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City Council

Regular Meeting

North Platte, NE · April 15, 2025

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Minutes

MINUTES OF THE REGULAR CITY COUNCIL MEETING April 15, 2025; 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 Kent Hanson and the pledge of allegiance was recited. ROLL CALL Present were Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. 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. ITEM #1 Rieker moved and Nisley seconded the motion to approve the CONSENT AGENDA Consent Agenda as follows: A. Approve the Minutes of April 1, 2025. B. Send the application of Fresh Foods Central Inc. dba Fresh Foods for a Class C Liquor License (Beer, Wine, Distilled Spirits, On & Off Sale) at 1620 East 4th Street, Suite 110 to the Nebraska Liquor Control Commission with no recommendation. C. Send the application of Flat Rock Properties 2 LLC dba Highball Liquor for a Class C Liquor License (Beer, Wine, Distilled Spirits, On & Off Sale) at 1108 Rodeo Road Ste 1 to the Nebraska Liquor Control Commission with no recommendation. D. Send the application of Luigi’s Italian Restaurant for a Class I Liquor License (Beer, Wine, Distilled Spirits, On Sale Only) at 502 South Jeffers Street to the Nebraska Liquor Control Commission with no recommendation. E. Adopt the 2024 Fire Department Annual Report. F. Approve application by TBS Liquors NP LLC dba The Bottle Shop for a Special Designated License on May 2, 2025 from 3:00 p.m. to 11:30 p.m. at Jerry Remus Chevrolet at 3801 South Jeffers for a Customer Appreciation Event. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #5 Mayor Kelliher declared a Public hearing on Project PROJECT Implementation Status on 2024 Community Development Block IMPLEMENTATION Grant (CDBG) Funds to assist the City of North Platte with STATUS ON 2024 infrastructure improvements located on West 15th Street from CDBG FUNDS North Hayes Avenue to North Custer Avenue, continuing onto North Custer Avenue from West 15th Street to West 16th Street. Kevin Kreger, Assistant Planner/Grants Administrator, told the Council the bids for the project came back less than anticipated so we are able to add North Custer Avenue from West 15th Street to West 17th Street to the project. Garrick moved and Volz seconded the motion to close the hearing and no action was taken. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Garrick moved and McNew seconded the motion to approve the ITEM #6 LEVEL LLC bid and authorize Mayor to sign contract with Level, LLC of FOR SID 364 North Platte for Street Improvement District No. 364 (West 15th Street from Custer Avenue to Hayes Avenue and North Custer Avenue from 15th Street to 16th Street) in the amount of $402,228.00. Lucas moved and Nisley seconded the motion to amend the motion to approve the bid and authorize Mayor to sign contract with Level, LLC of North Platte for Street Improvement District No. 364 (West 15th Street from Custer Avenue to Hayes Avenue and North Custer Avenue from 15th Street to 17th Street) up to the maximum grant amount of $440,000.00. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Roll call vote on the main motion as amended: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Mayor Kelliher declared a Public hearing to adopt Ordinance ITEM #7 No. 4207 vacating an alley located in the 400 block between East APPROVE 2nd Street and East 3rd Street and retaining the alley as an access ORDINANCE 4207 ON 1ST READING and utility easement. No one appeared. Garrick moved and McNew seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, McNew. "NAY": None. “ABSTAIN”: Rieker. Motion carried. Mayor Kelliher instructed Ordinance No. 4207 to be read by title on its first reading. Garrick moved and Flanders seconded the motion to approve Ordinance No. 4207 on its first reading. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, McNew. "NAY": None. “ABSTAIN”: Rieker. Motion carried. ITEM #8 Rieker moved and Dye seconded the motion to approve the bid LEVEL LLC FOR and authorize Mayor to negotiate and sign contract documents CODY PARK with Level, LLC of North Platte for Cody Park Sidewalk and SIDEWALK AND Parking in the amount of $124,864.75. Roll call vote: "AYE": PARKING Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #9 Mayor Kelliher instructed Ordinance No. 4204 to create Paving APPROVE District No. 839 on Francis Street from the intersection of Tabor ORDINANCE 4204 Avenue thence east to Bryan Avenue; and at the intersection of ON 1ST READING Bryan Avenue and Francis Avenue heading north approximately 165 feet to existing concrete to be read by title on its first reading. Garrick moved and Volz seconded the motion to approve Ordinance No. 4204 on its first reading. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #10 Mayor Kelliher instructed Ordinance No. 4205 to create Paving APPROVE District No. 840 on proposed Francis Street from Devco Avenue ORDINANCE 4205 to Bicentennial Avenue to be read by title on its first reading. ON 1ST READING Flanders moved and Rieker seconded the motion to approve Ordinance No. 4205 on its first reading. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Mayor Kelliher instructed Ordinance No. 4206 to create Paving ITEM #11 APPROVE District No. 841 on proposed Francis Street from Bicentennial ORDINANCE 4206 Avenue to Newberry Access to be read by title on its first ON 1ST READING reading. Garrick moved and Volz seconded the motion to approve Ordinance No. 4206 on its first reading. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #12 Mayor Kelliher instructed Ordinance No. 4200 to rezone certain APPROVE land from an R-3 Dwelling District to a B-2 Highway ORDINANCE 4200 Commercial District on property located at 603 East 5th Street ON 3RD READING and 503 North Cottonwood Street to be read by title on its third reading. Rieker moved and Volz seconded the motion to approve Ordinance No. 4200 on its third reading. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #13 Mayor Kelliher instructed Ordinance No. 4195 to annex Lot 1, APPROVE Otter Second Subdivision into the City of North Platte Corporate ORDINANCE 4195 Limits to be read by title on its second reading. Garrick moved ON 2ND READING and Volz seconded the motion to approve Ordinance No. 4195 on its second reading. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #14 Mayor Kelliher instructed Ordinance No. 4196 to annex Lot 2, APPROVE Otter First Subdivision into the City of North Platte Corporate ORDINANCE 4196 Limits to be read by title on its second reading. Rieker moved ON 2ND READING and Garrick seconded the motion to approve Ordinance No. 4196 on its second reading. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Mayor Kelliher instructed Ordinance No. 4197 to annex Lot 1, ITEM #15 Majors 3 Brothers Administrative Subdivision into the City of APPROVE North Platte Corporate Limits to be read by title on its second ORDINANCE 4197 ON 2ND READING reading. Garrick moved and Rieker seconded the motion to approve Ordinance No. 4197 on its second reading. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #16 Mayor Kelliher instructed Ordinance No. 4198 to annex Block 1, APPROVE Glennfield’s 3rd Subdivision into the City of North Platte ORDINANCE 4198 Corporate Limits to be read by title on its second reading. ON 2ND READING Garrick moved and Volz seconded the motion to approve Ordinance No. 4198 on its second reading. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #17 Rieker moved and Volz seconded the motion to approve the CLAIMS Claims. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ADJOURN CITY Mayor Kelliher told the Council he was adjourning the meeting COUNCIL MEETING at 6:29 p.m. so they could reconvene as a Board of Equalization. Mayor Kelliher told the Council they were sitting as a Board of ITEM #2 Equalization to approve Assessment Schedule for Paving District ASSESS PAVING 836 No. 836 (Iron Trail Drive from Twin Rivers Road thence west to Business Park Drive; also, Business Park Drive from State Farm Road thence north approximately 1,760.77 feet). Gary Person, President of North Platte Chamber/DEVCO, told the Council he is petitioning for a 20-year improvement district bond to give them the opportunity to get the business park developed. Garrick moved and McNew seconded the motion to assess Paving District No. 836 per the assessment schedule. Volz moved and Dye seconded the motion to set the interest rate at 2% above the City’s bond rate, payable for a 20-year period. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Roll call vote to assess Paving District No. 836 per the assessment schedule: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Mayor Kelliher told the Council they were sitting as a Board of ITEM #3 Equalization to approve Assessment Schedule for Water ASSESS WATER 267 Extension District No. 267 (at the intersection of Twin Rivers Road and Iron Trail Drive thence west approximately 1,021.25 feet to the intersection of Business Park Drive; also, Business Park Drive from State Farm Road thence north approximately 1,760.77 feet). No one appeared. Volz moved and Garrick seconded the motion to assess Water Extension District No. 267 per the assessment schedule with interest at 2% above the City’s bond rate, payable for a 20-year period. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #4 Mayor Kelliher told the Council they were sitting as a Board of ASSESS SEWER 21 Equalization to approve Assessment Schedule for Sanitary Sewer Connection District No. 21 (beginning at the northeast corner of Lot 1 of Iron Trail 3rd Administrative Subdivision then continuing west parallel to the north lot lines of Lot 1 of Iron Trail 3rd Administrative Subdivision, Lots 3 and 5 of Iron Trail 2nd Subdivision and the south lot line of Part of W1/2, NE1/4 & Part SE1/4 of 15-13-30 to the northwest corner of Lot 3 of Iron Trail 2nd Subdivision, approximately 2,000 feet; thence south at Business Park Drive parallel to the east lot line of Lots 1-3 of Iron Trail 2nd Subdivision and the west lot line of Lots 4-5 of Iron Trail 2nd Subdivision, approximately 1,760.77 feet). No one appeared. Garrick moved and Volz seconded the motion to assess Sanitary Sewer Connection District No. 21 per the Benefit Schedule. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ADJOURN BOARD OF Mayor Kelliher adjourned the Board of Equalization at 7:08 p.m. EQUALIZATION _________________________ Angela Gilbert, City Clerk

Agenda

AMENDED AGENDA NORTH PLATTE CITY COUNCIL MEETING Tuesday, April 15, 2025; 5:30 P.M. CITY HALL COUNCIL CHAMBERS The City of North Platte invites you to view the meeting live on YouTube at the following link: www.northplattene.gov/watch CALL TO ORDER INVOCATION Kent Hanson, Calling God’s Remnant PLEDGE OF ALLEGIANCE ROLL CALL OPEN MEETINGS ACT A CURRENT COPY OF THE OPEN MEETINGS ACT OF NEBRASKA IS POSTED ON THE WALL AT THE BACK OF THE COUNCIL CHAMBERS. MEETING PROCEDURE THE PUBLIC MAY ADDRESS SPECIFIC AGENDA ITEMS AT THE PLEASURE OF THE MAYOR. IF RECOGNIZED BY THE MAYOR, PLEASE IDENTIFY YOURSELF BY STATING YOUR NAME AND ADDRESS. PLEASE ADDRESS THE COUNCIL THROUGH THE MAYOR AND LIMIT YOUR REMARKS. WE RESPECT OUR CITY EMPLOYEES, AND REQUEST THAT ANY COMPLAINTS OR CRITICISMS OF EMPLOYEES NOT BE AIRED IN A PUBLIC MEETING. CONCERNS ABOUT EMPLOYEES SHOULD BE BROUGHT TO THE ATTENTION OF THE CITY ADMINISTRATOR OR MAYOR. INDIVIDUALS IN VIOLATION WILL BE DECLARED OUT OF ORDER. AWARDS, ACCOLADES, AND PRESENTATIONS CONSENT AGENDA ALL MATTERS UNDER "CONSENT AGENDA" ARE CONSIDERED BY THE CITY COUNCIL TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION. ANY CITY COUNCIL MEMBER MAY, HOWEVER, REMOVE AN ITEM FROM CONSENT BY REQUEST. 1. A. Approve the Minutes of April 1, 2025. (Pages 1-5) (Angela Gilbert, City Clerk) B. Send the application of Fresh Foods Central Inc. dba Fresh Foods for a Class C Liquor License (Beer, Wine, Distilled Spirits, On & Off Sale) at 1620 East 4th Street, Suite 110 to the Nebraska Liquor Control Commission with no recommendation. (Pages 6-16) (Angela Gilbert, City Clerk) C. Send the application of Flat Rock Properties 2 LLC dba Highball Liquor for a Class C Liquor License (Beer, Wine, Distilled Spirits, On & Off Sale) at 1108 Rodeo Road Suite 1 to the Nebraska Liquor Control Commission with no recommendation. (Pages 17-25) (Angela Gilbert, City Clerk) D. Send the application of Luigi’s Italian Restaurant for a Class I Liquor License (Beer, Wine, Distilled Spirits, On Sale Only) at 502 South Jeffers Street to the Nebraska Liquor Control Commission with no recommendation. (Pages 26-33) (Angela Gilbert, City Clerk) E. Adopt the 2024 Fire Department Annual Report. (Page 34) (Dennis Thompson, Fire Chief) F. Approve application by TBS Liquors NP LLC dba The Bottle Shop for a Special Designated License on May 2, 2025 from 3:00 p.m. to 11:30 p.m. at Jerry Remus Chevrolet at 3801 South Jeffers for a Customer Appreciation Event. (Angela Gilbert, City Clerk) REGULAR AGENDA CLOSED SESSION TO DISCUSS PERSONNEL, REAL ESTATE TRANSACTIONS OR POTENTIAL LITIGATION TO PROTECT THE PUBLIC INTEREST (IF NECESSARY) BOARD OF EQUALIZATION 2. Approve Assessment Schedule for Paving District No. 836 (Iron Trail Drive from Twin Rivers Road thence west to Business Park Drive; also, Business Park Drive from State Farm Road thence north approximately 1,760.77 feet). (Pages 35-40) (Brent Burklund, City Engineer) BOARD OF EQUALIZATION 3. Approve Assessment Schedule for Water Extension District No. 267 (at the intersection of Twin Rivers Road and Iron Trail Drive thence west approximately 1,021.25 feet to the intersection of Business Park Drive; also, Business Park Drive from State Farm Road thence north approximately 1,760.77 feet). (Pages 41-46) (Brent Burklund, City Engineer) BOARD OF EQUALIZATION 4. Approve Assessment Schedule for Sanitary Sewer Connection District No. 21 (beginning at the northeast corner of Lot 1 of Iron Trail 3rd Administrative Subdivision then continuing west parallel to the north lot lines of Lot 1 of Iron Trail 3rd Administrative Subdivision, Lots 3 and 5 of Iron Trail 2nd Subdivision and the south lot line of Part of W1/2, NE1/4 & Part SE1/4 of 15-13-30 to the northwest corner of Lot 3 of Iron Trail 2nd Subdivision, approximately 2,000 feet; thence south at Business Park Drive parallel to the east lot line of Lots 1-3 of Iron Trail 2nd Subdivision and the west lot line of Lots 4-5 of Iron Trail 2nd Subdivision, approximately 1,760.77 feet). (Pages 47-52) (Brent Burklund, City Engineer) PUBLIC HEARING 5. Project Implementation Status on 2024 Community Development Block Grant (CDBG) Funds to assist the City of North Platte with infrastructure improvements located on West 15th Street from North Hayes Avenue to North Custer Avenue, continuing onto North Custer Avenue from West 15th Street to West 16th Street. (No action to be taken). (Page 53) (Kevin Kreger, Assistant Planner/Grants Administrator) 6. Approve the bid and authorize Mayor to sign contract with Level, LLC of North Platte for Street Improvement District No. 364 (West 15th Street from Custer Avenue to Hayes Avenue and North Custer Avenue from 15th Street to 16th Street) in the amount of $402,228.00. (Pages 54-55) (Brent Burklund, City Engineer) PUBLIC HEARING 7. First reading and action to adopt Ordinance No. 4207 vacating an alley located in the 400 block between East 2nd Street and East 3rd Street and retaining the alley as an access and utility easement. (Pages 56-58) (Judy Clark, Development Director) 8. Approve the bid and authorize Mayor to negotiate and sign contract documents with Level, LLC of North Platte for Cody Park Sidewalk and Parking in the amount of $124,864.75. (Pages 59-60) (Brent Burklund, City Engineer) 9. First reading and action to adopt Ordinance No. 4204 creating Paving District No. 839 on Francis Street from the intersection of Tabor Avenue thence east to Bryan Avenue; and at the intersection of Bryan Avenue and Francis Avenue heading north approximately 165 feet to existing concrete. (Pages 61-62) (Brent Burklund, City Engineer) 10. First reading and action to adopt Ordinance No. 4205 creating Paving District No. 840 on proposed Francis Street from Devco Avenue to Bicentennial Avenue. (Pages 63-64) (Brent Burklund, City Engineer) 11. First reading and action to adopt Ordinance No. 4206 creating Paving District No. 841 on proposed Francis Street from Bicentennial Avenue to Newberry Access. (Pages 65-66) (Brent Burklund, City Engineer) 12. Third reading and action on Ordinance No. 4200 to rezone certain land from an R-3 Dwelling District to a B-2 Highway Commercial District on property located at 603 East 5th Street and 503 North Cottonwood Street. (Pages 67-74) (Judy Clark, Development Director) 13. Second reading and action to adopt Ordinance No. 4195 annexing Lot 1, Otter Second Subdivision into the City of North Platte Corporate Limits. (Pages 75-77) (Judy Clark, Development Director) 14. Second reading and action to adopt Ordinance No. 4196 annexing Lot 2, Otter First Subdivision into the City of North Platte Corporate Limits. (Pages 78-80) (Judy Clark, Development Director) 15. Second reading and action to adopt Ordinance No. 4197 annexing Lot 1, Majors 3 Brothers Administrative Subdivision into the City of North Platte Corporate Limits. (Pages 81-83) (Judy Clark, Development Director) 16. Second reading and action to adopt Ordinance No. 4198 annexing Block 1, Glennfield’s 3rd Subdivision into the City of North Platte Corporate Limits. (Pages 84-86) (Judy Clark, Development Director) 17. Approve the Claims. (Dawn Miller, Director of Finance) PUBLIC AGENDA REQUEST WE RESPECT OUR CITY EMPLOYEES, AND REQUEST THAT ANY COMPLAINTS OR CRITICISMS OF EMPLOYEES NOT BE AIRED IN A PUBLIC MEETING. CONCERNS ABOUT EMPLOYEES SHOULD BE BROUGHT TO THE ATTENTION OF THE CITY ADMINISTRATOR OR MAYOR. INDIVIDUALS IN VIOLATION WILL BE DECLARED OUT OF ORDER. INFORMATIONAL ITEMS FROM MAYOR, COUNCIL, ADMINISTRATOR, AND ATTORNEY ADJOURN

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