Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Bortz, Cranley, Crowley, Ghiz, Monzel, Tarbell and Thomas (7)

Also in attendance were Asst. City Manager Scott Stiles City Solicitor J. 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:

ORDINANCE, (EMERGENCY) submitted by Mayor Mallory, AUTHORIZING and directing the City Manager to establish terms and conditions for the presentation of the 2007 Paint the Town After Party given by Give Back Cincinnati on the City owned property located at 4210 Hamilton Avenue on Saturday June 9, 2007 from 8:00 a.m. to 11:59 p.m.; authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of the 2007 Paint the Town After Party 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 2007 Paint the Town After Party; 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; prohibiting the solicitation of monies, prohibiting the sale of wares by peddlers and itinerant vendors, and the distribution of commercial handbills, coupons, and product samples except by persons associated with and authorized by Give Back Cincinnati at 6210 Hamilton Avenue.

ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, PROVIDING for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio, in the principal amount of $27,465,000 for the purpose of street improvements, and declaring an emergency; and REPEALING Ordinance No. 72-2007.

ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, PROVIDING for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $7,650,000, for the purpose of public building improvements, and declaring an emergency; and REPEALING Ordinance No. 73-2007.

ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, PROVIDING for the issuance of bonds or notes in anticipation of such bonds, by the City of Cincinnati, Ohio in the principal amount of $5,440,000 for the purpose of making equipment improvements, and declaring an emergency; and REPEALING Ordinance No. 74-2007.

ORDINANCE (EMERGENCY), dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, CONSOLIDATING bond issues of the City of Cincinnati, Ohio for purposes of providing for the issuance, sale, and delivery of an amount not to exceed $52,000,000 of various purpose general obligation bonds, authorizing distribution of an official statement, and authorizing book-entry-only bond delivery in connection therewith.

ORDINANCE, (EMERGENCY) dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, AUTHORIZING the transfer and return to source of the sum of $1,400,000.00 from various capital improvement project accounts, and further authorizing the appropriation of the sum of $1,400,000.00 to various capital improvement project accounts as listed in the attached Schedule of Transfer, for the purpose of complying with City Council's directive to identify resources in existing capital improvement project accounts that are available for reprogramming to increase funding for arts facilities.

ORDINANCE, (EMERGENCY) dated 05/07/2007, submitted by Councilmember Tarbell, from J. Rita McNeil, City Solicitor, AUTHORIZING the transfer and appropriation of the sum of $2,400,000.00 from the Public Building Improvement Bond Fund to various capital improvement project accounts as listed in the attached Schedule of Transfer, for the purpose of complying with City Council's directive to identify resources in existing capital improvement project accounts that are available for reprogramming to increase funding for arts facilities

ORDINANCE, dated 5/10/2007 submitted by Vice Mayor Tarbell, MODIFYING the provisions of Chapter 507 of the Cincinnati Municipal Code by changing the permitted direction of traffic on Pancoast Alley between Whetstone Alley and Eighth Street.

COMMUNICATION, dated 5/11/2007 submitted by Councilmember Crowley, from Peter Huttinger, Neighborhood Gardens Coordinator, Civic Garden Center, 2715 Reading Road, Cincinnati, Ohio 45206 regarding Cincinnati Municipal Code, Section 731-3 Weed Control.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/23/2007, authorizing the City Manager to enter into an agreement on behalf of the Greater Cincinnati Water Works ("GCWW") with the American Water Works Research Foundation ("AwwaRF") for the purpose of co-funding a collaborative research project known as "Project 4019, Impact of UV Location and Sequence of By-Product Formation", to study ultraviolet initiated by-products in the production of drinking water.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/23/2007, approving and authorizing execution of a "Property Investment Reimbursement Agreement" with Collins Ink Corporation in which the company agrees to relocate its manufacturing, marketing, research and development operations to 1201 Edison Drive, Cincinnati, and to create and retain new jobs, and the City agrees to provide funding for the project of up to $2,525,000 over a ten-year period with annual payments limited to 50 percent of new income tax revenues from new jobs created by the company.

REPORT, dated 5/23/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 4/24/2007 submitted by Councilmembers Crowley, Thomas, Bortz and Vice Mayor Tarbell that the administration provide Council with a report and a hearing before the appropriate committee detailing the activities of the City Hall Works Initiative.

REPORT, dated 5/23/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Division of Liquor Control, advising of a permit application for Judy Cox DBA J & M MISC, 2785 Robertson Avenue. (#1786688, Transfer of Ownership, C1, C2, D6) [Objections: None]

REPORT, dated 5/23/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended April 30, 2007. (REPORT ON FILE IN CLERK'S OFFICE)

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 5/23/2007, recognizing National Public Works Week and the Department of Public Services' 2006 Employee of the Year.

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 5/23/2007, adopting the Annual Budget for Current Operating Expenses of the City of Cincinnati for the year 2008 and submitting the same to the County Auditor. (REPORT ON FILE IN CLERK'S OFFICE)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Community Development and Planning, To REZONE certain properties on the south side of Hickory Street between Burnet Avenue and Harvey Avenue in the Avondale neighborhood from RMX, Residential Mixed District and CN-P, Commercial Neighborhood Mixed District to PD No. 50, Planned Development District. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 5/18/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 5, 2007, 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Community Development and Planning, MODIFYING the provisions of Title XIV, of the Cincinnati Zoning Code by amending Sections 1400-11, 1400-15, 1410-11, 1419-29, 1421-17, 1423-13, 1425-19, 1425-23,1427-37, and 1447-11 to add provisions for the Urban Mix (UM) District. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 4/20/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 5, 2007 AT 12:00 P.M.)

ORDINANCE, submitted by the Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Chapter 1427, Sign Regulations of the Cincinnati Zoning Code by amending Section 1427-37. (APPROVED BY THE CITY PLANNING COMMISSION ON 5/18/2007) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 5, 2007 AT 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning to REZONE certain property located at 4820 Red Bank Road, from MG Manufacturing General and CG-A Commercial General-Auto-oriented District to PD No. 51, Planned Development District. (APPROVED BY THE CITY PLANNING COMMISSION ON 5/4/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC COMMISSION DEVELOPMENT COMMITTEE, JUNE 5, 2007, 12:00 P.M.)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 3/14/2007, authorizing the sale of surplus city-owned real property located at 340 Baum Street to Aspen Properties - Building K, LLC, which real property is no longer needed for any municipal purpose. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 5/18/2007)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/02/2007, authorizing the City Manager to enter into an agreement of lease with Signature Engines, Inc. for Lunken Airport Lease Area 24 containing Hangar 6. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 5/18/2007)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/2/2007, authorizing the City Manager to enter into agreements of lease with E.J. Aircraft, Inc. for Lunken Airport Lease Areas 29 (containing Hangar 1) and 11. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 5/18/2007)

COMMUNICATION, dated 5/16/2007, submitted by the Clerk of Council, from Terry Poole, Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding 2005-2206 and 2006-2007 Renewal Applications, Number 6548587, Class C-1-2, 118 West 15th, Inc. dba Downtown Grocery, 118 West 15th Street, 1st Floor, Cincinnati, Ohio 45210.

ORDINANCE establishing Fund 354, "Household Sewage Treatment System Fees," within the Cincinnati Health Department for the purpose of receiving, holding and expending registration, permit and site fees paid to the Cincinnati Health Department.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing the City Manager to apply for and accept a grant of approximately $30,000.00 from the State of Ohio, Office of Criminal Justice Services' Bryne Memorial Grant Program, for the purpose of providing funding to the Youth Opportunities United, Inc. Delinquency Prevention, which intervenes with at-risk youth between the ages of eight and eighteen and provides academic tutoring, job skills training, workshops, seminars, and outings with mentors.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing the City Manager to apply for and accept a 2007 grant award in the approximate amount of $59,128.00 from the State of Ohio, Office of Criminal Justice Services' Byrne Memorial Grant Program, for the purpose of providing funding to continue the operation of the Computer COP Head Start Connection in collaboration with The Mallory Center for Community Development.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, 05/16/2007, authorizing the transfer and appropriation of the sum of $2,000,000 from Urban Renewal Tax Increment Bond Fund 852 to capital improvement project account number 980x233x03225, Riverside Drive - Eggleston to Bains '06, and further authorizing the transfer and return to source Street Improvement Bond Fund 826 of the sum of $1,000,000 from capital improvement project account number 980x233x03356; Riverside Drive - Eggleston to Bains '07, and further authorizing the transfer and appropriation of the sum of $1,000,000 from Street Bond Fund 826 to capital improvement project account number 980x233x03225, Riverside Drive - Eggleston to Bains '06, for the purpose of providing funds to continue the street and intersection improvements on Riverside Drive. (MR. BORTZ IS EXCUSED FROM VOTING ON THIS ITEM)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, amending Ordinance No. 413-2002 passed on December 18, 2002, to remove certain real property from the District 3-Downtown/OTR West District Incentive District.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, authorizing the appropriation of the sum of $200,000 from the unappropriated surplus of the Park Board's Permanent Improvement Fund 752 for the purpose of purchasing small equipment, including mowers and trimmers, to replace equipment that is out of lifecycle.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, to levy special assessments to pay for a portion of special street lighting, decorative poles, and fixtures for three years beginning August 1, 2006 and ending on July 31, 2009 on numerous streets within the City of Cincinnati.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, authorizing the City Manager to apply for and accept a Fire Prevention and Safety Grant in the amount of $98,400 from the U.S. Department of Homeland Security's Federal Emergency Management Agency to find a Fire Safety House to teach children about fire safety in the home and to establish a Risk Watch Program to teach children about all types of safety hazards.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, amending the salary for Medical Director in Chapter 307 of the Cincinnati Municipal Code, Division 8, Section 178 of the salary schedule.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, amending the salary for Pharmacist in Chapter 307 of the Cincinnati Municipal Code, Division 0C, Section 107 of the salary schedule and the salary for Pharmacy Director in Chapter 307 of the Cincinnati Municipal Code, Division 8, Section 223 of the salary schedule.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, to revise the Classification and Salary Range schedule for certain employment classifications by repealing certain existing sections of Divisions 4 and 9 of Chapter 307 of the Cincinnati Municipal Code and ordaining in their place certain new replacement sections of Divisions 4 and 9 of Chapter 307 of the Cincinnati Municipal Code, to constitute the new Classification and Salary Range Schedule for said classifications and to provide for annual increases in the minimum hourly wage for those employment classifications that are below the state minimum wage.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, 5/16/2007, authorizing the transfer and appropriation of the sum of $50,000.00 from the unappropriated surplus of Cable Communications Fund 424 to existing account no. 424x090x0000x7200, for the purpose of funding wireless broadband network consultation costs, and further authorizing the transfer and appropriation of the sum of $50,000.00 from the unappropriated surplus of Cable Communications Fund 424 to existing account no. 424x101x0000x7200, for the purpose of funding a professional services contract with the Regional Planning Commission for the Government Cooperation and Efficiency Project ("GCEP"), which will assist the City of Cincinnati and Hamilton County in examining ways to improve service delivery.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, 5/16/2007, establishing funding for a 2006 Shelter Plus Care Program with four (4) project agencies and further authorizing the City Manager to enter into agreements with the project agencies for the purpose of providing tenant-based rental assistance to homeless/disabled populations in accordance with the provisions of the Department of Housing and Urban Development Shelter Plus Care Program.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/22/2007, providing for the issuance, sale and delivery of bonds in a principal amount not to exceed $55,000,000 by the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of advance refunding all or a portion of its (I) $75,885,000 unlimited tax various purpose general obligation bonds, dated April 1, 2000, (II) $47,695,000 unlimited tax various purpose general obligation bonds, dated April 1, 2001, (III) $39,280,000 unlimited tax various purpose general obligation bonds, dated May 1, 2002 and (IV) $44,365,000 unlimited tax various purpose general obligation bonds dated May 6, 2004, which were originally issued for various improvements throughout the City including, but not limited to streets, public buildings, equipment, parks and recreation, zoo, urban redevelopment and urban renewal improvements, and declaring an emergency.

ORDINANCE, (EMERGENCY) dated 05/08/2007, submitted by Vice-Mayor Tarbell, from J. Rita McNeil, City Solicitor, AUTHORIZING the transfer and return to source of the sum of $800,000.00 from various capital improvement project accounts, and further authorizing the appropriation of the sum of $800,000.00 to various capital improvement project accounts as listed in the attached Schedule of Transfer, for the purpose of complying with City Council's directive to identify resources in existing capital improvement project accounts that are available for reprogramming to increase funding for arts facilities.

ORDINANCE, (EMERGENCY) dated 05/08/2007, submitted by Vice-Mayor Tarbell, from J. Rita McNeil, City Solicitor, AUTHORIZING the transfer and return to source of the sum of $600,000.00 from various capital improvement project accounts, and further authorizing the appropriation of the sum of $600,000.00 to various capital improvement project accounts as listed in the attached Schedule of Transfer, for the purpose of complying with City Council's directive to identify resources in existing capital improvement project accounts that are available for reprogramming to increase funding for arts facilities.

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 5/16/2007, declaring the official intent of City of Cincinnati, Ohio with respect to reimbursement of temporary advancements for capital expenditures for construction, acquisition and installation of a parking garage and revitalization of Evanston Park, all located generally at the intersection of Realistic and Oesper Avenues near the I-71 interchange at Dana Avenue, to be made from subsequent borrowings in a maximum principal amount not to exceed $21,500,000.00

ORDINANCE (EMERGENCY), submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing and directing the City Manager to establish terms and conditions for the presentation of "Second Sundays on Main" by the Over-the-Rhine Chamber of Commerce and Over-the-Rhine Revitalization Corporation on Main Street from Thirteenth Street to Liberty Street on May 13, 2007, June 10, 2007, July 8, 2007, August 12, 2007, and September 9, 2007, beginning at 12:00 noon and ending at 5:00 P.M.; authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of "Second Sundays on Main," notwithstanding the provisions of Chapter 713, Chapter 723 Sections 1 and 11, 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 "Second Sundays on Main"; approving the use of the above-described area for the sale of beer subject to the issuance of 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 Over-the-Rhine Chamber of Commerce and Over-the-Rhine Revitalization Corporation in the area bounded by the east and west curb lines of Main Street from the north curb line of Thirteenth Street to the south curb line of Liberty Street for the period of time beginning at 11:30 A.M. through 5:30 P.M. on May 13, 2007, June 10, 2007, July 8, 2007, August 12, 2007, and September 9, 2007.

ORDINANCE (EMERGENCY), submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing the Cincinnati Police Department to accept a cash donation from the Police Memorial Committee in the amount of $8,000.00, which will be used by the Cincinnati Police Department to enhance the District One Security Camera Project.

REPORT, dated 5/22/2007, submitted by Milton Dohoney, Jr. City Manager, on a communication, dated 02/02/2007, submitted by Councilmember Berding, from Jeanette Fisher, 1421 Herschel Avenue, Cincinnati, Ohio 45208, concerning the deer population in the city and arrow shot policy of the city.

REPORT, dated 5/22/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 03/14/2007, submitted by Councilmember Thomas, that the City Administration study the proposed Columbus Ohio Scrap Metal Ordinance (Enquirer/AP 3/5/07) and report back on the feasibility of preparing a similar Ordinance for the City of Cincinnati. (STATEMENT ATTACHED)

REPORT, dated May 8, 2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Quality of Life Index - 1st Quarter 2007.