Minutes-09/09/1981

The Tiffin City Council met in regular session on Wednesday, September 9, 1981 at the Tiffin Methodist Church. Mayor Formanek called the meeting to order at 7:30 p.m. Council-members present were Madden, Potter, Spivey, Rohret and Williams. Also present were Barbara Murray, John Sladek, Mr. and Mrs. Jerry Madden, Mr. and Mrs. Tim Wolfe, David White, Ray Scheetz and Bob Johnston and Pam O'Keefe. No one spoke during the community forum. Motion Spivey second Madden to approve agenda. Carried unanimously. Motion Rohret second Spivey to approve minutes of regular meeting August 12, 1981 and special meeting August 25, 1981. Carried unanimously. AN ORDINANCE AMENDING ORDINANCE NOS. 57 and 1980-87 OF THE ORDINANCES OF TIFFIN, IOWA SAID ORDINANCES ESTABLISHING RATES, CHARGES AND RULES FOR THE USE AND SERVICE OF THE MUNICIPAL SEWER SYSTEM OF TIFFIN was introduced by Potter. Mayor Formanek read the ordinance and the Council considered it. Motion Potter second Spivey to adopt Ordinance No. 1981-103. Roll call vote: Madden, aye; Potter, aye; Rohret, aye; Spivey, aye; Williams, aye. Motion Potter that the rule or law requiring three readings of this ordinance on three different dates be dispensed with. Roll call vote: Madden, aye; Potter, aye; Rohret, aye; Spivey, aye; Williams, aye. Mayor Formanek declared Ordinance No. 1981-103 duly passed and adopted. John Schneider addressed the Council concerning permission to hard surface the driveway and parking lot of the Ice Cream Store next Spring. Schneider stated that he would close the business in three weeks and it was not economically feasible to do the paving at this time. He would have to borrow money and pay interest but would not be receiving income from the business. He would have to talk to DOT about paving up to the highway. Wants to remove railroad ties and widen driveway. Agreed to pave but paving now would be an economic hardship. Business employs many young people in community. Need time to get bids and has been too busy this summer. Rohret: It's part of your responsibility as a business owner. Potter: Like the way you run the business but it's part of the Ordinance. When business is in season, asphalt is in season. Schneider: Would do paving in May before business opens. Didn't give enough notice. Rohret: Could have checked into bids last winter. Attorney Sladek advised Council that if they did allow a grace period, Council should consider requiring an agreement drawn up by Schneider's attorney which states that if work is not completed before business opens in Spring, Schneider will offer no resistance to an injunction against opening business in Spring. Document will be recorded so that anyone buying business would know about the agreement. Advised Council not to formulate a motion now. Would give Schneider until the October meeting to present document in proper form and then sign it. Schneider stated that he would agree to such a document and draw it up.