CITY OF OSKOSH CITY COUNCIL MINUTES 9/12/19
The City of Oshkosh Mayor and City Council met for regular session on September 12, 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: Gary DeCock, Sarena Assmann, and Mike Piva. Absent: Terry Davis. Also attending: Attorney, Mary Kay Robinson-Boone, Administrator, Bill Campbell, 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 Assmann, seconded by DeCock, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by DeCock, seconded by Piva, to approve the following bills. Motion carried unanimously. Salaries-16,652.86, IRS-4,600.06, NE Dept. of Revenue-444.88, ABC Abatement-39,675.00, Ameriprise Financial-1,601.00, Bank of America-6,389.83, Black Hills Energy-178.80, Blue Cross Blue Shield-7,776.13, Bytes-64.00, Bill Campbell-1,200.00, CenturyLink-181.18, Cooper Construction-30,000.00, Construction Rental-1,919.33, Eagle Auto Supply-27.59, Kyle Fornander-169.00, Garden Co. News-99.48, Garden Co. Treasurer-23,197.50, Ideal Linen-504.00, Island Truck Parts-2,273.80, J & M Roofing-51,950.00, Jordan’s-761.40, LARM-32,982.72, League of Municipalities-1,575.00, Dana Martinez-63.31, Moffat Land Co.-400.00, NE Clerks Assoc.-35.00, NPPD-4,137.33, Northwest Pipe Fittings-1,842.14, Office Service-32.50, Oshkosh ACE Hardware-122.39, Oshkosh Library-3,200.00, Oshkosh Post Master-212.50, Oshkosh Superette-139.84, Scotty Ray-750.00, Rec Supply-53.19, Mary Kay Robinson-Boone-1,445.00, Satellite Solutions-1,992.00, Sedgwick Co. Sales-3,424.48, Southwestern Equip.-100.38, Utilities Section-511.00, Valley Tire-2,859.10, Wagon Wheel Vet-37.50, Wheat Belt PPD-1,512.52, Whiskeyboard Costruction-110.00, WRG-172.00
OLD BUSINESS:
The Health Board report was gone over. Certified letters will be sent to code violators.
Motion by Piva, seconded by DeCock, to approve Resolution 21-19. Motion carried unanimously.
RESOLUTION NO. 21-19
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 3-2.18 the Mayor and City Council hereby revise and set the rates for trash service provided by the City of Oshkosh.
Section 2. That there are within the City of Oshkosh businesses that do not have a store front and are not charged for their business trash service.
Section 3. That effective October 1, 2019, a fee of $15.00 per month shall be charged to contractors, carpenters, plumbers, electricians and other occupations that generate and dispose of trash, wood, metal, or other recyclables, in addition to their residential service fee.
______________________________
James R. Levick, Mayor
ATTEST:
______________________________________
LeAnn Brown, City Clerk
NEW BUSINESS:
Sheriff Quinn handed out the Sheriff’s Report and was it reviewed by Mayor and Council.
Mayor Levick opened the Budget Hearing at 7:33 p.m. No persons appeared in favor or against said budget. Mayor Levick closed the Hearing at 7:36 p.m.
Motion by DeCock, seconded by Assmann, to approve the 2019-2020 budget. Motion carried unanimously.
Motion by Assmann, seconded by DeCock, to approve Resolution No. 22-19. Motion carried unanimously.
RESOLUTION NO. 22-19
WHEREAS, Nebraska Revised Statute Section 77-1601.02 provides that the property tax requested for the prior year shall be the property tax requested for the current year for purposes of the levy set by the County Board of Equalization unless the Governing Body of the City of Oshkosh passed by a majority vote a resolution or ordinance setting the tax request at a different amount; and:
WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request; and
NOW THEREFORE, the Governing Body of the City of Oshkosh, Nebraska, by majority vote, resolves that:
Passed and approved this 12th day of September, 2019.
______________________________
James R. Levick, Mayor
ATTEST:
_________________________________
LeAnn Brown, City Clerk
Mayor Levick opened the Levy Hearing at 7:38 p.m. No persons appeared to speak in favor or against the proposed levy. Mayor Levick closed the hearing at 7:40 p.m. Motion by Piva, seconded by DeCock, to approve the levy be set different from last year. Motion carried unanimously.
Animal Control Officer, Scotty Ray handed out his report and it was review by the Mayor and Council. A discussed was had on the City kenneling cats and dogs. No action was taken.
Debra Condra came before the Mayor and Council to request more handicap parking made for the Senior Center. After much discussion, no action was taken. It was noted that there are two handicap accessibility parking places on the south side of the Thrift Store and one in front of Campbell Drug. The City will grind down any cement that is raised more than the other around it.
A lengthy discussion was held on Garden County residents that are unlawfully using a trash dumpster that is picked up by the City of Oshkosh that they do not pay for. New signage will be posted at the Trash/Recycling Shop warning of residents that they will be charged with theft of service if they are using the trash service without paying for it. The City will prosecute all violators.
Motion by Piva, seconded by Assmann, to charge Doug Gregg’s building a residential rate instead of a commercial rate. Motion carried unanimously.
A motion was made by Piva, seconded by DeCock, to approve the Planning Commission’s recommendation to change the zoning ordinance to 48 hours that a recreational vehicle may park on the city streets, so it is the same as the existing city code book hours. Motion carried unanimously. No action taken on the recommendation to modify the zoning regulation to allow unlimited time for recreational equipment on private property.
DeCock made a motion to approve a building permit for Joe Quinn. Assmann seconded the motion. Motion carried unanimously.
A motion by DeCock, seconded by Piva, to approve Resolution No. 23-19. Motion carried unanimously.
RESOLUTION NO. 23-19
MUNICIPAL ANNUAL CERTIFICATION OF PROGRAM COMPLIANCE FORM
WHEREAS: State of Nebraska Statutes, sections 39-2115, 39-2119, 39-2120, 39-2121, and 39-2520(2), requires an annual certification of program compliance to the Nebraska Board of Public Roads Classifications and Standards; and
WHEREAS: State of Nebraska Statute, section 39-2120 also requires that the annual verification of program compliance by each municipality shall be signed by the Mayor and shall include a copy of a resolution of governing body of the municipality authorizing the signing of the certificate form.
BE IT RESOLVED that the Mayor of the City of Oshkosh, is hereby authorized to sign the attached Municipal Annual Certification Program Compliance form.
Adopted this 12th day of September, 2019, at Oshkosh, Nebraska.
______________________________
James R. Levick, Mayor
ATTEST:
________________________________
LeAnn Brown, City Clerk
Motion by Assmann, seconded by DeCock, to adjourn the meeting at 9:14 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, Council Members: Gary DeCock, Sarena Assmann, and Mike Piva. Absent: Terry Davis. Also attending: Attorney, Mary Kay Robinson-Boone, Administrator, Bill Campbell, 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 Assmann, seconded by DeCock, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by DeCock, seconded by Piva, to approve the following bills. Motion carried unanimously. Salaries-16,652.86, IRS-4,600.06, NE Dept. of Revenue-444.88, ABC Abatement-39,675.00, Ameriprise Financial-1,601.00, Bank of America-6,389.83, Black Hills Energy-178.80, Blue Cross Blue Shield-7,776.13, Bytes-64.00, Bill Campbell-1,200.00, CenturyLink-181.18, Cooper Construction-30,000.00, Construction Rental-1,919.33, Eagle Auto Supply-27.59, Kyle Fornander-169.00, Garden Co. News-99.48, Garden Co. Treasurer-23,197.50, Ideal Linen-504.00, Island Truck Parts-2,273.80, J & M Roofing-51,950.00, Jordan’s-761.40, LARM-32,982.72, League of Municipalities-1,575.00, Dana Martinez-63.31, Moffat Land Co.-400.00, NE Clerks Assoc.-35.00, NPPD-4,137.33, Northwest Pipe Fittings-1,842.14, Office Service-32.50, Oshkosh ACE Hardware-122.39, Oshkosh Library-3,200.00, Oshkosh Post Master-212.50, Oshkosh Superette-139.84, Scotty Ray-750.00, Rec Supply-53.19, Mary Kay Robinson-Boone-1,445.00, Satellite Solutions-1,992.00, Sedgwick Co. Sales-3,424.48, Southwestern Equip.-100.38, Utilities Section-511.00, Valley Tire-2,859.10, Wagon Wheel Vet-37.50, Wheat Belt PPD-1,512.52, Whiskeyboard Costruction-110.00, WRG-172.00
OLD BUSINESS:
The Health Board report was gone over. Certified letters will be sent to code violators.
Motion by Piva, seconded by DeCock, to approve Resolution 21-19. Motion carried unanimously.
RESOLUTION NO. 21-19
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 3-2.18 the Mayor and City Council hereby revise and set the rates for trash service provided by the City of Oshkosh.
Section 2. That there are within the City of Oshkosh businesses that do not have a store front and are not charged for their business trash service.
Section 3. That effective October 1, 2019, a fee of $15.00 per month shall be charged to contractors, carpenters, plumbers, electricians and other occupations that generate and dispose of trash, wood, metal, or other recyclables, in addition to their residential service fee.
______________________________
James R. Levick, Mayor
ATTEST:
______________________________________
LeAnn Brown, City Clerk
NEW BUSINESS:
Sheriff Quinn handed out the Sheriff’s Report and was it reviewed by Mayor and Council.
Mayor Levick opened the Budget Hearing at 7:33 p.m. No persons appeared in favor or against said budget. Mayor Levick closed the Hearing at 7:36 p.m.
Motion by DeCock, seconded by Assmann, to approve the 2019-2020 budget. Motion carried unanimously.
Motion by Assmann, seconded by DeCock, to approve Resolution No. 22-19. Motion carried unanimously.
RESOLUTION NO. 22-19
WHEREAS, Nebraska Revised Statute Section 77-1601.02 provides that the property tax requested for the prior year shall be the property tax requested for the current year for purposes of the levy set by the County Board of Equalization unless the Governing Body of the City of Oshkosh passed by a majority vote a resolution or ordinance setting the tax request at a different amount; and:
WHEREAS, a special public hearing was held as required by law to hear and consider comments concerning the property tax request; and
NOW THEREFORE, the Governing Body of the City of Oshkosh, Nebraska, by majority vote, resolves that:
- The 2019-2020 property tax request be set at $112,306.52, or $0.369785 per one hundred dollars of actual valuation; General Fund amount of $57,552.52 and Bond Fund amount of $54,754.00.
- The total assessed value of the property differs from last year’s total assessed value by an increase of 7.433%.
- The tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be $.3567 per $100 of assessed value.
- The City of Oshkosh proposes to adopt a property tax request that will cause its tax rate to be $.3698 per $100 of assessed value.
- Based on the proposed property tax request and change in other revenue, the total operation budget of the City of Oshkosh will exceed last years by 5.101%.
- A copy of this resolution be certified and forwarded to the County Clerk prior to October 13, 2019.
Passed and approved this 12th day of September, 2019.
______________________________
James R. Levick, Mayor
ATTEST:
_________________________________
LeAnn Brown, City Clerk
Mayor Levick opened the Levy Hearing at 7:38 p.m. No persons appeared to speak in favor or against the proposed levy. Mayor Levick closed the hearing at 7:40 p.m. Motion by Piva, seconded by DeCock, to approve the levy be set different from last year. Motion carried unanimously.
Animal Control Officer, Scotty Ray handed out his report and it was review by the Mayor and Council. A discussed was had on the City kenneling cats and dogs. No action was taken.
Debra Condra came before the Mayor and Council to request more handicap parking made for the Senior Center. After much discussion, no action was taken. It was noted that there are two handicap accessibility parking places on the south side of the Thrift Store and one in front of Campbell Drug. The City will grind down any cement that is raised more than the other around it.
A lengthy discussion was held on Garden County residents that are unlawfully using a trash dumpster that is picked up by the City of Oshkosh that they do not pay for. New signage will be posted at the Trash/Recycling Shop warning of residents that they will be charged with theft of service if they are using the trash service without paying for it. The City will prosecute all violators.
Motion by Piva, seconded by Assmann, to charge Doug Gregg’s building a residential rate instead of a commercial rate. Motion carried unanimously.
A motion was made by Piva, seconded by DeCock, to approve the Planning Commission’s recommendation to change the zoning ordinance to 48 hours that a recreational vehicle may park on the city streets, so it is the same as the existing city code book hours. Motion carried unanimously. No action taken on the recommendation to modify the zoning regulation to allow unlimited time for recreational equipment on private property.
DeCock made a motion to approve a building permit for Joe Quinn. Assmann seconded the motion. Motion carried unanimously.
A motion by DeCock, seconded by Piva, to approve Resolution No. 23-19. Motion carried unanimously.
RESOLUTION NO. 23-19
MUNICIPAL ANNUAL CERTIFICATION OF PROGRAM COMPLIANCE FORM
WHEREAS: State of Nebraska Statutes, sections 39-2115, 39-2119, 39-2120, 39-2121, and 39-2520(2), requires an annual certification of program compliance to the Nebraska Board of Public Roads Classifications and Standards; and
WHEREAS: State of Nebraska Statute, section 39-2120 also requires that the annual verification of program compliance by each municipality shall be signed by the Mayor and shall include a copy of a resolution of governing body of the municipality authorizing the signing of the certificate form.
BE IT RESOLVED that the Mayor of the City of Oshkosh, is hereby authorized to sign the attached Municipal Annual Certification Program Compliance form.
Adopted this 12th day of September, 2019, at Oshkosh, Nebraska.
______________________________
James R. Levick, Mayor
ATTEST:
________________________________
LeAnn Brown, City Clerk
Motion by Assmann, seconded by DeCock, to adjourn the meeting at 9:14 p.m. Motion carried unanimously.
______________________________
James R. Levick, Mayor
ATTEST:
_________________________________
LeAnn Brown, City Clerk