The regular meeting of the Mayor and City Council of the City of Henderson, Nebraska was held at 7:30 p.m. on Tuesday, December 11, 2007 at the City Hall in Henderson, Nebraska.

             Notice of this meeting was posted at the City Hall and Henderson Post Office and published in the December 6, 2007 Henderson News. 

             Mayor Lucas Epp called the meeting to order at 7:30 p.m. Mayor Epp declared the meeting to be legal and properly advertised with all members having been informed of the nature of the meeting and having received related information. Mayor Epp also referred to the open meetings law poster located at the back of the conference chambers.

             Roll call showed the following present: Mayor Lucas Epp. Council members: Matt Friesen, Jim Mestl, Scott Erb and Deb Friesen Also present were the city clerk and city employees.

             Minutes from the November 13, 2007 meeting were presented.Deb Friesen made a motion to approve all minutes as presented. Jim Mestl seconded. Roll vote: Ayes - all. Motion carried.

             Claims were presented. Jim Mestl made a motion to approve the claims as presented. Scott Erb seconded. Roll vote: Ayes - Matt Friesen, Deb Friesen, Scott Erb and Jim Mestl. Motion carried.

             One building permit were issued.

             The change orders were reviewed from Van Kirks concerning the water project. Matt Friesen made a motion to approve the two change orders. Scott Erb seconded. Roll vote: Ayes - Matt Friesen, Deb Friesen, Scott Erb and Jim Mestl. Motion carried.

             The progress payment from Van Kirks for the water project was reviewed including the change orders. Scott Erb made a motion to approve the progress payment in the amount of $24,328.63. Deb Friesen seconded. Roll vote: Ayes - Deb Friesen, Scott Erb, Matt Friesen and Jim Mestl. Motion carried.

             After reviewing Olsson and Associates invoice, Scott Erb made a motion to table the payment of the invoice for clarification. Matt Friesen seconded. Roll vote: Ayes - Jim Mestl, Scott Erb, Matt Friesen and Deb Friesen. Motion carried.

             The discussion of moving the air release valves was discussed on Steve Hiebner’s property. Deb Friesen made a motion to table the issue until the next meeting. Jim Mestl seconded. Roll vote: Ayes - Deb Friesen, Jim Mestl, Scott Erb and Matt Friesen. Motion carried.

             At 8:00 p.m., Mayor Lucas Epp opened the public hearing for Gary and Lavonne Braun’s variance request.

             Jeff Ray, Associated Engineering, was present at the meeting representing Alltel. He indicated Alltel has been assessing voids in cell phone coverage statewide and the Henderson area has been designated as a possible location for a cell tower.The proposed tower would be a 150 foot antenna monopole. It will not have any guide wires; it will have several electrical boxes with antennas to pick up coverage in a 4 mile radius of the tower.

             A variance request from Gary and Lavonne Braun, owners of the parcel of land, is as follows: “A 150 ft. Monopole Antenna Tower with related communications equipment to be constructed on a parcel of land equaling .075 acres instead of the municipal code of 4 acres for agriculture zoning and a minimum lot width of 50' instead of the municipal code of 200ft for agricultural zoning”.

             At 8:05, Mayor Lucas Epp closed the public hearing as no public was in attendance for discussion.

             After discussion, Deb Friesen made a motion to accept the variance request for Gary and Lavonne Braun. Jim Mestl seconded. Roll vote: Ayes - Deb Friesen, Jim Mestl, Scott Erb and Matt Friesen. Motion carried. Clerk to look into a franchise fee to assess Alltel.

             The Mayor presented his recommendation for the 2008 appointments as follows:

                          Chairman of Council                                                          Matt Friesen 

                          Water and Sewer Commissioner                                        Scott Erb

                          Swimming Pool Commissioner                                         Jim Mestl

                          Parks Commissioner                                                          Deb Friesen

                          Street Commissioner                                                          Matt Friesen

                          Recreation Commissioner                                                  Jim Mestl

                          Recreation Administrators                                                 Recreation committee

                          City Attorney                                                                     Charles Campbell

                          Deputy City Attorney                                                         Mike Murphy

                          City Engineers                                                                   Kirkham Michael and Associates

                          Chief of Police                                                                   Milan Mierau

                          Fiscal Agent                                                                       Smith Hayes

                          Health Officer                                                                    Dr. Chris Vanderneck

                          City Clerk/Treasurer                                                          Connie Brown

                          Pool Administrator                                                             Becky Franz

                          Zoning Administrator                                                        Milan Mierau


             Scott Erb made a motion to accept the Mayor’s recommendations for 2008. Matt Friesen seconded. Roll vote: Ayes - Scott Erb, Matt Friesen, Deb Friesen and Jim Mestl. Motion carried.

             Phil Schmidt and Lowell Siebert were present to discuss the financial situation of the golf course currently and for the future and the possibility of financial assistance in the future if current trend continues. No formal action was taken.

Reports were given. No formal taken.

             Matt Friesen made a motion to adjourn. Scott Erb seconded. Roll vote: Ayes - Matt Friesen, Scott Erb, Deb Friesen and Jim Mestl. Motion carried.


Connie Brown, City Clerk