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, Acting Clerk of Council Brenda Williams

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 10/23/2007 submitted by Mayor Mallory, Councilmembers, Berding, Ghiz, Bortz, Monzel, Cole, Qualls, Cranley, Thomas and Vice Mayor Crowley, that the Clerk of Council be registered with the State of Ohio Attorney General as the public records training designee representing the Mayor and all Members of Cincinnati City Council. (STATEMENT ATTACHED)

RESOLUTION, dated 10/16/2007 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, dated 9/21/2007 submitted by Councilmember Cole, from Jeffrey S. Bakst & Associates, LLC Attorneys-at-Law, 2406 Auburn Avenue, Cincinnati, Ohio 45219-2702, regarding the lack of management in the city and the incredible squandering of valuable dollars.

COMMUNICATION, dated 9/17/2007, submitted by Councilmember Cole, from David A. Crouse, 3859 Evers Street, Cincinnati, Ohio 45205 regarding the future of the West Side and Price Hill.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/24/2007, to delete a special assessment on property at 1521 Vine Street (Hamilton County Auditor's parcel 81-4-64), notwithstanding the provisions of Ordinance No. 76-2005.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/24/2007, approving and authorizing the execution of a Community Reinvestment Area Tax Exemption Agreement with KMS Realty, LTD, thereby authorizing real property tax exemption for a period of fifteen years in connection with construction of a restaurant building located at 1216 East McMillan Street, Cincinnati, Ohio 45206, at an estimated cost of $1,300,000.00 in the City of Cincinnati Community Reinvestment Area.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/24/2007, authorizing application to the Department of Housing and Urban Development for 2008 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 2008 Entitlement Year Consolidated Plan/Action Plan.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/24/2007, authorizing the City Manager to enter into a Street Light Sales Agreement with Duke Energy Ohio for the purchase of various street lights and associated facilities and equipment, within the Central Business District.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/24/2007, approving payment to the Southwest Ohio Regional Transit Authority (SORTA), in the amount of $30,000.00 for services rendered to the City of Cincinnati.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/24/2007, authorizing the Board of Health to apply for and accept a grant from the U.S. Department of Housing and Urban Development in the amount of up to $3,000,000.00 for the purpose of funding the abatement of lead hazards in privately owned properties for the three-year period of October 1, 2007 through September 30, 2010.

REPORT, dated 10/24/2007, 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 Cerleberties Banquet Hall LLC DBA (None listed), 7617 Reading Road. (#1356236, New, D5) [Objections: Cincinnati Police Department, Roselawn Community Council, and Cincinnati Recreation Commission]

REPORT, dated 10/24/2007, submitted by Milton Dohoney, Jr., City Manager, regarding update on TIF Policy and Procedures. (SEE DOCUMENT #200700858 FOR ADOPTED MOTION)

REPORT, dated 10/24/2007, 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 Nada Group LLC DBA Nada Restaurant, 600 Walnut Street. (#6281503, Transfer of Ownership & Location, D5, D6) [Objections: None]

REPORT, dated 10/24/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended September 30, 2007. (REPORT ON FILE IN CLERK'S OFFICE)

REPORT, dated 10/24/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the renewal of street lighting assessments for Group 2 - Central Business District (2007-2010).

REPORT, dated 10/24/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Tax Incentive Review Council status of property tax agreements.

REPORT, dated 10/24/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the administrative process proposal for the distribution of future Capital Arts grants.

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 WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, OCTOBER 23, 2007 AT 11:00 A.M.)

ORDINANCE, submitted by Milton Dohoney, Jr., City Manager, on 9/26/2007, 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.(APPROVED BY CITY PLANNING COMMISSION 10/19/2007)

COMMUNICATION, dated 10/17/2007 submitted by the Clerk of Council, from James Bally, Attorney, Legal Section, 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. Hearing will be held on November 19, 2007 at 1:00 p.m. Meeting Room B.

COMMUNICATION, dated 10/17/2007 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 Location Application, Permit #2352484-0002, Class C-1-2, Feltus Dunn, dba Feltus Dunn, 743 McMillan Street, Cincinnati, Ohio 45206. Hearing will be held on November 19, 2007 at 10:30 a.m. Meeting Room B.

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.

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 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 Charles J. Luken, Lawyer/Lobbyist, Esq. 21 E. State Street, Suite 1100, Columbus, Ohio 43215.

ORDINANCE, dated 7/31/2007 submitted by Councilmember Bortz, MODIFYING the provisions of the City Municipal Code, Chapter 111 by enacting Section 111-5, Hearings on Notwithstanding Ordinances, requiring notification and a hearing for notwithstanding ordinances related to zoning issues.

ORDINANCE, submitted by Councilmember Chris Bortz, NOTWITHSTANDING the provisions of Section 1405 of the Cincinnati Zoning Code, the Director of Buildings and Inspections is authorized to issue any and all necessary permits for the redevelopment of 2900 Jefferson Avenue in the Corryville neighborhood.

REPORT, dated 10/23/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated September 11, 2007, submitted by Councilmember Roxanne Qualls, I move that Zoning Code Section 1431-05. Establishment of IDC Overlay Districts be amended to read: (STATEMENT ATTACHED)

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.

RESOLUTION, submitted by Councilmember Chris Bortz, from J. Rita McNeil, City Solicitor, EXPRESSING City Council's desire to move forward with the planning of a streetcar system within the City of Cincinnati.

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.

RESOLUTION, dated 10/15/2007, submitted by Councilmember Berding, from J. Rita McNeil, City Solicitor, EXPRESSING City Council's opposition to the demolition of Westwood Elementary School, which would be a great loss to the neighborhood of Westwood.

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 Department operating account no. 050x222x7200 to the unappropriated surplus of General Fund 050.

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.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/22/2007, authorizing the City Manager to apply for and accept bridge replacement, bridge reconstructions, 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 $11,542,884.00, and to execute any agreements necessary for the receipt and administration of said grants, loans, and assistance.

ORDINANCE, (EMERGENCY), dated 10/22/2007, submitted by Milton Dohoney, Jr., City Manager, DECLARING improvements to certain parcels of real property in the City which are part of the Midtown Centre to be a public purpose and exempt from real property taxation for thirty (30) years beginning with tax year 2008; describing the various public infrastructure improvements to be made to directly benefit the respective parcels; and declaring an emergency.

ORDINANCE (EMERGENCY), dated 10/22/2007, submitted by Milton Dohoney, Jr., City Manager AMENDING Ordinance No. 245-2002, passed on June 26, 2002, to declare to be a public purpose, certain improvements which are necessary for the further development of certain real property located in North Oakley know as the Midtown Centre; and declaring an emergency.

ORDINANCE , dated 10/22/2007, submitted by Milton Dohoney, Jr., City manager APPROVING and authorizing the execution of a service Agreement with Midtown Development Group, L.L.C.

ORDINANCE, (EMERGENCY), submitted by Milton Dohoney, Jr., City Manager, AUTHORIZING the City Manager to execute a Development Agreement between the City and Midtown Development Group, LLC, an Ohio limited liability company, for the benefit of a mixed-use office, retail and hotel development, to be located at the northeast corner of Marburg Avenue and Alamo Avenue in Oakley and to be known as the Midtown Centre.

ORDINANCE, (EMERGENCY), dated 10/24/2007, submitted by Milton Dohoney, Jr., City Manager, 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.

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.

ORDINANCE, submitted on 10/23/07 by Councilmembers Ghiz and Thomas, modifying the provisions of Chapter 910, "Public Order," of the Cincinnati Municipal Code, by amending existing Section 910-10, "Excessive Sound From a Motor Vehicle," and Section 513-1, "Impoundment of Motor Vehicles," in order to increase the penalty and to provide for the seizure and impoundment of vehicles used to violate Section 910-10 three or more times within one year in order to deter habitual violations.

REPORT, dated 10/23/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 7/31/07, submitted by Councilmember Thomas, that the City Administration prepare an amendment to the Cincinnati Municipal Code (CMC) Section 701-10 that provides for the training of Cincinnati Police Department officers as individuals qualified to identify a pit bull. (STATEMENT ATTACHED)

REPORT, dated 10/23/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 7/31/07, submitted by Councilmember Monzel, that the City Administration undertake the following actions: 1. We ask that the City Administration encourage regular sweeps by the police Department to identify vicious dogs to facilitate compliance with current Ohio and City laws. 2) Furthermore, according to ORC 955.01, all dogs over three months of age are required to be registered with the county auditor. We ask that the Cincinnati Police Department fully enforce CMC 606-3 and CMC 606-99, which requires all dogs to be properly licensed and vaccinated for rabies.

REPORT, dated October 9, 2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Quality of Life Index - 2nd Quarter 2007.

REPORT, dated 10/9/2007, submitted by Milton Dohoney, Jr., City Manager, regarding additional questions regarding overtime funding. (SEE DOCUMENT #200700878 FOR PREVIOUS REPORT)

REPORT, (SUPPLEMENTAL) dated 10/23/2007, submitted by Milton Dohoney, Jr., City Manager, regarding additional questions on overtime funding. (SEE DOCUMENT #200701062 FOR ORIGINAL REPORT)