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:

RESOLUTION, submitted by Vice Mayor Tarbell, 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.

MOTION, dated 9/25/2006 submitted by Councilmember Cole, that the following provisions of Ordinance 342-2002 be amended: 1. The provisions that apply to commercial or industrial structures shall be amended so that any renovation or new construction of a commercial or industrial property that is to be occupied by a small business be exempt from the requirement that their tax abatement application be approved by City Council. 2. For a small business, lower the minimum cost of improvements necessary to trigger eligibility for a commercial or industrial tax exemption from $100,000 to an amount deemed appropriate by the administration that would enable the majority of small businesses in Cincinnati to participate in this program. However, that amount must not be lower than $5000. I FURTHER MOVE that for the purpose of this motion, small business shall be defined using the current federal Small Business Administration Guidelines that are currently used by the City of Cincinnati's Small Business Division. I FURTHER MOVE that the Law Department investigate the legality of developing a single ordinance that would pertain to all Community Reinvestment Area tax abatements given to small businesses. I FURTHER MOVE that the administration develop a tax abatement application for small business similar to the current tax abatement application for residential renovation and construction; as well as a model third-party agreement contract to ensure that a small business that leases property and makes improvements to that property will also be able to benefit from this program. (STATEMENT ATTACHED)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/25/2006, to accept and confirm the dedication of a permanent easement to public use for construction, maintenance, repair and replacement of a water main and water main appurtenances in accordance with a plat entitled "Water Main Easement Plat, WSL #3490, Harrison Avenue" and AUTHORIZING the City Manager to execute said plat to quit-claim and release a water main easement that is no longer needed for any public purpose.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/25/2006, to accept and confirm the dedication of permanent easements to public use for construction, maintenance, repair and replacement of water mains and water main appurtenances in accordance with plats designated as: "WSL #3477, Hearthstone Estates situated in Section 30, Town 5, Entire Range 1, Symmes Township, located at Shallow Creek Drive off of Enyart Road" and "WSL #3501, Fairway View Estates situated in Section 24, Town 3, Range 1, Delhi Township, located at Cleves Warsaw Road" and "CIN #164, Adams Landing Village 'A' situated in Section 12, Township 4, Fractional Range 1, City of Cincinnati, located at Riverside Drive off of Eastern Avenue" and "WSL #3510, Victory View situated in Sections 17 & 18, Town 3, Range 1, Delhi Township, Gwendolyn Ridge off of Foley Road" and "WSL #3439, The Trails of Fiddlers Green-Phase 2- situated in Section 2, Town 1, Fractional Range 2, Miami Township, Fiddlers Ridge Drive at Fiddlers Green Road off of Bridgetown Road" and "WSL #3502, West Fork Ridge Subdivision situated in Section 24, Town 2, Fractional Range 2, Miami Purchase, Green Township at West Fork Road" and "CIN #156, Capri Woods situated in Section 24, Town 3, Fractional Range 2, Millcreek Township, City of Cincinnati located at Capri Road at Tahiti Drive off of North Bend Road."

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/25/2006, to accept and confirm the dedication of permanent easements to public use for construction, maintenance, repair and replacement of water mains and water main appurtenances in accordance with plats designated as: "CIN #166, Marburg Square situated in Section 21, Town 4, Fractional Range 2, City of Cincinnati, located at Wasson Road" and "WSL #3476, Bridge Point Subdivision situated in Section 36, Town 2, Fractional Range 2, Green Township, located at Tressel Wood Drive off of Wesselman Road" and "WSL #3476, Bridge Point Subdivision situated in Section 36, Township 2, Fractional Range 2, Green Township, located at Bridge Point Pass off of Wesselman Road" and "WSL #3487, Cartha Lane situated in Section 13, Town 2, Range 1 East, Crosby Township at Crosby Road" and "WSL #3509, West Fork Estates Subdivision situated in Section 24, Town 2, Fractional Range 2, Green Township, West Fork Road" and "WSL #3509, West Fork Estates Subdivision situated in Section 24, Town 2, Fractional Range 2, Green Township at West Fork Road" and "WSL #3476, Bridge Point Greens - Section 3 situated in Section 36, Town 2, Fractional Range 2, Green Township, located at Bridge Point Pass off of Wesselman Road."

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/25/2006, to accept and confirm the dedication of permanent easements to public use for construction, maintenance, repair and replacement of water mains and water main appurtenances in accordance with plats designated as: "CIN #172, Villages of Daybreak, Phase 1, Block 'A', Rhode Island Avenue between Seymour Avenue and Langdon Farm Road" and "CIN#175, Rawson Farm Subdivision, Section 21, Town 3, Fractional Range 2, Rawson Farm Lane off of Clifton Avenue" and "WSL #3489, Colerain Hills Shopping Center, Section 8, Town 2, East Range 1, Colerain Township, Colerain Avenue" and "WSL #3491, Clearwater Crossings Residential Condominiums, Section 22, Town 2, Fractional Range 2, Miami Purchase, Green Township, Harrison Avenue" and "WSL #3505, Kleeman Woods, Section 10, Town 2, Fractional Range 2, Green Township, Kleeman Road" and "CIN #167, Jonathan Meadows, City of Cincinnati, Jonathan Avenue off of Gilbert Avenue" and "WSL #3468, Indian Hill #10, Village of Indian Hill, Symmes Township, private drive off of Abbington Ridge at Humphrey Road" and "WSL #3496, 3666 & 3686 Cooper Road, Blue Ash."

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/25/2006, to accept and confirm the dedication of permanent easements to public use for construction, maintenance, repair and replacement of water mains and water main appurtenances in accordance with plats designated as: "WSL #3463, Section 31, Town 4, Range 2, Symmes Township, Weekly Lane off of Mason Road" and "CIN #172, Villages of Daybreak, Phase 1, Block 'A', Trinity Alley and Renaissance Alley off of Seymour Avenue" and "CIN #174, Lunken Airport, Wilmer Avenue" and "CIN #152, Woodcrest Park Subdivision, Phase 2, Section 1, Town 2, Fractional Range 2, Oaktree Place and Sunset Avenue off of Queen City Avenue" and "WSL #3483, Jackson Homes Subdivision, Lincoln Heights, Thomas Court and Magee Avenue" and "WSL #3448, Eagles Watch at Ingram's Ridge, Phase 2, Anderson Township, Cathedral Hill Drive off of Wolfangle Road" and "WSL #3476, Bridge Point Subdivision, Section Two, located in Section 6, Town 1, Fractional Range 2, Miami Township and Section 36, Town 2, Fractional Range 2, Green Township, Iron Bridge Way and Ruwe's Oak Drive" and "WSL #3476, Bridge Point Subdivision, Section Two, located in Section 6, Town 1, Fractional Range 2, Miami Township, Bridge Point Pass at Wesselman Road."

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/25/2006, to accept and confirm the dedication of permanent easements to public use for construction, maintenance, repair and replacement of water mains and water main appurtenances in accordance with plats designated as: "WSL #3456, Bridgecreek, Section 21, Town 3, East Range 1, Springfield Township, Compton Road" and "WSL #3435, Ivy Trails, Anderson Township, Ivy Trails Drive and Stoney Ridge Drive at Eight Mile Road" and "WSL #3462, Crossings at the Park, Section 1, Town 2, Range 2, City of Springdale, Springdale Township, Princeton Pike" and "WSL #3456, Bridgecreek Phase 1, Section 21, Town 3, East Range 1, Springfield Township, Compton Road" and "WSL #3462, Crossings at the Park, Section 1, Town 2, Range 2, City of Springdale, Springdale Township, Crescentville Road" and "WSL #3471, Military Survey No. 618, Anderson Township, Wolfangle Road" and "WSL #3475, Stonegate Phase 3, Anderson Township, Private Lane A off of Stonegate Drive at Nagel Road."

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/25/2006, to accept and confirm the dedication of permanent easements to public use for construction, maintenance, repair and replacement of water mains and water main appurtenances in accordance with plats designated as: "WSL #3304, Western Woods Mall situated in Lot 1 of Western Woods Subdivision Block 'C', Section 14, Town 2, Fractional Range 2, Green Township, Parkcrest Lane off of Glenview Avenue" and "WSL #3419, Woodland View, Phase 2, Section 35, Town 2, Range 2, Green Township, Michelle's Oak Court off of Rybolt Road" and "WSL #3454, Bigg's - 5025 Delhi Pike, Section 11, Town 3, Fractional Range 1, Miami Purchase, Delhi Township" and "WSL #3456, Bridgecreek Easement #691, Section 21, Town 3, East Range 1, Springfield Township, Meredith Drive" and "WSL #3387, Over a Portion of Monte Vista Estates, Section Two and Monte Vista Estates, Section One, Block A, Section 36, Town 2, Fractional Range 2, Green Township, Summit Lake Drive, Boulder Path Lane, Boulder Path Drive and Telluride Way located off of Harrison Avenue" and "WSL #3459, Brentwood Plaza, Springfield Township, Winton Road" and "CIN #140, Lincoln Court North, City of Cincinnati, between Clark Street and Rhine Alley, and between Ezzard Charles Drive and Ruhr Alley, and between Clark Street and Ruhr Alley, and between John Street and Danube Alley, and between Clark Street and Danube Alley, and between Clark Street and Weser Alley, and between Ezzard Charles Drive and Weser Alley" and "CIN #164, Adams Landing Subdivision, Village 'D', Section 12, Town 4, Fractional Range 1, Miami Purchase, Eastern Avenue."

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/25/2006, authorizing application to the Department of Housing and Urban Development for 2007 funding for the City of Cincinnati from the Community Development Block Grant Program, the HOME Investment Partnerships Program, the Housing Opportunities for Persons with AIDS (HOPWA) Program, and the Emergency Shelter Grants Program, and filing of the 2007 Entitlement Year Consolidated Plan/Action Plan.

REPORT, dated 10/25/2006, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated, August 28, 2006, submitted by Councilmenber Chris Bortz from Kay Berno to Eileen Enabnit, Director of Transportation and Engineering. Thank you for responding to my letter with such a clear, informative explanation of what our city faces in regard to establishing a Quiet Zone at night so we aren't awakened by trains.

REPORT, dated 10/25/2006, 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 Via Vite, LLC DBA Via Vite, 520 Vine Street. (#9264010, Transfer of Ownership and Location, D5, D6) [Objections: None]

REPORT, dated 10/25/2006, 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 Antoinette Harrison DBA C & S Carryout, 210 Dorchester Street. (#36308580005, New, C1, C2) [Objections: None]

REPORT, dated 10/25/2006, 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 S & H Retail Sales Corporation DBA S H Market, 3344 Glenmore Avenue. (#8011020, New, C1) [Objections: City of Cincinnati Police Department, District Three and the Westwood Civic Association]

REPORT, dated 10/25/2006, 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 S & H Retail Sales Corporation DBA S H Market, 3344 Glenmore Avenue (#8011020, New, C2) [Objections: City of Cincinnati Police Department, District Three and the Westwood Civic Association]

REPORT, dated 10/25/2006, 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 Cherradi Enterprise LLC DBA Don's Deli, 1500 Beech Avenue, First Floor. (#1415397, Transfer of Ownership, C1, C2, D6) [Objections: City of Cincinnati Police Department, District Three and the Price Hill Civic Club]

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 10/25/2006, requesting that the Auditor of Hamilton County draw, and the Treasurer of Hamilton County pay on such draft to the Treasurer of the City of Cincinnati weekly beginning January 2, 2007 funds derived from taxes which may be in the county treasury to the account of the City of Cincinnati.

ORDINANCE, dated 10/16/2006, submitted by Margaret Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE certain property located at 6606 Paddock Road, from an SF-6 Single-Family Residential District to a ML Manufacturing Limited District in the Bond Hill neighborhood, amending the Zoning Map. (THIS ITEM WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, NOVEMBER 7, 2006, 11:00 A.M.) (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 9/1/2006)

ORDINANCE, submitted by Margaret Wuerstle, Chief Planner, on 9/13/2006, amending Chapter 1427, Sign Chapter, of the Cincinnati Zoning Code by repealing Chapter 1427 in its entirety and ordaining new Chapter 1427, Sign Regulations. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 2/17/2006) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, OCTOBER 3, 2006 AT 1:00 P.M.)

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 WAS 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)

COMMUNICATION, dated 10/19/2006 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 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 November 17, 2006 at 1:30 p.m., Room B, City Hall.

COMMUNICATION, dated 10/19/2006, 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 #3236768-0010, Class C-1-2, Goco, Inc. dba Liberty Shell, 30 East Liberty, Cincinnati, Ohio 45202. Hearing will be held on November 17, 2006 at 10:00 a.m., Room B, City Hall.

COMMUNICATION, dated 10/19/2006, 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 and Location Application, Permit #0752784-0185, Class D-2-2X-3, New Permit Application, Permit #0752784-0185, Class D-3A, Blazin Wings, Inc., dba Buffalo Wild Wings, 200 Calhoun Street, Cincinnati, Ohio 45219. Hearing will be held on November 17, 2006, at 11:00 a.m., Room B, City Hall.

STATEMENT, (UPDATED) submitted by the Clerk of Council, from Legislative Agent Eugene F. Snavley, Executive Vice President, Cincinnati Area Board of Realtors, 14 Knollcrest Drive, Cincinnati, Ohio 45237-1635.

MOTION, submitted on 10/10/2006 by Councilmember Chris Bortz, WE MOVE that staff conduct a study to expand the allowance of Artisan uses in commercial districts. WE FURTHER MOVE that an Artisan Overlay District be created for the Madisonville business district, currently zoned CC-M.

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), dated 10/24/2006, submitted by Milton Dohoney, Jr., City Manager, AUTHORIZING the transfer of and return to source Fund 638 (Anthem Stock Sales) the amount of $450,000 from existing capital improvement project account no. 980x164x027811 (Over-the-Rhine Implementation); and further the transfer and appropriation of the amount of $450,000 from the unappropriated surplus of source fund 638 (Anthem Stock Sales) to newly-established capital improvement project account no.980x162x03265 (Kaufman Building Restoration Project); and DIRECTING the City Manager to enter into a funding agreement with Over-the Rhine Redevelopment, LLC, a wholly-owned subsidiary of Cincinnati City Center Development Corporation ("3CDC), for the purpose of granting the transferred funds to Over-the Rhine Redevelopment, LLC to finance the stabilization and renovation of the Kaufman Building located at 1721-27 Vine Street.

REPORT, dated 10/4/2006, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 7/18/2006, submitted by Councilmember Crowley, from Kathleen Nicholson, President, O'Bryonville Business Association and Margaret H. Wyant, O'Bryonville Business and Property Owner, 2000 Madison Road, Cincinnati, Ohio 45208 regarding improving the safety, beauty and economic health of O'Bryonville.

ORDINANCE, (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/20/2006, authorizing the City Manager to enter into and execute the Agreement of Purchase and Sale with the City of Blue Ash for the sale of approximately 130 acres from and reconfiguration of the Blue Ash Airport. (THIS ITEM WAS DISAPPROVED BY THE CITY PLANNING COMMISSION ON 10/6/2006)

RESOLUTION, dated 10/19/2006, submitted by Councilmember Crowley, from J. Rita McNeil, City Solicitor, 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.

RESOLUTION, dated 10/19/2006, submitted by Councilmember Crowley, from J. Rita McNeil, City Solicitor, Expressing City Council's support of the Hamilton County tax levy, which would help children in Hamilton County who are the victims of abuse and neglect.

MOTION, dated 10/23/2006 submitted by Councilmember Cranley, that City Council formally reject any pay raise for city councilmembers for this year or next year.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/7/2006, authorizing the sale of Fleet Street and part of Anchorage Road, which are no longer needed for street or other municipal purposes, to Martin Marietta Materials, Inc, and repealing Ordinance No. 178-2006.

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."

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, 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.

ORDINANCE (EMERGENCY), dated 10/25/2006, submitted by Councilmember Cranley from Milton Dohoney, Jr., City Manager, Authorizing the City Manager to execute any necessary and appropriate documents to amend to release FHD Holdings, LLC, a Colorado limited liability company, from all liabilities and obligations under the terms of the CDBG Funding Agreement and to authorize the forgiveness of a loan of Six Hundred and Ninety-Five Thousands Seven Hundred Forty Dollars ($695,740.00) of CDBG funds.

ORDINANCE (EMERGENCY), dated 10/25/2006, submitted by Councilmember Cranley, from Milton Dohoney, Jr., City Manager, Authorizing the City Manager to execute any necessary and appropriate documents to amend to release FHD Holdings, LLC, a Colorado limited liability company, from all liabilities and obligations under the terms of the CDBG Funding Agreement and First Amendment to the Funding Agreement, and to authorize the forgiveness of a loan of Two Million Dollars ($2,000,000.00) of CDBG funds.

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.

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.