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:

MOTION, submitted by Councilmembers Berding, Bortz, Thomas, Crowley, Cranley, Monzel, Ghiz, Cole and Vice Mayor Tarbell that the attached performance measurements be adopted by Council in order to conduct an evaluation process for the City's chief executive and chief administrative officer, the City Manager. (STATEMENT ATTACHED)

MOTION, dated 11/15/2006, submitted by Councilmembers Cole, Ghiz, Berding and Bortz, that the Committee jurisdictions outlined in the Council rules be amended to include "neighborhood summit" as one of the responsibilities of the Vibrant Neighborhoods, Environment and Public Services Committee. (STATEMENT ATTACHED)

MOTION, dated 11/9/2006 submitted by Councilmember Crowley, that the following changes be made to the rules of Council (new language is in bold): 8.1 Motions; General. A motion in its final form and referred for consideration, shall be introduced and filed with the clerk's office, which communicates it to the mayor for referral to committee. If approved by a committee, the item is sent to the clerk of council who shall place it on the council agenda for the next scheduled council meeting. If rejected by a committee the item will not be placed on the Council agenda unless 3 members of council notify the clerk of council in writing that the item is to be placed on the agenda. 9.6 Adoption of Ordinances. An ordinance or resolution in its final form, and referred for consideration shall be introduced and filed with clerk's office, which communicates it to the mayor for referral to committee. If approved by a committee, the item is sent to the clerk of council who shall place it on the council agenda for the next scheduled council meeting. If rejected by a committee the item will not placed on the Council agenda unless 3 members of council notify the clerk of council in writing that the item is to be placed on the agenda. 10.8 Committee Reports. A report in its final form and referred for consideration, shall be introduced and filed with the clerk's office, which communicates it to the mayor for referral to committee. If approved by a committee, the item is sent to the clerk of council who shall place it on the council agenda for the next scheduled council meeting. If rejected by a committee the item will not be placed on the Council agenda unless 3 members of council notify the clerk of council in writing that the item is to be placed on the agenda. (STATEMENT ATTACHED)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/22/2006, authorizing the grant of permanent easement within the Irene Alley right-of-way to Rosezell and Alice Wallace for the location of a private sanitary sewer lateral, which interest is not needed for any municipal purpose.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/22/2006, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 1-2-346) to public use for street purposes as an addition to Beechmont Avenue.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/22/2006, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 209-4-206) to public use for street purposes as an addition to Westwood Northern Boulevard and Goebel Avenue.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/22/2006, dedicating, accepting and confirming the dedication of a parcel of city-owned land (known as Auditor's parcel 118-1-146) to public use for street purposes as an addition to Paddock Road and Laidlaw Avenue.

REPORT, dated 11/22/2006, 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 Ulysses G. Carlisle DBA Carlisle Family Restaurant, 7727 Reading Road. (#1261980, New, D3A) [Objections: None]

REPORT, dated 11/22/2006, 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 RVS Enterprises, LLC DBA Westside Liquor, 5712 Glenway Avenue. (#7628186, Liquor Agency Contract) [Objections: None]

REPORT, dated 11/22/2006, 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 RVS Enterprises, LLC DBA Westside Liquor, 5712 Glenway Avenue. (#7628186, Transfer of Ownership, C1, C2) [Objections: None]

REPORT, dated 11/22/2006, 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 SMRR Club, LLC DBA Havana Martini Club, 441 Vine Street, 1st Floor, Suite 1B. (#8325032, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: None]

REPORT, dated 11/22/2006, 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 Herbert Wayne Washington DBA Stanton Deli & Carry Out, 2812 Stanton Avenue, Basement Level. (#9420592, Transfer of Ownership, C1, C2) [Objections: None]

REPORT, dated 11/22/2006, submitted by Milton Dohoney, Jr. City Manager, regarding the Department of Finance Reports for the month ended October 31, 2006.

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 11/22/2006, declaring the intent to appropriate to public use the real property required for the improvement of Fort Washington Way.

ORDINANCE, dated 10/30/2006 submitted by Margaret Wuerstle, Chief Planner, to rezone certain property located south of Gest Street, west of Evans Street and east of the Baltimore & Ohio Railroad line right-of-way for certain property in PD-15, a Planned Development District in the neighborhood of Lower Price Hill, from Planned Development (PD) to Manufacturing General (MG) amending the Zoning Map. (THIS ITEM WILL BE HELD BEFORE THE ECONOMIC COMMITTEE TUESDAY, 11/21/2006 AT 11:00 A.M.)(CITY PLANNING COMMISSION APPROVED THIS ITEM ON 9/1/2006)

MEMO, dated 11/14/2006, submitted by the Clerk of Council from J. Rita McNeil, City Solicitor, declaring the intent to appropriate property for the Third/Linn/Dalton Street water main improvement project.

MOTION, dated 11/1/2006, submitted by Councilmembers Monzel and Crowley, that a special session of Cincinnati City Council be held on Tuesday, November 14, at 4:00 p.m for the purpose of convening a joint meeting with the Board of Education of the Cincinnati Public Schools.

NOTICE, dated 11/8/2006 by Melissa A. Autry, Clerk of Council to Mayor Mallory and all Councilmembers of Special Session of City Council on Tuesday, November 14, 2006 at 4:00 p.m. in City Hall Council Chambers.

RECEIPT, signed by the Mayor and all the Councilmembers of the notice of special session of City Council to be held on Tuesday, November 14, 2006 at 4:00 p.m. in City Hall Council Chambers.

VERIFICATION, dated 11/8/2006, of publication of notice of the special session of Cincinnati City Council joint with the Cincinnati Board of Education.

ORDINANCE, (Emergency) submitted on 09/18/06 by Council member Berding establishing the process to be followed by the Council members and the Mayor in forming a City Manager Performance Measurement Committee and a City Manager Performance Review Committee.

MOTION, dated 2/3/2006, submitted by Councilmembers Bortz, Berding and Ghiz that the Agreement for the Creation of the Port of Greater Cincinnati Development Authority be revised as follows: 1. That the size of the Port Authority Board be reduced to seven members, of which three (3) shall be appointed by the Mayor of the City, with the advice and consent of Council, three (3) shall be appointed by the Board of County Commissioners, and one shall be joint appointment by the City and County, with formal appointment by the Mayor, but only with the prior approval of both Council and the Board of County Commissioners. 2. That jurisdiction of the Port Authority for economic development financing and other Port Authority activities shall include all of Hamilton County. 3. That the Port Authority have all the powers provide to port authorities under Ohio law, except for the authority to levy property taxes with voter approval. WE FURTHER MOVE that the Administration send a letter requesting that the Hamilton County Commissioners make these same revisions to the Agreement for the Creation of the Port of Greater Cincinnati Development Authority with sixty days of City Council's approval. (STATEMENT ATTACHED)

MOTION, dated February 15, 2006, submitted by Councilmembers Chris Bortz, Jeff Berding, John Cranley, Cecil Thomas, Leslie Ghiz, Laketa Cole, David Crowley, Chris Monzel, and Vice Mayor James Tarbell. WE MOVE that the Banks Development ordinance be adopted.

ORDINANCE (EMERGENCY), dated February 15, 2006, submitted by Councilmembers Chris Bortz, Jeff Berding, John Cranley, Cecil Thomas, Leslie Ghiz, Laketa Cole, David Crowley, Chris Monzel and Vice Mayor James Tarbell establishing a Joint City-County Banks Commission to ensure mutual cooperation for the development of The Banks.

MOTION, dated 05/08/2006, submitted by Councilmembers Berding, Bortz, Ghiz, and Vice-Mayor Tarbell, that Council approve the request from the Cincinnati USA Regional Chamber asking Council to recognize the value of the 2006 Taste of Cincinnati USA "Taste" and Oktoberfest-Zinzinnati "oktoberfest" USA festivals, held in downtown Cincinnati, and honor our past commitment to these events by taking steps necessary to approve free or at a subsidized rate fire and EMS services for the two 2006 festivals.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/1/2006, authorizing the City Manager to execute any necessary and appropriate documents to extend a loan from federal HOME funds to Over-The-Rhine Community Housing and Magnolia Heights Limited Partnership, in the amount of One Million Three Hundred Forty-One Thousand Seven Hundred Forty-Six and 00/100 Dollars ($1,341,746.00) for the repair and rehabilitation of 16 buildings in the neighborhoods of Mt. Auburn, Over-the-Rhine, Pendleton and the West End for rental to low-income households.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/8/2006, to delete a lien on the property located at 984 Burton Avenue (Hamilton County Auditor's parcel 106-05-015), notwithstanding the provisions of Cincinnati Municipal Code Section 731-11.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/8/2006, approving payment in the amount of $2,142.22 to The Mercer Group, Inc. as a moral obligation for management consultant services rendered to the Board of Health of the City of Cincinnati for the hiring of the Health Commissioner.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/8/2006, approving and authorizing the execution of the Ninth Amendment to the County Water Area Contract for the purpose of allowing the Village of Cleves to provide water service to a small area of Miami Township that was previously designated to receive water service from the City of Cincinnati as part of the County Water Area.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/15/2006, authorizing the City Manager to enter into a Second Amendment to CDBG Professional Service Agreement for the Coordination of Service Assistance for Hurricane Katrina Rita Evacuees with The Partnership Center, LTD, for the purpose of providing continued coordination of the service assistance delivery, that was formerly provided within the Katrina Service Center, to Hurricane Katrina and Hurricane Rita Evacuees, through June 30, 2007.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/15/2006, authorizing the transfer of the sum of $3,308,360 from various restricted fund accounts to other restricted fund accounts for the purpose of realigning and providing funds to allow for the continuation of City of Cincinnati services, and appropriating certain amounts from the Unappropriated Surplus for current year operating expenses.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/15/2006, authorizing the transfer of the sum of $6,139,340 within the General Fund from and to various operating accounts for the purpose of realigning and providing funds to allow for the continuation of City services, and appropriating certain amounts from the Unappropriated Surplus for current year operating expenses.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/20/2006, authorizing the transfer and appropriation of the sum of $50,000.00 from the Reserve for Contingencies account no. 050x990x7200 to the County Clerk Fees account no. 050x943x7200, for the purpose of realigning and providing funding to allow for the continuation of City services through the end of the year.

ORDINANCE, (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/20/2006, providing for the issuance, sale and delivery of not to exceed $120,000,000 of water system refunding Revenue Bonds, Series 2006, of the City of Cincinnati, County of Hamilton, State of Ohio, for the purpose of refunding outstanding bonds; authorizing a pledge of a lien of water system revenues to secure such bonds and obligations issued on a parity therewith; authorizing a fifth supplemental trust agreement; authorizing necessary documents to secure such bonds; and declaring an emergency.

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. (THIS ITEM WAS APPROVED BY CITY PLANNING COMMISSION ON 11/17/2006)

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." (THIS ITEM WAS APPROVED BY CITY PLANNING COMMISSION 11/17/2006)

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." (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 11/17/2006)

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." (ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 11/17/2006)

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." (APPROVED BY THE CITY PLANNING COMMISSION 11/17/2006)

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." (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 11/17/2006)

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." (APPROVED BY THE CITY PLANNING COMMISSION 11/17/2006)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/1/2006, accepting and confirming the dedication of an easement to public use for pedestrian and utility purposes for the improvement of Park Avenue in accordance with a deed from the Board of Education of the City School District of the City of Cincinnati. (THIS ITEM WAS APPROVED BY CITY PLANNING COMMISSION ON 11/17/2006)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/1/2006, accepting and confirming the dedication of an easement to public use for street and utility purposes for the widening of Wickham Alley in accordance with a deed from Charter Development Company, LLC. (THIS ITEM WAS APPROVED BY CITY PLANNING COMMISSION 11/17/2006)