Minutes-06/14/1989

Its adoption was moved by Stratton and seconded by Stoner. Roll call vote: Eggers, aye; Morgan, aye; Spivey, aye; Stoner, aye; Stratton, aye. Mayor declared motion carried. Eggers then moved and seconded by Morgan that the rule or law requiring three readings of this ordinance on three different dates be dispensed with. Roll call vote: Eggers, aye; Morgan, aye; Spivey, aye; Stoner, aye; Stratton, aye. Mayor declared motion carried. Stratton then moved for final adoption and seconded by Eggers. Roll call vote: Eggers, aye; Morgan, aye; Spivey, aye; Stoner, aye; Stratton, aye. Mayor Potter declared Ordinance No. 1989-158 duly passed and adopted. AN ORDINANCE AMENDING THE ZONING ORDINANCE NO. 1979-83 OF THE MUNICIPAL CODE OF TIFFIN, IOWA BY CHANGING THE USE REGULATIONS OF CERTAIN PROPERTY FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO M-1 (INDUSTRIAL) was introduced by Spivey. Ordinance was duly read and considered by the council. Its adoption was moved by Stoner and seconded by Spivey. Roll call vote: Eggers, aye; Morgan, aye; Spivey, aye; Stoner, aye; Stratton, aye. Mayor Potter declared motion carried. Eggers then moved that the rule or law requiring three readings of this ordinance on three different dates be dispensed with and seconded by Spivey. Roll call vote: Eggers, aye; Morgan, aye; Spivey, aye; Stoner, aye; Stratton, aye. Mayor Potter declared motion carried. Stratton then moved for final adoption with second by Morgan. Roll call vote: Eggers, aye; Morgan, aye; Spivey, aye; Stoner, aye; Stratton, aye. Mayor Potter then declared Ordinance No. 1989-159 duly passed and adopted. Attorney: The proper procedure to vacate the alley is to pass the resolution which makes way for a public hearing. If some adjoining property owners do not purchase the alley it does not matter. At this point, the council is vacating the alley as a public right-of-way. If a portion is not sold, the city still owns it, but it will no longer be used as a public thoroughfare. Morgan: If Ryan does not buy his adjoining portion, will he have access to his garage? Spivey: What if we vacate it and he does not buy? Attorney: If city vacates the alley and adjoining property owners do not buy the property, the city still owns it and the council has the right to control it. Morgan: The council could still keep someone from using it? Attorney: Yes. Potter: We told him he couldn't fill in the ditch so he went through the other end of the alley with his big trucks and dug deep ruts. Stratton: There are bug ruts all the way down the alley now. Morgan: He already built his garage there. Attorney: Glenn could buy the whole adjoining alley if Ryan does not want his part. It only make common sense to buy a piece of ground which adjoins your property for $100.00. Stratton: What about the cable television lines? Attorney: As long as its on city property, it's okay. Hart: Does the easement convey with the sale of the property?