City of Oshkosh-Minutes-October 2024
The City of Oshkosh Council met for regular session October 10, 2024, 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.
Mayor Davis called the meeting to order and read the Open Meetings Act, LV 898.
Present: Mayor, Terry Davis & Council Members: Mike Piva, George Zoucha, Jaden Porter, Gary DeCock. Also attending: City Administrator James Bondegard, Deputy Clerk Kim Martin, by phone: City Attorney, Rory Roundtree, Sheriff, Randy Ross, Erica Bush and Edward Dunn with WCNDD, and Deb Condra.
Motion by Zoucha seconded by Porter, to approve the consent agenda: agenda, minutes, claims, Treasurer’s Report. Motion carried unanimously.
Salaries-17,998.02, IRS-4,615.68-Taxes, NE Dept. of Revenue 1,413.50-Taxes, 3D-Lawn-
295.00-Lawn services, Ameriprise Financial-1,680.00-Retirement, Bank of America-769.40-
Postage, Supplies, Subscriptions, Black Hills-184.39-Heat, Blue Cross Blue Shield-9,939.30-
Insurance, Brittany Waltman-55.61-Mileage, Bytes-165.50-Backup & Support, Cathy Blum-
113.64-Mileage, Centurylink-179.73 -Phone, Enviro Services-25.00 Water Testing, Garden
County News-245.13-Publishing, Heartland Lumber-130.01-Supplies, James Bondegard-671.20-
Mileage & Reimbursement, Jerry Smith-700.00-Animal Control, Lee Harvey-58.17-Deposit
Return, Moe’s Heating & Air-310.00-Appliance Charge, Municipal Supply-2,437.26-Supplies &
Repairs, Mutual of Omaha-79.03-Life Insurance, NE Public Envirolab-247.00-Water Testing,
NPPD-2,450.84-Electricity, Office Services-252.98-Supplies, One Call Concepts-74.40-Call to
Digs, Oshkosh ACE-294.49-Supplies, Oshkosh Library-2,200.00-Deposit Request, Oshkosh
Superette-40.36-Supplies, Panhandle Tech-85.00-Internet, Ritchies Concrete-1,048.00-Concrete,
Roundtree Law-522.00-Attorney Fees, Scott Smith-127.20-Reimbursement, United Thermomap-
312.58-Repairs, Valley Tire-550.63-Fuel, Viaero Wireless-105.00-Phones, Taylor Waltman-
127.20-Reimbursement, Waste Connections-12,006.37-Trash Contract, Wheat Belt-2,095.72-
Electricity.
OLD BUSINESS:
ARPA Funds: Updated financials and deadline for projects.
Broadband: Discussed boring project.
NEW BUSINESS:
Erica Bush and Edward Dunn, representing WCNDD gave a presentation on nuisance properties.
Motion by Piva, seconded by Zoucha to abate: 2024 OSH 061-1101 W 2nd, 2024 OSH 023-1004 E 2nd. Motion carried unanimously.
Motion by Zoucha seconded by DeCock to approve Resolution No. 44-24A Rescinding Resolution 18-24 2024 OSH 042-408 W Ave M. Motion carried unanimously.
Resolution No. 44-24A
Rescinding Resolution No. 18-24
WHEREAS, the City of Oshkosh (hereinafter the City) is engaged in a Nuisance Abatement Process; and
WHEREAS, the City appointed the West Central Nebraska Development District (WCNDD) as Nuisance Officer; and
WHEREAS, WCNDD identified and confirmed that in its opinion a nuisance exists as defined by Federal, State, City law; and City Council, at a regular meeting, identified nuisance property, supported by evidence; and
WHEREAS, WCNDD now has evidence that the nuisance violation declared in Resolution No. 18-24, which is abated and the property cleared of nuisances.
NOW THEREFORE, BE IT RESOLVED, that the City of Oshkosh rescinds Resolution No. 18-24 on the following property:
CASE NO. PHYSICAL ADDRESS 2024 OSH 042 408 W Ave M, Oshkosh, NE
PASSED THIS 10TH DAY OF OCTOBER 2024.
Sheriff Ross discussed the sheriff’s report.
The Animal Control Report was reviewed.
Motion by Zoucha seconded by Porter to approve Suzanne Rebek to the Oshkosh Public Library Board. Motion carried unanimously.
Motion by DeCock seconded by Porter to approve building permit for a covered porch at 108 E Ave F. Motion carried unanimously.
Motion by Piva seconded by Zoucha to approve Resolution 43-24 for Assessing weed mowing. Motion carried unanimously.
RESOLUTION NO. 43-24
A RESOLUTION AMENDING RESOLUTION NO. 27-23 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 LOT 3-N 44' OF E 81' LOT 4 BLK 3 MALOY 1ST ADD OSHKOSH 350002398 $ 2,100.00
ROCHLITZ, ROSS A LOTS 1-2 BLK 5 SUDMAN CO ADDITION $ 600.00
350001065
RYAN MARTINEZ
(C/O DANA MARTINEZ) W1/2 LOTS 11-12 BLK 3 MALOY 1ST ADD OSHKOSH $ 1,500.00
350002479
PARACHININ LE, ALVEREE JL LOTS 14-15 BLK 4 BOTT-HART ADDITION $ 1,200.00
350003491
ARAGON/WENDY JAZMIN FIGUEROA LOT 12 BLK 2 SUDMAN NORTH ADD $ 600.00
350004447
JAMES HEFTI LOT 9 BLK 7 BOTT-HART ADD $ 600.00
350003769
CAROL/ORVIN LAKE LOT 1 BLK 6 SUDMAN CO ADD $ 700.00
350001197
GODOY, GUSTAVO GODOY LOT 16 BLK 5 SUDMAN CO ADD $300.00
AKA TISON, JAQUELIN KAY
350001162
Passed and approved October 10, 2024.
Motion by Piva seconded by DeCock to approve Resolution 45-24 for Assessing delinquent water, sewer and/ or trash. Motion carried unanimously.
RESOLUTION NO. 45-24
RESOLUTION AUTHORIZING ASSESSMENT AGAINST THE PROPERTY OF LAND OWNERS FOR DELINQUENT WATER, SEWER, AND/OR TRASH COLLECTION FEES. Article 3-2.19, State Statute 18-503.
WHEREAS, the City of Oshkosh, City Code requires that utilities be paid to the City of Oshkosh on or before the 14th day of each and every month; and
WHEREAS, the City, after delinquent notices were mailed to property landowners and occupants of said property, utilities were turned off at said property.
WHREAS, the delinquent customer has thirty (30) days to pay the City Clerk the delinquent set assessment after said resolution has been passed and approved by the City Council; and
WHREAS, the City Clerk has the authority to remove said assessment for said paying customer listed in this resolution; and
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.
PATRIOT GRILL LLC $ 1,281.25
300 MAIN ST OSHKOSH NE
350072949
PASSED AND APPROVED THIS 10TH DAY OF OCTOBER 2024.
Motion by Piva seconded by Zoucha to Suspend the statutory rules requiring ordinances to be read by title on three different days to be suspended and that Ordinance No.482 be considered on same day upon reading by number and placed on final passage. Motion carried unanimously.
Motion by Piva seconded by Zoucha to approve Ordinance No. 482. Motion carried unanimously.
CITY OF OSHKOSH
ORDINANCE NO. 482
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA, TO AMEND CHAPTER I, ARTICLE 1-1; SECTION 1-1.19, OF THE CITY CODE BOOK, TITLED “GENERAL PENALTY”; TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE MADE A PART OF THE CODE OF THE CITY OF OSHKOSH; AND 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.
Chapter I, Article 1-1, Section 1-1.19: GENERAL PENALTY is hereby repealed and replaced as follows:
§ 1-1.19 GENERAL PENALTY.
1-1.19.1 Any person, or that person's agents or servants, who violates any of the provisions of this municipal code, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500. The offense may be paid waiver as follows: first offense -- $50; second offense -- $100 plus costs at the office of the County Clerk/Magistrate office. Any violation after the second offense is not waiverable and shall require an appearance in the County Court. A new violation shall be deemed to have been committed every twenty-four (24) hours of failure to comply with the provisions of this code.
SECTION 2.
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 3.
This ordinance shall be in full force and effect from and after its passage, approval and publication according to law.
Passed, approved and adopted on this 10th day of October, 2024.
Motion by Piva seconded by Zoucha to Suspend the statutory rules requiring ordinances to be read by title on three different days to be suspended and that Ordinance No.483 be considered on same day upon reading by number and placed on final passage. Motion carried unanimously.
Motion by Piva seconded by Zoucha to approve Ordinance No. 483. Motion carried unanimously.
CITY OF OSHKOSH
ORDINANCE NO. 483
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA, TO CREATE CHAPTER 4, ARTICLE 4-2; SECTION 4-2.7, OF THE CITY CODE BOOK, TITLED “ENGINE BRAKES”; TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE MADE A PART OF THE CODE OF THE CITY OF OSHKOSH; AND 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.
Chapter I, Article 1-1, Section 1-1.19: GENERAL PENALTY is hereby created and shall read as follows:
§ 4-2.7 ENGINE BRAKES.
4-2.7 It shall be unlawful for any person within the City of Oshkosh to make, or cause to be made, loud or disturbing noises with any mechanical device operated by compressed air and used for the purposes of assisting braking on any vehicle, also known as engine braking. It shall be a defense to any alleged violation of this section that the operator of the vehicle used such brakes to reasonably avoid a collision or in response to other emergency situations. The governing body shall cause notices to be posted or erect signs indicating this prohibition. Any person who violates or refuses to comply with this section shall be deemed guilty of an offense and shall be fined pursuant to §1-1.19.
SECTION 2.
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 3.
This ordinance shall be in full force and effect from and after its passage, approval and publication according to law.
Passed, approved and adopted on this 10th day of October, 2024.
City Administrator James Bondegard debriefed the council on the damage done to the water lines due to the fiber installation project and how to improve protocol for future incidents.
Motion by Porter seconded by DeCock to adjourn the meeting at 5:36 P.M. Motion carried unanimously.
__________________________________
Terry G. Davis Mayor
ATTEST:
_________________________________________
James Bondegard City Administrator/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 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.
Mayor Davis called the meeting to order and read the Open Meetings Act, LV 898.
Present: Mayor, Terry Davis & Council Members: Mike Piva, George Zoucha, Jaden Porter, Gary DeCock. Also attending: City Administrator James Bondegard, Deputy Clerk Kim Martin, by phone: City Attorney, Rory Roundtree, Sheriff, Randy Ross, Erica Bush and Edward Dunn with WCNDD, and Deb Condra.
Motion by Zoucha seconded by Porter, to approve the consent agenda: agenda, minutes, claims, Treasurer’s Report. Motion carried unanimously.
Salaries-17,998.02, IRS-4,615.68-Taxes, NE Dept. of Revenue 1,413.50-Taxes, 3D-Lawn-
295.00-Lawn services, Ameriprise Financial-1,680.00-Retirement, Bank of America-769.40-
Postage, Supplies, Subscriptions, Black Hills-184.39-Heat, Blue Cross Blue Shield-9,939.30-
Insurance, Brittany Waltman-55.61-Mileage, Bytes-165.50-Backup & Support, Cathy Blum-
113.64-Mileage, Centurylink-179.73 -Phone, Enviro Services-25.00 Water Testing, Garden
County News-245.13-Publishing, Heartland Lumber-130.01-Supplies, James Bondegard-671.20-
Mileage & Reimbursement, Jerry Smith-700.00-Animal Control, Lee Harvey-58.17-Deposit
Return, Moe’s Heating & Air-310.00-Appliance Charge, Municipal Supply-2,437.26-Supplies &
Repairs, Mutual of Omaha-79.03-Life Insurance, NE Public Envirolab-247.00-Water Testing,
NPPD-2,450.84-Electricity, Office Services-252.98-Supplies, One Call Concepts-74.40-Call to
Digs, Oshkosh ACE-294.49-Supplies, Oshkosh Library-2,200.00-Deposit Request, Oshkosh
Superette-40.36-Supplies, Panhandle Tech-85.00-Internet, Ritchies Concrete-1,048.00-Concrete,
Roundtree Law-522.00-Attorney Fees, Scott Smith-127.20-Reimbursement, United Thermomap-
312.58-Repairs, Valley Tire-550.63-Fuel, Viaero Wireless-105.00-Phones, Taylor Waltman-
127.20-Reimbursement, Waste Connections-12,006.37-Trash Contract, Wheat Belt-2,095.72-
Electricity.
OLD BUSINESS:
ARPA Funds: Updated financials and deadline for projects.
Broadband: Discussed boring project.
NEW BUSINESS:
Erica Bush and Edward Dunn, representing WCNDD gave a presentation on nuisance properties.
Motion by Piva, seconded by Zoucha to abate: 2024 OSH 061-1101 W 2nd, 2024 OSH 023-1004 E 2nd. Motion carried unanimously.
Motion by Zoucha seconded by DeCock to approve Resolution No. 44-24A Rescinding Resolution 18-24 2024 OSH 042-408 W Ave M. Motion carried unanimously.
Resolution No. 44-24A
Rescinding Resolution No. 18-24
WHEREAS, the City of Oshkosh (hereinafter the City) is engaged in a Nuisance Abatement Process; and
WHEREAS, the City appointed the West Central Nebraska Development District (WCNDD) as Nuisance Officer; and
WHEREAS, WCNDD identified and confirmed that in its opinion a nuisance exists as defined by Federal, State, City law; and City Council, at a regular meeting, identified nuisance property, supported by evidence; and
WHEREAS, WCNDD now has evidence that the nuisance violation declared in Resolution No. 18-24, which is abated and the property cleared of nuisances.
NOW THEREFORE, BE IT RESOLVED, that the City of Oshkosh rescinds Resolution No. 18-24 on the following property:
CASE NO. PHYSICAL ADDRESS 2024 OSH 042 408 W Ave M, Oshkosh, NE
PASSED THIS 10TH DAY OF OCTOBER 2024.
Sheriff Ross discussed the sheriff’s report.
The Animal Control Report was reviewed.
Motion by Zoucha seconded by Porter to approve Suzanne Rebek to the Oshkosh Public Library Board. Motion carried unanimously.
Motion by DeCock seconded by Porter to approve building permit for a covered porch at 108 E Ave F. Motion carried unanimously.
Motion by Piva seconded by Zoucha to approve Resolution 43-24 for Assessing weed mowing. Motion carried unanimously.
RESOLUTION NO. 43-24
A RESOLUTION AMENDING RESOLUTION NO. 27-23 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 LOT 3-N 44' OF E 81' LOT 4 BLK 3 MALOY 1ST ADD OSHKOSH 350002398 $ 2,100.00
ROCHLITZ, ROSS A LOTS 1-2 BLK 5 SUDMAN CO ADDITION $ 600.00
350001065
RYAN MARTINEZ
(C/O DANA MARTINEZ) W1/2 LOTS 11-12 BLK 3 MALOY 1ST ADD OSHKOSH $ 1,500.00
350002479
PARACHININ LE, ALVEREE JL LOTS 14-15 BLK 4 BOTT-HART ADDITION $ 1,200.00
350003491
ARAGON/WENDY JAZMIN FIGUEROA LOT 12 BLK 2 SUDMAN NORTH ADD $ 600.00
350004447
JAMES HEFTI LOT 9 BLK 7 BOTT-HART ADD $ 600.00
350003769
CAROL/ORVIN LAKE LOT 1 BLK 6 SUDMAN CO ADD $ 700.00
350001197
GODOY, GUSTAVO GODOY LOT 16 BLK 5 SUDMAN CO ADD $300.00
AKA TISON, JAQUELIN KAY
350001162
Passed and approved October 10, 2024.
Motion by Piva seconded by DeCock to approve Resolution 45-24 for Assessing delinquent water, sewer and/ or trash. Motion carried unanimously.
RESOLUTION NO. 45-24
RESOLUTION AUTHORIZING ASSESSMENT AGAINST THE PROPERTY OF LAND OWNERS FOR DELINQUENT WATER, SEWER, AND/OR TRASH COLLECTION FEES. Article 3-2.19, State Statute 18-503.
WHEREAS, the City of Oshkosh, City Code requires that utilities be paid to the City of Oshkosh on or before the 14th day of each and every month; and
WHEREAS, the City, after delinquent notices were mailed to property landowners and occupants of said property, utilities were turned off at said property.
WHREAS, the delinquent customer has thirty (30) days to pay the City Clerk the delinquent set assessment after said resolution has been passed and approved by the City Council; and
WHREAS, the City Clerk has the authority to remove said assessment for said paying customer listed in this resolution; and
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.
PATRIOT GRILL LLC $ 1,281.25
300 MAIN ST OSHKOSH NE
350072949
PASSED AND APPROVED THIS 10TH DAY OF OCTOBER 2024.
Motion by Piva seconded by Zoucha to Suspend the statutory rules requiring ordinances to be read by title on three different days to be suspended and that Ordinance No.482 be considered on same day upon reading by number and placed on final passage. Motion carried unanimously.
Motion by Piva seconded by Zoucha to approve Ordinance No. 482. Motion carried unanimously.
CITY OF OSHKOSH
ORDINANCE NO. 482
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA, TO AMEND CHAPTER I, ARTICLE 1-1; SECTION 1-1.19, OF THE CITY CODE BOOK, TITLED “GENERAL PENALTY”; TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE MADE A PART OF THE CODE OF THE CITY OF OSHKOSH; AND 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.
Chapter I, Article 1-1, Section 1-1.19: GENERAL PENALTY is hereby repealed and replaced as follows:
§ 1-1.19 GENERAL PENALTY.
1-1.19.1 Any person, or that person's agents or servants, who violates any of the provisions of this municipal code, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500. The offense may be paid waiver as follows: first offense -- $50; second offense -- $100 plus costs at the office of the County Clerk/Magistrate office. Any violation after the second offense is not waiverable and shall require an appearance in the County Court. A new violation shall be deemed to have been committed every twenty-four (24) hours of failure to comply with the provisions of this code.
SECTION 2.
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 3.
This ordinance shall be in full force and effect from and after its passage, approval and publication according to law.
Passed, approved and adopted on this 10th day of October, 2024.
Motion by Piva seconded by Zoucha to Suspend the statutory rules requiring ordinances to be read by title on three different days to be suspended and that Ordinance No.483 be considered on same day upon reading by number and placed on final passage. Motion carried unanimously.
Motion by Piva seconded by Zoucha to approve Ordinance No. 483. Motion carried unanimously.
CITY OF OSHKOSH
ORDINANCE NO. 483
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA, TO CREATE CHAPTER 4, ARTICLE 4-2; SECTION 4-2.7, OF THE CITY CODE BOOK, TITLED “ENGINE BRAKES”; TO PROVIDE THAT THE PROVISIONS OF THIS ORDINANCE SHALL BE MADE A PART OF THE CODE OF THE CITY OF OSHKOSH; AND 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.
Chapter I, Article 1-1, Section 1-1.19: GENERAL PENALTY is hereby created and shall read as follows:
§ 4-2.7 ENGINE BRAKES.
4-2.7 It shall be unlawful for any person within the City of Oshkosh to make, or cause to be made, loud or disturbing noises with any mechanical device operated by compressed air and used for the purposes of assisting braking on any vehicle, also known as engine braking. It shall be a defense to any alleged violation of this section that the operator of the vehicle used such brakes to reasonably avoid a collision or in response to other emergency situations. The governing body shall cause notices to be posted or erect signs indicating this prohibition. Any person who violates or refuses to comply with this section shall be deemed guilty of an offense and shall be fined pursuant to §1-1.19.
SECTION 2.
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 3.
This ordinance shall be in full force and effect from and after its passage, approval and publication according to law.
Passed, approved and adopted on this 10th day of October, 2024.
City Administrator James Bondegard debriefed the council on the damage done to the water lines due to the fiber installation project and how to improve protocol for future incidents.
Motion by Porter seconded by DeCock to adjourn the meeting at 5:36 P.M. Motion carried unanimously.
__________________________________
Terry G. Davis Mayor
ATTEST:
_________________________________________
James Bondegard City Administrator/Clerk