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City Council

Regular Meeting

North Platte, NE · May 6, 2025

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Minutes

MINUTES OF THE REGULAR CITY COUNCIL MEETING May 6, 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 Rev. Marsha Price and the pledge of allegiance was recited. ROLL CALL Present were Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. Volz was 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 shown hereafter were taken while the meeting was open to the attendance of the public. ITEM #1 Lucas moved and Nisley seconded the motion to approve the CONSENT AGENDA Consent Agenda as follows: A. Approve the Minutes of April 15, 2025. B. Place on file Treasurer’s report for March 2025. C. Approve the application by Bodunks Brewing dba Peg Leg Brewing for a Special Designated License on May 31, 2025 from 11:00 a.m. to 10:00 p.m. at 2519 Halligan Drive for a Car Show. D. Approve the application by Bodunks Brewing dba Peg Leg Brewing for a Special Designated License on June 7, 2025 from 8:00 a.m. to 10:00 p.m. at 2519 Halligan Drive for a Heros March. E. Approve the application by Bodunks Brewing dba Peg Leg Brewing for a Special Designated License on July 19, 2025 from 4:00 p.m. to 11:00 p.m. at 2519 Halligan Drive for a music event. F. Approve the application by Platte Bar, Inc. for Special Designated Licenses on June 20, 2025 and June 21, 2025 from 8:00 a.m. to 1:00 a.m. at Platte Bar, 119 West 6th Street for a Beer Garden. G. Approve applications by Pals Brewing Company LLC for Special Designated Licenses on nine Thursdays from June 12, 2025 to August 7, 2025 from 4:00 p.m. to 10:00 p.m. at Fort Cody Trading Post, 221 Halligan Drive for a Music Series. H. Removed from the Consent Agenda. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. ITEM #1H Lucas moved and McNew seconded the motion to approve the SALE OF REAL Agreement for Sale of Real Property with Steven Vargas for PROPERTY, 1621 property at 1621 West 13th Street and authorize the Mayor to WEST 13TH STREET sign necessary documents. Roll call vote: "AYE": Nisley, Dye, Lucas, Flanders, McNew. "NAY": Garrick, Rieker. “ABSENT”: Volz. Motion carried. ITEM #2 Garrick moved and McNew seconded the motion to adopt the NPAIT Enabling Resolution to become a participant in the Nebraska ENABLING Public Agency Investment Trust (NPAIT) and authorize the RESOLUTION Mayor to sign application documents. Roll call vote: "AYE": Nisley, Dye, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSTAIN”: Lucas. “ABSENT”: Volz. Motion carried. Mayor Kelliher instructed Ordinance No. 4211 to add Sections ITEM #3 150.200 through 150.207, entitled “Vacant Property TABLED UNTIL Registration” to Chapter 150 “Building Regulations; NEXT COUNCIL MEETING Construction” to Title XV “Land Usage” to the Code of the City of North Platte to be read by title on its first reading. Garrick moved and Flanders seconded the motion to approve Ordinance No. 4211 on its first reading. Nisley moved and Garrick seconded the motion to table action on Ordinance No. 4211 until the next Council meeting. Roll call vote: "AYE": Nisley, Garrick, Lucas, Flanders, Rieker. "NAY": Dye, McNew. “ABSENT”: Volz. Motion carried. Mayor Kelliher instructed Ordinance No. 4204 to create Paving ITEM #4 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 2ND READING Bryan Avenue and Francis Avenue heading north, approximately 165 feet to existing concrete to be read by title on its second reading. Garrick moved and Lucas seconded the motion to approve Ordinance No. 4204 on its second reading. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. ITEM #5 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 second reading. ON 2ND READING Garrick moved and Dye seconded the motion to approve Ordinance No. 4205 on its second reading. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. ITEM #6 Mayor Kelliher instructed Ordinance No. 4206 to create Paving APPROVE District No. 841 on proposed Francis Street from Bicentennial ORDINANCE 4206 Avenue to Newberry Access to be read by title on its second ON 2ND READING reading. Garrick moved and Flanders seconded the motion to approve Ordinance No. 4206 on its second reading. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. Mayor Kelliher instructed Ordinance No. 4208 to create Paving ITEM #7 APPROVE District No. 842 on Francis Street from the east side of the ORDINANCE 4208 intersection of Bryan Avenue and Francis Street thence east to ON 1ST READING Devco Avenue approximately 3100 feet to be read by title on its first reading. Garrick moved and Dye seconded the motion to approve Ordinance No. 4208 on its first reading. Lucas moved and Flanders seconded the motion to amend Ordinance No. 4208 by adding SECTION 3. The cost of making improvements for Paving District No. 842 shall be assessed upon the following abutting lots and lands within such district, as determined by the Mayor and City Council to be especially benefited thereby, in proportion to such benefits, as follows: All lots within Fritz Farm First Subdivision, based upon a square footage assessment. Roll call vote on the main motion as amended: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. Mayor Kelliher instructed Ordinance No. 4207 vacating an alley ITEM #8 located in the 400 block between East 2nd Street and East 3rd APPROVE Street and retaining the alley as an access and utility easement to ORDINANCE 4207 ON 2ND READING be read by title on its second reading. Rieker moved and Garrick seconded the motion to approve Ordinance No. 4207 on its second reading. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. ITEM #9 Mayor Kelliher instructed Ordinance No. 4195 annexing Lot 1, APPROVE ORDINANCE 4195 Otter Second Subdivision into the City of North Platte Corporate ON 3RD READING Limits to be read by title on its third reading. Garrick moved and Rieker seconded the motion to approve Ordinance No. 4195 on its third reading. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. ITEM #10 Mayor Kelliher instructed Ordinance No. 4196 annexing Lot 2, APPROVE Otter First Subdivision into the City of North Platte Corporate ORDINANCE 4196 Limits to be read by title on its third reading. Rieker moved and ON 3RD READING McNew seconded the motion to approve Ordinance No. 4196 on its third reading. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. Mayor Kelliher instructed Ordinance No. 4197 annexing Lot 1, ITEM #11 Majors 3 Brothers Administrative Subdivision into the City of APPROVE ORDINANCE 4197 North Platte Corporate Limits to be read by title on its third ON 3RD READING reading. Rieker moved and Lucas seconded the motion to approve Ordinance No. 4197 on its third reading. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. Mayor Kelliher instructed Ordinance No. 4198 annexing Block ITEM #12 1, Glennfield’s 3rd Subdivision into the City of North Platte APPROVE Corporate Limits to be read by title on its third reading. Garrick ORDINANCE 4198 moved and Rieker seconded the motion to approve Ordinance ON 3RD READING No. 4198 on its third reading. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. ITEM #13 Mayor Kelliher declared a Public hearing to adopt the CDBG CDBG TOURISM Tourism Development Resolution and authorize the Mayor to sign DEVELOPMENT all necessary documents between the Nebraska Department of RESOLUTION Economic Development and the City of North Platte. No one appeared. Garrick moved and Rieker seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. Garrick moved and Nisley seconded the motion to adopt the CDBG Tourism Development Resolution. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. ITEM #14 Mayor Kelliher declared a Public hearing to adopt Ordinance APPROVE No. 4209 to rezone certain land from a B-2 Highway ORDINANCE 4209 Commercial District to an R-3 Dwelling District located at 3001 ON 1ST READING West 9th Street. No one appeared. Garrick moved and Rieker seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. Mayor Kelliher instructed Ordinance No. 4209 to be read by title on its first reading. Garrick moved and Rieker seconded the motion to approve Ordinance No. 4209 on its first reading. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. ITEM #15 Mayor Kelliher declared a Public hearing on Item No.’s 15 and AMEND 16 to amend the City of North Platte Comprehensive Plan 2011 COMPREHENSIVE Future Land Use Map amending certain land from Agricultural PLAN, 2401 EAST Vacant to Residential Medium Density Single Duplex and PHILIP AVENUE Multifamily and from Agricultural Vacant to Industrial and to adopt Ordinance No. 4210 to rezone certain land from an R-3 Dwelling District and an I-1 Light Industrial District to an R-M Mobile Home Park District and an I-1 Light Industrial District on property located at 2401 East Philip Avenue. Roger Bullington, Chief Industries, stated they will provide a need to the housing community with residents owning their own Bonnavilla Homes, leasing the lots and paying for utilities. He said the project will contain new roads, green space, and a storm shelter; they also intend to hire a management company to take care of maintenance, landscaping, snow removal and lawn care. Gary Person, President of North Platte Chamber/DEVCO, encouraged the Council to approve the project as it will be near one of the largest employers in the community and Chief Industries has a great reputation and has been a great partner in the Mulligan Meadows housing project. David Briggs, CEO of Sustainable Beef, stated that they are in support of the project, as it will be beneficial to their employees. Donna Tryon, 820 South Bryan, stated these types of homes tend to deteriorate quickly, there is a better use of the land, and she is concerned about the traffic on Philip Avenue. She also asked if TIF is going to be used and if Jefferson School is prepared to handle all of the new students. Garrick moved and Flanders seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. Garrick moved and Dye seconded the motion to approve the amendment to the Comprehensive Plan. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. Mayor Kelliher instructed Ordinance No. 4210 to rezone certain ITEM #16 APPROVE land from an R-3 Dwelling District and an I-1 Light Industrial ORDINANCE 4210 District to an R-M Mobile Home Park District and an I-1 Light ON 1ST READING Industrial District located at 2401 East Philip Avenue to be read by title on its first reading. Lucas moved and Dye seconded the motion to approve Ordinance No. 4210 on its first reading. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker. "NAY": McNew. “ABSENT”: Volz. Motion carried. Garrick moved and Flanders seconded the motion to adopt the ITEM #17 recommendation by the City Planning Commission for NEWBERRY preliminary and final approval of Newberry Village Subdivision VILLAGE SUBDIVISION, 2401 located at 2401 East Philip Avenue. Roll call vote: "AYE": EAST PHILIP AVE Nisley, Dye, Lucas, Garrick, Flanders, Rieker. "NAY": McNew. “ABSENT”: Volz. Motion carried. ITEM #18 Discussion was held on proposals by Shane Freihage and Philip DISCUSSION Hamilton relating to City owned lots in the Industrial area by WAS HELD Prospect Drive and Prospect Lane. No action was taken. ITEM #19 Discussion was held on Street Tree Height Trimming and DISCUSSION Enforcement. No action was taken. WAS HELD ITEM #20 Rieker moved and Nisley seconded the motion to approve the CLAIMS Claims. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. ADJOURN Rieker moved and Garrick seconded the motion to adjourn. Roll call vote: "AYE": Nisley, Dye, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Volz. Motion carried. Adjourned at 9:13 p.m. _________________________ Angela Gilbert, City Clerk

Agenda

AGENDA NORTH PLATTE CITY COUNCIL MEETING Tuesday, May 6, 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 Rev. Marsha Price, New Beginnings Platte Valley Church 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 15, 2025. (Pages 1-6) (Angela Gilbert, City Clerk) B. Place on file Treasurer’s report for March 2025. (Pages 7-8) (Dawn Miller, Director of Finance) C. Approve the application by Bodunks Brewing dba Peg Leg Brewing for a Special Designated License on May 31, 2025 from 11:00 a.m. to 10:00 p.m. at 2519 Halligan Drive for a Car Show. (Pages 9-11) (Angela Gilbert, City Clerk) D. Approve the application by Bodunks Brewing dba Peg Leg Brewing for a Special Designated License on June 7, 2025 from 8:00 a.m. to 10:00 p.m. at 2519 Halligan Drive for a Heros March. (Pages 12-13) (Angela Gilbert, City Clerk) E. Approve the application by Bodunks Brewing dba Peg Leg Brewing for a Special Designated License on July 19, 2025 from 4:00 p.m. to 11:00 p.m. at 2519 Halligan Drive for a music event. (Pages 14-15) (Angela Gilbert, City Clerk) F. Approve the application by Platte Bar, Inc. for Special Designated Licenses on June 20, 2025 and June 21, 2025 from 8:00 a.m. to 1:00 a.m. at Platte Bar, 119 West 6th Street for a Beer Garden. (Pages 16-17) (Angela Gilbert, City Clerk) G. Approve applications by Pals Brewing Company LLC for Special Designated Licenses on nine Thursdays from June 12, 2025 to August 7, 2025 from 4:00 p.m. to 10:00 p.m. at Fort Cody Trading Post, 221 Halligan Drive for a Music Series. (Pages 18-21) (Angela Gilbert, City Clerk) H. Approve the Agreement for Sale of Real Property with Steven Vargas for property at 1621 West 13th Street and authorize the Mayor to sign necessary documents. (Pages 22-25) (Bill Troshynski, City Attorney) REGULAR AGENDA CLOSED SESSION TO DISCUSS PERSONNEL, REAL ESTATE TRANSACTIONS OR POTENTIAL LITIGATION TO PROTECT THE PUBLIC INTEREST (IF NECESSARY) 2. Adopt the Enabling Resolution to become a participant in the Nebraska Public Agency Investment Trust (NPAIT) and authorize the Mayor to sign application documents. (Pages 26-29) (Dawn Miller, Finance Director) 3. First reading and action to adopt Ordinance No. 4211 to add Sections 150.200 through 150.207, Entitled “Vacant Property Registration” to Chapter 150 “Building Regulations; Construction” to Title XV “Land Usage” to the Code of the City of North Platte. (Pages 30-34) (Bill Troshynski, City Attorney) 4. Second 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 35-36) (Brent Burklund, City Engineer) 5. Second reading and action to adopt Ordinance No. 4205 creating Paving District No. 840 on proposed Francis Street from Devco Avenue to Bicentennial Avenue. (Pages 37-38) (Brent Burklund, City Engineer) 6. Second reading and action to adopt Ordinance No. 4206 creating Paving District No. 841 on proposed Francis Street from Bicentennial Avenue to Newberry Access. (Pages 39-40) (Brent Burklund, City Engineer) 7. First reading and action to adopt Ordinance No. 4208 to create Paving District No. 842 on Francis Street from the east side of the intersection of Bryan Avenue and Francis Street thence east to Devco Avenue approximately 3100 feet. (Pages 41-42) (Brent Burklund, City Engineer) 8. Second 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 43-46) (Judy Clark, Development Director) 9. Third reading and action to adopt Ordinance No. 4195 annexing Lot 1, Otter Second Subdivision into the City of North Platte Corporate Limits. (Pages 47-49) (Judy Clark, Development Director) 10. Third reading and action to adopt Ordinance No. 4196 annexing Lot 2, Otter First Subdivision into the City of North Platte Corporate Limits. (Pages 50-52) (Judy Clark, Development Director) 11. Third 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 53-55) (Judy Clark, Development Director) 12. Third reading and action to adopt Ordinance No. 4198 annexing Block 1, Glennfield’s 3rd Subdivision into the City of North Platte Corporate Limits. (Pages 56-58) (Judy Clark, Development Director) PUBLIC HEARING 13. Adopt the CDBG Tourism Development Resolution and authorize the Mayor to sign all necessary documents between the Nebraska Department of Economic Development and the City of North Platte. (Pages 59-60) (Kevin Kreger, Assistant Planner/Grants Administrator) PUBLIC HEARING 14. First reading and action to adopt Ordinance No. 4209 to rezone certain land from a B-2 Highway Commercial District to an R-3 Dwelling District located at 3001 West 9th Street. (Pages 61-66) (Judy Clark, Development Director) PUBLIC HEARING 15. Amend the City of North Platte Comprehensive Plan 2011 Future Land Use Map amending certain land from Agricultural Vacant to Residential Medium Density Single Duplex and Multifamily and from Agricultural Vacant to Industrial on property located at 2401 East Philip Avenue. (Pages 67-69) (Judy Clark, Development Director) PUBLIC HEARING 16. First reading and action to adopt Ordinance No. 4210 to rezone certain land from an R-3 Dwelling District and an I-1 Light Industrial District to an R-M Mobile Home Park District and an I-1 Light Industrial District located at 2401 East Philip Avenue. (Pages 70-74) (Judy Clark, Development Director) 17. Adopt the recommendation by the City Planning Commission for preliminary and final approval of Newberry Village Subdivision located at 2401 East Philip Avenue. (Pages 75-80) (Judy Clark, Development Director) 18. Discuss and outline possible terms for sale and direct the City Attorney to draft a proposed ordinance relating to various City owned lots in the Industrial area by Prospect Drive and Prospect Lane. (Page 81) (Layne Groseth, City Administrator) 19. Discuss Street Tree Height Trimming and Enforcement. (No action to be taken.) (Page 82) (Layne Groseth, City Administrator) 20. 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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