Garden County Nebraska

GardenCoNe.com

Oshkosh, Lewellen, Lisco

CITY OF OSHKOSH
REGULAR MEETING
FEBRUARY 11, 2010

Pursuant to notice published in the Garden County News, the Oshkosh City Council met for regular session on February 11, 2010 at 7:00 p.m.

Mayor Gette announced the Open Meetings Law is posted on the wall of the Council Chambers and available for public inspection.

Present were Mayor, Larry Gette, and Council Members: Brian Moffat, Carol Lake, Jim Levick, and Roger Gray. Also attending: Administrator, Bill Campbell, Clerk, LeAnn Brown, and Bill Patterson.

Motion by Gray, seconded by Levick, to approve the agenda and minutes of the previous meeting and waive the reading of the same. Voting Yea: All. Motion carried unanimously.

Motion by Levick, seconded by Moffat, to approve the following bills. Voting Yea: All. Motion carried unanimously.

Salaries-13,745.99, NE State Bank-3,089.12, Post Master-184.00, Dodie Prohs-1,600.00, Sharon Banister-23.80, Blue Cross Blue Shield-3,881.09, William Campbell-7.48 Cash-Wa-183.04, Central Dist.-43.50, Centurylink-264.42, E & S Auto-174.82, Garden Co. News-160.08, Garden Co. Sheriff-15.58, Kirstin Girffin-23.80, Lake Excavation-1,467.50, J. Leef-450.00, Matt Parrott Co.-143.60, Michael Todd & Co.-546.00, Mid American Benefits-76.00, NE Dept. of Revenue-382.67, NE Clerks Assoc.-25.00, NE Public Health-16.00, N.P.P.D.-2,538.36, Northwest Pipe Fittings-1,402.21, Office Service-8.60, Oshkosh Superette-1,157.58, Oshkosh Tool House-77.34, Panhandle Clerks Assoc.-10.00, Bill Patterson-425.00, Sedgwick Co. Landfill-2,745.60, Tanner Coatings-70.00, S. A. Foster-48.16, Scott Smith-14.44, Southwestern Equip.-600.96, Valley Tire-235.46, SourceGas-1,380.11

Visitor: John Wilhelm.

OLD BUSINESS:

A Health Board Report was given. Attorney Leef will send certified letters to two residents that are in violation of city code.

Motion by Lake, seconded by Moffat, to approve Ordinance No. 410. Motion carried unanimously.

ORDINANCE NO. 410

AN ORDINANCE OF THE CITY OF OSHKOSH, NEBRASKA, AMENDING ORDINANCE NO. 388, AND ADDING TO CHAPTER 4, SECTION 2, RELATING TO ALL-TERRAIN VEHICLES; TO ALLOW THE OPERATION OF ALL-TERRIAN VEHICLES WITHIN THE CORPORATE LIMITS UNDER CERTAIN CIRCUMSTANCES; TO IMPOSE RESTRICTIONS ON THE USE OF ALL-TERRAIN VEHICLES; TO ESTABLISH PENALITIES FOR VIOLATION; TO REPEAL CONFLICTING ORDINANCES AND SECTIONS AND TO PROVIDE AN EFFECTIVE DATE.

Be it ordained by the Mayor and City Council of the City of Oshkosh, Nebraska.

Section 4. Section 4-2.13     ALL-TERRAIN VEHICLES WITHIN THE CITY LIMITS.

1. For purposes of this section:

a. All-terrain vehicles means any motorized off-highway vehicle which

(a) is fifty inches or less in width,
(b) has a dry weight of nine hundred pounds or less,
(c) travels on four or more low- pressure tires,
(d) is designed by the original manufacturer for the operator and one passenger,
(e) has a seat or saddle designed to be straddled by the operator, and
(f) has handlebars or any other steering assembly for steering control. (Neb. Rev. Stat. 60-6,244)

b. All-terrain vehicles, which have been modified to include additional equipment not required by Section 3-412 and 3-413 of this article shall not be registered under Chapter 60, Article 3.

c. Street or highway means the entire width between the boundary limits of any street, road, avenue, boulevard, or way, which is publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. (Neb. Rev. Stat. 6-624)

2. An all-terrain vehicle may be operated on streets within the corporate limits of the city only if the operator and the vehicle comply with the provision of this section.

3. An all-terrain vehicle may be operated only between the hours of sunrise and sunset and shall not be operated at a speed in excess of twenty-five miles per hour. When operating an all-terrain vehicle as authorized in subsection (2) of this section, the headlight and taillight of the vehicle shall be on and the vehicle shall be equipped with a bicycle safety flag, which extends not less than five feet above ground attached to the rear of such vehicle. The bicycle safety flag shall be triangular in shape with an area of not less than thirty square inches and shall be day-glow in color.

4. Any person operating an all-terrain vehicle as authorized in subsection (2) of this section shall have:

a. A valid Class O operator's license as provided in Neb. Rev. Stat. 60-126; and

b. Liability insurance coverage for the all-terrain while operating the all-terrain vehicle on a street. The person operating the all-terrain vehicle shall provide proof of such insurance coverage to any peace officer requesting such proof within five (5) days of such request.

c. Any operator must be twenty-one (21) years of age to operate an all-terrain vehicle on a street.

5. All-terrain vehicles shall not be operated on any controlled access highway. Crossing of any controlled access highway is permitted only if:

a. The crossing is made at an angle of approximately ninety degrees to the direction of the street or highway and at a place where no obstruction prevents a quick and safe crossing.

b. The vehicle is brought to a complete stop before crossing the shoulder or roadway to the street or highway.

c. The operator yields the right-of-way to all oncoming traffic that constitutes an immediate potential hazard;

d. In crossing a divided highway, the crossing is made only at an intersection of such highway with another highway; and

e. Both the headlight and taillight of the vehicle are on when the crossing is made. (Neb. Rev. Stat. 6-6,356)

6. All-terrain vehicles may be operated without complying with subsections (3) and (4) of this section on streets and highways in parades which have been authorized by the State of Nebraska or any department, board, commission, or political subdivision of the state.

Section 2. Any person who violates this ordinance shall be punished as provided generally in the municipal code.

Section 3. This ordinance shall take effect and be in full force, from, and after its passage, approval, and publication as required by law.

Passed and approved this 11th day of February 2010.

Lawrence D. Gette

ATTEST:

LeAnn Brown, City Clerk

NEW BUSINESS:

Deputy Belden gave the Sheriff's Report, showing 162.0 hours of time spent in Oshkosh for January.

Agenda Item 11 moved to this time.

Councilwoman Lake brought before the council some concerns by businesses, of the recent break-ins. A lengthy discussion followed. Deputy Belden will bring information about a Neighborhood Watch Program to the next regular meeting.

Mayor Gette opened the hearing on the One & Six Year Street Improvement Program at 7:45 p.m. No persons appeared in favor or against said hearing. Street Supt., Bill Campbell, went over the maintenance part of said Program. Mayor Gette closed the hearing at 7:50 p.m.

Motion by Moffat, seconded by Lake, to approve Resolution No. 01-10. Motion carried unanimously.

RESOLUTION NO. 01-10

WHEREAS, Legal notice of the time and place and purpose of hearing on the One (1) and Six (6) Year Street Improvement Program for the City of Oshkosh, was published in the Garden County News, a legal newspaper circulated within the City of Oshkosh; and

WHEREAS, Posting of the time and place in three public places within the City, prior to the meeting; and

WHEREAS, At the time and place of the hearing, no persons appeared as being opposed to said Street Improvement Plan, and no changes are to be made in plan;

THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OSHKOSH, NEBRASKA, that the One (1) and Six (6) Year Street Improvement Program for the City of Oshkosh, Nebraska, is approved and the Board of Public Roads Classifications and Standards be advised of the adoption of Resolution 01-10. The Mayor declared Resolution No. 01-10 duly passed and approved this 11th day of February 2010.

Lawrence D. Gette

ATTEST:

LeAnn Brown, City Clerk

Doug Pollard came before the Mayor and Council to request a Home Occupation at 109 W. 3rd, to sell and repair guns. Motion by Gray, seconded by Moffat, to approve the Home Occupation. Motion carried unanimously.

The old City Hall building was discussed, as to what to do in the regards to remodeling or tearing it down. Administrator Campbell will seek bids to repair the roof and/or seek bids for tearing it down, but to leave the back end for electrical purposes. Clerk Brown will put an article in the newspaper seeking input on what the citizens of Oshkosh would like to see happen to this building.

Mayor Gette appointed himself to the Oshkosh Housing Authority Board. Motion by Lake, seconded by Levick, to approve the appointment. Voting Yea: Lake, Levick, Moffat. Abstain: Gray. Motion carried.

Motion by Gray, seconded by Lake, to approve the following Proclamation. Motion carried.

Motion made by Moffat, seconded by Gray, to approve the application for a Special Designated Liquor License at the City Auditorium on March 6, 2010, for Fraternal Order of Eagles. Motion carried unanimously.

Motion by Gray, seconded by Levick, to approve the LB40 Committee's recommendation for a loan of $25,000. Motion carried unanimously. Administrator Campbell reported that all loans are current.

A discussion was held on credit/debit payments. Clerk Brown will continue to research this.

Bill Patterson gave a Library Report. A motion by Levick, seconded by Lake, to approve the Library Board's 30 days suspension, with pay, of the Library Director. Motion carried unanimously. In addition, the council received the State Library Report. Clerk Brown commented that the auditor needs to receive the accounting on the Friends of the Library, so it can be included in the 2008-09 audit.

Motion by Gray, seconded by Lake, to adjourn the meeting at 8:30 p.m. Motion carried unanimously.

Lawrence D. Gette

ATTEST:

LeAnn Brown, City Clerk