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

Also in attendance were City Manager Milton Dohoney, Jr., 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:

MOTION, dated 6/6/2007 submitted by Mayor Mallory, Vice Mayor Tarbell, Councilmembers Crowley, Cole, Thomas, Monzel, Ghiz, Cranley, Berding and Bortz, that the City of Cincinnati cancel the September 19, 2007 session of City Council.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/6/2007, approving and accepting the conveyance of certain real property located adjacent to Rawson Woods, from Mr. Paul Pratt to the City of Cincinnati, to be under the control of the Board of Park Commissioners.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/6/2007, approving and accepting the conveyance from the Hamilton County Park District to the City of Cincinnati certain real property located in the vicinity of Mt. Airy Forest, to be under the control of the Board of Park Commissioners.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/6/2007, authorizing the transfer and appropriation of the sum of $45,300.00 within the Department of Buildings and Inspections from General Fund operating account no. 050x212x0000x7100 to General Fund operating account no. 050x213x0000x7100, for the purpose of shifting the vacant position cut of an Inspector 1 position from the Department of Buildings and Inspections Division of Building Inspection to the Division of Licenses and Permits in accordance with the approved 2007 General Fund Budget Realignment Ordinance No. 121-2007 and Council's Motion.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 6/6/2007, authorizing the sale of surplus city-owned parcels of real property on Burnet, Harvey, Rockdale and Erkenbrecher Avenues, and portion of Maple Avenue and Jay Street, located in Avondale, to NTP Development, LLC, which real property is no longer needed for any municipal purpose. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 6/1/2007)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/6/2007, modifying the provisions of the Cincinnati Building Code, Title XI of the Cincinnati Municipal Code, by amending existing Section 1101-85, "Fees in General," and existing Section 1101-127, "Ohio Board of Building Standards Surcharge Fee" to include Optional Premium Services provisions and to adopt the State of Ohio's newly mandated residential surcharge fees.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 6/6/2007, accepting and confirming the dedication of a conservation Easement Agreement from The Hillside Trust.

ORDINANCE, (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, OFFERING early retirement incentives to City of Cincinnati employees who will have 28 years or more of service credit prior to January 1, 2008, and who are members of the Cincinnati Retirement System.

REPORT, submitted by Milton Dohoney, Jr., City Manager, on 6/6/2007, on a communication, submitted by Councilmember Cole, from Michelle Sanchez, 5701 Luhn Avenue, Cincinnati, Ohio 45227, regarding her personal rights being violated by the City of Cincinnati Buildings Department.

REPORT, dated 6/6/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 5/6/2007 submitted by Councilmember Cole, from Marquerite Katchen, 2801 Parkwalk Drive, Cincinnati, Ohio 45239, regarding the size of the deer population in Cincinnati and the West Side of Hamilton County.

REPORT, dated 6/6/2007, 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 Ships Store, LLC DBA Ships Store & Pony Keg, 4609 Kellogg Ave., Upper Level Unit A. (#8091436, Transfer of Ownership, C1) [Objections: None]

REPORT, dated 6/6/2007, 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 N I Brothers Drive Thru LLC DBA Northside Drive Thru, 4691 Hamilton Avenue, 1st Floor. (#6277452, Transfer of Ownership, C1, C2, D6) [Objections: None]

REPORT, dated 6/6/2007, 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 Duangdao, Inc. DBA Lemon Grass, 2666 Madison Road. (#2320633, Transfer of Stock, D1, D2, D6) [Objections: None].

REPORT, dated 6/6/2007, 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 Jazmin Carryout LLC DBA Byung Market, 1828 Race St. (#4263559, Transfer of Ownership, C2, C2X) [Objections: None]

REPORT, dated 6/6/2007, 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 North Side Bar LLC DBA Alchemize, 3929 Spring Grove, 1st Floor & Patio. (#6447109, Transfer of Ownership, D5, D6) [Objections: None]

REPORT, dated 6/6/2007, 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 Cincinnati Irish LLC DBA Sullys Restaurant Saloon, 700 Race Street, 1st Floor & Basement. (#1492522, Transfer of Ownership, D5, D6) [Objections: None]

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning TO REZONE certain property located along Woodburn Avenue and Montgomery Road between Holloway Avenue and Dexter Avenue in the Evanston neighborhood from CN-M, Commercial Neighborhood-Mixed District to the CN-P, Commercial Neighborhood-Pedestrian District. (APPROVED BY THE CITY PLANNING COMMISSION ON 5/18/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007, 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development & Planning to REZONE certain property located along Woodburn Avenue between Gilpin Avenue and Fairfax Avenue in the Evanston neighborhood from CN-M, Commercial Neighborhood-Mixed District to the RMX, Residential Mixed District. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 5/18/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007, 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Title XIV, the Cincinnati Zoning Code by amending Sections 1400-11, 1400-15, 1401-01-P7, 1423-13, and 1425-27 to add provisions for the Parks and Recreation 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 19, 2007, 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning TO REZONE certain property to PR, Parks and Recreation District, amending the Zoning Map. (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 19, 2007, 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Title XIV, Zoning Code of the City of Cincinnati, of the Cincinnati Municipal Code by enacting a new Chapter 1416, Parks and Recreation District. (THE CITY PLANNING COMMISSION APPROVED THIS ITEM ON 5/18/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007, 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Community Development and Planning MODIFYING the provisions of Chapter 1421, General Site Standards, of the Cincinnati Zoning Code by amending Section 1421-21, Front Yard Modifications. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 6/1/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007, 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, Community Development and Planning, TO REZONE certain property located at 6612-48 Corbly road, in the Mt. Washington neighborhood, from the SF-6, Single-family District to the SF-4, Single-family District, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON (5/4/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007, 12:00 P.M.)

ORDINANCE, submitted by Margaret Wuestle, Chief Planner, Community Development and Planning, on 6-5-2007, TO REZONE certain property located at 1713-1715 Westwood Avenue in the South Fairmount neighborhood from RMX, Residential Mixed District to the CC-M, Community Commercial - Mixed District.(APPROVED BY THE CITY PLANNING COMMISSION ON 5/4/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JUNE 19, 2007 AT 12:00 P.M.)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/9/2007, authorizing the sale of surplus City-owned real property located in Humbert Court between Corbin and St. Peter Streets, to Revolution Properties, LLC, which real property is no longer needed for any municipal purpose. (CITY PLANNING COMMISSION APPROVED THIS ITEM 6/1/2007)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/31/2007, authorizing the grant of a permanent ingress and egress over City property in favor of property owned by JMDH Real Estate of Cincinnati, LLC located at 4501 West Mitchell Avenue, which interest is not needed for any municipal purpose. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 6/1/2007)

COMMUNICATION, submitted by the Clerk of Council, from Susan E. Crabill, Treasurer, Madeira City Schools, 7465 Loannes Drive, Madeira, Ohio 45243, regarding community reinvestment area exemption for certain real property improvements to benefit the Stratford Companies, LLC.

MOTION, dated 5/29/2007 submitted by Councilmembers Bortz, Cole and Crowley, that the Administration create a plan for a "Green Streets Pilot Project," targeting specific Downtown streets, for the implementation of methods to address stormwater runoff. (STATEMENT ATTACHED)

MOTION, dated June 5, 2007, submitted by Councilmembers David Crowley, Chris Bortz, Jeff Berding, James Tarbell, Leslie Ghiz, Chris Monzel, Cecil Thomas, WE MOVE that the City Administration, as described in the recommendations section of the Scenic View Study, convene a blue ribbon committee to review the recommendations provided in the study and report to Council on what action steps are necesssary to implement the recommendations.

MOTION, dated May 11, 2007, submitted by Councilmembers James Tarbell, David C. Crowley, Cecil Thomas, Jeff Berding, Chris Monzel, and Chris Bortz WE MOVE that the Administration prepare an ordinance for a preferred development agreement with the Lawyers Property corp. for the L&N Property.

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.

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 WAS 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 WAS 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 WAS 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 WAS HELD BEFORE THE ECONOMIC COMMISSION DEVELOPMENT COMMITTEE, JUNE 5, 2007, 12:00 P.M.)

ORDINANCE, submitted by Milton Dohoney, Jr., City Manager, on 6/5/2007, repealing Ordinance No. 0374-1996, authorizing the City Manager or his designee to grant special street privileges to Bench Advertising Co. for the placement of advertising benches in the City of Cincinnati, notwithstanding any other provisions of the Cincinnati Municipal Code.

ORDINANCE, submitted by Milton Dohoney, Jr. City Manager, on 6/5/2007, amending Section 723-20, "Advertising Benches in the Public Right-of-Way," and Section 1501-5(a), "Class B Civil Offenses With Civil Fines Subject to 50% Reduction for Correction of Violation" of the Cincinnati Municipal Code to include violation of Section 723-20 as a Class B Civil Offense with the assessment of a progressive Class B Civil Fine against any person who fails to comply with the provisions of Section 723-20, and to incorporate certain procedural changes for obtaining revocable minor street privileges for advertising benches.

ORDINANCE, submitted by J. Rita McNeil, City Solicitor, on 6/5/2007 MODIFYING the provisions of the City Municipal Code, Chapter 895 by amending Sections 895-I-O, 895-3, 895-5, 895-7 and 895-13, ordaining a new Section 895-1-R and reordaining former Section 895-1-R, to Section 895-1-R1, to prohibit outdoor advertising signs within 100 feet of a residential district boundary line and to remove references to advertising benches.

MOTION, dated 06/04/2007, submitted by Councilmember Berding, Cole, Ghiz, Cranley, Bortz and Monzel, that the City of Cincinnati create a Safe and Clean Fund with an initial appropriation of $50,000; and that the source of the $50,000 shall be the newly added revenue from the city's billboard leases with Lamar and Norton, and that these dollars shall be dedicated to the Safe and Clean Fund on an annual basis for the duration of the leases; and that the Administration contract with Keep Cincinnati Beautiful to administer the program and disburse funds as indicated in the attached application. (STATEMENT ATTACHED)

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.

ORDINANCE, (emergency) submitted by Milton Dohoney, Jr., City Manager, on 5/31/2007, establishing the 2008 Urban Forestry Program Assessment Equalization Board, appointing three members thereto, and setting the time and place for hearings.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 5/31/2007, authorizing the City Manager to apply for and accept three (3) grants for a total of aproximately $4,389,350 from the U.S. Department of Housing and Urban Development for the purpose of funding the 2008 Shelter Plus Care Program.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 5/31/2007, authorizing the transfer and return to source Fund 103 (Convention Center) the sum of $29,730 from capital improvement project 980x243x03272 (Capital Maintenance '07) and further AUTHORIZING the transfer and appropriation of the sum of $29,730 from the unappropriated surplus of Fund 103 to capital improvement project account number 980x243x03271 (Furniture, Fixtures and Equipment '07) for the purpose of purchasing furniture, fixtures and equipment for Convention Center.

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 5/16/2007, 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

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 5/31/2007, supporting the application of Walnut Hills Preservation, L.P. for tax credits from the Ohio Housing Finance Agency to help finance the rehabilitation of existing low-income, senior housing units located at 849 Beecher Street in the Walnut Hills neighborhood.

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 5/31/2007, supporting the application of York Street Estates Limited Partnership for tax credits from the Ohio Housing Finance Agency to help finance the rehabilitation of buildings located in the West End and Avondale neighborhoods.