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:

APPOINTMENT, submitted by Mayor Mark Mallory, recommending the appointment of Michelle Story-Stewart to serve as the Chair of the Community Reinvestment Act Oversight Committee. Ms. Story-Stewart is currently a member of the Commission but will fill the position of Chair, which was vacated when Mary Anne Berry resigned as Chair. Ms. Story-Stewart will serve out her term, which will end on May 1, 2008.

APPOINTMENT, dated 4/30/2007 submitted by Mayor Mark Mallory, pursuant to the authority granted by Article 13, Section 4 of the Charter of the City of Cincinnati, I hereby appoint David Nufrio to the Cincinnati Elections Commission with said term to expire on April 30, 2010. Mr. Nufrio will serve as a designated non-affiliated representative for the Commission and will fill the vacant seat of Alice Rogers Uhl whose term expired in November 2005.

APPOINTMENT, dated 4/30/2007 submitted by Mayor Mark Mallory, pursuant to the authority granted by Article 13, Section 4 of the Charter of the City of Cincinnati, I hereby appoint Bernice Walker to the Cincinnati Elections Commission with said term to expire on April 30, 2010. Ms. Walker will serve as the designated representative for the Democratic Party and will fill the vacant seat of Shirley Frazier Evans whose term expired May 2006.

APPOINTMENT, dated 5/1/2007 submitted by Mayor Mark Mallory, pursuant to the authority granted me by Ordinance No. 300-1002 and subject to consent of Council, I hereby recommend the appointment of Mr. David Ginsburg to the Cincinnati Arts Association. Mr. Ginsburg will serve a term of 3 years set to expire on May 1, 2010.

APPOINTMENT, dated 5/1/2007 submitted by Mayor Mark Mallory, pursuant to the authority granted me by Ordinance No. 300-1002 and subject to consent of Council, I hereby recommend the appointment of Ms. Marcelina Robledo to the Cincinnati Arts Association. Ms. Robledo will serve a term of 3 years set to expire on May 1, 2010.

APPOINTMENT, dated 5/1/2007 submitted by Mayor Mark Mallory, pursuant to the authority granted me by Ordinance No. 300-1002 and subject to consent of Council, I hereby recommend the appointment of Ms. Susie Lame to the Cincinnati Arts Association. Ms. Lame will serve a term of 3 years set to expire on May 1, 2010.

APPOINTMENT, dated 5/2/2007, submitted by Mayor Mark Mallory, pursuant to Amended Article II, Section 15 of the Administrative Code, I hereby recommend the appointment of Carol Sigman to the Operational Audit Committee. Ms. Sigman will complete the four-year term of Alton Knight's term, which began on July 1, 2006 and set to expire on June 30, 2008. Ms. Sigman is Director of Systems and Business Operations Audit with Health Alliance. She has over 15 years of internal auditing experience and has served as Audit Manager and Assistant Controller for Federal Home Loan Mortgage Corporation while residing in McLean, Virginia. She is a Certified Information Systems Auditor (CISA) and a licensed CPA with the State of Ohio.

REAPPOINTMENT, dated 5/1/2007 submitted by Mayor Mark Mallory, recommending the re-appointment of Mr. Darrick Dansby to the Cincinnati Arts Association. Mr. Dansby will serve his three-year term as an Association member. His term will expire on May 1, 2010.

ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, PROVIDING for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio, in the principal amount of $27,465,000 for the purpose of street improvements, and declaring an emergency; and REPEALING Ordinance No. 72-2007.

ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, PROVIDING for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $7,650,000, for the purpose of public building improvements, and declaring an emergency; and REPEALING Ordinance No. 73-2007.

ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, PROVIDING for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $5,440,000 for the purpose of making equipment improvements, and declaring an emergency; and REPEALING Ordinance No. 74-2007.

ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, CONSOLIDATING bond issues of the City of Cincinnati, Ohio for purposes of providing for the issuance, sale, and delivery of an amount not to exceed $52,000,000 of various purpose general obligation bonds, authorizing distribution of an official statement, and authorizing book-entry-only bond deivery in connection therewith.

ORDINANCE, (EMERGENCY) dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, AUTHORIZING the transfer and return to source of the sum of $1,400,000.00 from various capital improvement project accounts, and further authorizing the appropriation of the sum of $1,400,000.00 to various capital improvement project accounts as listed in the attached Schedule of Transfer, for the purpose of complying with City Council's directive to identify resources in existing capital improvement project accounts that are available for reprogramming to increase funding for arts facilities.

ORDINANCE, (EMERGENCY) dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, AUTHORIZING the transfer and appropriation of the sum of $2,400,000.00 from the Public Building Improvement Bond Fund to various capital improvement project accounts as listed in the attached Schedule of Transfer, for the purpose of complying with City Council's directive to identify resources in existing capital improvement project accounts that are available for reprogramming to increase funding for arts facilities

MOTION, dated 5/7/2007 submitted by Councilmember Berding that the Administration investigate the U.S. Communities Government Purchasing Alliance and report to Council on whether or not the City of Cincinnati could accrue significant savings from participating in the alliance.(STATEMENT ATTACHED)

RESOLUTION, dated 5/9/2007 submitted by Councilmember Cole, expressing City Council's support for the selection of the Bond Hill neighborhood as the site for the construction of a new consolidated facility for the National Institute of Occupational Safety and Health (NIOSH).

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing the sale of surplus City-owned real property located in Humbert Court between Corbin and St. Peter Streets, to Revolution Properties, LLC, which real property is no longer needed for any municipal purpose.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing the sale of a portion of Dover Street at McGregor Avenue, which real property is no longer needed for any municipal purpose.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing and directing the City Manager to establish terms and conditions for the presentation of "Second Sundays on Main" by the Over-the-Rhine Chamber of Commerce and Over-the-Rhine Revitalization Corporation on Main Street from Thirteenth Street to Liberty Street on May 13, 2007, June 10, 2007, July 8, 2007, August 12, 2007, and September 9, 2007, beginning at 12:00 noon and ending at 5:00 P.M.; authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of "Second Sundays on Main," 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 "Second Sundays on Main"; approving the use of the above-described area for the sale of beer subject to the issuance of 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 except by persons associated with and as authorized by the Over-the-Rhine Chamber of Commerce and Over-the-Rhine Revitalization Corporation in the area bounded by the east and west curb lines of Main Street from the north curb line of Thirteenth Street to the south curb line of Liberty Street for the period of time beginning at 11:30 A.M. through 5:30 P.M. on May 13, 2007, June 10, 2007, July 8, 2007, August 12, 2007, and September 9, 2007.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing the Cincinnati Police Department to accept a cash donation from the Police Memorial Committee in the amount of $8,000.00, which will be used by the Cincinnati Police Department to enhance the District One Security Camera Project.

ORDINANCE establishing Fund 354, "Household Sewage Treatment System Fees," within the Cincinnati Health Department for the purpose of receiving, holding and expending registration, permit and site fees paid to the Cincinnati Health Department.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing the City Manager to apply for and accept a grant of approximately $30,000.00 from the State of Ohio, Office of Criminal Justice Services' Bryne Memorial Grant Program, for the purpose of providing funding to the Youth Opportunities United, Inc. Delinquency Prevention, which intervenes with at-risk youth between the ages of eight and eighteen and provides academic tutoring, job skills training, workshops, seminars, and outings with mentors.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, amending Ordinance No. 119-2007 in order to provide an automatic 100% real property tax exemption, for the maximum number of years allowable by law, of the assessed property value of newly constructed or rehabilitated to Leadership in Energy and Environmental Design ("LEED") Certified, Silver, Gold or Platinum standards, as defined by the U.S. Green Building Council; and, repealing Ordinance No. 274-2006, passed by City Council on September 20, 2006.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing the City Manager to apply for and accept a 2007 grant award in the approximate amount of $59,128.00 from the State of Ohio, Office of Criminal Justice Services' Byrne Memorial Grant Program, for the purpose of providing funding to continue the operation of the Computer COP Head Start Connection in collaboration with The Mallory Center for Community Development.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, accepting and confirming quitclaim deeds from Adams Place Condominium Homeowners' Association and AP Parking Company, LLC, conveying to the City of Cincinnati a total of approximately 5368 square feet of real property located on Adams Crossing for the Mt. Adams Steps project.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing the sale to Susan Cogan and Stephen Kramrech of part of Messinger Avenue and Auditor's Parcel 247-6-295, which are no longer needed for municipal purposes.

REPORT, dated 5/9/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 2/5/2007, submitted by Councilmembers Berding, Cole and Ghiz that the Administration report to Council on the feasibility and potential efficiency of utilizing a pre-bid process whereby demolition bids would be solicited for multiple building demolitions by cost per square foot per construction type. (STATEMENT ATTACHED)

REPORT, dated 5/9/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 1/16/2007 submitted by Councilmember Berding, from Otto M. Budig, Jr., Chairman, Cincinnati Ballet, requesting an extension of the City's abatement.

REPORT, dated 5/9/2007, 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 Awakenings Coffee & Tea LLC DBA (None listed), 2734 Erie Avenue. (#0340266, Transfer of Ownership, D2, D3, D3A, D6) [Objections: None]

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

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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 5/4/2007)

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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 5/4/2007)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/4/2007, authorizing the City Manager to enter into an agreement of lease with The Kroger Co. for the Lunken Airport Lease Area 46.

COMMUNICATION, dated 5/4/2007 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, Number 0919970, Class C-1-2, BRA NU Enterprises, LLC, dba Pleasant Ridge Marathon, 5567 Montgomery Road, Cincinnati, Ohio 45212.

MOTION, dated 4/2/2007 submitted by Councilmembers Bortz, Ghiz and Berding that appropriate notice be sent to Bench Billboard Co. on the 722 advertising benches previously authorized under Ordinance 187-1996, informing the company that the benches are no longer authorized and must be removed immediately. WE FURTHER MOVE that appropriate notice be given to revoke the permits of the remaining advertizing benches currently authorized under CMC Section 723-20.

MOTION, dated 4-10-07 submitted by Councilmember Chris Bortz I MOVE that the administration work with stakeholders to develop solutions to enhance the distribution of printed publications through news racks.

REPORT, dated 5/8/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 4/2/2007 submitted by Councilmembers Bortz, Ghiz and Berding that appropriate notice be sent to Bench Billboard Co. on the 722 advertising benches previously authorized under Ordinance 187-1996, informing the company that the benches are no longer authorized and must be removed immediately. WE FURTHER MOVE that appropriate notice be given to revoke the permits of the remaining advertising benches currently authorized under CMC Section 723-20.

REPORT, dated 5/8/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 4-10-07 submitted by Councilmember Chris Bortz I MOVE that the administration work with stakeholders to develop solutions to enhance the distribution of printed publications through news racks.

MOTION, dated 04/25/2007, submitted by Councilmembers Bortz, Crowley, Cole, Berding, Monzel, and Vice-Mayor Tarbell, that $50,000 be allocated for a professional services contract with the Regional Planning Commission for the Government Cooperation and Efficiency Project ("GCEP") from Source Fund 424 - Communications Fees of which excess revenues exists as a result of another professional service contract that was cancelled. (STATEMENT ATTACHED)

MOTION, 4/30/2007 submitted by Councilmembers Berding, Ghiz and Crowley that the Administration provide Council with an alternative to eliminating one Inspector 1 position from the Department of Building and Inspections Existing Building Inspection Division. (STATEMENT ATTACHED)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/25/2007, determining to proceed for three years beginning August 1, 2006 with special street lighting assessments on the following streets, or portions thereof: Arcadia Place, Auburn Avenue, Backstage Area, Beechmont Avenue, Burnet Avenue, Central Avenue, Chestnut Street, Clark Street, Colerain Avenue, Columbia Parkway, Elizabeth Street, Erie Avenue, Fourteenth Street, Gilbert Avenue, Hamilton Avenue, Hopkins Street, John Street, Kellogg Avenue, Kiplingwood Drive, Hearthstead Drive, Timbercroft Court, Ludlow Avenue, Madison Road, Main Street, McMillian Street, Melindy Street. Montgomery Road, Orchard Street, Pendleton Street, Springhouse Lane, St. Gregory Street, Pavillion Street, Hatch Street, Thirteenth Street, Twelfth Street, Venetian Terrace, Vine Street, Warsaw Avenue, Willowcove Drive, Intern Court, Woodburn Avenue and Woodward Street.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 4/25/2007, authorizing the City Manager to execute a Release of Mortgage whereby the City of Cincinnati will forgive a loan in the amount of $15,000 and release the mortgage given by Ronald and Emma Sue Long (the Mortgagors) on property located at 812 and 814 Poplar Street.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 4/25/2007, authorizing the transfer and return to source Public Buildings Improvement Bond Fund 861 of the sum of $350,000 from capital improvement project account no. 980x255x03323 (City Facility Renovations '07), and further AUTHORIZING the transfer and appropriation of $350,000 from the unappropriated surplus of Fund 861 to capital improvement project account no. 980x255x03107 (Fire Burn Building) for the purpose of providing resources to construct a new Burn Building for the Cincinnati Fire Department.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, authorizing the City Manager to enter into an agreement with the Board of County Commissioners of Hamilton County, Ohio on behalf of its Hamilton County Engineers, with respect to reimbursing the City for costs to rehabilitate portions of Muddy Creek Road, located outside of the City.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, authorizing the City Manager to execute any necessary and appropriate documents to extend a conditional loan, in the amount of Three Hundred Thousand and 00/100 Dollars ($300,000.00) to Price Hill Will, an Ohio non-profit corporation, to assist in providing financing for the acquisition and rehabilitation of up to four (4) residential real properties into owner-occupied housing within the Cedar Grove area of the Price Hill community in Cincinnati, Ohio.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, authorizing the City Manager to apply for and accept a Marine Patrol grant in the amount of $5,536.00 from the Ohio Department of Natural Resources, Division of Watercraft, for the purpose of conducting marine patrols to lower the number of boating accidents and fatalities, and to enhance the recreational opportunities for boaters.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, approving and authorizing execution of a "Property Investment Reimbursement Agreement" with Humana Insurance Company (the "Employer") in which the Employer agrees to lease a newly constructed facility which will serve as a regional market sales office and regional call center at Humana Center, 300 Baldwin Building, 2090 Florence Avenue, Cincinnati, and to create and retain new jobs, and the City agrees to provide funding for the project of up to $802,948 over a 5 year period with annual payments limited to up to 75 percent of new income tax revenues from new job created by the Employer.

ORDINANCE, dated 05/07/2007, submitted by Councilmember Cranley, from J. Rita McNeil, City Solicitor, AUTHORIZING the transfer and appropriation of the sum of $480,000 from the Reserve for Contingencies account no. 050x990x7200 to the Department of Public Services, Traffic and Road Operations Division, operating account 050x252x7300, for the purpose of reimbursing the Highway Maintenance Stores Fund 210 for road salt expenditures for 2007 slippery street operations, and further AUTHORIZING the transfer and appropriation of the sum of $20,000 from the Reserve for Contingencies account no. 050x990x7200 to the Parks Department, Division of Park Operations and Land Management, operating account no 050x202x7200, for the purpose of reimbursing the Parks Department for a one-time cleanup of Wesleyan Cemetery.

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, urging the Ohio Housing Finance Agency to approve Over-the-Rhine Community Housing's application for Low Income Housing Tax Credits to preserve and renovate sixteen (16) buildings in the historic district of the Over-the-Rhine neighborhood of the City of Cincinnati, in order to provide upgraded, affordable housing for low-income individuals ("North Rhine Project").

RESOLUTION, dated 5/2/2007 submitted by Councilmember Cranley, declaring the official intent of Council with respect to reimbursement of temporary advancements for capital expenditures for construction, acquisition and installation of a parking garage to be located on Eden Park Drive to be made from subsequent borrowings in a maximum principal amount not to exceed $19,950,000.00.

ORDINANCE (EMERGENCY), submitted by Milton Dohoney, Jr., City Manager, on 4/25/2007, accepting with gratitude the generous gift of a Philips HeartStart FRx Defibrillator (AED) from Philips Medical Systems, Inc., 6155 Huntley Road, Suite H, Columbus, Ohio 43229, for use for by the Cincinnati Police Department at the Cincinnati Police Academy.

ORDINANCE, submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, repealing Cincinnati Municipal Code provisions Chapter 753, Prostitution - Exclusion Zones, Chapter 755, Drugs - Exclusion Zones, and Chapter 757, City Park - Exclusion Zones, due to court rulings by the Ohio Supreme Court and the Sixth Circuit Court of Appeals declaring such exclusion zones unconstitutional.

ORDINANCE (EMERGENCY), submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, authorizing the City Manager to enter into an agreement to transfer ownership of fifteen Pelco Spectrum III cameras, currently owned by the City of Cincinnati and previously used in the CityWatcher.com project, to the Walnut Hills Area Council.

REPORT, dated 5/2/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Memorandum of Agreement (MOA) compliance. (SEE DOCUMENT #200700438 FOR ADOPTED MOTION)

RESOLUTION, dated 04/25/2007, submitted by Councilmember Thomas, expressing City Council's support for the attached Statement of Unity.