Minutes-08/10/1988

Morgan: His business is already closed in Tiffin, but he's doing something else there. Spivey: It depends whether the town is willing to spend the money or not. Looks like he's lost it to me. Eggers: What happens if by the time we get this done, the tires are all out? Attorney: First, you could get an injunction to prohibit future violations of the ordinance. Second, you have the right to punish for what is already done on such and such a date, a commercial enterprise violated the zoning ordinance, even if he is no longer doing it. The court makes the decision. You get the practical results anyway. Potter: Do we have a motion to proceed with a legal action against Bream? Spivey: What could it run into for fees with countersuits and everything? Morgan: Would it be a lot of money? Attorney: Usually not. It should be fairly simple, probably $300.00 to $500.00 or less. Might have some proof problems. Take your chance. Might be fined, I don't know. It shouldn't be a large investment. I would hang off on the injunction as it could be a wasted effort there. The criminal aspect should not be too difficult. Morgan: Does anyone have a picture? Attorney: That would be a good idea. Should be fairly specific as to dates, places, and individuals involved. Stratton: Who is charged, the owner or the person using the building? Attorney: The owner would be prosecuted. We don't know who is using the building. The apparent owner is Reta Bream. Potter: If we let this go, other vacant properties could go the same way. Spivey: We've spent $500.00 to $600.00 more foolishly than this. If it can be done for less than $1,000.00 maybe we should proceed. We've been on it for four months now. It's time to get it straightened out. Potter: We ought to do something. Motion by Spivey second by Stratton to authorize Attorney Greenleaf to prosecute any violation of the Zoning Ordinances which appear to have occurred at 141 Railroad Street, former site of Bream Bins and Buildings, and proceed with criminal charges or injunction as may be appropriate. Roll call vote: Stoner, nay; Eggers, aye; Spivey, aye; Stratton, aye; Morgan, aye. Carried. Hart reported that Bob Smelser started sewer repair work and bid was $10,827.25 and might be less if not all materials are needed. So far, 100% of the problem has been with service line not being hooked into the main properly, just broken into the line instead of using the "Y". From now on, Hart and Herring will see that services are connected properly. Discussion of ordinance requiring contractor's bonds. Minimum amount of contract set at $200.00. Clarification that the contractor provides the bond, not the property owner. Attorney stated that a verbal contract is valid if no written contract is made. Hart agreed to be the designated representative of the council and he will cooperate with Bob Herring on matters. Councilman Morgan introduced AN ORDINANCE REGULATING THE PERFORMANCE OF CONTRACT AFFECTING PUBLIC PROPERTY OR DIRECTLY AFFECTING THE PUBLIC WITHIN THE CITY LIMITS OF TIFFIN, IOWA. Mayor Potter read the proposed ordinance and council duly considered it. Its adoption was moved by Morgan and seconded by Spivey. Roll call vote: Spivey, aye; Stratton, aye; Morgan, aye; Stoner, aye; Eggers, aye. Carried unanimously. Stratton then moved that the rule or law requiring three readings of this ordinance on three different dates be dispensed with and Spivey seconded. Roll call vote: Stratton, aye; Morgan, aye; Stoner, aye; Eggers, aye; Spivey, aye. Carried unanimously. Eggers then moved for its final adoption and Spivey seconded.