Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Bortz, Cole, Cranley, Crowley, Ghiz, Monzel, Tarbell and Thomas (8)

Also in attendance were Asst. City Manager Scott Stiles Asst Solicator Ernest McAdams 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.

APPOINTMENT, dated 10/2/2006 submitted by Mayor Mallory recommending the appointment of Bert Goldstein to the Cincinnati Arts Allocation Committee. Mr. Goldstein is the Director of Education at Cincinnati Playhouse in the Park. Mr. Goldstein will serve a two-year term that ends on September 30, 2008.

APPOINTMENT, dated 10/2/2006 submitted by Mayor Mallory recommending the appointment of Manuel Susarret to the Cincinnati Arts Allocation Committee. Mr. Susarret an Information Technology consultant and musician, is the Music Director for Kai Kweol, a Caribbean dance company based in Cincinnati. Mr. Susarret will serve a three-year term that ends on September 30, 2009.

APPOINTMENT, dated 10/2/2006 submitted by Mayor Mallory, recommending the appointment of Lissa Urriquia to the Cincinnati Arts Allocation Committee. Ms. Urriquia is Manager of Institutional Giving at the Cincinnati Opera and Board Member of Know Theater. Ms. Urriquia will serve a three-year term that ends on September 30, 2009.

APPOINTMENT, dated 10/4/2006 submitted by Mayor Mallory recommending the appointment of Jeaunita Olowe to the Vice Chair post for the Cincinnati Arts Allocation Committee. Ms. Olowe is an active member of the Cincinnati Arts Allocation Committee since 2004. She is a dancer, choreographer, Education Director, and Company Manager for Bi-Okoto Drum & Dance Theater.

APPOINTMENT, dated 10/2/2006 submitted by Mayor Mallory recommending the appointment of Andy Marko to the post of Chair of the Cincinnati Arts Allocation Committee. Mr. Marko is an active Committee member who has served on the Cincinnati Arts Allocation Committee since 2000. Mr. Marko, an artist and instructor in media arts, has held the position of Chair since 2004.

REAPPOINTMENT, dated 9/26/2006, submitted by Mayor Mallory, recommending the re-appointment of Kristin Dietsche to the Cincinnati Arts Allocation Committee. Ms. Dietsche is the Executive Director of Women's Theater Initiative and has been an active member of the Cincinnati Arts Allocation Committee since 2004. She has served as the Vice Chair of the Committee in 2006 and Co-Chaired the public art subcommittee. Ms. Dietsche will serve a term that begins October 1, 2006 and ends on September 30, 2009.

COMMUNICATION, dated 9/27/2006, submitted by Councilmember Bortz, from Prencis Wilson, President, Madisonville Community Council, P.O. Box 27322, Cincinnati, Ohio 45227 regarding property located at 6406 Madison.

ORDINANCE, (EMERGENCY) submitted by Councilmember Bortz, NOTWITHSTANDING the provisions of Section 1449-11, Time Limit for Appeals, of the Cincinnati Zoning Code, this ordinance tolls the time for an appeal by Albert E. Lane and/or Debra Z. Lane from the Zoning Hearing Examiner's decision dated May 4, 2006, in Case Number ZH20060063, for property located at 1187 West Eighth Street, if the appeal is filed by November 1, 2006.

RESOLUTION, dated 9/28/2006, submitted by Councilmember Cranley, expressing City Council's support of Issue 2 on the November 7, 2006 ballot, which would raise the minimum wage to $6.85 per hour with an annual cost of living adjustment.

COMMUNICATION, dated 9/27/2006, submitted by Councilmember Crowley, from James H. Barrow, III, 768 Maidstone Ct., Cincinnati, Ohio 45230, regarding reimbursement of FEMA.

MOTION, submitted by Councilmembers Ghiz and Cole that the City of Cincinnati Council hold one regular meeting each month in the evening, with public comment commencing at 5:30 p.m. and the regular meeting at 6:00 p.m. WE FURTHER MOVE that the first evening Council meeting be scheduled for November 15, 2006 and continue each month on the third Wednesday. WE FURTHER MOVE that the administration continue its policy of holding evening Council meetings at no additional cost to taxpayers. (STATEMENT ATTACHED)

RESOLUTION, dated 10/4/2006 submitted by Councilmember Thomas, expressing the resolve of the Council of the City of Cincinnati to support the passage of the sales tax amendment for the construction of a new jail facility in Hamilton County.

MOTION, dated 10/3/2006 submitted by Councilmembers Thomas, Crowley, Bortz, Berding, Cole, Cranley, Monzel and Vice Mayor Tarbell that City Council request an extension of the closing date for public comment to the Ohio Department of Transportation (ODOT) on the Mill Creek Expressway Project from 10/12/06 until 10/30/06. (STATEMENT ATTACHED)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/4/2006, authorizing the payment of up to $5,405.19 as a moral obligation to Towne/Adams Village A. LLC, the Developer of the Adams Landing Village A Project, as compensation for the removal of an underground storage tank on City-owned property located at Riverside Drive.

REPORT, dated 10/4/2006, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 8/26/2006, submitted by Councilmember Cole, from Daniel R. Mock, P.O. Box 141432, Cincinnati, Ohio 45250-1432, requesting a street light on Cameron Place.

REPORT, dated 10/4/2006, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 9/5/2006, submitted by Councilmember Crowley, from Mary Newman (Mary.Newman@cincinnatizoo.org) regarding Sayler Park questions.

REPORT, dated 10/4/2006, 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 GOCO, Inc. DBA Liberty Shell, 30 East Liberty Street. (#32367680010, New, C1, C2) [Objections: City of Cincinnati Police Department, District One, Over the Rhine Community Council, Pendleton Community Council, Prospect Hill Residents Council and Cincinnati Recreation Commission]

REPORT, dated 10/4/2006, 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 CM Entertainment Management LLC DBA (None listed), 1933 Harrison Avenue. (#1574568, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: None]

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/7/2006, accepting the conveyance of real property located on the south side of Pete Rose Way from Montgomery Inn, Inc. to the City of Cincinnati as part of the plan for the development of the One River Plaza project; authorizing the reconveyance of that real property by the City; and declaring an emergency. (THIS ITEM WAS APPROVED BY CITY PLANNING COMMISSION ON 9/15/2006)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, on 9/15/2006, modifying the provisions of Chapter 1419, Additional Development Regulations, of the Cincinnati Zoning Code by amending Section 1419-21. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 9/1/2006) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, OCTOBER 3, 2006 AT 1:00 P.M.)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, on 8/31/2006, to rezone certain property located at 2446 Highland Avenue, form RMX Residential Mixed Multi-Family District to CC-P Commercial Community Pedestrian in the Mt. Auburn neighborhood, amending the Zoning Map. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 7/7/2006) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE TUESDAY, OCTOBER 3, 2006 AT 1:00 P.M.)

COMMUNICATION, dated 9/25/2006 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, Number 7020111, Class C-1-2, D-6, Pope's Market, LLC, 2306 Vine Street, Cincinnati, Ohio 45219.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/20/2006, approving and authorizing execution of a "Property Investment Reimbursement Agreement" with Paycor, Inc. in which the company agrees to develop an expansion project at 644 Linn Street, Cincinnati, Ohio and to create and retain new jobs, and the City agrees to provide funding for the project of up to $750,000 over a five-year period with annual payments limited to 50 percent of new income tax revenues from new jobs created by the company.

ORDINANCE (EMERGENCY), dated 9-28-2006, submitted by Councilmember Chris Bortz NOTWITHSTANDING the provisions of Section 1449-11, Time Limit for Appeals, of the Cincinnati Zoning Code, authorizing an appeal of the Zoning Hearing Examiner's decision dated May 4, 2006, in Case Number ZH20060063, for property located at 1187 West Eight Street, if the appeal is filed within 30 days of passage of this ordinance.

MOTION, dated 07/31/2006, submitted by Councilmember Ghiz, that any and all personal protection services provided to, as well as the purchase of equipment or materials by the office of the Mayor and/or the office of any City Councilmember, be funded from the respective office budget accounts. Such expenses shall not be paid for from separate administration budget accounts; and that any increase to the approved budgets for the office of the Mayor and any City Councilmember outside of the budget process require the approval of the majority of City Council. (STATEMENT ATTACHED)

REPORT, dated 9/26/06, submitted by Milton Dohoney, Jr., City Manager, regarding Security Detail in the Office of the Mayor. (FOR MOTION, SEE ITEM #200600716)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/20/2006, accepting and confirming the dedication of Millennium Place and part of Ferncroft Place to public use for street purposes.