CITY OF OSKALOOSA, KS
SPECIAL COUNCIL MEETING MINUTES
212 W WASHINGTON STREET
APRIL 4, 2019 * 7:00PM

GOVERNING BODY MEMBERS PRESENT

Eric Hull, Mayor
John Norman, Council President
Ken Newell, Council
Mike Smith, Council
Larry Fowler, Council
John Metzger, Council

OFFICIALS PRESENT
Patty Hamm, City Clerk
Paul Bolinger, Chief of Police
Bill Heard, City Superintendent
Lee Hendricks, City Attorney

PUBLIC PRESENT
Rick Nichols: Oskaloosa Independent
Linda Wonnell: Oskaloosa Lions Club
Mike Boyd: Boyd's Heating and Air
Richard Quimby: 1001 Liberty Street
Dwight Denton: 1003 Delaware Street
Deanna Lyon: 707 Liberty Street

 
CALL TO ORDER
Eric Hull, Mayor, called the regular meeting of the Oskaloosa City Council to order at 7:00pm.

PUBLIC

LIONS CLUB
Linda Wonnell, Oskaloosa Lions Club, presented the Council with a list of events for 2019.  Ms. Wonnell stated that other than assistance with traffic control and street barricades there isn't anything additional needed from the City.

BOYD'S HEATING AND AIR
Mike Boyd presented the Council with a cost estimate for services for 2019 in the amount of $1150. Mike Smith made a motion to approve the contract estimate as presented. Ken Newell seconded the motion. Vote: Yes=5, No=0 Motion Carried

1001 LIBERTY STREET
Mr. Richard Quimby advised the City Council that he has purchased the vacant lots near and including 1001 Liberty Street. Mr. Quimby brought to the City Council's attention several issues that he is wanting addressed. The first being that there is an existing sewer utility easement created in 1961 that includes all of Lot 1 and part of Lot 2 in Keeler's Addition, Block 32. Mr. Quimby asked the Council if they would consider removing or reducing the easement so that he can build on those lots.   Council members were in agreement that something could most likely be done to accommodate this request as long as access to the existing sewer main is not lost.

Mr. Quimby advised that his second issue is an existing alley that sits in the middle of the property he purchased. He reported he is wanting to build his house across the alley and is interested in vacating the alley. Council members along with City Superintendent, Bill Heard, discussed options for servicing other lots in the area should the City vacate the existing alley. Bill Heard advised the services would have to go through the alley or by way of the street. Bill noted it would require a pump system for Lawrence Street access. Bill also explained to Council the potential access issues that arise for future owners when allowing private easements. Eric Hull applauded Mr. Quimby for taking vacant lots in the City and building on them. Lee Hendricks noted he is not ever in favor of the City giving up street and alley access but agreed something may possibly be done to help out Mr. Quimby if the Council has all of their concerns addressed for current and future access of all surrounding lots.

The third issue on Mr. Quimby's list is the request for a variance of the setbacks. Patty Hamm advised Mr. Quimby that there is a hearing process to apply for a variance. Ken Newell noted he would not be in favor of a variance. Mr. Quimby replied the variance is not the most important of his request to the City.

Lee Hendricks and Bill Heard will review the property and areas of concern prior to the next Council meeting and submit their recommendations to the Council on all issues.
 
1003 DELAWARE STREET
Mr. Dwight Denton was present to discuss various issues as follows: 1) the ditch across the street is a swamp and it needs to be fixed; 2) the street is falling away by his driveway; and 3) his fence sits in the middle of the platted but undeveloped Leavenworth Street and he would like to clean up the fence line but he is required to be bonded to work in the City's easement, which he does not want to do obtain.

Eric Hull responded to Mr. Denton as follows: 1) the swamp area across the street is the City's property and the City will address the area and take care of it as they see fit; 2) the City is currently in the process of putting together the 2019 Street Improvement Project and will, therefore, take a look at Mr. Denton's street to see if it is a priority for this year's project; and 3) the City does require a bond for anyone to work in the City's easement or street right-of-way. Lee Hendricks advised that the bond is a requirement to protect the citizens of the City stating funds that would normally be used to provide services to the citizens would instead be used to fight lawsuits should someone work inappropriately in the City's right-of-way. Eric Hull reiterated that the bond is a requirement and Mr. Denton is not to do any work on the City's easement/right-of-way without first obtaining such bond.

707 LIBERTY STREET
Deanna Lyon stated that the City sidewalks are not consistent throughout the City and wanted to know what the City could do to improve the sidewalks. Eric Hull replied the sidewalks are the responsibility of the property owner to maintain.

Ms. Lyon asked about the requirement for dogs to be contained; stating there is a dog at 816 Delaware that is not chained but is inside an invisible fence. Lee Hendricks replied the dogs do have a right to their own property and to be in their own yard as long as they are contained; which an invisible fence does meet the containment requirements.

POLICE / CODE ENFORCEMENT / ANIMAL CONTROL
Paul Bolinger reported there are several things going on that aren't necessarily daily calls; lots of cases being followed up on. John Norman reported he has received a complaint about a basketball goal being used by kids playing out in the middle of the street. Paul will request they move the base of the goal off of the asphalt.

Lee Hendricks reported on thirty-two Code Enforcement write-ups, several being boats. The consensus of the Council was to monitor the boats so that they do not become an eye sore and/or a nuisance. Council discussed a special permit for individuals who are restoring a vehicle. Lee will write up an ordinance to allow for such a permit.

UTILITIES
Bill Heard reported on utility poles being replaced at the lift stations by Westar Energy. Bill also reported fixing a few water leaks and noted the meter relocation project is still pending.

PARK & POOL
Bill Heard reported the City received notification that the grant for the park rubber mulch has been approved. Once all of the paperwork is in place Bill will begin this project.

Eric Hull recommended the City Council consider budgeting next year to repaint the south water tower.

Bill Heard reported he has the park bathrooms and park concession stand ready for operation minus the hot water.

Bill Heard reported he is still researching the purchase of a used dump truck and new pickup.

CORRESPONDENCE
Council members had no objection to the Jefferson County Planning Commission Permit #DPA2019-01 for Dailey Ag, LLC.

Council members were in agreement the school could use the City Hall building as their relocation/reunification site in the case of a catastrophic event at the school.

The letter from the Jefferson County Republican Central Committee is for informational purposes only. Mayor, Eric Hull, will try to be present for the presentation of the flag to the City.

LEGAL COUNSEL
Ken Newell made a motion to approve Ordinance No. 19-2-301(b) Exotic Animals as presented. Mike Smith seconded the motion. Vote: Yes=5, No=0 Motion Carried

John Norman made a motion to approve Ordinance No. 19-16-20(A) Ponds Conditional Use Permit. Larry Fowler seconded the motion. Vote: Yes=5, No=0 Motion Carried

John Norman made a motion to approve Ordinance No 19-3-2 Cereal Malt Beverage. Ken Newell seconded the motion. Vote: Yes=5, No=0 Motion Carried

OLD BUSINESS
Lee Hendricks reported it is not his belief that the City should invest anymore legal time and effort right now into the Mortgage Program. Lee noted the City of Perry found an ordinance from 1991 where they participated at that time. The Council agreed they would need more citizen interest before taking any action.

MINUTES
John Norman made a motion to approve the minutes of the March 7, 2019 regular meeting as written. Larry Fowler seconded the motion. Vote: Yes=5, No=0 Motion Carried

FINANCE
John Norman made a motion to approve the March financial statement and vouchers as presented. Ken Newell seconded the motion. Vote: Yes=5, No=0 Motion Carried

ZONING
Patty Hamm reported the Planning Commission is scheduled to have the revision of the Zoning Regulations complete in June for Council review.

NEW BUSINESS
Ken Newell made a motion to increase the Judge's monthly stipend for municipal court services to $300 per month. Larry Fowler seconded the motion. Vote: Yes=5, No=0 Motion Carried

Lee Hendricks reported Municipal Court is being moved to the first Thursday of each month at 6:00pm beginning in June 2019.

Eric Hull would like everyone to review the salary scale for the police officers and have a discussion on a full-time officer.

Patty Hamm announced filing deadline for Mayor and Council is Monday, June 3rd at Noon.

ADJOURNMENT
There being no further business to discuss, John Norman made a motion to adjourn the meeting at 9:30pm. Ken Newell seconded the motion. Vote: Yes=5, No=0 Motion Carried.

Eric Hull, Mayor
ATTEST:
Patty A. Hamm, City Clerk

Minutes Approved:                    MAY 2, 2019