The City of Oshkosh Mayor and City Council met for regular session on August 16, 2018 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, and 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 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, and Sarena Assmann. Absent: Terry Davis. Also attending: Attorney, Mary Kay Robinson-Boone, Administrator, Bill Campbell, and City Clerk, LeAnn Brown.
Motion made by Cook, seconded by Assmann, to approve the agenda, approve the minutes of the previous meeting and to waive the reading thereof. Motion carried unanimously.
Motion by DeCock, seconded by Cook, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by Assmann, seconded by DeCock , to approve the following bills. Motion carried unanimously. Salaries-24,465.39, IRS-6,890.79, NE Dept. of Revenue-2,504.24, Ameriprise Financial-1,707.18, Bank of America-631.16, Cherrie Callaway-75.00, Black Hills Energy-50.22, Blue Cross Blue Shield-6,877.01, Central Dist. Health Dept.-131.50, CenturyLink-175.05, Downey Drilling-4,935.00, Eagle Auto Supply-192.82, ESI-8,387.22, Floyd’s-103.94, Garden Co. News-156.99, GCSO-18.57, Martha Hamilton-7.22, Heartland Lumber-11.24, HOA Solutions-4,989.90, Larry Kepler-500.00, League of Municipalities-1,087.00, Main Street Checks-141.85, Moffat Land-375.00, Municipal Supply-164.30, MWC-10,145.30, Nationwide-209.03, NPPD-5,178.85, NE Safety-190.00, NW Pipe-352.01, Office Service-9.59, Oshkosh Library-4,075.00, Oshkosh Superette-1,540.72, Oshkosh True Value-65.16, Peterson Welding-143.75, Primary Electric-2,387.00, PrestoX-87.00, Scotty Ray-700.00, Mary Kay Robinson-Boone-1,875.00, Sedgwick Co. Sales-3,251.40, Sentry Siren-451.50, Brandi Thompson-82.22, Valley Tire-699.99, Westco-281.37, Wheat Belt PPD-1,852.13, Whiskeyboard Construction-147.75
Mayor Levick welcomed the visitors in attendance.
OLD BUSINESS:
The Health Board was reviewed. Letters to code violators will be sent.
Councilman moved that said Ordinance No. 439 be approved upon its third reading and its title agreed to. Councilman Cook seconded the motion. Motion carried unanimously.
CITY OF OSHKOSH
ORDINANCE NO. 439
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA TO REPEAL AND REPLACE ORDINANCE 3-2.21 WHICH PROVIDES FOR MUNICIPAL WATER SUPPLY PROTECTION, TO ESTABLISH ENFORCEMENT PROCEDURES AND PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
3-2.21 PROHIBITION OF DRILLING OF PRIVATE WELLS WITHIN THE CORPORATE CITY BOUNDARY The Mayor and City Council declare that unregulated private domestic water wells within the corporate limits of Oshkosh, Nebraska pose a serious and substantial risk of harm to the public health of the residents of Oshkosh. Further, these wells may be interconnected at unknown points with the public water supply system. Further, unregulated domestic water wells are frequently accessible for human consumption despite no regulation
requiring proof of safety. It is declared to be the public policy of the City of Oshkosh to prohibit the construction of private domestic water supplies so as to protect the public health and safety of the City of Oshkosh, as authorized by Neb. RRS § 17-529.
Private wells already in existence at the time of passage of this Ordinance may remain but shall be subject to inspection and regulation which may require the installation of backflow protectors and testing of water in accordance with NHHS safety requirements.
Any person or entity may apply for a permit to drill a private well solely for the purpose of geothermal energy. Such permit shall be approved or denied by City Council following their review and investigation to determine if public health and safety concerns can be met. If approved, geothermal wells shall be subject to monitoring and regulation by the City of Oshkosh.
Any person or entity, including any well contractor, who commences or engages in construction of a private domestic water well within City of Oshkosh shall guilty of a misdemeanor, and upon conviction shall be fined in an amount not exceeding one thousand ($1,000.00) dollars for each such offense.
This ordinance shall be in full force and effect following approval by City Council and signed by Mayor.
The Mayor and Council discussed estimated 2018-2019 budget.
NEW BUSINESS:
Sheriff Deputy, Todd Yost presented the July Sheriff’s Report.
The Animal Control Officer’s report was reviewed.
A motion made by Cook, seconded by Assmann, to approve Mayor Levick’s appointment of Liz Loyd to the Economic Development Advisory Board. Motion carried unanimously.
Assmann made a motion to approve building permits for Marcie Mueller, Melinda Rice, and Arvid Benzen. Cook seconded the motion. Motion carried unanimously.
A motion by Cook, seconded by Assmann, to approve a building permit for Gary DeCock. Voting Yea: Cook, Assmann, and Levick. Abstain: DeCock. Motion carried.
Mike Piva, representing the Garden County Chamber asked permission to close off Main Street starting at the block south of the railroad tracks to Patriot Café then diagonally across the intersection to Kennedy Electric and also close west side of the alley at Ave C., and to borrow the picnic tables from the City Park. A motion by DeCock, seconded by Cook, to allow the Chamber’s request. Motion carried unanimously.
Mayor Levick re-appointed Cynthia Gregg, Cindy Hurlbutt, and Rose Mary Peterson to the Oshkosh Library Board. A motion by Assmann, seconded by Cook, to approve the re-appointments. Motion carried unanimously.
Administrator Campbell reported a water meter leak at 302 E. Ave I, that was at the meter. A motion made by DeCock, seconded by Cook, to charge what the previous month’s usage was. Motion carried unanimously.
A motion by DeCock, seconded by Assmann, to suspend the rules requiring ordinances to be read by title on three different days and Ordinance No. 440 be considered for passage on the same day. Motion carried unanimously.
A motion by DeCock, seconded by Assmann, to approve Ordinance No. 440. Motion carried unanimously.
ORDINANCE NO. 440
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA, TO AMEND AND REVISE IT ITS ENTIRETY THE OSHKOSH CITY CODE; REPEALING ORDINANCE NO. 388; PROVIDE FOR PUBLICATION IN BOOK FORM; AND TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
Be it ordained by the Mayor and Council of the City of Oshkosh, Nebraska that:
SECTION 1.
Ordinance No. 388 of the City of Oshkosh is replaced in its entirety by this ordinance known as the “Oshkosh City Code”.
SECTION 2.
Ordinance No. 388 and all other ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 3.
This ordinance shall be and is on the date of passage published in book form by authority of the City Council as allowed in Neb. R.S. 17-613 and the publication date shall be the date of the passage as stated herein.
SECTION 4.
This Ordinance (Oshkosh City Code) shall be in full force and effect from and after its passage, approval and publication according to law.
Passed, approved and adopted on August 16, 2018.
A motion by Cook, seconded by DeCock, to approve Mayor Levick’s appointment of Mike Piva to the Oshkosh Housing Authority Board. Motion carried unanimously.
Administrator Campbell reported a zoning violation at 805 Main Street. Motion by DeCock, seconded by Cook, to have Attorney Robinson-Boone send a letter to the resident that is in violation of the city code. Motion carried unanimously.
Motion by Assmann, seconded by Cook, to adjourn the meeting at 8:20 p.m. Motion carried unanimously.
________________________
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, and 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 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, and Sarena Assmann. Absent: Terry Davis. Also attending: Attorney, Mary Kay Robinson-Boone, Administrator, Bill Campbell, and City Clerk, LeAnn Brown.
Motion made by Cook, seconded by Assmann, to approve the agenda, approve the minutes of the previous meeting and to waive the reading thereof. Motion carried unanimously.
Motion by DeCock, seconded by Cook, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by Assmann, seconded by DeCock , to approve the following bills. Motion carried unanimously. Salaries-24,465.39, IRS-6,890.79, NE Dept. of Revenue-2,504.24, Ameriprise Financial-1,707.18, Bank of America-631.16, Cherrie Callaway-75.00, Black Hills Energy-50.22, Blue Cross Blue Shield-6,877.01, Central Dist. Health Dept.-131.50, CenturyLink-175.05, Downey Drilling-4,935.00, Eagle Auto Supply-192.82, ESI-8,387.22, Floyd’s-103.94, Garden Co. News-156.99, GCSO-18.57, Martha Hamilton-7.22, Heartland Lumber-11.24, HOA Solutions-4,989.90, Larry Kepler-500.00, League of Municipalities-1,087.00, Main Street Checks-141.85, Moffat Land-375.00, Municipal Supply-164.30, MWC-10,145.30, Nationwide-209.03, NPPD-5,178.85, NE Safety-190.00, NW Pipe-352.01, Office Service-9.59, Oshkosh Library-4,075.00, Oshkosh Superette-1,540.72, Oshkosh True Value-65.16, Peterson Welding-143.75, Primary Electric-2,387.00, PrestoX-87.00, Scotty Ray-700.00, Mary Kay Robinson-Boone-1,875.00, Sedgwick Co. Sales-3,251.40, Sentry Siren-451.50, Brandi Thompson-82.22, Valley Tire-699.99, Westco-281.37, Wheat Belt PPD-1,852.13, Whiskeyboard Construction-147.75
Mayor Levick welcomed the visitors in attendance.
OLD BUSINESS:
The Health Board was reviewed. Letters to code violators will be sent.
Councilman moved that said Ordinance No. 439 be approved upon its third reading and its title agreed to. Councilman Cook seconded the motion. Motion carried unanimously.
CITY OF OSHKOSH
ORDINANCE NO. 439
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA TO REPEAL AND REPLACE ORDINANCE 3-2.21 WHICH PROVIDES FOR MUNICIPAL WATER SUPPLY PROTECTION, TO ESTABLISH ENFORCEMENT PROCEDURES AND PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
3-2.21 PROHIBITION OF DRILLING OF PRIVATE WELLS WITHIN THE CORPORATE CITY BOUNDARY The Mayor and City Council declare that unregulated private domestic water wells within the corporate limits of Oshkosh, Nebraska pose a serious and substantial risk of harm to the public health of the residents of Oshkosh. Further, these wells may be interconnected at unknown points with the public water supply system. Further, unregulated domestic water wells are frequently accessible for human consumption despite no regulation
requiring proof of safety. It is declared to be the public policy of the City of Oshkosh to prohibit the construction of private domestic water supplies so as to protect the public health and safety of the City of Oshkosh, as authorized by Neb. RRS § 17-529.
Private wells already in existence at the time of passage of this Ordinance may remain but shall be subject to inspection and regulation which may require the installation of backflow protectors and testing of water in accordance with NHHS safety requirements.
Any person or entity may apply for a permit to drill a private well solely for the purpose of geothermal energy. Such permit shall be approved or denied by City Council following their review and investigation to determine if public health and safety concerns can be met. If approved, geothermal wells shall be subject to monitoring and regulation by the City of Oshkosh.
Any person or entity, including any well contractor, who commences or engages in construction of a private domestic water well within City of Oshkosh shall guilty of a misdemeanor, and upon conviction shall be fined in an amount not exceeding one thousand ($1,000.00) dollars for each such offense.
This ordinance shall be in full force and effect following approval by City Council and signed by Mayor.
The Mayor and Council discussed estimated 2018-2019 budget.
NEW BUSINESS:
Sheriff Deputy, Todd Yost presented the July Sheriff’s Report.
The Animal Control Officer’s report was reviewed.
A motion made by Cook, seconded by Assmann, to approve Mayor Levick’s appointment of Liz Loyd to the Economic Development Advisory Board. Motion carried unanimously.
Assmann made a motion to approve building permits for Marcie Mueller, Melinda Rice, and Arvid Benzen. Cook seconded the motion. Motion carried unanimously.
A motion by Cook, seconded by Assmann, to approve a building permit for Gary DeCock. Voting Yea: Cook, Assmann, and Levick. Abstain: DeCock. Motion carried.
Mike Piva, representing the Garden County Chamber asked permission to close off Main Street starting at the block south of the railroad tracks to Patriot Café then diagonally across the intersection to Kennedy Electric and also close west side of the alley at Ave C., and to borrow the picnic tables from the City Park. A motion by DeCock, seconded by Cook, to allow the Chamber’s request. Motion carried unanimously.
Mayor Levick re-appointed Cynthia Gregg, Cindy Hurlbutt, and Rose Mary Peterson to the Oshkosh Library Board. A motion by Assmann, seconded by Cook, to approve the re-appointments. Motion carried unanimously.
Administrator Campbell reported a water meter leak at 302 E. Ave I, that was at the meter. A motion made by DeCock, seconded by Cook, to charge what the previous month’s usage was. Motion carried unanimously.
A motion by DeCock, seconded by Assmann, to suspend the rules requiring ordinances to be read by title on three different days and Ordinance No. 440 be considered for passage on the same day. Motion carried unanimously.
A motion by DeCock, seconded by Assmann, to approve Ordinance No. 440. Motion carried unanimously.
ORDINANCE NO. 440
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA, TO AMEND AND REVISE IT ITS ENTIRETY THE OSHKOSH CITY CODE; REPEALING ORDINANCE NO. 388; PROVIDE FOR PUBLICATION IN BOOK FORM; AND TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
Be it ordained by the Mayor and Council of the City of Oshkosh, Nebraska that:
SECTION 1.
Ordinance No. 388 of the City of Oshkosh is replaced in its entirety by this ordinance known as the “Oshkosh City Code”.
SECTION 2.
Ordinance No. 388 and all other ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 3.
This ordinance shall be and is on the date of passage published in book form by authority of the City Council as allowed in Neb. R.S. 17-613 and the publication date shall be the date of the passage as stated herein.
SECTION 4.
This Ordinance (Oshkosh City Code) shall be in full force and effect from and after its passage, approval and publication according to law.
Passed, approved and adopted on August 16, 2018.
A motion by Cook, seconded by DeCock, to approve Mayor Levick’s appointment of Mike Piva to the Oshkosh Housing Authority Board. Motion carried unanimously.
Administrator Campbell reported a zoning violation at 805 Main Street. Motion by DeCock, seconded by Cook, to have Attorney Robinson-Boone send a letter to the resident that is in violation of the city code. Motion carried unanimously.
Motion by Assmann, seconded by Cook, to adjourn the meeting at 8:20 p.m. Motion carried unanimously.
________________________
James R. Levick, Mayor
ATTEST:
__________________________
LeAnn Brown, City Clerk