Minutes-4/10/2002

One option would be to allow Mr. Johnston to keep the street or close the street altogether probably to the detriment of both the city and Mr. Johnston. Reihman said that the Ordinance contained a legal description of property apparently owned by Mr. Johnston that appeared to include the litigated street space of 15 feet. Approving the rezoning amendment with inclusion of a legal description that included the 15 feet as Johnston property might be construed to saying that the city agreed to the fact that the 15 feet of street belongs to Mr. Johnston and that Mr. Johnston may use this 15 feet of street for an R-2.5 use. If the city really believes that this 15 feet of street that has been used over 100 years as a street, and is improved to be a street for the majority of those years, it is a street, and should not be included in the legal description included in the ordinance. The legal description in the city ordinance would need revision prior to adoption. Mr. Greenleaf thought that a city could zone a street R 2.5 and did not think that including the legal description of the 15 feet of street in an ordinance as property in ownership of Mr. Johnston would be any kind of concession of ownership to Mr. Johnston. Mr. Gericke didn’t think that the city wanted the street. Shaffer felt concern about action that might be in opposition to the best interest of the community. He felt it would be best to consider postponing action that concerns matters in litigation or contest until such matters are cleared and asked if a motion concerning this to be in order. Attorney Greenleaf thought he could make this motion. A motion on the floor. Councilmember Bartels requested that his motion to reconsider a second reading of an Ordinance Amending the Zoning Ordinance of the City of Tiffin and providing 230 Main Street to be changed from R-1 single family to R-2.5 (four plex) zoning be deferred to allow a new motion on the floor. Motion Shaffer, second Gericke that the City provide state of understanding that there is no intent on the part of the City of Tiffin in the first reading, nor the second reading of an Ordinance Amending the Zoning Ordinance as relates to request from Joe Johnston and Amanda Potterfield for 230 Main for zone request from R-1 to R.25 nor any time in the future for the City of Tiffin to make admission of concession of this area in the rezoning request that includes in legal description the contested area of 15 feet of street in quiet title action brought in the area of Second Street and located adjacent to 230 Main Street now in petition before the City of Tiffin. Additionally, the 15 feet of street area in litigation is specifically omitted from this rezoning request and lies within the public domain for use by the citizens of the City of Tiffin and in the consideration of city officials. Ayes: Bartels, Shaffer, and Gericke. Nays: Dils. Motion carried.