The regular meeting of the Mayor and City Council of the City of Henderson, Nebraska was held at 7:00 p.m. on September 12, 2017 at City Hall in Henderson, Nebraska. Notice of this meeting was posted at the City Hall and Post Office and published in the August 3, 2017 Henderson News.

             Mayor Mike Yoder called the meeting to order at 7:00 p.m. Mayor Yoder 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 Yoder also referred to the open meetings law poster at the back of the council chambers.

             Roll call showed the following present: Mayor Mike Yoder. Council members: Jeb Mierau, Corbin Tessman, Mike Wall (7:13) and Lee Thiessen (7:24). With two council members absent, state statute gives the mayor of a second class the right to vote on a city council action when his or her vote will provide the additional vote required to create a number of votes equal to the majority of the council.

             Minutes from August 8 and August 21, 2017 were reviewed. Corbin Tessman made a motion to accept the minutes as presented. Jeb Mierau seconded. Roll vote: Ayes - Corbin Tessman, Jeb Mierau and Mike Yoder. Absent: Mike Wall and Lee Thiessen. Motion carried.

             Corbin Tessman made a motion to pay the claims as presented. Jeb Mierau seconded. Roll vote: Ayes - Corbin Tessman, Jeb Mierau and Mike Yoder. Absent - Mike Wall and Lee Thiessen. Motion carried.

             Six building permits were submitted this past month. Albert D. Friesen for a mailbox, Rick Vaught for a fence, Andrew Regier for a garage, Nicholas Heinrichs for a fence, Matt Friesen for an addition to house and Mike Wall to move a garage.

             Nancy Steele (architect) and Cheryl Brown were present on behalf of the Henderson Health Care Services to present preliminary plans of the parking lot and possible expansion of the facility. Jason Lewis was also present on behalf of the Henderson Planning Commission. The Henderson Planning Commission and the City Council made several recommendations to help with the aesthetic appeal of a parking lot abutting a residential area including green space, lighting, traffic flow, trees, bushes and possible fences. There were some concerns with truck traffic, noise of generator and drainage. Ms. Steele did state soil samples and site surveys were going to be done soon. The overall consensus from the Planning Commission and the City Council is that the project is a positive addition to the community and to move forward with the plans and to take the concerns and suggestions into consideration when updating the plans and to keep the residence around this area in mind.

             Mayor Mike Yoder declared the budget hearing open at 8:00 p.m.

             The clerk went over some changes that were requested from the budget study. As no public was present to discuss the budget, the Mayor declared the hearing to be closed at 8:17 p.m.

              Corbin Tessman made a motion to approve an additional 1% increase in the total funds subject to limitation. Mike Wall seconded. Roll vote: Ayes - Corbin Tessman, Mike Wall, Jeb Mierau and Lee Thiessen. Motion carried. 

             Corbin Tessman made a motion to adopt the 2017-2018 final budget as presented. Mike Wall seconded. Roll vote: Ayes - Corbin Tessman, Mike Wall, Lee Thiessen and Jeb Mierau. Motion carried.

             Mayor Mike Yoder declared the public hearing open at 8:19 p.m. to set the final tax request.

             As no public was present, the Mayor declared the public hearing closed at 8:30 p.m.

             Corbin Tessman made a motion to set the final 2017 tax request rate at .8128. Lee Thiessen seconded. Roll vote: Ayes - Corbin Tessman, Lee Thiessen, Mike Wall and Jeb Mierau. Motion carried.

             Lee Thiessen made a motion to convene as the Community Development Agency (CDA). Corbin Tessman seconded. Roll vote: Ayes - Lee Thiessen, Corbin Tessman, Jeb Mierau and Mike Wall. Motion carried.

             Mike Wall made a motion to approve Resolution #2017-04. The resolution allows an amendment to the Redevelopment Plan of the City of Henderson; the implementation of a specific phase of a redevelopment project in the redevelopment area; the authorization of the use of tax increment financing; the adoption of the cost benefit analysis for said phase; the authorization and approval of a redevelopment agreement for the phase of the redevelopment project; and to take other actions required or permitted under the Community Development Law for Providence Subdivision for Lot 8. Jeb Mierau seconded. Roll vote: Ayes - Mike Wall, Jeb Mierau Lee Thiessen and Corbin Tessman. Motion carried.

             Mike Wall made a motion to approve the Amended and Restated Cost Benefit Analysis for Lot 8 of the Providence Subdivision Redevelopment. Jeb Mierau seconded. Roll vote: Ayes - Mike Wall, Jeb Mierau, Corbin Tessman and Lee Thiessen. Motion carried.

             Lee Thiessen made a motion to approve the Amended and Restated Plan Amendment to the Redevelopment Plan for Lot 8 in the Providence Subdivision. Corbin Tessman seconded. Roll vote: Ayes - Lee Thiessen, Corbin Tessman, Mike Wall and Jeb Mierau. Motion carried.

             Lee Thiessen made a motion to approve the Redevelopment Agreement for Lot 8 in the Providence Subdivision with LaRoy and Brenda Hiebner. Jeb Mierau seconded. Roll vote: Ayes - Lee Thiessen, Jeb Mierau Corbin Tessman and Mike Wall. Motion carried.

             Jeb Mierau made a motion to approve the Purchase Agreement for Lot 8 in the Providence Subdivision with LaRoy and Brenda Hiebner. Corbin Tessman seconded. Roll vote: Ayes - Jeb Mierau, Corbin Tessman, Mike Wall and Lee Thiessen. Motion carried.

             Jeb Mierau made a motion to reconvene as city council. Corbin Tessman seconded. Roll vote: Ayes - Jeb Mierau, Corbin Tessman, Mike Wall and Lee Thiessen. Motion carried.

             The Diamond Engineering pay request was reviewed. Mike Wall made a motion to approve the pay request in the amount of $174,956.38. Corbin Tessman seconded. Roll vote: Aye - Mike Wall, Corbin Tessman, Lee Thiessen and Jeb Mierau. Motion carried.

             Two bids were received for the re-shingling of the down town park shelter with shake shingles. The bid from Paschke Brothers was $12,107.05 using heavy shake shingles but would like to wait until November 1 to start. The bid from Connor Roofing was $8,325 using medium shake shingles and could be done before October 1 as requested to keep in the 2016-17 budget year. The amount budgeted was $12,000. After consideration, Mike Wall made a motion to have the clerk ask Connor Roofing the difference between the medium shakes and the heavy shakes and to authorize the clerk to accept the bid if it did not exceed $12,000 with the heavy shakes, otherwise authorize the medium shake bid at $8,325. Corbin Tessman seconded. Roll vote: Ayes - Mike Wall, Corbin Tessman, Lee Thiessen and Jeb Mierau. Motion carried. The new bid from Connor Roofing including heavy shake shingles was $9,315.

             The mayor and council have been informed of some residents having chickens within the city limits. The Henderson Code §6-215 specifies it as unlawful for any person or persons to keep any cattle, hogs, horses, goats, rabbits or other animals, chickens, ducks, geese, turkeys or any other fowls in any pen, shed or yard within the Municipality and the keeping of any of the above mentioned animals or fowls shall of itself constitute a nuisance. The council is considering instating a new ordinance to allow chickens within the municipality with restrictions. The mayor will bring codes from other municipalities to the October meeting. This will be an agenda item in October.

             The current water and sewer rates were reviewed. The last increase of water and sewer rates was in 2008 when a bond was issued to pay for the drilling of three wells, the placement of a 14" distribution line coming into town from the wells, and the repainting of the water tower inside and out. This bond will expire in August of 2027. Another bond will need to be issued to pay for the new lift station that is being constructed in 2017-2018. With this in mind, it was decided to calculate an increase of the water and sewer rates by 10% and review at the October meeting. The goal is to have the new rates be in effect January 1, 2018.

             The 17th Street panel replacement was discussed. The contractor wanted the council to consider what kind of traffic control or detours that would be used during the replacement of the panels. The use of a mobile stoplight for traffic control is $5,500. Council is trying to avoid detouring traffic down Oak Street to N Main Street. The council would like the engineer to get two bids from the contractor. One bid utilizing the mobile stoplight and another using barricades and cones and splitting the job into sections.

             The consideration of placing stop signs at the intersection of 11th Street and Maple Street was discussed. An ordinance will be created for the October meeting. No formal action taken.

             Mayor Yoder recommended a 3% base wage increase for all employees. Corbin Tessman made a motion to accept the mayor’s recommendation for the 3% base wage increase for all employees and to leave all of the benefits in place. Mike Wall seconded. Roll vote: Ayes - Corbin Tessman, Mike Wall, Lee Thiessen and Jeb Mierau. Motion carried. 2017-18 wages are as follows: Chief of Police - $26.47/hr, Clerk - $24.21, Utility - $20.70 and $19.31.

             Reports were given. No formal action taken.

             Corbin Tessman made a motion to adjourn. Lee Thiessen seconded. Roll vote: Ayes - Corbin Tessman, Lee Thiessen, Mike Wall and Jeb Mierau. Motion carried.


Mike Yoder, Mayor


Connie Brown, City Clerk