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

Also in attendance were City Manager Milton Dohoney Solicitor Rita McNeil and Clerk of Council Melissa Autry

Council observed a moment of silent prayer and recited the Pledge of Allegiance to the Flag.

There being no objection, Minutes of the previous session Council were ordered Filed.

Items on the Council Calendar and items presented by-leave were disposed of as follows:

APPOINTMENT, dated 9/25/2006, submitted by Mayor Mallory, recommending the appointment of Peg Gutsell to the Southwest Ohio Regional Transit Authority Board of Directors (SORTA). Ms. Gutsell will fill the vacancy created by the resignation of Mr. Robert Harris. Ms. Gutsell's term will expire on October 1, 2009.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/27/2006, modifying the provisions of Chapter 207, "Cincinnati Community Development Advisory Board," of the Cincinnati Municipal Code, by amending existing Section 207-5, "Composition of Board."

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/27/2006, modifying the provisions of Title XI, Cincinnati Building Code, of the Cincinnati Municipal Code by enacting a new Chapter 1106, General Specialty Contractors.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/27/2006, authorizing and directing the City Manager to establish terms and conditions for the presentation of the Re-opening of Fountain Square celebration by Fountain Square Management Group LLC on Fifth Street from Race Street to Walnut, and Vine Street from Fourth Street to Sixth Street beginning at 6:00 P.M. on Friday, October 13, 2006 and ending at 6:00 A.M. on Monday, October 15, 2006; authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of the Re-opening of Fountain Square, 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 the Re-opening of Fountain Square; 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 except by persons associated with and as authorized by Fountain Square Management Group LLC in the area bounded by the north curb line of Fourth Street from Race Street to Walnut, the east curb line of Walnut from Fourth Street to Sixth Street, the curb line on the south side of Sixth Street from Race Street to Walnut, 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., October 14, 2006 through 11:00 P.M., October 14, 2006.

COMMUNICATION, dated 9/22/2006, submitted by the Clerk of Council, from James Bally, Attorney, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding 2005-2006 Renewal Application, Permit #9683396, Class C-2-2X, Thomas E. Wilson, dba Wilson's Grocery, 3800 Zinsle Avenue, 1st Floor, Cincinnati, Ohio 45213. Hearing will be held on October 20, 2006 at 11:00 a.m. in Room B. City Hall.

COMMUNICATION, dated 9/22/2006, 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 #4425686, Class C-1-2, Kebena, Inc. dba Johnny's Food Mart, 732 East McMillan Street, 1st Floor, Cincinnati, Ohio 45206. Hearing will be held on October 20, 2006 at 1:30 p.m. in Room B, City Hall.

COMMUNICATION, dated 9/22/2006, 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 #2293379, Class D-5-6, Downtown Oasis, Inc., 11 East 7th Street, 1st Floor, Cincinnati, Ohio 45202. Hearing will be held on October 20, 2006 at 10:00 a.m. in Room B. City Hall.

COMMUNICATION, dated 9/19/2006, submitted by the Clerk of Council, from James Bally, Legal Section, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding New Permit Application, Permit #7848437-0005, Class C-1-2, Sarah Marie Schmit, dba Papa Dello's Pizza & Carryout, 4030 Eighth Street, Cincinnati, Ohio 45205. Hearing was canceled.

MOTION, dated 09/13/2006, submitted by Councilmember Cranley, Berding, Bortz, Cole, Thomas, Ghiz, that $500,000 be loaned for the construction of a streetscape on Glenway Avenue, starting at Glenway Avenue and Guerley Road, heading west as far west as money allows; and that the T.I.F. district 13, which encompasses this area, repay in full for the cost of this project as quickly as those T.I.F. revenues can, and that, in the interim, the administration identify the source of the loan (for example, the Anthem account or from revenues from the sale of the Blue Ash Airport); and that the parking meters in front of Price Hill Chili on Glenway Avenue remain in place at least until the streetscape construction is completed. (STATEMENT ATTACHED)

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. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 9/15/2006)

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. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 9/15/2006)

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. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 9/15/2006)

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. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 9/15/2006)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/20/2006, authorizing the transfer of the sum of $12,430 from the Citizen Complaint Authority ("CCA") personnel account no. 050x180x7100 to its non-personnel account no. 050x180x7200 for the purpose of adjusting the office budget to provide funding for information technology and professional development training expenses.

ORDINANCE, dated 09/25/2006, Revising the compensation schedule for the classifications of Customer Relations Representative by amending Section 677 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, dated 09/21/2006, Enacting supplemental Section 611 in Division 1, Chapter 307, of the Cincinnati Municipal Code for the purpose of establishing the employment classification of Electrical Maintenance Worker-3 (EMW-3), and fixing the compensation schedule therefore.

ORDINANCE (EMERGENCY), dated 09/25/2006, from Milton Dohoney, Jr., City Manager, Authorizing the transfer of the sum of $108,000.00 from General Capital project account number 980x162x03046, NDB Support Program '05 to Source Fund 762 and further authorizing the transfer of the sum of $108,000.00 from the unappropriated surplus of Source Fund 762 to General Capital project 980x162x03182, Strategic Program for Urban Revitalization '06, for the purpose of replacing funding previously allocated for the purchase of the Myron Johnson Lumber Company.

ORDINANCE (EMERGENCY), dated 09/25/2006, submitted by Milton Dohoney, Jr., City Manager, Authorizing the transfer of the sum of $56,000.00 from the unappropriated surplus of CDBG Fund 304 and the sum of $108,000.00 from CDBG project account number 304x164x63681, Strategic Program for Urban Redevelopment to CDBG project account number 304x164x62220, NDB Improvements Program, for the purpose of providing funding for the Turner Hall Streetscape project.

REPORT, dated 9/20/2006, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended August 31, 2006. (REPORT ON FILE IN CLERK'S OFFICE)

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 9/13/2006, declaring the intent to appropriate to public use property required for the Third/Linn/Dalton Street water main improvement project.

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.

REPORT, dated 8/2/2006, submitted by David E. Rager, City Manager, on a communication, 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 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 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 9/7/2006, submitted by Milton Dohoney, Jr., City Manager, on a 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.

RESOLUTION, dated 9/26/06, submitted by Councilmembers Ghiz and Berding, expressing the intent of the Council of the City of Cincinnati to work with Hamilton County officials in developing an interim jail plan, including the commitment of up to $6,000,000.00 for the construction of a temporary jail facility to provide up to 800 beds in order to immediately address the overcrowding problems in the Hamilton County jail.