Council convened in Council Chamber at 2:00 p.m., Mayor Mallory Presiding. Present were Councilmembers Berding, Bortz, Cole, Cranley, Crowley, Ghiz, Monzel, Qualls and Thomas (9)

Also in attendance were City Manager Milton Dohoney, Jr., City Solicitor 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:

COMMUNICATION, submitted by Vice Mayor Crowley, from Holly D. Dorna, MA, LPCC, President, Mt. Auburn Chamber of Commerce, 2404 Auburn Avenue, Cincinnati, Ohio 45219, requesting that the City Council review current ordinances pertaining to protests held on the public right-of-way.

MOTION, dated 9/26/2007 submitted by Vice Mayor Crowley, WE MOVE that there be no change to the healthcare benefits of the current pool of City retirees. *Except those who have already taken the early retirement option. (*Amended on the floor of Council 9/26/2007) (See document #200701030)

MOTION, dated 9/26/2007 submitted by Vice Mayor Crowley, WE FURTHER MOVE that the City Administration lead a working committee to include, current City employees' unions, the Retirement Board, the City Administration and any other experts in the field deemed necessary, to negotiate a set of recommendations detailing how to best determine an alternative to a January 1, 2008 start date for changes to future retirees benefits. WE FURTHER MOVE that the working committees recommendations be presented to Council on or before March 15, 2008. WE FURTHER MOVE that the City administration provide a report to City Council by December 1, 2007 detailing what the financial impact is of the 269 employees retiring under the 80/20 plan versus them retiring under the plan that the current retirees have. (STATEMENT ATTACHED) (Amended on the floor of Council 9/26/2007 see Document #200701029)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/26/2007, modifying the administrative procedures established in Section 1, "Board of Trustees", of Article XV of the Administrative Code, "Retirement Board", by amending that section to provide that the four elected member trustees of the Board of Trustees who are elected by active City employees will be required to remain current contributing members of the Cincinnati Retirement System while seving in the capacity on the Board of Trustees of the Cincinnati Retirement System.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/26/2007, amending Cincinnati Municipal Code Section 401-90, Contract Billing Services, Water Quality Analysis and Lab Services for Other Agencies.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/26/2007, authorizing the grant of a permanent easement on city-owned property located at 567 Liberty Hill to Baymiller Investors, LLC for landscaping and the location of a fence, which interest is not needed for any municipal purpose.

ORDINANCE, (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/26/2007, authorizing the sale of surplus City-owned real property at 3930-32-34 Spring Grove Avenue to TDG LLC, which real property is no longer needed for any municipal purpose.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/26/2007, authorizing the expenditure of up to $100,000.00 from existing Police Department operating account no. 050x222x7200 for the purpose of funding the International Police Executive Symposium which will be held in Cincinnati in May 2008; and further authorizing the transfer and return to source of the amount of $37,777.36 from existing 2006 Police Deparment operating account no. 050x222x7200 to the unappropriated surplus of General Fund 050.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/26/2007, authorizing the City Manager to apply for and accept a grant in the amount of $79,500.00 from the Governor's Highway Safety Office for the purpose of funding a law enforcement liaison to assist in achieving Ohio's safety goals and objectives.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/26/2007, authorizing the City Manager to apply for and accept a grant in the amount of $64,818.08 from the Governor's Highway Safety Office for the purpose of funding an intensified traffic enforcement program aimed at reducing deaths and injuries resulting from vehicular crashes due to speed, loss of control, and restraint violations.

REPORT, dated 9/26/2007, 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 Sung Korean Bistro LLC DBA (None listed), 700 Elm Street. (#8696477, New, D3) [Objections: None]

REPORT, dated 9/26/2007, 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 Oceanaire Restaurant Co. Inc., DBA Oceanaire Seafood Room, 580 Walnut Street. (#6504170, Transfer of Ownership & Location, D1, D2, D6) [Objections: None]

REPORT, dated 9/26/2007, 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 Oceanaire Restaurant Co., Inc. DBA Oceanaire Seafood Room, 580 Walnut Street. (#6504170, New, D3) [Objections: None]

REPORT, dated 9/26/2007, 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 HI Neighbor Inc. DBA (None listed), 1735 Highland Avenue. (#3817100, Transfer of Ownership, C1, C2) [Objections: None]

REPORT, dated 9/26/2007, 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 West 8th 3603 Inc. DBA West 8th Carryout, 3603 West 8th Street. (#9556024, Transfer of Ownership, C1, C2) [Objections: None]

REPORT, dated 9/26/2007, 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 Wil Klare Inc. DBA (None listed), 428 Walnut Street. (#9605875, Transfer of Stock, D5, D6) [Objections: None]

REPORT, dated 9/26/2007, 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 Seny LLC DBA (None listed), 1544 Madison Road. (#7979831, Transfer of Ownership & Location, D2, D2X, D3, D3A, D6) [Objections: None]

REPORT, dated 9/26/2007, 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 Gateway Entertainment LLC DBA Parlor Speakeasy, 1134-42 Main Street. (#3070584, Transfer of Ownership & Location, D5, D6) [Objections: None]

REPORT, dated 9/26/2007, 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 John Grimes Family LLC DBA West 8th Carryout, 3603 West 8th Street. (#4308500, Transfer of Stock, C1, C2) [Objections: None]

REPORT, dated 9/26/2007, 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 Madison of Cincy LLC DBA J DS, 2404-06 Spring Grove Avenue. (#5413407, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: None]

REPORT, dated 9/26/2007, 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 SMC 3652 LLC DBA Olives Restaurant, 342 Ludlow Avenue, 1st Floor & Basement. (#7645889, Transfer Exempt, D2, D2X) [Objections: None]

REPORT, dated 9/26/2007, 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 Feltus Dunn DBA Feltus Dunn, 743 E. McMillan Street. (#23524840002, Transfer of Location, C1, C2) [Objections: Cincinnati Police Department and Walnut Hills Community Council]

REPORT, dated 9/26/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended August 31, 2007. (REPORT ON FILE IN CLERK'S OFFICE)

ORDINANCE, dated 8/31/2007 submitted by the Clerk of Council from Margaret A. Wuerstle, Chief Planner, Department of Community Development and Planning, TO REZONE certain property at 24 East University Avenue in the Corryville neighborhood from the RMX Residential Mixed District to the CN-M, Commercial Neighborhood Mixed District. (APPROVED BY THE CITY PLANNING COMMISSION ON 6/1/2007) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, SEPTEMBER 25, 2007 AT 12:00 P.M.)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/6/2007, authorizing the grant of a permanent easement within the right-of-way at 2155 W. Eighth Street to B & B Real Estate Investment and Management Group Ltd., which real property interest is no longer needed for any municipal purpose. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION ON 9/21/2007)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/6/2007, authorizing the grant of a permanent private sewer easement and a temporary construction easement to Children's Hospital Medical Center, which interests are not needed for any municipal purpose. (THIS ITEM WAS APPROVED BY THE CITY PLANNING COMMISSION 9/21/2007)

COMMUNICATION, dated 9/17/2007 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 2007-2008 Renewal Application, Permit #9611024, Class D-1-2-3-3A-6, Wilbar Grille, LLC, dba Queen Ann Grill & Bar, 2141 Central Avenue, 1st Floor, Cincinnati, Ohio 45214.

COMMUNICATION, dated 9/12/2007 submitted by the Clerk of Council, from Terry Poole, Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding Transfer of Ownership Application, Number 0118845, Class C-1-2,D-6, Allasandi, LLC dba Glenway Market, 4420 Glenway Avenue, Cincinnati, Ohio 45205.

COMMUNICATION, dated 9/12/2007 submitted by the Clerk of Council, from Terry Poole, Superintendent, Ohio Department of Commerce, Division of Liquor Control, 6606 Tussing Road, Reynoldsburg, Ohio 43068-9005 regarding 2007-2008 Renewal Application, Number 9133589, Class C-1-2,D6, UDPRI LLC, dba Glenway Market, 4420 Glenway Avenue, Cincinnati, Ohio 45205.

STATEMENT, submitted by the Clerk of Council formally filing a copy of the Financial Disclosure Statement for Roxanne Qualls, Councilmember.

MOTION, dated September 11, 2007, submitted by Councilmember Jeff Berding, WE MOVE that the Administration investigate the feasibility of using the City's $2,600,000 of federal SAFETEA-LU funds for completion of a bike/hike bridge across the Little Miami River and a related trail so as to ultimately connect the bike/hike trail at Lunken Airport to the Little Miami Scenic Trail, which currently ends in Newtown, Ohio; (STATEMENT ATTACHED)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 9/12/2007, authorizing the Cincinnati Recreation Commission (CRC) to enter into an agreement with the Reds Community Fund (RCF) regarding the construction and maintenance of a handicap-accessible synthetic baseball field, the construction of a restroom building, and the relocation of two existing baseball fields at Oskamp Recreation Area.

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 9/6/2007, declaring the intent of Council to use "The Cincinnati Parks Centennial Master Plan" as a guide for its future policy decisions affecting Cincinnati Parks. (PLAN ON FILE IN CLERK'S OFFICE).

MOTION, dated 09/24/2007, submitted by Councilmembers Ghiz, Cranley, Cole, Bortz, Thomas, Qualls, Berding and Vice-Mayor Crowley, that the City Administration's proposed changes to city retiree benefits include only future employees retiring on or after January 1, 2008. (STATEMENT ATTACHED)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 8/1/2007, authorizing the City Manager to apply for and accept a grant of approximately $500,000.00 from the Community Oriented Policing Services for the purpose of providing funding for the purchase and installation of surveillance cameras along the western corrdior as part of the Western Corridor Safe City Project.

ORDINANCE (EMERGENCY) submitted by Councilmember Cranley, from J. Rita McNeil, City Solicitor, Authorizing the transfer and return to source Fund 638, the Anthem Stock Sales fund, the sum of $6,000 from the Capital Arts Project '04 capital improvement program project account no. 980x162x02935; and further Authorizing the transfer and appropriation of the sum of $6,000 from the unappropriated surplus of Fund 638 to the Community Development and Planning Department's General Fund operating account no. 050x164x7200.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/12/2007, amending Cincinnati Municipal Code Section 910-12, "Improper Solicitation", to resolve pending litigation matters related to the existing version of the Municipal Code provision, which changes are intended to preserve the City's right to regulate and enforce issues and conduct related to improper solicitation while making modifications to resolve the pending litigation in a cost-effective and expeditious manner.

MOTION, dated 9/26/2007 submitted by Councilmember Qualls, that the administration provide the Westwood Community with alternatives to the widening of Montana Avenue. (STATEMENT ATTACHMENT