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:

MOTION, dated 2/27/2007 submitted by Councilmembers Berding, Bortz, Cole, Cranley, Ghiz and Monzel, that the following addition be made to Section 9.6 of the Rules of Council: Council shall pass no Ordinance providing for an expenditure of City funds except as a part of the approved annual City budget unless the Ordinance at the same time provides for specific offsetting expenditure reductions or revenue increases. In the absence of the declaration of a genuine emergency by the City Manager, offsetting expenditure reductions shall not include funds taken from the Reserve for Contingencies, from any surplus, or from the previous year's Carryover Balance. Spending increases in the operating budget must be offset by reductions in the operating budget. (STATEMENT ATTACHED)

MOTION, dated 2/27/2007 submitted by Councilmember Laketa Cole, that the Community Development and Planning conduct a Zoning Study for the properties bounded on the south by Erkenbrecker Ave. (excluding the Post Office property located at the corner of Erkenbrecker and Burnet Ave.), on the west of Burnet Ave., on the north by the right-of-way of Hickory Street and on the east by Harvey Ave. The goal of the study is to accommodate Uptown Consortium in the development of phase 1 and phase 1A of their overall development. (STATEMENT ATTACHED)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/22/2007, appropriating to public use property required for the Third/Linn/Dalton Street water main improvement project.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/28/2007, authorizing the City Manager to enter into and execute an Agreement of Lease with the Queensgate Terminals, LLC, for real property located south of River Road, Sixth Street and west of Mehring Way, designated as Hamilton County Auditor's Parcel 149-10-97.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/28/2007, authorizing the City Manager to enter into a rental agreement with Enterprise Rent-A-Car for office space in the Lunken Administration Building's North Terminal and the use of 12 parking spaces in the adjoining parking lot.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/28/2007, accepting with gratitude a gift of Forensic Video Analysis Equipment, valued at $80,000.00, from the International Association of Chiefs of Police ("IACP") for use by the Cincinnati Police Department, in partnership with the Community Oriented Policing Services ("COPS"), in order to design and implement a regional approach to analyzing forensic video evidence through participation in the IACP's Regional Forensic Video Laboratory ("RFVL") program.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/28/2007, accepting and confirming a general warranty deed from the Village of Elmwood Place, Ohio, conveying to the City of Cincinnati certain real property located on Center Hill Avenue, also known as Hamilton County Auditor's Parcels 239-4-3 & 4, for inclusion in the Center Hill Commerce Park Project.

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. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/16/2007)

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 WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON TUESDAY, FEBRUARY 27, 2007 AT 12:00 P.M.)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 1/24/2007, authorizing the City Manager to enter into a lease with T-Mobile Central LLC to co-locate nine antennas on the Wardall Tower and for property at the Wardall Tower site, 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 2/16/2007)

COMMUNICATION, dated 2/21/2007, 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 #2495723-0010, Class C-1-2, Elramal Trad, Inc. dba Sam's Carryout, 4908 Whetsel Avenue, Cincinnati, Ohio 45227. Hearing will be held on March 23, 2007 at 1:00 p.m. in Room B, City Hall.

COMMUNICATION, dated 2/16/2007, 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. Meeting has been canceled.

COMMUNICATION, dated 2/23/2007, submitted by the Clerk of Council, from Terry Poole, Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding 2006-2007 Renewal Application, Number 1608807-0005, Class C-2-2X, D-6, Cold N Quick Drive Thru, Inc., 2029 Dana Avenue, Cincinnati, Ohio 45207.

COMMUNICATION, dated 2/23/2007, submitted by the Clerk of Council, from Terry Poole, Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding Stock Transfer Application, Permit #1608807-0005, Class C-2-2X, D-6, Cold N Quick Drive Thru, Inc., 2029 Dana Avenue, Cincinnati, Ohio 45207.

COMMUNICATION, dated 2/21/2007, 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.

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Richard A. Weiland, Consultant, Principle, Richard Consulting Corporation, 1055 St. Paul Place, Cincinnati, Ohio 45202.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Thomas H. Streicher, Police Chief.

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.

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 2/22/2007, expressing the support of the Council of the City of Cincinnati for the rail passenger service provided by Amtrak.

MOTION, dated 2/21/2007 submitted by Councilmembers Thomas, Crowley, Cranley, Ghiz and Vice Mayor Tarbell, that the City Administration assign a payroll slot for the Police and Firefighters Insurance Association to provide for voluntary payroll deduction. (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, 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 (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/22/2007, approving and authorizing the execution of a Community Reinvestment Area Tax Exemption Agreement with The Stratford Companies, LLC, thereby authorizing real property tax exemption for a period of fifteen years in connection with construction of a continuing care retirement community located at 5395 and 5457 Kenwood Road, Cincinnati, Ohio, 45227, at an estimated cost of $91,325,600.00 in the City of Cincinnati Community Reinvestment Area.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/22/2007, authorizing the City Manager to apply for and accept a grant from the U.S. Department of Homeland Security in the approximate amount of $400,000 for the purpose of further enhancing and maintaining the City's Metropolitan Medical Response System (MMRS); and further REPEALING Ordinance #348-2004.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/22/2007, authorizing the City Manager to apply and accept a grant from the U.S. Department of Homeland Security in the amount of $232,300 for the purpose of further enhancing and maintaining the City's Metropolitan Medical Response System (MMRS).

REPORT, dated 2/22/2007, submitted by Milton Dohoney, Jr., City Manager, regarding Tax Incentive Review Council status of property tax agreements.

REPORT, dated 2/22/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended January 31, 2007. (REPORT ON FILE IN CLERK'S OFFICE)

RESOLUTION, dated 02/26/2007, submitted by Councilmember Ghiz, Expressing City Council's support for an amendment to the Cooperative Agreement for the Cincinnati Convention Center Expansion and Renovation Project, by and between the Convention Facilities Authority for Hamilton County, Ohio, the County of Hamilton, Ohio, and the City of Cincinnati, Ohio in order to provide for a different division and distribution of the Residual Funds that will be available under the terms of the Agreement for calendar year 2006.

ORDINANCE (EMERGENCY), submitted by Councilmember Monzel on 2/27/07, amending Section 763-3 of Chapter 763 of the Cincinnati Municipal Code, "Residency Prohibitions Against Sexual Offenders", to modify the reference to the state law definition of the term "child day care center".

REPORT, dated 2/22/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion dated 1/30/07, submitted by Councilmembers Thomas, Berding, Cranley, Tarbell, Ghiz, Monzel, Crowley, Cole and Bortz, that the City Administration work with the Cincinnati Initiative to Reduce Violence (CIRV) Committee to begin the process of developing a strategic plan to reduce gun violence in the City of Cincinnati. (SEE DOCUMENT #200700127 FOR ADOPTED MOTION)

REPORT, dated 2/27/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Quality of Life Index for year-end 2006 update.