The regular meeting of the Mayor and City Council of the City of Henderson, Nebraska was held at 7:30 p.m. on Tuesday, March 11, 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 March 6, 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 on February 11 were presented. Matt Friesen made a motion to approve the minutes. Al Cruickshank seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


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


There were no new building permits.


Mark Kroeker introduced and made a motion to adopt Ordinance #334 - an ordinance to authorize the purchase of real estate for the sediment pond for the lake renovation project - and to suspend the three readings on three different days. Matt Friesen seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


Kevin Prior from Olsson and Associates was present to discuss the test well log and surrounding area wells. Will have further results of the test well in a few days.


At 8:05 p.m., Mayor Curt Friesen opened the public hearing for the variance request of Mark Kroeker. At 8:30 p.m. Mayor Curt Friesen closed the public hearing. After discussion and reviewing the Planning Commissions recommendation, Matt Friesen made a motion to accept the variance. There was no second and the motion failed.


After further discussion, Scott Erb made a motion to accept the Planning Commission’s recommendation of accepting the variance. Matt Friesen seconded. Roll vote: Ayes - Matt Friesen and Scott Erb. Nays: Al Cruickshank. Abstain - Mark Kroeker due to the variance being in his name. Carried.


Al Cruickshank introduced and made a motion to adopt Ordinance #335 - an ordinance to create Street Improvement District No. 2003-01 providing for paving, grading, curbing and guttering streets and constructing, replacing and repairing sidewalks for Birch Street and South Main Street - and to suspend the three readings on three different days. Scot Erb seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


Mark Kroeker introduced and made a motion to adopt Resolution 2003-03 - a resolution for accepting receipt of cost estimates and directing the advertisements for bids for the Street Improvement District No. 2003-01. Matt Friesen seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


The York County Development Corporation dues were discussed. Matt Friesen made a motion to table this item until the April meeting. Scott Erb seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


After reviewing the bids received for a new utility vehicle for the utility department, Matt Friesen made a motion to accept the bid from Superior Outdoor Power for the price of $6,465. Scott Erb seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


After reviewing the bids received from different water slide companies, Scott Erb made a motion to accept the bid from Splashtacular Inc. for a figure 8 slide for $51,790 for the swimming pool. Al Cruickshank seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


After reviewing the change order for the swimming pool, Scott Erb made a motion to accept the change order for the items listed except for the color block deduct and the demolition deduct - these items will be further negotiated. Mark Kroeker seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


Mark Kroeker made a motion to approve the progress payment for the swimming pool in the amount of $30,060. Scott Erb seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


After reviewing the resolution given to the City by Henderson State Bank for the gifting of the old bank building to the City, Scott Erb made a motion to accept the resolution. Al Cruickshank seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


Mark Kroeker made a motion to adopt Resolution 2003-04 - a resolution appointing council representation on the NMPP Board. Scott Erb seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried. Al Cruickshank was appointed as the representative and Matt Friesen as the alternate.


Al Cruickshank made a motion to authorize the clerk to contact the city engineers to start plans for Main Street alleys between Elm and Cedar and Front Street and Cedar. Mark Kroeker seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


The clerk is to get proposals for designing rooms for the gifted bank building.


Matt Friesen made a motion to adopt water restrictions for the 2003 summer. Houses with odd address will water on Tuesday, Thursday and Saturday and houses with even numbers will water on Monday, Wednesday and Friday. No resident will be allowed to water on Sundays. The restrictions will start on May 1 through September 30. Al Cruickshank seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried. An ordinance will be made up to instate a fine for violators.


Mark Kroeker made a motion to authorize the clerk to advertise for summer help. Scott Erb seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


At 10:31 p.m. Scott Erb made a motion to go into executive session to discuss personnel. Al Cruickshank seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried.


At 10:45 p.m. Scott Erb made a motion to reconvene into regular session. Al Cruickshank seconded. Roll vote: Ayes - Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Carried. No formal action was taken.


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


Connie Brown, Clerk