Oshkosh City Council - Minutes - October 2016
The City of Oshkosh Mayor and City Council met for regular session on October 13, 2016 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, LB898.
Present were: Mayor, Jim Levick and Council Members: Brian Moffat, David Cook, and Gary DeCock. Absent: Sarena Assmann. Also attending: Attorney, Mary Kay Robinson-Boone, Administrator, Bill Campbell, and City Clerk, LeAnn Brown.
Motion made by DeCock, seconded by Cook, to approve the agenda, and approve the minutes of the previous meeting and to waive the reading thereof. Motion carried unanimously.
Motion by Moffat, seconded by DeCock, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by Moffat, seconded by Cook, to approve the following bills. Motion carried unanimously. Salaries-13,730.00, IRS-4,650.27, NE Dept. of Revenue-2,089.05, Bank of America-80.15, Blue Cross Blue Shield-5,352.48, Dave Bode-900.00, Bomgaars-166.45, William Campbell-84.24, Carrothers Construction-55,520.00, Cash-Wa-310.20, Central Dist.-46.50, CenturyLink-281.64, Eagle Auto-140.63, Experience Works-100.00, Amy Frazey-43.76, Garden Co. News-229.48, Garden Co. Register of Deeds-66.00, Garden Co. Sheriff-37.14, Beth Holloway-12.34, Jordan’s-1,280.17, Miller & Assoc.-1,100.00, Monument Inn-83.00, Nationwide-197.25, NE Public Health-54.00, NPPD-5,759.30, NeRWA-165.00, Newton-539.53, NW Pipe-46.35, One Call Concept-17.04, Oshkosh Library-1,000.00, Oshkosh Superette-17.77, Oshkosh True Value-52.41, Pershing-1,646.32, PrestoX-80.41, Scotty Ray-700.00, Mary Kay Robinson-Boone-950.00, Sedgwick Co. Sales-2,855.58, Source Gas-84.24, Tool House Small Engine-15.00, Valley Tire-1,172.95
Mayor Levick welcomed the visitors in attendance.
OLD BUSINESS:
The Health Board Report was discussed. City Code violators will be sent certified letters.
Attorney Robinson-Boone reported to the Mayor and Council that a final agreement concluding the swimming pool construction contract had been reached.
The progress of the new wellfield was discussed.
NEW BUSINESS:
Sheriff Quinn handed out the September Sheriff Report.
Scotty Ray, Animal Control, gave his verbal report to the Mayor and Council.
Black Hills Energy representative, Scott Borders gave an update on the newly form natural gas company. Borders reported that the warehouse that is currently in Oshkosh will be closed down in the near future.
Borders also reported that Black Hills Energy will continue to stay in the Choice Gas Program.
Other representatives from Black Hills Energy present were Michael Schmidt and Todd Deavers.
Gerald and Nicole Kleist requested to have a waiver concerning their five pets (3 pot belled pigs and 2 dogs) at their residence at 405 E. Ave G. Motion by Cook, seconded by DeCock, to approve the requested waiver for five pets to Kleist’s. Motion carried unanimously.
The following building permits were submitted for approval: Sam Boone, Regional West Garden Co. Hospital, and Rita Jameson. Motion by Cook, seconded by DeCock, to approve the building permits. Motion carried unanimously.
Gilbert Hansel spoke to the Mayor and Council concerning the removal of a dead tree on Hansel’s property.
Motion by Cook, seconded by DeCock, to approve Ordinance No. 436. Motion carried unanimously.
Motion by Moffat, seconded by DeCock, to approve Resolution No. 14-16. Motion carried unanimously.
Motion by Cook, seconded by DeCock, to approve Resolution No. 15-16. Voting Yea: Cook, DeCock, and Levick. Abstained: Moffat. Motion carried.
Motion by Moffat, seconded by Cook, to approve Resolution No. 13-16. Motion carried unanimously.
Motion made by DeCock, seconded by Moffat, to approve Resolution No. 16-16. Motion carried unanimously.
Mayor Levick, Administrator Campbell, and City Clerk Brown all gave their reports.
Motion by DeCock, seconded by Moffat, to adjourn the meeting at 8:59 p.m. Motion carried unanimously.
RESOLUTION NO. 14-16
A RESOLUTION AMENDING RESOLUTION NO. 10-15 AUTHORIZING ASSESSMENT AGAINST THE PROPERTY OF LAND OWNERS FOR REMOVING WEEDS AND GRASS MOWING.
WHEREAS, the City of Oshkosh, pursuant to Section 5-3.7.2.3 of Ordinance No. 388, City Code requires that vegetation be mowed or removed so that it extends no more than six inches above the ground and:
WHEREAS, the City, after notice proceeded to mow certain properties within the City limits to comply with City Code.
NOW THEREFORE, BE IT RESOLVED, by the City of Oshkosh that the following property owners of the following Real Estate be assessed the following amounts and that the assessment be levied against the property and that the Garden County Treasurer be authorized to assess the tax against the property.
DAN JOHNSON E 165’ LOT 5, BLK 7, DUFFINS 2ND ADDITION $240.00
350005869
SUSAN LUNDY LOTS 16, 17, 18 BLK. 7, BOTT HART ADDITION $360.00
350003807
BRIAN FROST LOTS 26, 27, & 28, BLK. 1, HUWALDT ADDITION $240.00
350005303
ROSE TECHINCAL LLC BLK 5, LOT 4, DUFFINS 2ND ADDITION $240.00
350061157
KEITH COTHREN PARTIAL TAX LOT 13, LOT 6 $120.00
350057613
C. R. ROGERS LOTS 39 & 40, BLK 1, HUWALDT ADDITION $240.00
350057613
JEANNIE BENDER & LOTS 3, 4, 5, BLK 4, ORIGINAL TOWN $360.00
FRANK WEISS
350000301
CHARLES T. HALL TRUSTEE BLK 9, LOTS 3 & 4, AUGUSUT SUDMAN ADD. $240.00
350001502
CHARLES T. HALL TRUSTEE BLK 11, LOT 18, AUGUST SUDMAN ADDITION $240.00
350001782
MARK & LAURIE SOPER BLK 4, LOT 16, AUGUST SUDMAN ADDITION $120.00
350001049
FRANK BOMAN BLK 6, LOT 16, MALOYS 1ST ADDITION $120.00
350002843
STUART MARTIN BLK 4, LOT C, ORIGINAL TOWN $240.00
350007209
Passed and approved October 13, 2016.
James R. Levick, Mayor
ATTEST:
LeAnn Brown, City Clerk
RESOLUTION NO. 15-16
RESOLUTION AUTHORIZING ASSESSMENT AGAINST THE PROPERTY OF LAND OWNERS FOR DELINQUENT WATER, SEWER, AND/OR TRASH COLLECTION FEES. Article 3-2.19, State Statute 18-503.
WHEREAS, the City of Oshkosh, City Code requires that utilities be paid to the City of Oshkosh on or before the 15th day of each and every month; and
WHEREAS, the City, after delinquent notices were mailed to property landowners and occupants of said property, utilities were turned off at said property.
NOW THEREFORE, BE IT RESOLVED, by the City of Oshkosh that the following property owners of the following Real Estate be assessed the following amounts and that the assessment be levied against the property and that the Garden County Treasurer be authorized to assess the tax against the property.
RUTH HAMILTON 5898 ROAD 173 $54.00
350026157 E1/2 NE1/4 29-17-44
Passed and approved this 13th day of October, 2016.
______________________________
James R. Levick, Mayor
ATTEST:
_________________________________
LeAnn Brown, City Clerk
ORDINANCE NO. 436
AN ORDINANCE TO AMEND THE OSHKOSH CITY CODE SECTION 5-3 TO INCLUDE A SUBSECTION DECLARING THE USE OF AN ENGINE BRAKE OR RETARDER A NUISANCE PROHIBITING USE WITHIN THE CITY LIMITS AND WITHIN THE CITY’S EXTRATERRITORIAL JURISDICTION, AND PROVIDING WHEN SAID ORDINANCE SHALL BECOME EFFECTIVE AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OSHKOSH, NEBRASKA AS FOLLOWS:
Passed and approved this 13th of October, 2016.
___________________________________ James R. Levick, Mayor
ATTEST:
____________________________________
LeAnn Brown, City Clerk
AMENDMENT OF RESOLUTION NO. 07-16 & 08-16
RESOLUTION NO. 13-16
BE IT RESOLVED by the Mayor and City Council of the City of Oshkosh, in the State of Nebraska as follows:
Section 1. Resolution No. 07-16 of the City of Oshkosh is amended to read as follows:
Sewer Rates:
Heavy Institutional & Industry:
Oshkosh Housing Authority $7.00 per unit per month
Trash Rates:
Commercial Per Month:
Light Users $16.00
Moderate: 50 lbs. Average a Week $26.00
Large & Heavy Users per Volume & Weight
Increase per Dumpster per Month $6.50
Section 2. This resolution replaces any previous resolution or ordinance pertaining to sewer rate for the Oshkosh Housing Authority.
Section 3. This resolution replaces any previous resolution or ordinance pertaining to trash rate for large and heavy users per volume and weight increase or decrease per dumpster per month.
Passed and approved this 13th day of October, 2016.
_____________________________ James R. Levick, Mayor
ATTEST:
______________________________
LeAnn Brown, City Clerk
RESOLUTION NO. 16-16
EXISTANCE OF A NUISANCE
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 under §5-3.4 of the Ordinances of the City of Oshkosh the Health Board has investigated, confirmed and presented the existence of a nuisance to the Mayor and City Council of the City of Oshkosh for their consideration.
Section 2. This resolution shall stand as a statement of the Mayor and City Council that there does exist at 204 West Avenue D, Oshkosh, NE a nuisance in violation of §5-3.
Section 3. This resolution does hereby authorize the City Attorney to proceed with Administrative Procedure of abatement or further judicial abatement as set forth in §5-3.6 of the Ordinances of the City of Oshkosh.
ADOPTED this 13th day of October, 2016.
______________________________
James R. Levick, Mayor
ATTEST:
_________________________________
LeAnn Brown, City Clerk
______________________________
James R. Levick, Mayor
ATTEST:
__________________________________
LeAnn Brown, City Clerk
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, LB898.
Present were: Mayor, Jim Levick and Council Members: Brian Moffat, David Cook, and Gary DeCock. Absent: Sarena Assmann. Also attending: Attorney, Mary Kay Robinson-Boone, Administrator, Bill Campbell, and City Clerk, LeAnn Brown.
Motion made by DeCock, seconded by Cook, to approve the agenda, and approve the minutes of the previous meeting and to waive the reading thereof. Motion carried unanimously.
Motion by Moffat, seconded by DeCock, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by Moffat, seconded by Cook, to approve the following bills. Motion carried unanimously. Salaries-13,730.00, IRS-4,650.27, NE Dept. of Revenue-2,089.05, Bank of America-80.15, Blue Cross Blue Shield-5,352.48, Dave Bode-900.00, Bomgaars-166.45, William Campbell-84.24, Carrothers Construction-55,520.00, Cash-Wa-310.20, Central Dist.-46.50, CenturyLink-281.64, Eagle Auto-140.63, Experience Works-100.00, Amy Frazey-43.76, Garden Co. News-229.48, Garden Co. Register of Deeds-66.00, Garden Co. Sheriff-37.14, Beth Holloway-12.34, Jordan’s-1,280.17, Miller & Assoc.-1,100.00, Monument Inn-83.00, Nationwide-197.25, NE Public Health-54.00, NPPD-5,759.30, NeRWA-165.00, Newton-539.53, NW Pipe-46.35, One Call Concept-17.04, Oshkosh Library-1,000.00, Oshkosh Superette-17.77, Oshkosh True Value-52.41, Pershing-1,646.32, PrestoX-80.41, Scotty Ray-700.00, Mary Kay Robinson-Boone-950.00, Sedgwick Co. Sales-2,855.58, Source Gas-84.24, Tool House Small Engine-15.00, Valley Tire-1,172.95
Mayor Levick welcomed the visitors in attendance.
OLD BUSINESS:
The Health Board Report was discussed. City Code violators will be sent certified letters.
Attorney Robinson-Boone reported to the Mayor and Council that a final agreement concluding the swimming pool construction contract had been reached.
The progress of the new wellfield was discussed.
NEW BUSINESS:
Sheriff Quinn handed out the September Sheriff Report.
Scotty Ray, Animal Control, gave his verbal report to the Mayor and Council.
Black Hills Energy representative, Scott Borders gave an update on the newly form natural gas company. Borders reported that the warehouse that is currently in Oshkosh will be closed down in the near future.
Borders also reported that Black Hills Energy will continue to stay in the Choice Gas Program.
Other representatives from Black Hills Energy present were Michael Schmidt and Todd Deavers.
Gerald and Nicole Kleist requested to have a waiver concerning their five pets (3 pot belled pigs and 2 dogs) at their residence at 405 E. Ave G. Motion by Cook, seconded by DeCock, to approve the requested waiver for five pets to Kleist’s. Motion carried unanimously.
The following building permits were submitted for approval: Sam Boone, Regional West Garden Co. Hospital, and Rita Jameson. Motion by Cook, seconded by DeCock, to approve the building permits. Motion carried unanimously.
Gilbert Hansel spoke to the Mayor and Council concerning the removal of a dead tree on Hansel’s property.
Motion by Cook, seconded by DeCock, to approve Ordinance No. 436. Motion carried unanimously.
Motion by Moffat, seconded by DeCock, to approve Resolution No. 14-16. Motion carried unanimously.
Motion by Cook, seconded by DeCock, to approve Resolution No. 15-16. Voting Yea: Cook, DeCock, and Levick. Abstained: Moffat. Motion carried.
Motion by Moffat, seconded by Cook, to approve Resolution No. 13-16. Motion carried unanimously.
Motion made by DeCock, seconded by Moffat, to approve Resolution No. 16-16. Motion carried unanimously.
Mayor Levick, Administrator Campbell, and City Clerk Brown all gave their reports.
Motion by DeCock, seconded by Moffat, to adjourn the meeting at 8:59 p.m. Motion carried unanimously.
RESOLUTION NO. 14-16
A RESOLUTION AMENDING RESOLUTION NO. 10-15 AUTHORIZING ASSESSMENT AGAINST THE PROPERTY OF LAND OWNERS FOR REMOVING WEEDS AND GRASS MOWING.
WHEREAS, the City of Oshkosh, pursuant to Section 5-3.7.2.3 of Ordinance No. 388, City Code requires that vegetation be mowed or removed so that it extends no more than six inches above the ground and:
WHEREAS, the City, after notice proceeded to mow certain properties within the City limits to comply with City Code.
NOW THEREFORE, BE IT RESOLVED, by the City of Oshkosh that the following property owners of the following Real Estate be assessed the following amounts and that the assessment be levied against the property and that the Garden County Treasurer be authorized to assess the tax against the property.
DAN JOHNSON E 165’ LOT 5, BLK 7, DUFFINS 2ND ADDITION $240.00
350005869
SUSAN LUNDY LOTS 16, 17, 18 BLK. 7, BOTT HART ADDITION $360.00
350003807
BRIAN FROST LOTS 26, 27, & 28, BLK. 1, HUWALDT ADDITION $240.00
350005303
ROSE TECHINCAL LLC BLK 5, LOT 4, DUFFINS 2ND ADDITION $240.00
350061157
KEITH COTHREN PARTIAL TAX LOT 13, LOT 6 $120.00
350057613
C. R. ROGERS LOTS 39 & 40, BLK 1, HUWALDT ADDITION $240.00
350057613
JEANNIE BENDER & LOTS 3, 4, 5, BLK 4, ORIGINAL TOWN $360.00
FRANK WEISS
350000301
CHARLES T. HALL TRUSTEE BLK 9, LOTS 3 & 4, AUGUSUT SUDMAN ADD. $240.00
350001502
CHARLES T. HALL TRUSTEE BLK 11, LOT 18, AUGUST SUDMAN ADDITION $240.00
350001782
MARK & LAURIE SOPER BLK 4, LOT 16, AUGUST SUDMAN ADDITION $120.00
350001049
FRANK BOMAN BLK 6, LOT 16, MALOYS 1ST ADDITION $120.00
350002843
STUART MARTIN BLK 4, LOT C, ORIGINAL TOWN $240.00
350007209
Passed and approved October 13, 2016.
James R. Levick, Mayor
ATTEST:
LeAnn Brown, City Clerk
RESOLUTION NO. 15-16
RESOLUTION AUTHORIZING ASSESSMENT AGAINST THE PROPERTY OF LAND OWNERS FOR DELINQUENT WATER, SEWER, AND/OR TRASH COLLECTION FEES. Article 3-2.19, State Statute 18-503.
WHEREAS, the City of Oshkosh, City Code requires that utilities be paid to the City of Oshkosh on or before the 15th day of each and every month; and
WHEREAS, the City, after delinquent notices were mailed to property landowners and occupants of said property, utilities were turned off at said property.
NOW THEREFORE, BE IT RESOLVED, by the City of Oshkosh that the following property owners of the following Real Estate be assessed the following amounts and that the assessment be levied against the property and that the Garden County Treasurer be authorized to assess the tax against the property.
RUTH HAMILTON 5898 ROAD 173 $54.00
350026157 E1/2 NE1/4 29-17-44
Passed and approved this 13th day of October, 2016.
______________________________
James R. Levick, Mayor
ATTEST:
_________________________________
LeAnn Brown, City Clerk
ORDINANCE NO. 436
AN ORDINANCE TO AMEND THE OSHKOSH CITY CODE SECTION 5-3 TO INCLUDE A SUBSECTION DECLARING THE USE OF AN ENGINE BRAKE OR RETARDER A NUISANCE PROHIBITING USE WITHIN THE CITY LIMITS AND WITHIN THE CITY’S EXTRATERRITORIAL JURISDICTION, AND PROVIDING WHEN SAID ORDINANCE SHALL BECOME EFFECTIVE AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OSHKOSH, NEBRASKA AS FOLLOWS:
- Noise resulting from the use of an engine brake or retarder causes apprehension to individuals and the public at large, obstructs, impairs and destroys the reasonable, peaceful and comfortable use and enjoyment of homes and property.
- Use of an engine brake or retarder therefore constitutes a nuisance and is prohibited.
- Pursuant to the City’s extraterritorial jurisdiction the prohibition is extended one mile outside of the City limits, including state maintained roadway.
- This Ordinance shall take effect and be in full force from and after its passage, approval and publication as required by law and repealing any ordinances in conflict herewith.
Passed and approved this 13th of October, 2016.
___________________________________ James R. Levick, Mayor
ATTEST:
____________________________________
LeAnn Brown, City Clerk
AMENDMENT OF RESOLUTION NO. 07-16 & 08-16
RESOLUTION NO. 13-16
BE IT RESOLVED by the Mayor and City Council of the City of Oshkosh, in the State of Nebraska as follows:
Section 1. Resolution No. 07-16 of the City of Oshkosh is amended to read as follows:
Sewer Rates:
Heavy Institutional & Industry:
Oshkosh Housing Authority $7.00 per unit per month
Trash Rates:
Commercial Per Month:
Light Users $16.00
Moderate: 50 lbs. Average a Week $26.00
Large & Heavy Users per Volume & Weight
Increase per Dumpster per Month $6.50
Section 2. This resolution replaces any previous resolution or ordinance pertaining to sewer rate for the Oshkosh Housing Authority.
Section 3. This resolution replaces any previous resolution or ordinance pertaining to trash rate for large and heavy users per volume and weight increase or decrease per dumpster per month.
Passed and approved this 13th day of October, 2016.
_____________________________ James R. Levick, Mayor
ATTEST:
______________________________
LeAnn Brown, City Clerk
RESOLUTION NO. 16-16
EXISTANCE OF A NUISANCE
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 under §5-3.4 of the Ordinances of the City of Oshkosh the Health Board has investigated, confirmed and presented the existence of a nuisance to the Mayor and City Council of the City of Oshkosh for their consideration.
Section 2. This resolution shall stand as a statement of the Mayor and City Council that there does exist at 204 West Avenue D, Oshkosh, NE a nuisance in violation of §5-3.
Section 3. This resolution does hereby authorize the City Attorney to proceed with Administrative Procedure of abatement or further judicial abatement as set forth in §5-3.6 of the Ordinances of the City of Oshkosh.
ADOPTED this 13th day of October, 2016.
______________________________
James R. Levick, Mayor
ATTEST:
_________________________________
LeAnn Brown, City Clerk
______________________________
James R. Levick, Mayor
ATTEST:
__________________________________
LeAnn Brown, City Clerk