City Council

MINUTES OF THE REGULAR CITY COUNCIL MEETING October 15, 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 John Stone and the pledge of allegiance was recited. ROLL CALL Present were Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker, Woods. 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 shown hereafter 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 October 1, 2024. B. Approve application by TBS Liquors NP LLC dba Bottle Shop for a Special Designated License on October 26, 2024 from 5:00 p.m. to 8:00 p.m. at 514 South Jeffers for a Product Tasting. C. Accept the report of North Platte Volunteer Firefighter’s Service Award Program Administrator, Scott Moses and have $11,000 (approved in 2024-2025 budget) held in Trust at First National Bank of Omaha. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker, Woods. "NAY": None. Motion carried. ITEM #2 Garrick moved and Volz 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 3.5 CENT LEVY levy. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker, Woods. "NAY": None. Motion carried. ITEM #3 Garrick moved and Volz seconded the motion to approve APPROVE Ordinance No. 4185 authorizing the issuance by the City of ORDINANCE 4185 North Platte, Nebraska of its Municipal Improvement Bonds, in the aggregate principal amount of not to exceed $52,000,000, in one or more series, for the purpose of expanding and renovating the North Platte Recreation Center and Cody Pool on its first reading. Lucas moved and Volz seconded the motion to amend the motion to waive the three readings of Ordinance No. 4185. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker. "NAY": Woods. Motion carried. Mayor Kelliher instructed Ordinance No. 4185 to be read by title one time only. Roll call vote on Ordinance No. 4185 as amended: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker. "NAY": Woods. Motion carried. ITEM #4 Garrick moved and Flanders seconded the motion to authorize VISIT NORTH the Mayor to negotiate and sign the Improvement Fund Grant PLATTE Agreement with Visit North Platte. Roll call vote: "AYE": IMPROVEMENT Nisley, Volz, Lucas, Garrick, Flanders, Rieker. "NAY": Tryon, FUND GRANT Woods. Motion carried. Garrick moved and Rieker seconded the motion to authorize the ITEM #5 Mayor to negotiate and sign the Real Estate Purchase and Option PURCHASE Agreement with Midwest Land Development, LLC. Roll call AGREEMENT WITH vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, MIDWEST LAND DEVELOPMENT LLC Rieker, Woods. "NAY": None. Motion carried. ITEM #6 Rieker moved and Woods seconded the motion to approve the PAULSEN, INC. bid and authorize the Mayor to negotiate and sign contract for FOR PAVING 837 Paving District No. 837 with Paulsen, Inc. of Cozad, NE in the amount of $2,147,703. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker, Woods. "NAY": None. Motion carried. Rieker moved and Volz seconded the motion to approve the ITEM #7 selection of the companies set forth in Equipment Package #2 EQUIPMENT PACKAGE #2 Award – Schedule A, for the Industrial Wastewater Treatment FOR WWTP Plant, as presented in Council materials, and authorize the Mayor to negotiate and execute the necessary documents. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker, Woods. "NAY": None. Motion carried. ITEM #8 Rieker moved and Garrick seconded the motion to authorize the AMENDMENT #2 Mayor to negotiate and sign contract for Amendment #2, WITH RICE LAKE Guaranteed Maximum Price #1 with Rice Lake West in the WEST FOR WWTP amount of $10,086,695. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker, Woods. "NAY": None. Motion carried. ITEM #9 Garrick moved and Lucas second the motion to ratify all actions RATIFY ACTIONS of Layne Groseth, our LARM representative, identified in the AT LARM ANNUAL minutes of the Annual Members Meeting of the League MEETING Association of Risk Management on October 2, 2024, including election of nominees to the LARM Board of Directors. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker, Woods. "NAY": None. Motion carried. Rieker moved and Volz seconded the motion to adopt the ITEM #10 Resolution amending the User Fees Resolution for fiscal year AMEND 2024-2025 USER FEES FOR 2024-2025 for the Electric, Water and Sewer Departments to ML&W increase the Overtime minimum from one (1) to two (2) hours. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker. "NAY": Woods. Motion carried. ITEM #11 Garrick moved and Nisley seconded the motion to adopt the MIAP GRANT Resolution confirming the proposed infrastructure improvement APPLICATION project along East Francis is included within an approved redevelopment plan under the Community Development Law, and authorize the Mayor or designee to submit the City of North Platte Municipal Infrastructure Aid Program application requesting $1,595,315 in MIAP funds with a City match commitment of $531,772 or 25% of award and authorize the Mayor to sign all necessary documents between the Nebraska Department of Economic Development and the City of North Platte. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker, Woods. "NAY": None. Motion carried. Garrick moved and Volz seconded the motion to adopt the ITEM #12 Resolution authorizing the Mayor or designee to submit the City PRO HOUSING of North Platte PRO Housing application and authorize the GRANT APPLICATION Mayor to sign all necessary documents between the U.S. Department of Housing and Urban Development and the City of North Platte. Roll call vote: "AYE": Nisley, Volz, Lucas, Garrick, Flanders. "NAY": Tryon, Rieker, Woods. Motion carried. ITEM #13 Garrick moved and Flanders seconded the motion to adopt a MICROTIF PROJECT, Resolution to approve a MicroTIF project for M2 Properties, 302 WEST FRANCIS LTD for redevelopment of a vacant lot into multi-family residential located at 302 West Francis Street. Roll call vote: "AYE": Nisley, Volz, Lucas, Garrick, Flanders. "NAY": Tryon, Rieker, Woods. Motion carried. ITEM #14 Mayor Kelliher instructed Ordinance No. 4178 to amend the City APPROVE of North Platte Code of Ordinances Section 156.042 Conditional ORDINANCE 4178 Uses in an A-1 Transitional Agricultural District to add: 156.042 (A)(33) Event center or special event venue to be read by title on its second reading. Rieker moved and Volz seconded the motion to approve Ordinance No. 4178 on its second reading. Volz moved and Garrick seconded the motion to amend the motion to waive the third reading of Ordinance No. 4178. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker, Woods. "NAY": None. Motion carried. Roll call vote on Ordinance No. 4178 as amended: "AYE": Nisley, Volz, Lucas, Garrick, Flanders, Rieker, Woods. "NAY": Tryon. Motion carried. ITEM #15 Mayor Kelliher instructed Ordinance No. 4179 to amend the City APPROVE of North Platte Code of Ordinances Section 156.042 Conditional ORDINANCE 4179 Uses in an A-1 Transitional 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 to be read by title on its second reading. Rieker moved and Volz seconded the motion to approve Ordinance No. 4179 on its second reading. Lucas moved and Volz seconded the motion to amend the motion to waive the third reading of Ordinance No. 4179. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker. "NAY": Woods. Motion carried. Roll call vote on Ordinance No. 4179 as amended: "AYE": Nisley, Volz, Lucas, Garrick, Flanders, Rieker. "NAY": Tryon, Woods. Motion carried. ITEM #16 Mayor Kelliher instructed Ordinance No. 4180 to amend the City APPROVE of North Platte Code of Ordinances to add Solar Farms under ORDINANCE 4180 Supplementary Regulations by adding: Section 156.313 ON 2ND READING Commercial Solar Conversion Systems (CSCS) Regulations (Solar Farms) to be read by title on its second reading. Lucas  moved and Volz seconded the motion to approve Ordinance No. 4180 on its second reading. Roll call vote: "AYE": Nisley, Volz, Lucas, Garrick, Flanders, Rieker. "NAY": Tryon, Woods. Motion carried. Mayor Kelliher instructed Ordinance No. 4181 to amend the City ITEM #17 APPROVE of North Platte Code of Ordinances Section 156.042 Conditional ORDINANCE 4181 uses in an A-1 Transitional Agricultural District to add: 156.042 ON 2ND READING (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: (E) Commercial Solar Conversion Systems (Solar Farms) provided the project conforms to provisions set forth in Section 156.313 to be read by title on its second reading. Garrick moved and Lucas seconded the motion to approve Ordinance No. 4181 on its second reading. Roll call vote: "AYE": Nisley, Volz, Lucas, Garrick, Flanders, Rieker. "NAY": Tryon, Woods. Motion carried. ITEM #18 Rieker moved and Volz seconded the motion to adopt the ISSUE WARRANTS Resolution approving claims and authorizing the issuance of two TO VARIOUS warrants to Nebraska Department of Transportation in the VENDORS amounts of $512,257.32 and $731,443.44, one warrant to Paulsen Inc. in the amount of $15,175.50, one warrant to Level, LLC in the amount of $10,768.04, one warrant to ATC Group Services, LLC in the amount of $2,360.00 and one warrant to Simon Contractors in the amount of $55,971.75 to pay approved claims and referring to and incorporating the terms and conditions of Ordinance No. 3874 relating to warrant financing. Roll call vote: "AYE": Nisley, Tryon, Volz, Garrick, Flanders, Rieker, Woods. "NAY": None. “ABSTAIN”: Lucas. Motion carried. ITEM #19 Mayor Kelliher declared a Public hearing to adopt the Resolution MICROTIF BLIGHT regarding the City of North Platte, Nebraska MicroTIF Blight STUDY - LCCDC and Substandard Study - LCCDC as prepared by the City of North Platte and approval of related actions. No one appeared. Garrick moved and Rieker seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker, Woods. "NAY": None. Motion carried.  Garrick moved and Flanders seconded the motion to adopt the Resolution. Roll call vote: "AYE": Nisley, Volz, Lucas, Garrick, Flanders. "NAY": Tryon, Rieker, Woods. Motion carried. Rieker moved and Nisley seconded the motion to approve the ITEM #20 Claims. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, CLAIMS Garrick, Flanders, Rieker, Woods. "NAY": None. Motion carried. ADJOURN Rieker moved and Nisley seconded the motion to adjourn. Roll call vote: "AYE": Nisley, Tryon, Volz, Lucas, Garrick, Flanders, Rieker, Woods. "NAY": None. Motion carried. Adjourned at 7:38 p.m. Angela Gilbert, City Clerk