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:

RESOLUTION, dated 6/5/2006, submitted by Vice Mayor Tarbell, RECOGNIZING the lifetime contributions of George Rowe, Jr. who passed away recently and expressing City Council's condolences to his family and to the community.

RESOLUTION, dated 6/6/2006, submitted by Councilmember Cole, ENDORSING the U.S. Mayors Climate Protection Agreement.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the grant of a permanent aerial easement over Michigan Avenue to Michigan Terrace LLC for the location of cantilevered fascia and balconies, which aerial interest is not needed for any municipal purpose.

ORDINANCE submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the grant of a permanent easement within the Michigan Avenue right-of-way to Michigan Terrace LLC for the location of private sewer lines, which interest is not needed for any municipal purpose.

ORDINANCE submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the grant of a permanent easement within the Michigan Avenue right-of-way to Michigan Terrace LLC for the location of electrical lines, which interest is not needed for any municipal purpose.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the City Manager to execute any necessary and appropriate documents to extend an additional grant from federal HOME funds to Working in Neighborhoods, an Ohio not-for-profit corporation, in the amount of Fifty Three Thousand and One 00/100 Dollars ($53,001.00), for a total grant amount of Four Hundred Seventy Three Thousand Seven Hundred Forty Two and 00/100 Dollars ($473,742.00), for the completion of the rehabilitation and conversion of the former St. Pius property, located at 1814 Dreman Avenue in South Cumminsville, into an independent living facility for senior citizens.

ORDINANCE submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the City Manager to accept an amount of up to $15,000.00 from DCI Development Company to provide funding for the preparation of a blight study in the East End.

ORDINANCE submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the sale of Dolores Alley, which is no longer needed for municipal or street purposes, to the Hamilton County Alcohol and Drug Addiction Services Board.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the transfer of and return to source Funds 050, 102, 104, 107, 377, 424, 638, 757, 758, 759, 761, 852, 858, 868, 870, and 871 the sum of $1,966,562.89 from various capital improvement project accounts for the purpose of closing out or decreasing certain existing capital improvement accounts and providing resources for the 2007 Capital Improvement Program; authorizing the transfer and appropriation of the sum of $415,007.71 from the unappropriated surplus of Funds 638, 758, 858, and 870 to existing capital improvement program project accounts for the purpose of providing additional resources for certain capital improvement program project accounts; and authorizing the transfer and appropriation of the sum of $14,700.00 from the unappropriated surplus of General Aviation Fund 104 to newly-established capital improvement project account no. 980x234x03259 (Airport Signage ?06) for the purpose of providing resources for new signage along Airport Road at Lunken Airport to improve safety; and further authorizing the transfer and appropriation of the sum of $265,000.00 from the unappropriated surplus of Income Tax Permanent Improvement Fund 758 to newly-established capital improvement project account no. 980x202x03260 (Green Building Pilot Project) for the purpose of providing resources to determine the effectiveness of renewable energy sources at the Parks Department's Administration Building in Eden Park.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the grant of a permanent easement over City-owned property adjacent to Mehring Way and to One Lytle Place Apartments Partners, L.P., and modifying a perviously-approved property, which real property interests are no longer needed for any municipal purpose.

ORDINANCE submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the City Manager to accept $3,600,000.00 from the Otto Armleder Memorial Trust for a new regional aquatic center to be located in the West Price Hill/Westwood community; approving the designating the name of the aquatic center as "The Otto Armleder Memorial Regional Aquatic Center;" and further authorizing the City Manager to execute the Restrictive Covenant for The Otto Armleder Memorial Regional Aquatic Center; and further authorizing the City Manager to enter into a Disbursement Agreement for The Otto Armleder Memorial Regional Aquatic Center.

ORDINANCE submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the City Manager to enter into a Joint Usage Agreement with The Clifton Cultural Arts Centre for the parking lot and outdoor area of the Clifton Recreation Center.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the City Manager to execute any necessary and appropriate documents to extend a loan from federal HOME funds to the Salvation Army Booth Residence, L.P., in the amount of Seven Hundred Fifty Thousand and 00/100 Dollars ($750,000.00), for the repair and rehabilitation of real property located at 6000 Townevista Drive, for rental to low-income households.

ORDINANCE submitted by David E. Rager, City Manager, on 6/7/2006, authorizing and directing the City Manager to establish terms and conditions for the presentation of the Oktoberfest celebration by the Cincinnati USA Regional Chamber of Commerce on Fountain Square, Government Square, Fifth Street from Race Street to Broadway, Vine Street from Fourth Street to Sixth Street, Walnut Street from Fourth Street to Sixth Street, Main Street from Fourth Street to Sixth Street, and Sycamore Street from Fourth Street to Sixth Street beginning at 6:00 P.M. on Friday, September 15, 2006 and ending at 6:00 A.M on Monday, September 18, 2006; authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of Oktoberfest, notwithstanding the provisions of Chapter 713, Section 723-1, Chapter 839, Chapter 845, Section 506-91, Chapter 321 and other purchasing related ordinances and any other provisions of the Cincinnati Municipal Code which would prohibit programs deemed proper by the City Manager in the presentation of Oktoberfest; approving the use of the above described area for the sale of beer and wine subject to the issuance of the proper licenses by the State of Ohio and procurement of liquor liability insurance; prohibiting the solicitation of monies; prohibiting the sale of wares by peddlers and itinerant vendors except by persons associated with and as authorized by the Cincinnati USA Regional Chamber of Commerce in the area bounded by the north curb line of Fourth Street from Race Street to Broadway, the east curb line of Broadway from Fourth Street to Sixth Street, the curb line on the south side of Sixth Street from Race Street to Broadway, and the west curb line of Race Street from Fourth Street to Sixth Street for the period of time beginning at 11:00 A.M., September 16, 2006 through 10:00 P.M., September 17, 2006.

ORDINANCE submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the sale of a portion of Gerard Street, between Martin Luther King Drive and Stetson Street in the Corryville community, to the Corryville Community Development Corporation, which real property is no longer needed for any municipal purpose.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/7/2006, authorizing the City Manager to apply for and accept a grant of approximately $73,222.00 from the State of Ohio, Office of the Attorney General, for the purpose of funding the Homicide Victims Assistance Program through the University of Cincinnati's Department of School Services.

REPORT, dated 6/7/2006, 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 Venture Group, LLC DBA 3028 Colerain Avenue. (#1709345, New, C1, C2) [Objections: None]

REPORT, dated 6/7/2006, 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 Aatma, LLC DBA Cumin, 3520 Erie Avenue. (#0011459, Transfer of Ownership and Location, D1, D2, D3, D3A, D6) [Objections: None]

REPORT, dated 6/7/2006, submitted by David E. Rager, City Manager, regarding the 2007/2008 biennial budget development. (REPORT ON FILE IN CLERK'S OFFICE)

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. (APPROVED BY CITY PLANNING COMMISSION ON 6/2/2006)

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. (APPROVED BY CITY PLANNING COMMISSION ON 6/2/2006)

COMMUNICATION, dated 5/31/2006, submitted by the Clerk of Council from James P. Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding New Permit Application, Permit #4425685, Class C-1-2, Kebena, Inc., dba Johnny Food Mart, 732 East McMillan Street, 1st Floor, Cincinnati, Ohio 45206. Hearing will be held on June 23, 2006 at 11:00 a.m. at City Hall, 801 Plum Street, Room B.

COMMUNICATION, dated 5/31/2006, submitted by the Clerk of Council from James P. Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding New Permit Appplication, Permit #7848437-0005, Class C-1-2, Sarah Marie Schmitt dba Papa Dello's Pizza & Carryout, 4030 West Eighth Street, Cincinnati, Ohio 45205. Hearing will be held on June 23, 2006 at 10:00 a.m., City Hall, Room B.

COMMUNICATION, dated 5/31/2006, submitted by the Clerk of Council, from James P. Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding Transfer of Ownership Application, Permit #1494036, Class D-1-2-3-3A-6, Cincinnati Restaurant Properties, VI, LLC, 1st Floor, West Wing & Patio, 2444 Madison Road, Cincinnati, Ohio 45206. Hearing will be held on June 23, 2006 at 1:30 p.m., City Hall, Room B.

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 (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 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, 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 3/29/2006, submitted by David E. Rager, City Manager, on a communication, dated 2/22/2006, submitted by Councilmember Cole, from Steve Slack, Clifton Town Meeting, P.O. Box 20042, Cincinnati, Ohio 45220, regarding a resolution concerning the Groesbeck Fund and music in Burnet Woods.

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

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).

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.

MOTION, dated 5/31/06, submitted by Councilmember Laketa Cole that the administration collaborate with the City's Committee on Reinvestment to develop a strategy to close the credit gap using the information contained in the NCRC as presented to the Vibrant Neighborhoods Committee on May 31, 2006, and further move that the administration collaborate with the City's Committee on Reinvestment to formulate measurable goals for improvement for individual lenders, beginning with City depositories, using the indicators in the NCRC study as baseline data. (STATEMENT ATTACHED)

REPORT, dated 5/31/06, submitted by David E. Rager, City Manager, Community Reinvestment Act Report.