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 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:

APPOINTMENT, dated 11/6/2007 submitted by Mayor Mallory, recommending the appointment of Mrs. Carole Cutter-Hawkins to the Citizen Complaint Authority. Mrs. Cutter-Hawkins is the Principal for Schiel Primary School. Mrs. Cutter-Hawkins will fill the vacancy created by the expired term of Mrs. Lori Plat as of December 31, 2007. Mrs. Cutter-Hawkins will serve a two-year term that ends on January 1, 2010.

APPOINTMENT, dated 11/19/2007 submitted by Mayor Mallory, recommending the appointment of Deborah K. Gaines to the Civil Service Commission. Ms. Gaines is a practitioner of law with a professional career of adjudication in the Cincinnati legal system. Ms. Gaines will replace the vacancy created by the expiration of the term held by Ms. Margaret Allen. Ms. Gaines will serve a six-year term that ends on December 31, 2013.

ORDINANCE, (EMERGENCY) submitted by Mayor Mallory, 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-used development project to be known as the "Millworks" to be located at the southwest corner of Marburg and Ibsen, and repealing Ordinance No. 322-2006.

RESOLUTION, dated 11/21/2007 submitted by Mayor Mark Mallory, HONORING the baseball legacy of Joe Nuxhall, former member of the Cincinnati Reds and an irreplaceable voice in the Reds broadcast booth for more than thirty years, and offering the sympathy of Council to Mr. Nuxhall's family, friends and colleagues upon his passing.

MOTION, dated 11/28/2007 submitted by Mayor Mallory, Vice Mayor Crowley, Councilmembers Monzel, Cole, Bortz, Berding, Ghiz, Cranley, Qualls and Thomas that the City of Cincinnati hold an evening Council session on Wednesday, December 5, 2007. This session will take the place of the November 21st evening session that was cancelled as part of Council's holiday schedule. This session will begin at 6:00 p.m., with public comment beginning at 5:30 p.m.

COMMUNICATION, dated 11/6/2007 submitted by Vice Mayor Crowley, from Sister Thelma Schlomer, S.C., 4644 Rapid Run Road Apt. #1, Cincinnati, Ohio 45238 regarding city services not being rendered in a timely manner at 4645 Rapid Run, Price Hill.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, to levy special assessments on property for the total cost of securing unsafe buildings and demolishing condemned buildings pursuant to R.C. 715.261.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, authorizing the donation by the Cincinnati Police Department ("CPD") of equipment specifically two 40 millimeter foam guns, determined by the City Manager to be no longer needed for municipal purposes, to the Hamilton County Police Association.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, authorizing the City Manager to apply for and accept a grant in the approximate amount of $150,000.00 from the Ohio Department of Transportation, Office of Aviation, under the FY-2008 Ohio Airport Grant Program, for the purpose of funding the reconstruction of taxiway "D" at Cincinnati Municipal Airport - Lunken Field.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, authorizing the sale of Russ Alley between Vine and Republic Streets, which real property is no longer needed for any municipal purpose, to 1629 Vine LLC.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, modifying the provisions of Cincinnati Municipal Code Chapter 717, "Registration of Convicted Persons" by amending existing Section 717-1, "Registration by Persons Convicted of Certain Crimes," Section 717-2, "Registration of Persons Convicted of Violent Personal Crimes," Section 717-3, "Photograph and Fingerprints," Section 717-11, "Failure to Furnish Information Unlawful" and Section 717-16 "Neighborhood Notification"; and further repealing Section 717-15, "Records not to be Public," in order to reflect changes to Ohio Revised Code the Cincinnati Police Department's organizational structure for consistency purposes.

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, authorizing the City Manager to execute a release of mortgage on property located on 509 East Thirteenth Street.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, authorizing the City Manager to apply for and accept a grant of approximately $55,000.00 from the Federal Emergency Management Agency ("FEMA") through the Assistance to Firefighters Grant Program for the purpose of providing funding for training to firefighters and the purchase of fire safety equipment to aid in the Cincinnati Fire Department's ongoing efforts to protect low-income families from fire hazards and to educate the community about fire safety.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, amending Ordinance No. 385-2002, which established Fund 377, "Citizen Safety Fund," for the purpose of renaming the fund the "Safe and Clean Fund" to be funded by the City's billboard leases with Lamar and Norton and expanding the permissible uses of Fund 377; and further authorizing the annual deposit of $50,000 from the revenues generated by the City's billboard leases with Lamar and Norton into Fund 377 for the duration of the leases.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, authorizing the transfer of the sum of $100,000 from the Cincinnati Police Department's operating account no. 050x222x7100 to operating account no. 050x222x7200 for the purpose of providing funding to the International Police Executive Symposium.

REPORT, dated 11/28/2007, submitted by Milton Dohoney, Jr., City Manager, on a 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.

REPORT, dated 11/28/2007, submitted by Milton Dohoney, Jr., City Manager, on a 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.

REPORT, dated 11/28/2007, submitted by Milton Dohoney, Jr., City Manager, regarding removal of gas lights on Kirkup Avenue.

REPORT, dated 11/28/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication from the State of Ohio, Liquor Control, advising of a permit application for NE Harrison Inc. DBA Phone Market, 1932 Harrison Avenue. (#6321871, Transfer of Stock, C1, C2) [Objections: None]

REPORT, dated 11/28/2007, 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 2444 Madison Road Condominium Owners Association Inc DBA Regency Condos, 2444 Madison Road. (#91156420005, Transfer of Ownership, D1, D2, D3, D3A, D6) [Objections: None]

REPORT, dated 11/28/2007, 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 Needful Things Enterprises LLC DBA (None listed), 2817 Highland Avenue. (#6330120, New, C1, C2) [Objections: None]

REPORT, dated 11/28/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended October 31, 2007. (REPORT ON FILE IN CLERK'S OFFICE)

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 WAS 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 WAS 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 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. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/16/2007)

ORDINANCE submitted by Milton Dohoney, Jr., City Manager, on 10/31/2007, authorizing the City Manager to execute a plat to quit-claim and release part of a City of Cincinnati owned water main easement on property located adjacent to I-75 in the Village of Arlington Heights, as shown on a plat entitled "Elliot Avenue, Misc 50", which easement is no longer needed for any public purpose. (CITY PLANNING COMMISSION APPROVED THIS ITEM ON 11/16/2007)

RECEIPT, from Melissa Autry, Clerk of Council for an initiative petition from Unite Cincinnati Pac regarding the Cincinnati Fair Tax on Tuesday, November 20, 2007.

RESOLUTION, dated 11/1/2007 submitted by the Clerk of Council from Donna Christos, Clerk, Board of Trustees, Health Department, regarding Resolution No. 2007-09, Amendment of Regulation No. 00079 Fees, Retail Food Establishments; Food Service Operations.

ORDINANCE (EMERGENCY), submitted by Councilmember Berding, on 11/28/2007, AMENDING Ordinance No. 215-2006, which provided for the appointment of Milton Dohoney, Jr., as City Manager, effective August 13, 2006, to modify the terms and compensation for the position.

REPORT, submitted by Mayor Mark Mallory regarding the City Manager Performance Review Committee Report.

ORDINANCE, (EMERGENCY), submitted by Councilmember Chris Bortz from J. Rita McNeil, City Solicitor, AMENDING Section 723-20, "Advertising Benches in the Public Right-of-Way" to incorporate certain procedural changes for obtaining revocable minor street privileges for advertising benches.

REPORT, dated 11/15/2007, submitted by Milton Dohoney, Jr., City Manager, on a 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 (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.

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.

ORDINANCE, (EMERGENCY) dated 11/15/2007 submitted by Mayor Mallory, AUTHORIZING the transfer of the sum of $4,008,420 within the General Fund from and to various operating accounts for the purpose of realigning and providing funds for the ongoing needs of City departments.

ORDINANCE, (EMERGENCY) submitted by Mayor Mallory, AUTHORIZING the transfer of the sum of $13,864,280 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 services, and appropriating certain amounts from the unappropriated surplus for current year operating expenses.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/26/2007, authorizing the City Manager to execute a grant agreement with Gateway II, LLC in the amount of $3,100,000.00 in order to assist in the provision of 108 residential units in 29 currently vacant buildings and vacant lots located in Over-The-Rhine.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/26/2007, approving and authorizing the execution of a Tax Increment Financing and Cooperative Agreement with Gateway II, LLC, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/26/2007, approving and authorizing the execution of a Tax Increment Financing and Cooperative Agreement with Gateway II, LLC, and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/26/2007, 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 757.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/28/2007, authorizing the implemental of the August 2007 to August 2010 labor management agreement between the City of Cincinnati and AFSCME Ohio Council 8 and Locals 190, 223, 240, 250, 1543 and 3119 (hereinafter "AFSCME"); and further authorizing the City Manager to execute the terms of the new three-year labor management agreement, which is reflected in the tentative agreements attached hereto.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 11/26/2007, authorizing the transfer and return to source Funds 761 and 758 of the sum of $3.1 million from various general capital improvement program project accounts and further authorizing the transfer and appropriation of the sum of $3.1 million from the unappropriated surplus of Funds 761 and 758 to capital improvement program project account no. 980x162x03383 "Gateway III Project" according to the attached schedule of transfer.

REPORT, dated 11/26/2007, submitted by Milton Dohoney, Jr., City Manager, regarding renewal of street lighting assessments for Group 2 Central Business District (2007 - 2010).

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 10/31/2007, authorizing the members of the Cincinnati Police Department to solicit and accept donations of money, in-kind contributions, and other things of value, for use in providing hospitality and entertainment for the attendees of the 2008 International Police Executive Symposium ("IPES") "Police Without Borders: The Fading Distinction Between Local and Global", to be held in Cincinnati from May 11, 2008 through May 16, 2008.

ORDINANCE (EMERGENCY), submitted by Councilmember Thomas, from J. Rita McNeil, City Solicitor, on 11/20/07, authorizing and directing the City Manager to establish terms and conditions for the presentation of "Light Up the Square" by the Cincinnati Center City Development Corporation ("3CDC") on Fountain Square, Fifth Street from Race Street to Walnut Street, and Vine Street from Fourth Street to Sixth Street, on Friday, November 23, 2007, from 6:00 p.m. to 7:00 p.m.; authorizing and directing the City Manager to take such actions as are necessary and proper to implement the presentation of "Light Up the Square," notwithstanding the provisions of Chapter 713, Chapter 723 Sections 1 and 11, Chapter 839, Chapter 845, Section 506-91, Chapter 321, and other purchasing related ordinances and any other provisions of the Cincinnati Municipal Code which would prohibit programs deemed proper by the City Manager in the presentation of "Light Up the Square"; approving the use of the above-described area for prohibiting the solicitation of monies; prohibiting the sale of wares by peddlers and itinerant vendors except by persons associated with and as authorized by 3CDC in the area bounded by Fountain Square, Fifth Street from the east curb line of Race Street to the west curb line of Walnut Street and on Vine Street from the north curb line of Fourth Street to the south curb line of Sixth Street for the period of time beginning at 4:00 p.m. and ending at 8:00 p.m. on Friday, November 23, 2007.

REPORT, dated 11/20/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 9/4/2007 submitted by Councilmember Berding, that the Administration investigate and provide Council with recommendations on how Chapter 761 of the Cincinnati Municipal Code (Chronic Nuisance Premises) can be expanded to include single family dwellings.

REPORT, dated 11/20/2007, submitted by Milton Dohoney, Jr., City Manager, on a motion, dated 9/11/07, submitted by Councilmember Berding, that the Administration lead the formation of a vicious dog legislative task force for the purposes of providing a comprehensive re-write of City laws in this area and to draft a new non-breed specific ordinance based on other jurisdictions' best practice policies and laws that have produced the highest levels of public safety in this area. I further move that the Administration formally invite the Hamilton County Dog Warden, the Hamilton County Auditor's Office and the SPCA to participate on the task force; additional members of the taskforce shall include: A representative of the Cincinnati Police Department; a representative of the City Solicitor's Office; Two neighborhood representatives (at least one of whom shall be a dog owner). I further move that the task force provide an initial report to Council by November 1.

REPORT, dated 11/27/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Neighborhood Business District Support Fund request.