Minutes-9 /10/1980 (2)

The Tiffin City Council met in special session on Wednesday, September 10, 1980 at the Tiffin Methodist Church to hear request by Louis Voparil for reconsideration of Council order to remove red and white milk delivery van from lots #8 and #9 Sadler Addition in Tiffin, Iowa. Mayor Pro-tem Madden called meeting to order at 7:00 p.m. Councilmembers present were Potter, Spivey, Rohret and Williams. Also present were Louis Voparil and John Hayek. Mr. Hayek stated that the van is not currently licensed but is in storage as defined by the Johnson County Motor Vehicle Department and presented copy of "red-title" as evidence of legal storage. Hayek further stated that van does not pose threat to public health or safety because its wheels are blocked, its back door is kept locked and its front doors cannot be opened by young children. Van is used as refrigerated storage for melons, etc. and advertising for grocery store. Hayek further stated that client feels that Council is selectively enforcing Ordinance No. 1980-91 and is being denied equal enforcement and protection as provided by law. Hayek presented sixteen slides of van and other vehicles in Tiffin which he judged as abandoned. Council stated that they notified owners of vehicles when complaints were received and that owner of vehicles in one slide other than the van had been notified to abate nuisance. No action had been taken on any other vehicles in slides because no complaints had been received about those vehicles. Hayek stated that client felt that this was not the only instance of unfair treatment by the city. Motion Potter second Williams to uphold original decision to request removal of red and white milk delivery van from lots no. 8 and 9 Sadler Addition. Roll call vote: Potter, aye, Spivey, aye, Rohret, aye; Williams, aye. Carried unanimously. Spivey stated that he needed more information before final removal of van. Council will notify Voparil before van is removed. Hayek stated that Voparil intends to file lawsuit to have matter reviewed by court if van is removed. Motion Potter second Spivey to adjourn meeting at 7:35 p.m. Carried unanimously. ADELIA S. KERN, CLERK-TREASURER ROGER N. FORMANEK, MAYOR DOLORES E. MADDEN, MAYOR PRO-TEM