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:

ORDINANCE, (EMERGENCY) dated 12/18/2007 submitted by Mayor Mallory, AMENDING Ordinance No. 447-2007 that transferred funding from within the General Fund 050 for Mayor Mallory's office budget, for the purpose of correcting the account numbers.

RESOLUTION, dated 12/12/2007 submitted by Mayor Mallory, CONGRATULATING Stephen C. Tobias, Vice Chairman and Chief Operating Officer of Norfolk Southern Corporation, for being named the 2008 Railroader of the Year by Railway Age magazine.

ORDINANCE, dated 12/17/2007 submitted by Councilmember Cole, AMENDING Ordinance No. 119-2007, which regulates Community Reinvestment Area exemptions, in order to provide that commercial or industrial property that is to be occupied by a small business be exempt from the requirement that the tax abatement application submitted by the small business be approved by Council, and further providing that the minimum cost of improvements necessary to trigger eligibility for a commercial or industrial tax exemption by a qualifying small business shall be reduced from $100,000.00 to the amount of $40,000.00

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, TO MAKE appropriation of funds from the General Fund for the current expenses and other expenditures of the City of Cincinnati for the fiscal year beginning January 1 and ending December 31, 2008.

ORDINANCE, (EMERGENCY) submitted by Councilmember Cranley, TO MAKE an appropriation for the current expenses and other expenditures of the City of Cincinnati from the Water Works Fund, the Parking Facilities Fund, the Convention Center Fund, the General Aviation Fund, the Municipal Golf Fund, the Stormwater Management Utility Fund, the Bond Retirement Fund, the Street Construction, Maintenance, and Repair Fund, the Parking Meter Fund, the Municipal Motor Vehicle License Tax Fund, the Sawyer Point Fund, the Recreation Special Activities Fund, the Health Services Fund, and the Cable Communications Fund, (hereinafter designated Restricted Revenue Funds) for operating requirements, capital outlay and debt service for the fiscal year beginning January 1, 2008 and ending December 31, 2008.

ORDINANCE,(EMERGENCY) submitted by Councilmember Cranley, TO MAKE appropriation for current expenses and other expenditures of the City of Cincinnati from Income Tax-Transit Fund 759 for operating requirements for the calendar year 2008, and further making an appropriation for the current expenses and other expenditures from the Income Tax-Transit Fund for SORTA operations for the period beginning January 1, 2008 and ending March 31, 2008.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, AMENDING Section 1201-65 of the Cincinnati Fire Prevention Code in Chapter 1201, "Administration" of the Cincinnati Municipal Code, for the purpose of covering increased inspection and administrative costs and to align the permit fees with the 2008 Budget Update.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, APPROVING and adopting a Capital Improvements Program and Budget for the year 2008, allocating and appropriating taxes and other revenue and existing funds for the purpose of carrying out certain parts of the Capital Improvements Program, and providing for the allocation and appropriation to other parts of said Capital Improvements Program proceeds of the Cincinnati Southern Railway, and authorizing the transfer of money from various existing funds and/or project accounts to various funds and/or project accounts for the purpose of carrying out the Capital Improvements Program.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, AUTHORIZING the transfer of the sum of $3,422,200 from various enterprise funds to various Capital Improvement funds and projects, for the purpose of continuing and completing certain capital improvement projects, and authorizing the use and expenditure of $61,853,000 for Cincinnati Water Works Capital Improvements.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, AUTHORIZING the transfer of the sum of $12,414,400 from the unappropriated surplus of Water Works Fund No. 101 to Water Works Capital Improvement Fund No. 756 and the appropriation therein of said sum for the purpose of continuing funding for the current Capital Improvement Program which includes new water mains, water main replacements, system development, tanks, reservoirs, pumping stations and private development.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, AUTHORIZING the transfer of the sum of $1,225,000.00 from the unappropriated surplus of the Special Housing Permanent Improvement Fund 761 to the unappropriated surplus of the Home Investment Partnership Fund 411 for the purpose of providing funding in order to comply with the City's agreement with the Department of Justice ("DOJ") to settle all outstanding issues raised by the U.S. Department of Housing and Urban Development ("HUD") related to the Huntington Meadows development project.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, AUTHORIZING the appropriation to Fund 304, the Community Development Block Grant(CDBG) Fund, the sum of $15,212,220, said amount being part of the 2008 Consolidated Plan/Action Plan Budget to be received from the United States Department of Housing and Urban Development, and further, announcing the City's intention to use said sum for various capital projects and operating allocations in its 2008 Community Development Block Grant Program.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, AUTHORIZING the appropriation to Fund 411, the HOME Investment Fund, of the sum of Four Million Two Hundred Forty-Four Thousand Dollars ($4,244,000.00), said amount being part of the 2008 Consolidated Plan Budget to be received from the United States Department of Housing and Urban Development, and further announcing the City's intention to use said sum for various capital projects and operating allocations in its 2008 HOME Investment Partnerships Program.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, AUTHORIZING closure of existing Emergency Shelter Grant (ESG) project accounts, and AUTHORIZING the appropriation to Fund 445, the Emergency Shelter Grant Fund, of the sum of Five Hundred Ninety-Three Thousand Nine Hundred Twenty Five Dollars ($593,925.00), said amount being part of the 2008 Consolidated Plan Budget to be received from the United States Department of Housing and Urban Development and further announcing the City's intention to use said sum for various capital projects and operating allocations in its 2008 Emergency Shelter Grant Program.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, AUTHORIZING the appropriation to Fund 465, the Housing Opportunities for Persons with AIDS (HOPWA) Fund, the sum of $542,000, said amount being part of the 2008 Consolidated Plan Budget to be received from the United States Department of Housing and Urban Development, and further announcing the City's intention to use said sum for various capital projects and operating allocations in its 2008 HOPWA Program.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, AMENDING the Cincinnati Municipal Code by reordaining Article XXV of the Administrative Code in order to re-establish a Department of City Planning.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, AMENDING the Cincinnati Municipal Code by modifying the provisions of Article XXIV of the Administrative Code in order to remove planning and related functions from the Department of Community Development and Planning, to change the designation of the Department of Community Development and Planning to the Department of Community Development to change the designation of the Director for the Department of Community Development and Planning to the Director of the Department of Community Development and to establish a Division of Property Maintenance Code Enforcement within the Department of Community Development.

ORDINANCE, (EMERGENCY) dated 12/19/2007 submitted by Councilmember Cranley, AMENDING the Cincinnati Municipal Code by repealing Article XXI, "Department of Buildings and Inspections" of the Administrative Code.

MOTION, dated 12/17/2007 submitted by Vice Mayor Crowley, Councilmembers Cranley, Thomas, Monzel, Cole and Qualls that the Mayor's Recommendations on the Proposed Update to the 2007/2008 Budget be approved with the following amendment: That the Administration design and implement a red light traffic enforcement program in order to enhance public safety by increasing compliance with traffic control devices and reducing the number of vehicular traffic accidents in the City, which program is also predicted to result in a minimum of $1 million in additional revenue. *(AMENDED ON FLOOR OF COUNCIL 12/19/2007 SEE DOCUMENT 200701293)

MOTION, dated 12/17/2007 submitted by Vice Mayor Crowley, Councilmembers Cranley, Thomas, Monzel, Cole and Qualls that the Mayor's Recommendations on the Proposed Update to the 2007/2008 Budget be approved with the following amendment: Freedom Center be funded in the amount of $200,000. *(AMENDED ON FLOOR OF COUNCIL 12/19/2007) See document 200701293.

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.

MOTION, dated 12/17/2007 submitted by Councilmember Monzel, that the Administration prepare a report answering the attached questions from one of our constituents regarding the reorganization of the Buildings and Inspections Department.

REPORT, dated 12/19/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 09/05/06, submitted by Councilmember Cole, from George Dyer, 2910 Wasson Road, Cincinnati, Ohio, 45209, presenting a petition signed by over 400 citizens of the City of Cincinnati including over 100 adjacent neighbors that asks Cincinnati City Council to resolve the situation with RP McMurphy's.

REPORT, dated 12/19/2007, submitted by Milton Dohoney, Jr., City Manager, on a communication, dated 11/14/2007 submitted by Councilmember Cole, from the Home Builders Association of Greater Cincinnati, 415 Glensprings Drive, Cincinnati, Ohio 45246-2357, Phone: 513-851-6300, presenting a report that focus on their concerns about general and specialty Contractors' Registration.

REPORT, dated 12/19/2007, submitted by Milton Dohoney, Jr., City Manager, regarding Hilltop property-2151 River Road. (SEE DOCUMENT #200700990 FOR ADOPTED MOTION)

REPORT, dated 12/19/2007, submitted by Milton Dohoney, Jr., City Manager, regarding the Department of Finance reports for the month ended November 30, 2007. (REPORT ON FILE IN CLERK'S OFFICE)

REPORT, dated 12/19/2007, submitted by Milton Dohoney, Jr., City Manager on a communication from the State of Ohio, Liquor Control, advising of a permit application for Winners Market Inc., 4203 Kirby Road, Cincinnati, Ohio 45223. (#9700405, New, C1, C2) [Objections: None]

ORDINANCE, dated 11/30/2007 submitted by Charles C. Graves III, Director of City Planning, APPROVING and adopting the Kennedy Heights Neighborhood Business District Urban Design Plan (the "Plan") as the City's planning guide for the Kennedy Heights Neighborhood Business District. (APPROVED BY CITY PLANNING COMMISSION 10/19/2007)(HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, DECEMBER 18, 2007 AT 12:00 P.M.)

ORDINANCE, dated 11/30/2007 submitted by Charles C. Graves, III, Director, Department of City Planning, Establishing Urban Design Overlay District (UD) No. 14 Kennedy Heights Business District, as an overlay district, pursuant to Chapter 1437, Urban Design Overlay District, of the Cincinnati Zoning Code. (APPROVED BY THE CITY PLANNING COMMISSION 10/19/2007) (PUBLIC HEARING WAS HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, DECEMBER 18, 2007 AT 12:00 P.M.)

COMMUNICATION, dated 12/12/2007 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, Permit #254710-0010, Class D-1-2-2-2A-6, Isaac Ervin, Jr. dba Ike's Restaurant & Cocktail Lounge, 2924 Gilbert Avenue, 1st Floor, Cincinnati, Ohio 45206.

COMMUNICATION, 12/11/2007 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 New Permit Application, Permit #0219801-0010, Class D-5, Angiulli, Inc., dba Martino's, 2617 Vine Street, Cincinnati, Ohio 45219.

COMMUNICATION, dated 12/11/2007 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 New Permit Application, Permit #1356236, Class D-5, Cerleberties Banquet Hall LLC, 7617 Reading Road, Cincinnati, Ohio 45237. Hearing will be held January 14, 2008, 1:30 p.m. in Room B. City Hall.

COMMUNICATION, dated 12/11/2007 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 New Permit Application, Permit #1356236, Class D-5, Cerleberties Banquet Hall LLC, 7617 Reading Road, Cincinnati, Ohio 45237.

COMMUNICATION, submitted by the Clerk of Council regarding application for Notwithstanding Ordinance for 4331 River Road, Cincinnati, Ohio 45204. (PUBLIC HEARING WILL BE HELD BEFORE THE ECONOMIC DEVELOPMENT COMMITTEE, TUESDAY, JANUARY 8, 2008 AT 1:30 P.M.)

RESOLUTION, dated 11/5/2007, submitted by Roxanne Qualls, from J. Rita McNeil, City Solicitor, URGING the Ohio-Kentucky-Indiana Regional Council of Governments to ensure that its 2008 Update of the Long Range Transportation Plan includes a set of household and employment assumptions and projections that reflect and support the adopted policies of the OKI Strategic Regional Policy Plan.

MOTION, dated 12/17/2007, submitted by Vice-Mayor Crowley, and Councilmembers Cranley, Thomas, Monzel, Cole and Qualls, that the Mayor's Recommendations on the Proposed Update to the 2007/2008 Budget be approved with the following amendments: General Fund, Savings: that the water bottles provided to Councilmembers and the water tank in the Council Chambers be eliminated, saving $580.00; WE MOVE that the 2% raises for the Mayor and Councilmembers be eliminated, saving $14,740. (BALANCE OF MOTION ON FILE)*Amended on floor of Council see documents 200701310 and 200701311)

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, authorizing the City Manager to execute any necessary and appropriate documents to extend a loan of federal HOME funds to Race, Republic and Green LLC in the amount of One Million Two Hundred Thousand Dollars ($1,200,000.00) for the repair and rehabilitation of real property located at 1616-18 Race Street, 1626-28 Race Street, 1623 Republic Street, and 23 Green Street, for rental to low-income households.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, authorizing the transfer of the sum of $6,000.00 from the General Fund 050 non-personnel services account no. 050x040x7400 to the General Fund 050 personnel account no. 050x040x7100 for the purpose of adjusting the operating budget of the Clerk of Council.

ORDINANCE (EMERGENCY), dated 12/7/2007, submitted by Milton Dohoney, Jr., City Manager, to amend the municipal code of the City of Cincinnati by adding Chapter 415 Entitled "Video Service Authorizations" thereby creating provisions for competitive fees, defining certain terms, and authorizing the City Manager or designee to provide certain notices to the video service providers offering video service in the city pursuant to a state video service authorization; and declaring an emergency.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/17/2007 authorizing the Administration to do all that is necessary to cooperate with the Director of the Ohio Department of Transportation for the Columbia Parkway Access Management Project (the "Project").

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/17/2007, authorizing the transfer of the sum of $100,000.00 from various general fund accounts to the City Manager's operating account no. 050x101x7200; and further APPROPRIATING the amount from the unappropriated surplus in accordance with the attached Schedule of Transfer, for the purpose of realigning and providing funding to the International Police Executive Symposium.

REPORT, dated 12/10/2007, submitted by Milton Dohoney, Jr., City Manager, regarding supplemental report to amend Ordinance No. 342-2002. (SEE DOCUMENT #200600978 FOR PREVIOUS REPORT)

ORDINANCE (EMERGENCY), submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, authorizing the Cincinnati Police Department to accept approximately 12 workstations from National City Bank for use by the Major Offenders Unit, Financial Crimes Squad to replace the Financial Crimes Squad's antiquated and inadequate desks and office furniture.

ORDINANCE (EMERGENCY) submitted by Milton Dohoney, Jr., City Manager, on 12/12/2007, authorizing and directing the City Manager to establish terms and conditions for the presentation of "New Year's Eve Bash" by the Cincinnati Center City Development Corporation ("3CDC") on Fountain Square, on Monday, December 31, 2007, from 10:00 p.m. to 1:00 a.m.; AUTHORIZING and directing the City Manager to take such actions as are necessary and proper to implement the presentation of "New Year's Eve Bash," 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 "New Year's Eve Bash" on Monday, December 31, 2007 for the period of time beginning at 10:00 p.m. and ending at 1:00 a.m.

COMMUNICATION, dated 12/13/2007 submitted by Councilmember Qualls, from Timothy M. Burke, Manley, Burke, 225 West Court Street, Cincinnati, Ohio 45202-1098 regarding CityLink ongoing zoning issues.

COMMUNICATION, submitted by Councilmember Qualls, regarding OKI 2030 Regional Transportation Plan Update: Local Project Prioritization.