Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cole, Cranley, 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 4/11/2007 submitted by Mayor Mallory, Councilmembers Thomas, Cole, Crowley, Berding, Cranley, Monzel, Ghiz, Bortz and Vice Mayor Tarbell that while the 2002 Memorandum of Agreement with the Department of Justice is set to expire, the City of Cincinnati expresses its intent to maintain full compliance on the seventy-six operating provisions of the agreement that were determined to be in full compliance as of the fifteenth report of the federal monitor. WE FURTHER MOVE that full compliance be achieved with regard to the remaining six operating provisions which were found to be in partial compliance as of the fifteenth report of the federal monitor. WE FURTHER MOVE that all operating provisions under the Memorandum of Agreement be at full compliance no later than December 15, 2007. WE FURTHER MOVE that the City Manager submit a report to the Mayor and Council regarding the compliance status of all operating provisions, including but not limited to those determined to be in partial compliance, no later than November 15, 2007. (STATEMENT ATTACHED)

RESOLUTION, dated 4/9/2007 submitted by Vice Mayor Tarbell, RECOGNIZING the lifetime contributions of David Washington, who passed away recently and expressing City Council's condolences to his family and to the community.

RESOLUTION, dated 4/9/2007 submitted by Vice Mayor Tarbell, RECOGNIZING the lifetime contributions of Paul F. Umberg, a City employee, engineer and lawyer, who passed away recently, and expressing City Council's condolences to his family and to the community.

ORDINANCE, (EMERGENCY) submitted by Councilmember Cole, amending Cincinnati Municipal Code Section 510-3, Special Parades Requiring Permits, to provide for procedural enhancements for issuing parade permits.

MOTION, dated 4/9/2007 submitted by Councilmembers Cole, Berding, Bortz, Cranley, Crowley, Ghiz, Monzel, Thomas and Vice Mayor Tarbell, that the City Administration review the City's current parade permit ordinances, rules and regulations to proscribe categories of expression that are not protected by the First Amendment, such as obscenity, defamation, "fighting words," and other threatening and intimidating expression, and "clear and present danger" expression. WE FURTHER MOVE that when such applications are requested that Council be notified. WE FURTHER MOVE that the cost of all additional police protection or city services be assessed to the permit applicant for those services, and that half of the payment be made within five working days of the issuance of the permit, or five working days prior to the event, whichever comes first; unless that fee is waived by the City Manager. WE FURTHER MOVE that the City's permit ordinances, rules and regulations be modified to clearly control and limit the "adverse secondary effects" associated with some categories of expression that are protected by the First Amendment, including, but not limited to, indecent expression. (STATEMENT ATTACHED)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/11/2007, authorizing the members of the Cincinnati Police Department to solicit and accept donations of money, in-kind contributions, and other things of value, for use in providing hospitality and entertainment for the attendees of the 2007 Ohio Association of Chiefs of Police ("OACP") Annual Conference, to be held in Cincinnati from July 31, 2007 through August 2, 2007.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/11/2007, approving and authorizing the City Manager to execute the Second Amendment to Lease Agreement (the "Agreement") between the City of Cincinnati (hereinafter called "City") and Piatt Park Associates Limited Partnership (hereinafter called "Redeveloper") for restructuring lease payments.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/11/2007, authorizing the granting of an easement for a sectionalizer and pole and related facilities to Duke Energy Ohio, Inc., on City of Cincinnati-owned real property located on Oregon Street, which grant is not adverse to the interest in the real property retained by the City of Cincinnati.

REPORT, dated 4/11/2007, 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 Glenmore Properties, LLC DBA (None listed), 3095 Glenmore Avenue 1st Floor. (#3218739, Transfer of Stock, D1, D2, D3, D3A, D6) [Objections: None]

REPORT, dated 4/11/2007, 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 Xtremely Xclusive, LLC DBA (None listed), 2701 Vine Street. (#8904480, New, D3A) [Objections: None]

REPORT, dated 4/11/2007, 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 Hotrodcook LLC DBA (None listed), 1133 Sycamore Street. (#3994757, Transfer of Location, D5, D6) [Objections: None]

REPORT, dated 4/11/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the requests for increased street lighting on Rose Hill Avenue and other street. (SEE DOCUMENT #200600845 FOR ADOPTED MOTION)

REPORT, dated 4/11/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Ohio River Trail, Lunken airport to downtown. (SEE DOCUMENT #200601020 FOR ADOPTED MOTION)

ORDINANCE, (EMERGENCY) submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning TO REZONE certain property located at 1216 E. McMillan Street, in the East Walnut Hills neighborhood from the OG, Office General District, to the CC-M, Commercial-Community Mixed District, amending the Zone Map; and further repealing Ordinance No. 375-2006. (APPROVED BY THE CITY PLANNING COMMISSION ON 11/3/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 24, 2007 AT 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE property formerly known as the Conrail Site located at 2900-3400 River Road in the Riverside and Sedamsville neighborhoods from SF-2.0, Single Family District, ML, Manufacturing Light District and MG, Manufacturing General District, to PD No. 48, Planned Development District. (THIS ITEM WAS DISAPPROVED BY THE CITY PLANNING COMMISSION ON 3/16/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 24, 2007 AT 12:00 P.M.)

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 WAS 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 WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, APRIL 10, 2007 AT 12:00 P.M.)

COMMUNICATION, dated 4/5/2007 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 #8011020, Class C-1-2, S & H Retail Sales Corp. dba S & H Market, 3344 Glenmore Avenue, Cincinnati, OHio 45211.

REPORT, from the Treasury Division, Department of Finance-Bond Retirement Fund for the year 2006.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Melissa Autry, Clerk of Council.

ORDINANCE, dated 03/16/2007, submitted by Vice-Mayor Tarbell, from J. Rita McNeil, City Solicitor, notwithstanding the provisions of Chapter 1425, Parking and Loading Regulations, of the Cincinnati Zoning Code authorizing the Director of Buildings and Inspections to require no additional parking for the renovation of the "Old Clifton School" at 3711 Clifton Avenue and the former McDonald Mansion Carriage House located at 3645 Clifton Avenue (collectively the "Property") in the Clifton neighborhood.

ORDINANCE, dated 03/16/2007, submitted by Vice-Mayor Tarbell, from J. Rita McNeil, notwithstanding the provisions of Section 1403-05, Land Use Regulations -- Single-family Districts, of the Cincinnati Zoning Code authorizing the Director of Buildings and Inspections to: a)issue building permits for the renovation of the "Old Clifton School" at 3711 Clifton Avenue and the former McDonald Mansion Carriage House at 3645 Clifton Avenue (collectively the "Property") in the Clifton neighborhood, and b) issue a certificate of occupancy for the use of the Property for a Cultural Institution, which certificate of occupancy will expire upon the transfer of the Property or if the use of the Property as a cultural institution is abandoned.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the City Manager to execute the First Amendment to Agreement for the Grant of City Funds and for the Sale of Land for Public and Private Redevelopment with 353 West Fourth LLC.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the City Manager to execute a loan agreement with 353 West Fourth Street LLC in the amount of $450,000.00 in order to assist in the creation of condominium housing units at the southeast corner of Central Avenue and Fourth Street.

ORDINANCE, (EMERGENCY) submitted by Vice Mayor Tarbell, DIRECTING the City Manager to enter into a funding agreement with Otis W. Taylor or Kaufman Building LLC, for the purpose of providing a forgivable loan in the amount of $450,000.00 to finance the stabilization of the Kaufman Building, located at 1721-27 Vine Street in the Over-The-Rhine neighborhood, by installing new sub-flooring and stairs throughout the structure and restoring the cosmetics and cornices to the building's original design at a cost not to exceed $450,000.00; and REPEALING Ordinance No. 306-2006, passed by City Council on October 25, 2006.

REPORT, dated 4/11/2007, submitted by Milton Dohoney, Jr., City Manager, on a 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.

REPORT, dated 4/10/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 03/13/2007, submitted by Councilmember Cole, that the administration develop a policy that will reduce the number of applications for notwithstanding ordinances related to the zoning code; and that this policy should include that a request for a notwithstanding ordinance be used only as a last resort, as opposed to a first option. Notwithstanding ordinances should not be considered unless all other avenues have been exhausted. (STATEMENT ATTACHED)

RESOLUTION, dated March 23, 2007, submitted by Councilmember Chris Bortz, from J. Rita McNeil, City Solicitor, Subject: Resolution - Support for the Expansion of the Klau Library at the Hebrew Union College-Jewish Institute of Religion EXPRESSING THE SUPPORT of the Council of the City of Cincinnati for the issuance by the Colorado Educational and Cultural Facilities Authority (the "Authority") of its tax-exempt Variable Rate Demand Revenue Bonds (National Jewish Federation Bond Program) Series C-4, in an aggregate principal amount not to exceed $15,000,000 (the "bonds"), for financing renovations to and expansion of the Klau Library of the Hebrew Union College-Jewish Institute of Religion in the Clifton neighborhood of Cincinnati, Ohio.(PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY APRIL 10, 2007 AT 12:00 P.M.)

MOTION, dated 3/21/2007 submitted by Councilmembers Cranley, Thomas, Crowley, Berding, Monzel, Cole, Ghiz and Vice Mayor Tarbell that the City of Cincinnati partner with the efforts of Bootsy Collins and Jeff Ruby to establish a new restaurant, live music venue, Cincinnati music museum and destination spot to bring people together in downtown Cincinnati; WE FURTHER MOVE that the Administration collaborate with the Bootsy Ruby architects and designers to fully realize the excitement of their vision, which includes an extended outdoor balcony, glass elevator, and museum exhibit across the street from the Aronoff Center in the Backstage Entertainment District. (MR. BORTZ IS EXCUSED FROM VOTING ON THIS ITEM)

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 submitted by Milton Dohoney, Jr., City Manager, on 3/28/2007, authorizing the City Manager to apply for and accept a grant in the amount of $50,000.00 from the State of Ohio Department of Public Safety, Division of Emergency Medical Services ("EMS"), for the purpose of providing funding to the Cincinnati Fire Department in order to improve and enhance EMS operations, and purchase EMS Board-approved training and equipment.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the City Manager to enter into an agreement on behalf of the Greater Cincinnati Water Works (GCWW) with the American Water Works Research Foundation (AwwaRF), for the purpose of co-funding a collaborative research project known as "AwwaRF-KIWA Project #4040, Control of Trace Organics by Ultraviolet - Hydrogen Peroxide Oxidation."

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the City Manager to approve and execute a Tentative Agreement on wages between the City of Cincinnati and the Cincinnati Organized and Dedicated Employees ("CODE"), the costs of which are included in the City's 2007 approved budget.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, providing for the issurance, sale and delivery of not to exceed $2,500,000 of Economic Development bonds (East Walnut Hills Streetscape Project) or notes in anticipation thereof, of the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of financing certain improvements; authorizing a pledge of the City's faith and credit or a pledge of and lien on certain revenues and other city resources, as appropriate, to secure such bonds or notes; and authorizing necessary documents to secure such bonds or notes.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, providing for the issurance, sale and delivery of not to exceed $2,000,000 of Economic Development bonds (Riverside Drive) or notes in anticipation thereof, of the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of financing certain improvements; authorizing a pledge of the City's faith and credit or a pledge of and lien on certain revenues and other city resources, as appropriate, to secure such bonds or notes; and authorizing necessary documents to secure such bonds or notes. (MR. BORTZ IS EXCUSED FROM VOTING ON THIS ITEM)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, providing for the issuance, sale and delivery of not to exceed $35,000,000 of water system refunding revenue bonds, series 2007C, of the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of refunding outstanding bonds; authorizing a pledge of and lien on water system revenues to secure such bonds and obligations issued on a parity therewith; authorizing a seventh supplemental trust agreement; authorizing necessary documents to secure such bonds; and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, providing for the issuance, sale and delivery of not to exceed $100,000,000 of water system revenue bonds, series 2007B, of the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of financing certain improvements; authorizing a pledge of and lien on water system revenues to secure such bonds and obligations issued on a parity therewith; authorizing a sixth supplemental trust agreement; authorizing necessary documents to secure such bonds; and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/09/2007, authorizing the transfer and appropriation of the sum of $20,000 from the unappropriated surplus of the Stormwater Management Fund 107 to its contract services operating account no. 107x410x7200, for the purpose of providing funding for the preservation of four (4) acres of greenspace and wetlands in Mount Washington, as part of the Mount Washington Wetlands Preservation Trust project.

RESOLUTION, dated 3/19/2007 submitted by Councilmember Monzel, EXPRESSING City Council's support for the Clean Ohio Conservation Fund (COCF) grant program to benefit environmental improvements to Caldwell Recreation Park.

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. (APPROVED BY CITY PLANNING COMMISSION ON 4/6/2007)

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." (APPROVED BY CITY PLANNING COMMISSION ON 4/6/2007)

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. (APPROVED BY CITY PLANNING COMMISSION ON 4/6/2007)

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. (APPROVED BY CITY PLANNING COMMISSION ON 4/6/2007)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing and directing the City Manager to establish terms and conditions for the presentation of "A Taste of Cincinnati" celebration by the Cincinnati USA Regional Chamber of Commerce and the Greater Cincinnati Restaurant Association on Fountain Square, Government Square, Fifth Street from Elm Street to Broadway, Race Street from Fourth Street to Sixth Street, Vine Street from Fourth Street to Sixth Street, Walnut Street from Fourth Street to Sixth Street, Main Street from Fourth Street to Sixth Street, and Sycamore Street from Fourth Street to Sixth Street beginning at 6:00 P.M. on Friday, May 25, 2007, and ending at 6:00 A.M on Tuesday, May 29, 2007; authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of "A Taste of Cincinnati," notwithstanding the provisions of Chapter 713, Chapter 723 Sections 1 and 11, Chapter 839, Chapter 845, Section 506-91, Chapter 321 and other purchasing related ordinances and any other provisions of the Cincinnati Municipal Code which would prohibit programs deemed proper by the City Manager in the presentation of "A Taste of Cincinnati;" approving the use of the above described area for the sale and consumption of beer and wine subject to the issuance of the proper licenses by the State of Ohio and procurement of liquor liability insurance; prohibiting the solicitation of monies; prohibiting the sale of wares by peddlers and itinerant vendors, and the distribution of commercial handbills, coupons, product samples, except by persons associated with and as authorized by the Cincinnati USA Regional Chamber of Commerce and the Greater Cincinnati Restaurant Association in the area bounded by the north curb line of Fourth Street from Elm Street to Broadway, the south curb line of Sixth Street from Elm Street to Broadway, the east curb line of Broadway from Fourth Street to Sixth Street, and the east curb line of Elm Street from Fourth Street to Sixth Street for the period of time beginning at 11:00 A.M., May 26, 2007, through 10:00 P.M., May 28, 2007.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the Cincinnati Police Department to accept a cash donation from the Toyota Corporation in a maximum amount of $5,000.00 for the purpose of providing funds to purchase a police canine and necessary equipment.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the Cincinnati Police Department to accept a cash donation from Pet Panache in a maximum amount of $4,500.00 for the purpose of providing funds to purchase a police canine and necessary equipment.

REPORT, dated 3/28/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, submitted by Councilmember Thomas on 1/26/2007, that the City Administration explore the feasibility of Posting Signage informing those who are under court imposed community control for drug crimes or serious crime of violence, of the potential consequences of their actions. The signage location must be in an area identified by law enforcement as a known area for drug activity and crimes of violence. (See attached sample signage.)

REPORT, dated 4/4/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 2/23/07, submitted by Councilmember Thomas, that the City Administration explore the feasibility of providing body armor for the Citizens on Patrol.

REPORT, dated 3/28/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 1/18/2007, submitted by Councilmembers Thomas and Crowley that the City Administration prepare an ordinance that brings the City of Cincinnati back into compliance with Section 2933.43 of the Ohio Revised Code (ORC). (SEE DOCUMENT #200700080 FOR ADOPTED MOTION)