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.

ORDINANCE, (EMERGENCY) submitted by Mayor Mallory, establishing a six (6) member developer selection and steering committee, The Banks Development Committee ("BDC"), which shall consist of City and Hamilton County membership, and which shall be responsible for developer selection recommendations, guiding the process of developer selection and guiding staff through consummation of a Master Development Agreement with a Master Developer regarding The Banks project.

ORDINANCE, (EMERGENCY) submitted by Mayor Mallory, establishing a Joint City-County Banks Commission to ensure mutual cooperation for the development of The Banks.

ORDINANCE, (EMERGENCY) submitted by Vice Mayor Tarbell, establishing a Joint City-County Banks Commission to ensure mutual cooperation for the development of The Banks.

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.

COMMUNICATION, dated 2/22/2006, submitted by Councilmember Cole, from Steve Slack, Clifton Town Meeting, P.O. Box 20042, Cincinnati, Ohio 45220, regarding a resolution concerning the Groesbeck Fund and music in Burnet Woods.

COMMUNICATION, submitted by Councilmember Cole, from Robert and Judith Walsh, 148 Hereford Court, Cincinnati, Ohio 45216, regarding 141 Hereford Ct. vacant house in Hartwell.

MOTION, dated 2/27/2006, submitted by Councilmember Monzel, that the Mayor be given full negotiating authority with regards to the proposed Banks riverfront development, on behalf of the City of Cincinnati. This authority would include using city resources & staff to negotiate and develop any necessary agreements with the County that would move the project towards completion. The Mayor would be required to submit any negotiated agreement to the full Council for ratification via an "up or down" vote, before any such agreement would take effect. (STATEMENT ATTACHED)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 3/1/2006, authorizing the City Manager to execute a release of an easement for a water main and appurtenances and an easement for a storm sewer that encumber the Marburg Square project on Wasson Road in Oakley.

ORDINANCE submitted by David E. Rager, City Manager, on 3/1/2006, authorizing the sale of property at the northeast corner of Gilbert Avenue and Morris Street to JJW Investments, LTD., which real property is no longer needed for any municipal purpose.

ORDINANCE submitted by David E. Rager, City Manager, on 3/1/2006, authorizing the City Manager to enter into and execute a Preferred Developer Agreement with NTP Development LLC, for City-owned property on Burnet Avenue.

REPORT, dated 3/1/2006, submitted by David E. Rager, City Manager, on a communication, dated 01/24/2006, submitted by Councilmember Cole, from Paul Beavers, submitting copies of the Water in Basement Program Agreement and a corrected and a revised agreement to correct many serious errors.

REPORT, dated 3/1/2006, submitted by David E. Rager, City Manager, regarding the Department of Finance 2005 Year End Close Report.

REPORT, dated 3/1/2006, submitted by David E. Rager, City Manager, regarding the Department of Finance reports for the month ended December 31, 2005. (REPORT ON FILE IN CLERK'S OFFICE)

REPORT, dated 3/1/2006, submitted by David E. Rager, City Manager, regarding the appointment of citizen trustee to Retirement Board.

ORDINANCE submitted by Valerie A. Lemmie, City Manager, on 1/5/2005, authorizing the City Manager, to enter into a Lease Agreement with Douglas Waggoner for Boots Alley between Thirteenth Street and Hart Alley, which is not needed for any municipal purpose during the term of the lease. (APPROVED BY THE CITY PLANNING COMMISSION ON 2/17/2006)

ORDINANCE submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the sale of a portion of Wehrman Avenue, west of Fredonia Avenue, to 660 Lincoln, LLC, which real property is no longer needed for any municipal purpose. (APPROVED BY THE CITY PLANNING COMMISSION ON 2/17/2006)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 2/1/2006, authorizing the City Manager to enter into the Agreement for the Grant of City Funds and for the Sale of Land for Public and Private Redevelopment for sale and redevelopment of property at the southeast corner of Central Avenue and Fourth Street with 353 West Fourth LLC. (APPROVED BY THE CITY PLANNING COMMISSION ON 2/17/2006)

COMMUNICATION, dated 12/29/00, submitted by Councilmember Booth, from Louis R. Kroner, Mary Kay Kroner, and Katherine A. Kroner, 178 Twain Avenue, Cincinnati, OH 45233, opposing the plans, by Lone Star Industries of Indianapolis, to develop a concrete distribution plant along the Ohio River in Sayler Park.

COMMUNICATION, dated 1/2/01, submitted by Councilmember Booth, Susan & David Backscheider, 7220 Fernbank Ave., Cincinnati, OH 45233, opposing the Lone Star Industry from being building on the River Road site.

COMMUNICATION, dated 1/11/01, submitted by Councilmember Winburn, from Rev. Donald R. Rettig, Pastor, St. Aloysius Church-On-The-Ohio, 134 Whipple Street, Cincinnati, OH 45233, concerning another possible location for Lone Star Industries to build their cement distribution facility.

COMMUNICATION, received 1/17/01, submitted by Councilmember Winburn, from Ron and Patricia Priore, 7132 Fernbank Avenue, Cincinnati, OH 45233, opposing the construction of the Lone Star Industries cement facility in Saylor Park.

COMMUNICATION, dated 01/17/2001, submitted by Councilmember Reece, from Joe & Tracy Hoffecker and Family, 6432 Gracely Drive, Cincinnati, OH 45233, opposing Lone Star Industries plans to construct a cement facility near Sayler Park.

COMMUNICATION, dated 01/16/2001, submitted by Councilmember Reece, from Renee Cipriani, 6371 Revere Avenue, Sayler Park, Ohio 45233, opposing the Lone Star Industries construction of a cement facility in Sayler Park.

COMMUNICATION, dated 01/16/2001, submitted by Councilmember Reece, from Sheryl and Barry Howell, 7326 Gracely Drive, Cincinnati, OH 45233, opposing the proposed Lone Star Cement Center in Sayler Park.

COMMUNICATION, dated 01/17/01, submitted by Councilmember Reece, from Arthur V. Katz, 1449 Herschel Avenue, Cincinnati, OH 45208, regarding problems of panhandling and intimidation in downtown. (see doc. 200102811 for response)

COMMUNICATION, dated 9/5/01, submitted by Councilmember Reece, from Sharla R. Payne 6038 Kennedy Ave (45213), regarding treatment encountered from a Cincinnati Police Officer from District 3.

COMMUNICATION, 2/21/2006, 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 and 2005-2006 Renewal Applications, Number 6277255, Class C-1-2, N & I Market, Inc., dba N & I Grocery Market, 2923 Gilbert Avenue, Cincinnati, Ohio 45206.

COMMUNICATION, dated 2/22/2006, 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 and 2005-2006 Renewal Applications, Number 6527861, Class C-2-2X, Bruno Okuja, dba Frabrok International, 1st Floor, Southern Portion, 1711 Freeman Avenue, Cincinnati, Ohio 45214.

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Marilyn Hyland, Marketing Executive, 700 West Pete Rose Way, Cincinnati, Ohio 45203.

RESPONSE, dated 07/20/01, prepared by John F. Deatrick, Director of Transportation and Engineering, dated 5/22/01, on a communication submitted by Mayor Luken, from Sam Caudill, 1537 Beth Lane (45230), regarding the severe deterioration of the streets on Beth Lane.

RESPONSE, dated 11/8/01, prepared by Lieutenant Colonel Richard L. Janke, Assistant Police Chief, on a communication, dated 10/17/01, submitted by Mayor Luken, from Joyce Meinerding, Building Mgr., Mercantile Center, 120 E. 4th Street (45202), requesting police to patrol the areas of 4th, 5th & Walnut Streets, because of incidents that have taken place recently with 2 of their tenants, to help restore a safe feeling of that area.

RESPONSE, dated 2/14/02, prepared by Kevin A. Shepard, General Services Director, on a communication, dated 11/19/01, submitted by Mayor Luken, from Gail Miller, 1027 Lockman Ave (45238), suggesting ways to attract customers to the downtown shopping district area.

RESPONSE, dated 2/4/02, on a communication, dated 12/7/01, submitted by Mayor Luken, from Todd Portune, County Commissioner, opposing the construction of the Juvenile Detention Facility in Bond Hill and removal of the police firing range from its current location.

MOTION, dated 2/10/2006, submitted by Councilmember Crowley, that the City's current Human Services Policy be modified to reflect current City problems of increased levels of crime and gun related crime, and that the City Council add a new funding priority to the Human Service Policy that supports programs that provide funding to prevent violent crime in Cincinnati and programs that target the prevention of access to weapons and that prevent teen violence. Additionally programs that assist ex-felons in becoming productive members of society should receive human services funding, and that we continue the historical role of the Human Services Advisory Committee so the City can make the best use of its limited resources, and that these policy changes be adopted in a timely manner, since the Human Services budget operates on a biennial cycle, and their funding allocation process starts formally on February 24th. (STATEMENT ATTACHED)

REPORT, dated 5/11/2005, submitted by Valerie A. Lemmie, City Manager, on a motion, dated 3/7/05, submitted by Councilmember Crowley that the administration report to Council on the future of the Human Services Advisory Committee. This should include an understanding of what types of functions can they provide to the City and what policy decisions need to be made by City Council in order for them to continue to be a useful advisory body. (STATEMENT ATTACHED)

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.

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.

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.