City Council

MINUTES OF THE REGULAR CITY COUNCIL MEETING October 1, 2024; 5:30 p.m. CALL TO ORDER A regular meeting of the Council of the City of North Platte, Nebraska was convened in open and public session at 5:30 p.m. in the City Hall Council Chambers at 211 West 3rd Street. Invocation was given by Brad Garrick and the pledge of allegiance was recited. ROLL CALL Present were Nisley, Tryon, Lucas, Garrick, Rieker, Woods. Volz and Flanders were absent. Mayor Brandon Kelliher presided and City Clerk Angela Gilbert recorded the proceedings. OPEN MEETINGS Mayor Kelliher stated that a current copy of the Open Meetings ACT Act of Nebraska is posted on the wall at the back of the Council Chambers. Notice of the meeting was given in advance thereof by posting in three public places in the City as follows: North Platte Public Library, Lincoln County Courthouse and City Hall; the designated method for giving notice (Certificate of Posting) is attached to these Minutes. Proceedings hereafter shown were taken while the meeting was open to the attendance of the public. CONSENT AGENDA Rieker moved and Nisley seconded the motion to approve the Consent Agenda as follows: A. Approve the Minutes of September 17 and 24, 2024. B. Approve the application by Fraternal Order of Eagles #2839 for a Special Designated License on October 12, 2024 from 4:00 p.m. to 12:00 a.m. at D & N Event Center, 501 East Walker Road for the Pheasants Forever Fundraiser. C. Approve the Collective Bargaining Agreement between City of North Platte and IBEW Local #1597 (ML&W) for the term of October 1, 2024 – September 30, 2027. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. ITEM #2 Garrick moved and Lucas seconded the motion to approve the AIRPORT Resolution granting continued authority to the Airport Authority AUTHORITY ADD’L of the City of North Platte, Nebraska for the additional 3.5 cent LEVY TABLED levy.  Lucas moved and Garrick seconded the motion to table action on the Resolution until there is a full Council present. Roll call vote: "AYE": Tryon, Lucas, Garrick, Rieker. "NAY": Nisley, Woods. “ABSENT”: Volz, Flanders. Motion carried. Rieker moved and Garrick seconded the motion to authorize and ITEM #3 WRG FOR approve the bid for recycling services to be awarded to Western RECYCLING Resources Group, Inc. (WRG) of Ogallala to receive the City of SERVICES North Platte recyclables and authorize the Mayor to sign all documents for the City. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. Garrick moved and Lucas seconded the motion to adopt the ITEM #4 Resolution amending the User Fees Resolution for fiscal year AMEND 2024-2025 2024-2025 for the Public Transit Department to increase the USER FEES FOR Billing Fee from $1.50 to $2.00. Roll call vote: "AYE": Nisley, PUBLIC TRANSIT Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. ITEM #5 Rieker moved and Lucas seconded the motion to adopt the STOP SIGNS Resolution to approve placing Stop signs at the intersections of AT VARIOUS Business Park Drive southbound at State Farm Road, William INTERSECTIONS Avenue eastbound and westbound at Ash Street, Adams Avenue northbound and southbound at West 3rd Street, Washington Avenue northbound and southbound at West 3rd Street, and Lincoln Avenue northbound and southbound at West 3rd Street. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. ITEM #6 Mayor Kelliher declared a Public hearing to allow three 60’ CONDITIONAL USE aviation towers located at 5400 East Lee Bird Drive. PERMIT, 5400 E. LEE BIRD DRIVE No one appeared. Garrick moved and Rieker seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. Garrick moved and Rieker seconded the motion to find the request for a Conditional Use Permit to allow three 60’ aviation communication towers located at 5400 East Lee Bird Drive meets the minimum standards stated in the North Platte Code of Ordinances Section 156.322 and approve and grant the  Conditional Use Permit requested with the condition that all elements of the application are complied with based on the following factual findings: 1. The use shall conform to all applicable ordinances, laws and regulations of any governmental jurisdiction. 2. The use shall have adequate water, sewer, and drainage facilities. 3. Ingress and egress shall be so designated as to minimize traffic congestion in the public streets. 4. The use shall in all other respects conform to the applicable regulations of the district in which it is located. 5. The use shall be in harmony with the character of the area and the most appropriate use of the land. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. ITEM #7 Mayor Kelliher declared a Public hearing to adopt the Resolution PRO HOUSING authorizing the Mayor or designee to submit the City of North ACCPLICATION Platte PRO Housing application and authorize the Mayor to sign TABLED all necessary documents between the U.S. Department of Housing and Urban Development and the City of North Platte. No one appeared. Rieker moved and Garrick seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. Lucas moved and Garrick seconded the motion to adopt the Resolution. Nisley moved and Lucas seconded the motion to table action on the Resolution. Roll call vote: "AYE": Nisley, Lucas, Garrick. "NAY": Tryon, Rieker, Woods. “ABSENT”: Volz, Flanders. Mayor Kelliher voted “AYE” and the motion carried. ITEM #8 The Resolution regarding the City of North Platte, Nebraska PULLED FROM MicroTIF Blight and Substandard Study - LCCDC as prepared THE AGENDA by the City of North Platte and approval of related actions was pulled from the Agenda. ITEM #9 Mayor Kelliher declared a Public hearing to adopt Ordinance APPROVE No. 4178 to amend the City of North Platte Code of Ordinances ORDINANCE 4178 Section 156.042 Conditional Uses in an A-1 Transitional ON 1ST READING Agricultural District to add: 156.042 (A)(33) Event center or special event venue. Mike Cook, 1906 West Eugene Avenue, stated there should be some type of penalty or lien on defaulted Conditional Use Permits and the properties should be returned to their original condition. Rieker moved and Garrick seconded the motion to close the hearings. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. Garrick moved and Nisley seconded the motion to waive the three readings and approve Ordinance No. 4178. Garrick withdrew his motion, with the consent of Nisley. Mayor Kelliher instructed Ordinance No. 4178 be read by title on its first reading. Rieker moved and Garrick seconded the motion to approve Ordinance No. 4178 on its first reading. Roll call vote: "AYE": Nisley, Lucas, Garrick, Rieker, Woods. "NAY": Tryon. “ABSENT”: Volz, Flanders. Mayor Kelliher declared a Public hearing to adopt Ordinance ITEM #10 No. 4179 to amend the City of North Platte Code of Ordinances APPROVE Section 156.042 Conditional Uses in an A-1 Transitional ORDINANCE 4179 ON 1ST READING Agricultural District to add: 156.042 (A)(32) Commercial stables located outside the city limits of the City of North Platte and on a property or parcel consisting of 10.01 acres or more. No one appeared. Rieker moved and Lucas seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. Mayor Kelliher instructed Ordinance No. 4179 to be read by title on its first reading. Rieker moved and Garrick seconded the motion to approve Ordinance No. 4179 on its first reading. Roll call vote: "AYE": Nisley, Lucas, Garrick, Rieker. "NAY": Tryon, Woods. “ABSENT”: Volz, Flanders. Mayor Kelliher voted “AYE” and the motion carried. ITEM #11 Mayor Kelliher declared a Public hearing to adopt Ordinance APPROVE No. 4180 to amend the City of North Platte Code of Ordinances ORDINANCE 4180 to add Solar Farms under Supplementary Regulations by adding: ON 1ST READING Section 156.313 Commercial Solar Conversion Systems (CSCS) Regulations (Solar Farms). Gary Person, President of North Platte Chamber/DEVCO, told the Council there has been developers asking about solar energy and looking all types of power and it is going to be more popular in the future. Rieker moved and Garrick seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. Lucas moved and Rieker seconded the motion to change the wording in 156.313(B) to read: Permitted Zoning Districts. I-2 Heavy Industrial, I-1 Light Industrial, A-1 Transitional Agricultural (permitted by conditional use). Roll call vote: "AYE": Nisley, Lucas, Garrick, Rieker, Woods. "NAY": Tryon. “ABSENT”: Volz, Flanders. Motion carried. Roll call vote on the main motion as amended: "AYE": Nisley, Lucas, Garrick, Rieker. "NAY": Tryon, Woods. “ABSENT”: Volz, Flanders. Mayor Kelliher voted “AYE” and the motion carried. ITEM #12 Mayor Kelliher declared a Public hearing to adopt Ordinance APPROVE No. 4181 to amend the City of North Platte Code of Ordinances ORDINANCE 4181 Section 156.042 Conditional uses in an A-1 Transitional ON 1ST READING Agricultural District to add: 156.042 (A)(34) Commercial Solar Conversion Systems (Solar Farms) provided the project conforms to provisions set forth in Section 156.313, and Section 156.236 Permitted Uses in an I-1 Light Industrial District to add: (B)(23) Commercial Solar Conversion Systems (Solar Farms) provided the project conforms to provisions set forth in Section 156.313. No one appeared. Rieker moved and Lucas seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried.  Mayor Kelliher instructed Ordinance No. 4181 to be read by title on its first reading. Lucas moved and Garrick seconded the motion to adopt Ordinance No. 4181 to amend the City of North Platte Code of Ordinances Section 156.042 Conditional Uses in an A-1 Transitional Agricultural District to add: 156.042(A)(34) Commercial Solar Conversion Systems (Solar Farms) provided the project conforms to provisions set forth in Section 156.313, and Section 156.237 Conditional Uses in an I-1 Light Industrial District to add: (B)(23) Commercial Solar Conversion Systems (Solar Farms) provided the project conforms to provisions set forth in Section 156.313 on its first reading. Roll call vote: "AYE": Nisley, Lucas, Garrick, Rieker. "NAY": Tryon, Woods. “ABSENT”: Volz, Flanders. Mayor Kelliher voted “AYE” and the motion carried. Rieker moved and Garrick seconded the motion to approve the ITEM #13 Claims. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, CLAIMS Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. ADJOURN Rieker moved and Garrick seconded the motion to adjourn. Roll call vote: "AYE": Nisley, Tryon, Lucas, Garrick, Rieker, Woods. "NAY": None. “ABSENT”: Volz, Flanders. Motion carried. Adjourned at 6:58 p.m. Angela Gilbert, City Clerk