Moved by Commissioner Patrizio, seconded by Commissioner Terry, to excuse Mayor Hudson and Commissioner Vogt from the November 19, 2007 Piqua City Commission Meeting. Voice vote, Aye: Barhorst, Terry, and Patrizio. Nay: None. Motion carried unanimously.

REGULAR CITY COMMISSION MEETING

APPROVAL OF MINUTES

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that the minutes of the Regular City Commission Meeting of November 5, and the Commission Work Session on November 1, 2007 be approved. Voice vote, Aye: Terry, Barhorst, and Patrizio. Nay: None. Motion carried unanimously.

ORD. NO. 24-07 (Amended) (Third Reading)

An Ordinance amending Section 154.005 of the Piqua Code relating to Definitions, Section 154.126 relating to Temporary Uses and Chapter 154, Appendix C relating to Fee Schedule

Moved by Commissioner Terry, seconded by Vice Mayor Barhorst, to table Amended Ordinance No. 24-07. Voice vote, Aye: Barhorst and Terry. Nay: Patrizio. Motion failed.

Commissioner Patrizio stated he did not like the permit process and voiced his concern over the enforcement of the permit.

Commissioner Terry voiced her opinion on the permit process.

Commissioner Patrizio stated he would like to adopt the previous ordinance on garage sales.

City Manager Enderle said they would have to go back and review the old ordinance before making a decision.

Chris Schmiesing, Planning & Zoning Supervisor, explained the previous ordinance stated the permit was required but it was not enforced.

City Manager Enderle stated it was up to the City Commission to decide how the enforcement of the permit process would be handled.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, to amend Amended Ordinance No. 24-07 in Section 2, 154.126 (Temporary Uses) to add in the first sentence at the end "except for Subsection E". Voice vote, Aye: Terry, Patrizio, and Barhorst. Nay: None. Motion carried unanimously.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, to approve the third reading with amendments as stated. Voice vote, Aye: Patrizio, Terry, and Barhorst. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared the third reading of Amended Ordinance No. 24-07 adopted.

Joe Goetz, 1831 Wilshire Drive, stated he would like the Commission to take a roll call vote on Ordinance No. 24-07.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Amended Ordinance No. 24-07 be adopted as amended. Roll call, Aye: Barhorst, Terry, and Patrizio. Nay: None. Motion carried unanimously. Vice Mayor Barhorst stated Amended Ordinance No. 24-07 adopted as amended.

ORD. NO. 26-07 (Second Reading)

An Ordinance repealing Schedule A of Chapter 33 of the Piqua Code and adopting a New Schedule A of Chapter 33 of the Piqua Code, relating to wages of certain municipal employees

Moved by Commissioner Terry, seconded by Commissioner Patrizio, that Ordinance No. 26-07 be given a second reading. Voice vote, Aye: Terry, Barhorst, and Patrizio. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Ordinance No. 26-07 be given a second reading.

ORD. NO. 27-07

An Ordinance amending Section 91-23 of the Piqua Code relating to Definitions

Commissioner Patrizio asked what the purpose of Ordinance No. 27-07 is.

City Manager Enderle and Law Director Wall gave brief explanations on the purpose of Ordinance No. 27-07.

Bill Shinall, 1612 New Haven Road, inquired about the time limit between offenses.

City Manager Enderle explained.

Bruce Soifer, 125 W. Water Street, asked what the definition of a nuisance is.

Health & Sanitation Director Amy Welker explained what constitutes a nuisance.

Mr. Soifer asked if signs were considered nuisances?

City Manager Enderle stated that signs are a separate issue.

Scott Fine, 320 E. North Street, voiced concern about the nuisance issue, and the enforcement of it.

City Manager Enderle explained.

Law Director Wall responded to Mr. Fine's questions on court issues and nuisance issues.

Chuck Starrett voiced his opinion about public nuisances and how they are handled.

Terry Cottrell also voiced his opinion on the use of the word "Property Owner" in Ordinance No. 27-07.

Law Director Wall explained.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Ordinance No. 27-07 be given a first reading. Voice vote, Aye: Patrizio, Terry, and Barhorst. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Ordinance No. 27-07 be given a first reading.

ORD. NO. 28-07

An Ordinance amending Chapter 150 (Appendix: Tables, Table A: Permit Fee Schedule)

Commissioner Terry inquired as to where the figures came from for the fees in Ordinance No. 28-07.

City Manager Enderle explained that the questions came up in the November 1st, Commission Work Session. Information was gathered from other communities Ordinance's to set up the guidelines for Ordinance No. 28-07.

Bruce Soifer, 125 W. Water Street, asked for clarification on the section on re-inspections and how they would be handled.

Law Director Wall explained.

Mr. Soifer asked what would the procedure would be if a new violation was found when the inspector came to inspect a previous violation?

Law Director Wall explained a new violation notice would have to be issued for the new violation.

Mark Carnes voiced his opinion about enforcing the previous owner of a property for maintenance issues.

City Manager Enderle explained.

Mr. Carnes stated he purchases foreclosed properties and rehabs them back into the neighborhoods. Mr. Carnes also voiced his concern about banks that own properties and do not maintain them.

City Manager Enderle explained.

Jim Meyer asked who is responsible for misconduct of the inspectors?

City Manager Enderle stated he is responsible for the inspectors.

Mr. Meyer voiced his concern about not being able to park vehicles on gravel and several other issues.

City Manager Enderle stated he would like to set up a meeting with Mr. Meyer to discuss the issues he has with the city.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Ordinance No. 28-07 be given a first reading. Voice vote, Aye: Terry, Barhorst, and Patrizio. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Ordinance No. 28-07 be given a first reading.

ORD. NO. 29-07

An Ordinance amending Section 91.36 of the Piqua Code relating to Definitions

Commissioner Terry asked where the eight (8) inch rule came from?

City Manager Enderle stated other communities use the eight (8) inch rule and we are following their lead.

Terry Cottrell, 415 N. Downing, voiced his concern over being cited for high grass.

Law Director Wall explained.

James Cruse, 9618 N. County Road 25-A, asked how the grass height limit would apply to agricultural areas.

City Manager Enderle explained.

Bill Shinall, 1612 New Haven Road, voiced his concern over being out of town, and his grass not being cut while he is gone? Would he receive a violation notice?

City Manager Enderle explained.

John Martin, 301 Cleveland Street, asked how the grass height rule would apply to the levy banks and city properties.

City Manager Enderle stated the levies are the responsibility of the Miami Conservancy District, and the city properties would have to comply with the height limit also.

Moved by Commissioner Terry, seconded by Commissioner Patrizio, that Ordinance No. 29-07 be given a first reading. Voice vote, Aye: Patrizio, Barhorst, and Terry. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Ordinance No. 29-07 be given a first reading.

ORD. NO. 30-07

An Ordinance amending Chapter 154 of the Piqua Municipal Code establishing the discontinuance of a nonconforming use and the discontinuance of a nonstandard use

Commissioner Terry asked if someone could explain the difference between a Non-Standard Use and a Non-Conforming Use.

Chris Schmiesing, Planning & Zoning Director, explained the difference between a Non-Standard Use and a Non-Conforming Use, and cited an example.

Harley Hamlin, 505 Kitt Street, stated he owns the building located at 506 S. College Street, and voiced his concern the City of Piqua has with the type of business he has in the building at this time.

Chuck Starrett voiced his concern about the non-conforming uses.

Commissioner Patrizio explained that the zoning could be changed if the time frame has lapsed on the previous business.

City Manager Enderle explained there are circumstances that require the city to have this ordinance on the books to enforce the use of non-standard use or a non-conforming use.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Ordinance No. 30-07 be given a first reading. Voice vote, Aye: Patrizio, Barhorst, and Terry. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Ordinance No. 30-07 be given a first reading.

ORD. NO. 31-07

An Ordinance adopting and implementing procedures under Ohio Revised Code Chapter 5722 to facilitate the effective reutilization of nonproductive land situated within the City of Piqua. Which program shall be known as the Piqua Land Reutilization Program

Commissioner Patrizio asked someone to explain the Ohio Revised Code 5722.01, and how it applies to the City of Piqua, and asked for an example.

Law Director Wall explained.

City Manager Enderle stated that doesn't mean the City is going to go out and buy every property that goes into tax delinquency. If it only happens one time a year, that is one property we can put back into use, said Mr. Enderle.

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Ordinance No. 31-07 be given a first reading. Voice vote, Aye: Terry, Patrizio, and Barhorst. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Ordinance No. 31-07 be given a first reading.

ORD NO. 32-07

An Emergency Ordinance adopting and implementing a Civil Code for nuisance violations (Chapter 91), Zoning Code Violations (Chapter 154), and Property Maintenance Violations (Chapter 150) of the Piqua Municipal Code

Law Director Wall explained the reason for the use of "Emergency" in the title of Ordinance No. 32-07.

Commissioner Terry asked several questions concerning the appeal process

Law Director Wall answered her questions.

Commissioner Patrizio voiced concern over how the panel would be chosen, and asked if they could look into it further with the other two Commissioners before making a decision.

City Manager Enderle stated he would look into it.

Scott Fine voiced his opinion on violation notices and several other issues.

City Manager Enderle explained the appeal process on violations.

Mark Carnes asked if someone would clarify Section 4. Responsible Party, in Ordinance No. 32-07 and asked when is the landlord responsible for the trash violation.

Law Director Wall explained.

Mark Carnes stated he believes tenants need to take some responsibility for the homes they live in, and he would like to have some help from the city with problem tenants.

City Manager Enderle explained.

Chuck Starrett asked for clarification on Section 7- Appeal of Ordinance No. 32-07.

Law Director Wall explained the appeal process.

Chuck Starrett voiced concern over who will be hearing the appeals on the issues.

City Manager Enderle explained how the hearings would be conducted and by whom.

Regina Favorite, 924 New Haven Road, asked if it was true that there are 85% rentals in the City of Piqua.

Health and Sanitation Director Welker stated no, it is more like there are 34% of rental homes in the City of Piqua.

Moved by Commissioner Terry, seconded by Commissioner Patrizio, that Ordinance No. 32-07 be given a first reading. Voice vote: Aye: Barhorst, Terry, and Patrizio. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Ordinance No. 32-07 be given a first reading.

ORD NO. 33-07

An Ordinance to make Appropriation for the City of Piqua, Ohio for the year 2008

City Manager Enderle stated Budget Review Sessions would be held on November 27 and 28 from 6:00 -9:00 P.M. in the Municipal Government Complex and are open to the public.

Moved by Commissioner Terry, seconded by Commissioner Barhorst, that Ordinance No. 33-07 be given a first reading. Voice vote, Aye: Terry, Patrizio, and Barhorst. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Ordinance No. 33-07 be given a first reading.

ORD. NO. 34-07

An Ordinance amending Zoning Ordinance No. 42-96 and a map of the City for the rezoning of Inlots 6932 and 6933 from R-1 (One Family Residential) to B (General Business) located along the north side of Garbry Road and owned by Midamco

Commissioner Terry inquired if the proposed property was the location for the new theater that is to be built at a later date.

Chris Schmiesing, Planning & Zoning Supervisor explained where the property is located and the intended use.

Scott Fine voiced his concern on several issues in regards to zoning.

Mr. Schmiesing explained the zoning code to Mr. Fine.

Moved by Commissioner Terry, seconded by Commissioner Patrizio, that Ordinance No. 34-07 be given a first reading. Voice vote, Aye: Terry, Barhorst, and Patrizio. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Ordinance No. 34-07 be given a first reading.

ORD. NO. 35-07

An Ordinance amending Section 31.21 of the Piqua Code relating to the Civil Service Department

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Ordinance No. 35-07 be given a first reading. Voice vote, Aye: Patrizio, Terry, and Barhorst. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Ordinance No. 35-07 be given a first reading.

RES. NO. R-122-07

A Resolution approving an annexation agreement between the City of Piqua and the owner of a parcel located at 8545 N. Dixie Drive known as parcel J27-007100 in Springcreek Township

Moved by Commissioner Patrizio, seconded by Commissioner Terry, that Resolution No. R-122-07 be adopted. Voice vote, Aye: Patrizio, Barhorst, and Terry. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Resolution No. R-122-07 adopted.

RES. NO. R-123-07

A Resolution awarding a contract to Morton Salt for the purchase of road salt for the Street Department

Commissioner Terry asked who is the Southwest Ohio Purchasing Group?

Tom Zechman, Public Works Director explained.

Commissioner Terry voiced concern over how the other counties are purchasing salt.

Mr. Zechman stated he would look into it and get back to the Commission.

City Manager Enderle stated he felt the city would not get a better bid then this one even if they re-bid it.

Moved by Commissioner Terry, seconded by Commissioner Barhorst, that Resolution No R-123-07 be adopted. Roll call, Aye: Patrizio. Barhorst, and Terry. Nay: None. Motion carried unanimously. Vice Mayor Barhorst then declared Resolution No. R-123-07 adopted.

Scott Fine voiced his concern about several other issues within the city.

City Manager Enderle asked Mr. Fine to come in for a meeting, and he would speak to him about the issues he is concerned with.

Chet Osborne, 406 Staunton Street, voiced his opinion about the closing of Paul's Bar, and the hole in the empty lot next to the bar on Main Street.

City Manager Enderle explained citations have been issued on the property with the hole in the ground, and the empty lot is a separate issue from Paul's Bar.

Bill Schinall, 1612 New Haven Road, stated he missed the first round of leaf pickup but city crews came back and picked up his leaves, and he wanted to thank the City crews.

John Martin, 301 Cleveland Street, voiced his opinion on the closing of Paul's Bar.

Law Director Wall explained the legal issues the city is facing with Paul's Bar.

Ralph Pritchard, 313 Fourth Street, voiced his opinion about the number of skateboarders in the streets, and also inquired as to the status of the old hospital property on Park Avenue.

Vice Mayor Barhorst stated he would like to see a skateboard park built in Piqua at some point, and stated the city is getting closer with the situation at the old hospital property in the coming months.

Joe Goetz, 1831 Wilshire Drive, raised several questions on a loan made to an Ad Hoc Committee, and if there was a time limit on the use of the money.

City Manager Enderle explained.

City Manager Enderle urged citizens to apply for the Free House Repairs being done by the Group Workcamps. Deadline for applications will be November 21, 2007. For more information contact Andy Burner at 778-2054 or the City of Piqua via email system.

Vice Mayor Barhorst stated he attended the Veteran's Day Ceremony.

Vice Mayor Barhorst congratulated the Edison College Lady Chargers on being ranked 4th in the nation, and the Lehman Football team for making it to game three in the playoffs this year.

Vice Mayor Barhorst stated he attended the Omega Psi Phi Fraternity Scholarship Banquet on November 17, 2007 in which Ryan Walters from Piqua received a $200 scholarship.

Moved by Commissioner Patrizio, seconded by Commissioner Barhorst, to adjourn from the Regular Piqua City Commission meeting at 9:31P.M. Voice vote, Aye: Patrizio, Terry, and Barhorst. Nay: None. Motion carried unanimously.

_____________________________
FRANK H. BARHORST, VICE MAYOR

PASSED:_______________________

ATTEST:_______________________
REBECCA J. COOL
CLERK OF COMMISSION