April 4, 2022 at 5:30 PM - McCook City Council

Roll Call.
Excuse Absences.

Open Meetings Act Announcement.

Pledge of Allegiance.

Call to Order.

Items.

1. Announcements & Recognitions.

2. Public Hearings.

2.A. Conduct a public hearing on the application of Hurling Hatchets, LLC; dba “The Axe House", for Class "C" License #124768 - (Beer, Wine Distilled Spirits, On and Off Sale) License under the Nebraska Liquor Control Commission, to be located at 219 Norris Avenue, McCook, Nebraska.

2.A.1. Reconvene as a City Council.

2.B. Recommend approval to the Nebraska Liquor Control Commission the application of Hurling Hatchets, LLC; dba “The Axe House", for Class "C" License #124768 - (Beer, Wine Distilled Spirits, On and Off Sale) License under the Nebraska Liquor Control Commission, to be located at 219 Norris Avenue, McCook, Nebraska.

3. Proclamations.

3.A. Approve the proclamation designating the week of April 3 - 9, 2022 as “National Library Week” in the City of McCook and authorize the Mayor to sign.
 

3.B. Approve the proclamation designating the week of April 10 through 16, 2022, as "National Public Safety Telecommunicators Week" and authorize the Mayor to sign.

4. Consent Agenda.

4.A. Approve the minutes of the March 21, 2022 regular City Council meeting.

4.B. Approve bid specifications and documents for a Fire Safety Trailer Simulator and set the date to receive bids as April 25, 2022, at 2:00 P.M.

4.C. Approve an application from Pinpoint Communications, Inc. of Cambridge, Nebraska to occupy city right-of-way for the purpose of installing underground conduit and a vault for fiber optic cable starting at East "J" Street and East 11th Street, continuing north approximately 2900 feet.

4.D. Approve the Encroachment Agreement with Black Hills Nebraska Gas, LLC(BHENEG) for the sole purpose of gathering soil samples, along West 1st Street, West 2nd Street, West 3rd Street, West 4th Street and the alley connecting West 2nd Street and West 3rd Street south of West “B” Street and north of West “A” Street and authorize the Mayor to sign.

4.E. Receive and file the confirmation of an emergency purchase of one (1) new Manitex A62 truck mounted aerial work platform mounted on a 2022 Ford F550 Chassis for the Street Department, from Crane and Machinery at a cost of $176,400.00, due to the ongoing supply chain issues.

5. Regular Agenda.

5.A. Approve the job description for an assistant city manager position and associated pay grade.

5.B. Approve a request from Adamark Investments, LLC to allow the former St. Catherine's Apartments facility to be rehabilitated contingent upon:  1) Adamark Investments, LLC developing a rehabilitation plan by April 1, 2023; 2) upon completion of the rehabilitation plan, Adamark Investments, LLC beginning the process of physically rehabilitating the structure; and 3) during the course of its ownership, Adamark Investments, LLC maintaining the exterior portions of the lot in a condition that conforms with the City of McCook's Code of Ordinances.

5.C. Consider on its second reading Ordinance No. 2022-3036 providing for the amendment of Chapter 38:  Fee Schedule - Appendix E, Water Department Rates and Fees.

5.C.1. Chairperson asks Clerk to read Ordinance by title.

5.C.2. Consider approval of Ordinance No. 2022-3036 upon its second reading.

5.D. Consider on its first reading Ordinance No. 2022-3037 providing for the amendment of Chapter 38:  Appendix D, Sewer Department Rates and Fees.

5.D.1. Chairperson asks Clerk to read Ordinance by title.

5.D.2. Consider approval of Ordinance No. 2022-3037 upon its second reading.

5.E. Consider Ordinance No. 2022-3038 amending Ordinance No. 2021-3016 to correct certain provisions related to defined terms.

5.E.1. Chairperson asks Clerk to read Ordinance by title.

5.E.2. Consider statutory rule requiring reading on three separate occasions be suspended. Motion to suspend the rule must be adopted by three-fourths of the Council.

5.E.3. Final passage of Ordinance No. 2022-3038.

5.E.4. Chairperson declaration after vote and passage, if approved under suspension of the rule.

5.F. Consider Ordinance No. 2022-3039 authorizing an amendment of an existing loan agreement between the city of McCook and the Nebraska Department of Environment and Energy to adjust prepayment provisions.

5.F.1. Chairperson asks Clerk to read Ordinance by title.

5.F.2. Consider statutory rule requiring reading on three separate occasions be suspended. Motion to suspend the rule must be adopted by three-fourths of the Council.

5.F.3. Final passage of Ordinance No. 2022-3039.

5.F.4. Chairperson declaration after vote and passage, if approved under suspension of the rule.

5.G. Consider Ordinance No. 2022-3040 authorizing and providing for the issuance of a $2,490,000 aggregate principal amount Combined Utilities Revenue Bond, Series 2022, in the form of a promissory note of the City of McCook, to pay the costs of acquiring, constructing, improving, extending, equipping, and furnishing improvements to the City’s water works plant and water system, as well as, approving the execution and delivery of a loan agreement with the Nebraska Department of Environment and Energy.

5.G.1. Chairperson asks Clerk to read Ordinance by title.

5.G.2. Consider statutory rule requiring reading on three separate occasions be suspended. Motion to suspend the rule must be adopted by three-fourths of the Council.

5.G.3. Final passage of Ordinance No. 2022-3040.

5.G.4. Chairperson declaration after vote and passage, if approved under suspension of the rule.

5.H. Council Comments.

5.I. Meeting of the McCook Community Development Agency.

5.I.1. Recess as a City Council and convene as the McCook Community Development Agency for consideration of the CDA Agenda.

5.I.2. Call to Order and Roll Call.

5.I.3. Open Meetings Act Announcement.

5.I.4. Approve Resolution No. CDA 2022-01 making a minor modification and amendment to the MEDC Infill Housing Project Redevelopment Plan Amendment to correct the legal description identified therein.

5.I.5. Approve Resolution No. CDA 2022-02 authorizing and approving the first amendment to the redevelopment agreement for the MEDC Infill Housing Project to adjust the Effective Date contemplated in the original Redevelopment Agreement.

5.I.6. Adjourn the McCook Community Development Agency meeting.

5.J. An Executive Session may be held upon a majority vote of the Council for the protection of public interest for a strategy session with respect to litigation as evidenced by communication of notice of appeal from SBA Towers IV, LLC of the special exception granted to Parallel Infrastructure for a telecommunications tower.

5.J.1. Nebraska Open Meetings Act statement, if a motion to close passes.

5.J.2. If moved into Executive Session, motion to close.

5.K. An Executive Session may be held upon a majority vote of the Council for the protection of public interest for a strategy session with respect to litigation Case No. CI 21-159, City of McCook vs. Sarah L. Wederski.

5.K.1. Nebraska Open Meetings Act statement, if a motion to close passes.

5.K.2. If moved into Executive Session, motion to close.

Adjournment.