05-24-2005 City Council Regular Meeting PacketCity of Grand Island
Tuesday, May 24, 2005
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 George Oxford, First Church of the Nazarene, 1022 West 6th
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
Proclamation "Older American Month" May, 2005
Older Americans deserve the respect of each one of us in that they teach us courage,
sacrifice, and love. Millions of Americans are now living longer, more productive lives, and
are giving of their time and talents in many ways. The Mayor has proclaimed the month of
May, 2005 as "Older Americans Month" and encourages citizens to honor their elders, to
care for those in need, and to publicly reaffirm our City's commitment to older Americans
this month and throughout the year. See attached PROCLAMATION.
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
THE OFFICE OF THE MAYOR
City of Grand Island
State of Nebraska
PROCLAMATION
WHEREAS, older Americans teach us the timeless lessons of courage,
sacrifice, and love. By sharing their wisdom and experience,
they serve as role models for future generations; and
WHEREAS, our seniors deserve our greatest respect, their example show us
how to persevere in the face of hardship, care for others in need,
and take pride in our communities; and
WHEREAS, their patriotism, service, and leadership inspire Americans and
shape the character and future of our country; and
WHEREAS, millions of Americans are now living longer, more productive
lives, and many are choosing to stay active in the workforce.
Senior citizens are also giving their time and talents by
volunteering in many ways; and
WHEREAS, this year marks the 40th anniversary of the Older Americans Act
of 1965, which was created to improve the welfare of our
seniors. By treating older Americans with the dignity and
respect they deserve, we honor their legacy and contributions to
our City. Their guidance and love enrich our country and make
America a better place for all.
NOW, THEREFORE, I, Jay Vavricek, Mayor of the City of Grand Island,
Nebraska, do hereby proclaim the month of May, 2005 as
“Older Americans Month”
in the City of Grand Island, and encourage all citizens to honor
their elders, to care for those in need, and to publicly reaffirm
our commitment to older Americans this month and throughout
the year.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of
the City of Grand Island to be affixed this twenty-fourth day of
May in the year of our Lord Two Thousand and Five.
________________________________________
Jay Vavricek, Mayor
Attest: ________________________________________
RaNae Edwards, City Clerk
Item C2
Recognition of Louis Kaelin and Coach Jack Ross for Outstanding
Performance at the Cornhusker Trapshoot
The Mayor and City Council would like to congratulate and recognize Louis Kaelin and his
Coach Jack Ross. Louis received 1st Place in the Cornhusker Trapshoot Junior Division
Competition held in Doniphan. Louis competed against 455 7th and 8th grade students
throughout Nebraska and broke 99 of 100 16-yard single targets to post the highest score.
This is the biggest youth shoot in the world with a total of 1,536 students from 7th to 12th
grades. We would like to thank Jack Ross for his dedication and knowledge in teaching our
youth the proper shooting techniques.
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item C3
Recognition of Lori Farrell, Pat Johnson, and Nikki Leu for
Efforts of Sending Care Packages to Soldiers in Iraq
The Mayor and City Council would like to salute the deli workers from Five Points Skagway
for their diligent efforts of sending care packages to soldiers in Iraq. Lori Farrell, Pat
Johnson, and Nikki Leu have been sending care packages to soldiers in Iraq once a month
for over a year. We congratulate these three women and other employees from Skagway Five
Points for their dedicated service to our soldiers serving in Iraq.
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item E1
Public Hearing on Request of Orozco's Corporation dba El
Diamante Night Club, 1600 South Eddy Street for Class "C"
Liquor License
Tuesday, May 24, 2005
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: May 24, 2005
Subject: Public Hearing on Request of Orozco’s Corporation dba
El Diamante Night Club, 1600 South Eddy Street for a
Class “C” Liquor License
Item #’s: E-1 & G-4
Presenter(s): RaNae Edwards, City Clerk
Background
Orozco’s Corporation dba El Diamante Night Club, 1600 South Eddy Street has
submitted an application for a Class “C” Liquor License. A Class “C” Liquor License
allows for the sale of alcohol on and off sale inside the corporate limits of the city. .
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.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the request.
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 contingent upon
final inspections.
Sample Motion
Move to approve the request of Orozco’s Corporation dba El Diamante Night Club, 1600
South Eddy Street for a Class “C” Liquor License.
Item E2
Public Hearing Concerning Acquisition of Utility Easement -
North Side of Platte River, Northeast of Hwy. 281 - Kuehner
Tuesday, May 24, 2005
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: May 24, 2005
Subject: Acquisition of Utility Easement – North side of Platte
River – Northeast of Hwy. 281 - Kuehner
Item #’s: E-2 & G-6
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 Carolyn E. Kuehner, located on the north side of the Platte River, northeast of U.S.
Hwy. 281, located in Hall County, Nebraska, in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. An existing
single phase line now occupies the area of the easement. Researching City and County
records did not uncover a filed document concerning the property.
Discussion
This easement will be used to upgrade the single phase line to a three phase line and to
complete the legal documents for the line to remain in place. The three phase line will
serve a new irrigation well on Kuehner Farm property.
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 E3
Public Hearing Concerning Acquisition of Utility Easement -
Southwest Corner of 2nd and Greenwich - JBWS Property Group
LLC
Tuesday, May 24, 2005
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: May 24, 2005
Subject: Acquisition of Utility Easement – Intersection of 2nd &
Greenwich – JBWS Property Group, LLC
Item #’s: E-3 & G-7
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 JBWS Property Group, LLC, located at the southwest corner of the new Taco John’s
location at the intersection of 2nd and Greenwich Street, 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 add underground cable and a pad-mounted transformer to
provide electricity to the new business.
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 E4
Public Hearing on Acquisition of Property Located at 1221 West
3rd Street. (Grand Island Library Foundation, Inc. Previously
Owned by Richard L. and Joyce L. Killham)
Tuesday, May 24, 2005
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: May 24, 2005
Subject: Public Hearing on Acquisition of Real Estate Located at
1221 West Third Street, Grand Island, Nebraska. (Grand
Island Library Foundation, Inc., previously owned by
Richard L. Killham and Joyce L. Killham
Item #’s: E-4 & G-9
Presenter(s): Douglas R. Walker, City Attorney
Background
Nebraska State Statutes require that the acquisition of property must be approved by the
City Council. The public hearing for the acquisition of this property is being done to meet
the requirements of Neb. Rev. Stat., §18-1755 and Neb. Rev. Stat., §25-2505. Subsequent
to the public hearing, Item G-22 will be for approval for acquisition of this property.
Discussion
The Grand Island Library Foundation has acquired this property in the block west of the
city library for use in expanding the Edith Abbott Memorial Library. At several prior
meetings of the City Council, including the meeting on October 19, 2004, presentations
were made by the Library Board regarding plans for expanding the city library to the
west of the current facility. This expansion will necessitate the acquisition of property in
the block west of the current library building to accommodate the expansion and to
provide parking for the enlarged facility. The Foundation has committed to purchase
most of the property in the block west of the library to help facilitate the expansion. The
property which is the subject of this public hearing is on the northwest corner of that
block. The Library Foundation has acquired this property and is donating it to the City of
Grand Island. With the acceptance of this property, the City of Grand Island will own all
of the real estate in the block west of the Edith Abbott Memorial Library.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Pass a resolution approving the acquisition of this real estate.
2. Do not pass a resolution approving the acquisition of the real estate.
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 real estate as set forth above.
Sample Motion
Motion to approve the acquisition of the real estate located at 1221 West Third Street and
described as Fractional Lot Four (4), in Fractional Block Sixteen (16), in Arnold &
Abbott’s Addition and complimentary thereto, Fractional Lot four in Fractional Block
Two (2), Spaulding & Gregg’s Addition to the City of Grand Island, Hall County,
Nebraska.
Item E5
Public Hearing Concerning Amendment to the Grand Island
Zoning Map for Property So. of Seedling Mile Rd between
Wainwright St. and West of Shady Bend Rd from TA-Transitional
Agriculture to LLR-Large Lot Residential and Property being
Platted as Northview
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: May 24, 2005
Subject: Amendments to Grand Island Zoning Map
Item #’s: E-5 & F-1
Presenter(s): Chad Nabity AICP, Regional Planning Director
Background
The City of Grand Island adopted a new zoning map in July 2004. The changes proposed amend the zoning on
property south of Seedling Mile Road between Wainwright Street and just west of Shady Bend Road all within
the City Limits of Grand Island from TA-Transitional Agriculture to LLR-Large Lot Residential and to amend
the zoning on property being platted as Northview Subdivision, west of North Road and south of Highway 2 in
Grand Island so that the zoning is consistent with the lot layout as proposed.
Discussion
Properties in southeast Grand Island, south of Seedling Mile Road, should have been changed to LLR-Large Lot
Residential with the new zoning map. This was inadvertently left TA-Transitional Agriculture. This change
will correct that error.
The zoning changes to the property being platted as Northview Subdivision will shift the zoning boundaries so
that they are consistent with the lot lines.
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 Haskins 2nd by Amick to approve and recommend that the City of Grand Island approve
these changes and corrections to the Grand Island Zoning Map and as presented.
A roll call vote was taken and the motion passed with 11 members present (Amick, Haskins, O’Neill, Brown,
Niemann, Miller, Ruge, Hayes, Reynolds, Monter, Eriksen) voting in favor.
Sample Motion
Approve the changes to the Grand Island Zoning Map as presented.
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Agenda Item # 6
PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION:
April 25, 2005
SUBJECT: Concerning changes to the Grand Island Zoning Map to correct an error in the map as it
was adopted in July of 2004 and to change the zoning districts for the area being platted as Northview
Subdivision south of Highway 2 and west of North Road in Grand Island to conform to the proposed lot
layout. Staff is recommending the correction and the Regional Planning Commission has asked that
the zoning match the proposed lot layout for Northview. (C-24-2005-GI)
PROPOSAL:
Seedling Mile and Wainwright Area
An error was made in official Grand Island Zoning Map as it was adopted in July of 2004. Properties
located in the Grand Island City Limits south of Seedling Mile Road and east of Wainwright Street
including: Sass Subdivision Lots 1-6, 13-16 and 18-24; Sass 2nd Subdivision Lots 1-12 and 18-36;
Dalhke Subdivision Lots 1-3; Terjak Subdivision Lots 1 and 2; and Garden 2nd Subdivison Lots 1 and 2
were shown as zoned TA-Transitional Agriculture. The TA district as it was adopted in July of 2004 is
reserved for properties located outside of the Grand Island City Limits. These properties should have
been changed to LLR-Large Lot Residential to be consistent with other changes that were made to the
Grand Island Zoning Map. Staff recommends that this change be made. A map of the affected
properties is included with this report.
Northview Subdivision Area
This property is currently zoned B2-General Business, RO-Residential Office and R1-Suburban
Residential. The majority of the property is currently zoned for office and business uses. The propose
layout for this property shows a majority of single family residential lots, some townhouse lots and a few
office and commercial lots. The proprosed changes would create substantially smaller B2 and RO
zoned areas along Highway 2, a moderate sized R2-Low Density Residential area adjacent to North
Road and a much larger R1 area for the remainder of the property. These changes will alter the
existing zoning boundaries so that they conform to the proposed lot layout.
The original zoning on this property was approved based on the recommendation of JEO Consulting
and the 2004 Comprehensive Plan without knowing what the actual layout of the development would
look like. These changes are consistent with the Comprehensive Plan and conform to the layout as
presented by the developers.
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BACKGROUND:
Staff is recommending the correction and the Regional Planning Commission has asked that the zoning
match the proposed lot layout for Northview.
RECOMMENDATION:
That the Regional Planning Commission recommend that the City Council of Grand Island adopt these
proposed changes to the official Zoning Map for the City of Grand Island as presented.
____________________ Chad Nabity AICP, Planning Director
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Item E6
Public Hearing Concerning Amendments to Chapter 36 of the
Grand Island City Code Relative to Zoning within the 2 Mile
Extra-Territorial Jurisdiction
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: May 24, 2005
Subject: Amendments to Chapter 36 Zoning Regulations
Item #’s: E-6 & F-2
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. One new definition and changes to
the parking requirements are included. Most of the changes to the parking requirements bring the new parking
regulations in line with the previous regulations.
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 Ruge 2nd by Miller to approve and recommend that the City of Grand Island approve
these changes and corrections to the Grand Island Zoning Map and as presented.
A roll call vote was taken and the motion passed with 11 members present (Amick, Haskins, O’Neill, Brown,
Niemann, Miller, Ruge, Hayes, Reynolds, Monter, Eriksen) voting in favor.
Sample Motion
Approve the changes to Chapter 36 of the Grand Island City Code as Submitted.
Item F1
#8975 - Consideration of Amendment to the Grand Island Zoning
Map for Property So. of Seedling Mile Rd between Wainwright St.
and West of Shady Bend Rd from TA-Transitional Agriculture to
LLR-Large Lot Residential and Property being Platted as
Northview
This item relates to the aforementioned Public Hearing Item E-5.
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
May 18, 2005 ¤ City Attorney
ORDINANCE NO. 8975
An ordinance rezoning a certain tract of land within the zoning jurisdiction of the
City of Grand Island; changing the land use classification of a tract of land comprising of a part
of the East Half of the Northeast Quarter (E1/2, NE1/4) of Section 2, Township 11 North, Range
10 West of the 6th P.M. in the City of Grand Island, Hall County, Nebraska, to R1-Suburban
Residential Zone, R2-Low Density Residential Zone, B2-Light Business Zone and RO-
Residential Office Zone; changing the land use classification from TA-Transitional Agricultural
Zone to LLR-Large Lot Residential Zone for Lots 1 through 6, Lots 13-16 and Lots 18-24 of
Sass Subdivision, Lots 1-12 and Lots 18-36 of Sass Second Subdivision, Lots 1-3 of Dalhke
Subdivision, Lots 1 and 2 of Terjak Subdivision, and Lots 1 and 2 of Garden Second
Subdivision; directing such zoning changes and classifications be shown on the Official Zoning
Map of the City of Grand Island; amending the provisions of Section 36-7; and providing for
publication and an effective date of this ordinance.
WHEREAS, the Regional Planning Commission on May 3, 2005, held a public
hearing and made a recommendation on the proposed zoning of such area; and
WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to
the Boards of Education of the school districts in Hall County, Nebraska; and
WHEREAS, after public hearing on May 24, 2005, the City Council found and
determined the changes in zoning be approved and made.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. The following tract of land is hereby rezoned and reclassified and
changed to R1-Suburban Residential Zone:
ORDINANCE NO. 8975 (Cont.)
- 2 -
Commencing at the southeast corner of said E1/2, NE1/4; thence on an assumed bearing
of N89°05'09"W along the south line of said E1/2, NE1/4 a distance of 33.00 feet to the
point of intersection of said south line and the west right-of-way (R.O.W.) line of North
Road, said point also being the Point of Beginning; thence continuing N00°22'16"E along
said west line a distance of 230.10 feet; thence N89°06'56"W a distance of 343.38 feet;
thence NOO°54'51"E a distance of 361.09 feet; thence S89°05'09"E a distance of 78.50
feet; thence N00°54'51"E a distance of 172.82 feet; thence around a curve in a clockwise
direction having a delta angle 38°16'45", an arc length of 133.62 feet, a radius of 200.00
feet, and a chord bearing of N60°18'24"W and a distance of 131.15 feet; thence
N41°10'02"W a distance of 296.54 feet; thence around a curve in a counter clockwise
direction having a delta angle 48°15'54", an arc length of 252.71 feet, a radius of 300.00
feet, and a chord bearing of N65°17'58"W and a distance of 245.31 feet; thence
N89°04'51"W a distance of 60.00 feet; thence N89°05'09"W a distance of 428.90 feet to
a point on the east line of Ross Heights Fourth Subdivision in the City of Grand Island,
Hall County, Nebraska; thence S00°14'39"W along the east line of said Ross Heights
Fourth Subdivision a distance of 286.05 feet to the southeast corner of said Ross Heights
Fourth Subdivision, said point also being the northeast corner of Ross-Theasmeyer
Subdivision in the City of Grand Island, Hall County, Nebraska; thence S00°13'22"W
along the east line of said Ross-Theasmeyer Subdivision a distance of 860.04 feet to the
southeast corner of said Ross-Theasmeyer Subdivision, said point also being the
southwest corner of said E1/2, NE1/4; thence S89°05'09"E along said south line a
distance of 1280.40 feet to the point of beginning. Said tract contains 25.54 acres more or
less;
SECTION 2. The following tract of land is hereby rezoned and reclassified and
changed to R2-Low Density Residential Zone:
Commencing at the southeast corner of said E1/2, NE1/4; thence on an assumed bearing
of N89°05'09"W along the south line of said E1/2, NE1/4 a distance of 33.00 feet to the
point of intersection of said south line and the west right-of-way (R.O.W.) line of North
Road, thence continuing N00°22'16"E along said west line a distance of 230.10 feet, said
point also being the Point of Beginning; thence N89°06'56"W a distance of 343.38 feet;
thence NOO°54'51"E a distance of 361.09 feet; thence S89°05'09"E a distance of 78.50
feet; thence N00°54'51"E a distance of 172.82 feet; thence around a curve in a counter
clockwise direction having a delta angle 09°38'23", an arc length of 33.65 feet, a radius
of 200.00 feet, and a chord bearing of S84°15'58"E and a distance of 33.61 feet; thence
S89°05'09"E a distance of 226.36' to a point on said west R.O.W. line of North Road;
thence S00°22'16"W along said west line a distance of 530.94 feet to the point of
beginning. Said tract contains 3.85 acres more or less;
SECTION 3. The following tract of land is hereby rezoned and reclassified and
changed to B2-General Business Zone:
ORDINANCE NO. 8975 (Cont.)
- 3 -
Commencing at the southeast corner of said E1/2, NE1/4; thence on an assumed bearing
of N89°05'09"W along the south line of said E1/2, NE1/4 a distance of 33.00 feet to the
point of intersection of said south line and the west right-of-way (R.O.W.) line of North
Road, thence continuing N00°22'16"E along said west line a distance of 761.03 feet, said
point also being the Point of Beginning; thence N00°22'16"E along said west R.O.W. line
a distance of 335.87 feet to the point of intersection of said west R.O.W. line and the
south R.O.W. line of State Highway #2; thence N73°06'43"W along said south R.O.W.
line a distance of 598.54 feet; thence S41°10'02"E a distance of 295.10' feet; thence
S48°49'58"W a distance of 140.00 feet; thence S41°10'02"E a distance of 164.05 feet;
thence around a curve in a counter clockwise direction having a delta angle 47°55'08", an
arc length of 167.27 feet, a radius of 200.00 feet, and a chord bearing of S65°07'35"E and
a distance of 162.44 feet; thence S89°05'09"E a distance of 226.36 feet to the point of
beginning. Said tract contains 3.93 acres more or less;
SECTION 4. The following tract of land is hereby rezoned and reclassified and
changed to RO-Residential Office Zone:
Commencing at the southeast corner of said E1/2, NE1/4; thence on an assumed bearing
of N89°05'09"W along the south line of said E1/2, NE1/4 a distance of 33.00 feet to the
point of intersection of said south line and the west right-of-way (R.O.W.) line of North
Road; thence continuing N00°22'16"E along said west line a distance of 1096.90 feet to
the point of intersection of said west R.O.W. line and the south R.O.W. line of State
Highway #2; thence N73°06'43"W along said south R.O.W. line a distance of 598.54
feet, said point also being the Point of Beginning; thence S41°10'02"E a distance of
295.10' feet; thence S48°49'58"W a distance of 140.00 feet; thence N41°10'02"W a
distance of 132.49 feet; thence around a curve in a counter clockwise direction having a
delta angle 48°15'54", an arc length of 252.71 feet, a radius of 300.00 feet, and a chord
bearing of N65°17'58"W and a distance of 245.31 feet; thence N89°04'51"W a distance
of 60.00 feet; thence N89°05'09"W a distance of 428.90 feet to a point on the east line of
Ross Heights Fourth Subdivision in the City of Grand Island, Hall County, Nebraska;
thence N00°14'39"E along the east line of said Ross Heights Fourth Subdivision a
distance of 319.42 feet to the northeast corner of said Ross Heights Fourth Subdivision,
said point also being on the south R.O.W. line of State Highway #2; thence S73°06'43"E
along said south R.O.W. line a distance of 740.63 feet to the point of beginning. Said
tract contains 4.38 acres more or less;
SECTION 5. The following tracts of land are hereby rezoned and reclassified and
changed from TA-Transitional Agricultural Zone to LLR-Large Lot Residential Zone:
Lots 1-6, 13-16 and 18-24 of Sass Subdivision;
Lots 1-12 and 18-36 of Sass Second Subdivision;
Lots 1-3 of Dalhke Subdivision;
Lots 1 and 2 of Terjak Subdivision; and
Lots 1 and 2 of Garden Second Subdivision
ORDINANCE NO. 8975 (Cont.)
- 4 -
SECTION 6. That the Official Zoning Map of the City of Grand Island,
Nebraska, as established by Section 36-51 of the Grand Island City Code be, and the same is,
hereby ordered to be changed, amended, and completed in accordance with this ordinance.
SECTION 7. 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: May 24, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#8976 - Consideration of Amendments to Chapter 36 of the Grand
Island City Code Relative to Zoning within the 2 Mile Extra-
Territorial Jurisdiction
This item relates to the aforementioned Public Hearing Item E-6.
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Page 1
ORDINANCE NO. 8976
An ordinance to amend Chapter 36 of the Grand Island City Code; to
amend Section 36-8 pertaining to definitions; to amend Section 36-26 pertaining to
projections from buildings; to amend Section 36-78 pertaining to Residential
Development Zone; to amend Section 36-96 pertaining to off-street parking restrictions;
to amend Section 36-97 pertaining to minimum of off-street parking and loading
requirements; to repeal Sections 36-8, 36-26, 36-78, 36-96, and 36-97 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 36-8 of the Grand Island City Code is hereby
amended to read as follows:
§36-8. Definitions
Abandonment shall mean to cease or discontinue a use or activity without intent to resume as
distinguished from short term interruptions such as during periods of remodeling, maintenance, or normal
periods of vacation or seasonal closure.
Abut, Abutting shall mean to border on, being contiguous with or have property or district lines
in common, including property separated by an alley.
Access or Access Way shall mean the place, means, or way by which pedestrians and vehicles
shall have safe, adequate and usable ingress and egress to a property or use as required by this chapter.
Accessory Building (see Building, accessory)
Accessory Living Quarters shall mean living quarters within an accessory building located on
the same premises with the main building, for use by temporary guests of the occupant of the premises,
such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
Accessory Structure shall mean a detached subordinate structure located on the same lot with the
principal structure, the use of which is incidental and accessory to that of the principal structure.
Accessory Use shall mean a use incidental, related, appropriate and clearly subordinate to the
main use of the lot or building, which accessory use does not alter the principal use of the subject lot or
affect other properties in the district.
Acreage shall mean any tract or parcel of land which does not qualify as a farm or development.
Adjacent shall mean near, close, or abutting; for example, an Industrial District across the street
or highway from a Residential District shall be considered as "Adjacent".
Adult Cabaret shall mean cabaret that features go-go dancers, exotic dancers, strippers, male or
female impersonators, or similar entertainers.
ORDINANCE NO. 8976 (cont.)
Page 2
Adult Companionship Establishment shall mean an establishment which provides the service of
engaging in or listening to conversation, talk or discussion between an employee of the establishment and a
customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
Adult Establishment shall mean any business which offers its patrons services or entertainment
characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to
"specified sexual activities" or "specified anatomical areas," including, but without limitation, to adult
bookstores, adult motion picture theaters, saunas, adult companionship establishments, adult health clubs,
adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotel or
motel, and adult body painting studios.
Adult Hotel or Motel shall mean a hotel or motel from which minors are specifically excluded
from patronage and wherein material is presented which is distinguished or characterized by an emphasis
on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
Adult Massage Parlor, Health Club shall mean a massage parlor or health club which restricts
minors by reason of age, and which provides the services of massage, if such service is distinguished or
characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
Adult Mini-Motion Picture Theater shall mean a business within an enclosed building with a
capacity for less than 50 persons used for presenting visual-media material if such business as a prevailing
practice excludes minors by virtue of age, or if said material is distinguished or characterized by an
emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for
observation by patrons therein.
Adult Motion Picture Arcade shall mean any place to which the public is permitted or invited
wherein coin or slug-operated or electronically, electrically or mechanically controlled still or motor picture
machines, projectors or other image-producing devices are maintained to show images to five or fewer
persons per machine at any one time, and where the images so displayed are distinguished or characterized
by an emphasis on depicting or describing "specified sexual activities" or "specified anatomical areas."
Adult Motion Picture Theaters shall mean a business within an enclosed building with a
capacity of 50 or more persons used for presenting visual media material if said business as a prevailing
practice excludes minors by virtue of age, or if said material is distinguished or characterized by an
emphasis on the depiction or description of "specified sexual activities" or "specified anatomical areas" for
observation by patrons therein.
Adult Novelty Business shall mean a business which has as a principal activity the sale of devices
which simulate human genitals or devices, which are designed for sexual stimulation.
Adult Sauna shall mean a sauna which excludes minors by reason of age, or which provides a
steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or
hot air as a cleaning, relaxing or reducing agent, if the service provided by the sauna is distinguished or
characterized by an emphasis on "specified sexual activ ities" or "specified anatomical areas."
Aesthetic Zoning shall mean zoning to accomplish a standard of exterior architectural appeal
and/or neighborhood harmony.
Agricultural and Farm Buildings and Structures shall mean any building or structure which is
necessary or incidental to the normal conduct of a farm including but not limited to residence of the
operator, residence of hired men, barns, buildings and sheds for housing livestock, poultry and farm
machinery, buildings for the storage or shelter of grain, hay and other crops, silos, windmills and water
storage tanks.
Agricultural Operations (see “Farming”)
Agriculture shall mean the use of land for agricultural purposes, of obtaining a profit by raising,
harvesting, and selling crops or by the feeding, breeding, management, and sale of, or the produce of,
livestock, poultry, fur-bearing animals, or honeybees, or for dairying and the sale of dairy products, or any
other agricultural or horticultural use. Agricultural use shall not be construed to include any parcel of land
of less than twenty acres or any non-agricultural commercial or industrial development.
ORDINANCE NO. 8976 (cont.)
Page 3
Airport shall mean any area which is used or is intended to be used for the taking off and landing
of aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for
airport buildings or facilities, including open spaces, taxiways, and tie-down areas.
Airport Hazard Zone consists of Operation Zones, Approach Zones, Turning Zones and
Transition Zones. The outer boundary of the Hazard Zone is composed of a series of connected tangents
and simple curves that also constitute the outer boundaries of the Approach and Turning Zones.
Alley shall mean a minor public service street or public thoroughfare 20 feet or less in width,
through a block of lots primarily for vehicular service access to the rear or side of properties otherwise
abutting on another street and to provide access to utility services located therein. Buildings facing an alley
shall not be construed as satisfying the requirements of this chapter related to frontage on a dedicated street.
Alteration shall mean any change, addition or modification in construction or occupancy of an
existing structure.
Alteration, Structural (see Structural alteration)
Amendment shall mean a change in the wording, context, or substance of this chapter, an addition
or deletion or a change in the district boundaries or classifications upon the zoning map.
Amusement Arcade shall mean a building or a part of a building where five or more pinball
machines, video games, or other similar player-orientated amusement devices are available and are
maintained for use.
Amusement Park shall mean a facility, primarily outdoors, that may include structures and
buildings, where there are various devices for entertainment, including rides, booths for the conduct of
games or sale of items, buildings for shows and entertainment, and restaurants and souvenir sales.
Animal Hospital shall mean a place where animals or pets are given medical or surgical treatment
and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding
and shall be only incidental to such hospital use.
Animals, Domestic (see Household pet)
Animal Unit (see Livestock Feeding Operation)
Animals, Farm shall mean livestock associated with agricultural operation, commonly kept or
raised as a part of a agricultural operation including but not limited to horses, cattle, sheep, swine, goats,
chickens and turkeys.
Antenna see definition in §36-169 of this chapter.
Antique Shops shall mean a place offering primarily antiques for sale. An antique for the purpose
of this chapter shall be a work of art, piece of furniture, decorative object, or the like, of belonging to the
past, at least 30 years old.
Apartment shall mean a room or a suite of rooms within an apartment house or multiple family
dwelling arranged, intended or designed for a place of residence of a single family or group of individuals
living together as a single housekeeping unit. (Also, see Dwelling Unit.)
Apartment House (see Dwelling, multiple family)
Appearance shall mean the outward aspect visible to the public.
Appropriate shall mean the sympathetic, or fitting, to the context of the site and the whole
commu nity.
Appurtenances shall mean the visible, functional objects accessory to and part of buildings.
Architectural Character see Architectural Concept
Architectural concept shall mean the basic aesthetic idea of a building, or group of buildings or
structures, including the site and landscape development that produces the architectural character.
Architectural feature shall mean a prominent or significant part or element of a building,
structure, or site. Architectural features may include special lines, massing, and/or texture.
(A) Lines shall mean visual elements of the building, either within the façade or on the building
edge, which are in a linear form either horizontally or vertically and may be composed of
masonry, glass, or other related materials .
(B) Mass shall pertain to the volume, bulk of a building or structure.
(C) Texture shall mean the quality of a surface, ranging from mirror finish, smooth, to coarse and
unfinished.
ORDINANCE NO. 8976 (cont.)
Page 4
Architectural style shall mean the characteristic form and detail, as of buildings of a particular
historic period.
Artisan Production Shop shall mean a building or portion thereof used for the creation of
original handmade works of art or craft items by more than three but less than six artists or artisans, as
either a principal or accessory use.
Artist Studio shall mean a place designed to be used, or used as, both a dwelling place and a place
of work by an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or
performance of fine arts such as, but not limited to, drawing, vocal or instrumental music, painting,
sculpture, and writing.
Attached Permanently shall mean attached to real estate in such a way as to require dismantling,
cutting away, unbolting from permanent foundation or structural change in such structure in order to
relocate it to another site.
Attractive shall mean having qualities that arouse interest and pleasure in the observer.
Automatic Teller Machine (ATM) shall mean an automated device that performs banking or
financial functions at a location remote from the controlling financial institution.
Automobile Wrecking Yard see Salvage Yard as defined herein.
Ballroom shall mean a place or hall used for dancing, other than those listed under the definition
of “Adult Cabaret”. Ballrooms may also be used for reunions, weddings and receptions.
Bar shall mean any establishment whose principal business is serving alcoholic beverages at retail
for consumption on the premises. (Also, see Nightclub.)
Beacon shall mean any light with one or more beams directed into the atmosphere or directed at
one or more points not on the same zone lot as the light source; also, any light with one or more beams that
rotate or move.
Bed and Breakfast Inn shall mean a house, or portion thereof, where short-term lodging rooms
and meals are provided. The operator of the inn shall live on the premises.
Bedroom shall mean a room within a dwelling unit planned and intended for sleeping, separable
from other rooms by a door or doorway.
Berm shall mean a raised form of earth to provide screening or to improve the aesthetic character.
Best Interests of Community shall mean interests of the community at large and not interest of
the immediate neighborhood.
Billboard shall mean an outdoor advertisement sign which directs attention to a business
commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the premises where
such sign is located or to which it is affixed.
Block shall mean a parcel of land platted into lots and bounded by public streets or by waterways,
right-of-ways, unplatted land, City-County boundaries, or adjoining property lines.
Block Frontage shall mean that section of a block fronting on a street between two intersecting
streets or other block boundary.
Board of Adjustment shall mean that board that has been created by the city and which has the
statutory authority to hear and determine appeals, interpretations of, and variances to the zoning
regulations.
Boarding or Rooming House shall mean a building containing a single dwelling unit and
provisions for not more than five (5) guests, where lodging is provided with or without meals for
compensation.
Brew-on Premises Store shall mean a facility that provides the ingredients and equipment for a
customer to use to brew malt liquor at the store. Brew-on-premises stores do not include the sale of
intoxicating liquor, unless the owner of the brew-on-premises store holds the appropriate liquor license.
Brew Pub shall mean a restaurant or hotel which includes the brewing of beer as an accessory use.
The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and
fermenting. By definition, these establishments produce no more than 10,000 barrels of beer or ale
annually. The area, by definition, used for brewing, including bottling and kegging, shall not exceed 25
percent of the total floor area of the commercial space.
ORDINANCE NO. 8976 (cont.)
Page 5
Brewery shall mean an industrial use that brews ales, beers, meads and/or similar beverages on
site. Breweries are classified as a use that manufactures more than 10,000 barrels of beverage (all
beverages combined) annually.
(A) Brewery, Craft shall mean a brew pub or a micro brewery.
(B) Brewery, Micro shall mean a facility for the production and packaging of malt beverages of
low alcoholic content for distribution, retail or wholesale, on or off premises, with a capacity
of not more than 10,000 barrels per year. The development may include other uses such as
standard restaurant, bar, or live entertainment as otherwise permitted in the zoning district.
Broadcasting Tower shall mean a structure for the transmission or broadcast of radio, television,
radar, or microwaves which exceeds the maximum height permitted in the district in which it is located;
provided, however, that noncommercial radio towers not exceeding one hundred (100) feet in height shall
not be considered broadcast towers.
Buffer shall mean a strip of land established to protect one type of land use from another
incompatible land use or between a land use and a private or public road. (Also, see Screening.)
Buffer Zone shall mean an area of land that separates two zoning districts and/or land uses that
acts to soften or mitigate the effects of one use on the other.
Building shall mean any structure built and maintained for the support, shelter or enclosure of
persons, animals, chattels, or property of any kind, but shall not include temporary buildings as defined in
"Structure, Temporary". Operable and licensed trailers, with wheels, shall not be considered as buildings.
Building Accessory shall mean any
detached subordinate building that serves a
function customarily incidental to that of the
main building or main use of the premises.
Customary accessory building includes farm
buildings, garages, carports, and small
storage sheds.
Building, Area of shall mean the
sum in square feet of the ground areas
occupied by all buildings and structures on a
lot.
Building Code shall mean the
various codes of the City that regulate
construction and requires building permits,
electrical permits, mechanical permits,
plumbing permits, and other permits to do
work regulated by the adopted building code
of the City, and other codes adopted by the
City that pertain to building construction.
Building, Height shall mean the
vertical distance measured from the
centerline of the improved street to the
highest point of a roof surface, if a flat roof,
to the deck line of mansard roofs, and to the
mean height level between eaves and ridge
for gable, hip, and gambrel roofs.
Building Inspector shall mean the
building inspectors for the City of Grand
Island, Nebraska.
ORDINANCE NO. 8976 (cont.)
Page 6
Building Principal shall mean a building within which the main or primary use of the lot or
premises is located. (Also, see Use, Principal.)
Building Setback Line shall mean the minimum of distance as prescribed by this chapter between
any property line and the closed point of the building wall line or face of any building or structure related
thereto.
Campground shall mean a parcel of land intended for the temporary occupancy of tents, campers,
and major recreational vehicles and which primary purpose is recreational, having open areas that are
natural in character.
Car Wash shall mean a building or structure or an area of land with machine or hand operated
facilities for the cleaning, washing, polishing, or waxing of motor vehicles, not including semi-trailer
tractors, buses, and commercial fleets.
Car Wash, Industrial shall mean a mechanical facility for the washing, waxing and vacuuming
of heavy trucks and buses.
Carport shall mean a permanent roofed structure with not more than two (2) enclosed sides used
or intended to be used for automobile shelter and storage.
Cellar shall mean a building space having more than one-half (1/2) of its height below the average
adjoining grade lines.
Cemetery shall mean land used or intended to be used for the burial of the dead and dedicated for
such purposes, including columbariums, crematoriums, and mausoleums.
Channel shall mean the geographical area within either the natural or artificial banks of a
watercourse or drainageway.
Charitable shall mean a public or semi -public institutional use of a philanthropic, charitable,
benevolent, religious, or eleemosynary character, but not including sheltering or caring of animals.
Child Care Center shall mean a facility licensed to provide child care for thirteen (13) or more
children. In addition to these regulations, Child Care Centers shall meet all requirements of the State of
Nebraska.
Church, Storefront shall mean a religious facility contained within a store or similar structure not
typically used for religious activities that are now used as a meeting place for a congregation. Structures
adapted for congregations including barns, stores, warehouses, old public buildings, and single-family
dwellings.
City shall mean the City of Grand Island, Nebraska.
Clear View Zone shall mean the area of a corner lot closest to the intersection that is kept free of
visual impairment to allow full view of both pedestrian and vehicular traffic. (Also see Sight Triangle.)
Club shall mean an association of persons (whether or not incorporated), religious or otherwise,
for a common purpose, but not including groups which are organized primarily to render a service carried
on as a business for profit.
ORDINANCE NO. 8976 (cont.)
Page 7
Cluster Development shall mean a
development designed to concentrate buildings in
specific areas on a site to allow the remaining land to
be used for recreation, common open space, and the
preservation of environmentally sensitive areas.
Code shall mean the Grand Island City Code.
Coffee Kiosk shall mean a retail food
business in a freestanding building that sells coffee, or
other beverages, and remade bakery goods from a
drive-through window to customers seated in their
automobiles for consumption off the premises and that
provides no indoor or outdoor seating.
Cohesiveness shall mean the unity of
composition between design elements of a building
and/or a group of buildings and the landscape
development.
Commercial Feeding Operation (See
Livestock Feeding Operation)
Commission shall mean the Hall County
Regional Planning Commission.
Common Area or Property shall mean a parcel or parcels of land, together with the
improvements thereon, the use and enjoyment of which are shared by the owners of the individual building
sites in a Planned Development or condominium development.
Community Center shall mean a place, structure, or other facility used for and providing
religious, fraternal, social, and/or recreational programs generally open to the public and designed to
accommodate and serve various segments of the community.
Community Sanitary Sewer System shall mean an approved central sewer collecting system,
meeting state and county requirements, available to each platted lot and discharging into a treatment
facility. This does not include individual septic systems.
Community Water Supply System shall mean a public water supply system which serves at least
fifteen service connections used by year round residents or uses, or regularly serves 25 or more year round
residents or uses.
Compatibility shall mean harmony in the appearance of two or more external design features in
the same vicinity.
Compatible Uses shall mean a land use which is congruous with, tolerant of, and has no adverse
effects on existing neighboring uses. Incompatibility may be affected by pedestrian or vehicular traffic
generation, volume of goods handled and environmental elements such as noise, dust, odor, air pollution,
glare, lighting, debris generated, contamination of surface or ground water, aesthetics, vibration, electrical
interference, and radiation.
Comprehensive Development Plan shall mean the Comprehensive Development Plan of Grand
Island, Nebraska as adopted by the City Council, setting forth policies for the present and foreseeable
future community welfare as a whole and meeting the purposes and requirements set forth in state statutes.
Conditional Use shall mean a use where allowed by the district regulations, that would not be
appropriate generally throughout the zoning district without restrictions, but which, if controlled as to
number, size, area, location, relationship to the neighborhood or other minimal protective characteristics
would not be detrimental to the public health, safety, and general welfare.
Conditional Use Permit shall mean a permit issued by the City Council that authorizes the
recipient to make conditional use of property in accordance with the provisions of Article 6 and any
additional conditions placed upon, or required by said permit.
Condominium shall be as defined in state statutes, whereby four or more apartments are
separately offered for sale.
Example of a Cluster Subdivision
ORDINANCE NO. 8976 (cont.)
Page 8
Confinement shall mean totally roofed buildings, which may be open-sided (for ventilation
purposes only) or completely enclosed on the sides, wherein animals or poultry are housed over solid
concrete or dirt floors, or slatted (partially open) floors over pits or manure collection areas in pens, stalls,
cages, or alleys, with or without bedding materials and mechanical ventilation. The word "confinement"
shall not mean the temporary confined feeding of livestock during seasonal adverse weather.
Conflicting Land Use shall mean the use of property which transfers over neighboring property
lines negative economic, or environmental effects, including, but not limited to, noise, vibration, odor, dust,
glare, smoke, pollution, water vapor, mismatched land uses and/or density, height, mass, mismatched
layout of adjacent uses, loss of privacy, and unsightly views.
Congregate Care Facility shall mean a long-term care facility exclusively for persons 60 years of
age or older, and which shall include, without limitation, common dining, social and recreational features,
special safety and convenience features designed for the needs of the elderly, such as emergency call
systems, grab bars and handrails, special door hardware, cabinets, appliances, passageways, and doorways
designed for residents including: meal services, transportation, housekeeping, linen, and organized social
activities.
Congregate Housing shall mean a residential facility for four or more persons fifty-five (55)
years of age or over, their spouses, or surviving spouses, providing living and sleeping facilities including
meal preparation, dining areas, laundry services, room cleaning and common recreational, social, and
service facilities for the exclusive use of all residents including resident staff personnel who occupy a room
or unit in the residential facility.
Conservation shall mean the protection and care that prevents destruction or deterioration of
historical or otherwise significant structures, buildings or natural resources.
Conservation Area shall mean environmentally sensitive and valuable lands protected from any
activity that would significantly alter their ecological integrity, balance or character, except in overriding
public interest, including but not limited to: wetlands, floodways, flood plains, drainage ways, river or
stream banks, and areas of significant biological productivity or uniqueness.
Conservation Easement shall mean an easement granting a right or interest in real property that
is appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded
condition and retaining such areas as suitable habitat for fish, plants, or wildlife, or maintaining existing
land uses or preserving the ability said land to be used for specific purposes such as on site wastewater
treatment systems.
Convenience Store shall mean a one-story, retail store that is designed and stocked to sell
primarily food, beverages, and other household supplies to customers who purchase only a relatively few
items (in contrast to a "supermarket.") It is dependent on, and is designed to attract and accommodate large
volumes of stop-and-go traffic. (Also, see self-service Station.)
Contiguous shall mean the same as "Abut".
Copy Center shall mean a retail establishment that provides duplicating services using
photocopying, blueprint, and offset printing equipment, and may include the collating and binding of
booklets and reports.
Country Club shall mean a land area and buildings containing golf courses, riding arenas, fishing
or hunting facilities and/or similar facilities, a clubhouse, and customary accessory uses, open only to
members and their guests.
Court shall mean an open, unoccupied space, other than a yard, on the same lot with a building or
buildings and abounded on three (3) or more sides by such buildings.
Cul-de-Sac shall mean a short public way that has only one outlet for vehicular traffic and
terminates in a vehicular turn-around.
Curve Lot see "Lot, Curve".
Dairy Farm shall mean any place or premises upon which milk is produced for sale or other
distribution.
Density shall mean the number of dwelling units per acre of land allowable on a given tract or
parcel of land.
Detention Cell shall mean a facility for the temporary storage of stormwater runoff.
ORDINANCE NO. 8976 (cont.)
Page 9
Developer shall mean any person, corporation, partnership, or entity that is responsible for any
undertaking that requires a building or zoning permit, conditional use permit or sign permit.
Development shall mean any manmade change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or
drilling operations for which necessary permits may be required.
Development Concept Plan (See Site Plan.)
Development Review shall mean the review, by the city of subdivision plats, site plans, rezoning
requests, or permit review.
District shall mean any defined area within the jurisdiction of the governmental entity that is
designed to allow specific uses and structures as defined in the corresponding textual portion of the
regulation.
Dog Kennel (See Kennel, commercial; and Kennel, private.)
Domestic Animals (See Household Pet.)
Downzoning shall mean a change in zoning classification of land to a less intensive or more
restrictive district such as from commercial district to residential district or from a higher density to a lower
density residential district.
Drive -In Facility shall mean an establishment where customers can be served without leaving the
confinement of their vehicle.
Driveway shall mean any vehicular access to an off-street parking or loading facility.
Dump shall mean a place used for the disposal, abandonment, discarding by burial, incineration,
or by any other means for any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals.
Such use shall not involve any industrial or commercial process.
Duplex shall mean the same as "Dwelling, Two (2) Family".
Dwelling Any building or portion thereof which is designed and used exclusively for single family
residential purposes.
Dwelling, Farmstead shall mean any single family dwelling unit / residence associated with a
farming operation either on a separate tract of land or located as a part of the larger operation area.
Dwelling, Manufactured Home A factory-built structure which is to be used as a place for
human habitation, which is not constructed or equipped with a permanent hitch or other device allowing it
to be moved other than to a permanent site, which does not have permanently attached to its body or frame
any wheels or axles, and which bears a label certifying that it was built in compliance with standards
promulgated by the United States Department of Housing and Urban Development.
Dwelling, Modular (Is considered a conventional type single-family dwelling). Any prefabricated
structure, used for dwelling purposes, moved on to a site in an essentially complete constructed condition,
in one or more parts, and when completed is a single family unit on a permanent foundation, attached to the
foundation with permanent connections. To be a modular home it shall meet or be equivalent to the
construction criteria as defined by the Nebraska State Department of Health and Human Services under the
authority granted by Section 71-1555 through 71-1567 Revised Statutes of Nebraska 1943, in addition to
any amendments thereto.
Dwelling, Multiple shall mean a building or buildings designed and used for occupancy by three
(3) or more families, all living independently of each other and having separate kitchen and toilet facilities
for each family.
Dwelling, Seasonal shall mean a dwelling designed and used as a temporary residence and
occupied less than six months in each year.
Dwelling, Single Family is a building having accommodations for or occupied exclusively by one
family which meet all the following standards:
(A) The home shall have no less than nine hundred (900) square feet of floor area, above grade,
for single story construction;
(B) The home shall have no less than an eighteen (18) foot exterior width;
(C) The roof shall be pitched with a minimum vertical rise of two and one-half (2 1/2) inches for
each twelve (12) inches of horizontal run;
ORDINANCE NO. 8976 (cont.)
Page 10
(D) The exterior material is of a color, material and scale comparable with those existing in
residential site-built, single family construction;
(E) The home shall have a non-reflective roof material that is or simulates asphalt or wood
shingles, tile, or is a standing seam residential grade steel material, or rock;
(F) The home shall be placed on a continuous permanent foundation and have wheels, axles,
transporting lights, and removable towing apparatus removed, and
(G) The home shall meet and maintain the same standards that are uniformly applied to all single-
family dwellings in the zoning district.
(H) Permanent foundation: continuous perimeter base on which building rests to be constructed
from either poured concrete, laid masonry block, brick or all-weather wood foundation on a
footing to be placed a minimum of thirty-six (36) inches below the final ground level.
Dwelling, Single-Family (Attached) shall mean a one-family dwelling unit that is attached to one
additional single-family dwelling. Said dwelling units are separated by an unpierced common wall through
the structure that also sits along the property line separating ownership of the structure.
Dwelling, Two (2) Family shall mean a building designed or used exclusively for the occupancy
of two (2) families living independently of each other and having separate kitchen and toilet facilities for
each family.
Dwelling Unit One room, or rooms connected together, constituting a separate, independent
housekeeping establishment for owner occupancy or lease on a weekly, monthly, or longer basis, and
physically separate from any other rooms or dwelling units which may be in the same structure, and
containing independent cooking, toilet and sleeping facilities.
Easement shall mean a right to use a parcel of land, granted to the general public, utility,
corporation or person(s) for a specific purpose or purposes.
Educational Institution shall mean a public or nonprofit institution or facility which conducts
regular academic instruction at preschool, kindergarten, elementary, secondary, and collegiate levels,
including graduate schools, universities, junior colleges, trade schools, nonprofit research institutions and
religious institutions. Such institutions must either: (1) Offer general academic instruction equivalent to
the standards established by the State Board of Education; or (2) Confer degrees as a college or university
or undergraduate or graduate standing; or (3) Conduct research; or (4) Give religious instruction. Private
schools, academies, or institutes incorporated or otherwise, which operate for a profit, commercial, or
private trade schools are not included in this definition.
Eleemosynary Institution shall mean any building or group of buildings devoted to and
supported by charity.
Encroachment shall mean an advancement or intrusion beyond the lines or limits as designated
and established by this chapter, and to infringe or trespass into or upon the possession or right of others
without permission.
Enlargement shall mean the expansion of a building, structure, or use in volume, size, area,
height, length, width, depth, capacity, ground coverage, or in number.
Environmentally Controlled Housing shall mean any livestock operation meeting the definition
of a Livestock Feeding Operation (LFO) and is contained within a building which is roofed, and may or
may not have open sides and contains floors which are hard surfaced, earthen, slatted or other type of floor.
The facility is capable of maintaining and regulating the environment in which the livestock are kept.
Erected shall mean constructed upon or moved onto a site.
Existing and Lawful shall mean the use of a building, structure, or land was in actual existence,
operation, and use, as compared to the use being proposed, contemplated, applied for, or in the process of
being constructed or remodeled. In addition, the use must either have been permitted, authorized, or
allowed by law or any other applicable regulation prior to the enactment of a zoning regulation when first
adopted or permitted, authorized or allowed by the previous zoning regulation prior to the adoption of an
amendment to that zoning regulation.
Expressway shall mean a street or road that provides fast and efficient movement of large
volumes of vehicular traffic between areas and does not provide direct access to property.
ORDINANCE NO. 8976 (cont.)
Page 11
Exterior building component shall mean an essential and visible part of the exterior of a
building.
External design feature shall mean the general arrangement of any portion of a building, sign,
landscaping, or structure and including the kind, color, and texture of the materials of such portion, and the
types of roof, windows, doors, lights, attached or ground signs, or other fixtures appurtenant to such
portions as will be open to public view from any street, place, or way.
Extra Territorial Jurisdiction shall mean the area beyond the corporate limits, in which the City
has been granted the powers by the state to exercise zoning and building regulations and is exercising such
powers.
Facade shall mean the exterior wall of a building exposed to public view from the building's
exterior.
Factory shall mean a structure or plant within which something is made or manufactured from
raw or partly wrought materials into forms suitable for use.
Family shall mean a household head and one or more persons related to the head by blood,
marriage or adoption living together in a single dwelling unit.
Family Child Care Home I shall mean a child care operation in the provider’s place of residence
which serves between four (4) and eight (8) children at any one time. A Family Child Care Home I
provider may be approved to serve no more than two (2) additional school-age children during non-school
hours. In addition to these regulations, a Child Care Home shall meet requirements of the State of
Nebraska.
Family Child Care Home II shall mean a child care operation either in the provider’s place of
residence or a site other than the residence, serving twelve (12) or fewer children at any one time. In
addition to these regulations, a Child Care Home shall meet requirements of the State of Nebraska.
Farm shall mean an area containing at least twenty (20) acres or more which is used for growing
of the usual farm products such as vegetables, fruit, and grain, and the storage on the area, as well as for the
raising thereon of the usual farm poultry and farm animals. The term farming includes the operating of such
area for one or more of the above uses with the necessary accessory uses for treating or storing the produce
and the feeding of livestock as hereinafter prescribed; provided such accessory uses do not include the
feeding of garbage or offal to swine or other animals.
Farming shall mean the planting, cultivating, harvesting and storage of grains, hay or plants
commonly grown in Nebraska with the necessary accessory uses for treating or storing the produce and the
feeding of livestock as prescribed hereunder, provided such accessory uses do not include the feeding of
garbage or offal to swine or other animals.
Farmstead In contrast to a farmstead dwelling, a tract of land of not less than 1 acre and not more
than 20 acres, upon which a farm dwelling and other outbuildings and barns existed as of August 1, 2004,
and was used for single-family resident purposes.
Feed Lot shall mean the confinement of horses, sheep, pigs, and other food animals in buildings,
lots, pens, pools or ponds which normally are not used for raising crops or for grazing animals.
Fence shall mean a structure serving as an enclosure, barrier or boundary.
(A) Fence, Open shall mean a fence, including gates, which has, for each one foot (1’) wide
segment extending over the entire length and height of fence, fifty percent (50%) or more of
the surface area in open spaces which affords direct views through the fence.
(B) Fence, Solid shall mean any fence that does not qualify as an open fence.
Flood see definition in §36-128 of this chapter.
Flood Plain see definition in §36-128 of this chapter.
Floodway see definition in §36-128 of this chapter.
Floor Area whenever the term "floor area" is used in this chapter as a basis for requiring off-street
parking for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only
to the ground floor area but also to any additional stories of said structure. All horizontal dimensions shall
be taken from the exterior faces of walls.
ORDINANCE NO. 8976 (cont.)
Page 12
Food Sales shall mean establishments or places of business primarily engaged in the retail sale of
food or household products for home consumption. Typical uses include groceries, delicatessens, meat
markets, retail bakeries, and candy shops.
Frontage shall mean that portion of a parcel of property which abuts a dedicated public street or
highway.
Garage, Private shall mean a detached accessory building or a portion of a main building on the
same lot as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.
Garage, Public shall mean any garage other than a private garage.
Garage, Repair shall mean a building designed and used for the storage, care, repair, or
refinishing of motor vehicles including both minor and major mechanical overhauling, paint, and body
work as a commercial business (Also, see Service Station).
Garbage shall mean any waste food material of an animal or vegetable nature, including that
which may be used for the fattening of livestock.
Gated Communities shall mean residential areas that restrict access to normally public spaces.
These are subdivisions of usually high-end houses. The type of gates can range from elaborate guard
houses to simple electronic arms.
Grade shall mean the average of the finished ground level at the center of all walls of a building.
In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the
sidewalk.
Grand Island Fee Schedule shall mean the fee schedule adopted and maintained by the City of
Grand Island, which establishes the required fees to be collected for various City services.
Graphic element shall mean a letter, illustration, symbol, figure, insignia, or other device
employed to express and illustrate a message or part thereof.
Greenhouse shall mean a building or premises used for growing plants, preparation of floral
arrangements for off-site delivery to customers, cold storage of flowers or dry storage of materials used for
agricultural or horticultural purposes.
Greenway shall mean a parcel or parcels of land, together with the improvements thereon,
dedicated as an easement for access and/or recreation; usually a strip of land set aside for a walkway,
bicycle trail, bridal path, or other similar access-way.
Ground Cover shall mean plant material used in landscaping which remains less than twelve (12)
inches in height at maturity. (Also, see Landscaping.)
Ground Water shall mean water occurring beneath the surface of the ground that fills available
openings in the rock or soil materials such that they may be considered saturated.
Group Care Home shall mean a home which is operated under the auspices of an organization
which is responsible for providing social services, administration, direction, and control for the home which
is designed to provide twenty-four hour care for individuals in a residential setting.
Group Home for the Disabled shall mean a dwelling with resident staff shared by four or more
handicapped persons who live together as a single housekeeping unit and in a long term, family-like
environment in which staff persons provide care, education, and participation in community activities for
the residents with the primary goal of enabling the residents to live as independently as possible in order to
reach their maximum potential. As used herein, the term "disabled" shall mean having:
(A) A physical or mental impairment that substantially limits one or more of such person's major
life activities so that such person is incapable of living independently;
(B) A record of having such an impairment; or
(C) Being regarded as having such impairment.
Handicap shall not include current, illegal use of or addiction to a controlled substance as defined in state
statutes .
Group Housing shall mean two or more separate buildings on a lot, each containing one or more
dwelling units.
Guest Room shall mean a room which is designed to be occupied by one (1) or more guest for
sleeping purposes, having no kitchen facilities, not including dormitories.
ORDINANCE NO. 8976 (cont.)
Page 13
Half-Story shall mean a story under a gable, hip or gambrel roof, plates of which are not mo re
than three (3) feet above the floor of such story.
Halfway House shall mean a licensed home for individuals on release from more restrictive
custodial confinement or initially placed in lieu of such more restrictive custodial confinement, living
together as a single housekeeping unit, wherein supervision, rehabilitation and counseling are provided to
mainstream residents back into society, enabling them to live independently.
Hard Surfaced shall mean any surface used for movement of vehicular and / or pedestrians which
is properly designed and paved with a permanent type, dust-free surface such as asphalt, concrete, or
paving brick.
Harmony shall mean a quality that represents an appropriate and congruent arrangement of parts,
as in an arrangement of varied architectural and landscape elements.
Hazardous Waste shall mean waste products of industrial or chemical process including finished
surplus, used, contaminated, or unwanted fertilizer, herbicide, petroleum products, or other such processed
waste material that requires special handling treatment , and disposal methods.
Health Club shall mean privately owned for profit facilities such as gymnasiums, athletic clubs,
health clubs, recreational clubs, reducing salons, and weight control establishments.
Health Recreation Facility shall mean an indoor or outdoor facility including uses such as game
courts, exercise equipment, locker rooms, whirlpool spa and/or sauna and pro shop.
Hedge shall mean a plant or series of plants, shrubs or other landscape material, so arranged as to
form a physical barrier or enclosure.
Height of Building see definition of Building Height herein.
Holding Pond shall mean an impoundment made by constructing an excavated pit, dam,
embankment, or combination of these for temporary storage of liquid livestock wastes.
Home for the Aged (see Long-Term Care Facility)
Home Improvement Center shall mean a facility engaged in the retail sale of various basic
hardware lines, such as tools, builders’ hardware, paint and glass, housewares and household appliances,
garden supplies, and cutlery.
Home Occupation shall mean an “in-home” or “home based” or entrepreneurial business
operating from a residential dwelling within the extra-territorial jurisdiction of the City of Grand Island.
Home occupations are considered accessory uses to properties in all zoning districts.
Homeowners Association shall mean a private, nonprofit corporation or association of
homeowners of properties in a fixed area, established for the purpose of owning, operating, and
maintaining various common properties and facilities.
Hotel shall mean a building or portion thereof, or a group of buildings, offering transient lodging
accommodations on a daily rate to the general public and providing services associated with restaurants,
meeting rooms, and recreational facilities. The word "hotel" includes motel, inn, automobile court, motor
inn, motor lodge, motor court, tourist court, motor hotel.
Household Pet shall mean an animal that is customarily kept for personal use or enjoyment within
the home. Household pet shall include but not be limited to domestic dogs, domestic cats, domestic tropical
birds, fish, and rodents.
Housing for the Elderly shall mean a multi-family structure, controlled by either a public entity,
private for profit, institutional body, or non-profit corporation. The facility houses predominantly persons
62 years of age or older.
Impervious Surface shall mean a surface that has been compacted or covered with a layer of
material making the surface highly resistant to infiltration by water, such as rock, gravel, or clay and
conventionally surfaced streets, roofs, sidewalks, parking lots, and driveways.
Incidental Use shall mean a use, which is subordinate to the main use of a premise.
Independent (restricted) Housing shall mean a residential facility limited to persons 62 years of
age and over, or disabled persons.
Industry shall mean the manufacture, fabrication, processing reduction or destruction of any
article, substance or commodity, or any other treatment thereof in such a manner as to change the form,
ORDINANCE NO. 8976 (cont.)
Page 14
character, or appearance thereof and including storage elevators, truck storage yards, warehouses,
wholesale storage and other similar types of enterprise.
Infill Development shall mean the construction of a building or structure on a vacant parcel
located in a predominately built up area.
Infill Site shall mean any vacant lot, parcel, or tract of land within developed areas of the city,
where at least 80 percent of the land within a 300-foot radius of the site has been developed, and where
water, sewer, streets, schools, and fire protection have already been constructed or are provided.
Institutional Building shall mean a public and public/private group use of a nonprofit nature,
typically engaged in public service (i.e. houses of worship, nonprofit cultural centers, charitable
organizations).
Intensity shall mean the degree to which land is used referring to the levels of concentration or
activity in uses ranging from uses of low intensity being agricultural and residential to uses of highest
intensity being heavy industrial uses. High intensity uses are normally uses that generate concentrations of
vehicular traffic and daytime population and are less compatible with lower intensive uses.
Intent and Purpose shall mean that the Commission and Council by the adoption of this
Regulation, have made a finding that the health, safety, and welfare of the Community will be served by the
creation of the District and by the regulations prescribed therein.
Juice Bar (See Adult Establishment.)
Junk shall be any worn-out, cast-off, old, or discarded articles of scrap, copper, brass, iron, steel,
rope, rags, batteries, paper, trash, rubber, debris, waste, dismantled or wrecked automobiles, or parts
thereof, and other old or scrap ferrous or nonferrous material.
Junk Yard shall definition of Salvage Yard herein.
Kennel, Boarding and Training shall mean any lot or premises on which three (3) or more dogs,
cats or non-farm/non-domestic or any combination of five (5) or more thereof, at least four (4) months of
age, are boarded, bred, or trained for a fee.
Kennel, Commercial shall mean an establishment where three (3) or more dogs, cats, or other
household pets, or non-farm/non-domestic or any combination of five (5) or more thereof, at least four (4)
months of age are groomed, bred, boarded, trained, or sold as a business.
Kennel, Private shall mean the keeping, breeding, raising, showing or training of four or more
animals over six months of age for personal enjoyment of the owner or occupants of the property, and for
which commercial gain is not the primary objective.
Lagoon shall mean a wastewater treatment facility which is a shallow, artificial pond where
sunlight, bacterial action, and oxygen interact to restore wastewater to a reasonable state of purity. This
includes both human and livestock wastes. All lagoons shall meet the minimum design criteria established
by the Nebraska Department of Environmental Quality and the Nebraska Department of Health and Human
Services. All lagoons shall have the proper permits approved prior to starting construction.
Land Use Plan shall mean the same as Comprehensive Development Plan.
Landfill shall mean a disposal site employing a method of disposing solid wastes in a manner that
minimizes environmental hazards in accordance with state and federal requirements.
Landscape shall mean plant materials, topography, and other natural physical elements combined
in relation to one another and to man-made structures.
Landscaping shall include the original planting of suitable vegetation in conformity with the
requirements of this Regulation and the continued maintenance thereof.
Large Box Retail shall mean a singular retail or wholesale user that occupies no less than 30,000
square feet of gross floor area. These uses typically include: membership wholesale clubs emphasizing in
large bulk sales, discount stores, pharmacies, grocery stores, especially warehouse style point of sale
concepts and department stores.
Laundry, Self Service shall mean an establishment that provides home-type washing, drying,
and/or ironing facilities for customers on the premises.
Life Care Facility shall mean a facility for the transitional residency of the elderly and/or disabled
persons, progressing from independent living to congregate apartment living where residents share
ORDINANCE NO. 8976 (cont.)
Page 15
common meals and culminating in full health and continuing care nursing home facility. (Also, see
Congregate Housing and Housing for the Elderly.)
Light Cut-Off Angle shall mean an angle from vertical, extending downward from a luminaries,
which defines the maximum range of incident illumination outward at the ground plane.
Limits of Grading shall mean the outermost edge of the area in which the existing topography is
to be altered by cutting and/or filling.
Liquids Manure shall mean that type of livestock waste that is in liquid form, collected in liquid
manure pits or lagoons and which can be sprayed or injected beneath the surface.
Liquid Manure Storage Pits shall mean earthen or lined pits wholly or partially beneath a semi
or totally housed (ECH) livestock operation or at some removed location used to collect waste production.
Livestock (See Animals, Farm.)
Livestock Feeding Operation (LFO) shall mean any farming operation exceeding the per acre
Animal Unit (A.U.) ratio as defined under “farming” or the feeding, farrowing, or raising cattle, swine,
sheep, poultry, or other livestock, in a confined area where grazing is not possible, and where the confined
area is for more than six (6) months in any one calendar year, and where the number of animals so
maintained exceeds three hundred (300) Animal Units as defined below. The confined area of the livestock
feeding operation shall include the pens, corrals, sheds, buildings, feed storage areas, waste disposal ponds,
and related facilities. Such facilities shall be constructed and operated in conformance with applicable
county, state, and federal regulations. Two (2) or more livestock feeding operations under common
ownership are deemed to be a single livestock feeding operation if they are adjacent to each other or if they
utilize a common area of system for the disposal of livestock wastes. Animal Units (A.U.) are defined as
follows:
One (1) A.U.= One (1) Cow/Calf combination
One (1) A.U.= One (1) Slaughter, Feeder Cattle;
One (1) A.U.= One-half (1/2) Horse;
One (1) A.U.= Seven Tenths (.7) Mature Dairy Cattle;
One (1) A.U.= Two and One Half (2.5) Swine (55 pounds or more);
One (1) A.U.= Twenty Five (25) Weaned Pigs (less than 55 pounds);
One (1) A.U.= Two (2) Sows with Litters;
One (1) A.U.= Ten (10) Sheep;
One (1) A.U.= One Hundred (100) Chickens;
One (1) A.U.= Fifty (50) Turkeys;
One (1) A.U.= Five (5) Ducks.
Livestock Wastes shall mean animal and poultry excreta and associated feed losses, bedding,
spillage, or overflow from watering systems, wash and flushing waters, sprinkling waters from livestock
cooling, precipitation polluted by falling on or flowing onto a livestock operation, and other materials
polluted by livestock or their direct product.
Loading Space shall mean an off-street space or berth on the same lot with a main building, or
contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or
unloading, and which abuts a street, alley, or other appropriate means of ingress and egress.
Logic of Design shall mean accepted principles and criteria of validity in the solution of the
problem of design.
Long-Term Care Facility shall mean a facility as defined in Title 15, Chapter 3 Nebraska
Department of Health and Human Services and Neb. Rev. Stat. Section 71-2017.01. These facilities
include:
Nursing facilities
Boarding home
Adult Care Home
Assisted Living Facility
Center for the Developmentally Disabled
Group Residence
Swing Bed
ORDINANCE NO. 8976 (cont.)
Page 16
Adult Day Care
Lot shall mean a parcel or tract of land which is or may be occupied by a use herein permitted,
together with yards, and other open spaces herein required, that has frontage upon a street, and is a part of a
recorded subdivis ion plat or has been recorded prior to April 22, 1968, or a parcel of real property
delineated on an approved record of survey, lot-split or sub-parceling map as filed in the office of the
County Register of Deeds and abutting at least one (1) public street or right-of-way.
Lot Area shall mean the total area, on a horizontal plane, within the lot lines of a lot.
Lot, Corner shall mean a lot located at the intersection of two (2) or more streets at an angle of
not more than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five
(135) degrees, the lot shall be considered an "Interior Lot".
Lot Coverage shall mean the portion of a lot or building site which is occupied by any building or
structure, excepting paved areas, and walks, regardless of whether said building or structure is intended for
human occupancy or not.
Lot, Curve shall mean a lot fronting on the outside curve of the right-of-way of a curved street,
which street has a centerline radius of three hundred (300) feet or less.
Lot Depth shall mean the horizontal distance between the front and rear lot lines measured in the
mean direction of the side lot lines.
Lot, Double Frontage shall mean a lot having a frontage on two non-intersecting streets as
distinguished from a corner lot.
Lot, Flag shall mean a lot with frontage and access provided to the bulk of the lot by means of a
narrow corridor. The measurement of the actual lot frontage shall be made along the widest portion of the
lot along the line parallel to the street.
Lot, Frontage shall mean the side of a lot abutting on a legally accessible street right-of-way
other than an alley or an unimproved county road. For the purposes of this definition, on corner lots, all
sides of a lot adjacent to streets or roads shall be considered frontage.
ORDINANCE NO. 8976 (cont.)
Page 17
Lot, Key shall mean a lot: (1) abutting the entire length of at least one of its side lot lines, either
directly or across an alley, the rear lot line of any other lot; or (2) situated between two such key lots.
Lot, Interior shall mean a lot other than a corner lot.
Lot Line shall mean the property line bounding a lot.
(A) Lot Line, Front shall mean the property line abutting a street.
(B) Lot Line, Rear shall mean a lot line not abutting a street which is opposite and most distant
from the front lot line.
(C) Lot Line, Side shall mean any lot line not a front lot line or rear lot line.
Lot, Nonconforming shall mean a lot having less area or dimension than that required in the
district in which it is located and which was lawfully created prior to the zoning thereof whereby the larger
area or dimension requirements were established, or any lot, other than one shown on a plat recorded in the
office of the Hall County Register of Deeds, which does not abut a public road or public road right-of-way
and which was lawfully created.
Lot Through shall mean a lot having frontage on two (2) dedicated streets, not including a corner
lot.
Lot of Record shall mean a lot held in separate ownership as shown on the records of the Hall
County Register of Deeds at the time of the passage of a regulation or regulation establishing the zoning
district in which the lot is located.
Lot Width shall mean the average horizontal distance between the side lot line, measured at right
angles to the lot depth at a point midway between the front and rear lot lines.
Manufactured Home Park shall mean a parcel of land under single ownership that has been
planned and improved for the placement of manufactured housing used or to be used for dwelling purposes
and where manufactured home spaces are not offered for sale or sold. The term "manufactured home park"
does not include sales lots on which new or used manufactured homes are parked for the purposes of
storage, inspection, or sale.
Manufactured Home Subdivision shall mean any area, piece, parcel, tract or plot of ground
subdivided and used or intended to be used for the purpose of selling lots for occupancy by manufactured
homes.
Manufacturing shall mean uses primarily engaged in the mechanical or chemical transformation
of materials or substances into new products. These uses are usually described as plants, factories, or mills
and characteristically use power driven machines and materials handling equipment. Uses engaged in
assembling component parts of manufactured products are also considered manufacturing if the new
product is neither a structure nor other fixed improvement. Also included is the blending of material such
as lubricating oils, plastics, resins, or liquors. Manufacturing production is usually carried on for the
wholesale market, for interplant transfer, or to order for industrial users, rather than for direct sale to the
domestic consumer.
Map, Official Zoning shall mean a map delineating the boundaries of zoning districts which,
along with the zoning text, is officially adopted by the Grand Island City Council as "The Official Zoning
Map of the City of Grand Island, Nebraska."
Massage Establishment shall mean any building, room, place, or establishment other than a
regularly licensed and established hospital or dispensary where non-medical or non-surgical manipulative
exercises or devices are practiced upon the human body manually or otherwise by any person other than a
licensed physician, surgeon, dentist, occupational and/or physical therapist, chiropractor, or osteopath with
or without the use of therapeutic, electrical, mechanical, or bathing device. Said establishment shall comply
with all state regulations.
Massage Parlor (See Adult Massage Parlor.)
Mechanical Equipment shall mean equipment, devices, and accessories, the use of which relates
to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.
Mini-Storage or Mini-Warehouse (See Self-Service Storage Facility.)
Miscellaneous Structures shall mean structures, other than buildings, visible from public ways.
Examples are: memorials, stagings, antennas, water tanks and towers, sheds, shelters, fences, and walls,
kennels, transformers, drive-up facilities.
ORDINANCE NO. 8976 (cont.)
Page 18
Mixed Use shall mean properties where various uses, such as office, commercial, institutional,
and residential, are combined in a single building or on a single site in an integrated development project
with significant functional interrelationships and a coherent physical design.
Mobile Home Park (See Manufactured Home Park.)
Mobile Home Subdivision (See Manufactured Home Subdivision.)
Monotony shall mean repetitive sameness, lacking variety and variation, and/or reiteration.
Motel (See Hotel.)
Motor Vehicle shall mean every self-propelled land vehicle, not operated upon rails, except
mopeds and self-propelled invalid chairs.
Nebraska Revised Reissued Statutes, 1943 and the abbreviated term Nebr. R. R. S., 1943 are
one and the same.
Nightclub shall mean a commercial establishment dispensing beverages for consumption on the
premises and in which dancing is permitted or entertainment is provided, except as defined under Adult
Cabaret. (Also, see Bar.)
Non-Agricultural Land shall mean any tract, parcel or lot that is used for any purpose that does
not meet the definition of Agriculture in this section.
Non-community Water Supply System shall mean any public water supply system that is not a
community water supply system.
Non-Conforming Building shall mean a building or portion thereof which was lawful when
established but which does not conform to subsequently established zoning or zoning regulations.
Non-Conforming Use shall mean a use lawful when established but which does not conform to
subsequently established zoning or zoning regulation.
Non-Farm Buildings are all buildings except those buildings utilized for agricultural purposes on
a farmstead of twenty acres or more which produces one thousand dollars or more of farm products each
year.
Nursery shall mean the use of a premises for the propagation, cultivation, and growth of trees,
shrubs, plants, vines, and the like from seed or stock, and the sale thereof, and including the sale of trees,
shrubs, plants, vines, and the like purchased elsewhere and transplanted into the soil of the premises. In
connection with the sale of plants, such fungicides, insecticides, chemicals, peat moss, humus, mulches,
and fertilizers as are intended to be used in preserving the life and health of the plants may be sold.
Nursing Home see Congregate Care Facility
Nursery School see Preschool
Office shall mean a building or a portion of a building wherein services are performed involving,
primarily, administrative, professional, or clerical operations.
Official Map (See Map, Official Zoning District.)
Off-Street Parking Area or Vehicular Use shall refer to all off street areas and spaces designed,
used, required, or intended to be used for parking, including driveways or access ways in and to such areas.
Open Lots shall mean pens or similar concentrated areas for livestock, including small shed-type
areas or open-front buildings, with dirt, or concrete (or paved or hard) surfaces, wherein animals or poultry
are substantially or entirely exposed to the outside environment except for possible small portions affording
some protection by windbreaks or small shed-type areas.
Open Space shall mean a parcel or parcels of land, together with the improvements thereon,
primarily set aside for recreational use and enjoyment, exclusive of land areas used for streets, alleys,
roads, driveways, parking areas, structures, and buildings.
Open Space, Common shall mean a separate and distinct area set aside as open space within or
related to a development, and not on individually owned lots or dedicated for public use, but which is
designed and intended for the common use or enjoyment of the residents of the development. Rights-of-
way, private streets, driveways, parking lots or other surfaces designed or intended for vehicular use or
required yards shall not be included as common open space.
Outlot shall mean a lot remnant or parcel of land left over after platting, which is intended as open
space or other use, for which no building permit shall be issued for any private structure. Typically uses are
limited within the subdivision agreement and/or plat.
ORDINANCE NO. 8976 (cont.)
Page 19
Overlay District shall mean a district in which additional requirements act in conjunction with the
underlying zoning district. The original zoning district designation does not change.
Owner shall mean one or more persons, including corporations, who have title to the property,
building or structure in question.
Paintball shall mean all guns and other devices used for the purpose of firing pellets containing a
latex paint at a person or target.
Paintball Course, Commercial shall mean a commercial recreational park containing obstacle
courses for the purpose of staging paintball battles. Said facility generally collects a fee, either as
membership or on a visit by visit basis, that allows individuals to participate in paintball activities.
Parcel shall mean a lot or a contiguous group of lots in single ownership or under single control,
which may be considered as a unit for purposes of development.
Park shall mean any public or private land available for recreational, educational, cultural, or
aesthetic use.
Parking Area, Private shall mean an area, other than a street, used for the parking of motor
vehicles capable of moving under their own power and restricted from general public use.
Parking Area, Public shall mean an area, other than a private parking area or street used for the
parking of vehicles capable of moving under their own power, either free or for remuneration.
Parking Space, Automobile shall mean an area, other than a street or alley, reserved for the
parking of an automobile, such space having an area of not less than 180 square feet and no dimension of
less than nine (9) feet, plus such additional area as is necessary to afford adequate ingress and egress.
Parkway shall mean an arterial highway with full or partial control of access, and located within a
park or ribbon of park like development.
Performance Guarantee shall mean a financial guarantee to ensure that all improvements,
facilities, or work required by this chapter will be completed in compliance with these regulations as well
as with approved plans and specifications of a development.
Permanent Foundation shall mean a base constructed from either poured concrete, laid masonry
rock, brick, or all-weather wood and placed on a footing located below ground level to a point below the
frost line upon which a building or structure is permanently attached.
Permanent Tree Protection Devices shall be structural measures, such as retaining walls or
aeration devices that are designed to protect the tree and its root systems throughout its lifetime.
Permanently Attached shall mean connected to real estate in such a way as to require
dismantling, cutting away, or unbolting in order to remove, relocate, or replace.
Permitted Use shall mean any land use allowed without condition within a zoning district.
Person shall mean an individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, City, County, special district or any
other group or combination acting as an entity, except that it shall not include Grand Island, Nebraska.
Pet Shop shall mean a retail establishment primarily involved in the sale of domestic animals,
such as dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses,
cattle, goats, sheep and poultry.
Planned Unit Development shall mean a development designed to provide for an unusual or
different arrangement of residential, business, or industrial uses in accordance with an approved
development plan.
Planning Commission shall mean the Hall County Regional Planning Commission.
Plant Materials shall mean trees, shrubs, vines, ground covers, grass, perennials, annuals, and
bulbs.
Plat shall mean a map showing the location, boundaries, and legal description of individual
properties, including street rights-of-way, public utility easements, etc.
Policy shall mean a statement or document of the City, such as the comprehensive plan, that forms
the basis for enacting legislation or making decisions.
Poultry, Commercial Feeding shall mean a poultry commercial feed lot, whether the confined
feeding operations are enclosed or outdoors.
ORDINANCE NO. 8976 (cont.)
Page 20
Premises shall mean a tract of land, consisting of one lot or irregular tract, or more than one lot or
irregular tract, provided such lots or tracts are under common ownership, contiguous, and used as a single
tract. A building or land within a prescribed area.
Preschool shall mean an early childhood program which provides primarily educational services,
where children do not nap and where children are not served a meal.
Private Well shall mean a well that provides water supply to less than fifteen (15) service
connections and regularly serves less than twenty-five (25) individuals.
Prohibited Use shall mean any use of land, other than nonconforming, which is not listed as a
permitted use or conditional use within a zoning district.
Proportion shall mean a balanced relationship of parts of a building, landscape, structures, or
buildings to each other and to the whole.
Protected Zone shall mean all lands that fall outside the buildable areas of a parcel, all areas of a
parcel required to remain in open space, and/or all areas required as landscaping strips according to the
provisions of this chapter.
Public Utility shall mean any business which furnishes the general public telephone service,
telegraph service, electricity, natural gas, water and sewer, or any other business so affecting the public
interest as to be subject to the supervision or regulation by an agency of the state or federal government.
Public Water Supply shall mean a water supply system designed to provide public piped water fit
for human consumption, if such system has at least fifteen (15) service connections or regularly serves at
least twenty-five individuals. This definition shall include: (1) Any collection, treatment, storage, or
distribution facilities under the control of the operator of such system and used primarily in connection with
such system; and (2) Any collection or pretreatment storage facilities not under such control which are used
primarily in the connection with such system.
Railroad shall mean the land use including the right-of-way (R.O.W.) abutting railroad properties
occupied by uses pertinent to the railroad operation and maintenance, but not including properties owned
by the railroad and leased for use by others.
Recreational Facility shall mean facilities for the use by the public for passive and active
recreation including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer,
skating, swimming, or golf. This shall include country clubs and athletic clubs, but not facilities accessory
to a private residence used only by the owner and guests, nor arenas or stadiums used primarily for
spectators to watch athletic events. In addition, recreational facilities shall mean museums, amphitheaters,
race tracks (including all motor powered vehicles) and wildlife conservation areas (used for public
viewing), and theme parks.
Recreational Vehicle (RV) shall mean a vehicular unit less than forty (40) feet in overall length,
eight (8) feet in width, or twelve (12) feet in overall height, primarily designed as a temporary living
quarters for recreational camping or travel use having either its own power or designed to be mounted on or
drawn by a motor vehicle. Recreational vehicle includes motor home, truck camper, travel trailer, camping
trailer, and fifth wheel.
Recreational Vehicle (RV) Park shall mean a tract of land upon which two or more recreational
vehicle sites are located, established, or maintained for occupancy by recreational vehicles of the general
public as temporary living quarters for recreation or vacation purposes by campers, vacationers, or
travelers.
Residence shall mean a building used, designed, or intended to be used as a home or dwelling
place for one (1) or more families.
Restaurant shall mean a public eating establishment at which the primary function is the
preparation and serving of food primarily to persons seated within the building.
(A) Restaurant, Drive-In shall mean an establishment that has the facilities to serve prepared
food and/or beverages to customers seated within motor vehicles for consumption either on or off
the premises.
(B) Restaurant, Entertainment shall mean an establishment where food and drink are prepared,
served, and consumed, within a building or structure that integrally includes electronic and
ORDINANCE NO. 8976 (cont.)
Page 21
mechanical games of skill, simulation, and virtual reality, play areas, video arcades or similar uses,
billiards, and other forms of amusement.
(C) Restaurant, Fast Food shall mean an establishment whose principal business is the sale of
food and/or beverages in ready-to-consume individual servings, for consumption either within the
establishment, for carryout, or drive-in; and where food and/or beverages are usually served in
paper, plastic, or other disposable containers.
Retail Trade shall mean uses primarily engaged in selling merchandise for personal or household
consumption and rendering services incidental to the sale of goods. Uses engaged in retail trade sell
merchandise to the general public or to households for personal consumption.
Retention Cell shall mean a pond, pool, or basin used for the permanent storage of stormwater
runoff.
Reverse Spot Zoning shall mean an arbitrary zoning or rezoning of a small tract of land that is
not consistent with the comprehensive land use plan and that uniquely burdens an individual owner largely
to secure some public benefit. Reverse spot zoning usually results from downzoning a tract of land to a
less intensive use classification than that imposed on nearby properties.
Rezoning shall mean an amendment to or change in the zoning regulations either to the text or
map or both.
Rezoning, Piecemeal shall mean the zoning reclassification of individual lots resulting in
uncertainty in the future compatible development of the area.
Right-of-Way shall mean an area or strip of land, either public or private, on which an irrevocable
right of passage has been dedicated, recorded, or otherwise legally established for the use of vehicles or
pedestrians or both.
Road shall mean the same as "Street".
Road, Private shall mean a way, other than driveways, open to vehicular ingress and egress
established for the benefit of certain, adjacent properties. (Also, see right-of-way and Street.)
Road, Public shall mean a public right-of-way reserved or dedicated for street or road traffic.
(Also, see right-of-way and Street.)
Room shall mean an un-subdivided portion of the interior of a dwelling unit, excluding bathroom,
kitchen, closets, hallways, and service porches.
Salvage Yard shall mean any building, lot, yard or premise used for the collection, processing,
salvage, storage, bailing or shipping of junked vehicles, vehicle parts, paper, cardboard, glass, plastic,
metals, rags, scrap materials, junk, or material similar to those listed herein.
Satellite Dish Antenna shall mean a round, parabolic antenna incorporating a reflective surface
that is solid, open mesh, or bar configured and is in the shape of a shallow dish, or cone and used to
transmit and/or receive radio or electromagnetic waves.
Scale shall mean a proportional relationship of the size of parts to one another and to the human
figure.
School, Day shall mean a preschool or nursery school for children.
School, Day, Pre-, or Nursery shall mean a school or center for children under school age,
whether licensed as a day care center or not, shall be approved by the Nebraska State Fire Marshall as
being in safety conformance with the National Fire Protection Association, Pamphlet 101, known as the
Life Safety Code and shall be approved by the Nebraska Department of Health and Welfare as meeting
their health and welfare standards.
Screening shall mean a structure or planting that conceals from view from public ways the area
behind such structure or planting.
Selective Clearing shall be the careful and planned removal or trees, shrubs, and plants using
specific standards and protection measures.
Self-Service Station shall mean an establishment where motor fuels are stored and dispensed into
the fuel tanks of motor vehicles by persons other than the service station attendant and may include
facilities available for the sale of other retail products.
Self-Service Storage Facility shall mean a building or group of buildings containing individual,
compartmentalized, and controlled access stalls or lockers for storage.
ORDINANCE NO. 8976 (cont.)
Page 22
Separate Ownership shall mean ownership of a parcel of land by a person who does not own any
of the land abutting such parcel.
Service Stations shall mean buildings and premises where the primary use is the supply and
dispensing at retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where light
maintenance activities such as engine tune-ups, lubrications, and washing may be conducted, but not
including heavy maintenance and repair such as engine overhauls, painting, and body repair.
Setback Line, Front Yard shall mean the line which defines the depth of the required front yard.
Said setback line shall be parallel with the right-of-way line or highway setback line when one has been
established.
Setback Line, Rear Yard or Side Yard shall mean the line which defines the width or depth of
the required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom
by the perpendicular distance prescribed for the yard in the district.
Shopping Center shall mean a group of commercial establishments planned, constructed, and
managed as a total entity with customer and employee parking provided on-site, provisions for goods
delivery that is separated from customer access, aesthetic considerations, and protection from the elements.
Shopping Center, Commercial Strip shall mean a commercial development, usually one store
deep, that fronts on a major street for a distance of one city block or more. Includes individual buildings on
their own lots, with or without on-site parking and small linear shopping centers with shallow on-site
parking in front of the stores.
Shopping Center, Outlet shall mean a commercial development that consists mostly of
manufacturers’ outlet stores selling their own brands at a discounted price. This definition includes all
forms of centers, such as strip style, enclosed mall style, and village clustered style centers.
Shrub shall mean a multi-stemmed woody plant other than a tree.
Sidewalk Cafe shall mean an area adjacent to a street level eating or drinking establishment
located adjacent to the public pedestrian walkway and used exclusively for dining, drinking, and pedestrian
circulation. The area may be separated from the public sidewalk by railings, fencing, or landscaping or a
combination thereof.
Sight Triangle is an area at a street intersection in which nothing shall be erected, placed, planted,
or allowed to grow in such a manner as to materially impede vision. The area and restrictions of the sight
triangle are further defined in Chapter 32 of this code.
Sign Base shall mean any decorative, functional element extending upward from grade to the start
of the sign.
Similar Use shall mean the use of land, buildings, or structures of like kind or general nature with
other uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion,
function, public services requirements, aesthetics or other similarities
Site Break shall mean a structural or landscape device to interrupt long vistas and create visual
interest in a site development.
Site Plan shall mean a plan, prepared to scale, showing accurately and with complete
dimensioning, the boundaries of a site and the location of all buildings, structures, uses, drives, parking,
drainage, landscape features, and other principal site development improvements for a specific parcel of
land.
Site, Septic shall mean the area bounded by the dimensions required for the proper location of the
septic tank system.
Skate, In-Line shall mean a boot-type device, which is placed on an individual’s feet. In-line
skates contain wheels on the bottom of the boot, which are attached in linear fashion.
Skate Park shall mean a recreational facility containing skateboard ramps and other obstacle
courses and devices for use with skateboards and in-line skates.
Skateboard shall mean a foot board mounted upon four or more wheels and is usually propelled
by the user who sometimes stands, sits, kneels, or lays upon the device while it is in motion.
Skateboard Pipe shall mean an outdoor structure which is shaped into a half circle or oval, that
are designed and principally intended to permit persons on skateboards to move continuously from one side
to the other.
ORDINANCE NO. 8976 (cont.)
Page 23
Skateboard Ramp shall mean an outdoor structure with an upward inclined surface, essentially
one of the sides of a pipe, which are designed and principally intended to permit persons on skateboards to
move from horizontal to vertical and back to horizontal.
Sludge shall mean solids removed from sewage during wastewater treatment and then disposed of
by incineration, dumping, burial, or land application.
Solid Waste shall mean waste materials consisting of garbage, trash, refuse, rubble, sewage, offal,
dead animals, or paunch manure.
Specified Anatomical Areas shall mean anatomical areas consisting of less than completely and
opaquely covered human genitals, buttock, or female breast(s) below a point immediately above the top of
the areola.
Specified Sexual Activities shall mean sexual activities prohibited by state law.
Spot Zoning shall mean an arbitrary zoning or rezoning of a small tract of land that is not
consistent with the comprehensive land use plan and primarily promotes the private interest of the owner
rather than the general welfare. Spot zoning usually results from an upzoning to a more intensive use
classification.
Standard System shall mean a sewage treatment system employing a building sewer, septic tank,
and a standard soil absorption system.
State shall mean the State of Nebraska.
Storage shall mean the keeping, in a roofed or unroofed area, of any goods, junk, material,
merchandise, or vehicles on the same tract or premises for more than thirty (30) days.
Storm Drain shall mean a conduit that carries natural storm and surface water drainage but not
sewage and industrial wastes, other than unpolluted cooling water.
Stormwater Detention shall mean any storm drainage technique that retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells, or
any combination thereof. Said detention shall be designed by a licensed professional engineer and approved
by the City.
Stormwater Management shall mean the collecting, conveyance, channeling, holding, retaining,
detaining, infiltrating, diverting, treating, or filtering of surface water, or groundwater, and/or runoff,
together with applicable managerial (non-structural) measures.
Stormwater Runoff shall mean surplus surface water generated by rainfall that does not seep into
the earth but flows over land to flowing or stagnant bodies of water.
Story, One-Half shall mean the same as "Half-Story".
Street shall mean a public thoroughfare or right-of-way dedicated, deeded, or condemned for use
as such, other than an alley, which affords the principal means of access to abutting property including
avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except as excluded in
this chapter.
Street, Arterial shall mean a street of considerable continuity connecting various sections of the
City, designated as an arterial street on the official street plan of the City.
Street, Collector shall mean a street or highway that is intended to carry traffic from minor streets
to major streets. Collector streets are usually the principal entrance streets to residential developments and
the streets for circulation within the development as designated in the Comprehensive Development Plan.
Street, Curvilinear shall mean local streets that deviate from straight alignment and change
direction without sharp corners or bends.
Street, Local shall mean a street designed for local traffic that provides direct access to abutting
residential, commercial, or industrial properties.
Street, Looped shall mean a continuous local street without intersecting streets and having its two
(2) outlets connected to the same street.
Streets, Major shall mean a street or highway used primarily for fast or high volume traffic,
including expressways, freeways, boulevards, and arterial streets as designated in the Comprehensive
Development Plan.
ORDINANCE NO. 8976 (cont.)
Page 24
Street, Private shall mean an open, unoccupied space, other than a street or alley dedicated to the
public, but permanently established as the principal means of vehicular access to abutting properties. The
term "private street" includes the term "place."
Street, Side shall mean that street bounding a corner or reversed corner lot and which extends in
the same general direction as the line determining the depth of the lot.
Street Centerline shall mean the centerline of a street right-of-way as established by official
surveys.
Street Frontage shall mean the distance for which a lot line of a zone lot adjoins a public street,
from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
Street, Frontage Access shall mean a street parallel and adjacent to a major street, major inter-
regional highway, or major collection road and primarily for service to the abutting properties, and being
separated from the major street by a dividing strip.
Street Hardware shall mean man-made objects other than buildings that are part of the
streetscape. Examples are: lamp posts, utility poles, traffic signs, benches, litter containers, planting
containers, letter boxes, fire hydrants.
Street Line shall mean a dividing line between a lot, tract, or parcel of land and the contiguous
street.
Streetscape shall mean the scene as may be observed along a public street or way composed of
natural and man-made components, including buildings, paving, plantings, street hardware, and
miscellaneous structures.
Structure shall mean anything constructed or built, any edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite manner, which
requires location on the ground or is attached to something having a location on the ground, including
swimming and wading pools and covered patios, signs and towers, excepting outdoor areas such as paved
areas, walks, tennis courts, and similar recreation areas.
Structure, Temporary shall mean a structure without any foundation or footing and removed
when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Structural, Alteration shall mean any change in the support members of a building, such as in a
bearing wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations,
piles, or retaining walls or similar components.
Subdivision shall mean the division of a lot, tract, or parcel of land into two (2) or more lots, sites,
or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building
development, provided that the smallest lot created by the division is less than ten (10) acres in size.
Surface Waters shall mean all waters within the jurisdiction of this state, including all streams,
lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, springs, canal systems,
drainage systems, and all other bodies or accumulations of water, natural or artificial, public or private,
situated wholly or partly within or bordering upon the state.
Tanning Studio shall mean any business that uses artificial lighting systems to produce a tan on
an individual’s body. These facilities may be either a stand-alone business or as an accessory use in spas,
gymnasiums, athletic clubs, health clubs, and styling salons. This use is not included with any type of adult
establishment.
Tattoo Parlor / Body Piercing Studio shall mean an establishment whose principal business
activity is the practice of tattooing and/or piercing the body of paying customers.
Tavern (See Bar.)
Temporary Use shall mean a use intended for limited duration to be located in a zoning district
not permitting such use.
Theater shall mean a building or structure used for dramatic, operatic, motion pictures, or other
performance, for admission to which entrance money is received and no audience participation or meal
service.
Tower see definition in §36-169 of this chapter.
ORDINANCE NO. 8976 (cont.)
Page 25
Townhouse shall mean a one-family dwelling unit, with a private entrance, which part of a
structure whose dwelling units are attached horizontally in a linear arrangement, and having a totally
exposed front and rear wall to be used for access, light, and ventilation.
Trailer, Automobile see definition in §22-1 of this code.
Truck Repair shall mean the repair, including major mechanical and body work, straightening of
body parts, painting, welding, or other work that may include noise, glare, fumes, smoke, or other
characteristics to an extent greater than normally found in gasoline service stations, of trucks having a
hauling capacity of over one (1) ton and buses but excluding pickups and other vehicles designed for the
transport of under eight (8) passengers.
Upzoning shall mean a change in zoning classification of land to a more intensive or less
restrictive district such as from residential district to commercial district or from a single family residential
district to a multiple family residential district.
Use shall mean the purpose or activity for which land or buildings are designed, arranged, or
intended or for which land or buildings are occupied or maintained.
Use, Best shall mean the recommended use or uses of land confined in an adopted comprehensive
plan. Such use represents the best use of public facilities, and promotes health, safety and general welfare.
Use, Highest shall mean an appraisal or real estate market concept that identifies the use of a
specific tract of land that is most likely to produce the greatest net return on investment.
Use, Permitted shall mean any land use allowed without condition within a zoning district.
Use, Principal shall mean the main use of land or structure, as distinguished from an accessory
use. (Also, see Building, Principal.)
Use, Prohibited shall mean any use of land, other than nonconforming, which is not listed as a
permitted use or conditional use within a zoning district.
Utilitarian Structure shall mean a structure or enclosure relating to mechanical or electrical
services to a building or development.
Utility Easement shall mean the same as "Easement".
Utility Hardware shall mean devices such as poles, crossarms, transformers and vaults, gas
pressure regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and
electrical services to a building or a project.
Utilities, Overhead or Underground "Local Distribution" System of shall mean the local
service distribution circuit or lines and related appurtenances served from a substation, town border station,
reservoir, or terminal facility which is served from a main supply line, main transmission line, or main
feeder line as may be applicable to electric, communications, gas, fuel, petroleum, fertilizer, or other
chemical utilities. Local electric distribution systems shall be limited to include all lines and appurtenances
carrying a primary voltage of less than 161 KV from an electric transformer substation to the consumer.
The local telephone distribution system shall be limited to include the local exchange lines, the local toll
lines, and the local communications equipment facilities structure.
Utilities, Overhead or Underground "Transmission Line, Supply Line, Wholesale Carrier or
Trunk Line, Main Feeder Line" or other applicable designation shall mean the main supply or feeder line
serving a local distribution system of utilities, and shall include but is not limited to pumping stations,
substations, regulating stations, generator facilities, reservoirs, tank farms, processing facilities, terminal
facilities, towers, and relay stations, and treatment plants.
Utility Service shall mean any device, including wire, pipe, and conduit, which carries gas, water,
electricity, oil, wastewater and communications into a building or development.
Variance shall mean a relief from or variation of the provisions of this chapter, other than use
regulations, as applied to a specific piece of property, as distinct from rezoning.
Vegetation shall mean all plant life; however, for purposes of this chapter it shall be restricted to
mean trees, shrubs, and vines.
Vehicle shall mean every device in, upon, or by which any person or property is or may be
transported or drawn upon a highway, excepting devices moved solely by human power or used exclusively
upon stationary rails or tracks.
Vehicle, Motor (See Motor Vehicle.)
ORDINANCE NO. 8976 (cont.)
Page 26
Warehouse shall mean a building used primarily for the storage of goods and materials.
Warehouse and Distribution shall mean a use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment.
Waste Handling System shall mean any and all systems, public or private, or combination of said
structures intended to treat human or livestock excrement and shall include the following types of systems :
(A) Holding pond shall mean an impoundment made by constructing an excavated pit, dam,
embankment or combination of these for temporary storage of liquid livestock wastes, generally
receiving runoff from open lots and contributing drainage area.
(B) Lagoon shall mean an impoundment made by constructing an excavated pit, dam,
embankment or combination of these for treatment of liquid livestock waste by anaerobic, aerobic
or facultative digestion. Such impoundment predominantly receives waste from a confined
livestock operation.
(C) Liquid manure storage pits shall mean earthen or lined pits located wholly or partially
beneath a semi or totally housed livestock operation or at some removed location used to collect
waste production.
(D) Sediment shall mean a pond constructed for the sole purpose of collecting and containing
sediment.
Wastewater Lagoon (See Lagoon.)
Waters of the State shall mean all waters within the jurisdiction of this state, including all
streams, lakes, ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs,
irrigation systems, drainage systems, and all other bodies or accumulations of water surface or
underground, material or artificial, public or private, situated wholly within or bordering upon the state.
Wetland shall mean an area that is inundated or saturated by surface water or ground water at a
frequency and duration sufficient to support, and that, under normal circumstances, does support, a
prevalence of vegetation typically adapted for life in saturated soiled conditions, commonly known as
hydrophytic vegetation.
Wholesale Establishment shall mean an establishment for the on-premises sale of goods
primarily to customers engaged in the business of reselling the goods.
Wholesale Trade shall mean a use primarily engaged in selling merchandise to retailers; to
industrial, commercial, institutional, farm or professional business users; or to other wholesalers; or acting
as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. The
principal types of establishments included are: Merchant wholesalers; sales branches and sales offices (but
not retail stores) maintained by manufacturing enterprises apart from their plants for the purpose of
marketing their products; agents, merchandise or commodity brokers, and commission merchants;
petroleum bulk storage, assemblers, buyers, and associations engaged in cooperative marketing of farm
products. The chief functions of uses in wholesale trade are selling goods to trading establishments, or to
industrial, commercial, institutional, farm and professional; and bringing buyer and seller together. In
additional to selling, functions frequently performed by wholesale establishments include maintaining
inventories of goods; extending credit; physically assembling, sorting and grading goods in large lots,
breaking bulk and redistribution in smaller lots; delivery; refrigeration; and various types of promotion
such as advertising and label designing.
Yard shall mean any open space on the same lot with a building or a dwelling group, which open
space is unoccupied and unobstructed from the ground upward to the sky, except for building projections or
for accessory buildings or structures permitted by this chapter.
Yard, Front shall mean a space between the front yard setback line and the front lot line or
highway setback line, and extending the full width of the lot. On corner lots, the front yard shall always be
on the narrow side of the lot.
Yard, Rear shall mean a space between the rear yard setback line and the rear lot line, extending
the full width of the lot.
Yard, Side shall mean a space extending from the front yard, or from the front lot line where no
front yard is required by this chapter, to the rear yard, or rear lot line, between a side lot line and the side
yard setback line.
ORDINANCE NO. 8976 (cont.)
Page 27
Zone Lot shall mean a parcel of land in single ownership that is of sufficient size to meet
minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open
spaces as required by this chapter.
Zoning Official shall mean the person or persons authorized and empowered by the city to
administer and enforce the requirements of this chapter.
Zoning District shall mean the same as "District".
Zoning District, Change of shall mean the legislative act of removing one (1) or more parcels of
land from one (1) zoning district and placing them in another zoning district on the Official Zoning Map.
Approved as to Form ¤ ___________
May 18, 2005 ¤ City Attorney
Example of possible Lot
Configurations and Yard
Requirements
ORDINANCE NO. _____ (Cont.)
- 29 -
SECTION 2. Section 36-26 of the Grand Island City Code is hereby amended to
read as follows:
§36-26. Projections from Buildings
(A) Cornices, eaves, canopies, belt courses, sills, ornamental features, and other similar architectural
features may project not more than one (1) foot into any required yard or into any required open space, except that
eaves may encroach three (3) feet into a yard when such yard is ten (10) feet or more in width, provided that such
required yard or open space meets the current minimum yard standards.
(B) As a part of single and two family residences, open uncovered porches or decks no higher than the first
floor above grade on the side of the building to which they are appurtenant and in no event higher than 30 26 inches
above grade of the lot on the side of the structure where such porch or deck is located, may extend:
(1) Three (3) feet into any side yard that otherwise meets minimum side yard requirements
provided that the other side yard also meets such minimum side yard requirements and remains free of
encroaching structures of any kind; and that said new encroachment meets all separation requirements
between structures as determined in the City’s Building Code, except gated fences providing access to the
rear yard.
(2) Six (6) feet into a front yard provided that the front yard otherwise meets minimum front yard
requirements and provided further: (a) that in no event may such porch or deck cover more than 60 square
feet of the required front yard or extend beyond the side walls of the building structure, and (b) front decks
or porches shall not be higher than thirty (30) inches above ground and no higher than the first floor, except
that on homes with front entryways at first floor level but driveway cuts and garage floors at basement
level, there may be constructed a veranda-type uncovered deck or porch extending from the front deck or
porch over the garage door or doors, which extended area shall be at the same elevation and shall have
bracing as required by the Building Department, and (c) covered porches, built of materials of the same or
similar nature as the roof of the principal structure may be allowed with eaves not to exceed twelve (12)
inches.
(4) Safety railings shall be installed as per the City’s Building Code and as approved by the
Building Department.
(5) One-half (1/2) of the distance into the required rear yard, but in no event closer than five (5)
feet to any property line.
(C) Provided further, that no railing or other barrier shall be placed around such deck or porch in a rear yard
or side yard and no such barrier which interferes appreciably (more than twenty-five (25) percent) with the passage
of light or air shall be constructed within the required front yard or within five (5) feet of any side or rear yard lot
line. Any such deck or porch when located on a lot at the intersection of two (2) streets or a street and an alley, shall
comply with the provisions designed to ensure proper sight distances as set forth in this code for fences and hedges.
Any side yard on a corner lot when such yard is twenty (20) feet or more in width, may be considered as a front yard
for purposes of determining permitted encroachments as provided herein.
(D) Vertical supports shall meet the City’s Building Code.
SECTION 3. Section 36-78 of the Grand Island City Code is hereby amended to
read as follows:
§36-78. (RD) Residential Development Zone
(A) Intent: The intent of this zoning district is to permit a more flexible regulation of land use, and so as to more
fully implement comprehensive planning for large parcels of land proposed predominantly for residential use.
ORDINANCE NO. _____ (Cont.)
- 30 -
(B) Boundaries: The boundaries of RD-Residential Development Zone shall be fixed by amendment of the Official
Zoning Map at such times in the future as such zoning district is applied to properties within the City's zoning
jurisdiction.
(C) Limitations:
(1) In a (RD) Residential Development Zone there shall be provided a minimum size of 1.5 acres.
(2) Any proposed development shall be constructed in accordance with an overall plan of development.
(3) Any proposed plan of development shall be designed as a single architectural scheme with appropriate
common landscaping.
(4) Adequate parking space shall be provided for all residential units and for all employee's, visitor's, and user's
vehicles, and such parking, loading, or service areas that shall be used for motor vehicles, and shall be located
within the boundary lines of the (RD) Residential Development Zone, and shall be physically separated from
any public street, right-of-way, or property line by a buffer strip of not less than 30 feet.
(5) No residential building or other permanent residential structure, nor parking lot, shall be located within 30
feet of any public street, right-of-way, or property line.
(6) The maximum ground coverage shall not exceed 30 percent of the property each site within the (RD)
Residential Development Zone.
(7) The minimum off-street parking requirement shall be two parking spaces for every dwelling unit, plus one
for each full-time employee.
(8) In the alternative to complying with the 30 foot buffer strip or setback as identified in subsections (4) and (5)
above, a ten (10) foot wide landscaped screen compliant with the installation requirements of Section 36-102
shall be followed.
(D) Ownership: A (RD) Residential Development Zone shall require a tract of land which is developed as a unit
under single designated control by a common ownership at the time it is certified as an (RD) Residential
Development Zone.
(E) Permitted Principal Uses: The following principal uses are permitted in the (RD) Residential Development
Zone.
(1) Uses as listed under permitted principal uses of the (TA) Transitional Agricultural Zone, (R-1) Suburban
Residential Zone, (R-2) Low Density Residential Zone, (R-3) Medium Density Residential Zone, and (R-4)
High Density Residential Zone except as listed under specifically excluded uses.
(2) Nonprofit community buildings and social welfare establishments other than those providing living
accommodations.
(F) 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 (RD) Residential Development
Zone as approved by City Council.
(1) Towers
(G) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal use
(H) Specifically Excluded Uses:
(1) Railway right-of-way, including railway yards or facilities.
(2) Truck, bush, and tree farming.
(3) Boarding and lodging housing, fraternity and sorority houses.
(4) Nonprofit community buildings and social welfare establishments providing living accommodations.
(5) Nonresidential uses.
(I) Procedure:
(1) An application to establish a (RD) Residential Development Zone shall be initiated in the manner prescribed
in Article X of this chapter.
(2) Said application shall be filed with the city clerk in such form as shall be required by the city council and
shall be accompanied by the following information:
(a) Site plan showing preliminary location and dimensions of all building areas, recreation, green or
landscaped areas, parking and loading facilities, walkways or malls, screen walls, or plantings, waste
disposal areas, illumination facilities, signs, curb cuts, utilities and services, private or dedicated drives or
streets, etc.
(b) Preliminary drawings or renderings in sufficient detail so that the character of the development may be
determined.
ORDINANCE NO. _____ (Cont.)
- 31 -
(c) Evidence as to the methods of retaining, maintaining, and protecting the open space, green areas,
recreational facilities, etc.
(d) Development schedule as to construction phases of buildings, open space, recreational areas, parking
facilities, etc., and estimated completion time.
(e) Evidence of ownership or control of the entire parcel to be used as a planned unit development by a
single person, association, firm, etc., as defined herein.
(f) Evidence of economic feasibility. A copy of such application and supplementary information shall then
be forwarded by the city clerk to the Planning Commission for review, hearing, and recommendation.
(3) In reviewing the application for amendment herein, the Planning Commission shall determine the following
factors.
(a) That the proposed development will be in the public interest, in harmony with the purpose of this
chapter and with comprehensive plans for the City, and will not adversely affect nearby property.
(b) That adequate, safe, and convenient pedestrian and vehicular trafficways and facilities are provided.
(c) That the development to be permitted shall be for the purpose of developing an integrated site plan in
conformity with the regulations for a (RD) Residential Development Zone.
(4) The Planning Commission shall hold a public hearing on the proposed amendment and shall transmit its
recommendation to the city council. A copy of the recommendation shall be sent to the applicant and one copy
shall be retained in the permanent files of the Planning Commission.
(5) Procedure and action by the city council shall be the same in considering an amendment to the (RD)
Residential Development Zone as in Article X of this chapter.
(J) Miscellaneous Provisions:
(1) It is intended that plans required for review and approval must be in a form that will satisfy the requirements
of Chapter 33 of this code for both the preliminary and final plat, and that approval for plans and plats be
considered simultaneously.
(2) The approved and filed final plan and plat shall be the basis for issuance of a building permit in conformity
therewith. Plan changes which increase the number of buildings, increase building height or bulk, or change the
location of buildings or other features which materially affect the basic design of the development shall require
resubmission of the amendment. Minor adjustments in orientation, height or bulk of buildings, or decrease in
the number of buildings may be approved by the Planning Director.
(3) Should any successful applicant for an amendment hereunder fail to have completed the construction of the
footings and foundations for the initial building permit within eighteen (18) months after the city council shall
approve a rezoning to a (RD) Residential Development Zone, the area in its entirety shall be reverted to its
former zoning classification by appropriate action of the city council, provided, that the city council shall have
the power to extend said period by six months in the event of special and unique hardships and circumstances.
(4) Control of the development following completion:
(a) The chief building official shall issue a certificate certifying the completion of the planned
development, and shall note the issuance of the certificate on the final development plan.
(b) After the certificate of completion has been issued, the use of land and the construction, modification,
or alteration of any buildings or structures within the residential development will be governed by the
approved final development plan exclusively.
(c) After the certificate of completion has been issued, no changes may be made in the approved final
development plan except upon application to the appropriate agency under the procedures provided below.
(i) Any minor extensions, alterations, or modifications of existing buildings or structures may be
authorized by the Planning Director if they are consistent with the purposes and intent of the final plan.
No change authorized by this subsection may increase the density of any building or structure by more
than ten percent.
(ii) A building or structure that is totally or substantially destroyed may be reconstructed only in
compliance with the final development plan unless an amendment to the final development plan is
approved under subsection (iii) hereof.
(iii) All other changes in the final development plan as approved by the city council must be made by
the city council under the procedures authorized under Article X of this chapter. No changes may be
made in the final development plan unless they are found by the city council to be required for the
continued successful functioning of the residential development, or unless they are found by the city
ORDINANCE NO. _____ (Cont.)
- 32 -
council to be required by changes in conditions that have occurred since the final plan was approved or
by changes in the comprehensive planning and development policy of the City.
SECTION 4. Section 36-96 of the Grand Island City Code is hereby amended to
read as follows:
§36-96. Off-Street Parking Requirements
(A) Purposes:
(1) It is the intent of this section that all buildings and uses shall provide off-street parking and loading
facilities in a minimum amount as required herein to meet the needs of such buildings and uses on private
property and under the same ownership as such buildings or uses. The accommodations may consist of lots,
garages, or other buildings, and accessories; they may be surface facilities or facilities above or under the
ground.
(2) It is the further intent of this section that all off-street parking and loading spaces and facilities shall be
sited and built according to the requirements contained in this section, and shall require an application for and
issuance of a building permit pursuant to §8-22.
(B) Application. Each building or use hereafter constructed, and each addition to or altered building or use shall be
provided with off-street parking and loading spaces as required herein. Each off-street parking space or loading
facility and space hereafter constructed, upon proper application and permit being granted shall be sited and
constructed pursuant to the requirements of this section. No application for a building permit for such building,
addition, alteration, or use shall be approved unless accompanied by a plot plan showing the location and amount of
off-street parking and loading spaces as required herein for the existing or proposed building or use and including all
such additions or alterations. No occupancy or use permit shall be issued unless the required parking and loading
facilities shall have been provided in accordance with the approved plot plan. Requirements shall be applicable to all
zones and districts but not to include the following business districts:
(1) Central Business District as identified and described in Chapter 13 of this code as the Downtown
Improvement and Parking District No. 1.
(2) Fourth Street Business District. Beginning at the intersection of Eddy Street and the alley in the block
between Fourth and Fifth Streets; thence easterly on the alley to the intersection of the alley with Sycamore
Street; thence southerly on Sycamore Street to 100 feet south of the south right-of-way line of North Front
Street; thence westerly on the aforesaid line to its intersection with Eddy Street; thence northerly on Eddy Street
to the point of beginning.
(C) Area and Computation: An off-street parking space shall be of appropriate dimensions of not less than 180
square feet exclusive of access or maneuvering area, ramps, columns, etc., and shall have a vertical clearance of not
less than seven feet. An off-street loading space shall be of appropriate dimensions of not less than 360 square feet
exclusive of access or maneuvering area, ramps, columns, etc., and shall have a vertical clearance of not less than
fourteen feet. When determination of the number of off-street parking or loading spaces required by this chapter
results in a requirement of a fractional space, any fraction of one-half or less may be disregarded while a fraction in
excess of one-half shall be counted as one parking space.
(D) Location: All off-street parking spaces shall be on the same lot as the building or within 300 feet of the lot. use
served except as listed under the provisions of this section. Permanent off-street parking spaces shall not be
permitted within the required front yard setback, provided, however, that for a building containing three dwelling
units or less, one space per unit may be placed within the front yard setback if such space is not directly in front of
the building excluding garages or carports. Parking facilities located separate from the building or use as listed shall
have a substantial portion of same within a specified distance of the building or use which it serves. All off-street
loading spaces shall be on the same lot as the building or use served.
(E) Collective Facilities: Off-street parking facilities for separate or mixed buildings or uses may be provided
collectively so long as the total number of spaces is not less than the sum of the separate required spaces, and
provided further, that the requirement concerning location of such facility with respect to distance from the building
or use served shall be complied with. In order to eliminate a multiplicity of entrances and exits and diminish traffic
hazards to conserve space where space is at a premium and to promote orderly development generally, the city
ORDINANCE NO. _____ (Cont.)
- 33 -
council is hereby authorized to plan and group parking facilities collectively for a number of businesses in a given
area, and especially in the central business district, in such a manner as to obtain a maximum of efficiency and
capacity in parking and traffic movement.
(F) Employee Parking: Parking spaces required on an employee basis shall be based on the maximum number of
employees on duty on the premises at any one time.
(G) Design Standards. All off-street parking and loading facilities shall be designed with appropriate means of
vehicular access to a street or alley and contain adequate and safe maneuvering areas. No driveway or curb cuts shall
exceed twenty-six feet in width in residential districts, or thirty-five feet in width in business or
industrial/manufacturing districts, and detailed plans shall be submitted to the public works director for approval of
all curb cuts or driveway openings before a permit may be obtained therefor. No signs shall be displayed except
such signs as required for the orderly use of the facilities. All facilities shall be provided with a permanent type,
dust-free surface such as asphaltic cement concrete, Portland cement concrete, or paving brick.
All parking lots containing five or more parking spaces, which are within 30 feet of property occupied by a
residential use in a Transitional Agricultural Zoning District or of property within a Suburban Residential Zoning
District, Low Density Residential Zoning District, Medium Density Residential Zoning District, High Density
Residential Zoning District or Residential Development Zoning District, shall provide a sight-obscuring fence or
screen not less than six feet nor more than eight feet in height along the boundary of the parking lot adjacent to such
districts. No fence or screen shall be required between abutting parking lots or adjacent to an alley. The height of
any fence or screen shall be subject to other restrictions provided by the City Code.
(H) Maintenance: The parking and loading facilities required by this section shall be provided and maintained so
long as the use exists which the facilities are designed to serve. Reasonable precautions must be taken by the owners
of particular uses to assure the use of the parking facilities only by the employees or the social or business visitors of
the premises for which the facilities are provided. The facilities must be so designed and maintained as not to
constitute a nuisance at any time and must not be used in such a manner as to constitute a hazard or unreasonable
impediment to traffic.
(I) Reduction of Number of Spaces: Off-street parking or loading facilities shall not be reduced in total extent, after
their provision required hereunder, except upon the approval of the Board of Adjustment, and then only after proof
that the parking or loading spaces are no longer required by reason of a change in use of the premises of which the
facilities are adjunct.
(J) Requirement for Uses Not Listed: For any use not listed, the Board of Adjustment shall determine the proper
requirement by classifying the proposed use among the uses specified herein so as to assure equal treatment.
(K) Administration and Enforcement: The off-street parking and loading provisions of this section shall be
administered by the zoning official and enforced by the chief building official, who shall also serve in advisory
capacity to the city council on matters relative to any phase of such provisions.
(L) Penalty for Violation: The provisions of parking and loading facilities as required by this section shall be a
continuing obligation of the owner or sponsor of a given building or use so long as the building or use is in existence
and so long as parking and loading facilities are required hereunder in connection therewith, and it shall be unlawful
to discontinue, change, or dispense with such facilities without establishing alternate facilities that meet the
requirements herein. Penalty provisions applicable to this chapter as a whole shall apply to the violations of these
provisions. In addition, at such time as the facilities required hereunder shall fail to continue to be available for the
purpose, the building permit for the structures to which the facilities are adjunct and the use or occupancy permits
issued for the premises shall be canceled and become null and void.
SECTION 5. 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
ORDINANCE NO. _____ (Cont.)
- 34 -
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
Furniture Sales One (1) space per 500 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 (General) Parking equal to 2 of every 5 seats 40% of 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;
plus, .75 times the maximum number of employees
during the largest shift.
Three (3) spaces per structure
Hotels and Motels One (1) space per rental unit One (1) space per establishment
Housing (Congregate)
Assisted-living facilities One (1) space per two dwelling unit plus 1 space per
employee on the largest shift
One (1) per structure
Duplex Two (2) spaces per dwelling unit None required
Independent (restricted) facilities One (1) space per dwelling unit None required
Multi-family / Apartments Two (2) spaces per dwelling unit. One (1) space per
sleeping unit – spaces to be sited in the general proximity of where the sleeping units are lo cated, 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
Single-family, attached and
detached
Two (2) spaces per dwelling unit 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
ORDINANCE NO. _____ (Cont.)
- 35 -
SECTION 6. Section 36-8, 36-26, 36-78, 36-96, and 36-97 as now existing, and
any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 7. 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: May 24, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#8977 - Consideration of Amendments to Chapter 19 of the Grand
Island City Code Relative to Library Board Authority
Tuesday, May 24, 2005
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: May 24, 2005
Subject: Public Hearing on Amending Chapter 19 of the Grand
Island City Code Relative to Library Board Authority
Item #’s: F-3
Presenter(s): Douglas R. Walker, City Attorney
Background
An amendment to the City Code is being requested to make it consistent with the
provisions of the Nebraska statutes. Section 19-5 of the City Code sets forth the various
powers of the Library Board to acquire property. The changes that are being proposed
would grant the Library Board all of the powers granted in Section 51-210 of the
Nebraska statutes.
Discussion
As currently drafted, City Code Section 19-5 gives the Library Board most of the powers
to acquire property that are mentioned in Neb. Rev. Stat., §51-210 with the exception of
the authority to use eminent domain. This Nebraska statute states that a Library Board
shall have these powers and the proposed ordinance will now reflect the language of Neb.
Rev. Stat., §51-210 and grant the Library Board the power of eminent domain and to
condemn real estate for the purpose of securing a site for a Library building.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the amendments to Section 19-5 of the Grand Island City
Code.
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 ordinance which will
revise Section 19-5 of the City Code to include granting the Library Board the power to
use eminent domain and to condemn real estate for the purpose of securing a site for a
Library which Neb. Rev. Stat., §51-210 states that a Library shall have.
Sample Motion
Motion to approve the ordinance amending Section 19-5 of the Grand Island City Code.
Approved as to Form ¤ ___________
May 18, 2005 ¤ City Attorney
ORDINANCE NO. 8977
An ordinance to amend Chapter 19 of the Grand Island City Code; to amend
Section 19-5 pertaining to the Library Board authority; to repeal Section 19-5 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 19-5 of the Grand Island City Code is hereby amended to
read as follows:
§19-5. Library Board; Powers Generally
The board of directors of the public library shall have power to purchase or lease grounds, to exercise the
power of eminent domain and to condemn real estate for the purpose of securing a site for a library building; to
erect, lease or occupy any appropriate building for the use of such library; to appoint a suitable librarian and
assistants, to fix their compensation and to remove their appointments in accordance with the Personnel Rules of the
City; to establish regulations for the government of such library as may be deemed necessary for its preservation and
to maintain its usefulness and efficiency; to fix and impose by general rules, penalties and forfeitures for trespasses
or injury upon or to the library, grounds, rooms, books or other property, or the failure to return any book, or for any
violation of any bylaw or regulation; and to exercise such power as may be necessary to carry out the spirit and
intent of Neb. Rev. Stat. §51-201 through §51-219 and to carry out the provisions of this chapter in establishing and
maintaining the public library and reading rooms.
SECTION 2. Section 19-5 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. 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.
ORDINANCE NO. 8977 (Cont.)
- 2 -
Enacted: May 24, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F4
#8978 - Consideration of Amendments to Chapter 31 of the Grand
Island City Code Relative to Signs
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig Lewis – Building Department Director
Meeting: May 24, 2005
Subject: Amendments to Chapter 31 Regarding Development
Signs
Item #’s: F-4
Presenter(s): Craig Lewis
Background
Edgemark Development and Tri City Sign Company have submitted a request to amend
the City Sign Code to allow for the installation of signs within a development which will
facilitate identification of the development and individual tenants within that
development. Currently the Cit y Code would define these types of signs as off-premise
signs or billboards. Because of that classification many locations within the development
would not be allowable for the placement of development signs as the spacing of an off-
premise sign would require a separation of 800 to 500 feet.
The second part of the amendment is Staff driven and will modify the criteria for when
damaged legal nonconforming signs may not be replaced.
Discussion
Currently the Sign Code would define that any sign advertising goods or services not
located on the property in which the sign is located as an off-premise sign and would be
required to comply with all the restrictions of the Sign Code for that type of sign. One of
those restrictions is that no other off-premise sign shall be located within an 800 foot
radius. By the current definitions a development sign would be an off-premise sign and
fairly limited by other signs on adjacent properties.
In this particular case there are three existing billboards along the west side of Highway
281 and the ir location would not allow for any additional signs defined as a billboard on
the east side of the Highway within 800 feet.
To allow for subdivisions to provide identification and development signs is a reasonable
request and the proposed limitations should provide the opportunity to facilitate that
request.
The second part of this proposed amendment will change the language and place the
burden of damage of non conforming signs not on the estimated dollar amount of the
repairs but on the physical components and structure of the sign. This should eliminate
debate over the estimated value of the sign and the cost of repairs. Determination of the
extent of the damage will be based upon the physical members of the sign not an arbitrary
or estimated value.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the proposed ordinance
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 City Council approve the proposed ordinance
to amend the City Sign Code to allow for development signs.
Sample Motion
Motion to approve Ordinance #8978.
Approved as to Form ¤ ___________
May 18, 2005 ¤ City Attorney
ORDINANCE NO. 8978
An ordinance to amend Chapter 31 of the Grand Island City Code; to amend
Section 31-1 pertaining to definitions; to add Section 31-25.1 pertaining to development signs; to
amend Section 31-42 pertaining to legal nonconforming signs ; to repeal Sections 31-1 and 31-42
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 31-1 of the Grand Island City Code is hereby amended to
read as follows:
§31-1. Definitions
For the purpose of this chapter, the following words and phrases shall have the meanings respectively
ascribed to them by this section.
Back-to-Back Sign. An off-premise sign consisting of two sign facings oriented in opposite directions with
not more than two faces per sign facing.
Cloth Sign. Any sign executed upon or composed of any flexible fabric.
Development Sign. A ground sign whose purpose is to identify business located within a retail subdivision
or commercial development.
Directional Sign. A sign erected for the convenience of the public, such as for directing traffic movement,
parking, or identifying restrooms, public telephones, walkways and other similar features or facilities, and bearing
no advertising message.
Double Faced Sign. An off-premise sign with two adjacent faces oriented in the same direction and not
more than ten (10) feet apart at the nearest point between the two faces.
Facing. That portion of an off-premise sign upon which advertising is affixed or painted and visible in one
direction at one time.
Flat Sign. Any sign so attached to a building or other structure that it projects beyond the building line, but
extends parallel or substantially parallel thereto.
Free Standing Sign. Any sign that shall have as its supports, wood or steel columns, pipe, angle iron
framing, or any other combination of these materials, other than ground signs as defined herein.
Ground Sign. Any sign which is supported by uprights or braces placed upon or extending into the ground.
Horizontal Sign. Any sign whose horizontal dimension is greater than its vertical dimension, or whereon
the subject matter is so placed that it reads at an angle less than forty-five degrees with a horizontal line.
Mobile Sign. Any sign structure designed and constructed to be moved by means of wheels or skids which
proposes any announcement, declaration, demonstration, display, or illustration used to advertise or promote the
interests of any person when the same is placed out of doors in view of the general public. This shall not include
signs anchored or attached to vehicles or trailers parked and used primarily as a static advertising display, visible
from the public right-of-way.
Multi-faced Sign. An off-premise sign comprised of sections which rotate to display a series of
advertisements, each advertisement being displayed for at least six (6) seconds continuously without movement; the
duration of movement of sections between advertisements not exceeding two (2) seconds.
Official Sign. A sign erected by a governmental agency or its designee, setting forth information pursuant
to law.
ORDINANCE NO. 8978 (Cont.)
- 2 -
Off –Premise Outdoor Advertising Sign. A sign, including the supporting sign structure, which is visible
from a street or highway and advertises goods or services not usually located on the premises and/or property upon
which the sign is located; also called "billboard." The following shall not be considered an off-premise sign for the
purposes of this Chapter: (1) directional or official signs authorized by law; (2) real estate signs; (3) on-premise
signs.
On-Premise Sign. A sign which advertises the primary goods or services or taking place upon the premises
on which the sign is located.
Projecting Sign. Any sign attached to a building or other structure and extending beyond the building line
either perpendicularly or at any angle other than parallel thereto.
Real Estate Sign. Any sign which advertises the sale or lease of the property upon which the sign is located.
Roof Sign. Any sign which is supported by uprights or braces placed upon or extending into the roof of any
building or other structure.
Sign. Any device composed of one or more letters, words, pictures, figures, characters, symbols or
emblems, or any combination or grouping thereof which prefigures, typifies, or represents one or more ideas.
Transparent Sign. Any sign illuminated from within and made of glass or similar material containing
opaque lettering upon a translucent letter upon an opaque ground.
V-Type Sign. Any off-premise sign structure which consists of multiple sign facings placed at angles of
each other, oriented in different directions and not exceeding twenty (20) feet apart at the nearest point to each other.
Vertical Sign. Any sign whose horizontal dimension is less than its vertical dimension, or whereon the
subject matter is so placed that it reads at an angle of forty-five degrees or greater with a horizontal line.
Wall Sign. Any sign which is painted or otherwise directly depicted upon a wall.
SECTION 2. Section 31-25.1 is hereby added to the Grand Island City Code to
read as follows:
§25-25.1. Development Signs
Development signs shall be allowed under the following conditions:
(A) Only allowed on subdivisions of twenty (20) acres or more that front on at least one side on a street
classified as a major arterial or higher.
(B) Limited to one per street frontage of the development.
(C) Limited to thirty (30) feet in height or the height specified in the zoning classification, whichever is the
most restrictive.
(D) Limited to no more than two hundred (200) square feet in area. Double faced signs shall be calculated
on the largest side only.
(E) Development signs shall be separated a minimum of fifty (50) feet from all other signs, and shall be at
least five (5) feet from all property lines.
(F) A minimum of ten percent (10%) of the sign face shall identify the development with the remaining
square footage advertising tenants within the development and within five hundred (500) feet of the sign.
(G) Development signs as defined in this chapter shall not be classified as billboards or off-premise signs
for the purpose of spacing of off-premise signage on other properties, provided they meet the provisions specified.
(H) No signs defined as billboards shall be allowed within the subdivision if the provision of development
signs is utilized.
SECTION 3. Section 31-42 of the Grand Island City Code is hereby amended to
read as follows:
ORDINANCE NO. 8978 (Cont.)
- 3 -
§31-42. Legal Nonconforming Signs
(A) Any off-premise sign lawfully erected and in existence on the effective date of this ordinance which
does not meet the requirements of this ordinance may be maintained as a matter of right as a legal nonconforming
sign. The sign may be maintained and repaired provided the degree of nonconformity is not increased. If for any
reason the sign is damaged to the extent that the repairs are equal to or exceed fifty percent (50%) of the physical
components the cost of the replacement of the sign it may not be repaired or replaced unless it will comply with all
requirements of this Article.
(B) Within the first six (6) months following the passage of these requirements, any existing off-premise
sign lawfully in existence may be rebuilt excluding the requirements as specified in Section 31-46(A).
SECTION 4. Sections 31-1 and 31-42 as now existing, and any ordinances or
parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 5. 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: May 24, 2005.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of May 10, 2005 City Council Regular Meeting
The Minutes of May 10, 2005 City Council Regular Meeting are submitted for approval. See
attached MINUTES.
Tuesday, May 24, 2005
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
May 10, 2005
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 May 10, 2005. Notice of the meeting was given in the Grand Island Independent on
May 4, 2005.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Cornelius, Pauly,
Walker, and Haase. Councilmember Hornady was absent. The following City Officials were
present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David
Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker.
INVOCATION was given by Councilmember Jackie Pielstick followed by the PLEDGE OF
ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek commented on the severe weather alert and the
St. Francis 9-Tower Addition.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “Salvation Army Week” May 9-15, 2005. Mayor Vavricek proclaimed the week of
May 9-15, 2005 as “Salvation Army Week”. Roger Nygaard, Captain Debra Richardson, Rod
and Amy Mohler of the Salvation Army were present to receive the proclamation.
PUBLIC HEARINGS:
Public Hearing on Request of Nebraska Steak Company, Inc. dba Whiskey Creek, 1016 Diers
Avenue for a Catering Liquor License. City Clerk RaNae Edwards reported that Nebraska Steak
Company, Inc. dba Whiskey Creek, 1016 Diers Avenue had submitted an application with the
City Clerk’s Office for a Catering Liquor License. Ms. Edwards presented the following exhibits
for the record: application submitted to the Liquor Control Commission and received by the City
on April 18, 2005; notice to the applicant of date, time, and place of hearing mailed on April 18,
2005; notice to the general public of date, time, and place of hearing published on May 4, 2005;
and Chapter 4 of the City Code. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located at 2250 N. Diers Avenue. (Capital
Park Development Co.) Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 2250 N. Diers Avenue was required in order to have access to install,
upgrade, maintain, and repair power appurtenances, including lines and transformers. This
easement would be used to correct the discrepancy discovered and correct the paperwork at the
Page 2, City Council Regular Meeting, May 10, 2005
least cost for both the Utilities Department and the business owner. No public testimony was
heard.
Public Hearing on Acquisition of Utility Easement Located at 2620 N. Diers Avenue. (Yogi
Motel, Inc.) Gary Mader, Utilities Director reported that acquisition of a utility easement located
at 2620 N. Diers Avenue was required in order to have access to install, upgrade, maintain, and
repair power appurtenances, including lines and transformers. This easement would be used to
correct the discrepancy discovered and correct the paperwork at the least cost for both the
Utilities Department and the business owner. No public testimony was heard.
Public Hearing on Acquisition of Utility Easement Located North of Capital Avenue and East of
the Ord Branch Union Pacific Railroad. (Bradley and Amy Petersen) Gary Mader, Utilities
Director reported that acquisition of a utility easement located north of Capital Avenue and east
of the Ord Branch Union Pacific Railroad was required in order to have access to install,
upgrade, maintain, and repair power appur tenances, including lines and transformers. This
easement would be used to place primary electrical underground cable and a single phase
transformer to provide electric service to a new home. No public testimony was heard.
Public Hearing Concerning the Bi-Annual Report by the Citizens’ Review Committee on the
Economic Development Program Plan. Doug Walker, City Attorney reported that the Citizens
Advisory Review Committee is required by State Statute to make a semi-annual report to the
City Council. Mr. Walker introduced Marlan Ferguson, Executive Director of Economic
Development Corporation and Lisa Willman, member of the Citizens’ Review Committee who
gave the Economic Development Program Plan Report. No public testimony was heard.
Due to a tornado warning the Council recessed at 7:30 p.m. and reconvened at 9:02 p.m.
Public Hearing on Amendment for the Community Development Block Grant Funds. Joni
Kuzma, Community Development Administrator reported that the number of applications
received for home located in the CDBG project area had been insufficient to meet the contracted
number of homes needed to meet the grant termination deadline. Proposed was to amend the
Block Grant application to expand the CDBG project area in the northeast part of Grand Island
and to encompass the entire City. No public testimony was heard.
ORDINANCES:
Councilmember Pielstick moved “that the statutory rules requiring ordinances to be read by title
on three different days be suspended and that ordinance numbered:
#8974 - Consideration of Creation of Sanitary Sewer District No. 518; Westwood
Subdivision & Westwood Second Subdivision (Driftwood, Maywood, Sweetwood,
Greenwood, & Norwood Drives and Driftwood & Redwood Courts)
be considered for passage on the same day upon reading by number only and that the City Clerk
be permitted to call out the number of this ordinance on first reading and then upon final passage
Page 3, City Council Regular Meeting, May 10, 2005
and call for a roll call vote on each reading and then upon final passage.” Councilmember
Walker seconded the motion. Upon roll call vote, all voted aye. Motion adopted.
Steve Riehle, Public Works Director reported that a petition was submitted by residents in the
area requesting the creation of a sanitary sewer district and it passed the protest period.
Discussion was had on the cost of the district.
Motion by Whitesides, second by Haase to approve Ordinance #8974.
City Clerk: Ordinance #8974 on first reading. All those in favor of the passage of this ordinance
on first reading, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
City Clerk: Ordinance #8974 on final passage. All those in favor of the passage of this ordinance
on final passage, answer roll call vote. Upon roll call vote, all voted aye. Motion adopted.
Mayor Vavricek: By reason of the roll call votes on first reading and then upon final passage,
Ordinance #8974 is declared to be lawfully adopted upon publication as required by law.
CONSENT AGENDA: Motion by Gilbert, second by Cornelius to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Receipt of Official Documents – Pawnbroker’s Official Bonds for Wayne’s Pawn Shop, G. I.
Loan Shop, and Stewart’s Loan and Pawnshop. Councilmember Meyer abstained.
Receipt of the Economic Development Program Plan Report.
Approving Minutes of April 26, 2005 City Council Regular Meeting.
Approving Minutes of May 3, 2005 City Council Study Session.
Approving Re-Appointments of Buzz Douthit, Mike Toukan, Scott Zana, and Bill Martin to the
Business Improvement District #4 Board.
Approving Request of Nebraska Steak Company, Inc. dba Whiskey Creek, 1016 Diers Avenue
for a Catering License.
Approving Request of Alan Niesen, 727 Madden Road, Hastings, Nebraska for Liquor Manager
Designation for K-Mart, 3535 West 13th Street.
#2005-136 – Approving Acquisition of Utility Easement Located at 2550 N. Diers Avenue.
(Capital Park Development Co.)
#2005-137 – Approving Acquisition of Utility Easement Located at 2620 N. Diers Avenue.
(Yogi Motel, Inc.)
Page 4, City Council Regular Meeting, May 10, 2005
#2005-138 – Approving Acquisition of Utility Easement Located North of Capital Avenue and
East of the Ord Branch Union Pacific Railroad. (Bradley and Amy Petersen)
#2005-139 – Approving Bid Award for Water Main District No. 449T – North Road and Faidley
Avenue with Starostka Group Unlimited, Inc. of Grand Island, Nebraska in an Amount of
$317,802.96.
#2005-140 – Approving Agreement with the Grand island Softball Association.
#2005-141 – Approving Renewal of Lease at Cornhusker Army Ammunition Plant for Storage
Building with the Nebraska State Patrol for an Annual Fee of $500.00 and an Upgrade of 3-
Phase Electrical Service Line in an Amount of $2,465.00.
#2005-142 – Approving Continuation of Sanitary Sewer District No. 517, Deadwood
Subdivision. (Arch Avenue & Johnstown Road Area)
#2005-143 – Approving Amendment for Community Development Block Grant Funds.
#2005-144 – Approving Exchange Bank to the Approved Financial Institutions List for Public
Funds.
#2005-145 – Approving Renewal of Farm Leases with Larry Knuth, Mike Lilienthal, Ken
Clausen, Jack Webb, Mike Peters, Gerald Bremer, Quaring Farms, Robert Nunnenkamp, and
Matt Tureck.
#2005-146 – Approving Bid Award for Final Clarifier Improvements for the Wastewater
Treatment Plant (Electrical) with Middleton Electric, Inc. of Grand Island, Nebraska in an
Amount of $38,387.00.
#2005-147 – Approving Bid Award for Final Clarifier Improvements for the Wastewater
Treatment Plant (Painting) with HEG Painting Company, Inc. of Cherokee, Iowa in an Amount
of $136,310.00.
#2005-148 – Approving Bid Award for Final Clarifier Improvements for the Wastewater
Treatment Plant (Installation) with The Diamond Engineering Company of Grand Island,
Nebraska in an Amount of $181,832.00. Councilmember Pielstick commented on the difference
between the bids received stating we would see a lot of change orders. Pielstick voted no.
REQUESTS AND REFERRALS:
Consideration of Request from Ray and Dianne Stahla to Amend Mobile Home Part Permit.
Craig Lewis, Building Department Director reported that a request had been received to amend
the mobile home park permit for Stahla Mobile Home Park to allow 2 recreational vehicle lots on
Lot #59. It was stated that this would not be for a permanent recreational vehicle space.
Page 5, City Council Regular Meeting, May 10, 2005
Motion by Pielstick, second by Whitesides to approve the request of Ray and Dianne Stahla.
Upon roll call vote, all voted aye. Motion adopted.
Consideration of Referral to the Regional Planning Commission the Request from Jeremy and
Tina Trotter for Property Located in the S1/2 SW1/4 of Sectio n 3-11-9 and other Properties as
Suggested by City Administration for Annexation in the City of Grand Island. Chad Nabity,
Regional Planning Director reported that a request had been received to consider annexation of
property located at 1024 Capital Avenue. City Administration suggested additional annexation
areas. Nebraska Statutes provides for the process of annexation to be referred to the Regional
Planning Commission by the Mayor and City Council.
Motion by Whitesides, second by Cornelius to refer this issue to the Regional Planning
Commission. Upon roll call vote, all voted aye.
RESOLUTIONS:
#2005-149 – Approving Notification to Property Owners to Install Sidewalk; Various Locations
within Grand Island. Steve Riehle, Public Works Director reported that Council action was
required to send notification to property owners to install sidewalk as presented in the Five-Year
Sidewalk Plan presented to Council at the November 16, 2004 Study Session. The sidewalk plan
was reviewed by Council.
Motion by Pielstick, second by Haase to approve Resolution #2005-149.
Discussion was had concerning areas that were not included in the plan.
Motion by Cornelius, second by Whitesides to amend the motion to add sidewalks on the south
side of Manchester Road from Independence Avenue to Mansfield Road and the west side of
Mansfield Road from Cannon Road to Manchester Road. Upon roll call vote, all voted aye.
Motion adopted.
Gary Greer, City Administrator suggested that a traffic study be done around Westridge Middle
School.
Upon roll call vote of the original motion with amendment, all voted aye. Motion adopted.
#2005-150 – Approving Authorization to Perform Emergency Repair on Sanitary Sewer Main
located in the Alley between 5th Street and 6th Street from Kimball to Oak Street. Steve Riehle,
Public Works Director reported that on April 25, 2005 a sewer line broke in the alley between 5th
Street and 6th Street from Kimball to Oak Street and emergency repairs were needed. Mr. Riehle
requested using the City’s emergency procurement procedures to issue a purchase order for the
work.
Motion by Gilbert, second by Haase to approve Resolution #2005-150. Upon roll call vote, all
voted aye. Motion adopted.
Page 6, City Council Regular Meeting, May 10, 2005
PAYMENT OF CLAIMS:
Motion by Cornelius, second by Haase to approve the Claims for the period of April 27, 2005
through May 10, 2005, for a total amount of $2,964,131.32. Motion adopted unanimously.
Councilmember Pielstick abstained from Claims #97923 and #98046.
ADJOURNMENT: The meeting was adjourned at 9:25 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of May 17, 2005 City Council Study Session
The Minutes of May 17, 2005 City Council Study Session are submitted for approval. See
attached MINUTES.
Tuesday, May 24, 2005
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
May 17, 2005
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
May 17, 2005. Notice of the meeting was given in the Grand Island Independent on May 11,
2005.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmember’s Meyer, Whitesides, Pielstick, Gilbert, Nickerson, Pauly, Hornady,
Walker, and Haase. Councilmember Cornelius was absent. The following City Officials were
present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David
Springer, Public Works Director Steve Riehle, and City Attorney Doug Walker
Mayor Communication: Mayor Vavricek commented on the following:
· We were under a severe thunderstorm and flood watch
· FEMA will be here tomorrow (May 18, 2005) to assess the damage of the May 11, 2005
flood
· Meeting May 18, 2005 at College Park with the Environmental Protection Agency (EPA)
regarding superfund site
· Reminder that all Red Cross Disaster Assistance was free
· Commented on stress associated with the flood
· National Guard looking at closing armory’s across Nebraska
· Heartland Events Center moving forward, County approved a lodging tax
· Paul Briseno, Assistant to the City Administrator reported on the 2005 Wood River Flood
Diversion Project and the May 11, 2005 Flood
Discussion Concerning 12-Hour Shifts for Police Department. Police Chief Kyle Hetrick
reported that the Police Department was always examining ways to provide better service to the
citizens, make better use of human resources, reduce overtime, and provide for a
healthier/family-friendly and more productive work-force. Also present were Captain Pete
Kortum, Sgt. Dean Elliott, and Sgt. Steve Rathman.
As the nature of policing demands twenty-four hour, 7-day-a-week, 365 days a year coverage,
work schedules vary across the nation. The Grand Island Police Department had been on a 3-
shift, 8-hour day schedule for the better part of forty years. Chief Hetrick stated there were
distinct advantages to modifying the traditional 8-hour work-day for the Patrol Officers to a 12-
hour schedule.
Presented was a PowerPoint explaining the advantages of a 12-hour shift including a safer
community, better use of human resources, to better serve the citizens, provide for a healthier
more family-friendly environment for the officers, and reduce overtime.
Page 2, City Council Study Session, May 17, 2005
The following research by Arturo Vega and Michael J. Gilbert were reported as advantages:
· Reported positive impacts on both productivity and attitudes
· Improved output, morale, customer relations, recruitment
· Reduced absenteeism, turnover, overtime, operation expenses
· Fatigue not the issue, communication lapses were
The following Police agencies contacted currently work 12-hour shifts:
· Bellevue Police Department
· LaVista Police Department
· Hastings Police Department
· North Platte Police Department
· Papillion Police Department
· Norfolk Police Department
· Beatrice Police Department
· Cedar Rapids, Iowa Police Department
Chief Hetrick recommended a 12-Hour shift with 4 teams working two days on, two off, three
on, two off, two on, and three off every two weeks for a total of 84 hours at straight time. Budget
considerations were presented with cost savings to the department. 77% of 71 Police Officers
polled were in favor with 23% opposed. Chief Hetrick stated an addendum to the existing FOP
contract and six month notification was required when changing the work-week. The goal was to
implement the shift change in January 2006.
Discussion was held with regards to power shifts, which were officers coming in early to bridge
the change in shifts. Also discussed was the number of officers on the street during busy times.
Councilmember Haase recommended a survey of overtime hours and the reasons for them. City
Administrator Gary Greer questioned how involved the Council wanted to get involved in this
area.
Councilmember Hornady commented on the 12-hour shifts at Hornady Manufacturing and that it
worked well.
Chief Hetrick presented the following challenges:
· Resistance to organizational change
· Fatigue – manage work day (minimal factor)
· Communication – need for getting officers up-to-speed after days off
· Electronic briefing – Spillman “Involvements”
Chief Hetrick recommended a 12-hour shift from 6:00 a.m. to 6:00 p.m. and 6:00 p.m. to 6:00
a.m. with a power shift. Captain Pete Kortum commented on the power shift, using K-9 unit on
evening shifts and Motor unit/cars on the day shifts. This change would only affect the Patrol
Division and would not affect the Criminal Investigation Division (CID), Drug Unit, or the
Administration Division. It would affect 46 of the 77 Police Officers.
Page 3, City Council Study Session, May 17, 2005
Police Sgt. Steve Rathman commented on the benefits of recruiting with a 12-hour shift.
Councilmember Pielstick invited the Council to the Project Extra Mile meeting this Thursday,
May 19, 2005 at 10:00 a.m. at College Park regarding liquor licenses.
ADJOURNMENT: The meeting was adjourned at 8:25 p.m.
RaNae Edwards
City Clerk
Item G3
Approving Re-Appointments to the Community Development
Advisory Board
The Mayor has submitted the reappointments of Bobby Ranard and Lisa Crumrine to the
Community Development Advisory Board. The appointments would become effective July 1,
2005, upon approval by Council, and would expire June 30, 2008. Approval is recommended.
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item G4
Approving Request of Orozco's Corporation dba El Diamante
Night Club, 1600 South Eddy Street for Class "C" Liquor License
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Item G5
Approving Request of Rafael Orozco, 2105 North Nashville for
Liquor Manager Designation for El Diamante Night Club, 1600
South Eddy Street
Tuesday, May 24, 2005
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: May 24, 2005
Subject: Request of Rafael Orozco, 2105 North Nashville for
Liquor Manager Designation for El Diamante Night
Club, 1600 South Eddy Street
Item #’s: G-5
Presenter(s): RaNae Edwards, City Clerk
Background
Rafael Orozco, 2105 North Nashville has submitted an application with the City Clerk’s
Office for a Liquor Manager Designation in conjunction with the Class “C” Liquor
License for El Diamante Nigh Club, 1600 South Eddy 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.
2. Forward the request with no recommendation.
3. Take no action on the request.
Recommendation
City Administration recommends that the Council approve this request for a Liquor
Manager Designation.
Sample Motion
Move to approve the request of Rafael Orozco, 2105 North Nashville for Liquor Manager
Designation in conjunction with the Class “C” Liquor License for El Diamante Night
Club, 1600 South Eddy Street.
Item G6
#2005-151 - Approving Acquisition of Utility Easement - North
Side of Platte River, Northeast of Hwy. 281 - Kuehner
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
May 19, 2005 ¤ City Attorney
R E S O L U T I O N 2005-151
WHEREAS, a public utility easement is required by the City of Grand Island, from William
V. Kuehner and Carolyn E. Kuehner, husband and wife, and Kuehner Farms, Inc., a Nebraska
corporation, to install, upgrade, maintain, and repair public utilities and appurtenances; and
WHEREAS, a public hearing was held on May 24, 2005, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of the Southwest Quarter (SW1/4),
also known as part of Lot Four (4) Mainland and a part of Lot Three (3) Mainland, Section Seventeen
(17), Township Ten (10) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, the
centerline of the twenty (20.0) foot wide utility easement and right-of-way being more particularly described
as follows:
Commencing at the northwest corner of the Southwest Quarter (SW1/4), also known as
part of Lot Four (4) Mainland, Section Seventeen (17), Township Ten (10) North, Range
Nine (9) West; thence southerly along the westerly line of said Section Seventeen (17),
Township Ten (10) North, Range Nine (9) West, a distance of Two Thousand Eighty Four
and Fifty Three Hundredths (2,084.53) feet; thence easterly and perpendicular to the
previously described line, a distance of Eighty Seven and Sixteen Hundredths (87.16) feet
to a point on the easterly right-of-way line of U.S. Highway 281; thence deflecting left
45º48'20" and running northeasterly, a distance of Eight Hundred Twenty Two and Five
Tenths (822.5 +/-) feet more or less, to a point on the easterly line of the easterly line of the
West Half (W1/2) of the West Half (W1/2) of the Southwest Quarter (SW1/4), also
known as Lot Four (4) Mainland, said point being the ACTUAL point of beginning; thence
continuing northeasterly on the last described course, a distance of One Thousand Seven
and Five Tenths (1,007.5 +/-) feet more or less. The side lines of the above describe 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 0.045 acres, more or less, as
shown on the plat dated April 18, 2005, 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 William V. Kuehner and Carolyn E. Kuehner, husband
and wife, and Kuehner Farms, Inc., a Nebraska corporation, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2005-152 - Approving Acquisition of Utility Easement - Southwest
Corner of 2nd and Greenwich - JBWS Property Group LLC
This item relates to the aforementioned Public Hearing Item E-3.
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader
City of Grand Island City Council
Approved as to Form ¤ ___________
May 18, 2005 ¤ City Attorney
R E S O L U T I O N 2005-152
WHEREAS, a public utility easement is required by the City of Grand Island, from JBWS
Property Group, L.L.C., a limited liability company, to install, upgrade, maintain, and repair public utilities
and appurtenances; and
WHEREAS, a public hearing was held on May 24, 2005, for the purpose of discussing the
proposed acquisition of an easement and right-of-way through a part of Fractional Lot Two (2), Fractional
Block Twenty (20) in Arnold and Abbott's Addition and its complement to wit: Fractional Lot Two (2),
Fractional Block One Hundred Twenty (120) in Railroad Addition to the City of Grand Island, Hall County,
Nebraska, the centerline of the twenty (20.0) foot wide utility easement and right-of-way being more
particularly described as follows:
Commencing at the southwest corner of Fractional Lot Two (2), Fractional Block Twenty
(20) in Arnold and Abbott's Addition; thence easterly along the southerly line of said
Fractional Lot Two (2), a distance of Twenty Five (25.0) feet to the ACTUAL Point of
Beginning; thence northerly and parallel to the westerly line of said Fractional Lot Two (2),
a distance of Fifty Eight (58.0) feet.
The above-described easement and right-of-way containing 0.027 acres, more or less, as
shown on the plat dated May 2, 2005, 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 JBWS Property Group, L.L.C., a limited liability
company, on the above-described tract of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2005-153 - Approving Bid Award for the UV Disinfection System
for the Wastewater Treatment Plant; Project 2004-WWTP-1
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Meeting: May 24, 2005
Subject: Approving Bid Award for the UV Disinfection
System for the Wastewater Treatment Plant; Project
2004-WWTP-1
Item #’s: G-8
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Wastewater Division of the Public Works Department advertised for bids for the UV
Disinfection System on March 28, 2005.
Discussion
Four bids were received and opened on April 28, 2005. The Waste Water Division of the Public
Works Department and the Purchasing Division of the City Attorney’s Office reviewed the bids
that were received. All bids were submitted in compliance with the contract, plans, and
specifications. A summary of the bids is shown below.
Bidder Exceptions Bid Security Total
Starostka Group –
Grand Island, NE
None Merchants Bonding Co. $1,879,400.00
Diamond Engineering
Group – Grand Island, NE
None Universal Surety Co. $2,591,166.60
Judds Brothers Construction
Co. – Lincoln, NE
None Inland Insurance Co. $2,464,400.00
Industrial Process
Technology, Inc. –
Mitchell, SD
None US Fidelity & Guaranty Co. $2,352,702.00
The estimate for this project was $300,000,000.00. There are sufficient funds in Account No.
53030054-85213 for this purchase.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The Council
may:
1. Make a motion to approve the bid to the lowest bidder for the UV Disinfection System,
Project 2004-WWTP-1.
2. Refer the issue to a Committee
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the bid to the lowest bidder, Starostka
Group Co., in the amount of $1,879,400.00.
Sample Motion
Move to approve the bid for the UV Disinfection System, Project 2004-WWTP-1 to the Starostka
Group Co., in the amount of $1,879,400.00.
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: April 28, 2005 at 10:00 a.m.
FOR: UV Disinfection System (Project 2004-WWTP-1)
DEPARTMENT: Public Works
ESTIMATE: $3,000,000.00
FUND/ACCOUNT: 53030054-85213
PUBLICATION DATE: March 28, 2005
NO. POTENTIAL BIDDERS: 11
SUMMARY
Bidder: Starostka Group Co. Diamond Engineering Co.
Grand Island, NE Grand Island, NE
Bid Security: Merchants Bonding Co. Universal Surety Co.
Exceptions: None None
Bid Price: $1,879,400.00 $2,591,166.60
Bidder: Judds Brothers Construction Co. Industrial Process Technology, Inc.
Lincoln, NE Mitchell, SD
Bid Security: Inland Insurance Co. US Fidelity & Guaranty Co.
Exceptions: None
Bid Price: $2,464,400.00 $2,352,702.00
cc: Steve Riehle, Public Works Director Ben Thayer, WWTP Engineer
Danelle Collins, Admin. Assist – PW Roger Scott, WWTP Engineer
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P979
Approved as to Form ¤ ___________
May 19, 2005 ¤ City Attorney
R E S O L U T I O N 2005-153
WHEREAS, the City of Grand Island invited sealed bids for UV Disinfection System
(Project 2004-WWTP-1), according to plans and specifications on file with the Public Works Department;
and
WHEREAS, on April 28, 2005, bids were received, opened and reviewed; and
WHEREAS, Starostka Group Co. of Grand Island, Nebraska, 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 $1,879,400; and
WHEREAS, such bid is below the estimate for such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Starostka Group Co. of Grand Island,
Nebraska, in the amount of $1,879,400 for UV Disinfection System (Project 2004-WWTP-1) is hereby
approved as the lowest responsible bid.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute a contract for such project on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2005-154 - Approving Acquisition of Property Located at 1221
West 3rd Street. (Grand Island Library Foundation, Inc.
Previously Owned by Richard L. and Joyce L. Killham)
This item relates to the aforementioned Public Hearing Item E-4.
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Doug Walker
City of Grand Island City Council
Approved as to Form ¤ ___________
May 18, 2005 ¤ City Attorney
R E S O L U T I O N 2005-154
WHEREAS, the Grand Island Public Library Foundation, Inc., a Nebraska non-profit
corporation, has acquired real property west of the existing Edith Abbott Memorial Library at 1221 West
Third Street, for the purpose of expanding and renovating such facility; and
WHEREAS, the Grand Island Public Library Foundation, Inc. has expressed an interest in
donating such real property to the City of Grand Island; and
WHEREAS, a public hearing was held on May 24, 2005, for the purpose of discussing the
proposed acquisition of property described as Fractional Lot Four (4), in Fractional Block Sixteen (16), in
Arnold & Abbott's Addition and complement thereto, Fractional Lot Four (4), in Fractional Block Two (2),
Spaulding & Gregg's Addition to the City of Grand Island, Hall County, Nebraska.
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 by donation from the Grand Island Public Library Foundation, Inc., a Nebraska non-profit
corporation, the property with a street address of 1221 West Third Street and legally described as
Fractional Lot Four (4), in Fractional Block Sixteen (16), in Arnold & Abbott's Addition and complement
thereto, Fractional Lot Four (4), in Fractional Block Two (2), Spaulding & Gregg's Addition to the City of
Grand Island, Hall County, Nebraska, for the purpose of expanding and renovating the Edith Abbott
Memorial Library.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2005-155 - Approving Cooperative Project Agreement with State
of NE, Game and Parks Commission for Development and
Maintenance of a 50 Yard Pistol and 100 Yard Rifle Range at
CAAP
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Parks and Recreation Director
Meeting: May 24, 2005
Subject: Approving Cooperative Project Agreement with State of
Nebraska Game and Parks Commission for Development
and Maintenance of a 50 yard Pistol and 100 yard Rifle
Range at CAAP
Item #’s: G-10
Presenter(s): Steve Paustian, Parks and Recreation Director
Background
The Park and Recreation Department is continuing with the Development of the
Heartland Public Shooting Park. To date all shotgun shooting venues are constructed and
operational.
Discussion
The Nebraska Game and Parks Commission are interested in seeing the construction of
the pistol and rifle ranges. To assist in this development the State is willing to provide
$250,000.00 toward the construction of the 100 yard Rifle and 50 yard pistol range.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the agreement
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 contract agreement with
the Nebraska Game and Parks Commission for the 250,000.00 of assistance for the
construction of the rifle and pistol ranges.
Sample Motion
Motion to approve agreement with the Nebraska Game and Parks Commission.
Approved as to Form ¤ ___________
May 18, 2005 ¤ City Attorney
R E S O L U T I O N 2005-155
WHEREAS, the City of Grand Island owns a 420 acre tract of land at the former
Cornhusker Army Ammunition Plant property for the development of a multi-purpose recreational sports
facility with the primary emphasis on RV camping, law enforcement training and shooting sports; and
WHEREAS, the Nebraska Game and Parks commission has been monitoring progress on
this project since 1997 and at their regular meeting on January 19, 2001, unanimously passed a resolution
directing their staff to work with the City of Grand Island to develop a joint plan for funding and constructing
such facilities; and
WHEREAS, the Nebraska Game and Parks Commission is presently interested in assisting
in the development and maintenance of a 50 yard pistol and 100 yard rifle range and associated structures;
and
WHEREAS, the Nebraska Game and Parks Commission has offered to contribute
$250,000 towards the completion of such project in accordance with a Cooperative Project Agreement;
and
WHEREAS, such project must be completed and operational by September 30, 2006; and
WHEREAS, the City Attorney has reviewed and approved the proposed Cooperative
Project Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Cooperative Project Agreement by and
between the City and the State of Nebraska, Game and Parks Commission for the development and
maintenance of a 50 yard pistol and 100 yard rifle range and associated structures is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2005-156 - Approving Community Enhancement Program
Agreement for Senior Center Landscape Grant
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development
Council Meeting: May 24, 2005
Subject: Community Enhancement Program Agreement for
Senior Center Landscape Project
Item #’s: G-11
Presenter(s): Joni Kuzma, Community Development Specialist
Background
In November 2004, the City of Grand Island submitted a grant application to the
Nebraska Forest Service (Nebraska Statewide Arboretum) for a street side landscape
project at the Senior Citizen Industries, Inc, 304 East 3rd Street. The Arboretum notified
the City of a $7,600 grant award for the project in January 2005.
Discussion
An agreement between the Nebraska Forest Service and the governing authority (the
City) has been received for the landscape project and must be signed for the project to
move forward.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the agreement and authorize the Mayor to sign all related documents.
2. Refer the issue to a Committee.
3. Postpone the issue to a later date.
Recommendation
City Administration recommends that the Council approve the agreement and
authorize the Mayor to sign all related documents.
Sample Motion
Motion to approve the agreement and authorize the Mayor to sign all related
documents.
Approved as to Form ¤ ___________
May 19, 2005 ¤ City Attorney
R E S O L U T I O N 2005-156
WHEREAS, the City of Grand Island received notification that they have been awarded
$7,600 in grant funds from the University of Nebraska – Nebraska Forest Service for a street side
landscape project at the Senior Citizen Industries, Inc. at 304 East 3rd Street; and
WHEREAS, the City will be responsible for providing perpetual maintenance for the
project; and
WHEREAS, a proposed agreement with the University of Nebraska – Nebraska Forest
Service for such grant funding has been reviewed and approved by the City Attorney's office.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the receipt of $7,600 in grant funds from the
University of Nebraska – Nebraska Forest Service for a street side landscape project at the Senior Citizen
Industries, Inc. at 304 East 3rd Street as set out in the agreement is hereby approved; and the Mayor is
hereby authorized and directed to execute an agreement on behalf of the City of Grand Island for such
project.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2005-157 - Approving Bid Award for Steel Distribution Poles
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; DaleShotkoski
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Dale Shotkoski, Asst. City Attorney/Purchasing
Meeting: May 24, 2005
Subject: Bid Award – Steel Distribution Poles
Item #’s: G 12
Presenter(s): Gary R. Mader, Utilities Director
Background
The Utilities Line Division uses wooden poles to construct and maintain most of the
Utilities overhead power lines, mainly because of cost. Steel poles are approximately
three times more expensive than wood, but steel poles are used in selected areas. Steel
poles are much lighter and are used where the normal large line construction equipment
cannot be used, primarily in congested easements where a substantial amount of hand
work and use of small equipment is necessary. In areas without access for normal
construction equipment, the steel poles are easier to handle and safer to use. The
Department’s stock of steel poles is depleted. Therefore specifications were prepared for
the purchase of twenty-four 45’ and thirty 40’ steel poles.
Discussion
Three bids were received and publicly opened May 17, 2005 at 11:00 a.m. The bid
specifications were advertised and issued in accordance with the City Procurement Code.
Bids were solicited from five potential suppliers. The three bids received are from:
Bidder Amount
Kriz-Davis, Grand Island, NE $74,467.12
North Pacific Lumber, Portland, OR $76,333.80
WESCO Distribution, Inc. Sioux City, IA $57,985.44
The bid from WESCO Distribution Inc. is the low bidder and meets all specifications for
the steel poles.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the purchase of steel poles
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 accept the low bid from WESCO
Distribution, Inc., and authorize the purchase of the steel poles.
Sample Motion
Motion to approve the purchase of steel poles from WESCO Distribution, Inc., in the
amount of $57,985.44.
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: May 17, 2005 at 11:00 a.m.
FOR: Steel Distribution Poles
DEPARTMENT: Utilities
ESTIMATE: $75,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: May 5, 2005
NO. POTENTIAL BIDDERS: 5
SUMMARY
Bidder: Kriz-Davis Co. North Pacific Lumber Co.
Grand Island, NE Portland, OR
Bid Security: St. Paul Guardian Ins. Co. Continental Casualty Co.
Exceptions: None None
Bid Price: $71,467.12 $76,333.80
Bidder: WESCO Distribution, Inc.
Sioux City, IA
Bid Security: The Continental Insurance Co.
Exceptions: Noted
Bid Price: $57,985.44
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Pat Gericke, Utility Admin. Sec. Burl Gilpin, Assist. Utilities Director
Gene Pesek, Utility Warehouse Sup. Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P998
Approved as to Form ¤ ___________
May 19, 2005 ¤ City Attorney
R E S O L U T I O N 2005-157
WHEREAS, the City of Grand Island invited sealed bids for Steel Distribution Poles,
according to plans and specifications on file with the Utilities Administration office; and
WHEREAS, on May 17, 2005, bids were received, opened and reviewed; and
WHEREAS, WESCO Distribution, Inc. of Sioux City, Iowa, 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 $57,985.44; and
WHEREAS, such bid is below the estimate for such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of WESCO Distribution, Inc. of Sioux City,
Iowa, in the amount of $57,985.44 for steel distribution poles is hereby approved as the lowest responsible
bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2005-158 - Approving Bid Award for Replacement Pump for
Stolley Park Well
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Gary R. Mader; DaleShotkoski
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Dale Shotkoski, Asst. City Attorney/Purchasing
Meeting: May 24, 2005
Subject: Bid Award - Replacement Pump for Stolley Park Well
Item #’s: G 13
Presenter(s): Gary R. Mader, Utilities Director
Background
The Stolley Park Well is located at the west side of Stolley Park on Blaine Street. It is
one of the City’s five high pressure wells that pump directly into the distribution system.
The motor recently failed and needs to be replaced along the pump column pipe. The
price of a new motor when the motor was last replaced in 1998 was $15,000.
The current pump is a submersible motor design in which the motor is attached directly
to the pump and installed in the well, sixty feet below ground level. Any problems with
the motor or electrical cables require the entire pump assembly to be pulled by a well
contractor. Because of this, the price of a new motor, and a history of motor problems at
this installation, Department staff is recommending replacement of the entire pump
assembly with a conventional vertical turbine pump with an above-ground motor.
Specifications were developed by Utilities staff for labor and materials to replace the
failed pump assembly.
Discussion
The specifications were advertised and issued for bid in accordance with the City
Purchasing Code. Response was received from the following bidders. The bid prices
below include Nebraska sales tax. The engineer’s estimate for this project was
$35,000.00.
Bidder Bid price
Layne-Western, Kearney, NE $ 24,575.57
Sargent Drilling, Broken Bow, NE $ 25,268.57
The bids were reviewed for conformance with the specifications. The specifications
required a completion date of June 24, 2005, but both bidders ind icated a delivery time of
6 weeks for the motor. The bids were otherwise in compliance with the specifications.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the bid award for motor replacement the Stolley Park Well
to Layne-Western of Kearney, Nebraska
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
Utility Department engineering staff has reviewed the bids for compliance with the City’s
detailed specifications as noted above. It is the recommendation of the Utilities
Department that Layne-Western be awarded the contract for this work in the amount of
$24,575.57.
Sample Motion
Motion to approve the contract for Replacement Pump for Stolley Park Well in the
amount of $24,575.57 be awarded to Layne-Western of Kearney, Nebraska.
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: May 17, 2005 at 11:15 a.m.
FOR: Replacement Pump for Stolley Park Well
DEPARTMENT: Utilities
ESTIMATE: $35,000.00
FUND/ACCOUNT: 520
PUBLICATION DATE: May 5, 2005
NO. POTENTIAL BIDDERS:
SUMMARY
Bidder: Sargent Drilling Co. Layne-Western
Broken Bow, NE Kearney, NE
Bid Security: Merchants Bonding Company Travelers Casualty
Exceptions: None None
Bid Price: $25,268.57 $24,575.57
cc: Gary Mader, Utilities Director Bob Smith, Assist. Utilities Director
Pat Gericke, Utilities Admin. Assist Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P999
Approved as to Form ¤ ___________
May 19, 2005 ¤ City Attorney
R E S O L U T I O N 2005-158
WHEREAS, the City of Grand Island invited sealed bids for Replacement Pump for Stolley
Park Well, according to plans and specifications on file at the Platte Generating Station; and
WHEREAS, on May 17, 2005, bids were received, opened and reviewed; and
WHEREAS, Layne-Western of Kearney, Nebraska, 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 $24,575.57; and
WHEREAS, such bid is below the estimate for such project.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Layne-Western of Kearney, Nebraska,
in the amount of $24,575.57 for replacement pump for Stolley Park well is hereby approved as the lowest
responsible bid.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute a contract for such project on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2005-159 - Approving Bid Requirement Waiver to Purchase Key
Secure System
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Fred Hotz
City of Grand Island City Council
Council Agenda Memo
From: Fred Hotz, Fire Prevention Division Chief
Meeting: May 24, 2005
Subject: Bid Requirement Waiver
Item #’s: G-14
Presenter(s): Fred Hotz, Fire Prevention Division Chief
Background
Approximately four years ago a search was conducted by the fire department to ascertain
how many companies offered a key box system and what the systems offered. At that
time Albertson’s Store along with Principal Finance were requesting the use of a key box
for their buildings that would allow the Fire Department access in the case of a fire
emergency. At that time, only one source was found. An evaluation was made of the key
box system offered by this company and a decision was made by fire officials to
accommodate these facilities with Knox Box. Since that time, approximately 45 different
public and private entities including county government buildings, schools and
community college, St. Francis Medical and nursing homes have volunteered to purchase
this key box and have put this key box system into use. The total cost of installation of
these boxes can range from $500 dollars to upwards of $1000 depending upon the key
box style and mounting type.
Discussion
The key box system offers numerous benefits, some of which were presented to the
council in December. One of the goals of the fire department is to eliminate the liability
of holding numerous keys to numerous buildings. In order to do our part in shoring up
this liability, we find it necessary to purchase from the Knox Box company, key retention
systems for each front line vehicle. This system locks the key on the vehicle. Access to
the key is by a code that tracks who uses the key and for how long. A rather significant
financial commitment to this key box concept has been invested by the public. As this
commitment continues to grow, so does the City’s liability to secure the keys in Fire
Department possession. By purchasing the key secure system offered by the Knox
Company, two goals would be met:
1) The City will be working in partnership with the public in providing our end of
the equation of security. The public has purchased the key box, we need to secure
the key that gains access to these boxes.
2) The City reduces the chances significantly of misplacing or losing the key box
key. The total cost for the purchase of the key secure system to be placed in the
front line emergency vehicles for 8 front line vehicles will be $4429.00.
Additional expense will be required to install the systems by the City Shop. This
cost is very small compared to the public investment already, but could be
significantly larger if a key were lost and we found ourselves replacing the locks
in all the Knox Boxes in town. More importantly, it tracks the use of the key so
that if a break-in occurs at a facility using a Knox Box, we can easily clear the
city of the chance of liability in the matter.
The Fire Department is requesting to waive the bid requirement because the Knox Box
Company can provide us with a key secure system that will secure the keys that we have
in use.
The monies needed for the purchase are targeted to come out of the Fire Department
“Individual Hardware” account #10022101-85540. The expenses for the installation are
targeted to come out of the “Repair Apparatus” account #10022101-85335. Both
accounts have sufficient funds.
What this waiver would not do
This waiver would not involve or is it associated with a requirement for anyone to
purchase a Knox (brand name) key box.
This waiver would not limit the choices someone interested in a key box system could
make for a purchase. (If someone wanted to use a different key box company, they could
do so. The fire department would simply need to make arrangements to acquire the key
for this box and develop a way to secure it.)
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the proposed resolution
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 to waive the
bidding requirements for purchasing the key retention system which would allow the City
to provide a secure system in partnership with public and private facilities tha t have
already voluntarily installed a Knox key box.
Sample Motion
Motion to approve the resolution to waive the bidding requirement for the purchase of
key secure systems from the Knox Box Company.
Approved as to Form ¤ ___________
May 19, 2005 ¤ City Attorney
R E S O L U T I O N 2005-159
WHEREAS, the fire department presently retains keys on emergency vehicles for various
businesses to be used in the event of a fire emergency; and
WHEREAS, a number of local businesses have invested in a key box system which allows
emergency personnel access to a master key for business subscribing to such service; and
WHEREAS, in order to eliminate potential liability associated with having access to various
businesses, it is recommended that the Fire Department purchase a Knox Box key secure system; and
WHEREAS, the cost to purchase and install such Knox Box Key Secure System on eight
front line emergency vehicles is $4,429.00; and
WHEREAS, such system is consistent with the key box system used by a number of
businesses, and would eliminate access to keys in the Fire Department's possession by unauthorized
individuals.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid requirements are hereby waived for the
purchase of a Knox Box key retention system for installation on eight fire emergency vehicles to provide a
secure system for accessing various businesses in the event of a fire emergency.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item I1
#2005-160 - Approving Authorization to Proceed with Emergency
Repairs to Public Infrastructure Caused by the May 11th and May
12th Flooding
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: Steven P. Riehle, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Steven P. Riehle, Public Works Director
Steve Paustian, Parks and Recreation Director
Meeting: May 24, 2005
Subject: Approving Authorization to Proceed with Emergency
Repairs to Public Infrastructure Caused by the May 11th
and May 12th Flooding
Item #’s: I-1
Presenter(s): Steven P. Riehle, Public Works Director
Steve Paustian, Parks and Recreation Director
Background
On May 11, 2005, Grand Island experienced severe flooding. Three areas are in need of
emergency repairs:
· North Road between Northwest High School and NE HWY 2; need to replace
culvert, backfill, and asphalt road.
· Coffer Dam wier structure on the Capital Avenue outfall ditch which is located on
North side of Capital Avenue; need to repair or replace.
· Wood River and Wood River Diversion low water crossings along for the bike
trail; damage assessment will not be completed until the water recedes.
Discussion
The City procurement code limits the dollar amount whereby City Staff can hire a
contractor to no more then $7,500.00. Staff believes the total cost will exceed $7,500.00
for each of the three emergency repair areas. We are requesting permission to use the
emergency procurement procedures as out lined in section 27-13 of the City Code to
acquire services of a contractor to perform the necessary emergency repairs.
Plans and specifications will be prepared for the North Road repair and the Capital
Avenue outfall ditch wier and bids received for each project before a Purchase Order is
issued. Since The Diamond Engineering Company is the contractor building the trail, a
price will be negotiated with them to perform any needed repairs to the trail.
City administration is pursuing disaster relief funding for these projects.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve authorization to use the City’s emergency procurement procedures
and authorize The Mayor to issue a purchase order to the contractor for the
work.
2. Refer the issue to a Committee.
3. Postpone the issue to a future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve authorization for the usage of
the City’s emergency procurement procedures and pass a resolution authorizing the
Mayor to issue a purchase order for the repairs.
Sample Motion
Move to approve the usage of the City’s emergency procurement procedures.
Capital Avenue
Outfall Ditch
Central Nebraska
Regional Airport
Coffer Dam Wier
N
Approved as to Form ¤ ___________
May 19, 2005 ¤ City Attorney
R E S O L U T I O N 2005-160
WHEREAS, the city's infrastructure sustained damage due to the May 11, 2005 storm and
resulting flooding; and
WHEREAS, immediate repairs are necessary to repair the following:
1. North Road, between Northwest High School and Nebraska Highway 2. Replace culvert,
backfill and asphalt road.
2. Coffer Dam wier structure on the Capital Avenue outfall ditch (north side of Capital Avenue).
Repair or replace structure.
3. Wood River and Wood River Diversion low water crossings along hike/bike trail. Assess damage
after water recedes, and make necessary repairs.
WHEREAS, using the City's standard procurement procedures to make such repairs will
not allow the required repair work to be completed in an acceptable time frame; and
WHEREAS, it is in the public interest to proceed immediately with the required repair
work; and
WHEREAS, it is appropriate and necessary to deal with this emergency by proceeding
under Section 27-13 of the Grand Island City Code (1988 ed.) and declare and authorize an emergency
procurement procedure; and
WHEREAS, for project items 1 and 2 identified above, the City proposes to request
informal bids for such project; and
WHEREAS, the Diamond Engineering Company is presently on contract to complete the
hike/bike trail identified above as project 3, it is suggested that City staff negotiate for necessary repairs on
such project; and
WHEREAS, the Diamond Engineering Company of Grand Island, Nebraska, is qualified to
do such work for project 3, and is available and willing to do such work on a very short notice; and
WHEREAS, the Diamond Engineering Company will evaluate the damage for project 3
repairs and report back to city officials with a proposed plan to repair the damage and a cost estimate to
make such repairs.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the use of the City's emergency procurement
procedures in this situation is hereby ratified.
- 2 -
BE IT FURTHER RESOLVED, that informal bids be obtained to proceed with emergency
repair work for project items 1 and 2 identified above.
BE IT FURTHER RESOLVED, that City staff negotiate with the Diamond Engineering
Company for necessary repairs on project 3 identified above.
BE IT FURTHER RESOLVED, that the Public Works Department is authorized to issue
purchase orders to the contractors for such projects.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 24, 2005.
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of May 11, 2005
through May 24, 2005
The Claims for the period of May 11, 2005 through May 24, 2005 for a total amount of
$2,306,509.88. A MOTION is in order.
Tuesday, May 24, 2005
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council