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 10/4/2006, 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 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 University 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 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.

ORDINANCE, dated 10/11/2006, submitted by Councilmember Crowley, NOTWITHSTANDING the provisions of Sections 1409-07, 1409-09, 1409-17, 1409-19, 1409-23, of the Cincinnati Zoning Code, authorizing the Director of Buildings and Inspections to a)issue building permits for the construction of a commercial structure at 631-639 E. McMillan Street (the "Property") in the Walnut Hills neighborhood, and b)issue a certificate of occupancy for use of the Property for contractor's storage, which certificate of occupancy will expire upon the transfer of the Property or if the use of the Property as contractor's storage is abandoned.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/18/2006, authorizing the City Manager to apply for and accept bridge replacement, bridge reconstruction, and street improvement funding grants, and water supply facility improvement loans and loan assistance from the State of Ohio Public Works Commission, in the approximate amount of $14,640,000.00 and to execute any agreements necessary for the receipt and administration of said grants, loans, and loan assistance.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/18/2006, accepting and confirming the dedication of property for the widening of Columbia Parkway in accordance with a plat from Neyer/Columbia Square LLC.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, 10/18/2006, amending Section 723-76 of the Cincinnati Municipal Code for the purpose of addressing the safety concerns of the Cincinnati Police Department and the citizens of Cincinnati.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/18/2006, authorizing the City Manager to enter into an agreement to transfer ownership of ten Pelco Spectrum III cameras, currently owned by the City of Cincinnati and previously used in the CityWatcher.com pilot project, to the East Walnut Hills Assembly.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/18/2006, authorizing the City Manager to execute a Subordination or Promissory Note in favor of the City from St. Francis Court Limited Partnership in order to subordinate the City's lien on the property at 1860 Queen City Avenue in the amount of $350,000.00 to the newly refinanced HUD loans in the total amount of approximately $6,172,038.00.

REPORT, dated 10/18/2006, submitted by Milton Dohoney, Jr., City Manager, on a motion, submitted on 9-5-06 by Councilmembers Chris Bortz, Leslie Ghiz, Cecil Thomas, Jeff Berding, and Chris Monzel We move that the Administration review our public right of way management policies for all of the elements, public and private, which are found within the sidewalk portion of the street right-of-way and recommend to Council possible guidelines on appropriate uses of the sidewalk space in the right-of-way.

REPORT, dated 10/18/2006, 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 Karabatak Investments, LLC DBA Eighth Street Gardens, 3642 West Eighth Street, 1st Floor, Basement and Patio. (#4486766, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: None]

REPORT, dated 10/18/2006, 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 Cold N Quick Thru Inc. DBA (None listed), 3638-40 Vine Street. (#1608807, Transfer of Stock, C1, C2, D6) [Objections: None]

REPORT, dated 10/18/2006, 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 Railhouse Entertainment LLC DBA (None listed), 700 West Pete Rose Way, 1st Floor, Section N, Unit A and Patio. (#7173301, Transfer of Ownership, D5, D6) [Objections: None]

REPORT, dated 10/18/2006, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended September 30, 2006. (REPORT ON FILE IN CLERK'S OFFICE)

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 10/18/2006, authorizing tax levies for the fiscal year beginning January 1, 2007 and certifying them to the Hamilton County Auditor pursuant to R.C. 5705.34, and requesting the County Auditor and County Treasurer to pay monies that may be in the County Treasury lawfully applicable to the purpose of this fiscal year to the City Treasurer pursuant to R.C. 321.34.

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 10/18/2006, authorizing tax levies for the fiscal year beginning January 1, 2007, and certifying them to the Hamilton County Auditor pursuant to R.C. 5705.34, and requesting the County Auditor and County Treasurer to pay monies that may be in the County Treasury lawfully applicable to the purpose of this fiscal year to the City Treasurer pursuant to R.C. 321.34.

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 10/18/2006, declaring the intent of Council to appropriate to public use all right, title, and interest in certain parcels of real property for the road project known as Hamilton Avenue Phase I from Windermere Way to Grosbeck Road.

ORDINANCE, dated 10/11/2006, submitted by the Margaret A. Wuerstle, Chief Planner, Department of Community Development and Planning, to rezone certain property located at 1657, 1659, 1663, 1665 and 1667 State Avenue, from MG, Manufacturing General District to an RM-1.2, Residential Multi-Family District, in the Lower Price Hill neighborhood, amending the Zoning Map. (THIS ITEM WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, OCTOBER 31, 2006, 1:00 P.M.) (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 9/15/2006)

COMMUNICATION, dated 10/10/2006, submitted by the Clerk of Council, from James P. Bally, Attorney, Ohio Department of Commerce, Division of Liquor and Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005, regarding 2005-2006 Renewal Application, Permit #9683396, Class C-2-2X, Thomas E. Wilson, dba Wilson Grocery, 3800 Zinsle Avenue, 1st Floor, Cincinnati, Ohio 45213. Hearing for October 20, 2006 has been continued.

COMMUNICATION, dated 10/4/2006 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 New Permit Application, Permit #4425685, Class C-1-2, Kebena, Inc., dba Johnny Food Mart, 732 East McMillan Street, 1st Floor, Cincinnati, Ohio 45206. Hearing has been changed to 10:00 a.m. on October 20, 2006. Room B, City Hall.

COMMUNICATION, dated 10/3/2006, submitted by the Clerk of Council, from James P. Bally, Attorney, 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.

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.

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 10/11/2006, 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)