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 Acting City Manager David Rager, City Solicitor 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 2/2/2006, submitted by Councilmember Berding, that the following changes be made to the meeting days and times of the Finance Committee and the Rules and Government Operations Committee. The regular meeting time of the Finance Committee will be Monday, at 1:00 pm on Week A of City Council's committee meeting schedule. The regular meeting time of the Rules and Government Operations Committee will be Monday, at 1:00 pm on Week B of City Council's committee meeting schedule.

MOTION, dated 2/7/2006, submitted by Councilmembers Berding, Bortz, Ghiz, Crowley, Monzel, Thomas, Cranley, Cole and Vice Mayor Tarbell that the Administration assess the feasibility of creating a competitive community development project fund to support community-initiated planning, organizing or improvement projects. The fund would require a community match that could include cash, donated professional services or materials or volunteer labor. (STATEMENT ATTACHED)

MOTION, dated 2/3/2006, submitted by Councilmembers Bortz, Berding and Ghiz that the Agreement for the Creation of the Port of Greater Cincinnati Development Authority be revised as follows: 1. That the size of the Port Authority Board be reduced to seven members, of which three (3) shall be appointed by the Mayor of the City, with the advice and consent of Council, three (3) shall be appointed by the Board of County Commissioners, and one shall be joint appointment by the City and County, with formal appointment by the Mayor, but only with the prior approval of both Council and the Board of County Commissioners. 2. That jurisdiction of the Port Authority for economic development financing and other Port Authority activities shall include all of Hamilton County. 3. That the Port Authority have all the powers provide to port authorities under Ohio law, except for the authority to levy property taxes with voter approval. WE FURTHER MOVE that the Administration send a letter requesting that the Hamilton County Commissioners make these same revisions to the Agreement for the Creation of the Port of Greater Cincinnati Development Authority with sixty days of City Council's approval. (STATEMENT ATTACHED)

RESOLUTION, submitted by J. Rita McNeil, City Solicitor, 01/31/06, expressing City Council's opposition to the proposed placement of the CityLink Center at 800 Bank Street in the West End, also known as One city Center.

ORDINANCE submitted by David E. Rager, City Manager, on 2/8/2006, to accept and confirm the dedication of permanent easements to public use for construction, maintenance, repair and replacement of water mains and water main appurtenances in accordance with plats designated as" "Castlebridge of Wexford, Castlebridge Lane" and Crusade Hill Subdivision, Shattuc Avenue.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/8/2006, approving the payment of $8,145.50 as a moral obligation to Glaserworks Architecture & Urban Design for services provided to the City from July 1, 2004 through October 22, 2005.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/8/2006, declaring payment in the amount of $98,109.45 to Sinclair Broadcast Group as a moral obligation of the City of Cincinnati and approving payment thereof for rental of space on the WSTR broadcast tower for the placement of public safety communications equipment, which payment shall be reimbursed to the City from Hamilton County out of currently existing CLEAR (County Law Enforcement Applied Regionally) tax levy funds.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/8/2006, authorizing the City Manager to execute the Release of Reservation of Pedestrian Ingress and Egress Rights and Maintenance and Repair Obligation in favor of 525 Vine Street, LLC, which ingress and egress rights are no longer needed for any municipal purpose.

REPORT, dated 2/8/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of a permit application for Sara Marie Schmit DBA Papa Dellos Pizza & Carryout, 4030 West Eighth Street. (#78484370005, New, C1) [Objections: Cincinnati Police Department, District Three, The Price Hill Civic Club and Saint William Church].

REPORT, dated 2/8/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for Aseal Inc. DBA Mitchell Marathon, 110 W. Mitchell Avenue, S/E Portion. (#0296208, Transfer of Stock, C1, C2, D6) [Objections: None].

REPORT, dated 2/8/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of a permit application for Troy Higgins DBA (None listed), 1760 Queen City Avenue. (#3829585, New, C1) [Objections: None].

ORDINANCE submitted by David E. Rager, City Manager, on 12/7/2005, authorizing the sale of Barr Alley, between Eastern Avenue and Callahan Street, to Joyce Clem, which real property is no longer needed for any municipal purpose. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 1/20/2006)

ORDINANCE submitted by David E. Rager, City Manager, on 12/14/2005, authorizing the granting of ten easements for pile caps, in favor of the property located at 303 Broadway owned by the Port of Greater Cincinnati Development Authority within City of Cincinnati owned rights-of-way of Third Street and Broadway, which grants are not adverse to the interest in the real property retained by the City of Cincinnati. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 1/20/2006)

ORDINANCE submitted by David E. Rager, City Manager, on 12/14/2005, authorizing the City Manager, to execute a plat to release and quit-claim a watermain easement through Willow Pointe Lane, which easement is no longer needed for any public purpose.(CITY PLANNING COMMISSION APPROVED THIS ITEM ON 1/20/2006)

ORDINANCE submitted by David E. Rager, City Manager, on 12/21/2005, authorizing the granting of an easement for underground electric lines and facilities to The Cincinnati Gas & Electric Company, over City of Cincinnati-owned real property located on Third 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 1/20/2006)

COMMUNICATION, dated 1/31/2006, 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 #4425685, Class C-1-2, Kebena, Inc., dba Johnny's Food Mart, 732 East McMillan Street, 1st Floor, Cincinnati, Ohio 45206.

ORDINANCE, dated 2/2/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development & Planning, approving and adopting modifications to the Evanston NBD Urban Renewal Plan, and readopting and reconfirming the findings and determinations made by the City Council with respect to the Evanston NBD Urban Renewal Plan. (APPROVED BY THE CITY PLANNING COMMISSION 1/20/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON TUESDAY, FEBRUARY 21, 2006)

ORDINANCE submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the City Manager to enter into a General Fund Professional Service Agreement with the Port of Greater Cincinnati Development Authority to secure its service to facilitate the coordination and completion of an Ohio River Economic Impact Study that will assess the economic impact of river transportation and port activities on the Cincinnati area.

ORDINANCE submitted by David E. Rager, City Manager, on 1/11/2006, authorizing the City Manager to apply for and accept a grant in the amount of $24,921.00 from the State of Ohio Department of Natural Resources Division of Watercraft, for the purpose of providing funding to the Cincinnati Recreation Commission in order to train youths, teens, adults and seniors in kayaking skills, and purchase the necessary equipment to offer the participants hands-on training experiences.

ORDINANCE submitted by David E. Rager, City Manager, on 1/11/2006, authorizing the sale of Cloister Street east of Marmet Avenue, which is no longer needed for municipal or street purposes, to The Zoological Society of Cincinnati. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 2/3/2006)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 1/11/2006, authorizing the grant of a permanent easement in Vaughn Street to Corryville Community Corporation for a driveway, wall, soffits and downspout lines, which interest is not needed for any municipal purpose. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 2/3/2006)

ORDINANCE submitted by David E. Rager, City Manager, on 1/19/2006, authorizing the City Manager to enter into a lease wherein the City is leasing from The Board of Education of the City School District of the City of Cincinnati part of the Gamble Junior High School property for expansion of Ryan Park. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 2/3/2006)

ORDINANCE submitted by David E. Rager, City Manager, on 1/25/2006, authorizing the City Manager to accept a grant from the Ohio Department of Natural Resources, in a maximum amount of $750,000, for the purpose of providing funds to cover the costs associated with the design of the Central Riverfront Park.

ORDINANCE submitted by David E. Rager, City Manager, on 1/25/2006, authorizing the Cincinnati Recreation Commission to apply for, and if awarded, to accept, a grant from the Council on Aging of Southwestern Ohio in the amount of $200,000 for the purpose of enhancing the Recreation Commission's Operating Budget for programming with senior citizens.

ORDINANCE submitted by David E. Rager, City Manager, on 1/25/2006, to delete a special assessment on property at 1725 Pleasant Street (Hamilton County Auditor's parcel 94-8-142), notwithstanding the provisions of Ordinance No. 162-2004.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/1/2006, to delete a special assessment on property at 1712 Baltimore Avenue (Hamilton County Auditor's parcel 202-40-427), notwithstanding the provisions of Ordinance No. 76-2005.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/1/2006, to delete a special assessment on property at 3722 Dirr Street (Hamilton County Auditor's parcel 193-6-191), notwithstanding the provisions of Ordinance No. 76-2005.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the City Manager to accept $2,500.00 from Neyer Properties, Inc., to provide funding for the preparation of a blight study and the revision of the Evanston Neighborhood District (NBD) Urban Renewal Plan.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the City Manager to apply for and accept a Byrne Justice Assistance Grant in the amount of $73,113.33 from the Office of Criminal Justice Services on behalf of the Mental Health Association of the Cincinnati Area for the purpose of funding the Southwestern Ohio Mental Health Training for the law enforcement community.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the City Manager to enter into a First Amendment to CDBG Professional Servical Contract for the Coordination of Service Assistance for Hurricane Katrina and Hurricane Rita Evacuees with The Partnership Center, LTD, in an amount not to exceed One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00), for the purpose of providing continued coordination of the service assistant delivery, that was formerly provided within the Katrina Service Center, to Hurricane Katrina and Hurricane Rita Evacuees, through December 31, 2006.

ORDINANCE submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the sale of surplus City-owned real property located at 2050 Eastern Avenue to Merivale Station, LLC, which real property is no longer needed for any municipal purpose. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 1/20/2006)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/6/2006, authorizing the transfer and appropriation of the sum of $150,000.00 from CDBG project account no. 304x162x41430, "Housing Development Infrastructure", to existing CDBG project account no. 304x612x56002, "Hurricane Katrina Relief Services", for the purpose of providing contingency funding to assist with any additional costs that the City may incur as a result of its assistance to the relocation efforts for individuals displaced by Hurricane Katrina and Hurricane Rita.

REPORT, dated 2/1/2006, submitted by David E. Rager, City Manager, regarding routine report listing emergency purchases.

REPORT, dated 2/1/2006, submitted by David E. Rager, City Manager, on a motion, dated 11/23/2005, submitted by Mayor Luken, that the City Administration obtain City Council's approval of any contract to purchase Queen City Barrel. (SEE DOCUMENT #200510758 FOR ADOPTED MOTION).

RESOLUTION submitted by David E. Rager, City Manager, on 2/1/2006, declaring the necessity of assessing for various types of special street lighting for one year beginning August 1, 2005, on numerous streets within the City of Cincinnati.