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 Acting City Manager David 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, submitted by Mayor Mallory, expressing Council's opposition to the Brent Spence Bridge Replacement/Rehabilitation Project Team's ("Project Team") proposed Alternative One and proposed Alternative Two for the Brent Spence Bridge ("the Bridge") and further urging the Project Team to find alternative methods for reducing congestion of the Bridge as part of its pending Brent Spence Bridge Replacement/Rehabilitation Project, in order to avoid significant economic losses in Cincinnati, particularly in Queensgate and the Cincinnati Museum Center, including the loss of jobs, the loss of future business development opportunities, and the loss of earnings and property taxes.

ORDINANCE, (EMERGENCY) dated 6-14-06 submitted by Councilmember James Tarbell, AUTHORIZING the City Manager to execute the Third Amendment to Funding Agreement for the Prevention or Elimination of Slums or Blight with Liberty & Main Properties, LLC.

ORDINANCE, (EMERGENCY) submitted by Vice Mayor Tarbell, authorizing and directing the City Manager to establish terms and conditions for the presentation of the 2nd Annual Cincinnati International Fiesta by MidwestLatino, the League of United Latin American Citizens, and the Inter-Ethnic Council of Greater Cincinnati on the grounds and streets surrounding the National Underground Railroad Freedom Center beginning on Saturday, August 12, 2006 at 2:00 p.m. and ending at 10:00 p.m.; AUTHORIZING and directing the City Manager to take such actions as are necessary and proper to implement the presentation of the 2nd Annual Cincinnati International Fiesta notwithstanding the provisions of Chapter 723, 839, and any other sections of the Cincinnati Municipal Code which would prohibit programs and activities deemed proper by the City Manager in the presentation of the 2nd Annual Cincinnati International Fiesta; and APPROVING the use of the above described area for the sale of beer and wine subject to the issuance of proper licenses by the State of Ohio and the procurement of liquor liability insurance.

ORDINANCE, (EMERGENCY) dated 6/28/2006, submitted by Councilmember Bortz, authorizing the City Manager to enter into the Contract for Sale for Private Redevelopment for approximately 20 acres of property on River Road with Coldstream Interests, LLC. (CITY PLANNING COMMISSION DISAPPROVED THIS ITEM ON 7/7/2006)

MOTION, submitted by Councilmember Bortz and Crowley and Cranley, that the administration draft an ordinance to license and regulate the day and temporary labor service agencies in the City of Cincinnati to the extent that state or federal law does not preempt specific requirements of the ordinance. Provisions to be addressed include, but are not limited to: Wages and Hour; Fees and Deductions; Agency Regulations; Transportation; Rights and Anti-Retaliation; Disclosure; Penalties for Violations; Licensing Fees. (STATEMENT ATTACHED)

MOTION, dated 7/25/2006, submitted by Councilmember Cole and Berding, that the City Health Department adopt a strong lead prevention mandate and the actions recommended in the 2004 lead advisory committee report as well as in motion #200306908. WE FURTHER MOVE that the Health Department report back on the feasibility of lowering the blood lead level that triggers environmental interventions from 10 mcg/dl to 5 mcg.dl. WE FURTHER MOVE that the City provide lead prevention care to pregnant women residing in high-risk areas. WE FURTHER MOVE that the City collaborate with other health and government entities to develop an educational program about the importance of early screening for lead. WE FURTHER MOVE that the administration develop an avenue to prosecute building owners who do not abate lead or disclose known lead hazards to renters or buyers. (STATEMENT ATTACHED)

COMMUNICATION, dated 6/22/2006, submitted by Councilmember Crowley, from Larry Swaisgood, Pastor, Hyde Park Bethlehem United Methodist Church, 3799 Hyde Park Avenue, Cincinnati, Ohio 45209-2321, regarding the new guidelines for Tall Stacks.

COMMUNICATION, dated 7/18/2006, submitted by Councilmember Crowley, from Kathleen Nicholson, President, O'Bryonville Business Association and Margaret H. Wyant, O'Bryonville Business and Property Owner, 2000 Madison Road, Cincinnati, Ohio 45208 regarding improving the safety, beauty and economic health of O'Bryonville.

COMMUNICATION, dated 6/28/2006, submitted by Councilmember Ghiz, from Lenny Carbonia, Chief, Cincinnati Private Police Association, 4987 Western Hill Avenue, Cincinnati, Ohio 45238, requesting funding for purchase of an additional 20 radios from the Cincinnati Police Division.

MOTION, dated 7/24/2006, submitted by Councilmember Monzel, that the City Administration undertake the following actions: 1. Begin the process of taking legal action against the Ohio Department of Rehabiliation & Corrections that will cause them to cease & desist the paroling of sexually orientated offenders (whose offense occurred outside of Hamilton County) to Cincinnati and Hamilton County. The Administration will report back to Council with a proposal outlining legal remedies that will make this action occur. 2. Develop a new city policy that will prohibit registered sexual offenders from utilizing swimming pools and related facilities operated by the Cincinnati Recreation Commission (CRC). 3. Immediatley prepare an ordinance that will enhance Ohio's sexual offender laws pertaining to residency restrictions (currently 1,000 feet from schools) to include recognized childcare centers, YMCA's, Boys & Girls Clubs, City Park playgrounds and other facilities and organizations where children congregate on an organized basis. (STATEMENT ATTACHED)

ORDINANCE, submitted by Councilmember Monzel, modifying the provisions of the City Municipal Code, Chapter 895 by adding Section 895-1-R, and Section 895-5 (b) and reordaining former Section 895-1-R to Section 895-1-R1, to prohibit outdoor advertising signs within 200 feet of a residential district boundary line.

ORDINANCE, (EMERGENCY) submitted by Councilmember Thomas, authorizing members of the Cincinnati Police Department to represent the Cincinnati Police Department at the Crime Stoppers Telethon on August 26, 2006, to answer phones and to assist in soliciting funds for Crime Stoppers.

ORDINANCE submitted by David E. Rager, City Manager, on 8/2/2006, authorizing the City Manager to enter into an 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 submitted by David E. Rager, City Manager, on 8/2/2006, authorizing the sale of surplus city owned property located at 312 Mulberry Street to Citadel Building Group, Ltd., which real property is no longer needed for any municipal purpose.

ORDINANCE submitted by David E. Rager, City Manager, on 8/2/2006, authorizing the granting of easements for erecting two canopies in favor of the property located at 303 Broadway, owned by the Port of Greater Cincinnati Development Authority, extending into the City of Cincinnati-owned right-of-way of Third Street and Broadway, which grant is not adverse to the interest in the real property retained by the City of Cincinnati.

ORDINANCE, (EMERGENCY) submitted by David E. Rager, City Manager, on 8/2/2006, authorizing the City Manager to apply for and accept three grants from the Governor's Highway Safety Office in the amounts of $66,191.42, $33,327.16, and $79,500.00 respectively, for the purpose of permitting the Cincinnati Police Department to intensify the enforcement against traffic violations that are the cause of fatal and injury-related crashes in areas identified as having a high incidence of injury-related vehicular crashes and to implement a safety program.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 8/2/2006, modifying Title V, Traffic Code, of the Cincinnati Municipal Code by amending Sections 509-2, 509-4, 509-5, 509-7, 509-8, and 509-10 thereof to implement the permanent installation of the Pay & Display parking systems; and establishing parking violations from use of this system subject to the same penalties as prescribed for meter violations.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 8/2/2006, to delete two special assessments on property on Sutton Avenue (Hamilton County Auditor's parcel 1-3-2), notwithstanding the provisions of Ordinance No. 254-2004 and Ordinance No. 302-2005.

ORDINANCE submitted by David E. Rager, City Manager, on 8/2/2006, authorizing the grant of eight (8) permanent aerial easements over Ogden Place to 4J Redevelopment LLC for locating and maintaining balconies, which aerial interests are not needed for any municipal purpose.

ORDINANCE submitted by David E. Rager, City Manager, on 8/2/2006, revising the compensation schedule for the classifications of Customer Relations Representative, Emergency 911 Operator, and Operator/Dispatcher, by amending Sections 756, 395 and 407, respectively, of Division 1, Chapter 307, of the Cincinnati Municipal Code and ORDAINING Supplemental Section 758 in Division 1, Chapter 307, of the Cincinnati Municipal Code, to establish the employment classification of Senior Customer Relations Representative, and fixing the compensation schedule therefore.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 8/2/2006, enacting supplemental Section 611 in Division 1, Chapter 307, of the Cincinnati Municipal Code for the prupose of establishing the employment classification of Electrical Maintenance Worker-3 (EMW-3), and fixing the compensation schedule therefore.

ORDINANCE submitted by David E. Rager, City Manager, on 8/2/2006, to levy special assessments on property for the total cost of securing unsafe buildings and demolishing condemned buildings pursuant to RC 715.261.

ORDINANCE, (EMERGENCY) submitted by David E. Rager, City Manager, on 8/2/2006, to delete a special assessment on property at 2441 Gilbert Avenue (Hamilton County Auditor's pracel 68-3-226), nothwithstanding the provisions of Ordinance No. 251-1999.

ORDINANCE submitted by David E. Rager, City Manager, on 8/2/2006, authorizing the reduction of current appropriations of existing Emergency Shelter Grant (ESG) project account no. 445x163x45015, Rapid Exit Program, for the purpose of reconciling the appropriated 2006 ESG budget to the actual grant award received from the U.S. Department of Housing and Urban Development (HUD).

ORDINANCE submitted by David E. Rager, City Manager, on 8/2/2006, authorizing the reduction of current appropriations for the 2006 Consolidated Plan Budget grant fund, HOME Investment Trust Fund 411, by $125,095 for the purpose of balancing the Approved Consolidated Plan Budget due to decrease grant awards to the City.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, dated 8/2/2006, approving the payment of $100,000.00 as a moral obligation to 3CDC for services provided to complete a Tax Increment Financing (TIF) District analysis on the twenty TIF districts in the City.

ORDINANCE, (EMERGENCY) submitted by David E. Rager, City Manager on 8/2/2006, authorizing the transfer of and return to source Fund 638 (Anthem Stock Sales) in the amount of $240,087 from existing capital improvement project account no. 980x164x02781 (Over-the-Rhine Plan Implementation); and further the transfer and appropriation of the amount of $240,087 from the unappropriated surplus of source Fund 638 (Anthem Stock Sales) to existing capital improvement project account no. 980x213x03189 (Hazard Abatement/Demolition Program '06) within the Department of Buildings and Inspections for the purpose of providing funding for the demolition of the Kaufman Building located at 1721-27 Vine Street.

ORDINANCE, (EMERGENCY) submitted by David E. Rager, City Manager on 8/2/2006, authorizing the transfer of and return to source Fund 638 (Anthem Stock Sales) in the amount of $450,000 from existing capital improvement project account no. 980x164x02781 (Over-the-Rhine Plan Implementation); and further the transfer and appropriation of the amount of $450,000 from the unappropriated surplus of source Fund 638 (Anthem Stock Sales) to newly-established capital improvement project account no. 980x162x03265 (Kaufman Building Restoration Project); and further the City Manager's acceptance of the proposal from O.W. Taylor LLC for the purpose of allowing for the stabilization and renovation of the Kaufman Building located at 1721-27 Vine Street.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 3/26/03, submitted by Councilmember Reece, from Thea Robinson 765 Ridgeway (45229), complaining of litter and debris, accumulating on the empty lot next to her home.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, submitted by Valerie A. Lemmie, City Manager, on 4/27/2005, urging the City Council of the City of Cincinnati to strictly enforce zoning conditional use permits, to adopt environmental justice regulations and strongly encourage their adoption at the state level, and to improve recycling within the City of Cincinnati.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a motion, dated 5/11/2005, submitted by Vice Mayor Reece, that the administration prepare a presentation on "Utility Aggregation" for the citizens of Cincinnati to be presented at the appropriate committee meeting (STATEMENT ATTACHED)

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a motion, dated 8/3/2005, submitted by Councilmember Smitherman, that the City of Cincinnati create an automated "warm weather warning" system to inform an educate city residents over the age of 65 to the threats and dangers of warm weather. I further move that City of Cincinnati issue a warning message that includes emergency contact information over the "warm weather warning" system when the heat index reaches 105 degrees. (STATEMENT ATTACHED)

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 8/4/2005, submitted by Vice Mayor Reece, from Jeffrey D. Brasie, President, Clovernook Center, 7000 Hamilton Avenue, Cincinnati, Ohio 45231-5297 regarding Fountain Square's multi-million dollar renovation. (REPORT ATTACHMENTS ON FILE IN CLERK'S OFFICE)

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 9/23/2005, submitted by Mayor Luken, from David Justice, Chairman, Camp Washington Community Council, 2954 Sidney Avenue, Cincinnati, Ohio 45225, regarding the properties at 1333, 1319 and 1321 Arlington Street.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a motion, dated 09/27/05 by Councilmembers Monzel and Malone that the Administration and the Health Department (or Board of Health) immediately investigate the premises of the Queen City Barrel Company located at the corner of Dane Avenue and Knowlton Street in Northside for illegal dumping and unauthorized container storage as well as any building code violations.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated July 19, 2004, submitted by Councilmember Cranley, from Thomas E. Ellis, AFSCME Union, 1213 Tennessee Avenue, Cincinnati, OH, 45229, regarding his membership in the Cincinnati Retirement System.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 10/24/2005, submitted by Vice Mayor Reece, from Kevin Shepard, 6552 Spindlewick Lane, Cincinnati, Ohio 45230, regarding funding the Cincinnati Retirement System (CRS) Board request of 6/29/2005.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 10/3/2005, submitted by the Clerk of Council, from Steven R. Love, President & CEO, Greater Cincinnati & Northern Kentucky African American Chamber of Commerce, 2945 Gilbert Avenue, Cincinnati, Ohio 45206 regarding budget proposal for funding for 2006.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a motion, dated 11/15/2005, submitted by Coucilmember Crowley, that the square foot per parking space requirements for outdoor eating and drinking areas be amended so that outdoor areas above 2000 square feet require one parking space per 300 square feet for outdoor areas.

REPORT, dated 8/2/2006, submitted by David E. Rager, on a communication, dated 12/12/2005, submitted by Councilmember Cole, from Harold Schuler, 5914 Bellmeadows Drive, Cincinnati, Ohio 45224 regarding double-dipping using city money to pay employees who were already getting a pension.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a motion, dated 3/22/2006, submitted by Councilmembers Cole, Crowley, Cranley and Thomas that the City Administration report back to Council on the feasibility of establishing a vehicle for licensing general and specialty contractors. This report should include an analysis about what the city can legally do to license general and specialty contractors and a study of the personnel hours necessary to undertake such an endeavor. I Further Move that appropriate ordinances be drafted to license general and specialty contractors based on the current state law licensing contractors and on the current ordinace of the City of Columbus, OH to license contractors. I Further Move that the City Administration report back to Council on the feasibility of establishing a vehicle for tying tax collection to the permit process. This should include a study of the potential income tax revenue that will be produced through ensuring that income taxes on all employees of contractors have been paid before a building permit is issued. (STATEMENT ATTACHED)

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a 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)

REPORT, dated 8/2/2006, submitted by David E. Rager, City manager, on a 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)

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a motion, dated 5/1/2006, submitted by Councilmembers Berding, Bortz, Cranley, Crowley and Vice Mayor Tarbell, that the administration assess the feasibility of requiring that all persons filing foreclosure notices involving real property within the City of Cincinnati also notify the City of the filing of the foreclosure within ten days after the filing of that complaint with the relevant court. The notice to the City shall include the name, address and contact information for the person who will be responsible for maintaining the property. (STATEMENT ATTACHED)

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a motion, dated 05/01/2006, submitted by Councilmembers Cole and Bortz, that an Ordinance be drafted that would provide an automatic tax exemption of the maximum number of years allowable by law and 100% of the assessed property value on the construction or rehabilitation of commercial properties if the property is built or rehabilitated to Leadership in Environmental & Energy Design (LEED) Certified, Silver, Gold or Platinum standards as defined by the U.S. Green Building Council.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a motion, dated 05/01/06, submitted by Councilmembers Cole and Bortz, that any new municipal buildings in Cincinnati be constructed to LEED certification.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communicaiton, 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.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communicaton, dated 5/18/2006, submitted by Councilmember Crowley, from Amjad "AJ" Nabi, Mabi Electric, Inc., Palm Tree Market, 6011 Madison Road, Cincinnati, Ohio 45227, regarding the number one criminal in Cincinnati.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 06/13/06, submitted by Councilmember Cole, from Huntington Bancshares Incorporated, Huntington Center, 41 S. High Street, Columbus, Ohio 43287, (614) 480-8300, presenting the Huntington 2005 Report to the Community: Moving Forward. Giving Back.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a motion, dated 06/26/06 submitted by Councilmembers Jeff Berding, Chris Bortz, and Leslie Ghiz that the Administration report back to Council on the current status of the Innovative Service Solutions Program, includings: 1. The number and type of service reviews that Have been conducted to develop baseline costs and service levels; 2. Any suggestions that have been made as a result of the ongoing monitoring of the Innovative Service Solutions Team; 3. The results of efforts to engage in "process redesign to eliminate redundancy and non-value added activities and reduce costs." (STATEMENT ATTACHED)

REPORT, dated 8/2/2006, 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 Downtown Oasis, Inc. DBA (None listed), 11 East Seventh Street, 1st Floor. (#2293379, Transfer of Ownership, D5, D6) [Objections: Department of Health, Cincinnati Police Department, District One].

REPORT, dated 8/2/2006, 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 Neo Origin, Inc. DBA Red Pepper Restaurant, 204 West McMillan Street. (#6353091, Transfer of Ownership, D5, D6) [Objections: None].

REPORT, dated 8/2/2006, 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 BJS Bar LLC DBA Bronz, 4029 Hamilton Avenue, 1st Floor and Courtyard. (#0727505, Transfer of Ownership, D5, D6) [Objections: None]

REPORT, dated 8/2/2006, 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 The Know Theatre Tribe DBA The Know Theatre Tribe, 1120 Jackson Street. (#47392580005, New, D5H, D6) [Objections: None].

REPORT, dated 8/2/2006, 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 38 East Court, LLC DBA Downtown Food Shop, 1st Floor and Basement. (#8869460, Transfer of Ownership, C1, C2) [Objections: None].

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication from the State of Ohio, Divisioin of Liquor Control, advising of a permit application for City Barbeque, Inc. DBA (None listed), 3804 Paxton Avenue. (#15087810060, Transfer of Ownership and Location, D1) [Objections: None]

REPORT, dated 8/2/2006, 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 RJH Enterprises, LLC DBA (None listed), 4201 West Eighth Street. (#7148347, Transfer of Ownership and Location, C2, C2X, D6) [Objections: None]

REPORT dated 8/2/2006, submitted by David E. Rager, City Manager, regarding the Department of Finance reports for the month ended June 30, 2006. (REPORT ON FILE IN CLERK'S OFFICE)

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 6/1/04, submitted by William Schirmer, Schirmer's Properties LLC, 4640 Mt. Alverno Road, Cincinnati, OH 45238 concerning Cincinnati Building Permit Appl. No. 2003P07742 - Sanitary Sewage Disposal, 3924 Isabella Avenue, Bank Conversion to Restaurant.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 07/09/03, submitted by Mayor Luken from Marc S. Hoover, (513) 735-0041 and (513) 946-9919, that he is submitting an appeal regarding the impounding of his vehicle on 07/08/03. (SEE DOCUMENT #200307531 FOR COMMUNICATION)

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 10/09/03, submitted by Councilmember Cole from Robert Cushing, 6526 River Road, Cincinnati, Ohio 45233, suggesting that in order for citizens with disabilities who can not attend council sessions that there be a website or an e-mail address made available to them so that they are able to express their concerns before council votes on any given issue.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 2/19/03, submitted by Mayor Luken, from Mary Neubeck, 7945 Schoolhouse Lane (45242), requesting payment of a ticket by the City, she received at an expired meter. (SEE DOCUMENT #200306414 FOR COMMUNICATION)

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 7/25/03, submitted by Councilmember Cole from Alvin Murray, CWW Maintenance Worker, that the Disciplinary/Reprimand Policy is not being handled the same for all workers and that assistance is needed in investigating the implementation of inconsistent and unwritten policies and procedures with the Division of Cincinnati Water Works.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 6/6/02, submitted by Councilmember Monzel, from David Seifert, 2331 Wheeler Street (45219), with a request that the City examine the possibility of creating a skate/bike park in the city of Cincinnati.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, dated 7/10/02, submitted by Mayor Luken, from Mike Lacinak, V.P. Mt. Washington Community Council, requesting support from the City of Cincinnati for the construction of a new community center.

ORDINANCE, (EMERGENCY) dated 7/21/2006, submitted by Michael L. Cervay, Director, Community Development & Planning, TO REZONE certain property located on the south side of Warsaw Avenue to Vanvay Avenue between McPherson and Enright Avenues in the neighborhood of East Price Hill from CC-M, Commercial Community Mixed District and SF-2 Single-family District, to CC-A, Commercial Community Auto-Oriented District, amending the Zone Map. (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, SEPTEMBER 5, 2006 AT 3:00 P.M.) (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 7/7/2006)

COMMUNICATION, dated 7/7/2006, 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 and Location Application, Permit #3704664, Class C-2-2X, for Hebron Market, Inc., 1739 Elm Street, Cincinnati, Ohio 45202.

COMMUNICATION, dated 7/20/2006, 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 IV, LLC, 1st Floor, West Wing & Patio, 2444 Madison Road, Cincinnati, Ohio 45206. The hearing will be held on August 28, 2006 at 1:30 a.m. in Meeting Room B. City Hall 801 Plum Street.

COMMUNICATION, dated 7/20/2006, submitted by the Clerk of Council, from James P. Bally, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding New Permit Application, Permit #7020111, Class C-1-2, D-6, Pope's Market, LLC, 2306 Vine Street, Cincinnati, Ohio 45219. Hearing will be held on August 28, 2006 at 10:00 am. in Room B, City Hall.

COMMUNICATION, dated 7/20/2006, 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 and Location Application, Permit #8904480, Class D-2-2X-3-6, Extremely Xclusive, LLC, 2701 Vine Street, Cincinnati, Ohio 45219. Hearing will be held on August 28, 2006 at 11:00 a.m., Room B, City Hall.

COMMUNICATION, dated 7/17/2006, 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 New Permit Application, Permit #5476770, Class C-1, Mandy's Landing, LLC, dba Mandy's Landing, LLC, 4331 River Road, Cincinnati, Ohio 45204.

COMMUNICATION, dated 7/12/2006, submitted by the Clerk of Council, from James P. Bally, Attorney, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding New Permit Application, Permit #7020111, Class C-1-2, D-6, Pope's Market, LLC, 2306 Vine Street, Cincinnati, Ohio 45219.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent George T. Glover, Consultant - Family Service of the Cincinnati Area, 425 Walnut Street - #1800, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent George T. Glover, Consultant - People Working Cooperatively, 425 Walnut Street - #1800, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent George T. Glover, Consultant - Mercy Health Partners, 425 Walnut Street #1800, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent George T. Glover, Consultant - Hart Productions, 425 Walnut Street - #1800, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Marie Gemelli-Carroll, Consultant - Starboard Strategy Corp., 135 Garfield Place, Studio 425, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Todd A Ward, Forward Consulting, LLC, 2500 Meyerhill Drive, Cincinnati, Ohio 45211.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Stephen L. Schwalbe, Vice President, Tri-Health, Inc., 619 Oak Street, Cincinnati, Ohio 45206.

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Jo A. Reilly, Pegasus Ent., Lobbying & Public Relations, 726 Regent Road, Cincinnati, Ohio 45245.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Richard A. Weiland, 1055 St. Paul Place, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Jo A. Reilly, Pigasus Ent., Lobbying & Public Relations, 726 Regent Road, Cincinnati, Ohio 45245.

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Richard A. Weiland, Lobbying & Public Relations, 1055 St. Paul Place, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATE) submitted by the Clerk of Council, from Legislative Agent Victor A. Needham, III, Mgr.-Regional Govt. Affairs, 139 E. 4th Street EA803, Cincinnati, Ohio 45201.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Keith S. Black, General Mgr. - State Gov't. Affairs, 139 E. 4th Street - EA803, Cincinnati, Ohio 45201.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Richard H. Finan, Attorney, 11137 Main Street, Cincinnati, Ohio 45241.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Louise S. Hughes, Director Ohio Government & Community Relations, Procter & Gamble - 2 P & G Plaza, TN-2, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Lynn Marmer, Executive, The Kroger Company, 1014 Vine Street, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Charles E. Tassell, Lobbyist, 7908 Lake Avenue, Cincinnati, Ohio 45236.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Williams H. Hawkins, II, General Counsel and Secretary, Convergys Corporation, 201 East Fourth Street, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council, from Legislative Agent Brendon Cull, Government Affairs Consultant, 1014 Vine Street, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Erik M. Kirkhorn, Director, Government Relations, Convergys Corporation, 201 East Fourth Street, Cincinnati, Ohio 450202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Amy P. Minardo, Policy and Legislative Analyst, Cincinnati USA Regional Chamber, 300 Carew Tower, 441 Vine Street, Cincinnati, Ohio 45202.

REGISTRATION, (UPDATED) submitted by the Clerk of Council, from Legislative Agent J. Douglas Moormann, VP Government Affairs - Cincinnati USA Regional Chamber, 441 Vine Street, Ste 300, Cincinnati, Ohio 45202.

MOTION, dated 6/20/2006, that paragraph 4 of Section 10.4 of the Rules of Council 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."**1** Language deleted is indicated by asterisks as follows: **1** ";items introduced in this manner must be held for one meeting prior to a vote" (STATEMENT ATTACHED)

ORDINANCE, submitted by David E. Rager, City Manager, on 6/28/2006, repealing Ordinance No. 0187-1996, authorizing the City Manager or his designee to grant special street privileges to Bench Billboard Co., Inc. for the placement of advertising benches in the City of Cincinnati, notwithstanding any other provisions of the Cincinnati Municipal Code.

ORDINANCE, submitted by David E. Rager, City Manager, on 7/31/2006, authorizing the City Manager to enter into and execute the Contract Proposal with the City of Blue Ash for the sale of approximately 130 acres of the Blue Ash Airport.

ORDINANCE, (EMERGENCY) dated 6/28/2006, submitted by Councilmember Bortz, authorizing the City Manager to enter into the Contract for Sale for Private Redevelopment for approximately 20 acres of property on River Road with Coldstream Interests, LLC. (CITY PLANNING COMMISSION DISAPPROVED THIS ITEM ON 7/7/2006)

ORDINANCE, (EMERGENCY) dated 08/02/06 submitted by David E. Rager, City Manager, MODIFYING the provisions of Chapter 713 "Fountain Square, Convention Hall" by amending existing Sections 713-3, Section 713-4, Section 713-5, and Section 713-9 to reflect the changes that have occurred to Fountain Square during its redevelopment and to allow for the efficient administration of the permit process for the use of Fountain Square.

ORDINANCE, dated 07/25/06, submitted by J. Rita McNeil, City Solicitor, NOTWITHSTANDING the provisions of Chapter 1409, Commercial Districts of the Cincinnati Zoning Code, the Director of Buildings and Inspections is authorized to issue building permits and a certificate of occupancy for a single-family dwelling at 2616 River Road.

ORDINANCE, (EMERGENCY) submitted by Councilmember Bortz, authorizing the transfer of the sum of $750,000.00 from Department of Community Development and Planning capital project account no. 980x162x03123 to source fund 761, and further authorizing the transfer of $750,000.00 from source Fund 761 to Department of Community Development and Planning capital project account no. 980x162x03264 for the purpose of providing funding to the Liberty and Main housing rehabilitation project.

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. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 6/16/2006)(PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE MONDAY JULY 31, 2006 AT 3:00 P.M.)

ORDINANCE(EMERGENCY), dated June, 20, 2006, submitted by Margaret Wuerstle, Chief Planner, TO REZONE certain property at 3346 River Road in the Riverside neighborhood from the RMX, Residential Mixed District, to the ML, Manufacturing Limited District. (APPROVED BY THE CITY PLANNING COMMISSION 5/19/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE 7/31/06 AT 3:00 P.M.)

MOTION, dated 6/20/2006 submitted by Councilmembers Crowley, Cranley and Cole, that the environment including land, air and water is made a priority in Cincinnati by establishing an Office of Environmental Quality in the 2007-2008 budget to oversee issues related to the overall well being of the environment. The configuration and scope of this office should be consistent with the recommendations from Mayor Mallory and Councilmember Crowley (attached) who established an OEM Planning Group to provide expert guidance on how this office will be structured. WE FURTHER MOVE that this item be presented for discussion at the July 31st Finance Committee Meeting. (STATEMENT ATTACHED)

MOTION, submitted by Councilmembers Bortz, Ghiz and Berding that the $250,000 of unused property tax appraisal funds be spent to reduce the backlog of public nuisance buildings ready for demolition. The following buildings have been identified as priorities based on calls for service, potential for development, community input, and/or location (high visibility): (STATEMENT ATTACHED)

ORDINANCE (EMEGENCY) submitted by David E. Rager, City Manager, on 6/14/2006, authorizing an amendment to the City of Cincinnati 2006 Consolidated Plan/Action Plan to include as part of the 2006 Action Plan the provision of a Community Development Block Grant ("CDBG") construction "float" loan of Five Hundred Seven Thousand Two Hundred Eighty Four and 00/100 Dollars ($507,284.00) to Cincinnati Housing Partners, Inc., an Ohio not-for-profit corporation, for the purpose of constructing a new commercial structure at 7000-7004 Vine Street, in the Carthage community, to house a branch of the Cincinnati Credit Union (the "Carthage Credit Union" Project); and, ESTABLISHING a new CDBG project account number 304x164x61441 in the amount of Five Hundred Seven Thousand Two Hundred Eighty Four and 00/100 Dollars ($507,284.00) for the disbursement of the "float" loan funding.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/21/2006, authorizing the City Manager to apply for and accept a grant of approximately $350,000.00 from the Office of Criminal Justice Services for the purpose of providing funding to Project Safe Neighborhood in order to help reduce gun violence in local communities.

ORDINANCE submitted by David E. Rager, City Manager, on 6/21/2006, authorizing the City Manager to apply for and accept a grant of approximately $55,320.00 from Hamilton County, Ohio for the 2006 Youth Employment Grant, for the purpose of providing funding for the employment of thirty interns, ages fifteen to seventeen, at various City community centers.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/21/2006, authorizing the City Manager to apply for and accept a grant of approximately $150,000.00 from the Ohio Attorney General's Drug Abuse Resistance Education ("DARE") Program for the purpose of providing funding to defray the costs of DARE officers salaries.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/21/2006, authorizing the implementation of the 2006 to 2009 labor agreement between the City of Cincinnati and the Cincinnati Building Trades Council; and further authorizing the City Manager to execute the terms of the labor agreement attached hereto.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/28/2006, authorizing the Cincinnati Recreation Commission to apply for and accept a grant from the Ohio Arts Council in the amount of $3,200.00 for the purpose of providing funds for the resident artist's fee.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/28/2006, authorizing the City Manager to apply for and accept a grant of approximately $60,000.00 from the Office of Criminal Justice Services for the purpose of providing funding to the Domestic Violence Advocate Program for the Rape Crisis & Abuse Center.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 6/28/2006, AUTHORIZING the transfer of and return to source Income Tax Permanent Improvement Fund 758 the sum of $50,000.00, and further AUTHORIZING the transfer of and return to source Equipment Bond Fund 864 the sum of $100,000.00, all from capital improvement program project account 980x090x02918 (Information Security Initiative '04), and further AUTHORIZING the transfer and appropriation of the sum of $50,000.00 from the unappropriated surplus of Income Tax Permanent Improvement Fund 758 and the sum of $100,000.00 from the unappropriated surplus of Equipment Bond Fund 864 to the Regional Computer Center's capital improvement program project account 980x090x03163 (Enterprise Messaging System Upgrade '06), and further AUTHORIZING the transfer and appropriation of $115,770.00 from the unappropriated surplus of Cable Communications Fund 424 to capital improvement program project account 980x090x03163 (Enterprise Messaging System Upgrade '06) to fund the Email Migration project.

ORDINANCE, (EMERGENCY) submitted by Councilmember Thomas, modifying Title III of the Cincinnati Municipal Code by enacting new Section 306-66 to permit payroll deductions for contribution to the Greater Cincinnati Police Museum.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 7/31/2006, authorizing the sale of a portion of Strafer Street, east of Columbia Parkway, which real property is no longer needed for any municipal purpose, and repealing Ordinance No. 160-2006. (APPROVED BY CITY PLANNING COMMISSION ON 6/2/2006)

ORDINANCE, (EMERGENCY) submitted by David E. Rager, City Manager, on 7/31/2006, determining to proceed with the special assessmetn for the control of blight and disease of shade trees within public rights-of-way and for planting, maintaining, trimming and removing shade trees in and along the streets of the City of Cincinnati's Urban Forestry Maintenance District for the year 2007.

ORDINANCE (EMERGENCY) submitted by David E. Rager, City Manager, on 7/31/2006, levying a special assessment to control the blight and disease of shade trees within public rights-of-way and for planting, maintaining, trimming and removing shade trees in and along the streets of the City of Cincinnati's Urban Forestry Maintenance District for the year 2007.

ORDINANCE, dated 08/02/2006, submitted by David E. Rager, City Manager, Authorizing the City Manager to execute a Second Amendment to the Funding Agreement for the Loan of City Funds for the Development of Owner Occupied Housing, with Price Hill Will, an Ohio non-profit corporation, to decrease the total number of residential units to be acquired and rehabilitated in the Cedar Grove Area of Price Hill from five units to not less than four units; and to increase the amount of City funding per unit from Sixty Thousand and 00/100 ($60,000) and to Seventy-Five Thousand and 00/100 Dollars ($75,000)

ORDINANCE, (EMERGENCY), dated 07/31/2006, submitted by David E. Rager, City Manager, authorizing the reduction of current amounts in the existing Community Development Block Grant (CDBG) project accounts, and further authorizing the closure of certain existing project accounts in the CDBG Fund for the purpose of providing funding in conjunction with General Capital resources for the purchase of two sites for redevelopment in the Northside neighborhood.

ORDINANCE, (EMERGENCY), dated 7/31/2006, submitted by David E. Rager, City Manager, authorizing the transfer of the sum of $300,000.00 from Department of Community Development and Planning capital project account no. 980x164x02757to source Fund 050, and further authorizing the transfer of $300,000.00 from source Fund 050 to Department of Community Development and Planning capital project account no. 980x162x03182 for the purpose of providing funding in conjunction with Community Development Block Grant (CDBG) resources for the purchase of two sites for redevelopment in the Northside neighborhood.

ORDINANCE, (EMERGENCY), dated 8/2/2006, submitted by David E. Rager, City Manager, Authorizing the transfer and appropriation of the sum of $362,700 from the General Fund 050 non-personnel account no. 050x951x7400, entitled "Judgments Against the City," to the Law Department's General Fund 050 account no. 050x111x7289, and further the transfer and appropriation of the sum of $240,000 from the General Fund 050 non-personnel account no. 050x990x7200, entitled "Reserve for Contingencies," to the Law Department's General Fund 050 account no. 050x111x7289 for the purpose of realigning expenditure budgets, providing funds for the ongoing needs of the Law Department, and covering the cost of unbudgeted expert services and outside legal counsel.

ORDINANCE, dated 07/18/2006, submitted by Councilmembers Ghiz and Berding, authorizing the City Manager to negotiate and enter into an agreement with the Board of County Commissioners of Hamilton County, Ohio to build "Sprung" structures to serve as an interim jail and to accept the transfer of property from the lease property to the Board of County Commissioners of Hamilton County, Ohio for the purpose of operating an interim jail.

REPORT, dated 6/28/2006, submitted by David E. Rager, City Manager, regarding the Department of Finance report for the month ended May 31, 2006. (REPORT ON FILE IN CLERK'S OFFICE)

REPORT, dated 7/31/2006, submitted by David E. Rager, City Manager, regarding the 2007 Urban Forestry Assessment Equalization Board recommendations.

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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 7/7/2006)

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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 7/7/2006)

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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 7/7/2006)

ORDINANCE submitted by David E. Rager, City Manager, on 6/14/2006, authorizing the City Manager to enter into and execute an Agreement of Lease with the Burnet Properties, LLC, for real property located at the northeast corner of Burnet Avenue and McMillan Street. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 7/7/2006)

ORDINANCE (EMERGENCY), submitted by Councilmember Bortz on 7/28/06, Authorizing and directing the City Manager to establish terms and conditions for the presentation of the 2006 Mt. Adams Music Festival by the Mt. Adams Business Guild on St. Gregory Street between Monastery Street and Pavilion Street beginning on Saturday August 12, 2006 at 2:00 p.m. and ending on Sunday August 13, 2006 at 12:00 a.m.; Authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of the 2006 Mt. Adams Music Festival notwithstanding the provisions of Chapters 723, 839, and any other sections of the Cincinnati Municipal Code which would prohibit programs and activities deemed proper by the City Manager in the presentation of the 2006 Mt. Adams Music Festival; and Approving the use of the above described area for the sale of beer and wine subject to the issuance of proper licenses by the State of Ohio and procurement of liquor liability insurance.

REPORT, dated 6/21/2006, submitted by David E. Rager, City Manager, on a communication, 3/22/2006, submitted by Councilmember Cole, from Maurice Greene, 1022 Wells Street, Cincinnati, Ohio 45205, regarding incident with the Cincinnati Police.

ORDINANCE, (EMERGENCY) dated 6/28/2006, submitted by Councilmember Crowley, authorizing and directing the City Manager to enter into a revocable street privilege with United Steelworkers Local Union 14340 in the vicinity of 4900 Este Avenue.

REPORT, dated 6/28/2006, submitted by David E. Rager, City Manager, on a communication, dated 10/7/2005, submitted by Councilmember Smitherman, from Kevin M. Moore, 3989 Dickson Avenue, Cincinnati, Ohio 45229, regarding 3993 Dickson being a potential hazard.

REPORT, dated 6/28/2006, submitted by David E. Rager, City Manager, on a motion, submitted by Councilmembers Bortz, Berding, Ghiz, Thomas and Crowley, that the city administration examine the International Code Council's Existing Building Code, Property Maintenance Code, Residential Code and other various codes and provide recommendations on sections to adopt in order to strengthen the City of Cincinnati's existing building code. (STATEMENT ATTACHED)

REPORT, dated 6/28/2006, submitted by David E. Rager, City Manager, regarding the Collins Avenue stairway.