COUNCIL AGENDA

REGULAR MEETING
Wednesday, April 28, 2010
7:00 P.M.
(7 Public Hearings)

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

ROLL CALL for the Committee of the Whole.

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

FIRST PUBLIC HEARING: On the question of amending the use of $155,000 of HOME Funds for
affordable 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 by
Resolution of Council to constitute a public nuisance and whether action
to 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 by
Resolution of Council to constitute a public nuisance and whether action
to 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).

Motion - That the Public Hearing be closed.

(Voice Vote) 1st __________ 2nd __________

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

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

Page 1 of 10
 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 by
Resolution of Council to constitute a public nuisance and whether action
to 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).

Motion - That the Public Hearing be closed.

(Voice Vote) 1st __________ 2nd __________

SIXTH PUBLIC HEARING: On the question of amending the use of $ 435,000 of Neighborhood
Stabilization Program funds for the redevelopment of vacant land for the
construction of new housing.
.
Motion - That the Public Hearing be closed.

(Voice Vote) 1st __________ 2nd __________

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

(Voice Vote) 1st __________ 2nd __________

ROLL CALL for the Regular Meeting.

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

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

(Voice Vote) 1st __________ 2nd __________

ACKNOWLEDGEMENTS

AUDIENCE OF CITIZENS

1. REPORT received from the city manager, Mark Brandenburger, on the recommendation relative
to Objection to the Renewal of Liquor Permits: Lindenwald Tavern f/k/a Bob’s Café, 666 Hooven

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

Page 2 of 10
 Avenue (D-1, D-2, D-3, D-3A); Tailg8tor’s, 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 Post
520, 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 the
each of the items of legislation at tonight’s meeting.

(Voice Vote) 1st __________ 2nd ___________

2. REPORT received from the city manager, Mark Brandenburger, on the recommendation relative
to 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 and
consider/adopt the necessary legislation at tonight’s meeting.

(Voice Vote) 1st __________ 2nd ___________

3. REPORT received from the law director, Hillary Stevenson relative to Objection to the Renewal
of Liquor Permits: Lindenwald Tavern f/k/a Bob’s Café, 666 Hooven Avenue (D-1, D-2, D-3, D-
3A); Tailg8tor’s, 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 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 submitted
by 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 council
as a Committee of the Whole be complied with.

(Voice Vote) 1st 2nd

PENDING LEGISLATION

6. EMERGENCY ORDINANCE (Third Reading): An ordinance amending fiscal year 2005-2009

HOME budgets, relative to reallocation of funds. ($155,000 for New Construction – Habitat for
Humanity)

Motion - That the emergency ordinance be adopted and a note be made

upon the minutes that a printed copy of the emergency ordinance was furnished
to each member of council prior to its third reading.

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

Page 3 of 10
 (Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

7. ORDINANCE (Third Reading): An ordinance amending certain sections of Chapter 915 of the
Codified Ordinances of the City of Hamilton, Ohio, relative to the city’s Comprehensive Tree and
Planting Plan.

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

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

8. ORDINANCE (Second Reading): An ordinance establishing No Parking Zones and repealing

certain special places for Parking for the Handicapped, Restricted Parking Places and other
traffic regulations.

NEW LEGISLATION

9. RESOLUTION: A resolution finding and declaring the premises and conditions attendant to the
premises 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 Main
Street, Owner: Donald F. Helton)
Motion - That the resolution be adopted and a note be made upon the
minutes that a printed copy of the resolution was furnished to each member of
council prior to its reading.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

10. RESOLUTION: A resolution finding and declaring the premises and conditions attendant to the
premises 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 an
action in the Common Pleas Court of Butler County, Ohio, to abate said nuisance. (879 North
Second Street, Owners: Benjamin A. Rathburn and Donna S. Rathburn)

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

Page 4 of 10
 Motion - That the resolution be adopted and a note be made upon the
minutes that a printed copy of the resolution was furnished to each member of
council prior to its reading.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

11. RESOLUTION: A resolution finding and declaring the premises and conditions attendant to the
premises 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 an
action in the Common Pleas Court of Butler County, Ohio, to abate said nuisance. (410 South
Seventh Street, Owner: Geneva Amberlea Honcoop)
Motion - That the resolution be adopted and a note be made upon the
minutes that a printed copy of the resolution was furnished to each member of
council prior to its reading.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

12. RESOLUTION: A resolution finding and declaring the premises and conditions attendant to the
premises 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 an
action 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 the
minutes that a printed copy of the resolution was furnished to each member of
council prior to its reading.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

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

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

Page 5 of 10
 Motion - That the resolution be adopted and a note be made upon the
minutes that a printed copy of the resolution was furnished to each member of
council prior to its reading.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

14. RESOLUTION: A resolution proclaiming support for recycling.

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

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

15. RESOLUTION: A resolution repealing Resolution No. R2009-12-116, relative to the enterprise
zone agreement with Butler County Surgical Properties, LLC and Butler County Ancillary
Services, LLC. (Imaging Center)
Motion - That the resolution be adopted and a note be made upon the
minutes that a printed copy of the resolution was furnished to each member of
council prior to its reading.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

16. RESOLUTION: A resolution in support of the “Honor and Remember” Flag as an official symbol
to recognize and honor members of the armed forces who have died in the line of duty, and
urging the United States Congress to adopt this flag as a national symbol.
Motion - That the resolution be adopted and a note be made upon the
minutes that a printed copy of the resolution was furnished to each member of
council prior to its reading.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

17. RESOLUTION: A resolution objecting to the renewal of the D-1, D-2, D-3 and D-3A Liquor
Permits held by Lindenwald Tavern F.K.A Bob’s Café, 666 Hooven Avenue, Hamilton, Ohio
45015, and directing the city clerk to request a hearing to determine whether such renewal shall
be denied.

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

Page 6 of 10
 Motion - That the resolution be adopted and a note be made upon the
minutes that a printed copy of the resolution was furnished to each member of
council prior to its reading.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

18. RESOLUTION: A resolution objecting to the renewal of the D-5 and D-6 Liquor Permits held by
Tailg8tors LLC, dba Tailg8tors, 1079 Millville Avenue, Hamilton, Ohio 45013, and directing the
city clerk to request a hearing to determine whether such renewal shall be denied.
Motion - That the resolution be adopted and a note be made upon the
minutes that a printed copy of the resolution was furnished to each member of
council prior to its reading.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

19. RESOLUTION: A resolution objecting to the renewal of the D-5 and D-6 Liquor Permits held by
J&J Bar and Restaurant, 314-316 South Third Street, First Floor and Basement, Hamilton, Ohio
45011, and directing the city clerk to request a hearing to determine whether such renewal shall
be denied.
Motion - That the resolution be adopted and a note be made upon the
minutes that a printed copy of the resolution was furnished to each member of
council prior to its reading.

(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 American
Legion Post 520 Lewis Whittaker, 727 Central Avenue, Hamilton, Ohio 45011, and directing the
city clerk to request a hearing to determine whether such renewal shall be denied.
Motion - That the resolution be adopted and a note be made upon the
minutes that a printed copy of the resolution was furnished to each member of
council prior to its reading.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

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

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

Page 7 of 10
 Motion - That the rules be suspended and the emergency ordinance be read the second
time by its title.

(Roll Call Vote) 1st__________ 2nd _________

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

(Roll Call Vote) 1st__________ 2nd _________

Motion - That the emergency ordinance be adopted.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

22. EMERGENCY ORDINANCE (Three Readings): An ordinance amending the current

Neighborhood Stabilization Program (NSP) budget, relative to reallocation of funds. ($435,000 for
New Construction Activities – housing for special needs population)

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

(Roll Call Vote) 1st__________ 2nd _________

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

(Roll Call Vote) 1st__________ 2nd _________

Motion - That the emergency ordinance be adopted.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

23. EMERGENCY ORDINANCE (Three Readings): An ordinance declaring the official intent to
reimburse capital expenditures made to acquire a Customer Information System and declaring an
emergency.

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

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

Page 8 of 10
 (Roll Call Vote) 1st__________ 2nd _________

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

(Roll Call Vote) 1st__________ 2nd _________

Motion - That the emergency ordinance be adopted.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

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

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

(Roll Call Vote) 1st__________ 2nd _________

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

(Roll Call Vote) 1st__________ 2nd _________

Motion - That the emergency ordinance be adopted.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

25. ORDINANCE (Three Readings): An ordinance amending the fiscal year 2006 – 2010
Community Development Block program budgets under the City of Hamilton’s Consolidated
Plans, relative to reallocation of certain funds delineated in the Statement of Objectives and
Proposed Use of Funds. ($84,000 for Public Facility Improvements for Living Waters at the former
Jefferson Elementary School site)

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

Page 9 of 10
 Motion - That the rules be suspended and the ordinance be read the second time by its
title.

(Roll Call Vote) 1st__________ 2nd _________

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

(Roll Call Vote) 1st__________ 2nd _________

Motion - That the ordinance be adopted.

(Roll Call Vote) 1st__________ 2nd _________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

AUDIENCE OF COUNCIL

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

(Voice Vote) 1st__________ 2nd_________ TIME: ___________

ROLL CALL VOTE FOR ADDITIONAL MOTIONS CONSIDERED BY COUNCIL

Item # or Motion__________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

Item # or Motion__________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

Item # or Motion__________

MOELLER WILE BROWN NAAB FIEHRER JOHNSON KLINK

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

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