City of Oshkosh-Minutes-December
The City of Oshkosh Council met for regular session December 8, 2022, at 5:00 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 advertised in the Garden County News and posted at the Oshkosh Post Office, City Hall, Courthouse. The agenda for this meeting was kept current and available for inspection at City Hall.
Mayor Davis called the meeting to order and read the Open Meetings Act, LV 898.
Present: Terry Davis, Mayor and Council Members: Mike Piva, George Zoucha, Jaden Porter. Absent: Gary DeCock. Also attending: Administrator, Bill Campbell, Interim Administrator, Al LeClair, Attorney, Mary Kay Robinson-Boone, Clerk, LeAnn Brown, Deputy Clerk, James Bondegard.
Motion by Piva, seconded by Zoucha, to approve the consent agenda: minutes, claims, Treasurer’s Report. Motion carried unanimously.
Salaries-47,135.50, IRS-10,412.83-Taxes, NE Dept. of Revenue-1110.68-Taxes, Ameriprise Financial-2,888.40-Retirement, Bank of America-1689.79-Postage & Misc. Expenses, Black Hills-395.89-Heat, Blue Cross Blue Shield-12,449.43-Ins., Bytes-158.00-Backup & Support, Century Link-158.83-Phone, Garden Co. News-133.04-Publishing, Garden Co. Treas.-24,371.15-Police Contract, Panhandle Clerk’s Association-100.00-Dues, Westco-555.76-Oil #1, NPPD-2275.87- Electric, Oshkosh ACE-257.70-Supplies &, Panhandle Tech-99.99-Internet, Reliance Standard-518.16-Life/AD&D, Mary Kay Robinson-Boone-1200.00-Attorney Fees, Scott Smith-20.00-Reimburse Cell Phone, Jerry Smith-700.00-Animal Control, Valley Tire-852.46-Fuel, Viaero Wireless- 104.56-Cell Phones, Taylor Waltman-20.00-Reimburse Cell Phone, Waste Connections-11,739.00-Trash Contract, , Wheat Belt-1463.96-Electricity, Eagle Auto-273.52-Repair, Jordan’s AG & Auto Repair-133.94-Repair, Enviro Services-25-Water Testing, Municipal Supply-3270-Agreement, NE Municipal Clerk’s Association- 50-Dues, Jerry Smith-700-Animal Control, NDEE-86,130.61-Water project PMT, NE State Bank-42,837.50-Pool Bond
OLD BUSINESS:
ARPA Funds: No change.
LeClair reported his findings on getting high-speed internet to Oshkosh.
Said Ordinance No. 370 now comes on for the third reading. The Mayor instructed the Clerk to read said Ordinance No 370 at large upon reading. The Clerk read said Ordinance No 3702 at large upon its third reading
AN ORDINANCE TO ALLOW THE SALE OF ALCOHOL TO REPEAL AND REPLACE EXISTING ORDINANCE PROHIBITING SALE OF ALCOHOL ON SUNDAYS; AND TO PROVIDE FOR AN EFFECTIVEDATE OF THIS ORDINANCE,
Motion by Piva, Second by Porter to approve Ordinance No.370 Sale of Alcohol on Sundays. Motion carried unanimously.
The full Ordinance is on file at City Hall for public reading.
Said Ordinance No. 372 now comes on for the third reading. The Mayor instructed the Clerk to read said Ordinance No 372 at large upon reading. The Clerk read said Ordinance No 372 at large upon its third reading
Motion by Piva, seconded by Zoucha, to approve Ordinance No. 372. Vacant property registration. Motion carried unanimously
CITY OF OSHKOSH
ORDINANCE NO. 372
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA TO PROVIDE FOR VACANT PROPERTY REGISTRATION WITHIN THE CITY LIMITS, ESTABLISH FEES, AND PROVIDE FOR APPEAL PURSUANT TO THE VACANT PROPERTY REGISTRATION ACT NRS 19-5401 AND PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
5-3-13 VACANT PROPERTY REGISTRATION
5-3-13.1 DEFINITIONS
As used in this article, unless the context otherwise requires, the following definitions shall apply:
5-3-13.2 APPLICABILITY AND ADMINISTRATION
a. This article shall apply to any type of either residential or commercial building or both, located within the corporate limits of the City of Oshkosh, except any property owned by the Federal government, the state of Nebraska, or any political subdivision thereof or any property specifically referenced in Section 5-3-13.4.
b. The City of Oshkosh shall maintain a data base of vacant property within the corporate limits of the City of Oshkosh, Nebraska. Said data base shall be maintained by the City Administrator of the City of Oshkosh.
5-3-13.3 VACANT PROPERTY REGISTRATION PROCEDURE AND FEES
5-3-13.5 INSPECTION
The City Administrator or his or her designee shall inspect the interior and exterior of the vacant property upon registration and at one-year intervals thereafter for so long as the property remains on the vacant property registration data base.
5-3-13.6 COLLECTION OF FEES
a. The City may enforce the collection of vacant property registration fees by civil action in any court of competent jurisdiction.
b. Unpaid vacant property registration fees and unpaid fines for any violation of this Article shall become a lien on the applicable property upon the recording of a notice of such lien in the office of the Garden County Recorder of Deeds. The lien created under this subsection shall be subordinate to all liens on the applicable property recorded prior to the time the notice of such lien under this subsection is recorded.
5-3-13.7 OTHER PROVISIONS
a. If vacant property changes ownership the subsequent owner or owners of the vacant property shall assume the obligations of the previous owner or owners.
b. Notice of any determination shall be sent by certified mail or personal service to the registered owner at the address maintained by Register of Deeds. If the owner or owners of any property subject to this article object to any determination made by the City or the City Administrator pursuant to this article, they may appeal said determination to the City Council by filing with the City Clerk, in writing, their reasons for objection within 10 days of receiving notice of such determination. The City Council shall set a hearing date within 30 days of filing of said objection.
c. If at any time vacant property that has been registered with the data base ceases to be classified as vacant or subsequently meets one of the exemptions the owner or owners shall notify the City Administrator who shall upon proof of such change in circumstances remove said property from the data base.
This ordinance shall be in full force and effect following approval by City Council and signed by Mayor. Passed, approved, and adopted on December 8, 2022.
NEW BUSINESS:
Deputy Dean handed out Sheriff’s report
Animal Control Report reviewed by City Council.
Bid proposal from Panhandle Solar for panels for City Hall. No action taken.
No action taken on Ordinance No 374. City Council would like time to review.
Motion by Piva, 2nd by Porter for Resolution No. 48-22 to appoint Al LeClair to Ace Board of Directors, James Bondegard as Alternate. Motion carried unanimously
Resolution No. 48-22
Appointment to ACE Board of Directors
WHEREAS, the City of Oshkosh, State of Nebraska, is a party to the Interlocal Agreement creating the Public Alliance for Community Energy and, pursuant to the terms of said Agreement, it is the responsibility of the City to designate a representative of the City of Oshkosh to the Public Alliance for Community Energy Board of Directors provided for under the terms of said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oshkosh, that:
This is to certify that the appointments set out above by the City Council of the City of Oshkosh, State of Nebraska, at their meeting on December 8, 2022
Motion by Zoucha, 2nd by Porter for Resolution NO. 49-22 Occupation tax changes. Motion carried unanimously.
RESOLUTION NO. 49-22
OCCUPATION TAX
WHEREAS, the Mayor and City Council have voted to set the following occupation taxes and their individual amounts; and
WHEREAS, all occupation taxes shall be due on or before September 1 of each year, or when beginning to do business within the City; and
WHEREAS, all occupation taxes will be paid to the City Clerk of the City of Oshkosh; and
BE IT RESOLVED by the Mayor and City Council of the City of Oshkosh, in the State of Nebraska that the list of the occupation tax and amount are as follows:
Alcoholic Beverage Retailers
Class A $200.00
Class B $200.00
Class C $500.00
Class D $400.00
Class I $500.00
Special $ 50.00
Skill games
Per year $ 10.00 per game
Auctioneer/Auctions
Per day $ 25.00
6 months $ 50.00
1 year $100.00
Concessions
Per day $ 50.00
Fruits, vegetables, or commodities from truck
Per year $ 50.00
Retail sellers of meat, goods, and wares
Sold from truck
30 days $ 50.00
Food Trucks
Per year $ 50.00
Wholesale dealers from vehicle, truck, telephone, or internet for resale
Per year $ 50.00
Gas fitter
Original registration $ 50.00
Renewal per year $ 25.00
Electrician
Original registration $ 50.00
Renewal per year $ 25.00
Plumber
Original registration $ 50.00
Renewal per year $ 25.00
Roofers
Per day $ 25.00
Per year $ 50.00
Itinerant Merchant
30 days $ 50.00
ADOPTED this 8th day of December, 2022.
Motion by Piva, 2nd by Zoucha to allow Keno at Wishing Well, LLC. Motion carried unanimously.
Motion by Zoucha, 2nd by Piva for Interlocal agreement with Garden County for speed trailer. Motion carried unanimously.
Request from Oshkosh Grain to have City help with demolition of building located at 211 E. Ave C. No action taken.
Motion by Piva, 2nd by Zoucha to renew contract with Nebraska DOT. Motion carried unanimously.
Sine die
RE-ORGANIZATIONAL MEETING:
Motion by Zoucha, 2nd by Porter to Elect Piva as Council President. Motion Carried. Abstained Piva.
Motion by Piva, 2nd by Zoucha to approve Mayor Davis’s appointments for 2023. Motion carried unanimously.
2023 APPOINTMENTS
Bank Depository Nebraska State Bank
Administrator/City Clerk/Treasurer Alfred LeClair
Deputy Clerk/Treasurer James Bondegard
Street Superintendent Class B,
License S-1746 James Bondegard
City Physician/Nurse Nicole Loomis
City Attorney Rory J Roundtree
Economic Dev. Advisory Administrator Alfred LeClair
Utility Superintendent Scott Smith
Motion by Piva, 2nd by Porter to approve City Treasurer and Deputy Treasurer to open new accounts, invest, & transfer funds for the City. Motion carried unanimously.
Motion by Porter, 2nd by Zoucha to adjourn meeting at 6:01PM. Motion carried unanimously.
Adopted this 8th day of December 2022, at Oshkosh, Nebraska.
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 advertised in the Garden County News and posted at the Oshkosh Post Office, City Hall, Courthouse. The agenda for this meeting was kept current and available for inspection at City Hall.
Mayor Davis called the meeting to order and read the Open Meetings Act, LV 898.
Present: Terry Davis, Mayor and Council Members: Mike Piva, George Zoucha, Jaden Porter. Absent: Gary DeCock. Also attending: Administrator, Bill Campbell, Interim Administrator, Al LeClair, Attorney, Mary Kay Robinson-Boone, Clerk, LeAnn Brown, Deputy Clerk, James Bondegard.
Motion by Piva, seconded by Zoucha, to approve the consent agenda: minutes, claims, Treasurer’s Report. Motion carried unanimously.
Salaries-47,135.50, IRS-10,412.83-Taxes, NE Dept. of Revenue-1110.68-Taxes, Ameriprise Financial-2,888.40-Retirement, Bank of America-1689.79-Postage & Misc. Expenses, Black Hills-395.89-Heat, Blue Cross Blue Shield-12,449.43-Ins., Bytes-158.00-Backup & Support, Century Link-158.83-Phone, Garden Co. News-133.04-Publishing, Garden Co. Treas.-24,371.15-Police Contract, Panhandle Clerk’s Association-100.00-Dues, Westco-555.76-Oil #1, NPPD-2275.87- Electric, Oshkosh ACE-257.70-Supplies &, Panhandle Tech-99.99-Internet, Reliance Standard-518.16-Life/AD&D, Mary Kay Robinson-Boone-1200.00-Attorney Fees, Scott Smith-20.00-Reimburse Cell Phone, Jerry Smith-700.00-Animal Control, Valley Tire-852.46-Fuel, Viaero Wireless- 104.56-Cell Phones, Taylor Waltman-20.00-Reimburse Cell Phone, Waste Connections-11,739.00-Trash Contract, , Wheat Belt-1463.96-Electricity, Eagle Auto-273.52-Repair, Jordan’s AG & Auto Repair-133.94-Repair, Enviro Services-25-Water Testing, Municipal Supply-3270-Agreement, NE Municipal Clerk’s Association- 50-Dues, Jerry Smith-700-Animal Control, NDEE-86,130.61-Water project PMT, NE State Bank-42,837.50-Pool Bond
OLD BUSINESS:
ARPA Funds: No change.
LeClair reported his findings on getting high-speed internet to Oshkosh.
Said Ordinance No. 370 now comes on for the third reading. The Mayor instructed the Clerk to read said Ordinance No 370 at large upon reading. The Clerk read said Ordinance No 3702 at large upon its third reading
AN ORDINANCE TO ALLOW THE SALE OF ALCOHOL TO REPEAL AND REPLACE EXISTING ORDINANCE PROHIBITING SALE OF ALCOHOL ON SUNDAYS; AND TO PROVIDE FOR AN EFFECTIVEDATE OF THIS ORDINANCE,
Motion by Piva, Second by Porter to approve Ordinance No.370 Sale of Alcohol on Sundays. Motion carried unanimously.
The full Ordinance is on file at City Hall for public reading.
Said Ordinance No. 372 now comes on for the third reading. The Mayor instructed the Clerk to read said Ordinance No 372 at large upon reading. The Clerk read said Ordinance No 372 at large upon its third reading
Motion by Piva, seconded by Zoucha, to approve Ordinance No. 372. Vacant property registration. Motion carried unanimously
CITY OF OSHKOSH
ORDINANCE NO. 372
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA TO PROVIDE FOR VACANT PROPERTY REGISTRATION WITHIN THE CITY LIMITS, ESTABLISH FEES, AND PROVIDE FOR APPEAL PURSUANT TO THE VACANT PROPERTY REGISTRATION ACT NRS 19-5401 AND PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
5-3-13 VACANT PROPERTY REGISTRATION
5-3-13.1 DEFINITIONS
As used in this article, unless the context otherwise requires, the following definitions shall apply:
- Evidence of vacancy shall mean any condition or circumstance that on its own or in combination with other conditions or circumstances would lead a reasonable person to believe that a residential building or commercial building is vacant. Such conditions or circumstances may include, but are not limited to:
- Overgrown or dead vegetation, including grass, shrubbery, and other plantings;
- An accumulation of abandoned personal property, trash, or other waste;
- Visible deterioration or lack of maintenance of any building or structure on the property;
- Any other condition or circumstance reasonably indicating that the property is not occupied for residential purposes or being used for the operation of a lawful business including but not limited to using building for storage purposes, no active utilities, etc.;
- Owner shall mean the person or persons shown to be the owner or owners of record on the records of the Garden County Register of Deeds;
- Residential building shall mean a house, condominium, townhouse, apartment unit or building, or a trailer house;
- Vacant shall mean that a residential building or commercial building exhibits evidence of vacancy.
5-3-13.2 APPLICABILITY AND ADMINISTRATION
a. This article shall apply to any type of either residential or commercial building or both, located within the corporate limits of the City of Oshkosh, except any property owned by the Federal government, the state of Nebraska, or any political subdivision thereof or any property specifically referenced in Section 5-3-13.4.
b. The City of Oshkosh shall maintain a data base of vacant property within the corporate limits of the City of Oshkosh, Nebraska. Said data base shall be maintained by the City Administrator of the City of Oshkosh.
5-3-13.3 VACANT PROPERTY REGISTRATION PROCEDURE AND FEES
- Owners of vacant property, as defined in this article, shall be required to register such property with the City Administrator if the property has been vacant for one hundred eighty days or longer. Registration shall require the completion of a vacant property registration form in either paper or electronic form including the following information:
- Name, street address, mailing address, telephone number, and, if applicable, the facsimile number, and email of the property owner or his or her agent;
- Street address and parcel identification number of the vacant property;
- Transfer date of the instrument conveying the property to the owner;
- Date on which the property became vacant;
- Owner plan of occupancy.
- Owners of vacant property shall be required to pay an initial registration fee one hundred eighty days after initial registration of the vacant property or three hundred and sixty days after the property becomes vacant, whichever is sooner. The initial registration fee for residential properties shall be $250.00. The initial registration fee for commercial properties shall be $1,000.00.
- Owners of vacant property shall be required to pay an additional supplemental fee each year for as long as the property remains on the vacant property registration data base. The supplemental fee shall be $500.00 every six months. The maximum supplemental fee charged shall not exceed ten times the times the initial registration fee amount. Registration fees may be refundable for the year preceding the date on which the property is no longer vacant.
- EXEMPTIONS
- Vacant property that is advertised in good faith for sale for not more than 125% of its assessed value unless owner can show comparable sales in excess of that amount, or for lease, advertised in at least two places using signage, social media, or newspaper;
- Used as a seasonal residence;
- Damaged by fire, weather, an act of God, or vandalism for a period not to exceed 6 months;
- Under construction or renovation for a period not to exceed 6 months;
- Where the owner is temporarily absent, but who has demonstrated his or her intent to return for a period not to exceed 6 months;
- Which is the subject of divorce, probate, or estate proceedings.
5-3-13.5 INSPECTION
The City Administrator or his or her designee shall inspect the interior and exterior of the vacant property upon registration and at one-year intervals thereafter for so long as the property remains on the vacant property registration data base.
5-3-13.6 COLLECTION OF FEES
a. The City may enforce the collection of vacant property registration fees by civil action in any court of competent jurisdiction.
b. Unpaid vacant property registration fees and unpaid fines for any violation of this Article shall become a lien on the applicable property upon the recording of a notice of such lien in the office of the Garden County Recorder of Deeds. The lien created under this subsection shall be subordinate to all liens on the applicable property recorded prior to the time the notice of such lien under this subsection is recorded.
5-3-13.7 OTHER PROVISIONS
a. If vacant property changes ownership the subsequent owner or owners of the vacant property shall assume the obligations of the previous owner or owners.
b. Notice of any determination shall be sent by certified mail or personal service to the registered owner at the address maintained by Register of Deeds. If the owner or owners of any property subject to this article object to any determination made by the City or the City Administrator pursuant to this article, they may appeal said determination to the City Council by filing with the City Clerk, in writing, their reasons for objection within 10 days of receiving notice of such determination. The City Council shall set a hearing date within 30 days of filing of said objection.
c. If at any time vacant property that has been registered with the data base ceases to be classified as vacant or subsequently meets one of the exemptions the owner or owners shall notify the City Administrator who shall upon proof of such change in circumstances remove said property from the data base.
This ordinance shall be in full force and effect following approval by City Council and signed by Mayor. Passed, approved, and adopted on December 8, 2022.
NEW BUSINESS:
Deputy Dean handed out Sheriff’s report
Animal Control Report reviewed by City Council.
Bid proposal from Panhandle Solar for panels for City Hall. No action taken.
No action taken on Ordinance No 374. City Council would like time to review.
Motion by Piva, 2nd by Porter for Resolution No. 48-22 to appoint Al LeClair to Ace Board of Directors, James Bondegard as Alternate. Motion carried unanimously
Resolution No. 48-22
Appointment to ACE Board of Directors
WHEREAS, the City of Oshkosh, State of Nebraska, is a party to the Interlocal Agreement creating the Public Alliance for Community Energy and, pursuant to the terms of said Agreement, it is the responsibility of the City to designate a representative of the City of Oshkosh to the Public Alliance for Community Energy Board of Directors provided for under the terms of said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oshkosh, that:
- The City clerk is hereby directed to give written notice to the Public Alliance for Community Energy of the appointment of Al LeClair as the City’s representative to said Board of Directors.
- The City Clerk is hereby directed to give written notice to the Public Alliance for Community Energy of the appointment of James Bondegard as the City’s Alternate representative to said Board of Directors.
This is to certify that the appointments set out above by the City Council of the City of Oshkosh, State of Nebraska, at their meeting on December 8, 2022
Motion by Zoucha, 2nd by Porter for Resolution NO. 49-22 Occupation tax changes. Motion carried unanimously.
RESOLUTION NO. 49-22
OCCUPATION TAX
WHEREAS, the Mayor and City Council have voted to set the following occupation taxes and their individual amounts; and
WHEREAS, all occupation taxes shall be due on or before September 1 of each year, or when beginning to do business within the City; and
WHEREAS, all occupation taxes will be paid to the City Clerk of the City of Oshkosh; and
BE IT RESOLVED by the Mayor and City Council of the City of Oshkosh, in the State of Nebraska that the list of the occupation tax and amount are as follows:
Alcoholic Beverage Retailers
Class A $200.00
Class B $200.00
Class C $500.00
Class D $400.00
Class I $500.00
Special $ 50.00
Skill games
Per year $ 10.00 per game
Auctioneer/Auctions
Per day $ 25.00
6 months $ 50.00
1 year $100.00
Concessions
Per day $ 50.00
Fruits, vegetables, or commodities from truck
Per year $ 50.00
Retail sellers of meat, goods, and wares
Sold from truck
30 days $ 50.00
Food Trucks
Per year $ 50.00
Wholesale dealers from vehicle, truck, telephone, or internet for resale
Per year $ 50.00
Gas fitter
Original registration $ 50.00
Renewal per year $ 25.00
Electrician
Original registration $ 50.00
Renewal per year $ 25.00
Plumber
Original registration $ 50.00
Renewal per year $ 25.00
Roofers
Per day $ 25.00
Per year $ 50.00
Itinerant Merchant
30 days $ 50.00
ADOPTED this 8th day of December, 2022.
Motion by Piva, 2nd by Zoucha to allow Keno at Wishing Well, LLC. Motion carried unanimously.
Motion by Zoucha, 2nd by Piva for Interlocal agreement with Garden County for speed trailer. Motion carried unanimously.
Request from Oshkosh Grain to have City help with demolition of building located at 211 E. Ave C. No action taken.
Motion by Piva, 2nd by Zoucha to renew contract with Nebraska DOT. Motion carried unanimously.
Sine die
RE-ORGANIZATIONAL MEETING:
Motion by Zoucha, 2nd by Porter to Elect Piva as Council President. Motion Carried. Abstained Piva.
Motion by Piva, 2nd by Zoucha to approve Mayor Davis’s appointments for 2023. Motion carried unanimously.
2023 APPOINTMENTS
Bank Depository Nebraska State Bank
Administrator/City Clerk/Treasurer Alfred LeClair
Deputy Clerk/Treasurer James Bondegard
Street Superintendent Class B,
License S-1746 James Bondegard
City Physician/Nurse Nicole Loomis
City Attorney Rory J Roundtree
Economic Dev. Advisory Administrator Alfred LeClair
Utility Superintendent Scott Smith
Motion by Piva, 2nd by Porter to approve City Treasurer and Deputy Treasurer to open new accounts, invest, & transfer funds for the City. Motion carried unanimously.
Motion by Porter, 2nd by Zoucha to adjourn meeting at 6:01PM. Motion carried unanimously.
Adopted this 8th day of December 2022, at Oshkosh, Nebraska.