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 Asst. City Manager Scott Stiles Asst. City Solicitor Ernest McAdams 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 9/26/2007 submitted by Mayor Mallory, recommending the appointment of Jeaunita Olowe to the Vice Chair post for the Cincinnati Arts Allocation Committee. Ms. Olowe is an active member of the Cincinnati Arts Allocation Committee since 2004. She is a dancer choreographer, Education Director, and Company Manager for Bi-Okoto Drum & Dance Theater.

APPOINTMENT, dated 9/26/2007 submitted by Mayor Mallory, recommending the appointment of Sean Rhiney to the Cincinnati Arts Allocation Committee. Mr. Rhiney will serve a term that begins October 1, 2007 and ends on September 30, 2010.

APPOINTMENT, dated 9/26/2007 submitted by Mayor Mallory, recommending the appointment of Andy Marko to the post of Chair of the Cincinnati Arts Allocation Committee. Mr. Marko is an active Committee member who has served on the Cincinnati Arts Allocation Committee since 2000. Mr. Marko, an artist and instructor in media arts, has held the position of Chair since 2004.

REAPPOINTMENT, dated 9/26/2007 submitted by Mayor Mallory, recommending the re-appointment of Glenn Ray to the Cincinnati Arts Allocation Committee. Mr. Ray will serve a term that begins October 1, 2007 and ends on September 30, 2010.

REAPPOINTMENT, dated 9/26/2007 submitted by Mayor Mallory, recommending the re-appointment of Kate Kern to the Cincinnati Arts Allocation Committee. Ms. Kern will serve a term that begins October 1, 2007 and ends on September 30, 2010.

RESOLUTION, dated 10/8/2007 submitted by Councilmember Berding, EXPRESSING City Council's opposition to the demolition of Rothenberg School, which would be a great loss to the Cincinnati neighborhoods of Over-the-Rhine, Pendleton and Downtown.

COMMUNICATION, 9/28/2007 submitted by Vice Mayor Crowley from Michael D. Morgan, J.D. Executive Director, The Over The Rhine Foundation, 1317 Main Street, Cincinnati, Ohio 45202 regarding turning land north of the SCPA lot and the current Washington Park School site into city-owned greenspace.

MOTION, dated 10/9/2007 submitted by Vice Mayor Crowley, Councilmembers Qualls and Monzel that the special events policy, which changed beginning in 2007, be permanently amended in the following manner: The following not-for-profit cultural/heritage events who have traditionally received City subsidy permanently be treated as 10% cost share events: The Findlay Market Opening Day Parade, The St. Patrick's Day Parade, The Black Family Reunion, Juneteenth, We Further Move that any event receiving a City subsidy be required to "open its books" to the City to ensure that the event is in fact a not-for-profit venture. This should include actual amounts from previous years when available. Additionally, any events receiving City subsidy is required to hire City of Cincinnati Police and Fire when such services are required. WE FURTHER MOVE that the $600,000 Special Events/Small Arts Capital Grant Fund created by City Council in June of 2007 be made permanent. The $300,000 in this fund in each 2007 and 2008 will pay for the event subsidy (approximately $150,000 in each 2007 and 2008) and will include a minimum of $150,000 annually for the Small Arts Grant program. WE FURTHER MOVE that if events such as those listed below allow the city to review their financial records, in order to demonstrate that the event is not generating excess revenues, including previous years when available, they may be considered for a subsidy first by the City Administration and then by City Council: The Taste of Cincinnati, Oktoberfest, Riverfest, The Heart Mini-Marathon, Bluesfest, The Hyde Park Fireworks, Events not receiving City subsidy. WE FURTHER MOVE that any shortage of funds for the events in 2007 which Council has exempted (Opening Day Parade, St. Patrick's Day Parade, Mini-Heart Marathon) be taken out of the 2007 approved Special Events/Small Arts Capital Grant fund. (STATEMENT ATTACHED)

COMMUNICATION, dated 9/25/2007 submitted by Councilmember Ghiz, from Dan Boller, Jr. President, East Price Hill Improvement Association, P.O. Box 5420, Cincinnati, Ohio 45205 regarding the Whittier Elementary School located at 945 Hawthorne Avenue that has been vacant for over a year.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/10/2007, authorizing the grant of a permanent easement for ingress and parking over City-owned property at 3983 Erie Avenue to Episcopal Retirement Homes, Inc., which interest is not needed for any municipal purpose.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/10/2007, authorizing the sale of two parcels of surplus City-owned real property, one abutting 234 Carrel Street, the other to the rear of 234 Carrel Street, to John Oscar Rogers, Jr., which real property is no longer needed for any municipal purpose.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/10/2007, to vacate the west 67.97 feet of Whittaker Alley east of Martin Street.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/10/2007, authorizing the City Manager to enter into the Agreement of Lease with Santa Maria Community Services, Inc. for City-owned property located at 715 State Avenue, which property is not needed for any municipal purpose during the term of the lease.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/10/2007, authorizing the City Manager to enter into the Lease Agreement with Ashland Drydocking Company for City-owned property on River Road known as the Muddy Creek Treatment Plant, which property is not needed for any municipal purpose during the term of the lease.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/10/2007, authorizing the transfer of the sum of $3,130,000.00 between various operating accounts within Water Works Fund 101 for the purpose of realigning and providing funds to allow for the continuation of City services through the end of the year.

REPORT, dated 10/10/2007, 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 James Arthur Lykins DBA (None listed), 953 Pavilion Street. (#5364081, New, D5) [Objections: Mount Adams Civic Association]

REPORT, dated 10/10/2007, 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 DITR LLC DBA (None listed), 120-22 W. Sixth Street. (#2202617, New, D5) [Objections: None]

REPORT, dated 10/10/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of a permit application for Ray Rumpke Inc. DBA Valley Beer Drive Thru, 7117 Vine Street. (#7224613, Transfer of Stock, C1, C2, D6)[Objections: None]

REPORT, dated 10/10/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of a permit application for Aramark Food Services LLC DBA UC Nippert Stadium Shoemaker Center & Nippert Stadium & Schott Stadium & View Cafe, 2700 O'Varsity Way. (#02526350005, Transfer of Ownership, D1) [Objections: None]

REPORT, dated 10/10/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of a permit application for Encore Entertainment Group LLC DBA On Broadway Bar, 817 Broadway Street, 1st Floor, Basement & Patio. (#2519565, Transfer of Ownership, D5, D6) [Objections: None]

REPORT, dated 10/10/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Department of Liquor Control, advising of a permit application for Aramark Educational Services LLC DBA Tangemen Center Floors 1, Kitchen, 3, 4, & 4 Patio Linder Center 7 & 8 Floors only, 2751 O'Varsity Way, 2766 UC Main Street. (#02520740015, Transfer of Ownership, D1, D2, D3, D6) [Objections: None]

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 10/10/2007, declaring the intent to appropriate to public use property required for the improvement of Colerain Avenue at West Fork Road and Virginia Avenue; now therefore.

ORDINANCE, submitted by Michael Cervay, Director, Community Development and Planning, TO REZONE certain property from RM-1-2, Residential Multi-Family District and CG-A. Commercial General-Auto District to IR, Institutional-Residential District at 5500 Verulam Avenue in the Pleasant Ridge neighborhood amending the Zoning Map. (APPROVED BY THE CITY PLANNING COMMISSION ON 10/5/2007) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, OCTOBER 23, 2007 AT 11:00 A.M.)

ORDINANCE, (EMERGENCY) submitted by Margaret A. Wuerstle, AICP, Chief Planner, Department of Community Development and Planning, AMENDING Ordinance 141-2006 by rezoning Block 13 of "The Banks" from DD-D Downtown Development District, Subdistrict D-Riverfront, to PD No. 43, Planned Development District and adopting an amended concept plan and development program statement for PD No. 43, Planned Development District in the Central Business District, commonly known as "The Banks." (APPROVED BY THE CITY PLANNING COMMISSION ON 8/16/2007) (PUBLIC HEARING TO BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, OCTOBER 23, 2007 AT 11:00 A.M.)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 9/12/2007, authorizing the City Manager to enter into an agreement of lease with Jason III Aviation, Inc., for Lunken Airport Lease Area 4 containing Hangar 4. (APPROVED BY THE CITY PLANNING COMMISSION ON 10/5/2007)

COMMUNICATION, dated 10/2/2007 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, Permit #6707286-0001, Class D-1-2-3-3A-6, Parktown Cafe, Inc., dba Parktown Cafe, 1726 Linn Street, Cincinnati, Ohio 45214.

REGISTRATION, submitted by the Clerk of Council, transmitting the Legislative Agent/Employer Initial Registration for James T. Benedict, Consultant, Government Strategies Group, 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council, transmitting the Legislative Agent/Employer Initial Registraton for Charles E. Gerhardt, III, President Government Strategies Group, LLC, 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council, transmitting the Legislative Agent/Employer Initial Registration for James T. benedict, Consultant, Government Strategies Group, 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council transmitting the Legislative Agent/Employer Initial Registration for Charles E . Gerhardt, III, Consultant, President, 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council, transmitting the Legislative Agent/Employer Initial Registration for Charles H. Gerhardt, III, Consultant, President 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council, transmitting the Legislative Agent/Employer Initial Registration for James T. Benedict, Consultant, Government Strategies Group, 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council, transmitting the Legislative Agent/Employer Initial Registration for James T. Benedict, Consultant, Government Strategies Group, 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.

REGISTRATION, submitted by the Clerk of Council transmitting the Legislative Agent/Employer Initial Registration for Charles H. Gerhardt, III, Consultant, President, 700 Walnut Street, Suite 205, Cincinnati, Ohio 45202.

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

ORDINANCE, dated 10/9/2007 submitted by Councilmember Chris Bortz, NOTWITHSTANDING the provisions of Sections 1427-21, 1427-23, 1427-25, and Section 1427-37 of the Cincinnati Zoning Code, the Director of Buildings and Inspections is authorized to issue any and all necessary permits for the redevelopment of 435 E. Martin Luther King Drive in the Walnut Hills neighborhood.

ORDINANCE dated 10/9/2007 submitted by Councilmember Chris Bortz, NOTWITHSTANDING the provisions of Sections 1427-21, 1427-25, and 1427-37 of the Cincinnati Zoning Code, the Director of Buildings and Inspections is authorized to issue any and all necessary permits for the redevelopment of 2500 Highland Avenue in the Mt. Auburn neighborhood.

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 serving 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 (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.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/3/2007, authorizing the City Manager to enter into and execute a First Amendment to Lease Agreement-Corporation for Findlay Market of Cincinnati and a First Amendment to Findlay Market Management Agreement with The Corporation for Findlay Market of Cincinnati, to incorporate additional properties located in the Findlay Market area of Cincinnati into the Lease Agreement at the negotiated rent of $1.00 per year which is less than the fair market rental; and, to amend the Management Agreement to provide for the management and operation of the additional properties by The Corporation for Findlay Market of Cincinnati.

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)

RESOLUTION submitted by Milton Dohoney, Jr., City Manager, on 10/3/2007, authorizing tax levies for the fiscal year beginning January 1, 2008 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 and are lawfully applicable to the purpose of this fiscal year to the City Treasurer pursuant to R.C. 321.34.

MOTION, dated 10/9/07, submitted by Councilmembers Thomas, Monzel, Ghiz, Berding, Bortz and Cranley, that the City Administration, in conjunction with Metro, find an alternative site for the Metro bus layover on Midway Avenue, within 60 days and discontinue use of the Midway Avenue site along Oskamp Park and Playground. (STATEMENT ATTACHED)