05-23-2006 City Council Regular Meeting PacketCity of Grand Island
Tuesday, May 23, 2006
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 Allen Runyon, Grand Island Family Church, 2304 Macron 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 "Tourism Recognition Month" May 2006
Whereas, travel and tourism is extremely important to the community of Grand Island in
terms of revenues generated, and because the travel and tourism industry contributes to the
employment, economic prosperity, international trade, and relations and peace,
understanding, and goodwill, Mayor Vavricek, in conjunction with the Hall County
Convention and Visitors Bureau, has proclaimed the month of May 2006 as "Tourism
Recognition Month". See attached PROCLAMATION.
Tuesday, May 23, 2006
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, the travel and tourism industry in Grand Island is vital to our
economic stability and growth and it contributes substantially to
Grand Island’s employment, economic prosperity, international
trade and relations, peace, understanding and goodwill; and
WHEREAS, travel and tourism ranks as one of Grand Island’s largest
industries in terms of revenue generated contributing over $114
million in our economy in 2005 with over 1 million people
visiting our attractions and staying in our hotels; and
WHEREAS, recognizing travel and tourism can be expected to play an even
greater role in the lives of those who live in the Greater Grand
Island area.
NOW, THEREFORE, I, Jay Vavricek, Mayor of the City Grand Island, Nebraska, in
recognition of the unique significance of the travel and tourism
industry in the lives of the citizens of Grand Island, do hereby
proclaim, May, 2006 as
“Tourism Recognition Month”
in the City of Grand Island, and urge all citizens to observe
tourism with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of
the City of Grand Island to be affixed this 23rd day of May in
the year of our Lord Two Thousand and Six.
________________________________________
Mayor of Grand Island, Nebraska
Attest: ________________________________________
RaNae Edwards, City Clerk
Item E1
Public Hearing on Request of Verizon Wireless for Conditional
Use Permit for a 150' Telecommunications Tower Located at 13th
Street and Highway 281
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Craig Lewis
City of Grand Island City Council
Council Agenda Memo
From: Craig A. Lewis, Building Department Director
Meeting: May 23, 2006
Subject: Request of Scott Goble on behalf of Verizon Wireless for
Approval of a Conditional Use Permit to Construct a
Telecommunication Tower at 3535 West 13th Street,
Grand Island, Nebraska
Item #’s: E-1 & H-1
Presenter(s): Craig Lewis , Building Department Director
Background
This is a request to allow for the construction of a 150' monopole telecommunication
tower at 3535 West 13th Street. This tower is proposed to provide coverage in the west
part of Grand Island and is located to receive calls from other Verizon cell sites.
The Grand Island Zoning Code requires that all telecommunication towers receive the
approval of the City Council in the form of a Conditional Use Permit prior to
construction. The intent of the tower and telecommunication facilities and antenna
regulations is to protect residential areas and land uses from the potential adverse impact
of the installation of towers and antennas through careful design, sitting, and
camouflaging, to promote and encourage shared use/collocation of towers, and to ensure
that towers and antennas are compatible with the surrounding land uses.
Discussion
The City Code specifies eight items to be submitted with the application for a tower
development permit, all of those items have been submitted with the exception of the
engineering certification of the tower and foundation. The submittal of the engineering
design after the approval of the tower location and approval of the conditional use permit
is reasonable.
One additional exception to the information submitted is the omission of the tower at
3205 W.N. Front Street, the KRGI radio site. As previously discussed with other tower
applications collocating due to the stringent Federal regulations appears difficult at best if
not impossible.
As there are three other telecommunication towers within the one mile radius of this
proposed site and the property to the west is zoned and planned to be a future residential
neighborhood, the proposed construction of a new tower does not appear to be in the best
interest of the area.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move 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 deny the request for a conditional use
permit to construct a telecommunication tower at this location. The proposal does not
appear to protect the future residential area to the west.
Sample Motion
Motion to deny the conditional use permit for a telecommunication tower for Verizon
Wireless, based upon the finding of facts as identified by the City Council.
Item E2
Public Hearing on Changes to Chapter 36 of the Grand Island City
Code ME-Manufacturing Estates Zone, in Reference to
Installation of Liquid Propane Storage Tank and Accessory
Wholesale Propane Sales
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: May 23, 2006
Subject: Amendment to Chapter 36 Regarding Propane Distribution
in the ME Zone
Item #’s: E-2 & F-4
Presenter(s): Chad Nabity, AICP
Background
The changes proposed here were requested by Bosselman Energy Inc. of Grand Island,
Nebraska. All areas with changes are highlighted. Additions are Italicized and underlined and
deletions are in strike out.
§36-71. (ME) Industrial Estates Zone
Intent: The intent of this zoning district is to provide for a variety of manufacturing,
truck, trailer, and truck/trailer parts retailing, truck, trailer, and truck/trailer parts wholesaling,
warehousing, administrative and research uses within an area of comparatively high visibility
and having quality standards to promote an industrial park atmosphere.
(A) Permitted Principal Uses: The following principal uses are permitted in the (ME)
Industrial Estates Zoning District.
(1) Any industrial/manufacturing use found in the Zoning Matrix [Attachment A hereto]
shall be permitted within this zoning district, provided, such use is in compliance with
miscellaneous provisions and performance standards listed in this section, or unless
specifically excluded, or a conditional use as listed below.
(2) Administrative offices for the wholesale distribution of propane when bottles are
filled from a bulk propane tank not to exceed 40,000 gallons and when such tank is
installed primarily to provide a source of heat for a building on the lot.
Discussion
The ME zone specifically prohibits the storage tanks for fuel and chemicals but that does not
prohibit the installation of a tank for heating purposes. The intent of the prohibition is to
limit the likelihood of the ME Zone becoming a tank farm atmosphere versus a campus
atmosphere. That intent and the prohibitions on storage of fuel do not limit the ability of
owners to heat their building with propane and to store propane on the property for that
purpose. A propane tank up to, or larger than 40,000 gallons, would be permitted as a source
of fuel for heating a building.
The Regional Planning Commission held a public hearing at their meeting on April 5, 2006
to take testimony on the proposed changes.
Ken Caldwell, representing Bosselman’s, stated that their plan is to construct a building for
warehousing, storage and office space and use propane to heat that building. They would also
like to be able to use this location for the wholesale distribution of bottled propane. Allowing
this use would let them move their current operation from its location on 3rd and Blaine.
A letter from Marlan Ferguson with the Grand Island Economic Development Corporation
supporting this request was presented to the Commission.
No other members of the public spoke at the public hearing.
Commissioner Pat O’Neill questioned if this would allow someone to put in a 10 x 12 office
and sell propane from the site. Nabity agreed that this would be a possibility but reminded
planning commissioners that the minimum lot size is 2.5 acres in the ME zone. Because of
the large lot size the above scenario is unlikely. Commissioners discussed the lot sizes and
the possibility that someone would build a small building with a large tank and decided not to
recommend amending the suggested language.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
A motion was made by Snodgrass and seconded by Haskins to approve and
recommend that approve changes to Chapter 36 as presented.
A roll call vote was taken and the motion passed with 8 members present (Haskins,
Reynolds, O’Neill, Miller, Eriksen, Ruge, Snodgrass, Monter) voting in favor and no
members voting against.
Sample Motion
Motion to approve the changes to Chapter 36 as presented.
Item E3
Public Hearing on Changes to Chapter 36 of the Grand Island City
Code TA-Transitional Agriculture Zone, in Reference to
Landscaping Contactor Business with Onsite Retail
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: May 23, 2006
Subject: Amendment to Chapter 36 Regarding Landscaping in the
TA Zone
Item #’s: E-3 & F-4
Presenter(s): Chad Nabity, AICP
Background
The changes proposed here were requested by Jason Harb of Harb’s Landscaping of
Grand Island, Nebraska. All areas with changes are highlighted. Additions are Italicized
and underlined and deletions are in strike out.
§36-60. (TA) Transitional Agriculture Zone
Intent: To provide for a transition from rural to urban uses, and is generally
located on the fringe of the urban area. This zoning district permits both farm and non-
farm dwellings at a maximum density of two dwelling units per acre, as well as other
open space and recreational activities. The intent of the zoning district also would allow
the raising of livestock to a limit and within certain density requirements.
(C) Permitted Accessory Uses:
(1) Guest building
(2) Customary home occupations
(3) Buildings, corrals, stables or pens in conjunction with the permitted uses
(4) Buildings for the display and sale of products grown or raised on the premises,
provided, the floor area does not exceed 500 square feet
(5) Offices incidental to and necessary for a permitted use
(6) Other buildings and uses accessory to the permitted principal uses
(7) Landscaping Contractor Business with limited retail sales when the following
conditions are met
(a) The business accessory to a farm, and located on a farm size parcel (20 acres
or more), and
(b) A sod farm, greenhouse and/or tree farm operation is located on the site, and
(c) Total retail floor area within a building on the site does not exceed 1000
square feet, and
(d) Total outdoor retail storage area for items not grown on site does not exceed
20,000 square feet, and
(e) Signage for the business shall be regulated by the Grand Island sign code for
signs in a residential district, and
(f) Offstreet parking spaces shall be provided on site in a manner and number
consistent with the requirements of the Parking and Loading Standards
included in this chapter for retail establishments.
Discussion
The TA zone is specifically designed to provide a buffer between the urban and rural
uses. Because of that function this zone takes on some of the aspects of both the urban
and rural zoning districts. In general, this usually means that more restrictions are placed
on the property limiting its use for agriculture while preventing development of the
property for urban uses.
A landscaping contractors business including limited on site retail, under the conditions
proposed, would permit an additional economically viable use for property in the TA
zone. This use under these conditions will also preserve a parcel that is large enough to
allow for the future redevelopment of the site at some point in the future.
It would appear that these proposed changes fall within the intent of the TA zone as it is
defined in the Grand Island Zoning Ordinance.
The Regional Planning Commission held a public hearing at their meeting on May 10,
2006 to take testimony on the proposed changes.
No other members of the public spoke at the public hearing. Jason Harb, the applicant for
this change, was at the meeting to answer Planning Commission questions.
Planning Commissioners discussed the proposed changes and asked if the proposed uses
would include a sod farm as well as green houses and nurseries. Nabity stated that sod
farms are permitted in the TA district and that this use was not included in the original
language but could be added. Commissioners also asked about parking requirements.
Nabity stated that the retail uses would require paved parking at 1 space per 200 feet of
retail floor area in the building. That would be a maximum of five spaces. Planning
Commission members thought this should be spelled out in the requirements for the use.
Nabity said that it could be added.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
A motion was made by Niemann and seconded by Monter to approve and
recommend that the Grand Island City Council approve the proposed changes to
Chapter 36 with the addition of sod farm to requirement (b) and the parking
requirements (g).
A roll call vote was taken and the motion passed with 9 members present
(Reynolds, O’Neill, Miller, Ruge, Snodgrass, Monter, Hayes, Brown, Niemann)
voting in favor and no members voting against.
Sample Motion
Motion to approve the changes to Chapter 36 as presented.
Item F1
#9044 - Consideration of Amending Chapter 8 of the Grand Island
City Code Relative to Building Codes
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Dale M. Shotkoski, Interim City Attorney
Meeting: May 23, 2006
Subject: Revisions to the Grand Island City Code: Chapters 8 -
Building Code; Chapter 17 - Garbage, Refuse, Waste and
Weeds; and Chapter 29 - Food Establishments
Item #’s: F-1, F-2, & F-3
Presenter(s): Dale M. Shotkoski, Interim City Attorney
Background
One of the goals set this year by Administration, the Mayor and City Council was to
revise and update the Grand Island City Code. As the effort to update the code is
continued, meetings were held with representatives of the Building Department and the
Central Nebraska Health Department to review and discuss changes to Chapters 8, 17 and
29.
Discussion
The City Code Revision Committee and Craig Lewis of the Building Department have
met as a result of the discussions concerning the Building Code, Chapter 8, and have
added in Section 8-40, a new definition for storable pools to cover inflatable or soft sided
pools which have the ability to be taken down and stored. Furthermore Section 8-41 was
amended to not require a permit for such storable pools. Former Section 8-80 requiring
the consent of contiguous property owners for the new location of a moved building was
deleted from code as it was no longer deemed necessary. Housekeeping matters taken
care of elsewhere in Chapter 8 amended the titles to the building code.
The Code Revision Committee and Ryan King of the Central District Health Department,
Craig Lewis of the Building Department and representatives of the Police Department
met and as a result of their discussions, the following changes were recommended to
Chapter 17. In Section 17-1, a new definition was added to cover hazardous waste.
Elsewhere throughout the code, the title of the Health Department was corrected and the
numbers for the other sections were cleaned up to reflect the correct numbering system.
Former Section 17-13 concerning a wrap requirement for wet garbage was recommended
to be deleted from the code as no longer being necessary. Section 17-52 concerning
notice to abate and removal of nuisance for weeds was rewritten to match the
requirements of Nebraska State Statutes concerning the abatement of a nuisance and
removal procedure for weeds thus eliminating the need to have three separate paragraphs
which were formerly Section 17-52; Section 17-53 and Section 17-54. Article V,
concerning graffiti was moved from its previous location in Chapter 8 of the City Code to
Chapter 17 to assist the coordination of enforcement of the code concerning graffiti and
to better organize the City Code.
The Code Revision Committee and Ryan King of the Central District Health Department
met to discuss Chapter 29 and as a result of these discussions, the following changes have
been recommended. In Section 29-2, it was recommended that a new definition for
bakery be established concerning the sale of baked goods. Also in Section 29-2, the
definition of food establishment was modified to match state statute. The convenience
store definition in Chapter 29-2 was deleted as no longer being necessary. In Section 29-5
of the code, it was recommended that the annual permit periods for the various types of
permits allowed be made uniform to run on an annual from May 1 of each year rather
than from staggered times throughout the year. Section 29-6 concerning temporary
permits was modified so that there would be allowed no more than three renewals of a
temporary food permit within a calendar year to prevent temporary businesses from in
essence becoming annual businesses without an annual permit.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move 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 changes recommended by
city staff to Chapters 8, 17 and 29.
Sample Motion
Motion to approve ordinance revising code sections.
Approved as to Form ¤ ___________
May 16, 2006 ¤ City Attorney
ORDINANCE NO. 9044
An ordinance to amend Chapter 8 of the Grand Island City Code; to amend
Sections 8-6, 8-40, 8-41, 8-110, 8-115, 8-141, 8-148, and 8-163 pertaining to housekeeping
issues; to delete 8-80 pertaining to moving principal buildings; to remove Division 11 of Article
VII of Chapter 8 pertaining to Graffiti; to repeal Sections 8-6, 8-40, 8-41, 8-80, 8-110, 8-115, 8-
141, 8-148, and 8-163 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 8-6 of the Grand Island City Code is hereby amended to
read as follows:
§8-6. Building Code Advisory Board
There is hereby established a Building Code Advisory Board set out as follows:
BUILDING CODE ADVISORY BOARD
The purpose of the Building Code Advisory Board is to determine the suitability of alternate materials and
methods of construction.
Purpose. Whereas , there may arise a design or material that may not meet the exact criteria of the Uniform
Building Code, especially in the areas of Energy Related projects, this Board shall examine the data available,
and/or may require any additional data, to determine that the proposed material or method is at least equivalent of
the purpose as set forth in the Building Codes. The Board may not waive any requirements of the Building Codes,
but only approve in lieu of/alternate methods of materials.
Member. The Building Code Advisory Board members will be appointed by the mayor and approved by the
city council. They shall be persons who are qualified by experience and training to pass upon matters pertaining to
building construction. The Board shall consist of seven members. The chief building official shall be an ex officio
member and will act as secretary of the Board. One city council member shall also act as an ex officio member. At
least four members of the Board must be present to constitute a quorum and be able to act.
Chairman/Officers; Length of Service. A chairman and vice chairman will be selected from among the
seven members and each will serve a two-year term. The seven members will serve two-year terms, alternating four
and three on a yearly basis.
Request Procedure. The request process for the Board shall be as follows:
(1) If an applicant shall be denied a building permit or shall receive disapproval from the chief building
official, the applicant may file a request on the forms furnished by the Building Department, together with a
request procedure fee in accordance with the City of Grand Island Fee Schedule, stating in full detail what the
product or project is, the use, sections of the Code that cannot be fully complied with, what the alternative
material or method will be, and sufficient evidence supporting the request. This shall be filed with the chief
building official who shall then notify the officers of the Board, who shall set a time of meeting, and the
meeting shall be within ten (10) days of the date of application.
(2) The meeting of the Building Code Advisory Board shall be presided over by the chairman.
ORDINANCE NO. 9044 (Cont.)
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(3) The Board shall hear all evidence by the party requesting consideration and a presentation by the chief
building official.
(4) After hearing all evidence presented, the Board shall determine whether the proposed alternate method of
material is equivalent with the interest and safety of the Code, or may recommend changes to their satisfaction.
(5) An order approving such a request shall require a "Yes" vote of four of the Board members.
(6) The Board shall render all decisions in writing to the applicant and the chief building official within a
reasonable period of time.
SECTION 2. Section 8-40 of the Grand Island City Code is hereby amended to
read as follows:
§8-40. Swimming Pool; Definition
Private Swimming Pool means any constructed or assembled pool that is not publicly owned which is more
than 24 inches in depth and has a surface area of more than 150 square feet and which is used or intended to be used
as a swimming pool.
Storable pool means any inflatable or soft-sided pool that has the ability to be taken down and stored.
SECTION 3. Section 8-41 of the Grand Island City Code is hereby amended to
read as follows:
§8-41. Swimming Pool; Permit Required
It shall be required that a permit be issued for the construction or placement of a private swimming pool
from the chief building official prior to such construction or placement. An application for a permit shall be
submitted by the owner or his agent of the property upon which the pool is to be located. Such application shall be
accompanied by a duplicate set of plans, specifications, and plot plans. The plot plan shall show the accurate
location of the proposed pool on the property and properly establish distances to existing lot lines, buildings and
fences, and to additional proposed structures or fences. No permit shall be issued until such plans, specifications and
plot plans have been approved by the chief building official as being in conformance with all local regulations
pertaining to private swimming pools.
Storable pools shall not require a permit as identified by this section.
SECTION 4. Section 8-80 of the Grand Island City Code is hereby dele ted:
§8-80. Consent of Contiguous Property Owners
Before granting permission to move any principal building from one lot to another or from any piece of
property to another or to change the location of any building on the same lot or any piece of property to face in
another direction or upon another street, the consent of a majority of the property owners of the half block to which
such building or structure is to be located and also the consent of the majority of the property owners of the half
block facing such new location must be obtained in writing on petitions furnished by the building department. The
applicant, for such permission, shall provide a photograph (not less than three inches by five inches in size) of such
house or structure which shall become part of the record of the building department and shall be presented as part of
the petition to the owners for signing. This signed petition and photograph shall be on file in the building department
before any permit shall be issued for the moving of any such building or structure.
ORDINANCE NO. 9044 (Cont.)
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SECTION 5. Section 8-110 of the Grand Island City Code is hereby amended to
read as follows:
§8-110. Condemnation of Unsafe Buildings
Any building or other structure, or any part thereof which is in part or in whole structurally unsafe,
dilapidated, defective, unhealthful, insufficient, or unsafe for the purposes for which it is used, detrimental to the
community for any just cause, or in violation of the Grand Island City Code or Uniform Building Code as amended
and adopted, is hereby determined to be dangerous and shall be made safe by the owner of record of the property
within the time set forth in written notice from the Building Department Director, or his/her designee. Where
immediate action is deemed necessary to protect life, health, or property, the Building Department Director, or
his/her designee may direct such building or other structure or portion thereof to be vacated forthwith, closed and
not used or occupied until made safe as required by the said Building Department Director, or his/her designee. Any
buildings or other structures, or any part thereof which is determined after inspection by the Building Department
Director, or his/her designee to be dangerous as defined above, are hereby declared to be public nuisances and shall
be abated by repair, alteration, rehabilitation, demolition, or removal in accordance with this Code.
SECTION 6. Section 8-115 of the Grand Island City Code is hereby amended to
read as follows:
§8-115. Standards for Repair, Etc.
The following standards shall be observed or followed in determining whether a public nuisance shall be
repaired, altered, rehabilitated, demolished or removed:
(1) If the building or other structure or any part thereof can reasonably be repaired, altered, or rehabilitated so that
it will no longer exist in violation of the Grand Island City Code or Uniform Building Code as amended and
adopted, it shall be ordered repaired, altered, or rehabilitated.
(2) If the building or the structure or any part thereof is in such condition that it cannot reasonably be repaired so
that it will no longer exist in violation of the Grand Island City Code or Uniform Building Code as amended and
adopted, it shall be ordered demolished or removed.
(3) In any case where a building or other structure or any part thereof is fifty percent damaged, decayed or
deteriorated from its original value or structure, it shall be demolished or removed.
(4) In any case where a building or other structure or any part thereof is a fire hazard existing in violation of the
Grand Island City Code or Uniform Building Code as amended or adopted, or the Statutes of the State of Nebraska,
including but not limited to the Life Safety Code, it shall be demolished or removed.
SECTION 7. Section 8-141 of the Grand Island City Code is hereby amended to
read as follows:
§8-141. Definitions
For the purpose of this code, certain terms, phrases, words and their derivatives shall be construed as
specified in either this chapter or as specified in the Building Code. Where terms are not defined, they shall have
their ordinary accepted meanings within the context with which they are used. Webster's Third New International
Dictionary of the English Language, Unabridged, copyright 1981, shall be considered as providing ordinary
accepted meanings. Words in the singular include the plural, and the plural the singular. Words used in the
masculine gender include the feminine, and the feminine the masculine.
BUILDING CODE is the Uniform Building Code promulgated by the International Conference of Building
Officials, as adopted by the City of Grand Island this jurisdiction
ORDINANCE NO. 9044 (Cont.)
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EFFICIENCY DWELLING UNIT is a dwelling unit containing only one habitable room and meeting the
requirements of the Building Code Exc eption.
HEALTH OFFICER is the legally designated head of the Department of Health of this jurisdiction.
HOT WATER is hot water supplied to plumbing fixtures at a temperature of not less than 110°F.
MECHANICAL CODE is the Uniform Mechanical Code promulgated jointly by the International Conference of
Building Officials and the International Association of Plumbing and Mechanical Officials, as adopted by the City
of Grand Island this jurisdiction.
NUISANCE. The following shall be defined as nuisances:
(1) Any public nuisance known at common law or in equity jurisprudence.
(2) Any attractive nuisance which may prove detrimental to children whether in a building, or the premises of
a building, or upon an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations;
abandoned refrigerators and motor vehicles; or any structurally unsound fences or structures; or any lumber,
trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.
(3) Whatever is dangerous to human life or is detrimental to health, as determined by the health officer.
(4) Overcrowding a room with occupants.
(5) Insufficient ventilation or illumination.
(6) Inadequate or unsanitary sewage or plumbing facilities.
(7) Uncleanliness, as determined by the health officer.
(8) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as
determined by the health officer.
PLUMBING CODE is the Uniform Plumbing Code promulgated by the International Association of Plumbing and
Mechanical Officials adopted by the City of Grand Island.
WORKMANLIKE is executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, and
without marring adjacent work.
SECTION 8. Section 8-148 of the Grand Island City Code is hereby amended to
read as follows:
§8-148. Light and Ventilation
(1) Natural Light and Ventilation. All guest rooms, dormitories and habitable rooms within a dwelling unit shall be
provided with natural light by means of exterior glazed openings with an area not less than one twentieth of the floor
area of such rooms with a minimum of 5 square feet. All bathrooms, water closet compartments, laundry rooms and
similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not
less than one-twentieth of the floor area of such rooms with a minimum of 1 1/2 square feet. All guest rooms,
dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of
openable exterior openings with an area of not less than one-twentieth of the floor area of such rooms with a
minimum of 5 square feet.
(2) Origin of Light and Ventilation. Required exterior openings for natural light and ventilation shall open directly
onto a street or public alley or a yard or court located on the same lot as the building.
EXCEPTION: Required windows may open into a roofed porch where the porch:
(a) Abuts a street, yard, or court; and
(b) Has a ceiling height of not less than 7 feet; and
(c) Has the longer side at least 65 percent open and unobstructed.
A required window in a service room may open into a vent shaft which is open and unobstructed to the sky and not
less than 4 feet in least dimension. No vent shaft shall extend through more than two stories.
For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an
adjoining room when one half of the area of the common wall is open and unobstructed and provides an opening of
not less than one tenth of the floor area of the interior room or 25 square feet, whichever is greater.
(3) Mechanical Ventilation. In lieu of openable windows for natural ventilation, a mechanical ventilation system
may be provided. Such system shall be capable of providing two air changes per hour in all guest rooms,
dormitories, habitable rooms, and in public corridors. One-fifth of the air supply shall be taken from the outside. In
ORDINANCE NO. 9044 (Cont.)
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bathrooms, water closet compartments, laundry rooms, and similar rooms, a mechanical ventilation system
connected directly to the outside or into attic space properly ventilated in compliance with the current uniform
building code capable of providing five air changes per hour, shall be provided.
(4) Hallways. All public hallways, stairs and other exitways shall be adequately lighted at all times in accordance
with the Building Code.
SECTION 9. Section 8-163 of the Grand Island City Code is hereby amended to
read as follows:
§8-163. Heating and Ventilation
(1) Heating. Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a
room temperature of 70 degrees F. Such facilities shall be installed and maintained in a safe condition and in
accordance with the provisions of the Grand Island City Code, and all other applicable laws. No unvented or open
flame gas heater or apparatus shall be permitted. All heating devices or appliances shall be of an approved type.
(2) Electrical Equipment. All electrical equipment, wiring and appliances shall be installed and maintained in a
safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.
(3) Ventilation. Ventilation for rooms and areas, and for fuel burning appliances shall be provided as required in
the Grand Island City Code. Ventilating equipment shall be of an approved type, installed and maintained in a safe
manner and in compliance with the current uniform building code and all other applicable laws. When mechanical
ventilation is provided in lieu of the natural ventilation, such mechanical ventilating system shall be maintained in
operation during the occupancy of any building or portion thereof.
SECTION 10. Division 11 of Article VII of Chapter 8 of the Grand Island City
Code pertaining to graffiti is hereby removed from Chapter 8 and will move into Chapter 17 of
Grand Island City Code.
SECTION 11. Sections 8-6, 8-40, 8-41, 8-80, 8-110, 8-115, 8-141, 8-148, and 8-
163 as now existing, and any ordinances or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 12. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 13. 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. 9044 (Cont.)
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Enacted: May 23, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F2
#9045 - Consideration of Amending Chapter 17 of the Grand
Island City Code Relative to Garbage, Refuse, Waste, and Weeds
See memo under Ordinance Item F-1.
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Approved as to Form ¤ ___________
May 16, 2006 ¤ City Attorney
ORDINANCE NO. 9045
An ordinance to amend Chapter 17 of the Grand Island City Code; to amend
various sections of Chapter 17 pertaining to housekeeping issues; to clarify the requirements for
nuisance abatement of weeds; to move regulations pertaining to Graffiti from Chapter 8 to
Chapter 17 of the City Code; to repeal Chapter 17 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. Chapter 17 of the Grand Island City Code is hereby amended to
read as follows:
CHAPTER 17
GARBAGE, REFUSE, WASTE, AND WEEDS
Article I. Garbage, Refuse and Waste
Division 1. Duty of Disposal
§17-1. Definitions
For the purposes of this chapter, the following words and phrases shall have the following meanings:
City Solid Waste Disposal System. The City solid waste disposal system shall mean and include the City-
operated sanitary landfill, the City-operated transfer station, and the City-operated compost site.
Compost. Compost shall mean the end product of an aerobic degradation process of yard and garden waste.
Approved backyard composting site shall mean one which uses only composting materials as defined herein.
Construction and demolition waste. This shall mean waste which results from land clearing, the demolition
of buildings, roads or other structures, including but not limited to, beneficial fill materials, wood (including painted
and treated wood), land clearing debris other than yard waste, wall coverings (including wall paper, paneling and
tile), drywall, plaster, non-asbestos insulation, roofing shingles and other roof coverings, plumbing fixtures, glass,
plastic, carpeting, electrical wiring, pipe and metals. Such waste shall also include the above listed types of waste
that result from construction projects. Construction and demolition waste shall not include friable asbestos waste,
special waste, liquid waste, hazardous waste and waste that contains polychlorinated biphenyl (PCB), putrescible
waste, household waste, industrial solid waste, corrugated cardboard, appliances, tires, drums and fuel tanks.
Dead Animals. These words shall mean all small animals such as cats, dogs, and rabbits, which die from
any cause. They shall in no way mean large animals such as goats, horses, mules and cows which shall die from any
cause.
Detachable container. A detachable container is a container of the size approved by the Central District
Health Department Department of Health that can be lifted and dumped by a collection truck mechanism.
Garbage. This word shall be held to include every accumulation of animal, fruit or vegetable food waste
generated by or resulting from the decay, deterioration, storage, preparation or handling of any animal and vegetable
matter in any place or at any point where food is prepared for human consumption, including all kitchen and dining
ORDINANCE NO. 9045 (Cont.)
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room refuse produced by households, hotels, restaurants, lunch rooms, clubs, hospitals, schools, stores, warehouses,
cold storage plants, creameries, bakeries, or any other source whatsoever existing in the City.
Hazardous Waste. This word shall mean a solid waste, or combination of solid wastes, which because of its
quantity, concentration, or physical, chemical or infectious characteristics may (a) cause or significantly contribute
to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness or (b) pose a
substantial present or potential hazard to human or animal health or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Junk. Junk shall mean old or scrap copper, brass, rope, batteries, rubber, dismantled or wrecked
automo biles, trucks, tractors, and farm machinery or parts thereof, iron, steel, and other old or scrap ferrous or non-
ferrous material, which are not held for remelting purposes by an establishment having facilities for remelting
material.
Litter. Litter shall include, but not be limited to: (i) Trash, rubbish, refuse, garbage, paper, rags, and ashes;
(ii) wood, plaster, cement, brick, or stone building rubble; (iii) grass, leaves, and worthless vegetation; (iv) offal and
dead animals; and (v) any machine or machines, vehicle or vehicles, or parts of a machine or vehicle which have lost
their identity, character, utility, or serviceability as such through deterioration, dismantling, or the ravages of time,
are inoperative or unable to perform their intended functions, or are cast off, discarded, or thrown away or left as
waste, wreckage, or junk.
Minimum Service Collection. A minimum service collection in a residential district shall mean not more
than one full 32 gallon garbage can or any number of full baskets, boxes, sacks, or bundles equal in volume to but
not exceeding one 32-gallon garbage can. The weight of such collection shall not exceed 50 pounds. Such minimum
service collection shall be on a once-a-week basis.
Refuse. This word shall be held to include the waste material from normal households or living conditions
and business operations other than garbage, but the term shall not include waste materials from building construction
or repair, factory wastes, or refuse from industrial plants of any character. In general, the kinds of materials
classified as refuse are paper, rags, bottles, tin cans, bottle caps, cardboard, wornout clothing or furniture, household
appliances, excelsior, garden or tree trimmings, and similar materials.
Regular Collection. A collection in a residential district shall mean not more than three full thirty-two
gallon garbage cans, or two full thirty-two gallon cans and any number of full baskets, boxes, sacks, or bundles
equal in volume to not exceeding one thirty-two gallon garbage can. A regular collection shall be on a twice-a-week
basis.
Salvage Yard. 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 any material similar to those listed herein.
Special Waste. A solid waste, except waste which is regulated as a hazardous waste, which possesses
physical, chemical, or biological characteristics that make it different from general household, or construction and
demolition waste, and which requires special handling, treatment, or disposal methodologies in order to protect
public health, safety, and the environment.
Waste material. This word shall be held to include all items, objects, or material not included within the
definition of garbage, litter, dead animals, yard waste, or refuse as well as petroleum oils, greases, solvents, and
fuels, insecticides, herbicides, chemical waste, hazardous materials, or any materials similar to those listed herein.
Yard Waste. Yard waste shall mean grass and leaves and shall not include other yard debris such as tree
limbs and brush.
§17-2. Duty of Enforcement Department of Health
The Central District Department Health Department or the Grand Island Police Department employees of
the City of Grand Island are hereby charged with the duty of enforcing the provisions of this chapter pertaining to
the collecting, transporting, and disposing, by approved methods, of all garbage, litter, refuse, yard waste, and waste
materials within the City. Approved methods of disposal for garbage, litter, refuse and waste materials are as
follows:
(A) By delivery to a licensed garbage or refuse collector;
(B) By hauling to the City-operated sanitary or landfill transfer station and dispensing there as directed by the
person in charge; provided, that the transportation conforms to the requirements of §17-35§17-26;
(C) By disposal of garbage in a home garbage disposal unit.
ORDINANCE NO. 9045 (Cont.)
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Approved methods of disposal for yard waste are as follows:
(A) By utilizing such yard waste in an approved backyard composting site;
(B) By delivery to a licensed garbage collector in a separate yard waste collection service;
(C) By hauling to the City-operated composting site, which is adjacent to the City's transfer station, and
dispensing there as directed by the person in charge.
§17-3. Removal; Duty of Owner
It shall be the duty of every owner, and person in possession, charge, or in control of any dwelling, flat,
rooming house, apartment house, hospital, school, hotel, club, restaurant, boarding house, or eating place, or in
possession, in charge, or in control of any shop, place of business, or manufacturing establishment, where garbage,
litter, refuse, yard waste, or other waste material is created, or accumulated, to remove or cause to be removed from
the premises where accumulated such garbage, litter, refuse, yard waste or waste material.
It shall be unlawful to place garbage, litter, refuse, yard waste, or waste material in any alley, easement, or
vacant property.
§17-4. Litter and Offensive Substances Prohibited; Removal
It shall be the duty of every owner, lessee, tenant, or occupant of any lot or parcel of ground within the city
or within two (2) miles of the corporate limits thereof to keep said premises owned, leased, or occupied by such
person free from garbage, litter, refuse, rubbish, brush, trash, junk, old building material, offal, manure, and any
other offensive or unwholesome matter, and it shall be unlawful for such owner, lessee, tenant, or occupant of such
lot or parcel of ground to permit, keep, or maintain thereon any such condition liable to become putrid or injurious
to the public health, or any such condition liable to produce disease, or which is conducive to the breeding and
existence of rats, mice, flies, mosquitoes, bacteria, or any other rodent or insects. The maintenance or permitting of
any of the foregoing conditions on any such lot or parcel of ground is hereby declared to be a public nuisance and
shall constitute a misdemeanor punishable as hereinafter provided in this code.
§17-5. Penalty for Violation
Any person violating §17-4 shall upon conviction be deemed guilty of a code violation. Each day shall
constitute a separate offense and be punishable as provided in this Code.
§17-6. Notice to Remove; Noncompliance with Notice
Whenever it shall come to the knowledge of the Health Director, his or her designee or employees of the
City of Grand Island, that there exists upon such lot or parcel of ground such nuisance, the Health Director, his or
her designee or employees of the City of Grand Island shall cause a notice to abate and remove said nuisance within
five (5) days to be served upon the owner or the owner's authorized agent, and upon the tenant or occupant of said
premises. Said notice shall be served either in person or by mailing such notice by first-class mail, postage prepaid
and by certified or registered mail. If such owner, lessee, tenant, or occupant shall have failed or refused to abate and
remove such nuisance at the expiration of the date fixed upon such notice, the Director of Health, his or her designee
or employees of the City of Grand Island may cause such nuisance to be removed from such parcel or lot, and from
any roads, streets, or alleys abutting thereon as set forth in §17-7 Section 17-4.3 of this Chapter.
§17-7. Procedure for Removal for Noncompliance
If the Health Director, his or her designee or employees of the City of Grand Island determines that there
exists upon any lot or parcel of ground the conditions described above in such a manner as to constitute an
immediate nuisance and hazard to the public health and safety, the director, his or her designee or employees of the
City of Grand Island shall request the Mayor or his/her designee to declare that such an immediate public nuisance
exists, and after any such declaration, the Health Director, his or her designee or employees of the City of Grand
Island shall cause to be issued a written notice to abate and remove such public nuisance from such lot or parcel of
land within twenty-four (24) hours. Said notice shall be served by personal service upon the owner or the owner's
authorized agent, and to any tenant, lessee, or occupant of the premises. If such owner, tenant, lessee, or occupant
shall have failed or refused to abate and remove such nuisance at the expiration of the twenty-four (24) hours from
delivery of the notice, the Health Director, his or her designee or employees of the City of Grand Island shall cause
such nuisance to be removed from such parcel or lot and from any roads, streets, or alleys abutting thereon.
ORDINANCE NO. 9045 (Cont.)
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§17-8. Assessment; Levy; Collection
If the costs and expenses of removing litter is not paid within the time provided, the city council shall, and
it is hereby empowered to, levy and assess the costs and expenses of such work upon the property so benefitted. The
same shall be levied on all lots, tracts or parcels of land to the extent of the special benefits to such real estate, by
reason of such improvement, such benefits to be determined by the city council sitting as a board of equalization
after publication in a newspaper having general circulation in the City and personal notice at least ten days prior
thereto. The assessments so levied shall be a lien on the property on which levied from the date of levy and shall be
due and payable to the city treasurer thirty days after such levy and shall become delinquent fifty days after such
levy and shall bear interest at the rate of seven percent per annum from the date they become delinquent; and, at the
time of the next certification for general revenue purposes to the county clerk, if not previously paid, the special
taxes shall be certified to the county clerk and by him be placed upon the tax list and be collected as other real estate
taxes are collected, and be paid over to the city treasurer.
§17-9. Disposal of Large Dead Animals
All dead animals such as horses, cows, mules and goats, shall be the property of the owner thereof and shall
be promptly hauled away and disposed of by such owner at no cost to the City.
§17-10. Disposal of Construction and Demolition Waste
All accumulation of waste occasioned by the construction, alteration, remodeling, rebuilding, repairing,
and/or demolition of buildings or structures shall be removed and disposed of by the owner or contractor at no
expense to the City and such waste shall not be considered as garbage or refuse within the meaning of this article.
§17-11. Reserved
§17-12. Reserved
§17-13. Reserved
Division 2. Disposal Receptacles
§17-14. Garbage Receptacles; Residential
It shall be the duty of every owner or occupant of any residential premises where meals are served or where
garbage or refuse is created or accumulated to provide and keep on the premises suitable and sufficient watertight,
rodent-proof and insect-proof metal or plastic receptacles, equipped with a tight-fitting lid and handles or a bail for
easy handling. Such receptacles shall not be larger than thirty-two gallons; provided, in multi-family residential
areas, detachable containers may be used upon approval of the Central District Health DepartmentDepartment of
Health.
§17-15. Garbage Receptacles; Non-residential
It shall be the duty of every owner or occupant of any non-residential premises where meals are served or
where garbage or refuse is created or accumulated to provide on such premises suitable and sufficient watertight,
rodent-proof and insect-proof metal or plastic receptacles, equipped with a tight-fitting lid and handles or a bail for
easy handling, provided, other receptacles may be used in accordance with the following:
(A) Fiber or pressed board receptacles may be used as garbage containers for restaurants, cafes and other similar
businesses if such receptacles are protected from the elements and covered so that the contents will not blow
away;
(B) Detachable containers may be used upon approval of the Central District Health DepartmentDepartment of
Health.
Except as provided above, garbage receptacles in non-residential areas shall not exceed twenty gallons. Fifty-five
gallon barrels or drums shall not be permitted as garbage receptacles.
§17-16. Duty to Keep Clean
It shall be the duty of every person to keep his or her garbage receptacles or waste cans reasonably clean
and free from offensive odors.
ORDINANCE NO. 9045 (Cont.)
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§17-17. Garbage Receptacles; Storage
All receptacles and cans used for the collection of garbage and refuse shall be kept on the rear of the lot or
at a convenient place upon the private premises to facilitate the collection thereof; provided, that where residential
premises do not abut alleys, all baskets, boxes, plastic sacks, bundles, or other containers of leaves or grass, shall be
placed by the owner or occupant of any such residential premises at the curb adjacent to the premises prior to the
time of collection to facilitate the collection thereof. In no event shall receptacles, cans, or storage racks be located
or permitted in City alleys, easements, or other City right-of-way.
§17-18. Receptacles; Repair or Replacement
If garbage cans or receptacles are in a state of disrepair, or do not meet the requirements of this article, it
shall be the duty of the Central District Health Department Department of Health to leave notice with the owner
thereof directing such repair or replacement as may be necessary.
§17-13. Wet Garbage
All wet garbage in the residential districts shall be securely wrapped in waste paper or put in paper sacks or
containers before placing the same in garbage cans or receptacles.
§17-19. Tree Limbs and Branches
All tree limbs and branches to be picked up as garbage or refuse shall be cut so that none shall be more than
five feet in length and the same shall be tied in bundles not to exceed fifty pounds in weight.
§17-20. Reserved
§17-21. Reserved
§17-22. Reserved
Article II. Collection, Transportation and Disposal
Division 1. Licensed Collectors
§17-23. License Required; Fee
(A) It shall be unlawful for any person, firm, or corporation to collect and transport garbage or refuse for hire
without first obtaining a license therefor from the City.
(B) The following two types of licenses are authorized:
(1) Garbage Hauler License entitles the licensee to collect and transport both garbage and refuse.
(2) Refuse Hauler License entitles the licensee to collect and transport only refuse.
(C) The license year shall run from October 1 of the calendar year to September 30 of the following calendar year.
(D) The fee for a garbage hauler license shall be in accordance with the City of Grand Island Fee Schedule, no part
of which shall be refundable.
(E) The fee for a refuse hauler license shall be in accordance with the City of Grand Island Fee Schedule, no part of
which shall be refundable.
(F) The provisions of this section shall not apply to lawn care or tree trimmer businesses.
(G) No license issued hereunder shall be transferable.
§17-24. Residency Requirements
All garbage hauler licensees must be and remain residents of Hall County, Nebraska, at all times during the
license year. This requirement must be met in one or more of the following ways:
(A) By the individual licensee; or
(B) If the licensee is a partnership, by at least one partner; or
(C) If the licensee is a corporation, by the corporation's registered agent or one or more corporate officers;
or
(D) If a licensee cannot satisfy the residency requirements set forth in subsections (A) through (C) above,
the licensee must appoint a person as an agent who is authorized to receive service of process for the licensee
and who meets the residency requirements of this section. Said authorization shall be in writing, acknowledged
ORDINANCE NO. 9045 (Cont.)
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before a notary, and shall contain a provision that said authorization may not be revoked without the prior
written consent of the City.
§17-25. Application for License; Renewal
(A) Any individual, partnership, or corporation applying for a garbage hauler's license or a refuse hauler's license
shall file the following with the city clerk:
(1) A completed application form;
(2) A list of all vehicles and auxiliary equipment therefor to be used by the applicant in collecting and
transporting garbage or refuse. All motor vehicles shall be identified in the manner required by §17-26§17-18;
(3) A certificate of insurance as required by §17-29§17-21;
(4) A performance bond as required by §17-30 §17-22 (garbage hauler licensees only);
(5) The fee for the license for which application is made as established by §17-23§17-15;
(6) A copy of the document appointing an agent pursuant to subsection 17-24 17-16 (D), if the residency
requirement of said section is being met under that subsection;
(7) A certificate from the Central District Health Department Department of Health showing that the
licensee's equipment and method of operation are in compliance with the department's guidelines therefor
approved by the city council under §17-26§17-18 (B).
(B) Within three (3) business days of receiving the application and all required documents, tThe city clerk shall issue
the appropriate license to the applicant after city council approval.
(C) The procedure for license renewal shall be the same as for a new license, with the additional requirement that the
licensee must file his, her, or its application for renewal at least ten days but not more than thirty days prior to the
expiration date of the license.
§17-26. Vehicle Specifications
(A) Any vehicle used by a refuse hauler licensee to collect and transport refuse shall be equipped with a
cover of such a material sufficient to prevent any refuse and waste materials from being blown away or jarred off
such vehicle.
(B) Any vehicle used by a garbage hauler licensee to collect and transport garbage, shall have a body
designed specifically for the transportation of garbage which meets the Central District Health Department
Department of Health guidelines therefor. The Central District Health Department Department of Health shall
submit said guidelines to the city council for approval prior to implementation.
(C) All garbage and refuse vehicles used by licensees shall display a commercially prepared sign showing
the name of the licensee in letters not smaller than four inches high.
(D) All applicants and licensees shall provide the city clerk with a list of all vehicles to be used in
collecting and transporting garbage and/or refuse. For each vehicle, the list shall state: (1) the vehicle's make and
model; (2) the VIN number; (3) the year produced; (4) the license plate number; and (5) the gross vehicle weight
(GVW). Said list shall be updated whenever any vehicle is added or deleted from usage.
(E) All vehicles and equipment used by a licensee shall be maintained in as clean and sanitary a condition
as possible while in use.
§17-27. Office and Telephone Required
All garbage hauler licensees shall maintain one or more offices within the zoning jurisdiction of the City of
Grand Island at all times during the license year, which are available for contact by the public from 8:00 a.m. to 5:00
p.m. from Monday through Friday, and from 8:00 a.m. to 12:00 Noon on Saturday. A licensee may use an automatic
telephone answering machine or similar device for this requirement.
§17-28. Complaints
All garbage hauler licensees shall:
(A) Maintain a local telephone number for the receipt and processing of complaints, which will enable
customers to make contact with the licensee during the business hours established by §17-27§17-19.
(B) Make an investigation as to the validity of all complaints received, and take corrective action on all
valid complaints within twenty-four (24) hours of receiving said complaint.
ORDINANCE NO. 9045 (Cont.)
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(C) Maintain a record of complaints received, which sets forth the following information:
1. The name and address of the complainant;
2. The date and time the complaint was received;
3. The action taken in response to the complaint; and
4. The date and time action was taken.
(D) Make the records required by subparagraph (C) above available for inspection by the City
during the business hours established by §17-27 §17-19 or produce said records for inspection by
the city council upon request.
(E) Publish a notice in the local weekly newspaper at least once every six (6) months, which
informs the licensee's customers of the phone number or numbers which may be called if they
have any complaints or questions regarding their garbage service. Said notice may be contained
within and be a part of the licensee's normal advertisements.
(F) The requirements of this section may be met by either the licensee or a designated agent.
§17-29. Insurance
(A) Every licensee shall maintain in full force and effect insurance policies written by a company or companies
authorized to do business in Nebraska, in the following amounts:
(1) Worker's Compensation insurance in compliance with the laws of Nebraska, and Employer's
Liability insurance with limits of not less than $100,000; except that a sole proprietor applying for a refuse
hauler license who has no employees shall be exempt from providing proof of Worker's Compensation
insurance.
(2) Comprehensive General Liability Insurance covering the operations of the licensee with limits of
not less than $500,000 per occurrence for bodily injury and property damage.
(B) The licensee shall furnish the city clerk a certificate or certificates of insurance for the above insurance coverage
which shall contain a statement that said policies contain a provision that said policies may not be canceled without
written notice of such cancellation having been served on the City at least thirty (30) days prior to the date of
cancellation.
§17-30. Performance Bond
(A) Each garbage hauler licensee shall maintain in full force and effect a performance bond with a corporate surety
licensed to do business in Nebraska and in favor of the City and all customers of the licensee, guaranteeing:
(1) That all services purchased by the licensee's customers shall be furnished in a manner in full compliance
with the provisions of §17-23 §17-15 through §17-38 §17-26 inclusive, or the money paid therefor be refunded
in total to said customer or customers;
(2) That all the licensee's duties under all contracts with residential customers shall be performed; and
(3) That all fees owed the City, including landfill fees and spillage cleanup fees, shall be paid in full by the
20th day of the month as indicated in §17-42§17-30.
(B) The bond required hereby shall be in the amount of fifty thousand dollars ($50,000.00).
§17-31. License Revocation
(A) The city council may, after notice and hearing, suspend or permanently revoke a garbage hauler's or refuse
hauler's license, for one or more of the following reasons:
(1) Failing to maintain residency requirements of §17-24§17-16.
(2) Failing to maintain all insurance required by §17-29§17-21.
(3) Failing to pay the City landfill fees or spillage cleanup fees when due.
(4) Misusing a license in violation of §17-25.
(5) Violating one or more provisions of this chapter relating to the collection and transportation of garbage,
and/or trash; or failing to fulfill one or more of the terms of a contract with any customer, on five or more
occasions in any twelve-month period.
(B) If the city council determines that, based upon the evidence presented, a suspension is warranted, it shall order
the hauler's license be suspended for a period of not less than thirty (30) nor more than one hundred eighty (180)
days. Said suspension shall begin on the first day of the month following the date the order of suspension is entered.
The licensee shall, before his, her, or its license may be renewed, refund to all customers all fees collected in
advance for service to be rendered during the period of suspension; provided, that said licensee may, at his, her, or
ORDINANCE NO. 9045 (Cont.)
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its option, pay a fine in lieu of suspension in the amount of ten (10) dollars for each day of suspension. Said option
must be made and the fines therefor must be paid prior to the first day of suspension under the council's order.
(C) If the city council determines that, based upon the evidence presented, revocation is warranted, it shall order
the hauler's license to be revoked immediately. The order of revocation shall require the licensee to refund to his,
her, or its customers, all fees collected in advance for services that were to be rendered after the date of revocation;
and require the payment of all fees due the City.
(D) Any licensee whose license has been revoked may not reapply for a license for a period of five years.
(1) This prohibition shall apply to individuals, partners, corporate officers and agents, and all
managerial personnel involved in the violations for which revocation was ordered.
(2) Nothing herein shall prohibit a licensee from employing a person who is subject to the order of
revocation.
§17-32. Use of Licensee Name by Another
No licensee shall permit another by lease, rental, or other agreement to engage in such business under the
name of the licensee or to use the licensee's equipment in such business; provided, that this shall not prohibit a
licensee from lending equipment to another licensee on a temporary basis, so long as such equipment has been
approved for use by the City.
§17-33. Collection Time
It shall be unlawful for any licensee or employee thereof to begin collecting garbage or trash from any
property within the city limits before 5:00 a.m.
§17-34. Levels of Service Offered
Every licensed garbage hauler shall offer regular collection service to all customers.
Upon customer request, every licensed garbage hauler shall provide minimum service collection.
The rate for minimum service collection shall be the minimum rate necessary to offset the cost of the
minimal service and will not be used to offset the cost of services provided to other customers.
Haulers will provide a way for customers to occasionally dispose of additional refuse at additional cost.
The hauler will charge an additional amount for this service, based on his additional cost to pick up, transport,
process, and dispose of the additional refuse. Units of additional refuse shall be in volumes of 32 gallons, not to
exceed 50 pounds each.
Nothing in this ordinance shall prohibit haulers from offering additional levels of service.
§17-35. Disposal by Unlicensed Persons
(A) The provisions of §17-23 §17-15 through §17-34 §17-25 shall not be interpreted as preventing persons
from collecting and transporting their own garbage, refuse, construction and demolition waste, and waste materials
approved for disposal from their own property to the City disposal facilities, so long as such garbage, refuse,
construction and demolition waste, and trash is secured as set forth in subsection (B) below.
(B) The garbage, trash, refuse, construction and demolition waste, and waste materials collected and hauled
pursuant to this section must be completely covered or otherwise contained or securely fastened so as to prevent any
such materials which are liquid in nature from seeping or leaking from the vehicle, and any solid waste materials
from being blown or jarred from the vehicle onto the streets or adjoining property.
§17-36. Reserved
§17-37. Reserved
§17-38. Reserved
Division 2. City Landfill
§17-39. Landfill Site
The City of Grand Island shall provide suitable landfill or transfer station areas for the disposal of garbage,
refuse, and construction and demolition waste. All garbage and refuse collectors licensed by the City of Grand
Island shall deposit all garbage, refuse, and construction and demolition waste collected in such areas. It shall be
ORDINANCE NO. 9045 (Cont.)
- 9 -
unlawful, except as set forth herein, to unload or deposit any garbage, refuse, construction and demolition waste and
the contents of privy vaults and cesspools hauled from any premises within the corporate limits of the City of Grand
Island, and destined for disposal within the State of Nebraska, at any place other than the approved disposal site
designated as the landfill or transfer station areas provided by the City of Grand Island. The prohibition herein shall
not apply to garbage or refuse processed at a Materials Recovery Facility operated pursuant to a permit issued by the
Nebraska Department of Environmental Quality. All garbage, refuse, and construction and demolition waste
lawfully deposited in City landfill areas shall become the property of the City of Grand Island.
§17-40. Hours of Operation
The Public Works Director mayor shall have the authority to designate the days and hours that the City
landfill or transfer station areas will be open to the public. Notice thereof shall be posted at the entrance to the area.
§17-41. Fees
All persons who dispose of Municipal Solid Waste at the City transfer station, or the Grand Island Regional
landfill when permitted, shall pay to the City for such dumping privileges, for each load, an amount in accordance
with the City of Grand Island Fee Schedule.
An additional charge shall apply when the delivering vehicle is not properly equipped or the load is not
completely covered, or otherwise contained or securely fastened as required by this chapter or other applicable laws.
Penalty provision applies to all loads.
All yard waste, clean trees and branches shall be free of trash and debris. All plastic bags must be removed
by the hauler.
Special wastes as defined in §17-1 and so designated by the Solid Waste Superintendent or his/her designee
as requiring additional handling due to disposal method and/or operational considerations shall be charged at two (2)
times the applicable a disposal rate in accordance with the City of Grand Island Fee Schedule. Due to the additional
handling necessary to process the disposal of special waste, no special waste will be accepted within one hour of the
end of the working day.
Fuel contaminated soils require Nebraska Department of Environmental Quality and landfill pre-approval.
Asbestos (ACM) will requires Nebraska Department of Environmental Quality and landfill pre-approval.
Disposal only during scheduled hours. Haulers shall use same equipment and procedures at disposal area as required
for removal procedures. ACM shall be in approved condition and/or containers. (Conditions subject to change as
required by federal, state, or local rules and regulations.)
If full payment is not received by the 20th of each month in the month it is due, a late payment charge shall
be assessed. This charge shall be one percent (1%) per month of the unpaid balance.
The fees required by this chapter may be waived by order of the mayor when, in the discretion of the
mayor, the public health, safety, and welfare of the community would be enhanced by the waiving of such fees
because of city-wide or district cleanup or improvement campaigns, or because of fire, flood, tornado, or other
event, or series of events, causing extensive damage to the homes and property of the residents of the City of Grand
Island.
This section shall not be construed to permit the mayor to waive fees for garbage and refuse licensees under
this chapter, disposing of garbage, refuse and waste materials for hire at the City transfer station or sanitary landfill
in the normal course of their business.
§17-42. Fees; Monthly Statement
All charges or approved licensee accounts made for such use of the City landfill shall be billed on the first
day of the month and payable by the 20th day of such month; provided, the Department of Public Works shall
accumulate all information necessary for such billings by the city treasurer, and all such billings shall be payable at
the office of the city treasurer.
§17-43. Fees; Failure to Pay
The city council may in its discretion revoke the license of any person licensed under the provisions of this
article who shall for fifteen days fail to pay any amount due the City for the use of the City landfill as provided by
this article.
ORDINANCE NO. 9045 (Cont.)
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§17-44. Lead-acid Batteries; Waste Oil; Hazardous Waste; Prohibited
It shall be unlawful to deposit for disposal, attempt to deposit for disposal, or leave for collection by a
licensed garbage or refuse collector, any lead-acid batteries, or waste oil, or other hazardous waste materials in the
City solid waste disposal system.
§17-45. Automobile Parts; Bulky Refuse
It shall be unlawful for any person to haul to and deposit in the City landfill any automobile chassis,
automobile tops, automobile frames, automobile fenders, any farm implements, or any bulky refuse made of iron,
steel, tin, or metal of any kind without first having such automobile chassis, automobile tops, automobile frames,
automobile fenders, any farm implements, or any bulky refuse made of iron, steel, tin, or metal of any kind cut or
broken into pieces not over two feet in height.
§17-46. Burn Barrels; Fireplace Ashes; Acceptance of
The senior operator on duty at the Grand Island Solid Waste facilities (landfill and transfer station) shall, at
his/her sole and absolute discretion, have the right to refuse burn barrels or fireplace ashes if in his/her judgment,
based upon the time of day as relating to the time of closing of said facilities, such disposal will create the potential
of fires.
§17-47. Reserved
§17-48. Reserved
§17-49. Reserved
Article III. Weeds
§17-50. Weeds; Prohibited
It shall be unlawful and hereby declared a public nuisance for any owner, agent, occupant, or person in
possession, charge or control of any lot or piece of ground in the City of Grand Island, Nebraska, to allow or
maintain any growth of twelve inches or more in height of weeds, grasses, or worthless vegetation and upon
conviction such owner, agent, occupant, or person shall be penalized in accordance with the provisions of the Grand
Island City Code. A separate and distinct offense shall be regarded as having been committed on each calendar day
that such weeds, grasses, or worthless vegetation is permitted to remain on said premises.
As used and applied in this section, weeds shall include, but not be limited to, bindweed (convolvulus
arvensis), puncture vince (tribulus terrestris), leafy spurge (euphorbia esula), Canada thistle (cirsium arvense),
perennial peppergrass (lepidium draba), Russian knapweed (cenaurea picris), Johnson grass (sorghum halepense),
nodding or musk thistle (Carduus nutans), Scotch thistle (onopordum acanthium), morning glory (Impmoea spp.),
bur ragwood (Franseria discolor/Franseria tomentosa), glodepodded hoary cress (Hymenophysa pubescens), quack
grass (agropyron repens), perennial sow thistle (sonchus arvensis), horse nettle (solanum carolinense), bull thistle
(cirsium lanceolatum), buckthorn (rahmnus sp.) (tourn), hemp plant (cannabis sativa), ragweed (ambrosiaceae), or
any other economically useless plant or plant of unsightly appearance.
§17-51. Duty to Cut
It shall be the duty of each owner, agent, occupant, or person in possession, charge or control of any lot or
piece of ground in the City of Grand Island, Nebraska, to cut and remove from such lot or piece of ground together
with the adjoining streets or alleys, all weeds, grasses, or worthless vegetation twelve inches or more in height, and
the cuttings shall be removed from such real estate.
§17-52. Notice to Abate; Remove Nuisance
Notice to abate and remove such nuisance shall be given to each owner or owner's duly authorized agent
and to the occupant, if any, by personal service or certified mail. If notice by personal service or certified mail is
unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by
conspicuously posting the notice on the lot or ground upon which the nuisance is to be abated and removed. Within
five days after receipt of such notice or publication or posting, whichever is applicable, if the owner or occupant of
ORDINANCE NO. 9045 (Cont.)
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the lot or piece of ground does not request a hearing with the city or fails to comply with the order to abate and
remove the nuisance, the city may have such work done. If unpaid for two months after such work is done, the city
may either (a) levy and assess the costs and expenses of the work upon the lot or piece of ground so benefited in the
same manner as other special taxes for improvements are levied and assessed or (b) recover in a civil action the
costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys.
§17-52. Notice to Cut
All weeds, grasses, or worthless vegetation twelve inches or more in height shall be cut and removed from
all lots and pieces of land in the City of Grand Island, Nebraska.
Notice to abate and remove such nuisance shall be sent to each owner or owner's duly authorized agent and
to the occupant, if any, by personal service or certified mail. Within five days after receipt of such notice, if the
owner or occupant of the lot or piece of ground does not request a hearing with the City or fails to comply with the
order to abate and remove the nuisance, or if such owner, agent or occupant cannot be served, the City may have
such work done and may levy and assess the costs and expenses of the work upon the lot or piece of ground so
benefitted in the same manner as other special taxes for improvements are levied and assessed.
§17-53. Noncompliance with Notice; Procedure
Upon the failure of the owner, agent, occupant, or person in possession, charge or control of any lot or
piece of land in the City of Grand Island to comply with the notice in regard to the cutting and removing of weeds,
grasses, or worthless vegetation, the city council may have such work done and the real estate cleaned of refuse,
debris or other obstructions to permit such work, if necessary. Upon such action by the city council a bill for the
expenses and costs as hereinbefore provided shall be presented to the owner, agent, occupant, or person in
possession, charge or control of such real estate for payment within ten days from the date of such bill.
§17-54. Assessment; Levy; Collection
If the costs and expenses of cutting and removing weeds, grasses, or worthless vegetation and costs of
removing any refuse, debris or other obstructions to permit such cutting is not paid within the time provided, the city
council shall, and it is hereby empowered to, levy and assess the costs and expenses of such work upon the property
so benefitted. The same shall be levied on all lots, tracts or parcels of land to the extent of the special benefits to
such real estate, by reason of such improvement, such benefits to be determined by the city council sitting as a board
of equalization after publication in a newspaper having general circulation in the City and personal notice at least ten
days prior thereto. The assessments so levied shall be a lien on the property on which levied from the date of levy
and shall be due and payable to the city treasurer thirty days after such levy and shall become delinquent fifty days
after such levy and shall bear interest at the rate of fourteen percent (14%) per annum from the date they become
delinquent; and, at the time of the next certification for general revenue purposes to the county clerk, if not
previously paid, the special taxes shall be certified to the county clerk and by him be placed upon the tax list and be
collected as other real estate taxes are collected, and be paid over to the city treasurer.
§17-53. Reserved
§17-54. Reserved
§17-55. Reserved
Article IV. Unlicensed or Inoperable Vehicles
§17-56. Definitions
The following definitions are applicable to all Code sections pertaining to unlicensed or inoperable vehicles:
(1) Unlicensed Vehicle means any vehicle as defined in Chapter 22 of the City Code which does not display
valid license plates or valid in transit stickers.
(2) Building means a structure with four walls and a roof erected in compliance with the city building codes.
(3) Wrecked means a vehicle that has been damaged to such an extent that such vehicle, if operated on the
streets or highways, would be in violation of one or more state statutes or city code sections pertaining to the
condition of vehicles being operated on the alleys, streets or highways.
ORDINANCE NO. 9045 (Cont.)
- 12 -
(4) Dismantled means lacking any vehicle part, the absence of which, if such a vehicle were operated on the
streets or highways, would cause such vehicle to be in violation of one or more state statutes or city code
sections pertaining to the condition of vehicles being operated on the alleys, streets or highways.
(5) Inoperable means having one or more parts necessary for the operation of a vehicle either not attached to
such vehicle or in non-working condition, including but not limited to a fully charged battery and all tires fully
inflated. Inoperable shall include totally or partially wrecked or dismantled vehicles.
§17-57. Unlicensed or Inoperable Vehicles; Public Nuisances
The placement of any unlicensed or inoperable vehicle or any vehicle parts on any tract of land within the
City of Grand Island shall be deemed a public nuisance and may be abated pursuant to §20-15 of the Grand Island
City Code upon written request by the Grand Island Police Department pursuant to §20-15 of the Grand Island City
Code. It shall be unlawful for any owner, owner's duly authorized agent or person in possession, charge or control,
or the occupant of such a tract to cause, maintain, or permit such public nuisance to exist on said property, except in
a manner as set forth below.
§17-58. Placement of Unlicensed or Inoperable Vehicles
Unlicensed or inoperable vehicles and vehicle parts, whether junked, salvaged, or new, may be placed:
(1) On any tract being used as a salvage yard, which is in full compliance with all city code sections
pertaining to such businesses, including zoning.
(2) On any tract being lawfully used for a business activity related to unlicensed or inoperable vehicles,
such as an automotive body shop, so long as the unlicensed or inoperable vehicles and parts are stored in an area that
is screened from adjoining property and the public right-of-way by a sight-obscuring fence at least six feet in height,
or such unlicensed or inoperable vehicles and vehicle parts are removed from the premises; provided, that
unlicensed or inoperable vehicles being displayed for sale as whole units by a licensed automobile dealer are not
subject to this screening requirement.
(3) On any other tract, so long as such unlicensed or inoperable vehicles and such vehicle parts are placed
within a building.
§17-59. Removal of Unlicensed or Inoperable Vehicles
(A) The chief of police or any police supervisor may cause the removal of any unlicensed or inoperable vehicle or
vehicle parts:
(1) from any public property; or
(2) from any private property with the permission of the owner or occupant thereof or by authority of a Court
order.
(B) The towing, impoundment, and disposal provisions set forth in Chapter 22 shall be applied to all unlicensed or
inoperable vehicles and vehicle parts removed under authority of this section.
§17-60. Storage of Damaged Vehicles
No automobile repair shop, body shop, or dealer may store any customer, inventory, or owned vehicles on
the public right-of-way or streets, but shall be required to store such vehicles on the business premises.
§17-61. Reserved
§17-62. Reserved
§17-63. Reserved
Article V. Graffiti
§17-64. Intent
Graffiti on public and private property is a blighting factor which not only depreciates the value of the
property which has been the target of such malicious vandalism, but also depreciates the value of the adjacent and
surrounding properties, and in so doing, negatively impacts upon the entire community. The City Council finds and
ORDINANCE NO. 9045 (Cont.)
- 13 -
determines that graffiti is a nuisance and unless it and other inscribed material is removed from public and private
properties, it tends to remain.
§17-65. Definitions
Whenever the following terms are used in this division, they shall have the meanings established by this section:
Graffiti means the defacing, damaging or destroying by the spraying of paint or marking of ink, chalk, dye or other
similar substances on public and private buildings, structures and places.
Graffiti abatement procedure means an abatement procedure which identifies graffiti, issues notice to the
landowner to abate the graffiti, and cures in absence of response.
Private contractor means any person with whom the city shall have duly contracted to remove graffiti.
§17-66. Graffiti - Prohibited
It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate,
other structure, tree, or other real or personal property, either publicly or privately owned, any drawing, inscription,
figure or mark of the type which is commonly known and referred to as "graffiti" within the city.
§17-67. Same - Violation; penalty
Any person who is convicted of violating §17-68 §8-188 shall be punished by a fine pursuant to §1-7 of the
Grand Island City Code. In addition to such punishment, the court may, in imposing sentence, order the defendant to
restore the property so defaced, damaged or destroyed.
§17-68. Same - Notice of removal
Whenever the City Administrator, or his/her designee determines that graffiti exists on any public and
private buildings, structures and places which are visible to any person utilizing any public right-of-way in this city,
be this road, parkway, alley, or otherwise, and that seasonal temperatures permit the painting of exterior surfaces,
the City Administrator, or his/her designee shall cause a notice to be issued to abate such nuisance. The property
owner shall have ten (10) days after the date of the notice to remove or paint over the graffiti, or the conditions will
be subject to abatement by the city. If the property owner elects to paint over the graffiti, the paint used to obliterate
the graffiti shall be as close as practicable to background color(s).
The notice to abate graffiti pursuant to this section shall consist of a written notice to be served upon the
owner(s) of the affected premises, as such owner's name and address appears on the last property tax assessment
rolls of the county. If there is no known address for the owner, the notice shall be sent in care of the property
address. The notice required by this section may be served in any one of the following manners:
(1) By personal service on the owner, occupant or person in charge or control of the property.
(2) By registered or certified mail addressed to the owner at the owner's last known address. If this address
is unknown, the notice will be sent to the property address.
The notice shall be substantially in the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
Date:
NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove
or paint over the graffiti located on the property commonly known as:
____________________________, Grand Island, Nebraska, which is visible to public
view, within ten (10) days after the date of this notice; or, if you fail to do so, City
employees or private contractors employed by the City will enter upon your property and
abate the public nuisance by removal or painting over the graffiti. The cost of the
abatement by the City employees or its private contractors will be assessed upon your
property and such costs will constitute a lien upon the land until paid.
All persons having any objection to, or interest in said matters are hereby notified to
submit any objections or comments to the City Administrator of the City of Grand Island,
Nebraska, or his/her designee within forty-eight (48) hours from the date of this notice.
At the conclusion of this ten (10) day period, the City may proceed with the abatement of
the graffiti inscribed on your property at your expense without further notice.
City of Grand Island, Nebraska, Municipal Corporation,
ORDINANCE NO. 9045 (Cont.)
- 14 -
By:________________________________________
Title:_______________________________________
§17-69. City's Costs Declared Lien
Any and all costs incurred by the city in the abatement of the graffiti nuisance under the provisions of this
division may constitute a lien against the property upon which such nuisance existed.
§17-70. Removal by City
Upon failure of persons to comply with the notice by the designated date, or such continued date thereafter
as the City Administrator, or his/her designee approves, then the City Administrator, or his/her designee, with the
consent of the Mayor, is authorized and directed to cause the graffiti to be abated by city forces or private contract,
and the city or its private contractor is expressly authorized to enter upon the premises for such purposes . All
reasonable efforts to minimize damage from such entry shall be taken by the city, and any paint used to obliterate
graffiti shall be as close as practicable to background color(s). If the City Administrator provides for the removal of
the graffiti or other inscribed material, he shall not authorize nor undertake to provide for the painting or repair of
any more extensive area than that where the graffiti or other inscribed material is located.
§17-71. Private Property Consent Forms
Property owners in the city may consent in advance to city entry onto private property for graffiti removal
purposes. The city will make forms for such consent available.
SECTION 2. Chapter 17 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
SECTION 4. 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 23, 2006.
____________________________________
Jay Vavricek, Mayor
ORDINANCE NO. 9045 (Cont.)
- 15 -
Attest:
________________________________
RaNae Edwards, City Clerk
Item F3
#9046 - Consideration of Amending Chapter 29 of the Grand
Island City Code Relative to Restaurants and Food Services
See memo under Ordinance Item F-1.
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Approved as to Form ¤ ___________
May 16, 2006 ¤ City Attorney
ORDINANCE NO. 9046
An ordinance to amend Chapter 29 of the Grand Island City Code; to amend
Section 29-2 pertaining to definitions; to amend Section 29-4 pertaining to food establishment
permits; to amend Section 29-5 pertaining to annual permits; to amend Section 29-6 pertaining to
temporary permits; to repeal Sections 29-2, 29-4, 29-5, and 29-6 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 29-2 of the Grand Island City Code is hereby amended to
read as follows:
§29-2. Definitions
As used in this chapter, the following terms shall have the following meanings:
Bake Sale. The act of selling or offering for sale food items which are prepackaged, pre-wrapped, non-
potentially hazardous foods.
Bakery. An establishment whose primary operation is the manufacture and sale of baked goods, i.e. donuts,
cakes, and breads.
Caterer. A person who transports ready to eat food from a permitted food service establishment to another
location or building for service on a per event basis for hire, and does not include a temporary food service event.
Commissary. A food establishment where food, food containers, or food supplies are kept, handled,
prepared, packaged, or stored for use in mobile food units, pushcarts, or vending machines.
Convenience Store. A food establishment or section of an establishment where the food offered to the
consumer is intended for off-premise consumption and there are no meat processing or produce processing areas.
Food Establishment. An operation that stores, prepares, packages, serves, vends, or otherwise provides
food for human consumption. The term does not include:
(1) An establishment or vending machine operation that offers only prepackaged soft drinks, carbonated or
noncarbonated, that do not contain a primary dairy product or dairy ingredient base or that contain less than fifteen
percent natural fruit or vegetable juice; candy; chewing gum; potato or corn chips; pretzels; cheese puffs and curls;
crackers; popped popcorn; nuts and edible seeds; and cookies, cake, pies, and other pastries, that are not potentially
hazardous.
(2) A produce stand that only offers whole, uncut fruits and vegetables.
(3) A food processing plant.
(4) A salvage operation.
(5) A private home where food is prepared or served for personal use, a small day care in the home, or a
hunting lodge, guest ranch, or other operation where no more than ten paying guests eat meals in the home.
(6) A private home or other area where food that is not potentially hazardous is prepared: (a) for sale or
service at a function as a religious, charitable, or fraternal organization's bake sale or similar function; or (b) for sale
directly to the consumer at a farmers market if the consumer is informed by a clearly visible placard at the sale
location that the food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory
authority.
ORDINANCE NO. 9046 (Cont.)
- 2 -
(7) The location where food prepared by a caterer is served so long as the caterer only minimally handles
the food at the serving location.
(8) A pharmacy as defined in Neb. Rev. Stat. §71-425 if the pharmacy only sells prepackaged
pharmaceutical, medicinal, or health supplement foods that are not potentially hazardous or foods described in
subsection (1) of this section.
Shall mean an operation that stores, prepares, packages, serves, sells, vends, or otherwise provides food for
human consumption. The term does not include:
(1) An establishment that offers only prepackaged foods that are not potentially hazardous;
(2) A produce stand that only offers whole, uncut fresh fruits and vegetables;
(3) A food processing plant;
(4) A salvage establishment;
(5) A private home where food is prepared or served for personal use, a small day care in the home, or a
hunting lodge, guest ranch or other operation where no more than ten paying guests eat meals in the home;
(6) A private home or other area where food that is not potentially hazardous is prepared for sale or service
at a religious, charitable, or fraternal organization’s bake sale or similar function;
(7) The location where food prepared by a caterer is served so long as the caterer only minimally handles
the food at the serving location; and
(8) Educational institutions, health care facilities, nursing homes, and governmental organizations which
are inspected by a state agency or a political subdivision other than the regulatory authority for sanitation in the
food preparation areas.
Food Processing Plant. A commercial operation that manufactures, packages, labels, or stores food for
human consumption and does not provide food directly to the consumer.
Licensed Beverage Establishment. An establishment that serves alcoholic beverages and may or may not
provide limited food service, e.g. frozen prepackaged sandwiches, frozen pizza, hot dogs, popcorn. Any item not
requiring preparation on site.
Limited Food Service Establishment. An establishment that serves or otherwise provides only snack items
or commercially prepared and wrapped foods that require little or no preparation.
Mobile Food Unit or Pushcart. A vehicle mounted food establishment designed to be readily movable that
returns to a commissary daily for clean up and service, unless self-contained.
Retail Food Store. Any store, location or place of business occupied or used for the sale at retail to the
public of groceries, fruits, vegetables, materials for human consumption or articles ordinarily and commonly sold
from a grocery, fruit or vegetable store or stand not coming within the definition of the term “restaurant,” the term
“milk,” the term “frozen dessert,” or the term “meat.”
Seasonal Food Service. The act of selling or offering for sale food items on a seasonal basis, for a period
of six months or lessgenerally from May 1 through October 31, at a concession stand, hot dog stand, ice cream
truck, etc.
Separate Facility: Additional facility types operating within the scope of a permitted establishment.
Temporary Food Establishment. A food establishment that operates for a period of no more than three (3)
fourteen (14) consecutive days in conjunction with a single event or celebration.
SECTION 2. Section 29-4 of the Grand Island City Code is hereby amended to
read as follows:
§29-4. Permit; Required
It shall be unlawful for any person to operate a food establishment without first having obtained a permit
from the Central District Health Department. More than one type of permit may be required in one establishment.
Permits are issued based on the type of operations conducted within an establishment. The permit shall be displayed
at the place of business at all times.
ORDINANCE NO. 9046 (Cont.)
- 3 -
SECTION 3. Section 29-5 of the Grand Island City Code is hereby amended to
read as follows:
§29-5. Annual Permits; Types; When Issued; Term
(A) The following permits shall be issued on an annual basis on May 1 of each year and shall be valid until
April 30, regardless of when issued:
Food and Drink Service Permit
Separate Facility Permit
Licensed Beverage Establishment (Drink Only) Permit
Limited Food Permit
Bakery Permit
Mobile Food Unit/Pushcart Permit
Catering Permit
(B) The following permits shall be issued on an annual basis on October 1 of each year and shall expire on
the following September 30, regardless of when issued:
Food Manufacturing/Warehouse/Storage Permit
Retail Food Permit
Application for all permits shall be made prior to the operation of any food establishment. Permits shall be non-
transferable.
SECTION 4. Section 29-6 of the Grand Island City Code is hereby amended to
read as follows:
§29-6. Temporary Permit; Types; When Issued; Term
The following permits shall be issued on a temporary basis pursuant to this chapter and shall be issued for
the day or days specified in the application upon payment of the applicable permit fee.
Temporary Food Service Permit
Bake Sale Permit
Seasonal Food Permit
Applications involving three or fewer vendors require a one (1) week application processing time.
Renewals of a temporary permit shall be permitted, however no more than three (3) renewals will be
allowed within a calendar year.
SECTION 5. Sections 29-2, 29-4, 29-5, and 29-6 as now existing, and any
ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 6. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
ORDINANCE NO. 9046 (Cont.)
- 4 -
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 23, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item F4
#9047 - Consideration of Amending Chapter 36 of the Grand
Island City Code Relative to Zoning
This item relates to the aforementioned Public Hearing Item's E-2 and E-3.
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
ORDINANCE NO. 9047
An ordinance to amend Chapter 36 of the Grand Island City Code; to amend
Section 36-60 pertaining to permitted accessory uses in a Transitional Agriculture Zone; to
amend Section 36-71 to allow the storage of fuel tanks in a ME-Manufacturing Estates Zone for
the purpose of heating a building; to repeal Sections 36-60 and 36-71 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 36-60 of the Grand Island City Code is hereby amended to
read as follows:
§36-60. (TA) Transitional Agriculture Zone
Intent: To provide for a transition from rural to urban uses, and is generally located on the fringe of the
urban area. This zoning district permits both farm and non-farm dwellings at a maximum density of two dwelling
units per acre, as well as other open space and recreational activities. The intent of the zoning district also would
allow the raising of livestock to a limit and within certain density requirements.
(A) Permitted Principal Uses. The following principal uses are permitted in the (TA) Transitional Agriculture
Zoning District.
(1) Dwelling units
(2) Raising of field crops, and horticulture
(3) Country clubs as defined in §36-8 of this chapter
(4) Recreational camps, public parks, and recreational areas
(5) Greenhouses and the raising of trees and nursery stock
(6) Utility substations necessary to the functioning of the utility (but not including general business offices,
maintenance facilities) when located according to the yard space rules set forth in this section for dwellings and
having a ten foot landscaped or masonry barrier on all sides. Buildings shall be of such exterior design as to
harmonize with nearby properties. Installation shall not be subject to minimum area or width regulations.
(7) Railway right-of-way, but not including railway yards or facilities
(8) The raising of livestock up to 300 animals as defined in Section 5-18 of this code provided that the owner
has one-half (1/2) acre for each animal, and provided that the shelters, pens, enclosures for such animals are
located no closer than 300 feet to a neighboring residential structure. The acres used for calculating the
maximum number of animals must be capable of supporting pasture for grazing said animal.
(9) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to
conditions relating to the placement of said use on a specific tract of ground in the (TA) Transitional Agriculture
Zoning District.
(1) Cemeteries, memorial parks, crematories, mausoleums, and columbariums
(2) Commercial mines, quarries, sand and gravel pits and accessory uses
(3) Public and quasi-public buildings and uses of an administrative, educational, religious, cultural, or public
service facility, but not including hospitals, sanitoriums or corrective institutions
ORDINANCE NO. 9047 (Cont.)
- 2 -
(4) Riding academies
(5) Recreational Vehicle Parks
(6) Preschools, nursery schools, day care centers, children's homes, and similar facilities
(7) Towers
(8) Veterinary clinics and animal hospitals
(9) All other Conditional Uses indicated as conditional within the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessory Uses:
(1) Guest building
(2) Customary home occupations
(3) Buildings, corrals, stables or pens in conjunction with the permitted uses
(4) Buildings for the display and sale of products grown or raised on the premises, provided, the floor area does
not exceed 500 square feet
(5) Offices incidental to and necessary for a permitted use
(6) Other buildings and uses accessory to the permitted principal uses
(7) Landscape contractor business with limited retail sales when the following conditions are met:
(a) The business accessory to a farm, and located on a farm size parcel (20 acres or more), and
(b) A sod farm, greenhouse and/or tree farm operation is located on the site, and
(c) Total retail floor area within a building on the site does not exceed 1,000 square feet, and
(d) Total outdoor retail storage area for items not grown on site does not exceed 20,000 square feet, and
(e) Signage for the business shall be regulated by the Grand Island sign code for signs in a residential
district, and
(f) Offstreet parking spaces shall be provided on site in a manner and number consistent with the
requirements of the parking and loading standards included in this chapter for retail establishments.
(D) Space Limitations:
Uses Minimum Setbacks
A B C D E
Minimum
Parcel Area (acres)
Minimum
Lot Width (feet)
Front
Yard (feet)
Rear
Yard (feet)
Side
Yard (feet)
Street
Side Yard (feet)
Maximum
Ground Coverage
Maximum
Building Height (feet)
Permitted Uses 20 100 30 25 15 20 20% 351
Conditional
Uses
20 100 30 25 15 20 20% 351
1 for structures intended for human occupancy, all others no restrictions.
(E) Miscellaneous Provisions:
(1) Supplementary regulations shall be complied with as defined herein
(2) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein
(3) The following requirements are allowed in specific situations within the jurisdiction of Grand Island:
(i) Any person or persons who:
(1) owns a tract of 80 acres or more may sell one tract per 80 acres for a single family dwelling, providing
such sale has not been previously exercised on the large tract; and/or
(2) owns an existing ranch or farm dwelling that is ten years old or more may sell a tract containing such
dwelling;
(3) providing the following space limitations are complied with:
Setbacks
Min Lot
Area
(sq. ft.)
Min. Lot
Width (feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Max. Lot
Coverage
Max.
Building
Height
(feet)
20,000 100 30 25 15 25% 351 1 for structures intended for human occupancy, all others no restrictions.
ORDINANCE NO. 9047 (Cont.)
- 3 -
SECTION 2. Section 36-71 of the Grand Island City Code is hereby amended to
read as follows:
§36-71. (ME) Industrial Estates Zone
Intent: The intent of this zoning district is to provide for a variety of manufacturing, truck, trailer, and
truck/trailer parts retailing, truck, trailer, and truck/trailer parts wholesaling, warehousing, administrative and
research uses within an area of comparatively high visibility and having quality standards to promote an industrial
park atmosphere.
(A) Permitted Principal Uses: The following principal uses are permitted in the (ME) Industrial Estates Zoning
District.
(1) Any industrial/manufacturing use found in the Zoning Matrix [Attachment A hereto] shall be permitted
within this zoning district, provided, such use is in compliance with miscellaneous provisions and performance
standards listed in this section, or unless specifically excluded, or a conditional use as listed below.
(2) Administrative offices for the wholesale distribution of propane when bottles are filled from a bulk propane
tank not to exceed 40,000 gallons and when such tank is installed primarily to provide a source of heat for a
building on the lot.
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other
conditions relating to the placement of said use on a specific tract of ground in the (ME) Industrial Estates Zoning
District as approved by the City Council.
(1) Explosives manufacturing
(2) Towers (radio, television, satellite, etc.)
(3) Gravel, sand or dirt removal, stockpiling, processing or distribution and batching plant
(4) Trade and vocational schools
(5) Other uses found in the Zoning Matrix [Attachment A hereto]
(C) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal uses or approved permitted conditional uses.
(D) Specifically Excluded Uses:
(1) Automotive wrecking or salvage yards
(2) Billboards
(3) Churches, schools, institutions and other similar public and semi-public uses except for trade and vocational
schools
(4) Concrete or cement products manufacturing and batching plants
(5) Contractor's storage yard or plant
(6) Milling or smelting of ores
(7) Petroleum refining
(8) Residential uses, any
(9) Stock or feed yards and auction houses for livestock
(10) Storage, dump, or yard for the collection, salvage or bailing of scrap paper, bottles, iron, rags, junk, or any
other materials
(11) Storage of explosives
(12) Storage tanks or facilities for fuel oils, petroleum, acids, flammable liquids and chemicals
(13) Tanning, curing, or storage of hides or skins
(14) Other uses found in the Zoning Matrix [Attachment A hereto]
(E) Space Limitations:
Uses Minimum Setbacks A B C D E
Minimum
Parcel
Area
(acres)
Minimum
Lot Width
(feet)
Front
Yard
(feet)
Rear
Yard
(feet)
Side
Yard
(feet)
Street
Side
Yard
(feet)
Maximum
Ground
Coverage
Maximum
Building
Height (feet)
Permitted Uses 2.5 250 50 20 20 50 50% 50
Conditional
Uses
2.5 250 50 20 20 50 50% 50
Through Lots shall require that the Front Yard Setback be met on both sides adjacent to streets.
ORDINANCE NO. 9047 (Cont.)
- 4 -
(F) Miscellaneous Provisions:
(1) Landscaping shall be provided in the entire area of all required front yards except for necessary paving of
walkways and of driveways to reach parking and loading areas in the side or rear yards, provided, that any
driveways in the front yard shall not be wider than thirty (30) feet. Landscaping shall include, but is not limited
to, screen plantings, lawn area, pools, trees, shrubs, fences, and walls. Crushed rock, gravel, bark chips, etc.,
shall not substitute for lawn area. Landscaping shall be provided within two years of issuance of the occupancy
permit for the principal structure and thereafter be properly maintained.
(2) Any outside storage of inoperable or unas sembled parts or equipment shall be visually screened from the
surrounding area by fences, walls, plantings, earth berm or other barrier and such screening shall be opaque.
(3) No loading facilities shall be located within a required front yard. Loading facilities located between a
building and an adjacent street or residential district shall be visually screened to the same standards as any
outside storage.
(4) No galvanized or other raw metal sheeting shall be used for the exterior construction of any principal or
accessory building.
(5) Supplementary regulations shall be complied with as defined herein.
(6) Only one principal building shall be permitted on one zoning lot except as otherwise provided herein.
SECTION 3. Sections 36-60 and 36-71 as now existing, and any ordinances or
parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 4. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof.
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 23, 2006.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
RaNae Edwards, City Clerk
Item G1
Approving Minutes of May 9, 2006 City Council Regular Meeting
Tuesday, May 23, 2006
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 9, 2006
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 Cha mbers of City Hall, 100 East First Street, on May
9, 2006. Notice of the meeting was given in The Grand Island Independent on May 3, 2006.
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 Attorney Dale Shotkoski.
INVOCATION was given by Pastor Vern Rice, Independent Bethel Baptist Church, 1223 East 6th
Street followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek commented on the following:
· Death of retired Police Captain Larry Trosper
· Groundbreaking for Fire Station #1 on Thursday, May 11, 2006 at 1:30
· Groundbreaking for Law Enforcement Center on Monday, May 15, 2006 at 1:00
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “Salvation Army Week” May 15-21, 2006. Mayor Vavricek proclaimed the week of
May 15-21, 2006 as “Salvation Army Week”. Roger Nygaard and Captain Jeff Richardson from the
Salvation Army were present to receive the proclamation.
PUBLIC HEARINGS:
Public Hearing on Acquisition of Utility Easement Located at 3720 Arch Avenue. (South Central
Industrial Properties X,L.P.) Gary Mader, Utilities Director reported that acquisition of a utility
easement located at 3720 Arch Avenue was needed in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers. The purpose of the
easement would be to primary underground electric cable and a pad-mounted transformer to provide
electricity to a new building and to relocate the overhead power line along Claude Road. No public
testimony was heard.
Public Hearing on Acquisition of Lot One (1) and Lot Two (2), Block Thirteen (13) in Fairview Park
Addition. (Steven D. and Bonnie R. Lockwood and John Burke and Karen Williams-Burke) Steve
Riehle, Public Works Director reported that acquisition of Lot 1 and Lot 2, Block 13 in Fairview
Park Addition was needed in order to construct a cul-de-sac. No public testimony was heard.
CONSENT AGENDA: Motion by Hornady, second by Gilbert to approve the Consent Agenda.
Upon roll call vote, all voted aye. Motion adopted.
Page 2, City Council Regular Meeting, May 9, 2006
Approving Minutes of May 2, 2006 City Council Regular Meeting. Councilmember Whitesides
abstained.
#2006-152 – Approving Acquisition of Utility Easement Located at 3720 Arch Avenue. (South
Central Industrial Properties X,L.P.)
#2006-153 – Approving Acquisition of Lot One (1) and Lot Two (2), Block Thirteen (13), Fairview
Park Addition. (Steven D. and Bonnie R. Lockwood and John Burke and Karen Williams-Burke)
#2006-154 – Approving Bid Award for Street Improvement Project 2005-P-11; Temporary Right
Turn Lane – Capital Avenue from Diers Avenue to U.S. Highway 281 with The Diamond
Engineering Company of Grand Island, Nebraska in an Amount of $26,546.50.
RESOLUTIONS:
#2006-155 – Approving Construction of Memorial at New Fire Station #1. Jim Rowell, Fire Chief
reported that the Grand Island Firefighters had been raising monies to develop a memorial for
firefighters. Firefighter Ron Tubbs presented a PowerPoint presentation and stated the firefighters
were requesting permission to use a portion of the property at the site of the new fire station for a
Nebraska Fire and Rescue Memorial. If approved the groundbreaking was scheduled for May 19,
2006 in conjunction with the State Fire School.
Motion by Pielstick, second by Meyer to approve Resolution #2006-155. Upon roll call vote, all
voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Hornady, second by Haase to approve the Claims for the period of May 3, 2006 through
May 9, 2006, for a total amount of $1,189,339.69. Motion adopted unanimously.
Motion by Horandy, second by Haase to approve the following Claims for the Library Expansion for
the Period of April 12, 2006 through May 9, 2006:
#26 $710.00
#27 $437,838.08
Motion adopted unanimously.
ADJOURNMENT: The meeting was adjourned at 7:40 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Re-Appointment of Duane Burns to the Civil Service
Commission
The Mayor has submitted the re-appointments of Duane Burns to the Civil Service
Commission. This appointment would become effective June 1, 2006, upon approval by City
Council and would expire on June 1, 2012. Approval is recommended.
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Brenda Sutherland
City of Grand Island City Council
Item G3
Approving Appointments to the Interjurisdictional Planning
Commission
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: May 2, 2006
Subject: Approving Appointments to the Interjurisdictional
Planning Commission
Item #’s: G-3
Presenter(s): Chad Nabity, AICP Regional Planning Director
Background
At the March 28, 2006 meeting of the Grand Island City Council, Chapter 37 of the
Grand Island City Code was approved. A portion of this chapter included the formation
of an Interjurisdictional Planning Commission as requested by the Merrick County Board
per state statutes. The Mayor has the responsibility to appoint 3 members of the Regional
Planning Commission that represent the City of Grand Island to this Interjurisdiction
Planning Commission to be confirmed by the approval of the Grand Island City Council.
Discussion
The purpose of and terms of membership for the Interjursidictional Planning Commission
as laid out by statute and city code is as follows:
§37-11. Interjurisdictional Planning Commission; Created; Duties
An Interjurisdictional Planning Commission is hereby created with Merrick
County, Nebraska, pursuant to the requirement of Neb. R.R.S. §19-930, et seq. Said
Interjurisdictional Planning Commissio n shall have the powers, duties, responsibilities
and functions of the regional planning commission for the City of Grand Island in the
unincorporated area of Merrick County that is within two miles of the corporate
boundaries of the City of Grand Island.
§37-12. Composition; Appointment of Members
The Interjurisdictional Planning Commission shall consist of six members. Three
members shall be chosen by the Mayor with the approval of the council from the City's
members on the Hall County Regional Planning Commission which acts as the City's
planning commission. The remaining three members shall be chosen by the Merrick
County Board from members currently serving on the Merrick County Planning
Commission.
§37-13. Term of Members
The term of each appointed member shall be for one year and until their
successors are appointed and qualified. The City of Grand Island members of the
Interjurisdictional Planning Commission may be reappointed to successive one-year
terms during their tenure on the Hall County Regional Planning Commission.
At the May 10 meeting of the Regional Planning Commission three members of the
Regional Planning Commission representing the City of Grand Island (Dianne Miller,
Tom Brown and Robert Niemann) volunteered to serve on the Interjurisdicitional
Planning Commission. The Mayor is forwarding these people for approval as members
of the Interjursidictional Planning Commission representing the City of Grand Island.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move 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 appointments of Dianne
Miller, Tom Brown and Robert Niemann to the the Interjurisdicitonal Planning
Commission.
Sample Motion
Motion to approve the appointments as presented.
Item G4
#2006-156 - Approving Confidentiality Agreement with Charter
Communications Regarding Cable Franchise Issues
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Dale M. Shotkoski, Interim City Attorney
Meeting: May 23, 2006
Subject: Cable Franchise Review
Item #’s: G-4
Presenter(s): Dale M. Shotkoski, Interim City Attorney
Background
The City of Grand Island has a cable franchise agreement with CC VI Operating, L.L.C.,
doing business as Charter Communcations which franchise is currently being reviewed
and subject to renewal.
Discussion
As part of the cable franchise review process, the city has joined in an interlocal
agreement with the City of Kearney, who has the same cable services provider. As part of
the interlocal agreement, both cities agreed to use the services of Brian Grogan, of Moss
& Barnett, as a consultant to assist in the review process. One of the steps necessary for
the review and renewal process is a desk audit. Charter Communications has requested a
confidentiality agreement to be entered into between the city and itself to insure that any
proprietary numbers or information concerning its business can remain confidential. The
confidentiality agreement will protect its business interests from competitors and will not
interfere with the need for the financial information that the city requires for the renewal
process. It is the recommendation of Brian Grogan of Moss & Barnett, who has prepared
the confidentiality agreement for the City of Grand Island that it be approved.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move 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 confidentiality agreement
between the City of Grand Island and CC VI Operating, L.L.C., doing business as
Charter Communications be approved.
Sample Motion
Motion to approve the confidentiality agreement between the City of Grand Island and
CC VI Operating, L.L.C., doing business as Charter Communications.
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-156
WHEREAS, the City of Grand Island has a cable franchise agreement with CC VI
Operating LLC, doing business as Charter Communications; and
WHEREAS, a cable franchise review is currently being performed in accordance with the
franchise agreement which requires the City to have access to various documents of Charter
Communications, including financial records; and
WHEREAS, in order to protect and secure the proprietary information provided, it is
recommended that a confidentiality agreement be entered into between the parties; and
WHEREAS, the proposed agreement 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 Confidentiality Agreement between the City
and CC VI Operating LLC, doing business as Charter Communications for the performance of a cable
franchise review is hereby approved; and 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 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G5
#2006-157 - Approving Agreement with Grand Island Youth
Baseball, Inc. for Little League Baseball Program
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park and Recreation Director
Meeting: May 23, 2006
Subject: Approving Agreement with Grand Island Youth Baseball,
Inc. for Little League Baseball Program
Item #’s: G-5
Presenter(s): Steve Paustian, Park and Recreation Director
Background
Grand Island Youth Baseball, Inc. is one of the volunteer groups that organizes and administers
youth baseball for the City of Grand Island. Their contract is up for renewal at this time.
Discussion
This contract offers nearly the same terms and conditions as the current contract. The only change
in the new contract is the insertion of an automatically renewing clause that will eliminate the
need for the development of a new contract in a period certain. The contract can still be modified
or terminated at either parties request.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Move 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 new contract.
Sample Motion
Motion to approve the contract with Grand Island Youth Baseball, Inc.
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-157
WHEREAS, the City of Grand Island subsidizes the Grand Island Youth Baseball, Inc. to
provide baseball programs each summer at City parks; and
WHEREAS, Grand Island Youth Baseball, Inc. provides the necessary instruction, baseball
equipment, grounds and maintenance personnel, league schedules, and other services relating to the
implementation of the baseball programs; and
WHEREAS, it is recommended that funding to Grand Island Youth Baseball, Inc. in the
amount of $8,500 each fiscal year be approved for providing such services; and
WHEREAS, an agreement for such services 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 agreement by and between the City and the
Grand Island Youth Baseball, Inc. for the provision of summer baseball leagues, in accordance with the
terms of the agreement is hereby approved; and 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 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G6
#2006-158 - Approving Certificate of Final Completion with
Environmental Direct for Asbestos Abatement and Building
Demolition at CAAP
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Council Agenda Memo
From: Steve Paustian, Park and Recreation Director
Meeting: May 23, 2006
Subject: Certificate of Final Completion-Asbestos Abatement and Building
Demolition/Removal at the Cornhusker Army Ammunition Plant
Item #’s: G-6
Presenter(s): Steve Paustian, Park and Recreation Director
Background
A City owned building located on the Heartland Public Shooting Park property was destroyed by
a fire last fall. The building had asbestos siding and required special treatment in order to remove
the debri. A contract was awarded to Environmental Direct, Inc. to remove the debri. A contract
was awarded in the amount of $62,500.00 to complete this work.
Discussion
The above work has been completed and a resolution approving the Certificate of Final
Completion is before you.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Counc il may:
1. Move 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 Certificate of Final Completion.
Sample Motion
Motion to approve the Certificate of Final Completion.
CERTIFICATE OF FINAL COMPLETION AND ACCEPTANCE
ASBESTOS ABATEMENT
AND
BUILDING DEMOLITION REMOVAL
CORNHUSKER ARMY AMMUNITION PLANT
CITY OF GRAND ISLAND, NEBRASKA
MAY 23, 2006
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
This is to certify that the Asbestos Abatement and Building Demolition Removal at the
Cornhusker Army Ammunition Plant has been fully completed by Environmental Direct,
Inc. of Grand Island, NE under contract dated February 6, 2006. All other work has been
completed in accordance with the terms, conditions, and stipulations of said contract and
complies with the contract, the plans, and the specifications. The work is hereby accepted
for the City of Grand Island, Nebraska, by the Parks and Recreation Director in accordance
with the provisions of the terms of the above said contract.
Respectfully submitted,
Steve Paustian
Parks & Recreation Director
----------------------------------------------------------------------------------------------------------------
TO THE MEMBERS OF THE COUNCIL
CITY OF GRAND ISLAND
GRAND ISLAND, NEBRASKA
I hereby recommend that the Certificate of Final Completion and Acceptance be approved
and warrants issued from Account No. 61550020-85465 to Environmental Direct, Inc. in
the final payment amount of $62,500.00.
Respectfully submitted,
Jay Vavricek
Mayor
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-158
WHEREAS, the Parks and Recreation Director of the City of Grand Island has issued his
Certificate of Final Completion for Asbestos Abatement and Building Demolition/Removal at the
Cornhusker Army Ammunition Plant, certifying that Environmental Direct, Inc. of Grand Island, Nebraska,
under contract dated February 6, 2006, has completed such project according to the terms, conditions, and
stipulations for such improvements; and
WHEREAS, the Parks and Recreation Director recommends the acceptance of the final
completion; and
WHEREAS, the Mayor concurs with the Parks and Recreation Director's
recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Parks and Recreation Director's Certificate of
Final Completion for Asbestos Abatement and Building Demolition/Removal at the Cornhusker Army
Ammunition Plant is hereby confirmed.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
RaNae Edwards, City Clerk
Item G7
#2006-159 - Approving Renewal of Farm Leases for 2006
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Gary R. Mader;Steve Riehle;Steve Paustian;Jim Rowe
City of Grand Island City Council
Council Agenda Memo
From: Gary R. Mader, Utilities Director
Jim Rowell, Fire Chief
Steve Riehle, Public Works Director
Steve Paustian, Parks & Recreation Director
Meeting: May 23, 2006
Subject: Approving Renewal of Farm Leases
Item #’s: G-7
Presenter(s): Gary R. Mader, Utilities Director
Jim Rowell, Fire Chief
Steve Riehle, Public Works Director
Steve Paustian, Parks & Recreation Director
Background
The Utilities, Fire, Public Works and Parks and Recreation Departments lease lands
owned, but not required for actual equipment installations, for agricultural use. This
process reduces department maintenance expense and provides revenue from the farming
operations. The leases are for one year terms with access for utility purposes guaranteed
at any time. Areas included are: the area for the future Fire Training Center at Hwy. 30
and Stuhr Road off of Talc Drive, Platte Generating Station, Burdick Station, the
Wellfield, land north of the Wastewater Treatment Plant, land at the former Cornhusker
Army Ammunition Plant and the City Landfill.
Discussion
A summary of the leases for 2006 is listed below:
Farm #
Property
Tenant
Acres
Rented
Rent Share
5 Fire Dept. Training Center Jeff Johnson 31 +/- $140/acre Cash Rent; All
deficiency payments
6 CAAP Site Robert
Nunnenkamp
48 +/- $3,000 Cash Rent
Farm #
Property
Tenant
Acres
Rented
Rent Share
6A CAAP Site Matt Tureck 51 +/- 33% Prairie Hay
7 Platte Generating Station Mike Lilienthal 255 +/- 33% Alfalfa or rotation
crops
8 Northwest Wellfield Ken Clausen 114 +/- 50% Prairie Hay
9 Central and Southwest
Wellfield
Larry Knuth 520 +/- 50% Prairie Hay
10 East part of the Wellfield Jack Webb 650 +/- 50% Prairie Hay
11 City Industrial Subdivision Mike Peters 116 +/- $12,500 Cash Rent
11A Cherry Street Substation Gerald Bremer 16.5 +/- $50 Cash Rent
12 City Landfill Site Philip Quaring 170 +/- $3,500 Cash Rent
40% Prairie Hay
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move 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 annual farm leases.
Sample Motion
Motion to approve the farm leases for 2006.
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-159
WHEREAS, the Utilities, Public Works, and Parks and Recreation Departments have
negotiated and submitted proposed leases for the 2006 crop year for its crop and hayland; and
WHEREAS, approval of these leases is recommended.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the following leases be, and hereby are, approved
and the Mayor is authorized and directed to sign the leases on behalf of the City of Grand Island:
Property Tenant Acres
Rented
Rent Share
Fire Dept. Training Center Jeff Johnson 31 +/- $140/acre Cash Rent;
All deficiency payments
Platte Generating Station Mike Lilienthal 225 +/- 33% Alfalfa or rotation
crops
Northwest City Well Field Ken Clausen 114 +/- 50% Prairie Hay
Central and Southwest City Well Field Larry Knuth 520 +/- 50% Prairie Hay
East City Well Field Jack Webb 650 +/- 50% Prairie Hay
City Industrial Subdivision Mike Peters 116.4 +/- $12,500 Cash Rent
Cherry Street Substation Gerald Bremer 16.5 $50 Cash Rent
City Landfill Phillip Quaring 174 +/- $3,500 Cash Rent
50% Prairie Hay
CAAP Robert Nunnenkamp 48 +/- $3,000 Cash Rent
CAAP Matt Tureck 51 +/- 33% Prairie Hay
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G8
#2006-160 - Approving Renewal of Lease Agreement for One-Stop
Workforce Development Center
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Dale Shotkoski
City of Grand Island City Council
Council Agenda Memo
From: Dale M. Shotkoski, Interim City Attorney
Meeting: May 23, 2006
Subject: Second Lease Addendum for the Nebraska Department
of Labor for the One Stop Center
Item #’s: G-8
Presenter(s): Dale M. Shotkoski, Interim City Attorney
Background
The City of Grand Island, in partnership with the State of Nebraska, Department of
Labor, in 2001, entered into a lease agreement allowing the State of Nebraska to lease a
city facility for a period of five years, which lease contained a provision for an extension
of the lease for a period of an additional five year term if the lessee, the State of
Nebraska, fully complied with all the terms of the first lease renewal.
Discussion
The State of Nebraska has complied with the original lease thus allowing them to request
the extension for an additional five years, which request was made. Discussions have
been held between city officials and state officials concerning the actual number of
square feet being used at the One Stop Center and cooperatively, the space is being
shared as needed. Conference rooms, furnished by the State of Nebraska, have been made
available for city use and storage space, not currently counted as square feet in the lease,
is being occupied by the State. The lease extension is formally for 9,572 square feet of
space at $8.71 per square foot for an annual cost of $83,372.12 to be paid in monthly
installments of $6,947.68. The actual number of square feet currently occupied by the
State may be closer to 14,000 square feet, however, the state officials have agreed that if
the space requirements are needed for city use, that the storage areas would be vacated by
the State at on as needed basis for the city. It is recommended that the Second Lease
Addendum, which equates to a rental increase of 9% for the State of Nebraska to
continue its occupancy at the One Stop Center be approved.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move 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 Second Lease Addendum
be approved.
Sample Motion
Motion to approve the Second Lease Addendum between the State of Nebraska, One
Stop Center and the City of Grand Island.
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-160
WHEREAS, on January 23, 2001, by Resolution 2001-35, the City Council of the City of
Grand Island approved a Lease Agreement with the State of Nebraska Department of Administrative
Services for the use of the building at 1306 West Third Street as a One-Stop Center; and
WHEREAS, on July 24, 2001, by Resolution 2001-193, the City Council of the City of
Grand Island approved an amendment to the Lease Agreement to reflect additional rent required based on
square footage of space being utilized; and
WHEREAS, the Lease Agreement is scheduled to expire in June, 2006; and
WHEREAS, the State of Nebraska Department of Administrative Services has requested
that the lease agreement be renewed with a 9% increase in rent and to continue all other terms and
conditions; and
WHEREAS, the proposed 2nd Lease Addendum has been reviewed and approved by the
Interim City Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the 2nd Lease Addendum to the One-Stop Center
located at 1306 West Third Street is hereby approved to allow a five-year extension to the lease with the
State of Nebraska Department of Administrative Services for such space.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G9
#2006-161 - Approving Amendment to the Platte River Well Field
River Channel Flow Analysis Agreement - Utilities Department
Tuesday, May 23, 2006
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
Meeting: May 23, 2006
Subject: Amendment to the Platte River Well Field River Channel
Flow Analysis Agreement
Item #’s: G-9
Presenter(s): Gary R. Mader, Utilities Director
Backgro und
In August of 2005, the City, Utilities Department, entered into an agreement with the US
Geological Survey (USGS) and the Central Platte Natural Resources District (CPNRD) to
study and define the proportional flows in the four river channels at the City’s Well Field.
The flow distribution is important to the maintenance of water quality in the underlying
aquifer. The Agreement provides for a cost shared project among the parties with the
USGS being the lead agency. A copy of the original explanatory memo to Council is
attached for reference.
Discussion
As this project was undertaken, it generated interest from another entity, the USGS
Northern Prairie Wildlife Center, who also had interests in studying river channel
geomorphology and the project scope has been increased. The additional party and scope
increase added to the time of the project, resulting in the USGS request to extend the
contract by one year, from November 2006 to November 30, 2007.
There is no change in the cost to the Utilities Department. A copy of the proposed
contract amendment is attached.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
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 amendment to the agreement for Geomorphic
Assessment of Selected Channels of the Platte River near Grand Island, Nebraska be
approved.
Sample Motion
Motion to approve the amendment to the agreement with USGS for Geomorphic
Assessment of Selected Channels of the Platte River near Grand Island, Nebraska.
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-161
WHEREAS, on August 9, 2005, by Resolution 2005-223, the City Council of the City of
Grand Island approved a contract with the U.S. Geological Survey Division and the Central Platte Natural
Resources District for geomorphic assessment of selected channels of the Platte River near Grand Island,
Nebraska; and
WHEREAS, the contract was scheduled to expire in November 2006; and
WHEREAS, the scope of the contract was increased when the U.S.G.S. Northern Prairie
Wildlife Center expressed an interest in also studying river channel geomorphology; and
WHEREAS, in order to ensure completion of the contract with the additional scope of the
project, it has been recommended that the contract be amended to extend the completion date to
November 2007; and
WHEREAS, the amendment to such contract 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 contract between the City and the U.S.
Geological Survey Division and the Central Platte Natural Resources District for Geomorphic Assessment
of Selected Channels of the Platte River near Grand Island, Nebraska is hereby extended until
November 30, 2007.
BE IT FURTHER RESOLVED, that Mayor is hereby authorized and directed to execute
such contract amendment on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G10
#2006-162 - Approving Bid Award for One (1) Used Dump Truck
(Waste Water Division)
Tuesday, May 23, 2006
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 23, 2006
Subject: Approving Bid Award for One (1) Used Dump Truck
(Waste Water Division)
Item #’s: G-10
Presenter(s): Steven P. Riehle, Public Works Director
Background
On May 2, 2006 the Waste Water Division of the Public Works Department advertised
for bids for the purchase of one (1) used dump truck for use in solids handling and
hauling of sewage sludge.
Discussion
One bid was received and opened on May 16, 2006. The bid was submitted in
compliance with the specifications with no exceptions. The truck was inspected by Waste
Waster Division staff and was deemed acceptable. The estimate for the used dump truck
was $50,000.00. The bid is shown below.
Bidder Exceptions Bid Security Bid Price
Nebraska Peterbilt,
Grand Island, NE
None $2,100.00 $42,000.00
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 the used dump truck from Nebraska Peterbilt
of Grand Island, NE in the amount of $42,000.00.
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the purchase of the used dump
truck from Nebraska Peterbilt of Grand Island, NE.
Sample Motion
Motion to the purchase.
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 16, 2006 at 11:15 a.m.
FOR: (1) Used Dump Truck
DEPARTMENT: Public Works
ESTIMATE: $50,000.00
FUND/ACCOUNT: 53030001-85625
PUBLICATION DATE: May 2, 2006
NO. POTENTIAL BIDDERS: 7
SUMMARY
Bidder: Nebraska Peterbilt
Grand Island, NE
Bid Security: $2,100.00
Exceptions: None
Bid Price: $42,000.00
cc: Steve Riehle, Public Works Director Danelle Collins, PW Admin. Assist.
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P1090
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-162
WHEREAS, the City of Grand Island invited sealed bids for One (1) Used Dump Truck,
according to specifications on file with the City Engineer; and
WHEREAS, on May 16, 2006, bids were received, opened and reviewed; and
WHEREAS, Nebraska Peterbilt of Grand Island, Nebraska, submitted a bid in accordance
with the terms of the advertisement of bids and specifications and all other statutory requirements contained
therein, such bid being in the amount of $42,000; and
WHEREAS, Nebraska Peterbilt's bid is less than the estimate for such vehicle.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Nebraska Peterbilt of Grand Island,
Nebraska, in the amount of $42,000 for one used dump truck is hereby approved as the lowest responsible
bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G11
#2006-163 - Approving Bid Award for One (1) Self-Propelled
Sewer Cleaning Easement Machine (Waste Water Division)
Tuesday, May 23, 2006
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 23, 2006
Subject: Approving Bid Award for One (1) Self-Propelled Sewer
Cleaning Easement Machine (Waste Water Division)
Item #’s: G-11
Presenter(s): Steven P. Riehle, Public Works Director
Background
On May 2, 2006 the Waste Water Division of the Public Works Department advertised
for bids for the purchase of one (1) self-propelled easement machine to use for cleaning
sanitary sewer mains in easements. Funds for the easement machine were approved in the
2005/2006 budget (page 270).
Discussion
One bid was received and opened on May 16, 2006. The bid was submitted in
compliance with the specifications with no exceptions. The estimate for the easement
machine was $40,000.00. The bid is shown below.
Bidder Exceptions Bid Security Bid Price
Elliott Equipment Co.
Grimes, IA
None Merchants Bonding Co. $35,804.00
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 the self-propelled easement machine from
Elliott Equipment Co., of Grimes, IA in the amount of $35,804.00.
2. Refer the issue to a Committee.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council approve the purchase of the self-
propelled easement machine from Elliott Equipment Co., of Grimes, IA.
Sample Motion
Motion to the purchase.
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 16, 2006 at 11:00 a.m.
FOR: Self-Propelled Easement Machine
DEPARTMENT: Public Works
ESTIMATE: $40,000.00
FUND/ACCOUNT: 53030054-85615
PUBLICATION DATE: May 2, 2006
NO. POTENTIAL BIDDERS: 3
SUMMARY
Bidder: Elliott Equipment Co.
Grimes, IA
Bid Security: Merchants Bonding Company
Exceptions: None
Bid Price: $35,804.00
cc: Steve Riehle, Public Works Director Ben Thayer, Supt. of WWTP
Danelle Collins, PW Admin. Assist. Gary Greer, City Administrator
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P1088
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-163
WHEREAS, the City of Grand Island invited sealed bids for a Self-Propelled Easement
Machine, according to specifications on file with the City Engineer; and
WHEREAS, on May 16, 2006, bids were received, opened and reviewed; and
WHEREAS, Elliott Equipment Co. of Grimes, Iowa, submitted a bid in accordance with the
terms of the advertisement of bids and specifications and all other statutory requirements contained therein,
such bid being in the amount of $35,804.00; and
WHEREAS, Elliott Equipment Co.'s bid is less than the estimate for such machine.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Elliott Equipment Co. of Grimes, Iowa,
in the amount of $35,804.00 for a self-propelled easement machine is hereby approved as the lowest
responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G12
#2006-164 - Approving Continuation of Sanitary Sewer No. 521,
Lot 9; Westwood Park Second Subdivision
Tuesday, May 23, 2006
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 23, 2006
Subject: Approving Continuation of Sanitary Sewer No. 521, Lot 9;
Westwood Park Second Subdivision
Item #’s: G-12
Presenter(s): Steven P. Riehle, Public Works Director
Background
Sanitary Sewer District 521 was created by the City Council on April 11, 2006. Legal notice of
the creation of the District was published in the Grand Island Independent on April 18, 2006. A
letter was also mailed to the property owner on that date.
Discussion
The district completed the 30-day protest period at 5:00 p.m., Friday, May 19, 2006. There were
no protests filed against the District.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Move to approve the continuation of the Sanitary Sewer District.
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 continuation of Sanitary
Sewer District 521.
Sample Motion
Motion to approve the continuation of Sanitary Sewer District 521.
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-164
WHEREAS, Sanitary Sewer District No. 521 was created by Ordinance No. 9041 on
April 11, 2006; and
WHEREAS, notice of the creation of such sewer district was published in the Grand Island
Independent, in accordance with the provisions of Section 16-667.01, R.R.S. 1943; and
WHEREAS, Section 16-667.01, R.R.S. 1943, provides that if the owners of record title
representing more than 50% of the front footage of the property abutting upon the streets, avenues, or
alleys, or parts thereof which are within such proposed district shall file with the City Clerk within thirty days
from the first publication of said notice written objections to such district, said work shall not be done and
the ordinance shall be repealed; and
WHEREAS, the protest period ended on May 19, 2006, and no protests have been filed
against the creation of such district.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that insufficient protests have been filed with the City
Clerk against the creation of Sanitary Sewer District No. 521, therefore such district shall be continued and
constructed according to law.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G13
#2006-165 - Approving Extension of Bid Prices with The Diamond
Engineering Company for the Lease of Two (2) Dump Trucks;
Wastewater Division
Tuesday, May 23, 2006
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 23, 2006
Subject: Approving Extension of Bid Prices with The Diamond
Engineering Company for the Lease of Two (2) Dump
Trucks; Wastewater Division
Item #’s: G-13
Presenter(s): Steven P. Riehle, Public Works Director
Background
The Waste Water Division is landfilling sewage sludge from the Waste Water Treatment
Plant. Bid specifications were prepared to modify city trucks by adding dump boxes to
haul the sewage sludge. As a temporary solution until the city could get the dump boxes
installed on the city trucks, bid specifications were prepared to lease two (2) dump trucks
for an estimated 56 days (2 trucks x 8 weeks = 16 weeks total).
On February 14, 2006 the City Council passed a resolution approving a bid for the lease
of two (2) dump trucks to haul sludge to the landfill to The Diamond Engineering
Company.
Description Estimated Quantity Bid Unit Price Amount
Weekly Lease Rate 16 Weeks $675.00 $10,800
Mileage 7,680 Miles $1.28 $9,830.40
Total $20,630.40
The bid was also awarded at the February 14, 2006 meeting to put dump boxes on two (2)
Wastewater Division trucks. The successful bidder’s delivery date was approximately
105 to 130 days after receipt of the order (delivery June 5 to June 30).
Discussion
Administration recommends extending the lease of the dump trucks to make up the gap
between the lease bid of 56 days and the dump box delivery bid of 105 to 130 days. The
Diamond Engineering Company has agreed to honor their bid prices.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the extension of bid prices with the Diamond Engineering
Company for the lease of two (2) dump trucks to June 30, 2006.
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 extension of bid prices
with the Diamond Engineering Company for the lease of two (2) dump trucks to June 30,
2006.
Sample Motion
Motion to approve the extension of bid prices.
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-165
WHEREAS, on February 14, 2006, by Resolution 2006-46, the City Council of the City of
Grand Island awarded the bid for the lease of two (2) dump trucks to haul sewage sludge from the Waste
Water Treatment Plant to the landfill to The Diamond Engineering Company of Grand Island, Nebraska;
and
WHEREAS, the lease of such trucks was a temporary solution until the city could get
existing trucks modified to haul sewage sludge to the landfill; and
WHEREAS, the city truck modification has a delivery date of June 30, 2006, causing the
additional need for trucking of sewage sludge; and
WHEREAS, The Diamond Engineering Company has agreed to continue leasing trucks to
the City at the previously bid price; and
WHEREAS, it is in the City's best interests to continue such arrangement until the
modifications of its trucks are complete.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that The Diamond Engineering Company of Grand
Island, Nebraska, is hereby authorized to continue leasing dump trucks to haul sewage sludge from the
Wastewater Treatment Plant to the landfill at a cost of $675 per week and $1.28 per mile.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G14
#2006-166 - Approving Services Agreement with PropertyBureau,
Inc.
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steven Lamken, Police Chief
Meeting: May 23, 2006
Subject: Renewal of Contract with PropertyBureau, Inc.
Item #’s: G-14
Presenter(s): Steven Lamken, Police Chief
Background
The City entered into a one year contract with PropertyBureau Inc. to provide auction
services for the disposal of found and unclaimed property from the Police Department
and surplus property from City government. PropertyBureau, Inc. then sells the property
at auction on the Internet.
Discussion
PropertyBureau, Inc. brings a truck to the City and has taken all items the City has had
for auction including some hard to dispose of items such as electronics. The service has
significantly reduced the amount of time City personnel must spend to dispose of
property. The service has proven to be a cost effective method for auctioning found,
unclaimed, and surplus property for the City.
City Administration is recommending an open ended agreement with PropertyBureau,
Inc. that allows us to continue to use the services until such time as the City decides to
end the arrangement.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move 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 move to approve to continue using the
services of PropertyBureau, Inc. for the auction of found, unclaimed, and surplus
property.
Sample Motion
Motion to approve Resolution 2006-166 to contnue using the services of PropertyBureau,
Inc. for the auctioning of found, unclaimed and surplus property for the City of Grand
Island.
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-166
WHEREAS, the Grand Island Police Department is responsible for the sale of unclaimed
and/or stolen property; and
WHEREAS, the Police Department periodically schedules auctions to dispense of such
items; and
WHEREAS, Property Bureau, Inc. provides a service to allow such items to be listed on its
website and sold at public auction on the internet; and
WHEREAS, selling such items on the internet has the potential for a larger bidding pool and
a higher sale price than can be obtained selling it locally; and
WHEREAS, Property Bureau, Inc. would receive 50% of the first $1,000 and 25% over
that amount to provide this service; and
WHEREAS, it is recommended that the City authorize a contract with Property Bureau,
Inc. to sell the City's surplus, unclaimed, and/or stolen property according to the terms of the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Police Department is hereby authorized to enter
into a contract with Property Bureau, Inc. to facilitate the sale of the City's surplus, unclaimed, and stolen
property on the website, PropertyRoom.com, in accordance with the terms of the contract.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such contract on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G15
#2006-167 - Approving Bid Award for Consulting Services for
Quality Assurance Inspections and Testing for Law Enforcement
Center
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steven Lamken, Police Chief
Meeting: May 23, 2006
Subject: Quality Assurance Observation and Testing Services
Item #’s: G-15
Presenter(s): Steven Lamken, Police Chief
Background
The new Law Enforcement Center groundbreaking took place on May 15th. The
preconstruction meeting for beginning of work was also held on that day. The City needs
to contract for observation and testing services for parts of the construction project to
ensure that work is performed according to specifications.
It was determined that quality assurance services were needed during four phases of the
construction project: earthwork, concrete work, steel and welding, and masonry. The City
advertized for requests for proposals for quality assurance observation and testing
services for these phases of the construction project. The City received RFPs from four
firms on Friday, May 12th.
Discussion
Quality assurance observation and testing is critical for the construction of the law
enforcement center. Ensuring the use of materials that meets standards and that work is
performed to standards is an important safeguard of the City's investment in the new
facility. The quality assurance contract provides for testing of materials as well as
observation of work being performed on the job site during critical phases of the
construction.
RFPs were received from four engineering firms, GSI of Grand Island, Mid-State from
Kearney, Olsson Associates of Grand Island, and Terracon of Omaha. A team of four
City employees evaluated the RFP's on May 15th . The evaluation team selected Olsson
Associates of Grand Island as the best RFP and first choice to provide services. We
contacted Olsson Associates and negotiated the scope of services to be provided under
contract. The total scope of services for observation and testing are not to exceed
$40,000.00 during the contract.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move 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 contract with Olsson
Associates for quality assurance observation and testing services on the law enforcement
center construction project not to exceed a total of $40,000.00.
Sample Motion
Motion to approve the contract with Olsson Associates for quality assurance observation
and testing services on the law enforcement center construction project not to exceed a
total of $40,000.00.
Purchasing Division of Legal Department
INTEROFFICE MEMORANDUM
Dale M. Shotkoski, Assistant City Attorney
Working Together for a
Better Tomorrow, Today
REQUEST FOR PROPOSAL
FOR
CONSULTING SERVICES FOR QUALITY ASSURANCE INSPECTIONS AND TESTING OF
CONSTRUCTION OF THE LAW ENFORCEMENT CENTER
RFP DUE DATE: May 12, 2006 at 4:00 p.m.
DEPARTMENT: Police
PUBLICATION DATE: April 26, 2006
NO. POTENTIAL BIDDERS: 6
SUMMARY OF PROPOSALS RECEIVED
Terracon Consultants, Inc. Geotechnical Services, Inc.
Omaha, NE Grand Island, NE
Mid-State Engineering & Testing, Inc. Olsson Associates
Columbus, NE Grand Island, NE
cc: Steve Lamken, Police Chief Robert Falldorf, Police Captain
Gary Greer, City Administrator David Springer, Finance Director
Dale Shotkoski, Purchasing Agent Laura Berthelsen, Legal Assistant
P1086
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-167
WHEREAS, the City of Grand Island invited proposals for Consulting Services for Quality
Assurance Inspections and Testing of Construction of the Law Enforcement Center in accordance with a
Request for Proposal on file at Grand Island Police Department; and
WHEREAS, on May 16, 2006, proposals were received, reviewed and evaluated in
accordance with established criteria; and
WHEREAS, Olsson Associates of Grand Island, Nebraska, submitted a proposal in
accordance with the terms of the request for proposals and all statutory requirements contained therein and
the City Procurement Code, such proposal being for an amount not to exceed $40,000.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the proposal of Olsson Associates of Grand Island,
Nebraska, for consulting services for quality assurance inspections and testing of construction of the Law
Enforcement Center for an amount not to exceed $40,000 is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute an agreement for such services on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G16
#2006-168 - Approving Adoption of the Prevention of Spread of
Communicable Disease, Illness, or Poisoning Policy
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Teresa Anderson, Health Department Director
City of Grand Island City Council
Council Agenda Memo
From: Teresa Anderson, Executive Director, Central District
Health Department
Meeting: May 23, 2006
Subject: Prevention of Spread of Communicable Disease, Illness
or Poisoning"
Item #’s: G-16
Presenter(s): Teresa Anderson, Executive Director, Central District
Health Department
Background
The suggested resolution “Prevention of the Spread of Communicable Disease, Illness, or
Poisoning” assigns the authority to order a “Directed Health Measure” to the Director of
Central District Health Department. This resolution would be employed in the event of
exposure to members or a member of the public to communicable disease, illness or
poisoning by biological, chemical, radiological or nuclear agents. A Directed Health
Measure is any measure whether prophylactic or remedial, intended and directed to
prevent or limit the spread of communicable disease or to prevent or limit public
exposure to or spread of biological, chemical, radiological, or nuclear agents.
Discussion
This draft is being presented to city and county governments for action across Nebraska
at the urging of Nebraska Health and Human Services. The underlying rationale for
passing the ordinance at this time is as follows:
1. Local public health districts cover all residents and counties in Nebraska.
2. Local public health has the capacity for surveillance and epidemiological
investigation.
3. Local policy which assigns the authority to declare quarantine and isolation to
local health district officials greatly reduces the time factor for implementation and
action, thereby reducing potential exposure to the public.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move 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 policy for the Prevention
of Spread of Communicable Disease, Illness, or Poisoning Policy.
Sample Motion
Motion to approve the adoption of the Prevention of Spread of Communicable Disease
Illness, or Poisoning Policy.
Central District Health Department
Prevention of Spread of Communicable Disease, Illness, or Poisoning
Authority
These regulations are enacted pursuant to Neb. Rev. Stat. § 71-501, and 71-1626 et seq. and
apply to the exercise of authority by the Department to order Directed Health Measures
necessary to prevent the spread of communicable disease, illness or poisoning.
Nothing in these regulations precludes the Department from requesting voluntary compliance
with beneficial health measures.
Nothing in these regulations precludes the Department from referring a matter covered by these
regulations to the State Public Health Department at any time.
Definitions
Chief Medical Officer: means the state Chief Medical Officer appointed pursuant to Neb. Rev.
Stat. § 81-3201, if the State Public Health Department Director is not a Medical Doctor.
Communicable Disease, Illness, or Poisoning: means an illness due to an infectious or
malignant agent, which is capable of being transmitted directly or indirectly to a person from an
infected person or animal through the agency of an intermediate animal, host or vector, or
through the inanimate environment.
Decontamination: means the removal or neutralizing of contaminating material, such as
radioactive materials, bio logical materials, or chemical warfare agents, from a person or object to
the extent necessary to preclude the occurrence of foreseeable adverse health effects.
Decontamination includes remediation or destruction of sources of communicable disease or
biological, chemical, radiological or nuclear agents.
Department: means the Central District Health Department
Directed Health Measures: means any measure, whether prophylactic or remedial, intended
and directed to prevent or limit the spread of communicable disease or to prevent or limit public
exposure to or spread of biological, chemical, radiological or nuclear agents.
Director: means the Director of the Central District Health Department, or a person acting on
behalf of the Director as his or her designee.
Health Care Facility: means any facility licensed under the Health Care Facility Licensure Act,
and shall include such additional clinics not licensed under that act as may be identified in
specific orders issued pursuant to these regulations.
2
Health Care Provider: means any credentialed person regulated under the Advanced Practice
Registered Nurse Act, the Emergency Medical Services Act, the Licensed Practical Nurse-
Certified Act, the Nebraska Certified Nurse Midwifery Practice Act, the Nurse Practice Act, the
Occupational Therapy Practice Act, the Uniform Licensing Law, or sections 71-3702 to 71-3715.
Isolation: means the separation of people who have a specific communicable disease from
healthy people and the restriction of their movement to stop the spread of that disease.
Local Public Health Department: means a local public health department as defined by Neb.
Rev. Stat. § 71-1626 and its governing officials.
Personal Protective Equipment (PPE): means equipment ordered or used to protect an
individual from communicable disease, illness or poisoning.
Premises: means land and any structures upon it.
Public Health Authority: means any individual or entity charged by law with a duty or
authority to enforce or carry out a public health function.
Quarantine: directed to identified individuals or defined populations means the restriction of, or
conditions upon, the movement and activities of people who are not yet ill, but who have been or
may have been exposed to an agent of communicable disease, illness, or poisoning and are
therefore potentially capable of communicating a disease, illness, or poison. The purpose is to
prevent or limit the spread of communicable disease, illness or poison. Quarantine of individuals
or defined populations generally involves the separation of the quarantined, from the general
population.
Quarantine and isolation: These terms both include restriction of, or conditions upon, the
movement and activities of people to prevent or limit the spread of communicable disease,
illness or poisoning. In circumstances where animals are agents of communicable disease, illness
or poisoning, either term may apply to such animals.
Quarantine Officer: means the statutorily established quarantine officer for a municipality or
county, us ually the chief executive or top law enforcement officer.
Quarantine of premises: means restriction of the movement of all people upon, into or out from
those premises to prevent or limit the spread of communicable disease or to prevent or limit
public exposure to or spread of biological, chemical, radiological or nuclear agents.
State Public Health Department: means the Nebraska Department of Health and Human
Services Regulation and Licensure or its successor.
3
Findings
A. When the Director receives information from:
1. the United States Department of Health and Human Services Centers for Disease Control
and Prevention;
2. the State Public Health Department;
3. any other Local Public Health Department;
4. communicable disease surveillance conducted by the Central District Health Department;
or
5. treating health care providers or health care facilities
that a member or members of the public have been, or may have been exposed to a
communicable disease, illness or poisoning by biological, chemical radiological or nuclear
agents, the Director will review all information under the following provisions to determine if
any Directed Health Measure should be ordered.
B. Before ordering a Directed Health Measure, the Director:
1. Must find both:
a. that a member or members of the public have been, or may have been exposed; and
b. that Directed Health Measures exist to effectively prevent, limit or slow the spread of
communicable disease or to prevent, limit or slow public exposure to or spread of
biological, chemical, radiological or nuclear agents; and
2. Must find one or more of the following:
a. that the exposure presents a risk of death or serious long-term disabilities to any
person;
b. that the exposure is wide-spread and poses a significant risk of harm to people in the
general population; or
c. that there is a particular subset of the population that is more vulnerable to the threat
and thus at increased risk;
3. May make further finding, in assessing the nature of the risk presented:
a. Whether the threat is from a novel or previously eradicated infectious agent or toxin;
b. Whether the threat is or may be a result of intentional attack, accidental release, or
natural disaster;
c. Whether any person(s) or agent(s) posing the risk of communicating the disease are
non-compliant with any measures ordered by a health care provider.
C. If affirmative findings are made pursuant to subsection 003 B. and the Director further finds
that a delay in the imposition of an effective Directed Health Measure would significantly
jeopardize the ability to prevent or limit the transmission of a communicable disease, illness
or poisoning or pose unacceptable risks to any person or persons, the Director may impose
any of the Directed Health Measures set out in section 004.
4
The Director’s findings will be reported to the State Public Health Department Communicable
Disease Control program.
The Director may refer the findings to the Director of the State Public Health Department and
defer to that Director for the imposition of measures under the State Public Health Department’s
authority.
Directed Health Measures
A. Directed Health Measures which may be ordered by the Director are:
1. Quarantine:
Of individuals,
Of defined populations,
Of buildings and premises, or of defined areas, public and private, or
Of animals
The methods of quarantine may require the individual or population to remain within
defined areas or to restricted activities, which may include “work quarantine” restricting
individuals or defined populations to their residence or workplace.
In the event that the quarantine of affected premises posing an immediate threat to the
public health and safety is determined to be incapable of effective enforcement, the
Department may act alone or in concert with any local jurisdiction having condemnation
and nuisance abatement authority, to carry out measures effective to remove the threat,
including safe demolition of the premises.
2. Isolation of individuals:
At home,
In a health care facility, or
In another designated area.
3. Decontamination.
4. Such other protocols or measures as may be identified as effective against public health
threats by the American Public Health Association, the United States Department of
Health and Human Services Centers for Disease Control and Prevention or other similar
authority.
B. Any of the Directed Health Measures may include, and are not limited to, any of the
following:
1. Periodic monitoring and reporting of vital signs.
5
2. Use of PPE for the performance of specified tasks or at specified premises.
3. Specific infection control measures including cleaning and disposal of specified
materials.
C. Any Order of the Director may include temporary seizure or commandeering of personal or
real property for public health purposes.
D. Directed Health Measures may be directed to an individual, group of individuals,
or a population, or directed to the public at large with regard to identified premises or
activities and may also include health care providers, health care facilities, health care
authorities and public and private property including animals.
Procedure
A. In making the finding under subsection 003 and determining the measures under subsection
004, the Director will consult with the medical director of the Central District Health
Department, and with the state’s Chief Medical Officer or other medical and communicable
disease control personnel of the State Public Health Department. The Director may make use of
the expertise and observations of any health care provider who has treated a person subject to
consideration for a Directed Health Measure. The Director will also consider the directives and
guidelines issued by the American Public Health Association and the United States Department
of Health and Human Services Centers for Disease Control and Prevention.
B. In determining the nature, scope and duration of the Directed Health Measure ordered, the
Director, based on the information available at the time of the determination, will:
1. Assess the situation and identify the least restrictive practical means of isolation,
quarantine, decontamination or imposition of other directed health measures on persons
or property that effectively protects unexposed and susceptible individuals.
2. When isolation or quarantine is ordered, select a place that will allow the most freedom of
movement and communication with family members and other contacts without allowing
disease transmission to others and allow the appropriate level of medical care needed by
isolated or quarantined individuals to the extent practicable.
3. For communicable diseases, order that the duration of the Directed Health Measure should
be no longer than necessary to ensure that the affected individual or group no longer poses
a public health threat.
.
4. Give consideration to separation of isolated individuals from quarantined individuals.
However, if quarantine or isolation is possible in the affected individual’s (s’) home,
individuals may be isolated with quarantined individuals.
5. Give consideration to providing for termination of the Order under the following
circumstances:
6
If laboratory testing or examination is available to rule out a communicable
condition, the Order may provide proof of the testing or examination negative
result will be accepted to terminate a Directed Health Measure.
If treatment is available to remedy a communicable condition, the Order may
provide that proof of successful treatment will be accepted to terminate a Directed
Health Measure.
Order
A. Upon a finding pursuant to subsection 003 and determination pursuant to subsection
004, the Director will issue an Order directed to the affected individual, individuals, entity or
entities.
B. Prior to issuing any Order, the Director will, as required by Neb. Rev. Stat. §71-
1631(10), obtain approval of the Directed Health Measure ordered by the State Public Health
Department.
C. Orders of the Director imposing Directed Health Measures are effective immediately.
D. Orders will contain the finding and determination and will order the affected person or
persons to comply with the terms of the Order, and will also include the following:
1. Orders of Isolation will contain the following:
a. Name and identifying information of the individual(s) subject to the order;
b. Brief statement of the facts warranting the isolation;
c. Conditions for termination of the order;
d. Duration of isolation period;
e. The place of isolation;
f. Required conditions to be met for treatment;
g. Required conditions to be met for visitation if allowed;
h. Instructions on the disinfecting or disposal of any personal property of the individual;
i. Required precautions to prevent the spread of the subject disease; and
j. Individual's right to an independent medical exam at their own expense.
2. Orders of Quarantine will contain the following:
a. Name, identifying information or other description of the individual, group of
individuals, premises or geographic location subject to the order;
b. Brief statement of the facts warranting the quarantine;
c. Conditions for termination of the order;
d. Specified duration of the quarantine;
e. The place or area of quarantine;
f. No contact except as approved by the Director or designee;
g. Symptoms of the subject disease and a course of treatment;
h. Instructions on the disinfecting or disposal of any personal property;
i. Precautions to prevent the spread of the subject disease; and,
7
j. Individual’s right to an independent medical exam at their own expense..
3. Orders of Decontamination will contain the following:
a. Description of the individual, group of individuals, premises, or geographic location
subject to the order;
b. Brief statement of the facts warranting the quarantine;
c. Instructions on the disinfecting or disposal of any personal property; and,
d. Precautions to prevent the spread of the subject disease.
Notice
A. Orders directed to individuals will be delivered in a manner reasonably calculated to give the
individual actual notice of the terms of the Order consistent with the threat of communicable
disease. Service may be made by law enforcement personnel or any other person designated by
the Director. Personal delivery may be attempted, except in cases when personal delivery would
present a risk of spread of disease or exposure to agents that cannot be avoided by measures
reasonably available. Electronic transmission by e-mail or telefacsimile will be sufficient,
provided that any available means of determining and recording receipt of such notice will be
made. If electronic transmission is impossible or unavailable under the circumstances, oral
communication by telephone or direct transmission of voice will be sufficient, and such
communication will be memorialized at the time it is delivered.
B. Orders directed to groups of individuals or populatio ns may be disseminated by mass media.
C. Orders directed to quarantine premises or geographic locations may be disseminated by mass
media and will be posted at or near the premises or geographic location in order to be visible
and effective to achieve the intended purpose. Copies of the Orders will be delivered to the
owners or others in control of the premises, if known, in the same manner as Orders directed
to individuals.
D. Copies of all Orders will be provided to the chief elected official(s) of the jurisdiction(s) in
which the Order is implemented.
E. The Central District Health Department will send a copy of the Order to the State Public
Health Department Communicable Disease Control program by telefacsimile, e-mail or the
Health Alert Network system.
Enforcement
A. The Department may seek the assistance of the appropriate quarantine officer to enforce any
Order.
B. Department personnel assigned to enforcement of any Order will promote the need for the
Directed Health Measure and encourage individuals to comply with all aspects of the Order.
8
C. Any individual subject to an Order may at any time present evidence to the Director to show
that the Order should be modified or terminated. The Director may or may not modify or
terminate the Order in his or her sole discretion.
D. Any person subject to an Order under these regulations who does not comply may be
referred to the County Attorne y for prosecution or injunctive action under Neb. Rev. Stat. §
71-506 or § 71-1631.01.
Cooperation and Coordination
The Department may assist or seek the assistance of the State Public Health Department,
quarantine officers, other Local Public Health Departments and other public health authorities
authorized or required by law to carry out Directed Health Measures in carrying out those
measures.
The Department may enter into Inter-local Cooperation agreements in furtherance of the
provisions of this chapter, however, the absence of any such agreement will not preclude the
Department from exercising its authority pursuant to these regulations.
Treating Health Care Providers must follow and aid affected individuals and populations in
compliance with ordered Directed Health Measures.
Reporting
Treating Health Care Providers, Health Care Facilities and other persons must report any
information known to them concerning any individual or entity subject to an Order of quarantine,
isolation or other Directed Health Measure that is not in compliance with the Order. The report
must be made to the State Public Health Department and local law enforcement.
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-168
WHEREAS, at the City Council Study Session of December 13, 2005, the Executive
Director of the Central District Health Department presented information on pandemic flu; and
WHEREAS, a draft copy of the Prevention of Spread of Communicable Disease, Illness or
Poisoning was provided for review and discussion; and
WHEREAS, the Executive Director of the Central District Health Department recommends
that the policy for the Prevention of Spread of Communicable Disease, Illness or Poisoning be adopted in
the interest of public health; and
WHEREAS, the adoption of this policy would authorize the Executive Director of the
Central District Health Department to order a "Directed Health Measure" in the event of exposure to
members or a member of the public to communicable disease, illness or poisoning by biological, chemical,
radiological or nuclear agents; and
WHEREAS, the proposed policy is attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island hereby adopts the
attached "Central District Health Department Policy on the Prevention of Spread of Communicable Disease,
Illness, or Poisoning".
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G17
#2006-169 - Approving Letter of Intent with Qwest for Phone
Lines for the New Law Enforcement Center
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Steve Lamken
City of Grand Island City Council
Council Agenda Memo
From: Steven Lamken, Police Chief
Meeting: May 23, 2006
Subject: Letter of Intent for Telephone Service
Item #’s: G-17
Presenter(s): Steven Lamken, Police Chief
Background
The new law enforcement center on the 1100 block of east Highway 30 will require
telephone service. There is no telephone service to the site at this time. We will require
several telephone lines to be brought into the building by Quest. Quest Communications
requires a letter of intent to be initiated for them to engineer the project and provide the
needed phone lines to the building.
Discussion
The construction plans for the new law enforcement center requires conduit to be
provided into the building for the installation of phone lines. Quest Communications will
design and run adequate telephone lines to serve the facility as part of their services
without cost to the City.
Quest will have costs of bringing phone services to the building. Quest requires the City
to sign a letter of intent for the phone service before they will commit the time and costs
to provide the needed phone lines to the center. The letter of intent is a statement of the
City's intent to build the law enforcement center.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move 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 move to approve the Mayor signing of
the letter of intent between the City of Grand Island and Quest Communications for
telephone service to the new law enforcement center.
Sample Motion
Motion to approve the Mayor signing a letter of intent between the City of Grand Island
and Quest Communications for telephone service to the new law enforcement center.
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-169
WHEREAS, the City of Grand Island is in the process of constructing a new Law
Enforcement Center at 1021 E. Highway 30; and
WHEREAS, the City of Grand Island has been contacted by Qwest Communications to
enter into a Letter of Intent specifying the telephone infrastructure to the new Law Enforcement Center; and
WHEREAS, it is necessary to enter into the Letter of Intent with Qwest Communications to
obtain the telephone infrastructure necessary for telephone and telecommunication service at that location.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the City shall enter into a Letter of Intent with
Qwest Communications specifying telecommunications infrastructure that will be installed for
telecommunications service at the new Law Enforcement Center.
BE IT FURTHER RESOLVED, that the Mayor is authorized to execute the Letter of Intent
with Qwest Communications.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G18
#2006-170 - Approving Change Order No. 1 with Tri Valley
Builders, Inc. for Construction of Fire Station No. 1
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Jim Rowell
City of Grand Island City Council
Council Agenda Memo
From: Jim Rowell, Fire Chief
Meeting: May 23, 2006
Subject: Change Order Fire Station One
Item #’s: G-18
Presenter(s): Jim Rowell, Fire Chief
Background
The new fire station construction was approved by council on April 11, 2006 at a total
dollar amount of $2,455,500. The amount approved included four alternates which were a
fourth bay, preparation work for the exhaust system, a natur al gas generator and a storage
building.
Discussion
The amount approved includ ing the four alternates was based on some materials for
which we have found less expensive sources or alternate materials. These changes are
accomplished by change order and are based on the original dollar amount submitted for
the building without the alternates. The alternates are then added to the base bid amount.
The changes in materials used include changes in the base bid and the alternates so that
the change from block to brick construction reduces the cost of both the building and the
storage building. This change to brick similarly reduces the cost of the fourth bay. A list
of the individual changes is provided in the change order and in the resolution.
The fire station committee has worked on these changes and recommends their approval.
The change order provides a contract total of $2,331,879, a reduction of $123,621 in the
original amount.
In addition to the reduced construction cost, the project architectural firm, Cannon Moss
Brygger & Assoc. has voluntarily reduced their fee from 7.75 % to 7.3%. Based on the
reduced cost figure in the change order, the fee reduction will save the City $10,493.45.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move 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 change order number one.
Sample Motion
Motion to approve change order number one.
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-170
WHEREAS, on April 11, 2006, by Resolution 2006-123, the City Council of the City of
Grand Island awarded Tri Valley Builders, Inc. of Grand Island, Nebraska, the bid for the construction of
Fire Station No. 1 at a base bid of $2,195,000 plus four alternates resulting in a total bid cost of
$2,455,500; and
WHEREAS, it is recommended that modifications to the work to be done by Tri Valley
Builders, Inc. are necessary; and
WHEREAS, such modifications have been incorporated into Change Order No. 1; and
WHEREAS, the result of such modification will decrease the contract amount by
$123,621.00 for a revised contract price of $2,331,879.00.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Mayor be, and hereby is, authorized and
directed to execute Change Order No. 1 between the City of Grand Island and Tri Valley Builders, Inc. of
Grand Island, Nebraska to provide the modifications set out as follows:
Delete colored concrete ........................................................................................................( 3,480.00)
Delete colored mortar, replace concrete block with face brick; water table deleted ......................( 93,136.00)
Replace High-R insulation with Simple Saver insulation in living quarters/office area....................( 4,250.00)
Delete waterproofing coat inside cavity wall............................................................................( 3,000.00)
Change 3" vent-top thermacal to 2-5/8"..................................................................................( 1,500.00)
Replace Raylite ceiling insulation with Thermax ceiling insulation in apparatus bays .....................( 3,520.00)
Change paint system in office area to enamel ..........................................................................( 2,500.00)
Change exterior finish material to face brick on Alternate No. 1.................................................( 4,835.00)
Change exterior finish material to face brick on Alternate No. 2.................................................( 7,400.00)
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item G19
#2006-171 - Approving Bid Award for Medical Physical Fitness
Testing
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Jim Rowell
City of Grand Island City Council
Council Agenda Memo
From: Jim Rowell, Fire Chief
Meeting: May 23, 2006
Subject: Physical Fitness Testing Contract
Item #’s: G-19
Presenter(s): Jim Rowell
Background
Request for bids for physical fitness testing for Grand Island Fire Department was published
April 29, 2006. Closing date was May 17, 2006.
Discussion
Requests for one a year contract were sent to five potential bidders. One bid was received and it is
within the estimate and funds are available in the budget account numbers 10022101-85160 and
10022102-85160. The one responsive bid was by Internal Medical Associates of Grand Island in
the amount of $24,628. This bid is from the previous provider of this testing and we have been
well satisfied with their performance in past years.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Move 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 bid award to Internal Medical
Associates of Grand Island.
Sample Motion
Motion to approve contract with Internal Medical Associates of Grand Island.
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, 2006 at 11:00 a.m.
FOR: Medical Physical Fitness Testing
DEPARTMENT: Fire
ESTIMATE: $33,000.00
FUND/ACCOUNT: 10022101-85160 and 10022102-85160
PUBLICATION DATE: April 29, 2006
NO. POTENTIAL BIDDERS: 5
SUMMARY
Bidder: Internal Medical Associates
Grand Island, NE
Exceptions: Noted
Bid Price: $24,628.00
cc: Jim Rowell, Fire Chief Chris Hoffman, Fire Admin. Assist.
Gary Greer, City Administrator Dale Shotkoski, Purchasing Agent
Laura Berthelsen, Legal Assistant
P1087
Approved as to Form ¤ ___________
May 17, 2006 ¤ City Attorney
R E S O L U T I O N 2006-171
WHEREAS, the City of Grand Island invited sealed bids for a Medical Physical Testing for
the Fire Department, according to specifications on file with the Fire Department; and
WHEREAS, on May 17, 2006, bids were received, opened and reviewed; and
WHEREAS, Internal Medical Associates of Grand Island, Nebraska, submitted a bid in
accordance with the terms of the advertisement of bids and specifications and all other statutory
requirements contained therein, such bid being in the amount of $24,628.00; and
WHEREAS, Internal Medical Associates' bid is less than the estimate for such testing.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Internal Medical Associates of Grand
Island, Nebraska, in the amount of $24,628.00 for medical physical testing is hereby approved as the
lowest responsible bid.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item H1
Approving Request of Verizon Wireless for Conditional Use
Permit for a 150' Telecommunications Tower Located at 13th
Street and Highway 281
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Steve Paustian
City of Grand Island City Council
Item H2
Consideration of Annexation of Property Located at 502 East
Capital Avenue (North of Capital Avenue and East of Burlington
Northern Railroad) and Refer to the Regional Planning
Commission
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Chad Nabity, AICP
Meeting: May 23, 2006
Subject: Annexation of property located at 502 E Capital Avenue, North
of Capital Avenue east of the BNSF Rail line.
Item #’s: H-2
Presenter(s): Chad Nabity, AICP Hall County Regional Planning Director
Background
A request has been received to consider annexation of property located at 502 E. Capital Avenue
north of Capital Avenue and east of the BNSF rail line. The owners of this property are
anticipating development of the property and requesting that the city bring it into the corporate
limits. This property is contiguous with the Grand Island Municipal limits.
Discussion
Nebraska Revised Statute §16-117 provides for the process of annexation the first step of which is
for the Mayor and City Council to refer the matter to the Regional Planning Commission for a
recommendation. This will be followed by the process as outlined in the attached
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Move 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 refer this item to the Hall County Regional
Planning Commission.
Sample Motion
Motion to refer this annexation request to the Regional Planning Commission for consideration
and recommendation.
Item I1
#2006-172 - Approving Recommended Essential Air Service (EAS)
Proposal
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: Gary Greer
City of Grand Island City Council
Council Agenda Memo
From: Gary D. Greer, City Administrator
Meeting: May 23, 2006
Subject: Essential Air Service Recommendation
Item #’s: I-1
Presenter(s): Mike Ols on, AAE Central Nebraska Regional Airport
Executive Director
Background
The Department of Transportation developed a program entitled Essential Air Service
(EAS) several years ago to assure that smaller rural communities would be provided with
passenger air service. The program provides subsidies to commercial air carriers to offset
the cost of offering such service in areas where ridership cannot be to the level to achieve
profitability. This program is intended to help small communities in economic
development, community development and population stabilization. Hall County has
benefited from this program over the last few years by assuring that the area continued
flight service for citizens and businesses.
Every two years the Department of Transportation asks for proposals from air carriers for
the various EAS communities for the continuation of air service. Over the last two
months proposals have been accepted and 11 proposals from 4 airlines were submitted
for the Central Nebraska Regional Airport. A summary of the proposals is attached for
City Council review.
Discussion
The Department of Transportation encourages public input into the process to secure
EAS providers. Over the last few weeks the Central Nebraska Regional Airport Board
has conducted several public meetings to seek input from citizens and businesses
concerning air service. Additionally, input from local governing bodies is sought to
strengthen the decision of which proposal is best for the community. Mike Olson,
Executive Director will be on hand to present the outcome of the extensive public
participation process and results of a recently completed air feasibility study for City
Council review. He will also present a recommendation from the Airport Authority Board
concerning the #1 and # 2 recommended option for the community.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve
2. Move to deny
Recommendation
City Administration recommends that the Council accept the recommendation of the Hall
County Airport Authority Board submitted by Big Sky Airlines and pass resolution
#2006-172 to authorize the Mayor to send a letter to the Department of Transportation
expressing support of such proposal.
Sample Motion
Motion to accept the recommendation of the Hall County Airport Authority Board
submitted by Big Sky Airlines or Billings, Montana and pass resolution #2006-172 to
authorize the Mayor to send a letter to the Department of Transportation expressing
support of such proposal.
Approved as to Form ¤ ___________
May 18, 2006 ¤ City Attorney
R E S O L U T I O N 2006-172
WHEREAS, the Central Nebraska Regional Airport has been working diligently to improve
the air service options available to central Nebraskans and to increase the number of enplanements from the
local airport; and
WHEREAS, the Department of Transportation is presently accepting recommendations until
May 25, 2006, to award a two-year contract for Essential Air Service; and
WHEREAS, on May 16, 2006, the Hall County Airport Authority Board approved a resolution
authorizing a recommendation to the Department of Transportation to allow Big Sky Airlines of Billings,
Montana to provide five (5) weekly round trip nonstop flights to Denver and thirteen (13) weekly round trip
nonstop flights to Kansas City, Missouri; and
WHEREAS, the recommendation would serve more passengers in central Nebraska, and
would be the best use of federal Essential Air Service subsidies; and
WHEREAS, the City of Grand Island supports the efforts to increase affordable, convenient
options for air travel for central Nebraska; and
WHEREAS, the Big Sky Airlines of Billings, Montana offers the best proposal with the goal
of reaching self sufficiency in a more timely manner from EAS; and
WHEREAS, increased air traffic to serve central Nebraska would be a valuable asset to the
community.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the Mayor and City Council of the City of Grand Island
hereby pledge their full support, endorsement, and cooperation with the efforts of the Hall County Airport
Authority in submitting a recommendation to the Department of Transportation seeking Essential Air Service
improvement funding to allow Big Sky Airlines of Billings, Montana to provide five (5) weekly round trip
nonstop flights to Denver and thirteen (13) weekly roundtrip nonstop flights to Kansas City, Missouri.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized to send a letter to the
Department of Transportation expressing support of such proposal.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 23, 2006.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
RaNae Edwards, City Clerk
Item J1
Approving Payment of Claims for the Period of May 10, 2006
through May 23, 2006
The Claims for the period of May 10, 2006 through May 23, 2006 for a total amount of
$2,922,205.63. A MOTION is in order.
Tuesday, May 23, 2006
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council