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 City Manager Dave Rager Solicitor Rita McNeil and Acting Clerk of Council Brenda Williams

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 5/9/2006, submitted by Mayor Mallory, the appointment of Ms. Sue Ann Painter to the Cincinnati Arts Association. Ms. Painter will replace J. Stephen Dobbins. Her term will be for 3 years and will expire on January 31, 2009.

REAPPOINTMENT, dated 5/9/2006, submitted by Mayor Mallory, the re-appointment of Ms. Merri Gaither Smith to the Cincinnati Arts Association. Ms. Smith will serve the 2nd term of her appointment, which will expire on January 31, 2009.

RESOLUTION, dated 5/17/2006, submitted by Mayor Mallory, expressing the intent of the Mayor to appoint Timothy H. Riordan to The Banks Working Group.

COMMUNICATION, dated 5/8/2006, submitted by Councilmember Cole, from Linda Russell, 3839 Gatewood Drive, Cincinnati, Ohio 45245, regarding her father Travis Russell Sr.'s Death Benefit.

MOTION, dated 5/1/2006, submitted by Councilmembers Cole, Crowley and Ghiz that section 10.4 of the City Council Rules be altered to read as follows: "Items not appearing on the agenda may be presented through the Committee Chair at his or her sole discretion; items introduced in this manner must be held for one meeting prior to a vote." (STATEMENT ATTACHED)

ORDINANCE, (EMERGENCY) submitted by Councilmember Monzel, amending Ordinance No. 342-2002, and repealing Ordinance No. 351-2004, to remove a time limit within which applications for Community Reinvestment Area exemptions must be made after completion of remodeling or new construction, in order to remain consistent with recent changes to state law.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/17/2006, authorizing the sale of a portion of Strafer Street, east of Columbia Parkway, which real property is no longer needed for any municipal purpose.

ORDINANCE submitted by David E. Rager, City Manager, on 5/17/2006, authorizing the sale of a portion of Lewis Street, which real property is no longer needed for any municipal purpose.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/17/2006, authorizing the City Administration to submit a request to the Ohio Board of Building Standards to certify the City of Cincinnati for enforcement of the Residential Code of Ohio with the condition that the Cincinnati Department of Buildings and Inspections shall exercise enforcement authority and accept and approve plans and specifications, and make inspections; and further AUTHORIZING the City Manager to enter into an agreement for such enforcement.

ORDINANCE submitted by David E. Rager, City Manager, on 5/17/2006, determining to proceed for one year beginning August 1, 2005 with special street lighting assessments on the following streets, or portions thereof: Hamilton Avenue, Willow Cove Drive, and Intern Court.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/17/2006, approving and authorizing the execution of the Design-Build Agreement between the City and Millworks Town Center LLC, providing for construction of the Kennedy Connector; declaring City ordinances and State laws applicable to competitive bidding to be inapplicable to such contract except as provided therein; and declaring an emergency.

ORDINANCE submitted by David E. Rager, City Manager, on 5/17/2006, approving and authorizing the execution of a Tax Increment Financing Cooperative Agreement with the Port of Greater Cincinnati Development Authority.

ORDINANCE submitted by David E. Rager, City Manager, on 5/17/2006, approving and authorizing the execution of a Service Agreement with Millworks Town Center LLC.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/17/2006, declaring improvements to certain parcels of real property to be a public purpose, describing the various public infrastructure improvements to be made to directly benefit the respective parcels, requiring the owners thereof to make service payments in lieu of taxes, establishing a municipal public improvement tax increment equivalent fund for the deposit of such service payments, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/17/2006, authorizing the City Manager to enter into and execute a development agreement with Millworks Town Center LLC for the construction of a mixed-use development project to be known as the "Millworks" to be located at the southwest corner of Marburg and Ibsen.

REPORT, dated 5/17/2006, submitted by David E. Rager, City Manager, regarding the Cincinnati Elections Commission Five-Month Post-Election report.

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)

COMMUNICATION, dated 5/9/2006, 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 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.

COMMUNICATION, dated 5/9/2006, 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 Transfer of Ownership Application, Permit #9133589, Class C-1-2, D-6, UDPRI, LLC, dba Glenway Market, 4420 Glenway Avenue, Cincinnati, Ohio 45205.

COMMUNICATION, dated 5/9/2006, 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 2005-2006 Renewal Application, Permit #7150652, Class D-5-6, R.P. McMurphy's Inc., dba R.P. McMurphy's Irish Pub & Coffee House, 2910 Wasson Road & Patios, Cincinnati, Ohio 45209.

COMMUNICATION, dated 4/25/2006, submitted by the Clerk of Council, from DCI, 617 Vine Street, Suite 1200, Cincinnati, Ohio 45202, regarding 2005 Annual Report.

MOTION, dated 06/13/2001 by Councilmember Booth, that the City Manager amend Rule 2.6 "Permission Required to Address Council", Rules of Council, to state the following: The following rules shall apply to the general public when they wish to speak before Council at a scheduled Council meeting:1.All speakers must fill out a speaker card. Speaker cards are to be filled out completely including name, address, organization (if applicable), and subject and submitted along with any material or information to be distributed. Completed cards are to be filed with the Clerk of Council and provided to the chairperson of the Law and Public Safety Committee no later than one half hour after the scheduled start of the Council meeting on the day the speaker wishes to speak before the Council. 2. Speakers must state their name, address, and subject prior to giving comments. Speakers comments must not contain obscenity, commercial advertising, defamation or slander. Speakers shall not conduct themselves in violation of the orderly conduct required provisions of the Cincinnati Municipal Code Section 704-3; disorderly conduct provisions of Ohio Revised Code Section 2917.11; or disturbing lawful meeting provisions of Ohio Revised Code 2917.12. 3. Any member of the Council, having been recognized by the Chair, may question the relevancy of comment or testimony being given by members of the public by asking the president to rule on the germaneness of such comment or testimony. If the subject does not concern the legislative and administrative responsibilities of City government, the Chair may refer the speaker to another public forum and/or deny the request. 4. Any person desiring to address Council on an action agenda item will be granted the privilege to speak for two minutes prior to Council action on the item. The definition of action agenda item is any agenda item that Council will take final action on. This includes any item on the agenda for filing, approval and filing, disapproval and filing, adoption, passage, and without recommendation. This does not include agenda items scheduled for committee. 5. Any person desiring to address Council on an agenda item that Council will not take final action on or a non-agenda item, will be granted the privilege to speak for two minutes at the conclusion of the regular agenda and Council by-leave. Addressing Council on a non-agenda item is intended to provide citizens with an opportunity to address the Council on new or other issues affecting the City of Cincinnati, and is not intended to provide a forum for commercial, political, or similar topics. 6. Only the speaker will be permitted at the lectern when addressing Council, unless authorization is otherwise granted by the Chair. 7. When any person before Council is, in the opinion of the presiding officer out of order, the presiding officer may declare said speaker out of order and may direct said speaker to cease and desist addressing the Council on the subject in question. If further action is required the Chair may order the speaker to be removed from the meeting. 8.No person shall be permitted to address the Council at any single session on more than two agenda or non-agenda items.__________________________ ____________________________________________________ __________________________

MOTION, dated 3/6/2006, submitted by Councilmembers Bortz, Crowley and Ghiz that the Economic Development Committee be moved from Monday at 3:00 PM (Week B) to Tuesday at 1:00 PM (Week B), effective the first week of May.

MOTION, dated 5/8/2006, submitted by Councilmembers Berding, Bortz, Ghiz, Cranley and Crowley, that the City Manager appoint an Advisory Committee to review government operations as a part of our reinventing government initiative. This committee will analyze results of the initial performance audit being conducted for the City Manager, make determinations on areas of government needing further review and reform, make advisory decisions on completing further analysis, and finally, make recommendations to the City Manager, Mayor and members of City Council of its findings. The Advisory Committee will be made up of the following: three members (one from each political party) of City Council; the City Manager (or his designee); two City department heads; two representatives from AFSCME; the internal city auditor; an external financial professional or auditor; two business executives; one professional trained in the human relations field, and one loaned executive to help staff the committee with assistance from a City staff person as designated by the City Manager. The group shall report back with their initial recommendations by October 1, 2006, and shall complete their work by December 1, 2006. (STATEMENT ATTACHED)

ORDINANCE submitted by David E. Rager, City Manager, on 5/3/2006, to exempt Paul R. Harkins, Water Works Construction Inspector, from the City of Cincinnati's residency requirements, notwithstanding Section 308-83 of the Cincinnati Municipal Code.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/10/2006, authorizing the City Manager to enter into an agreement with the U.S. Environmental Protection Agency's Water Security Division and the National Homeland Security Research Center to participate in the WaterSentinel Pilot Project, which will investigate the effectiveness responses to drinking water contamination threats and incidents.

MOTION, dated 05/08/2006, submitted by Councilmembers Berding, Bortz, Ghiz, and Vice-Mayor Tarbell, that Council approve the request from the Cincinnati USA Regional Chamber asking Council to recognize the value of the 2006 Taste of Cincinnati USA "Taste" and Oktoberfest-Zinzinnati "oktoberfest" USA festivals, held in downtown Cincinnati, and honor our past commitment to these events by taking steps necessary to approve free or at a subsidized rate fire and EMS services for the two 2006 festivals.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/3/2006, approving the 2006 Hamilton County Solid Waste Management Plan Update, as adopted by the Hamilton County Solid Waste Management District.

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