Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cranley, Crowley, Cole Ghiz, Monzel, Tarbell and Thomas (9)

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 Chris Monzel to serve as the City of Cincinnati representative for the Tax Incentive Review Council. His term is set to expire in November of 2006.

ORDINANCE, dated 5/19/2006, submitted by Councilmember Bortz, NOTWITHSTANDING the provisions of Chapter 1407, Office Districts of the Cincinnati Zoning Code, authorizing the Director of Buildings and Inspections to issue a certificate of occupancy for use of the property at 5055 Wooster Pike as a landscaping business.

RESOLUTION, dated 5/15/2006, submitted by Councilmember Cole, recognizing National Public Works Week and the Department of Public Services' 2005 Employee of the Year.

MOTION, dated 5/24/2006, submitted by Councilmembers Cranley, Ghiz, Crowley, Thomas, Bortz, Monzel, Berding, Cole and Vice Mayor Tarbell, that Community Development and Planning conduct a Zoning Study of the property bounded by McPherson, Van Vey, Enright and Warsaw Streets. The goal of the study is to change the current zoning to a designation that will accommodate the Price Hill Kroger development.

ORDINANCE, dated 5/18/2006, submitted by Councilmember Crowley, NOTWITHSTANDING the provisions of Chapter 1405, Residential Multi-family Districts of the Cincinnati Zoning Code, authorizing the Director of Buildings and Inspections to issue a temporary certificate of occupancy for use of the property at 2601 Stanton Avenue as a recording studio.

MOTION, dated 5/18/2006, submitted by Councilmember Monzel, that the City of Cincinnati rollback the 2007 General Fund Millage to a level that will continue to generate $28,988,000 in annual property tax colletions. According to recent estimates an effective rate of 4.5 mills will achieve this goal. (STATEMENT ATTACHED)

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/1/2006, approving and adopting the Burnet Avenue Urban Renewal Plan as the City's planning guide for properties within the Burnet Avenue Urban Renewal Plan boundaries and as the City's Urban Renewal Plan for the elimination of blight within the Burnet Avenue Urban Renewal Plan boundaries.

ORDINANCE submitted by David E. Rager, City Manager, on 6/1/2006 to levy special assessments to pay for a portion of special street lighting, decorative poles, and fixtures for three years beginning August 1, 2005 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 6/1/2006, modifying provisions of the Cincinnati Municipal Code and the Cincinnati Administrative Code by AMENDING Sections 713-41, 713-43, 308-45, 312-25, of the Cincinnati Municipal Code; AMENDING Article II, Section 5, and Article IX, Section 24 of the Cincinnati Administrative Code; and REPEALING Section 308-67 of the Cincinnati Municipal Code, and Article VII of the Cincinnati Adminstrative Code, all for the purpose of adjusting the code section to be consistent with terms of the new agreement for the management of the Convention Center.

ORDINANCE submitted by David E. Rager, City Manager, on 6/1/2006, authorizing the sale of Fleet Street and part of Anchorage Road, which are no longer needed for street or other municipal purposes, to Martin Marietta Materials, Inc.

ORDINANCE submitted by David E. Rager, City Manager, on 6/1/2006, authorizing the City Manager to execute a First Amendment to Office Space Lease Agreement with Burke, Inc. for approximately 52,556 square feet of the Two Centennial Building located at 805 Central Avenue, which space is not needed for any municipal purpose during the term of the lease.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/1/2006, authorizing the sale of surplus City owned real property located in the rear of 19 Garfield Place, which real property is no longer needed for any municipal purpose.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/1/2006, authorizing the closure of existing CDBG project accounts 304x164x60000 and 304x164x60001 and the transfer of $3,000,000.00 to existing project account 304x162x61202 for the purpose of providing funding for projects that meet the objectives delineated within the City's Consolidated Plan and the Motion adopted by City Council, Document #200600446, on May 3, 2006, and that will assist in the meeting of HUD expenditure timeliness requirements.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/1/2006, providing for the issuance of, not to exceed $12,674,301.00 renewal notes by the City of Cincinnati, Ohio, in anticipation of the issuance of bonds, to refund notes originally issued to provide funds for the construction, installation and equipping of parking improvements.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/1/2006, providing for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio, in the principal amount not to exceed $2,500,000.00 for the purpose of providing funds for recreational facilities.

ORDINANCE submitted by David E. Rager, City Manager, on 6/1/2006, authorizing the City Manager to do all things necessary to cooperate with the Director of the Ohio Department of Transportation (ODOT) to study the I-75 corridor for access improvements including interchanges at Hopple Street, IR 74 and Mitchell Avenue (HAM-IR 75-2.30).

ORDINANCE submitted by David E. Rager, City Manager, on 6/1/2006, authorizing the City Manager to do all things necessary to cooperate with the Director of the Ohio Department of Transportation (ODOT) in order to complete the "Waldvogel Viaduct Replacement" street improvement project (HAM-50-18.79).

REPORT, dated 6/1/2006, 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 Areej, Inc. DBA Shop Rite, 7911 Reading Road. (#0259572, Transfer of Ownership, C1, C2, D6) [Objections: None]

REPORT, dated 6/1/2006, 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 National Underground Railroad Freedom Center, Inc. DBA (None listed), 50 East Freedom Way. (#6313419, New, D5H) [Objections: None].

REPORT, dated 6/1/2006, 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 Ronald Ries DBA (None listed), 5800 Colerain Avenue. (#7373080, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: None]

REPORT, dated 6/1/2006, 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 35 East Seventh, LLC DBA Buckhead Saloon, 35 East Seventh Street. (#8871305, Transfer of Ownership and Location, D1, D2, D3) [Objections: None].

REPORT, dated 6/1/2006, 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 1140 BC LLC DBA Jekyll & Hydes, 1140-42 Main Street, 2nd and 3rd floors. (#2471401, Transfer of Ownership, D5, D6) [Objections: None]

REPORT, dated 6/1/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising a permit application for Mandy's Landing, LLC DBA Mandy's Landing, 4331 River Road. (#5476770, New, C1) [Objections: Department of Buildings and Inspections]

REPORT, dated 6/1/2006, 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 Convenience Management Services, Inc. DBA (None listed), 55 Kirby Lane & Gas Pumps, Excluding Food Area. (#17090950145, Transfer of Ownership, C1, C2, C6) [Objections: None].

REPORT, dated 6/1/2006, 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 NE Harrison, Inc. DBA Phone Market, 1932 Harrison Avenue. (#6321871, New, C1, C2) [Objections: None].

REPORT, dated 6/1/2006, submitted by David E. Rager, City Manager, regarding the Department of Finance reports for the month ended April 30, 2006. (REPORT ON FILE IN CLERK'S OFFICE).

REPORT, dated 6/1/2006, 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 Mount Adams Tap Room, Inc. DBA One Eyed Jacks, 3195 Linwood Avenue, 1st Floor. (#62119720010, Transfer of Ownership and Location, D2) [Objections: None]

REPORT, dated 6/1/2006, submitted by David E. Rager, City Manager, regarding the funding recommendations for 2006 competitive arts grants.

REPORT, dated 6/1/2006, 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 Popes Market, LLC DBA (None listed), 2306 Vine Street. (#7020111, New, C1, C2, D6) [Objections: City of Cincinnati Police Department, Mount Auburn Community Council, Park Board and the City of Cincinnati Recreation Commission]

MOTION, dated 05/25/06, submitted by Vice-Mayor Tarbell, that the following organizations receive arts grants from the Capital Arts Fund.

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.

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)

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.

ORDINANCE, submitted by David E. Rager, City Manager on 5/31/06, ORDAINING new Title XVI of the Cincinnati Municipal Code, "Neighborhood Quality of Life Unified Code," for the purpose of streamlining and facilitating code enforcement by the various City agencies charged with the responsibility of enforcing provisions of the City's Building, Fire, Health and other Municipal Code provisions related to public safety or public health.

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.