02-06-2007 City Council Study Session PacketCity of Grand Island
Tuesday, February 06, 2007
Study Session Packet
City Council:Mayor:
Margaret Hornady
City Administrator:
Gary Greer
City Clerk:
RaNae Edwards
T
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7:00:00 PM
Community Meeting Room - Lower Level - City Hall
100 East First Street
Tom Brown
Carole Cornelius
John Gericke
Peg Gilbert
Joyce Haase
Robert Meyer
Mitchell Nickerson
Jackie Pielstick
Scott Walker
Fred Whitesides
Call to Order
City of Grand Island City Council
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
Invocation - Pastor Todd Bowen, Grace Covenant Church, 418 West 12th Street
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item -1
Discussion Concerning Request of Energy Grains Development for
Conditional Use Permit for Ethanol Plant Located at 1730
Wildwood Drive
Tuesday, February 06, 2007
Study Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig A. Lewis, Building Department Director
Meeting: February 6, 2007
Subject: Request of Energy Grains Development Group LLC
for a Conditional Use Permit to Operate an Ethanol Plant at
1730 Wildwood Dr, Grand Island, NE
Item #’s: 1
Presenter(s): Craig A. Lewis, Building Department Director
Background
This request was referred from the January 23, 2007, City Council meeting for further discussion
and to address questions and concerns from the Council and Public.
Discussion
The conditional use process allows for conditions to be placed on the proposed operation or use
as presented at the Council meeting. The following are conditions proposed by City staff:
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 to be pumped.
2) Odor generated at the plant is proposed to be mitigated with two thermal oxidizers. As
this approach appears to be the most recent technology, the operation shall submit, on a
two-year cycle, documentation that the Best Available Control Technology (BACT) has
been provided or will be provided to control any odors associated with the process.
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 documented to the City of Grand Island on a two-year rotational period.
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 proposed waste.
5) Landscaping on the site is proposed in a tree line adjacent to the north boundary of the
property. 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 construction permits. The landscaping sha ll
be maintained for the life of the facility.
6) Exterior lighting for the facility shall be predominately down lighting.
7) Construction of the proposed facility shall commence within two years of approval and 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
council.
8) An additional item for conditions placed on the proposed use would be a development
agreement that identifies the expectations for the development of the tract of land. In the
past, subdivision agreements have typically fulfilled this expectation, but, as this property
will not need to be subdivided as a requirement for development, an agreement that
identifies the responsibilities and expectations is desirable.
Development agreement is a negotiated document between the Developer and the City of
Grand Island.
Example Negotiated Development Agreement:
The developer agrees to construct the following improvements to facilitate the
development of the proposed property:
1) Streets:
2) Water:
3) Sewer:
4) Drainage :
5) Flood Plain:
The developer shall engage a qualified engineer and contractor to design, construct,
and complete the agreed improvements.
Conclusion
This item is presented to the City Council in a Study Session to allow for any questions to be
answered and to create a greater understanding of the issue at hand.
It is the intent of City Administration to bring this issue to a future council meeting.
Rainbow Lake
BlaineBlaine StLocust StWildwood Dr
Schimmer Dr
US Highway 34
Platte GeneratingStation
ProposedEthanolPlant Site
Hall County Park
Platte Valley Industrial Park
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
January 23, 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 January 23, 2007. Notice of the meeting was given in The Grand Island Independent
on January 17, 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, Nickerson, Gericke, Brown, Gilbert,
Whitesides, Haase, and Meyer. Councilmember Cornelius was absent. The following City
Officials were present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance
Director David Springer, Public Works Director Steve Riehle, and City Attorney Dale Shotkoski.
INVOCATION was given by Pastor Scott Friesen, Berean Bible Church, 4116 West Capital
Avenue followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Hornady acknowledged Community Youth Council
members Ashley Chalupa and Amanda Calhoon along with Adrian Valez, Board Member.
Mentioned were the upcoming Youth Council events - Chili Cook Off and Talent Show.
PRESENTATIONS AND PROCLAMATIONS:
Recognition of Milt Loeb, Senior Engineering Technician with the Public Works Department for
35 Years of Service with the City. Mayor Hornady and City Council recognized Milt Loeb,
Senior Engineering Technician with the Public Works Department for 35 years of service with
the City. Milt Loeb was present for the presentation.
ADJOURN TO BOARD OF EQUALIZATION: Motion by Pielstick, second by Whitesides,
carried unanimously to adjourn to the Board of Equalization.
#2007-BE-1 – Consideration of Determining Benefits for Sidewalk District No. 1, 2006. Steve
Riehle, Public Works Director reported that work had been completed on Sidewalk District No.
1, 2006. The total cost of construction was $924.00.
#2007-BE-2 – Consideration of Determining Benefits for Street Improvement District No. 1258;
Extending Faidley Avenue West of Diers Avenue an Additional Six Hundred Fifty Fee (650
Feet). Steve Riehle, Public Works Director reported that work had been completed on Street
Improvement District No. 1258. The total cost of the project was $197,147.92
Motion by Pielstick, second by Meyer to approve Resolutions #2007-BE-1 and #2007-BE-2.
Upon roll call vote, all voted ayes. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Whitesides, second by Gilbert, carried
unanimously to return to Regular Session.
Page 2, City Council Regular Meeting, January 23, 2007
PUBLIC HEARINGS:
Public Hearing on Request of Hoch, Inc. dba H & H Distributing, 4221 Juergen Road for a Class
“X” Liquor License. RaNae Edwards, City Clerk reported that an application had been received
from Hoch, Inc. dba H & H Distributing, 4221 Juergen Road for a Class “X” Liquor License.
Ms. Edwards presented the following exhibits for the record: application submitted to the Liquor
Control Commission and received by the City on December 27, 2006; notice to the general
public of date, time, and place of hearing published on January 13, 2007; notice to the applicant
of date, time, and place of hearing mailed on December 27, 2006; along with Chapter 4 of the
City Code. Staff recommended approval. Harry Hoch, 2417 Cottonwood Road spoke in support.
No further public testimony was heard.
Public Hearing on Request from Energy 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 that Paul Kenney had requested a
conditional use permit on behalf of Energy Grains Development Group LLC located at 1730 and
1898 Wildwood Drive for an ethanol production facility. Mr. Lewis presented the following
unknowns for this project: 1) amount and source of water for manufacturing process, 2) Odor, 3)
air quality due to ethanol process, 4) sewer and process discharges, 5) landscape buffering, 6)
location, and time frame for construction. Staff recommendation was either to approve with
stipulations or table for further review.
The following people spoke in support:
Marlan Ferguson, President of EDC, 2808 Apache Road
Dan Lindstrom, Attorney for Energy Grains Development, Kearney, NE
Kevin Prior, representative of Olsson Associates
Paul Kenney, President of Energy Grains Development, Kearney, NE
Stew Jobes, 1818 South Garland Street, Finance Specialist with the Nebraska Department
of Economic Development
Richard Sanne, Nebraska Department of Agriculture
Casey Macken, 2603 Riverview Drive
Ken Gnadt, 1610 Gretchen Avenue
Nadine Oakley, 1381 West Schimmer Drive
Kay Robbins, 404 Wyandotte Street
Bill Westering, 2015 West John Street
The following people spoke in opposition:
Tom Haney, 3604 South Blaine Street #6
Dan Lind, 2111 Bass Road
Dr. Casey Iverson, 3604 South Blaine Street
Laura Fox, 1916 Rainbow Road
Joel Joe Luetkenhaus, 1710 Rainbow Road
David Bush, 2508 Stagecoach Road
Lewis Kent, 624 East Meves Road
The following people spoke in a neutral position:
Mike Morledge, 1425 Stagecoach Road
Page 3, City Council Regular Meeting, January 23, 2007
Tom O’Neill, 2017 Barbara Avenue
No further public testimony was heard.
Public Hearing on Change of Zoning for Grand Island Industrial Park West Subdivision Located
North and East of Indianhead Golf Course and West of North Road from M1 Light
Manufacturing, M2 Heavy Manufacturing and R1 Suburban Density Residential to RD
Residential Development. Chad Nabity, Regional Planning Director reported that the Evangelical
Lutheran Good Samaritan Society of Sioux Falls, South Dakota had submitted an application to
rezone approximately 33 acres of land north and east of the Indianhead Golf Course from M1
Light Manufacturing, M2 Heavy Manufacturing and R1 Suburban Density Residential to RD
Residential Development.
The following people spoke in support:
Harold Rosenkotter, 3115 Goldenrod Drive
Rod Hooker, 4525 West Capital Avenue
Kim Johansen, Executive Director of Good Samaritan facilities
Marlan Ferguson, President of EDC, 2808 Apache Road
Jack Henry, 4840 Baker Avenue
Jason Gunther, Good Samaritan Design Cons ultant for the State of Nebraska
Tom Haney, 3604 South Blaine Street
No further public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located Northeast of 914 Bauman Drive
(Hall County Housing Authority and Mid-Plains Center for Behavioral Healthcare Services, Inc.)
Gary Mader, Utilities Director reported that acquisition of a utility easement located northeast of
914 Bauman Drive was needed in order to have access to install, upgrade, maintain, and repair
power appurtenances, including lines and transformers. This easement would be used to relocate
underground power cables and a pad-mounted transformer for the expanded building of Mid-
Plains Center. No public testimony was heard.
The council took a recess at 8:55 p.m. and returned to session at 9:05 p.m.
ORDINANCES:
Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinances numbered:
#9101 – Consideration of Assessments for Sidewalk District No. 1, 2006
#9102 – Consideration of Assessments for Street Improvement District No. 1258;
Extending Faidley Avenue West of Diers Avenue an Additional Six Hundred Fifty Feet
(650 Feet)
#9103 – Consideration of Vacating the West 900 Feet of Enterprise Avenue and Fortune
Street between Trust Street and Enterprise Avenue in Grand Island Industrial park West
Subdivision
#9104 – Consideration of Vacating 16’ Utility Easements in Grand Island Industrial Park
West Subdivision (The Evangelical Lutheran Good Samaritan Society)
Page 4, City Council Regular Meeting, January 23, 2007
#9105 – Consideration of Change of Zoning for Grand Island Industrial Park West
Subdivision Located North and East of Indianhead Golf Course and West of North Road
from M1 Light Manufacturing, M2 Heavy Manufacturing, and R1 Suburban Density
Residential to RD Residential Development
#9106 – Consideration of Amendments to Chapter 34 of the Grand Island City Code
Relative to Telecommunications Occupation Tax
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 seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Steve Riehle, Public Works Director reported Ordinances #9101 and #9102 related to the
aforementioned Board of Equalization hearing. Ordinance #9103 was a request by the developer
to vacate 900 feet of Enterprise Avenue and Fortune Street between Trust Street and Enterprise
Avenue for the purpose of a private street. Ordinance #9104 was a request by the developer to
facilitate development in the Grand Island Industrial Park West Subdivision.
Motion by Gilbert, second by Pielstick to approve Ordinances #9101, #9102, #9103, and #9104.
City Clerk: Ordinances #9101, #9102, #9103, and #9104 on first reading. All those in favor of
the passage of these ordinances on first reading, answer roll call vote. Upon roll call vote, all
voted aye. Motion adopted.
City Clerk: Ordinances #9101, #9102, #9103, and #9104 on final passage. All those in favor of
the passage of these ordinances 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,
Ordinances #9101, #9102, #9103, and #9104 are declared to be lawfully adopted upon
publication as required by law.
#9105 – Consideration of Change of Zoning for Grand Island Industrial Park West
Subdivision Located North and East of Indianhead Golf Course and West of North Road
from M1 Light Manufacturing, M2 Heavy Manufacturing, and R1 Suburban Density
Residential to RD Residential Development
Chad Nabity, Regional Planning Director reported Ordinance #9105 related to the
aforementioned Public Hearing. Discussion was held regarding the proposed plan for 26’ private
streets.
Motion by Whitesides, second by Gilbert to approve Ordinance #9105.
City Clerk: Ordinance #9105 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, Councilmember’s Pielstick, Walker,
Nickerson, Gericke, Brown, Gilbert, Whitesides, and Haase voted aye. Councilmember Meyer
voted no. Motion adopted.
Page 5, City Council Regular Meeting, January 23, 2007
City Clerk: Ordinance #9105 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, Councilmember’s Pielstick, Walker,
Nickerson, Gericke, Brown, Gilbert, Whitesides, and Haase voted aye. Councilmember Meyer
voted no. Motion adopted.
Mayor Hornady: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #9105 is declared to be lawfully adopted upon publication as required by law.
#9106 – Consideration of Amendments to Chapter 34 of the Grand Island City Code
Relative to Telecommunications Occupation Tax
Paul Briseno, Assistant to the City Administrator reported Ordinance #9106 was discussed at the
January 16, 2007 City Council Study Session. This would be a change to Chapter 23 of the
Grand Island City Code allowing a 3% occupational tax on mobile phones.
Discussion was held regarding the use and/or restrictions of these monies. City Administrator
Gary Greer stated the money would to into the general fund and council would have final
authority on how to spend these monies through the budget process.
Lewis Kent, 624 East Meves Street spoke in opposition. Mr. Greer explained the reasons for the
additional tax and who would be affected by it.
Motion by Pielstick, second by Gilbert to approve Ordinance #9106.
City Clerk: Ordinance #9106 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 #9106 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 #9106 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Consent Agenda item G-11 was pulled for further discussion. Motion by
Gilbert, second by Meyer to approve the Consent Agenda excluding item G-11. Upon roll call
vote, all voted aye. Motion adopted.
Approving Minutes of January 9, 2007 City Council Regular Meeting.
Approving Minutes of January 16, 2007 City Council Study Session.
Approving Re-Appointment of Kurt Haecker to the City/County Efficiency Effectiveness
Committee.
Approving Re-Appointments of Craig Hand, Dean Peg, K.C. Hehnke, Mark Stelk, and Tom
Ziller to the Business Improvement District No. 5 Board.
Approving Preliminary Plat for Good Samaritan Subdivision.
Page 6, City Council Regular Meeting, January 23, 2007
#2007-14 – Approving Final Plat and Subdivision Agreement for Good Samaritan Subdivision.
It was noted that The Evangelical Lutheran Good Samaritan Society, owner had submitted a
Final Plat for Good Samaritan Subdivision located on a tract of land in Lots 5-10, Lots 26-29,
Lots 42-59 and a part of the SW ¼ of the NE ¼ of Section 26-11-10 consisting of approximately
32.06 acres for the purpose of creating 31 lots and 1 outlot.
#2007-15 – Approving Acquisition of Utility Easement Located Northeast of 914 Bauman Drive.
(Hall County Housing Authority and Mid-Plains Center for Behavioral Healthcare Services, Inc.)
Councilmember Meyer abstained.
#2007-16 – Approving Bid Award for Platte River Well Field Well Enclosures for Wells #5, #9,
and #12 with Steel Crafters, Inc. of Grand Island, Nebraska in an Amount of $67,536.00.
#2007-17 – Approving Bid Award for Front End Loader for the Platte Generating Station with
Nebraska Machinery Co., of Grand Island, Nebraska in an Amount of $48,000.00.
#2007-18 – Approving Bid Award for Fork Lift with Torsen, Inc. of Henderson, Nebraska in an
Amount of $20,877.00.
#2007-20 – Approving Bid Award for 47,000 GVW Dump Truck for Public Works Streets
Division with Wick’s Sterling Trucks of Omaha, Nebraska in an Amount of $75,489.50.
#2007-21 – Approving Certificate of Substantial and Final Completion for the Ultra Violet
Disinfection System Project 2004-WWTP-1 with Starostka Group Unlimited, Inc. of Grand
Island, Nebraska.
#2007-22 – Approving Deferral of Assessments for Agricultural Property Located within the
Boundaries of Street Improvement District No. 1258 (T & E Cattle Company).
#2007-23 – Approving Maintenance Agreement No. 12 Renewal with the Nebraska Department
of Roads.
#2007-24 – Approving Household Hazardous Waste Construction Grant Application to the
Department of Environmental Quality (DEQ).
#2007-25 – Approving Bid Award for Hand Held Meter Reading System with Northrop
Grumman of San Diego, California in an Amount of 428,450.00.
#2007-26 – Approving Annexation Plan for Property Located Between the East Side of the Platte
Valley Industrial Park and South Locust Street and Between Wildwood Drive and Schimmer
Drive and Scheduling Public Hearing.
#2007-27 – Approving Paul Briseno, Assistant to the City Administrator as Authorized
Representative for Federal/State Financial Assistance under the President’s Disaster Relief Fund
for the Ice Storms of December 19, 2006 and January 1, 2007.
Page 7, City Council Regular Meeting, January 23, 2007
#2006-19 – Approving Continuation of Water Main District No. 455 – Park-View Area. Gary
Mader, Utilities Department Director reported that Water Main District No. 455 was created at
the request of area residents within the Park-View Subdivision. Protests were received
representing 49.68% of the front footage of the district so this item was the continuation of that
district.
The following people spoke in support:
· Trudi Henke, 2429 Commerce Avenue
· Jody Nelson, 2521 Commerce Avenue
· Keith Pirnie, 2425 Commerce Avenue
Discussion was held regarding other residents in the area hooking up to this water main. Mr.
Mader stated they would have to for a district which would hook into this district.
Motion by Pielstick, second by Gilbert to approve Resolution #2007-19. Upon roll call vote, all
voted aye. Motion adopted.
REQUESTS AND REFERRALS:
Approving Referral of the One & Six Year Street Improvement Program to the Regional
Planning Commission. Steve Riehle, Public Works Director reported on the process of having
the Regional Planning Commission act on the One & Six Year Street Improvement Program and
then bring their recommendations to the City Council. The City Council will act on this at their
February 13, 2007 Regular meeting.
Motion by Gilbert, second by Pielstick to approve referral of the One & Six Year Street
Improvement Program to the Regional Planning Commission. Upon roll call vote, all voted aye.
Motion adopted.
Consideration of Request from Energy 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
aforementioned Public Hearing.
Motion by Whitesides, second by Meyer 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.
Discussion was held regarding trains, the comprehensive plan, and how an ethanol plant at this
location would impact the power plant. Mr. Mader stated the power plant would be able to
handle this facility. Further discussion was held regarding the location and other questions raised
during the public hearing.
Motion by Gilbert, second by Gericke to lay this matter on the table in order to get questions
answered and bring it back to a Study Session on February 6, 2007. Upon roll call vote,
Councilmember’s Pielstick, Walker, Gericke, Brown, Gilbert, and Haase voted aye.
Councilmember’s Nickerson, Whitesides, and Meyer voted no. Motion adopted.
Page 8, City Council Regular Meeting, January 23, 2007
Consideration of Request from Roxy Clark dba Bronx Pawn, 386 North Pine Street for
Pawnbroker’s Permit. RaNae Edwards, City Clerk reported an application, fee, and bond had
been received as required by Chapter 25 of the Grand Island City Code from Roxy Clark dba
Bronx Pawn, 386 North Pine Street for a Pawnbroker’s Permit. Staff recommended approval.
Motion by Pielstick, second by Walker to approve the request of Roxy Clark dba Bronx Pawn,
386 North Pine Street for a Pawnbroker’s Permit. Upon roll call vote, all voted aye. Motion
adopted.
RESOLUTIONS:
#2007-28 – Consideration of Request of Hoch, Inc. dba H & H Distributing, 4221 Juergen Road
for a Class “X” Liquor License and Liquor Manager Designation for Harry A. Hock, Jr., 2417
Cottonwood Road. RaNae Edwards, City Clerk reported this item related to the aforementioned
Public Hearing. Also included was the request from Harry A. Hock, Jr., 2417 Cottonwood Road
for a liquor manager designation.
Motion by Pielstick, second by Gericke to approve Resolution #2007-28 contingent upon Harry
A. Hoch, Jr. completing a state approved alcohol server/seller training program. Upon roll call
vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Whitesides, second by Haase to approve the Claims for the period of January 10,
2006 through January 23, 2007, for a total amount of $2,453,908.93. Motion adopted
unanimously. Councilmember Pielstick abstained from voting on claim #146610.
Motion by Whitesides, second by Haase to approve the following Claims for the Library
Expansion for the period of January 10, 2007 through January 23, 2007:
#50 $2,740.00
Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 10:10 p.m.
RaNae Edwards
City Clerk