Published On: Wed, Nov 23rd, 2011

Legal Notices 11-23-11

NOTICE OF MEETING
Community Redevelopment Authority
Public Notice is Hereby Given that a meeting of the Community Redevelopment Authority of the City of Hartington, Nebraska will be held on Monday, November 28th, 12:00 PM, in the Council Chambers, 107 W. State Street, Hartington, Nebraska, which meeting will be open to the public. An agenda for such meeting, kept continually current, is available at the Office of City Clerk during normal business hours.
Brandon Baller
CRA Secretary/Treasurer
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HARTINGTON CITY
COUNCIL
Minutes
October 25, 2011
The Hartington City Council met for their regular meeting and public hearing on October 25, 2011 at the city hall beginning at 7:00 P.M. Notice of time and place of the meeting and public hearing were given in the advance notice by posting. Notice of time and place of the meeting and public hearing were communicated in the advance notice to the mayor and council.
Present were Mayor Peitz; Councilpersons Burbach, Kruse, Addison, and Christensen; Legal Adviser Pier; and City Clerk – Treasurer Lenzen.
Mayor Peitz opened the public hearing at 7:05 P.M. The public hearing was for a loan application for LB840 funds for a start up business, Trail Manor Manufacturing Company LLC. The public hearing was closed at 7:13 P.M.
Mayor Peitz called the regular meeting to order at 7:15 P.M. followed by all present reciting the Pledge of Allegiance. Mayor Peitz announced that the open meeting law poster was on the back wall of the council room. He also reminded those present to silence their cell phones.
A motion to approve the minutes of the October 10, 2011 meeting was made by Kruse and seconded by Christensen. A roll call vote was taken. Kruse – yes, Christensen –yes, Burbach – yes, and Addison – yes. Motion carried.
The following building permits were presented and reviewed. J. Hiland – addition, J. McCain – storage shed, Stop N Go – roof over fuel pumps, and J. Hochstein – house. A motion to approve the building permits was made by Burbach and seconded by Kruse. A roll call vote was taken. Burbach – yes, Kruse – yes, Addison – yes, and Christensen – yes. Motion carried.
Resolution 20111025 – application for CDBG funds for a start up business was introduced by Councilman Burbach. The direct loan amount is $505,000.00. A motion was made by Kruse and seconded by Christensen to pass Resolution 20111025. A roll call vote was taken. Kruse – yes, Christensen – yes, Burbach – yes, and Addison – yes. Motion carried.
The LB840 loan for a start up business was the next item on the agenda. The loan would be to Trail Manor Manufacturing Company LLC for $100,000.00 for three years at 4% interest. The Revolving Loan Fund committee recommends that no interest and no payments be due for six months. Holly Quinn, NENEDD; Chris Miller, Revolving Loan Fund Committee; and Don Heimes, representing Bob Eickhoff were present to answer any questions. Some concerns and questions that arose were the collateral of the company. Mr. Heimes responded that the collateral would be real estate, equipment, inventory and receivables. Another question was what place would the city be in line as a lien holder. Holly Quinn said the city would be third in line. Councilman Burbach asked if the city could request a security from the company. Ms. Quinn said yes they could.
A motion was made by Christensen and seconded by Addison to approve the loan for LB840 funds in the amount of $100,000.00 contingent on the approval of financing from NE Department of Economic Development, NENEDD, and Cedar Know Public Power District. A roll call vote was taken. Christensen – yes, Addison – yes, Burbach – yes, and Kruse – yes. Motion carried.
Peg Anderson, representing EMC – Tom Tideman Insurance, presented a renewal review of the city insurance package. The policy has taken a 3% increase and the annual premium is $72,216.25. A motion was made by Kruse and seconded by Burbach to approve the renewal package for the EMC insurance. A roll call vote was taken. Kruse – yes, Burbach – yes, Addison – yes, and Christensen –yes. Motion carried.
A sign permit from Nissen Wine, Inc. was reviewed. A motion to approve the permit was made by Addison and seconded by Kruse. A roll call vote was taken. Addison – yes, Kruse – yes, Burbach – yes, and Christensen – yes. Motion carried.
A special designated liquor license for Nissen Wine, Inc. was submitted for the dates of November 18 and 19, 2011. A motion to approve the license was made by Burbach and seconded by Christensen. A roll call vote was taken. Burbach – yes, Christensen –yes, Kruse – yes, and Addison – yes. Motion carried.
Glenn Kathol visited with the council regarding a retaining wall and fence he had installed along the drainage ditch south of his property on S. Cedar Avenue. The retaining wall is settling and Mr. Kathol would like to work with the city to establish a better design for the area. The council agreed they would work with Mr. Kathol on this issue.
Jerry Dendinger was on the agenda regarding bulk tanks within the city limits. Mr. Dendinger would like the council to pass an ordinance denying any bulk tanks within the city limits. The council feels this is not necessary as each building permit needs to be approved or denied by the council. Each permit is different and is acted on depending on all circumstances of the permits. Mr. Dendinger feels that since the city is not taking any action he will.
The LB840 funds for Westfield Acres was discussed. As presented, earlier funds would be used for an 8” water main and 4” hookup, fencing and refencing, sidewalk/path, tree relocation, and 24 viburnam bushes to replace the pine trees that were relocated. The total of all these projects was $37,500.00. At the beginning, the request for these funds was to be a loan. Mr. Kathol is now requesting that the funds be allowed to stay with the project for the budgeting of Phase 2 of Westfield Acres, and not have to be paid back. A motion was made by Christensen and seconded by Addison for $37,500.00 of LB840 funds to be used to pay for projects incurred in Phase 1 of Westfield Acres and continue for the budgeting of Phase 2. A roll call vote was taken. Christensen – yes, Addison – yes, Burbach – yes, and Kruse – yes. Motion carried.
The Starmark Insurance renewal was discussed. The insurance package has increased by 12%. A motion to renew the policy was made by Addison and seconded by Kruse. A roll call vote was taken. Addison – yes, Kruse – yes, Christensen –yes, and Burbach – yes. Motion carried.
The following department reports were given.
POLICE – Councilman Burbach: None
PARK/POOL – Councilperson Addison: None
COMPLEX – Councilman Kruse: The LED segments were replaced in the scoreboard. A cordless microphone was purchased with each school sharing the cost. A request for the auditorium basement rental fee be waved during Candlelight Christmas as Cedar Catholic would like to use the facility for a fund raising event. The council waved the rental fee.
FIRE/AMBULANCE – Councilman Christensen: None.
GENERAL – Mayor Peitz: The shelter house roof shingle project is completed. The council decided that down spouts and gutters are needed.
Clerk Lenzen reported that the wrestling squad has requested using the basement of the city auditorium again this year. Trent Becker gave a quote of $175.00 for the signage on the city office door. Lloyd Pedersen reported the need for the Hartington Public Cemetery be sprayed this fall for weeds. X-Pert Lawn will be contacted to see if it is too late in the season this year. If so, schedule the project for next spring.
The following bills were presented for payment.
GENERAL: Don Miller Land Company 66.00.
STREETS: NPPD 45.75, Source Gas 25.20, and Team 1,220.00.
WATER: Diggers 21.32, F. Lammers – deposit refund 100.00, C. Sudbeck – deposit refund 100.00, and Dollar General 21.00.
SEWER: Diggers 21.32, R. Hamilton 335.07, Source Gas 60.68,Gerhold 308.00, and Hach 114.95.
FIRE: Source Gas 46.77, Stop N Go 98.01, and Formost 404.00.
POLICE: Stop N. Go 310.87.
CEMETERY: Cedar Knox Rural Water 31.00.
SANITATION: Stop N Go 522.57.
AMBULANCE: Avera Hospital 57.10, and Dollar General 5.00.
PARK: NPPD 27.47, and Hartington Bonus Bucks 40.00.
COMPLEX: NPPD 91.38, and Tri State 145.00.
LIBRARY: Source Gas 51.30, D. Flaugh 200.00, X-Pert Lawn 140.00, R. Flaugh 120.00, D & J 14.55, Hartelco 65.00, Cherin 13.95, Ingram 533.28, Midwest Tape 106.00, Omaha World Herald 106.60, and Michael Frederick 18.00.
CITY: Source Gas 24.42, C. Lenzen 58.00, Patty Guy 35.00, and D & J 27.99.
TRANSFER STATION: Gill Hauling 667.85.
RETIREMENT: Ohio Life 734.20.
INSURANCE: Starmark 7,202.78.
A motion to pay the bills was made by Addison and seconded by Kruse. A roll call vote was taken. Addison – yes, Kruse – yes, Burbach – yes, and Christensen – yes. Motion carried.
A motion to adjourn was made by Burbach and seconded by Kruse. A roll call vote was taken. Burbch – yes, Kruse – yes, Christensen – yes, and Addison – yes. Motion carried.
After the meeting Chris Miller approached the council and suggested that when a new business in considering moving to town to act in a positive way. If a negative message is given, they might consider taking their business to another community. Councilman Burbach replied that the council members represent the citizens of Hartington and it is their responsibility as council members to ask question in order to make decisions in the best interest of the community.
The meeting closed at 9:20 P.M. The next scheduled meeting is for November 14, 2011.
Respectfully submitted,
Crystal Lenzen
City Clerk ~ Treasurer
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NOTICE OF HEARING
TO: ALL PERSONS INTERESTED IN STREET IMPROVEMENT DISTRICT NO. 2011P1 IN THE CITY OF HARTINGTON, NEBRASKA.
NOTICE IS HEREBY GIVEN that plats of Street Improvement District No. 2011P1 in the City of Hartington, and a schedule of proposed special assessments of the property within the District and Projects heretofore stated, as prepared by the City’s Engineers, are on file in the office of the City Clerk.
You are further notified that the Mayor and City Council will sit as a Board of Equalization in the Council Chambers in the City of Hartington, Nebraska, at 7:00 o’clock p.m. on the 19th day of December, 2011, to consider objections and to adjust and equalize the proposed assessments with reference to the benefits resulting from the improvements and levy of special assessments therefore, any objector may appear in person or by representative and submit such additional information as he may desire.
CITY OF HARTINGTON,
NEBRASKA
By: Crystal Lenzen
City Clerk
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CEDAR KNOX RURAL
WATER PROJECT
Expenses
November 2011
AUTO: Farmers Union, $14.00; Cedar Co Treas, $580.10; Peitz GMC, $899.40; Stop N Go, $706.55.
CHEMICALS: Hawkins, $3,847.28; Crofton Farm, $1,971.76; Linweld, $918.48.
BLDG MAIN: LCNRD, $125.00.
REFUND: St Helena, $1,053.45; Obert, $373.25. DEBT
SERVICE & DEPREC: Bank of Hartington, $10,550.00.
EMPLOYEE BNFT: Nationwide, $1,593.34; NARD, $6,744.16; Mid Amer Bnft: $145.00.
FUEL: Thompson, $1,502.58.
OFFICE SUP: LCNRD, $165.00; USPS, $1,022.00; Papio NRD, $738.50; Western Office, $179.80.
COMMITTEE EXP: Potts, Roman, $67.71.
OPERATING SUP: Sherwin Williams, $556.50; Wiechelman Repair, $80.45; West Hodson, $111.96; Municipal Supply, $165.92 Peitz GMC, $73.46; Fastenal, $116.23; Food Town, $22.62; Plbg & Elec, $5.86; Ace Hdwe, $90.09; Carhart Lumber, $23.97; Engineered Systems, $213.24; HACH $363.95; Bomgaars, $273.81.
LEGAL NOTICES: Cedar Co News, $38.84; Crofton Journal, $4.95.
TESTING: Dept of Health, $427.00; Peitz GMC, $123.98; USPO, $14.36 ; Analytical Services, $537.58; Midwest Labs, $20.10.
SALARIES & PERSONNEL EXP: Marla Wortmann, $1,655.11 & $133.20; Gene Schroeder, $4,102.66 & $79.77; L&CNRD, $600.00; Andy Jueden, $2,836.98; Gary Eckmann, $61.01 & $3,407.54.
SYSTEM REPAIRS: Kruse Hdwe, $45.00; Knox Co Treasurer, $200.00; Tri State Computer, $834.00;
TAXES: IRS, $337.03 & $3,046.32; Dept of Rev, $3,035.06 & $448.95.
UTILITIES: Cedar Knox PPD, $3,183.14; LCNRD, $100.00; US Cellular, $71.38 & $53.60; Hartelco, $112.91; Great Plains, $221.40.
HOOKUPS: Knox Co Register, $32.00; Dept of Health, $1,07.50.
PROJECT IMPROVE: JEO, $1,770.00; Bomgaars, $126.67; Aqua Pure, $920.06.
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LEWIS & CLARK NRD
Expenses
November, 2011
AUTO: Pearson Motor, $59.10; Stop N Go, $271.70; Farmers Union, $163.39; Capital One, $203.54.
CAP: Hartington, $1000.00.
EMPLOYEE BENEFITS: NARD, $8,539.18; Nationwide, $2,631.46; Mid Am Benefits, $397.50.
DIRECTORS PER DIEM & EXP: Capital One, $26.56.
INFORMATION & ED: Capital One, $381.48; Merkel Catering, $498.05.
DUES: SWCS: $100.00; NE Arboretum, $100.00
OFFICE SUPPLIES: Networking Plus, $15.60; Capital One, $7.73; Great America, $409.43; Harold’s $17.97; Papio NRD, $262.50; Western Office, $105.63 & 4279.80.
PROJECT COSTS: Peter’s Hdwe, $3.58; Capital One, $43.30; CK Excavating, $262.50; WARD Labs, $48.75.
LEGAL NOTICE: Monitor, $34.09; Cedar Co News, $32.93; Creighton News, $7.00; Journal, $4.50.
SWAP: Mary Dianne Kenny Leonovicz, $416.63.
TAXES: IRS, $3,296.14 & $1,175.96; NDER, $575.71 & $25.15.
UTILITIES: Hartelco, $112.91; Cedar Knox RWP, $35.50; NPPD, $92.97; US Cellular, $68.88.
BUILDING MAIN: Kruse, $9.48; Mary Lou Steffen, $131.22. SALARIES & PERSONNEL: Capital One, $354.59; Tom Moser, $2,169.46, $2,169.45 & $404.35; Annette Sudbeck, $1,887.50 & $257.96; Joan Taylor, $1,269.07; Diane Wieseler, $1,675.32; Jeanne Koenig, $1,585.68; Marilyn Schumacher, $2,429.82 & $95.79.
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NOTICE
IN THE COUNTY COURT OF CEDAR COUNTY, NEBRASKA
IN THE MATTER OF THE ESTATE OF JULIUS FRANK SCHMITT, Deceased
NO. PR 11-51
Notice is hereby given that on Nov. 14, 2011, in the County Court of Cedar County, Nebraska, Gary Schmitt, whose address is 303 Ford Street, Fordyce, Nebraska, 68736, was informally appointed by the Registrar as Personal Representative of the Estate.
Creditors of this Estate must file their claims with this Court on or before Jan. 16, 2012 or be forever barred.
Diane L. Sudbeck
Clerk of Cedar
County Court
P.O. Box 47
Hartington, NE 68739
Jerry L. Pollard
Nebraska Bar #16917
P.O. Box 837
505 Broadway Ave.
Yankton, SD 57078
(605) 665-5222
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NOTICE
IN THE COUNTY COURT OF CEDAR COUNTY, NEBRASKA
IN THE MATTER OF THE
ESTATE OF
ELVIRA M. KATHOL, DECEASED
No. PR11-50
Notice is hereby given that on November 2, 2011, in the County Court of Cedar County, Nebraska, the Registrar issued a written statement of Informal Probate of the Will of said Decedent and that Leon Kathol, whose address is 114 Jerry Street, Yankton, South Dakota, 57078, was informally appointed by the Registrar as Personal Representative of the Estate.
Creditors of this Estate must file their claims with this Court on or before January 9, 2012, or be forever barred.
Diane L. Sudbeck
Clerk of the County Court
P.O. Box 695
Hartington, NE 68739
David D. Knoff #21392
Kennedy Pier & Knoff, LLP
410 N. Broadway
PO Box 867
Hartington, NE 68739-0867
(402) 254-6600
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