Garden County Nebraska

GardenCoNe.com

Oshkosh, Lewellen, Lisco

CITY OF OSHKOSH
MINUTES
JANUARY 11, 2007

The Mayor and City Council met in regular session January 11, 2007, at 7:30 p.m. Present: Brain Moffat, Larry Gette, Carol Lake, Jim Levick, and Mayor, Cindee Talley presiding. Also present: Administrator, Bill Campbell, Attorney, J. Leef, and Clerk, LeAnn Brown. Said meeting was held in open and public session.

Mayor Talley noted the posting of the open meetings act.

Motion by Lake, seconded by Gette, to approve the amended agenda and minutes of the previous meeting and waive the reading of the same. Motion carried unanimously.

Motion by Moffat, seconded by Levick, to approve the following bills. Motion carried unanimously.

Salaries-9,078.60, Post Master-309.00, Dodi Prohs-700.00, NE State Bank-2,590.14, Mark Livingston-74.00, Blue Cross Blue Shield-3,575.81, E&S Auto Supply-174.56, Embarq-273.96, Garden Co. News-215.73, Great Plains One Call Services-5.05, Keyart Communications-16.50, KM, Inc.-1,386.74, Lake Backhoeing-5,799.99, MassMutual-11,629.20, NE Dept. of Revenue-510.71, NPPD-2,706.97, Office Service-13.60, Oshkosh Public Library-1,294.42, Oshkosh Superette, 12.06, Oshkosh Tool House-104.80, Bill Patterson-425.00, Pesticide Education Publication-60.00, S.A. Foster Lumber Co.-13.99, Sedgwick Co. Landfill-3,086.72, Valley Tire & Service-2,144.10, J. Leef-450.00

OLD BUSINESS:

Motion by Lake, seconded by Moffat, to approve Resolution No. 05-06. Motion carried unanimously.

RESOLUTION NO. 05-06

WHEREAS, the Garden County Commissioners have stricken the delinquent taxes for Improvement on Leased Land in the amount of $333.44 for Vernon and Liz Campbell; and

WHEREAS, the Garden County Treasurer, Susan Hattendorf, requests that the City of Oshkosh include a resolution stating the City's delinquent solid waste special assessment of $95.55 also be stricken from the tax statement of Vernon and Liz Campbell; and

NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OSHKOSH, NEBRASKA, that $95.55 will be forgiven and stricken from Vernon and Liz Campbell at 16143 Road 42, Oshkosh, Nebraska.

The Mayor declared Resolution No. 05-06 duly passed and approved this 11th day of January, 2007.

Cynthia S. Talley, Mayor

LeAnn Brown, City Clerk

A motion by Moffat, seconded by Gette, to approve Resolution No. 01-07. Motion carried unanimously.

RESOLUTION NO. 01-07

WHEREAS, the State of Nebraska has vacated the following described real property, to wit:

A TRACT OF LAND LOCATED IN THE CITY OF OSHKOSH, ADJOINING LOT 9, BLOCK 6, MALOYS ADDITION TO THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 9; THENCE WESTERLY A DISTANCE OF 42.37 METERS (139.00 FEET); THENCE SOUTHERLY DEFLECTING 089 DEGREES, 48 MINUTES, 43 SECONDS LEFT, A DISTANCE OF 8.37 METERS (27.44 FEET); THENCE EASTERLY DEFLECTING 089 DEGREES, 57 MINUTES, 00 NORTHERLY DEFLECTING 090 DEGREES, (139.00 FEET); THENCE NORTHERLY DEFLECTING 090 DEGREES, 03 MINUTES, 00 SECONDS LEFT, A DISTANCE OF 8.54 METERS (28.02 FEET) TO THE POINT OF BEGINNING CONTAINING 358.13 SQUARE METERS (3854.86 SQUARE FEET), MORE OR LESS.

AND ALSO;

A TRACT OF LAND LOCATED IN THE CITY OF OSHKOSH, ADJOINING LOT 18, BLOCK 6, MALOYS ADDITION TO THE CITY OF OSHKOSH, GARDEN COUNTY, NEBRASKA, DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF LOT 18; THENCE WESTERLY A DISTANCE OF 40.84 METERS (134.00 FEET); THENCE SOUTHERLY DEFLECTING 089 DEGREES, 48 MINUTES, 43 SECONDS LEFT, A DISTANCE OF 6.98 METERS (22.89 FEET); THENCE EASTERLY DEFLECTING 088 DEGREES, 17 MINUTES, 04 SECONDS LEFT, A DISTANCE OF 40.86 METERS (134.06 FEET); THENCE NORTHERLY DEFLECTING 091 METERS (27.34 FEET) TO THE POINT OF BEGINNING CONTAINING 312.62 SQUARE METERS (3365.00 SQUARE FEET), MORE OR LESS; and

WHEREAS, the City of Oshkosh has determined that they have no need for said property and that the alley shall be vacated, and

NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OSHKOSH, NEBRASKA, that pursuant to the Nebraska Statutes, said property is vacated and the same shall revert to the owners of the abutting real estate one-half on each side thereof and become a part of such property.

The Mayor declared Resolution No. 01-07 duly passed and approved this 11th day of January, 2007.

Cynthia S. Talley, Mayor

LeAnn Brown, City Clerk

No correspondence has been received from the Dept. of Roads about lowering the speed limit on Highway 26. Attorney Leef will call them to remind them we are still waiting for an answer.

A motion by Moffat, seconded by Gette, to provide the following statement to the Garden County Commissioners: The City of Oshkosh Mayor and Council acknowledges that livestock is important to the economic well-being of the area and expresses an interest in supporting the livestock production and processing sectors. Motion carried unanimously.

NEW BUSINESS:

Sheriff Singpiel gave November and December's Sheriff Report, showing 95.5 hours spent in November and 79 hours spent in December in our town.

Jeff Kelly, Panhandle Area Development District representative, explained to the council, the Housing Rehabilitation Program. Applicant eligibility requirement forms are available at City Hall or call 308-436-6584, to receive a form by mail.

Motion by Lake, seconded by Levick, to approve a building permit for the Seventh Day Adventist Church. Motion carried unanimously.

Moffat made a motion, seconded by Gette, to approve Resolution No. 02-07. Motion carried unanimously.

RESOLUTION NO. 02-07

The Mayor and Council of the City of Oshkosh (hereinafter the City), in regular session assembled at the City Hall in Oshkosh, Nebraska, on this 11th day of January, 2007, hereby resolve as follows:

WHEREAS, the City desires to be represented by legal counsel for matters concerning the City of Oshkosh; and

WHEREAS, J. Leef is an attorney licensed to practice law in the State of Nebraska;

NOW THEREFORE, BE IT RESOLVED, that the City shall retain J. Leef as its legal counsel for a period of one year beginning January 1, 2007 and ending January 1, 2008, at the rate of $450.00 per month for preparation and attendance at one (1) city council meeting per month.

INTRODUCED AND PASSED THIS 11TH DAY OF JANUARY, 2007.

Cynthia S. Talley, Mayor

LeAnn Brown, City Clerk

Lake made a motion, seconded by Levick, to approve Resolution No. 03-07. Voting Yea: Lake, Levick, Gette. Voting Nay: Moffat. Motion carried.

RESOLUTION NO. 03-07

WHEREAS, the City of Oshkosh recognized that the cost of purchasing insurance to protect against loss is a significant budget item that impacts the operation of the City of Oshkosh; and

WHEREAS, the City of Oshkosh recognizes the need to utilize industry recognized risk management techniques to control the costs of protecting the City of Oshkosh from loss; and

WHEREAS, the City of Oshkosh recognizes that the needs related to the types of risk created by operations of the City of Oshkosh; the financial exposure to loss, and the cost/benefit of use of deductibles is continually changing; and

WHEREAS, the City of Oshkosh wishes to consider all available alternatives to protect the City of Oshkosh from loss; and

WHEREAS, self-insurance pooling among municipalities is a recognized method of financial risk transfer for protecting individual municipalities from loss; and

WHEREAS, the League of Nebraska Municipalities has created and sponsors the League Association of Risk Management (LARM) as a Risk Management Association under the authority of the Intergovernmental Risk Management Act and the Interlocal Cooperation Act; and

WHEREAS, municipalities throughout the State of Nebraska have joined LARM; and

WHEREAS, the council understands the rights and responsibilities of membership in LARM; and

WHEREAS, the council, after considering those rights and responsibilities is comfortable with the prospect of accepting a membership proposal from LARM;

NOW BE IT RESOLVED THAT THE CITY OF OSHKOSH, will make application for membership, and request a proposal for membership in the League Association of Risk Management; and

Such proposal for membership will be considered as an alternative to the purchase of insurance, by considering the proposal for membership separately from any bid process that the City of Oshkosh may utilize to assist in considering purchasing insurance.

Passed and approved this 11th day of January, 2007.

Cynthia S. Talley, Mayor

LeAnn Brown, City Clerk

Attorney Leef gave her opinion on the new sick leave and vacation ruling. Motion by Gette, seconded by Lake, to comply with the new ruling on this matter and change the Employee Handbook to reflect this. Motion carried unanimously.

Motion by Lake, seconded by Levick, to approve the Expense Form for employees and elected officials of the City of Oshkosh. Motion carried unanimously.

A policy on large purchases was discussed. No action taken.

Motion by Lake, seconded by Moffat, to approve Mayor Talley's appointment of Brian Ulrich to the Economic Development Advisory Committee. Motion carried unanimously.

Mayor Talley gave her report.

Motion by Moffat, seconded by Gette, to approve Mayor Talley's appointment of Bill Patterson, to the Panhandle Area Development District board. Motion carried unanimously.

Motion by Levick, seconded by Lake, to adjourn the meeting at 9:00 p.m. Motion carried unanimously.

Cynthia S. Talley, Mayor

LeAnn Brown, City Clerk