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:

COMMUNICATION, dated 02/14/2006, submitted by Councilmember Cole, from Pamela J. Adams, President, North Fairmount Community Council, Family Center, 1769 Carll Street, Cincinnati, Ohio 45225, presenting a list of properties that are of concern to the residents and members of the North Fairmount Community Council.

MOTION, dated 2/7/2006, submitted by Councilmember Crowley, I move that the second paragraph of Section 10.4, Committee Meetings, of the City Council Rules be amended to read Committee chairs shall have the authority to schedule meetings and set the agenda for committee hearings. Members may not speak on an item unless it is on the committee agenda, or upon recognition of the chair. Once items have been referred to committee, the chair shall set the agenda for each meeting. Referred items are not to be placed on committee agenda without the consent of the chair however items referred to committee shall be placed on the committee agenda for consideration within 30 days of referral. The chair or presiding officer, in his or her sole and absolute discretion, has the authority to direct security personnel to enforce council rules for purposes of civility and decorum. (STATEMENT ATTACHED)

RESOLUTION, dated 2/8/2006, submitted by Councilmember Crowley, expressing City Council's support of comprehensive immigration reform and the McCain-Kennedy-Gutierrez legislation and urging the United States Congress to enact the proposed legislation.

MOTION, dated 1/11/06, submitted by Councilmember Thomas that the City Administration explore the possibility of amending Section 829-99 of the Cincinnati Municipal Code. The amendment would remove the minor misdemeanor for first time offenders and replace it with a fourth degree misdemeanor for first time offenders. If an offender has, within one year, been convicted of a previous violation of this chapter, then the violation shall be a first degree misdemeanor. If convicted the City shall impose a six-month suspension of the dance hall license in addition to any criminal penalty. I also move that Section 829-23 be included in 829-99, penalty section. It should read, "whoever violates Section 829-3, 829-13 or the rules and regulations of 829-23 of the chapter shall be guilty of a misdemeanor of the fourth degree. If the offender has, within one year been convicted of a previous violation of this chapter, then the violation shall be a misdemeanor of the first degree." (STATEMENT ATTACHED)

ORDINANCE submitted by David E. Rager, City Manager, on 2/15/2006, amending Section 311-5, Imposition of Tax, of the Cincinnati Municipal Code to eliminate conflict with other sections of the Cincinnati Municipal Code regarding taxation of pass-through entities.

ORDINANCE submitted by David E. Rager, City Manager, on 2/15/2006, authorizing the City Manager to execute an amended grant agreement with the State of Ohio Department of Development (“ODD”) to allow remaining grant funding in the amount of $515,526.84 to be used for public improvements at the intersection of Duck Creek Road and Kennedy Avenue for continued access improvements for the Fifth Third Bank Operations Facilities in Madisonville; and further AUTHORIZING the transfer of and return to source Fund 858 (street improvement bond fund) the sum of $375,000 from the Kennedy Connector capital improvement program project account no. 980x233x03086; and further AUTHORIZING the transfer of the sum of $375,000 from the unappropriated surplus of Fund 858 and the appropriation of the sum of $375,000 to the Dixmyth Avenue Relocation capital improvement program project account no. 980x233x03078, all for the purpose of allowing the City to use ODD grant funds for the Kennedy Connector project and providing additional funding for the Dixmyth Avenue Relocation project; and REPEALING Ordinance 10-2006 which incorrectly identified the resource for the funding.

REPORT, dated 2/15/2006, submitted by David E. Rager, City Manager, on a commuication, dated 8/16/05, submitted by Councilmember Cole from T.M. Waller, 5410 Palisades Drive, Cincinnati, OH 45238-5618 regarding a litter problem and other maintenance issues in Riverside.

REPORT, dated 2/15/2006, submitted by David E. Rager, City Manager, on a communication, submitted by Councilmember Cole, from Linda J. Bailey, 1915 Emerson Avenue, Cincinnati, Ohio 45239, regarding the city's litter ordinance.

REPORT, dated 2/15/2006, submitted by David E. Rager, City Manager, on a communication, dated 12/30/2005, submitted by Vice Mayor Tarbell, from Jerome R. Berman, MD, 2444 Madison Road #1801, Cincinnati, Ohio 45208, regarding the Vital Statistics department procedures.

REPORT, dated 2/15/2006, 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 Merritt Group LLC DBA Sake Bomb, 3672 Erie Avenue and Patio. (#5856415, Transfer of Ownership, D1, D2, D3, D6) [Objections: Department of Buildings and Inspections, Zoning Section].

REPORT, dated 2/15/2006, 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 Feltus Dunn DBA Paw Paws Market, 739 East McMillan Street. (#23524840001, Transfer of Location, C1, C2) [Objections: Department of Buildings and Inspections and The Cincinnati Police Department, District Four].

REPORT, dated 2/15/2006, 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 Cincinnati Restaurant Properties VI, LLC DBA (None listed), 2444 Madison Road, 1st Floor, West Wing and Patio. (#1494036, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: Department of Buildings and Inspections, Zoning Section].

REPORT, dated 2/15/2006, 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 McCormick & Schmick Restaurant Corporation DBA McCormick & Schmicks Seafood Restaurant, 21 East Fifth Street. (#57132820005, Transfer of Ownership and Location, D2, D2X, D3, D3A, D6) [Objections: None].

REPORT, dated 2/15/2006, 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 1715 John Street DBA (None Listed), 1715 John Street. (#8003675, Transfer of Ownership, C1, C2) [Objections: None].

ORDINANCE, dated 1/31/2006, submitted by Michael L. Cervay, Director, Community Development & Planning, to rezone certain property at 2001 Highland Avenue in the Mt. Auburn neighborhood from the SF-4, Single Family District, to the PD No. 42, Planned Development District. (APPROVED BY THE CITY PLANNING COMMISSION 12/16/2005) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON 3/6/2006 AT 3:00 P.M.)

COMMUNICATION, dated 2/3/2006, 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 Transfer of Ownership Application, Permit #7528323, Class C-1-2, D-6, Roselawn Express, Inc., dba Shop Rite, 7911 Reading Road, Cincinnati, Ohio 45237.

COMMUNICATION, dated 2/6/2006, submitted by the Clerk of Council, from Rae Ann Estep. Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding 2004-2005 & 2005-2006 Renewal Applications, Permit #4273251, Class C-1-2, D-6, Jehad Inc., dba Beekman Market, 3297 Beekman Street, Cincinnati, Ohio 45225.

COMMUNICATION, dated 2/6/2006, submitted by the Clerk of Council, from Rae Ann Estep, Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding Transfer of Location Application, Permit #8853563-0002, Class C-2-2X, Tesfu, Inc., dba L&S Market, 1329 Walnut Street, 1st Floor & Basement, Cincinnati, Ohio 45210.

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)

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, submitted by Councilmember Thomas on 1/27/2006, modifying the provisions of the City Municipal Code, Chapter 829 by amending Section 829-3, Unlawful Operation of Dance Hall, and Section 829-99, Penalties, to ensure that owners of premises used as dance halls are held responsible for unlawful operation of a dance hall and to increase the penalty for a first-time offender of the provisions of Chapter 829.