Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cranley, Crowley, Ghiz, Monzel, Tarbell and Thomas (8)

Also in attendance were City Manager Dave Rager 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 5/23/2006, submitted by Mayor Mallory, recommending that Councilmember Monzel to serve as the City of Cincinnati representative for the Hamilton County Tax Incentive Review Council. His term is set to expire in November of 2006.

MOTION, dated 5/24/2006, submitted by Councilmember Berding, 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" festival, held in downtown Cincinnati, and honor our past commitment to this event by taking steps necessary to approve free or at a subsidized rate fire and EMS services for the 2006 festival. (STATEMENT ATTACHED)

ORDINANCE, (EMERGENCY) submitted by Councilmember Cranley, AUTHORIZING the City Manager to enter into a Memorandum of Understanding with Hamilton County agreeing that the City of Cincinnati and Hamilton County will jointly apply for and accept a grant in the total amount of $407,335.00 from the FY 2006 Byrne Justice Assistance Grant program, which grant will be divided equally between the City of Cincinnati and Hamilton County; and further AUTHORIZING the City Manager to jointly apply for and accept a grant jointly with Hamilton County in the total amount of $407,335.00 from the FY 2006 Byrne Justice Assistance Grant program to be used to fund the Sexual Assault Advocate Program for 2007 and 2008 and the Police Visibility Overtime Program for 2007 and 2008.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/22/2006, authorizing the City Manager to enter into a second Professional Service Agreement with the National Community Reinvestment Coalition, in an amount not to exceed Three Thousand and 00/100 Dollars ($3,000.00), to provide for the National Community Reinvestment Coalition representatives to travel to Cincinnati and present its findings and recommendations related to the CRA Study to City administrators, Community Reinvestment Act ("CRA") Committee members and City Council.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/24/2006, authorizing the transfer and appropriation of funding between various operating accounts within the Convention Center Fund 103 for the purpose of providing adequate funding in non-personnel services to support contractual services for management of the Duke Energy Center for the remainder of the 2006 Budget Year; AUTHORIZING the transfer from operating account no. 103x243x7100 to operating account no. 103x243x7200-7400 in an amount not to exceed the unencumbered balance in operating account no. 103x243x7100 as of June 30, 2006; and AUTHORIZING the transfer from all non-departmental operating accounts (including 103x911x7400, 103x915x7400, 103x916x7400, 103x917x7400, 103x918x7400, 103x921x7400, 103x926x7400, and 103x944x7200) in an amount not to exceed the unencumbered balances in these non-departmental operating accounts as of June 30, 2006 to operating account no. 103x243x7200-7400.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/24/2006, approving the Metropolitan Sewer District's Wet Weather Improvement Program to be submitted to the U.S. Environmental Protection Agency pursuant to the Global Consent Decree.

ORDINANCE submitted by David E. Rager, City Manager, on 5/24/2006, modifying the provisions of Chapter 414, Valet Parking, of the Cincinnati Municipal Code, by amending Section 414-11, Minimum Requirements of a Valet Parking Business.

REPORT, dated 5/24/2006, submitted by David E. Rager, City Manager, on a motion, dated 4/21/2006, 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)

REPORT, dated 5/24/2006, submitted by David E. Rager, City Manager, on a communication, dated 4/16/2006, submitted by Councilmember Cole, from Belinda Cox, @btcox7@hotmail.com regarding discrimination at CMHA.

REPORT, dated 5/24/2006, submitted by David E. Rager, City Manager, regarding a petition for a second amendment of the Oakley North Urban renewal plan.

REPORT, dated 5/24/2006, submitted by David E. Rager, City Manager, regarding Tax Incentive Review Council (TIRC) appointments.

RESOLUTION submitted by David E. Rager, City Manager, on 5/24/2006, expressing the approval of the Council of the City of Cincinnati for the Cirque du Soleil to be held on the central riverfront property known as "The Banks" throughout August and September of 2006, under the provisions of Section 825-5 of the Cincinnati Municipal Code, which restricts the conduct of a circus for a period in excess of three consecutive days, unless approved by Council.

ORDINANCE, dated 5/16/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and 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 4/21/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY, JUNE 12, 2006 AT 3:00 P.M.)

ORDINANCE, dated 5/17/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, modifying the provisions of Chapter 1427-01, Sign Regulations of the Cincinnati Zoning Code by amending Section 1427-01. (APPROVED BY THE CITY PLANNING COMMISSION 3/17/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY, JUNE 12, 2006 AT 3:00 P.M.)

ORDINANCE, dated 5/17/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, modifying the provisions of Chapter 1419, Additional Development Regulations, of the Cincinnati Zoning Code by amending Section 1419-21. (DISAPPROVED BY THE CITY PLANNING COMMISSION 4/21/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY JUNE 12, 2006 AT 3:00 P.M.)

ORDINANCE, dated 5/17/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, modifying the provisions of Chapter 1401, Definitions, of the Cincinnati Zoning Code, by adding Section 1401-01-A15, Section 1401-01C, and Section 1401-01-M3 and reordaining former Section 1401-01-c through C22 as Section 1401-01-C1 through C23 and former Section 1401-01-M3 through M7 as Section 1401-01-M4 through M8. (APPROVED BY THE CITY PLANNING COMMISSION 2/17/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY, JUNE 12, 2006 AT 3:00 P.M.)

ORDINANCE (EMERGENCY) submitted David E. Rager, City Manager, on 3/15/2006, authorizing the sale of Klein Alley between McMillan Street and Calhoun Street, 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 5/3/2006, authorizing the grant of a permanent easement within the right-of-way of Kings Run Drive south of Sun Avenue to Sun Chemical Corporation which real property interest is no longer needed for any municipal purpose. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 5/19/2006)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/10/2006, authorizing the City Manager to apply for and accept a grant in the amount of $50,000.00 from the State of Ohio Department of Public Safety, Division of Emergency Medical Services ("EMS"), for the purpose of providing funding to the Cincinnati Fire Department in order to improve and enhance EMS operations, and purchase EMS Board-approved training and equipment.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 5/10/2006, approving payment in the amount of $1,245.00 to Perfect North Slopes as a moral obligation for services rendered to the Cincinnati Recreation Commission for a teen outing held on February 23, 2006.

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 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, 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.

ORDINANCE, submitted by David E. Rager, City Manager, on 5/10/2006, authorizing the City Manager and the Public Recreation Commission to establish terms and conditions for the presentation of the All American Birthday Party, by the Public Recreation Commission, City of Cincinnati, in cooperation with Cincy Latino, LLC, from 12:01 A.M. on June 30, 2006 to 12:00 Midnight on July 6, 2006, for the event area; and further 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 the All American Birthday Party at the Central Riverfront.

REPORT, dated 5/10/2006, submitted by David E. Rager, City Manager, on a motion, dated 4/12/06, 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)

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

RESOLUTION, dated 4/27/2006, submitted by Councilmember Cole, expressing City Council's support of and urging the Ohio General Assembly to pass Senate Bill No. 314 introduced by State Senator Eric Kearney, to increase the penalties for shooting a minor during the commission of a felony by requiring an additional ten-year sentence for anyone convicted of shooting a minor while committing a felony.