City Council

MINUTES OF THE REGULAR CITY COUNCIL MEETING August 5, 2025; 6:00 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 6:00 p.m. in the City Hall Council Chambers at 211 West 3rd Street. Invocation was given by Pastor John Stone 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 Volz seconded the motion to approve the CONSENT AGENDA Consent Agenda as follows: A. Approve the Minutes of July 15, 2025. B. Place on file Treasurer’s Report for June 2025. C. Approve the application by Creativity Unlimited Arts Council dba Prairie Arts Center for a Special Designated License on August 9, 2025 from 12:00 p.m. to 5:00 p.m. in the parking lot west of the Prairie Arts Center, 416 North Jeffers Street for an Art Affair-Paint Competition. D. Approve the application by Niobrara Valley Vineyards LLC for Special Designated Licenses on November 1, 2025 from 9:00 a.m. to 6:00 p.m. and November 2, 2025 from 9:00 a.m. to 5:00 p.m. at the D & N Event Center, 501 East Walker Road for the Cowboy Christmas Craft Show. E. Approve the application by Fraternal Order of Eagles #2839 for a Special Designated License on September 5, 2025 from 1:00 p.m. to 11:00 p.m. at 620 North Chestnut Street for the Cody Cruisers Car Show. F. Send the application of Pronto Fuel, LLC for a Class D Liquor License (Beer, Wine, Spirits, Off Sale Only) for  their location at 1020 North Jeffers Street to the Nebraska Liquor Control Commission with no recommendation. G. Send the application of The Minnow Bucket for a Class C Liquor License (Beer, Wine, Distilled Spirits, On & Off Sale) for their location at 1013 South Jeffers Street to the Nebraska Liquor Control Commission with no recommendation. H. Send the application of Hampton by Hilton for a Class C Liquor License (Beer, Wine, Distilled Spirits, On & Off Sale) for their location at 200 Platte Oasis Parkway to the Nebraska Liquor Control Commission with no recommendation I. Adopt the Resolution for Signing of the Municipal Annual Certification of Program Compliance 2025 and authorize the Mayor to sign the Municipal Annual Certification of Program Compliance to Nebraska Board of Public Roads Classifications and Standards 2025. J. Adopt the recommendation by the City Planning Commission for preliminary and final approval of Mulligan Meadows Fourth Subdivision located on West 15th Street in a PR-3 Dwelling District. K. Approve the National Functional Classification System Map and authorize the Mayor to sign and submit the map to the Nebraska Department of Transportation. L. Removed from the Consent Agenda. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #1L Rieker moved and Nisley seconded the motion to authorize the COVENANT Mayor to sign the covenant agreements for 1208 West 11th AGREEMENTS FOR Street, 1621 West 13th Street, 815 South Griffith and 504-506 FOUR PROPERTIES North Bryan Avenue between the Nebraska Department of Economic Development and the City of North Platte. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, McNew. "NAY": Rieker. Motion carried. ITEM #2 Lucas moved and Dye seconded the motion to authorize City AIRPORT Administration to draft an agreement with the North Platte AUTHORITY Regional Airport Authority to provide prorated monthly MONTHLY advances of their annual property tax request to the Authority ADVANCES based on the following major terms and annual interest rate of 3%. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Rieker moved and Volz seconded the motion to adopt the ITEM #3 NP AIRPORT Resolution recommending the inclusion of the North Platte INCLUSION WITHIN Regional Airport within the boundaries of the Nebraska THE BOUNDARIES International Port of the Plains. Roll call vote: "AYE": Nisley, OF INT’L PORT OF Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": THE PLAINS None. Motion carried. ITEM #4 Mayor Kelliher instructed Ordinance No. 4218 to amend § 90.09 APPROVE of the Code of the City of North Platte relating to animals in ORDINANCE 4218 public parks to be read by title on its first reading. Rieker moved and Volz seconded the motion to approve Ordinance No. 4218 on its first reading. Lucas moved and Flanders seconded the motion to waive the three readings of Ordinance No. 4218. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Roll call vote on Ordinance No. 4218 as amended: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #5 Mayor Kelliher instructed Ordinance No. 4215 to create Paving APPROVE District No. 843 on Bryan Avenue from the intersection of ORDINANCE 4215 Francis Street thence heading south on Bryan Avenue approximately 267 feet to be read by title on its second reading. Rieker moved and Volz seconded the motion to waive the third reading and approve Ordinance No. 4215. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. ITEM #6 Mayor Kelliher instructed Ordinance No. 4217 to create Sanitary APPROVE Sewer Connection District No. 23 (an 8” P.V.C. sanitary sewer ORDINANCE 4217 located east of Buffalo Bill Avenue, starting north of Spring ON 1ST READING Road thence south along the west alley of Valley Drive to State Farm Road) approximately 1,575 feet to be read by title on its first reading. Flanders moved and Dye seconded the motion to approve Ordinance No. 4217 on its first reading. Roll call vote: "AYE": Nisley, Dye, Volz, Garrick, Flanders, Rieker, McNew. "NAY": None. “ABSTAIN”: Lucas. Motion carried. ITEM #7 Mayor Kelliher instructed Ordinance No. 4203 to amend the City APPROVE of North Platte Code of Ordinances Sections 156.236 and ORDINANCE 4203 156.237 changing sexually oriented businesses from a permitted ON 3RD READING use in an I-1 Light Industrial District to a conditional use in an I-1 Light Industrial District to be read by title on its third  reading. Lucas moved and Volz seconded the motion to approve Ordinance No. 4203 on its third reading. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Mayor Kelliher declared a Public hearing to approve the ITEM #8 SALE OF PROPERTY, Agreement for Sale of Real Estate with Matthew Sobolewski for 1619 WEST 13TH property located at 1619 West 13th Street. No one appeared. Volz moved and Dye seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Flanders moved and McNew seconded the motion to approve the Agreement for Sale of Real Estate and authorize the Mayor to sign all necessary documents. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, McNew. "NAY": Rieker. Motion carried. ITEM #9 Mayor Kelliher declared a Public hearing on an application by DENY Todd McKeeman for a Conditional Use Permit to allow CONDITIONAL USE construction of a seasonal cabin to be located at 1228 Hilltop PERMIT, 1228 Circle in an R-L Suburban Residential District. HILLTOP CIRCLE Joan Steele, 1219 Hilltop Circle, stated she is a neighbor to the property, and she objects to the construction of the cabin as it is not the intended use of the lot, and it is already full of junk. Volz moved and Rieker seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Dye, Volz, Lucas, Garrick, Flanders, Rieker, McNew. "NAY": None. Motion carried. Volz moved and Dye seconded the motion to find the request for a Conditional Use Permit to allow a seasonal cabin to be located at 1228 Hilltop Circle 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": Garrick. "NAY": Nisley, Dye, Volz, Lucas, Rieker Flanders, McNew. Motion failed. ITEM #10 McNew moved and Rieker seconded the motion to table the CONDITIONAL USE Public hearing on an application by Trucks N Tiaras PERMIT, 491-495 W. Intergenerational Academy for a Conditional Use Permit to STATE FARM RD. allow a day care center to be located at 491-495 West State Farm Road in an A-1 Transitional Agricultural District until the next meeting to give everyone more time. Roll call vote: "AYE": Nisley, Rieker, McNew. "NAY": Dye, Volz, Flanders. “ABSTAIN”: Lucas, Garrick. Motion failed. Mayor Kelliher declared a Public hearing on an application by Trucks N Tiaras Intergenerational Academy for a Conditional Use Permit to allow a day care center to be located at 491-495 West State Farm Road in an A-1 Transitional Agricultural District. Development Director Judy Clark told the Council the City Planning Commission unanimously voted in favor of the Conditional Use Permit. Ryan Purdy, President of Mid-Plains Community College, told the Council they have explored early childhood education opportunities for several years and when they purchased the property in May, they intended to leave it vacant while evaluating potential uses. He said the owner of the daycare approached them on June 11th about leasing the building due to relocation, and they offered a two-year lease, with the daycare paying utilities and property taxes for their portion of the building. Attorney Colten Venteicher told the Council there is a significant need for more childcare in the area. He said North Platte has 1,099 children who are potentially in need of care, while there are only 811 spots available in licensed childcare facilities. Holly Hill, owner and director of Trucks N Tiaras Intergenerational Academy, provided two letters of support from parents that could not make the meeting. Val Hyde, Director of Communities for Kids, stated that they support the daycare and that North Platte currently has fourteen licensed in-home daycares, eleven licensed childcare centers, and two licensed preschools. Julie Peterson, Director of UNL’s West Central Research and Extension Center at 402 West State Farm Road, said there are many employees that utilize the daycare at the Osgood location. Megan Schroeder, Pat Jacobson, Bryce Harvey, Antoinette Madden, Jordan Boston and Crystal Johnson all spoke in favor of the daycare, stating reasons such as community need for dedicated childcare, support for working parents, the school was built for learning and caring for children and 100 children and 85 families in the area will lose childcare if they are forced to close because their current lease is ending. Gary Person, President of North Platte Chamber/DEVCO, stated the facility is meant for education and there is a need for good quality childcare in the community. Taylor Sutton asked whether the college planned to use a property management company to ensure compliance with landlord-tenant laws. Trey Wasserburger stated with the influx of new employees from Sustainable Beef, there is a need for access to childcare. Volz moved and Rieker seconded the motion to close the hearing. Roll call vote: "AYE": Nisley, Dye, Volz, Flanders, Rieker, McNew. "NAY": None. “ABSTAIN”: Lucas, Garrick. Motion carried. Volz moved and Flanders seconded the motion to find the request for a Conditional Use Permit to allow a day care center to be located at 491-495 West State Farm Road in an elementary school building 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, Dye, Volz, Flanders, McNew. "NAY": Rieker. “ABSTAIN”: Lucas, Garrick. Motion carried. ITEM #11 Rieker moved and Nisley seconded the motion to approve the CLAIMS Claims. Roll call vote: "AYE": Nisley, Dye, Volz, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Lucas, Garrick. Motion carried. ADJOURN Rieker moved and Volz seconded the motion to adjourn. Roll call vote: "AYE": Nisley, Dye, Volz, Flanders, Rieker, McNew. "NAY": None. “ABSENT”: Lucas, Garrick. Motion carried. Adjourned at 7:48 p.m. _________________________ Angela Gilbert, City Clerk