Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cole, Cranley, Crowley, Ghiz, Monzel, Qualls and Thomas (9)

Also in attendance were City Manager Milton Dohoney, Jr., Acting City Solicitor Pat King 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:

ORDINANCE, submitted by Mayor Mark Mallory, AUTHORIZING the City Manager to accept a donation from Macy's Inc., of approximately $75,000.00 for the purpose of securing the professional services of LPK, a locally based design firm, to lead a process to maximize customer service through an enhanced identify system, and further establishing Fund 389, "Communications and Marketing Activities," for the purpose of accepting grants or donations in order to further communications for the City of Cincinnati.

RESOLUTION, submitted by Mayor Mark Mallory, EXPRESSING City Council's support for a second 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 2007.

RESOLUTION, submitted by Mayor Mark Mallory EXPRESSING the intention of the Mayor and City Council to create a City/County working group in cooperation with County representatives, to resolve outstanding issues related to the implementation of 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; and that this group shall report back to the Mayor, City Council, and County Commission within sixty (60) days in order to enhance regional cooperation.

ORDINANCE, (EMERGENCY) submitted by Councilmember Berding, AUTHORIZING and directing the City Manager to establish terms and conditions for the presentation of the sixth annual "Opening Day Rally on the Square," a Cincinnati Reds opening day celebration to be held on Fountain Square on March 31, 2008.

MOTION, dated 2/15/2008 submitted by Councilmembers Berding, Cranley, Ghiz, Cole, Qualls and Bortz, WE RESPECTFULLY REQUEST that the Ohio General Assembly approve a constitutional amendment for placement on the 2008 General Election ballot that would permit full casino gaming in any Ohio county that borders a State that approves any form of casino gaming on or after the effective date of this amendment. The proposed amendment shall trigger the creation of the Ohio Gaming Commission, who shall be authorized to issue no more than two casino gaming licenses in any such County, one of which shall be located in the county seat of government and the second shall be located outside the county seat of government, provided that the voters of that County approve casino gaming at a primary or general election.

COMMUNICATION, dated 2/23/2008 submitted by Councilmember Bortz, from Marian Ruman [mariantr@fuse.net], 1638 Edna Avenue, Cincinnati, Ohio 45223 regarding Phase 2 Rockford Place Development.

COMMUNICATION, dated 2/15/2008 submitted by Councilmember Ghiz from Dakota Manning -(soldierforthealmighty@yahoo.com) regarding the accidents on West Martin Luther King Drive.

RESOLUTION, submitted by Councilmembers Monzel and Berding, EXPRESSING City Council's support for the funding of bike trails in the City of Cincinnati and for the funding being appropriated in the state budget for the Ohio River Bike Trail.

COMMUNICATION, dated 2/6/2008 submitted by Councilmember Qualls, from LiAnne Howard, 1846 Brewster Avenue, Cincinnati, Ohio 45207, regarding an episode of the "The First 48 Hours" which aired last week on the "Peace Bowl" murder in Avondale.

MOTION, dated 2/21/2008 submitted by Councilmembers Qualls, Cranley, Monzel, Thomas, Cole and Vice Mayor Crowley that the City of Cincinnati will construct the first phase of a streetcar system that would connect downtown Cincinnati to Uptown, an area that includes the University of Cincinnati, the hospital complex, Clifton and Mt. Auburn. The city administration will proceed to plan for a larger streetcar system that serves the neighborhoods of the City of Cincinnati. Such a system will be integrated into an expanded bus system as outlined in the SORTA Metro Moves plan and be consistent with any plans for future Light Rail Transit (LRT). Prior to final approval of the Phase I plan and undertaking any construction for Phase I, the city administration will complete the followng analysis and upon completion of each study, the administration will present its findings to the Mayor and the City Council for approval. (STATEMENT ATTACHED)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/21/2008, amending Section 401-76, Service Charges, Section 401-77, Water Commodity Charges, and Section 401-78, Charges for Fire Protection Services, of the Cincinnati Municipal Code for the purpose of revising the rates for water service in the unincorporated areas of Hamilton County furnished by the Greater Cincinnati Water Works.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/21/2008, establishing the employment classifications of Senior Crime Analyst and Crime Analyst in the Cincinnati Police Department and fixing the compensation schedules therefore, by ordaining supplementary Sections 372 and 373, Division OC, Chapter 307 of the Cincinnati Municipal Code.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/21/2008, establishing the employment classification of Therapeutic Recreation Program Coordinator in the Recreation Department and fixing the compensation schedule therefore, by ordaining supplementary Section 269, Division OC, Chapter 307 of the Cincinnati Municipal Code.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/21/2008, authorizing the sale of Broughton Street and a portion of Butterfield Alley, which real property is no longer needed for any municipal purpose.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/27/2008, authorizing the appropriation and transfer of $160,000 from the unappropropriated surplus of Cable Communications Fund 424 to operating account 424x101x7200 for the purpose of providing funds for legal expenses incurred in 2007, and anticipated in 2008, related to the 2005 Cable Franchise Fee Audit of Time Warner Cable (Doc. #200600578) conducted by the City's Internal Audit Division.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/27/2008, authorizing the City Manager to enter into a Lease Agreement and Sublease Agreement with the Board of County Commissioners of Hamilton County, Ohio for property on Woodrow Street, which property is not needed for any municipal purpose during the term of the sublease.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/27/2008, authorizing the City Manager and the Public Recreation Commission, City of Cincinnati to establish terms and conditions for the presentation of the All American Birthday Party, by the Public Recreation Commission, City of Cincinnati, from 12:01 A.M. on July 1, 2008 to 12:00 Midnight on July 8, 2008, for the event area; and further authorizing and directing the City Manger 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 2/27/2008, 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 28, 2008 to 12:00 Midnight on September 3, 2008 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 2/27/2008, authorizing the City Manager and the Public Recreation Commission, City of Cincinnati to establish terms and conditions for the presentation of Kids' Fest, by the Public Recreation Commission, City of Cincinnati in cooperation with Citicasters Licenses, Inc., a subsidiary of Clear Channel Communications, Inc., from 12:01 a.m. on June 4, 2008 to 12:00 Midnight on June 10, 2008 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 Kids' Fest at the Central Riverfront.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/27/2008, authorizing the City Manager and the Public Recreation Commission, City of Cincinnati to establish terms and conditions for the presentation of Black Family Reunion by the National Council of Negro Women, Inc., and Blue Chip Broadcast Foundation, Inc., from 12:01 A.M. on August 11, 2008 to 12:00 Midnight on August 21, 2008 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 (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/22/2008, authorizing members of the Cincinnati Police Department to represent the Cincinnati Police Department at the Crime Stoppers Telethon March 8, 2008, to answer phones and to assist in soliciting funds for Crime Stoppers.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/27/2008, authorizing the sale of surplus City-owned property located at 1000 Evans Street, 1027-1030 Summer Street, which real property is no longer needed for any municipal purpose to the Hamilton County Board of County Commissioners in exchange for certain real property located at 800 Evans Street and 1611 W. 8th Street from the Board of Commissioners, for inclusion in the MetroWest Project Site and authorizing the acceptance and confirmation of the deed for the County-owned property.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/27/2008, providing for the issuance, sale and delivery of not to exceed $15,000,000 of public bulding improvement bonds (MSD Office Building Project), or ntoes in anticipation thereof, of the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of financing building 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; and declaring an emergency.

REPORT, dated 2/21/2008, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 1/15/2008, submitted by Councilmember Thomas, from Robert Mlinar, 721 Betula Avenue, Cincinnati, OH 45229, regarding Mlinar Family Police Experiences.

REPORT, dated 2/27/2008, submitted by Milton Dohoney, Jr., City Manager, on communication, dated 01/14/08, submitted by Michelle Sanchez, 5701 Luhn Ave, Cincinnati, Ohio 45227, concerning the issuing of invalid orders on her property located at 2139 Vine Street which she feels is a violation of her rights by the City Cincinnati Building Department.

REPORT, dated 2/21/2008, 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 Hasten LLC DBA None listed, 3384-88 Erie Avenue and Patio. (#3660297, Transfer of Ownership and Location, D5, D6) [Objections: None]

REPORT, dated 2/21/2008, 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 Issa Services Inc. DBA Ashland, 7539 Reading Road and Gas Pumps. (#4160488, Transfer of Ownership, C1, C2) [Objections: None]

REPORT, dated 2/21/2008, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of a permit application for Tammy L. Jones DBA Jones Grocery, 4333 Eastern Avenue. (#4373108, New, C1, C2)[Objections: None]

REPORT, dated 2/27/2008, 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 Bhupinder Inc. DBA (None listed), 6011 Madison Road. (#0683904, Transfer of Ownership, C1, C2) [Objections: None]

ORDINANCE, submitted by Charles C. Graves, III, Director, Department of City Planning, TO REZONE certain property at 1612 and 1620 Dana Avenue and 3700-3756 Ledgewood Drive in the Evanston neighborhood from the RM 2.0, Residential Multi-family District and MG, Manufacturing General District, to the IR, Institutional-Residential District. (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, MARCH 11, 2008, AT 12:00 P.M.) (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 2/1/2008).

COMMUNICATION, dated 2/12/2008 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 1356236, Class D-5, Celeberties Banquet Hall, LLC, 7617 Reading Road, Cincinnati, Ohio 45237.

COMMUNICATION, dated 2/14/2008 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 #0219801-0010, Class D-5, Angiulli, Inc. dba Martino's, 2617 Vine Street, Cincinnati, Ohio 45219.

COMMUNICATION, dated 2/14/2008 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 2007-2008 Renewal Application, Permit #9683396, Class C-2-2X, Thomas E. Wilson dba Wilson's Grocery, 3800 Zinsle Avenue, 1st Floor, Cincinnati, Ohio 45213.

COMMUNICATION, dated 2/14/2008 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 #7445191, Class D-5, Julian Robinson & Tyrone Stevens, 7532 Reading Road, Cincinnati, Ohio 45237.

REGISTRATION, submitted by the Clerk of Council for Legislative Agent Charles J. Luken, Lawyer/Lobbyist, Humana Inc. & Subsidiaries, 21 E. State Street, Suite 1100, Columbus, Ohio 43215.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, for Legislative Agent Charles J. Luken, Lawyer/Lobbyist, 21 E. State Street, Suite 1100, Columbus, Ohio 43215.

REGISTRATION, submitted by the Clerk of Council for Legislative Agent Charles J. Luken, Lawyer/Lobbyist, KeyBank and Subsidiaries, 21 E. State Street, Suite 1100, Columbus, Ohio 43215.

REGISTRATION, submitted by the Clerk of Council for Legislative Agent Margaret Hulbert, Vice President, Strategic Resources & Public Policy, 2400 Reading Road, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council for Legislative Agent Margaret R. Hulbert, United Way of Greater Cincinnati, 2400 Reading Road, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council for Legislative Agent George T. Glover, Managing Director, Focused Capitol Solutions LLC, 425 Walnut Street #1800, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, for Legislative Agent George T. Glover, Managing Director-Focused Capitol Solutions, LLC, 425 Walnut Street #1800, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council for Legislative Agent George T. Glover, Managing Director, Focused Capitol Solutions LLC, 425 Walnut Street #1800, Cincinnati, Ohio 45202. (Hart Productions)

REGISTRATION, (UPDATED) submitted by the Clerk of Council for Legislative Agent George T. Glover, Managing Director-Focused Capitol Solutions LLC, 425 Walnut Street #1800, Cincinnati, Ohio 45202. (Mercy Health Partners)

REGISTRATION, (UPDATED) submitted by the Clerk of Council for Legislative Agent George T. Glover, Managing Director - Focused Capitol Solutions LLC, 425 Walnut Street #1800, Cincinnati, Ohio 45202. (People Working Cooperatively)

REGISTRATION, (UPDATED) submitted by the Clerk of Council for Legislative Agent George T. Glover, Managing Director-Focused Capitol Solution LLC, 425 Walnut Street #1800, Cincinnati, Ohio 45202. (Family Service of the Cincinnati Area)

REGISTRATION, (UPDATED) submitted by the Clerk of Council for Legislative Agent Victor A. Needham III, Mgr. Regional Govt. Affairs - Duke Energy, 139 E. 4th Stret, EA503, Cincinnati, Ohio 45201.

REGISTRATION, (UPDATED) submitted by the Clerk of Council for Legislative Agent Stanley J. Aronoff, Consultant/Lobbyist/Attorney, 425 Walnut Street, Suite 2200, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council for Legislative Agent Brendon J. Cull, Director of Government Relations, The Kroger Company, 1014 Vine Street - 6th Floor, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council for Legislative Agent Brendon Cull, Director of Government Relations, The Kroger Company, 1014 Vine Street - 6th Floor, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council for Legislative Agent Lynn Marmer, Group VP Corporate Affairs, The Kroger Company, 1014 Vine Street, 6th Floor, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council for Legislative Agent Lynn Marmer, Group VP Corp. Affairs, The Kroger Company, 1014 Vine Street - 6th Floor, Cincinnati, Ohio 45202.

STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Dave Crowley, Councilmember.

REPORT, dated 2/13/2008, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 10/9/2007 submitted by Vice Mayor Crowley, Councilmembers Qualls and Monzel that the special events policy, which changed beginning in 2007, be permanently amended in the following manner: The following not-for-profit cultural/heritage events who have traditionally received City subsidy permanently be treated as 10% cost share events: The Findlay Market Opening Day Parade, The St. Patrick's Day Parade, The Black Family Reunion, Juneteenth, We Further Move that any event receiving a City subsidy be required to "open its books" to the City to ensure that the event is in fact a not-for-profit venture. This should include actual amounts from previous years when available. Additionally, any events receiving City subsidy is required to hire City of Cincinnati Police and Fire when such services are required. WE FURTHER MOVE that the $600,000 Special Events/Small Arts Capital Grant Fund created by City Council in June of 2007 be made permanent. The $300,000 in this fund in each 2007 and 2008 will pay for the event subsidy (approximately $150,000 in each 2007 and 2008) and will include a minimum of $150,000 annually for the Small Arts Grant program. WE FURTHER MOVE that if events such as those listed below allow the city to review their financial records, in order to demonstrate that the event is not generating excess revenues, including previous years when available, they may be considered for a subsidy first by the City Administration and then by City Council: The Taste of Cincinnati, Oktoberfest, Riverfest, The Heart Mini-Marathon, Bluesfest, The Hyde Park Fireworks, Events not receiving City subsidy. WE FURTHER MOVE that any shortage of funds for the events in 2007 which Council has exempted (Opening Day Parade, St. Patrick's Day Parade, Mini-Heart Marathon) be taken out of the 2007 approved Special Events/Small Arts Capital Grant fund. (STATEMENT ATTACHED)

RESOLUTION, submitted by Councilmembr Chris Bortz, from Patricia King, City Solicitor, EXPRESSING City Council's desire to have the Agreement that created the Port of Greater Cincinnati Development Authority Board, to appoint Port Authority Members, to extend the jurisdiction of the Port Authority to include all of Hamilton County , and to vest all powers in the Port Authority as provided by Ohio law, except for the power of eminent domain and the authority to levy taxes with voter approval.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 2/13/2008, authorizing the sale of surplus City-owned property located on the north side of Queen City Avenue, east of Tillie Avenue, which real property is no longer needed for any municipal purpose, and repealing Ordinance No. 353-2006.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/13/2008, authorizing the appropriation and transfer of $34,431,500 from the unappropriated surplus of Income Tax-Transit Fund 759 to operating account 759x080x7200 for the purpose of providing for the current expenses of SORTA for the calendar year 2008; and further AUTHORIZING the appropriation of $250,000 from the unappropriated surplus of Income Tax-Transit Fund 759 to Department of Community Development operating account 759x161x7200 for the purpose of managing the Everybody Rides Metro Foundation in 2008.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/13/2008, authorizing the City Manager to apply for and accept a grant totaling $258,145.00 from the Ohio Emergency Management Agency, through the U.S. Department of Homeland Security's Metropolitan Medical Response System ("MMRS"), related to fiscal year 2007, for the purpose of funding the purchase of detection, decontamination and medical response equipment for the Fire Department, as well as to fund the salary of the Fire Department's MMRS Planner for the department's Homeland Security Unit.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/21/2008, approving and authorizing the execution of the Tenth Amendment to the County Water Area Contract at the request of the Hamilton County Commissioners, for the purpose of adjusting the rate differential for the unincorporated areas of Hamilton County.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/25/2008, authorizing the sale of 292 McGregor Avenue to Theresa Debnam, which real property is no longer needed for any municipal purpose. (APPROVED BY CITY PLANNING COMMISSION ON 02/01/2008)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 2/25/2008, repealing Ordinance No. 0040-2008; AUTHORIZING the establishment of capital improvement program project account no. 980x162x03494 (Rockford Woods); AUTHORIZING the transfer and return to source Income Tax Permanent Improvement Fund 758 the sum of $250,000.00 from capital improvement program project account no. 980x162x03417 (Strategic Housing Initiatives Program); and further AUTHORIZING the transfer and appropriation of the sum of $250,000.00 from the unappropriated surplus of Income Tax Permanent Improvement Fund 758 to newly created capital improvement program project account no. 980x162x03494 (Rockford Woods), all for the purpose of providing funding for the upgrade of private streets to public standards, for the payment of legal expenses, and for the capitalization of the Rockford Woods Homeowners Association.

ORDINANCE (EMERGENCY), submitted by Milton Dohoney, Jr., City Manager, on 2/25/2008, amending Section 401-76, Service Charges, Section 401-77, Water Commodity Charges, and Section 401-78, Charges for Fire Protection Services, of the Cincinnati Municipal Code for the purpose of revising the rates for water service in the unincorporated areas of Hamilton County furnished by the Greater Cincinnati Water Works.

RESOLUTION, submitted by Vice-Mayor Crowley and Councilmember Berding, Expressing the support of Council for the passage of Issue 10, the proposed emergency operating levy for the Cincinnati Public School District, which will be voted on by the citizens of Cincinnati on March 4, 2008.

MOTION, dated 02/20/2008, submitted by Councilmember Cole,that the Administration report back to the Neighborhoods Committee on the feasibility of purchasing an insurance policy for community councils and assessing the community councils the cost. Also that the report be completed by March 18th, 2008. (Statement Attached)