The City of Oshkosh Mayor and City Council met for regular session on August 12, 2021 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 were: Mayor Terry Davis, Council Members: Gary DeCock, Mike Piva, Cole Birkel, George Zoucha. Also attending: Administrator, Bill Campbell, Attorney, Mary Kay Robinson-Boone, City Clerk, LeAnn Brown.
Motion by Piva, seconded by Zoucha, to approve the agenda, approve the minutes of the previous meetings and to waive the reading thereof. Motion carried unanimously.
Motion by DeCock, seconded by Piva, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by Piva, seconded by Birkel, to approve the following bills. Motion carried unanimously. Salaries-33,785.76, IRS-6,026.20-Taxes, NE Dept. of Revenue-4,263.045-Taxes, Alter Recycling-127.50-Wire, Ameriprise Financial-1467.60-Retirement, Andersen Sign Co.-4,750.00-Refurbishing, Bank of America-527.68-Postage & Supplies, Black Hills-40.86-Electricity, Blue Cross Blue Shield-6,333.82-Ins., LeAnn Brown-244.37-Health Ins., Bytes-66.00-Computer Support, Century Link-215.32-Phone, Cooper Steel-523.70-Repairs, Enviro Service-45.00-Water Testing, Garden Co. News-117.00-Publishing, Heartland Lumber-97.40-Supplies, Kearney Foundation-4,468.98-Library Donations, League of Municipalities-1,335.80-Dues & Journal Sheets, Michael Todd Co.-843.47-Sweeper Brooms, Miller & Assoc.-9,300.00-Sewer Project, Myers Construction-304,816.68-Sewer Project, NMC-1,928.46-Supplies & Parts, NMPP-599.96-Billing Post Cards, NPPD-3,039.56-Electricity, Northwest Pipe-972.34-Waterworks, Office Service-22.38-Supplies, Oshkosh ACE Hardware-85.53-Repairs & Supplies, Oshkosh Library-1,000.00-Books, Oshkosh Superette-23.22-Supplies, PADD-685.18-Dues, Panhandle Tech Net-99.99-Internet, Plummer Ins.-100.00-Bond, Reliance Standard-803.70-Life/AD&D, Shauna Roberson-5.50-Trash Refund, Kelly Rochlitz-52.10-Trash Refund, Jerry Smith-700.00-Animal Control, Utilities Section-511.00-Dues, Valley Tire-524.80-Fuel, Waste Connections-11,226.47-Trash Contract, WCNDD-2,159.25-Nuisances, Wheat Belt-2,077.59-Electricity
Sheriff’s Report unavailable.
The Animal Control Report was reviewed.
The council discussed Lonnie Martinez’s offer of acquiring the lot next to his property that the city owns and that he has been mowing for the last five or six years. More information is needed from Martinez before a decision can be made.
Amber Kuskie and Erica Bush, representing WCNDD, presented the council resolutions to rescind relating to the nuisance ordinance. Motion by Piva, seconded by Zoucha, to approve Resolutions 17-21, 18-21, 19-21. Motion carried unanimously.
RESOLUTION NO. 17-21
The City Council of 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 (WNDD) 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. 03-21, which is abated and the property cleared of nuisances.
NOW THEREFORE, BE IT RESOLVED, that the City of Oshkosh rescinds Resolution No. 03-21 on the following property:
CASE NO. PHYSICAL ADDRESS
2021 OSH 006 103 W Ave D, Oshkosh, NE
PASSED THIS 12TH OF AUGUST, 2021.
RESOLUTION NO. 18-21
The City Council of 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 (WNDD) 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. 07-21, which is abated and the property cleared of nuisances.
NOW THEREFORE, BE IT RESOLVED, that the City of Oshkosh rescinds Resolution No. 07-21 on the following property:
CASE NO. PHYSICAL ADDRESS
2021 OSH 025 202 W Ave B, Oshkosh, NE
PASSED THIS 12TH DAY OF AUGUST, 2021.
RESOLUTION NO. 19-21
The City Council of 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 (WNDD) 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. 07-21, which is abated and the property cleared of nuisances.
NOW THEREFORE, BE IT RESOLVED, that the City of Oshkosh rescinds Resolution No. 07-21 on the following property:
CASE NO. PHYSICAL ADDRESS
2021 OSH 052 PID 350007195, Oshkosh, NE
PASSED THIS 12TH DAY OF AUGUST, 2021.
Joe McGinley, representing the Airport Zoning Board, presented the council with a zoning amendment for the airport. Motion by Piva, seconded by Birkel, to incorporate the amended zoning into the city’s zoning. Motion carried unanimously.
Motion by Zoucha, seconded by DeCock, to approve Mayor Davis’ appointments of Jim Levick and Kristy Underwood to the Planning Commission Board. Motion carried unanimously.
Mayor Davis opened a hearing at 5:30 p.m., concerning large or small box stores, chain or franchised stores and businesses. Lori Seeley discussed with the council the pros and cons of allowing this type of store.
Mayor Davis closed the hearing at 5:42 p.m.
Motion by Piva, seconded by DeCock, to approve the Planning Commission’s recommendation to amend and add the following as Conditional Use to Agricultura, Commercial, Highway Commercial and Industrial: Large or small box discount stores or chain or franchised stores and businesses. Add the following language to Section 10: 10.3.7 The Proposed Conditional Use will not cause economic harm to existing businesses in the community. Motion carried unanimously.
At 5:45 p.m., Mayor Davis opened the hearing on zoning for vacation rental, bed & breakfast and rooming houses. No persons appeared in favor or against said zoning. Mayor Davis closed the hearing at 5:52 p.m.
Motion by Zoucha, seconded by Piva, to approve the Planning Commission’s recommendation that vacation rentals, bed & breakfast, and rooming houses be zoned as a Permitted Use in R-1, R02, Agricultural, Commercial and Highway Commercial. Motion carried unanimously.
Mayor Davis opened the hearing on a Class D Liquor License Application for Blackmon Inc. dba Oshkosh Superette at 6:01 p.m. Lori Seeley, applicant, described their plans for adding more alcoholic beverages at the Superette. Mayor Davis closed the hearing at 6:03 p.m.
Motion by Piva, seconded by Birkel, to approve a Class D Liquor License Application for Blackmon Inc. dba Oshkosh Superette. Motion carried unanimously.
Motion by Zoucha, seconded by DeCock, to approve the Interlocal Agreement with Garden County for Police Protection with a 2% increase for two years at $97484.60 a year. Motion carried unanimously.
The 2021—2022 budget was discussed, along with the sewer project.
Clerk Brown reported the first payment from the American Rescue Plan Act has been received.
The use of these funds for the payment of loans for the water and sewer projects are prohibited. The council will discuss exactly what the funds will be spent on at a later date.
Motion by Birkel, seconded by DeCock, for Fence Permits for Larry Gette and Jeff Allbery. Motion carried unanimously.
Motion by Piva, seconded by Birkel, to approve the Planning Commission’s recommendation to allow a building permit for storefront improvement for the VOA at 110 Main. Motion carried unanimously.
The mayor and council discussed having a sitting member on the PADD board. At this time the city will not have a sitting member on the board.
Motion by Piva, seconded by Zoucha, to approve Resolution No. 468 and to waive the readings on three different dates. Motion carried unanimously.
ORDINANCE NO. 468
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA TO AMEND 4-2.8.2.2, SPEED LIMIT ON US HIGHWAY 26 WITHIN THE CITY CORPORATE LIMITS TO 40 MPH, AND PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
The Mayor and City Council de declare that the City of Oshkosh shall amend 2-2.2.1 as follows:
2-2.2.1 Highway US-26/N-92 from west corporate limit (530’ west of West 4th Street) to east corporate limit (2,110’ east of East 1st Street) – 40 miles per hour.
This ordinance shall be in full force and effect following approval by the City Council and signed by Mayor.
Passed, approved and adopted on August 12, 2021.
The council discussed sharing the costs of having a roll-off container at the County Shop for county and city residents to use for large items that won’t fit in dumpster. An Interlocal Agreement will have to be drawn up for this purpose.
Motion by DeCock, seconded by Zoucha, to approve Resolution No. 20-21.
RESOLUTION NO. 20-21
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 certification of program compliance by each municipality shall be signed by the Mayor and shall include the resolution of the governing body of the municipality authorizing the signing of the certification.
Be it resolved that the Mayor of Oshkosh is hereby authorized to sign the Municipal Annual Certification of Program Compliance.
Adopted this 12th day of August, 2021.
Motion by Zoucha, seconded by DeCock, to approve the Economic Development Advisory Committee’s recommendation to allow up to $4,800 to be used towards the refurbishing of the Welcome to Oshkosh sign. Motion carried unanimously.
Motion by Zoucha, seconded by DeCock, to adjourn the meeting at 7:16 p.m. Motion carried unanimously.
______________________________
Terry G. Davis, Mayor
ATTEST:
_________________________________
LeAnn Brown, City Clerk
The City of Oshkosh Mayor and City Council met for regular session on August 12, 2021 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 were: Mayor Terry Davis, Council Members: Gary DeCock, Mike Piva, Cole Birkel, George Zoucha. Also attending: Administrator, Bill Campbell, Attorney, Mary Kay Robinson-Boone, City Clerk, LeAnn Brown.
Motion by Piva, seconded by Zoucha, to approve the agenda, approve the minutes of the previous meetings and to waive the reading thereof. Motion carried unanimously.
Motion by DeCock, seconded by Piva, to approve the Treasurer’s Report. Motion carried unanimously.
A motion by Piva, seconded by Birkel, to approve the following bills. Motion carried unanimously. Salaries-33,785.76, IRS-6,026.20-Taxes, NE Dept. of Revenue-4,263.045-Taxes, Alter Recycling-127.50-Wire, Ameriprise Financial-1467.60-Retirement, Andersen Sign Co.-4,750.00-Refurbishing, Bank of America-527.68-Postage & Supplies, Black Hills-40.86-Electricity, Blue Cross Blue Shield-6,333.82-Ins., LeAnn Brown-244.37-Health Ins., Bytes-66.00-Computer Support, Century Link-215.32-Phone, Cooper Steel-523.70-Repairs, Enviro Service-45.00-Water Testing, Garden Co. News-117.00-Publishing, Heartland Lumber-97.40-Supplies, Kearney Foundation-4,468.98-Library Donations, League of Municipalities-1,335.80-Dues & Journal Sheets, Michael Todd Co.-843.47-Sweeper Brooms, Miller & Assoc.-9,300.00-Sewer Project, Myers Construction-304,816.68-Sewer Project, NMC-1,928.46-Supplies & Parts, NMPP-599.96-Billing Post Cards, NPPD-3,039.56-Electricity, Northwest Pipe-972.34-Waterworks, Office Service-22.38-Supplies, Oshkosh ACE Hardware-85.53-Repairs & Supplies, Oshkosh Library-1,000.00-Books, Oshkosh Superette-23.22-Supplies, PADD-685.18-Dues, Panhandle Tech Net-99.99-Internet, Plummer Ins.-100.00-Bond, Reliance Standard-803.70-Life/AD&D, Shauna Roberson-5.50-Trash Refund, Kelly Rochlitz-52.10-Trash Refund, Jerry Smith-700.00-Animal Control, Utilities Section-511.00-Dues, Valley Tire-524.80-Fuel, Waste Connections-11,226.47-Trash Contract, WCNDD-2,159.25-Nuisances, Wheat Belt-2,077.59-Electricity
Sheriff’s Report unavailable.
The Animal Control Report was reviewed.
The council discussed Lonnie Martinez’s offer of acquiring the lot next to his property that the city owns and that he has been mowing for the last five or six years. More information is needed from Martinez before a decision can be made.
Amber Kuskie and Erica Bush, representing WCNDD, presented the council resolutions to rescind relating to the nuisance ordinance. Motion by Piva, seconded by Zoucha, to approve Resolutions 17-21, 18-21, 19-21. Motion carried unanimously.
RESOLUTION NO. 17-21
The City Council of 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 (WNDD) 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. 03-21, which is abated and the property cleared of nuisances.
NOW THEREFORE, BE IT RESOLVED, that the City of Oshkosh rescinds Resolution No. 03-21 on the following property:
CASE NO. PHYSICAL ADDRESS
2021 OSH 006 103 W Ave D, Oshkosh, NE
PASSED THIS 12TH OF AUGUST, 2021.
RESOLUTION NO. 18-21
The City Council of 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 (WNDD) 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. 07-21, which is abated and the property cleared of nuisances.
NOW THEREFORE, BE IT RESOLVED, that the City of Oshkosh rescinds Resolution No. 07-21 on the following property:
CASE NO. PHYSICAL ADDRESS
2021 OSH 025 202 W Ave B, Oshkosh, NE
PASSED THIS 12TH DAY OF AUGUST, 2021.
RESOLUTION NO. 19-21
The City Council of 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 (WNDD) 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. 07-21, which is abated and the property cleared of nuisances.
NOW THEREFORE, BE IT RESOLVED, that the City of Oshkosh rescinds Resolution No. 07-21 on the following property:
CASE NO. PHYSICAL ADDRESS
2021 OSH 052 PID 350007195, Oshkosh, NE
PASSED THIS 12TH DAY OF AUGUST, 2021.
Joe McGinley, representing the Airport Zoning Board, presented the council with a zoning amendment for the airport. Motion by Piva, seconded by Birkel, to incorporate the amended zoning into the city’s zoning. Motion carried unanimously.
Motion by Zoucha, seconded by DeCock, to approve Mayor Davis’ appointments of Jim Levick and Kristy Underwood to the Planning Commission Board. Motion carried unanimously.
Mayor Davis opened a hearing at 5:30 p.m., concerning large or small box stores, chain or franchised stores and businesses. Lori Seeley discussed with the council the pros and cons of allowing this type of store.
Mayor Davis closed the hearing at 5:42 p.m.
Motion by Piva, seconded by DeCock, to approve the Planning Commission’s recommendation to amend and add the following as Conditional Use to Agricultura, Commercial, Highway Commercial and Industrial: Large or small box discount stores or chain or franchised stores and businesses. Add the following language to Section 10: 10.3.7 The Proposed Conditional Use will not cause economic harm to existing businesses in the community. Motion carried unanimously.
At 5:45 p.m., Mayor Davis opened the hearing on zoning for vacation rental, bed & breakfast and rooming houses. No persons appeared in favor or against said zoning. Mayor Davis closed the hearing at 5:52 p.m.
Motion by Zoucha, seconded by Piva, to approve the Planning Commission’s recommendation that vacation rentals, bed & breakfast, and rooming houses be zoned as a Permitted Use in R-1, R02, Agricultural, Commercial and Highway Commercial. Motion carried unanimously.
Mayor Davis opened the hearing on a Class D Liquor License Application for Blackmon Inc. dba Oshkosh Superette at 6:01 p.m. Lori Seeley, applicant, described their plans for adding more alcoholic beverages at the Superette. Mayor Davis closed the hearing at 6:03 p.m.
Motion by Piva, seconded by Birkel, to approve a Class D Liquor License Application for Blackmon Inc. dba Oshkosh Superette. Motion carried unanimously.
Motion by Zoucha, seconded by DeCock, to approve the Interlocal Agreement with Garden County for Police Protection with a 2% increase for two years at $97484.60 a year. Motion carried unanimously.
The 2021—2022 budget was discussed, along with the sewer project.
Clerk Brown reported the first payment from the American Rescue Plan Act has been received.
The use of these funds for the payment of loans for the water and sewer projects are prohibited. The council will discuss exactly what the funds will be spent on at a later date.
Motion by Birkel, seconded by DeCock, for Fence Permits for Larry Gette and Jeff Allbery. Motion carried unanimously.
Motion by Piva, seconded by Birkel, to approve the Planning Commission’s recommendation to allow a building permit for storefront improvement for the VOA at 110 Main. Motion carried unanimously.
The mayor and council discussed having a sitting member on the PADD board. At this time the city will not have a sitting member on the board.
Motion by Piva, seconded by Zoucha, to approve Resolution No. 468 and to waive the readings on three different dates. Motion carried unanimously.
ORDINANCE NO. 468
AN ORDINANCE OF THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA TO AMEND 4-2.8.2.2, SPEED LIMIT ON US HIGHWAY 26 WITHIN THE CITY CORPORATE LIMITS TO 40 MPH, AND PROVIDE WHEN THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT.
The Mayor and City Council de declare that the City of Oshkosh shall amend 2-2.2.1 as follows:
2-2.2.1 Highway US-26/N-92 from west corporate limit (530’ west of West 4th Street) to east corporate limit (2,110’ east of East 1st Street) – 40 miles per hour.
This ordinance shall be in full force and effect following approval by the City Council and signed by Mayor.
Passed, approved and adopted on August 12, 2021.
The council discussed sharing the costs of having a roll-off container at the County Shop for county and city residents to use for large items that won’t fit in dumpster. An Interlocal Agreement will have to be drawn up for this purpose.
Motion by DeCock, seconded by Zoucha, to approve Resolution No. 20-21.
RESOLUTION NO. 20-21
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 certification of program compliance by each municipality shall be signed by the Mayor and shall include the resolution of the governing body of the municipality authorizing the signing of the certification.
Be it resolved that the Mayor of Oshkosh is hereby authorized to sign the Municipal Annual Certification of Program Compliance.
Adopted this 12th day of August, 2021.
Motion by Zoucha, seconded by DeCock, to approve the Economic Development Advisory Committee’s recommendation to allow up to $4,800 to be used towards the refurbishing of the Welcome to Oshkosh sign. Motion carried unanimously.
Motion by Zoucha, seconded by DeCock, to adjourn the meeting at 7:16 p.m. Motion carried unanimously.
______________________________
Terry G. Davis, Mayor
ATTEST:
_________________________________
LeAnn Brown, City Clerk