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:

APPOINTMENT, dated 2/22/2006, submitted by Mayor Mallory, subject the consent of Council, I hereby appoint Michael Moedell to the Cincinnati Recreation Commission to fill the seat held by Dan Gilday whose term expired on January 26, 2006. Mr. Moedell's will serve for a term of 5 years set to expire on December 31, 2011.

APPOINTMENT, dated 2/22/2006, submitted by Mayor Mallory, subject to the consent of Council, I hereby designate Kristin Dietsche to serve as the Vice Chair for the Arts Allocation Committee. Ms. Dietsche is currently a member of the Board whose term is set to expire on September 30, 2006 and will serve in the capacity of Vice Chair until that time.

RESOLUTION, dated 2/22/2006, submitted by Mayor Mallory, commending the Youth in City Government Program for providing the highly worthwhile community service of enabling outstanding area students to closely observe the workings of City government.

ORDINANCE, (EMERGENCY) submitted by Councilmember Berding, establishing a Joint City-County Banks Commission, which shall be referred to as The Bank Development Committee, to ensure mutual cooperation for the development of The Banks.

MOTION, dated 2/21/2006, submitted by Councilmembers Berding and Monzel that the following changes be made to the Rules of Council: 8.1 (Paragraph 3) to read A motion *1* in its final form and referred for consideration, shall be introduced and filed with the clerk's office, which communicates it to the mayor for referral to committee. *2* If approved be a committee, the item is sent to the mayor through the clerk of council for placement on the council agenda.*3* 9.6 Adoption of Ordinances: An ordinance or resolution in its final form and referred for consideration shall be introduced and filed with the clerk's office, which communicates it to the mayor for referral to committee. If approved by a committee, the item is sent to the mayor through the clerk of council for placement on the council agenda. 10.4 Committee Meetings (paragraph 3) The committee shall consider all matters referred and such matters shall be referred to the appropriate committee by or at the direction of the Mayor.*4* Any amendments or modifications to proposed action items currently pending on a committee agenda must be filed with the *5* committee chair at least 1 hour prior to the committee meeting in order to be discussed at said meeting. Any amendments introduced after the deadline shall be filed with the chair and will be considered at the discretion of the chair. 10.8 Committee Reports - A report in its final form and referred for consideration, shall be introduced and filed with the clerk's office, which communicates it to the mayor for referral to committee. If approved by a committee, the item is sent to the mayor through the clerk of council for placement on the council agenda. (STATEMENT ATTACHED)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/23/2006, authorizing the transfer and appropriation of the sum of $200,000 from the unappropriated surplus of the Cable Communications Fund 424 to capital project account no. 980x090x03159 (Communications Network Upgrades) for the purpose of providing funding to fully support upgrades to the City's communications network, which provides voice and data services to all City agencies.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/23/2006, providing for the issurance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $5,682,735 for the purpose of public building improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/23/2006, providing for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, in the principal amount of $23,631,410 for the purpose of street improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/23/2006, providing for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $2,695,855 for the purpose of making equipment improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/23/2006, providing for the issuance of notes in the principal amount of $3,324,534 by the City of Cincinnati in the anticipation of the issuance of bonds, and to provide funds for park improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/23/2006, providing for the issuance of notes in the principal amount of $3,173,461 by the City of Cincinnati in anticipation of the issuance of bonds, and to provide funds for recreation improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/23/2006, providing for the issuance of notes in the principal amount of $9,169,695 by the City of Cincinnati in anticipation of the issuance of bonds, and to provide funds for street improvements, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/23/2006, authorizing the City Manager to execute any necessary and appropriate documents to extend a loan from federal HOME funds to Community Revitalization Agency, formerly known as Miami Purchase Preservation Fund, and Baymiller Manor Limited Partnership, in the amount of Two Hundred Seventy-Five Thousand Dollars ($275,000.00) for the repair and rehabilitation of real property located at 1622 Logan Street, 1627 Walnut Street, 1624-26 Moore Street, 1642-44 and 2258 Vine Street, 1916 Colerain Avenue, and 850 Dayton Street for rental to low-income households.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/23/2006, authorizing the payment of $15,000.00 as a moral obligation to Clear Channel Communications Inc. for the event management services provided to the City for the All American Birthday Party at the Waterfront in 2005.

REPORT, dated 2/23/2006, submitted by David E. Rager, City Manager, on a communication, dated 1/11/2006 submitted by Councilmember Cole, from Lois Broerman, Executive Director, North Fairmount Community Center, 1660 Carll Street, Cincinnati, Ohio 45225 regarding the Cincinnati Recreation Commission.

ORDINANCE, dated 2/10/2006, submitted by Michael L. Cervay, Director, Community Development & Planning, to rezone certain property located at 2437 W. Clifton Avenue in the CUP neighborhood from RMX, Residential Mixed District to the CC-M, Community Commercial-Mixed District. (APPROVED BY THE CITY PLANNING COMMISSION 12/7/2005) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON MONDAY, MARCH 6, 2006 AT 3:00 P.M.)

COMMUNICATION, dated 6/6/02, submitted by Councilmember Monzel, from David Seifert, 2331 Wheeler Street (45219), with a request that the City examine the possibility of creating a skate/bike park in the city of Cincinnati.

COMMUNICATION, dated 7/10/02, submitted by Mayor Luken, from Mike Lacinak, V.P. Mt. Washington Community Council, requesting support from the City of Cincinnati for the construction of a new community center.

COMMUNICATION, dated 2/19/03, submitted by Mayor Luken, from Mary Neubeck, 7945 Schoolhouse Lane (45242), requesting payment of a ticket by the City, she received at an expired meter.

COMMUNICATION, dated 3/26/03, submitted by Councilmember Reece, from Thea Robinson 765 Ridgeway (45229), complaining of litter and debris, accumulating on the empty lot next to her home.

COMMUNICATION, dated 7/11/03, submitted by Councilmember Cole from Yvonne P. Trollinger, Reading and tutoring Program Director, 1907 Freeman Ave., Cincinnati, Ohio 45214, that the New St. Paul Missionary Baptist Church is going out into the community to seek support and help for the children of Heberle Elementary School.

COMMUNICATION, dated 7/25/03, submitted by Councilmember Cole from Alvin Murray, CWW Maintenance Worker, that the Disciplinary/Reprimand Policy is not being handled the same for all workers and that assistance is needed in investigating the implementation of inconsistent and unwritten policies and procedures with the Division of Cincinnati Water Works.

COMMUNICATION, dated 09/11/03, submitted by Councilmember Cole from Brenda J. Smith, Childhood Expressions Inc., 1397 Hunter Court, Fairfield, Ohio 45014, expressing a desire for help in acquiring a building in lower Price Hill or help in other projects that they have in the works.

COMMUNICATION, dated 09/29/03, submitted by Councilmember Cole from Sherri A. Hardewig, CEO of Medicount Management, 10361 Spartan Drive, Cincinnati, Ohio 45215, expressing concern over certain misrepresentations being made concerning the quality and success of her company's services for the City of Cincinnati.

COMMUNICATION, dated 07/09/03, submitted by Mayor Luken from Marc S. Hoover, (513) 735-0041 and (513) 946-9919, that he is submitting an appeal regarding the impounding of his vehicle on 07/08/03.

COMMUNICATION, dated 10/09/03, submitted by Councilmember Cole from Robert Cushing, 6526 River Road, Cincinnati, Ohio 45233, suggesting that in order for citizens with disabilities who can not attend council sessions that there be a website or an e-mail address made available to them so that they are able to express their concerns before council votes on any given issue.

COMMUNICATION, dated 6/1/04, submitted by William Schirmer, Schirmer's Properties LLC, 4640 Mt. Alverno Road, Cincinnati, OH 45238 concerning Cincinnati Building Permit Appl. No. 2003P07742 - Sanitary Sewage Disposal, 3924 Isabella Avenue, Bank Conversion to Restaurant.

COMMUNICATION, dated 11/16/05, submitted by Councilmember Cole from Joshua Joseph (joshuajoseph@gmail.com) concerning the Pendleton Neighborhood Council attempting to collect NSP funds for legal action against the Cincinnati Public School Board to stop the sale of the School for Creative and Performing Arts (SCPA) and its adjacent green space.

COMMUNICATION, submitted by the Clerk of Council, from Keith McNamara, Chairman, Liquor Control Commission, 77 S. High Street, 18th Floor, Columbus, Ohio 43266-0565, regarding KOCG, Inc., dba Oscar's, 700 West Pete Rose Way, 1st Floor, Sec N. Unit A & Patio, Cincinnati, Ohio 45203. Hearing is scheduled for March 15, 2006 at 11:30 a.m.

COMMUNICATION, submitted by the Clerk of Council, from Keith McNamara, Chairman, Liquor Control Commission, 77 S. High Street, 18th Floor, Columbus, Ohio 43266-0565 regarding Cinci Entertainment, Inc., dba Motions, 700 West Pete Rose Way, 1st Floor, Sec N, Unit A & Patio, Cincinnati, Ohio 45203. Hearing to be held on March 15, 2006 at 11:30 a.m.

MEMO, dated 2/9/2006, submitted by the Clerk of Council from Mayor Mallory requesting Special Session of Council to provide an update and information session to the Committee of the Whole on the Banks project, to be held Friday, February 17, 2006 at 1:30 p.m. at The Great American Ballpark at Club 4192.

NOTICE, by Melissa A. Autry, Clerk of Council to Mayor Mallory and all Councilmembers, of cancellation of special session of Cincinnati City Council scheduled for Friday, February 17, 2006 at Great American Ballpark.

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

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent George T. Glover, Consultant, Focused Capitol Solutions, LLC, 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202. (People Working Cooperatively, Inc.)

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent George T. Glover, Consultant, Focused Capitol Solutions, LLC, 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202. (Family Service of the Cincinnati Area)

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent George T. Glover, Consultant, Focused Capitol Solutions, LLC, 425 Walnut Street, Suite 1800, Cincinnati, Ohio 45202. (Hart Productions)

REPORT, submitted by the Clerk of Council, from The Board of Trustees of The Woodward High School of the City of Cincinnati, P.O. Box 19201, Cincinnati, Ohio 45219, referring the 2005 Annual Report to Cincinnati City Council.

MOTION, 02/16/2006, submitted by Vice-Mayor Tarbell, that the following organizations receive capital arts grants for 2006: the Covedale Center for the Performing Arts, the Kennedy Heights Arts Center, the Madisonville Community Arts Center, the Price Historical Society and the Showboat Majestic. Also that a down town marketing grant for the reopening of Fountain Square/Government celebrations be provided for the $100,000 from the Arts Capital Fund. And that any unused funds be returned to the capital arts fund for future allocation.

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.

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)