The regular meeting of the Mayor and City Council of the City of Henderson, Nebraska was held at 7:30 p.m. on Tuesday, May 13, 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 May 8, 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 April 8 were presented. Matt Friesen made a motion to approve the minutes. Mark Kroeker seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


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


Ann Marie Schaldecker was present to ask for permission from the city council to have a fireworks stand within the city limits for the 4th of July season. After discussion Matt Friesen made a motion to approve the request. Scott Erb seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


After reviewing bids for a shredder and blade, Scott Erb made a motion to accept the bid from York Equipment for the blade and shredder. Matt Friesen seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


After reviewing the estimate bids for armor coating some streets in town, Al Cruickshank made a motion to allow the engineers to contact armor coating company to do a single layer for 11th Street (Front to Maple), 10th Street (Maple to Oak), 10th Street (Maple to south end) and W. Front Street (10th to N. Main). Mark Kroeker seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


Jamey Pankoke was present to discuss the franchise agreement that was acquired from NPPD in 1999. No formal action was taken.


Mark Kroeker made a motion to proceed with the bonding procedure and to include the cost of all of the street project. Al Cruickshank seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


Scott Erb made a motion to reconsider a motion previously made for claims to withhold 10% of the total bill to Kirkham Michael for the street project until the end of the project. Matt Friesen seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


After reconsideration, Matt Friesen made a motion to approve claims with the exception of Kirkham Michael’s bill and to withhold 10% of that bill until the end of the street project. Al Cruickshank seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


After reviewing the plans for the street reconstruction, Scott Erb made a motion to place the sidewalk along Birch Street (north and south) against the curb with the exception of the lot owned by Matt Epp to leave as is. Mark Kroeker seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


Al made a motion to place the sidewalks on the east side of South Main near where the existing sidewalk presently is. Scott Erb seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


Mark Kroeker made a motion to accept GSI’s proposal to do the quality control testing for the street project with a $4,000 cap. Matt Friesen seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


Mark Kroeker made a motion to approve Ordinance #336 to include in our code water restriction regulations and to waive the three readings on three different days. Matt Friesen seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


Matt Friesen made a motion to have Kirkham Michael present the change order for the burial of the debris. Al Cruickshank seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker and Matt Friesen. Abstain - Scott Erb due to conflict of interest. Motion carried.


Matt Friesen made a motion to approve the payment to ABC General Contractors for the pool. Mark Kroeker seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker and Matt Friesen. Abstain - Scott Erb due to conflict of interest. Motion carried.


At 10:50 p.m. Scott Erb made a motion to go into executive session to discuss the land purchasing agreement with Willard Friesen. Al Cruickshank seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


At 10:55 p.m. Al Cruickshank made a motion to reconvene into regular session. Matt Friesen seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


Al Cruickshank made a motion to approve the land purchasing agreement between the City and Willard Friesen. Scott Erb seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


Matt Friesen made a motion to approve a survey to be done on the land being purchased from Willard Friesen. Mark Kroeker seconded. Roll vote: Ayes: Al Cruickshank, Mark Kroeker, Matt Friesen and Scott Erb. Motion carried.


After discussion, Scott Erb made a motion to hire a person for a second summer help position at the clerk’s discretion. Mark Kroeker seconded. Ayes: Mark Kroeker, Matt Friesen, Scott Erb. Nays: Al Cruickshank. Motion carried.


Reports were given. Clerk is to look into other town’s ordinances for vicious dogs.


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, City Clerk