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  • Minutes-2023-1

City of Oshkosh - Minutes November 14, 2019

​The City of Oshkosh Mayor and City Council met for regular session on November 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, Council Members:  Sarena Assmann, Terry Davis, and Mike Piva.  Absent:  Gary DeCock.  Also attending:  Administrator, Bill Campbell, Attorney, Mary Kay Robinson-Boone, and Clerk, LeAnn Brown.
 
Motion made by Piva, seconded by DeCock, to approve the agenda, approve the minutes of the previous meetings and to waive the reading thereof.  Motion carried unanimously. 
 
Motion by Davis, seconded by Assmann, to approve the Treasurer’s Report.  Motion carried unanimously.
 
A motion by Assmann, seconded by Piva, to approve the following bills.  Motion carried unanimously. Salaries-15,258.59, IRS-4,443.44, NE Dept. of Revenue-3,400.74, Ameriprise Financial-1,701.00, Black Hills Energy-237.63, Blue Cross Blue Shield-7,776.13, Bytes-64.00, Central Dist. Health Dept.-49.50, CenturyLink-160.06, Dept. of Public Health-230.00, Eagle Auto Supply-286.80, Floyd’s Truck Center-162,310.84, Kyle Fornander-209.50, Garden Co. News-130.57, Garden Co. Sheriff-92.50, Heartland Lumber-9.18, Jordan’s-3,382.53, LARM-456.74, Nationwide-286.42, NPPD-2,691.71, Northwest Pipe Fittings-1,035.71, Oshkosh ACE Hardware-265.45, Oshkosh Library-500.00, Oshkosh Superette-15.62,  Scotty Ray-750.00, Mary Kay Robinson-Boone-340.00, Sedgwick Co. Sales-3,144.66, Southwestern Equip. Co.-93.64, Tool House Small Engine Repair-24.00, Valley Tire-2,213.87, Kelsey Vincent-70.47, Wheat PPD-1,246.93
 
OLD BUSINESS:
The Health Board report was gone over.  
 
NEW BUSINESS:
Sheriff Quinn handed out the Sheriff’s Report for October and was reviewed by the Mayor and Council.  Deputy Dean was also in attendance.
 
Animal Control Officer, Scotty Ray presented his report to the Mayor and Council.
 
A motion made by Davis, seconded by Assmann, to allow Jami VonRuden at 217 West Ave I, to harbor five dogs with the condition that if and when a dog succumbs the animal is not replaced with another dog, and if puppies are born, they are adopted out within 90 days.  Motion carried unanimously.
 
A motion by Assmann, seconded by Piva, to approve a Special Designated Liquor License Application for Regional West Garden County Foundation for a benefit on February 22, 2020, at the City Auditorium.  Voting Yea:  Assmann and Piva.  Abstained:  Davis.  Motion carried.
 
A motion made by Davis, seconded by Piva, to apply for a Water/Wastewater Community Block Grant from the Nebraska Department of Economic Development.  Motion carried unanimously.
 
Motion by Piva, seconded by Assmann to approve Building Permits for Garden County, Jon Krajewski and Starla Snider.  Motion carried unanimously.
 
A motion made by Piva, seconded by Davis, to write off account #2178 in the amount of $169.70.
Motion carried unanimously.
 
Motion by Piva, seconded by Assmann, to approve Mayor Levick’s appointment of Victor William Campbell Jr., as the City Street Superintendent.  Motion carried unanimously.
 
 
 
Motion made by Assmann, seconded by Davis, to approve Resolution No. 26-19.  Voting Yea:  Assmann, Davis, and Piva.  Absent:  DeCock.  Motion carried unanimously.
 
 
RESOLUTION No. 26-19
 
SIGNING OF THE YEAR-END CERTIFICATION OF CITY STREET SUPERINTENDENT FORM 2019
 
Whereas:  State of Nebraska Statutes, sections 39-2302, and 39-2511 through 39-2515 details the requirements that must be met in order for a municipality to qualify for an annual Incentive Payment;
 
Whereas:  The State of Nebraska Department of Transportation (NDOT) requires that each incorporated municipality must annually certify (by December 31st of each yea) the appointment of the City Street Superintendent to the NDOT using the Year-End Certification of City Street Superintendent form;
 
Whereas:  The NDOT requires that such certification shall also include a copy of the meeting minutes showing the appointment of the City Street Superintendent by their name as it appears on their License (if applicable), their License Number and Class of License (f applicable), and type of appointment, i.e., employed, contract (consultant, or interlocal agreement with another incorporated municipality and/or county), and the beginning date of the appointment; and
 
Whereas:  The NDOT also requires that such Year-End Certification of City Street Superintendent form shall be signed by the Mayor or Village Board Chairman and shall include a copy of a resolution of the governing body authorizing the signing of the Year-End Certification of City Street Superintendent form by the Mayor or Village Board Chairman.
 
Be it resolved that the Mayor of the City of Oshkosh is hereby authorized to sign the attached Year-End Certification of City Street Superintendent. Form.
 
Adopted this 14th day of November, 2019, at Oshkosh, Nebraska.  Resolution No. 26-19 adopted, signed and billed as adopted.
 
                                                                                                            ______________________________
                                                                                                            James R. Levick, Mayor
 
ATTEST:
 
_____________________________
LeAnn Brown, City Clerk
 
RESOLUTION NO 27-19
 
MUNICIPAL ANNUAL CERTIFICATION OF PROGRAM COMPLIANCE TO NEBRASKA BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS 2019
 
In compliance with the provisions of the State of Nebraska Statutes, sections 39-2115, 39-2119, 39-2120, 39-2121, and 39-2520(2), requiring annual certification of program compliance to the Board of Public Roads Classifications and Standards, the City of Oshkosh hereby certifies that it:
 
            -has developed, adopted, and included in its public records the plans, programs, or standards 
             required by sections 39-2115 and 39-2119;
 
            -meets the plans, programs, or standards of design, construction, and maintenance for its highways,
             roads, or streets;
 
            -expands all tax revenue for highway, road, or street purposes in accordance with approved plans,
             programs, or standards, including county and municipal tax revenue as well as highway-user
             revenue allocations;
 
            -uses a system of revenue and costs accounting which clearly includes a comparison of receipts
             and expenditures for approved budgets, plans, programs, and standards;
 
            -uses a system of budgeting which reflects uses and sources of funds in terms or plans, programs, or standards and accomplishments;
 
-uses an accounting system including an inventory of machinery, equipment, and supplies;
 
-has included in its public records the information required under subsection (2) of section 
 39-2520; and
 
-has attached to this certification, a copy of the resolution of the governing body authorizing 
 the signing of this certification by the Mayor or Village Board Chairperson.
 
                                                                                    ______________________________
                                                                                    James R. Levick, Mayor
 
                                                                                    ______________________________
                                                                                    Date
 
A motion made by Davis, seconded by Piva, to approve the Year-End Certification of City Street Superintendent for Determining Incentive Payment January 1, 2019 to December 31, 2019, certifying that Victor William Campbell Jr., License Number S-1179 Class B was the appointed City Street Superintendent of the City of Oshkosh from January 1, 2019 to December 31, 2019 and actually performed all of the following duties:
 
  1.  Developing and annually updating a long-range plan based on needs and coordinated with 
       adjacent local governmental units;
  1.   Developing an annual program for design, construction, and maintenance.
  2.   Developing an annual budget based on programmed projects and activities;
  3.   Submitting such plans, programs, and budgets to the local governing body for approval; 
   and 
  1.    Implementing the capital improvements and maintenance activities provided in the 
   approved plans, programs, and budgets.
 
       And further certifies that the superintending services of the above listed individual were 
       Provided by:  Employment with this Municipality.
 
                                                                                                ______________________________
                                                                                                James R. Levick, Mayor
 
ATTEST:
 
________________________________
LeAnn Brown, City Clerk
 
Motion by Piva, seconded by Assmann, to approve Resolution No. 28-19.  Motion carried unanimously.
 
RESOLUTION NO. 28-19
 
RESOLUTION FOR “PARTICIPATING MEMBERS” OF LARRM TO RATIFY THE ELECTIONS OF MEMBERS OF THE LARM BOARD OF DIRECTORS
 
WHEREAS, the City of Oshkosh is a “participating member” of the League Association of Risk Management (“LARM”); and
 
WHEREAS, the Interlocal Agreement that formed and continues to govern LARM provides in 8.1.4.2 that “Each participating member may cast one vote for each of the open Board positions.”, and
 
WHEREAS, the following 15 individuals were elected by LARM members at a Members Meeting 
on March 21, 2018, which terms commenced effective January 1, 2018;
 
            NAME                           TERM                            MEMBER
 
            Mayor Doug Hanson              3                                              Hickman
            James (Jim) Hawks                  3                                              North Platte
            Melissa Harrell                        3                                              Wahoo
            Jo Leyland                               3                                              Imperial          
            Lanette Doane                         3                                              Ansley
 
            Nathan Johnson                      2                                              Scottsbluff
            Mayor Scott Getzschman        2                                              Fremont
            Teresa Barlett                          2                                              Beaver City
            Mayor Josh Moenning            2                                              Norfolk
            LeAnn Brown                         2                                              Oshkosh
 
            Tom Ourada                           1                                              Crete
            Sandra Schendt                       1                                              Nelson
            Mayor Deb Van Matre            1                                              Gibbon
            Douglas Schultz                       1                                              Curtis
            Pamela Buethe                        1                                              Sarpy SID #29
 
WHEREAS, at a LARM Members Meeting on September 19, 2018, the five individuals listed
Above who were initially elected to one-year terms – Tom Ourada, Sandra Schendt, Mayor Deb Van Matre, Douglas Schultz, and Pamela Buethe – were elected to three-year terms commencing 
effective January 1, 2019.
 
WHEREAS, at a LARM Members Meeting on September 18, 2019, the five individuals listed above who were initially elected to two-years terms – Nathan Johnson, Mayor Scott Getzschman, Teresa Barlett (now Teresa Youngquist), Mayor Josh Moenning, and LeAnn Brown – were re-elected to three-year terms commencing effective January 1, 2020.
 
WHEREAS, the remaining five individuals listed above who were initially elected to three-year terms – Mayor Doug Hanson, James (Jim) Hawks, Melissa Harrell, Jo Leyland, and Lanette Doane – continue to serve on the LARM Board of Directors, and their terms will expire on December 31, 2020, unless they are re-elected to a second term at a LARM Members Meeting to take place in 2020.
 
WHEREAS, in order to avoid any doubt as to is assent to the election and re-election of the members of the LARM Board of Directors as stated above, the City of Oshkosh wishes to ratify the election and re-election of the LARM Board of Directors.
 
NOW, THEREFORE, BE IT RESOLVED that the City of Oshkosh hereby ratifies and confirms its assent to the election and re-election of the LARM Board of Directors as stated above.
 
                                                                                                ______________________________
                                                                                                James R. Levick
 
ATTEST:
 
_______________________________
LeAnn Brown, City Clerk
 
Motion made by Davis, seconded by Assmann, to approve Resolution No. 29-30.  Motion carried unanimously.
 
RESOLUTION NO. 29-19
 
A RESOLUTION AMENDING RESOLUTION NO. 25-19 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.    
 
LAURA MARTINEZ-CALDERA      BLK 3, LOT 4, MALOYS 1ST ADDITION                $900.00
350002398
 
CHARLES T. HALL TRUSTEE       BLK 9, LOTS 3 & 4, AUGUSUT SUDMAN ADD.       $600.00
350001502
 
CHARLES T. HALL TRUSTEE       BLK 11, LOT 18, AUGUST SUDMAN ADDITION     $900.00
350001782
 
JEANNIE BENDER  &                 LOTS 3, 4, 5, BLK 4, ORIGINAL TOWN                $700.00
FRANK WEISS
350000301
 
IDA CHRISTIANSEN                 BLK 4, LOTS 4, 5, & 6, AUGUST SUDMAN ADD.      $600.00
350000956
 
DAN JOHNSON                       E 165’ LOT 5, BLK 7, DUFFINS 2ND ADDITION        $700.00
350005869
 
SUSAN LUNDY                        LOTS 16, 17, 18 BLK. 7, BOTT HART ADDITION     $700.00
350003807
 
CHARLES T. HALL TRUSTEE        BLK 11, LOT 18, AUGUST SUDMAN ADDITION    $900.00
350001782
 
JACQUELINE TISON & 
GUSTAVO GODOY                    BLK 5, LOT 16, AUGUST SUDMAN ADDITION      $700.00
350001162
 
BRIAN FROST & AMY                 BLK 1, LOTS 26, 27, 28, HUWALDT ADDITION     $350.00
350005303
 
LEROY & KATHLEEN SHELDON  BLK 4, LOT 16, AUGUST SUDMAN ADDITION      $700.00
350001049
 
WILLIAM & KELLYANN STEKA      BLK 3, LOT 1, MALOYS 1ST ADDITION              $300.00
350002371
 
TERRY JESSEN                          PARTIAL BLK 1, LOTS 5 & 6, AUGUST SUDMAN   $700.00
350004277                                      NORTH ADDITION                                   
 
LONNIE PERKINS                       PARTIAL TAX LOT 23 25-17-44                       $350.00          
350006652
 
MARTIN SMITH                         BLK 1, LOT 7, AUGUST SUDMAN ADDITION      $300.00
350000808
 
NANCY SORENSEN-POORE            BLK 8, LOT 9, BOTT HART ADDITION             $300.00
350003890
 
ILENE VIAN & SUSIN PIKE             BLK 6, LOT 9, BOTT HART ADDITION             $350.00
350003688
         
Passed and approved November 14, 2019.
 
                                                                                                            ________________________
                                                                                                            James R. Levick, Mayor
ATTEST:
__________________________
LeAnn Brown, City Clerk
 
The Mayor and Council discussed having a policy regarding rental properties being inspected before city utilities can be turned on.  This will be an agenda item at the next regular meeting.
 
A motion by Assmann, seconded by Piva, to adjourn the meeting at 9:01 p.m.  Motion carried unanimously.
 
                                                                                                            ______________________________
                                                                                                            James  R. Levick, Mayor
 
ATTEST:
 
_____________________________
LeAnn Brown, City Clerk
            
 

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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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  • Minutes-2023-1