Minutes-02/08/1989

The Tiffin City Council met in regular session on Wednesday, February 8, 1989 at the fire station. Mayor Potter called the meeting to order at 7:00 p.m. Members present: Eggers, Morgan, Stoner, Spivey, and Stratton. Also present were Mike Hart, city engineer; Bob Michael, city attorney; Bob Herring; John Schneider, Leo Buell, Jerry Vani, Gregg Geerdes, and Bob Carpenter, Johnson County sheriff. Motion Spivey second Eggers to approve agenda. Motion carried. Motion Eggers second Spivey to approve minutes of January 11, 1989. Motion carried. Ordinance #1989-157, an ORDINANCE AMENDING ZONING ORDINANCE #1979-83 OF THE MUNICIPAL CODE OF TIFFIN, IOWA BY CHANGING THE USE REGULARIORTS OF CERTAIN PROPERTY FROM R-1 (SINGLE-FAMILY RESIDENTIAL) TO C-1 (COMMERCIAL) was introduced by Morgan. Mayor Potter read ordinance. Motion Stratton second Spivey for adoption of Ordinance #1989-157. Roll call vote: Eggers, aye; Morgan, aye; Stoner, aye; Spivey, aye; Stratton, aye. Carried unanimously. Motion Stratton second Spivey that the rule or law requiring three readings of the ordinance on three different dates be dispensed with. Roll call vote: Eggers, aye; Morgan aye; Stoner, aye; Spivey, aye; Stratton, aye. Carried unanimously. Motion Stoner second Eggers for final adoption of Ordinance #1989-157. Roll call vote: Eggers, aye; Morgan, aye; Stoner, aye; Spivey, aye; Stratton, aye. Carried unanimously. Mayor declared Ordinance No. 1989-157 duly passes and adopted. Engineer Hart reported contacting attorney for the Vorel property concerning easement to water tower. Bill Grace is willing to allow 25 feet. There should be no problems with obtaining easement. Attorney Michel said when Rock Island Railroad took bankruptcy and began to sell off property, not all of the proper documents were filed with clerk of Federal District Court in Chicago. Court also requires notice to lien holders whenever property is sold. Not all were contacted when railroad sold property. It is still possible a creditor could attempt to invalidate sale of property to town, but highly unlikely at this time. As more time passes, it would become more difficult for anyone to file claim. Title on property cannot be cleared up now because bank cannot re-open bankruptcy case. Could be a problem in the future if town decides to sell the property because buyer could claim that not all documents were on file. Recommendation of attorney that it is safe purchase property. A RESOLUTION THAT THE CITY OF TIFFIN PURCHASE PROPERTY LOCATED ON RAILROAD STREET was introduced by Morgan. Mayor Potter read Resolution. Motion Morgan second Stratton to approve resolution to purchase property on Railroad St. Roll call vote: Eggers, aye; Morgan, aye; Stoner, aye; Spivey, aye; Stratton, aye. Mayor Potter declared Resolution No. 1989-1 duly passed and adopted.