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, Jr. Solicator 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:

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.

APPOINTMENT, dated 10/4/2006, submitted by Mayor Mallory, recommending the appointment of Dr. Luther G. Smith to the Cincinnati Human Relations Commission. Dr. Smith is Assistant Vice President for Student Development and Dean of Students for Xavier University. Dr. Smith 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 Barbara Gould to the Cincinnati Human Relations Commission. Ms. Gould is highly involved in her community through organizations such as The Cincinnati Arts Association and the YWCA Battered Women's Shelter. Ms. Gould 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 Semue Chapman to the Cincinnati Human Relations Commission. Mr. Chapman is the Principal and C.E.O. of the CA Group, LLC and Treasurer of the Community Action Agency. Mr. Chapman 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 Karen Bankston to the Cincinnati Human Relations Commission. Ms. Bankston is Senior Vice President of Drake Center and actively involved in the board for the Health Foundation Fund of Greater Cincinnati. Ms. Bankston 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 Pamela L. Page to the Cincinnati Human Relations Commission. Ms. Pate is Vice President for Corporate Quality Assurance. Ms. Page will serve a term that ends on September 30, 2008.

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.

REAPPOINTMENT, dated 10/6/2006, submitted by Mayor Mallory, recommending the re-appointment of Dr. Linetta Collins to the Board of Health. Dr. Collins is an Educational Facilitator for the Unversity of Cincinnati. Dr. Collins will serve a three-year term that ends on September 30, 2009.

REAPPOINTMENT, dated 10/4/2006, submitted by Mayor Mallory recommending the re-appointment of Karen Dudley to the Community Reinvestment Act Oversight Committee. Ms. Dudley is Director of Employment Service for Accountability and Credibility Together and a Member of the Greater Cincinnati Human Resource Association. Ms. Dudley will serve a three-year term as a Community Member that ends on September 30, 2009.

REAPPOINTMENT, dated 10/4/2006, submitted by Mayor Mallory recommending the re-appointment of Terrence Gaither to the Community Reinvestment Act Oversight Committee. Mr. Gaither is an Accounting Professional for Jefferson Wells International and a Committee Member for the Children's Defense Fund. Mr. Gaither will serve a three-year term as a Business Member that ends on September 30, 2009.

REAPPOINTMENT, dated 10/4/2006, submitted by Mayor Mallory, recommending the re-appointment of Roosevelt Barnes to the Community Reinvestment Act Oversight Committee. Mr. Barnes is a Managing Partner for Barnes Beauty Supply. Mr. Barnes will serve a three-year term as a Business Member that ends on September 30, 2009.

REAPPOINTMENT, dated 10/4/2006, submitted by Mayor Mallory recommending the re-appointment of Kaye M. Britton to the Community Reinvestment Act Oversight Committee. Ms. Britton is a Realtor for Britton & Associates and a Loan Counselor for the Home Ownership Center of Greater Cincinnati. Ms. Britton will serve a three-year term as a Community Member that ends on September 30, 2009.

REAPPOINTMENT, dated 10/4/2006 submitted by Mayor Mallory recommending the re-appointment of Tyra Oldham to the Community Reinvestment Act Oversight Committee. Ms. Oldham is the Owner of Vizion Company and the founder of the National Organization to Introduce Zero Tolerance. Ms. Oldham will serve a three-year term as a Business Member that ends on September 30, 2009.

REAPPOINTMENT, dated 10/4/2006, submitted by Mayor Mallory, recommending the re-appointment of Mary Anne Berry to the Community Reinvestment Act Oversight Committee. Ms. Berry is Retired Manager from the Kroger Company and a member of Citizens for Civic Renewal. Ms. Berry will serve a three-year term as a Community Member and Chair that ends on September 30, 2009.

REAPPOINTMENT, dated 10/4/2006, submitted by Mayor Mallory, recommending the re-appointment of Jonathan J. Lippincott to the Community Reinvestment Act Oversight Committee. Mr. Lippincott is a Legislative Aide for the City of Cincinnati. Mr. Lippincott will serve a three-year term as a Community Member that ends on September 30, 2009.

REAPPOINTMENT, dated 10/4/2006, submitted by Mayor Mallory, recommending the re-appointment of Derrick Mayes to the Community Reinvestment Act Oversight Committee. Mr. Mayes is a Sales Agent for Bill Brown Eastside Realty, Inc. Mr. Mayes will serve a three-year as a Community Member that ends on September 30, 2009.

RESOLUTION, dated 10/11/2006 submitted by Councilmember Bortz, expressing the opposition of City Council to the Ohio Department of Transportation's recommended proposal for the I-75 Mill Creek Expressway Project.

MOTION, dated 10/5/2006 submitted by Councilmembers Cranley and Bortz that Community Development and Planning conduct a Zoning Study of the property located at 2616 River Road. The goal of the study is to change the current zoning to a designation that will accommodate a single-family dwelling. (STATEMENT ATTACHED)

COMMUNICATION, dated 9/24/2006 submitted by Councilmember Crowley, from Frank W. Vandeventer, Vice President, North Fairmount Community Council, regarding problems with tenants of 2076 Harkness Avenue.

RESOLUTION, dated 10/9/2006 submitted by Councilmember Crowley, expressing city Council's support of Hamilton County's tax levy which will help children in Hamilton County who are the victims of abuse and neglect.

RESOLUTION, dated 10/9/2006 submitted by Councilmember Crowley, expressing City Council's support of Hamilton County's tax levy which will provide critical health care services to thousands of Hamilton County residents who are uninsured or under-insured.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/11/2006, authorizing the grant of a permanent easement through Corporation Alley to Craig R. Shanske for a water line, which interest is not needed for any municipal purpose.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/11/2006, authorizing the City Manager to execute any necessary and appropriate documents to amend the HOME Investment Partnerships Program loan agreement entered into on December 21, 1995 with Bobby R. Johnson, for the rehabilitation of 3476 Burnet Avenue, substantially in accordance with the "First Amendment to Agreement for the Loan of Funds For Rental Projects under the HOME Investment Partnerships Program."

REPORT, dated 10/11/2006, submitted by Milton Dohoney, Jr., on a motion, submitted by Councilmember Cole, that the Department of Community Development and Planning provide a report to the Vibrant Neighborhoods, Environment, and Public Services Committee on the defined boundaries for the fifty-two neighborhoods in Cincinnati. I further move that the administration collaborate with Invest in Neighborhoods to form an ad hoc committee to recommend and updated universal set of bylaws for Cincinnati's Community Councils and to recommended an updated set of bylaws for Invest in Neighborhoods. (MAP ON FILE IN CLERK'S OFFICE)

REPORT, dated 10/11/2006, 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 TC Linwood Cafe, LLC DBA (None listed), 4618 Eastern Avenue, 1st Floor and Basement. (#8766282, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: City of Cincinnati Police Department, District Two]

REPORT, dated 10/11/2006, submitted by Milton Dohoney, Jr., City Manager, regarding suspension of the property tax rollback.

REPORT, dated 10/11/2006, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 9/12/2006, submitted by Councilmember Cole, Vice Mayor Tarbell, and Councilmember Crowley that the City of Cincinnati retain ownership of the Collins Steps right-of-way for the duration of the five-year period when these steps will be closed. (SEE DOCUMENT #200600853 FOR ADOPTED MOTION)

REPORT, dated 10/11/2006, submitted by Milton Dohoney, Jr., City Manager, on a motion dated 9/7/06, submitted by Councilmember Ghiz, Bortz, Berding, Monzel, Cranley and Thomas, that Collins Avenue Steps be closed to pedestrian traffic for a period of five (5) years to measure their impact on public safety. (SEE DOCUMENT #200600836 FOR ADOPTED MOTION)

ORDINANCE, dated 10/2/2006 submitted by Margaret Wuerstle, Chief Planner, to rezone certain property at 2500-2512 Highland Avenue in the Mt. Auburn neighborhood from the CC-P, Commercial Community-Pedestrian District, to the CC-M, Commercial Community-Mixed District. (THIS ITEM WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE TUESDAY, OCTOBER 24, 2006, 10:00 A.M.) (9/1/2006 CITY PLANNING COMMISSION FAILED TO APPROVE THIS ITEM)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., dated 9/7/2006, authorizing the grant of a permanent aerial easement over Stetson Street to Corryville Community Development Corporation for locating and maintaining balconies, which aerial interest is not needed for any municipal purpose. (THIS ITEM WAS APPROVED BY CITY PLANNING COMMISSION ON 10/6/2006)

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. (MR. CROWLEY IS EXCUSED ON THIS ITEM)

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 (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.(MR. BORTZ IS EXCUSED FROM VOTING ON THIS ITEM)

RESOLUTION, dated 10/09/2006, submitted by Councilmember Cranley, from J. Rita McNeil, City Solicitor, expressing City Council's support of a state-wide increase in the minimum wage, which would raise Ohio's minimum wage to $6.85 per hour with an annual cost of living adjustment.

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.

ORDINANCE, submitted by Councilmember Berding on 10/10/06, Amending the provisions of Title VII, General Regulations, of the Cincinnati Municipal Code, by enacting Chapter 761, Chronic Nuisance Premises.

RESOLUTION, submitted by Councilmember Thomas on 10/10/2006, Expressing the resolve of the Council of the City of Cincinnati to support the construction of a new permanent jail facility in Hamilton County.

ORDINANCE, (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/09/06, establishing new Chapter 834 of the Cincinnati Municipal Code entiled "Entertainment Districts," to provide the procedure by which a business may apply to the City for designation as a community district, as provided for in Chapter 4301 of the Ohio Revised Code.

REPORT, dated 10/9/2006, submitted by Milton Dohoney, Jr., City Manager, regarding Community Entertainment District and Economic Development Project Designations.