City Council

MINUTES OF THE REGULAR CITY COUNCIL MEETING June 3, 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 Doug Lee and the pledge of allegiance was recited. ROLL CALL Present were Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. Nisley 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 Rieker moved and Flanders seconded the motion to approve the CONSENT AGENDA Consent Agenda as follows: A. Approve the Minutes of May 20, 2025. B. Adopt the Resolution consenting to the sale and consumption of alcoholic liquor on June 20, 21, 27 and 28, 2025 from 10:00 a.m. to 5:00 p.m. in the 300 block of Bailey Street from 4th to 5th Streets for the Cowboy Collective Event during NebraskaLand Days. C. Approve the application by Bar 304 dba Venue 304 for Special Designated Licenses on June 20, 21, 27 and 28, 2025 from 10:00 a.m. to 5:00 p.m. in the 300 block of Bailey Street from 4th to 5th Streets for the Cowboy Collective Event during NebraskaLand Days D. Authorize Chief Thompson to make application for “SAFER” funds through the Assistance to Firefighters Grant (AFG) Funding and commit to the required matching funds if application is successful. E. Adopt recommendation by the City Planning Commission for preliminary and final approval of Swanson 2nd Replat. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion  carried. ITEM #2 Garrick moved and Rieker seconded the motion to authorize and USED PICKUP FOR approve the request to purchase a 2013 Ford F-350 used pickup PUBLIC SERVICE from Dillon’s Auto in Lincoln, NE in the amount of $37,362.00 and authorize the Mayor to sign all documents for the City. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. ITEM #3 Garrick moved and Rieker seconded the motion to approve the INTERLOCAL renewal of the Interlocal Fuel Agreement between Lincoln FUEL AGREEMENT County and the City of North Platte for services of providing WITH LINCOLN fuel to the Lincoln County Roads Department and authorize the COUNTY Mayor to sign all documents for the City. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. Garrick moved and McNew seconded the motion to approve the ITEM #4 Agreement for Sale of Real Estate with Donald Diedrichs for SALE OF REAL PROPERTY, 504-506 property located at 504-506 North Bryan Avenue and authorize NORTH BRYAN the Mayor to sign necessary documents. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, McNew. "NAY": Rieker. “ABSENT”: Nisley. Motion carried. ITEM #5 Garrick moved and McNew seconded the motion to approve the SALE OF REAL Agreement for Sale of Real Estate with Brad Nixon for property PROPERTY, 1208 located at 1208 West 11th Street and authorize the Mayor to sign WEST 11TH necessary documents. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, McNew. "NAY": Rieker. “ABSENT”: Nisley. Motion carried. ITEM #6 Garrick moved and Volz seconded the motion to approve the TABLE REQUEST request from Jerome Vieyra at 2403 Vieyra Street to create an FROM JEROME agreement for City maintenance of Vieyra Street. VIEYRA Lucas moved and Volz seconded the motion to table the request until documents can be found regarding Vieyra Street. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. Mayor Kelliher instructed Ordinance No. 4209 to rezone certain ITEM #7 APPROVE land from a B-2 Highway Commercial District to an R-3 ORDINANCE 4209 Dwelling District located at 3001 West 9th Street to be read by ON 3RD READING title on its third reading. Rieker moved and Dye seconded the motion to approve Ordinance No. 4209 on its third reading. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker,  McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. ITEM #8 Mayor Kelliher instructed Ordinance No. 4210 to rezone certain 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 3RD READING Industrial District located at 2401 East Philip Avenue to be read by title on its third reading. Rieker moved and Volz seconded the motion to approve Ordinance No. 4210 on its third reading. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker. "NAY": McNew. “ABSENT”: Nisley. Motion carried. CLOSED SESSION Lucas moved and Garrick seconded the motion to go into Closed Session at 6:10 p.m. for the purpose of discussing a legal item, to protect the public’s interest. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. Mayor Kelliher stated the reason for the Closed Session is to discuss a legal item, to protect the public’s interest. RETURN TO Lucas moved and Garrick seconded the motion to come out of REGULAR SESSION Closed Session and return to Regular Session at 6:19 p.m. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. Lucas moved and Volz seconded the motion to refer the City of ITEM #9 North Platte, Nebraska MicroTIF Blight and Substandard Study MICROTIF BLIGHT for Danlex Property Group, LLC as prepared by the City of STUDY FOR DANLEX PROPERTY North Platte Planning Department to the City of North Platte GROUP, LLC Planning Commission for a public hearing to determine if the proposed area qualifies as blighted and substandard. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, McNew. "NAY": Rieker. “ABSENT”: Nisley. Motion carried. ITEM #10 Mayor Kelliher declared a Public hearing to consider action on CONDITIONAL an application by Central Nebraska Public Power and Irrigation USE PERMIT, District for a Conditional Use Permit to allow dredging CNPP DREDGING operations and commercial sand processing on property located OPERATIONS southeast of the City of North Platte in an F-1 Floodway District. Jim Brown, representing Central Nebraska Public Power and Irrigation District, told the Council they are requesting to use the area to process and prepare sediment/sand for removal and they plan to build a warehouse on the site as they are running out of room for storage. He said they have signed a 30-year agreement with GRIT Group to acquire the sand, and they will become the  first tenant at the Inland Port Authority’s Industrial Rail Park. Gary Person, President of North Platte Chamber/DEVCO, told the Council they are in support of the operation and are looking forward to having their first customer at the rail park. Garrick moved and Rieker seconded the motion to close the hearing. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. Rieker moved and Garrick seconded the motion to find the request for a Conditional Use Permit to allow dredging operations and commercial sand processing on property located southeast of the City of North Platte 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": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. ITEM #11 Mayor Kelliher declared a Public hearing to consider action on DENY AMENDMENT an application by C&T Kucera, LLC (owner) and Jason and TO LAND USE PLAN, Kayla Jensen (purchaser) for an amendment to the City of North 801, 803, 805, 807 Platte Future Land Use Map amending certain land from SOUTH ELM Residential-Low Density Single Family to Public/Quasi Public on property located at 801, 803, 805 and 807 South Elm Street. Kayla and Jason Jensen, applicants and owners of Enzo Athletic Performance, told the Council they have over 240 members and offer childcare services, health, wellness, and comprehensive physical training services for all age groups. They said they plan to expand access to physical fitness and youth training in a structured and safe environment in a centrally located facility,  with plenty of parking and green space. They asked the Council to approve their request as they are committed to working with the City and neighbors to ensure the development enriches our community both economically and socially. Dylan LaVante at 611 South York and Latisha Lovitt at 1501 West A Street spoke in favor of the project and the positive values the owners bring to the community. Tom Werblow at 816 South Elm, Bruce Petersen at 806 South Elm and Jean Gilpin at 810 South Elm all spoke against the project, stating reasons such as an increase in noise due to customers and traffic, safety concerns, decreased resale value of homes, and a dramatic change to the current residential neighborhood. Garrick moved and Rieker seconded the motion to close the hearing. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. Lucas moved and Flanders seconded the motion to approve the amendment to the Future Land Use Map. Roll call vote: "AYE": Lucas, Flanders. "NAY": Dye, Volz, Garrick, Rieker, McNew. “ABSENT”: Nisley. Motion failed 2-5. Mayor Kelliher declared a Public hearing to consider action to ITEM #12 adopt Ordinance No. 4212 to rezone certain lands from an R-1 ORDINANCE 4212 FAILED Dwelling District to an H-1 Hospital District on property located at 801, 803, 805 and 807 South Elm Street. No one appeared. Garrick moved and Volz seconded the motion to close the hearing. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. Lucas moved and Flanders seconded the motion to rezone certain lands from an R-1 Dwelling District to an H-1 Hospital District on property located at 801, 803, 805 and 807 South Elm Street. Roll call vote: "AYE": Lucas, Flanders. "NAY": Dye, Volz, Garrick, Rieker, McNew. “ABSENT”: Nisley. Motion failed 2-5. ITEM #13 Rieker moved and Dye seconded the motion to approve the CLAIMS Claims. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. Garrick moved and Rieker seconded the motion to approve the ITEM #14 SALE OF REAL Agreement for Sale of Real Estate with Sustainable Beef for the ESTATE WITH Electric Department and authorize the Mayor to sign necessary SUSTAINABLE BEEF documents. Roll call vote: "AYE": Dye, Volz, Lucas, Garrick, FOR SUBSTATION Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. Rieker moved and McNew seconded the motion to adjourn. Roll ADJOURN call vote: "AYE": Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Nisley. Motion carried. Adjourned at 7:54 p.m. _______________________ Angela Gilbert, City Clerk