City Council ready for long session

Several major issues on the McCook City Council agenda could take the regular meeting Monday night into the wee hours of the morning, according to City Manager John Bingham.

Bingham said if the meeting goes as expected, discussion on items such as State Revolving Loan Funds, reconsideration of a special exception for a parking lot near McCook Community College, discussion on setback requirements for a McCook residence, and executive sessions and decisions regarding the purchase of land to develop the city's new water treatment facility and and evaluation of the city manager's performance could make for an extended meeting.

The City of McCook has received the finalized loan agreement with the Nebraska Department of Environmental Quality. The council will be asked to approve the agreement, which guarantees "not $13.9 million, not $9.9 million, only $3.5 million," Bingham said.

That $3.5 million will be the only money available through State Revolving Loan Funds through May, 2005. The city is approved for $9.9 million, however the remaining funds of $6.4 million won't be available from the federal government until August or September of 2005.

If the council approves the ordinance authorizing the bond issuance for the funds, the city's bond agent, Lauren Wisner, will meet with the Nebraska Department of Environmental Quality for the final closing on the documents. Bingham said once all the proper paperwork is submitted the funds should be available after Feb. 14.

McCook Community College representatives are expected at the meeting to further discuss its plans to develop a parking lot at 1111 E. Third and 1112 E. Fourth.

The council voted 3-1 at its last meeting to deny a request by the college to develop the parking lots. Mayor Dennis Berry was the only favorable vote. Phil Lyons abstained from voting due to a possible conflict of interest.

Mayor Dennis Berry has requested that the item be placed back on the agenda. The only way that will be possible is if one of the three council members voting against the project were to make a motion to reconsider the special exception.

On the council agenda, Bingham points out that the notice of the public hearing was sent to 35 homeowners and the two homeowners who showed up to oppose the lot represent only 5.71 percent of th property owners.

"For whatever reason, 94.29 percent of the property owners in this area who received a notice of the proposal were not concerned enough to attend the public meeting," he wrote.

Bingham recommends that the special exception be approved by the city.

The council will be advised to take no action to reverse or modify the action of the city's Board of Zoning Adjustment which denied a special request by Rosalie Weskamp to allow an exemption for setback requirements on her property.

The request was denied in 2001; however, Weskamp continued to apply for building permits an additional 11 times. After the final denial, Weskamp hired a contractor who began working on the project.

Weskamp was issued a stop-work order by city building inspector Doyle Wineland and ordered to remove the newly constructed structure.

Bingham, also the city's zoning administrator, points out that the city council has no authority to force the Board of Zoning Adjustment to reconsider and reverse its decision, the city cannot legally reverse the board's zoning on its own, and -- even if the council were to change zoning laws -- any action taken in the present would not be retroactive to provide relief for Weskamp.

Bingham points out that any action the council might attempt to take could result in potential lawsuits and could adversely affect current lawsuits such as the bleacher issue with Red Willow County.

Prior to a public hearing to notify property owners who have property adjacent to the city's proposed water treatment facility, of the city's intent to purchase nearly 77 acres of land from Jay Hancock, the council will adjourn into executive session to discuss pending litigation and land acquisition. After the council is asked to adopt a resolution identifying its intentions, it will again adjourn into executive session to evaluate the performance of the city manager. Following that executive session, the council will be asked to approve the employment agreement with the city manager.

In other action, the council will:

* Conduct a public hearing to discuss the waste water treatment facility improvements. Discussion will address the potential impact of the existing wastewater for construction of a new Biological Aerated Filter Supernatant Holding Tank and Snail Control System.

* Be asked to accept chlorination as the method of disinfection for the water system after the installation of the new water treatment plant.

* Conduct two public hearings to consider rezoning and a final plat for development of certain property at the intersection of U.S. Highway 83 and Road 714.

* Conduct a public hearing to discuss the 2005 -- one- and six-year street improvement plan.