Council convened in Council Chamber at 2:00 p.m., Vice Mayor Tarbell 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:

COMMUNICATION, dated 2/23/2007, submitted by Councilmember Cole, from Grace White, 2268 Baltimore Avenue, Cincinnati, Ohio 45225, regarding no water service.

RESOLUTION, submitted by Councilmember Cole, CELEBRATING THE LIFE of Mrs. Taryn M. Washington, who passed away recently, and expressing City Council's condolences to her family and to the community.

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 (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, authorizing the Administration to do all things necessary to cooperate with the Director of the Ohio Department of Transportation ("ODOT") to complete planing the existing asphalt wearing course as necessary, performing partial and full depth pavement repairs, placing an intermediate asphalt course, repairing deteriorated curbs along inlets and manholes, adjusting manhole, valve chamber and inlet castings to grade and resetting valve boxes, resurfacing the entire pavement with asphaltic concrete, and performing the necessary pavement marking work lying within the City of Cincinnati for Glenway Avenue (SR 264) from Shirley Place to Warsaw Avenue; Central Parkway (US 27) from West 12th Street to Liberty Street; and Gilbert Avenue (US 22/SR 3) from Court Street to Elsinore Place; Urban Paving Program project (HAM-264-10.49).

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, authorizing the sale of surplus city-owned real property located at 340 Baum Street to Aspen Properties - Building K, LLC, which real property is no longer needed for any municipal purpose.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, authorizing the Administration to do all things necessary to cooperate with the Director of the Ohio Department of Transportation (ODOT) to complete planing the existing asphalt wearing course as necessary, performing partial and full depth pavement repairs, placing an intermediate asphalt course, repairing deteriorated curbs along with inlets and manholes, adjusting manhole, valve chamber and inlet castings to grade and resetting valve boxes, resurfacing the entire pavement with asphaltic concrete, and performing the necessary pavement marking work within the City of Cincinnati for Montgomery Road (US 22) from Brewster Avenue to the Corporation Line with the City of Norwood, Montgomery Road (US 22) from Cypress Way to Coleridge Avenue, and Reading Road (US 42) from Paddock Road to the Norwood Lateral Expressway Urban Paving Program project (HAM-22-4.56).

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, accepting and confirming the dedication of a permanent easement to public use for construction, operation maintenance, repair and replacement of a storm sewer and appurtenances in accordance with a plat entitled "Sanitary Sewer Easement Dedication - Keystone," Accession No. 60291.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, to accept and confirm the dedication of permanents to public use of construction, operation and maintenance of storm sewers and appurtenances in accordance with a plat entitled "SMU Easement Plat, Stratford Heights Development, Stratford Avenue."

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, approving and authorizing the City Manager to execute the Fifth Amendment to Funding Agreement for Loan of CDBG Funds for Construction of Rental Property (the "Agreement") between the City of Cincinnati (hereinafter called "City") and Piatt Park Community Urban Redevelopment Corporation (hereinafter called "Redeveloper") for refinancing Garfield Place Housing Site 4.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, authorizing the transfer and return to source Fund 873 (Public Building Improvement) of the sum of $482,500 from capital improvement account no. 980x133x02749 (State Infrastructure Bank Loan Debt Service - General Obligation Debt), authorizing the transfer and appropriation of the sum of $482,500 from the unappropriated surplus of Fund 873 (Public Building Improvement) to capital improvement account no. 980x233x02201 (Fort Washington Way Improvements), for the purpose of paying outside counsel legal fees, authorizing the transfer and return to source Fund 870 (Street Improvement) of the sum of $700,629.63 from capital improvement account no. 980x133x02750 (State Infrastructure Bank Loan Debt Service - Loan Repayment), and further authorizing the transfer and appropriation of the sum of $700,629.63 from the unappropriated surplus of Fund 870 (Street Improvement) to capital improvement account no. 980x233x02201 (Fort Washington Way Improvements), for the purpose of paying outside counsel legal fees.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, AUTHORIZING the grant of a Grading, Utility and Access Easement to 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; determining that the proposed Grading, Utility and Access 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, on 3/14/2007, authorizing the grant of a Landscaping and Utility Easement to 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; determining that the proposed Landscaping and Utility 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 submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, authorizing the City Manager to enter into and execute an agreement with the Greater Cincinnati Convention & Visitors Bureau to provide marketing services to attract long-term trade shows, conventions and meetings to the Duke Energy Convention Center.

REPORT, dated 3/14/2007, 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 Boi Na Braza Cincinnati LLC DBA (None listed), 441 Vine Street, Suite E A. (#0801964, Transfer Exempt, D1, D2) [Objections: None]

REPORT, dated 3/14/2007, 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 Boi Na Braza Cincinnati LLC DBA (None listed), 441 Vine Street, Suite E A. (#0801964, New, D3) [Objections: None]

REPORT, dated 3/14/2007, 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 & J Restaurant, 3089 Madison Road. (#2848564, New, D3A) [Objections: None]

REPORT, dated 3/14/2007, 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 Bra Nu Enterprise, LLC DBA Pleasant Ridge Marathon, 5567 Montgomery Road. (#0919970, New, C1, C2) [Objections: Cincinnati Police Department and the Pleasant Ridge Community Council]

REPORT, dated 3/14/2007, 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 Cathy Fletcher DBA Double O Seven Garage, 4007 Hamilton Av. (#2777751, New, D5) [Objections: None]

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, declaring the necessity of assessing for the control of blight and disease of shade trees within the public rights-of-way, and for planting, maintaining, trimming and removing shade trees in and along the streets of the City of Cincinnati's Urban Forestry Maintenance District for the year 2008.

ORDINANCE, submitted by Margaret Wuerstle, City Planner, Department of Community Development and Planning, TO REZONE certain property located at 2586 Lafeuille Avenue, in the Westwood neighborhood, from the RM 1.2, Residential Multi-family District, to the CC-M Commercial Community-Mixed District, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/16/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 10, 2007 AT 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, To REZONE certain property at the northeast corner of Hamilton Avenue and Blue Rock Street in the Northside neighborhood from MG, Manufacturing General District, to PD No. 47, Planned Development District. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 12/15/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 10, 2007 AT 12:00 P.M.)

ORDINANCE, (EMERGENCY) submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, APPROVING and adopting revisions of the Lower Price Hill Industrial Area Urban Renewal Plan set out in the Final Lower Price Hill Industrial Area Amendment dated February 2007. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 3/2/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, MARCH 27, 2007 AT 12:00 P.M.)

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, notwithstanding the provisions of Chapter 331 of the Cincinnati Municipal Code. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 3/2/2007)

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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 3/2/2007)

COMMUNICATION, dated 3/5/2007 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 #8011020, Class C-1-2, S & H Retail Sales Corp., dba S & H Market, 3344 Glenmore Avenue, Cincinnati, Ohio 45211. Hearing will be held on April 9, 2007 at 10:00 a.m. in Room B.

COMMUNICATION, dated 3/5/2007, 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 regard New Permit Application, Permit #7528323-0005, Class C-1, Roselawn Express, Inc., 3515 Burnet Avenue, Cincinnati, Ohio 45229. Hearing will be held on April 9, 2007 at 11:00 a.m. in Room B.

COMMUNICATION, dated 3/5/2007, 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 2006-2007 Renewal Application, Permit #2655503-0025, Class D-5-6, Fatcats, Inc. dba Phoenix Cafe, 641 Walnut Street, 1st & 2nd Floors and Basement, Cincinnati, Ohio 45202. Hearing will be held on April 9, 2007 at 1:30 p.m. in Room B.

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 (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 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, 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).

ORDINANCE (EMERGENCY), dated 3/14/2007, from Milton Dohoney, Jr., City Manager, Authorizing the transfer of the sum of $249,700 from the Operating Budget Account 050x261x7200 within the Health Department to the existing Account 050x161x7200 within the Department of Community Development, in order to ensure the timely disbursement of funds to the Center for Closing the Health Gap.

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.

MOTION, dated 3/13/07, submitted by Councilmember Thomas, that the City Manager negotiate a contract between the University of Cincinnati and the City of Cincinnati regarding the Cincinnati Initiative to Reduce Youth Violence (CIRV) *for Council approval by target date of April 2, 2007. (STATEMENT ATTACHED) *(AMENDED ON FLOOR OF COUNCIL)

ORDINANCE, submitted by Milton Dohoney, Jr., City Manager, on 2/22/2007, modifying the provisions of Chapter 414, Valet Parking, of the Cincinnati Municipal Code, by amending Section 414-7, Valet Parking Board, 414-11, Minimum Requirements of a Valet Parking Business, 414-13, Revocation or Modification of Franchise, and enacting new Section 414-25, Appeals.

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 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 (EMERGENCY), submitted by Councilmember Berding on 3/13/07, authorizing and directing the City Manager to establish terms and conditions for the presentation of the fifth annual "Opening Day Rally on the Square," a Cincinnati Reds opening day celebration to be held on Fountain Square on April 2, 12007.

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.