Minutes-08/10/1988

The Tiffin City Council met in regular session on Wednesday, August 10, 1988 at the Tiffin fire station. Mayor Potter called meeting to order at 7:00 p.m. Council members present were Morgan, Stoner, Stratton, Eggers and Spivey. Also present was Stephen Greenleaf, Todd Kimm, Mike Hart and Johnson County Sheriff's deputies. Motion Morgan second Spivey to approve agenda. Carried unanimously. Motion Eggers second Stratton to approve minutes of July 13, 1988. Carried unanimously. Mayor Potter reported that he received a telephone call from Bill Bream stating that the tires stored at 141 Railroad Street (formerly Bream Bins and Buildings) are agricultural tires. Stratton: Bream is not the only one loading tires in and out. Potter: I told him that if he came to the council and asked, something probably could be worked out. Bream said that he didn't care. Bream also said he didn't like paying the minimum water bill when he wasn't using the water and needed water at his other place by Oxford. I told him to haul 3,000 gallons up there. Spivey: I believe the property has to be vacant for 90 days before the water can be shut off and bills stopped. Potter: The water hookup is in the other building. Spivey: The council enforces the ordinances on other people and probably should enforce on Bream, also. Morgan: We shouldn't back off. Spivey: Did he get the registered letter? Attorney: His son said that he did not get the first letter. We sent another letter by registered mail. Bream called and said he did not own the property and would not tell me who owned it. I checked at the court house and found the owner to be Reta Bream. Another notice was sent to her. The preliminaries are complied with as far as notice is concerned. Morgan: Do we have a case? Attorney: Based on what I've heard here, probably so. Commercial use is illegal. You might have the problem of proof because you can't get in to see what's inside. You should have sufficient evidence based on observation. Stoner: What are agricultural tires? Just tractor tires? Attorney: I will look at ordinance first and see if there's anything there to limit to agricultural-tractor tires. Spivey: These are not all tractor tires. Attorney: Agricultural use is distinguished from business use related to agricultural. Stratton: I don't think we should back off just because he'd be mad. Eggers: How is there a problem with proof? Attorney: This would be a violation of the ordinance, a criminal code. Criminal standards apply. He has to be found guilty beyond a reasonable doubt. It appears that people have observed tires being moved in and out. The observations of the council and others might be sufficient. There could be a problem. I'm not sure what powers we'd have to look in there, or if a search warrant could be granted on a zoning violation. Potter: The Sheriff's deputy that was here last month said he contacted Bream and Bream said that the tire people were in the process of moving out. Morgan: They are having a big sale in Oxford, but maybe that wouldn't affect here. Potter: Let the attorney check and see what can be done. Attorney: If I have enough information to bring charges, do you want me to do so? Stoner: He's going out of business. It could slide another month. He told me a long time ago that he was leasing this building to someone. That was during the A-Jem discussions.