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

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:

APPOINTMENT, dated 2/13/2007 submitted by Mayor Mallory, recommending the appointment of Catherine Barrett to serve as a City representative on the Hamilton County Convention Facilities Authority Board of Directors. Ms. Barrett will be filling the unexpired term of Eric Kearney. Her term will expire October 30, 2007.

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.

MOTION, dated 2/12/2007 submitted by Councilmembers Crowley, Thomas, Cranley and Vice Mayor Tarbell that the St. Patrick's Day Parade, the Opening Day Parade and the Heart Mini Marathon be exempt from 100% of the Public Services and Traffic and Engineering cost associated with the production of the events. WE FURTHER MOVE that half of the cost associated with this exemption, not to exceed $20,000, will come from the Arts and Culture Capital Fund and the administration will work closely with Council to identify the source of the remainder of funds (an estimated $20,000). WE FURTHER MOVE that the City administration report to Council on the amount of money that would be required to reverse the recent policy decision to charge the events 100% of Public Services and Traffic Engineering costs as well as options for how these costs could be offset. WE FURTHER MOVE that the Administration work closely with City Council to recommend a policy change that will ensure that all of the events effected by the recent Special Events policy change will continue to be held within Cincinnati. In addition to the St. Patrick's Day Parade, the Opening Day Parade and the Mini Heart Marathon these events include the Black Family Reunion, Riverfest, Oktoberfest Zinzinnati, Taste of Cincinnati, Juneteenth and the Ault Park 4th of July Fireworks. (STATEMENT ATTACHED)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, authorizing the City Manager to execute any necessary and appropriate documents to amend the HOME Investment Partnership Program loan agreement entered into with Glacid Investments II, LLC for the repair and rehabilitation of real property located 1819, 1825 and 1829 Sutton Avenue.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, authorizing the City Manager to enter into and execute a Ground Lease Agreement with The Fifth Third Company for property located adjacent to Fountain Square.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, authorizing the City Manager to enter into a rental agreement with Wegman Investments, LTD., for property located at 3120 Warsaw Avenue.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, authorizing the City Manager enter into Amendment No. 2 with Broadway Development 2001, Ltd. for the City-owned property at Seventhg Street and Broadway Avenue.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, providing for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio, in the principal amount of $29,265,000 for the purpose of street improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, providing for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $5,250,000 for the purpose of public building improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, providing for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $6,040,000 for the purpose of making equipment improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, providing for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio, in the principal amount of $4,500,000 for the purpose of parks and recreation improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, providing for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio, in the principal amount of $945,000 for the purpose of recreation improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, providing for the issuance of notes in the principal amount of $3,619,500 by the City of Cincinnati in anticipation of the issuance of bonds, and to provide funds for park improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, providing for the issuance of notes in the principal amount of $1,000 by the City of Cincinnati in anticipation of the issuance of bonds, and to provide funds for public buildings improvements.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, providing for the issuance of notes in the principal amount of $2,857,500 by the City of Cincinnati in anticipation of the issuance of bonds, and to provide funds for recreation improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/14/2007, providing for the issuance of notes in the principal amount of $9,502,000 by the City of Cincinnati in anticipation of the issuance of bonds, and to provide funds for street improvements, and declaring an emergency.

ORDINANCE authorizing the City Manager to close the Collins Avenue steps to pedestrian access for a period of five years to measure their impact on public safety.(CITY PLANNING COMMISSION DISAPPROVED THIS ITEM ON 2/2/2007)

REPORT, dated 2/14/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 1/26/2007, submitted by Councilmember Crowley, from Mary M. Croft, Chairman, Housing & Development Committee, East Price Hill Improvement Association, 562 Davenport Avenue, Cincinnati, Ohio 45204, regarding the Kroger Store at Warsaw & Enright Avenues.

REPORT, dated 2/14/2007, 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 Brick City Market, Inc. DBA Pit Stop, 3411 Glenway Avenue. (#0951157, New, C1) [Objections: None]

REPORT, dated 2/14/2007, 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 Agria Cincy, Inc. DBA Ramco, 3406 Warsaw Avenue. (#00766560005, Transfer of Ownership, C1) [Objections: None]

REPORT, dated 2/14/2007, 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 Barcelona Cincy, LLC DBA Barcelona Tapas Restaurant, 2038 Madison Road. (#0442443, Transfer of Ownership and Location, D1, D2, D3, D3A, D6) [Objections: None]

REPORT, dated 2/14/2007, 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 Lykins C Stores, Inc. DBA (None listed), 3749 Glenway Avenue. (#53639580240, Transfer of Ownership, C1) [Objections: None]

REPORT, dated 2/14/2007, 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 Oakley Pub and Grill, LLC DBA Oakley Pub and Grill, 3924 Isabella Avenue. (#6485544, Transfer of Stock, D1, D2, D3, D3A, D6) [Objections: None]

REPORT, dated 2/14/2007, 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 Cityq Barbeque, LLC DBA (None listed), 3804 Paxton Avenue and Patio. (#15108010005, Transfer of Ownership, D1) [Objections: None]

REPORT, dated 2/14/2007, 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 Hawkstone Associates DBA Boudinot BP, 3200 Harrison Avenue. (#36788970335, Transfer of Ownership, C1, C2) [Objections: None]

REPORT, dated 2/14/2007, 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 McCluskey Enterprises, Inc. DBA (None listed), 4124 Kirby Avenue 1st Floor. (#5707504, Transfer of Ownership, C1, C2, D6) [Objections: None]

REPORT, dated 2/14/2007, 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 Tavern on the Hill LLC DBA Guidos Lounge and Mangia Osteria, 1111 St. Gregory Street. (#8832165, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: None]

REPORT, dated 2/14/2007, 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 BHI Food, Inc. DBA (None listed), 913 Sycamore Street. (#0683889, New, C2) [Objections: None]

REPORT, dated 2/14/2007, 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 4618 Eastern Avenue Acquisition LLC DBA A and J Restaurant, 3089 Madison Road. (#2848564, Transfer of Ownership, D1, D3, D3X) [Objections: None]

REPORT, dated 2/14/2007, 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 Brick City Market, Inc. DBA Pit Stop, 3411 Glenway Avenue. (#0951157, New, C2) [Objections: None]

REPORT, dated 2/14/2007, 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 Gilligan Oil Company, LLC DBA Shell, 1900 Seymour Avenue. (#31889500135, New, C2) [Objections: None]

REPORT, dated 2/14/2007, submitted by Milton Dohoney, Jr., City Manager, regarding implementation of the LEED Ordinance #274-2006.

REPORT, dated 2/14/2007, submitted by Milton Dohoney, Jr., City Manager, on an ordinance submitted by Councilmember Bortz, modifying the Cincinnati Zoning code to provide for a 2,000 square foot parking exemption.

ORDINANCE, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, TO REZONE certain property located along Kirby Road in the community of Northside from SF-6, Single-family District and RM-2.0, Residential Multi-family District to a SF-2, Single-family District, amending the Zoning Map. (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON TUESDAY, FEBRUARY 27, 2007 AT 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE, certain property located at 2312-16 Beechmont Avenue in the Mt. Washington neighborhood, from the RM 1.2, Residential Multi-family District, to the CC-P, Commercial Community - Pedestrian District, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 12/15/2006) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON TUESDAY, FEBRUARY 13, 2007 AT 12:00 P.M.)

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. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 2/2/2007)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, authorizing the sale of surplus City-owned real property located at 170 Goethe Street to Sara Aschliman and Brian Aschliman, which real property is no longer needed for any municipal purpose, and repealing Ordinance No. 329-2005. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/2/2007)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 1/10/2007, authorizing the grant of two permanent easements in Vaughn Street to Corryville Community Development Corporation, one easement for private drainage, building overhang and private utilities, the second easement for private drainage, which interests are not needed for any municipal purpose. (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, authorizing the sale of surplus City-owned real property located on the southwest corner of Eastern Avenue and St. Peters Street to Kenneth J. Welsh, which real property is no longer needed for any municipal purpose. (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, authorizing the City Manager to enter into a Lease Agreement with the Art Academy of Cincinnati for City-owned Rodney Alley between 12th and 13th Streets, which property is not needed for any municipal purpose during the term of the lease. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/2/2007)

COMMUNICATION, dated 1/30/2007 submitted by the Clerk of Council, from Rae Ann Estep, Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding Transfer of Ownership Application, Permit #1415397, Class C-1-2, D-6, Cherradi Enterprise, LLC, dba Don's Deli, 1500 Beech Avenue, 1st Floor, Cincinnati, Ohio 45205.

COMMUNICATION, dated 2/1/2007, submitted by the Clerk of Council, from James P. Bally, Attorney, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding New Permit Application, Permit #7528323-0005, Class C-1, Roselawn Express, Inc., 3515 Burnet Avenue, Cincinnati, Ohio 45229.

COMMUNICATION, dated 1/29/2007, submitted by the Clerk of Council, from James P. Bally, Attorney, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding 2005-2006 and 2006-2007 Renewal Applications, Permit #1493392, Class C-1, Cincinnati Petro Corp. dba Swifton Shell, 1900 Seymour Avenue, Cincinnati, Ohio 45237.

REGISTRATION, submitted by the Clerk of Council from Legislative Agent Douglass McDonald, Museum Administrator, President and CEO, 1301 Western Avenue, Cincinnati, Ohio 45203.

REGISTRATION, submitted by the Clerk of Council from Legislative Agent Richard A. Weiland, Consultant, 2444 Madison Road, 1406, Cincinnati, Ohio 45208.

REGISTRATION, submitted by the Clerk of Council from Legislative Agent Richard Consulting, Lobbying & Public Relations, President, 2444 Madison Road, #1406, Cincinnati, Ohio 45208.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/31/2007, authorizing the City Manager to enter into an agreement of lease with Brakvill, Inc., for space on the first floor of Lunken Airport Administration Building.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/31/2007, authorizing the transfer and return to source of the sum of $1,233,370 from various existing street improvement project accounts and further AUTHORIZING the transfer and appropriation of the sum of $1,233,370 from various street improvement bond funds to capital improvement project account number 980x233x03225, Riverside Drive-Eggleston to Bains '06, for the purpose of providing funds to meet a required local match for the Riverside Drive-Eggleston to Bains '06 project.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/31/2007, authorizing the transfer and return to source Fund 870 (Street Improvement), the sum of $149,015.00 capital improvement project account no. 980x233x00210 (Beechmont Avenue Improvements); and further AUTHORIZING the transfer and appropriation of the sum of $149,015.00 from the unappropriated surplus of Fund 870 to capital improvement project account no. 980x233x03215 (Columbia Parkway Access Management '06).

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 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 (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.

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."

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

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 2/12/2007, submitted by Councilmember Crowley, from J. Rita McNeil, City solicitor, Urging the Ohio Housing Finance Agency to approve Price Hill Will's application for $500,000.00 in funding to develop, in the East Price Hill neighborhood of the City of Cincinnati, a ten-unit, single-family, owner-occupied rehabilitation 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 1/17/2007 submitted by Councilmembers Berding, Bortz, Cole, Ghiz and Monzel that the City Manager work in partnership with the Hamilton County Administrator *and an expert project manager to coordinate the design and development of a female only interim jail to house a minimum of 500 female prisoners; WE FURTHER MOVE that said planner work with the Hamilton County Sheriff's Office on the specifics of this jail facility's structure, location, design and programming, including but not limited to drug treatment and rehabilitation services; WE FURTHER MOVE that the City Manager work in partnership with the Hamilton County Administrator and the Hamilton County Sheriff's Office to develop an operating plan and budget for the County to run this facility; WE FURTHER MOVE that the City Manager work in partnership with the Hamilton County Administrator to develop an agreed-upon financing plan that matches the need to get the interim jail immediately constructed and operational with the County's long-term use plan in its justice system, and the City Manager report the financing plan back to City Council for its approval; WE FURTHER MOVE that no construction of this temporary facility shall commence, nor shall any capital construction dollars be advanced, in the absence of Hamilton County Commissioners having first approved a comprehensive Corrections and Rehabilitation plan for the housing and treatment of prisoners and second, the Board of County Commissioners having secured all necessary financing or funding streams required to cover the total cost of the program; WE FURTHER MOVE that the plans for said facility be completed by May 15, 2007 so that financing can be in place and work underway by June 1, 2007; WE FURTHER MOVE that the facility be made operational as early as 12 months and no later than 18 months after City Council's approval of the financing plan. (STATEMENT ATTACHED) (*Amended on floor of council 2/14/2007)

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.