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

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, dated 9/12/2006, submitted by Councilmember Bortz, that Section 7.7 of the Rule of Council be altered to read as follows: "The Clerk shall make copies of the calendar for a regular meeting available in the clerk's office by 4:00 PM of the day preceding the meeting." (STATEMENT ATTACHED)

COMMUNICATION, dated 11/1/2006, submitted by Councilmember Ghiz, from Ernie Macke, President, Sayler Park Village Council, P.O. Box 33178, Cincinnati, Ohio 45233, regarding the number and size of the trucks traveling on Monitor Avenue.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/29/2006, authorizing the transfer of the sum of $5,000 within General Fund 050 for the purpose of adjusting the office budget of Councilmember Y. Laketa Cole.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/29/2006, authorizing the City Manager to enter into an Agreement of Lease with Beethoven Place Condominium Association, Inc. for the parking lot on Morris Street in Eden Park, which property is not needed for any municipal purpose during the term of the Lease.

REPORT, dated 11/29/2006, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 09/30/2006 submitted by Councilmember Chris Bortz, from Marion Haynes, Dear Mr. Berding: I wish to bring a Fourth Street problem to your attention. The problem on Fourth Street is the city-owned parking structure often referred to as the Tower Place Parking Garage. Elm, Fourth and Race Streets bound the garage. As a downtown resident and future Fourth Street stakeholder, I find the aging garage to be a blighted eyesore painfully in need of a fresh coat of paint.

REPORT, dated 11/29/2006, 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 BHI Food, Inc. DBA (None listed), 913 Sycamore Street. (#0683889, New, C1) [Objections: City of Cincinnati, Department of Buildings and Inspections]

REPORT, dated 11/29/2006, 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 Don 1 Entertainment, LLC DBA (None listed), 221 East Twelfth Street. (#2244986, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: None]

ORDINANCE, dated 11/21/2006, submitted by Margaret A.Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Chapter 1445, Variances, Special Exceptions and Conditional Uses, of the Cincinnati Zoning Code by amending Schedule 1445-07: List of Allowable Special Exceptions. (CITY PLANNING COMMISSION APPROVED THIS ITEM 10/20/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE TUESDAY, 12/19/2006 AT 11:00 A.M.)

ORDINANCE, dated 11/21/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Chapter 1425, Parking and Loading Regulations, of the Cincinnati Zoning Code by amending Section 1425-23, Reduced Parking. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 10/20/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE TUESDAY, 12/19/2006 AT 11:00 A.M.)

ORDINANCE, dated 11/27/2006, submitted by Michael L. Cervay, Director, Community Development & Planning, MODIFYING the provisions of Chapter 1425, Parking and Loading Regulations of the Cincinnati Zoning Code by amending Schedule 1425-19A: Off-Street Parking and Loading Requirements. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON APRIL 7, 2006 AND OCTOBER 20, 2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE ON TUESDAY, 12/19/2006 AT 11:00 A.M.)

ORDINANCE, dated 11/13/2006 submitted by Michael L. Cervay, Director, Community Development & Planning, MODIFYING the provisions of Chapter 1401, Definitions, of the Cincinnati Zoning Code by amending Section 1401-01-G4 and reordaining former Section 1401-01-G4 as Section 1401-01-G5 and reordaining former Section 1401-01-G5 as Section 1401-01-G6. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 10/6/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 12/19/2006 AT 11:00 A.M.)

ORDINANCE, dated 11/21/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Chapter 1425, Parking and Loading Regulations, of the Cincinnati Zoning Code by amending Section 1425-03. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 4/7/2006) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 12/19/2006 AT 11:00 P.M.)

ORDINANCE, dated 11/21/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, MODIFYING the provisions of Chapter 1401, Definitions of the Cincinnati Zoning Code by amending Section 1401-01-E2. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 10/6/2006) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 12/19/2006 AT 11:00 A.M.)

ORDINANCE, dated 11/21/2006, submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, MODIFYING Title XIV, Zoning Code of the City of Cincinnati, of the Cincinnati Municipal Code by amending Section 1409-15: Truck Docks; Loading and Service Areas. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 5/5/2006) (A PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, 12/19/2006 AT 11:00 A.M.)

MOTION, dated 06/26/06 submitted by Councilmember Berding, that Section 10.10 of the Rules of Council be altered to read as follows: "Council may also, by an affirmative vote of two-thirds of the members of council, relieve a committee of further consideration of a matter referred to it and either order the matter placed on the calendar for consideration or send the matter to the Mayor to be referred to a new committee. (STATEMENT ATTACHED)

MOTION, dated 10/12/06, submitted by Councilmember Bortz, that Section 7.7 of the Rules of Council be altered to read as follows: The clerk shall make copies of the calendar for a regular meeting available in the Clerk's Office by 4:00 p.m. of the day preceding the meeting. The supplement shall be made available by 11:00 a.m. of the day of the meeting. With exception to meetings where a committee meeting is held the evening prior, the supplement will be do at 1:00 p.m. (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)

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 submitted by Milton Dohoney, Jr., City Manager, on 11/15/2006, accepting and confirming the dedication of additional right-of-way for Strafer Street, in accordance with the plat entitled "Dedication Plat of Additional Right of Way for Strafer Street."