The regular meeting of the Mayor and City Council of the City of Henderson, Nebraska was held at 7:30 p.m. on Tuesday, October 9, 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 October 4, 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 and Scott Erb. Absent: Deb Friesen Also present were the city clerk and city employees.

              Minutes from the September 11, 12, 18 and 28, 2007 meetings were presented. Matt Friesen made a motion to approve all minutes as presented with corrections. Jim Mestl seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.

              Claims were presented. Jim Mestl made a motion to approve the claims as presented with the exception of Virg’s Plumbing. Matt Friesen seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.

              No building permits were issued.

              Homer Peters was present to discuss the control panels at the new wellsites. He stated the engineers have not given the city any documentation on how the wells were going to be controlled. The clerk and utility commissioner to meet with the engineers to discuss the issue.

              Ordinance #364 was reviewed. The ordinance is to amend section 12-308 to add “auto washes” as a permitted principal use in the “C-1" Commercial District. The planning commission recommended the city council approve the ordinance. Matt Friesen made a motion to adopt Ordinance #364. Jim Mestl seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.

              Scott Erb made a motion to adopt Resolution 2007-07, a resolution to continue an interlocal agreement between the Rural Apprehension Program (RAP) and the Henderson Police Department for $493.00. Matt Friesen seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.

              Crime Stoppers is asking for a donation for signs to be placed at the entrances into towns in York County. Scott Erb made a motion to donate the $400 for two signs for Henderson. Matt Friesen seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.

              The clerk presented bids for a 100 gallon tar machine and a 225 gallon tar machine that are currently on the Nebraska State Bid Contract. Scott Erb made a motion to purchase the 100 gallon tar machine for $21,545. Jim Mestl seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.

              Change Order #1 for $11,394.32 from Van Kirk Brothers Contracting was reviewed. Scott Erb made a motion to approve the change order. Matt Friesen seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.

              The pay request for $120,251.62 from Van Kirk Brothers Contracting for the water improvement project was reviewed. Jim Mestl made a motion to approve the pay request. Scott Erb seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.

              The pay request for $24,610.30 from Simmerman Electric for the water improvement project was reviewed. Matt Friesen made a motion to approve the pay request. Jim Mestl seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.

              The pay request for $75,316.50 from Sargent Drilling for the water improvement project was reviewed. Jim Mestl made a motion to approve the pay request. Matt Friesen seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.

              At 8:15 the Mayor made the announcement that the variance request for Jay D. Garrison would not be acted on until the planning commission would have a recommendation. No formal action taken.

              After discussion on the claim submitted from Arylis Huebert for her sprinkler system repair, Matt Friesen made a motion to deny the claim as there was not enough evidence to prove it was caused by the city. Scott Erb seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.

              Reports were given. No formal action taken.

              Matt Friesen made a motion to adjourn. Scott Erb seconded. Roll vote: Ayes - all. Absent: Deb Friesen. Motion carried.


Connie Brown, City Clerk