02/13/2007 MinutesOFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
Febniary 13, 2007
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on February 13, 2007. Notice of the meeting was given in The Grand Island Independent
on February 7, 2007.
Mayor Margaret Hornady called the meeting to order at 7:00 p.m. The following City Council
members were present: Councilmember's Pielstick, Walker, Cornelius, Nickerson, Gericke,
Brown, Gilbert, Whitesides, Haase, and Meyer. The following City Officials were present: City
Clerk RaNae Edwards, Finance Director David Springer, Public Works Director Steve Riehle,
and City Attorney Dale Shotkoski.
INVOCATION was given by Mayor Margaret Hornady followed by the PLEDGE OF
ALLEGIANCE.
MAYOR CO1~~IlVIUNICATION: Mayor Hornady acknowledged Community Youth Council
members Jodie Meis and Megan Bombeck along with Celine Stahlnecker, Board Member.
Mentioned were the upcoming Chili Cook-Off and CYC Talent Contest.
PRESENTATIONS AND PROCLAMATIONS:
Presentation by Shonesv Associates for FY 2006 City Single Audit and General Purpose
Financial Statements. David Springer, Finance Director introduced Terry Galloway representing
Shonsey & Associates who reviewed the FY 2006 City Single Audit and General Purpose
Financial Statements. A PowerPoint was presented with a detailed report of the findings. The
financial audit received an unqualified rating which was the highest rating possible.
Presentation by BKD, LLP Relative to Fiscal Year 2006 Electric and Water Audit Reports.
David Springer, Finance Director introduced Roger Waton from BKD, LLP to give the audit
2006 electric and water reports. Mr. Walton stated that these were unqualified opinions and there
were no weaknesses with the internal control. A brief review of the water and electric audit
reports were given.
ADJOURN TO BOARD OF EOUALIZATION: Motion by Pielstick, second by Cornelius,
carried unanimously to adjourn to the Board of Equalization.
#2007-BE-3 -Consideration of Determinine Benefits for Asphalt Street Improvement District
No. 1254; Dale Roush and Dale Roush 2°d Subdivisions (Indian Acres Steve Riehle, Public
Works Director reported that work had been completed on Asphalt Street Improvement District
No. 1254. The total cost of construction was $357,832.33.
Motion by Pielstick, second by Cornelius to approve Resolution #2007-$E-3. Upon roll call
vote, all voted ayes. Motion adopted unanimously.
Page 2, City Council Regular Meeting, February 13, 2007
RETURN TO REGULAR SESSION: Motion by Whitesides, second by Gilbert, tamed
unanimously to return to Regular Session.
PUBLIC HEARINGS:
Public Hearing on Annexation of Pro~ertv Located Between the East Side of the Platte Valley
Industrial Park and South Locust Street and Between Wildwood Drive and Schimmer Drive.
Chad Nabity, Regional Planning Director reported that a request had been received to consider
annexation of property located east of the Platte Valley Industrial Park in the El/2 of Section 5-
10-9 located between Wildwood Drive and Schimmer drive on both sides of Blaine Street. City
Administration also suggested that the Platte Generating Station located south of Wildwood
Drive between Blaine Street and South Locust Street also be annexed at this time. Both
properties were contiguous with the Grand Island city limits. Marlan Ferguson, President of EDC
spoke in support. No further public testimony was heard.
Public Hearing on the One and Six Year Street Improvement Program• Steve Riehle, Public
Works Director reported that adoption of a One and Six Year Street Improvement Program was
required by State law as part of the requirements to receive approximately three million dollars
of state gas tax funds each year. This item was referred to the Regional Planning Commission by
Council at their January 23, 2007 Regular Meeting. The Regional Planning Commission
conducted a Public Hearing at their February 7, 2007 meeting. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at the Hall County Corrections
Facility -East Highway 30 (Hall County Gary Mader, Utilities Director reported that acquisition
of a utility easement located at the Hall County Corrections Facility on East Highway 30 was
needed in order to have access to install, upgrade, maintain, and repair electric and water
utilities. This easement would be used to locate underground power lines and water mains to
serve the Hall County Correction Facilities. This included only the public portion of those lines,
not the service. No public testimony was heard.
ORDINANCES:
Councilmember Pielstick moved "that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#9107 -Consideration of Assessments for Asphalt Street Improvement District No.
1254; Dale Roush and Dale Roush 2°d Subdivisions (Indian Acres)
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of this ordinance on first reading and then upon final passage
and call for a roll call vote on each reading and then upon final passage." Councilmember
Nickerson second the motion. Upon roll call vote, all voted aye. Motion adopted.
Steve Riehle, Public Works Director reported Ordinance #9107 related to the aforementioned
Board of Equalization hearing.
Motion by Pielstick, second by Cornelius to approve Ordinance #9107.
Page 3, City Council Regular Meeting, February 13, 2007
City Clerk: Ordinance #9107 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #9107 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9107 is declared to be lawfully adopted upon publication as required by law.
#9108 -Consideration of Annexation of Property Located Between the East Side of the
Platte Valley Industrial Park and South Locust Street and Between Wildwood Drive and
Schimmer Drive (First Reading)
Chad Nabity, Regional Planning Director reported Ordinance #9108 related to the
aforementioned Public Hearing and this was the first of three readings.
Motion by Pielstick, second by Whitesides to approve Ordinance #9108 on first reading. Upon
roll call vote, all voted aye. Motion adopted.
CONSENT AGENDA: Consent Agenda item G-13 was pulled for fwther discussion. Motion by
Cornelius, second by Gilbert to approve the Consent Agenda excluding item G-13. Upon roll call
vote, all voted aye. Motion adopted.
Approving Minutes of January 20, 2007 City Council Special Study Session -Retreat.
Approving Minutes of January 23, 2007 City Council Regular Meeting
Approving Minutes of February 6, 2007 City Council Study Session.
Approving Request of Susan McAfee 1863 7"` Avenue Dannebrog. Nebraska for Liquor
Mana eg r Designation for Pump & Pantry #11, 704 West 2°d Street contingent upon completing a
state approved alcohol server/seller trainingprogram.
#2007-29 -Approving Final Plat and Subdivision Agreement for Westwood Park Tenth
Subdivision. It was noted that Rudolf, Jeannice and Tim Plate, owners had submitted the Final
Plat for Westwood Park Tenth Subdivision located on a tract of land comprising a part of the
N1/2 SE1/4 of Section 14-11-10 consisting of approximately 16.822 acres for the purpose of
creating 30 lots.
#2007-30 -Approving Final Plat and Subdivision Agreement for Prairie Acres Subdivision. It
was noted that Shafer Commercial Properties, LLC, owner had submitted the Final Plat for
Prairie Acres Subdivision located on a tract of land comprising a part of the E1/2 SWll4 of
Section 12-11-10 consisting of approximately 28.894 acres for the purpose of creating 76 lots.
Councilmember's Pielstick and Walker voted no.
#2007-31 -Approving Acquisition of Utility Easement located at the Hall County Corrections
Facility on East Highway 30 (Hall County,Z
Page 4, City Council Regular Meeting February 13, 2007
#2007-32 - Approving_Bid Award for Water Main Project 2007W-1 Located on the North Side
of East Highway 30 with The Diamond Engineering Companv of Grand Island, Nebraska in an
Amount of $46,344.36.
#2007-33 - ApTroving Change Order No 3 for Fire Station #1 Construction with Tri Vallev
Builders Inc of Grand Island Nebraska for an Increase of $9,343.00 and a Revised Contract
Amount of $2,396,711.00.
#2007-34 - Approving Memorandum of Understanding with the Nebraska Emergency
Management Agency for Hazmat Team Training and Equipment in HandlingLHazardous
Materials.
#2007-35 -Approving American Legion Baseball Program License Agreement for a Period of
10 Years through December 31. 2016.
#2007-36 -Approving State Bid Award for (1) 2007 One Ton Dump Truck with Sid Dillon
Chevrolet of Wahoo, Nebraska in an Amount of $29,997.00.
#2007-37 - Approving Bid Award for Public Library Asbestos Removal 2007 at 211 North
Washington Street with McGill Asbestos Abatement Company of Omaha, Nebraska in an
Amount of $72,834.00. Discussion was held regarding the range of bids submitted. Library
Director Steve Fosselman stated McGill Asbestos Abatement Company was a reputable
company and testing would be done by another company.
Motion by Whitsides, second by Haase to approve Resolution #2007-37. Upon roll call vote, all
voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Consideration of Reauest from Enerev Grains Development Group LLC for a Conditional Use
Permit for Construction of an Ethanol Production Facility Located at 1730 and 1898 Wildwood
Drive. Craig Lewis, Building Department Director reported this item related to the Public
Hearing held at the January 23, 2007 Regular Meeting and discussions held at the February 6,
2007 Study Session.
Jim Greer, 637 MacArthur Avenue questioned whether the ethanol plant would obtain steam
from the electrical plant. Utilities Director Gary Mader commented on the high cost of a boiler to
produce steam. David Fairchild, 2507 Commerce Avenue commented on air emissions, and Kay
Robbins, 404 Syandotte Street spoke in support. Dan Lindstrom, 322 West 39a' Street, Kearney -
Attorney for Energy Grains was present to answer questions.
Discussion was held regarding the process, next step in the process, and whether this would
come back to council for further action. Mr. Lewis stated this would not come back to council
except for infrastructure such as water, sewer, etc. Also mentioned were the many state permits
that would be required.
..~ F - .z
Page 5, City Council Regular Meeting February 13, 2007
Motion by Pielstick, second by Whitesides to approve the request from Energy Grains
Development Group LLC for a Conditional Use Permit for an Ethanol Production Facility
located at 1730 and 1898 Wildwood Drive with the following conditions:
1). On site wells regulated by the Central Platte Natural Resources District shall also be
registered with the City as to location, size, and proposed volume of water to be pumped. A copy
of the permit issued shall also be filed with the City of Grand Island.
2). Odor generated at the plant is proposed to be mitigated with thermal oxidizers, these
devices shall be operated continually as the plant is in production. Any repair or maintenance of
these devices shall occur only when production is halted for such repair and maintenance. As
technology advances the Best Available Control Technology (BACT) shall be implemented to
control any odors associated with the facility. Documentation of the BACT shall be submitted on
a two year cycle to ascertain compliance with these conditions.
3). Air quality and emissions are regulated by the State of Nebraska Department of
Environmental Quality. Additionally, in regard to air quality, BACT shall be provided and
justified to the City of Grand Island on a two year rotational period. A copy of the permit issued
by the State shall be filed with the City.
4). Waste discharges from the production are regulated by the State Department of
Environmental Quality, additionally the City of Grand Island Public Works Department shall
approve the method and destination of the waste. A copy of any permits issued by the State for
discharges shall be filed with the City.
5). Landscaping on the site is proposed in a tree line adjacent to the north boundary line.
A landscape plan identifying this proposed planting and additional plantings that comply with
the provisions in the zoning regulations shall be presented to and approved by the City of Grand
Island prior to issuance of any construction permits.
6). Exterior lighting for the facility shall be predominately down lighting.
7). Construction of the proposed facility shall commence within two years of approval of
the conditional use permit. If for any reason, production ceases for any continuous two year
period the conditional use permit shall become null and void and require subsequent approvals
from the City of Grand Island.
8). A development agreement that identifies the expectations and responsibilities shall be
negotiated and implemented between the Developer and the City of Grand Island.
Council found that the application and use promoted the health, safety, and general welfare of
the community, protected praperty against blight and depreciation, and was generally
harmonious with the surrounding neighborhood.
Upon roll call vote, Councilmember's Pielstick, Walker, Brown, Whitesides, Haase, and Meyer
voted aye. Councilmember's Cornelius, Nickerson, Gericke, and Gilbert voted no. Motion
adopted.
RESOLUTIONS:
#2007-38 -Approving One and Six Year Street Improvement Pro rg am. Steve Riehle, Public
Works Director reported this item related to the aforementioned Public Hearing item.
Motion by Whitesides, second by Meyer to approve Resolution #2007-38. Upon roll call vote, all
voted aye. Motion adopted.
Page 6, City Council Regular Meeting, February 13, 2007
#2007-39 - Ap~rovin~>~port of LB 395 Nebraska Clean Indoor Air Act Relative to
Smokinu. Dale Shotkoski, City Attorney reported this item was at the request of Councilmember
Gilbert.
Councilmember Gilbert spoke in support of Resolution #007-39. Councilmember Whitesides
spoke in favor of a partial ban.
Motion by Whitesides, second by Meyer to deny Resolution #2006-39. Upon roll call vote,
Councilmember's Pielstick, Walker, Whitesides, and Meyer voted aye. Councilmember's
Cornelius, Nickerson, Gericke, Brown, Gilbert, and Haase voted no. Motion failed.
Motion by Nickerson, second by Cornelius to approve Resolution #2007-39. Upon roll call vote,
Councilmember's Cornelius, Nickerson, Gericke, Brown, Gilbert, and Haase voted aye.
Councilmember's Pielstick, Walker, Whitesides, and Meyer voted no. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase to approve the Claims for the period of January 24, 2007
through February 13, 2007, for a total amount of $3,433,740.42. Motion adopted unanimously.
Motion by Cornelius, second by Haase to approve the following Claims for the Library
Expansion for the period of January 24, 2007 through February 13, 2007:
#51 $358,255.49
#52 $ 156.95
Motion adopted unanimously.
SPECIAL ITEMS:
Discussion Concerning International Association of Fire Fithters (I ,Union Litigation and
Fraternal Order of Police (FOPI Upcoming Collective Bar~a~ fining.
Motion by Whitesides, second by Cornelius to go into executive session at 8:30 p.m. for the
purpose of discussing International Association of Fire Fighters (IAFF) union litigation and
Fraternal Order of Police (FOP) upcoming collective bargaining. Upon roll call vote, all voted
aye. Motion adopted.
Motion by Whitesides, second by Pielstick to reconvene in Regular Session at 8:55 p.m. Upon
roll call vote, all voted aye.
ADJOURNMENT: The meeting was adjourned at 8:55 p.m.
0.4.. Cep[ L~
RaNae Edwards
City Clerk