City of Oshkosh-Minutes-July 2023
The City of Oshkosh Council met for regular session July 13, 2023, 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 and Courthouse. The agenda for this meeting was kept current and available for inspection at City Hall.
President of the Council Piva called the meeting to order and read the Open Meetings Act, LV 898.
Present: Council Members: Gary DeCock, Mike Piva, George Zoucha, Jaden Porter. Absent: Terry Davis. Also attending: City Administrator James Bondegard, Deputy Clerk Kim Martin, City Attorney, Rory Roundtree, Sheriff Deputy Kyle Fornander, Erica Busch representing WCNDD, Debra Condra. Tony Martinez, Kathy Wellman & Brad Howell.
Motion by Zoucha seconded by Porter, to approve the consent agenda: agenda, minutes, claims, Treasurer’s Report. Motion carried unanimously.
Salaries-29,422.40, IRS-6,632.05-Taxes, NE Dept. of Revenue-622.75-Taxes, Ameriprise Financial-1,528.60-Retirement, Bank of America-854.50-Postage & Supplies, Black Hills-179.77-Heat, Blue Cross Blue Shield-10,032.18-Insurance, James Bondegard-416.58-Reimbursement, Bytes-153.50-Backup & Support, C-Weed Management-225.30-Weed Control, Century Link-205.91-Phone, Eagle Auto-22.95-Parts, Eakes-54.96-Supplies, Enviro Services-25-Water Testing, Garden County News-134.29-Publishing, Heartland Lumber-190.33-Supplies, Austin Krejdl-119.68-Refund, Kurtzers-174.47-Parts, Marriott Hotel-238.00-Conference, Moe’s Heating-202.00-Repairs, Mutual of Omaha-79.03-Life Insurance, Nate Loyd-1,150.00-Reimbursement, Neb Water Resources.-105 Membership Renewal, NPPD-2,955.45-Electricity, Debora Nunes-40.00-Reimbursment,Office Services-22.01-Supplies, One Call Concepts-20.22-Locates, Roger Ormiston-300.00-Baseball Announcing, Oshkosh ACE-458.93-Supplies, Oshkosh Library-1,500.00- Books, Oshkosh Superette-3,315.54- Concession Supplies, Panhandle Tech-99.99-Internet, PepsiCo-3,110.49-Concession Supplies, Plummer Insurance-100.00-Bond Issuance, Rory Roundtree-892.80-Attorney Fees, Jerry Smith-700.00-Animal Control, Scott Smith-28.00-Reimbursement, US Foods 3,487.50- Concessions, Valley Tire-528.09 Fuel, Viaero Wireless-105.42-Phones, Taylor Waltman-20.00-Reimbursement, Waste Connections-12,153.75 Trash Contract, WCNDD-2,652.00 Nuisance Program, Wheat Belt-1,842.06-Electricity.
OLD BUSINESS:
ARPA Funds: No Change.
Vista Beam has made an agreement with NPPD and is moving forward. Vistabeam advised they were awarded grant money.
NEW BUSINESS:
Erica Busch, representing WCNDD gave a presentation on nuisance properties. Motion by Piva seconded by Zoucha to declare a nuisance by Resolution No.9-23 (OSH 012), No. 10-23 (OSH 020), & No. 11 -23 (OSH 021). Motion carried unanimously. Full Resolutions are on file at City Hall for Public Reading.
Motion by Piva seconded by Porter to rescind by Resolution No. 12-23 404 W Ave B & No. 13-23 103 E Ave F. Motion carried unanimously. The full resolutions are on file at City Hall for public reading.
Motion to Abate 2022 OSH 049-609 W 1st was stricken from record. No action taken.
Deputy Sheriff Fornander presented the Sheriff’s Report.
The Animal Control Report was reviewed.
Motion by Piva seconded by Zoucha to approve livestock permit for Allan & Kathryn Beberniss. Motion carried unanimously.
Motion by DeCock seconded by Porter to approve Kristin Loomis request to block off portion of Main St for Whole Body Health 5-year party on August 27th from 2-7 PM. Motion carried unanimously.
Motion by DeCock seconded by Porter to approve Brad Howell with the Chamber of Commerce request for a possible Air Force fly over at next year’s 4th of July Parade. Motion Carried Unanimously.
From the recommendation of the Zoning Board a Motion by Zoucha seconded by DeCock to Suspend the statutory rules requiring ordinances to be read by title on three different days to be suspended and that Ordinance No. 477 be considered on same day upon reading by number and placed on final passage. Motion Carried unanimously.
Motion by Zoucha seconded by Porter to approve Ordinance 477. Motion carried unanimously.
CITY OF OSHKOSH
ORDINANCE NO. 477
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA, TO AMEND THE ZONING DESIGNATION OF LOTS TEN (10), ELEVEN (11), TWELVE (12) OF BLOCK 5 OF A. SUDMAN COMPANY ADDITION, OSHKOSH, GARDEN COUNTY, NEBRASKA, AS RECOMMENDED BY THE PLANNING COMMISSION; TO REPEAL ALL OTHER ORDINANCES AND RESOLUTIONS, OR PARTS THEREOF IN CONFLICT; TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE MADE A PART OF THE CODE OF THE CITY OF OSHKOSH; AND TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF OSHKOSH, NEBRASKA:
SECTION 1.
Pursuant to Section 15 of the City of Oshkosh Zoning Ordinance and upon the favorable recommendation of the Planning Commission after the required public hearings:
LOTS TEN (10), ELEVEN (11), TWELVE (12) OF BLOCK 5 OF A. SUDMAN COMPANY ADDITION, OSHKOSH, GARDEN COUNTY, NEBRASKA which is currently zoned “C” Commercial is hereby rezoned as “R-1” Residential.
SECTION 2.
The Official Zoning Map for the City of Oshkosh shall be changed to reflect the amendment as contained herein and shall reincorporate such map as amended.
SECTION 3.
Any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with its provisions is repealed.
SECTION 4.
This ordinance shall be in full force and effect from and after its passage, approval and publication according to law.
Motion by Piva seconded by Zoucha to approve Pat & Connie Petersons building permit at 602 Main. Motion carried unanimously.
League Association of Risk Management
2023-24 Renewal Resolution
RESOLUTION NO. 14-23
Provide written notice of termination at least 180 days prior to the desired termination date, which date shall be no sooner than September 30, 2026. (180 day and 3 year commitment; 5% discount)
Adopted this 13th day of July 2023.
Motion by Porter seconded by Zoucha to approve LIGHT Membership and enter an Interlocal agreement. Motion carried unanimously.
RESOLUTIONS
To Authorize Membership in the League Insurance Government Health Team (LIGHT)
WHEREAS, the Municipality desires to enter into the League Insurance Government Health Team Interlocal Agreement (the “Interlocal Agreement”) attached hereto.
RESOLVED, that the Municipality approves and enters into the Interlocal Agreement and authorizes the Clerk of the Municipality to execute the Interlocal Agreement.
RESOLVED FURTHER, that the Municipality approves the attached League Insurance Government Health Team Membership Agreement (the “Membership Agreement”) and authorizes the Clerk of the Municipality to execute the Membership Agreement.
RESOLVED FURTHER, that the Municipality authorizes and directs the Clerk of the Municipality to execute such documents and take such action as may be necessary and appropriate to effectuate the Municipality’s membership in LIGHT and to obtain coverage for Municipal employees through the LIGHT Member Health Plan.
Passed and approved this 13th day of July 2023.
No action taken on Agenda item # 12.
The first reading of Ordinance No. 478 was held. . The full ordinance is on file at City Hall for public reading.
President of the Council opened the Public Hearing at 5:30 p.m. Purpose of hearing was for the Board to allow or deny accessory structure at 404 W Ave M. that does not meet City Code and Regulations. Kathy Wellman presented information and pictures to Council on the structure.
Motion by Zoucha seconded by Porter to go into closed session to discuss agenda item #7 to prevent needless injury to the reputation of an individual with City Attorney, City Clerk, & Deputy Clerk. Motion carried unanimously. Went into closed session at 5:40 P.M.
Came out of closed session at 5:57 P.M.
Motion by Piva seconded by Porter to have the accessory structure removed in 30 days. Yeas Porter, Piva, DeCock. Nays Zoucha. Motion carried.
2023-2024 Budget was discussed.
Motion by Zoucha seconded by Porter, to adjourn meeting at 6:06 PM. Motion carried unanimously.
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 and Courthouse. The agenda for this meeting was kept current and available for inspection at City Hall.
President of the Council Piva called the meeting to order and read the Open Meetings Act, LV 898.
Present: Council Members: Gary DeCock, Mike Piva, George Zoucha, Jaden Porter. Absent: Terry Davis. Also attending: City Administrator James Bondegard, Deputy Clerk Kim Martin, City Attorney, Rory Roundtree, Sheriff Deputy Kyle Fornander, Erica Busch representing WCNDD, Debra Condra. Tony Martinez, Kathy Wellman & Brad Howell.
Motion by Zoucha seconded by Porter, to approve the consent agenda: agenda, minutes, claims, Treasurer’s Report. Motion carried unanimously.
Salaries-29,422.40, IRS-6,632.05-Taxes, NE Dept. of Revenue-622.75-Taxes, Ameriprise Financial-1,528.60-Retirement, Bank of America-854.50-Postage & Supplies, Black Hills-179.77-Heat, Blue Cross Blue Shield-10,032.18-Insurance, James Bondegard-416.58-Reimbursement, Bytes-153.50-Backup & Support, C-Weed Management-225.30-Weed Control, Century Link-205.91-Phone, Eagle Auto-22.95-Parts, Eakes-54.96-Supplies, Enviro Services-25-Water Testing, Garden County News-134.29-Publishing, Heartland Lumber-190.33-Supplies, Austin Krejdl-119.68-Refund, Kurtzers-174.47-Parts, Marriott Hotel-238.00-Conference, Moe’s Heating-202.00-Repairs, Mutual of Omaha-79.03-Life Insurance, Nate Loyd-1,150.00-Reimbursement, Neb Water Resources.-105 Membership Renewal, NPPD-2,955.45-Electricity, Debora Nunes-40.00-Reimbursment,Office Services-22.01-Supplies, One Call Concepts-20.22-Locates, Roger Ormiston-300.00-Baseball Announcing, Oshkosh ACE-458.93-Supplies, Oshkosh Library-1,500.00- Books, Oshkosh Superette-3,315.54- Concession Supplies, Panhandle Tech-99.99-Internet, PepsiCo-3,110.49-Concession Supplies, Plummer Insurance-100.00-Bond Issuance, Rory Roundtree-892.80-Attorney Fees, Jerry Smith-700.00-Animal Control, Scott Smith-28.00-Reimbursement, US Foods 3,487.50- Concessions, Valley Tire-528.09 Fuel, Viaero Wireless-105.42-Phones, Taylor Waltman-20.00-Reimbursement, Waste Connections-12,153.75 Trash Contract, WCNDD-2,652.00 Nuisance Program, Wheat Belt-1,842.06-Electricity.
OLD BUSINESS:
ARPA Funds: No Change.
Vista Beam has made an agreement with NPPD and is moving forward. Vistabeam advised they were awarded grant money.
NEW BUSINESS:
Erica Busch, representing WCNDD gave a presentation on nuisance properties. Motion by Piva seconded by Zoucha to declare a nuisance by Resolution No.9-23 (OSH 012), No. 10-23 (OSH 020), & No. 11 -23 (OSH 021). Motion carried unanimously. Full Resolutions are on file at City Hall for Public Reading.
Motion by Piva seconded by Porter to rescind by Resolution No. 12-23 404 W Ave B & No. 13-23 103 E Ave F. Motion carried unanimously. The full resolutions are on file at City Hall for public reading.
Motion to Abate 2022 OSH 049-609 W 1st was stricken from record. No action taken.
Deputy Sheriff Fornander presented the Sheriff’s Report.
The Animal Control Report was reviewed.
Motion by Piva seconded by Zoucha to approve livestock permit for Allan & Kathryn Beberniss. Motion carried unanimously.
Motion by DeCock seconded by Porter to approve Kristin Loomis request to block off portion of Main St for Whole Body Health 5-year party on August 27th from 2-7 PM. Motion carried unanimously.
Motion by DeCock seconded by Porter to approve Brad Howell with the Chamber of Commerce request for a possible Air Force fly over at next year’s 4th of July Parade. Motion Carried Unanimously.
From the recommendation of the Zoning Board a Motion by Zoucha seconded by DeCock to Suspend the statutory rules requiring ordinances to be read by title on three different days to be suspended and that Ordinance No. 477 be considered on same day upon reading by number and placed on final passage. Motion Carried unanimously.
Motion by Zoucha seconded by Porter to approve Ordinance 477. Motion carried unanimously.
CITY OF OSHKOSH
ORDINANCE NO. 477
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA, TO AMEND THE ZONING DESIGNATION OF LOTS TEN (10), ELEVEN (11), TWELVE (12) OF BLOCK 5 OF A. SUDMAN COMPANY ADDITION, OSHKOSH, GARDEN COUNTY, NEBRASKA, AS RECOMMENDED BY THE PLANNING COMMISSION; TO REPEAL ALL OTHER ORDINANCES AND RESOLUTIONS, OR PARTS THEREOF IN CONFLICT; TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE MADE A PART OF THE CODE OF THE CITY OF OSHKOSH; AND TO PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF OSHKOSH, NEBRASKA:
SECTION 1.
Pursuant to Section 15 of the City of Oshkosh Zoning Ordinance and upon the favorable recommendation of the Planning Commission after the required public hearings:
LOTS TEN (10), ELEVEN (11), TWELVE (12) OF BLOCK 5 OF A. SUDMAN COMPANY ADDITION, OSHKOSH, GARDEN COUNTY, NEBRASKA which is currently zoned “C” Commercial is hereby rezoned as “R-1” Residential.
SECTION 2.
The Official Zoning Map for the City of Oshkosh shall be changed to reflect the amendment as contained herein and shall reincorporate such map as amended.
SECTION 3.
Any other ordinance or section passed and approved prior to passage, approval, and publication or posting of this ordinance and in conflict with its provisions is repealed.
SECTION 4.
This ordinance shall be in full force and effect from and after its passage, approval and publication according to law.
Motion by Piva seconded by Zoucha to approve Pat & Connie Petersons building permit at 602 Main. Motion carried unanimously.
League Association of Risk Management
2023-24 Renewal Resolution
RESOLUTION NO. 14-23
Provide written notice of termination at least 180 days prior to the desired termination date, which date shall be no sooner than September 30, 2026. (180 day and 3 year commitment; 5% discount)
Adopted this 13th day of July 2023.
Motion by Porter seconded by Zoucha to approve LIGHT Membership and enter an Interlocal agreement. Motion carried unanimously.
RESOLUTIONS
To Authorize Membership in the League Insurance Government Health Team (LIGHT)
WHEREAS, the Municipality desires to enter into the League Insurance Government Health Team Interlocal Agreement (the “Interlocal Agreement”) attached hereto.
RESOLVED, that the Municipality approves and enters into the Interlocal Agreement and authorizes the Clerk of the Municipality to execute the Interlocal Agreement.
RESOLVED FURTHER, that the Municipality approves the attached League Insurance Government Health Team Membership Agreement (the “Membership Agreement”) and authorizes the Clerk of the Municipality to execute the Membership Agreement.
RESOLVED FURTHER, that the Municipality authorizes and directs the Clerk of the Municipality to execute such documents and take such action as may be necessary and appropriate to effectuate the Municipality’s membership in LIGHT and to obtain coverage for Municipal employees through the LIGHT Member Health Plan.
Passed and approved this 13th day of July 2023.
No action taken on Agenda item # 12.
The first reading of Ordinance No. 478 was held. . The full ordinance is on file at City Hall for public reading.
President of the Council opened the Public Hearing at 5:30 p.m. Purpose of hearing was for the Board to allow or deny accessory structure at 404 W Ave M. that does not meet City Code and Regulations. Kathy Wellman presented information and pictures to Council on the structure.
Motion by Zoucha seconded by Porter to go into closed session to discuss agenda item #7 to prevent needless injury to the reputation of an individual with City Attorney, City Clerk, & Deputy Clerk. Motion carried unanimously. Went into closed session at 5:40 P.M.
Came out of closed session at 5:57 P.M.
Motion by Piva seconded by Porter to have the accessory structure removed in 30 days. Yeas Porter, Piva, DeCock. Nays Zoucha. Motion carried.
2023-2024 Budget was discussed.
Motion by Zoucha seconded by Porter, to adjourn meeting at 6:06 PM. Motion carried unanimously.