Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Bortz, Cranley, Cole, Crowley, Ghiz, Monzel, 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:

COMMUNICATION, dated 2/28/2007 submitted by Councilmember Berding from Rachael C. Mouch (RMOUCH2@cinci.rr.com) regarding Westwood.

MOTION, dated 3/5/2007 submitted by Councilmembers Berding, Cole and Ghiz that the Administration report back to Council on the feasibility of instituting a revised "Drug Exclusion Zone" ordinance that would include permitted exceptions or link a timeframe to the restriction.

COMMUNICATION, dated 2/27/2007, submitted by Councilmember Bortz, from Carl Uebelacker, Communications Secretary, Hyde Park Neighborhood Council, P.O. Box 8064, Cincinnati, Ohio 45208, regarding Zoning Code Text Change.

COMMUNICATION, submitted by Councilmember Cole, from Michelle Sanchez, 5701 Luhn Avenue, Cincinnati, Ohio 45227, regarding her personal rights being violated by the City of Cincinnati Buildings Department.

COMMUNICATION, dated 2/20/2007 submitted by Councilmember Crowley, from Roger Giesel, Frank Santorelli and Randy Gardner, Mt. Washington Wetlands Preservation Trustees, 1951 Wilaray Terrace, Cincinnati, Ohio 45230, requesting $20,000.000 to help completed the 4 acre forested wetland in the heart of Mt. Washington.

RESOLUTION, dated 2/26/2007 submitted by Councilmember Crowley, urging the Ohio Housing Finance Agency to approve Tender Mercies application for Low Income Housing Tax Credits to renovate 24 West 12th Street in the historic district of the Over-the-Rhine neighborhood of the City of Cincinnati, to provide housing for homeless and severely mentally ill adult individuals.

ORDINANCE, (EMERGENCY) dated 3/6/2007 submitted by Councilmember Thomas, AUTHORIZING the employees of the City of Cincinnati to solicit and accept donations of money, in-kind contributions, and other things of value, for the purpose of providing funding for contributions in support of the 2007 United Negro College Fund Campaign.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, authorizing the sale of Ira Alley between 12th Street and Central Parkway, which is no longer needed for municipal or street purposes, to the Board of Education of the City of Cincinnati School District.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, authorizing the City Manager and the Public Recreation Commission to establish terms and conditions for the presentation of the All American Birthday Party, by the City of Cincinnati Public Recreation Commission, in cooperation with Cincy Latino, LLC., from 12:01 A.M. on June 29, 2007 to 12:00 Midnight on July 5, 2007, for the event area; and authorizing and directing the City Manager and the Public Recreation Commission to take such actions as are deemed necessary and proper to implement the presentation of the All American Birthday Party at the Central Riverfront.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, authorizing the City Manager and the Public Recreation Commission of the City of Cincinnati, to establish terms and conditions for the presentation of the Black Family Reunion by the National Council of Negro Women, Inc., and Blue Chip Broadcast Foundation, Inc., from 12:01 a.m. on August 13, 2007, to 12:00 Midnight on August 25, 2007, for the event area; and further authorizing and directing the City Manager and the Public Recreation Commission, to take such actions as are deemed necessary and proper to implement the presentation of the Black Family Reunion at the Central Riverfront.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, authorizing the City Manager and the Public Recreation Commission to establish terms and conditions for the presentation of Kids' Fest by the Public Recreation Commission of the City of Cincinnati in cooperation with Citicasters Licenses, Inc., a subsidiary of Clear Channel Communications, Inc., from 12:01 a.m. on May 30, 2007 to 12:00 Midnight on June 5, 2007, for the event area; authorizing and directing the City Manager and the Public Recreation Commission to take such actions as are deemed necessary and proper to implement the presentation of Kids' Fest at the Central Riverfront.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, authorizing the City Manager and the Public Recreation Commission, City of Cincinnati, to establish terms and conditions for the presentation of Riverfest U.S.A. by the Public Recreation Commission, City of Cincinnati, in cooperation with Citicasters Licenses, Inc., a subsidiary of Clear Channel Communications, Inc., from 12:00 a.m. on August 29, 2007 to 12:00 Midnight on September 5, 2007 for the event area; and further authorizing and directing the City Manager and the Public Recreation Commission to take such actions as are deemed necessary and proper to implement the presentation of Riverfest U.S.A. at the Central Riverfront.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, authorizing the Cincinnati Recreation Commission (CRC) to enter into an agreement with the Mill Creek Restoration Project (MCRP) with respect to installation and maintenance of the special project titled "Laughing Brook" at Salway Park.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, authorizing the transfer and appropriation of the sum of $162,000 from existing Facilities Management project account no. 980x255x03245, Replacement Facilities '06 Interchange, to the unappropriated surplus of Source Fund 861 and subsequently from the unappropriated surplus of Source Fund 861 to two separate facilities renovation capital project accounts within the Health Department, in accordance with the schedule attached hereto; further AUTHORIZING the transfer and appropriation of $162,000 from two separate facilities renovation capital project accounts within the Health Department to the unappropriated surplus of Source Fund 758 and subsequently from the unappropriated surplus of Source Fund 758 to existing Community Development project account no. 980x162x03176, in accordance with the schedule attached hereto, all for the purpose of reimbursing the Department of Community Development for the appraised value of the property where new Fire Station 51 will be located and permitting the Department of Community Development to acquire and consolidate additional properties to facilitate the MetroWest Redevelopment Project.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/1/2007, authorizing the transfer of the sum of $40,000 from existing CDBG project account number 304x162x71430, Strategic Housing Initiatives Program (SHIP), to existing CDBG project account number 304x162x41017, Receivership Program, for the purpose of providing funding to abate public Nuisances on two single family units.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, authorizing the City Manager to accept funds from the US Army Corps of Engineers for reimbursement of payments made by the City of Cincinnati under the Project Cooperation Agreement for the Duck Creek Local Flood Protection Project.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, approving and authorizing the transfer of an approximate 0.447 acre parcel of Park Property located on the northeastern portion of Evanston Park (aka "Evanston Playfield"), in the Evanston community, to Neyer Properties Incorporated (the "Keystone Parke Developer"), for the benefit of the Keystone Parke Project; determining that the property is no longer needed for municipal purposes; determining that the proposed contract for the transfer of Park Property is satisfactory; determining that the transfer of the Park Property without competitive bidding is in the public interest; determining the fair market value of the property; determining that the transfer of the Park Property to Neyer Properties Incorporated at less than fair market value will result in a significant public benefit.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, authorizing and confirming a deed of general warranty from Duke Energy Corporation, conveying to the City of Cincinnati Park Board approximately 0.655 acres of real property located at 2111 Dana Avenue, in the Evanston community, for the use and benefit of Evanston Playfield (aka "Evanston Park").

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, approving the lease of 35,429 square feet of City-owned real property located along the right-of-way known as Realistic Avenue, south of Dana Avenue, to Neyer Properties, Incorporated, an Ohio corporation, for the benefit of the Keystone Parke project (formerly "The Keystone" project), and determining that the lease of the property without competitive bidding is in the public interest; determining the fair lease value of subject lease; authorizing the City Manager to enter into a lease agreement for the lease of such property; and, determining that the proposed lease agreement is satisfactory.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, authorizing the grant of Temporary Construction Easement ot Neyer Properties, Inc. (an Ohio corporation), Dana Residential Investment, Ltd. (an Ohio limited liability company) Keystone Parke I, LLC (an Ohio limited liability company) and Keystone Parke II, LLC (an Ohio limited liability company), (collectively the "Keystone Parke Developer"), for the benefit of the Keystone Parke project, which easement is not needed for any municipal purpose during the subject construction period; determining that the proposed Temporary Construction Easement Agreement is satisfactory; determining that the granting of the easement without competitive bidding is in the public interest; determining the fair market value of the easement; determining that the grant of easement at less than fair market value will result in a significant public benefit; and, declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, 3/7/2007, authorizing the City Manager to apply for and accept a Brownfields Job Training grant in the amount of approximately $172,000 from the United States Environmental Protection Agency, for the purpose of providing job training in the abatement of lead and asbestos, as well as the removal of other hazardous waste materials.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/7/2007, authorizing the City Manager to apply for and accept a grant of approximately $28,425 from the Ohio Department of Youth Services for the Juvenile Accountability Block Grant for the purpose of funding the continuation of Project TEAM (Together Encouraging Accountable Minors) in conjunction with the Hamilton County Probation Department and Cincinnati Human Relations Commission (CHRC).

REPORT, dated 3/7/2007, 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 the Bra Nu Enterprise, LLC DBA Evanston Marathon, 3601 Montgomery Road. (#09199700005, New, C1, C2) [Objections: None]

REPORT, dated 3/7/2007, 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 Over the Edge, LLC DBA Over the Edge, 3928 Edwards Road. (#6609115, New, D5) [Objections: The Department of Buildings and Inspections]

REPORT, dated 3/7/2007, submitted by Milton Dohoney, Jr., City Manager, regarding a request for further study of zone changed from PD-17 to ML. (REFERENCE DOCUMENT #200700052)

REPORT, dated 3/7/2007, submitted by Milton Dohoney, Jr., City Manager, regarding a request for further study of zone change from PD-17 to RM 1.2. (REFERENCE DOCUMENT #200700053)

REPORT, dated 3/7/2007, submitted by Milton Dohoney, Jr., City Manager, regarding a request for further study of zone change from PD-17 to CN-M. (REFERENCE DOCUMENT #200700054)

COMMUNICATION, dated 2/28/2007 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 New Permit Application, Permit #3236768-0010, Class C-1-2, Goco, Inc. dba Liberty Shell, 30 East Liberty, Cincinnati, Ohio 45202.

COMMUNICATION, dated 2/28/2007 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 Transfer of Ownership Application, Permit # 2293379, Class D-5-6, Downtown Oasis, Inc., 11 East 7th Street, 1st Floor, Cincinnati, Ohio 45202.

ORDINANCE, submitted by the Clerk of Council, from Margaret A. Wuerstle, Chief Planner, Department of Community Development to rezone certain property located at 315-316 Warner Street, in the CUF neighborhood from the SF-2, Single-family District to the RMX, Residential Multi-family District, amending the Zoning Map. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 12/15/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 10, 2007 AT 12:00 P.M.)

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the financial disclosure statement for David C. Crowley, Councilmember.

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)

FYI MEMO, dated 02/20/2007, submitted by Councilmember Cole, from Milton Dohoney, Jr., responding to City Council Motion dated 9/7/2006 to close the Collins Avenue Steps to pedestrian traffic for a period five (5) years, personnel from the Department of Transportation and Engineering (DOTE) began working with members of the Key Crescent Neighborhood to close the stairway. This coordinated effort is important, as both public and private measures are needed to effectively close the steps. After several meetings, DOTE agreed to post closure signs while residents worked to develop a risk assessment and closure plan.

MOTION, dated 03/05/2007, submitted by Councilmember Cole that Council endorse the recommendation of the Cincinnati Planning Commission that the Collins Steps remain open.

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; notwithstanding the provisions of Cincinnati Municipal Code Sections 107-1 and 107-15.

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."

REPORT, dated 2/22/2007, submitted by Milton Dohoney, Jr., City Manager, regarding a request for additional information on Defined Community Boundaries and Universal By-laws for Cincinnati's Community Councils. (SEE DOCUMENT #200601001 FOR PREVIOUS REPORT)