The regular meeting of the Mayor and City Council of the City of Henderson, Nebraska was held at 7:30 p.m. on Tuesday, September 9, 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 September 4, 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 August 12, 2003 were presented. Matt Friesen made a motion to approve the minutes. Mark Kroeker seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried.


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


One building permit was issued.


The Planning Commission minutes were read. Mark Kroeker made a motion to accept the recommendation of appointing Jackie Bittinger to the Planning Commission to fulfill the resignation position of Lowell Hiebner. Scott Erb seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried.


Steve Michel was present to update the council on what the Henderson State Bank’s plans were for the sidewalk in front of the new bank building. No formal action taken.


Lloyd Castner of Kirkham Michael was present to review the grant application to the Land and Water Conservation Fund due October 1 for the potential ballfield. Al Cruickshank made a motion to adopt Resolution 2003-06, a resolution to apply for federal assistance from the Land and Water Conservation Fund program for the purpose of relocating the baseball field and upgrading the softball field. Scott Erb seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried.


Al Cruickshank made a motion to reimburse Rick Schwenk for sidewalk he was assessed for that was replaced on the 17th Street project. Mark Kroeker seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried.


At 8:00 p.m. Mayor Curt Friesen opened the public hearing for Jim and Jeannette Friesen requesting to build a gable on the roof at 26' instead of the Municipal Code of 30' for the front yard. No public was present. At 8:05 p.m. Mayor Curt Friesen declared the public hearing closed. Mark Kroeker made a motion to approve the requested variance. Scott Erb seconded. Roll vote: Ayes - Mark Kroeker, Al Cruickshank and Scott Erb. Abstain: Matt Friesen. Motion carried.


After discussion of payment to ABC General Contractor and reviewing a letter prepared by the engineer explaining what was left to do at the pool and the amount to cover the punch list, Matt Friesen made a motion to approve the progress payment in the amount of $70,280.64. Al Cruickshank seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker and Al Cruickshank. Abstain: Scott Erb. Motion carried. Engineers are to prepare a letter stating no more payments will be made until the punch list is complete and project is complete.


At 8:38 p.m. Mayor Curt Friesen opened the public hearing for Scott and Cindy Erb requesting to build a garage 18' from the rear lot line instead of the Municipal Code of 20'. No public was present. At 8:45 p.m. Mayor Curt Friesen declared the public hearing closed. Matt Friesen made a motion to approve the requested variance. Mark Kroeker seconded. Roll vote: Ayes - Mark Kroeker, Al Cruickshank and Matt Friesen. Abstain: Scott Erb. Motion carried.


After reviewing the bids for reconstructing the lagoon banking, Al Cruickshank made a motion to accept the low bid from Huebert Land Leveling in the amount of $14,500. Scott Erb seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried.


Mark Kroeker made a motion to authorize the clerk to purchase a laptop computer for the office. Al Cruickshank seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried.


After reviewing the resolution prepared by the attorney to authorize the selling of the lots owned by the City in Kroeker Subdivision, Scott Erb made a motion to adopt Resolution 2003-07 and accept sealed bids with the minimum bid to be $10,000 per lot. Matt Friesen seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried.


Mark Kroeker made a motion to table the adoption of the resolution for the York County Local Emergency Operation Plan until the October meeting in order to have a representative present to review the plan with the council. Matt Friesen seconded. Matt Friesen seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried.


After reviewing the progress payment for the street project, Scott Erb made a motion to approve the progress payment to Diamond Engineering for the City’s portion in the amount of $55,942.43. Al Cruickshank seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried.


Al Cruickshank made a motion to pay remainder of amount due to Diamond Engineering after Heartland Community School approves their portion of the pay request. Scott Erb seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried.


At 9:30 p.m. Scott Erb made a motion to go into executive session to discuss employee salaries. Matt Friesen seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried.


At 10:02 p.m. Al Cruickshank made a motion to reconvene into regular session. Al Cruickshank seconded. Roll vote: Ayes - Matt Friesen, Mark Kroeker, Al Cruickshank and Scott Erb. Motion carried. No formal action taken.


Reports were given. No formal action taken.


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


Connie Brown, City Clerk