Thursday, January 11, 2007

Oskie council discusses issue of clean-up

by Kenneth Lassiter

An otherwise quiet meeting for Oskaloosa city council members Jan. 4 wasn’t totally without conflict as the council discussed the clean-up of a Jefferson Street property.

Jerry Green and Cheryl Forbes, the son-in-law and wife, respectively, of Rex Forbes, who owns the property in question at 203 Jefferson, appeared before the council one night after their date in city court when the Forbes couple was given 30 more days to work on cleaning up the property. The stated problems to be solved on the property include ridding it of disabled lawn mowers and other items deemed a health or safety hazard by the city health board.

Green said he and his mother-in-law were paying the council a visit to find out exactly what needs to be done to resolve the issue. City Attorney Jan Hayes suggested the council allow the problem to be addressed through city court but Green said he had asked council member and health board member Lisa Cross at city court what needed to be done and she had recommended he pay the council a visit.

Green said the family was working hard to clean up the property but he wasn’t sure what was all right to leave sitting outside the small-engine repair business and what wasn’t appropriate to leave sitting outside. Hayes said the city’s ordinance on the matter is self-explanatory and sets forth how much area outside a business can be used to display merchandise. Green replied that some of the mowers are operable while others aren’t but could be used to salvage for parts for use in other mowers Forbes is fixing.

Council member Allen Wise asked City Clerk Patty Hamm if the business was zoned to allow a salvage yard and she replied it wasn’t. Green asserted that the business isn’t a salvage yard and he just wanted to know what needs to be done to resolve the issue.

Wise replied that operable mowers for sale were arguable to have sitting out but not inoperable mowers. Green asked when the family’s efforts to clean up the property would be enough. City Attorney Mike Hayes, who arrived at the meeting in the middle of the discussion, replied it would be enough when the council said it was. Jan Hayes found the city’s ordinance that states business can display merchandise on the sidewalk using no more than 35 percent of the walk between the store and the curb and the merchandise should be moved inside at the end of the day. Green pointed out the Forbes business isn’t on the square and doesn’t have a sidewalk as much as a driveway for vehicles to be driven onto.

Jan Hayes replied the city could change the ordinance to reflect that if it wanted to and Green asked why the city would do that just to “penalize a business.” Green pointed out that there wasn’t room inside the building at the site to store the equipment. Mike Hayes asked why there isn’t room and Green replied it was full. Hayes then suggested the Forbes try to get rid of some inventory to fit the overflow equipment inside.

Cross told Green she would expect anything that isn’t salvageable to be gone from outside the business. She said if she was buying mower parts from Forbes she would like to know the part hadn’t been sitting outside in the elements. Green said the weather has little to no impact on the parts.

Green said he would like to be able to move the mowers and fence in an area behind the business to store them. Cross said that would be fine as long as health issues like tires sitting outside on the ground and barrels collecting rain water weren’t still present.

Council member Mike Boyd stated that, in his opinion, anything that isn’t operable should be gone from outside of the business. Green said that would put Forbes out of business and the discussion became slightly heated.

“We’ll just clean it up the best we can, go to court and see who comes out ahead,” Green said.

The discussion continued as Cross agreed with Boyd’s statement and Wise said the issue involves environmental health matters and what he considers a part of the business for which the property isn’t properly zoned. Green asked if the city wanted every piece of nonoperable equipment outside the building to be removed. Wise said that would be the only way it can’t be considered a salvage yard.

Cross said the city wants to work with the family to make sure the property is cleaned. Green at one point produced pictures of barrels sitting outside the city shop building that city officials said after the discussion ended that they would need to make sure aren’t an issue.

Green said Rex Forbes didn’t come to discuss the issue because he had experienced chest pains in stress over it. Jan Hayes said the situation shouldn’t be coming as something new to the family as the city has been asking since 2003 for the property to be cleaned. Mike Hayes pointed out the property hadn’t always looked the way it does, so there is much room for improvement. Boyd suggested the Forbes couple could salvage the necessary parts from the inoperable mowers and put them in storage. Green replied the couple doesn’t have the money to do so.

Mike Hayes produced pictures of the property taken earlier in the day Jan. 4 and pointed out items that need to be removed. Green pointed out which mowers are operable and what the family plans to do. Hayes questioned firewood stacked along the building as well as kindling and barrels of trash but Green said the firewood and kindling are used inside for heating. Wise asked Green to keep working and put a plan together for clean-up of the property to bring back to city court at the Forbes’ next hearing to let the court decide.

Green thanked the council members for their time and left.

The city will also be in search of a new pool manager for this summer as longtime manager Alana Kasparek told council members she planned to take at least this summer off. Council members said they planned to advertise the position soon.

In other business Jan. 4, the council:

• Heard an update from Bill Heard, maintenance superintendent. Heard said the state has asked the city to change stop sign posts to wood from steel along the state highway in town and that would take place before summer.