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Legals 03-24-11

NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of Auburn will hold a public hearing on the Board of Public Works Reconciliation Statements for Electric and Water Departments prior to adoption.  Under Neb Rev Stat 18-2807 a public hearing is required when the difference between the adopted proprietary budget for the previous fiscal year and the actual expenditures and revenues for such fiscal year is greater than 10 percent.  Said public hearing will be held on March 28, 2011 at 7:15 pm at the City Council Chambers, 1101 J Street.  The Board of Public Works Reconciliation Statement is available for public review at City Hall during normal business hours and on the Board of Public Works website  HYPERLINK “http://www.auburnbpw.com” www.auburnbpw.com under “What’s New at BPW?”.
Herald - March 24




Public Notice
Notice of Public Hearing for Lease of Property Owned by Nemaha County, Nebraska.
Notice is hereby given that pursuant to Neb. Rev. Stat. §23-107.01, a public hearing will be held prior to the leasing of any county owned real estate, not required for county purposes.
A public hearing for leasing specific area(s) at the Nemaha County Multi-Plex Building will be held on April 13, 2011 at 9:00 a.m., Commissioners Chambers, Suite 201, Nemaha County Courthouse, Auburn NE. The Board of Commissioners is seeking to lease Suite C located in the SW corner (adjacent to the men’s rest room).
The address of the property to be leased is 601 J Street, Auburn NE 68305 and the legal description of property is as follows:  Beginning at the Southwest corner of Lot 1 of 17 in the Southwest Quarter of Section 15 Township 5 North Range 14 in Nemaha County, Nebraska, said point being on the east edge of “J” Street of the City of Auburn, Nemaha County, Nebraska; thence due South along the East side of said “J” Street 225 feet to a point; thence due East 400 feet; thence due North 225 feet to a point on the South boundary of Lot 2 of 17 in the Southwest Quarter of Section 15; thence due West along the South side of said Lot 2 of 17 a distance of 400 feet to the place of beginning, all in the Southwest Quarter of Section 15 Township 4 North Range 14 East of the 6th P.M. in Nemaha County, Nebraska containing approximately 90,000 square feet according to survey, together with all existing improvements thereon.  
Any interested party(ies) may appear and speak for or against the leasing and raise any issue regarding the fair market value of the property as it has been determined by the Nemaha County Board of Commissioners.
Joyce Oakley,
County Clerk for the County of Nemaha, Nebraska
Herald - March 24, 31




APPLICATION FOR
REGISTRATION OF
TRADE NAME
John A. Gale, Secretary of State
Room 1301 State Capitol, P. O. Box 94608, Lincoln, NE 68509
(402) 471-4079
http://www.sos.state.ne.us

Trade Name: The American Dream Real Estate Company
Name of Applicant: CRM, Inc.
Address: 820 Central Ave., Auburn, NE 68305
Applicant is a Corporation.
Date of first use of name in Nebraska: June 16, 1995
General nature of business: Real Estate
Carla J. Mason
Herald - March 24




PUBLIC NOTICE
Village of Brownville is taking bids for summer mowing of the village properties. Water tower grounds, sewer plant, Capital Square Park, fire hall grounds, some portions along 136 highway. Deadline for bids to be turned in is April 8, 2011. Contact Martin Hansen, Brownville 402-825-3501 or mail to Village of Brownville, P.O. Box 67, Brownville, NE 68321.
Herald - March 24, 31, Apr. 7




NOTICE OF MEETING
A special meeting of the Nemaha County Hospital Board of Directors will be held at 6 p.m. on Tuesday, March 29th, 2011 in the Conference Room at the Nemaha County Hospital, Auburn. An agenda for the meeting is available at the Administrator’s Office and in lobby of the Hospital.
Marty Fattig, CEO
Herald - March 24
APPLICATION FOR
REGISTRATION OF
TRADE NAME
John A. Gale, Secretary of State
Room 1301 State Capitol, P. O. Box 94608, Lincoln, NE 68509
(402) 471-4079
http://www.sos.state.ne.us

Trade Name: Barbee Painting
Name of Applicant: Monty Barbee
Address: 1405 26th St., Lot 13, Auburn, NE 68305
Applicant is Individual.
Date of first use of name in Nebraska: March 1, 1997
General nature of business: Painting & Staining Interior/Exterior

Monty Barbee
Herald - March 24



Public Notice
The County of Nemaha, State of Nebraska will receive a sealed bid for a Corrugation Metal Pipe until 9:30 a.m., April 13, 2011. Bid must be sent or delivered to the office of the Nemaha County Clerk, 1824 N Street, Ste 201, Auburn NE 68305 by the deadline.  All sealed bids must be marked on the outside of the envelope:  “Sealed Bid, Corrugation Metal Pipe”.
Culverts:
1 - 30’ x 15” 16 gauge;
17 - 30’ x 18” 16 gauge;
12 - 30’ x 24” 16 gauge;
2 - 20’ x 24” 16 gauge;
6 - 30’ x 30” 14 gauge;
1 - 20’ x 30” 14 gauge;
8 - 30’ x 36” 14 gauge;
2 - 20’ x 36” 14 gauge;
2 - 20’ x 42” 12 gauge;
3 - 40’ x 48” 12 gauge;
5 - 30’ x 48” 12 gauge;
2 - 20’ x 48” 12 gauge;
1 - 40’ x 60” 10 gauge
Bands:
2 - 18” 2’;
8 - 24” 2’;
11 – 30” 2’;
8 - 36” 2’;
8 – 48” 2’ bands
Diaphragm:  1 – 48”  
Bids will be simultaneously opened publicly and in the presence of the bidders or representatives of the bidders. No bidder may withdraw their bid for a period of 30 days after the time of receiving bids. The Board of Commissioners of the County of Nemaha, Nebraska reserves the right to waive informalities and irregularities and to make awards on bids which, in their opinion, serve the best interest of the County of Nemaha, Nebraska or to reject any or all bids.
Joyce Oakley
Nemaha County Clerk
Herald - March 24, 31




JOHNSON-BROCK BOARD OF EDUCATION REGULAR BOARD OF EDUCATION MEETING
MARCH 14, 2011 – 7:30 P.M.
SUPERINTENDENT’S OFFICE

Members Present: Duane Caspers, President, Darren Oestmann, Vice-President,  Keith Bohling, Secretary, David Bohling,  Arlen Grotrian,  Lonnie Neddenriep.            
Also Present: Arlan R. Andreesen, Superintendent, Joetta Sims, Board Recorder, Karen Johns, Irene Seeba.
The regular meeting of the Johnson-Brock Board of Education, District #N-23, was convened in the Superintendent’s Office at 7:30 p.m. by President Duane Caspers.  Roll call: D. Bohling, here; K. Bohling, here;  Caspers, here; Grotrian, here; Neddenriep, here; Oestmann, here.  Advance notice of the meeting was legally posted, and it was noted that the Open Meeting Law was posted on the south wall.
Moved by Arlen Grotrian to accept the agenda as presented.  Seconded by Darren Oestmann.  Roll call vote:  All ayes.  Motion carried.
Moved by Keith Bohling to accept the minutes of the regularly scheduled Board of Education meeting held Monday, February 14, 2011.  Seconded by David Bohling.  Roll call vote: All ayes. Motion carried.
Moved by Lonnie Neddenriep to accept the claims as presented in the amount of $44,644.78 from the General Fund.  Seconded by Darren Oestmann.  Roll call vote: All ayes. Motion carried.
Card Services    $21.04
Hasler    $83.85
Verizon Wireless    $46.95
Windstream    $132.79
Black Hills Energy    $4,958.46
Acme Omaha Sprinkler Co.    $292.55
Cathryn Adams    $330.48
American Recycling     $268.00
Auburn Newspapers    $216.23
Barbara Billesbach    $250.00
Board of Public Works    $3,324.59
Casey Agency    $46.00
Cash-Wa Distributing Co.    $177.00
Dietze Music House    $21.50
E.S.U. No. 4    $180.00
E.S.U. No. 4    $16,026.33
E.S.U. No. 6    $429.95
Edwards Chemicals    $1,372.88
Eggers Brothers, Inc.    $128.99
Electronic Contracting Co.    $270.00
First Bankcard    $2,490.72
First Bankcard    $17.24
Flex One    $114.00
Flower Country & Gifts    $30.00
Grainger    $81.95
J.W. Pepper & Son, Inc.    $148.11
J-B Reimbursement Acct.    $771.41
Johnson Quik Stop    $1,994.32
Kerner Tue Value Hardware    $37.91
Lueders Petroleum Inc.    $3,298.21
Madison National Life Ins.    $539.51
Mary Malcolm    $823.65
Menards    $23.98
Modern Methods, Inc.    $1,308.56
NASB    $85.00
NASB    $2,099.00
Nebraska Powerschool Users    $45.00
Omaha Truck Center, Inc.    $601.57
Quill Corporation    $416.93
Ram Exterminators    $50.00
Sack Lumber Company    $11.98
School Specialty    $4.68
Irene Seeba    $70.96
Sunrise Publications, Inc.    $26.40
The Thompson Co.    $391.76
Wagner’s Feed Store    $79.00
Zito Media    $505.34
Checking Account Total    $44,644.78
Grand Total    $44,644.78
The Principal’s written report included information regarding the State Speech competition to be held in Kearney on March 25 and the FBLA Spring Leadership Conference to be held in Omaha April 7-9.  Both events require Board approval because overnight stays are required.  Mrs. Kelsay reported that Mrs. Broady and Shane Colby will attend the Albert H. Small Student/Teacher Institute in Normandy, France June 18-28.  Teacher evaluations will be completed by the end of March.  Mrs. Kelsay reported Johnson-Brock’s share of receipts for hosting the C1-1 Subdistrict Basketball tournaments as $391.68 for the girls and $1030.25 for the boys.  Mrs. Kelsay noted that NeSA on-line testing for reading, math, and science will be conducted March 28 through May 6.
The Superintendent’s Report included informing the Board that teacher contract renewals would be issued March 15 and due back to the Superintendent by March 31.  Mr. Andreesen inquired whether he should seek bids to replace the front office windows in the 57 building as a summer project, and the Board indicated he should do so.  Snow days were discussed, and the revised schedule will be school to be held April 21 in place of an inservice day, May 18, and final student day May 19.  Teacher inservice will be held May 23 and 24.  
Mr. Andreesen expressed appreciation to the Village for assistance in snow removal and recommended the Board continue to pay the Village $250 in payment of their assistance next school year.  The revised school calendar for 2011-2012 was discussed.  Mr. Andreesen explained the update of Board Policy 5110.7 – Homeless Students was a recommendation of the Nebraska Department of Education during a recent Title I program review.  Discussion was held regarding changing the date of the June Board of Education meeting to allow Jeff Koehler to attend.
Continuation of March 14, 2011 Official Board Minutes
Moved by Arlen Grotrian to approve the overnight stay for the State Speech competition March 24, and for the FBLA State Leadership Conference April 7 and 8.  Seconded by Lonnie Neddenriep.  Roll call vote: All ayes. Motion carried.
Approval of wage increase for support staff for 2011-2012 was tabled pending further financial information for next year.
Moved by Keith Bohling to approve an agreement with St. Matthew Lutheran Church for use of the church building in case of an emergency.  Seconded by David Bohling.  Roll call vote: All ayes. Motion carried.
The principal’s contract and salary increase for 2011-2012 was tabled until Mrs. Kelsay can be in attendance.
Moved by David Bohling to continue receiving the Distance Learning FFA class from Johnson County Central School for 2011-2012.  Seconded by Arlen Grotrian.  Roll call vote: All ayes. Motion carried.
Moved by Darren Oestmann to approve the revised 2011-2012 school calendar as presented.  Seconded by Keith Bohling.  Roll call vote: All ayes. Motion carried.
Moved by David Bohling to approve the first reading of Board  Policy 5110.7, Homeless Students.  Seconded by Darren Oestmann.  Roll call vote: All ayes. Motion carried.
Moved by Arlen Grotrian to enter into executive session to protect public interest and prevent needless injury to reputation of an individual at 8:06 p.m.  Seconded by Keith Bohling.  Roll call vote: All ayes. Motion carried.
Moved by Darren Oestmann to return to regular session at 8:43 p.m.  Seconded by David Bohling.  
Roll call vote: All ayes. Motion carried.
Moved by Arlen Grotrian to adjourn the regularly scheduled March Board of Education meeting at 8:44 p.m.  Seconded by Darren Oestmann.  Roll call vote: All ayes. Motion carried.
The next regularly scheduled meeting of the Johnson-Brock Public Schools Board of Education will be April 11, 2011 at 8:00 p.m.




Public Notice
The Board of Educational Service Unit 4 held its regular meeting on Monday, March 14, 2011, at 5:15 p.m. at the Educational Service Unit in Auburn, Nebraska. The following claims were paid for the month of March:
General Fund    $56,416.34
Payroll    $339,422.98
NCECBVI    $34,627.18
Federal Programs    $7,870.12
The Board of Educational Service Unit 4 will meet in regular session on Monday, April 11, 2011, at 5:15 p.m. in the conference room at the office of Educational Service Unit 4, 919 16th Street, Auburn, Nebraska. The Region 4 Preschool Planning Team will meet on Wednesday, March 30, 2011, at 6:30 p.m. at the ESU 4 Learning Center, 1109 R Street, Auburn, Nebraska. Agendas for both meetings, kept current, are readily available for public inspection at the office of the Administrator during normal business hours.
www.esu4.org
Herald - March 24




LEGAL NOTICE
IN THE DISTRICT COURT OF NEMAHA COUNTY, NEBRASKA
Case Number CI 11-17
IN RE NAME CHANGE OF Joshua Paul Lemrick
Notice is hereby given that on the 14th day of February, 2011, a petition was filed in the District Court of Nemaha County, Nebraska, the object and prayer of which is for the change of the petitioner’s name from Joshua Paul Lemrick to Joshua Paul Nichols.
A hearing will be had on said petition before the Honorale Daniel E. Bryan, in Courtroom No. 1, 1824 N Street, Auburn, NE on the 20th day of April, 2011 at 9:00 a.m., or as soon thereafter as will be convenient for the Court and that unless sufficient cause is shown to the contrary, the petitioner’s name will be changed from that of Joshua Paul Lemrick, to Joshua Paul Nichols.
Joshua Paul Lemrick
2422 O Street
Auburn, NE 68305
402-274-9842
Herald - March 17, 24, 31, Apr. 7




STATE OF NEBRASKA
DEPARTMENT OF NATURAL RESOURCES
NOTICE OF APPLICATION A-18754
Nemaha County        Water Division 1-F
On March 9, 2011, Craig A. and Lori J. Behrends filed in the Department of Natural Resources (Department) application A-18754 for a permit to  FORMTEXT appropriate water.
Summary of Application:
Type: FORMTEXT Natural flow out-of-stream use
Purpose: Irrigation
Source: Muddy Creek
Point of Diversion: SENW S11 T4N R13E
Location of Use: N½NW¼ and NW¼NE¼ S11 T4N R13E
Amount: 1.07 cubic  FORMTEXT feet per second (480 gallons per minute)
Additional project information and procedures for objection may be obtained by contacting the Surface Water Permits section of the Department at (402) 471-2363 or through the Department’s website at www.dnr.ne.gov/legal/SW_NoticeofAppsfiled.html.
Objections must be received by the Department by 5:00 p.m. on May 2, 2011.
Date of Notice March 17, 2011
March - 17, 24, 31




notice of trustee’s sale
Notice of Trustee’s Sale TS No.: 10-0045256 TSG No.: 10-6-160034A The following described property will be sold at public auction to the highest bidder at the East front door of the Nemaha County Courthouse, 1824 North Street, Auburn, NE, on the April 18, 2011 between the hours of 9 A.M. and 5 P.M. (10:00 AM): LOT 1, BLOCK 32, OF HOWE AND NIXON’S SECOND ADDITION TO THE CITY OF AUBURN, NEMAHA COUNTY, NEBRASKA. All subject to any and all: (1) real estate taxes, (2) special assessments, (3) easements, covenants, restrictions, ordinances, and resolutions of record which affect the property, and (4) unpaid water bills, (5) prior mortgages and trust deed of record and (6) ground leases of record. The purchaser is responsible for all fees or taxes. This sale is made without any warranties as to title or condition of the property. By: Grady McDonald, Team Member RECONTRUST COMPANY, N.A., Trustee 2380 Performance Dr, TX2-984-0407 Richardson, TX 75082 Phone: (800) 281-8219 Fax: (805) 553-6392 ASAP# 3926933 03/10/2011, 03/17/2011, 03/24/2011, 03/31/2011, 04/07/2011
Herald - March 10, 17, 24, 31 Apr. 7




NOTICE
IN THE COUNTY COURT OF NEMAHA COUNTY, NEBRASKA
Estate of MARTIN DUANE HANNAFORD, Deceased
Estate No. PR11-7
Notice is hereby given that a Formal Petition for Probate of Will of said Deceased, Determination of Heirship, and Appointment of Deborah Grotrian as Personal Representative has been filed and is set for hearing in the County Court of Nemaha County, Nebraska, located at 1824 N Street, Auburn, Nebraska 68305 on March 29, 2011, at or after 1:00 o’clock, p.m.

Martin D. Hannaford, Jr., Petitioner
73128 645th Ave.
Brownville, NE 68321
(402) 274-8742

Albert G. Fuller, #11405
Fuller Law Office
910 13th Street
Auburn, NE 68305
(402) 274-4321
Herald - March 10, 17, 24




NOTICE OF TRUSTEE’S SALE
The following described property will be sold by John W. Voelker, Successor Trustee, at public auction to the highest bidder at the east door of the Nemaha County Courthouse in Auburn, Nemaha County, Nebraska, April 19, 2011, at 10:00 a.m.
A PARCEL OF LAND OUT OF AND A PORTION OF THAT PARCEL DESCRIBED IN NEMAHA COUNTY SURVEYOR’S FILE NO. 5, APPLICATION NO. 185, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER OF SAID SECTION 28, TOWNSHIP 5 NORTH, RANGE 14 EAST OF THE 6TH P.M. IN NEMAHA COUNTY, NEBRASKA; THENCE S00 DEGREES 00’00”W AND ALONG THE WEST LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 792.15 FEET TO THE POINT OF BEGINNING; THENCE S83 DEGREES 24’40”E AND ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 513.92 FEET; THENCE S06 DEGREES 36’59”W AND ALONG THE EAST LINE OF SAID PARCEL A DISTANCE OF 200.00 FEET; THENCE N 83 DEGREES 24’11”W A DISTANCE OF 490.73 FEET TO A POINT ON THE CENTERLINE OF “Q” STREET EXTENDED; THENCE N00 DEGREES 00’00”W AND ALONG THE EXTENDED CENTERLINE OF SAID “Q” STREET A DISTANCE OF 201.26 FEET TO THE POINT OF BEGINNING.
The highest bidder will deposit with the Trustee, at the time of the sale, a personal or cashier’s check in the amount of $5,000.00, with the full purchase price, in certified funds, to be received by the Trustee by 5:00 p.m. on the day of the sale, except this requirement is waived when the highest bidder is the beneficiary. The purchaser is responsible for all prior liens, fees and taxes, including the documentary stamp tax. This property is sold “as is” and the sale is made without any warranties as to title or condition of the property and is subject to special assessments, easements, covenants, restrictions, ordinances and resolutions of records which affect the property.
John W. Voelker,
Successor Trustee
Voelker Law Office
John W. Voelker, Attorney
1010 Central Ave.
Nebraska City, NE 68410
(402) 873-7999
Herald - March 10, 17, 24, 31, Apr. 7




NOTICE OF INFORMAL PROBATE AND APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS
IN THE COUNTY COURT OF NEMAHA COUNTY NEBRASKA
IN THE MATTER OF THE ESTATE OF CHARLES DEAN ADAMS, Deceased
Case No. PR11-6
Notice is hereby given that on the 1st day of March, 2011, in the Nemaha County Court, Auburn, Nebraska, the Registrar issued a written Statement of Informal Probate, and Cydene G. Adams, 1330 W. Chicago Street, Chandler, Arizona 85224 has been appointed Personal Representative of this estate. Creditors of this estate must file their claims with this Court on or before the 10th day of May, 2011, or be forever barred.
Nancy Hall
Clerk of the County Court

James H. Cain #15527
Attorney for Personal Representative
1920 “O” Street
Auburn, NE 68305
(402) 274-3938
Herald - March 10, 17, 24

 

MINUTES OF A REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF PERU, NEBRASKA ON FEBRUARY 16, 2011 AT 7:00 P.M.
Present were: Mayor Lesley Ryan and Council Members:  Jay Moran, Judie Douglas, Joe Whisler and Ken Hastings.   Upon roll call by the Clerk, a quorum was declared.
Mayor Ryan called the meeting to order and informed the public of the location of the posting of the Nebraska Open Meetings Act.
The Council reviewed the minutes from the January 10, 2011 1&6 Year Street Plan Meeting.  Council Member Whisler made motion to accept the minutes as written.  Council Member Moran seconded the motion for acceptance.  Vote indicated: “AYE” Moran, Whisler and Hastings. “ABSTAIN” Douglas.   Motion: carried.   
The Council reviewed the minutes from the January 10, 2011 Regular Council Meeting.  Council Member Moran made motion to accept the minutes as written.  Council Member Hastings seconded the motion for acceptance.  Vote indicated: “AYE” Moran, Whisler and Hastings. “ABSTAIN” Douglas.   Motion: carried.
The Clerk reported the November 2010 sales tax deposit was $2,629.28.  Correspondence was received Dana & Cole which included the September 30, 2010 Financial Statement.
The monthly claims were reviewed.  Council Member Whisler made motion to accept the claims as presented.  Motion was seconded by Council Member Hastings.  Vote indicated: “AYE” Douglas, Hastings and Whisler.  “ABSTAIN” Moran.  Motion: Carried.  January claims paid are as follows:
OPPD-$2,193.69(gen,sts,p&r,fr); Windstream-$240.00(gen,fr); Black Hills Energy-$272.87(gen,fr); AT&T-$41.20(gen); Nemaha Co. Treasurer-$10.00(sts);Oce’ Imagistics-$23.76(gen); The Cleaners-$28.00(gen); Casey’s-$1,169.52(sts,rur fr); Peggy Kuser, CPA-$625.00(gen); School Dist. #29-$1,180.00(gen); PeopleService-$7.541.00(wtr); JEO-$1,000.00(wtr,); Auburn Newspapers-$131.35(gen);American Recycling-$2,085.00(gen,sts); Pitney Bowes-$107.99(gen,wtr); Decker’s Food Ctr-$17.84(sts);  Nestor & Mercure-$240.00(sts); Moran Bros. Excavating-$1,090.00(wtr); Municipal Supply-$1,157.38(wtr); Egger’s Bros.-$276.92(sts); Schneider OK Tire-$27.20(sts); Glen Hogue-$397.50(sts); Nemaha County-$50.00(gen); SE Area Clerk’s Assoc-$10.00(gen); Southeast Design Co.-$60.00(sts); Concrete Industries-$577.71(sts); PalFleete Truck Equip.-$342.82(sts); Meyer Earp-$156.00(sts); Northern Toll & Equip.-$1,256.39(sts); AFLAC-$113.02(gen); United Life Ins.-$130.10(gen); Matheson Tri-Gas, Inc.-$31.18(res); NEMSA-$750.00(res)
Abbreviations = General(gen), Streets(sts), Water(wtr), Sewer(swr), Parks & Rec(p&r), City Fire(fr), Rural Fire(rur fr), Rescue(res)
No January water report was provided by PeopleService.
Mayor Ryan presented her Mayor’s report for January.  The city maintenance workers performed the following work during January: Plowed, maintained the white goods site and compost area, equipment maintenance, and did water turn-ons and turn-offs.  Mayor Ryan also touched base on possible improvements to take place on Park Avenue in conjunction with Peru State College which she will discuss later in the meeting.
JEO was present to share the CDBG funded water study results.  No action was taken and topic is tabled at this time.
Fire Department applications were received from Rex Osborne and Christopher Kelly.  Mayor Ryan said if the Council approves the applications, it is contingent upon the Fire Department accepting the applicants at their next meeting.  Council Member Moran made motion to approve the fire department applications from Rex Osborne and Christopher Kelly.   Motion was seconded by Council Member Whisler.  Vote indicated: “AYE” All.  Motion: Carried.
Fire Chief Brent Lottman submitted information regarding an automatic aid agreement between Auburn and Nemaha and the City of Peru.   This particular agreement has Peru on the receiving end of aid.  Council Member Hastings made motion to accept the Automatic Aid Agreement between Auburn and Nemaha and the City of Peru.  Motion was seconded by Council Member Whisler.  Vote indicated: “AYE” All.  Motion: Carried.
Council Member Moran brought forth discussion to approve Employment Practices Liability Insurance and expressed he believes it would make good sense for the City to have this coverage.  Council Member Whisler said he thought we should have had this coverage in place before now.  Council Member Hastings agreed that it is a good idea to have the coverage in place.  Council Member Whisler made motion to approve the Employment Practices Liability insurance coverage.  Motion was seconded by Council Member Douglas.  Vote indicated:  “AYE” All.  Motion: Carried.
Mayor Ryan shared with the Council that Nancy Brown, widow of Sid Brown, has purchased new playground equipment to be placed just east of the creek at 4th & California St. in lieu of setting up the playground equipment from the old elementary school.  The playground will be named “Sid Brown Memorial Park” and anticipated erection date is April 15, 2011.  Mayor Ryan said the Council needs to determine what to do with the old playground equipment and said we have plenty of room to store the equipment at the east shop until the Council decides how they want to proceed with selling the equipment.  Council Member Hastings asked if anyone knew the value of the equipment and the Clerk said it would cost between $25-30,000 to purchase the equipment new.  Council Member Whisler made motion to move the playground equipment to the east shop.  Motion was seconded by Council Member Hastings.  Vote indicated:  “AYE” All.  Motion: Carried.
Mayor Ryan brought forth discussion regarding possible improvements to be made to Park Avenue in conjunction with Peru State College.  Mayor Ryan shared that regarding this project, the City has been advised to never take back ownership of Park Avenue from the State as the City does not have the financial ability to perform overlays for eternity on this section of street.  Council Member Moran asked if we would need to contact the State to tell them we do not want ownership of Park Avenue.  Mayor Ryan said we do not and that if we wanted to take over ownership, then maybe the State would do major improvements to the Avenue prior to relinquishing ownership.  The City Clerk said she believed that what we are presently trying to find out is if we are allowed to make improvements to Park Avenue with the State actually owning it.  Peru State College President Dan Hanson said we are trying to find out if there are any grant funds out there that could come into play with the existing ownership of Park Avenue and he believes we should continue trying to come up with a plan so this area can be improved.  Mayor Ryan said in order to be considered for funding, we would need to have a study done and her concern is who is going to pay for the study.  Council Member Moran asked who is deciding what we want as far as improvements go for Park Avenue.  Mayor Ryan said there is a committee and all council members were invited to attend the last meeting.  Moran said he would like to attend future meetings.  Mayor Ryan reiterated that presently we do not know of what funding would be available in this situation and we can’t apply for funding unless we have a plan.  PSC President Dan Hanson said we need to find out the cost to design a plan, but before we do this, we need to have another meeting to determine exact improvements.  Discussion followed about the possibility of having a public meeting at City Hall to hear ideas from the community.
Regarding the JEO bid request for engineering and bid letting for the north 5th Street project, Council Member Moran said it would make most sense to combine the street work with the drainage work.  The Clerk asked if she could contact JEO and have them give us a price for the engineering work and bid letting work.  Mayor Ryan and Council asked that the Clerk contact JEO.
Peru State College submitted a request to relocate the fire hydrant situated just west of the west doors at the Student Center so heavy equipment can get into the area to work on the renovation of Morgan Hall.  Council Member Moran said it depends on which side the main is on.  Council Member Hastings said he discussed this with Sheriff Lottman and said 10-30 feet would not be a problem.  His only concern was any damage that may result from heavy equipment going over the line.  Council Member Moran believed the line is deep enough that it should not be an issue.  Moran also wanted to make sure the College is paying for all expenses relating to this hydrant relocation.  The Clerk assured him that based on an e-mail from Paul Pate, the College is taking care of all charges incurred.  Council Member Moran made motion to allow PSC to move said hydrant 10’ west.  Motion was seconded by Council Member Whisler.  Vote indicated:  “AYE” All.  Motion: Carried.
Regarding the PeopleService contract renewal, Council Member Moran shared with the Council that the contract expires on October 1st and if we want to make changes to the contract or if we want to get out of the contract we would need to notify PeopleService by July 1, 2010.  Mayor Ryan said Dave Hunter would be willing to go on a month-to-month basis if we wanted Auburn Board of Public Works to provide water service until we figure something out.  Moran said that would be an option and another option would be for PeopleService to do less since they don’t do everything that is in the contract anyway.  Moran said he doesn’t think the like-kind service should be in the contract and that our crew can take over mowing the water plant, sewer lagoons and the water tower.  Council Member Whisler said we need to come up with some more options and talk about this again.  Mayor Ryan said she spoke with Donnie Wamsley from Nemaha and that they may be willing to coop a water operator with neighboring communities.  Mayor Ryan also said she could get a price from Auburn Board of Public Works for a month-to-month service or a longer term commitment.  Council Member Hastings said we need to know by the June council meeting since PeopleService needs to be notified by July 1st of our intent.  Whisler said we need to gather more information and visit this topic next month before we jump in to anything.  Moran said he really doesn’t have a problem with Dan operating the water plant, but everything else should not be a part of the contract.  
ADJOURN
Lesley Ryan, Mayor
Attest:    
Cindy L. Moran, City Clerk
Herald - March 24