7/2007, repealing Section 910-11 of the Cincinnati Municipal Code, "Public Disturbance; Second Response Fee", based on the limied number of violations filed under Section 910-11, and further based on the current availability of alternative methods for pursuing individuals who may be in violation of the public disturbance provisions of Chapter 910 of the Cincinnati Municipal Code, "Public Order", which alternate methods provide for more efficient and cost-effective enforcement.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/7/2007, authorizing the Board of Health to accept a grant in the amount of $97,300 from the Health Foundation of Greater Cincinnati for the purpose of developing an integrated primary care service network for low-income and uninsured Cincinnati residents.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/7/2007, accepting and confirming the dedication of Auditor's parcel 182-2-5 to public use for street purposes as an addition to Sunset Lane, as shown on the dedication plat designated "Woodcrest Park Subdivision."

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/7/2007, authorizing the City Manager to enter into a sale agreement with Cincinnati Northside Community Urban Redevelopment Corporation, for the sale of City property located in Northside, which real estate is no longer needed for any municipal purpose.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/7/2007, establishing a new bond fund, Water Works Improvements Fund No. 895, in the Department of Water Works and authorizing the transfer and appropriation of the sum of up to $10,000,000 from the unappropriated surplus of the Department of Water Works Fund No. 101 to the new bond fund, Water Works Improvements Fund No. 895 for the purpose of funding urgently needed Water Works capital improvement projects, and expressing the intent of Council to reimburse Water Works Fund No. 101 in the amount of up to $10,000,000 when the proceeds of a bond sale authorized by the Council to fund such improvements become available.

REPORT, dated 2/7/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the living wage waiver request for car washes.

REPORT, dated 2/7/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for Wise Restaurants, LLC DBA Rondos, 3230-3234 Harrison Avenue. (#9726332, New, D5) [Objections: None]

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 98-5-235) to public use for street purposes as an addition to McMillan Street and McMicken Avenue. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/2/2007)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 51-3-236) to public use for street purposes as an addition to Marburg and Alamo Avenues. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/2/2007)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcels 223-3-173 and 582-1-191) to public use for street purposes as an addition to Spring Grove Avenue. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/2/2007)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 1-3-311) to public use for street purposes as an addition to Beechmont Avenue and Wilray Terrace. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/2/2007).

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 118-1-145) to public use for street purposes as an addition to Paddock and Laidlaw Avenue. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 2/2/2007)

ORDINANCE, dated 2/1/2007, submitted to the Clerk of Council, MODIFYING the provisions of Chapter 102, "City Publications, Advertisements and Documents," of the Cincinnati Municipal Code, by amending existing Section 102-9, "Subscription Price."

REGISTRATION, (UPDATED) submitted by the Clerk of Council from Legislative Agent George T. Glover, Managing Director - Focused Capital Solution, LLC, 425 Walnut Street - #1800, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Lynn Marmer, Executive, The Kroger Company, 1014 Vine Street, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Brendon J. Cull, 1014 Vine Street, 6th Floor, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council, from JoAnn Reilly, Lobbying & Public Relations, Owner, 726 Regent Road, Cincinnati, Ohio 45245.

REGISTRATION, submitted by the Clerk of Council from Richard Consulting, Lobbyist Public Relations, President, 2444 Madison Road - #1406, Cincinnati, Ohio 45208.

REGISTRATION, submitted by the Clerk of Council from Legislative Agent Richard Consulting, Lobbyist & Public Relations, President, 2444 Madison Road - 1406, Cincinnati, Ohio 45208. (Youth Opportunties United Inc.)

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Richard Consulting, Lobbyist & Public Relations, President, 2444 Madison Road, #1406, Cincinnati, Ohio 45208. (Neighborhood Health Inc.)

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Jo Ann Reilly, Lobbying & Public Relations, 726 Regent Road, Cincinnati, Ohio 45245.

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Richard Consulting, Lobbyist & Public Relations, President, 2444 Madison Road - #1406, Cincinnati, Ohio 45208. (The Mayerson Company, 312 Walnut Street - #3600, Cincinnati, Ohio 45202)

REGISTRATION, submitted by the Clerk of Council from Legislative Agent Richard A. Weiland, Consultant, Richard Consulting, 2444 Madison Road, Cincinnati, Ohio 45208. (Central Clinic, 311 Albert Sabin Way, Cincinnati, Ohio 45176)

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Victor A. Needham, III, Manager - Regional Govt. Affairs, 221 E. 4th Street, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Eugene F. Snavley, Executive Vice President-Cincinnati Area Board of Realtors, 14 Knollcrest Drive, Cincinnati, Ohio 45222.

REGISTRATION, submitted by the Clerk of Council from Legislative Agent Todd A. Ward, Forward Consulting, LLC, 2500 Meyerhill Drive, Cincinnati, Ohio 45211.

REGISTRATION, submitted by the Clerk of Council from Legislative Agent Stephen L. Schwalbe, Vice President, TriHealth, Inc., 619 Oak Street, Cincinnati, Ohio 45206.

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Mark J. Quarry, Director of Governmental Affairs - Cincinnati Area Board of Realtors, 14 Knollcrest Drive, Cincinnati, Ohio 45222.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Cecil L. Thomas, Councilmember.

RESOLUTION, dated 01/25/2007, from J. Rita McNeil, City Solicitor, expressing Council's intent, in accordance with the 2007 Budget Motion, passed unanimously by Council on December 20, 2006 (Item No. 200601165), not to spend the second $2,000,000 identified by the Finance Department as part of the 2006 positive variance, by rather to use it exclusively to increase the unappropriated surplus of the General fund so that it is available to be used toward the 2008 budget.

MOTION, dated 02/05/2007, submitted by Councilmember Cole that the Administration take the necessary steps to sign the 2007 NSP contract with Invest in Neighborhoods for the duration of 7 1/2 months retroactive to January 1, 2007 for an amount which would keep NSP funding at current levels and give Invest in Neighborhoods and administrative overhead of $75,000. Also that the contracts for the Community Councils be retroactive to January 1, 2007. And that an ordianance be drafted that allocates an additional $45,000 to fund Invest in Neighborhoods at its full funding level. This money shall come from general fund or anthem revenue that has been earmarked to supplement Capital orojects. $45,000 shall then be restored during the Capital Improvement Program Sunset Ordinance in late spring 2007.

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 1/24/2007, declaring the intent to appropriate to public use property required for the improvement of Columbia Parkway from Kemper Lane to Delta Avenue.