Minutes-4/10/2002

written ordinance would need to be omitted from the language of the ordinance. As the street property ownership remains in litigation, this remains an unanswered question. Mr. Johnston departed the meeting saying he was confused. Dils indicated that as it is in the best interest of the people of the city to retain ownership of the 15 feet of street that perhaps the city could negotiate an agreement with Mr. Johnston where Mr. Johnston would deed away his interest in the street area at the same time that the city provides zoning change to the parcel for whatever zone level that the parcel could sustain, as it is in the best interest of city to retain ownership of the 15 feet of street that is in litigation. Gericke said he thought it was best to retain the street for the benefit of the people of the city. Mr. Greenleaf said that conventionally the city had never zoned city streets, but he did not see any problem with doing this. Dils asked Attorney Greenleaf if the city had previously never zoned city streets, for what reason would we begin at this time. Attorney Greenleaf gave no response. The parcel is not large enough to provide R 2.5 housing and there doesn’t seem to be a reason for the city to zone it in this manner. Greenleaf indicated that would be Mr. Johnston’s problem to have knowledge of. Shafer expressed concern about an ordinance that zones a street as R 2.5, and asked if the city could express that it did not desire to compromise its claim to the city street by any action taken with an ordinance of the city. Gericke expressed concern for the expense to fight Joe Johnston on the matter of the street as Mr. Johnston is an attorney. Fighting Mr. Johnston could be very expensive, the cost might be higher than Tiffin could afford to keep this street that is used by the townspeople. Gericke wondered what tax benefit might be realized if a four-plex could be placed here as opposed to the disrepair now in existence. Dils reminded Gericke that the area was not large enough under zoning ordinance to place a four-plex so it was impossible to consider what taxes might be generated by that kind of change. Attorney Greenleaf indicated that the city council could give second reading with a consideration by Mr. Johnston that a bargain price be agreed upon for the city to purchase the street or that Mr. Johnston resolve the street litigation prior to a third reading of the ordinance.