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 13, 2009 at City Hall in Henderson, Nebraska.

             Notice of this meeting was posted at the City Hall and Post Office and published in the October 8, 2009 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 clerk, city employees and Front Street residents.

             At 7:32 p.m., Mayor Bergen declared the public hearing open for the Front Street special assessments for sprinklers and sidewalks. Present for the hearing were residents Harlan and Roine Peters, Shirley Ratzlaff and Dale Reetz.

             It was discussed the sidewalk assessments were at a per square foot cost with no overhead included and the sidewalk assessments were per lot at a rate not to exceed $550. Clerk and engineer were to clarify with the sprinkler company on a couple of lots.

             It was also explained the property owners would have 50 days to pay for at least 10% of assessment cost and then they have the choice to have it put on their property tax over a 10 year period.

             With no further discussion to be had, Mayor Bergen closed the public hearing at 7:45 p.m.

             Scott Erb introduced and moved to accept Resolution 2009-09, a resolution setting the assessments as presented by the engineer for the sidewalk and sprinklers. Matt Friesen seconded. Roll vote: Ayes - Scott Erb, Matt Friesen, Deb Friesen and Jim Mestl. Motion carried.

             Ordinance #372 was reviewed. This ordinance amended the amount of bond requested to a lower amount in Ordinance #371 and also set the terms for the rate and term. Deb Friesen made a motion to set the rate at 4.5% over a 10 year period. Jim Mestl seconded. Roll vote: Deb Friesen, Jim Mestl, Scott Erb and Matt Friesen. Motion carried.

              Matt Friesen introduced and moved to adopt Ordinance #372 and to suspend the three readings on three different days. Scott Erb seconded. Roll vote: Matt Friesen, Scott Erb, Deb Friesen and Jim Mestl. Motion carried.

             Minutes from the September 8 and September 18, 2009 meetings were reviewed. Deb Friesen made a motion to approve the minutes as presented. Jim Mestl seconded. Roll vote: Ayes - Deb Friesen, Jim Mestl, Matt Friesen and Scott Erb. Motion carried.

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

             One building permit was submitted.

             After discussion and reference check, Matt Friesen made a motion to hire Keith Marvin of MPC to conduct the comprehensive plan for the city. Scott Erb seconded. Roll vote: Ayes - Matt Friesen, Scott Erb, Jim Mestl and Deb Friesen. Motion carried.

             The 11th Street engineer agreement was reviewed. Scott Erb made a motion to approve the agreement minus the Willow Lane section of the agreement. Deb Friesen seconded. Roll vote: Ayes - Scott Erb, Deb Friesen, Jim Mestl and Matt Friesen. Motion carried.

             At 8:45 p.m., Mayor Bergen opened the public hearing for the variance request for Pam Janzen. Verification of location of addition and concerns of neighbors were heard. After clarification, the Mayor closed the hearing at 8:50 p.m.

             Jim Mestl made a motion to accept the planning commission’s recommendation to allow the variance for Pam Janzen at 100 East Liberty Street. Matt Friesen seconded. Roll vote: Ayes - Jim Mestl, Matt Friesen and Deb Friesen. Abstain: Scott Erb. Motion carried.

             Scott Erb made a motion to adopt Resolution 2009-10 for the participation of the Rural Apprehension Program for $493. Jim Mestl seconded. Roll vote: Ayes - Scott Erb, Jim Mestl, Deb Friesen and Matt Friesen. Motion carried.

             Maintenance of alleys were discussed. Remove snow from alleys. Fill pot holes with mud rock and put some gravel down and maintain case by case.

             Reports were given. No formal action.

             Matt Friesen made a motion to adjourn at 10:05 p.m. Scott Erb seconded. Roll vote: Ayes - Matt Friesen, Scott Erb, Jim Mestl and Deb Friesen. Motion carried.


Connie Brown, City Clerk