The Oskaloosa City Council on Jan. 6 approved a $750 settlement resolving a claim that the city used a copyrighted photograph on its website and took a series of routine municipal actions including approving a Municipal Housing Agency appointment and advancing two ordinance amendments required by Iowa law.
The settlement resolved a claim by Pixy Case Management Team alleging the city posted a registered photograph of Bird scooters without authorization. The council approved a resolution to pay $750 to settle the claim after being advised by city counsel on the potential exposure for statutory damages and attorney fees.
City attorney (unnamed) described the practice as widespread and said the minimum statutory damages in some copyright cases can be $750. “I think there is a cottage industry out there where there are a lot of people fish around to try to get a percentage on anything like that,” the city attorney said, adding, “If damages are awarded, the minimum is $750 plus you can be hit for attorney’s fees.” A council member asked, “Who the heck is Pixy Case Management, Dave?” during discussion.
The council also moved forward two related code changes tied to the city’s recently extended two-mile extraterritorial zoning authority. On second reading, the council approved an ordinance amending Title 2 (Administration and Personnel) and Title 17 (Zoning) of the Oskaloosa Municipal Code to increase the size of the Planning and Zoning Commission and the Board of Adjustment by two members, with the additional positions to be appointed by the Mahaska County Board of Supervisors as required by state law.
Separately, the council adopted a second-reading amendment to Article V of the City Charter to align the charter’s residency/qualification language for board, commission and committee members with Iowa law. The ordinance language noted that the charter requires members be registered voters of Oskaloosa except for certain rural Library Board members and the amendment updates that language to reflect the statutory requirement related to the two-mile zoning appointments.
On the consent agenda the council confirmed the appointment of Matt Feld to the Municipal Housing Agency and included as a consent item the third reading of an ordinance amending Chapter 13.08 of the municipal code related to the city sewage system — the third reading was placed on consent because the council had recorded unanimous votes on the first and second readings.
Council members voted by roll call to approve the consent agenda, the settlement resolution and both second-reading ordinances. The meeting ran briefly and staff announced a special meeting to be scheduled later in the week to follow up on items needing additional input. The council also noted community events including a Coffee & Conversation session the coming Saturday at Smoky Row.