Minutes August 10, 2017
The City of Oshkosh Mayor and City Council met for regular session on August 10, 2017 at 7:00 p.m.
In compliance with the Open Meetings Act of Nebraska, a current copy of the act is posted in the council chambers. Notice of this meeting was posted at City Hall, Garden County Courthouse, and Post Office. The agenda for this meeting was kept current and available for inspection at the office of the City Clerk.
Mayor Levick called the meeting to order and read the Open Meetings Act, LB 898.
Present were: Mayor, Jim Levick and Council Members: David Cook, Gary DeCock, Sarena Assmann, and Terry Davis. Also attending: Attorney, Mary Kay Robinson-Boone, Administrator, Bill Campbell, and City Clerk, LeAnn Brown.
Motion made by Assmann seconded by Davis, to approve the agenda, approve the minutes of the previous meeting and to waive the reading thereof. Motion carried unanimously.
Motion by Cook, seconded by DeCock, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by Davis, seconded by Cook, to approve the following bills. Motion carried unanimously. Salaries-20,270.49, IRS-6,558.88, NE Dept. of Revenue-2,557.23, Black Hills Energy-260.94, Blue Cross Blue Shield-6,850.99, Business Card-215.55, Central Dist. Health-46.50, CenturyLink-338.20, Shannon Corfield-90.00, DN Tanks-194,332.95, Eagle Auto-8.20, Garden Co. News-110.73, Garden Co. Sheriff-18.57, Doug Gregg-3,500.00, Terry Krauter-90.00, Kurtzer’s-20.34, Lake Excavation-472.50, League of Municipalities-1,029.00, Midlands Contracting-310,276.27, Nationwide-197.25, NE Environmental-859.75, NE Public Health-474.00, NPPD-8,022.00, NE Safety & Fire Equip.-285.00, NW Pipe Fittings-178.22, Oshkosh Library-4,000.00, Oshkosh Superette-656.25, Oshkosh True Value-152.20, Dorene Paisley-72.00, Pershing-1,646.32, Peterson Welding-170.00, Dwight Porter-2,500.00, PrestoX-84.00, Scotty Ray-700.00, Mary Kay Robinson-Boone-1,000.00, S.A. Foster-107.22, Sedgwick Co. Sales-3,013.40, Utilities Section-472.00, Valley Tire-706.88, WBPPD-7,166.37, Jay Wilson-29.00,
OLD BUSINESS:
The Health Board Report was gone over.
The wellfield project is progressing and most easements are done.
The Ducks Unlimited land was discussed.
NEW BUSINESS:
Terry Rajewich, NPPD Account Manager, Raymond Blessin and Jason Krueger, came before the Mayor and Council to renew the Professional Retail Operations Agreement between NPPD and City of Oshkosh and Amendment No. 1 Agreement. Motion by Davis, seconded by Assmann, to approve said agreement. Motion carried unanimously.
Motion by Assmann, seconded by Cook, to approve Resolution No. 05-17. Motion carried unanimously.
NO. 05-17 RESOLUTION APPROVING
EXTENSION OF PROFESSIONAL RETAIL OPERATIONS AGREEMENT
WHEREAS, the City owns its electric distribution system, and
WHEREAS, the amendment to extend the term of the Professional Retail Operations Agreement on file with the Council has been proposed by Nebraska Public Power District (NPPD) and fully discussed and explained, and
WHEREAS, it is determined that it would be desirable to enter into said amendment to the Professional Retail Operations Agreement.
NOW, THEREFORE, BE IT RESOLVED:
1. The said amendment to the Professional Retail Operations Agreement is approved and the Mayor is authorized to execute it, and the City Clerk to attest it on behalf of the City.
2. Notice of this transaction shall be given by publication once each week for three (3) successive weeks, of the following Notice:
NOTICE OF TRANSACTION The Council has approved a Resolution authorizing execution on behalf of the City of an amendment to the Professional Retail Operations Agreement (Agreement) between Nebraska Public Power District and the City of Oshkosh, Nebraska. The Agreement is on file with the City Clerk and available for inspection. It contains provisions summarized as follows:
1. The City will extend the lease of its electric distribution system to Nebraska Public Power District for a term of not less than fifteen (15) years from the effective date of the amendment and not more than twenty-five (25) years; provided, if either party terminates the Agreement at any time between year fifteen (15) and year twenty-five (25) of the term, the City will continue to take service from NPPD under NPPD's standard Wholesale Power Contract, and such Wholesale Power Contract shall remain in effect through the remainder of the twenty-five (25) year term.
2. During the term of the Agreement, NPPD will pay to the City an amount equal to twelve percent (12%) of the retail revenues from the electric distribution system, adjusted to eliminate revenues from tax-supported agencies, fuel cost, and similar adjustments. NPPD will maintain the electric distribution system, will make payments in lieu of taxes as required by law, and will provide insurance, as set out in the Agreement.
This Notice will be published once each week for three (3) successive weeks. If, within thirty (30) days after the last publication thereof, a referendum petition signed by qualified electors of the City equal in number to at least twenty percent (20%) of the votes cast at the last general municipal election shall be filed with the City Clerk, this transaction shall not become effective until it has been approved by a vote of the electors. If no such petitions are filed, the transaction shall become effective at the expiration of said thirty (30) day period.
___________________________ ATTEST: James R. Levick, Mayor
____________________________
LeAnn Brown, City Clerk
Motion by Davis, seconded by Assmann, to approve Amendment No. 1 to Professional Retail Operations Agreement between NPPD and City of Oshkosh. Motion carried unanimously.
Deputy Sheriff Ryan Dean handed out the July Sheriff’s Report.
Chris Johnson, representing Nebraska Link, came before the Mayor and Council with an agreement for giving access to certain city owned facilities for placement and operation of data communications, telecommunication and network equipment. Motion by DeCock, seconded by Davis, to approve said agreement. Motion carried unanimously.
Kelly Griffiths spoke to the Mayor and Council regarding the city’s Delinquent Bill Policy. No action taken.
Dennis Brockmeyer requested a Livestock Permit for horses at 404 E. 4th Street. Motion made by Davis, seconded by DeCock, to approve the permit for four horses. Motion carried unanimously.
Animal Control Officer, Scotty Ray, handed out his monthly report.
Motion by Davis, seconded by Cook, to approve a building permit to Kathy Warner. Motion carried unanimously.
Motion by DeCock, seconded by Davis, to deny a building permit to Randy Stanczyk, as the intended use does not conform to the City’s Building Code in the R-1 District. Motion carried unanimously. Mayor Levick requested the Planning Commission to meet on this matter.
The estimated figures for the 2017-2018 budget were gone over.
The Grandma and Family Pass for the swimming pool was reviewed. No action taken.
The parking and closure of Main Street for Fall Festival was discussed at length. This will be on the agenda at the next regular meeting.
Motion by Cook, seconded by DeCock, to approve the Economic Development Advisory Committee’s recommendation for a loan of $40,000 to applicant #18. Motion carried unanimously.
Motion by Assmann, seconded by Davis, to adjourn the meeting at 9:36 p.m. Motion carried unanimously.
In compliance with the Open Meetings Act of Nebraska, a current copy of the act is posted in the council chambers. Notice of this meeting was posted at City Hall, Garden County Courthouse, and Post Office. The agenda for this meeting was kept current and available for inspection at the office of the City Clerk.
Mayor Levick called the meeting to order and read the Open Meetings Act, LB 898.
Present were: Mayor, Jim Levick and Council Members: David Cook, Gary DeCock, Sarena Assmann, and Terry Davis. Also attending: Attorney, Mary Kay Robinson-Boone, Administrator, Bill Campbell, and City Clerk, LeAnn Brown.
Motion made by Assmann seconded by Davis, to approve the agenda, approve the minutes of the previous meeting and to waive the reading thereof. Motion carried unanimously.
Motion by Cook, seconded by DeCock, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by Davis, seconded by Cook, to approve the following bills. Motion carried unanimously. Salaries-20,270.49, IRS-6,558.88, NE Dept. of Revenue-2,557.23, Black Hills Energy-260.94, Blue Cross Blue Shield-6,850.99, Business Card-215.55, Central Dist. Health-46.50, CenturyLink-338.20, Shannon Corfield-90.00, DN Tanks-194,332.95, Eagle Auto-8.20, Garden Co. News-110.73, Garden Co. Sheriff-18.57, Doug Gregg-3,500.00, Terry Krauter-90.00, Kurtzer’s-20.34, Lake Excavation-472.50, League of Municipalities-1,029.00, Midlands Contracting-310,276.27, Nationwide-197.25, NE Environmental-859.75, NE Public Health-474.00, NPPD-8,022.00, NE Safety & Fire Equip.-285.00, NW Pipe Fittings-178.22, Oshkosh Library-4,000.00, Oshkosh Superette-656.25, Oshkosh True Value-152.20, Dorene Paisley-72.00, Pershing-1,646.32, Peterson Welding-170.00, Dwight Porter-2,500.00, PrestoX-84.00, Scotty Ray-700.00, Mary Kay Robinson-Boone-1,000.00, S.A. Foster-107.22, Sedgwick Co. Sales-3,013.40, Utilities Section-472.00, Valley Tire-706.88, WBPPD-7,166.37, Jay Wilson-29.00,
OLD BUSINESS:
The Health Board Report was gone over.
The wellfield project is progressing and most easements are done.
The Ducks Unlimited land was discussed.
NEW BUSINESS:
Terry Rajewich, NPPD Account Manager, Raymond Blessin and Jason Krueger, came before the Mayor and Council to renew the Professional Retail Operations Agreement between NPPD and City of Oshkosh and Amendment No. 1 Agreement. Motion by Davis, seconded by Assmann, to approve said agreement. Motion carried unanimously.
Motion by Assmann, seconded by Cook, to approve Resolution No. 05-17. Motion carried unanimously.
NO. 05-17 RESOLUTION APPROVING
EXTENSION OF PROFESSIONAL RETAIL OPERATIONS AGREEMENT
WHEREAS, the City owns its electric distribution system, and
WHEREAS, the amendment to extend the term of the Professional Retail Operations Agreement on file with the Council has been proposed by Nebraska Public Power District (NPPD) and fully discussed and explained, and
WHEREAS, it is determined that it would be desirable to enter into said amendment to the Professional Retail Operations Agreement.
NOW, THEREFORE, BE IT RESOLVED:
1. The said amendment to the Professional Retail Operations Agreement is approved and the Mayor is authorized to execute it, and the City Clerk to attest it on behalf of the City.
2. Notice of this transaction shall be given by publication once each week for three (3) successive weeks, of the following Notice:
NOTICE OF TRANSACTION The Council has approved a Resolution authorizing execution on behalf of the City of an amendment to the Professional Retail Operations Agreement (Agreement) between Nebraska Public Power District and the City of Oshkosh, Nebraska. The Agreement is on file with the City Clerk and available for inspection. It contains provisions summarized as follows:
1. The City will extend the lease of its electric distribution system to Nebraska Public Power District for a term of not less than fifteen (15) years from the effective date of the amendment and not more than twenty-five (25) years; provided, if either party terminates the Agreement at any time between year fifteen (15) and year twenty-five (25) of the term, the City will continue to take service from NPPD under NPPD's standard Wholesale Power Contract, and such Wholesale Power Contract shall remain in effect through the remainder of the twenty-five (25) year term.
2. During the term of the Agreement, NPPD will pay to the City an amount equal to twelve percent (12%) of the retail revenues from the electric distribution system, adjusted to eliminate revenues from tax-supported agencies, fuel cost, and similar adjustments. NPPD will maintain the electric distribution system, will make payments in lieu of taxes as required by law, and will provide insurance, as set out in the Agreement.
This Notice will be published once each week for three (3) successive weeks. If, within thirty (30) days after the last publication thereof, a referendum petition signed by qualified electors of the City equal in number to at least twenty percent (20%) of the votes cast at the last general municipal election shall be filed with the City Clerk, this transaction shall not become effective until it has been approved by a vote of the electors. If no such petitions are filed, the transaction shall become effective at the expiration of said thirty (30) day period.
___________________________ ATTEST: James R. Levick, Mayor
____________________________
LeAnn Brown, City Clerk
Motion by Davis, seconded by Assmann, to approve Amendment No. 1 to Professional Retail Operations Agreement between NPPD and City of Oshkosh. Motion carried unanimously.
Deputy Sheriff Ryan Dean handed out the July Sheriff’s Report.
Chris Johnson, representing Nebraska Link, came before the Mayor and Council with an agreement for giving access to certain city owned facilities for placement and operation of data communications, telecommunication and network equipment. Motion by DeCock, seconded by Davis, to approve said agreement. Motion carried unanimously.
Kelly Griffiths spoke to the Mayor and Council regarding the city’s Delinquent Bill Policy. No action taken.
Dennis Brockmeyer requested a Livestock Permit for horses at 404 E. 4th Street. Motion made by Davis, seconded by DeCock, to approve the permit for four horses. Motion carried unanimously.
Animal Control Officer, Scotty Ray, handed out his monthly report.
Motion by Davis, seconded by Cook, to approve a building permit to Kathy Warner. Motion carried unanimously.
Motion by DeCock, seconded by Davis, to deny a building permit to Randy Stanczyk, as the intended use does not conform to the City’s Building Code in the R-1 District. Motion carried unanimously. Mayor Levick requested the Planning Commission to meet on this matter.
The estimated figures for the 2017-2018 budget were gone over.
The Grandma and Family Pass for the swimming pool was reviewed. No action taken.
The parking and closure of Main Street for Fall Festival was discussed at length. This will be on the agenda at the next regular meeting.
Motion by Cook, seconded by DeCock, to approve the Economic Development Advisory Committee’s recommendation for a loan of $40,000 to applicant #18. Motion carried unanimously.
Motion by Assmann, seconded by Davis, to adjourn the meeting at 9:36 p.m. Motion carried unanimously.