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Aldermen ask attorney to investigate Lot 41 title issues as city clarifies cemetery policies
Summary
Council discussed inconsistencies between cemetery ordinances and current practice on grave openings, agreed to issue an RFP for grave-opening services, and directed the city attorney to research Lot 41 (Osage Hills) and six related lots after concerns about tax-sale title issues and public-improvement leverage.
The board spent a substantial portion of its Aug. 6 meeting on two related property-administration issues: how the city handles grave openings at city cemeteries and what to do about Lot 41 in Osage Hills, which was purchased at tax sale and may complicate public-improvement leverage.
Attorney Jones told aldermen the current ordinance still states the sexton "performs all grave openings," language that does not reflect recent practice in which city staff have performed some openings after the prior contractor left. Jones recommended amending ordinance language (sections 135.070 and 135.080 were cited) so the law aligns with contracts and practice. The board also directed staff to issue an RFP for grave-opening services and to reconcile fees and fee remittance procedures in the ordinance.
Separately, aldermen discussed Lot 41 in Osage Hills, which had been bought at a county tax sale and where title and improvement obligations are unclear. Attorney Jones warned that removing a lot from the city's recorded resolution could reduce leverage to compel public improvements, but the board also feared leaving lots in limbo. A motion to remove Lot 41 from the resolution failed (0–5). The board then approved a motion directing Attorney Jones and relevant staff to research options for Lot 41 and the six nearby lots, including whether the city could acquire them or otherwise protect public interests.
Next steps include issuing an RFP for grave openings, drafting ordinance changes to align sexton duties and fee language with current contracts, and receiving Attorney Jones's report on Lot 41/title remedies.
