AGENDA 9-17-2013

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    MIDDLETOWN CITY COUNCIL AGENDA , September 17, 2013 
I. BUSINESS MEETING- COUNCIL CHAMBERS –5:30pm COUNCIL CHAMBERS – LOWER LEVEL 

1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG 
2. ROLL CALL 
3. PUBLIC HEARING 
Amendment to the Zoning Map for Property Located at 50 S. Broad Street 
4. CITIZEN COMMENTS, GUESTS, ORGANIZATIONS’ REPORTS 
5. CITY MANAGER REPORTS 

Ken Bowman - Sorg Opera House Revitalization 

Cincinnati State Fall Program Update 
Turning the Town Teal Campaign- Raising Awareness about Ovarian Cancer 
6. CONSENT AGENDA. . . Matters listed under the Consent Agenda are considered to be routine and will be enacted by one motion and one vote of consent. There will be no separate discussion of these items. If discussion is desired, that item will be removed and considered separately. 

(a) Approve City Council Minutes: September 3, 2013 

(b) Receive and File Board and Commission Minutes: 

MidPointe Library Board of Trustees- June 18 & July 16, 2013 
Historic Commission- August 1, 2013 
Health & Environment- August 13, 2013 
Middletown Public Housing Agency- September 3, 2013 
(c) Approve Personnel Appointment: 

Corrections Officer- Christopher J. Schenck 
TP Lead Mechanic – Lance Barker (promotional) 
(d) Authorize the City Manager to enter into a contract with JJ. Cunningham LLC for runway asphalt repair in an amount not to exceed $41,500. 

(e) Receive and File a petition calling upon the City to close Millers Lounge at 124 Charles Street 

7. COUNCIL COMMENTS 
II. LEGISLATION 
1. Resolution No. R2012-22, a resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor and declaring an emergency. 

2. Resolution No. R2012-23, an amended and restated resolution of the City Council of the City of Middletown, Butler and Warren Counties to continue the existing pickup of contributions to the Ohio Police and Fire Pension Fund (Police: Patrol Officers)and declaring an emergency. 

3. Resolution No. R2012-24, an amended and restated resolution of the City Council of the City of Middletown, Butler and Warren Counties to continue the existing pickup of contributions to the Ohio Police and Fire Pension Fund (Police: Sergeants & Lieutenants)and declaring an emergency. 

MIDDLETOWN CITY COUNCIL AGENDA , September 17, 2013 
4. Resolution No. R2012-25, an amended and restated resolution of the City Council of the City of Middletown, Butler and Warren Counties to continue the existing pickup of contributions to the Ohio Police and Fire Pension Fund (Fire)and declaring an emergency. 

5. Resolution No. R2013-26, a resolution to authorize the City Manager to submit an application to the Ohio Public Works Commission for Project Year 28 requesting funding for improvements to Central Avenue and declaring an emergency. 

6. Resolution No. R2013-27, a resolution to make adjustments to appropriations for current expenses and other expenditures of the City of Middletown, Counties of Butler and Warren, State of Ohio, for the period ending December 31, 2013. (Nuisance Abatement) (2nd Reading) 

7. Resolution No. R2013-28, a resolution to make adjustments to appropriations for current expenses and other expenditures of the City of Middletown, Counties of Butler and Warren, State of Ohio, for the period ending December 31, 2013. (General Fund) (2nd Reading) 

8. Ordinance No. O2013-45, an ordinance establishing a procedure for and authorizing a contract with Phoenix Safety Outfitters for the purchase of fire turnout gear. (2nd Reading) 

9. Resolution No. R2013-29, a resolution declaring the intent of the City of Middletown to appropriate a fee simple and a temporary easement in certain real property owned by Middletown POOH LLC. located a 3359 Towne Boulevard and declaring an emergency. 

10. Resolution No. R2013-30, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest in certain real property owned by Bless Properties LLC. located at parcel number 07031760250 and declaring an emergency. 

11. Resolution No. R2013-31, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest, a permanent drainage easement and a temporary easement in certain real property owned by Bless Properties LLC. located at parcel number 07033260010 and declaring an emergency. 

12. Resolution No. R2013-32, a resolution declaring the intent of the City of Middletown to appropriate a temporary easement and a fee simple interest in certain real property owned by Kroger Limited Partnership I located at parcel number 07033290030 and declaring an emergency. 

13. Resolution No. R2013-33, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest, two permanent drainage easements and a temporary easement in certain real property owned by Bless Properties LLC. located at parcel number 07031760040 and declaring an emergency. 

14. Resolution No. R2013-34, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest and two temporary easements in certain real property owned by Realty Income Corporation located at parcel number 07031980010 and declaring an emergency. 

15. Resolution No. R2013-35, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest and a temporary easement in certain real property owned by Middletown Staples, LLC. located at parcel number 07031760191 and declaring an emergency. 

16. Resolution No. R2013-36, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest and two temporary easements in certain real property owned by Ohio Retail Stores LLC. located at parcel number 07031760211 and declaring an emergency. 

17. Resolution No. R2013-37, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest and a temporary easement in certain real property owned by Goodwill Industries of the Miami Valley located at parcel number 07031760220 and declaring an emergency. 

18. Resolution No. R2013-38, a resolution declaring the intent of the City of Middletown to appropriate a temporary easement in certain real property owned by Meijer Stores Limited Partnership located at parcel number 07031200080 and declaring an emergency. 

19. Resolution No. R2013-39, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest and a temporary easement in certain real property owned by MidFirst Credit Union, Inc. located at 3600 Towne Boulevard and declaring an emergency. 

20. Resolution No. R2013-40, a resolution declaring the intent of the City of Middletown to appropriate a temporary easement in certain real property owned by Thales Pavlatos located at parcel number 07031200050 and declaring an emergency. 

21. Resolution No. R2013-41, a resolution declaring the intent of the City of Middletown to appropriate two fee simple interests and three temporary easements in certain real property owned by Grand Avenue Church of God located at 3722 Towne Boulevard and declaring an emergency. 

22. Resolution No. R2013-42, a resolution declaring the intent of the City of Middletown to appropriate a temporary easement in certain real property owned by Williamette River I located at parcel number 07031260060 and declaring an emergency. 

23. Resolution No. R2013-43, a resolution to make adjustments to appropriations for current expenses and other expenditures of the City of Middletown, Counties of Butler and Warren, State of Ohio, for the period ending December 31, 2013. (Wellfield Protection Fund) (1st Reading) 

24. Ordinance No. O2013-46, an ordinance changing the zoning classification for a parcel of land located at 50 South Broad Street to be UCC (Urban Core Central).(1st Reading) 

III. EXECUTIVE SESSION 
Under the authority of O.R.C. 121.22 (G) (2) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage; and O.R.C. 121.22 (G) (4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment. 
It is the policy of the City of Middletown to make all public hearings and meetings accessible to all persons, in accordance with state and/or federal laws. If you have a disability which requires accommodation in order for you to attend and/or participate in this meeting, please contact us at 425-7831 at least forty-eight hours prior to the time of the meeting to advise us of the need for accommodation, and reasonable efforts shall be made to provide the same. This agenda may be accessed on the City of Middletown website at: http://www.cityofmiddletown.org 

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Vivian Moon Members Profile Send Private Message Find Members Posts Add to Buddy List MUSA Council Joined: May 16 2008 Location: Middletown, Ohi Status: Offline Points: 4187	Post Options Post Reply Quote Vivian Moon Report Post Thanks(0) Quote Reply Topic: AGENDA 9-17-2013 Posted: Sep 15 2013 at 7:38pm
	MIDDLETOWN CITY COUNCIL AGENDA , September 17, 2013 I. BUSINESS MEETING- COUNCIL CHAMBERS –5:30pm COUNCIL CHAMBERS – LOWER LEVEL 1. MOMENT OF MEDITATION/PLEDGE OF ALLEGIANCE TO THE FLAG 2. ROLL CALL 3. PUBLIC HEARING Amendment to the Zoning Map for Property Located at 50 S. Broad Street 4. CITIZEN COMMENTS, GUESTS, ORGANIZATIONS’ REPORTS 5. CITY MANAGER REPORTS Ken Bowman - Sorg Opera House Revitalization Cincinnati State Fall Program Update Turning the Town Teal Campaign- Raising Awareness about Ovarian Cancer 6. CONSENT AGENDA. . . Matters listed under the Consent Agenda are considered to be routine and will be enacted by one motion and one vote of consent. There will be no separate discussion of these items. If discussion is desired, that item will be removed and considered separately. (a) Approve City Council Minutes: September 3, 2013 (b) Receive and File Board and Commission Minutes: MidPointe Library Board of Trustees- June 18 & July 16, 2013 Historic Commission- August 1, 2013 Health & Environment- August 13, 2013 Middletown Public Housing Agency- September 3, 2013 (c) Approve Personnel Appointment: Corrections Officer- Christopher J. Schenck TP Lead Mechanic – Lance Barker (promotional) (d) Authorize the City Manager to enter into a contract with JJ. Cunningham LLC for runway asphalt repair in an amount not to exceed $41,500. (e) Receive and File a petition calling upon the City to close Millers Lounge at 124 Charles Street 7. COUNCIL COMMENTS II. LEGISLATION 1. Resolution No. R2012-22, a resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor and declaring an emergency. 2. Resolution No. R2012-23, an amended and restated resolution of the City Council of the City of Middletown, Butler and Warren Counties to continue the existing pickup of contributions to the Ohio Police and Fire Pension Fund (Police: Patrol Officers)and declaring an emergency. 3. Resolution No. R2012-24, an amended and restated resolution of the City Council of the City of Middletown, Butler and Warren Counties to continue the existing pickup of contributions to the Ohio Police and Fire Pension Fund (Police: Sergeants & Lieutenants)and declaring an emergency. MIDDLETOWN CITY COUNCIL AGENDA , September 17, 2013 4. Resolution No. R2012-25, an amended and restated resolution of the City Council of the City of Middletown, Butler and Warren Counties to continue the existing pickup of contributions to the Ohio Police and Fire Pension Fund (Fire)and declaring an emergency. 5. Resolution No. R2013-26, a resolution to authorize the City Manager to submit an application to the Ohio Public Works Commission for Project Year 28 requesting funding for improvements to Central Avenue and declaring an emergency. 6. Resolution No. R2013-27, a resolution to make adjustments to appropriations for current expenses and other expenditures of the City of Middletown, Counties of Butler and Warren, State of Ohio, for the period ending December 31, 2013. (Nuisance Abatement) (2nd Reading) 7. Resolution No. R2013-28, a resolution to make adjustments to appropriations for current expenses and other expenditures of the City of Middletown, Counties of Butler and Warren, State of Ohio, for the period ending December 31, 2013. (General Fund) (2nd Reading) 8. Ordinance No. O2013-45, an ordinance establishing a procedure for and authorizing a contract with Phoenix Safety Outfitters for the purchase of fire turnout gear. (2nd Reading) 9. Resolution No. R2013-29, a resolution declaring the intent of the City of Middletown to appropriate a fee simple and a temporary easement in certain real property owned by Middletown POOH LLC. located a 3359 Towne Boulevard and declaring an emergency. 10. Resolution No. R2013-30, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest in certain real property owned by Bless Properties LLC. located at parcel number 07031760250 and declaring an emergency. 11. Resolution No. R2013-31, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest, a permanent drainage easement and a temporary easement in certain real property owned by Bless Properties LLC. located at parcel number 07033260010 and declaring an emergency. 12. Resolution No. R2013-32, a resolution declaring the intent of the City of Middletown to appropriate a temporary easement and a fee simple interest in certain real property owned by Kroger Limited Partnership I located at parcel number 07033290030 and declaring an emergency. 13. Resolution No. R2013-33, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest, two permanent drainage easements and a temporary easement in certain real property owned by Bless Properties LLC. located at parcel number 07031760040 and declaring an emergency. 14. Resolution No. R2013-34, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest and two temporary easements in certain real property owned by Realty Income Corporation located at parcel number 07031980010 and declaring an emergency. 15. Resolution No. R2013-35, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest and a temporary easement in certain real property owned by Middletown Staples, LLC. located at parcel number 07031760191 and declaring an emergency. 16. Resolution No. R2013-36, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest and two temporary easements in certain real property owned by Ohio Retail Stores LLC. located at parcel number 07031760211 and declaring an emergency. 17. Resolution No. R2013-37, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest and a temporary easement in certain real property owned by Goodwill Industries of the Miami Valley located at parcel number 07031760220 and declaring an emergency. 18. Resolution No. R2013-38, a resolution declaring the intent of the City of Middletown to appropriate a temporary easement in certain real property owned by Meijer Stores Limited Partnership located at parcel number 07031200080 and declaring an emergency. 19. Resolution No. R2013-39, a resolution declaring the intent of the City of Middletown to appropriate a fee simple interest and a temporary easement in certain real property owned by MidFirst Credit Union, Inc. located at 3600 Towne Boulevard and declaring an emergency. 20. Resolution No. R2013-40, a resolution declaring the intent of the City of Middletown to appropriate a temporary easement in certain real property owned by Thales Pavlatos located at parcel number 07031200050 and declaring an emergency. 21. Resolution No. R2013-41, a resolution declaring the intent of the City of Middletown to appropriate two fee simple interests and three temporary easements in certain real property owned by Grand Avenue Church of God located at 3722 Towne Boulevard and declaring an emergency. 22. Resolution No. R2013-42, a resolution declaring the intent of the City of Middletown to appropriate a temporary easement in certain real property owned by Williamette River I located at parcel number 07031260060 and declaring an emergency. 23. Resolution No. R2013-43, a resolution to make adjustments to appropriations for current expenses and other expenditures of the City of Middletown, Counties of Butler and Warren, State of Ohio, for the period ending December 31, 2013. (Wellfield Protection Fund) (1st Reading) 24. Ordinance No. O2013-46, an ordinance changing the zoning classification for a parcel of land located at 50 South Broad Street to be UCC (Urban Core Central).(1st Reading) III. EXECUTIVE SESSION Under the authority of O.R.C. 121.22 (G) (2) To consider the purchase of property for public purposes, or for the sale of property at competitive bidding, if premature disclosure of information would give an unfair competitive or bargaining advantage; and O.R.C. 121.22 (G) (4) Preparing for, conducting, or reviewing negotiations or bargaining sessions with public employees concerning their compensation or other terms and conditions of their employment. It is the policy of the City of Middletown to make all public hearings and meetings accessible to all persons, in accordance with state and/or federal laws. If you have a disability which requires accommodation in order for you to attend and/or participate in this meeting, please contact us at 425-7831 at least forty-eight hours prior to the time of the meeting to advise us of the need for accommodation, and reasonable efforts shall be made to provide the same. This agenda may be accessed on the City of Middletown website at: http://www.cityofmiddletown.org