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:

RESOLUTION, dated 3/31/2006, submitted by Councilmember Bortz, Expressing City Council's support of the Millcreek Valley Conservancy District's "Continuation Plan of Action" in order to restructure the Millcreek Valley Conservancy District.

MOTION, dated 3/22/2006, submitted by Councilmembers Cole, Crowley, Cranley and Thomas that the City Administration report back to Council on the feasibility of establishing a vehicle for licensing general and specialty contractors. This report should include an analysis about what the city can legally do to license general and specialty contractors and a study of the personnel hours necessary to undertake such an endeavor. I Further Move that appropriate ordinances be drafted to license general and specialty contractors based on the current state law licensing contractors and on the current ordinace of the City of Columbus, OH to license contractors. I Further Move that the City Administration report back to Council on the feasibility of establishing a vehicle for tying tax collection to the permit process. This should include a study of the potential income tax revenue that will be produced through ensuring that income taxes on all employees of contractors have been paid before a building permit is issued. (STATEMENT ATTACHED)

ORDINANCE submitted by David E. Rager, City Manager, on 4/12/2006, authorizing the City Manager and the Public Recreation Commission, City of Cincinnati, to establish terms and conditions for the presentation of the Black Family Reunion, by the National Council of Negro Women, Inc., and Blue Chip Broadcast Foundation, Inc., from 12:01 A.M. on August 14, 2006 to 12:00 Midnight on August 26, 2006, for the event area; 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 Black Family Reunion at the Central Riverfront.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/12/2006, authorizing the Administration to do all things necessary to cooperate with the Director of the Ohio Department of Transportation (ODOT) to complete pavement planning, partial and full depth pavement repairs, placing an intermediate asphalt course, repairing deteriorated curbs along inlets and manholes, adjusting manhole, valve chamber and inlet castings to grade and resetting valve boxes, resurfacing the entire pavement with asphaltic concrete, and performing the necessary pavement marking work for the Section Road, Kellogg Avenue and Hamilton Avenue Urban Paving Program project (HAM-42-8.86).

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/12/2006, authorizing the City Manager to apply for and accept a grant from the United States Department of Homeland Security in the amount of $388,000.00 for the purchase of equipment identified and approved by the Department of Homeland Security for the protection of identified Buffer Zone Protection sites.

REPORT, dated 4/12/2006, 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 Fifth Amendment Cafe LLC DBA Fifth Amendment, 4114 Hamilton Avenue. (#2714254, Transfer of Ownership, D1, D2, D3) [Objections: None].

REPORT, dated 4/12/2006, 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 Aqua Restaurant LLC DBA (None listed), 1020 Delta Avenue & Enclosed Outdoor Patio. (#0249922, Transfer of Ownership, D5, D6) [Objections: None].

REPORT, dated 4/12/2006, 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 Ankit LLC DBA Gordon's Deli, 3801 Brotherton Avenue, 1st Floor. (#0222586, Transfer of Ownership, C1, C2, D6) [Objections: None].

REPORT, dated 4/12/2006, 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 Cincinnati Concession Company DBA (None listed), 1320 Ethan Avenue. (#14912490160, New, C2) [Objections: None].

REPORT, dated 4/12/2006, 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 Ampride Inc. DBA Byung Market, 1828 Race Street. (#01787100005, Transfer of Ownership, C2, C2X) [Objections: None].

REPORT, dated 4/12/2006, 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 Azzouzi Enterprises LLC DBA Overlook Express, 811 Overlook Avenue. (#0346757, Transfer of Ownership, C1, C2, D6) [Objections: None].

REPORT, dated 4/12/2006, 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 Arden, Inc. DBA Quick Shop, 3323 Wunder Avenue, 1st Floor and Basement. (#02597910005, Transfer of Ownership, C1, C2) [Objections: None].

REPORT, datd 4/12/2006, 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 Sarah Marie Schmit DBA Papa Dellos Pizza & Carryout, 4030 W. Eighth Street. (#78484370005, New, C2) [Objections: City of Cincinnati Police Department, District Three, Price Hill Civic Club and Buildings and Inspections, Zoning Section].

ORDINANCE, dated 4/4/2006, submitted by Michael L. Cervay, Director, Community Development & Planning, to rezone certain property bounded by Realistic Avenue, Dana Avenue and Interstate 71 in the Evanston neighborhood from the CC-A Commercial Community Auto District and the SF-4, Residential Single Family District to the PD No. 44, Planned Development District. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 3/17/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON MONDAY, MAY 1, 2006 AT 3:00 P.M.)

COMMUNICATION, dated 4/5/2006, submitted by the Clerk of Council, from James P. Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding Transfer of Location Application, Permit #2352484-0001, Class C-1-2, Feltus Dunn dba Paw Paw's Market, 729 East McMillan Street, Cincinnati, Ohio 45206. Hearing will be held on May 5, 2006 at 11:00 a.m. in Room B. City Hall.

COMMUNICATION, dated 4/5/2006, submitted by the Clerk of Council, from James P. Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding Stock Transfer Application, Permit #1434259, Class D-1-2-3-6, China Gourmet, Inc., 3340 Erie Avenue, #A, Cincinnati, Ohio 45208. Hearing will be held on May 5, 2006 at 10:00 a.m., Room B, City Hall.

COMMUNICATION, dated 4/6/2006, 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 #9133589, Class C-1-2, D-6, UDPRI,LLC, dba Glenway Market, 4420 Glenway Avenue, Cincinnati, Ohio 45205. Meeting has been continued.

COMMUNICATION, dated 4/7/2006, submitted by the Clerk of Council, from James P. Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding Transfer of Ownership Application, Permit #9133589, Class C-1-2, D-6, UDPRI,LLC, dba Glenway Market, 4420 Glenway Avenue, Cincinnati, Ohio 45205. Hearing will be held on May 5, 2006 at 9:30 a.m. in Room B, City Hall.

COMMUNICATION, dated 4/4/2006, submitted by the Clerk of Council, from Rae Ann Estep, Superintendent, Ohio Department of Liquor Control, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding New Permit Application, Permit #0723920, Class C-1-2, Bishop's Northside Deli, LLC, 4138 Chambers Street, Cincinnati, Ohio 45223.

REGISTRATION, submitted by the Clerk of Council from Legislative Agent Amy Minardo, Policy and Legislative Analyst, Cincinnati USA Regional Chamber, 300 Carew Tower, 441 Vine Street, Cincinnati, Ohio 45202-2812.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Noble Maseru, Commissioner of Health.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Christopher Bortz, 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 Fred H. Anderton, Airport Manager, Transportation & Engineering/Aviation.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Eileen O. Enabnit, Transportation and Engineering.

ORDINANCE submitted by David E. Rager, City Manager, on 3/29/2006, to revise the Classification and Salary Range Schedule for certain employment classifications by repealing certain existing sections of Division 4 of Chapter 307 of the Cincinnati Municipal Code and ordaining in their place certain new replacement sections of Division 4 of Chapter 307 of the Cincinnati Municipal Code to constitute the new Classification and Salary Range Schedule for said classifications.

ORDINANCE submitted by David E. Rager, City Manager, on 3/29/2006, amending the compensation schedule in Chapter 307 of the Cincinnati Municipal Code for the classification of Assistant Fire Chief in Section 364 of Chapter 307, and further providing that the salary range for the position of Assistant Fire Chief shall hereafter be equal to 16% above the salary range for the classification of District Fire Chief under Cincinnati Municipal Code Section 360-307, as established in future collective bargaining agreements between the City and IAFF Local 48.

ORDINANCE submitted by David E. Rager, City Manager, on 3/29/2006, authorizing and directing the City Manager to establish terms and conditions for the presentation of "A Taste of Cincinnati" by the Cincinnati USA Regional Chamber of Commerce and the Greater Cincinnati Restaurant Association on Central Parkway from the west side of Main Street to the east side of Elm Street, including Race, Vine and Walnut Streets from Court to Twelfth Street and Jackson and Clay Streets from Central Parkway to Twelfth Street beginning at 6:00 P.M. on May 26, 2006 through 4:00 A.M. on May 30, 2006; authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of "A Taste of Cincinnati," notwithstanding the provisions of the Cincinnati Municipal Code which would prohibit programs deemed proper by the City Manager in the presentation of "A Taste of Cincinnati"; approving the use of Central Parkway from the west side of Main Street to the east side of Elm Street, including the intersections of Race, Vine, Walnut, Jackson and Clay Streets for the sale and consumption of beer and wine subject to the issuance of the proper licenses by the State of Ohio and procurement of liquor liability insurance; prohibiting the solicitation of monies; prohibiting the sale of wares by peddlers and itinerant vendors, and the distribution of commercial handbills, coupons, product samples, except by person associated with and authorized by the Cincinnati USA Regional Chamber of Commerce and the Greater Cincinnati Restaurant Association in the area bounded by the east side of Main Street, the south side of Court Street, the west side of Elm Street and the north side of Twelfth Street; and authorizing the use of sound-producing, sound amplifying and other equipment necessary for the production of "A Taste of Cincinnati."

ORDINANCE submitted by David E. Rager, City Manager, on 3/29/2006, authorizing the transfer of $300,560 in General Fund 050 resources, and $52,600 in Income Tax Infrastructure Fund 302 resources from various personnel and non-personnel accounts within the Department of Community Development and Planning to various personnel and non-personnel accounts within the Department of Finance, to effect the realignment of the Office Contract Compliance/SBE Division under the Purchasing Division of the Finance Department; and authorizing the transfer of $100,000 in General Fund 050 resources from the Department of Buildings and Inspections personnel account within the Existing Buildings Inspections Division to non-personnel accounts within the Office of the Director for the purpose of replacing obsolete computer and scanning equipment within the Department of Buildings and Inspections.

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 (EMERGENCY) 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 (EMERGENCY) 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, on 4/10/2006, authorizing the City Manager to execute any necessary and appropriate documents to extend a loan from federal HOME funds to Uptown Community Partners Limited Partnership, in the amount of One Million Eight Hundred Four Thousand and 00/100 Dollars ($1,804,000.00) for the repair and rehabilitation of real property located at 400 West Ninth Street, 416 West Ninth Street and 415 Court Street, for rental to low-income households.

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 Department of Finance reports for the month ended February 28, 2006. (REPORT ON FILE IN CLERK'S OFFICE)

RESOLUTION submitted by David E. Rager, City Manager, on 3/29/2006, declaring the necessity of assessing for the control of blight and disease of shade trees within the public rights-of-way, and for planting, maintaining, trimming and removing shade trees in and along the streets of the City of Cincinnati's Urban Forestry Maintenance District for the year 2007.

MOTION, dated 3/20/2006, submitted by Councilmember Berding, Bortz, Ghiz, Cranley, Monzel and Vice Mayor Tarbell that the administration Nuisance activities that the code should cite would include but not be limited to: loud music, loitering, illegal drug activity, harassment, disorderly conduct, battery, indecent exposure, prostitution, littering, keeping animals that disturb the peace and discharge of firearm. Further, we move that the administration report back to City Council within 90 days the specific legal change for Council action. (STATEMENT ATTACHED) (*Amended on floor of Council 4/12/2006)

MOTION, dated 3/20/2006, submitted by Councilmembers Berding, Bortz, Ghiz, Cranley, Monzel and Vice Mayor Tarbell that the administration create and implement a Chronic Nusiance Property Reduction Program that mirrors the program in Milwaukee. (STATEMENT ATTACHED) (*Amended on floor of Council 4/12/2006).

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.

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

RESOLUTION, submitted by David E. Rager, City Manager, 3/29/2006, expressing City Council's opposition to H.R. 3146 and S. 1349, jointly known as the "Video Choice Act of 2005," and other recently-introduced legislation at the federal level, which would significantly restrict local governments from establishing responsible regulations on certain telecommunications companies' installation of equipment on City streets, sidewalks, and elsewhere in the public right-of-way, and would also eliminate local government's authority to establish cable franchises, significantly reducing franchise fees paid by cable companies for their use of the public right-of-way.