The regular meeting of the Mayor and City Council of the City of Henderson, Nebraska was held at 7:30 p.m. on Tuesday, August 12, 2003 at the City Hall in Henderson, Nebraska.


Notice of this meeting was posted at the City Hall, U.S. Post Office and the Henderson State Bank and published in the August 7, 2003 Henderson News.


Mayor Curt Friesen called the meeting to order at 7:30 p.m. Roll call showed the following present: Mayor Curt Friesen and Councilmen: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Also present was the city clerk.


Minutes from the regular meeting July 8, 2003 were presented. Mark Kroeker made a motion to approve the minutes. Matt Friesen seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker and Scott Erb. Absent: Al Cruickshank. Motion carried.


Claims were presented and studied. Matt Friesen made a motion to accept claims as presented. Scott Erb seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker and Scott Erb. Absent: Al Cruickshank. Motion carried.


Two building permits were issued.


During the public forum Rick Schwenk inquired about sidewalk assessment payment on 17th Street. Clerk to have on agenda next meeting


Mark Kroeker made a motion to proceed with the selling of the two lots in the Kroeker Subdivision owned by the City by a sealed bid auction. Matt Friesen seconded. Attorney Charley Campbell to draw up resolution for the selling of lots for next meeting. Council to set a low bid price. Roll vote: Ayes - Matt Friesen, Mark Kroeker and Scott Erb. Absent: Al Cruickshank. Motion carried.


Owner of the dairy, Marinus van den berg and several citizens were present to discuss the fly and odor issues. After discussion, it was decided that Attorney Charley Campbell was to contact University of Nebraska to have an expert in dairy management to visit the site and offer further suggestions. No formal action taken.


At 8:25 p.m., Mayor Curt Friesen opened the public hearing to hear favor or opposition to the variance request of Rick and Gayle Schwenk at 801 S. 15th Street to place a garage 5' from rear property line instead of the municipal code of 20'. At 8:42 p.m. the public hearing was closed. After discussion, Scott Erb made a motion to approve the variance request. Mark Kroeker seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker and Scott Erb. Absent: Al Cruickshank. Motion carried.


After discussion of the existing Perennial Public Power District’s franchise agreement percentage, Mark Kroeker made a motion to authorize a new agreement to be drawn up with Perennial to maintain the current rate of 12% for franchise fees. Matt Friesen seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker and Scott Erb. Absent: Al Cruickshank. Motion carried.


After discussion of the street project, Matt Friesen made a motion to approve the progress payment request for Diamond Engineering in the amount of $56,674. Scott Erb seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker and Scott Erb. Absent: Al Cruickshank. Motion carried.


After discussion of the swimming pool project, Mark Kroeker made a motion to table the progress payment request for ABC Contractors until the next meeting. Matt Friesen seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker and Scott Erb. Absent: Al Cruickshank. Motion carried.


Reports were given. No formal action taken.

 

Matt Friesen made a motion to adjourn. Mark Kroeker seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker and Scott Erb. Absent: Al Cruickshank. Motion carried.


Connie Brown, City Clerk