Minutes-2 /13/1985

Tiffin Council minutes Feb. 13, 1985 The Tiffin City Council met in regular session on Wednesday, February 13, 1985 at the Tiffin fire station. Mayor Potter called meeting to order at 7:30 p.m. Councilmembers present were Cox, Morgan, Runge and Spivey. Stevens was absent. Also present were Attorney Greenleaf, Clyde Blish, LaVerle Michel, Bill Runge, Judy Stephenson, Larry Ryan, Engineer Snyders, and members of the high school government class. Motion Spivey second Morgan to approve agenda. Carried unanimously. Motion Runge second Cox to approve minutes of special meeting January 31, 1985 and regular meeting January 7, 1985. Carried unanimously. Motion Spivey second Morgan to refer request from Iowa-Illinois Gas and Electric Company for rezoning of either approximately 30 acres or approximately 60 acres in Myron Walker Trust from R-1 (single-family residential) to M-1 (industrial) for use as electrical sub-station to Planning and Zoning Commission. Carried unanimously. Council considered memo from Shive-Hattery requesting City to release Service-Enterprises Corporation from liquidated damages of approximately $4300.00 due to late completion of water tower project. Morgan: We told him last time that we wouldn't pay extra. Spivey: We already went through this. Potter: Can we legally go with that? Greenleaf: In my opinion, it is the Council's discretion. The only complaint is to say that contract provides for liquidated damages of $100.00 per day and $100.00 per day does not reflect the loss suffered by the town. Could be taken to arbitration. This process is set forth in the contract. Spivey: We gave them more time. They didn't abide by the work orders. Greenleaf: The Council did not do anything wrong. The argument that it is unfair is not a winning argument. It's not a strong argument, but not impossible to win. They'd spend a lot of time and money to get back $4300.00. My conclusion is that if you do whatever is fair, there will not be any big legal problems. Potter: There was an extra expense in doing inside of water tower. Our engineers said it was okay. Is the Council in favor of holding where we were? Spivey: Leave it like it is. We pay them and they pay us.