Possible litigation, earlier meeting time on council agenda

McCOOK, Neb. — The McCook City Council meeting may be short for the public Monday night, but longer for the council with the possibility of a closed session due to potential litigation.

The agenda for Monday night has only one discussion item, to move the city council meeting time up to 6 p.m. instead of the current 6:30 p.m., as requested by Mayor Mike Gonzales. Consent agenda items, that can be approved in one motion or pulled for discussion, include those for an amended agreement with a telecommunications company, receive and file a report on Tax Increment financing in the city and approve specifications for the pavement replacement at the McCook Airport, estimated at over $1 million with 90% paid by the federal government.

Upon majority vote of the council, a closed executive session could be after the regular meeting for a strategy session concerning potential litigation from Bob Wilcox. Wilcox talked to council last month about long-standing drainage problems he has on his property that he alleges are due to a city-owned drainage ditch.

Consent agenda items include:

-- Approve the first amendment to Telecommunications Site Lease Agreement between the City of McCook and New Cingular Wireless PCS, LLC. A site lease agreement between the City of McCook and Tisdale Nebraska LLC in March 2014 allowed Tisdale to place telecommunication equipment on the city’s west water tower. New Cingular Wireless PCS LLC, successor in interest to Tisdale, has requested to amend the agreement to place additional antennas, cables and other related equipment. According to the city council agenda report, staff reviewed the request, felt comfortable with the additional equipment and per city policy, included an increase in rent of $150 per month, that the lessee agreed to. The original price of rental agreement was not included in the amendment.

-- Approve plans and specifications for joint sealing and pavement replacement at McCook Ben Nelson Regional Airport and set the time and date to receive bids as 2 p.m. on May 29, 2019. This project is being funded 90% with a grant from the Federal Aviation Administration and engineers estimate the cost of the project at $1.17 million. The specifications have been approved by the Nebraska Department of Aeronautics and the FAA and the city has been authorized to advertise for bids.

-- Receive and file the City of McCook’s Tax Increment Financing Annual Report, dated April 2019. On or before May of each year, the City of McCook Community Development Agency is required to compile information on the progress of TIF (tax increment financing) projects in the city. This report is for 2018. The information must be reported to the city council and other taxing entities affected by the division of taxes.

-- Approve and authorize the Mayor to sign the Certificate of Substantial Completion and Pay Application 2 (Final) for renovation of the Barnett Park Lift Station: This lift station handles about 30,000 gallons per day of industrial sewage along with residential flow from homes in the area. The project essentially replaced all the equipment at the lift station and was completed in March 2019. It went over budget by $4,427, that Jesse Dutcher, utilities director, said in the agenda report can be covered with other projects coming in under budget, mainly the West Fourth sewer main project that was $7,000 under cost. Total costs of the project was $184,427, that included $20,000 for design, permitting and onsite observation.

-- Adopt Resolution No. 2019-08 granting a Waiver of Payment in Lieu of Taxes to the McCook Housing Agency. The waiver is a requirement of HUD and is presented to the council on an annual basis.

-- Appoint Tom Buresh, Gene Weedin, Janet Hepp, Lea Ann Doak, and Nate Schneider to the insurance review committee.

-- approve three applications for a special designation liquor license, from: JBN, Inc., dba Hi Times Liquor Mart 1, for a wedding reception at the Red Willow County Community Building on Nov. 9, 2019, from 12 p.m. to 1 a.m.;

The McCook Area Chamber of Commerce for a mixer at Wireless World, 218 West "B" Street, on June 5, 2019, from 12 p.m to 10 p.m.;

MO Dough, LLC, for a wedding reception at the Red Willow County Fair Grounds Community Building on July 13, 2019, from 8 a.m. to 1 a.m.

At the beginning of Monday night’s meeting, the mayor will be asked to make two proclamations, one for "Police Officers Memorial Day" on May 15, 2019 and the week of May 12 - 18, 2019, as "National Police Week” and another for "Drinking Water Week" from May 5 - 11, 2019.

The meeting starts at 6:30 p.m at city council chambers in the city municipal building.