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  • Minutes-2023-1

MINUTES OSHKOSH CITY COUNCIL FEBRUARY 11, 2021

​The City of Oshkosh Mayor and City Council met for regular session on February 11, 2021 at 5:00 p.m.
 
In compliance with the Open Meetings Act of Nebraska, a current copy of the act is posted in the Council Chambers, Courthouse, and Post Office.  Notice of this meeting was advertised in the Garden County News.  The agenda for this meeting was kept current and available for inspection at the office of the City Clerk.
 
Mayor Davis called the meeting to order and read the Open Meetings Act, LB 898.
 
Present were:  Mayor, Terry Davis and Council Members:  Gary DeCock, Cole Birkel and George Zoucha. Absent:  Mike Piva.  Also attending: Attorney, Mary Kay Robinson-Boone, Administrator, Bill Campbell and Clerk, LeAnn Brown.
 
Motion made by DeCock, seconded by Zoucha, to approve the agenda, approve the minutes of the previous meeting and to waive the reading thereof.  Voting Aye:  DeCock, Zoucha, and 
Birkel.  Motion carried.
 
A motion by Zoucha seconded by Birkel, to approve the Treasurer’s Report.  Voting Aye:  Zoucha, Birkel, and DeCock.  Motion carried.
 
A motion by DeCock, seconded by Zoucha, to approve the following bills.  Voting Aye:  DeCock, Zoucha, and Birkel.  Motion carried.  Salaries-16,234.91,  IRS-4,613.98, NE Dept. of Revenue-4,807.73, Aflac-85.95,  Ameriprise Financial-1,783.60, Bank of America-254.97,  Black Hills Energy-193.16, Blue Cross Blue Shield-7,809.76, Bytes-66.00, CenturyLink-193.16,  Eagle Auto-18.36, Enviro Service-20.00,  Kyle Fornander-120.00, Garden Co. News-85.11, Meyers Construction-319,826.38, Keally Kociemba-63.46, League of Municipalities-395.00, Municipal Automation-8,316.37, National Domains-380.00, Nationwide-190.75, NMC-163.53, NPPD-3,158.61, Northwest Pipe Fittings-279.62, Office Service-14.87, Oshkosh ACE-12.58, Oshkosh Library-500.00, Oshkosh Superette-14.77, Mary Kay Robinson-Boone-885.00, Sedgwick Co. Sales-3,987.72, Jerry Smith-700.00, Spic & Span Cleaners-4,125.00, Valley Tire-1,522.66,  Western Resources Group-172.00, Weathercraft-525.00, Wheat Belt PPD-157.20
 
NEW BUSINESS:  
 
No Sheriff’s Report available.
 
Motion by Birkel, seconded by Zoucha, to approve the Animal Control Contact with Jerry and Shiloh Smith.  Voting Aye:  Birkel, Zoucha, and DeCock.  Motion carried.
 
Mayor Davis opened the Public Hearing for a Class CK Liquor License Application for Stanton Craik Inc., dba SNS Café Oshkosh Liquor Store at 205 & 207 West Avenue A.  No persons appeared for or against said liquor license application.  Motion by Zoucha, seconded by Birkel, to approve said application.  Voting Aye:  Zoucha, Birkel, and DeCock.  Motion carried.
 
Motion by DeCock, seconded by Birkel, to approve Ordinance No. 467.  Voting Aye:  DeCock, 
Birkel and Zoucha.  Motion carried.
 
Ordinance No. 467
AN ORDINANCE OF THE CITY OF OSHKOSH, TO AMEND THE NUISANCE ORDINANCE WHICH DEFINES A NUISANCE, PROVIDES FOR THE ABATEMENT and ENFORCEMENT PROCEDURE; and TO PROVIDE WHEN THIS RESOLUTION SHALL BE IN FULL FORCE AND EFFECT.
                                                    
BE IT ORDAINED BY THE CITY OF OSHKOSH THAT:
 
Section 1.
            Ordinance No. ­­­­­­­­­­­423, Part of Article 5-3, specifically Sections 5-3.1 through 5-3.9 and 5-3.1ARTICLE I
GENERAL PROVISIONS
 
PURPOSE.  CITY OF OSHKOSH, by this Article defines its authority to define, regulate, suppress and prevent nuisances, and to declare what shall be a nuisance for its jurisdiction and to provide services to abate same for the health and sanitation of the City.  (NRD 18-1720)
 
DEFINITIONS.
(A)       NUISANCE.  A nuisance consists in doing any unlawful act, or omitting to perform a 
a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing:
(1)       Injures or endangers the comfort, repose, health, or safety of others;
(2)       Offends decency;
(3)       Is offensive to the senses;
(4)       Unlawfully interferes with, obstructs, tends to obstruct, or renders dangerous for passage
        any stream, public park, parkway, square, street, or highway in the municipality;
(5)        In any way renders other persons insecure in life or the use of property; or
(6)        Essentially interferes with the comfortable enjoyment of life and property; or
(7)        Tends to depreciate the value of the property of others.
 
            (B)       Nuisance includes, but is not limited to, the maintaining, using placing, depositing,
leaving, or permitting of any of the following specific acts, omissions, places, conditions, and 
things of:
 
  1. Any odorous, putrid, unsound, or unwholesome grain, meat, hides, skins, feather, 
vegetable matter, or the whole or any part of any dead animal, fish, or fowl;
 
  1. The emission of smoke, dust, fumes, gases, mists, odors, or polluted air from any source that 
is injurious or dangerous to human health and safety.
 
  1.  Privies, vault, cesspools, dumps, pits, or like places which are not securely protected from flies
or rats or other insects and rodents, or which are foul or malodorous;
 
  1.  Filthy, littered, or trash-covered cellars, house yards, barnyards, stable-yards, factory-yards, mill
yards, vacant areas in rear of stores, granaries, vacant lots, houses, buildings, or premises;
 
  1.  Dead animals or dead animals buried within the corporate limits; 
 
  1.  Animal manure in any quantity which is not securely protected from flies and the elements, or 
which is kept of handled in violation of any ordinance of the municipality;
 
  1.  Hauling any garbage, waste, or refuse matter through the streets, alleys, and public ways, except
 when the same is loaded and conveyed in such a way when none of the contents shall be spilled;
 
  1.  Liquid household waste, human excreta, garbage, butcher’s trimmings and offal, parts of fish, or
any waste vegetable or animal matter in any quantity.  Nothing herein contained shall prevent the
temporary retention of waste in receptacles nor the dumping of the non-putrefying waste in a place and manner approved by the municipality;
 
  1. Tin cans bottles, glass, cans, ashes, small pieces of scrap iron, wire metal articles, bric-a-brac,
broken stone or cement, broken crockery, broken glass, broken plaster, and all trash or abandoned material, unless the same be kept in covered bins or galvanized iron receptacles;
     
  1. Trash, litter, rags, accumulations of barrels, boxes, crates, packing crates, mattresses, bedding, excelsior, packing hay, straw or other packing material, lumber not neatly piled, scrap iron, tin, or other metal not neatly piled, old automobiles or parts thereof, of any other waste materials when any of the articles or materials create a condition in which files or rats or other insects or rodents many breed or multiply, or which may be a fire danger, or which are so unsightly as to depreciate property values in the  vicinity;
 
  1.  Any unsafe building, unsightly building, billboard, or other structure, or any old, abandoned or partially destroyed building or structure or any building or structure commenced and left 
 
 
 
 
 
                         unfinished, which buildings, billboards, or other structures are a fire
                         hazard, or a menace to the public health or safety, or are so unsightly
                         as to depreciate the value of property in the vicinity.
12.  All places used or maintained as junk yards, or dumping grounds, or for the 
       wrecking and dissembling of automobiles, truck, tractors, or machinery of 
       any kind, for the storing or leaving of worn-out, wrecked or abandoned 
       automobiles, trucks, tractors, or machinery of any kind, or of any of the parts
       thereof, or for the storing or leaving of any machinery or equipment used by
       contractors or builders or by other persons, which places are kept or
       maintained so as to essentially interfere with the comfortable enjoyment of     
       life or property by others, or which are so unsightly as to tend to depreciate
       property values in the vicinity thereof;
13.  Stockyards, granaries, mills, pig pens, cattle pens, chicken pens, or any other
       place, building or enclosure, in which animals or fowls of any kind are 
       confined or on which are stored tankage or any other animal or vegetable 
       matter, or on which any animal or vegetable mater including grain is being
       processed, when the places in which the animals are confined, or the premises
       on which the vegetable or animal matter is located are maintained and kept in
       such a manner that foul and noxious odors are permitted to emanate 
       therefrom to the annoyance of inhabitants of the municipality or are
       maintained and kept in such a manner as to be injurious to the public health;
14.  Dead or diseased trees within the right-of-way of streets within the corporate 
limits of the City, or on private property within the one-mile zoning     jurisdiction beyond the corporate limits (NRS 17-555);
15.  Undrained lots which hold or may hold stagnant water or any other nuisance;
16.  Any condition which allows the perpetuating of insects and rodents;
17.  Storage, accumulation, keeping, placing, or allowing to remain trash,  
       garbage, scrap and wrecked, worn-out, broken or inoperative, or partially
                               destroyed or disassembled personal or real property of any kind, including     
                               any junk or abandoned motor vehicles, tractors, trailers, machinery, and 
                               equipment;
                         18.  Any vehicle which is not properly registered, or is inoperable, wrecked, 
                                 junked, or partially dismantled and remaining longer than thirty days (30)
                                 on private property.  This does not apply to a vehicle in an enclosed 
                                 building, a vehicle on the premises of a business enterprise operated in a
                                 lawful place and manner, when necessary to the lawful operation of such
                                 business enterprise (such as a licensed salvage dealer, motor vehicle dealer,
                                 or farm implement dealer), or a vehicle in an appropriate storage place or
                                 depository maintained in a lawful place and manner, and so long as the 
                                 premises which said vehicle is located is not a nuisance and is maintained
                                 in a healthful and safe condition.  “Vehicle” means the same as defined by
                                 NRS Section 60-136; a “motor vehicle, all-terrain vehicle, minibike, trailer,
                                 or semi-trailer.  “Properly registered” means as required by Nebraska 
                                 Statutes.
                          19.  Lots, pieces of ground, and the adjourning streets and alleys with growth of
                                 weeds or noxious growth;
                          20.  To reside in a building without operational electrical, heating and 
                                 ventilation, and plumbing systems that have been approved by the building
                                 official as compliant with applicable codes.  Operational shall also mean 
                                 active service from the utility provider that is necessary to make the system
                                 operate.  A ten-day grace period before enforcement shall be in effect if
                                 utility service is temporarily disconnected for nonpayment of utility bill.
                          21.  The use of an engine brake or retarder within the city limits or one-mile
                                  extra-territorial jurisdiction.
                          22.  All other things specifically designated as nuisances elsewhere in the City
                                 Code.  (NRS 18-1720)
 
 
ARTICLE 2
 
 
ABATEMENT SERVICES AND NOTICE PROCEDURE FOR NUISANCES
                 
         6.     If a hearing is requested, the City Clerk shall fix date of said hearing to be no 
                             later than 15 days from receipt of the request for the hearing.  Notice of said
                             hearing and with the date and time shall be served upon the agent owner, and 
                             of the nuisance property be certified and regular mail. 
                     7.     The Hearing shall be a “show cause” hearing in which the agent, owner,
                             occupant of the nuisance property (objecting property) shall provide evidence
                             why the alleged condition should not be found to be a public nuisance and
                             remedied.  This hearing shall be heard before a quorum of the governing 
                             body.  The presiding official of the Governing Body may conduct the hearing
                             or said presiding official may appoint another person as the hearing officer to
                             conduct the hearing (said hearing officer may be the City Attorney or the
                             Enforcement Officer).  At the hearing the hearing officer shall mark and 
                             receive evidence which was presented when the finding of a nuisance was
                             made, relevant evidence of the nuisance since that time, and evidence that the
                             notices were properly given.  The objecting party shall then provide its 
                             evidence.  The rules of evidence are not required at said hearing, but all
                             evidence must be relevant to the particular nuisance being heard.  Testimony
                             shall be under oath as administered by the hearing officer or any person so
                             designated by the laws of perjury.  Evidence may be submitted in writing by
                             affidavit.
                      8.    No later than 14 days after the hearing and consideration of the evidence,
                             the Governing Body may by majority vote rescind the resolution of 
                             violation.  If the resolution of violation is not rescinded, it shall stand.  
                             Furthermore, if the Objector or its designated agent fails to appear at the
                             hearing or does not provide evidence, the nuisance shall stand.  If the 
                             resolution is not rescinded, the Governing Board may, by resolution, extend
                             the date that owner, occupant, lessee, or mortgagee shall abate and remedy the 
                             said public nuisance, but in no case shall this time exceed 60 days.  The 
                             findings of the Governing Board shall be made no later than 14 days after the
                             hearing and notice of its findings shall be served upon the Objecting party by
                             regular US Mail within 5 days of the finding.  The finding of this hearing is
                             final, provided that an interested party or parties may appeal such decision to 
                             the appropriate court for adjudication.
                       9.   If the Nuisance Officer determines the nuisance is not remedied and abated
                             within the time period designated, the City shall cause the abatement of the
                              nuisance.
                     10.    If an interested party properly appeals to an appropriate court the findings
                              and orders of the City, the City actions shall be stayed during until such time
                              that the legal proceedings are completed or dismissed.  In cases of appeal from
                              an action of the City condemning real property as a nuisance or as dangerous
                              under the police powers of the municipality, the owners of the adjoining 
                              property may intervene in the action at any time before trial. (Neb. RS19-710)
 
(B)     PENAL COURT ENFORCEMENT PROCEDURE.
           If the declared nuisance, health, and/or sanitation are not abated within fifteen (15) days
that the notice is served upon the owner and/or occupant, and the City Clerk has not received a
request for hearing, the Nuisance Officer may cause issue of a citation for the code violation.
  1. The citation shall be prosecuted to the appropriate court by the City Attorney or
or designated prosecutor for the City.
  1. A person or persons found guilty of these violations shall be guilty of a misdemeanor
and fined up to $500.00 per each offense.
  1. Each day that the nuisance as identified in the nuisance resolution and notice, is 
not abated shall be a separate offense and subject to a separate fine.
 
 
    (C))               CIVIL COURT PROCEDURE.
                    The Governing Board may instruct by resolution the City Attorney to file a civil  
                     action for the abatement of a nuisance.  Said civil suit may commence after fifteen            
                     (15) days notice has been served as stated in Article 2 of this Chapter, and may be 
                     filed and prosecuted at the same time any other enforcement procedure has
                     commenced, terminated or in progress.
 
ARTICLE 4
EXPENSES
 
  1.   When the City has affected the abatement of the nuisance, health and /or sanitation  
   violation through either City employees or through contract with a third party and
   has incurred expenses and costs thereof, the actual cost thereof shall be charged to
   the owner, agent, occupant or person in possession, charge or control of such
   property.  The billing shall be calculated at the actual cost of abating the nuisance
   plus, a twenty-five dollar ($25.00) administrative fee.
  1.    This billing shall be submitted to the last known address of the Owner of the
    nuisance property as found in the County Treasurer’s office by regular US Mail.
  1.    If said costs are not paid within two months after the work is done and one month
   after the expenses and costs are submitted to the owner and/or occupant, the City
   may levy and assess the expenses and costs upon the real estate benefitted by the
   actions in the same manner as other special assessments are levied and assessed,
   and the City may collect said assessments in the same procedure as other special
   assessments are collected.  The City may also recover said expenses and costs of
   abating the nuisance, health and/or sanitation violation(s) in a civil action in the
   courts of the appropriate county in Nebraska.
Section 2.
     Said Ordinance is hereby amended and all conflicting ordinances, resolutions and conflicting 
     sections of ordinances and resolutions to this ordinance are hereby repealed.
 
Section 3.
     This Ordinance shall be in full force and effect from and after its passage, approval and 
      publication according to law.
 
Passed and approved this 11th day of February, 2021.
 
                                                                                                ____________________________________
                                                                                                Terry G. Davis, Mayor
 
ATTEST:
 
____________________________
LeAnn Brown, City Clerk
 
Motion made by DeCock, seconded by Birkel, to approve Resolution No. 01-21.  Voting Aye:  DeCock, Birkel and Piva.  Motion carried.
 
RESOLUTION NO. 01-21
APPOINTMENT OF NUISANCE OFFICER
 
The Mayor and City Council of the City of Oshkosh (hereinafter the City), in regular session assembled at the Oshkosh City Hall on this 11th day of February, 2021, hereby resolves as follows:
 
WHEREAS, the City desires to appoint a Nuisance Officer pursuant to the City Code of Ordinances
(Ordinance No. 467).
 
WHEREAS, West Central Nebraska Development District (hereinafter WCNDD) is fully willing, able and qualified to act as Nuisance Officer for the City.
 
NOW THEREFORE BE IT RESOLVED that the City approves the appointment of WCNDD to act as Nuisance Officer for the City of Oshkosh for a period of eleven (11) months; from February 11, 2021 to December 31, 2021.
 
 
NOW THEREFORE BE IT RESOLVED that the Mayor is authorized to sign agreements to affect this agreement, and that any ordinance or resolution in conflict with this resolution is hereby revoked to any part in conflict herewith.
 
                                                                                                ______________________________
                                                                                                Terry G. Davis, Mayor
 
ATTEST:
 
______________________________
LeAnn Brown, City Clerk
 
Motion by DeCock, seconded by Birkel, to appoint WCNDD as the City’s Nuisance Officer.  Voting Aye:  DeCock, Birkel, Zoucha.  Motion carried.
 
Mayor Davis opened the following bids for fencing, dirt work and cement work on dug-outs:  Whiskeyboard Construction-54,102.00, Van Pelt Fencin-62,925.68, and Lake Excavation-$64,270.00.  Much discussion was held on this with Baseball/Softball Directors, Nate and Liz Loyd.  Grants will be sought for this project.
 
Motion made by Zoucha, seconded by DeCock, to approve Resolution No. 02-21.  Voting Aye:  Zoucha, DeCock, Birkel.  Motion carried.  Terry Krauter, Commissioner for Garden County expressed the county’s interest in the trash service.
 
RESOLUTION NO. 02-21
TO SELL CITY PERSONAL PROPERTY KNOWN USED IN CONJUCTION WITH TRASH SERVICE
     BE IT RESOLVED by the Mayor and City Council of the City of Oshkosh, in the State of Nebraska as follows:
 
     Section 1.  That pursuant to its authority granted by NRS 17-503.02 it is hereby resolved by the Mayor and City Council that personal property of the City of Oshkosh, used in the business known as “Trash Service” be sold in compliance with 7-503.02(1).
 
     Section 2.  Property to be sold includes:  2017 Freightliner – M2-106 Medium Duty, 300 Cummins Engine, Allison Automatic Transmission with Chamption-36 Yard Compactor Body (Side Load), 2020 Freightliner M2 350 Compactor Body (Side Load), Approximately 160 3-Yard Dumpsters, Approximately 305 – 1 ½ Yard Dumpsters, Approximately 87 – 90 Gallons Roll-out Dumpsters
 
     Section 3.  The sale shall be conducted by auction after proper notice.  City shall require a minimum bid of $450,000.00 and reserves the right to reject any or all bids.  To qualify bidders must provide guarantee of funds available in the amount or greater than purchase price at close of auction.
 
ADOPTED this 11th day of February, 2021.
 
                                                                                                ______________________________
                                                                                                Terry G. Davis, Mayor
 
ATTEST:
 
_____________________________
LeAnn Brown, City Clerk
 
Motion by Zoucha, seconded by DeCock, to approve the employee health insurance plan.  Voting Aye:  Zoucha, DeCock, Birkel.  Motion carried.
 
Motion made by DeCock, seconded by Zoucha, to approve a building permit for Jeannie Schwartz.  Voting Aye:  DeCock, Zoucha, and Birkel.  Motion carried.
 
Motion by Birkel, seconded by DeCock, to adjourn the meeting at 6:04 p.m.  Voting Aye:  Birkel, DeCock, Zoucha.  Motion carried.
 
                                                                                                  
                          Terry G. Davis. Mayor
 
ATTEST:
 
LeAnn Brown, City Clerk
 
 
 
                                                                                                            
 

Location

City of Oshkosh - Nebraska

City of Oshkosh
​305 West 1st
PO Box 166
Oshkosh Nebraska  69154
308-772-3686

email:  ocityhall@gmail.com
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