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

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

RESOLUTION, dated 10/31/2007 submitted by Councilmember Ghiz, EXPRESSING the support of the Council of the City of Cincinnati for House Resolution 3852 introduced by Congressman Chabot to amend Title 46 of the United States Code in order to extend the special Congressional exemption that allows the historical Delta Queen to operate as an overnight passenger vessel.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/7/2007, authorizing the sale of 3926-28 Spring Grove Avenue to Northside Business Association, which real property is no longer needed for any municipal purpose.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/7/2007, amending Ordinance No. 569-1952, which directed that revenues received from rental or sale of any City property purchased for any purpose other than expressways, Blue Ash Airport, Park Board or Recreation Commission purposes, be deposited into Fund 757, Miscellaneous Permanent Improvement Fund, for the purpose of allowing the proceeds from the sale of the Blue Ash Airport property to be deposited into Fund 755.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/7/2007 authorizing the transfer of the sum of $50,000.00 from existing HOME project account 411x162x19080, Homeowner Infill and Rehab Program to existing HOME project account 411x162x79500, American Dream Down Payment Initiative; and further authorizing the transfer of the sum of $200,000.00 from existing HOME project account 411x162x79007, Rental Rehab, to existing HOME project account 411x162x79500, American Dream Down Payment Initiative, both for the purpose of providing for down payment and closing cost assistance to individuals and families whose household income does not exceed 80% of the area median income.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/7/2007, authorizing the transfer of the sum of $99,242.19 from existing HOME project account 411x162x09050, Housing Dev Round-Homeowner Program, to existing HOME project account 411x162x79000, HOME Administration, to pay for HOME administrative costs that are exceeding budgeted resources.

REPORT, dated 11/7/2007, 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 Bas I Inc DBA LaRosa's, 5830-32 Hamilton Avenue, 1st Floor. (#04934580005, New, D5) [Objections: None]

REPORT, dated 11/7/2007, 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 Angiulli Inc DBA Martino's, 2617 Vine Street. (#02198010010, New, D5) [Objections: Department of Buildings and Inspections]

REPORT, dated 11/7/2007, 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 Fifth Amendment Cafe LLC DBA Fifth Amendment, 4114 Hamilton Avenue. (#2714254, New, D3A) [Objections: None]

ORDINANCE, dated 10/17/2007 submitted by the Clerk of Council from Charles C. Graves III, Director, Department of City Planning, TO REZONE certain property at 3999 Erie Avenue, in the Oakley neighborhood from the MG, manufacturing General District to the RM 0.7, Residential Multi-family District. (APPROVED BY THE CITY PLANNING COMMISSION ON 9/21/2007)(PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, NOVEMBER 20, 2007 AT 12:00 P.M.)

ORDINANCE, (EMERGENCY) dated 10/26/2007 submitted by Charles C. Graves, III, Director, City Planning Department, MODIFYING the provisions of Chapter 1445, Variances, Special Exceptions and Conditional Uses, of the Cincinnati Zoning Code by amending Section 1445-01. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 10/19/2007) (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, NOVEMBER 20, 2007 AT 12:00 P.M.)

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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/2/2007)

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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/2/2007)

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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/2/2007)

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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/2/2007)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, authorizing the appropriation and expenditure of the sum of up to $200,000.00 from the unappropriated surplus of the Park Board's Permanent Improvement Fund 752 for the purchase of property that is contiguous to the California Woods Nature Center. (APPROVED BY CITY PLANNING COMMISSION 10/19/2007).

ORDINANCE (EMERGENCY) 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 10/31/2007, authorizing the City Manager to apply for and accept a grant in the amount of $8,000.00 from the National Emergency Medicine Association for the purpose of funding the purchase of training equipment for the Fire Department's Emergency Medical Services Bureau.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/31/2007, authorizing the City Manager to apply for and accept a grant in the amount of $10,000.00 from the FM Global Foundation for the purpose of funding the purchase of education materials and audiovisual equipment for the Fire Department's Fire Prevention & Safety Bureau.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/31/2007, authorizing the transfer and appropriation of the sum of $45,000,000.00 from the unappropriated surplus of the Bond Retirement Fund 151 to account no. 151x134x7700 for the purpose of retiring debt service associated with bond sales during 2007.

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.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/31/2007, authorizing the establishment of capital improvement program project account no. 980x232x03382 (Evanston - Tax Incentive District #11 Streetscape) and further AUTHORIZING the transfer and appropriation of the sum of $750,000.00 from the Urban Renewal - Tax Increment Fund 852 to the newly established capital improvement program project account no. 980x232x03382 (Evanston - Tax Incentive District #11 Streetscape) for the purpose of providing resources for streetscape improvements along Dana Avenue in Evanston.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/31/2007, authorizing the transfer of the sum of $3,400 from within the General Fund 050 for the purpose of adjusting the office budget of Councilmember Crowley.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/5/07, authorizing the City Manager to enter into and execute a Development Agreement with Millworks Town Center L.L.C. for the construction of a mixed-use development project to be known as "Millworks" to be located at the southwest corner of Marburg and Ibsen, and repealing Ordinance No. 322-2006.

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)