12-21-2004 City Council Regular Meeting PacketCity of Grand Island
Tuesday, December 21, 2004
Council Session Packet
City Council:Mayor:
Jay Vavricek
City Administrator:
Gary Greer
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Carole Cornelius
Peg Gilbert
Joyce Haase
Margaret Hornady
Robert Meyer
Mitchell Nickerson
Don Pauly
Jackie Pielstick
Scott Walker
Fred Whitesides
City of Grand Island City Council
Call to Order
Pledge of Allegiance
Roll Call
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.
/Invocation - Pastor Nancy Lambert, Trinity United Methodist
Church, 511 North Elm Street
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
City of Grand Island City Council
Item C1
Musical Presentation by Interfaith Inspirations
The Interfaith Inspirations group under the direction of Wendy McCarty will present three
Gospel selections for the enjoyment of those attending and viewing the City Council meeting
of December 21, 2004. This group of 18-20 people from different faith denominations have
been together for approximately 10 years performing from January to Easter of each year.
This dynamic non-profit group includes ex-music teachers and educators averaging in age of
70 years. We welcome this group to our meeting to help celebrate the holiday season.
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item E1
Public Hearing on Acquisition of Property Located at 1613 West
Division Street (Old Wasmer School Property)
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, P.E., Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, P.E., Director of Public Works
Doug Walker, City Attorney
Meeting: December 21, 2004
Subject: Public Hearing on the Purchase of the Old Wasmer
School Property; Located at 1613 W Division Street
Item #’s: E-1 & G-14
Presenter(s): Steven P. Riehle, P.E., Director of Public Works
Background
A public hearing must be held and Council action must be taken by resolution for
the City of Grand Island to acquire property. Grand Island Public Schools own the
property at 1613 W Division Street and have agreed to sell this property.
Discussion
The city has been working with the Nebraska Department of Roads on a project to widen
Second Street (US highway 30) between Grant Street and Greenwich Street. The area
experiences significant ponding of storm water runoff. The City of Grand Island is
interested in the old Wasmer Elementary School Site for use as a detention cell. The
Grand Island Public Schools advertised for bids on November 12, 2004. The City of
Grand Island submitted a bid for $180,100.00 on December 1, 2004. At the December 9,
2004 school board meeting, the school board members voted to accept the City of Grand
Island’s bid to purchase the property. The bid must be approved by the Mayor and the
City Council.
Alternatives
1. Move to approve the purchase of the property.
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the purchase of the Old
Wasmer School Property for $180,100.00 and pass a resolution authorizing the Mayor to
sign an agreement with the Grand Island Public Schools for the purchase.
Sample Motion
Move to approve the acquisition of the Old Wasmer School Property.
Item E2
Public Hearing Concerning Changes to Chapter 36 of the Grand
Island City Code
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: December 21, 2004
Subject: Amendments to Chapter 36 Zoning Regulations
Item #’s: E-2 & F-3
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
The City of Grand Island adopted new zoning regulations in July 2004. The changes proposed here are
intended to correct omissions and typographical errors in those regulations. Several sections that pertain to
building permits and occupancy certificates are also being removed as these issues are covered in other more
pertinent sections of the City Code.
Discussion
City administration and staff will continue to find changes that need to be made within the regulations. These
will likely come forward every 6 months or so as we collect enough changes to make it worth while to bring
forward. If a glaring omission is found or a change needs to be made immediately we would forward that to the
Planning Commission and council as soon as possible.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council may:
1. Approve the changes as presented
2. Modify the changes to meet the wishes of the Council
3. Table the issue
Recommendation
A motion was made by Eriksen and seconded by Haskins to approve and recommend that the Grand Island
City Council approve the changes to Chapter 36 of the Grand Island City Code as Submitted.
A roll call vote was taken and the motion passed with 11 members present (Amick, Haskins, O’Neill, Brown,
Niemann, Miller, Eriksen, Ruge, Monter, Hayes, Wagoner) voting in favor.
Sample Motion
Approve the changes to Chapter 36 of the Grand Island City Code as Submitted.
Item E3
Public Hearing on Request of Ruff's Bar, Inc. dba Ed & Nets, 311
North Walnut Street for a Class "C" Liquor License
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: December 21, 2004
Subject: Public Hearing on Request of Ruff’s Bar, Inc. dba Ed &
Nets, 311 North Walnut Street for a Class “C” Liquor
License
Item #’s: E-3, G-7 & G-8
Presenter(s): RaNae Edwards, City Clerk
Background
Ruff’s Bar, Inc. dba Ed & Nets, 311 North Walnut Street has submitted an application for
a Class “C” Liquor License. A Class “C” Liquor License allows for the sale of alcoholic
beverages on and off sale within the corporate limits of the City of Grand Island.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the
Building, Fire, Health, and Police Departments. Approval is recommended contingent
upon final inspections.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request for Ruff’s Bar, Inc. dba Ed & Nets, 311 North Walnut
Street for a Class “C” Liquor License.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve this request.
Sample Motion
Approve the request of Ruff’s Bar, Inc. dba Ed & Nets, 311 North Walnut Street for a
Class “C” Liquor License contingent upon final inspections.
Item E4
Public Hearing on Acquisition of Utility Easement - Northeast
Corner of Gregory Avenue and Shady Bend Road - Widdifield
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: December 21, 2004
Subject: Acquisition of Utility Easement – Northeast Corner of
Gregory Avenue and Shady Bend Road
Item #’s: E-4 & G-13
Presenter(s): Gary R. Mader, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City
Council. The Utilities Department needs to acquire an easement relative to the property
of Robert and Lynn E. Flint Widdifield, located at the northeast corner of Gregory
Avenue and Shady Bend Road in the City Of Grand Island, Hall County, in order to have
access to install, upgrade, maintain, and repair power appurtenances, including lines and
transformers.
Discussion
This easement will be used to locate a single phase pad-mounted transformer and primary
cable to serve electricity to a new home.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve.
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the
acquisition of the easement for one dollar ($1.00).
Sample Motion
Motion to approve acquisition of the Utility Easement.
Item F1
#8945 - Consideration of Conveyance of Portion of Vacated 16th
Street
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Doug Walker
City of Grand Island City Council
Council Agenda Memo
From: Douglas R. Walker, City Attorney
Meeting: December 21, 2004
Subject: Conveyance of a Portion of Vacated 16th Street
Item #’s: F-1
Presenter(s): Douglas R. Walker, City Attorney
Background
The Grand Island City Council passed Ordinance No. 4876 on October 5, 1970, which
vacated a portion of 16th Street, between Block 80 and Block 93 in Wheeler and
Bennett’s Fourth Addition to the City of Grand Island. The title to the vacated portion of
16th Street remained in the City of Grand Island. Ordinance No. 4977 was passed by the
Grand Island City Council on February 8, 1971. This ordinance authorized the
conveyance of the vacated portion of 16th Street to Robert R. Rector, Harold F. Hoppe,
and W.F. Hoppe, Jr. for the amount of $25.00. Said Ordinance No. 4977 also authorized
the City Clerk to have a deed prepared for execution by the Mayor and for recording with
the Hall County Register of Deeds Office to complete the transfer of the property. This
deed was not prepared by the City Clerk and it was discovered in a recent title search for
the new owners of the property on either side of the vacated portion of 16th Street that the
deed had not been recorded.
Discussion
The City of Grand Island was recently contacted by Seldin Comp any, which is acting as
agent for GI Venture, L.P., which is the new owner of lots 1 through 10, Block 80 and
Lots 1 through 10, Block 93 in Wheeler and Bennett’s Fourth Addition to the City of
Grand Island. These lots in each of these blocks lie on either side of the vacated portion
of 16th Street and it was intended that the vacated portion of 16th Street be conveyed to
the current owners’ predecessors in title. Apparently there was an inadvertent error on the
part of the city in not completing the preparation of the deed so that it could be filed to
complete the conveyance that was previously authorized by the City Council. Two of the
three individuals who were to receive the conveyance in 1971 are now deceased. To
correct the title to reflect that the vacated portion of 16th Street between Blocks 80 and 93
in Wheeler and Bennett’s Fourth Addition to the City of Grand Island belongs to the
current owners, GI Venture, L.P. an ordinance is necessary approving the conveyance of
this property to GI Venture, L.P.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the ordinance authorizing the conveyance of the vacated portion of
16th Street to GI Venture, L.P.
2. Not approve the ordinance.
3. Not take any action on the ordinance.
4. Take no action on the issue
Recommendation
City Administration recommends tha t the Council approve the ordinance conveying the
vacated portion of 16th Street to GI Venture, L.P.
Sample Motion
Motion to suspend the requirement for three separate readings and a motion to approve
the ordinance conveying the property to GI Venture, L.P.
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
ORDINANCE NO. 8945
An ordinance directing and authorizing the conveyance of property to GI Venture,
L.P., a limited partnership; providing for the giving of notice of such conveyance and the terms
thereof; providing for the right to file a remonstrance against such conveyance; providing for
publication and the effective date of this ordinance.
WHEREAS, on October 5, 1970, by Ordinance No. 4876, the City of Grand
Island approved the vacation of a portion of 16th Street, from Vine Street to the Burlington
Northern Railroad right-of-way; and
WHEREAS, on February 8, 1971, by Ordinance No. 4977, the City of Grand
Island approved the conveyance of such vacated property to Robert R. Rector, Harold F. Hoppe,
and W.F. Hoppe, Jr.; and
WHEREAS, due to an apparent oversight, the deed conveying such property was
never executed or recorded with the Hall County Register of Deeds; and
WHEREAS, such property has changed ownership since the conveyance was
originally authorized and approved in 1971; and
WHEREAS, the current owners of the property are interested in obtaining this
property, and it is proper to convey the property to the current property owners under the same
terms and conditions.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Approval is hereby granted for the conveyance to GI VENTURE,
L.P., a limited partnership, of a part of Sixteenth Street vacated by Ordinance No. 4876. Such
vacated street being eighty (80) feet in width, lying between Block 80 and Block 93 in Wheeler
ORDINANCE NO. 8945 (Cont.)
- 2 -
and Bennett's Fourth Addition to the City of Grand Island, Nebraska, from the easterly line of
Vine Street in said City to a line joining the northeasterly corner of said Block 80 and the
southeasterly corner of said Block 93, all being in the City of Grand Island, Hall County,
Nebraska, containing 0.485 acres, more or less, as shown on the attached plat marked Exhibit
"A" attached hereto and incorporated herein by reference.
SECTION 2. The consideration for such conveyance shall be Twenty Five
Dollars ($25.00). Conveyance of the real estate above described shall be by quitclaim deed,
subject to the restriction that no building shall be permitted on the premises but that the premises
will be set aside as open space. The City of Grand Island shall not be required to furnish an
abstract of title.
SECTION 3. As provided by law, notice of such conveyance and the terms
thereof shall be published for three consecutive weeks in the Grand Island Independent, a
newspaper published for gene ral circulation in the City of Grand Island. Immediately after the
passage and publication of this ordinance, the City Clerk is hereby directed and instructed to
prepare and publish said notice.
SECTION 4. Authority is hereby granted to the electors of the City of Grand
Island to file a remonstrance against the conveyance of such within described real estate; and if a
remonstrance against such conveyance signed by registered voters of the City of Grand Island
equal in number to thirty percent of the registered voters of the City of Grand Island voting at the
last regular municipal election held in such City be filed with the City Council within thirty days
of passage and publication of such ordinance, said property shall not then, nor within one year
thereafter, be conveyed.
ORDINANCE NO. 8945 (Cont.)
- 3 -
SECTION 5. The conveyance of said real estate is hereby authorized, directed
and confirmed; and if no remonstrance be filed against such conveyance, the Mayor shall make,
execute and deliver to GI VENTURE, L.P., a limited partnership, a quitclaim deed for said real
estate, and the execution of such deed is hereby authorized without further action on behalf of
the City Council.
SECTION 6. This ordinance shall be in force and take effect from and after its
passage and publication, without the plat, within fifteen days in one issue of the Grand Island
Independent as provided by law.
Enacted: December 21, 2004.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#8946 - Consideration of Corrections and Updates to City Code,
Chapter 15, Electricity
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Meeting: December 21, 2004
Subject: Corrections and Updates to City Code, Chapter 15,
Electricity
Item #’s: F-2
Presenter(s): Gary R. Mader, Utilities Director
Background
Since the revised Electric Rate Structure was approved at the November 9, 2004 Council
Meeting, the Finance, Data Processing, and Electric Departments have been working to
implement the revisions and develop the computer programs required for billings.
During this detailed review of the ordinance, a number of errors have been discovered.
Discussion
The errors consist of a misplaced decimal point, transposed wording and lack of
capitalization in some cases. A corrected ordinance has been prepared. The corrections
do not change the rate revisions as have been previously presented.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve Ordinance #8946
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Ordinance #8946.
Sample Motion
Move to approve Ordinance #8946.
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
ORDINANCE NO. 8946
An ordinance to amend Chapter 15 of the Grand Island City Code; to amend
Section 15-55, 15-57, 15-60, 15-63, 15-68, 15-70, 15-71, and 15-74 to clarify and/or make
general corrections to various code sections ; to repeal Section 15-55, 15-57, 15-60, 15-63, 15-68,
15-70, 15-71, and 15-74 as now existing, and any ordinance or parts of ordinances in conflict
herewith; and to provide for publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 15-55 of the Grand Island City Code is hereby amended to
read as follows:
§15-55. 010 Residential Service
Applicable in urban and rural distribution areas. Available at single phase, through a single meter, to
residential consumers for domestic use in a single-family dwelling unit; but is not available for commercial or non-
domestic use.
Individual single -phase motors, not to exceed 10 HP each, may be connected; however, the City Utilities
Department must be notified in writing, if a motor over 5 HP is installed.
This schedule has two sets of rates: one for the summer period of five months, beginning with the June
billing; and the second for the winter season of seven months, beginning with the November billing.
Summer Rate for Calendar Year 2005
Kilowatt-Hours Used Per Month (June - October)
First 300 KWH………………………………………. $0.074 per KWH
Next 700 KWH……………………………………… $0.049 per KWH
All additional KWH…………………………………. $0.055 per KWH
Plus a customer charge of $5.00 per month, in addition to that charged for the electrical energy used, plus
the applicable Power Cost Adjustment charge. The minimum monthly bill shall be $5.00 prior to the Power Cost
Adjustment.
Summer Rate Beginning Calendar Year 2006
Kilowatt-Hours Used Per Month (June – October)
First 300 KWH………………………………………. $0.077 per KWH
Next 700 KWH……………………………………… $0.052 per KWH
All additional KWH…………………………………. $0.059 per KWH
Plus a customer charge of $5.00 per month, in addition to that charged for the electrical energy used, plus
the applicable Power Cost Adjustment charge. The minimum monthly bill shall be $5.00 prior to the Power Cost
Adjustment.
Winter Rate for Calendar Year 2005
Kilowatt-Hours Used Per Month (November - May)
First 300 KWH………………………………………. $0.074 per KWH
Next 700 KWH……………………………………… $0.049 per KWH
Additional KWH…………………………………….. $0.029 per KWH
ORDINANCE NO. 8946 (Cont.)
- 2 -
Plus a customer charge of $5.00 per month, in addition to that charged for the electrical energy used, plus
the applicable Power Cost Adjustment charge. The minimum monthly bill shall be $5.00 prior to the Power Cost
Adjustment.
Winter Rate Beginning Calendar Year 2006
Kilowatt-Hours Used Per Month (November - May)
First 300 KWH………………………………………. $0.077 per KWH
Next 700 KWH……………………………………… $0.052 per KWH
Additional KWH…………………………………….. $0.031 per KWH
Plus a customer charge of $5.00 per month, in addition to that charged for the electrical energy used, plus
the applicable Power Cost Adjustment charge. The minimum monthly bill shall be $5.00 prior to the Power Cost
Adjustment.
SECTION 2. Section 15-57 of the Grand Island City Code is hereby amended to
read as follows:
§15-57. 030 Single-Phase Commercial Service
Applicable in urban and rural distribution areas. Available for commercial customers, for lighting and small
appliances. Available for single meter multi-family dwelling apartment units, and combined residential-commercial
use, where the Residential Rate is not applicable. Service shall be through a single meter.
Individual single -phase motors, not to exceed 10 HP each, may be connected; however, the City Utilities
Department must be notified in writing, if a motor over 5 HP is installed.
Kilowatt-Hours Used Per Month Rates – 2005
Calendar Year
Rates Beginning
2006 Calendar
Year
First 350 KWH……………………………………. $0.080 per KWH $0.082 per KWH
Next 650 KWH……………………………………. $0.070 per KWH $0.072 per KWH
Next 1,500 KWH………………………………….. $0.064 per KWH $0.066 per KWH
Next 2,500 KWH………………………………….. $0.060 per KWH $0.062 per KWH
Next 5,000 KWH………………………………….. $0.053 per KWH $0.056 per KWH
Over 10,000 KWH………………………………... $0.050 per KWH $0.053 per KWH
Plus a customer charge of $7.00 per month, in addition to that charged for the electrical energy used, plus
the applicable Power Cost Adjustment charge. The minimum monthly bill shall be $7.00 prior to the Power Cost
Adjustment.
SECTION 3. Section 15-60 of the Grand Island City Code is hereby amended to
read as follows:
§15-60. 050 Three-Phase Commercial Service
Applicable in the territory served by the City of Grand Island; and is available through a single meter at
three phase, for any electric service uses where three-phase service is available.
This schedule has two sets of rates: one for the summer period of five months, beginning with the June
billing; and the second for the winter season of seven months, beginning with the November billing.
ORDINANCE NO. 8946 (Cont.)
- 3 -
Summer Rate for Calendar Year 2005
Kilowatt-Hours Used Per Month (June - October)
First 1,000 KWH………………………… $0.075 per KWH
Next 1,500 KWH………………………... $0.068 per KWH
Next 2,500 KWH………………………... $0.064 per KWH
Next 15,000 KWH………………………. $0.058 per KWH
Over 20,000 KWH………………………. $0.055 per KWH
Plus a customer charge of $10.00 per month, in addition to that charged for the electrical energy
used, plus the applicable Power Cost Adjustment charge.
Summer Rate Beginning 2006 Calendar Year
Kilowatt-Hours Used Per Month (June - October)
First 1,000 KWH………………………… $0.079 per KWH
Next 1,500 KWH………………………... $0.071 per KWH
Next 2,500 KWH………………………... $0.067 per KWH
Next 15,000 KWH………………………. $0.061 per KWH
Over 20,000 KWH………………………. $0.058 per KWH
Plus a customer charge of $10.00 per month, in addition to that charged for the electrical energy
used, plus the applicable Power Cost Adjustment charge.
Winter Rate for Calendar Year 2005
Kilowatt-Hours Used Per Month (November - May)
First 500 KWH…………………………... $0.075 per KWH
Next 1,000 KWH………………………... $0.068 per KWH
Next 2,500 KWH………………………... $0.055 per KWH
Over 4,000 KWH………………………... $0.052 per KWH
Plus a customer charge of $10.00 per month, in addition to that charged for the electrical energy
used, plus the applicable Power Cost Adjustment charge.
Winter Rate Beginning 2006 Calendar Year
Kilowatt-Hours Used Per Month (November - May)
First 500 KWH…………………………... $0.079 per KWH
Next 1,000 KWH………………………... $0.071 per KWH
Next 2,500 KWH………………………... $0.058 per KWH
Over 4,000 KWH………………………... $0.055 per KWH
Plus a customer charge of $10.00 per month, in addition to that charged for the electrical energy
used, plus the applicable Power Cost Adjustment charge.
Minimum
The minimum monthly charge shall be no less than $10.00. The minimum shall in no event be less than $0.70 per
month per connected horsepower.
The billing horsepower shall be determined as follows:
1. Total connected horsepower, if total connected horsepower is less than 20 HP.
2. If total connected horsepower exceeds 20 HP, then the billing horsepower shall be the larger of 20 HP, or
the largest single connected motor.
3. If questions arise as to the actual billing horsepower, the City Utilities Department may, at its option, install
demand meters. The Kilowatt reading shall determine the billing horsepower on the basis of 0.75 Kilowatt = 1.0
HP.
It is the responsibility of the customer, to inform the City Utilities Department of changes that may effect minimum
billings.
ORDINANCE NO. 8946 (Cont.)
- 4 -
SECTION 4. Section 15-63 of the Grand Island City Code is hereby amended to
read as follows:
§15-63. 100 Three-Phase Power Service
Applicable in the territory served by the City of Grand Island, available through a single meter at three
phase. Available for any commercial or industrial use of energy.
Calendar Beginning 2006
Year 2005 Calendar Year
Demand Charge
$8.00 $8.50 per KW of billing demand
Energy Charge
$0.0265 $0.0275 per KWH for the first 450 hours of monthly demand
$0.0200 $0.0210 per KWH for all additional usage; plus applicable Power
Cost Adjustment charge.
Customer Charge
$300.00 $300.00 per month.
The minimum monthly bill shall be no less than $700. The Power Cost Adjustment charge is applied to
energy consumption only. and does not reduce the minimum billing.
SECTION 5. Section 15-68 of the Grand Island City Code is hereby amended to
read as follows:
§15-68. 114 Area Floodlighting
Applicable in the territory served by the City of Grand Island; and is available for any outdoor area
floodlighting of consumer's property from dusk to dawn, where such service can be rendered directly from existing
secondary distribution lines of the City.
Luminare will be selected by Electric Department and provided from Electric Department stock. For
installation on an existing wood pole, and connected to existing overhead secondary conductors on such pole, the
monthly rate is $0.70 $0.070 per watt per year, billed on a monthly basis for calendar year 2005; and $0.72 per watt
per year billed on a monthly basis beginning calendar year 2006.
Power Cost Adjustment is not applicable to the Area Floodlighting Rate.
SECTION 6. Section 15-70 of the Grand Island City Code is hereby amended to
read as follows:
§15-70. Power Cost Adjustment
The rates set out in this chapter are predicated upon a base power cost of 15.00 mills per kilowatt-hour.
When the City's cost of energy per kilowatt-hour shall temporarily be greater than 15.00 mills per kilowatt-hour,
there shall be added to the consumer's monthly charge for electricity used; an amount equal to the number of
kilowatt-hours used during the month to which the consumer's charge applies, multiplied by the amount by which
the cost of energy for kilowatt-hour shall be greater than 15.00 mills per kilowatt-hour.
ORDINANCE NO. 8946 (Cont.)
- 5 -
Cost of energy per kilowatt-hour as determined for any month shall be applicable to all charges rendered to
consumers after the last day of the following month, without any City Council action.
The cost of energy per kilowatt-hour applied to the consumer's monthly charge shall be an average of the
previous six-months cost of energy per kilowatt-hour.
If a permanent increase in the contract cost of energy to the City occurs, beginning with the month that the
cost increase becomes effective, the six-month average of the cost of energy per kilowatt-hour may be recalculated;
using the new increased cost of energy, to compute the affected components of the cost of energy for the previous
six months. This revised six-month average of the cost of energy per kilowatt hour shall then be applied to the
consumer's monthly charge for electricity used without any City Council action.
For purposes of this section, the following words shall have the following meanings:
Cost of Energy shall mean the power cost for the generating plants owned by the City, consisting of the
monthly natural gas cost and the cost of any fuel oil consumed; the cost of coal consumed, including freight and
handling charges; plus costs of payments by the City for power and energy purchased from other power
suppliers, less receipts from power costs charged for energy sold to other electric utilities.
Cost of Energy per Kilowatt-Hour shall mean "Cost of Energy" as above defined, divided by 95 percent of the total
kilowatt hours; consisting of the kilowatt hour output of the City's electric generating plants, plus the kilowatt hours
purchased from other power suppliers, less the kilowatt hours of energy sold to other electric utilities.
SECTION 7. Section 15-71 of the Grand Island City Code is hereby amended to
read as follows:
§15-71. Interdepartmental Rates
Municipal, non-enterprise accounts shall be assigned to standard retail Rate 30 or Rate 50 as appropriate.
An Interdepartmental discount shall be assigned to non-enterprise those accounts. The discount for calendar year
2005 is $0.01 per kWh for Rate 50 Interdepartmental accounts and $0.03 per kWh for Rate 30 Interdepartmental
accounts. The discount beginning for the calendar year beginning 2006 is $0.003 per kWh for both Rate 50 and Rate
30 Interdepartmental accounts.
SECTION 8. Section 15-74 of the Grand Island City Code is hereby amended to
read as follows:
§15-74. Rate 116; Interdepartmental; Streetlights
The monthly charge for various size lights used for public street lighting and public parks lighting, whether
City or privately-owned, shall be $0.35 per watt per year billed on a monthly basis for calendar year 2005, and shall
be $0.36 per watt per year billed on a monthly basis beginning calendar year 2006. Power Cost Adjustment is not
applicable to the Interdepartmental Streetlights Rate.
SECTION 9. Section 15-55, 15-57, 15-60, 15-63, 15-68, 15-70, 15-71, and 15-74
as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby
are, repealed.
ORDINANCE NO. 8946 (Cont.)
- 6 -
SECTION 10. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: December 21, 2004.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#8947 - Consideration of Amendments to Chapter 36 of the Grand
Island City Code
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
ORDINANCE NO. 8947
An ordinance to amend Chapter 36 of the Grand Island City Code; to amend
Section 36-22 pertaining to side yard requirements; to amend Section 36-23 to correct a
referenced city code section number; to amend Section 36-25 to allow window wells as a
permitted obstruction; to amend Section 36-60 pertaining to the Transitional Agriculture Zone; to
amend Section 36-61 pertaining to the Large Lot Residential Zone; to amend Section 36-68
pertaining to the General Business Zone; to amend Section 36-69 pertaining to Arterial
Commercial Overlay Zone; to amend Section 36-70 pertaining to Heavy Business Zone; to
amend Section 36-72 pertaining to Light Manufacturing Zone; to amend Section 36-73
pertaining to Heavy Manufacturing Zone; to amend Section 36-74 pertaining to Mixed Use
Manufacturing Zone; to amend Section 36-97 pertaining to the Schedule of Minimum Off-Street
Parking and Loading Requirements; to amend Section 36-99 pertaining to home occupations; to
amend Section 36-100 pertaining to fences; to delete Section 36-154 pertaining to building
permits; to amend Section 36-155 pertaining to occupancy certificates; to delete Section 36-156
pertaining to Certificates of Occupancy; to amend Section 36-157 pertaining to certificates of
occupancy for land; to delete Section 36-158 pertaining to nonconforming use certificates of
occupancy; to delete Section 36-160 pertaining to occupancy certificate fees; to repeal Sections
36-22, 36-23, 36-25, 36-60, 36-61, 36-68, 36-69, 36-70, 36-72, 36-73, 36-74, 36-97, 36-99, 36-
100, 36-154, 16-155, 36-156, 36-157, 36-158, and 36-160 as now existing, and any ordinance or
parts of ordinances in conflict herewith; and to provide for publication and the effective date of
this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
ORDINANCE NO. 8947 (Cont.)
- 2 -
SECTION 1. Section 36-22 of the Grand Island City Code is hereby amended to
read as follows:
§36-22. Yard Requirements
(A) Yard requirements shall be set forth under the Schedule of Lot, Yard, and Bulk Requirements for each
zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated
and shall be unobstructed from the ground level to the sky, except as herein permitted.
(B) All accessory buildings that are attached to principal buildings (e.g., attached garages) shall comply
with the yard requirements of the principal building, unless otherwise specified.
(C) Front Yard: There shall be a front yard setback as required herein, provided, that where fifty percent or
more of the frontage on one street in any block is built up with buildings, no new building setback shall be less than
either the required setback or the setback of any existing building which next exceeds the required setback,
whichever is greater. This regulation shall not require a setback of more than 50 feet.
(D) Side Yard: Any interior side yard may be reduced to zero; provided, that the opposite side yard meets
the required interior side yard setback. Where the zero side yard setback is used, the abutting property must be held
under the same ownership at the time of initial construction or the owners of the abutting property must be agreeable
to the zero setback. A separation of not less than ten (10) feet shall be provided between adjacent structures on
abutting sites where the zero side yard setback is utilized. This requirement shall not apply in an RD Zone or where
the same interior property line is utilized for zero side yard construction on both properties.
For the purpose of upkeep and repair of structures located on an interior property line, a four (4) foot
maintenance easement shall be recorded between the owner of the property containing said structure and the owner
of the property upon which entry must take place in order to perform maintenance activities. Such easement shall be
an irrevocable covenant and shall run with the land. Proof of said recorded easement shall be submitted to the
Building Department prior to issuance of a building permit.
SECTION 2. Section 36-23 of the Grand Island City Code is hereby amended to
read as follows:
§36-23. Through Lots
Through Lots shall follow the following criteria:
(A) Where a through lot abuts a major thoroughfare and access is made from the other frontage street and
access along said thoroughfare is restricted, the rear yard setback for fences and screening devices shall be zero feet.
The rear yard setback for accessory buildings shall follow the prescribed setback within the zoning district.
(B) Where a through lot is part of a triple frontage lot and abuts a major thoroughfare, the rear yard shall
meet the standards of §36-23(A), 4.10.01 (1), while the other two frontages shall be treated as a corner lot with a
front yard setback and a street side yard setback.
(C) Where a through lot occurs, other than along a major thoroughfare, the following shall apply:
(1) Where all principal structures in the development face the same frontage, then the rear yard
setback for fences and screening shall be zero feet and all accessory buildings shall meet the prescribed
setback within the zoning district. This shall apply similarly at triple frontage lots, provided the remaining
two frontages are treated like a typical corner lot.
(2) Where principal structures face different directions along both frontages, the rear yard setback
for fences and screening shall be the same as any prescribed rear yard setback within the zoning district.
This shall apply similarly at triple frontage lots, provided the remaining two frontages are treated like a
typical corner lot. All accessory buildings in this condition, shall comply with the minimum rear yard
setbacks rather than the reduced setback allowed for accessory buildings.
ORDINANCE NO. 8947 (Cont.)
- 3 -
SECTION 3. Section 36-25 of the Grand Island City Code is hereby amended to
read as follows:
§36-25. Permitted Obstructions in Required Yards
The following shall not be considered to be obstructions when located in the required yards:
(A) All Yards: Steps and accessibility ramps used for wheelchair and other assisting devices which are four (4) feet or less above grade which are necessary for access to a permitted building or for access to a lot from a street
or alley; chimneys and window wells projecting twenty-four (24) inches or less into the yard; approved freestanding
signs; arbors and trellises; flag poles; window unit air conditioners projecting not more than eighteen (18) inches
into the required yard; and fences or walls subject to applicable height restrictions are permitted in all yards. (B) Front Yards: Bay windows projecting three (3) feet or less into the yard are permitted.
Rear and Side Yards: Open off-street parking spaces or outside elements of central air conditioning systems.
(C) Building Groupings: For the purpose of the side yard regulation a group of business or industrial
buildings separated by a common party wall shall be considered as one (1) building occupying one (1) lot.
SECTION 4. Section 36-60 of the Grand Island City Code is hereby amended to
read as follows:
§36-60. (TA) Transitional Agriculture Zone
Intent: To provide for a transition from rural to urban uses, and is generally located on the fringe of the
urban area. This zoning district permits both farm and non-farm dwellings at a maximum density of two dwelling
units per acre, as well as other open space and recreational activities. The intent of the zoning district also would
allow the raising of livestock to a limit and within certain density requirements.
(A) Permitted Principal Uses. The following principal uses are permitted in the (TA) Transitional Agriculture
Zoning District.
(1) Dwelling units
(2) Raising of field crops, and horticulture
(3) Country clubs as defined in §36-8 of this chapter
(4) Recreational camps, public parks, and recreational areas
(5) Greenhouses and the raising of trees and nursery stock
(6) Utility substations necessary to the functioning of the utility (but not including general business offices,
maintenance facilities) when located according to the yard space rules set forth in this section for dwellings and
having a ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to
harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations.
(7) Railway right-of-way, but not including railway yards or facilities
(8) The raising of livestock up to 300 animals as defined in §Section 5-18 of the city code provided that the
owner has one-half (1/2) acre for each animal, and provided that the shelters, pens, enclosures for such animals
are located no closer than 300 feet to a neighboring residential structure. The acres used for calculating the
maximum number of animals must be capable of supporting pasture for grazing said animal.
(9) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to
conditions relating to the placement of said use on a specific tract of ground in the (TA) Transitional Agriculture
Zoning District.
(1) Cemeteries, memorial parks, crematories, mausoleums, and columbariums
(2) Commercial mines, quarries, sand and gravel pits and accessory uses
(3) Public and quasi-public buildings and uses of an administrative, educational, religious, cultural, or public
service facility, but not including hospitals, sanitoriums or corrective institutions
(4) Riding academies
(5) Recreational Vehicle Parks
(6) Preschools, nursery schools, day care centers, children's homes, and similar facilities
ORDINANCE NO. 8947 (Cont.)
- 4 -
(7) Towers
(8) Veterinary clinics and animal hospitals
(9) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessory Uses :
(1) Living quarters for persons regularly employed on the premises but not including labor camps or dwellings
for transient labor
(1) (2) Guest building
(2) (3) Customary home occupations
(3) (4) Buildings, corrals, stables or pens in conjunction with the permitted uses
(4) (5) Buildings for the display and sale of products grown or raised on the premises, provided, the floor area
does not exceed 500 square feet
(5) (6) Offices incidental to and necessary for a permitted use
(6) (7) Other buildings and uses accessory to the permitted principal uses
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum
Parcel
Area (acres)
Minimum
Lot Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Street
Side
Yard (feet)
Maximum
Ground
Coverage
Maximum
Building
Height (feet)
Permitted Uses 20 100 30 25 15 20 20% 35 1-
Conditional
Uses
20 100 30 25 15 20 20% -35 1
1 for structures intended for human occupancy, all others no restrictions.
(E) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein
(2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein
(3) The following requirements are allowed in specific situations within the jurisdiction of Grand Island:
(i) Any person or persons who:
(1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single family dwelling, providing
such sale has not been previously exercised on the large tract; and/or
(2) owns an existing ranch or farm dwelling that is ten years old or more may sell a tract containing such
dwelling;
(3) providing the following space limitations are complied with:
Setbacks
Min Lot
Area
(sq. ft.)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Max.
Building
Height
(feet)
20,000 100 30 25 15 25% 351 1 for structures intended for human occupancy, all others no restrictions.
SECTION 5. Section 36-61 of the Grand Island City Code is hereby amended to
read as follows:
§36-61. (LLR) Large Lot Residential Zone
Intent: To provide for a transition from rural to urban uses, and is generally located on the fringe of the
urban area. This zoning district permits residential dwellings at a maximum density of two dwelling units per acre,
as well as other open space and recreational activities.
(A) Permitted Principal Uses: The following principal uses are permitted in the (LLR) Large Lot Residential Zoning
District.
ORDINANCE NO. 8947 (Cont.)
- 5 -
(1) Dwelling units
(2) Raising of field crops and horticulture
(3) Country clubs as defined herein
(4) Public parks
(5) Utility substations necessary to the functioning of the utility (but not including general business offices,
maintenance facilities) when located according to the yard space rules set forth in this section for dwellings and
having a ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to
harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations.
(6) Railway right-of-way, but not including railway yards or facilities
(7) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
(8) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to
conditions relating to the placement of said use on a specific tract of ground in the (LLR) Large Lot Residential
Zoning District.
(1) Greenhouses and the raising of trees and nursery stock
(2) Cemeteries, memorial parks, crematories, mausoleums, and columbariums
(3) Commercial mines, quarries, sand and gravel pits and accessory uses
(4) Riding academies
(5) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(6) Towers
(7) Veterinary clinics and animal hospitals
(8) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessory Uses :
(1) Living quarters for persons regularly employed on the premises, but not including labor camps or dwellings
for transient labor
(1) (2) Guest building
(2) (3) Customary home occupations
(3) (4) Buildings for the display and sale of products grown or raised on the premises, provided, the floor area
does not exceed 500 square feet
(4) (5) Offices incidental to and necessary for a permitted use
(5) (6) Other buildings or uses accessory to the permitted principal uses
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum
Parcel
Area (feet)
Minimum
Lot Area
per Dwelling Unit
Minimum
Lot Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Street
Side
Yard (feet)
Maximum
Ground
Coverage
Maximum
Building
Height (feet)
Permitted Uses 20,000 20,000 100 30 25 15 20 25%20% 35-
Conditional
Uses
20,000 20,000 100 30 25 15 20 25%-20% 35-
(E) Miscellaneous Provisions
(1) Supplementary regulations shall be complied with as defined here in
(2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein
SECTION 6. Section 36-68 of the Grand Island City Code is hereby amended to
read as follows:
ORDINANCE NO. 8947 (Cont.)
- 6 -
§36-68. (B-2) General Business Zone
Intent: The intent of this zoning district is to provide for the service, retail and wholesale needs of the
general community. This zoning district will contain uses that have users and traffic from all areas of the community
and trade areas, and therefore will have close proximity to the major traffic corridors of the City. Residential uses
are permitted at the density of the (R-4) High Density Residential Zoning District.
(A) Permitted Principal Uses: The following principal uses are permitted in the (B-2) General Business Zoning
District.
(1) Stores and shops that conduct retail business, provided, all activities and display goods are carried on within
an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning Matrix
[Attachment A hereto]
(2) Office and office buildings for professional and personal service as found in the Zoning Matrix [Attachment
A hereto]
(3) Agencies as found in the Zoning Matrix [Attachment A hereto]
(4) Dwelling units
(5) Board and lodging houses, fraternity and sorority houses
(6) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
(7) Public parks and recreational areas
(8) Country clubs
(9) Public, parochial and private schools having a curriculum equivalent to an elementary or higher educational
level
(10) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other
related living structures when located on the same site as the college
(11) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
(12) Utility substations necessary to the functioning of the utility, but not including general business offices,
maintenance facilities and other general system facilities, when located according to the yard space rules set
forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of
such exterior design as to harmonize with nearby properties
(13) Public and quasi-public buildings for cultural use
(14) Railway right-of-way but not including railway yards or facilities
(15) Nonprofit community buildings and social welfare establishments
(16) Hospitals, nursing homes, convalescent or rest homes
(17) Radio and television stations (no antennae), private clubs and meeting halls
(18) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar
use
(19) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(20) Group Care Home with less than eight (8) individuals
(21) Elderly Home, Assisted Living
(22) Stores and shops for the conduct of wholesale business, including sale of used merchandise
(23) Outdoor sales and rental lots for new and used automobiles, boats, motor vehicles, trailers, manufactured
homes, farm and construction machinery, etc.
(24) Specific uses such as: archery range, billboards, drive-in theater, golf driving range, storage yard (no junk,
salvage or wrecking)
(25) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than
20% of the floor area is used
(26) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other
conditions relating to the placement of said use on a specific tract of ground in the (B-2) General Business Zoning
District as approved by City Council.
(1) Recycling business
(2) Towers
(3) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessory Uses :
(1) Building and uses accessory to the permitted principal use.
ORDINANCE NO. 8947 (Cont.)
- 7 -
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Parcel Area (feet)
Minimum Lot Width (feet)
Front Yard (feet)
Rear Yard (feet)
Side Yard (feet)
Street Side Yard
(feet)
Maximum Ground Coverage
Maximum Building Height (feet)
Permitted Uses 3,000 30 10 01 02 10 100% 55
Conditional
Uses
3,000 30 10 01 02 10 100% 55
1 No rear yard setback is required if unless bounded by an alley, otherwise then a setback of 10 feet is
required. 2 No side yard setback is required, but if provided, not less than five feet, or unless adjacent to a parcel
whose zone requires a side yard setback, then five feet. When adjacent to a public alley, the setback is
optional and may range from 0 feet to 5 feet.
(E) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein
(2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
SECTION 7. Section 36-69 of the Grand Island City Code is hereby amended to
read as follows:
§36-69. (AC) Arterial Commercial Overlay Zone
Intent: The intent of this zoning district is to provide an overlay of the (B-2) General Business Zoning
District in order to require increased front setbacks, landscaping, and the limitation of some uses within areas along
entrance corridors of the city. As the name implies, the overlay will be most commonly used along an arterial street
corridor.
(A) Permitted Principal Uses: The following principal uses are permitted in the (AC) Arterial Commercial Overlay
District
(1) Agencies as found in the Zoning Matrix [Attachment A hereto]
(2) Boarding and lodging houses, fraternity and sorority houses
(3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
(4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other
related living structures when located on the same site as the college
(5) Country clubs
(6) Dwelling units
(7) Elderly Home, Assisted Living
(8) Group Care Home with less than eight (8) individuals
(9) Hospitals, nursing homes, convalescent or rest homes
(10) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than
20% of the floor area is so used
(11) Nonprofit community buildings and social welfare establishments
(12) Office and office buildings for professional and personal service as found in the Zoning Matrix
[Attachment A hereto]
(13) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured
homes, farm and construction machinery, etc.
(14) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(15) Public parks and recreational areas
(16) Public, parochial and private schools having a curriculum equivalent to an elementary or higher
educational level
(17) Public and quasi-public buildings for cultural use
ORDINANCE NO. 8947 (Cont.)
- 8 -
(18) Radio and television stations (no antennae), private clubs and meeting halls
(19) Railway right-of-way but not including railway yards or facilities
(20) Specific uses such as: archery range, drive-in theatre, golf driving range
(21) Stores and shops that conduct retail business, provided, all activities and display goods are carried on
within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning
Matrix (Attachment A hereto)
(22) Stores and shops for the conduct of wholesale business, including sale of used merchandise.
(23) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
(24) Utility substations necessary to the functioning of the utility, but not including general business offices,
maintenance facilities and other general system facilities, when located according to the yard space rules set
forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of
such exterior design as to harmonize with nearby properties
(25) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar
uses
(26) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other
conditions relating to the placement of said use on a specific tract of ground in the (AC) Arterial Commercial
Overlay District as approved by City Council.
(1) Towers
(C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal uses
(2) Automotive body repair may be accessory to new or used automotive sales or rental, provided, no outside
storage of parts shall be permitted.
(D) Space Limitations:
Uses Minimum Setbacks A B C D E
Minimum
Parcel
Area (feet)
Minimum
Lot Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Street
Side
Yard
(feet)
Maximum
Ground
Coverage
Maximum
Building
Height (feet)
Permitted Uses 5,000 50 20 01 02 10 80% 55
Conditional
Uses
5,000 50 20 01 02 10 80% 55
1 No rear yard setback is required if unless bounded by an alley, otherwise then a setback of 10 feet is
required.
2. No side yard setback is required, but if provided, not less than 5 feet, or unless adjacent to a parcel whose
zone requires a side yard setback, then 5 feet.
(E) Procedure:
(1) An application for an amendment to the arterial commercial zone on the Official Zoning Map shall follow
all procedural requirements as set forth in this Section.
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein.
(2) Only one principal building shall be permitted on any one zoning lot except as otherwise provided herein.
(3) Landscaping shall be provided and maintained within the 20 foot front yard setback. Landscaping shall
mean lawn areas and may also include trees, shrubs, and flowers. Crushed or lava rock, gravel, bark chips, etc.
shall not substitute for lawn area.
(4) All improvements and uses shall be designed to direct primary vehicular and pedestrian traffic to arterial
street access and reduce such traffic on adjacent non-arterial streets and alleys.
SECTION 8. Section 36-70 of the Grand Island City Code is hereby amended to
read as follows:
ORDINANCE NO. 8947 (Cont.)
- 9 -
§36-70. (B-3) Heavy Business Zone
Intent: The intent of this zoning district is to provide for the multiple uses within the central business
district. Residential uses are permitted at the density of the (RO) Residential Office Zone.
(A) Permitted Principal Uses: The following principal uses are permitted in the (B-3) Heavy Business Zoning
District.
(1) Agencies as found in the Zoning Matrix [Attachment A hereto]
(2) Boarding and lodging houses, fraternity and sorority houses
(3) Churches, synagogues, chapels, and similar places of religious worship and instruction of a quiet nature
(4) Colleges offering courses of general instruction, including convents, monasteries, dormitories, and other
related living structures when located on the same site as the college
(5) Country clubs
(6) Dwelling units
(7) Elderly Home, Assisted Living
(8) Group Care Home with less than eight (8) individuals
(9) Hospitals, nursing homes, convalescent or rest homes
(10) Hotel and motel uses
(11) Mortuaries, funeral homes, and funeral chapels
(12) Nonprofit community buildings and social welfare establishments
(13) Office and office buildings for professional and personal services as found in the Zoning Matrix
[Attachment A hereto]
(14) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(15) Public parks and recreational areas
(16) Public, parochial and private schools having a curriculum equivalent to an elementary or higher
educational level
(17) Public and quasi-public buildings for cultural use
(18) Radio and television stations (no antennae), private clubs and meeting halls
(19) Railway right-of-way but not including railway yards or facilities
(20) Retail activities of a prescriptive service provided it is limited to being secondary to said use. Retail space
is limited to 25% of the total floor area
(21) Stores and shops that conduct retail business, provided, all activities and display goods are carried on
within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning
Matrix [Attachment A hereto]
(22) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
(23) Utility substations necessary to the functioning of the utility, but not including general business offices,
maintenance facilities and other general system facilities, when located according to the yard space rules set
forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of
such exterior design as to harmonize with nearby properties
(24) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar
uses
(25) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other
conditions relating to the placement of said use on a specific tract of ground in the (B-3) Heavy Business Zoning
District as approved by City Council.
(1) Manufacture, fabrication or assembly uses incidental to wholesale or retail sales wherein not more than 20%
of the floor area is so used
(2) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured
homes, farm and construction machinery
(3) Stores and shops for the conduct of wholesale business, including sale of used merchandise.
(4) Towers
(5) Other uses as indicated in the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessory Uses :
(1) Buildings and uses accessory to the permitted principal use.
ORDINANCE NO. 8947 (Cont.)
- 10 -
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Parcel Area (feet)
Minimum Lot Width (feet)
Front Yard (feet)
Rear Yard (feet)
Side Yard (feet)
Street Side Yard
(feet)
Maximum Ground Coverage
Maximum Building Height (feet)
Permitted Uses 3,000 30 10 01 02 10 100%
Conditional
Uses
3,000 30 10 01 02 10 100%
1 No rear yard setback is required if unless bounded by an alley, otherwise then a setback of 10 feet is
required. 2. No side yard setback is required, but if provided, not less than five feet or unless adjacent to a parcel whose
zone requires a side yard setback, then five feet. When adjacent to a public alley, the setback is optional
and may range from 0 feet to 5 feet.
(E) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein.
(2) Only one principal building shall be permitted on one zoning lot except as otherwise provided
SECTION 9. Section 36-72 of the Grand Island City Code is hereby amended to
read as follows:
§36-72. (M-1) Light Manufacturing Zone
Intent: The intent of this zoning district is to provide for light fabrication, service, warehousing,
administrative and research uses within a zoning district having generally limited public contact and requiring some
minimal landscaping standards.
(A) Permitted Principal Uses: The following principal uses are permitted in the (M-1) Light Manufacturing Zoning
District.
(1) Administrative, executive, professional, research and similar office use having limited contact with the
public
(2) Agriculture, including the raising of field crops, tree and bush crops, animals and fowls, but not including
feed lots, poultry farms, fur farms, and commercial kennels
(3) Buildings and installations for public utilities; facilities shall observe yard space requirements but shall not
be subject to minimum area or width requirements
(4) Railway right-of-way, but not including railway yards or facilities
(5) Radio and television stations, private clubs, and meeting halls
(6) Manufacture, processing, assembly, fabrication or storage of non-hazardous products and materials
(7) Other uses found in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other
conditions relating to the placement of said use on a specific tract of ground in the (M-1) Light Manufacturing
Zoning District as approved by City Council.
(1) Gravel, sand, or dirt removal, stockpiling, processing or distribution, and batching plant
(2) Concrete or cement products manufacturing and batching plant.
(3) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
(4) Contractor's storage yard or plant
(5) Motels and hotels
(6) Towers
(C) Permitted Accessory Uses :
(1) Sales of new merchandise when same is manufactured, processed, assembled, fabricated or stored on the
premises
(2) Buildings and uses accessory to the permitted principal use
(D) Specifically Excluded Uses:
(1) Any residential use
ORDINANCE NO. 8947 (Cont.)
- 11 -
(2) Manufactured homes and manufactured home parks
(3) Churches, schools, institutions and other public and semi -public uses except for trade and vocational schools
(E) Space Limitations:
Uses Minimum Setbacks
A B C D E Minimum
Parcel
Area (feet)
Minimum
Lot Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Street
Side
Yard
(feet)
Maximum
Ground
Coverage
Maximum
Building
Height (feet)
Permitted Uses 20,000 100 351 20 10 10 35 50% 50
Conditional
Uses
20,000 100 351 20 10 10 35 50% 50
1with 15 feet adjacent to a street landscaped to satisfaction of the zoning official.
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein
(2) Landscaping shall be provided and maintained by the owner or developer within the 15 feet adjacent to a
street; landscaping shall include but is not limited to, screen planting, lawn area, trees, shrubs, fences and walls;
all landscaping shall be planned and maintained to the satisfaction of the zoning official.
(3) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
SECTION 10. Section 36-73 of the Grand Island City Code is hereby amended to
read as follows:
§36-73. (M-2) Heavy Manufacturing Zone
Intent: The intent of this zoning district is to provide for the greatest amount of manufacturing,
warehousing, wholesaling and business uses. Conditional use permits are required for those uses with more
significant health and safety concerns.
(A) Permitted Principal Uses:
(1) Administrative, executive, professional, research and similar office use having limited contact with the
public
(2) Agencies as found in the Zoning Matrix [Attachment A hereto]
(3) Agriculture, including the raising of field crops, tree and bush crops, animals and fowl, but not including
feed lots, poultry farms, and fur farms
(4) Concrete or cement products manufacturing and batching plant
(5) Contractors storage yard or plant
(6) Gravel, sand or dirt removal, stockpiling, processing or distribution, and batching plant
(7) Manufacture, processing, assembly, fabrication and/or storage of non-hazardous products and materials
(8) Mortuaries, funeral homes, and funeral chapels
(9) Office and office buildings for professional and personal services as found in the Zoning Matrix
[Attachment A hereto]
(10) Outdoor sales and rental lots for new or used automobiles, boats, motor vehicles, trailers, manufactured
homes, farm and construction machinery
(11) Radio and television stations, private clubs and meeting halls
(12) Railway right-of-way, including yards and facilities
(13) Stores and shops that conduct retail business, provided, all activities and display goods are carried on
within an enclosed building except that green plants and shrubs may be displayed in the open, as per the Zoning
Matrix [Attachment A hereto]
(14) Stores and shops for the conduct of wholesale business, including sale of used merchandise
(15) Truck, bush and tree farming, provided, there is no display or sale at retail of such products on the premises
(16) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
(17) Utility substations necessary to the functioning of the utility, but not including general business offices,
maintenance facilities and other general system facilities, when located according to the yard space rules set
ORDINANCE NO. 8947 (Cont.)
- 12 -
forth in this section for dwellings and having a landscaped or masonry barrier on all sides. Buildings shall be of
such exterior design as to harmonize with nearby properties
(18) Vocational or trade schools, business colleges, art and music schools and conservatories, and other similar
uses
(19) Other uses found in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other
conditions relating to the placement of said use on a specific tract of ground in the (M-2) Heavy Manufacturing
Zoning District as approved by City Council.
(1) Automobile wrecking yard
(2) Acid or acid by-products manufacture
(3) Ammonia bleaching powder, chlorine, perozylin or celluloid manufacture
(4) Explosives manufacture or storage
(5) Garbage, refuse, offal or dead animal reduction or disposal area
(6) Glue manufacture, fat rendering, distillation of bones or by-products
(7) Meat packing plants, including poultry and animal slaughterhouses and abattoirs
(8) Milling or smelting of ores
(9) (8) Petroleum refining
(10) (9) Motels and hotels
(11) (10) Petroleum refining
(12) (11) Stock or feed yards
(13) (12) Salvage yard
(14) (13) Tanning, curing, or storage of hides or skins
(15) (14) Towers
(C) Permitted Accessory Uses :
(1) Buildings and uses accessory to the permitted principal uses
(D) Specifically Excluded Uses:
(1) Any residential use
(2) Manufactured homes, and manufactured home parks
(3) Churches, schools, institutions and other public and semi -public uses except for trade and vocational schools
(E) Space Limitations:
Uses Minimum Setbacks A B C D E
Minimum
Parcel
Area (feet)
Minimum
Lot Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Street
Side
Yard
(feet)
Maximum
Ground
Coverage
Maximum
Building
Height (feet)
Permitted Uses 6,000 50 10 - -01 -02 10 35 65% -
Conditional
Uses
6,000 50 10 - -01 -02 10 35 65% -
1 None wWhen bounded by an alley, otherwise 10 feet 2 No required Side Yard Setback, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a side yard setback, then 5 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5 feet.
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein
(2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
SECTION 11. Section 36-74 of the Grand Island City Code is hereby amended to
read as follows:
§36-74. (M-3) Mixed Use Manufacturing Zone
Intent: To provide for a mix of light manufacturing, warehousing, wholesaling, retail, and residential uses.
This zoning district is reflective of the mix of uses historically present along the Union Pacific Railroad tracks
through the central city.
ORDINANCE NO. 8947 (Cont.)
- 13 -
(A) Permitted Principal Uses:
(1) Churches
(2) Residential dwellings at the same density as the (R-4) High Density Residential Zoning District
(3) Truck terminal, tractor, trailer, or truck storage, including maintenance facilities
(4) Animal hospital and veterinary clinic
(5) Arena or athletic field or track
(6) Automobile body repair
(7) Automobile service station
(8) Bakery
(9) Bottling plant
(10) Blueprinting
(11) Brewery or distillery
(12) Café or restaurant
(13) Cannery
(14) Carpenter or woodworking shop
(15) Carpet cleaning
(16) Casting of lightweight or nonferrous metals
(17) Crating and hauling depot
(18) Dairy products distribution
(19) Dry cleaning and laundry plant
(20) Feed and seed processing and storage
(21) Furniture repair and warehousing
(22) Garage
(23) Laboratories
(24) Lapidary
(25) Printer
(26) Publisher or lithographer
(27) Sign painting or manufacture
(28) Stone and monument works
(29) Storage yards or buildings for lumber, gas, oil and similar materials; but not explosives, vitreous ware,
pottery and porcelain manufacture
(30) Warehouse
(31) Manufacture, processing, assembly, fabrication or storage of products and materials similar to the above
(32) Railway right-of-way, including yards and facilities
(33) Other uses as permitted in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses may be permitted, if approved by the city council, in accordance with
procedures set forth in Article VI of this chapter.
(1) Salvage yards except those dealing primarily with hazardous or regulated waste
(2) Towers
(C) Permitted Accessory Uses :
(1) Buildings and uses accessory to the permitted principal uses
(D) Specifically Excluded Uses:
(1) Manufactured home parks
ORDINANCE NO. 8947 (Cont.)
- 14 -
(E) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum Parcel Area (feet)
Minimum Lot Width (feet)
Front Yard (feet)
Rear Yard (feet)
Side Yard (feet)
Street Side Yard
(feet)
Maximum Ground Coverage
Maximum Building Height (feet)
Permitted Uses 6,000 50 10 1- 021 032 10 35 65% -
Conditional
Uses
6,000 50 10 1- 021 032 10 35 65% -
1 Shall be zero feet when located in Central Business District and Fourth Street Business District 12 None when bounded by an alley, otherwise 10 feet
23 No required Side Yard Setback, but if provided, not less than 5 feet or unless adjacent to a parcel whose zone requires a
side yard setback, then 5 feet. When adjacent to a public alley, the setback is optional and may range from 0 feet to 5
feet.
(F) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein
(2) Only one (1) principal building shall be permitted on each zoning lot except as otherwise provided herein.
SECTION 12. Section 36-97 of the Grand Island City Code is hereby amended to
read as follows:
§36-97. Schedule of Minimum Off-Street Parking and Loading Requirements
Uses Parking Requirements Loading Requirements
Adult entertainment establishments One (1) space per 2 persons of licensed capacity None required
Bowling Alleys Four (4) spaces per alley One (1) space per establishment
Churches, Synagogues, and Temples One (1) space per 4 seats in main worship area None required
Clubs, including fraternal organizations One (1) space per 500 s.f. of net floor area None required
College/University One (1) spaces per every two (2) students of occupancy
plus one (1) per employee.
Two (2) spaces per structure
Commercial Uses
Agricultural Sales / Service One (1) space per 500 s.f. of net floor area One (1) per establishment
Automotive Rental / Sales One (1) space per 500 s.f. of net floor area One (1) per establishment Automotive Servicing Three (3) spaces per repair stall None required Bars, Taverns, Nightclubs Parking equal to 30% of licensed capacity Two (2) spaces per establishment Body Repair Four (4) spaces per repair stall None required
Equipment Rental / Sales One (1) space per 500 s.f. of net floor area One (1) Space
Campground One (1) space per camping unit None required
Commercial Recreation One (1) space per 4 persons of licensed capacity One (1) per establishment
Communication Services One (1) space per 500 s.f. of net floor area One (1) per establishment
Construction Sales / Service One (1) space per 500 s.f. of net floor area One (1) per establishment
Food Sales (limited) One (1) space per 300 s.f. of net floor area One (1) per establishment
Food Sales (general) One (1) space per 200 s.f. of net floor area Two (2) per establishment
General Retail Sales establishments One (1) space per 200 s.f. of net floor area One (1) per establishment
Laundry Services One (1) space per 200 s.f. of net floor area None required
Restaurants w/ drive -thru One (1) space per 150 s.f. of net floor area One (1) per establishment
Restaurants (General) Parking equal to 40% of seating licensed capacity Two (2) spaces per establishment
Convalescent and Nursing Home
Services
One (1) space per 3 beds plus 1 per employee on the largest shift Two (2) space per structure
Day Care One (1) space per employee plus 1 space or loading stall per each 10 persons of licensed capacity None required
Educational Uses, Primary facilities Two (2) spaces per classroom Two (2) spaces per structure
Educational Uses, Secondary facilities Eight (8) spaces per classroom plus 1 space per
employee on largest shift
Two (2) spaces per structure
Funeral Homes and Chapels Eight (8) spaces per reposing room Two (2) spaces per establishment
Group Care Facility One (1) space per 4 persons of licensed capacity Two (2) space per structure
Group Home One (1) space per 4 persons of licensed capacity Two (2) space per structure
Guidance Services One (1) space per 300 s.f. of net floor area None required
Hospitals One and one-half (1 1/2) spaces per 2 licensed beds; Three (3) spaces per structure
ORDINANCE NO. 8947 (Cont.)
- 15 -
plus, .75 times the maximum number of employees
during the largest shift.
Hotels and Motels One (1) space per rental unit One (1) space per establishment
Housing (Congregate)
Assisted-living facilities One (1) space per dwelling unit plus 1 space per
employee on the largest shift
One (1) per structure
Duplex Two (2) spaces per dwelling unit None required
Multi-family / Apartments One (1) space per sleeping unit – spaces to be sited in
the general proximity of where the sleeping units are
located, plus, one (1) additional space per apartment (for
1- and 2-sleeping units), and 1 ½ spaces per apartment
(for 3-sleeping units) to accommodate guest parking.
None required
Industrial Uses .75 times the maximum number of employees during the largest shift Two (2) spaces per establishment
Libraries One (1) space 500 s.f. of net floor area One (1) per structure
Boarding Houses / Bed and Breakfasts One (1) space per rental units None required
Medical Clinics Five (5) spaces per staff doctor, dentist, chiropractor None required
Manufactured Home Park Two (2) per dwelling unit None required
Offices and Office Buildings One (1) space per 200 s.f. of net floor area None required
Residential (Single-family, attached and
detached)
Two (2) spaces per dwelling unit with 1 required to be
enclosed
None required
Roadside stands Four (4) spaces per establishment None required
Service Oriented Establishments One (1) space per 200 s.f. of net floor area One (1) per establishment
Theaters, Auditoriums, and Places of Assembly
One (1) space per 4 persons of licensed capacity One (1) space per establishment
Veterinary Establishments Three (3) spaces per staff doctor None required
Wholesaling / Distribution Operations One (1) space per 2 employees on the largest shift Two (2) spaces per establishment
SECTION 13. Section 36-99 of the Grand Island City Code is hereby amended to
read as follows:
§36-99. Home Occupations
The following are the minimum standards required for a Home Occupation:
(A) There shall be no external or externally visible evidence of the home occupation, business or profession
whatsoever. There shall be no signage or advertising, linking the residential property with the home occupation.
Advertising displays and advertising devices displayed through a window of the building shall not be permitted
(B) No more than 25% of the floor area of any one story can be used for the home occupation
(C) There shall be no machinery other than that normally found in a home
(D) There shall be no contact at the premises with customers or clients other than by telephone or mail, except that
music lessons may be given to one pupil at a time, and cultural, art, or dance instruction may be given to four pupils
at one time
(E) No one other than the resident(s) can work from that site
(F) No retail sales are permitted from the site other than incidental sales related to services provided
(G) No exterior storage (including storage within detached buildings/garage) is permitted
(H) No offensive noise, vibration, smoke, odor, heat or glare shall be noticeable at or beyond the property line
(I) The above listed characteristics of a home occupation shall not be construed to restrict the sale of garden produce
grown on the premises, provided, this exception shall not extend to allow the operation of a commercial greenhouse
or nursery, or the existence of stands or booths for display of said produce
All businesses related to Child Care Homes and Child Care Centers shall be in accordance with Neb. R.R.S. 1943,
Sec. §71-1902.
ORDINANCE NO. 8947 (Cont.)
- 16 -
SECTION 14. Section 36-100 of the Grand Island City Code is hereby amended
to read as follows:
§36-100. Fences and Hedges; Corner Visibility
(A) There shall be no fences, hedges, or other continuous foliage higher than 36 inches above roadway surface
except that trees of a greater height may be permitted if all foliage is re moved to a height of five feet above the base
of such tree within the sight triangle.
(B)Fences and Hedges; Other Visibility. On portions of a lot not covered by the corner visibility restriction, the
height of fences, hedges, and foliage, continuous five feet or more, shall be limited in the following manner:
(1) Maximum front yard fence height of thirty-six (36) inches for solid/opaque fences (including picket,
palisade, fabric weave chain link, "good neighbor", solid planking fencing styles).
(2) Maximum front yard fence height of forty-eight (48) inches for open transparent fences (including chain
link, split rail, or wrought iron, where spacing/thickness of fence construction materials allows for an essentially
unobstructed view.
(3) Maximum front yard hedge/foliage height of thirty-six (36) inches.
(4) On all other portions of lot lines, fences, hedges and other foliage, barriers may not exceed a height of
ninety-six (96) inches.
(C) Fences and Hedges; Height. Fences, hedges, and other continuous foliage erected within the building portions
of a zoning lot may conform with the height limits of such buildings but shall be subject to any building code
provisions which may be applicable for buildings.
(D) Fences and Hedges; Measurement. Height of fences, hedges or other continuous foliage shall be measured
from the nearest top of roadway surface or the official established grade thereof, whichever is the higher.
(E) Fences and Hedges; Exceptions. The city council may direct as a condition for granting a conditional use that
fences, hedges, or other continuous foliage of a height and location in excess of these regulations be placed;
provided, that no such approval shall have the effect of reducing corner visibility as provided for herein.
SECTION 15. Section 36-154 of the Grand Island City Code is hereby deleted:
§36-154. Building Permits
The following shall apply to all new construction and all applicable renovations and remodels within Grand
Island’s Zoning Jurisdiction:
(A) It shall be unlawful to commence the excavation for the construction of any building, or any accessory
buildings, or to commence the moving or alteration of any buildings, including accessory buildings, until the
Building Department has issued a building permit for such work.
(B) Issuance of a building permit. In applying to the Building Department for a building permit, the
applicant shall submit a dimensioned sketch or a scale plan indicating the shape, size and height and location of all
buildings to be erected, altered or moved and of any building already on the lot. He shall also state the existing and
intended use of all such buildings, and supply such other information as may be required by the Building
Department for determining whether the provisions of this chapter are being observed. If the proposed excavation or
construction as set forth in the application are in conformity with the provisions of this code, the Building
Department shall issue a building permit for such excavation or construction. If a building permit is refused, the
Building Department shall state such refusal in writing, with the cause, and shall immediately thereupon mail notice
of such refusal to the applicant at the address indicated upon the application. The Building Department shall grant
or deny the permit within a reasonable time from the date the application is submitted. The issuance of a permit
shall, in no case, be construed as waiving any provisions of this chapter. A building or zoning permit shall become
void twelve (12) months from the date of issuance unless substantial progress has been made by that date on the
project described therein.
ORDINANCE NO. 8947 (Cont.)
- 17 -
SECTION 16. Section 36-155 of the Grand Island City Code is hereby amended
to read as follows:
§36-155. Certificate of Occupancy; General
No vacant land shall be occupied and used and no building hereafter erected or structurally altered shall be
occupied or used until a certificate of occupancy has been issued by the chief building official.
SECTION 17. Section 36-156 of the Grand Island City Code is hereby deleted:
§36-156. Certificate of Occupancy; Building
Certificate of occupancy of a new building or the structural alteration of any existing building shall be
applied for coincident with application for a building permit and shall be issued within ten days after the erection or
alteration of such building shall have been completed in conformity with the provisions of this Code. No permit for
excavation for any building shall be issued before application has been made for a certificate of occupancy.
SECTION 18. Section 36-157 of the Grand Island City Code is hereby amended
to read as follows:
§36-157. Certificate of Occupancy; Land
Certificate of occupancy for the use of vacant land or the change in the use of land shall be applied for
before any such land shall be occupied or used and a certificate of occupancy shall be issued within ten days after
the application has been made, provided, such use is in conformity with the provisions of this Code.
SECTION 19. Section 36-158 of the Grand Island City Code is hereby deleted:
§36-158. Certificate of Occupancy; Nonconforming Use
Certificate of occupancy for a nonconforming use existing as of August 1, 2004, shall be issued by the
chief building official and the certificate shall state that the use is a nonconforming use and does not conform with
the provisions of this Code. The chief building official shall notify the owner or owners of property being used as a
nonconforming use and said owner or owners shall, within thirty days after receipt of such notice, apply to the office
of the chief building official for a certificate of occupancy.
SECTION 20. Section 36-160 of the Grand Island City Code is hereby deleted:
§36-160. Certificate of Occupancy; Fee
No fee shall be charged for an original certificate applied for coincident with the application for a building
permit; for all other certificates or for copies of the original certificate there shall be a fee of one dollar ($1.00)
charged for each.
SECTION 21. Sections 36-22, 36-23, 36-25, 36-60, 36-61, 36-68, 36-69, 36-70,
36-72, 36-73, 36-74, 36-97, 36-99, 36-100, 36-154, 16-155, 36-156, 36-157, 36-158, and 36-160
ORDINANCE NO. 8947 (Cont.)
- 18 -
as now existing, and any ordinances or parts of ordinances in conflict herewith be, and hereby
are, repealed.
SECTION 22. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: December 21, 2004.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Receipt of Official Document - Tort Claim filed by Todd and
Jeannine Elsbernd
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: December 21, 2004
Subject: Receipt of Official Document – Tort Claim filed by Todd
and Jeannine Elsbernd
Item #’s: G-1
Presenter(s): RaNae Edwards, City Clerk
Background
The City of Grand Island has received a Tort Claim on December 9, 2004 from Todd and
Jeannine Elsbernd, 538 Hermitage Court alleging certain claims which took place on or
about August 4, 2003 in connection with a private septic system inspection. A copy of
this claim is attached to comply with the Nebraska Political Subdivision Tort Claims Act.
Discussion
This is not an item for council action other than to simply acknowledge that the claim has
been received.
Recommendation
City Administration recommends that the Council take no action other than acknowledge
receipt of the claim.
Sample Motion
Motion to acknowledge the filing of a Tort Claim by Todd and Jeannine Elsbernd.
Item G2
Approving Minutes of December 7, 2004 City Council Regular
Meeting
The Minutes of December 7, 2004 City Council Regular Meeting are submitted for approval.
See attached MINUTES.
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
December 7, 2004
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 December 7, 2004. Notice of the meeting was given in the Grand Island Independent
on December 1, 2004.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Counc ilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Hornady, Walker, and Haase. 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 Doug Walker.
INVOCATION was given by Father Fran Curran, Blessed Sacrament Catholic Church, 518 West
State Street followed by the PLEDGE OF ALLEGIANCE.
CITY COUNCIL REORGANIZATION:
Approving Minutes of November 23, 2004 City Council Regular Meeting. Motion by Hornady,
second by Pielstick, carried unanimously to approve.
Acceptance of Election certificate for the November 2, 2004 General Election. City Clerk RaNae
Edwards reported that State law required the governing body to formally accept the certificate of
election issued by the Hall County Election Commissioner for the November 2, 2004 City
Council election. Motion by Gilbert, second by Hornady, carried unanimously to approve.
Administration of Oath to Elected Councilmembers. City Clerk RaNae Edwards administered the
Oath of Office to Councilmembers Scott Walker – Ward 1, Margaret Hornady – Ward 2, Fred
Whitesides – Ward 3, Jackie Pielstick – Ward 4, and Joyce Haase – Ward 5. Each newly elected
Councilmember thanked family and voters in their districts.
Election of City Council President. City Clerk RaNae Edwards reported that the City Council
was required to elect one Councilmember to the office of Council President for a term of one
year and that the Council President automatically assumed the duties of the Mayor in the event
that the Mayor was absent or otherwise unable to fulfill his duties. Councilmember Gilbert
nominated Councilmember Hornady. Councilmember Pielstick nominated Councilmember
Whitesides. Councilmember Haase nominated Councilmember Piclstick. There being no further
nominations City Clerk RaNae Edwards called for the first ballot. It was reported that
Councilmember Hornady had received 6 votes, Councilmember Whitesides had received 2 votes,
and Councilmember Pielstick had received 2 votes. Mayor Vavricek declared Councilmember
Hornady the new Council President for 2005.
Page 2, City Council Regular Meeting, December 7, 2004
Motion was made by Whitesides, second by Pielstick carried unanimously to make the vote a
unanimous one for Councilmember Hornady as City Council President. Councilmember
Hornady abstained.
CONSENT AGENDA: Item G-8 was pulled from the Consent Agenda. Motion by Hornady,
second by Walker to approve the Consent Agenda excluding Item G-8. Upon roll call vote, all
voted aye. Motion adopted.
Approving Pawnbroker’s Application and Official Bond for Stewart’s Loan and Pawn Shop, 803
West 4th Street.
Approving the Appointments of Chad Johnson, Pat Bittner, Bruce Kleint, Shawn Messersmith to
the Electrical Board and Dean Mathis and Craig Lewis as Ex-Officio Members.
Approving Appointments of Doug Hough, Eric Rose, and Ryan King to the Plumbers Examining
Board and David Scoggins as Ex-Officio Member.
Approving Appointments of Norm Nietfeldt, Mike McElroy, and Loren Peterson to the Gas
Fitters & Appliance Board and David Scoggins and Craig Lewis as Ex-Officio Members.
#2004-308 – Approving Change Order #1 to the Contract for Street Improvement District No.
1252 with J.I.L. Asphalt Paving Company of Grand Island, Nebraska for an Increase of $595.09
and a Revised Contract Amount of $34,812.34.
#2004-309 – Approving Certificate of Final Completion for Street Improvement District No.
1250 with J.I.L. Asphalt Paving Company of Grand Island, Nebraska.
#2004-310 – Approving Certificate of Final Completion for Street Improvement District No.
1252 with J.I.L. Asphalt Paving Company of Grand Island, Nebraska.
#2004-312 – Approving State Bid Award for Six (6) 2005 Ford Crown Victoria Police Vehicles
from Anderson Ford of Lincoln, Nebraska in an Amount of $132,360.00.
#2004-313 – Approving Interlocal Agreement for Library Services with Hall County.
#2004-314 – Approving State Bid Award for One (1) 2005 Chevy Impala for the Public Works
Department from Husker Auto Group of Lincoln, Nebraska in an Amount of $15,579.00.
#2004-311 – Approving Continuation of Street Improvement District 1255, Independence
Avenue, Shanna Street and Lariat Lane. Steve Reihle, Public Works Director reported that Street
Improvement District No. 1255 was created by Council on October 26, 2004 and the protest
period ended November 22, 2004 with less than 50% protests filed.
Scott Jones, 4180 Arizona Avenue and Ray Harmon, 1222 Plantation Place representing Third
City Christian Church spoke in opposition to paving Shanna Street.
Page 3, City Council Regular Meeting, December 7, 2004
Discussion was held by Council with regards to paving Shanna Street. Council reviewed the area
to be paved.
Motion was made by Hornady, second by Pielstick to approve Resolution #2004-311. Upon roll
call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase to approve the Claims for the period of November 14,
2004 through December 7, 2004, for a total amount of $4,698,249.18. Motion adopted
unanimously. Councilmember Pielstick abstained from Claim #86110.
ADJOURNMENT: The meeting was adjourned at 7:55 p.m.
RaNae Edwards
City Clerk
Item G3
Approving Minutes of December 14, 2004 City Council Study
Session
The Minutes of December 14, 2004 City Council Study Session are submitted for approval.
See attached MINUTES.
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
December 14, 2004
Pursuant to due call and notice thereof, a Study Session 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
December 14, 2004. Notice of the meeting was given in the Grand Island Independent on
December 8, 2004.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Hornady, Walker, and Haase. The following City Officials were present: City Administrator
Gary Greer, City Clerk RaNae Edwards, Finance Director David Springer, and City Attorney
Doug Walker
Mayor Communication: Mayor Vavricek commented on the following:
· Leadership Tomorrow Classes at City Hall this week
· Heartland Event Center Ground Breaking
· Acknowledging and thanking Skagway, Ron’s Music, and City Singer’s for donations to
the Mayor’s Christmas Tree Lighting
· International Visitors Council
· Well wishes and thanks for mattress sets from Slumberland to Crisis Center and Hope
Harbor
· Christmas Cheer Campaign sponsored by the Grand Island Independent
· Mentioned the resignation of Bishop McNamara and welcomed new Bishop Dendinger
· Update of Police Sgt. Steve Rathman concerning accident
Discussion Concerning Boards and Committees: City Administrator Gary Greer reported that
each year the City Council should review the various Boards and Committees for the following
year. The following would be included in this review:
· Determine if any appointments needed to be made
· Review the effectiveness of the Boards and Committees
· Determine if new boards needed to be created
· Determine if current boards were no longer needed or beneficial
· Review any changes in Boards that may be necessary
· Make any suggestions to create stronger and more effective Boards and Committees
· Are Council liaisons needed on various Boards and Committees
City Clerk RaNae Edwards gave a demonstration of the on-line summary and explained the
computerized management system.
Page 2, City Council Study Session, December 14, 2004
Councilmember Walker questioned which boards were required by law. City Administrator Gary
Greer stated that some were required by Ordinance or City Code. Mayor Vavricek mentioned
that most of these boards were created by other Mayor’s and/or City Administrator’s.
Councilmember Pielstick stated she felt that there should be a representative on the Animal
Advisory Board. Also mentioned was that the Senior Citizen Board should be sanctioned by the
City. Discussion was held with regards to the times these boards met and the number of
representatives on each board.
Several Councilmember’s commented on boards they represent that have not met this year.
Discussion was held with regards to Councilmember’s representing boards that the City funds
such as the Humane Society which there currently is no Council representative. Councilmember
Cornelius recommended that the Multi-Culture Coalition and the Human Rights Commission
should work together toward the goals of diversity within the City.
Liaisons versus voting members were discussed. Councilmember Pielstick explained a liaison
should attend the meetings and report back to the City Council if requested. Council requested
that they be notified when these meetings meet. Discussion was held with regards to posting
minutes and agenda’s on the web-site.
Mayor Vavricek commented on the requirements for these boards including attendance. It was
the consensus of the Council that attendance should be a requirement for each board.
Cindy Johnson, President of the Chamber of Commerce explained Business Improvement
District’s No. 3, 4, & 5 and the Community Redevelopment Authority (CRA). Currently the
Chamber of Commerce has a contract to manage these districts and the CRA. Ms. Johnson
explained the effectiveness of each of these boards. Discussion was held with regards to the
appointments and budgets of these boards which are approved by Council.
K. C. Hehnke representing BID #5 commented on the importance of the Council liaisons.
Mentioned were the benefits of having the Chamber of Commerce managing these districts
instead of the City in which personnel costs were a big item being paid to the City when the City
managed these districts.
Discussion was held with regards to the CRA designations of blight and substandard areas within
Grand Island.
Lee Elliott representing CRA spoke with regards to the transition between the City and the
Chamber of Commerce with regards to management. Mr. Elliott and Ms. Johnson stated there
was no change in the day-to-day business.
Clay Leeper, 313 West 3rd Street spoke in support to the BID District’s, Boards and management
changes which took place within the last year. Mike Toukan, 1808 South Locust Street thanked
the Council for their support in the BID District’s and commented on the improvements that had
been made over the last few years. Tom O’Neill, 804 West Stolley Park Road recommended that
members of these boards should be trained for these positions.
Page 3, City Council Study Session, December 14, 2004
City Attorney Doug Walker explained conflict of interest issues for members of boards and how
members should deal with those issues. Ms. Johnson commented on the CRA board and how
they handled conflict of interest issues.
Councilmember Haase commented that she had no problem with the BID’s being under the
Chamber of Commerce, but that the CRA should be under the City direction because it was tax
payer’s money supporting that board.
Councilmember Nickerson recommended that Council create a Government Efficiency
Committee which should include the County.
ADJOURNMENT: The meeting was adjourned at 9:05 p.m.
RaNae Edwards
City Clerk
Item G4
Approving Councilmember Appointments to Boards and
Commissions
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item G5
Approving Appointments to the Firefighters Pension Board
The Mayor has submitted the appointments of Todd Morgan, Tom Cox, and Scott Kuehl to
the Firefighters Pension Committee. These committee members have been elected by their
peers and require City Council approval. The appointments will become effective January 1,
2005, upon council approval, and will expire January 1, 2009. Approval is recommended.
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Item G6
Approving Appointments to the Police Pension Board
The Mayor has submitted the appointments of Sgt. Clyde Church, Sgt. Kerry Cole, Officer
Mark Dreher, and Officer Kelly Mossman to the Police Pension Committee. These committee
members have been elected by their peers and require City Council approval. The
appointments will become effective January 1, 2005, upon council approval, and will expire
January 1, 2009. Approval is recommended.
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: David Springer
City of Grand Island City Council
Item G7
Approving Request of Ruff's Bar, Inc. dba Ed & Nets, 311 North
Walnut Street for a Class "C" Liquor License
This item relates to the aforementioned Public Hearing Item E-3 and Consent Agenda Item
G-8.
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G8
Approving Request of Andrew Meier, 123 Meadowlark Circle,
Doniphan, Nebraska for Liquor Manager Designation for Ed &
Nets, 311 North Walnut Street
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: December 21, 2004
Subject: Request of Andrew Meier, 123 Meadowlark Circle,
Doniphan, Nebraska for Liquor Manager Designation for
Ed & Nets, 311 North Walnut Street
Item #’s: G-8
Presenter(s): RaNae Edwards, City Clerk
Background
Andrew Meier, 123 Meadowlark Circle, Doniphan, Nebraska has submitted an
application with the City Clerk’s Office for a Liquor Manager Designation in conjunction
with the Class “C-66543” Liquor License for Ed & Nets, 311 North Walnut Street. This
application has been reviewed by the Police Department and City Clerk’s Office.
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. All departmental reports have been received.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request of Andrew Meier, 123 Meadowlark Circle, Doniphan,
Nebraska for Liquor Mana ger Designation in conjunction with the Class “C-
66543” Liquor License for Ed & Nets, 311 North Walnut Street.
2. Forward the request with no recommendation.
3. Take no action on the request.
Recommendation
City Administration recommends that the Council approve this request.
Sample Motion
Approve the request of Andrew Meier, 123 Meadowlark Circle, Doniphan, Nebraska for
Liquor Manager Designation for Ed & Nets, 311 North Walnut Street.
Item G9
#2004-315 - Approving Final Plat & Subdivision Agreement for
Baxter First Subdivision
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: December 21, 2004
Subject: Baxter First Subdivision - Final Plat
Item #’s: G-9
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This subdivision proposes to create 1 lot on a parcel of land comprising of part of the SW ¼ NW ¼ 10-11-10.
This subdivision consists of 3.03 acres more or less.
Discussion
This property is zoned AG-2 Secondary Agricultural. This subdivision is a 1 time split from an 80 acre tract as
permitted by the regulations. Sewer is not available at this location so the development will be allowed with a
septic system. City water is available to the property.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council may:
1. Approve the final plat as presented
2. Modify the final plat to meet the wishes of the Council
3. Table the issue
Recommendation
A motion was made by Amick and seconded by Wagoner to approve and recommend that the Grand Island
City Council approve the final plat of Baxter First Subdivision.
A roll call vote was taken and the motion passed with 11 members present (Amick, Haskins, O’Neill, Brown,
Niemann, Miller, Eriksen, Ruge, Monter, Hayes, Wagoner) voting in favor.
Sample Motion
Approve the Final Plat for Baxter First Subdivision as presented.
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
R E S O L U T I O N 2004-315
WHEREAS, Little B's Corporation, a Nebraska corporation, as owner, has caused to be
laid out into a lot, a tract of land comprising a part of the Southwest Quarter of the Northwest Quarter
(SW1/4, NW1/4) of Section Ten (10), Township Eleven (11) North, Range Ten (10) West of the 6th P.M.,
in Hall County, Nebraska, under the name of BAXTER FIRST SUBDIVISION, and has caused a plat
thereof to be acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section
19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owner of the
property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of
the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of BAXTER FIRST SUBDIVISION, as
made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island,
Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the
City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2004-316 - Approving Final Plat and Subdivision Agreement for
Fairacres Dairy Eighth Subdivision
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: December 21, 2004
Subject: Fairacres Dairy Eighth Subdivision - Final Plat
Item #’s: G-10
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This subdivision proposes to create 2 lots on a parcel of land comprising of lot 1 Fairacres Diary Fourth
Subdivision. This subdivision consists of 2.098 acres more or less. The property is located east of Shady Bend
Road south of U.S. Highway 30 and is within the Grand Island City Limits.
Discussion
This property is zoned R-1 Suburban Density Residential. The front portion lot 1 is used as a single family
residence. The back portion, the old dairy building, is used for pallet remanufacturing. This property has been
used as a non-conforming (grandfathered) use for many years. Subdividing the property does not negatively
impact the current uses. It does all the owners to sell the house and business separately. The property has
sewer and water available. This subdivision meets the requirements of the Grand Island City Code for a legal
subdivision.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council may:
1. Approve the final plat as presented
2. Modify the fina l plat to meet the wishes of the Council
3. Table the issue
Recommendation
A motion was made by Wagoner and seconded by Miller to approve and recommend that the Grand Island City
Council approve the final plat of Fairacres Dairy Eighth Subdivision.
A roll call vote was taken and the motion passed with 10 members present (Amick, Haskins, Brown, Niemann,
Miller, Eriksen, Ruge, Monter, Hayes, Wagoner) voting in favor, and 1 member abstaining (O’Neill).
Sample Motion
Approve the Final Plat for Fairacres Dairy Eighth Subdivision as presented.
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
R E S O L U T I O N 2004-316
WHEREAS, Kenneth A. Lancaster and Karen J. Lancaster, husband and wife, as owners,
have caused to be laid out into lots, a tract of land comprising all of Lot One (1), Fairacres Dairy Fourth
Subdivision in the City of Grand Island, Hall County, Nebraska, under the name of FAIRACRES DAIRY
EIGHTH SUBDIVISION, and have caused a plat thereof to be acknowledged by them; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section
19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owners of
the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of
the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of FAIRACRES DAIRY EIGHTH
SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City Council of the
City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and
acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2004-317 - Approving Final Plat & Subdivision Agreement for
Poland Subdivision
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: December 21, 2004
Subject: Poland Subdivision - Final Plat
Item #’s: G-11
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
This subdivision proposes to create 1 lot on a parcel of land comprising of part of lots 3 & 4 Island & Part of the
W ½ SE ¼ SW ¼ & part of the NW ¼ SE ¼ 23-11-09. This subdivision consists of 9.773 acres more or less.
Discussion
This property is zoned TA Transitional Agricultural. This subdivision is a splits a farmstead that has been in
existence for more than 10 years from a parcel of 20 acres or more as permitted by the regulations. Sewer is not
available at this location so the development will be allowed with a septic system. City water is also not
available to the property.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council may:
1. Approve the final plat as presented
2. Modify the final plat to meet the wishes of the Council
3. Table the issue
Recommendation
A motion was made by Brown and seconded by Hayes to approve and recommend that the Grand Island City
Council approve the final plat of Poland Subdivision.
A roll call vote was taken and the motion passed with 11 members present (Amick, Haskins, O’Neill, Brown,
Niemann, Miller, Eriksen, Ruge, Monter, Hayes, Wagoner) voting in favor.
Sample Motion
Approve the Final Plat for Poland Subdivision as presented.
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
R E S O L U T I O N 2004-317
WHEREAS, Robert K. Poland and Judith K. Poland, husband and wife, as owners, have
caused to be laid out into a lot, a tract of land comprising a part of Lot Three (3) Island, a part of Lot Four
(4) Island, a part of the West Half of the Southeast Quarter of the Southwest Quarter (W1/2, SE1/4,
SW1/4) and a part of the Northwest Quarter of the Southeast Quarter (NW1/4, SE1/4), all in Section
Twenty Three (23), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County,
Nebraska, under the name of POLAND SUBDIVISION, and have caused a plat thereof to be
acknowledged by them; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section
19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owners of
the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of
the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of POLAND SUBDIVISION, as made
out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island,
Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the
City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2004-318 - Approving Bid Award for Plant Data Acquisition
System, Utilities Department
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader;Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Dale Shotkoski, Asst. City Attorney/Purchasing
Meeting: December 21, 2004
Subject: Bid Award - Plant Data Acquisition System – Platte
Generating Station
Item #’s: G-12
Presenter(s): Gary R. Mader, Utilities Director
Background
The Distributed Control System (DCS) at the Platte Generating Station is used for control
and monitoring of plant equipment and operations, including acquisition and archiving of
operational data for analysis and record reporting. The portion of the system used for
archiving data utilizes 1995 technology and hardware which are obsolete and no longer
supported by manufacturers. In order to replace the obsolete system, plant personnel
developed bid specifications for a new Plant Data Acquisition System. The system is
based on OSISoft’s Process Information (PI) software. Using readily available computer
hardware, the PI software provides instantaneous retrieval of any data collected by the
system. The proposed system interfaces with the plant DCS and is capable of more
efficient data storage at higher sample rates than the current system. The package
includes software tools for data analysis and display and is easily expandable. The bid
specifications include furnishing and installing this system.
Bid packages conforming to the City’s purchasing policies were sent to four vendors.
Discussion
The specifications were advertised in accordance with the City Purchasing Code and bids
were publicly opened on December 14, 2005. One bid was received. The engineer’s
estimate for this project was $ 51,440.00.
Bidder Bid price
Rovisys Company, Aurora, OH $49,809
The bid was reviewed for conformance with the specifications and found to be compliant.
References were checked and other power plants using this system were contacted.
Reports of system performance were positive.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
The Utilities Department recommends that the Council approve the purchase and
installation of the Plant Data Acquisition System from Rovisys for $49,809, plus sales
tax.
Sample Motion
Approve the Resolution for the award of the Plant Data Acquisition System to Rovisys of
Aurora, Ohio.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
BID OPENING
BID OPENING DATE: December 13, 2004 at 11:00 a.m.
FOR: Plant Data Acquisition System
DEPARTMENT: Utilities
ESTIMATE: $51,440.00
FUND/ACCOUNT: E520
PUBLICATION DATE: December 5, 2004
NO. POTENTIAL BIDDERS: 4
SUMMARY
Bidder: Rovisys
Aurora, OH
Bid Security: Cashier’s Check
Exceptions: Noted
Bid Price: $52,548.50 (Includes Sales Tax)
cc: Gary Mader, Utilities Director Bob Smith, Assistant Utilities Director
Pat Gericke, Utilities Admin Sec. Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P961
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
R E S O L U T I O N 2004-318
WHEREAS, the City of Grand Island invited sealed bids for Plant Data Acquisition System,
according to plans and specifications on file at the Platte Generating Station; and
WHEREAS, on December 13, 2004, one bid was received, opened and reviewed; and
WHEREAS, Rovisys of Aurora, Ohio, submitted a bid in accordance with the terms of the
advertisement of bids and plans and specifications and all other statutory requirements contained therein,
such bid being in the amount of $49,809 plus tax.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Rovisys of Aurora, Ohio, in the amount
of $49,809 plus tax for plant data acquisition system is hereby approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute any software License Agreements pertaining to this system.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2004-319 - Approving Acquisition of Utility Easement - Northeast
Corner of Gregory Avenue and Shady Bend Road - Widdifield
This item is relates to the aforementioned Public Hearing Item E-4.
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
R E S O L U T I O N 2004-319
WHEREAS, a public utility easement is required by the City of Grand Island, from Robert
Widdifield and Lynn E. Flint Widdifield, husband and wife, to install, upgrade, maintain, and repair public
utilities and appurtenances; and
WHEREAS, a public hearing was held on December 21, 2004, for the purpose of
discussing the proposed acquisition of an easement and right-of-way through a part of Lot Two (2), Garden
Second Subdivision located in the city of Grand Island, Hall County, Nebraska, the centerline of the twenty
(20.0) foot wide easement and right-of-way being more particularly described as follows:
Commencing at the southwest corner of Lot Two (2) Garden Second Subdivision; thence
northerly along the westerly line of Lot Two (2) said Garden Second Subdivision, a
distance of One Hundred Ten and Forty Two Hundredths (110.42) feet to the ACTUAL
point of beginning; thence deflecting right 63º23'18" northeasterly, a distance of One
Hundred Ten and Nineteen Hundredths (110.19) feet; thence deflecting left 52º34'46"
northeasterly, a distance of Fifty (50.0) feet. The sidelines of the above described tract shall
be prolonged or shortened, as required, to terminate on the boundary of Grantor's
property.
The above-described easement and right-of-way containing 0.07 acres, more or less, as
shown on the plat dated December 10, 2004, marked Exhibit "A" attached hereto and
incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is,
authorized to acquire a public utility easement from Robert Widdifield and Lynn E. Flint Widdifield, husband
and wife, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2004-320 - Approving Acquisition of Property Located at 1613
West Division Street (Old Wasmer School Property)
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, P.E., Public Works Director
City of Grand Island City Council
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
R E S O L U T I O N 2004-320
WHEREAS, the City of Grand Island's One and Six Year Street Improvement Plan
includes the widening of 2nd Street, from Grant Street to Greenwich Street; and
WHEREAS, storm water drainage issues along 2nd Street require a detention cell or other
means to accommodate storm water from 2nd Street; and
WHEREAS, a detention cell was determined to be the most cost effective method to
resolve such storm water drainage issues; and
WHEREAS, the property at 1613 W. Division Street, the former Wasmer Elementary
School property, has been determined to be an ideal site for a detention cell for such storm water drainage;
and
WHEREAS, the City of Grand Island was the sole bidder for the former Wasmer
Elementary School property, having submitted a bid for such property in the amount of $180,100; and
WHEREAS, at its December 9, 2004 meeting, the Grand Island School Board voted to
approve the conveyance of property to the City of Grand Island; and
WHEREAS, a public hearing was held on December 21, 2004, for the purpose of
discussing the proposed acquisition of real estate comprising all of Block Twelve (12), Charles Wasmer's
Addition to the city of Grand Island, Hall County, Nebraska; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island is hereby authorized to
acquire all of Block Twelve (12), Charles Wasmer's Addition to the City of Grand Island, Hall County,
Nebraska from the School District of Grand Island for the amount of $180,100 to convert such property
into a detention cell.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2004-321 - Approving Revisions to the Employee Handbook
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Brenda Sutherland
City of Grand Island City Council
Council Agenda Memo
From: Brenda Sutherland, Human Resources Director
Meeting: December 21, 2004
Subject: Update to Employee Handbook
Item #’s: G-15
Presenter(s): Brenda Sutherland
Background
The employee handbook was revised in January 2002. Since then there has been one
addendum to the handbook that was effective October 6, 2003. This addendum was
passed as Resolution 2003-247. The majority of the changes made at that time were
housekeeping changes with the exception of one major policy change which was how the
City recognized hours worked for the purpose of calculating overtime.
Discussion
The changes that are being presented by administration at this time are both
housekeeping and policy changes. The following areas are being recommended for
consideration as changes to the current Employee Handbook;
1.) Under the section called SCOPE, administration recommends deleting
“Community Projects Department” under the departments that are listed as
Community Projects is now a division under the Regional Planning Department.
Other recommended changes would be to change the City Administrator’s
Office to Administration and the City Attorney’s Office to Legal Department
and to remove the Grand Island/Hall County Health Department as they are now
separate and do not fall under the City personnel rules.
2.) Administration would like to expand its current harassment policy under the
section SEXUAL AND OTHER UNLAWFUL HARASSMENT. The
recommendation is to expand the language that deals with retaliation to read as
follows; Retaliation against someone that makes a complaint of harassment is
strictly forbidden. An employee that feels that they have been retaliated against
for coming forward with a complaint should make their supervisor and the
Human Resources office aware of it immediately. Should the Human Resources
Director be unable to handle the complaint, it should be forwarded to the Legal
Department.
3.) Under the section WORKER’S COMPENSATION the recommendation is to
add the following language; The City may provide light duty work when possible
for a defined period of time for employees that are injured due to a work related
situation.
4.) Administration recommends adding what is referred to as a “Safe Harbor”
clause to the handbook. It would be under the section COMPENSATION. It
would read as follows; The City uses a payroll cycle that that runs bi-weekly
(every two weeks). Any employee that identifies a mistake in their paycheck
should contact their supervisor and/or the Human Resources Specialist so that it
is brought to their attention for correction. The City makes every effort to
correctly process its payroll and prohibits improper deductions. Any such
errors will be corrected as they are identified.
5.) The Emergency Management Center has identified a need to expand its
residency requirements. The recommended change would be to require
employees within this department to reside within a twenty-five mile radius of
the City of Grand Island. Currently, employees in the department are required to
live within the two mile zoning jurisdiction. The current policy is the most
restrictive within the different departments and labor contracts. Administration
feels that the change would enhance recruiting for this department.
6.) Administration is recommending a change in the following two categories –
PAID HOLIDAYS and PERSONAL LEAVE DAYS. Administration believes
that to better serve the Citizens of Grand Island, that City Hall should remain
open on the Arbor Day holiday. Currently Arbor Day is a holiday that is taken
by City employees thus closing City Hall. It is recommended that the City do
away with Arbor Day and instead give employees an additional annual personal
leave day to use instead. This allows our City government offices to be open
and also keeps the City in alignment with comparability. The language that
would be added under the section PERSONAL LEAVE DAYS would read as
follows; In addition to two personal leave days, the City will provide one
annual personal leave day that will be granted at the beginning of the calendar
year and must be used by the end of the calendar year. Annual personal leave
may not be taken in less than one hour increments.
7.) Under the section DRESS CODE it is recommended that the words for Cause be
deleted as Fridays are recognized as just a Casual Day.
8.) Administration recommends that the tuition reimbursement policy be updated.
Currently the policy allows for reimbursement if budget authority exists for base
tuition only at Central Community College or University of Nebraska at
Kearney rates. In today’s world of online education and the lack of presence of
UNK in Grand Island, it is recommended that the current policy be amended as
follows; Reimbursement will be allowed for books and other fees (this is the
policy in the FOP contract). The annual reimbursement that an employee might
be eligible if there is budget authority in their department’s budget would be as
follows; Less than two years of service: $600, Two to five years of service:
$1000 and Over five years of service: No limitations. The current policy
requires an employee to be employed at the City for ten years before they reach
the no limitations level for reimbursement. It also reimburses at lower amounts
for the first three tiers. The current reimbursement rates are $300, $600, $2000
and unlimited. This recommendation would shorten the process and make more
funds available a little earlier than they currently are. Administration believes
that an educated workforce only benefits the citizens that are served by City
Hall. Thus not having to wait as long to finish their education if so desired is a
win – win for everyone. Again, there has to be budget authority for tuition
reimbursement to be paid out and that is approved by Council every year
through the budget process.
9.) It is also recommended that vacation and sick leave may be used in half hour
increments as opposed to the full hour increment policy that is currently in place.
It seems counterproductive to have folks stay away from work longer than they
need to because of the hour increment rule. The payroll system will handle this
change.
10) Lastly, administration recommends adding language in the Employee
Handbook for call-back pay. This would provide appropriate compensation for
those employees that get called in on the weekend or at night. The proposed
language for this would be as follows; An employee that is called into work
from their home will be eligible to receive compensation at the rate of time-and-
a-half for the actual hours that they are engaging in work. This does not cover
someone who is asked to stay longer than their normal shift or is an exempt
employee. Those hours would be counted towards their hours worked for the
week when computing overtime.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the recommended changes to the Employee Handbook
effective January 1, 2005.
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the recommended changes to
the Employee Handbook effective January 1, 2005.
Sample Motion
Motion to approve recommended changes to the Employee Handbook effective January
1, 2005.
Approved as to Form ¤ ___________
December 16, 2004 ¤ City Attorney
R E S O L U T I O N 2004-321
WHEREAS, on November 6, 2001, by Resolution 3001-314, the City Council of the City
of Grand Island approved and adopted the Employee Handbook for the City of Grand Island; and
WHEREAS, it is necessary to amend such Employee Handbook pertaining to various
housekeeping issues and policy changes; and
WHEREAS, the proposed amendments are attached hereto as Exhibit "A"; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the amendments to the Employee Handbook
identified on Exhibit "A" attached hereto are hereby approved and adopted effective January 1, 2005.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Exhibit "A"
Proposed Amendments to Employee Handbook
1.) Under the section called SCOPE, administration recommends deleting “Community
Projects Department” under the departments that are listed as Community Projects is
now a division under the Regional Planning Department. Other recommended changes
would be to change the City Administrator’s Office to Administration and the City
Attorney’s Office to Legal Department and to remove the Grand Island/Hall County
Health Department as they are now separate and do not fall under the City personnel
rules.
2.) Administration would like to expand its current harassment policy under the section
SEXUAL AND OTHER UNLAWFUL HARASSMENT. The recommendation is to
expand the language that deals with retaliation to read as follows; Retaliation against
someone that makes a complaint of harassment is strictly forbidden. An employee that
feels that they have been retaliated against for coming forward with a complaint should
make their supervisor and the Human Resources office aware of it immediately. Should
the Human Resources Director be unable to handle the complaint, it should be
forwarded to the Legal Department.
3.) Under the section WORKER’S COMPENSATION the recommendation is to add the
following language; The City may provide light duty work when possible for a defined
period of time for employees that are injured due to a work related situation.
4.) Administration recommends adding what is referred to as a “Safe Harbor” clause to the
handbook. It would be under the section COMPENSATION. It would read as follows;
The City uses a payroll cycle that that runs bi-weekly (every two weeks). Any employee
that identifies a mistake in their paycheck should contact their supervisor and/or the
Human Resources Specialist so that it is brought to their attention for correction. The
City makes every effort to correctly process its payroll and prohibits improper
deductions. Any such errors will be corrected as they are identified.
5.) The Emergency Management Center has identified a need to expand its residency
requirements. The recommended change would be to require employees within this
department to reside within a twenty-five mile radius of the City of Grand Island.
Currently, employees in the department are required to live within the two mile zoning
jurisdiction. The current policy is the most restrictive within the different departments
and labor contracts. Administration feels that the change would enhance recruiting for
this department.
6.) Administration is recommending a change in the following two categories – PAID
HOLIDAYS and PERSONAL LEAVE DAYS. Administration feels that to better serve
the Citizens of Grand Island, that City Hall should remain open on the Arbor Day
holiday. Currently Arbor Day is a holiday that is taken by City employees thus closing
City Hall. It is recommended that the City do away with Arbor Day and instead give
employees an additional annual personal leave day to use instead. This allows our City
- 2 -
government offices to be open and also keeps the City in alignment with comparability.
The language that would be added under the section PERSONAL LEAVE DAYS
would read as follows; In addition to two personal leave days, the City will provide one
annual personal leave day that will be granted at the beginning of the calendar year
and must be used by the end of the calendar year. Annual personal leave may not be
taken in less than one hour increments.
7.) Under the section DRESS CODE it is recommended that the words for Cause be
deleted as Fridays are recognized as just a Casual Day.
8.) Administration recommends that the tuition reimbursement policy be updated.
Currently the policy allows for reimbursement if budget authority exists for base tuition
only at Central Community College or University of Nebraska at Kearney rates. In
today’s world of online education and the lack of presence of UNK in Grand Island, it is
recommended that the current policy be amended as follows; Reimbursement will be
allowed for books and other fees (this is the policy in the FOP contract). The annual
reimbursement that an employee might be eligible if there is budget authority in their
department’s budget would be as follows; Less than two years of service: $600, Two to
five years of service: $1000 and Over five years of service: No limitations. The current
policy requires an employee to be employed at the City for ten years before they reach
the no limitations level for reimbursement. It also reimburses at lower amounts for the
first three tiers. The current reimbursement rates are $300, $600, $2000 and unlimited.
This recommendation would shorten the process and make more funds available a little
earlier than they currently are. Administration feels that an educated workforce only
benefits the citizens that are served by City Hall. Thus not having to wait as long to
finish their education if so desired is a win – win for everyone. Again, there has to be
budget authority for tuition reimbursement to be paid out and that is approved by
Council every year through the budget process.
9.) It is also recommended that vacation and sick leave may be used in half hour increments
as opposed to the full hour increment policy that is currently in place. It seems
counterproductive to have folks stay away from work longer than they need to because
of the hour increment rule. The payroll system will handle this change.
10) Lastly, administration recommends adding language in the Employee Handbook for
call-back pay. This would provide appropriate compensation for those employees that
get called in on the weekend or at night. The proposed language for this would be as
follows; An employee that is called into work from their home will be eligible to
receive compensation at the rate of time-and-a-half for the actual hours that they are
engaging in work. This does not cover someone who is asked to stay longer than their
normal shift or is an exempt employee. Those hours would be counted towards their
hours worked for the week when computing overtime.
Item G16
#2004-322 - Approving Change Order #2 for the Grand
Generation Center Addition and Renovation
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Jerenne Garroutte
City of Grand Island City Council
Council Agenda Memo
From: Jerenne Garroutte, Community Development
Meeting: December 21, 2004
Subject: Grand Generation Center Change Order #2
Item #’s: G-16
Presenter(s): Jerenne Garroutte, Community Development
Background
The City of Grand Island is the owner of record of the building occupied by the Senior
Citizen Industries, Inc. which is located at 304 East 3rd Street, here in Grand Island. The
City recently awarded a contract in the amount of $615,985.00 to Starostka Group
Unlimited for the expansion and renovation of the Center. The City received a
Community Development Block grant in the amount of $350,000 to assist in this
expansion and renovation. At the October 26, 2004 meeting of the City Council, Change
Order #1 was approved in the amount of $17,524.25 for removal of miscellaneous debris
found under the footings during the redigging for the laying of the foundation. Change
order #2 has been submitted decreasing the amount of the contract by $29,992.00 for the
deduction of the Fire Sprinkler system that was originally bid on the contract with
Starostka Group which is being paid for with other funds not in the grant and a request
for a 45 day time extension for completion. At the regularly scheduled monthly Board
Meeting for the Senior Citizen Industries, Inc. Board, held December 8, 2004, a motion
was made and approved to extend the contract for 45 days and to approve the $29,992.00
contract deduction.
Discussion
As the building is owned by the City and the original contract was signed by the City,
Change Order #2 is being submitted to the City for their approval.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve Change Order #2
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve Change Order #2.
Sample Motion
Motion to approve Change Order #2 to the contract with Starostka Group Unlimited on
the expansion and renovation of the Senior Citizens Industries, Inc.
Approved as to Form ¤ ___________
December 16, 2004 ¤ City Attorney
R E S O L U T I O N 2004-322
WHEREAS, on July 13, 2004, by Resolution 2004-166, the City of Grand Island awarded
the bid for the addition and renovation of the Grand Generation Center at 304 East Third Street to
Starostka Group, Inc. of Grand Island, Nebraska; and
WHEREAS, on October 26, 2004, by Resolution 2004-274, the City of Grand Island
approved Change Order No. 1 for such project to authorize the removal of miscellaneous debris found
under the footings; and
WHEREAS, due to the extra time needed to complete Change Order No. 1, it is necessary
to extend the base bid contract completion date 45 days to February 26, 2005; and
WHEREAS, it has been suggested that the cost of the fire sprinkler system be transferred to
a separate contract for this renovation and expansion project; and
WHEREAS, Change Order No. 2 decreases the contract price by $29,992.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 2 between the City of Grand Island and Starostka Group, Inc. of
Grand Island, Nebraska, to extend the base bid contract completion date to February 26, 2005, and to
transfer the costs of the fire sprinkler system to a separate contract for this expansion and renovation
project.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2004-323 - Approving Contract for Design for Public Safety
Facility
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Kyle Hetrick
City of Grand Island City Council
Council Agenda Memo
From: Kyle L. Hetrick, Chief of Police
Meeting: December 21, 2004
Subject: Contract Approval for Design Services Police/Sheriff
Facility.
Item #’s: G-17
Presenter(s): Kyle L. Hetrick, Chief of Police
Background
The Police/Sheriff Law Enforcement Facility planning committee consists of Mayor
Vavricek; City Administrator Gary Greer; County Board members, Pamela Lancaster and
Jim Erickson; Director of the Nebraska Law Enforcement Training Center, Steve
Lamken; Sheriff Jerry Watson; Chief Deputy Chris Rea; Captain Robert Falldorf and
Chief Kyle L. Hetrick of the Grand Island Police Department. After publishing an RFP
for design services, on November 5, 2004 the committee interviewed three highly capable
architectural firms. The committee recommended Wilson Estes of Mission, Kansas to
move forward with the design services phase.
Discussion
Professional references from previous law enforcement projects from Kearney, Hastings,
Papillion, and others came back with glowing recommendations for the Wilson Estes
firm. A cost estimate provided by Wilson Estes to provide design services was the low
estimate out of the three firms that were interviewed on November 5, 2004. The original
estimated cost for the design phase that was derived from the Needs Study was $580,000
plus reimbursable expenses, which normally run about $25,000. When Wilson Estes sent
us the first version of their contract they had dropped their fee to $550,000 plus
reimbursable expenses. Dale Shotkoski and Captain Robert Falldorf were able to
negotiate a lower fee with James Estes of $490,000 plus reimbursable expenses, which
was the final agreed upon amount and the amount that will be listed in the contract. The
scope of services on the design phase will include: 1. Schematic Design Phase; 2. Design
Development Phase; 3. Construction Document Phase; 4. Bidding Phase; 5. Construction
Phase; 6. Other services (e.g. Reporting to council and committee.) The city legal
department has reviewed the contract and recommends approval.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the contract with Wilson Estes Police Architects for the design
services phase for the combined Police/Sheriffs law enforcement facility.
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the design services contract
with the architectural firm of Wilson Estes.
Sample Motion
Approve the services contract with the architectural firm of Wilson Estes Police
Architects of Mission, Kansas for the design phase for the combined Police/Sheriff law
enforcement facility in the amount of $490,000 plus reimbursable expenses (estimated at
approximately $25,000).
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
ARCHITECTURAL DESIGN SERVICES
COMBINED NEW POLICE/SHERIFF’S
HEADQUARTERS FACILITY
RFP DUE DATE: October 14, 2004 at 5:00 p.m.
DEPARTMENT: Police
PUBLICATION DATE: September 24, 2004
NO. POTENTIAL BIDDERS: 5
SUMMARY OF PROPOSALS RECEIVED
Wilson Estes Police Architects DLR Group
Mission, KS Omaha, NE
Cannon Moss Brygger & Associates RDG
Grand Island, NE Omaha, NE
cc: Kyle Hetrick, Police Chief Robert Falldorf, Police Captain
Gary Greer, City Administrator David Springer, Finance Director
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P948
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
R E S O L U T I O N 2004-323
WHEREAS, the City of Grand Island invited proposals for Architectural Design Services
for Combined New Police/Sheriff's Headquarters Facility, in accordance with a Request for Proposal on file
with the Police Department; and
WHEREAS, on October 14, 2004, proposals were received, reviewed and evaluated in
accordance with established criteria; and
WHEREAS, Wilson Estes Police Architects of Mission, Kansas, submitted a proposal in
accordance with the terms of the request for proposals and all statutory requirements contained therein and
the City Procurement Code, such proposal being $580,000 plus reimbursable expenses; and
WHEREAS, after negotiations with such company, the fees were negotiated to $490,000
plus reimbursable expenses.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Wilson Estes Police Architects of
Mission, Kansas, for Architectural Design Services for Combined New Police/Sheriff's Headquarters
Facility in the negotiated amount of $490,000 plus reimbursable expenses is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement for such services on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G18
#2004-324 - Approving Certificate of Final Completion for Traffic
Signal Project 2004-TS-1 (Flashing Yellow Warning Lights Along
US HWY 281)
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, P.E., Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, P.E., Director of Public Works
Meeting: December 21, 2004
Subject: Certificate of Final Completion for Traffic
Signal Project 2004-TS-1; Yellow Flashing
Warning Lights Along US HWY 281
Item #’s: G-18
Presenter(s): Steven P. Riehle, Director of Public Works
Background
The contract for Traffic Signal Project 2004-TS-1 was awarded to Ensley Electric
Services Inc., of Grand Island, NE on July 13, 2004. Work commenced September 13,
2004 and has been completed.
Discussion
The work for Traffic Signal Project 2004-TS-1 has been completed in accordance with
the terms, conditions, and stipulations of said contract and complies with the contract, the
plans, and the specifications. The project was comple ted on schedule at a construction
price of $33,674.00. Costs for the project break down as follows:
Original Bid $ 41,993.30
Underruns $ (8,319.30)
Total Cost $ 33,674.00
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve final completion.
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the Certificate of Final
Completion for Traffic Signal Project 2004-TS-1.
Sample Motion
Move to approve the Certificate of Final Completion for Traffic Signal Project 2004-TS-
1.
ENGINEER’S CERTIFICATE OF FINAL COMPLETION
TRAFFIC SIGNAL PROJECT 2004-TS-1
CITY OF GRAND ISLAND, NEBRASKA
DECEMBER 21, 2004
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that TRAFFIC SIGNAL PROJECT 2004-TS-1 has been fully completed by
ENSLEY ELECTRIC SERVICES INC., of Grand Island under contract dated August 20, 2004.
The work has been completed in accordance with the terms, conditions, and stipulations of said
contract and complies with the contract, the plans, and the specifications. The work is hereby
accepted for the City of Grand Island, Nebraska, by me as Director of Public Works in
accordance with the provisions of Section 16-650 R.R.S., 1943.
It is further certified that the improvements as constructed include the following items and costs
and that this certificate shall constitute the Final Payment for this work.
TRAFFIC SIGNAL PROJECT 2004-TS-1 is located along US HWY 281 in the City of Grand
Island.
SECTION A - Old Potash HWY
Item Quantities Total Amount
No. Description Price Bid Placed Completed
1 Traffic Signal $600.00 2 EA $1,200.00
2 Pedestal Pole $475.00 2 EA $950.00
3 Pull Box $535.00 1 EA $535.00
4 2" Trenched Conduit $4.00 0 LF $0.00
5 2" Board Conduit $15.00 101 LF $1,515.00
6 3/C Cable $0.75 101 LF $75.75
7 Ground $1.60 0 LF $0.00
8 Warning Signal $95.00 2 EA $190.00
9 Pavement Removal $9.50 9 SF $85.50
10 Pavement Replacement $11.25 6 SF $67.50
TOTAL SECTION A $4,618.75
SECTION B - Faidley Avenue
Item Quantities Total Amount
No. Description Price Bid Placed Completed
1 Traffic Signal $600.00 4 EA $2,400.00
2 Pedestal Pole $475.00 4 EA $1,900.00
3 Pull Box $535.00 2 EA $1,070.00
4 2" Trenched Conduit $4.00 0 LF $0.00
5 2" Board Conduit $15.00 149 LF $2,235.00
6 3/C Cable $0.75 149 LF $111.75
7 Ground $1.60 0 LF $0.00
8 Warning Signal $95.00 4 EA $380.00
9 Pavement Removal $9.50 18 SF $171.00
10 Pavement Replacement $11.25 12 SF $135.00
TOTAL SECTION B $8,402.75
SECTION C - 13th Street
Item Quantities Total Amount
No. Description Price Bid Placed Completed
1 Traffic Signal $600.00 4 EA $2,400.00
2 Pedestal Pole $475.00 4 EA $1,900.00
3 Pull Box $535.00 2 EA $1,070.00
4 2" Trenched Conduit $4.00 0 LF $0.00
5 2" Board Conduit $15.00 149 LF $2,235.00
6 3/C Cable $0.75 149 LF $111.75
7 Ground $1.60 0 LF $0.00
8 Warning Signal $95.00 4 EA $380.00
9 Pavement Removal $9.50 18 SF $171.00
10 Pavement Replacement $11.25 12 SF $135.00
TOTAL SECTION C $8,402.75
SECTION D - State Street
Item Quantities Total Amount
No. Description Price Bid Placed Completed
1 Traffic Signal $600.00 4 EA $2,400.00
2 Pedestal Pole $475.00 4 EA $1,900.00
3 Pull Box $535.00 2 EA $1,070.00
4 2" Trenched Conduit $4.00 0 LF $0.00
5 2" Board Conduit $15.00 149 LF $2,235.00
6 3/C Cable $0.75 149 LF $111.75
7 Ground $1.60 0 LF $0.00
8 Warning Signal $95.00 4 EA $380.00
9 Pavement Removal $9.50 18 SF $171.00
10 Pavement Replacement $11.25 12 SF $135.00
TOTAL SECTION D $8,402.75
SECTION E - Capital Avenue
Item Quantities Total Amount
No. Description Price Bid Placed Completed
1 Traffic Signal $600.00 2 EA $1,200.00
2 Pedestal Pole $475.00 2 EA $950.00
3 Pull Box $535.00 1 EA $535.00
4 2" Trenched Conduit $4.00 0 LF $0.00
5 2" Board Conduit $15.00 52 LF $780.00
6 3/C Cable $0.75 52 LF $39.00
7 Ground $1.60 0 LF $0.00
8 Warning Signal $95.00 2 EA $190.00
9 Pavement Removal $9.50 9 SF $85.50
10 Pavement Replacement $11.25 6 SF $67.50
TOTAL SECTION E $3,847.00
TOTAL PROJECT
COST 2004-TS-1 $ 33,674.00
LESS AMOUNT PREVIOUSLY PAID TO CONTRACTOR $ 33,674.00
Respectfully submitted,
Steven P. Riehle, P.E.
Director of Public Works
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
December 21, 2004
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
I hereby recommend that the Engineer’s Certificate of Final Completion for the Traffic Signal
Project 2004-TS-1 be approved.
Respectfully submitted,
Jay Vavricek
Mayor
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
R E S O L U T I O N 2004-324
WHEREAS, the Public Works Director of the City of Grand Island has issued his
Certificate of Final Completion for Traffic Signal Project 2004-TS-1 (yellow flashing warning lights along
U.S. Highway 281), certifying that Ensley Electric Services Inc. of Grand Island, Nebraska, under contract
dated July 13, 2004, has completed such project according to the terms, conditions, and stipulations for
such improvements; and
WHEREAS, the Public Works Director recommends the acceptance of the final
completion; and
WHEREAS, the Mayor concurs with the Public Works Director's recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Public Works Director's Certificate of Final
Completion for Traffic Signal Project 2004-TS-1 is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G19
#2004-325 - Approving State Bid Award for One (1) Case 621D
Wheel Loader for the Wastewater Division of the Public Works
Department
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, P.E., Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, P.E., Director of Public Works
Meeting: December 21, 2004
Subject: Purchase of 2005 Case 621D Wheel Loader for the
Wastewater Division of the Public Works Department
Item #’s: G-19
Presenter(s): Steven P. Riehle, Director of Public Works
Background
The Wastewater Division of the Public Works Department budgeted for a wheel loader for use
in the compost operations.
Discussion
The wheel loader specifications awarded under State of Nebraska contract #CA6144 meets all of the
requirements for the Wastewater Division. Midland Equipment of Lincoln, NE submitted a bid with
no exceptions in the amount of $93,496.00. There are sufficient funds for this purchase in Account
No. 53030054-85615.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council
may:
1. Approve the purchase of the wheel loader.
2. Disapprove the purchase of the wheel loader.
3. Modify or postpone the purchase.
4. Take no action on the purchase.
Recommendation
City Administration recommends that the Council approve the purchase of the wheel loader in the
amount of $93,496.00 from Midland Equipment of Lincoln, NE.
Sample Motion
Move to approve the purchase of the Wastewater Division wheel loader from Midland Equipment of
Lincoln, Nebraska in the amount of $93,496.00.
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
R E S O L U T I O N 2004-325
WHEREAS, the Wastewater Division of the Public Works Department budgeted in the
2004/2005 fiscal year to purchase a wheel loader for use in the compost operations; and
WHEREAS, said vehicle can be obtained from the State contract holder; and
WHEREAS, purchasing the vehicle from the State contract holder meets all statutory
bidding requirements; and
WHEREAS, the funding for such vehicle is provided in the 2004/2005 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one 2005 Case 621D Wheel
Loader for the amount of $93,496.00 from the State contract holder, Midland Equipment of Lincoln,
Nebraska, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item G20
#2004-326 - Approving State Bid Award for One (1) F-350 Ford
Pickup Truck for the Wastewater Division of the Public Works
Department
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, P.E., Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, P.E., Director of Public Works
Meeting: December 21, 2004
Subject: Purchase of 2005 F-350 Ford Pickup Truck for the
Wastewater Division of the Public Works Department
Item #’s: G-20
Presenter(s): Steven P. Riehle, Director of Public Works
Background
The Wastewater Division of the Public Works Department budgeted for a pickup for use in the
sewer maintenance operations.
Discussion
The vehicle specifications awarded under State of Nebraska contract #11144 meets all of the
requirements for the Wastewater Division vehicle. Anderson Ford Lincoln Mercury of Grand Island,
NE submitted a bid with no exceptions in the amount of $30,790.00. There are sufficient funds for this
purchase in Account No. 53030054-85625.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council
may:
1. Approve the purchase of the vehicle.
2. Disapprove the purchase of the vehicle.
3. Modify or postpone the purchase.
4. Take no action on the purchase.
Recommendation
City Administration recommends that the Council approve the purchase of the vehicle in the amount of
$30,790.00 from Anderson Ford Lincoln Mercury of Grand Island, NE.
Sample Motion
Move to approve the purchase of the Wastewater Division vehicle from Anderson Ford Lincoln
Mercury of Grand Island, Nebraska in the amount of $30,790.00.
Approved as to Form ¤ ___________
December 15, 2004 ¤ City Attorney
R E S O L U T I O N 2004-326
WHEREAS, the Wastewater Division of the Public Works Department budgeted in the
2004/2005 fiscal year to purchase a pickup truck for use in the sewer maintenance operations; and
WHEREAS, said vehicle can be obtained from the State contract holder; and
WHEREAS, purchasing the vehicle from the State contract holder meets all statutory
bidding requirements; and
WHEREAS, the funding for such vehicle is provided in the 2004/2005 budget.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one 2005 F-350 Ford Pickup
Truck for the amount of $30,790.00 from the State contract holder, Anderson Ford Lincoln Mercury of
Grand Island, Nebraska, is hereby approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, December 21, 2004.
_______________________________________
RaNae Edwards, City Clerk
Item J1
Payment of Claims for the Period of December 8, 2004 through
December 21, 2004
The Claims for the period of December 8, 2004 through December 21, 2004 for a total of
$2,908,772.41. A MOTION is in order.
Tuesday, December 21, 2004
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council