The regular meeting of the Mayor and City Council of the City of Henderson, Nebraska was held at 7:30 p.m. on Tuesday, February 9, 2010 at City Hall in Henderson, Nebraska.

             Notice of this meeting was posted at the City Hall and published in the February 4, 2010 Henderson News. Mayor Ken Bergen called the meeting to order at 7:30 p.m. Mayor Bergen 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 Bergen also referred to the open meetings law poster at the back of the council chambers.

             Roll call showed the following present: Mayor Ken Bergen. Council members: Jim Mestl, Deb Friesen, Scott Erb and Matt Friesen. Also present were the city employees and police chief.

             Minutes from the January 12, 2010 meeting were reviewed. Matt Friesen made a motion to approve the minutes as presented. Jim Mestl seconded. Roll vote: Ayes - Matt Friesen, Jim Mestl, Deb Friesen and Scott Erb. Motion carried. 

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

             Ordinance #374, an ordinance to establish water rates within the city of Henderson, Nebraska, was reviewed. After discussion Matt Friesen made a motion to adopt ordinance #374 and to suspend the three different readings on three different days. Scott Erb seconded. Roll vote: Matt Freisen, Scott Erb, Deb Friesen and Jim Mestl. Motion carried.

             Ordinance #375, an ordinance to establish sewer rates within the city of Henderson, Nebraska, was reviewed. After discussion Scott Erb made a motion to adopt ordinance #375 and to suspend the three different readings on three different days. Deb Friesen seconded. Roll vote: Scott Erb, Deb Friesen, Jim Mestl and Matt Friesen. Motion carried.

             Ordinance #376, an ordinance to create a board of adjustment and to provide for powers and duties of the board; board of adjustment: zoning; membership, terms and meetings was reviewed. After discussion, Scott Erb made a motion to adopt ordinance #376 and to suspend the three different readings on three different days. Jim Mestl seconded. Roll vote: Scott Erb, Jim Mestl, Matt Friesen and Deb Friesen. Motion carried.

             Ordinance #377, an ordinance to enact a section to provide for appeals to the board of adjustment; record on appeals; hearing; stays. After discussion, Matt Friesen made a motion to adopt ordinance #377 and to suspend the three different readings on three different days. Deb Friesen seconded. Roll vote: Matt Friesen, Deb Friesen, Scott Erb and Jim Mestl. Motion carried. 

             Ordinance #378, an ordinance to enact a section to provide for powers and jurisdiction of the board of adjustment; power to grant variances. After discussion, Jim Mestl made a motion to adopt ordinance #378 and to suspend the three different readings on three different days. Matt Friesen seconded. Roll vote: Jim Mestl, Matt Friesen, Scott Erb and Deb Friesen. Motion carried.

             Ordinance #379, an ordinance to create a planning commission; to provide for members of the commission, organization, funding and powers. After discussion, Deb Friesen made a motion to adopt ordinance #379 and to suspend the three different readings on three different days. Scott Erb seconded. Roll vote: Deb Friesen, Scott Erb, Jim Mestl, and Matt Friesen. Motion carried.

             Ordinance #380, an ordinance to repeal section 12-504 of the Henderson city code. After discussion Scott Erb made a motion to adopt ordinance #380 and to suspend the three different readings on three different days. Deb Friesen seconded. Roll vote: Scott Erb, Deb Friesen, Matt Friesen and Jim Mestl. Motion carried.

             Ordinance #381, an ordinance to repeal section 12-505 of the Henderson city code. After discussion Jim Mestl made a motion to adopt ordinance #381 and to suspend the three different readings on three different days. Matt Friesen seconded. Roll vote: Jim Mestl, Matt Friesen, Scott Erb and Deb Friesen. Motion carried.

             At 8:00 p.m. Mayor Ken Bergen declared the public hearing open for the 1 & 6 year street program.


             With the new ordinances creating a planning commission and a board of adjustment, Matt Friesen made a motion to have the planning commission members consist of Daphne Hall, Monte McIntyre, Lowell Siebert, Jackie Bittinger and Shari Peters and the board of adjustment members consist of Larry Vancura, Brad Friesen, Preston Switzer, Joel Weisheit and Shari Peters. Scott Erb seconded. Roll vote: Ayes Matt Friesen, Scott Erb, Jim Mestl and Deb Friesen. Motion carried.


             The Marvin Planning Consultants invoice for the comprehensive plan progress was reviewed. After discussion Jim Mestl made a motion to pay the invoice in the amount of $2,200. Deb Friesen seconded. Roll vote: Ayes - Jim Mestl, Deb Friesen, Scott Erb and Matt Friesen. Motion carried.

             At 9:01 p.m., Mayor Ken Bergen declared the public hearing closed for the 1 & 6 year program as there was no public present for discussion. The council reviewed the 1 & 6 year street program again. Jim Mestl made a motion to adopt Resolution #2010 - 01, a resolution for the 1 & 6 year street program. Matt Friesen seconded. Roll vote: Ayes - Jim Mestl, Matt Friesen, Deb Friesen and Scott Erb. Motion carried.

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


Connie Brown, City Clerk