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 Asst. City Manager Scott Stiles Asst. Solicitor Ernest McAdams 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:

COMMUNICATION, dated 4/16/2006, submitted by Councilmember Cole, from Belinda Cox, @btcox7@hotmail.com regarding discrimination at CMHA.

MOTION, dated 4/21/2006, submitted by Councilmember Thomas, that the City Administration investigate and report back on the feasibility of installing a stop sign or traffic signal somewhere on Hewitt Avenue, preferably at the intersection of Fairfield or Trimble Avenues in the Evanston community. (STATEMENT ATTACHED)

MOTION, submitted by Councilmember Thomas, that the City Administration investigate and report back on the feasibility of installing a traffic signal or stop sign at the intersection of Glen Parker and Hamilton Avenues in the Northside community. (STATEMENT ATTACHED)

MOTION, dated 4/21/206, submitted by Councilmember Thomas, that the City Administration determine the status of the City of Cincinnati's $15,000 commitment to installing speed bumps on Wess Park Drive in the North Avondale community. (STATEMENT ATTACHED)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/26/2006, amending the provisions of Chapter 759, "Use of a Motor Vehicle to Facilitate a Prostitution or Drug Related Crime," in order to include the impoundment of vehicles pursuant to drug related crimes contained in the Cincinnati Municipal Code.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/26/2006, establishing Fund No. 364, "911 Cell Phone Fees" for the purpose of accounting for monies collected in accordance with the Federal Communications Commission's rules relating to the collection of the 911 wireless surcharge revenue.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/26/2006, authorizing the grant of a permanent easement within the Fifth Street right-of-way to Starwood Cincinnati CMBS I, LLC for the encroachment of a building, which interest is not needed for any municipal purpose.

ORDINANCE submitted by David E. Rager, City Manager, on 4/26/2006, authorizing the transfer of the sum of $465,000 from Water Works Fund 101 non-personnel account no. 309x7700 to Water Works Fund 101 non-personnel account no. 303x7200 and further authorizing the transfer and appropriation of the sum of $1,104,000 from the unappropriated surplus of Water Works Fund 101 to Water Works Fund 101 account no. 303x7200 for the purpose of realigning expenditure budgets and providing funds for the ongoing needs of the Cincinnati Water Works Department.

REPORT, dated 4/26/2006, submitted by David E. Rager, City Manager, regarding the 2006 First Quarter Housing Docket.

RESOLUTION submitted by David E. Rager, City Manager, on 4/26/2006, expressing City Council's support of the American Can Building LLC's proposed abatement and renovation of a building located at 4101 Spring Grove Avenue in Northside and supporting the Port of Greater Cincinnati Development Authority's application with the State of Ohio to participate in the Clean Ohio Assistance Fund.

ORDINANCE, dated 4/21/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, to rezone certain property in the Central Business District, commonly known as "The Banks," located south of Second Street between Elm Street and Main Street and extending to Central Avenue and Broadway south of Mehring Way, from the DD-D, Downtown Development District, Subdistrict D-Riverfront, to PD No. 43, Planned Development District. (APPROVED BY THE CITY PLANNING COMMISSION ON FEBRUARY 17, 2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON MONDAY, MAY 15, 2006 AT 3:00 P.M.)(MAP ON FILE IN THE CLERK OF COUNCIL'S OFFICE)

ORDINANCE, dated 4/14/2006, submitted by Margaret Wuerstle, AICP, Chief Planner, to rezone certain property at 2300-2308, and 2312 Beechmont and 6206 Roxbury in the Mt. Washington neighborhood from the RM-1.2, Residential Multi-Family District and CC-P, Commercial Community-Pedestrian District, to the CC-M, Commercial Community Mixed District. (DISAPPROVED BY THE CITY PLANNING COMMISSION ON MARCH 3, 2006) PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON MONDAY MAY 15, 2006 AT 3:00 P.M.)

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Alicia Reece, Vice Mayor.

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

STATEMENT, submitted by the Clerk of Council, formally filing a copy of the Financial Disclosure Statement for Rochelle Thompson, Contract Compliance Officer.

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.

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. (MR. BORTZ IS EXCUSED FROM VOTING ON THIS ITEM)

ORDINANCE 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, 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 3/22/2006, authorizing the sale of part of Marquis Street north of Florence Avenue, which is no longer needed for municipal or street purposes, to Calbre, LLC. (SEE ALSO DOC # 200600247)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/24/2006, approving payment to Towne/Adams Village A LLC in the amount of $1,680,409.96 for public infrastructure constructed in accordance with a Service Agreement. (MR. BORTZ IS EXCUSED FROM VOTING ON THIS ITEM)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/24/2006, amending Ordinance No. 413-2002 to change the percentage of expected aggregate service payments in the District 3 - Downtown/OTR West incentive district to be used for public infrastructure improvement and housing renovations, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/24/2006, authorizing the transfer of $2.4 million according to the attached Schedule of Transfer, for the purpose of funding the $16.7 million Gateway II Project, which will be located at the Southwest Corner of 12th and Vine Streets, and which will include 1st floor commerical space, approximately twenty apartment units to be leased to the Cincinnati Art Academy for student housing and approximately forty condominium units; which Gateway II Project shall also include funding from the 3CDC Cincinnati Equity Fund and New Market tax credits.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/24/2006, authorizing the City Manager to execute a grant agreement with Gateway II, LLC, in the amount of $2,400,000.00 in the order to assist in the provision of 60 residental units (48 homeownership, 12 rental) in 13 currently vacant buildings at 1133-35, 1201-11, 1213, 1214-1220, Vine Street and 1207-15 Republic Street.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/24/2006, approving the execution of a Tax Increment Financing and Cooperative Agreement with Gateway II, LLC and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 4/24/2006, authorizing the sale of surplus City-owned landlocked real property known as Auditor's parcel 145-1-326, to Middle Earth 327 West Fourth LLC, which real property is no longer needed for any municipal purpose.

ORDINANCE submitted by David E. Rager, City Manager, on 3/8/2006, authorizing the sale of surplus of City-owned real property located at 1924 Auburn Avenue to Keys Hill Development, LLC, which real property is no longer needed for any municipal purpose. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 4/7/2006)

ORDINANCE submitted by David E. Rager, City Manager, on 3/15/2006, authorizing the City Manager to enter into a Lease Agreement with Frisch Ohio, Inc. for property on Central Parkway not needed for any municipal purpose during the term of the lease. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 4/7/2006)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 3/29/2006, accepting an easement for pedestrian use through property located at 525 Vine Street granted by 525 Vine Street, LLC. (APPROVED BY THE CITY PLANNING COMMISSION ON 4/21/2006)

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. (APPROVED BY THE CITY PLANNING COMMISSION ON 4/21/2006)

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.

REPORT, submitted by J. Rita McNeil, City Solicitor, on 4/7/06, Regarding Potential Legal Issues Presented by the Creation of a Chronic Nuisance Property Reduction Program