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 4/18/2006, submitted by Mayor Mallory, expressing Council's opposition to ODOT's proposed closure of the Galbraith Road exits from Interstate 75, and further urging ODOT to find alternate methods for improving the safety of the interstate as part of its pending seven-mile reconstruction project, in order to avoid the loss of convenient local access to numerous Cincinnati communities from Interstate 75, and to avoid significant economic losses to area businesses and potential population losses to Cincinnati and surrounding counties.

COMMUNICATION, dated 4/3/2006, submitted by Councilmember Cole, from John W. Harrison, 1757 Marquette Avenue, Cincinnati, Ohio 45230-1815, regarding Item #200510852 - Acting City Manager's report regarding the communication relating to Double-dipping.

RESOLUTION, dated 04/18/2006, submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C1 liquor permit number 1493392 by Cincinnati Petro Corp dba Swifton Shell, 1900 Seymour Avenue, Cincinnati, Ohio 45237.

RESOLUTION, dated 04/18/2006, from Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C1, C2, and D6 liquor permit number 4273251 by Jehad, Inc. d.b.a. Beekman Market, 3297 Beekman Street, Cincinnati, Ohio 45225.

RESOLUTION, dated 4/18/2006, submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the D5 and D6 liquor permit number 4743634 by KOCG, Inc., dba Motion, 700 W. Pete Rose Way, Cincinnati, Ohio 45203.

RESOLUTION, dated 4/18/2006, submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C1 and C2 liquor permit number 6548587 by 118 West 15th, Inc. dba Walt's Grocery, 118 West 15th Street, 1st Floor, Cincinnati, Ohio 45202.

RESOLUTION, dated 4/18/2006, submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C1, C2, and D6 liquor permit number 0343695-0005 by Aysar, Inc. dba Jet In Market, 1205-07 Linn Street, Cincinnati, Ohio 45203.

RESOLUTION, dated 4/18/2006, submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C1 and C2 liquor permit number 9324473-0005 by W.W.&I. Subhis, Inc. dba Best for Less Market, 1820 Vine Street, Cincinnati, Ohio 45202.

RESOLUTION, dated 4/18/2006, submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C1 and C2 liquor permit number 3092896 by Gehad & Mandi, Inc. dba Kevin's Market, 4661 Kings Run Drive, Cincinnati, Ohio 45232.

RESOLUTION, dated 4/18/2006, submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the C2, C2X, and D6 liquor permit number 1608807-0005 by Cold n Quick Thru, Inc. dba Cold n Quick Drive Thru, 2029 Dana Avenue, Cincinnati, Ohio 45207.

RESOLUTION, dated 4/18/2006, submitted by Councilmember Cole, OBJECTING to the renewal by the Ohio Department of Liquor Control of the D5 and D6 liquor permit number 2655503-0025 by Fatcats, Inc. dba Phoenix Cafe, 641 Walnut Street, 1st and 2nd floors and basement, Cincinnati, Ohio 45202.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/19/2006, approving payment to Towne/Adams Village B LLC in the amount of $885,679.53 for public infrastructure constructed in accordance with a Service Agreement.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/19/2006, authorizing the City Manager to apply for, and if awarded, to accept a grant from the United States Department of Justice in the amount of $148,084 for the purpose of funding the continued implementation of the Cincinnati Police Department's Records Management System.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/19/2006, authorizing the Administration to do all things necessary to cooperate with the Director of the Ohio Department of Transportation ("ODOT") in order to completed the Columbia Parkway Bridge Rehabilitation and Beechmont Levee Resurfacing Project (HAM-50-27.75 PID 25297), which includes the resurfacing of SR 32 from Wooster Avenue to the Eastern Corporation limit, and bridge work on Columbia Parkway over Beechmont Avenue, Columbia Parkway over Linwood Avenue, Colubmia Parkway over Heekin Avenue, and Columbia Parkway over the ramp to Eastern Avenue south of Leonard Street bridges, including sealing the bridge decks with gravity-fed resin, cleaning out scuppers, and resetting bearing (the "Project").

ORDINANCE submitted by David E. Rager, City Manager, on 4/19/2006, determining to proceed for three years beginning August 1, 2005 with special street lighting assessments on the following streets, or portions thereof: Andina Avenue, Avonlea Avenue, Bayard Avenue, Beaverton Avenue, Beechview Circle, Rogers Park Place, Bella Vista, Bellewood Avenue, Berkley Avenue, Castleton Place, Catalina Avenue, Chalfonte Place, Cheyenne Drive, Clifton Avenue, Coronado Avenue, Corvallis Avenue, Covedale Avenue, Eileen Drive, Epworth Avenue, Eugenie Lane, Far Hills Drive, Fenmore Drive, Garden Lane, Grafton Avenue, Greenland Place, Hansford Place, Hayward Avenue, Johnstone Place, Kellywood Avenue, Kenova Avenue, Laconia Avenue, Lakeland Avenue, Larry Avenue, Lawn Avenue, Lillian Drive, Ludlow Avenue, Manor Hill Drive, Marlington Avenue, Middlebrook Avenue, Westgate Avenue, North Clerose Drive, South Clerose Drive, Northampton Drive, Northcutt Avenue, Northwood Drive, Orchard Lane, Portsmouth Avenue, Victoria Lane, Rawson Woods Lane, Rawson Woods Circle, Raymar Drive, Raymar Boulevard, Robinwood Avenue, Hurley Avenue, Rookwood Drive, East Rookwood Drive, South Rookwood Drive, Rosecliff Avenue, Schulte Drive, Scottwood Avenue, Shenandoah Avenue, Stratford Avenue, Stratford Place, Suncrest Drive, Towanda Terrace, Victoria Avenue, Warwick Avenue, Werkastle Lane, and Yorkshire Place.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/19/2006, amending Ordinance No. 217-2005 that provides for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio, in the principal amount of $1,100,000 for the purpose of urban redevelopment improvements.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/19/2006, amending Ordinance No. 81-2005 that provides for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio, in the principal amount of $3,100,000 for the purpose of urban redevelopment improvements.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/19/2006, amending Ordinance No. 78-2005 that provides for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio, in the principal amount of $1,300,000 for the purpose of parks and recreation improvements.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/19/2006, authorizing the reduction or closure of existing operating and project accounts and the establishment of new or increased funding for existing project accounts, as outlined on the attached Schedule of Transfer, for the purpose of providing funding for projects that meets the objectives delineated within the City's Consolidated Plan and that will assist in the meeting of HUD expenditure timeliness requirements.

REPORT, dated 4/19/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of the annual permit renewal for Cincinnati Petro Corp DBA Swifton Shell, 1900 Seymor Avenue. (#1493392, Annual Renewal, C1) [Objection: Cincinnati Police Department's Central Vice Control Section].

REPORT, dated 4/19/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of the annual permit renewal for SD & Driouache, Inc. DBA Quality Food Market, 3627 McHenry Avenue. (#7638477, Annual Renewal, C1, C2, D6) [Objection: Cincinnati Police Department's Central Vice Control Section].

REPORT, dated 4/19/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of the annual permit renewal for KOCG, Inc. DBA Motion, 700 W. Pete Rose Way, 1st Floor. (#4743634, Annual Renewal, D5, D6) [Objection: Cincinnati Police Department's Central Vice Control Section) [Objection: Cincinnati Police Department's Central Vice Control Section].

REPORT, dated 4/19/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of the annual permit renewal for 118 West 15th, Inc. DBA Walt's Grocery, 118 West 15th Street, 1st Floor.(#6548587, Annual Renewal, C1, C2) [Objection: Cincinnati Police Department's Central Vice Control Section].

REPORT, dated 4/19/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of the annual permit renewal for Jehad, Inc. DBA Beekman Market, 3297 Beekman Street. (#4273251, Annual Renewal, C1, C2, D6) [Objection: Cincinnati Police Department's Central Vice Control Section].

REPORT, dated 4/19/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of the annual permit renewal for Aysar, Inc. DBA Jet In Market, 1205-07 Linn Street. (#0343695-0005, Annual Renewal, C1, C2, D6) [Objection: Cincinnati Police Department's Central Vice Control Section].

REPORT, dated 4/19/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of the annual permit renewal for W W & I Subnis, Inc. DBA Best for Less Market, 1820 Vine Street, 1st Floor. (#9324473-0005, Annual Renewal, C1, C2) [Objection: Cincinnati Police Department's Central Vice Control Section].

REPORT, dated 4/19/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of the annual permit renewal for Gehad & Mandi, Inc. DBA Kevin's Market, 4661 Kings Run Drive. (#3092896, Annual Renewal, C1, C2) [Objection: Cincinnati Police Department's Central Vice Control Section].

REPORT, dated 4/19/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of the annual permit renewal for Cold n Quick Thru, Inc. DBA Cold n Quick Drive Thru, 2029 Dana Avenue. (#1608807-0005, Annual Renewal, C2, C2X, D6) [Objection: Cincinnati Police Department, District Two, and Evanston Community Council].

REPORT, dated 4/19/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of the annual permit renewal for Fatcats, Inc. DBA Phoenix Cafe, 641 Walnut Street, 1st & 2nd Floors and Basement. (#2655503-0025, Annual Renewal, D5, D6) [Objection: Cincinnati Police Department, District One and the Downtown Resident's Council].

REPORT dated 4/19/2006, 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 R P McMurphy's Pub DBA R P McMurphy's Irish Pub & Coffeehouse, 2910 Wasson Road. (#7150652, Annual Renewal, D5, D6) [Objection: Cincinnati Police Department's Central Vice Control Section, Hyde Park Neighborhood Council and Wasson Road Neighborhood Association].

REPORT, dated 4/19/2006, 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 Bailey Enterprises LTD DBA Sunshine Fine Foods, 3501 Erie Avenue, 1st Floor. (#0371827, Transfer of Stock, C1, C2, D6) [Objections: None].

ORDINANCE, dated 1/20/2006, submitted by Michael L. Cervay, Director, Community Development & Planning, modifying Title XVI, Zoning Code of the City of Cincinnati, of the Cincinnati Municipal Code by amending Section 1409-07: Use Regulations - Commercial Subdistricts. (APPROVED BY THE CITY PLANNING COMMISSION ON DECEMBER 16, 2005) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON MONDAY, FEBRUARY 6, 2006 AT 3:00 P.M.)

ORDINANCE, dated 1/20/2006 submitted by Michael L. Cervay, Director, Community Development & Planning, modifying the provisions of Chapter 1419, Additional Development Regulations of the Cincinnati Zoning Code by amending Section 1419-21. (APPROVED BY THE CITY PLANNING COMMISSION ON DECEMBER 16, 2005) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON MONDAY, FEBRUARY 6, 2006 AT 3:00 P.M.)

ORDINANCE, submitted on 3/22/2006, by Michael L. Cervay, Director, Community Development & Planning, Modifying the provisions of Chapter 1419, Additional Development Regulations, of the Cincinnati Zoning Code by amending Section 1419-21. (APPROVED BY THE CITY PLANNING COMMISSION 3/17/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY, APRIL 17, 2006 AT 3:00 P.M.)

ORDINANCE, submitted by 3/23/2006, by Michael L. Cervay, Director, Community Development & Planning, modifying the provisions of Chapter 1401, Definitions, of the Cincinnati Zoning Code by amending Section 1401-01-06 and reordaining former Section 1401-01-06 as Section 1401-01-07. (APPROVED BY THE CITY PLANNING COMMISSION 3/17/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, MONDAY APRIL 17, 2006 AT 3:00 P.M.)

ORDINANCE, dated 5/4/2005, submitted by Michael L. Cervay, Director, Community Development & Planning, modifying the provisions of Chapter 1425, Parking and Loading Regulations, of the Cincinnati Zoning Code by amending Section 1425-17.

ORDINANCE, dated 1/20/2006, submitted by Michael L. Cervay, Director, Community Development & Planning, modifying the provisions of Chapter 1401, Definitions, of the Cincinnati Zoning Code, by amending Section 1401-01-06 and reordaining former Section 1401-01-06 as Section 1401-01-07. (APPROVED BY THE CITY PLANNING COMMISSION 12/16/2005) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON MONDAY FEBRUARY 6, 2006 AT 3:00 P.M.)

ORDINANCE, submitted on 1/12/2006, by Michael L. Cervay, Director, Community Development & Planning, Modifying the provision of Chapter 1419, Additional Development Regulation, of the Cincinnati Zoning Code by amending Section 1419-23. (APPROVED BY THE CITY PLANNING COMMISSION 12/16/2005) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY, APRIL 17, 2006 AT 3:00 P.M.)

ORDINANCE, dated 3/23/2006, by Michael L. Cervay, Director, Community Development & Planning, Modifying the provisions of Chapter 1425, Parking and Loading Regulations, of the Cincinnati Zoning Code by amending Schedule 1425-19-A: Off-Street Parking and Loading Requirements. (APPROVED BY THE CITY PLANNING COMMISSION 3/17/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY, APRIL 17, 2006 AT 3:00 P.M.)

ORDINANCE, submitted on 1/10/2006, by Michael L. Cervay, Director, Community Development & Planning, modifying the provisions of Chapter 1401, Definitions, of the Cincinnati Zoning Code by amending Section 1401-01-P10. (APPROVED BY THE CITY PLANNING COMMISSION 12/16/2005) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY, APRIL 17, 2006 AT 3:00 P.M.)

ORDINANCE, dated 1/10/2006, submitted by Michael L. Cervay, Director, Community Development & Planning, modifying Title XIV, Zoning Code of the City of Cincinnati, of the Cincinnati Municipal Code by amending Section 1409-07: Use Regulations - Commercial Subdistricts. (APPROVED BY THE CITY PLANNING COMMISSION 12/16/2005) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY, APRIL 17, 2006 AT 3:00 P.M.)

ORDINANCE, submitted on 2/17/2006, by Michael L. Cervay, Director, Community Development & Planning modifying Title XIV, Zoning Code of the City of Cincinnati, of the Cincinnati Municipal Code by amending Section 1409-09: Development Regulations-Commercial Districts. (APPROVED BY THE CITY PLANNING COMMISSION 12/16/2005) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY, APRIL 17, 2006 AT 3:00 P.M.)

ORDINANCE, submitted on 2/23/2006, by Michael L. Cervay, Director, Community Development & Planning modifying the provisions of Chapter 1447, Nonconforming Uses and Structures, of the Cincinnati Zoning Code by amending Section 1447-09. (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY, APRIL 17, 2006 AT 3:00 P.M.)

ORDINANCE, dated 1/27/2006, submitted by Michael L. Cervay, Director, Community Development & Planning, modifying the provisions of Chapter 1411, Downtown Development Districts, of the Cincinnati Zoning Code by amending Map 1411-13, Maximum Building Height Overlay, to correct a scrivener's error. (APPROVED BY THE CITY PLANNING COMMISSION ON 12/16/2005) (PUBLIC HEARING WILL BE HELD ON MONDAY, 4/17/2006 AT 3:00 P.M. BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE)

ORDINANCE, submitted by Michael L. Cervay,Director, Community Development & Planning modifying the provisions of Chapter 1401, Definitions, of the Cincinnati Zoning Code by amending Section 1401-01-07 and reordaining former Section 1401-01-07 as Section 1401-01-08.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Bernadine Ruth Franklin, Finance Manager, Department of Finance/Division of Purchasing.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Laura Porter, Deputy Director, Community Development & Planning.

STATEMENT, submitted by the Clerk of Council, formally filing a cop of the Financial Disclosure Statement for Kenneth E. Glenn, Interim Executive Director, Citizen Complaint Authority.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Y. Laketa Cole, Councilmember.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Christopher R. Monzel, Councilmember.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Kathi A. Ranford, Operations Manager, Community Development & Planning.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for James R. Tarbell, Vice Mayor.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Mark Mallory, Mayor.

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Michael Reece Moore, City Architect, Transportation and Engineering.

MOTION, dated 3/10/2006, submitted by Vice-Mayor Tarbell, that the official meeting time for the Arts, Culture, Tourism and Marketing Committee be changed to "as announced."

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.

REPORT, dated 3/6/2006, submitted by David E. Rager, City Manager, on a communication, dated 02/8/2006, submitted by Councilmember Chris Bortz, The JFP Group. Thank you for meeting with Dave Schaff and me. I appreciate the opportunity to inform you about my new endeavor in real estate development with The JFP Group and talk about our shared passion for urban redevelopment in Cincinnati. I appreciate your knowledge on a broad range of issues, particularly economic development, and I look forward to working with you in the future.

RESOLUTION, dated April 13, 2006, submitted by Councilmember Chris Bortz from J. Rita McNeil, City Solicitor 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.