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 3/28/2006, submitted by Mayor Mallory, subject to the consent of Council, I hereby appoint k. Jenny Jones to serve on the Arts Allocation Committee. Ms. Jones will fill the unexpired term of Peter Bilotta. Ms. Jones' term will expire on 9/30/06.

MOTION, dated 4/3/06, submitted by Councilmembers Berding, Bortz, and Ghiz that the administration track the impact of the increased penalties contained in Ordinance #79-2006, passed March 29, 2006 and report back to Council six months after passage and then again after 12 months have elapsed from the date of passage. (STATEMENT ATTACHED)

ORDINANCE submitted by David E. Rager, City Manager, on 4/5/2006, authorizing the sale of part of Elsinore Avenue north of Wareham Drive, which is no longer needed for municipal or street purposes, to Mt. Adams Equity Partners, LLC.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/5/2006, authorizing the sale of surplus City-owned real property located at 2147 Central Avenue, which real property is no longer needed for any municipal purpose, and repealing Ordinance 453-2005, which lists an inaccurate appraisal value, due to recent theft and vandalism at the property.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/5/2006, authorizing the City Manager to enter into an agreement with the members of the Hamilton to New Baltimore Ground Water Consortium for continued participation in an cooperative multi-jurisdictional wellhead protection program.

ORDINANCE submitted by David E. Rager, City Manager, on 4/5/2006, authorizing the City Manager to apply for and accept a grant from the United States Department of Justice, Bulletproof Vest Partnership, in the amount of up to $80,000.00, for partial reimbursement of the Cincinnati Police Department's 2006 expenditure for body armor.

ORDINANCE submitted by David E. Rager, City Manager, on 4/5/2006, ordaining new Title XVI of the Cincinnati Municipal Code, "Neighborhood Quality of Life Unified Code," for the purpose of streamlining and facilitating code enforcement by the various City agencies charged with the responsibility of enforcing provisions of the City's Health, Fire, Building Code and other Municipal Code provisions related to public safety or public health.

ORDINANCE (EMERGENCY), submitted by David E. Rager, City Manager, on 4/5/2006, authorizing the City Manager and 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 May 31, 2006 to 12:00 Midnight on June 6, 2006, for the event area: 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 David E. Rager, City Manager, on 4/5/2006, authorizing the City Manager and the Public Recreation Commission, City of Cincinnati to establish the terms and conditions for the presentation of the Tall Stacks Music, Arts and Heritage Festival 2006 by the Greater Cincinnati Tall Stacks Commission, Inc., from 12:01 a.m. on September 25, 2006 through 12:01 a.m. on October 12, 2006; authorizing and directing the City Manager and the Public Recreation Commission, City of Cincinnati to take such actions as are deemed necessary and proper to implement the presentation of the Tall Stacks Music, Arts and Heritage Festival 2006 notwithstanding the provisions of Chapter 321 Procurement and Disposal of Supplies, Services and Construction, Chapter 739 Central Riverfront, Chapter 839 Peddlers and Itinerant Vendors, Chapter 845 Markets, Chapter 506 Traffic Code, Chapter 411 Wharves and Public Landing and any other provisions of the Cincinnati Municipal Code which would inhibit such presentations.

ORDINANCE, submitted by David E. Rager, City Manager, on 4/5/2006, 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 30, 2006 to 12:00 Midnight on September 6, 2006 for the event area; 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 David E. Rager, City Manager, on 4/5/2006, to delete a special assessment on property at 1635 Clayton Street (Hamilton County Auditor's parcel 62-3057), notwithstanding the provisions of Ordinance No. 162-2004.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, 4/5/2006, authorizing the City Manager to enter into Amendment No. 1 with Broadway Development 2001, Ltd. for the City-owned property at Seventh Street and Broadway Avenue.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, authorizing the sale of surplus of City-owned landlocked real property known as Aduitor's parcel 145-1-326, to Middle Earth 327 West Fourth LLC, which real property is no longer needed for any municipal purpose.

REPORT, dated 4/5/2006, submitted by David E. Rager, City Manager, on a communcation, 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.

REPORT, dated 4/5/2006, submitted by David E. Rager, City Manager, regarding the Quality of Life Index year end 2005 update.

REPORT, dated 4/5/2006, submitted by David E. Rager, City Manager, regarding the Horace Street stairway removal.

REPORT, dated 4/5/2006, submitted by David E. Rager, City Manager, regarding the Department of Finance reports for the month ended February 28, 2006. (REPORT ON FILE IN CLERK'S OFFICE)

REPORT, dated 4/17/2006, submitted by David E. Rager, City Manager on a communication, dated 11/17/2005, submitted by Vice Mayor Reece, from Paul R. Harkins, Water Works Construction Inspector, 9993 Bentcreek Drive, Loveland, Ohio 45140, requesting for exemption from residency requirements.

COMMUNICATION, dated 3/29/2006, 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 #7848437-0005, Class C-1, Sarah Marie Schmit, dba Papa Dello's Pizza & Carryout, 4030 West Eighth Street, Cincinnati, Ohio 45205.

MOTION, dated 04/07/99, by Councilmember Yates, that because a standing Committee on Mayoral Appointments may result in unduly and unnecessarily hindering a mayor's traditional and customary role of appointing qualified volunteer citizens to boards and commissions, I hereby respectfully move that the Committee on Mayoral Appointments be abolished. Councilmember and the Council retain, pursuant to provisions of the Charter, the power and authority to approve or disapprove mayoral appointments and nominations.

REPORT, dated 2/22/01, prepared by Peg Moertl, Director of Neighborhood Services, on an adopted motion, dated 12/5/00, submitted by Councilmembers Cooper and Booth, that the appointments to the Citizens Committee on Youth's Board of Directors be made by the Mayor with consent and advice of City Council (see doc. 200002429 for adopted motion)

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Mark Thomas Ashworth, Internal Finance Manager, Finance.

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

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

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

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Steven G. Bailey, Acting Director of Public Services.