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COUNCIL AGENDAREGULAR MEETING

Wednesday, April 28, 20107:00 P.M.

(7 Public Hearings)

OFFERING OF PRAYER by Council Member Kathleen Klink, followed by the pledge of allegiance to theflag.

ROLL CALL for the Committee of the Whole.

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

FIRST PUBLIC HEARING: On the questionof amending the use of $155,000 of HOME Funds foraffordable housing construction activities.

Motion- That the Public Hearing be closed.

(Voice Vote) 1st __________ 2nd __________

SECOND PUBLIC HEARING: On the question of whether the following premises should be declared byResolution of Council to constitute a public nuisance and whether actionto abate the nuisance should be undertaken by the city:

Lot #5793, P6412005000011, 1st Ward, City of Hamilton, Butler County,Ohio, also known as 967 Main Street (owner of record Donald F. Helton,6200 Pleasant Avenue, Suite 1, Fairfield, OH 45014).

Motion - That the Public Hearing be closed.

(Voice Vote) 1st __________ 2nd __________

THIRD PUBLIC HEARING: On the question of whether the following premises should be declared byResolution of Council to constitute a public nuisance and whether actionto abate the nuisance should be undertaken by the city:

Lot #4166, P6431002000020, 3rd Ward, City of Hamilton, Butler County,Ohio, also known as 879 N Second Street (owner of record Benjamin A. &Donna S. Rathburn, 879 N Second Street, Hamilton, OH 45011).


(Voice Vote) 1st __________ 2nd __________

FOURTH PUBLIC HEARING: On the question of whether the following premises should be declared byResolution of Council to constitute a public nuisance and whether actionto abate the nuisance should be undertaken by the city:

Regular Meeting Agenda April28, 2010 - 7:00 p.m.

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Lot #2639, P6441034000046, 4th Ward, City of Hamilton, Butler County,Ohio, also known as 410 S Seventh Street (owner of record Geneva

Amberlea Honcoop, 948 W Branch Street, Trenton, OH 45067).

Motion - That the Public Hearing be closed.(Voice Vote) 1st __________ 2nd __________

FIFTH PUBLIC HEARING: On the question of whether the following premises should be declared byResolution of Council to constitute a public nuisance and whether actionto abate the nuisance should be undertaken by the city:

Lot #4120, P6451024000036, 5th Ward, City of Hamilton, Butler County,Ohio, also known as 1381 East Avenue (owner of record JPMJ Holdings II,5351 Wayne Trace Road, Hamilton, Ohio 45011).


(Voice Vote) 1st __________ 2nd __________

SIXTH PUBLIC HEARING: On the question of amending the use of $ 435,000 of NeighborhoodStabilization Program funds for the redevelopment of vacant land for theconstruction of new housing..


(Voice Vote) 1st __________ 2nd __________

SEVENTH PUBLIC HEARING: On the question of amending the use of $ 84,000 OF FY2006-2010CDBG funding to Public Facility Activities.


(Voice Vote) 1st __________ 2nd __________

ROLL CALL for the Regular Meeting.


MOTION To amend or approve and dispense with the reading of the minutes ofthe Regular Meeting of April 14, 2010. (Each member of Council received acopy of the minutes)

(Voice Vote) 1st

__________ 2nd

__________

ACKNOWLEDGEMENTS

AUDIENCE OF CITIZENS

1. REPORT received from the city manager, Mark Brandenburger, on the recommendation relativeto Objection to the Renewal of Liquor Permits: Lindenwald Tavern f/k/a Bobs Caf, 666 Hooven

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Avenue (D-1, D-2, D-3, D-3A); Tailg8tors, 1079 Millville Avenue (D-5, D-6); J & J Bar &Restaurant, 314-316 S. 3rd Street 1st floor and basement (D-5, D-6); and American Legion Post520, 727 Central Avenue (D-4) (Each member of Council received a copy of the Report).

Motion - That Council receive the report, concur in the recommendation and consider theeach of the items of legislation at tonights meeting.

(Voice Vote) 1st __________ 2nd ___________

2. REPORT received from the city manager, Mark Brandenburger, on the recommendation relativeto Gas Purchase, Transportation and Daily Gas Balancing Services for Mohawk Fine Papers,Inc. Agreement Amendment. (Each member of Council received a copy of the Report)

Motion - That Council receive the report, concur in the recommendation andconsider/adopt the necessary legislation at tonights meeting.

(Voice Vote) 1st __________ 2nd ___________

3. REPORT received from the law director, Hillary Stevenson relative to Objection to the Renewalof Liquor Permits: Lindenwald Tavern f/k/a Bobs Caf, 666 Hooven Avenue (D-1, D-2, D-3, D-

3A); Tailg8tors, 1079 Millville Avenue (D-5, D-6); J & J Bar & Restaurant, 314-316 S. 3rd

Street1st floor and basement (D-5, D-6); and American Legion Post 520, 727 Central Avenue (D-4).(Each member of Council received a copy of the Report).

Motion - That the report be received.

(Voice Vote) 1st __________ 2nd ___________

4. FINANCIAL STATEMENT for the month of March, 2010 as submitted by the Finance Director,Bill Moller. (Each member of Council received a copy of the statement)

Motion - That the Statement be received.

(Voice Vote) 1st ___________ 2nd ___________

5. REPORT MINUTES OUTLINE- Committee of the Whole, April 14, 2010 Caucus, as submittedby the City Clerk. (Each member of Council received a copy of the Report)

Motion - That the report be received, concurred in, and the recommendations of councilas a Committee of the Whole be complied with.

(Voice Vote) 1st 2nd

PENDING LEGISLATION

6. EMERGENCY ORDINANCE (Third Reading): An ordinance amending fiscal year 2005-2009HOME budgets, relative to reallocation of funds. ($155,000 for New Construction Habitat forHumanity)

Motion - That the emergency ordinance be adopted and a note be madeupon the minutes that a printed copy of the emergency ordinance was furnishedto each member of council prior to its third reading.


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(Roll Call Vote) 1st__________ 2nd _________


7. ORDINANCE (Third Reading): An ordinance amending certain sections of Chapter 915 of theCodified Ordinances of the City of Hamilton, Ohio, relative to the citys Comprehensive Tree andPlanting Plan.

Motion - That the ordinance be adopted and a note be made upon theminutes that a printed copy of the ordinance was furnished to each member ofcouncil prior to its third reading.



8. ORDINANCE (Second Reading): An ordinance establishing No Parking Zones and repealingcertain special places for Parking for the Handicapped, Restricted Parking Places and othertraffic regulations.

NEW LEGISLATION

9. RESOLUTION: A resolution finding and declaring the premises and conditions attendant to thepremises located on Lot Number 5793, situated in the First Ward of the City of Hamilton, Ohio,constitute a public nuisance, and authorizing and directing the director of law to commence an

action in the Common Pleas Court of Butler County, Ohio, to abate said nuisance. (967 MainStreet, Owner: Donald F. Helton)

Motion - That the resolution be adopted and a note be made upon theminutes that a printed copy of the resolution was furnished to each member ofcouncil prior to its reading.



10. RESOLUTION: A resolution finding and declaring the premises and conditions attendant to thepremises located on Lot Number 4166, situated in the Third Ward of the City of Hamilton, Ohio,constitute a public nuisance, and authorizing and directing the director of law to commence anaction in the Common Pleas Court of Butler County, Ohio, to abate said nuisance. (879 NorthSecond Street, Owners: Benjamin A. Rathburn and Donna S. Rathburn)


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11. RESOLUTION: A resolution finding and declaring the premises and conditions attendant to thepremises located on Lot Number 2639, situated in the Fourth Ward of the City of Hamilton, Ohio,constitute a public nuisance, and authorizing and directing the director of law to commence anaction in the Common Pleas Court of Butler County, Ohio, to abate said nuisance. (410 SouthSeventh Street, Owner: Geneva Amberlea Honcoop)

Motion - That the resolution be adopted and a note be made upon theminutes that a printed copy of the resolution was furnished to each member of

council prior to its reading.



12. RESOLUTION: A resolution finding and declaring the premises and conditions attendant to thepremises located on Lot Number 4120, situated in the Fifth Ward of the City of Hamilton, Ohio,constitute a public nuisance, and authorizing and directing the director of law to commence anaction in the Common Pleas Court of Butler County, Ohio, to abate said nuisance. (1381 East

Avenue, Owner: JPMJ Holdings II)Motion - That the resolution be adopted and a note be made upon theminutes that a printed copy of the resolution was furnished to each member ofcouncil prior to its reading.



13. RESOLUTION: A resolution authorizing and directing execution of an agreement with DaytonLane Historic Area, Inc. relative to a memorial honoring Dr. Sherry Corbett.


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14. RESOLUTION: A resolution proclaiming support for recycling.




15. RESOLUTION: A resolution repealing Resolution No. R2009-12-116, relative to the enterprisezone agreement with Butler County Surgical Properties, LLC and Butler County AncillaryServices, LLC. (Imaging Center)




16. RESOLUTION: A resolution in support of the Honor and Remember Flag as an official symbolto recognize and honor members of the armed forces who have died in the line of duty, andurging the United States Congress to adopt this flag as a national symbol.




17. RESOLUTION: A resolution objecting to the renewal of the D-1, D-2, D-3 and D-3A LiquorPermits held by Lindenwald Tavern F.K.A Bobs Caf, 666 Hooven Avenue, Hamilton, Ohio45015, and directing the city clerk to request a hearing to determine whether such renewal shallbe denied.


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18. RESOLUTION: A resolution objecting to the renewal of the D-5 and D-6 Liquor Permits held byTailg8tors LLC, dba Tailg8tors, 1079 Millville Avenue, Hamilton, Ohio 45013, and directing thecity clerk to request a hearing to determine whether such renewal shall be denied.




19. RESOLUTION: A resolution objecting to the renewal of the D-5 and D-6 Liquor Permits held byJ&J Bar and Restaurant, 314-316 South Third Street, First Floor and Basement, Hamilton, Ohio45011, and directing the city clerk to request a hearing to determine whether such renewal shallbe denied.


(Roll Call Vote) 1st__________ 2nd _________MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

20. RESOLUTION: A resolution objecting to the renewal of the D-4 Liquor Permit held by AmericanLegion Post 520 Lewis Whittaker, 727 Central Avenue, Hamilton, Ohio 45011, and directing thecity clerk to request a hearing to determine whether such renewal shall be denied.




21. EMERGENCY ORDINANCE (Three Readings): An ordinance authorizing and directing the citymanager to execute an amendment to a gas purchase, transportation and daily gas balancingservices agreement with Mohawk Fine Paper, Inc.


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Motion - That the rules be suspended, Council waive the reading of the emergencyordinance the third time in its entirety, said ordinance be read the third time by itstitle and placed upon its final passage, and a note be made upon the minutesthat a printed copy of the emergency ordinance was furnished to each memberof Council prior to its third reading.


Motion - That the emergency ordinance be adopted.



24. EMERGENCY ORDINANCE (Three Readings): An ordinance designing the acting citymanager in the absence of the city manager and repealing Resolution No. R2009-7-46, adoptedJuly 8, 2009.

Motion - That the rules be suspended and the emergency ordinance be read the secondtime by its title.


Motion - That the rules be suspended, Council waive the reading of the emergencyordinance the third time in its entirety, said ordinance be read the third time by itstitle and placed upon its final passage, and a note be made upon the minutesthat a printed copy of the emergency ordinance was furnished to each member

of Council prior to its third reading.


Motion - That the emergency ordinance be adopted.



25. ORDINANCE (Three Readings): An ordinance amending the fiscal year 2006 2010Community Development Block program budgets under the City of Hamiltons ConsolidatedPlans, relative to reallocation of certain funds delineated in the Statement of Objectives andProposed Use of Funds. ($84,000 for Public Facility Improvements for Living Waters at the formerJefferson Elementary School site)


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Motion - That the rules be suspended and the ordinance be read the second time by itstitle.


Motion - That the rules be suspended, Council waive the reading of the ordinance thethird time in its entirety, said ordinance be read the third time by its title andplaced upon its final passage, and a note be made upon the minutes that aprinted copy of the ordinance was furnished to each member of Council prior toits third reading.


Motion - That the ordinance be adopted.



AUDIENCE OF COUNCIL

Motion - That the Regular Meeting be adjourned and council go into Caucus as aCommittee of the Whole.

(Voice Vote) 1st__________ 2nd_________ TIME: ___________

ROLL CALL VOTE FOR ADDITIONAL MOTIONS CONSIDERED BY COUNCIL

Item # or Motion__________







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04-28-10 Agenda