City of Oshkosh - Minutes - April 11, 2019
The City of Oshkosh Mayor and City Council met for regular session on March 14, 2019 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: Gary DeCock, Sarena Assmann, Terry Davis, and Mike Piva. Also attending: Attorney, Mary Kay Robinson-Boone, Administrator, Bill Campbell, and City Clerk, LeAnn Brown.
Motion made by DeCock, seconded by Piva, to approve the agenda, approve the minutes of the previous meeting and to waive the reading thereof. Motion carried unanimously.
Motion by Assmann, seconded by Davis, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by Davis, seconded by DeCock, to approve the following bills. Motion carried unanimously. Salaries-15,983.80, IRS-5,063.59, NE Dept. of Revenue-2,458.99, Ameriprise Financial-1,776.68, Bank of America-485.09, Black Hills Energy-1,209.98, Blue Cross Blue Shield-6,319.14, LeAnn Brown-357.03, CenturyLink-175.52, Cornhusker State Industries-1,707.00, DHHS-40.00, Garden Co. News-189.12, GCSO-18.57, Garden Co. Treas.-23,197.50, Heartland Lumber-15.99, Ideal Linen-54.99, Jordan’s-19.76, Kurtzers-5,518.00, League of Municipalities-377.00, Lincoln Cornhusker-220.00, Michael Todd & Co.-539.35, Moffat Land Co.-625.00, Municipal Supply-426.86, Nationwide-209.03, NMVCA-40.00, NE Public Health-474.00, NPPD-3,302.77, Oshkosh ACE Hardware-174.45, Oshkosh Library-1,500.00, Oshkosh Superette-14.95, Peterson Welding-3,315.04, Scotty Ray-700.00, Retina Center-181.87, Mary Kay Robinson-Boone-1,190.00, Sedgwick Co. Sales-3,203.48, Sidney Regional Medical-1,200.00, Spic & Span-162.00, Valley Tire-1,627.04, Wheat Belt PPD-1,250.69, RLP Holding-405.56
OLD BUSINESS:
The Health Board Report was discussed.
Mayor Levick tabled approval of the Employee Handbook.
NEW BUSINESS:
A Sheriff’s Report was not available.
The Animal Control Report was reviewed.
First National Capital Markets sent information about the potential to refinance the swimming pool bond. More information will be made available at the next regular meeting.
Trails West CASA, Inc. requested the Mayor to declare a proclamation and to display a banner in honor of all past and present victims of crime. Motion by Assmann, seconded by Piva, to allow CASA’s requests. Motion carried unanimously.
A motion by Davis, seconded by DeCock, to approve Judy Soul’s Permit to Keep one llama from April 1stto October 1, 2019. Motion carried unanimously.
The Mayor and Council discussed recycling plastics. WGN is now charging the City to pick up the container filled with plastics. ACE distribution monies will be used to recycle plastics to offset this cost.
Motion made by Piva, seconded by Assmann, to approve Ordinance No. 442. Motion carried unanimously.
ORDIANACE NO. 442
AN ORDINANCE OF THE CITY OF OSHKOSH, NEBRASKA, TO ESTABLISH PROCEDURES
FOR OWNERSHIP OF EMOTIONAL SUPPORT DOGS OF CERTAIN BREEDS OF DOGS
DECLARED DANGEROUS AND TO REPEAL AND REPLACE SECTIONS OF THE OSHKOSH
CITY CODE AND TO PROVIDE AND EFFECTIVE DATE.
§ 5-5.7 of the existing Municipal Code of the City of Oshkosh is hereby repealed and replaced by the
following:
§ 5-5.7 DANGEROUS ANIMALS; PROHIBITED IN A RESIDENTIAL AREA
5-5.7.1 Definitions. Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
5-5.7.1.1 Potentially dangerous dog means any dog that, when unprovoked, inflicts bites on a human or a domestic animal either on public or private property, or chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; or any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of humans or domestic animals.
5-5.7.1.2 Dangerous dog or other dangerous animal means any dog or animal that, according
To the records of the appropriate authority, has:
5-5.7.1.2.1 Inflicted injury on a human being without provocation on public
or private property;
5-5.7.1.2.2 Killed a domestic animal without provocation while off the owner’s
property; or
5-5.7.1.2.3 Been previously found to be potentially dangerous, the owner having
received notice of such finding, and the dog or other animal again
aggressively bites, attacks or endangers the safety of humans or
domestic animals.
5-5.7.1.3 Proper enclosure of a potentially dangerous dog means that, while on the
owner’s property, a potentially dangerous dog shall be securely confined indoors
or in a securely enclosed and locked pen or structure, suitable to prevent the
entry of young children and designed to prevent the animal from escaping. Such
pen or structure shall have secure sides and a secure top, shall be securely
embedded into the ground, and shall also provide protection from the elements
for the dog.
5-5.7.2 Determination that dog is potentially dangerous dog. If it is determined by the animal control
commission within ten days of receiving the notice. The hearing, if requested, will be held before the
Mayor and City Council of the City of Oshkosh, Nebraska. The owner of the dog shall bear the burden of
Proof. Any facts that the petitioner wishes to be considered shall be submitted under oath or affirmation,
Either in writing or orally at the hearing. The Mayor and Council shall make a final determination as to
whether the dog is potentially dangerous as herein defined. Such final determination shall be considered a
final order of the City. The determination that a dog is potentially dangerous dog shall be made by the
concurrence of a majority of all members elected to the Council. During the procedure described in this
subsection, a dog declared as potentially dangerous may be impounded pursuant to section 5-5.10 at the
owner’s expense or, if the Officer is assured by the owner’s signed agreement of proper confinement and
safeguards, and that the dog has a current rabies vaccination, the dog may be released to its owner pending
a final determination.
5-5.7.3 Certificate of registration for potentially dangerous dog. The owner of a dog which has been
declared as a potentially dangerous dog shall immediately apply for a certificate of registration from the
animal control officer. A certificate of registration shall be issued by the clerk if the owner presents
sufficient evidence of a proper enclosure to confine a potentially dangerous dog and the posting of the
premises with clearly visible warning sign that there is a dangerous dog on the property. In addition, the
owner shall conspicuously display a sign with a warning symbol that informs children of the presence of
a dangerous dog. A decision by the animal control officer not to issue the certificate of registration may be
reviewed for in subsection 5-5.7.2 of this section.
5-5.7.4 Restraint of potentially dangerous dog. It is unlawful for an owner of a potentially dangerous
dog to permit the dog to be outside the proper enclosure and shall only be walked or exercised off the
property of the owner, on a leash adequate to control the dog, by a person nineteen years of age or older.
5-5.7.5 Dangerous animal prohibited. The owning, allowing, keeping or harboring of a dangerous
dog or other dangerous animal within the corporate limits of the City is hereby prohibited and lawful.
5-5.7.6 Determination that dog is a dangerous dog. If it is determined by the animal control officer,
After investigation, that a dog is dangerous dog as defined in §5-5.7.1.2, the animal control officer shall
proceed as provided in §5-5.7.9 Procedure for Penalty, Impoundment, Destruction and
Appeal.
5-5.7.7 Certain animals prohibited in residential areas. Within any residential area,
the keeping harboring or selling of any poisonous or venomous animal or any warm-
blooded carnivorous or omnivorous animal, including but not limited to nonhuman primates,
raccoons, skunks, foxes, leopards, panthers, tigers and lions, but excluding fowl, dogs, house
cats, ferrets and small rodents
of varieties commonly kept as household pets such as rats, mice, gerbils, guinea pigs, and
hamsters,
is hereby prohibited. Nonpoisonous snakes shall be kept in locked escape-proof cages except
when being handled. No snake shall be permitted by the owner, keeper or handler to escape
from a cage or while being handled.
5-5.7.8 Certain breeds of dogs declared dangerous and ownership prohibited. The
Following breeds of dogs, or any mix of the following breeds of dogs, or any dog displaying
the majority of the physical traits of any one or more of the following breeds of dogs, more so
than any other breed of dogs, or any dog exhibiting those distinguishing characteristics which
substantially conform to the standards established by the American Kennel Club or United
Kennel Club for any of the following breeds: American Pit Bull Terrier, American Staffordshire
Terrier, or Staffordshire Bull Terrier; are hereby declared to be a dangerous dog and ownership
of any such dog is prohibited within the City of Oshkosh, Nebraska.
Owner is defined as any person who owns, possesses, keeps, exercises control over, maintains,
harbors, transports, or sells a dog within the City of Oshkosh, Nebraska.
5-5.7.8.1 Exceptions:
of this Ordinance, shall be permitted to keep the dog in the City of Oshkosh,
Nebraska, and,
training of an emotional support dog or service dog as defined under federal
shall contain a provision requiring the insurance company to provide
written notice to the City Clerk not less than fifteen days prior to any
cancellation, termination, or expiration of the policy; and
older; and
licensed veterinarian that this sterilization has been performed.
§ 5-5.7.9 Violations, penalty, impoundment, destruction and appeal. Notwithstanding any provisions
to the contrary, the animal control officer is authorized to immediately impound any dog found in the City
of Oshkosh, Nebraska, as provided in 5-5.10 which does not fall within the exceptions listed and may house
or dispose of such dog in such manner as the animal control officer may deem appropriate.
When the animal control officer has impounded any dog pursuant to this ordinance and the owner of
such dog disputes the classification of such dog as dangerous, the owner of the dog may file a written
petition with the City Clerk for a hearing concerning such classification no later than seven days after
impoundment. Such petition shall include the name and address, including mailing address of the petitioner.
The City Clerk will then issue a notice of hearing date by mailing a copy to the petitioner’s address no later
than ten days prior to the date of the hearing. When no written request from the owner for a hearing is
received by the City Clerk within seven days of impoundment, the dog shall be humanely destroyed.
The hearing, if any, will be held before the Mayor and City Council of the City of Oshkosh, Nebraska.
The owner of the dog shall bear the burden of proof. Any facts that the petitioner wishes to be
considered shall be submitted under oath or affirmation, either in writing or orally at the hearing. The
Mayor and City Council shall make a final determination as to whether the dog is dangerous as herein defined Such final determination shall be considered a final order of the City.
If the dog is found to be dangerous, it shall be humanely destroyed, unless the owner produces
evidence deemedsufficient by the City Clerk that the dog is to be permanently taken out of the City
of Oshkosh, Nebraska, and the owner pays for the cost of impoundment. If the dog is found not to
be dangerous, the dog shall be released to the owner.
The procedures in this subsection shall not apply, and the owner is not entitled to such a
Hearing with respect to any dog that was impounded as the immediate result of an attack or bite.
In those instances, the dog shall be impounded and thereafter shall be humanely destroyed.
This ordinance shall take effect and be in full force from and after its passage, approval, and
publication as required by law.
_____________________________
James R. Levick, Mayor
ATTEST:
__________________________________
LeAnn Brown, City Clerk
Brandon Namuth sent a request to initiate an Annual Jeannie Nelson 4thof July Baseball Tournament. Namuth also requested to rename the baseball park “The Jeannie Nelson Ballpark”. Motion by Piva,
seconded by Assmann, to allow Namuth to hold an Annual Jeannie Nelson 4thof July Tournament on
the condition that the City has hired a Program Director for the summer baseball/softball season. Since the ballpark has already been named the Bob Henke Baseball Park the name will remain the same.
Motion carried unanimously.
Motion made by Davis, seconded by DeCock, to approve a building permit for Chad Dormann. Motion carried unanimously.
Motion by Assmann, seconded by Davis, to adjourn the meeting at 8:58 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: Gary DeCock, Sarena Assmann, Terry Davis, and Mike Piva. Also attending: Attorney, Mary Kay Robinson-Boone, Administrator, Bill Campbell, and City Clerk, LeAnn Brown.
Motion made by DeCock, seconded by Piva, to approve the agenda, approve the minutes of the previous meeting and to waive the reading thereof. Motion carried unanimously.
Motion by Assmann, seconded by Davis, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by Davis, seconded by DeCock, to approve the following bills. Motion carried unanimously. Salaries-15,983.80, IRS-5,063.59, NE Dept. of Revenue-2,458.99, Ameriprise Financial-1,776.68, Bank of America-485.09, Black Hills Energy-1,209.98, Blue Cross Blue Shield-6,319.14, LeAnn Brown-357.03, CenturyLink-175.52, Cornhusker State Industries-1,707.00, DHHS-40.00, Garden Co. News-189.12, GCSO-18.57, Garden Co. Treas.-23,197.50, Heartland Lumber-15.99, Ideal Linen-54.99, Jordan’s-19.76, Kurtzers-5,518.00, League of Municipalities-377.00, Lincoln Cornhusker-220.00, Michael Todd & Co.-539.35, Moffat Land Co.-625.00, Municipal Supply-426.86, Nationwide-209.03, NMVCA-40.00, NE Public Health-474.00, NPPD-3,302.77, Oshkosh ACE Hardware-174.45, Oshkosh Library-1,500.00, Oshkosh Superette-14.95, Peterson Welding-3,315.04, Scotty Ray-700.00, Retina Center-181.87, Mary Kay Robinson-Boone-1,190.00, Sedgwick Co. Sales-3,203.48, Sidney Regional Medical-1,200.00, Spic & Span-162.00, Valley Tire-1,627.04, Wheat Belt PPD-1,250.69, RLP Holding-405.56
OLD BUSINESS:
The Health Board Report was discussed.
Mayor Levick tabled approval of the Employee Handbook.
NEW BUSINESS:
A Sheriff’s Report was not available.
The Animal Control Report was reviewed.
First National Capital Markets sent information about the potential to refinance the swimming pool bond. More information will be made available at the next regular meeting.
Trails West CASA, Inc. requested the Mayor to declare a proclamation and to display a banner in honor of all past and present victims of crime. Motion by Assmann, seconded by Piva, to allow CASA’s requests. Motion carried unanimously.
A motion by Davis, seconded by DeCock, to approve Judy Soul’s Permit to Keep one llama from April 1stto October 1, 2019. Motion carried unanimously.
The Mayor and Council discussed recycling plastics. WGN is now charging the City to pick up the container filled with plastics. ACE distribution monies will be used to recycle plastics to offset this cost.
Motion made by Piva, seconded by Assmann, to approve Ordinance No. 442. Motion carried unanimously.
ORDIANACE NO. 442
AN ORDINANCE OF THE CITY OF OSHKOSH, NEBRASKA, TO ESTABLISH PROCEDURES
FOR OWNERSHIP OF EMOTIONAL SUPPORT DOGS OF CERTAIN BREEDS OF DOGS
DECLARED DANGEROUS AND TO REPEAL AND REPLACE SECTIONS OF THE OSHKOSH
CITY CODE AND TO PROVIDE AND EFFECTIVE DATE.
§ 5-5.7 of the existing Municipal Code of the City of Oshkosh is hereby repealed and replaced by the
following:
§ 5-5.7 DANGEROUS ANIMALS; PROHIBITED IN A RESIDENTIAL AREA
5-5.7.1 Definitions. Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this section.
5-5.7.1.1 Potentially dangerous dog means any dog that, when unprovoked, inflicts bites on a human or a domestic animal either on public or private property, or chases or approaches a person upon the streets, sidewalks or any public grounds in a menacing fashion or apparent attitude of attack; or any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise threaten the safety of humans or domestic animals.
5-5.7.1.2 Dangerous dog or other dangerous animal means any dog or animal that, according
To the records of the appropriate authority, has:
5-5.7.1.2.1 Inflicted injury on a human being without provocation on public
or private property;
5-5.7.1.2.2 Killed a domestic animal without provocation while off the owner’s
property; or
5-5.7.1.2.3 Been previously found to be potentially dangerous, the owner having
received notice of such finding, and the dog or other animal again
aggressively bites, attacks or endangers the safety of humans or
domestic animals.
5-5.7.1.3 Proper enclosure of a potentially dangerous dog means that, while on the
owner’s property, a potentially dangerous dog shall be securely confined indoors
or in a securely enclosed and locked pen or structure, suitable to prevent the
entry of young children and designed to prevent the animal from escaping. Such
pen or structure shall have secure sides and a secure top, shall be securely
embedded into the ground, and shall also provide protection from the elements
for the dog.
5-5.7.2 Determination that dog is potentially dangerous dog. If it is determined by the animal control
commission within ten days of receiving the notice. The hearing, if requested, will be held before the
Mayor and City Council of the City of Oshkosh, Nebraska. The owner of the dog shall bear the burden of
Proof. Any facts that the petitioner wishes to be considered shall be submitted under oath or affirmation,
Either in writing or orally at the hearing. The Mayor and Council shall make a final determination as to
whether the dog is potentially dangerous as herein defined. Such final determination shall be considered a
final order of the City. The determination that a dog is potentially dangerous dog shall be made by the
concurrence of a majority of all members elected to the Council. During the procedure described in this
subsection, a dog declared as potentially dangerous may be impounded pursuant to section 5-5.10 at the
owner’s expense or, if the Officer is assured by the owner’s signed agreement of proper confinement and
safeguards, and that the dog has a current rabies vaccination, the dog may be released to its owner pending
a final determination.
5-5.7.3 Certificate of registration for potentially dangerous dog. The owner of a dog which has been
declared as a potentially dangerous dog shall immediately apply for a certificate of registration from the
animal control officer. A certificate of registration shall be issued by the clerk if the owner presents
sufficient evidence of a proper enclosure to confine a potentially dangerous dog and the posting of the
premises with clearly visible warning sign that there is a dangerous dog on the property. In addition, the
owner shall conspicuously display a sign with a warning symbol that informs children of the presence of
a dangerous dog. A decision by the animal control officer not to issue the certificate of registration may be
reviewed for in subsection 5-5.7.2 of this section.
5-5.7.4 Restraint of potentially dangerous dog. It is unlawful for an owner of a potentially dangerous
dog to permit the dog to be outside the proper enclosure and shall only be walked or exercised off the
property of the owner, on a leash adequate to control the dog, by a person nineteen years of age or older.
5-5.7.5 Dangerous animal prohibited. The owning, allowing, keeping or harboring of a dangerous
dog or other dangerous animal within the corporate limits of the City is hereby prohibited and lawful.
5-5.7.6 Determination that dog is a dangerous dog. If it is determined by the animal control officer,
After investigation, that a dog is dangerous dog as defined in §5-5.7.1.2, the animal control officer shall
proceed as provided in §5-5.7.9 Procedure for Penalty, Impoundment, Destruction and
Appeal.
5-5.7.7 Certain animals prohibited in residential areas. Within any residential area,
the keeping harboring or selling of any poisonous or venomous animal or any warm-
blooded carnivorous or omnivorous animal, including but not limited to nonhuman primates,
raccoons, skunks, foxes, leopards, panthers, tigers and lions, but excluding fowl, dogs, house
cats, ferrets and small rodents
of varieties commonly kept as household pets such as rats, mice, gerbils, guinea pigs, and
hamsters,
is hereby prohibited. Nonpoisonous snakes shall be kept in locked escape-proof cages except
when being handled. No snake shall be permitted by the owner, keeper or handler to escape
from a cage or while being handled.
5-5.7.8 Certain breeds of dogs declared dangerous and ownership prohibited. The
Following breeds of dogs, or any mix of the following breeds of dogs, or any dog displaying
the majority of the physical traits of any one or more of the following breeds of dogs, more so
than any other breed of dogs, or any dog exhibiting those distinguishing characteristics which
substantially conform to the standards established by the American Kennel Club or United
Kennel Club for any of the following breeds: American Pit Bull Terrier, American Staffordshire
Terrier, or Staffordshire Bull Terrier; are hereby declared to be a dangerous dog and ownership
of any such dog is prohibited within the City of Oshkosh, Nebraska.
Owner is defined as any person who owns, possesses, keeps, exercises control over, maintains,
harbors, transports, or sells a dog within the City of Oshkosh, Nebraska.
5-5.7.8.1 Exceptions:
- The owner of any dog of the breed declared dangerous by this ordinance
of this Ordinance, shall be permitted to keep the dog in the City of Oshkosh,
Nebraska, and,
- The owner of any dog of the breed declared dangerous by this ordinance
training of an emotional support dog or service dog as defined under federal
- Maintain a current license issued by the City of Oshkosh;
- Maintain and provide proof to the City Clerk at least $300,000.00 in
shall contain a provision requiring the insurance company to provide
written notice to the City Clerk not less than fifteen days prior to any
cancellation, termination, or expiration of the policy; and
- Dog shall be housed in a proper enclosure as defined in §5-5.7.1.3; and
- Dog shall only be walked or exercised off property of the owner, on a
older; and
- The owner shall at the owner’s own expense has the dog spayed or
licensed veterinarian that this sterilization has been performed.
§ 5-5.7.9 Violations, penalty, impoundment, destruction and appeal. Notwithstanding any provisions
to the contrary, the animal control officer is authorized to immediately impound any dog found in the City
of Oshkosh, Nebraska, as provided in 5-5.10 which does not fall within the exceptions listed and may house
or dispose of such dog in such manner as the animal control officer may deem appropriate.
When the animal control officer has impounded any dog pursuant to this ordinance and the owner of
such dog disputes the classification of such dog as dangerous, the owner of the dog may file a written
petition with the City Clerk for a hearing concerning such classification no later than seven days after
impoundment. Such petition shall include the name and address, including mailing address of the petitioner.
The City Clerk will then issue a notice of hearing date by mailing a copy to the petitioner’s address no later
than ten days prior to the date of the hearing. When no written request from the owner for a hearing is
received by the City Clerk within seven days of impoundment, the dog shall be humanely destroyed.
The hearing, if any, will be held before the Mayor and City Council of the City of Oshkosh, Nebraska.
The owner of the dog shall bear the burden of proof. Any facts that the petitioner wishes to be
considered shall be submitted under oath or affirmation, either in writing or orally at the hearing. The
Mayor and City Council shall make a final determination as to whether the dog is dangerous as herein defined Such final determination shall be considered a final order of the City.
If the dog is found to be dangerous, it shall be humanely destroyed, unless the owner produces
evidence deemedsufficient by the City Clerk that the dog is to be permanently taken out of the City
of Oshkosh, Nebraska, and the owner pays for the cost of impoundment. If the dog is found not to
be dangerous, the dog shall be released to the owner.
The procedures in this subsection shall not apply, and the owner is not entitled to such a
Hearing with respect to any dog that was impounded as the immediate result of an attack or bite.
In those instances, the dog shall be impounded and thereafter shall be humanely destroyed.
This ordinance shall take effect and be in full force from and after its passage, approval, and
publication as required by law.
_____________________________
James R. Levick, Mayor
ATTEST:
__________________________________
LeAnn Brown, City Clerk
Brandon Namuth sent a request to initiate an Annual Jeannie Nelson 4thof July Baseball Tournament. Namuth also requested to rename the baseball park “The Jeannie Nelson Ballpark”. Motion by Piva,
seconded by Assmann, to allow Namuth to hold an Annual Jeannie Nelson 4thof July Tournament on
the condition that the City has hired a Program Director for the summer baseball/softball season. Since the ballpark has already been named the Bob Henke Baseball Park the name will remain the same.
Motion carried unanimously.
Motion made by Davis, seconded by DeCock, to approve a building permit for Chad Dormann. Motion carried unanimously.
Motion by Assmann, seconded by Davis, to adjourn the meeting at 8:58 p.m. Motion carried unanimously.
______________________________________
James R. Levick, Mayor
ATTEST:
______________________________
LeAnn Brown, City Clerk