The regular meeting of the Mayor and City Council of the City of Henderson, Nebraska was held at 7:30 p.m. on Tuesday, June 8, 2004 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 June 3, 2004 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: Mark Kroeker, Matt Friesen and Scott Erb. Other position is vacant. Also present was the city clerk.


Minutes from the meetings on May 11 and June 3, 2004 were presented. Scott Erb made a motion to approve the minutes. Matt Friesen seconded. Roll vote: Ayes - all present. Motion carried.


Claims were presented and studied. Mark Kroeker made a motion to accept claims as presented. Scott Erb seconded. Roll vote: Ayes - all present. Motion carried.


Three building permits were issued.


Rob Wood from Smith Hayes Financial was present to review the bonding of the Birch Street Project. Mark Kroeker made a motion to introduce Ordinance #340, an ordinance authorizing the issuance of various purpose bonds in the amount of $1,200,000 to pay off the City’s Series 2003 Bond Anticipation Notes which were issued to pay costs of paving, grading, curbing and guttering of city streets, and constructing and improving sidewalks, and improving the water and sewer systems and also to suspend the statutory ruling of three different hearings on three different days. Matt Friesen seconded. Roll vote: Ayes - all present. Motion carried.


After Ordinance #340 was read, Scott Erb made a motion to adopt Ordinance #340 as read and to suspend the statutory ruling of three different readings on three different days. Mark Kroeker seconded. Roll vote: Ayes - all present. Motion carried.


At 8:00 p.m. the Mayor declared the public hearing open for discussion for the variance request from Grant Schmidt to allow a garage to be erected 23' from the front property line instead of the municipal code of 30' and 11' from the rear property line instead of the municipal code of 20' in a residential district. At 8:15 p.m. the Mayor declared the public meeting closed.


After discussion with the property owner, Mark Kroeker made a motion to accept the variance with the change of the garage to be erected 24' from the front property line instead of the requested 23'. Matt Friesen seconded. Roll vote: Ayes - all present. Motion carried.


Scott Rathjen from Kirkham Michael was present to discuss alley plans, Diamond Engineering final pay application, sidewalks. No formal action taken.


Mayor Curt Friesen made a recommendation to accept Deborah K Friesen’s application for the vacant council position. Matt Friesen made a motion to accept the mayor’s recommendation. Scott Erb seconded. Roll vote: Ayes - all present. Motion carried.


At 9:45 p.m., Deborah K. Friesen was sworn into office.


After reviewing Ordinance #341, an ordinance updating the wellhead protection area’s boundary legal description, Matt Friesen made a motion to adopt the ordinance and to suspend the statutory ruling of three readings on three different. Mark Kroeker seconded. Roll vote: Ayes - all present. Motion carried.


After reviewing Ordinance #342, an ordinance updating the dog ordinance as to limit the number of dogs maintained within the city limits, Scott Erb made a motion to adopt the ordinance and to suspend the statutory ruling of three readings on three different. Deb Friesen seconded. Roll vote: Ayes - all present. Motion carried.


After reviewing Ordinance #343, an ordinance updating the requirements for fence construction in residential district, Matt Friesen made a motion to adopt the ordinance and to suspend the statutory ruling of three readings on three different. Mark Kroeker seconded. Roll vote: Ayes - all present. Motion carried.


After reviewing Ordinance #344, an ordinance updating the nuisance code for storage containers and abandoned vehicles, Deb Friesen made a motion to adopt the ordinance and to suspend the statutory ruling of three readings on three different. Scott Erb seconded. Roll vote: Ayes - all present. Motion carried.


After reviewing Ordinance #345, an ordinance updating the firework ordinance to allow selling of fireworks on the 4th of July if it is on a Sunday, Matt Friesen made a motion to adopt the ordinance with the change of hours to be from 8:00 a.m. to 10:00 p.m. and to suspend the statutory ruling of three readings on three different. Mark Kroeker seconded. Roll vote: Ayes - all present. Motion carried.


The lake renovation project was discussed. Mark Kroeker made a motion to accept the pay application of Kohl Construction with the reduction of the retainage to be 7.4% and the amount of $49,299.55. Matt Friesen seconded. Roll vote: Ayes: Matt Friesen, Mark Kroeker and Deb Friesen. Nayes: Scott Erb. Motion carried.


The lot bid submitted by Gary Steingard for a lot in Kroeker Subdivision was reviewed. Scott Erb made a motion to reject the offer. Deb Friesen seconded. Roll vote: Ayes - all present. Motion carried.


Scott Erb made a motion to have the Upper Big Blue NRD create an interlocal agreement with the City of Henderson for the purpose of entering an agreement for the reviewing of the City’s water distribution system. Matt Friesen seconded. Roll vote: Ayes - all present. Motion carried.


Reports were given. No formal action taken.


Matt Friesen made a motion to adjourn. Mark Kroeker seconded. Roll vote: Ayes - all present. Motion carried.


Connie Brown, City Clerk