North Platte City Council approves Ninth Street water main, advances "skill game" occupation tax

Jun 23, 2023

Despite coming within city limits decades ago, North Platte’s West Ninth Street still sports a narrow two-lane road with drainage ditches between Sherman and Buffalo Bill avenues.

The North Platte City Council approved water main upgrades along Ninth Street and Adams Avenue and passed the first reading for an occupation tax on games of skill operations Tuesday as part of a lengthy, but rather routine agenda.

The installation of a 12-inch water main on Ninth Street from Jeffers Street to Buffalo Bill Avenue would be bid out during 2023 and construction would begin in about a year, City Engineer Brent Burklund told City Council in remarks before the measure’s unanimous approval.

The main would replace existing six- and 12-inch mains along the length of Ninth Street and would improve water flow to the area, Burklund said. The construction would likely be followed closely by a long-planned repaving project of the east end of the street near Buffalo Bill Avenue.

The council also unanimously approved a 12-inch main installation on Adams Avenue between Ninth and 14th Streets in the same area.

“This is wonderful,” said Ward 4 Councilman Ed Rieker, who lives in the area, has long advocated for the project and called for the vote Tuesday. “I don’t know how many years we’ve waited for this, but thanks for letting us do the honors over here and calling the motion, and asking for your vote.”

The council also approved the first reading on a statute that would impose a $500 per-machine yearly occupation tax on games of skill operations within the city limits. Skill games that don’t award money, such as pinball machines, shuffleboard and pool tables, would continue to cost $10 per machine per year in occupation tax.

The measure faces a second reading at the Aug. 15 meeting.

The item was tabled at the July 18 meeting with council members asking for a revised statute to require an operator of the machines to have a state liquor license. The ordinance was revised with that language for Tuesday's meeting, but city officials removed that language from the amended ordinance in the lead up to Tuesday’s meeting.

In further research, City Attorney Bill Troshynski said he found the Nebraska Department of Revenue licenses the machines and the city can’t impose further licensing restrictions under state statute.

“Since the state has the power to license the games, we can’t intrude on that power, so we took that out of what was previously proposed,” Troshynski said. “We’re still keeping the occupation tax and the ability to have some regulation of those businesses through imposing hours of operation and allowing the ability for the police department to be able to enter upon the premises.”

Councilman Ty Lucas said the licensing process “was a little more intense than I thought” for skill game operations. He said some of the council’s concerns about enforcement of state regulations and other criminal activities at the businesses still existed.

“The real problem is loopholes in some of the state law and enforcement that is going on,” Lucas said. “Bill (Troshynski) and I have had some conversations about what we can do as the city to collaborate with the state, whether that be legislatively or through enforcement.”

Lucas said he believed the level of occupation tax proposed was “getting to the breaking point of how much” convenience stores and restaurants are willing to pay in taxes for the machines.

“If you’re somebody who has one of these mini-casino operations, they’d probably pay a lot more, but there’s not really a correct way to distinguish the difference between the two businesses,” he said.

Additionally, the council moved forward 5-3 on second reading of a contentious ordinance that would extend a longtime occupation tax of 3% on gross receipts on providers of wired telephones.

“I think we need to continue to work to pair government back to fewer and fewer taxes,” Rieker said.

“We’re trying to make this a friendly place to live and (a no vote) would be a start,” Councilwoman Donna Tryon added.

Councilman Jim Nisley disagreed with Rieker and Tryon, saying removing this tax could lead to higher real estate taxes.

“If we keep this tax, we can stop any increase in real estate taxes that’s realistic and true,” he said.

The ordinance faces a third vote on Aug. 15.

In other business:

The council approved 8-0 Rice Lake West as construction manager for the construction of the industrial wastewater treatment plant in conjunction with the Sustainable Beef plant. In the future, the council must also approve the contract and a guaranteed maximum price with Rice Lake West before the agreement is finalized, Burklund said.

Joseph Dumond with Rice Lake West said the firm has worked on “close to 30” industrial wastewater treatment plants in the last 10 years.

The funding for the new industrial wastewater treatment plant came through ARPA federal funds.

The council approved 8-0 a street improvement district at the transfer station entrance at North Lake Road.

“We’ve had some maintenance issues, and we’re trying to extend the life,” City Administrator Layne Groseth said. “We’re going to widen it a little bit and resurface it right there.”

Burklund said the 2022-23 winter put several years of wear onto the road during a single season, increasing the need for a resurfacing.

The original road was laid 30 years ago, Groseth and Burklund said. The cost will be about $180,000, Burklund said. The project would start next week and continue for two to three weeks, weather permitting, he said.

The council waived the three readings typically required for an ordinance.

Unanimously approved, on third reading, the vacation of an alley at 95 Rose Park Drive.

Unanimously approved, on third reading, vacation of all utility and access easements at 1502 S. Jeffers St. for the proposed Great Plains Health Sports Medicine replat.

Unanimously approved, on third reading, two annexation ordinances, one at 2321 W. 18th St. and the other a portion of the proposed Great Plains Health Sports Medicine facility.

Under the consent agenda, the council unanimously:

Passed Boss’ Pizza and Chicken’s state liquor license application to the Nebraska Liquor Control Commission without recommendation. The business is located at 2102 S. Jeffers St.

Approved two special liquor licenses for events at Wild Bill’s Fun Center on Aug. 5 and Sept. 9.

Appointed Gwen Covey to the Community Redevelopment Authority.

Approved the re-appointments of Greg Wilke to the Community Redevelopment Authority and Mary Ann Agler to the North Platte Public Library Advisory Board.

Approved the annual emergency management interlocal agreement with Lincoln County for Region 51 Emergency Management services.

Approved an interlocal agreement with the North Platte Public School District for school resource officer duties.

Approved a microTIF project for Michael Davis, who is rehabilitating a duplex at 208-210 W. Second St.

Approved a microTIF project for Pedlaw LLC for repair of the commercial building at 501 S. Jeffers St.

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