05-10-2011 City Council Regular Meeting PacketCity of Grand Island
Tuesday, May 10, 2011
Council Session Packet
City Council:Mayor:
Jay Vavricek
City Administrator:
Mary Lou Brown
City Clerk:
RaNae Edwards
T
u
7:00:00 PM
Council Chambers - City Hall
100 East First Street
Larry Carney
Linna Dee Donaldson
Scott Dugan
Randy Gard
John Gericke
Peg Gilbert
Chuck Haase
Mitchell Nickerson
Bob Niemann
Kirk Ramsey
Call to OrderCity of Grand Island City Council
A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS
Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda
Items form located at the Information Booth. If the issue can be handled administratively without Council action,
notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given.
B - RESERVE TIME TO SPEAK ON AGENDA ITEMS
This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak.
Please come forward, state your name and address, and the Agenda topic on which you will be speaking.
MAYOR COMMUNICATION
This is an opportunity for the Mayor to comment on current events, activities, and issues of interest to the community.
Call to Order
Pledge of Allegiance
Roll Call
Invocation - Pastor Mike Neely, Evangelical Free Church, 2609 South Blaine Street
This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act
in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state
law.
The City Council may vote to go into Closed Session on any agenda item as allowed by state law.
City of Grand Island City Council
Item C1
Recognition of Mike Davis, Public Works Traffic Signal
Technician for 20 Years of Service with the City of Grand Island
The Mayor and City Council will recognize Mike Davis, Traffic Signal Technician for the
Street Department in the Public Works Department for 20 Years of Service with the City of
Grand Island. Mr. Davis was hired on May 3, 1991 as a Utility Worker 1 for the Streets
Department; was promoted to Maintenance Worker I on June 30, 1992; Maintenance
Worker II on November 24, 1997; and to his current position of Traffic Signal Technician on
January 29, 2001. We congratulate Mr. Davis for his dedication and service to the City of
Grand Island.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Mayor Vavricek
City of Grand Island City Council
Item E1
Public Hearing on Request from Hy-Vee, Inc. dba Hy-Vee Grand
Island #1221, 115 Wilmar Avenue for a Catering Designation to
Class “C-79662” Liquor License
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: May 10, 2011
Subject: Public Hearing on Request from Hy-Vee, Inc. dba Hy-
Vee Grand Island #1221, 115 Wilmar Avenue for a
Catering Designation to Class “C-79662” Liquor License
Item #’s: E-1 & I-1
Presenter(s): RaNae Edwards, City Clerk
Background
Hy-Vee, Inc. dba Hy-Vee Grand Island #1221, 115 Wilmar Avenue has submitted an
application for a catering designation to their Class “C-79662” Liquor License. This
request would allow Hy-Vee to deliver, sell or dispense alcoholic liquors, including beer,
for consumption at a location designated on a Special Designated License (SDL).
Discussion
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk
and Health Departments.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve the application.
Sample Motion
Move to approve the application for a catering designation from Hy-Vee, Inc. dba Hy-
Vee Grand Island #1221, 115 Wilmar Avenue Liquor License “C-79662”.
C
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Faidley Ave W
Webb Rd NDiers Ave NU S H ighway 30 W
Claude RdWebb Rd SOld Potash Hwy W Piper StUS Highway 281 NUS Highway 281 SKennedy DrWilmar AveKaufman Ave
North Front St W
J o h n s on D rOld Highway 30 W
Island Cir
Fr ontage RdWeis DrOl
d Fai
r RdArlington Cir
Eisenhower DrRichmond Cir Johnson Pl
US Highway 30 W US Highway 281 SUS Highway 281 SUS Highway 30 W US Highway 281 Nµ
New Liquor Application115 Wilmar Ave
Legend
Liquor License Locations
115 Wilmar Ave
Item E2
Public Hearing on Request from Napoli LLC dba Napoli’s Italian,
3421 Conestoga Drive for a Class “I” Liquor License
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: May 10, 2011
Subject: Public Hearing on Request from Napoli LLC dba
Napoli’s Italian, 3421 Conestoga Drive for a Class “I”
Liquor License
Item #’s: E-2 & I-2
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Napoli LLC dba Napoli’s Italian, 3421 Conestoga Drive has submitted an application for
a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of spirits, wine
and beer on sale only inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Control
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
Also submitted with this application was a Liquor Manger Designation request from
Florim Ramadani, 3111 College, #34.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for Napoli LLC dba Napoli’s Italian, 3421 Conestoga
Drive for a Class “I” Liquor License contingent upon final inspections and Liquor
Manager designation for Florim Ramadani, 3111 College, #34 contingent upon Mr.
Ramadani completing a state approved alcohol server/seller training program.
I
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CC Webb Rd NDiers Ave N13th St W
State St W
US Highway 281 NAllen DrKennedy Dr18th St W
17th St W
16th St W
15th St W
14th St WAspen CirOverland DrWestside StLawrence LnCollege St
Dixie SqCedar Ridge CtConestoga DrIsle RdKennedy CirChantilly StCedar Ridge StUS Highway 281 Nµ
New Liquor Application3421 Conestoga Dr.
Legend
Liquor License Locations
3421 Conestoga Dr
05/04/11 Grand Island Police Department
450
15:34 LAW INCIDENT TABLE Page:
1
City : Grand Island
Occurred after : 09:51:57 04/21/2011
Occurred before : 09:51:57 04/21/2011
When reported : 09:51:57 04/21/2011
Date disposition declared : 04/21/2011
Incident number : L11042688
Primary incident number :
Incident nature :
Incident address : 3421 Conestoga Dr
State abbreviation : NE
ZIP Code : 68803
Contact or caller :
Complainant name number :
Area location code : PCID Police - CID
Received by : Vitera D
How received : T Telephone
Agency code : GIPD Grand Island Police Department
Responsible officer : Vitera D
Offense as Taken :
Offense as Observed :
Disposition : ACT Active
Misc. number : RaNae
Geobase address ID : 18361
Long-term call ID :
Clearance Code : CL Case Closed
Judicial Status : NCI Non-criminal Incident
= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =
= = =
INVOLVEMENTS:
Px Record # Date Description Relationship
-----------------------------------------------------------------------
-----
NM 165761 05/04/11 Mamaj, Genti Owner
NM 165762 05/04/11 Mehmeti, Syzane Florim's Wife
NM 164546 05/02/11 Ramadani, Florim Liquor Manager
LAW INCIDENT CIRCUMSTANCES:
Se Circu Circumstance code Miscellaneous
-- ----- ------------------------------ --------------------
1 LT21 Restaurant
LAW INCIDENT NARRATIVE:
I Received a Copy of a Liquor License Application from Napoli's Italian
Restaurant and a Copy of a Liquor Manager Application from Ramadani
Florim
LAW INCIDENT RESPONDERS DETAIL:
Se Responding offi Unit n Unit number
-- --------------- ------ ------------------------------
1 Vitera D 318 Vitera D
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LAW SUPPLEMENTAL NARRATIVE:
Seq Name Date
--- --------------- -------------------
1 Vitera D 09:16:06 05/04/2011
05/04/11 Grand Island Police Department
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318
Grand Island Police Department
Supplemental Report
Date, Time: Wed May 04 09:16:23 CDT 2011
Reporting Officer: Vitera
Unit- CID
I received a copy of a liquor license application from Genti Memaj for
Napoli's
Italian Restaurant. The restaurant is moving into the former Johnny
Casino/ Old
Chicago building. He is applying for a Class I License which is beer,
wine, and
distilled spirts on sale only. The application also includes a copy of a
liquor
manager application from Florim Ramadani and his wife, Suzanne Mehmeti
who
signed a spousal affidavit of nonparticipation.
In looking at the application, I noticed that Genti checked the "No" box
in the
area that asks for criminal convictions, yet he disclosed a DUI in New
Jersey
back in 2003. I also noticed that he is not borrowing any money to
establish or
operate the business. Genti listed his home address as 108 S. Locust.
There
are no residences in that block, and the attorney who helped him fill out
the
application has an office located at 108 N. Locust. Genti listed his
previous
home as being in South Orange, New Jersey from 1999 until 2011. He was
born in
Albania.
I checked Genti through Spillman and NCJIS and didn't locate any records.
I
checked for warrants and didn't find any. I checked his driver's license
status
in Nebraska, Kansas, and New Jersey. He has nothing on file in Nebraska
and
Kansas, and he has an expired license in New Jersey. ICE advised that he
is a
Naturalized U.S. Citizen. I searched Genti through Entersect (Police
online
intelligence database) and just found some rather insignificant civil
actions.
I also did a Google search on Genti and didn't find anything other than a
possible facebook page with no information.
I sent a request for a records check to South Orange, New Jersey and
learned
that the police department there only had three contacts with him. He
was a
victim of a hit and run accident on one contact, victim of a criminal
mischief
and theft from a vehicle on another, and the driver in a car accident.
Thinking I was sending a records check request to South Orange, I also
inadvertently contacted the Millburn, New Jersey Police Department. It
is a
neighboring town to South Orange. Millburn had no contact with Genti.
Since
Genti's proposed liquor manager, Florim Ramadani was also born in Albania
and
owns or has owned a Napoli's restaurant in Hays and Salina, Kansas, I
checked
Genti through those two jurisdictions, and they didn't have any record of
him.
After looking at Genti's liquor license application, I looked at Florim
Ramadani's liquor manager application. I noticed right away that in the
area
where it asks for where he has lived within the last ten years, he only
went
back three years. He stated that he lived in Salina, Kansas from 2008-
2010 and
Hays, Kansas from 2010-2011, and now lives in Grand Island. He was born
in
Albania. Florim has an entry in Spillman for a speeding warning on
3/15/11.
NCJIS shows that he has a warning for speeding in Buffalo County on
3/14/11. I
checked for warrants on Florim and didn't find any. He has a suspended
license
in New Jersey, he's not on file in Nebraska, but has a valid Kansas
license.
ICE advised that Florim is a Naturalized U.S. Citizen. I did records
checks
through law enforcement in South Orange, Mount Olive, and Millburn, New
Jersey,
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along with Salina and Hays, Kansas. At this time, I haven't heard back
from
Mount Olive. South Orange has no record of Florim, nor does Millburn.
Hays has
one contact with him where he was issued a warning for speeding. Salina
advised
that Florim was issued "several traffic tickets for speeding and expired
tags
between April and November of 2009."
I checked Florim through Entersect and found nothing but a possible
address in
Kansas. I did a Google search on him and found a possible facebook page.
The
page only had general information about favorite music, movies,
television
shows, and athletes.
After checking on Florim, I checked on his wife, Suzanne Mehmeti. I did
all of
the same checks on her that I did on Florim and Genti. I couldn't find
anything
on her except that ICE advised she is a lawful permanent resident alien
from
Sweden and spells her first name "Syzane."
On 5/4/11, I went to Napoli's and spoke to Florim and Genti. Florim
advised
that he lived in New Jersey from 1999 until 2008. Prior to that, he
lived
outside the U.S. I showed Florim the facebook that I printed. He said
that
wasn't his facebook account. He also said that he has had traffic
citations but
nothing criminal beyond that. Florim confirmed that he is a 50/50
partner with
Genti in the business. He will get 50% of all sales including alcohol.
Question six on the application asks, "Will any person or entity, other
than the
applicant, be entitled to a share of the profits of this business?" The
"No"
box was checked. Florim said he was overseas when Genti filled out the
application, but the "Yes" box should have been checked; and his name
should
have been listed. Florim also confirmed that he is part owner of a
Napoli's in
Hays, Kansas. He sold the Napoli's in Salina because the travel back and
forth
was too much. Since he moved to Grand Island, he is relying on his
partner to
run the Napoli's in Hays.
After speaking with Florim, I spoke with Genti. Genti said that he and
Florim
are cousins. Florim had told me that the two grew up together. Genti
advised
that he just moved to Grand Island two weeks ago and didn't have a G.I.
address
when his attorney filled out the application. He gave me the telephone
number
to the business along with his new address. He couldn't explain why the
"No"
box was checked where the application asks for criminal convictions other
than
to say that his attorney filled out the application. He also said that
he
doesn't have any other convictions other than traffic. He showed me a
valid New
York driver's license.
Genti agreed that Florim is a 50/50 partner as far as the food and
beverage
profits are concerned. He said he didn't have anything to do with
Florim's
Napoli's restaurant in Salina and Hays. Genti and Florim each told me
that they
are using Wells Fargo for their business account instead of Bank of
America, and
they are not borrowing any money to establish or operate the business.
Genti told me that I had the wrong facebook page for him. He gave me the
name
he uses for his facebook page. I looked at it at a later time and didn't
see
anything of interest. I discussed the civil actions located in
Entersect. He
didn't know what the smaller case was about but said the other cases
involved
his DUI arrest.
After speaking with Genti, I went to Florim's apartment and spoke to his
wife,
Syzane. She confirmed that she doesn't have a drive's license and has
only
lived in the U.S. for four years. She showed me her Resident Alien card
which
confirmed the spelling of her first name as Syzane instead of Suzanne.
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All in all, I didn't receive any information back from Mount Olive, New
Jersey,
but the other New Jersey checks and Kansas checks didn't reveal any
problems.
In fact, I spoke to law enforcement in Hays and Salina who each said that
they
weren't familiar with the applicants for law enforcement reasons, and
they
didn't have any problems at the restaurants.
From all the checks I ran, I don't see any problems with the applicants.
However, I can't run national criminal history checks for liquor license
investigations. If there are any problems in that regard, the State
should
catch it through records obtained from fingerprint identification. After
speaking with Genti and Florim and clarifying some issues on the
application, I
don't see why the application shouldn't be approved. The GIPD recommends
that
the council give local approval to Napoli's liquor license application
and
Florim Ramadani's liquor manager application.
Item E3
Public Hearing on Request from Alfredo Zamora-Gomez dba Las
Vegas Bar & Grill, 316 East 2nd Street for a Class “C” Liquor
License
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Council Agenda Memo
From: RaNae Edwards, City Clerk
Meeting: May 10, 2011
Subject: Public Hearing on Request from Alfredo Zamora-Gomez
dba Las Vegas Bar & Grill, 316 East 2nd Street for a
Class “C” Liquor License
Item #’s: E-3 & I-3
Presenter(s): RaNae Edwards, City Clerk
Background
Section 4-2 of the Grand Island City Code declares the intent of the City Council
regarding liquor licenses and the sale of alcohol.
Declared Legislative Intent
It is hereby declared to be the intent and purpose of the city council in adopting
and administering the provisions of this chapter:
(A) To express the community sentiment that the control of availability of alcoholic
liquor to the public in general and to minors in particular promotes the public
health, safety, and welfare;
(B) To encourage temperance in the consumption of alcoholic liquor by sound and
careful control and regulation of the sale and distribution thereof; and
(C) To ensure that the number of retail outlets and the manner in which they are
operated is such that they can be adequately policed by local law enforcement
agencies so that the abuse of alcohol and the occurrence of alcohol-related crimes
and offenses is kept to a minimum.
Discussion
Alfredo Zamora-Gomez dba Las Vegas Bar & Grill, 316 East 2nd Street has submitted an
application for a Class “C” Liquor License. A Class “C” Liquor License allows for the
sale of alcohol on and off sale inside the corporate limits of the city.
City Council action is required and forwarded to the Nebraska Liquor Cont rol
Commission for issuance of all licenses. This application has been reviewed by the Clerk,
Building, Fire, Health, and Police Departments.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the application.
2. Forward to the Nebraska Liquor Control Commission with no
recommendation.
3. Forward to the Nebraska Liquor Control Commission with recommendations.
4. Deny the application.
Recommendation
Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor
Licenses, City Administration recommends that the Council approve this application.
Sample Motion
Move to approve the application for Alfredo Zamora-Gomez dba Las Vegas Bar & Grill,
316 East 2nd Street for a Class “C” Liquor License contingent upon final inspections and
Mr. Zamora-Gomez completing a state approved alcohol server/seller training program.
C
C
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C
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C
C 4th St EO
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Pin
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Vine St SO
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Plum St SS
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1st St E2nd St E1st St W6th St E3rd St ELocust St S2nd St W7th St EVin
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Ashton Ave E
Elm
St S Pine St S3rd St W
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Charles St W
Charles St ESouth Front St E5th St E4th St W
Hansen St
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M e m o ria l D rUS Highway 30 E8th St ESouth Front St W
Groff St5th St W
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Plu
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Koenig St EU S H ighway 30 EPine St S5th St EKim
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New Liquor Application316 E 2nd St.
Legend
Liquor License Locations
316 E 2nd St
Item E4
Public Hearing on Amendments to Chapter 36 of the Grand Island
City Code Relative to Definitions, Yard Requirements, LLR Large
Lot Residential Zone, ME Industrial Estates, RD Residential
Development and Interpretation of Zoning Regulations
Tuesday, May 10, 2011
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 10, 2011
Subject: Changes to Chapter 36 (Zoning)
Item #’s: E-4 & F-1
Presenter(s): Chad Nabity, Regional Planning Director
Background
Concerning proposed amendments to Chapter 36 of the Grand Island City Code (Zoning)
in the following area: §36-08 Definitions, §36-22 Yard Requirements, §36-71 ME
Industrial Estates, §36-78 RD Residential Development including changes to Attachment
A (Matrix) as it applies to the RD zone, and the addition of §36-24 Interpretation of
These Regulations . (C-01-2011GI)
Discussion
The suggested changes are a result of a general review of possible changes to the zoning
regulations for the City of Grand Island conducted by the Planning Department and
Building Department in cooperation with the Planning Commission. Periodic review of
the regulations is consistent with good planning practice and the issues included are ones
that city staff has identified over the course of working with the regulations. These
proposed changes are designed to clarify issues and make administration of the
regulations easier for staff and clearer for the general public.
The proposed changes and the rationale behind each of the changes are attached to the
end of this memo.
The Planning Commission discussed these changes at their January meeting. They held a
public hearing concerning the changes at their April 6th meeting. No members of the
public spoke in favor or against the proposed changes. A motion was made by Eriksen
and seconded by Bredthauer to approve the amendments to Chapter 36 of the Grand
Island City Code. The motion carried with 9 members present and all voting in favor
(O’Neill, Ruge, Eriksen, Bredthauer, Reynolds, Haskins, Hayes, Connelly and
Snodgrass) and no members abstaining.
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 proposed changes as
recommended.
Sample Motion
Move to approve the proposed changes to Chapter 36 as recommended and shown in
Ordinance Number 9294.
For Discussion:
This item is brought to the planning commission for discussion based on a request from
the Grand Island Board of Adjustment. They recently granted a variance for a property
located at Davis Lake to modify the existing setback and allow a house to be built that
project 20 feet in front of the established set back. All of the houses were placed 60 feet
from the ROW and one has been allowed to build 40’ from the ROW. This resets the
established setback for those houses but does not address the underlying issue. The
general purpose of this type of regulation is to require a minimum conformity of setbacks
in a neighborhood or along a street. This means that each owner has similar visibility
from the front of the structure. The proposed change would impact all lots where the
frontage of the lot is 100 feet or greater. The width of the lot is a consideration because
on wider lots there is more space for visibility
36-22 front yard requirements LLR from 50ft to 30ft.
§36-22. Yard Requirements
(A) Yard requirements shall be set forth under the Schedule of Lot, Yard, and Bulk Requirements
for each zoning district. Front, side and rear yards shall be provided in accordance with the regulations
hereinafter indicated and shall be unobstructed from the ground level to the sky, except as herein permitted.
(B) All accessory buildings that are attached to principal buildings (e.g., attached garages) shall
comply with the yard requirements of the principal building, unless otherwise specified.
36-22 (C) Front Yard: There shall be a front yard setback as required herein, provided, that
where fifty percent or more of the frontage on one street in any block is built up with buildings,
no new building setback shall be less than either the required setback or the setback of any
existing building which next exceeds the required setback, whichever is greater. This regulation
shall not require a setback of more than 50 feet, and in blocks where the lots have a street
frontage of 100 feet or more the regulation shall not require a setback of more than 30 feet.
(D) Side Yard: Any interior side yard may be reduced to zero; provided, that the opposite side
yard meets the required interior side yard setback. Where the zero side yard setback is used, the abutting
property must be held under the same ownership at the time of initial construction or the owners of the
abutting property must be agreeable to the zero setback. A separation of not less than ten (10) feet shall be
provided between adjacent structures on abutting sites where the zero side yard setback is utilized. This
requirement shall not apply in an RD Zone or where the same interior property line is utilized for zero side
yard construction on both properties.
For the purpose of upkeep and repair of structures located on an interior property line, a four (4)
foot maintenance easement shall be recorded between the owner of the property containing said structure
and the owner of the property upon which entry must take place in order to perform maintenance activities.
Such easement shall be an irrevocable covenant and shall run with the land. Proof of said recorded
easement shall be submitted to the Building Department prior to issuance of a building permit.
Amended by Ordinance No. 8947, effective 1-5-2005
For Discussion:
The ME zone allows many uses with trucks and trailer but does not specifically allow
Bus, Truck and Trailer Storage. The proposed changes would specify that as an allowed
use. This would also be added to the Matrix. The ME zone was approved with
landscaping requirements prior to the adoptio n of the landscaping regulations. Removing
the language that allows 2 years for landscaping in the ME zone would make it consistent
with the regulations in all other zoning districts.
§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
bulk propane tanks not to exceed 70,000 gallons and when such tanks are installed to provide a source of
heat for a building on the lot.
(3) Bus Garaging and Equipment Maintenance, Truck and Trailer Storage, Motor Freight
Terminals
(4) Other uses found in the Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject
to other conditions relating to the placement of said use on a specific tract of ground in the (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.
(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 unassembled 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.
Amended by Ordinance No. 9047, effective 6-7-2006
Amended by Ordinance No. 9154, effective 1-8-2008
For Discussion:
Changes to allow retirement living specifically in the RD zone was discussed during the
2004 update to the comprehensive plan and zoning regulations. It was not specifically
added. It is allowed in the R4 zoning district so would be allowed in the RD but these
changes and the subsequent changes to the Matrix. The RD zone was not included in the
Matrix and has been added to the Matrix as attached.
36-78 RD – Residential assisted living, retirement or assisted living would be allowed as
approved conditional use. Would be part of the RD approved through Planning or
Council.
§36-78. (RD) Residential Development Zone
(A) Intent: The intent of this zoning district is to permit a more flexible regulation of land use, and so as to
more fully implement comprehensive planning for large parcels of land proposed predominantly for
residential use.
(B) Boundaries: The boundaries of RD-Residential Development Zone shall be fixed by amendment of
the Official Zoning Map at such times in the future as such zoning district is applied to properties within
the City's zoning jurisdiction.
(C) Limitations:
(1) In a (RD) Residential Development Zone there shall be provided a minimum size of 1.5 acres.
(2) Any proposed development shall be constructed in accordance with an overall plan of
development.
(3) Any proposed plan of development shall be designed as a single architectural scheme with
appropriate common landscaping.
(4) Adequate parking space shall be provided for all residential units and for all employee's, visitor's,
and user's vehicles, and such parking, loading, or service areas that shall be used for motor vehicles,
and shall be located within the boundary lines of the (RD) Residential Development Zone, and shall be
physically separated from any public street, right-of-way, or property line by a buffer strip of not less
than 30 feet.
(5) No residential building or other permanent residential structure, nor parking lot, shall be located
within 30 feet of any public street, right-of-way, or property line.
(6) The maximum ground coverage shall not exceed 30 percent of the property within the (RD)
Residential Development Zone.
(7) The minimum off-street parking requirement shall be two parking spaces for every dwelling unit,
plus one for each full-time employee.
(8) In the alternative to complying with the 30 foot buffer strip or setback as identified in subsections
(4) and (5) above, a ten (10) foot wide landscaped screen compliant with the installation requirements
of Section 36-102 shall be followed.
(D) Ownership: A (RD) Residential Development Zone shall require a tract of land which is developed as
a unit under single designated control by a common ownership at the time it is certified as an (RD)
Residential Development Zone.
(E) Permitted Principal Uses: The following principal uses are permitted in the (RD) Residential
Development Zone.
(1) Uses as listed under permitted principal uses of the (TA) Transitional Agricultural Zone, (R-1)
Suburban Residential Zone, (R-2) Low Density Residential Zone, (R-3) Medium Density Residential
Zone, and (R-4) High Density Residential Zone except as listed under specifically excluded uses.
(2) Nonprofit community buildings and social welfare establishments other than those providing living
accommodations.
(3) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(F) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are
subject to other conditions relating to the placement of said use on a specific tract of ground in the (RD)
Residential Development Zone as approved by City Council.
(1) Towers
(2) Nursing, convalescent & rest home services
(3) Residential assisted living, retirement or assisted living
(4) All other Conditional Uses indicated as permitted within the Zoning Matrix [Attachment A
hereto]
(G) Permitted Accessory Uses :
(1) Buildings and uses accessory to the permitted principal use
(H) Specifically Excluded Uses:
(1) Railway right-of-way, including railway yards or facilities.
(2) Truck, bush, and tree farming.
(3) Boarding and lodging housing, fraternity and sorority houses.
(4) Nonprofit community buildings and social welfare establishments providing living
accommodations.
(5) Nonresidential uses.
(I) Procedure:
(1) An application to establish a (RD) Residential Development Zone shall be initiated in the manner
prescribed in Article X of this chapter.
(2) Said application shall be filed with the city clerk in such form as shall be required by the city
council and shall be accompanied by the following information:
(a) Site plan showing preliminary location and dimensions of all building areas, recreation, green
or landscaped areas, parking and loading facilities, walkways or malls, screen walls, or plantings,
waste disposal areas, illumination facilities, signs, curb cuts, utilities and services, private or
dedicated drives or streets, etc.
(b) Preliminary drawings or renderings in sufficient detail so that the character of the development
may be determined.
(c) Evidence as to the methods of retaining, maintaining, and protecting the open space, green
areas, recreational facilities, etc.
(d) Development schedule as to construction phases of buildings, open space, recreational areas,
parking facilities, etc., and estimated completion time.
(e) Evidence of ownership or control of the entire parcel to be used as a planned unit development
by a single person, association, firm, etc., as defined herein.
(f) Evidence of economic feasibility. A copy of such application and supplementary information
shall then be forwarded by the city clerk to the Planning Commission for review, hearing, and
recommendation.
(3) In reviewing the application for amendment herein, the Planning Commission shall determine the
following factors.
(a) That the proposed development will be in the public interest, in harmony with the purpose of
this chapter and with comprehensive plans for the City, and will not adversely affect nearby
property.
(b) That adequate, safe, and convenient pedestrian and vehicular trafficways and facilities are
provided.
(c) That the development to be permitted shall be for the purpose of developing an integrated site
plan in conformity with the regulations for a (RD) Residential Development Zone.
(4) The Planning Commission shall hold a public hearing on the proposed amendment and shall
transmit its recommendation to the city council. A copy of the recommendation shall be sent to the
applicant and one copy shall be retained in the permanent files of the Planning Commission.
(5) Procedure and action by the city council shall be the same in considering an amendment to the
(RD) Residential Development Zone as in Article X of this chapter.
(J) Miscellaneous Provisions:
(1) It is intended that plans required for review and approval must be in a form that will satisfy the
requirements of Chapter 33 of this code for both the preliminary and final plat, and that approval for
plans and plats be considered simultaneously.
(2) The approved and filed final plan and plat shall be the basis for issuance of a building permit in
conformity therewith. Plan changes which increase the number of buildings, increase building height
or bulk, or change the location of buildings or other features which materially affect the basic design of
the development shall require resubmission of the amendment. Minor adjustments in orientation,
height or bulk of buildings, or decrease in the number of buildings may be approved by the Planning
Director.
(3) Should any successful applicant for an amendment hereunder fail to have completed the
construction of the footings and foundations for the initial building permit within eighteen (18) months
after the city council shall approve a rezoning to a (RD) Residential Development Zone, the area in its
entirety shall be reverted to its former zoning classification by appropriate action of the city council,
provided, that the city council shall have the power to extend said period by six months in the event of
special and unique hardships and circumstances.
(4) Control of the development following completion:
(a) The chief building official shall issue a certificate certifying the completion of the planned
development, and shall note the issuance of the certificate on the final development plan.
(b) After the certificate of completion has been issued, the use of land and the construction,
modification, or alteration of any buildings or structures within the residential development will be
governed by the approved final development plan exclusively.
(c) After the certificate of completion has been issued, no changes may be made in the approved
final development plan except upon application to the appropriate agency under the procedures
provided below.
(i) Any minor extensions, alterations, or modifications of existing buildings or structures
may be authorized by the Planning Director if they are consistent with the purposes and intent
of the final plan. No change authorized by this subsection may increase the density of any
building or structure by more than ten percent.
(ii) A building or structure that is totally or substantially destroyed may be reconstructed
only in compliance with the final development plan unless an amendment to the final
development plan is approved under subsection (iii) hereof.
(iii) All other changes in the final development plan as approved by the city council must be
made by the city council under the procedures authorized under Article X of this chapter. No
changes may be made in the final development plan unless they are found by the city council
to be required for the continued successful functioning of the residential development, or
unless they are found by the city council to be required by changes in conditions that have
occurred since the final plan was approved or by changes in the comprehensive planning and
development policy of the City.
Amended by Ordinance No. 8976, effective 06-08-2005
RD
Land Use Categories
Agricultural operations P
Artists - painters, sculptors, composers, & authors P
Athletic field or playfield P
Bed and breakfast residence P
Churches , synagogues & temples P
Convents P
Country club (Accessory to another use eg. Golf course) P
Dormitories, college P
Dwelling, multi-family P
Dwelling, single-family P
Dwelling, two-family P
Electricity regulating substations P
Farms, commercial forestry P
Farms, fiber crops P
Farms, fruits, nuts or vegetables P
Farms, grain crops P
Farms, hay & alfalfa P
Fraternity & sorority houses P
Golf courses, public P
Group care home P
Libraries P
Manufactured homes on permanent foundation P
Monasteries P
Orphanages P
Parks, public P
Petroleum pipeline R/W P
Play lot or tot lot P
Playfields & athletic fields P
Playgrounds P
Private clubs P
Railroad right-of-way P
Rectories P
Schools, pre-primary P
Schools, primary P
Schools, professional P
Sorority & fraternity houses P
Synagogues, churches, & temples P
Temples, churches, & synagogues P
Tot lot or play lot P
Utility substations, pumping station, water reservoir & telephone exchange P
Wind energy installation (micro/small) P
Convalescent, Nursing & rest home services C
Day care centers C
Farms, nursery stock C
Nursing, convalescent & rest home services C
Radio transmitting stations & towers C
Residential assisted living, retirement or assisted living C
Rest, nursing, & convalescent home services C
Retirement homes C
Telephone relay towers (microwave) C
Television transmitting stations & relay towers C
For Discussion:
The current definition of a principal building does not allow for individual buildings on a
single lot using shared services if all of the buildings are used for the same principal use.
An example where this might happen is a strip commercial center. There could be
several buildings located on a single lot all containing office/retail space. If these
buildings were to share an electrical and sewer service this would allow for better
utilization of the property in many cases and would encourage building owners to alter
the placement of the buildings from a single line of shops/offices.
36-8 Definitions
Building shall mean any structure built and maintained for the support, shelter or enclosure of
persons, animals, chattels, or property of any kind, but shall not include temporary buildings as defined in
"Structure, Temporary". Operable and licensed trailers, with wheels, shall not be considered as buildings.
Building Accessory shall mean any detached subordinate building that serves a function
customarily incidental to that of the main building or main use of the premises. Customary accessory
building includes farm buildings, garages, carports, and small storage sheds.
Building, Area of shall mean the sum in square feet of the ground areas occupied by all buildings
and structures on a lot.
Building Code shall mean the various codes of the City that regulate construction and requires
building permits, electrical permits, mechanical permits, plumbing permits, and other permits to do work
regulated by the adopted building code of the City, and other codes adopted by the City that pertain to
building construction.
Building, Height shall mean the vertical distance measured from the centerline of the improved
street to the highest point of a roof surface, if a flat roof, to the deck line of mansard roofs, and to the mean
height level between eaves and ridge for gable, hip, and gambrel roofs. Building Inspector shall mean the building inspectors for the City of Grand Island, Nebraska.
Building Principal shall mean a building within which the main or primary use on the lot or
premises is located and which is supplied with the main electric and/or sewer utility connections. (Also, see
Use, Principal.)
For Discussion:
The current code does not have any provisions explaining who has authority or granting
authority to any individuals within the city for the interpretation of the zoning
regulations. Zoning regulations have to be interpreted in order to be enforced. One of
the powers of the Board of Adjustment is to determine if an administrative official has
made a correct decision in interpreting the regulations so it s obvious that the State
recognizes that someone needs to interpret the regulations. The Building Codes have a
section that defines who will make those interpretations and gives guidance regarding
how those should be made. The proposed language has been modified from the building
code and is recommended as an addition to the Grand Island Zoning Regulations. This
provision is consistent with the practice that has been in place between the Hall County
Regional Planning Department and the Grand Island Building Department.
36-24 Interpretation of These Regulations
The planning director and chief building official together are hereby authorized and
directed to enforce the provisions of this code. The planning director and building
official together shall have the authority to render interpretations of this code to
adopt policies and procedures in order to clarify the application of its provisions.
Such interpretations, policies and procedures shall be in compliance with the intent
and purpose of this code. Such policies and procedures shall not have the effect of
waiving requirements specifically provided for in this code.
Item E5
Public Hearing on the Semi-Annual Report by the Citizens’ Review
Committee on the Economic Development Program Plan.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Mark Stelk, Chairman
City of Grand Island City Council
Council Agenda Memo
From: Mary Lou Brown, City Administrator
Meeting: May 10, 2011
Subject: Public Hearing Concerning the Semi-Annual Report by
the Citizen’s Review Committee on the Economic
Development Program Plan
Item #’s: E-5 & G-3
Presenter(s): Mary Lou Brown, City Administrator
Mark Stelk, Chairman,
Citizen’s Advisory Review Committee
Background
The voters of the City of Grand Island approved an economic development plan at the
May 6, 2003 election. Subsequent to the election, the City has adopted an ordinance that
establishes the economic development plan and a Citizens’ Advisory Review Committee
to oversee the process of approving applications for economic development incentives.
The Citizens’ Advisory Review Committee is required by State Statute and the Grand
Island City Code to make a semi-annual report to the City Council.
Discussion
The Citizens Advisory Review Committee has been conducting regular meetings during
the last six months as required by the City Code and the Nebraska Statutes. The
committee looks forward to receiving and reviewing meritorious applications for
consideration in the future. The committee received the semi-annual report from the
Economic Development Corporation at its meeting of April 26, 2011, and voted to
forward it on to the City Council for its review and acceptance.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Accept the semi-annual report of the Citizens’ Advisory Review Committee.
2. Do not accept the semi-annual report of the Citizens’ Advisory Review
Committee.
Recommendation
City Administration recommends that the Council accept the semi-annual report of the
Citizens’ Advisory Review Committee.
Sample Motion
Move to accept the semi-annual report of the Citizens’ Advisory Review Committee.
growth of quality jobs.
ndndLB-840 Projects Continued
Dr. Harrison CassG.I. Public Schools
Item E6
Public Hearing Concerning Acquisition of Utility Easement - One
Half mile South of Wildwood Drive, West of South Locust Street,
on the North side of the Platte River (Schnase Farms, LLC)
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Council Agenda Memo
From: Robert H. Smith, Asst. Utilities Director
Meeting: May 10, 2011
Subject: Acquisition of Utility Easement – Schnase Farms – ½ mile
south of Wildwood Drive, west of South Locust Street, on
the North side of the Platte River
Item #’s: E-6 & G-5
Presenter(s): Timothy Luchsinger, Utilities Director
Background
Nebraska State Law requires that acquisition of property must be approved by City Council.
The Utilities Department needs to acquire an easement relative to the property of Schnase
Farms, LLC, located one-half mile south of Wildwood Drive, west of South Locust Street, on
the north side of the Platte River, in Hall County, in order to have access to install, upgrade,
maintain, and repair power appurtenances, including lines and transformers.
Discussion
This easement will be used to install underground cable, conduit, and a pad-mounted
transformer to provide electrical service to a new home to be constructed at the site.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Make a motion to approve
2. Refer the issue to a Committee
3. Postpone the issue to future date
4. Take no action on the issue
Recommendation
City Administration recommends that the Council approve the resolution for the acquisition
of the easement for one dollar ($1.00).
Sample Motion
Move to approve acquisition of the Utility Easement.
Item E7
Public Hearing for 2010-2011 Community Revitalization CDBG
Phase 2 Application
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development Administrator
Council Meeting: May 10, 2011
Subject: Public Hearing on Community Revitalization Phase 2
Block Grant Application
Item #: E-7 & G-8
Presenter(s): Joni Kuzma, Community Development
Background
In 2005, the Nebraska Department of Economic Development (NDED) developed a Community
Revitalization program to utilize Community Development Block Grant (CDBG) funds in eight
Nebraska municipalities with populations between 20,000 and 49,999. The program allocates
grant funds over a multi-year period to meet locally identified needs that are CDBG eligible. In
November 2009, the 2005 Comprehensive Needs Assessment and Revitalization Strategy was
updated and a 3-year action plan developed through 2013.
Phase 1 of the Action Plan was funded in March 2010 for $257,794 and a Supplemental Grant of
$229,401 was received in October 2010. A Phase 2 application is due May 17, 2011 and requires
a public hearing prior to submission of an application to the Nebraska Department of Economic
Development to solicit public comment and input into the proposed project and grant application.
A legal notice was published in the May 3, 2011 Grand Island Independent with notice of this
council meeting and contact information for written comments.
Discussion
For Phase 2 Community Revitalization, the City is applying for a grant to carry out the third
phase of a Comprehensive Revitalization Strategy for a selected low-to-moderate income area of
Grand Island. The request includes grant funds of about $227,750 for rehabilitation of up to 9
owner-occupied homes and amount not to exceed 8% (about $21,690) for General
Administration and 8% ($21,690) for Housing Administration. The City will provide the 1:1
matching funds through eligible public works, utilities, Community Redevelopment Authority
and community development projects. The project would begin July 2011 to be completed
approximately the end of August 2012.
ALTERNATIVES
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve the Community Revitalization Phase 2 application and authorize the Mayor
to sign all related documents
2. Refer the issue to a Committee.
3. Postpone the issue to a later date.
Recommendation
City Administration recommends that Council approve the Community Revitalization Phase 2
application and authorize the Mayor to sign all related documents.
Sample Motion
Move to approve the Community Revitalization Phase 2 application and authorize the Mayor to
sign all related documents
*Please run the following legal notice in the legal section of the Grand Island
Independent on Tuesday, May 3, 2011.
The Affidavit of Publication may be sent to:
Joni Kuzma
Community Development Division
P. O. Box 1968
Grand Island, NE 68802
------------------------------------------------------------------------------------------------------
NOTICE OF PUBLIC HEARING ON APPLICATION FOR
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
Notice is hereby given, that on May 10, 2011 in the City Council Chambers of City Hall,
the City of Grand Island will hold a public hearing concerning an application to the
Department of Economic Development for a Community Development Block Grant. The
grant is available to local governments for community development activities.
The City of Grand Island is requesting a $271,130 grant to carry out Phase 2 of a
Comprehensive Revitalization Strategy for a selected low-to-moderate income area of
Grand Island. The request includes grant funds up to $227,750 for rehabilitation of up to
9 owner-occupied homes and an amount not to exceed 8% ($21,690) for General
Administration and 8% ($21,690) for Housing Administration. The City will provide a
minimum of $227,750 in matching funds for eligible projects.
100% of the total amount of requested CDBG funds, with the exception of General
Administration will be used to benefit low and moderate income people; there will be no
displacement of people as a result of these CDBG activities.
The grant application will be available for public inspection at the Community
Development Office, which is located on the 2nd floor of City Hall. All interested parties
are invited to attend this public hearing at which time you will have an opportunity to be
heard regarding the grant application. Written testimony will also be accepted at the
public hearing scheduled for 7:00 p.m. on May 10, 2011 in the City Council Chambers.
Written comments addressed to Joni Kuzma, Community Development Division, P. O.
Box 1968, Grand Island, NE 68802, will be accepted if postmarked on or before May 9,
2011.
Individuals requiring physical or sensory accommodations including interpreter service,
braille, large print or recorded materials, please contact RaNae Edwards, City Clerk, 308-
385-5444, Ext. 111 no later than May 9, 2011.
Joni Kuzma
Community Development Administrator
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Item F1
#9294 - Consideration of Amendments to Chapter 36 of the Grand
Island City Code Relative to Definitions, Yard Requirements, LLR
Large Lot Residential Zone, ME Industrial Estates, RD Residential
Development and Interpretation of Zoning Regulations
This item relates to the aforementioned Public Hearing Item E-4.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
ORDINANCE NO. 9294
An ordinance to amend Chapter 36 of the Grand Island City Code; to add
subsections to Section 36-8; to amend Section 36-8, specifically to amend the definition of
Building Principal; to amend Section 36-22, pertaining to side yard requirements; to add Section
36-24, pertaining to the interpretation of the zoning regulations; to amend Section 36-71,
pertaining to the ME Industrial Estates Zone; and to amend Section 36-78, pertaining to
Residential Development Zone; to repeal Sections 36-8; 36-22; 36-24; 36-71; and 36-78 as now
existing, and any ordinance or parts of ordinances in conflict herewith; and to provide for
publication and the effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 36-8 of the Grand Island City Code is hereby amended to
read as follows:
§36-8. Definitions
(A)
Abandonment shall mean to cease or discontinue a use or activity without intent to resume as
distinguished from short term interruptions such as during periods of remodeling, maintenance, or normal periods of
vacation or seasonal closure. Abut, Abutting shall mean to border on, being contiguous with or have property or district lines in
common, including property separated by an alley. Access or Access Way shall mean the place, means, or way by which pedestrians and vehicles shall have
safe, adequate and usable ingress and egress to a property or use as required by this chapter.
Accessory Building (see Building, accessory)
Accessory Living Quarters shall mean living quarters within an accessory building located on the same
premises with the main building, for use by temporary guests of the occupant of the premises, such quarters having
no kitchen facilities and not rented or otherwise used as a separate dwelling unit.
Accessory Structure shall mean a detached subordinate structure located on the same lot with the principal
structure, the use of which is incidental and accessory to that of the principal structure.
Accessory Use shall mean a use incidental, related, appropriate and clearly subordinate to the main use of
the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in
the district.
Acreage shall mean any tract or parcel of land which does not qualify as a farm or development.
Adjacent shall mean near, close, or abutting; for example, an Industrial District across the street or
highway from a Residential District shall be considered as "Adjacent".
Adult Cabaret shall mean cabaret that features go-go dancers, exotic dancers, strippers, male or female
impersonators, or similar entertainers.
Adult Companionship Establishment shall mean an establishment which provides the service of
engaging in or listening to conversation, talk or discussion between an employee of the establishment and a
ORDINANCE NO. 9294 (Cont.)
- 2 -
customer, if such service is distinguished or characterized by an emphasis on "specified sexual activities" or
"specified anatomical areas."
Adult Establishment shall mean any business which offers its patrons services or entertainment
characterized by an emphasis on matters depicting, exposing, describing, discussing or relating to "specified sexual
activities" or "specified anatomical areas," including, but without limitat ion, to adult bookstores, adult motion
picture theaters, saunas, adult companionship establishments, adult health clubs, adult cabarets, adult novelty
businesses, adult motion picture arcades, adult modeling studios, adult hotel or motel, and adult body painting
studios.
Adult Hotel or Motel shall mean a hotel or motel from which minors are specifically excluded from
patronage and wherein material is presented which is distinguished or characterized by an emphasis on matter
depicting, describing or relating to "specified sexual activities" or "specified anatomical areas." Adult Massage Parlor, Health Club shall mean a massage parlor or health club which restricts minors by
reason of age, and which provides the services of massage, if such service is distinguished or characterized by an
emphasis on "specified sexual activities" or "specified anatomical areas."
Adult Mini-Motion Picture Theater shall mean a business within an enclosed building with a capacity for
less than 50 persons used for presenting visual-media material if such business as a prevailing practice excludes
minors by virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or
description of "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
Adult Motion Picture Arcade shall mean any place to which the public is permitted or invited wherein
coin or slug-operated or electronically, electrically or mechanically controlled still or motor picture machines,
projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at
any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or
describing "specified sexual activities" or "specified anatomical areas."
Adult Motion Picture Theaters shall mean a business within an enclosed building with a capacity of 50 or
more persons used for presenting visual media material if said business as a prevailing practice excludes minors by
virtue of age, or if said material is distinguished or characterized by an emphasis on the depiction or description of
"specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
Adult Novelty Business shall mean a business which has as a principal activity the sale of devices which
simulate human genitals or devices, which are designed for sexual stimulation.
Adult Sauna shall mean a sauna which excludes minors by reason of age, or which provides a steam bath
or heat bathing room used for the purpose of bathing, relaxation, or reducing, utilizing steam or hot air as a cleaning,
relaxing or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas."
Aesthetic Zoning shall mean zoning to accomplish a standard of exterior architectural appeal and/or neighborhood harmony.
Agricultural and Farm Buildings and Structures shall mean any building or structure which is necessary
or incidental to the normal conduct of a farm including but not limited to residence of the operator, residence of
hired men, barns, buildings and sheds for housing livestock, poultry and farm machinery, buildings for the storage or
shelter of grain, hay and other crops, silos, windmills and water storage tanks.
Agricultural Operations (see “Farming”)
Agriculture shall mean the use of land for agricultural purposes, of obtaining a profit by raising,
harvesting, and selling crops or by the feeding, breeding, management, and sale of, or the produce of, livestock,
poultry, fur-bearing animals, or honeybees, or for dairying and the sale of dairy products, or any other agricultural or
horticultural use. Agricultural use shall not be construed to include any parcel of land of less than twenty acres or
any non-agricultural commercial or industrial development.
Airport shall mean any area which is used or is intended to be used for the taking off and landing of
aircraft, including helicopters, and any appurtenant areas which are used or are intended to be used for airport
buildings or facilities, including open spaces, taxiways, and tie-down areas.
Airport Hazard Zone consists of Operation Zones, Approach Zones, Turning Zones and Transition Zones.
The outer boundary of the Hazard Zone is composed of a series of connected tangents and simple curves that also
constitute the outer boundaries of the Approach and Turning Zones.
Alley shall mean a minor public service street or public thoroughfare 20 feet or less in width, through a
block of lots primarily for vehicular service access to the rear or side of properties otherwise abutting on another
street and to provide access to utility services located therein. Buildings facing an alley shall not be construed as
satisfying the requirements of this chapter related to frontage on a dedicated street.
ORDINANCE NO. 9294 (Cont.)
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Alteration shall mean any change, addition or modification in construction or occupancy of an existing
structure.
Alteration, Structural (see Structural alteration)
Amendment shall mean a change in the wording, context, or substance of this chapter, an addition or
deletion or a change in the district boundaries or classifications upon the zoning map.
Amusement Arcade shall mean a building or a part of a building where five or more pinball machines,
video games, or other similar player-orientated amusement devices are available and are maintained for use.
Amusement Park shall mean a facility, primarily outdoors, that may include structures and buildings,
where there are various devices for entertainment, including rides, booths for the conduct of games or sale of items,
buildings for shows and entertainment, and restaurants and souvenir sales.
Animal Hospital shall mean a place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use as a kennel shall be limited to short-time boarding and shall be only
incidental to such hospital use.
Animals, Domestic (see Household pet)
Animal Unit (see Livestock Feeding Operation)
Animals, Farm shall mean livestock associated with agricultural operation, commonly kept or raised as a
part of a agricultural operation including but not limited to horses, cattle, sheep, swine, goats, chickens and turkeys.
Antenna see definition in §36-169 of this chapter.
Antique Shops shall mean a place offering primarily antiques for sale. An antique for the purpose of this
chapter shall be a work of art, piece of furniture, decorative object, or the like, of belonging to the past, at least 30
years old.
Apartment shall mean a room or a suite of rooms within an apartment house or multiple family dwelling
arranged, intended or designed for a place of residence of a single family or group of individuals living together as a
single housekeeping unit. (Also, see Dwelling Unit.)
Apartment House (see Dwelling, multiple family)
Appearance shall mean the outward aspect visible to the public.
Appropriate shall mean the sympathetic, or fitting, to the context of the site and the whole community.
Appurtenances shall mean the visible, functional objects accessory to and part of buildings.
Architectural Character see Architectural Concept
Architectural concept shall mean the basic aesthetic idea of a building, or group of buildings or structures,
including the site and landscape development that produces the architectural character.
Architectural feature shall mean a prominent or significant part or element of a building, structure, or site. Architectural features may include special lines, massing, and/or texture.
(A) Lines shall mean visual elements of the building, either within the façade or on the building edge, which are in a linear form either horizontally or vertically and may be composed of masonry, glass, or other
related materials.
(B) Mass shall pertain to the volume, bulk of a building or structure.
(C) Texture shall mean the quality of a surface, ranging from mirror finish, smooth, to coarse and
unfinished.
Architectural style shall mean the characteristic form and detail, as of buildings of a particular historic
period.
Artisan Production Shop shall mean a building or portion thereof used for the creation of original
handmade works of art or craft items by more than three but less than six artists or artisans, as either a principal or
accessory use.
Artist Studio shall mean a place designed to be used, or used as, both a dwelling place and a place of work
by an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine
arts such as, but not limited to, drawing, vocal or instrumental music, painting, sculpture, and writing.
Attached Permanently shall mean attached to real estate in such a way as to require dismantling, cutting
away, unbolting from permanent foundation or structural change in such structure in order to relocate it to another
site.
Attractive shall mean having qualities that arouse interest and pleasure in the observer.
Automatic Teller Machine (ATM) shall mean an automated device that performs banking or financial
functions at a location remote from the controlling financial institution.
Automobile Wrecking Yard see Salvage Yard as defined herein.
(B)
ORDINANCE NO. 9294 (Cont.)
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Ballroom shall mean a place or hall used for dancing, other than those listed under the definition of “Adult
Cabaret”. Ballrooms may also be used for reunions, weddings and receptions.
Bar shall mean any establishment whose principal business is serving alcoholic beverages at retail for
consumption on the premises. (Also, see Nightclub.)
Beacon shall mean any light with one or more beams directed into the atmosphere or directed at one or
more points not on the same zone lot as the light source; also, any light with one or more beams that rotate or move.
Bed and Breakfast Inn shall mean a house, or portion thereof, where short -term lodging rooms and meals
are provided. The operator of the inn shall live on the premises.
Bedroom shall mean a room within a dwelling unit planned and intended for sleeping, separable from other
rooms by a door or doorway.
Berm shall mean a raised form of earth to provide screening or to improve the aesthetic character. Best Interests of Community shall mean interests of the community at large and not interest of the
immediate neighborhood.
Billboard shall mean an outdoor advertisement sign which directs attention to a business commodity,
service, or entertainment conducted, sold, or offered elsewhere than upon the premises where such sign is located or
to which it is affixed.
Block shall mean a parcel of land platted into lots and bounded by public streets or by waterways, right-of-
ways, unplatted land, City-County boundaries, or adjoining property lines.
Block Frontage shall mean that section of a block fronting on a street between two intersecting streets or
other block boundary.
Board of Adjustment shall mean that board that has been created by the city and which has the statutory
authority to hear and determine appeals, interpretations of, and variances to the zoning regulations.
Boarding or Rooming House shall mean a building containing a single dwelling unit and provisions for
not more than five (5) guests, where lodging is provided with or without meals for compensation.
Brew-on Premises Store shall mean a facility that provides the ingredients and equipment for a customer
to use to brew malt liquor at the store. Brew-on-premises stores do not include the sale of intoxicating liquor, unless
the owner of the brew-on-premises store holds the appropriate liquor license.
Brew Pub shall mean a restaurant or hotel which includes the brewing of beer as an accessory use. The
brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting. By
definition, these establishments produce no more than 10,000 barrels of beer or ale annually. The area, by definition,
used for brewing, including bottling and
kegging, shall not exceed 25 percent of the total floor area of the commercial space.
Brewery shall mean an industrial use that brews ales, beers, meads and/or
similar beverages on site. Breweries are
classified as a use that manufactures more
than 10,000 barrels of beverage (all
beverages combined) annually.
(A) Brewery, Craft shall mean a
brew pub or a micro brewery.
(B) Brewery, Micro shall mean a
facility for the production and
packaging of malt beverages of
low alcoholic content for
distribution, retail or wholesale,
on or off premises, with a
capacity of not more than
10,000 barrels per year. The
development may include other
uses such as standard
restaurant, bar, or live
entertainment as otherwise
permitted in the zoning district.
ORDINANCE NO. 9294 (Cont.)
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Broadcasting Tower shall mean a structure for the transmission or broadcast of radio, television, radar, or
microwaves which exceeds the maximum height permitted in the district in which it is located; provided, however,
that noncommercial radio towers not exceeding one hundred (100) feet in height shall not be considered broadcast
towers.
Buffer shall mean a strip of land established to protect one type of land use from another incompatible land
use or between a land use and a private or public road. (Also, see Screening.)
Buffer Zone shall mean an area of land that separates two zoning districts and/or land uses that acts to
soften or mitigate the effects of one use on the other.
Building shall mean any structure built and maintained for the support, shelter or enclosure of persons,
animals, chattels, or property of any kind, but shall not include temporary buildings as defined in "Structure,
Temporary". Operable and licensed trailers, with wheels, shall not be considered as buildings. Building Accessory shall mean any detached subordinate building that serves a function customarily
incidental to that of the main building or main use of the premises. Customary accessory building includes farm
buildings, garages, carports, and small storage sheds.
Building, Area of shall mean the sum in square feet of the ground areas occupied by all buildings and
structures on a lot.
Building Code shall mean the various codes of the City that regulate construction and requires building
permits, electrical permits, mechanical permits, plumbing permits, and other permits to do work regulated by the
adopted building code of the City, and other codes adopted by the City that pertain to building construction.
Building, Height shall mean the vertical distance measured from the centerline of the improved street to
the highest point of a roof surface, if a flat roof, to the deck line of mansard roofs, and to the mean height level
between eaves and ridge for gable, hip, and gambrel roofs. Building Inspector shall mean the building inspectors for the City of Grand Island, Nebraska.
Building Principal shall mean a building within which the main or primary use of the lot or premises is
located and which is supplied with the main electric and/or sewer utility connections. (Also, see Use, Principal.)
Building Setback Line shall mean the minimum of distance as prescribed by this chapter between any
property line and the closed point of the building wall line or face of any building or structure related thereto.
(C)
Campground shall mean a parcel of land intended for the temporary occupancy of tents, campers, and
major recreational vehicles and which primary purpose is recreational, having open areas that are natural in
character.
Car Wash shall mean a building or structure or an area of land with machine or hand operated facilities for the cleaning, washing, polishing, or waxing of motor vehicles, not including semi-trailer tractors, buses, and
commercial fleets. Car Wash, Industrial shall mean a mechanical facility for the washing, waxing and vacuuming of heavy
trucks and buses.
Carport shall mean a permanent roofed structure with not more than two (2) enclosed sides used or
intended to be used for automobile shelter and storage.
Cellar shall mean a building space having more than one-half (1/2) of its height below the average
adjoining grade lines.
Cemetery shall mean land used or intended to be used for the burial of the dead and dedicated for such
purpos es, including columbariums, crematoriums, and mausoleums.
Channel shall mean the geographical area within either the natural or artificial banks of a watercourse or
drainageway.
Charitable shall mean a public or semi-public institutional use of a philanthropic, charitable, benevolent,
religious, or eleemosynary character, but not including sheltering or caring of animals.
Child Care Center shall mean a facility licensed to provide child care for thirteen (13) or more children. In
addition to these regulations, Child Care Centers shall meet all requirements of the State of Nebraska.
Church, Storefront shall mean a religious facility contained within a store or similar structure not
typically used for religious activities that are now used as a meeting place for a congregation. Structures adapted for
congregations including barns, stores, warehouses, old public buildings, and single-family dwellings.
City shall mean the City of Grand Island, Nebraska.
Clear View Zone shall mean the area of a corner lot closest to the intersection that is kept free of visual
impairment to allow full view of both pedestrian and vehicular traffic. (Also see Sight Triangle.)
ORDINANCE NO. 9294 (Cont.)
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Club shall mean an association of persons (whether or not incorporated), religious or otherwise, for a
common purpose, but not including groups which are organized primarily to render a service carried on as a
business for profit.
Cluster Development shall mean a development designed to concentrate buildings in specific areas on a
site to allow the remaining land to be used for recreation, common open space, and the preservation of
environmentally sensitive areas.
Code shall mean the Grand Island City Code.
Coffee Kiosk shall mean a retail food
business in a freestanding building that sells coffee, or
other beverages, and remade bakery goods from a
drive-through window to customers seated in their automobiles for consumption off the premises and that
provides no indoor or outdoor seating.
Cohesiveness shall mean the unity of
composition between design elements of a building
and/or a group of buildings and the landscape
development.
Commercial Feeding Operation (See
Livestock Feeding Operation)
Commission shall mean the Hall County
Regional Planning Commission.
Common Area or Property shall mean a
parcel or parcels of land, together with the
improvements thereon, the use and enjoyment of which are shared by the owners of the individual building sites in a
Planned Development or condominium development.
Community Center shall mean a place, structure, or other facility used for and providing religious,
fraternal, social, and/or recreational programs generally open to the public and designed to accommodate and serve
various segments of the community.
Community Sanitary Sewer System shall mean an approved central sewer collecting system, meeting
state and county requirements, available to each platted lot and discharging into a treatment facility. This does not
include individual septic systems.
Community Water Supply System shall mean a public water supply system which serves at least fifteen service connections used by year round residents or uses, or regularly serves 25 or more year round residents or
uses. Compatibility shall mean harmony in the appearance of two or more external design features in the same
vicinity.
Compatible Uses shall mean a land use which is congruous with, tolerant of, and has no adverse effects on
existing neighboring uses. Incompatibility may be affected by pedestrian or vehicular traffic generation, volume of
goods handled and environmental elements such as noise, dust, odor, air pollution, glare, lighting, debris generated,
contamination of surface or ground water, aesthetics, vibration, electrical interference, and radiation.
Comprehensive Development Plan shall mean the Comprehensive Development Plan of Grand Island,
Nebraska as adopted by the City Council, setting forth policies for the present and foreseeable future community
welfare as a whole and meeting the purposes and requirements set forth in state statutes.
Conditional Use shall mean a use where allowed by the district regulations, that would not be appropriate
generally throughout the zoning district without restrictions, but which, if controlled as to number, size, area,
location, relationship to the neighbor hood or other minimal protective characteristics would not be detrimental to the
public health, safety, and general welfare.
Conditional Use Permit shall mean a permit issued by the City Council that authorizes the recipient to
make conditional use of property in accordance with the provisions of Article 6 and any additional conditions placed
upon, or required by said permit.
Condominium shall be as defined in state statutes, whereby four or more apartments are separately offered
for sale.
Confinement shall mean totally roofed buildings, which may be open-sided (for ventilation purposes only)
or completely enclosed on the sides, wherein animals or poultry are housed over solid concrete or dirt floors, or
slatted (partially open) floors over pits or manure collection areas in pens, stalls, cages, or alleys, with or without
Example of a Cluster Subdivision
ORDINANCE NO. 9294 (Cont.)
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bedding materials and mechanical ventilation. The word "confinement" shall not mean the temporary confined
feeding of livestock during seasonal adverse weather.
Conflicting Land Use shall mean the use of property which transfers over neighboring property lines
negative economic, or environmental effects, including, but not limited to, noise, vibration, odor, dust, glare, smoke,
pollution, water vapor, mismatched land uses and/or density, height, mass, mismatched layout of adjacent uses, loss
of privacy, and unsightly views.
Congregate Care Facility shall mean a long-term care facility exclusively for persons 60 years of age or
older, and which shall include, without limitation, common di ning, social and recreational features, special safety
and convenience features designed for the needs of the elderly, such as emergency call systems, grab bars and
handrails, special door hardware, cabinets, appliances, passageways, and doorways designed for residents including:
meal services, transportation, housekeeping, linen, and organized social activities. Congregate Housing shall mean a residential facility for four or more persons fifty-five (55) years of age
or over, their spouses, or surviving spouses, providing living and sleeping facilities including meal preparation,
dining areas, laundry services, room cleaning and common recreational, social, and service facilities for the
exclusive use of all residents including resident staff personnel who occupy a room or unit in the residential facility.
Conservation shall mean the protection and care that prevents destruction or deterioration of historical or
otherwise significant structures, buildings or natural resources.
Conservation Area shall mean environmentally sensitive and valuable lands protected from any activity
that would significantly alter their ecological integrity, balance or character, except in overriding public interest,
including but not limited to: wetlands, floodways, flood plains, drainage ways, river or stream banks, and areas of
significant biological productivity or uniqueness.
Conservation Easement shall mean an easement granting a right or interest in real property that is
appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded condition and
retaining such areas as suitable habitat for fish, plants, or wildlife, or maintaining existing land uses or preserving
the ability said land to be used for specific purposes such as on site wa stewater treatment systems.
Convenience Store shall mean a one-story, retail store that is designed and stocked to sell primarily food,
beverages, and other household supplies to customers who purchase only a relatively few items (in contrast to a
"superm arket.") It is dependent on, and is designed to attract and accommodate large volumes of stop-and-go
traffic. (Also, see self-service Station.)
Contiguous shall mean the same as "Abut".
Copy Center shall mean a retail establishment that provides duplicating services using photocopying,
blueprint, and offset printing equipment, and may include the collating and binding of booklets and reports. Country Club shall mean a land area and buildings containing golf courses, riding arenas, fishing or
hunting facilities and/or similar facilities, a clubhouse, and customary accessory uses, open only to members and their guests.
Court shall mean an open, unoccupied space, other than a yard, on the same lot with a building or
buildings and abounded on three (3) or more sides by such buildings.
Cul-de-Sac shall mean a short public way that has only one outlet for vehicular traffic and terminates in a
vehicular turn-around.
Curve Lot see "Lot, Curve".
(D)
Dairy Farm shall mean any place or premises upon which milk is produced for sale or other distribution.
Density shall mean the number of dwelling units per acre of land allowable on a given tract or parcel of land.
Detention Cell shall mean a facility for the temporary storage of stormwater runoff.
Developer shal l mean any person, corporation, partnership, or entity that is responsible for any undertaking
that requires a building or zoning permit, conditional use permit or sign permit.
Development shall mean any manmade change to improved or unimproved real estat e, including but not
limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations
for which necessary permits may be required.
Development Concept Plan (See Site Plan.)
Development Review shall mean the review, by the city of subdivision plats, site plans, rezoning requests,
or permit review.
District shall mean any defined area within the jurisdiction of the governmental entity that is designed to
allow specific uses and structures as defined in the corresponding textual portion of the regulation.
Dog Kennel (See Kennel, commercial; and Kennel, private.)
ORDINANCE NO. 9294 (Cont.)
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Domestic Animals (See Household Pet.)
Downzoning shall mean a change in zoning classification of land to a less intensive or more restrictive
district such as from commercial district to residential district or from a higher density to a lower density residential
district.
Drive-In Facility shall mean an establishment where customers can be served without leaving the
confinement of their vehi cle.
Driveway shall mean any vehicular access to an off-street parking or loading facility.
Dump shall mean a place used for the disposal, abandonment, discarding by burial, incineration, or by any
other means for any garbage, sewage, trash, refuse, rubble, waste material, offal or dead animals. Such use shall not
involve any industrial or commercial process.
Duplex shall mean the same as "Dwelling, Two (2) Family". Dwelling Any building or portion thereof which is designed and used exclusively for single family
residential purposes.
Dwelling, Farmstead shall mean any single family dwelling unit / residence associated with a farming
operation either on a separate tract of land or located as a part of the larger operation area.
Dwelling, Manufactured Home A factory-built structure which is to be used as a place for human
habitation, which is not constructed or equipped with a permanent hitch or other device allowing it to be moved
other than to a permanent site, which does not have permanently attached to its body or frame any wheels or axles,
and which bears a label certifying that it was built in compliance with standards promulgated by the United States
Department of Housing and Urban Development.
Dwelling, Modular (Is considered a conventional type single-family dwelling). Any prefabricated
structure, used for dwelling purposes, moved on to a site in an essentially complete constructed condition, in one or
more parts, and when completed is a single family unit on a permanent foundation, attached to the foundation with
permanent connections. To be a modular home it shall meet or be equivalent to the construction criteria as defined
by the Nebraska State Department of Health and Human Services under the authority granted by Section 71-1555
through 71-1567 Revised Statutes of Nebraska 1943, in addition to any amendments thereto.
Dwelling, Multiple shall mean a building or buildings designed and used for occupancy by three (3) or
more families, all living independently of each other and having separate kitchen and toilet facilities for each family.
Dwelling, Seasonal shall mean a dwelling designed and used as a temporary residence and occupied less
than six months in each year.
Dwelling, Single Family is a building having accommodations for or occupied exclusively by one family
which meet all the following standards: (A) The home shall have no less than nine hundred (900) square feet of floor area, above grade, for single
story construction; (B) The home shall have no less than an eighteen (18) foot exterior width;
(C) The roof shall be pitched with a minimum vertical rise of two and one-half (2 1/2) inches for each
twelve (12) inches of horizontal run;
(D) The exterior material is of a color, material and scale comparable with those existing in residential site-
built, single family construction;
(E) The home shall have a non-reflective roof material that is or simulates asphalt or wood shingles, tile, or
is a standing seam residential grade steel material, or rock;
(F) The home shall be placed on a continuous permanent foundation and have wheels, axles, transporting
lights, and removable towing apparatus removed, and
(G) The home shall meet and maintain the same standards that are uniformly applied to all single-family
dwellings in the zoning district.
(H) Permanent foundation: continuous perimeter base on which building rests to be constructed from either
poured concrete, laid masonry block, brick or all-weather wood foundation on a footing to be placed a
minimum of thirty-six (36) inches below the final ground level.
Dwelling, Single-Family (Attached) shall mean a one-family dwelling unit that is attached to one
additional single-family dwelling. Said dwelling units are separated by an unpierced common wall through the
structure that also sits along the property line separating ownership of the structure.
Dwelling, Two (2) Family shall mean a building designed or used exclusively for the occupancy of two (2)
families living independently of each other and having separate kitchen and toilet facilities for each family.
Dwelling Unit One room, or rooms connected together, constituting a separate, independent housekeeping
establishment for owner occupancy or lease on a weekly, monthly, or longer basis, and physically separate from any
ORDINANCE NO. 9294 (Cont.)
- 9 -
other rooms or dwelling units which may be in the same structure, and containing independent cooking, toilet and
sleeping facilities.
(E)
Easement shall mean a right to use a parcel of land, granted to the general public, utility, corporation or
person(s) for a specific purpose or purposes.
Educational Institution shall mean a public or nonprofit institution or facility which conducts regular
academic instruction at preschool, kindergarten, elementary, secondary, and collegiate levels, including graduate
schools, universities, junior colleges, trade schools, nonprofit research institutions and religious institutions. Such
institutions must either: (1) Offer general academic instruction equivalent to the standards established by the State
Board of Education; or (2) Confer degrees as a college or university or undergraduate or graduate standing; or (3)
Conduct research; or (4) Give religious instruction. Private schools, academies, or institutes incorporated or otherwise, which operate for a profit, commercial, or private trade schools are not included in this definition.
Eleemosynary Institution shall mean any building or group of buildings devoted to and supported by
charity.
Encroachment shall mean an advancement or intrusion beyond the lines or limits as designated and
established by this chapter, and to infringe or trespass into or upon the possession or right of others without
permission.
Enlargement shall mean the expansion of a building, structure, or use in volume, size, area, height, length,
width, depth, capacity, ground coverage, or in number.
Environmentally Controlled Housing shall mean any livestock operation meeting the definition of a
Livestock Feeding Operation (LFO) and is contained within a building which is roofed, and may or may not have
open sides and cont ains floors which are hard surfaced, earthen, slatted or other type of floor. The facility is capable
of maintaining and regulating the environment in which the livestock are kept.
Erected shall mean constructed upon or moved onto a site.
Existing and Lawful shall mean the use of a building, structure, or land was in actual existence, operation,
and use, as compared to the use being proposed, contemplated, applied for, or in the process of being constructed or
remodeled. In addition, the use must either have been permitted, authorized, or allowed by law or any other
applicable regulation prior to the enactment of a zoning regulation when first adopted or permitted, authorized or
allowed by the previous zoning regulation prior to the adoption of an amendment to that zoning regulation.
Expressway shall mean a street or road that provides fast and efficient movement of large volumes of
vehicular traffic between areas and does not provide direct access to property.
Exterior building component shall mean an essential and visible part of the exterior of a building. External design feature shall mean the general arrangement of any portion of a building, sign,
landscaping, or structure and including the kind, color, and texture of the materials of such portion, and the types of roof, windows, doors, lights, attached or ground signs, or other fixtures appurtenant to such portions as will be open
to public view from any street, place, or way.
Extra Territorial Jurisdiction shall mean the area beyond the corporate limits, in which the City has been
granted the powers by the state to exercise zoning and building regulations and is exercising such powers.
(F)
Facade shall mean the exterior wall of a building exposed to public view from the building's exterior.
Factory shall mean a structure or plant within which something is made or manufactured from raw or
partly wrought materials into forms suitable for use.
Family shall mean a household head and one or more persons related to the head by blood, marriage or
adoption living together in a single dwelling unit.
Family Child Care Home I shall mean a child care operation in the provider’s place of residence which
serves between four (4) and eight (8) children at any one time. A Family Child Care Home I provider may be
approved to serve no more than two (2) additional school-age children during non-school hours. In addition to these
regulations, a Child Care Home shall meet requirements of the State of Nebraska.
Family Child Care Home II shall mean a child care operation either in the provider’s place of residence
or a site other than the residence, serving twelve (12) or fewer children at any one time. In addition to these
regulations, a Child Care Home shall meet requirements of the State of Nebraska.
Farm shall mean an area containing at least twenty (20) acres or more which is used for growing of the
usual farm products such as vegetables, fruit, and grain, and the storage on the area, as well as for the raising thereon
of the usual farm poultry and farm animals. The term farming includes the operating of such area for one or more of
the above uses with the necessary accessory uses for treating or storing the produce and the feeding of livestock as
ORDINANCE NO. 9294 (Cont.)
- 10 -
hereinafter prescribed; provided such accessory uses do not include the feeding of garbage or offal to swine or other
animals.
Farming shall mean the planting, cultivating, harvesting and storage of grains, hay or plants commonly
grown in Nebraska with the necessary accessory uses for treating or storing the produce and the feeding of livestock
as prescribed hereunder, provided such accessory uses do not include the feeding of garbage or offal to swine or
other animals.
Farmstead In contrast to a farmstead dwelling, a tract of land of not less than 1 acre and not more than 20
acres, upon which a farm dwelling and other outbuildings and barns existed as of August 1, 2004, and was used for
single-family resident purposes.
Feed Lot shall mean the confinement of horses, sheep, pigs, and other food animals in buildings, lots, pens,
pools or ponds which normally are not used for raising crops or for grazing animals. Fence shall mean a structure serving as an enclosure, barrier or boundary.
(A) Fence, Open shall mean a fence, including gates, which has, for each one foot (1’) wide segment
extending over the entire length and height of fence, fifty percent (50%) or more of the surface area in
open spaces which affords direct views through the fence.
(B) Fence, Solid shall mean any fence that does not qualify as an open fence.
Flood see definition in §36-128 of this chapter.
Flood Plain see definition in §36-128 of this chapter.
Floodway see definition in §36 -128 of this chapter.
Floor Area whenever the term "floor area" is used in this chapter as a basis for requiring off-street parking
for any structure, it shall be assumed that, unless otherwise stated, said floor area applies not only to the ground floor
area but also to any additional stories of said structure. All horizontal dimensions shall be taken from the exterior
faces of walls.
Food Sales shall mean establishments or places of business primarily engaged in the retail sale of food or
household products for home consumption. Typical uses include groceries, delicatessens, meat markets, retail
bakeries, and candy shops.
Frontage shall mean that portion of a parcel of property which abuts a dedicated public street or highway.
(G)
Garage, Private shall mean a detached accessory building or a portion of a main building on the same lot
as a dwelling for the housing of vehicles of the occupants of the dwelling, including carports.
Garage, Public shall mean any garage other than a private garage.
Garage, Repair shall mean a building designed and used for the storage, care, repair, or refinishing of motor vehicles including both minor and major mechanical overhauling, paint, and body work as a commercial
business (Also, see Service Station). Garbage shall mean any waste food material of an animal or vegetable nature, including that which may be
used for the fattening of livestock.
Gated Communities shall mean residential areas that restrict access to normally public spaces. These are
subdivisions of usually high -end houses. The type of gates can range from elaborate guard houses to simple
electronic arms.
Grade shall mean the average of the finished ground level at the center of all walls of a building. In case
walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.
Grand Island Fee Schedule shall mean the fee schedule adopted and maintained by the City of Grand
Island, which establishes the required fees to be collected for various City services.
Graphic element shall mean a letter, illustration, symbol, figure, insignia, or other device employed to
express and illustrate a message or part thereof.
Greenhouse shall mean a building or premises used for growing plants, preparation of floral arrangements
for off-site delivery to customers, cold storage of flowers or dry storage of materials used for agricultural or
horticultural purposes.
Greenway shall mean a parcel or parcels of land, together with the improvements thereon, dedicated as an
easement for access and/or recreation; usually a strip of land set aside for a walkway, bicycle trail, bridal path, or
other similar access-way.
Ground Cover shall mean plant material used in landscaping which remains less than twelve (12) inches
in height at maturity. (Also, see Landscaping.)
Ground Water shall mean water occurring beneath the surface of the ground that fills available openings
in the rock or soil materials such that they may be considered saturated.
ORDINANCE NO. 9294 (Cont.)
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Group Care Home shall mean a home which is operated under the auspices of an organization which is
responsible for providing social services, administration, direction, and control for the home which is designed to
provide twenty-four hour care for individuals in a residential setting.
Group Home for the Disabled shall mean a dwelling with resident staff shared by four or more
handicapped persons who live together as a single housekeeping unit and in a long term, family-like environment in
which staff persons provide care, education, and participation in community activities for the residents with the
primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential.
As used herein, the term "disabled" shall mean having:
(A) A physical or mental impairment that substantially limits one or more of such person's major life
activities so that such person is incapable of living independently;
(B) A record of having such an impairment; or (C) Being regarded as having such impairment.
Handicap shall not include current, illegal use of or addiction to a controlled substance as defined in state statutes.
Group Housing shall mean two or more separate buildings on a lot, each containing one or more dwelling
units.
Guest Room shall mean a room which is designed to be occupied by one (1) or more guest for sleeping
purposes, having no kitchen facilities, not includi ng dormitories.
(H)
Half-Story shall mean a story under a gable, hip or gambrel roof, plates of which are not more than three
(3) feet above the floor of such story.
Halfway House shall mean a licensed home for individuals on release from more restrictive custodial
confinement or initially placed in lieu of such more restrictive custodial confinement, living together as a single
housekeeping unit, wherein supervision, rehabilitation and counseling are provided to mainstream residents back
into society, enabling them to live independently.
Hard Surfaced shall mean any surface used for movement of vehicular and / or pedestrians which is
properly designed and paved with a permanent type, dust-free surface such as asphalt, concrete, or paving brick.
Harmony shall mean a quality that represents an appropriate and congruent arrangement of parts, as in an
arrangement of varied architectural and landscape elements.
Hazardous Waste shall mean waste products of industrial or chemical process including finished surplus,
used, contaminated, or unwanted fertilizer, herbicide, petroleum products, or other such processed waste material
that requires special handling treatment , and disposal methods.
Health Club shall mean privately owned for profit facilities such as gymnasiums, athletic clubs, health clubs, recreational clubs, reducing salons, and weight control establishments.
Health Recreation Facility shall mean an indoor or outdoor facility including uses such as game courts, exercise equipment, locker rooms, whirlpool spa and/or sauna and pro shop.
Hedge shall mean a plant or series of plants, shrubs or other landscape material, so arranged as to form a
physical barrier or enclosure.
Height of Building see definition of Building Height herein.
Holding Pond shall mean an impoundment made by constructing an excavated pit, dam, embankment, or
combination of these for temporary storage of liquid livestock wastes.
Home for the Aged (see Long-Term Care Facility)
Home Improvement Center shall mean a facility engaged in the retail sale of various basic hardware
lines, such as tools, builders’ hardware, paint and glass, housewares and household appliances, garden supplies, and
cutlery.
Home Occupation shall mean an “in-home” or “home based” or entrepreneurial business operating from a
residential dwelling within the extra-territorial jurisdiction of the City of Grand Island. Home occupations are
considered accessory uses to properties in all zoning districts.
Homeowners Association shall mean a private, nonprofit corporation or association of homeowners of
properties in a fixed area, established for the purpose of owning, operating, and maintaining various common
properties and facilities.
Hotel shall mean a building or portion thereof, or a group of buildings, offering transient lodging
accommodations on a daily rate to the general public and providing services associated with restaurants, meeting
rooms, and recreational facilities. The word "hotel" includes motel, inn, automobile court, motor inn, motor lodge,
motor court, tourist court, motor hotel.
ORDINANCE NO. 9294 (Cont.)
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Household Pet shall mean an animal that is customarily kept for personal use or enjoyment within the
home. Household pet shall include but not be limited to domestic dogs, domestic cats, domestic tropical birds, fish,
and rodents.
Housing for the Elderly shall mean a multi-family structure, controlled by either a public entity, private
for profit, institutional body, or non-profit corporation. The facility houses predominantly persons 62 years of age or
older.
(I)
Impervious Surface shall mean a surface that has been compacted or covered with a layer of material
making the surface highly resistant to infiltration by water, such as rock, gravel, or clay and conventionally surfaced
streets, roofs, sidewalks, parking lots, and driveways.
Incidental Use shall mean a use, which is subordinate to the main use of a premise. Independent (restricted) Housing shall mean a residential facility limited to persons 62 years of age or
over, or disabled persons.
Industry shall mean the manufacture, fabrication, processing reduction or destruction of any article,
substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or
appearance thereof and including storage elevators, truck storage yards, warehouses, wholesale storage and other
similar types of enterprise.
Infill Development shall mean the construction of a building or structure on a vacant parcel located in a
predominately built up area.
Infill Site shall mean any vacant lot, parcel, or tract of land within developed areas of the city, where at
least 80 percent of the land within a 300 -foot radius of the site has been developed, and where water, sewer, streets,
schools, and fire protection have already been constructed or are pr ovided.
Institutional Building shall mean a public and public/private group use of a nonprofit nature, typically
engaged in public service (i.e. houses of worship, nonprofit cultural centers, charitable organizations).
Intensity shall mean the degree to which land is used referring to the levels of concentration or activity in
uses ranging from uses of low intensity being agricultural and residential to uses of highest intensity being heavy
industrial uses. High intensity uses are normally uses that generate concentrations of vehicular traffic and daytime
population and are less compatible with lower intensive uses.
Intent and Purpose shall mean that the Commission and Council by the adoption of this Regulation, have
made a finding that the health, safety, and welfare of the Community will be served by the creation of the District
and by the regulations prescribed therein.
(J) Juice Bar (See Adult Establishment.)
Junk shall be any worn-out, cast-off, old, or discarded articles of scrap, copper, brass, iron, steel, rope, rags, batteries, paper, trash, rubber, debris, waste, dismantled or wrecked automobiles, or parts thereof, and other old
or scrap ferrous or nonferrous material.
Junk Yard shall definition of Salvage Yard herein.
(K)
Kennel, Boarding and Training shall mean any lot or premises on which three (3) or more dogs, cats or
non-farm/non-domestic or any combination of five (5) or more thereof, at least four (4) months of age, are boarded,
bred, or trained for a fee.
Kennel, Commercial shall mean an establishment where three (3) or more dogs, cats, or other household
pets, or non-farm/non-domestic or any combination of five (5) or more thereof, at least four (4) months of age are
groomed, bred, boarded, trained, or sold as a business.
Kennel, Private shall mean the keeping, breeding, raising, showing or training of four or more animals
over six months of age for personal enjoyment of the owner or occupants of the property, and for which commercial
gain is not the primary objective.
(L)
Lagoon shall mean a wastewater treatment facility which is a shallow, artificial pond where sunlight,
bacterial action, and oxygen interact to restore wastewater to a reasonable state of purity. This includes both human
and livestock wastes. All lagoons shall meet the minimum design criteria established by the Nebraska Department of
Environmental Quality and the Nebraska Department of Health and Human Services. All lagoons shall have the
proper permits approved prior to starting construction.
Land Use Plan shall mean the same as Comprehensive Development Plan.
ORDINANCE NO. 9294 (Cont.)
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Landfill shall mean a disposal site employing a method of disposing solid wastes in a manner that
minimizes environmental hazards in accordance with state and federal requirements.
Landscape shall mean plant materials, topography, and other natural physical elements combined in
relation to one another and to man-made structures.
Landscaping shall include the original planting of suitable vegetation in conformity with the requirements
of this Regulation and the continued maintenance thereof.
Large Box Retail shall mean a singular retail or wholesale user that occupies no less than 30,000 square
feet of gross floor area. These uses typically include: membership wholesale clubs emphasizing in large bulk sales,
discount stores, pharmacies, grocery stores, especially warehouse style point of sale concepts and department stores.
Laundry, Self Service shall mean an establishment that provides home-type washing, drying, and/or
ironing facilities for customers on the premises. Life Care Facility shall mean a facility for the transitional residency of the elderly and/or disabled persons,
progressing from independent living to congregate apartment living where residents share common meals and
culminating in full health and continuing care nursing home facility. (Also, see Congregate Housing and Housing
for the Elderly.)
Light Cut-Off Angle shall mean an angle from vertical, extending downward from a luminaries, which
defines the maximum range of incident illumination outward at the ground plane.
Limits of Grading shall mean the outermost edge of the area in which the existing topography is to be
altered by cutting and/or filling.
Liquids Manure shall mean that type of livestock waste that is in liquid form, collected in liquid manure
pits or lagoons and which can be sprayed or injected beneath the surface.
Liquid Manure Storage Pits shall mean earthen or lined pits wholly or partially beneath a semi or totally
housed (ECH) livestock operation or at some removed location used to collect waste production.
Livestock (See Animals, Farm.)
Livestock Feeding Operation (LFO) shall mean any farming operation exceeding the per acre Animal
Unit (A.U.) ratio as defined under “farming” or the feeding, farrowing, or raising cattle, swine, sheep, poultry, or
other livestock, in a confined area where grazing is not possible, and where the confined area is for more than six (6)
months in any one calendar year, and where the number of animals so maintained exceeds three hundred (300)
Animal Units as defined below. The confined area of the livestock feeding operation shall include the pens, corrals,
sheds, buildings, feed storage areas, waste disposal ponds, and related facilities. Such facilities shall be constructed
and operated in conformance with applicable county, state, and federal regulations. Two (2) or more livestock
feeding operations under common ownership are deemed to be a single livestock feeding operation if they are adjacent to each other or if they utilize a common area of system for the disposal of livestock wastes. Animal Units
(A.U.) are defined as follows: One (1) A.U.= One (1) Cow/Calf combination
One (1) A.U.= One (1) Slaughter, Feeder Cattle;
One (1) A.U.= One-half (1/2) Horse;
One (1) A.U.= Seven Tenths (.7) Mature Dairy Cattle;
One (1) A.U.= Two and One Half (2.5) Swine (55 pounds or more);
One (1) A.U.= Twenty Five (25) Weaned Pigs (less than 55 pounds);
One (1) A.U.= Two (2) Sows with Litters;
One (1) A.U.= Ten (10) Sheep;
One (1) A.U.= One Hundred (100) Chickens;
One (1) A.U.= Fifty (50) Turkeys;
One (1) A.U.= Five (5) Ducks.
Livestock Wastes shall mean animal and poultry excreta and associated feed losses, bedding, spillage, or
overflow from watering systems, wash and flushing waters, sprinkling waters from livestock cooling, precipitation
polluted by falling on or flowing onto a livestock operation, and other materials polluted by livestock or their direct
product.
Loading Space shall mean an off-street space or berth on the same lot with a main building, or contiguous
to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which
abuts a street, alley, or other appropriate means of ingress and egress.
Logic of Design shall mean accepted principles and criteria of validity in the solution of the problem of
design.
ORDINANCE NO. 9294 (Cont.)
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Long-Term Care Facility shall mean a facility as defined in Title 15, Chapter 3 Nebraska Department of
Health and Human Services and Neb. Rev. Stat. Section 71 -2017.01. These facilities include:
Nursing facilities
Boarding home
Adult Care Home
Assisted Living Facility
Center for the Developmentally Disabled
Group Residence
Swing Bed
Adult Day Care
Lot shall mean a parcel or tract of land which is or may be occupied by a use herein permitted, together with yards, and other open spaces herein required, that has frontage upon a street, and is a part of a recorded
subdivision plat or has been recorded prior to April 22, 1968, or a parcel of real property delineated on an approved
record of survey, lot-split or sub-parceling map as filed in the office of the County Register of Deeds and abutting at
least one (1) public street or right-of-way.
Lot Area shall mean the total area, on a horizontal plane, within the lot lines of a lot.
Lot, Corner shall mean a lot located at the intersection of two (2) or more streets at an angle of not more
than one hundred thirty-five (135) degrees. If the angle is greater than one hundred thirty-five (135) degrees, the lot
shall be considered an "Interior Lot".
Lot Coverage shall mean the portion of a lot or building site which is occupied by any building or
structure, excepting paved areas, and walks, regardless of whether said building or structure is intended for human
occupancy or not.
Lot, Curve shall mean a lot fronting on the outside curve of the right-of-way of a curved street, which
street has a centerline radius of three hundred (300) feet or less.
Lot Depth shall mean the horizontal distance between the front and rear lot lines measured in the mean
direction of the side lot lines.
Lot, Double Frontage shall mean a lot having a frontage on two non-intersecting streets as distinguished
from a corner lot.
ORDINANCE NO. 9294 (Cont.)
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Lot, Flag shall mean a lot with frontage and access provided to the bulk of the lot by means of a narrow
corridor. The measurement of the actual lot frontage shall be made along the widest portion of the lot along the line
parallel to the street.
Lot, Frontage shall mean the side of a lot abutting on a legally accessible street right-of-way other than an
alley or an unimproved county road. For the purposes of this definition, on corner lots, all sides of a lot adjacent to
streets or roads shall be considered frontage.
Lot, Key shall mean a lot: (1) abutting the entire length of at least one of its side lot lines, either directly or
across an alley, the rear lot line of any other lot; or (2) situated between two such key lots.
Lot, Interior shall mean a lot other than a corner lot.
Lot Line shall mean the property line bounding a lot.
(A) Lot Line, Front shall mean the property line abutting a street. (B) Lot Line, Rear shall mean a lot line not abutting a street which is opposite and most distant from the
front lot line.
(C) Lot Line, Side shall mean any lot line not a front lot line or rear lot line.
Lot, Nonconforming shall mean a lot having less area or dimension than that required in the district in
which it is located and which was lawfully created prior to the zoning thereof whereby the larger area or dimension
requirements were established, or any lot, other than one shown on a plat recorded in the office of the Hall County
Register of Deeds, which does not abut a public road or public road right-of-way and which was lawfully created.
Lot Through shall mean a lot having frontage on two (2) dedicated streets, not including a corner lot.
Lot of Record shall mean a lot held in separate ownership as shown on the records of the Hall County
Register of Deeds at the time of the passage of a regulation or regulation establishing the zoning district in which the
lot is located.
Lot Width shall mean the average horizontal distance between the side lot line, measured at right angles to
the lot depth at a point midway between the front and rear lot lines.
(M)
Manufactured Home Park shall mean a parcel of land under single ownership that has been planned and
improved for the placement of manufactured housing used or to be used for dwelling purposes and where
manufactured home spaces are not offered for sale or sold. The term "manufactured home park" does not include
sales lots on which new or used manufactured homes are parked for the purposes of storage, inspection, or sale.
Manufactured Home Subdivision shall mean any area, piece, parcel, tract or plot of ground subdivided
and used or intended to be used for the purpose of selling lots for occupancy by manufactured homes.
Manufacturing shall mean uses primarily engaged in the mechanical or chemical transformation of materials or substances into new products. These uses are usually described as plants, factories, or mills and
characteristically use power driven machines and materials handling equipment. Uses engaged in assembling component parts of manufactured products are also considered manufacturing if the new product is neither a
structure nor other fixed improvement. Also included is the blending of material such as lubricating oils, plastics,
resins, or liquors. Manufacturing production is usually carried on for the wholesale market, for interplant transfer,
or to order for industrial users, rather than for direct sale to the domestic consumer.
Map, Official Zoning shall mean a map delineating the boundaries of zoning districts which, along with
the zoning text, is officially adopted by the Grand Island City Council as "The Official Zoning Map of the City of
Grand Island, Nebraska."
Massage Establishment shall mean any building, room, place, or establishment other than a regularly
licensed and established hospital or dispensary where non-medical or non-surgical manipulative exercises or devices
are practiced upon the human body manually or otherwise by any person other than a licensed physician, surgeon,
dentist, occupational and/or physical therapist, chiropractor, or osteopath with or without the use of therapeutic,
electrical, mechanical, or bathing device. Said establishment shall comply with all state regulations.
Massage Parlor (See Adult Massage Parlor.)
Mechanical Equipment shall mean equipment, devices, and accessories, the use of which relates to water
supply, drainage, heating, ventilating, air conditioning, and similar purposes.
Mini-Storage or Mini-Warehouse (See Self-Service Storage Facility.)
Miscellaneous Structures shall mean structures, other than buildings, visible from public ways. Examples
are: memorials, stagings, antennas, water tanks and towers, sheds, shelters, fences, and walls, kennels, transformers,
drive-up facilities.
ORDINANCE NO. 9294 (Cont.)
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Mixed Use shall mean properties where various uses, such as office, commercial, institutional, and
residential, are combined in a single building or on a single site in an integrated development project with significant
functional interrelationships and a coherent physical design.
Mobile Home Park (See Manufactured Home Park.)
Mobile Home Subdivision (See Manufactured Home Subdivision.)
Monotony shall mean repetitive sameness, lacking variety and variation, and/or reiteration.
Motel (See Hotel.)
Motor Vehicle shall mean every self-propelled land vehicle, not operated upon rails, except mopeds and
self-propelled invalid chairs.
(N)
Nebraska Revised Reissued Statutes, 1943 and the abbreviated term Nebr. R. R. S., 1943 are one and the same.
Nightclub shall mean a commercial establishment dispensing beverages for consumption on the premises
and in which dancing is permitted or entertainment is provided, except as defined under Adult Cabaret. (Also, see
Bar.)
Non-Agricultural Land shall mean any tract, parcel or lot that is used for any purpose that does not meet
the definition of Agriculture in this section.
Non-community Water Supply System shall mean any public water supply system that is not a
community water supply system.
Non-Conforming Building shall mean a building or portion thereof which was lawful when established
but which does not conform to subsequently established zoning or zoning regulations.
Non-Conforming Use shall mean a use lawful when established but which does not conform to
subsequently established zoning or zoning regulation.
Non-Farm Buildings are all buildings except those buildings utilized for agricultural purposes on a
farmstead of twenty acres or more which produces one thousand dollars or more of farm products each year.
Nursery shall mean the use of a premises for the propagation, cultivation, and growth of trees, shrubs,
plants, vines, and the like from seed or stock, and the sale thereof, and including the sale of trees, shrubs, plants,
vines, and the like purchased elsewhere and transplanted into the soil of the premises. In connection with the sale of
plants, such fungicides, insecticides, chemicals, peat moss, humus, mulches, and fertilizers as are intended to be
used in preserving the life and health of the plants may be sold.
Nursing Home see Congregate Care Facility
Nursery School see Preschool (O)
Office shall mean a building or a portion of a building wherein services are performed involving, primarily, administrative, professional, or clerical operations.
Official Map (See Map, Official Zoning District.)
Off-Street Parking Area or Vehicular Use shall refer to all off street areas and spaces designed, used,
required, or intended to be used for parking, including driveways or access ways in and to such areas.
Open Lots shall mean pens or similar concentrated areas for livestock, including small shed-type areas or
open-front buildings, with dirt, or concrete (or paved or hard) surfaces, wherein animals or poultry are substantially
or entirely exposed to the outside environment except for possible small portions affording some protection by
windbreaks or small shed-type areas.
Open Space shall mean a parcel or parcels of land, together with the improvements thereon, primarily set
aside for recreational use and enjoyment, exclusive of land areas used for streets, alleys, roads, driveways, parking
areas, structures, and buildings.
Open Space, Common shall mean a separate and distinct area set aside as open space within or related to a
development, and not on individually owned lots or dedicated for public use, but which is designed and intended for
the common use or enjoyment of the residents of the development. Rights-of-way, private streets, driveways,
parking lots or other surfaces designed or intended for vehicular use or required yards shall not be included as
common open space.
Outlot shall mean a lot remnant or parcel of land left over after platting, which is intended as open space or
other use, for which no building permit shall be issued for any private structure. Typically uses are limited within the
subdivision agreement and/or plat.
Overlay District shall mean a district in which additional requirements act in conjunction with the
underlying zoning district. The original zoning district designation does not change.
ORDINANCE NO. 9294 (Cont.)
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Owner shall mean one or more persons, including corporations, who have title to the property, building or
structure in question.
(P)
Paintball shall mean all guns and other devices used for the purpose of firing pellets containing a latex
paint at a person or target.
Paintball Course, Commercial shall mean a commercial recreational park containing obstacle courses for
the purpose of staging paintball battles. Said facility generally collects a fee, either as membership or on a visit by
visit basis, that allows individuals to participate in paintball activities.
Parcel shall mean a lot or a contiguous group of lots in single ownership or under single control, which
may be considered as a unit for purposes of development.
Park shall mean any public or private land available for recreational, educational, cultural, or aesthetic use. Parking Area, Pri vate shall mean an area, other than a street, used for the parking of motor vehicles
capable of moving under their own power and restricted from general public use.
Parking Area, Public shall mean an area, other than a private parking area or street used for the parking of
vehicles capable of moving under their own power, either free or for remuneration.
Parking Space, Automobile shall mean an area, other than a street or alley, reserved for the parking of an
automobile, such space having an area of not less than 180 square feet and no dimension of less than nine (9) feet,
plus such additional area as is necessary to afford adequate ingress and egress.
Parkway shall mean an arterial highway with full or partial control of access, and located within a park or
ribbon of park like development.
Performance Guarantee shall mean a financial guarantee to ensure that all improvements, facilities, or
work required by this chapter will be completed in compliance with these regulations as well as with approved plans
and specifications of a development.
Permanent Foundation shall mean a base constructed from either poured concrete, laid masonry rock,
brick, or all-weather wood and placed on a footing located below ground level to a point below the frost line upon
which a building or structure is permanently attached.
Permanent Tree Protection Devices shall be structural measures, such as retaining walls or aeration
devices that are designed to protect the tree and its root systems throughout its lifetime.
Permanently Attached shall mean connected to real estate in such a way as to require dismantling, cutting
away, or unbolting in order to remove, relocate, or replace.
Permitted Use shall mean any land use allowed without condition within a zoning district.
Person shall mean an individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, City, County, special district or any other group or
combination acting as an entity, except that it shall not include Grand Island, Nebraska. Pet Shop shall mean a retail establishment primarily involved in the sale of domestic animals, such as
dogs, cats, fish, birds, and reptiles, excluding exotic animals and farm animals such as horses, cattle, goats, sheep
and poultry.
Planned Unit Development shall mean a development designed to provide for an unusual or different
arrangement of residential, business, or industrial uses in accordance with an approved development plan.
Planning Commission shall mean the Hall County Regional Planning Commission.
Plant Materials shall mean trees, shrubs, vines, ground covers, grass, perennials, annuals, and bulbs.
Plat shall mean a map showing the location, boundaries, and legal description of individual properties ,
including street rights-of-way, public utility easements, etc.
Policy shall mean a statement or document of the City, such as the comprehensive plan, that forms the
basis for enacting legislation or making decisions.
Poultry, Commercial Feeding shall mean a poultry commercial feed lot, whether the confined feeding
operations are enclosed or outdoors.
Premises shall mean a tract of land, consisting of one lot or irregular tract, or more than one lot or irregular
tract, provided such lots or tracts are under common ownership, contiguous, and used as a single tract. A building or
land within a prescribed area.
Preschool shall mean an early childhood program which provides primarily educational services, where
children do not nap and where children are not served a meal.
Private Well shall mean a well that provides water supply to less than fifteen (15) service connections and
regularly serves less than twenty-five (25) individuals.
ORDINANCE NO. 9294 (Cont.)
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Prohibited Use shall mean any use of land, other than nonconfor ming, which is not listed as a permitted
use or conditional use within a zoning district.
Proportion shall mean a balanced relationship of parts of a building, landscape, structures, or buildings to
each other and to the whole.
Protected Zone shall mean all lands that fall outside the buildable areas of a parcel, all areas of a parcel
required to remain in open space, and/or all areas required as landscaping strips according to the provisions of this
chapter .
Public Utility shall mean any business which furnishes the general public telephone service, telegraph
service, electricity, natural gas, water and sewer, or any other business so affecting the public interest as to be
subject to the supervision or regulation by an agency of the state or federal government.
Public Water Supply shall mean a water supply system designed to provide public piped water fit for human consumption, if such system has at least fifteen (15) service connections or regularly serves at least twenty-
five individuals. This definition shall include: (1) Any collection, treatment, storage, or distribution facilities under
the control of the operator of such system and used primarily in connection with such system; and (2) Any collection
or pretreatment storage facilities not under such control which are used primarily in the connection with such
system.
(Q)
(R)
Railroad shall mean the land use including the right-of-way (R.O.W.) abutting railroad properties occupied
by uses pertinent to the railroad operation and maintenance, but not including properties owned by the railroad and
leased for use by others.
Recreational Facility shall mean facilities for the use by the public for passive and active recreation
including tennis, handball, racquetball, basketball, track and field, jogging, baseball, soccer, skating, swimming, or
golf. This shall include country clubs and athletic clubs, but not facilities accessory to a private residence used only
by the owner and guests, nor arenas or stadiums used primarily for spectators to watch athletic events. In addition,
recreational facilities shall mean museums, amphitheaters, race tracks (including all motor powered vehicles) and
wildlife conservation areas (used for public viewing), and theme parks.
Recreational Vehicle (RV) shall mean a vehicular unit less than forty (40) feet in overall length, eight (8)
feet in width, or twelve (12) feet in overall height, primarily designed as a temporary living quarters for recreational
camping or travel use having either its own power or designed to be mounted on or drawn by a motor vehicle.
Recreational vehicle includes motor home, truck camper, travel trailer, camping trailer, and fifth wheel.
Recreational Vehicle Pad : a space for parking a recreational vehicle within a campground or other allowed pl ace consisting of no less than 800 square feet with a minimum width of 12 feet. Improvements included
within the pad space include 1 hard surfaced improved parking space of not less than 180 square feet (20 x 9 or 18 x 10) and 2 hard surfaced improved parallel tire pads of not less than 2.5 feet by 24 feet.
Recreational Vehicle (RV) Park shall mean a tract of land upon which two or more recreational vehicle
sites are located, established, or maintained for occupancy by recreational vehicles of the general public as
temporary living quarters for recreation or vacation purposes by campers, vacationers, or travelers.
Residence shall mean a building used, designed, or intended to be used as a home or dwelling place for one
(1) or more families.
Restaurant shall mean a public eating establishment at which the primary function is the preparation and
serving of food primarily to persons seated within the building.
(A) Restaurant, Drive-In shall mean an establishment that has the facilities to serve prepared food and/or
beverages to customers seated within motor vehicles for consumption either on or off the premises.
(B) Restaurant, Entertainment shall mean an establishment where food and drink are prepared, served,
and consumed, within a building or structure that integrally includes electronic and mechanical games of
skill, simulation, and virtual reality, play areas, video arcades or similar uses, billiards, and other forms of
amusement.
(C) Restaurant, Fast Food shall mean an establishment whose principal business is the sale of food
and/or beverages in ready-to-consume individual servings, for consumption either within the establishment,
for carryout, or drive-in; and where food and/or beverages are usually served in paper, plastic, or other
disposable containers.
Retail Trade shall mean uses primarily engaged in selling merchandise for personal or household
consumption and rendering services incidental to the sale of goods. Uses engaged in retail trade sell merchandise to
the general public or to households for personal consumption.
ORDINANCE NO. 9294 (Cont.)
- 19 -
Retention Cell shall mean a pond, pool, or basin used for the permanent storage of stormwater runoff.
Reverse Spot Zoning shall mean an arbitrary zoning or rezoning of a small tract of land that is not
consistent with the comprehensive land use plan and that uniquely burdens an individual owner largely to secure
some public benefit. Reverse spot zoning usually results from downzoning a tract of land to a less intensive use
classification than that imposed on nearby properties.
Rezoning shall mean an amendment to or change in the zoning regulations either to the text or map or
both.
Rezoning, Piecemeal shall mean the zoning reclassification of individual lots resulting in uncertainty in the
future compatible development of the area.
Right-of-Way shall mean an area or strip of land, either public or private, on which an irrevocable right of
passage has been dedicated, recorded, or otherwise legally established for the use of vehicles or pedestrians or both. Road shall mean the same as "Street".
Road, Private shall mean a way, other than driveways, open to vehicular ingress and egress established for
the benefit of certain, adjacent properties. (Also, see right-of-way and Street.)
Road, Public shall mean a public right-of-way reserved or dedicated for street or road traffic. (Also, see
right-of-way and Street.)
Room shall mean an un-subdivided portion of the interior of a dwelling unit, excluding bathroom, kitchen,
closets, hallways, and service porches.
(S)
Salvage Yard shall mean any building, lot, yard or premise used for the collection, processing, salvage,
storage, bailing or shipping of junked vehicles, vehicle parts, paper, cardboard, glass, plastic, metals, rags, scrap
materials, junk, or material similar to those listed herein.
Satellite Dish Antenna shall mean a round, parabolic antenna incorporating a reflective surface that is
solid, open mesh, or bar configured and is in the shape of a shallow dish, or cone and used to transmit and/or receive
radio or electromagnetic waves.
Scale shall mean a proportional relationship of the size of parts to one another and to the human figure.
School, Day shall mean a preschool or nursery school for children.
School, Day, Pre-, or Nursery shall mean a school or center for children under school age, whether
licensed as a day care center or not, shall be approved by the Nebraska State Fire Marshall as being in safety
conformance with the National Fire Protection Association, Pamphlet 101, known as the Life Safety Code and shall
be approved by the Nebraska Department of Health and Welfare as meeting their health and welfare standards.
Screening shall mean a structure or planting that conceals from view from public ways the area behind such structure or planting.
Selective Clearing shall be the careful and planned removal or trees, shrubs, and plants using specific standards and protection measures.
Self-Service Station shall mean an establishment where motor fuels are stored and dispensed into the fuel
tanks of motor vehicles by persons other than the service station attendant and may include facilities available for
the sale of other retail products.
Self-Service Storage Facility shall mean a building or group of buildings containing individual,
compartmentalized, and controlled access stalls or lockers for storage.
Separate Ownership shall mean ownership of a parcel of land by a person who does not own any of the
land abutting such parcel.
Service Stations shall mean buildings and premises where the primary use is the supply and dispensing at
retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where light Retail Trade
shall mean uses primarily engaged in selling merchandise for personal or household consumption and rendering
services incidental to the sale of goods. Uses engaged in retail trade sell merchandise to the general public or to
households for personal consumption.
Self-Service Storage Facility shall mean a building or group of buildings containing individual,
compartmentalized, and controlled access stalls or lockers for storage.
Separate Ownership shall mean ownership of a parcel of land by a person who does not own any of the
land abutting such parcel.
Service Stations shall mean buildings and premises where the primary use is the supply and dispensing at
retail of motor fuels, lubricants, batteries, tires, and motor vehicle accessories and where light maintenance activities
such as engine tune-ups, lubrications, and washing may be conducted, but not including heavy maintenance and
repair such as engine overhauls, painting, and body repair.
ORDINANCE NO. 9294 (Cont.)
- 20 -
Setback Line, Front Yard shall mean the line which defines the depth of the required front yard. Said
setback line shall be parallel with the right -of-way line or highway setback line when one has been established.
Setback Line, Rear Yard or Side Yard shall mean the line which defines the width or depth of the
required rear or side yard. Said setback line shall be parallel with the property line, removed therefrom by the
perpendicular distance prescribed for the yard in the district.
Shopping Center shall mean a group of commercial establishments planned, constructed, and managed as
a total entity with customer and employee parking provided on-site, provisions for goods delivery that is separated
from customer access, aesthetic considerations, and protection from the elements.
Shopping Center, Commercial Strip shall mean a commercial development, usually one store deep, that
fronts on a major street for a distance of one city block or m ore. Includes individual buildings on their own lots, with
or without on-site parking and small linear shopping centers with shallow on -site parking in front of the stores. Shopping Center, Outlet shall mean a commercial development that consists mostly of manufacturers’
outlet stores selling their own brands at a discounted price. This definition includes all forms of centers, such as strip
style, enclosed mall style, and village clustered style centers.
Shrub shall mean a multi-stemmed woody plant other than a tree.
Sidewalk Café shall mean an area adjacent to a street level eating or drinking establishment located
adjacent to the public pedestrian walkway and used exclusively for dining, drinking, and pedestrian circulation. The
area may be separated from the public sidewalk by railings, fencing, or landscaping or a combination thereof.
Sight Triangle is an area at a street intersection in which nothing shall be erected, placed, planted, or
allowed to grow in such a manner as to materially impede vision. The area and restrictions of the sight triangle are
further defined in Chapter 32 of this code.
Sign Base shall mean any decorative, functional element extending upward from grade to the start of the
sign.
Similar Use shall mean the use of land, buildings, or structures of like kind or general nature with other
uses within a zoning district as related to bulk, intensity of use, traffic generation and congestion, function, public
services requirements, aesthetics or other similarities
Site Break shall mean a structural or landscape device to interrupt long vistas and create visual interest in a
site development.
Site Plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning, the
boundaries of a site and the location of all buildings, structures, uses, drives, parking, drainage, landscape features,
and other principal site development improvements for a specific parcel of land.
Site, Septic shall mean the area bounded by the dimensions required for the proper location of the septic tank system.
Skate, In-Line shall mean a boot-type device, which is placed on an individual’s feet. In-line skates contain wheels on the bottom of the boot, which are attached in linear fashion.
Skate Park shall mean a recreational facility containing skateboard ramps and other obstacle courses and
devices for use with skateboards and in-line skates.
Skateboard shall mean a foot board mounted upon four or more wheels and is usually propelled by the
user who sometimes stands, sits, kneels, or lays upon the device while it is in motion.
Skateboard Pipe shall mean an outdoor structure which is shaped into a half circle or oval, that are
designed and principally intended to permit persons on skateboards to move continuously from one side to the other.
Skateboard Ramp shall mean an outdoor structure with an upward inclined surface, essentially one of the
sides of a pipe, which are designed and principally intended to permit persons on skateboards to move from
horizontal to vertical and back to horizontal. Sludge shall mean solids removed from sewage during wastewater
treatment and then disposed of by incineration, dumping, burial, or land application.
Solid Waste shall mean waste materials consisting of garbage, trash, refuse, rubble, sewage, offal, dead
animals, or paunch manure.
Specified Anatomical Areas shall mean anatomical areas consisting of less than completely and opaquely
covered human genitals, buttock, or female breast(s) below a point immediately above the top of the areola.
Specified Sexual Activities shall mean sexual activities prohibited by state law.
Spot Zoning shall mean an arbitrary zoning or rezoning of a small tract of land that is not consistent with
the comprehensive land use plan and primarily promotes the private interest of the owner rather than the general
welfare. Spot zoning usually results from an upzoning to a more intensive use classification.
Standard System shall mean a sewage treatment system employing a building sewer, septic tank, and a
standard soil absorption system.
ORDINANCE NO. 9294 (Cont.)
- 21 -
State shall mean the State of Nebraska.
Storage shall mean the keeping, in a roofed or unroofed area, of any goods, junk, material, merchandise, or
vehicles on the same tract or premises for more than thirty (30) days.
Storm Drain shall mean a conduit that carries natural storm and surface water drainage but not sewage and
industrial wastes, other than unpolluted cooling water.
Stormwater Detention shall mean any storm drainage technique that retards or detains runoff, such as a
detention or retention basin, parking lot storage, rooftop storage, porous pavement, dry wells, or any combination
thereof. Said detention shall be designed by a licensed professional engineer and approved by the City.
Stormwater Management shall mean the collecting, conveyance, channeling, holding, retaining,
detaining, infiltrating, diverting, treating, or filtering of surface water, or groundwater, and/or runoff, together with
applicable managerial (non-structural) measures. Stormwater Runoff shall mean surplus surface water generated by rainfall that does not seep into the earth
but flows over land to flowing or stagnant bodies of water.
Story, One-Half shall mean the same as "Half-Story".
Street shall mean a public thoroughfare or right-of-way dedicated, deeded, or condemned for use as such,
other than an alley, which affords the principal means of access to abutting property including avenue, place, way,
drive, lane, boulevard, highway, road and any other thoroughfare except as excluded in this chapter.
Street, Arterial shall mean a street of considerable continuity connecting various sections of the City,
designated as an arterial street on the official street plan of the City.
Street, Collector shall mean a street or highway that is intended to carry traffic from minor streets to major
streets. Collector streets are usually the principal entrance streets to residential developments and the streets for
circulation within the development as designated in the Comprehensive Development Plan.
Street, Curvilinear shall mean local streets that deviate from straight alignment and change direction
without sharp corners or bends.
Street, Local shall mean a street designed for local traffic that provides direct access to abutting
residential, commercial, or industrial properties.
Street, Looped shall mean a continuous local street without intersecting streets and having its two (2)
outlets connected to the same street.
Streets, Major shall mean a street or highway used primarily for fast or high volume traffic, including
expressways, freeways, boulevards, and arterial streets as designated in the Comprehensive Development Plan.
Street, Private shall mean an open, unoccupied space, other than a street or alley dedicated to the public,
but permanently established as the principal means of vehicular access to abutting properties. The term "private street" includes the term "place."
Street, Side shall mean that street bounding a corner or reversed corner lot and which extends in the same general direction as the line determining the depth of the lot.
Street Centerline shall mean the centerline of a street right-of-way as established by official surveys.
Street Frontage shall mean the distance for which a lot line of a zone lot adjoins a public street, from one
lot line intersecting said street to the furthest distant lot line intersecting the same street.
Street, Frontage Access shall mean a street parallel and adjacent to a major street, major inter -regional
highway, or major collection road and primarily for service to the abutting properties, and being separated from the
major street by a dividing strip.
Street Hardware shall mean man-made objects other than buildings that are part of the streetscape.
Examples are: lamp posts, utility poles, traffic signs, benches, litter containers, planting containers, letter boxes, fire
hydrants.
Street Line shall mean a dividing line between a lot, tract, or parcel of land and the contiguous street.
Streetscape shall mean the scene as may be observed along a public street or way composed of natural and
man-made components, including buildings, paving, plantings, street hardware, and miscellaneous structures.
Structure shall mean anything constructed or built, any edifice or building of any kind, or any piece of
work artificially built up or composed of parts joined together in some definite manner, which requires location on
the ground or is attached to something having a location on the ground, including swimming and wading pools and
covered patios, signs and towers, excepting outdoor areas such as paved areas, walks, tennis courts, and similar
recreation areas.
Structure, Temporary shall mean a structure without any foundation or footing and removed when the
designated time period, activity, or use for which the temporary structure was erected has ceased.
ORDINANCE NO. 9294 (Cont.)
- 22 -
Structural, Alteration shall mean any change in the support members of a building, such as in a bearing
wall, column, beam or girder, floor or ceiling joists, roof rafters, roof diaphragms, foundations, piles, or retaining
walls or similar components.
Subdivision shall mean the division of a lot, tract, or parcel of land into two (2) or more lots, sites, or other
divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development,
provided that the smallest lot created by the division is less than ten (10) acres in size.
Surface Waters shall mean all waters within the jurisdiction of this state, including all streams, lakes,
ponds, impounding reservoirs, marshes, wet lands, watercourses, waterways, springs, canal systems, drainage
systems, and all other bodies or accumulations of water, natural or artificial, public or private, situated wholly or
partly within or bordering upon the state.
(T) Tanning Studio shall mean any business that uses artificial lighting systems to produce a tan on an
individual’s body. These facilities may be either a stand-alone business or as an accessory use in spas, gymnasiums,
athletic clubs, health clubs, and styling salons. This use is not included with any type of adult establishment.
Tattoo Parlor / Body Piercing Studio shall mean an establishment whose principal business activity is the
practice of tattooing and/or piercing the body of paying customers.
Tavern (See Bar.)
Temporary Use shall mean a use intended for limited duration to be located in a zoning district not
permitting such use.
Theater shall mean a building or structure used for dramatic, operatic, motion pictures, or other
performance, for admission to which entrance money is received and no audience participation or meal service.
Tower see definition in §36-169 of this chapter.
Townhouse shall mean a one-family dwelling unit, with a private entrance, which part of a structure whose
dwelling units are attached horizontally in a linear arrangement, and having a totally exposed front and rear wall to
be used for access, light, and ventilation.
Trailer, Automobile see definition in §22-1 of this code.
Truck Repair shall mean the repair, including major mechanical and body work, straightening of body
parts, painting, welding, or other work that may include noise, glare, fumes, smoke, or other characteristics to an
extent greater than normally found in gasoline service stations, of trucks having a hauling capacity of over one (1)
ton and buses but excluding pickups and other vehicles designed for the transport of under eight (8) passengers.
(U)
Upzoning shall mean a change in zoning classification of land to a more intensive or less restrictive district
such as from residential district to commercial district or from a single family residential district to a multiple family residential district.
Use shall mean the purpose or activity for which land or buildings are designed, arranged, or intended or
for which land or buildings are occupied or maintained.
Use, Best shall mean the recommended use or uses of land confined in an adopted comprehensive plan.
Such use represents the best use of public facilities, and promotes health, safety and general welfare.
Use, Highest shall mean an appraisal or real estate market concept that identifies the use of a specific tract
of land that is most likely to produce the greatest net return on investment.
Use, Permitted shall mean any land use allowed without condition within a zoning district.
Use, Principal shall mean the main use of land or structure, as distinguished from an accessory use. (Also,
see Building, Principal.)
Use, Prohibited shall mean any use of land, other than nonconforming, which is not listed as a permitted
use or conditional use within a zoning district.
Utilitarian Structure shall mean a structure or enclosure relating to mechanical or electrical services to a
building or development.
Utility Easement shall mean the same as "Easement".
Utility Hardware shall mean devices such as poles, crossarms, transformers and vaults, gas pressure
regulating assemblies, hydrants, and buffalo boxes that are used for water, gas, oil, sewer, and electrical services to a
building or a project.
Utilities, Overhead or Undergr ound "Local Distribution" System of shall mean the local service
distribution circuit or lines and related appurtenances served from a substation, town border station, reservoir, or
terminal facility which is served from a main supply line, main transmission line, or main feeder line as may be
ORDINANCE NO. 9294 (Cont.)
- 23 -
applicable to electric, communications, gas, fuel, petroleum, fertilizer, or other chemical utilities. Local electric
distribution systems shall be limited to include all lines and appurtenances carrying a primary voltage of less than
161 KV from an electric transformer substation to the consumer. The local telephone distribution system shall be
limited to include the local exchange lines, the local toll lines, and the local communications equipment facilities
structure.
Utilities, Overhead or Underground "Transmission Line, Supply Line, Wholesale Carrier or Trunk
Line, Main Feeder Line" or other applicable designation shall mean the main supply or feeder line serving a local
distribution system of utilities, and shall include but is not limited to pumping stations, substations, regulating
stations, generator facilities, reservoirs, tank farms, processing facilities, terminal facilities, towers, and relay
stations, and treatment plants.
Utility Service shall mean any device, including wire, pipe, and conduit, which carries gas, water, electricity, oil, wastewater and communications into a building or development.
(V)
Variance shall mean a relief from or variation of the provisions of this chapter, other than use regulations,
as applied to a specific piece of property, as distinct from rezoning.
Vegetation shall mean all plant life; however, for purposes of this chapter it shall be restricted to mean
trees, shrubs, and vines.
Vehicle shall mean every device in, upon, or by which any person or property is or may be transported or
drawn upon a highway, excepting devices moved solely by human power or used exclusively upon stationary rails
or tracks.
Vehicle, Motor (See Motor Vehicle.)
(W)
Warehouse shall mean a building used primarily for the storage of goods and materials.
Warehouse and Distribution shall mean a use engaged in storage, wholesale, and distribution of
manufactured products, supplies, and equipment.
Waste Handling System shall mean any and all systems, public or private, or combination of said
structures intended to treat human or livestock excrement and shall include the following types of systems:
(A) Holding pond shall mean an impoundment made by constructing an excavated pit, dam, embankment
or combination of these for temporary storage of liquid livestock wastes, generally receiving runoff from
open lots and contributing drainage area.
(B) Lagoon shall mean an impoundment made by constructing an excavated pit, dam, embankment or
combination of these for treatment of liquid livestock waste by anaerobic, aerobic or facultative digestion. Such impoundment predominantly receives waste from a confined livestock operation.
(C) Liquid manure storage pits shall mean earthen or lined pits located wholly or partially beneath a semi or totally housed livestock operation or at some removed location used to collect waste production.
(D) Sediment shall mean a pond constructed for the sole purpose of collecting and containing sediment.
Wastewater Lagoon (See Lagoon.)
Waters of the State shall mean all waters within the jurisdiction of this state, including all streams, lakes,
ponds, impounding reservoirs, marshes, wetlands, watercourses, waterways, wells, springs, irrigation systems,
drainage systems, and all other bodies or accumulations of water surface or underground, material or artificial,
public or private, situated wholly within or bordering upon the state.
Wetland shall mean an area that is inundated or saturated by surface water or ground water at a frequency
and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation
typically adapted for life in saturated soiled conditions, commonly known as hydrophytic vegetation.
Wholesale Establishment shall mean an establishment for the on-premises sale of goods primarily to
customers engaged in the business of reselling the goods.
Wholesale Trade shall mean a use primarily engaged in selling merchandise to retailers; to industrial,
commercial, institutional, farm or professional business users; or to other wholesalers; or acting as agents or brokers
in buying merchandise for or selling merchandise to such persons or companies. The principal types of
establishments included are: Merchant wholesalers; sales branches and sales offices (but not retail stores)
maintained by manufacturing enterprises apart from their plants for the purpose of marketing their products; agents,
merchandise or commodity brokers, and commission merchants; petroleum bulk storage, assemblers, buyers, and
associations engaged in cooperative marketing of farm products. The chief functions of uses in wholesale trade are
selling goods to trading establishments, or to industrial, commercial, institutional, farm and professional; and
bringing buyer and seller together. In additional to selling, functions frequently performed by wholesale
ORDINANCE NO. 9294 (Cont.)
- 24 -
establishments include maintaining inventories of goods; extending credit; physically assembling, sorting and
grading goods in large lots, breaking bulk and redistribution in smaller lots; delivery; refrigeration; and various types
of promotion such as advertising and label designing.
(X)
(Y)
Yard shall mean any open space on the same lot with a building or a dwelling group, which open space is
unoccupied and unobstructed from the ground upward to the sky, except for building projections or for accessory
buildings or structures permitted by this chapter.
Yard , Front shall mean a space between the front yard setback line and the front lot line or highway
setback line, and extending the full width of the lot. On corner lots, the front yard shall always be on the narrow side
of the lot. Yard , Rear shall mean a space between the rear yard setback line and the rear lot line, extending the full
width of the lot.
Yard , Side shall mean a space extending from the front yard, or from the front lot line where no front yard
is required by this chapter, to the rear yard, or rear lot line, between a side lot line and the side yard setback line.
(Z)
Zone Lot shall mean a parcel of land in single ownership that is of sufficient size to meet minimum zoning
requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by this
chapter.
Zoning Official shall mean the person or persons authorized and empowered by the city to administer and
enforce the requirements of this chapter.
Zoning District shall mean the same as "District".
Zoning District, Change of shall mean the legislative act of removing one (1) or more parcels of land from
one (1) zoning district and placing them in another zoning district on the Official Zoning Map.
Amended by Ordinance No. 8976, effective 06-08-2005 Amended by Ordinance No. 9208, effective 04-08-2009
Amended by Ordinance No. _____, effective 05/25/2011
Formatted: Indent: First line: 0.5"
ORDINANCE NO. 9294 (Cont.)
- 25 -
ORDINANCE NO. 9294 (Cont.)
- 26 -
SECTION 2. Section 36-8 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 3. Section 36-22 of the Grand Island City Code is hereby amended to
read as follows:
§36-22. Yard Requirements
(A) Yard requirements shall be set forth under the Schedule of Lot, Yard, and Bulk Requirements for each
zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated
and shall be unobstructed from the ground level to the sky, except as herein permitted.
(B) All accessory buildings that are attached to principal buildings (e.g., attached garages) shall comply
with the yard requirements of the principal building, unless otherwise specified.
(C) Front Yard: There shall be a front yard setback as required herein, provided, that where fifty percent or
more of the frontage on one street in any block is built up with buildings, no new building setback shall be less than
either the required setback or the setback of any existing building which next exceeds the required setback,
whichever is greater. This regulation shall not require a setback of more than 50 feet, and in blocks where the lots
have a street frontage of 100 feet or more the regulation shall not require a setback of more than 30 feet.
(D) Side Yard: Any interior side yard may be reduced to zero; provided, that the opposite side yard meets
the required interior side yard setback. Where the zero side yard setback is used, the abutting property must be held
under the same ownership at the time of initial construction or the owners of the abutting property must be agreeable
to the zero setback. A separation of not less than ten (10) feet shall be provided between adjacent structures on
abutting sites where the zero side yard setback is utilized. This requirement shall not apply in an RD Zone or where
the same interior property line is utilized for zero side yard construction on both properties. For the purpose of upkeep and repair of structures located on an interior property line, a four (4) foot
maintenance easement shall be recorded between the owner of the property containing said structure and the owner of the property upon which entry must take place in order to perform maintenance activities. Such easement shall be
an irrevocable covenant and shall run with the land. Proof of said recorded easement shall be submitted to the
Building Department prior to issuance of a building permit. Amended by Ordinance No. 8947, effective 1-5-2005
Amended by Ordinance No. _____, effective 5-25-2011
SECTION 4. Section 36-22 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 5. Section 36-24 of the Grand Island City Code is hereby amended to
read as follows:
§36-24. Interpretation of These Regulations
The planning director and chief building official together are hereby authorized and directed to enforce the provisions of this code. The planning director and building official together shall have the
authority to render interpretations of this code to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the
intent and purpose of this code. Such policies and procedures shall not have the effect of waiving
requirements specifically provided for in this code.
Amended by Ordinance No. _____, effective 05-25-2011
ORDINANCE NO. 9294 (Cont.)
- 27 -
SECTION 6. Section 36-24 as now existing, and any ordinan ces or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 7. 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 bulk
propane tanks not to exceed 70,000 gallons and when such tanks are installed to provide a source of heat for a
building on the lot.
(3) Bus Garaging and Equipment Maintenance, Truck and Trailer Storage, Motor Freight Terminals
(4) Other uses found in Zoning Matrix [Attachment A hereto]
(B) Conditional Uses: The following uses are subject to any conditions listed in this chapter and are subject to other condition s 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:
Formatted: Indent: First line: 0.5"
ORDINANCE NO. 9294 (Cont.)
- 28 -
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.
(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 unassembled 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.
Amended by Ordinance No. 9047, effective 6-7-2006
Amended by Ordinance No. 9154, effective 1-8-2008 Amended by Ordinance No. _____, effective 5-25-2011
SECTION 8. Section 36-71 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
SECTION 9. Section 36-78 of the Grand Island City Code is hereby amended to
read as follows:
§36-78. (RD) Residential Development Zone
(A) Intent : The intent of this zoning district is to permit a more flexible regulation of land use, and so as to more
fully implement comprehensive planning for large parcels of land proposed predominantly for residential use.
(B) Boundaries: The boundaries of RD-Residential Development Zone shall be fixed by amendment of the Official
Zoning Map at such times in the future as such zoning district is applied to properties within the City's zoning
jurisdiction.
(C) Limitations:
(1) In a (RD) Residential Development Zone there shall be provided a minimum size of 1.5 acres.
(2) Any proposed development shall be constructed in accordance with an overall plan of development.
(3) Any proposed plan of development shall be designed as a single architectural scheme with appropriate
common landscaping.
(4) Adequate parking space shall be provided for all residential units and for all employee's, visitor's, and user's
vehicles, and such parking, loading, or service areas that shall be used for motor vehicles, and shall be located
within the boundary lines of the (RD) Residential Development Zone, and shall be physically separated from
any public street, right -of-way, or property line by a buffer strip of not less than 30 feet.
(5) No residential building or other permanent residential structure, nor parking lot, shall be located within 30 feet of any public street, right-of-way, or property line.
Formatted: Right
ORDINANCE NO. 9294 (Cont.)
- 29 -
(6) The maximum ground coverage shall not exceed 30 percent of the property within the (RD) Residential
Development Zone.
(7) The minimum off-street parking requirement shall be two parking spaces for every dwelling unit, plus one
for each full-time employee.
(8) In the alternative to complying with the 30 foot buffer strip or setback as identified in subsections (4) and (5)
above, a ten (10) foot wide landscaped screen compliant with the installation requirements of Section 36-102
shall be followed.
(D) Ownership: A (RD) Residential Development Zone shall require a tract of land which is developed as a unit
under single designated control by a common ownership at the time it is certified as an (RD) Residential
Development Zone.
(E) Permitted Principal Uses: The following principal uses are permitted in the (RD) Residential Development Zone.
(1) Uses as listed under permitted principal us es of the (TA) Transitional Agricultural Zone, (R-1) Suburban
Residential Zone, (R-2) Low Density Residential Zone, (R -3) Medium Density Residential Zone, and (R-4)
High Density Residential Zone except as listed under specifically excluded uses.
(2) Nonprofit community buildings and social welfare establishments other than those providing living
accommodations.
(3) All other Permitted Principal Uses indicated as permitted within the Zoning Matrix [Attachment A hereto].
(F) Conditional Uses : The following uses are subject to any conditions listed in this chapter and are subject to other
conditions relating to the placement of said use on a specific tract of ground in the (RD) Residential Development
Zone as approved by City Council.
(1) Towers
(2) Nursing, convalescent & rest home services
(3) Residential assisted living, retirement or assisted living
(4) All other Conditional Uses indicated as permitted within the Zoning Matrix [Attachment A hereto]
(G) Permitted Accessory Uses:
(1) Buildings and uses accessory to the permitted principal use
(H) Specifically Excluded Uses:
(1) Railway right-of-way, including railway yards or facilities.
(2) Truck, bush, and tree farming.
(3) Boarding and lodging housing, fraternity and sorority houses.
(4) Nonprofit community buildings and social welfare establishments providing living accommodations. (5) Nonresidential uses.
(I) Procedure: (1) An application to establish a (RD) Residential Development Zone shall be initiated in the manner prescribed
in Article X of this chapter.
(2) Said application shall be filed with the city clerk in such form as shall be required by the city council and
shall be accompanied by the following information:
(a) Site plan showing preliminary location and dimensions of all building areas, recreation, green or
landscaped areas, parking and loading facilities, walkways or malls, screen walls, or plantings, waste
disposal areas, illumination facilities, signs, curb cuts, utilities and services, private or dedicated drives or
streets, etc.
(b) Preliminary drawings or renderings in sufficient detail so that the character of the development may be
determined.
(c) Evidence as to the methods of retaining, maintaining, and protecting the open space, green areas,
recreational facilities, etc.
(d) Development schedule as to construction phases of buildings, open space, recreational areas, parking
facilities, etc., and estimated completion time.
(e) Evidence of ownership or control of the entire parcel to be used as a planned unit development by a
single person, association, firm, etc., as defined herein.
(f) Evidence of economic feasibility. A copy of such application and supplementary information shall then
be forwarded by the city clerk to the Planning Commission for review, hearing, and recommendation.
(3) In reviewing the application for amendment herein, the Planning Commission shall determine the following
factors.
ORDINANCE NO. 9294 (Cont.)
- 30 -
(a) That the proposed development will be in the public interest, in harmony with the purpose of this
chapter and with comprehensive plans for the City, and will not adversely affect nearby property.
(b) That adequate, safe, and convenient pedestrian and vehicular trafficways and facilities are provided.
(c) That the development to be permitted shall be for the purpose of developing an integrated site plan in
conformity with the regulations for a (RD) Residential Development Zone.
(4) The Planning Commission shall hold a public hearing on the proposed amendment and shall transmit its
recommendation to the city council. A copy of the recommendation shall be sent to the applicant and one copy
shall be retained in the permanent files of the Planning Commission.
(5) Procedure and action by the city council shall be the same in considering an amendment to the (RD)
Residential Development Zone as in Article X of this chapter.
(J) Miscellaneous Provisions: (1) It is intended that plans required for review and approval must be in a form that will satisfy the requirements
of Chapter 33 of this code for both the preliminary and final plat, and that approval for plans and plats be
considered simultaneously.
(2) The approved and filed final plan and plat shall be the basis for issuance of a building permit in conformity
therewith. Plan changes which increase the number of buildings, increase building height or bulk, or change the
location of buildings or other features which materially affect the basic design of the development shall require
resubmission of the amendment. Minor adjustments in orientation, height or bulk of buildings, or decrease in
the number of buildings may be approved by the Planning Director.
(3) Should any successful applicant for an amendment hereunder fail to have completed the construction of the
footings and foundations for the initial building permit within eighteen (18) months after the city council shall
approve a rezoning to a (RD) Residential Development Zone, the area in its entirety shall be reverted to its
former zoning classification by appropriate action of the city council, provided, that the city council shall have
the power to extend said period by six months in the event of special and unique hardships and circumstances.
(4) Control of the development following completion:
(a) The chief building official shall issue a certificate certifying the completion of the planned
development, and shall note the issuance of the certificate on the final development plan.
(b) After the certificate of completion has been issued, the use of land and the construction, modification,
or alteration of any buildings or structures within the residential development will be governed by the
approved final development plan exclusively.
(c) After the certificate of completion has been issued, no changes may be made in the approved final
development plan except upon application to the appropriate agency under the procedures provided below. (i) Any minor extensions, alterations, or modifications of existing buildings or structures may be
authorized by the Planning Director if they are consistent with the purposes and intent of the final plan. No change authorized by this subsection may increase the density of any building or structure by more
than ten percent.
(ii) A building or structure that is totally or substantially destroyed may be reconstructed only in
compliance with the final development plan unless an amendment to the final development plan is
approved under subsection (iii) hereof.
(iii) All other changes in the final development plan as approved by the city council must be made by
the city council under the procedures authorized under Article X of this chapter. No changes may be
made in the final development plan unless they are found by the city council to be required for the
continued successful functioning of the residential development, or unless they are found by the city
council to be required by changes in conditions that have occurred since the final plan was approved or
by changes in the comprehensive planning and development policy of the City.
Amended by Ordinance No. 8976, effective 06-08-2005 Amended by Ordinance No. _____, effective 05-25-2011
SECTION 10. Section 36-78 as now existing, and any ordinances or parts of
ordinances in conflict herewith be, and hereby are, repealed.
ORDINANCE NO. 9294 (Cont.)
- 31 -
SECTION 11. 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 12. That this ordinance shall be in force and take effect from and after
its passage and publication in pamphlet form within fifteen (15) days according to law.
Enacted: May 10, 2011.
____________________________________
Jay Vavricek, Mayor
Attest:
________________________________
Shannon Oster, Assistant to the City Administrator
Item G1
Approving Minutes of April 26, 2011 City Council Regular Meeting
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL REGULAR MEETING
April 26, 2011
Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of
Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First
Street, on April 26, 2011. Notice of the meeting was given in The Grand Island Independent on
April 20, 2011.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following City Council
members were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert,
Mitch Nickerson, Linna Dee Donaldson, and Scott Dugan. Councilmember’s Randy Gard and
John Gericke were absent. The following City Officials were present: City Administrator Mary
Lou Brown, City Clerk RaNae Edwards, Interim City Attorney Jason Eley, and Public Works
Director John Collins.
INVOCATION was given by Pastor Diane Covey, Spirit of Life Church, 2304 Macron Street
followed by the PLEDGE OF ALLEGIANCE.
MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council
members Lauren Cantrell and Emma Kreutzer.
Finance Director Mary Lou Brown presented the March Financial Report. Revenues were under
running in the amount of $425,000 for March. Sales tax receipts had dropped in the amount of
$200,000. Food and beverages tax were coming in strong. Gas taxes were coming in as expected.
Mentioned were declines on the expense side due to several openings throughout the
organization and delayed purchases of vehicles which made up this offset.
PRESENTATIONS AND PROCLAMATIONS:
Proclamation “National Drinking Water Week 2011, May 1-7 2011. Mayor Vavricek proclaimed
the week of May 1-7, 2011 as “National Drinking Water Week 2011”. Utilities Director Tim
Luchsinger was present to receive the proclamation.
PUBLIC HEARINGS:
Public Hearing on Request from Iglesia Ebeneezer Church for a Conditional Use Permit for a
New Church Facility Located at 502 East Capital Avenue. Craig Lewis, Building Department
Director reported that an application for a conditional use permit had been received from Pastor
Renee Lopez of Iglesia Ebeneezer Church for the construction and operation of a church located
at 502 East Capital Avenue. Staff recommended approval contingent upon final inspections. Deb
Stoltenberg, 515 East Capital Avenue mentioned concerns with traffic, parking and noise. Bruce
Kleint representing Husker Sales and Construction spoke in support. No further public testimony
was heard.
Public Hearing on Acquisition of Utility Easement Located South of the Intersection of 7th Street
and Sky Park Road (Harold & Jeanette Schmader). Utilities Director Tim Luchsinger reported
that acquisition of a utility easement located south of the intersection of 7th Street and Sky Park
Page 2, City Council Regular Meeting, April 26, 2011
Road was needed in order to have access to install, upgrade, maintain, and repair appurtenances,
including lines and transformers for the purpose of placing underground conduit, conductor, and
a pad-mounted transformer to provide the electricity needed for the expansion of Midwest
Hydraulic Services at 1925 East 4th Street. Staff recommended approval. No public testimony
was heard.
CONSENT AGENDA: Consent Agenda items G-10 and G-11 were removed for further
discussion. Motion by Ramsey, second by Niemann to approve the Consent Agenda excluding
items G-10 and G-11. Upon roll call vote, all voted aye. Motion adopted.
Approving Minutes of April 12, 2011 City Council Regular Meeting.
Approving Minutes of April 19, 2011 City Council Study Session.
Receipt of Official Documents – Pawnbroker’s Official Bonds for G.I. Loan Shop.
#2011-93 – Approving Acquisition of Utility Easment Located South of the Intersection of 7th
Street and Sky Park Road (Harold & Jeanette Schmader).
#2011-94 – Approving Bid Award for Water Main Project 2011-W-1 – 7th Street and Clark
Street with the Diamond Engineering Company of Grand Island, Nebraska in an Amount of
$206,907.32.
#2011-95 – Approving Bid Award for GT #1 Combustion Turbine Enclosure Painting with
Lindner Painting, Inc. of Lincoln, Nebraska in an Amount of $73,370.00.
#2011-96 – Approving Parkview Well Superfund Site, Access Agreement Amendment #3.
#2011-97 – Approving EPA Representation Agreement – Assigning New Designated
Representative Tim Luchsinger and Alternate Designated Representative Emily Muth.
#2011-98 – Approving Change Order No. 1 for Handicap Ramp Project No. 2010-1 with The
Diamond Engineering Company of Grand Island, Nebraska for an Increase of $11,870.00 and a
Revised Contract Amount of $181,201.42.
#2011-101 – Approving Juvenile Attention Center Interlocal Agreement with Hall County.
#2011-102 – Approving Change Order No. 1 for Fence Installation at the Veterans Athletic Field
Complex with Elkhorn Fence Co. LLC from Elkhorn, Nebraska for an Increase of $650.00 and a
Revised Contract Amount of $26,702.00.
#2011-103 – Approving Certificate of Final Completion for Fence Installation at the Veterans
Athletic Field Complex with Elkhorn Fence Co. LLC from Elkhorn, Nebraska.
#2011-104 – Approving Certificate of Final Completion for Relocation and Reconstruction of
Multi Purpose Building at the Veterans Athletic Field Complex with Tri Valley Builders of
Grand Island, Nebraska.
Page 3, City Council Regular Meeting, April 26, 2011
#2011-105 – Approving Changes to the 2010-2011 Fee Schedule Relative to Vehicle Auction
Bid Fee.
#2011-106 – Approving Appointment of Timothy Luchsinger as Representative to the Nebraska
Habitat Conservation Coalition.
#2011-107 – Approving Contract for Program Prioritization Budget Process with the National
Environmental Health Association d/b/a the Center for Priority Based Budgeting of Denver
Colorado in an Amount not to exceed $10,000 for FY 2011/2012.
#2011-108 – Approving Amendment to Deferred Compensation Plan with ICMA-RC.
#2011-109 – Approving Contract for Concession Stand Operations at Veterans Athletic Field
Complex with Jose Y. Ramos of Grand Island, Nebraska.
#2011-99 – Approving Closing of Elm Street Crossing at the Union Pacific Railroad. Public
Works Director John Collins reported this was part of the Quiet Zone Improvement Project;
Phase I. Closing Elm Street would not occur until planned improvements were completed at
Walnut, Street, Pine Street and Oak Street.
Discussion was held regarding the time line for closing Elm and notice to surrounding
businesses. Mr. Collins stated there would probably be more than a years notice. Traffic flow on
Elm Street was mentioned. Detour to several parallel streets would be used if the underpass was
closed.
Motion by Dugan, second by Niemann to approve Resolution #2011-99. Upon roll call vote, all
voted aye. Motion adopted.
#2011-100 – Approving Wastewater Cost of Service Based Rate Study Report by Black &
Veatch Corporation of Kansas City, Missouri. Public Works Director John Collins reported that
the final waste water cost of service based rate study report was now complete and ready for
council approval.
Discussion was held regarding the timing of implementation of the new nitrate fees. Mr. Collins
stated they could set the schedule as directed by the City Council. Questioned was that rate
increase were for Capital Projects and would this fee go away after the Capital Projects were
paid for. Mr. Collins stated that was the plan.
Motion by Gilbert, second by Niemann to approve Resolution #2011-100. Upon roll call vote, all
voted aye. Motion adopted.
REQUESTS AND REFERRALS :
Cons ideration of Request from Iglesia Ebeneezer Church for a Conditional Use Permit for a New
Church Facility Located at 502 East Capital Avenue. This item related to the aforementioned
Public Hearing.
Page 4, City Council Regular Meeting, April 26, 2011
Discussion was held regarding the use of this property if it was not a church. Mr. Lewis stated if
the property changed from being a church a new conditional use permit would need to be
approved. He also commented landscaping and other uses. Rene Lopez, Pastor for Iglesia
Ebeneezer Church answered questions concerning completion of the project. He stated they were
phasing in the project and it would take approximately 2 years to complete. Concerns about noise
were addressed.
Motion by Dugan, second by Haase to approve the request from Iglesia Ebeneezer Church for a
Conditional Use Permit for a new church facility located at 502 East Capital Avenue. Upon roll
call vote, all voted aye. Motion adopted.
PAYMENT OF CLAIMS:
Motion by Dugan, second by Nickerson to approve the Claims for the period of April 13, 2011
through April 26, 2011, for a total amount of $3,664,260.58. Unanimously approved.
Motion by Dugan, second by Nickerson to approve the Claims for the Period of April 13, 2011
through April 26, 2011 for the Veterans Athletic Field Complex for a total amount of
$20,840.00. Unanimously approved.
ADJOURN TO EXECUTIVE SESSION: Motion by Gilbert, second by Ramsey to adjourn to
Executive Session at 7:37 p.m. for the purpose of union negotiation updates for the protection of
the public interest. Upon roll call vote, all voted aye. Motion adopted.
RETURN TO REGULAR SESSION: Motion by Gilbert, second by Ramsey to return to Regular
Session at 9:40 p.m. Upon roll call vote, all voted aye. Motion adopted.
ADJOURNMENT: The meeting was adjourned at 9:40 p.m.
RaNae Edwards
City Clerk
Item G2
Approving Minutes of May 3, 2011 City Council Study Session
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
May 3, 2011
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
May 3, 2011. Notice of the meeting was given in the Grand Island Independent on April 27,
2011.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following Councilmember’s
were present: Chuck Haase, Larry Carney, Bob Niemann, Kirk Ramsey, Peg Gilbert, Mitch
Nickerson, Linna Dee Donaldson, and Randy Gard. Councilmember John Gericke and Scott
Dugan were absent. The following City Officials were present: City Administrator Mary Lou
Brown, City Clerk RaNae Edwards, Interim City Attorney Jason Eley, and Public Works
Director John Collins.
PLEDGE OF ALLEGIANCE was said.
MAYOR COMMUNICATION: Mayor Vavricek introduced Community Youth Council
members Ava Mackey, Jessica Wiens, Michael Hollman, and Jackson Buck. Mayor commented
on CIR reform legislation to be heard before the Legislature tomorrow.
OTHER ITEMS:
Update on Lincoln Park Pool & Readout from Lincoln Park Neighborhood Meeting. Regional
Planning Director Chad Nabity reported that on August 12, 2010 the City Council charged the
Community Redevelopment Authority (CRA) with studying the impact of the Lincoln Park Pool
on the surrounding neighborhood of the pool. On November 30, 2010 over 60 people attended a
meeting held at Lincoln School. Presented were reasons for the meeting and results from that
meeting as they related to living in the neighborhood.
Parks and Recreation Director Steve Paustian presented plans and projected costs for renovation
of the pool.
The following improvement costs were presented:
· Filter System & Chemical Treatment $ 261,000.00
· Circulation System & Deck Renovation $ 505,000.00
· Zero Depth Addition $ 165,000.00
· New Pool $1,462,000.00
· New Slide $ 277,000.00
· Remodel Bathhouse $ 213,000.00
· New Bathhouse $ 561,000.00
Page 2, City Council Study Session, May 3, 2011
Discussion was held concerning moving the pool to Lions Club Park. Mr. Nabity stated it was
not discussed at the neighborhood meeting. Mr. Paustian answered questions concerning wading
pools.
The following options were presented:
· Renovate Existing Bathhouse & Pool Basin $1,421,000.00
· Renovate Existing Basin with New Bathhouse $1,794,000.00
· New Pool & Bathhouse $2,371,000.00
· Wading Pool Integration $2,371,000.00
· Lions Club Park Relocation $2,440,000.00
The following seven financing options were presented:
1. Do Nothing
2. Pay from Cash Balance
3. Put General Obligation Bond Issue on May 2012 General Election
4. Put General Obligation Bond Issue on Special Election
5. Grand Island Facilities Corporation Issues Bonds
6. Grand Island CRA Issue TIP Bonds
7. Private Donations/Fundraising
Discussion was held concerning uses of the pool. Mr. Paustian stated swimming lessons, pool
parties, evening swimming lessons, and life guard training/certification were the main uses.
Recreation Superintendent Todd McCoy answered questions concerning the number of
swimmers. Stated were approximately 6,500 swimmers and 900 lessons each summer. Revenues
were approximately $30,000 with the City subsidizing approximately $25,000. Lincoln Park
Pool prices were $2.25 per person and Island Oasis was $6.00 per person. The life of a new pool
would be between 25 to 30 years.
City Administrator Mary Lou Brown commented that the next step would be for council to make
a decision early in the budget process. All recreational activities wo uld be taken into account at
that time.
Comments were made by Council concerning the importance of a pool in this area. Putting this
issue to a vote of the people was recommended which would increase taxes. Needs and wants
were mentioned relative to the budget constraints. An indoor pool was also mentioned.
ADJOURNMENT: The meeting was adjourned at 8:20 p.m.
RaNae Edwards
City Clerk
Item G3
#2011-110 - Approving Semi-Annual Report by the Citizens’
Review Committee on the Economic Development Program Plan
This item relates to the aforementioned Public Hearing Item E-5.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Mark Stelk, Chairman
City of Grand Island City Council
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-110
WHEREAS, Neb. Rev. Stat. §18-2715(3) and Grand Island City Code §2-110 require a
report by the Citizens’ Advisory Review Committee to the City Council at least once every six months on its
findings and suggestions on the administration of the Economic Development Plan; and
WHEREAS, a public hearing on the report submitted by the Citizens’ Advisory Review
Committee was held at a regular session of the Grand Island City Council on May 10, 2011; and
WHEREAS, said report gave information about the activities of the past six months that
have taken place pursuant to the Economic Development Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the semi-annual report of the Citizens’ Advisory
Review Committee is hereby accepted and approved.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Shannon Oster, Assistant to the City Administrator
Item G4
#2011-111 - Approving Final Plat and Subdivision Agreement for
American Independence Third Subdivision
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Chad Nabity
City of Grand Island City Council
Council Agenda Memo
From: Regional Planning Commission
Meeting: May 10, 2011
Subject: American Independence 3rd Subdivision – Final Plat
Item #’s: G-4
Presenter(s): Chad Nabity AICP, Regional Planning Director
Backgro und
This property is located north of 13th St., and west of Independence Ave. This final plat
proposes to create 2 lots on a tract of land consisting of all of Lot Eight (8), American
Independence Subdivision, in the City of Grand Island, in Hall County, Nebraska, said
tract containing .850 acres.
Discussion
The revised final plat for American Independence 3rd Subdivision was considered by the
Regional Planning Commission at the May 4, 2011 meeting. A motion was made by
Bredthauer and seconded by Reynolds to approve the plat as presented. A roll call vote
was taken and the motion passed with 7 members present (Amick, O’Neill, Ruge, Hayes,
Reynolds, Bredthauer, Snodgrass) voting in favor no member present abstaining.
Connelly recused herself from discussion and voting due to a conflict of interest.
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 final plat as presented.
Sample Motion
Move to approve as recommended.
American Independence Third Subdivision
Developer/Owner
Gary E. Valasek and Mary G. Valasek
4321 Michigan Ave
Grand Island NE 68803
To create 2 lots north of 13th St., and west of Independence Ave., in the City of Grand
Island, in Hall County, Nebraska.
Size: .850 acres
Zoning: R1 – Suburban Residential Zone
Road Access: City Roads
Water Public: City water is available
Sewe r Public: City sewer is available
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-111
WHEREAS, Gary E. Valasek and Mary G. Valasek, husband and wife, being the said
owners of the land described hereon, has caused same to be surveyed, subdivided, platted and
designated as “AMERICAN INDEPENDENCE THIRD SUBDIVISION”, to be laid out into 2 lots, a
tract of land comprising all of Lot Eight (8), American Independence Subdivision, in the City of Grand
Island, Nebraska West of the 6th P.M., in the City of Grand Island, Hall County Nebraska, and has
caused a plat thereof to be acknowledged by it; and
WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of
Education of the various school districts in Grand Island, Hall County, Nebraska, as required by
Section 19-923, R.R.S. 1943; and
WHEREAS, a form of subdivision agreement has been agreed to between the owner of
the property and the City of Grand Island.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement hereinbefore
described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf
of the City of Grand Island.
BE IT FURTHER RESOLVED that the final plat of AMERICAN INDEPENDENCE
THIRD SUBDIVISION, as made out, acknowledged, and certified, is hereby approved by the City
Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval
and acceptance of such plat by the City of Grand Island, Nebraska.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Shannon Oster, Assistant to the City Administrator
Item G5
#2011-112 - Approving Acquisition of Utility Easement - One Half
mile South of Wildwood Drive, West of South Locust Street, on the
North side of the Platte River (Schnase Farms, LLC)
This item relates to the aforementioned Public Hearing Item E-6.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-112
WHEREAS, a public utility easement is required by the City of Grand Island, from Schnase
Farms, LLC, to survey, construct, inspect, maintain, repair, replace, relocate, extend, remove, and operate
thereon, public utilities and appurtenances, including lines and transformers; and;
WHEREAS, a public hearing was held on May 10, 2011, for the purpose of discussing the
proposed acquisition of an easement located in the City of Grand Island, Hall County, Nebraska; and more
particularly described as follows:
Commencing at the southeast corner of the Northeast Quarter (NE1/4) Section Nine (9),
Township Ten (10) North, Range Nine (9) West; thence westerly along the southerly line
of the said Northeast Quarter (NE1/4), a distance of ninety six and nine hundredths
(96.09) feet to a point on the westerly right-of-way line of Locust Street; thence northerly
along the westerly right-of-way line of said Locust Street, a distance of twenty three
(23.0) feet to the ACTUAL Point of Beginning; thence westerly parallel to the southerly
line of the said Northeast Quarter (NE1/4), a distance of one thousand (1000.0) feet;
thence deflecting left 74°53’11” in a southwesterly direction, a distance of six hundred
forty five (645.0) feet.
The above-described easement and right-of-way containing a total of 0.76 acres, more or
less, as shown on the plat dated 4/14/2011, marked Exhibit "A", attached hereto and
incorporated herein by reference,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island be, and hereby is, authorized to
acquire a public utility easement from Schnase Farms, LLC, on the above-described tracts of land.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Shannon Oster, Assistant to the City Administrator
Item G6
#2011-113 - Approving Assistant Utilities Director Travis Burdett
as Alternate Board Member for the Public Power Generating
Agency (PPGA)
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Tim Luchsinger
City of Grand Island City Council
Council Agenda Memo
From: Timothy Luchsinger, Utilities Director
Meeting: May 10, 2011
Subject: Public Power Generating Agency; Board of Directors
Item #’s: G-6
Presenter(s): Timothy Luchsinger, Utilities Director
Background
At the Council meeting of October 11, 2005, then-Assistant Utilities Director Tim
Luchsinger and Utilities Director Gary Mader were appointed to the Board of Directors
of the Public Power Generating Agency, as the City of Grand Island’s Board
Representative and Alternate Board Representative, respectively. The PPGA Board of
Directors is the governing body created as an Inter-local Agreement between the City of
Grand Island, Hastings Utilities, Nebraska City Utilities, Municipal Energy Agency of
Nebraska, and Heartland Consumers Power District for the Whelan Energy Center Unit 2
project that recently was completed in Hastings, Nebraska. As Gary Mader retired on
April 22, 2011, it is necessary to appoint a new alternate board member in order to ensure
that the Board has sufficie nt attendance to conduct business at all times. The Department
recommends the appointment of Travis Burdett as this alternate board member to replace
Mr. Mader. Mr. Burdett is the Assistant Utilities Director in charge of electric
transmission and power supply for the Department and is active in the City’s
participation in Omaha Public Power District’s Nebraska City Unit 2.
Discussion
In the event that a Board member is unable to attend a business meeting, the appointed
alternate would be authorized to act on behalf of the participating utility.
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 Assistant Utilities Director Travis Burdett be
designated as the PPGA City of Grand Island Alternate Board Member.
Sample Motion
Move to appoint Travis Burdett as the City of Grand Island alternate representative to the
Public Power Generating Agency Board of Directors.
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-113
WHEREAS, the City of Grand Island is a project participant in the Whelan Energy Unit
No. 2 Power Plant constructed in Hastings, Nebraska; and
WHEREAS, the Public Power Generating Agency is the governing body of the power plant
project; and
WHEREAS, on October 11, 2005, by Resolution 2005-297, the City Council of the City
of Grand Island designated Gary Mader to be the City’s representative on the Board of Directors of the
Public Power Generating Agency of the Whelan Energy Center Unit No. 2 Power Plant Project and
Timothy Luchsinger as an alternate; and
WHEREAS, Gary Mader has retired from service, in order to ensure that the Board has
sufficient attendance to conduct business at all times, it is requesting that an Alternate Board Representative
be appointed by each of the participating utilities; and
WHEREAS, it is recommended that Timothy Luchsinger continue as the City’s Board
Representative and Assistant Utilities Director Travis Burdett be designated as the Alternate Board
Representative.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that Assistant Utilities Director Travis Burdett is hereby
designated as the City of Grand Island’s alternate representative on the Board of Directors of the Public
Power Generating Agency Board of Directors.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Shannon Oster, Assistant to the City Administrator
Item G7
#2011-114 - Approving BioAssessment Agreement with The
University of Kansas Center for Research, Inc.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: John Collins, Public Works Director
City of Grand Island City Council
Council Agenda Memo
From: Scott Sekutera, Storm Water Technician
Meeting: May 10, 2011
Subject: Approving BioAssessment Agreement with The
University of Kansas Center for Research, Inc.
Item #’s: G-7
Presenter(s): John Collins, Public Works Director
Background
The City has seven (7) Minimum Control Measures (MCM's) that are identified in the
storm water permit. Each MCM has a number of Best Management Practicies (BMP's)
that are used to carry out the MCM's. An example BMP is assessing the present
environmental conditon of the City’s drainage system.
Grant activities are restricted to the Best Management Practices (BMP's) and seven
Minimum Control Measures (MCM's) identified in the City storm water permit. The
seven MCM's are:
1) Education and Outreach
2) Public Involvement/Participation
3) Illicit Discharge Detection and Elimination
4) Construction Site Storm Water Runoff Control
5) Post-Construction Storm Water Management in new development and
redevelopment
6) Pollution Prevention good housekeeping for municipal operations Wet Weather
Monitoring
Discussion
The Central Plains Center for BioAssessment proposes to present a 1.5 day seminar in
Grand Island, NE to Stormwater Managers and others involved with Municipal Separate
Storm Sewer Systems (MS4). The objective of the workshop is to provide information
and training that will assist these managers with their requirements for evaluating the
effectiveness of their MS4 programs. In-addition training will be provided on stream
monitoring science/methods and a hands-on field demonstration. This workshop will
provide a better assessment of the storm water outfalls within the City.
The Nebraska Department of Environmental Quality has approved utilizing the LB 1226
grant for this training; therefore there will be no cost to the City.
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 a resolution for the City to
enter into an agreement with The University of Kansas Center for Research, Inc. for the
amount of $3,162.00.
Sample Motion
Move to approve the resolution.
Fixed-Price Statement
In the event this project is awarded, the following terms and conditions will apply. Any modifications, additions or
deletions to the following terms and conditions shall be in writing and agreed to by both parties. Should the Sponsor
prefer a customized agreement, please disregard this document and contact Contract Negotiations unit at 785-864-7431.
The University of Kansas Center for Research, Inc. (KUCR) shall have the right to publish, disclose, disseminate and use
in whole or in part, any data and information received or developed under this agreement while safeguarding the
proprietary rights in data provided by the Sponsor.
Nothing in this agreement shall be construed to limit the freedom of researchers who are participants in this agreement,
whether paid under this agreement or not, from engaging in similar research inquiries made independently under other
agreements with other parties.
KUCR agrees that the information provided to the Sponsor under this agreement will be reasonably accurate in
accordance with scientifically accepted standards. KUCR disclaims all warranties including all implied warranties of
merchantability and fitness for a particular purpose.
KUCR is an independent contractor and shall not act as an agent for the Sponsor, nor shall it be deemed to be an
employee of the Sponsor for any purposes whatsoever. The Sponsor shall not enter into any agreement nor incur any
obligations on behalf of KUCR nor commit KUCR in any manner without the prior written consent of KUCR.
The Sponsor will not use directly or by implication the name of the University of Kansas Center for Research, Inc. or the
name of any employee of the University of Kansas or KUCR for any endorsement, publicity or advertising of any nature,
unless copy is submitted and written approval of the Chancellor of the University of Kansas is obtained prior to the
disclosure of any such endorsement, publicity or advertising. Acknowledgement of funding or sponsorship in a factual
statement is not prohibited by this clause.
Unless otherwise agreed upon in writing by both parties, the scope of work and project period will conform to the
proposal as submitted by KUCR to the Sponsor.
Either party may terminate this project upon 30 days written notice to the other party. In the event of termination prior to
completion of the project, KUCR shall be paid for all costs and noncancellable obligations incurred prior to the date of
termination.
The total cost for this fixed-price project is $3,162.00. The project will begin upon receipt of initial payment according to
the following schedule:
$2,845.80 90% prior to initiation of project;
$ 316.20 10% upon completion of project.
The project will begin upon receipt of initial payment. Check shall be made payable to:
The University of Kansas Center for Research, Inc.
Attn: Accounting Services
2385 Irving Hill Road
Lawrence, Kansas 66045-7568
Accepted by the Sponsor: __________________________________________________
Signature of Authorized Representative: _______________________________________
Date: ______________
Printed Name and Title: ___________________________________________________ (form modified 2/23/11)
Title Stream Bioassessment Workshop
3 keywords Nebraska, workshop, bioassessment
PIs Debbie Baker (PI) and Donald Huggins (Co-PI)
Dates 18-19 May 2011
Contractor City of Grand Island, NE
The Central Plains Center for BioAssessment proposes to present a 1.5 day seminar in Grand
Island, NE to Stormwater Managers and others involved with Municipal Separate Storm Sewer
Systems (MS4). The objective of the workshop is to provide information and training that will
assist these managers with their requirements for evaluating the effectiveness of their MS4
programs. Jesse Poore with Felsburg Holt & Ullevig, Lincoln, NE will facilitate the workshop.
Scope of work
Prepare and present a 1.5 day stream bioassessment workshop that includes
Travel to Grand Island, with lodging.
Presentation of stream monitoring science and methods
Hands-on field demonstration
Facilitated discussion of how these bioassessment methods relate to MS4 Evaluation and
Assessment Requirements.
Budget
We request $3,162 which includes for salary for Debra Baker with required fringe benefits at
34%. Also included are mileage, lodging, per diem, and photocopying and printing expenses.
Required indirect costs for off-campus projects are charged at 26%.
Draft Agenda
Day 1
8:00 – 8:30 Introductions and logistics
Central Plains Center for BioAssessment
Participant
Agenda
8:30 – 9:00 Part I: Why monitor streams?
Clear goals or hypothesis
Base line data, trends over time, or deviations?
9:00 – 9:30 Approaches to evaluating streams:
Bioassessment within ecoregions & reference systems.
9:30-10:00 Break
10:00 – 11:00 Part II: Basic methods and equipment.
Chemistry
Biology
Physical habitat
Variations on methods (State Agencies and EPA)
o RBP
o REMAP
o Agencies – NDEQ
11:00 – 12:30 Lunch
12:30 – 4:30 Part III: Hands-on demonstration at Wood River sites.
Day 2
8:00 – 8:30 Wrap-up of previous day
8:30 – 9:15 Part IV:
Data Management
Software,
Analytical methods
QAQC for representativeness, accuracy, consistency of data.
9:15 – 9:30 Break
9:30 – 11:00 Relation to MS4 Evaluation and Assessment Requirements
11:00-11:30 Next Steps Discussion and End.
SALARIES AND WAGES
Senior Personnel % timeMonthsRate
Debra Sue Baker, PI
calendar 301.03,4351,032
Donald Huggins, Senior Scientist
calendar 01.08,1530
Total senior personnel 1,032
Other Personnel
Undergraduate Student(s)PersonsHoursRate
calendar 208.010.000
Total other personnel 0
Total salaries and wages 1,032
FRINGE BENEFITS
34% faculty and staff (employed 90% or more)351
39% faculty and staff (employed 50% - 89%)0
6% students (employed 75% or less)0
Total fringe benefits 351
Total salaries, wages & fringe benefits 1,383
TRAVEL
(a) travel to Grand Island unit
# PersonsTrips Days Amount
213
Transportation - 600 mi x $0.51 600 0.51306
Per diem 54324
Lodging 2 99396
Total (a)1,026
Total travel 1,026
OTHER DIRECT COSTS
Research materials & supplies0
Publications (copying and distribution of research results)100
Consultant Services 0
Computer Services 0
Subawards- Haitian Assistant TBD
Other:
Tuition 0
Shipping 0
Computer networking and maintenance costs0
Total "Other"0
Total Other Direct Costs 100
TOTAL DIRECT COSTS 2,509
BASE 2,509
INDIRECT COSTS (26% of total direct costs excluding equipment and tuition allowance)653
TOTAL PROPOSED COSTS - YEAR 1$3,162
Year 1: 05/01/2011 to 05/30/2011
PROPOSED BUDGET
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-114
WHEREAS, the City Of Grand Island was designated as a National Pollutant
Discharge Elimination System (NPDES) Phase II Storm Water Community and was issued a
storm water permit from the Nebraska Department of Environment al Quality; and
WHEREAS, the City Of Grand Island has developed a Storm Water Management
Plan (SWMP) in conformance with the storm water permit; and
WHEREAS, the City of Grand Island has seven (7) Minimum Control Measures
(MCM’s), each with a number of Best Management Practices (BMP’s) that are used to carry out
the MCM’s; and
WHEREAS, in working to address a BMP The University of Kansas Research
Center, Inc. will present a workshop to provide training on how to assess the City’s storm water
outfalls; and
WHERAS, the cost of such workshop is not to exceed $3,162.00; and
WHEREAS, the Nebraska Department of Environmental Quality has approved
utilizing the LB 1226 grant for this training.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the City of Grand Island, Nebraska, is
hereby authorized to enter into an agreement with The University of Kansas Research Center,
Inc. for a cost not to exceed $3,162.00.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed
to execute such grant agreement on behalf of the City Of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Shannon Oster, Assistant to the City Administrator
Item G8
#2011-115 - Approving 2010-2011 Community Revitalization Phase
2 Grant Application
This item relates to the aforementioned Public Hearing Item E-7.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-115
WHEREAS, the City of Grand Island, Nebraska, is an eligible unit of a general local
government authorized to file an application through the Nebraska Department of Economic Development
for a Community Development Block Grant; and
WHEREAS, the Nebraska Department of Economic Development is accepting grant
applications for community revitalization; and
WHEREAS, a grant application has been prepared to request funding for housing
improvements in a combined project area of Block Groups 11 and 12; and
WHEREAS, the City is requesting a grant which includes grant funds of about $227,750 for
housing improvements and an amount not to exceed 8% of the grant total for General Administration and
8% for Housing Administration; and
WHEREAS, the required 1:1 cash match will be met by the City through the completion of
other eligible projects.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. The City of Grand Island, Nebraska is hereby authorized to apply for financial assistance
from the Nebraska Department of Economic Development for the purpose of completion
of housing improvements in the designated project area; and
2. The Mayor is hereby authorized and directed to execute such grant application and other
documentation on behalf of the City of Grand Island for such grant process.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
Shannon Oster, Assistant to the City Administrator
Item G9
#2011-116 - Approving Extension Request for Community
Development Block Grant #08-DPI-005
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development Administrator
Council Meeting: May 10, 2011
Subject: Approving Extension Request for Community
Development Block Grant #08-DPI-005
Item #: E-9
Presenter(s): Joni Kuzma, Community Develo pment
Background
In September 2009, the City of Grand Island was awarded a Disaster Recovery Grant for
$803,500.00, plus $40,175.00 in General Administration, for installation of a sanitary sewer
interceptor and sewer main collection system upgrade to address an urgent community
development need that occurred as a result of high ground water levels and flooding between
May 22 and June 24, 2008. The project encompasses two southern areas of Grand Island to
improve protection of homes from future sanitary sewer backups. Total project cost, including
Admin, is projected at $1,003,675. No matching funds are required but the City has budgeted
$160,000 for the balance of project costs above the grant award.
Disaster Recovery Program funds are to be used only for activities related to disaster relief, long-
term recovery, and restoration of infrastructure in areas covered by the Federal Emergency
Management agency (FEMA) declaration of major disaster 1770-DR. Only damages occurring
during the incident period from May 22, 2008 to June 24, 2008 are considered.
Discussion
Due to a variety of program delays, the City of Grand Island is requesting a six-month extension
to the current contract end date for Disaster Program Recovery Grant #08-DPI-005. The current
contract end date is September 29, 2011. The proposed contract end date is March 30, 2012. The
Grand Island City Council is required to take action on the extension request for submission to
the Nebraska Department of Economic Development.
The extension request is being requested due to:
1. Staff changes in three significant Public Works positions working on the project
2. The need to obtain a permit from UPRR to bore under existing railroad tracks.
3. Compliance with the Migratory Bird Treaty as a part of the Environmental Review.
4. Review of plans, specifications and estimate by the Department of Environmental
Quality
Public Works staff fully believes that the project will be completed within the proposed
extension date, if not before. The UPRR agreement is in place. The project design is 95%
complete. A revised implementation schedule has been completed and will be provided with the
extension request as required.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand. The
Council may:
1. Approve the Community Development Block Grant #08-DPI-005 extension request
2. Refer the issue to a Committee.
3. Postpone the issue to a later date.
Recommendation
City Administration recommends that Council approves the Community Development Block
Grant #08-DPI-005 extension request.
Sample Motion
Move to approve the Community Development Block Grant #08-DPI-005 extension request.
NE CDBG Contract Amendment Request Form Page 1 of 2 November 2010
CDBG CONTRACT AMENDMENT REQUEST FORM
This form must be completed and submitted to the Nebraska Department of Economic Development when
making a contract amendment request. All attachments identified under the applicable amendment type
must be submitted al ong with this form.
CDBG Grant # 08-DPI-005 CDBG Grantee City of Grand Island
DED Program Representative Merci Suarez
Person Completing this form Name Joni Kuzma
Contact Number 308-385-5444, ext. 248
Email jkuzma@grand-island.com
Complete the sections for each type of amendment requested and submit this form, along with the required
attachments, to the Department.
Extension of Contract End Date
Original Contract End Date Thursday, September
29, 2011
Current Contract End Date including any previously approved extensions Thursday, September 29, 2011
Proposed Contract End Date Friday, March
30, 2012
Required Attachments
Attachment 1: A letter from the Chief Elected Official stating the following:
1. Certification that the local governing body has approved the extension;
2. Identification and reasons for the proposed amendment; including
a. Changes to the nature of the project requiring the amendment;
b. Steps being taken to avoid any future amendment requests for the same reasons.
3. If additional local matching funds are required as a result of this extension, certification that such funds are
available.
Attachment 2: A revised implementation schedule showing when major milestones will be completed for each
activity.
Decrease in proposed accomplishments
Original Proposed Accomplishments Current Proposed Accomplishments
Required Attachments
Attachment 1: A letter from the Chief Elected Official stating the following:
1. Certification that the local governing body has approved the decrease in proposed accomplishments;
2. Identification and reasons for the proposed amendment; including
a. Changes to the nature of the project requiring the amendment;
b. Steps being taken to avoid any future amendment requests for the same reasons.
3. If additional local matching funds are required as a result of this decrease, certification that such funds are
available.
Attachment 2: A revised implementation schedule showing when major milestones will be completed for each
activity.
Amendment to Housing Program Guidelines
Required Attachments
Attachment 1: Letter from the Chief Elected Official stating the following:
1. Certification that the local governing body has approved the amendment to the housing program guidelines;
2. Identification and reasons for the proposed amendment;
3. If additional local matching funds are required as a result of this amendment, certification that such funds
are available.
Attachment 2: If the housing program guidelines amendment will affect major milestones, a revised implementation
schedule showing when major milestones will be completed for each activity.
NE CDBG Contract Amendment Request Form Page 2 of 2 November 2010
Attachment 3: A complete copy of the proposed revised housing program guidelines.
Budget Amendment
Original Contract Budget Approved
Activity Name Activity Number CDBG Funds Other Funds Total Funds
Total
Proposed Budget After Amendment
Activity Name Activity Number CDBG Funds Other Funds Total Funds
Total
Attachment 1: Letter from the Chief Elected Official including:
1. Certification that the local governing body has approved the budget amendment;
2. Identification and reasons for the proposed budget amendment; including
a. Changes to the nature of the project requiring the amendment;
b. Steps being taken to avoid any future amendment requests for the same reasons.
3. If additional local matching funds are required as a result of this amendment, certification that such
funds are available.
4. If the amendment includes a new activity, certification that the activity meets the national objective.
Attachment 2: Minutes from the public hearing held on the proposed amendment (required if reallocating more than
10% of the total original grant amount).
Attachment 3: If the budget amendment will affect major milestones, a revised implementation schedule showing
when major milestones will be completed for each activity.
Attachment 4: Certification of re-evaluation of the environmental assessment (this form is included in the CDBG
Administration Manual Chapter 6: Environmental Review).
DED Use Only
Date amendment request received
Date amendment approved/denied
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-116
WHEREAS, the City was awarded a Disaster Recovery Grant for $803,500 for
installation of a sanitary sewer interceptor and sewer main collection system upgrade to address an urgent
community development need that occurred as a result of high ground water levels and flooding between
May 22 and June 24, 2008; and
WHEREAS, the contract end date of September 29, 2010 is not a sufficient amount of time
in which to complete the project; and
WHEREAS, an extension request of six-months is desired and must be approved by the
Grand Island City Council; and
WHEREAS, required documents for the extension request have been prepared and must
be submitted to the Nebraska Department of Economic Development for authorization.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
The City of Grand Island, Nebraska is hereby authorized to request a six-month extension
for Community Development Block Grant #08-DPI-005.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________
Shannon Oster, Assistant to the City Administrator
Item G10
#2011-117 - Approving Grant Evaluation Agreement for Nebraska
Children and Families Foundation grants
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Joni Kuzma
City of Grand Island City Council
Council Agenda Memo
From: Joni Kuzma, Community Development
Meeting: May 10, 2011
Subject: Approving Grant Evaluation Agreement for Nebraska
Children and Families Foundation Grants
Item #’s: G-10
Presenter(s): Joni Kuzma, Community Development Administrator
Background
In 2010 and 2011, the City of Grand Island was awarded a total of $80,000 in grants from
the Nebraska Children and Families Foundation (NCFF), the Nebraska Child Abuse
Prevention Fund Board and the Nebraska Department of Health and Human Services.
The grant funds were awarded to the City to work with the Coalition for Children to build
collaboration and implement a community Strategic Plan for a Child Well-being
Initiative.
The Nebraska Children and Families Foundation, the Nebraska Child Abuse Prevention
Fund Board and the Nebraska Department of Health and Human Services (NCFF) are
investing in five communities to enhance child well-being throughout the state. Including
Grand Island, the communities include South Sioux City, Columbus, North Platte and the
Panhandle. Each community (or in the case of the Panhandle – portion of the state) was
selected based on the community capacity to complete the Child Well-being Initiative
and the county-level data related to the Child Well-being Indicators as compared to state
data. The communities selected were located in counties that reported high-need data
compared to the rest of the state.
Discussion
The funders require each grantee to complete a grant evaluation component for the
initiative and have provided funding within the grant for associated costs. The Coalition
for Children has completed much of the strategic planning work and are ready to work
with an evaluator in moving forward with the plan. The Coalition has selected
Schmeeckle Research, Inc. as the grant evaluator. A contract and scope of services has
been prepared. The Coalition for Children in collaboration with Community
Development will coordinate the Child Well-being work with the grant evaluator. There
will be no cost to the City.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Approve the contract
2. Refer the issue to a Committee
3. Postpone the issue to future date
Recommendation
City administration recommends that Council approve the contract with Schmeeckle
Research, Inc. and authorize the Mayor to sign all related documents.
Sample Motion
Move to approve the contract with Schmeeckle Research, Inc. and authorize the Mayor to
sign all related documents.
City of Grand Island
Coalition with Children
Evaluation Contract
July 2010 – June 2012
Joyce Schmeeckle, Ph.D.
1701 S. 17th, Suite 2A
Lincoln, NE 68502
402.477.5407
joyce@schmeeckleresearch.com
Evaluation Purpose: To provide evaluation services for the Grand Island Coalition for
Children (receiving funding from the Nebraska Children's Foundation) as listed below.
Evaluation Services
1. In conjunction with the Coordinator develop the framework and plan for the local
evaluation based on the CWB work plan.
2. Implement the local evaluation plan.
3. Participate in the implementation of the ODSS system including evaluation criteria and
data to be entered and monthly oversight checks of entries.
4. In conjunction with Nebraska Children and Families Foundation (NCFF) evaluation
team participate in the design and implementation of requirements for all Child Well
Being grant activities including but not limited to focus groups and key informant
interviews.
5. Communicate and respond to evaluation requirements as requested by NCFF.
6. Maintain regular communication with CWB Coordinator.
7. In conjunction with Panhandle contracts coordinate work in the region wherever
possible to reduce duplication and costs.
8. Other reasonable evaluation services as requested by the staff
9. Serve as a linkage with the Nebraska Children and Families Child Well Being state
wide evaluation team
Annual Evaluation Cost $9,600
Travel Expenses. Travel expenses are included in the above cost.
Contract Terms
The evaluation costs will be billed semi-annually during the contract period. The contract is
effective beginning July 1, 2010 and will end on June 30, 2012. The contract will be renewable
for an additional year with potential adjustment to the contract amount. Contract terms and
conditions are reflected in the attached consulting agreement.
Project Evaluator
Joyce Schmeeckle, Ph.D., is President of Schmeeckle Research Inc. and will be the lead
evaluator for the project but other staff may also participate in completing the evaluation
services outlined.
Acceptance
Your signature below indicates your acceptance of the proposal and your authorization for the
outlined project work by the evaluator. The statement of work will be performed according to
the terms and conditions agreed to in the consulting agreement between Schmeeckle
Research Inc. and City of Grand Island in Partnership with Coalition for Children, which is
attached to this proposal.
Schmeeckle Research Inc. City of Grand Island in Partnership with
Tax ID: 20-272250 Coalition for Children
_____________________________ _______________________________
Joyce Schmeeckle, PhD Jay Vavricek, Mayor
Date: 5/3/2011 Date__5/10/11
Consulting Agreement
AGREEMENT, made this 10th day of May, 2011 between Schmeeckle Research Inc., located
in Lincoln, Nebraska and City of Grand Island in Partnership with Coalition for Children
(“Client”), located in Grand Island, Nebraska.
1. Services. Client desires to purchase, and Schmeeckle Research Inc. desires to
provide, professional research and evaluation consulting services. This Agreement
between the parties shall constitute a basic agreement, the terms and conditions of
which shall apply to each work assignment proposed by the Client which is accepted by
Schmeeckle Research Inc.
2. Termination. Either party may at any time terminate the performance of all or any
portion of the services or any work assignment upon (30) days prior written notice to the
other party stating its intention to terminate and specifying the services or work
assignment to be terminated and the date upon which such termination shall be
effective.
3. Compensation. All services performed by Schmeeckle Research Inc. shall be rendered
in accordance to the attached Statement of Work. Schmeeckle Research Inc. may
invoice Client quarterly for services rendered during the preceding quarterly period or
will invoice at the end of the contract period. Payment by Client will be made within
thirty (30) days after the date of invoice. Invoices unpaid by Client within thirty (30) days
of the date of receipt of invoice shall be subject to a late charge of 1.5% per month or
fraction thereof.
4. Schmeeckle Research Inc. Staff. Schmeeckle Research Inc.' staff is not, nor shall
they be deemed to be, at any time during the term of this Agreement the employees of
Client. Schmeeckle Research Inc. shall have the sole right to designate which of its
staff, whether permanent or temporary, shall perform any of the services required under
this Agreement.
5. Client Confidential Information. Schmeeckle Research Inc. agrees to treat as
confidential any confidential information relating to Client's business, employees and
customers to which Schmeeckle Research Inc. may be exposed in performing services
for Client. Confidential Information shall include, but not be limited to, all employee data
files, interview questions, research results, and any reports by Schmeeckle Research
Inc. to the extent unique to Client.
6. Rights in Work Product. Any client-unique work product resulting from Schmeeckle
Research Inc.' services under this Agreement shall belong to Client, but Schmeeckle
Research Inc. reserves the unrestricted right to any ideas, concepts, methodologies,
and techniques.
7. General Liability Insurance. Schmeeckle Research Inc. will maintain general liability
insurance during the term of the contract.
The parties have read this Agreement, understand it, and agree to be bound by all its terms
and conditions.
Schmeeckle Research Inc. City of Grand Island in Partnership with
Tax ID: 20-272250 Coalition for Children
______________________________ _________________________________
Joyce Schmeeckle, Ph.D. Jay Vavricek, Mayor
Date: 5/3/2011 Date 5/10/2011
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-117
WHEREAS, in 2010 and 2011 the Nebraska Children and Families Foundation, on behalf
of the Nebraska Child Abuse Prevention Fund Board, awarded $80,000 to the City of Grand Island to
work with the Coalition for Children to build collaboration and implement a community Strategic Plan for
Child Well-being; and
WHEREAS, the grantors require that a grant evaluator be utilized for program evaluation;
WHEREAS, the Coalition for Children has selected Schmeeckle Research, Inc. as the grant
evaluator; and
WHEREAS, the Coalition for Children will work with Community Development to carry
out the scope of services as outlined in the contract; and
WHEREAS, the grant will fund the cost of grant evaluation services in an amount not to
exceed $9,600 through June 30, 2012.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the contract with Schmeeckle Research, Inc. is
approved and the Mayor is authorized to sign associated documents.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Shannon Oster, Assistant to the City Administrator
Item I1
#2011-118 - Consideration of Request from Hy-Vee, Inc. dba Hy-
Vee Grand Island #1221, 115 Wilmar Avenue for a Catering
Designation to Class “C-79662” Liquor License
This item relates to the aforementioned Public Hearing Item E-1.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-118
WHEREAS, an application was filed by Hy-Vee, Inc. doing business as Hy-Vee Grand
Island #1221, 115 Wilmar Avenue for a Catering Designation to Class "C-79662" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on April 30, 2011; such publication cost being $15.63; and
WHEREAS, a public hearing was held on May 10, 2011, for the purpose of discussing
such catering designation to liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-identified
catering designation to liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified catering designation to liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified catering designation to liquor license application with the following
stipulations: ________________________________________________
_________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-identified
catering designation to liquor license application for the following reasons: __
_________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Shannon Oster, Assistant to the City Administrator
Item I2
#2011-119 - Consideration of Request from Napoli LLC dba
Napoli’s Italian, 3421 Conestoga Drive for a Class “I” Liquor
License and Liquor Manager Designation for Florim Ramadani,
3111 College, #34
This item relates to the aforementioned Public Hearing Item E-2.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-119
WHEREAS, an application was filed by Napoli LLC doing business as Napoli’s Italian,
3421 Conestoga Drive for a Class "I" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on April 30, 2011; such publication cost being $14.73; and
WHEREAS, a public hearing was held on May 10, 2011 for the purpose of discussing such
liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-identified
liquor license application contingent upon final inspections.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application with the following stipulations: _________
_________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-identified liquor
license application for the following reasons: ________________________
_________________________________________________________
____ The City of Grand Island hereby recommends approval of Florim Ramadani, 3111
College, #34 as liquor manager of such business upon the completion of a state
approved alcohol server/seller training program.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Shannon Oster, Assistant to the City Administrator
Item I3
#2011-120 - Consideration of Request from Alfredo Zamora-
Gomez dba Las Vegas Bar & Grill, 316 East 2nd Street for a Class
“C” Liquor License
This item relates to the aforementioned Public Hearing Item E-3.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: RaNae Edwards
City of Grand Island City Council
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-120
WHEREAS, an application was filed by Alfredo Zamora-Gomez doing business as Las
Vegas Bar & Grill, 316 East 2nd Street for a Class "C" Liquor License; and
WHEREAS, a public hearing notice was published in the Grand Island Independent as
required by state law on April 30, 2011; such publication cost being $15.18; and
WHEREAS, a public hearing was held on May 10, 2011 for the purpose of discussing such
liquor license application.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
____ The City of Grand Island hereby recommends approval of the above-identified
liquor license application contingent upon final inspections.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application.
____ The City of Grand Island hereby makes no recommendation as to the above-
identified liquor license application with the following stipulations: _________
_________________________________________________________
____ The City of Grand Island hereby recommends denial of the above-identified liquor
license application for the following reasons: ________________________
_________________________________________________________
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_______________________________________
Shannon Oster, Assistant to the City Administrator
Item I4
#2011-121 - Consideration of Economic Development Incentive
Agreement with Case New Holland (CNH America, LLC)
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Council Agenda Memo
From: Mary Lou Brown, Interim City Administrator
Meeting: May 10, 2011
Subject: Approving Economic Development Incentive Agreement
with Case New Holland (CNH America, LLC)
Item #’s: I-4
Presenter(s): Mary Lou Brown, Interim City Administrator
Mark Stelk, Chairman, Citizens’ Advisory Review
Committee
Background
At the May 2003 special election, the voters of the City of Grand Island approved LB840
funding to enable the City to extend economic development incentives through the Grand
Island Economic Development Corporation (GIEDC). The Economic Development
Corporation has received an application from Case New Holland (CNH America, LLC)
for seventy-three additional employees. On April 14, 2011, the Executive Board of the
GIEDC approved submission of the attached Economic Development Agreement to the
Citizens’ Review Committee (CRC) for consideration and recommendation. The CRC
met on April 26, 2011 and approved the request and Agreement for recommendation to
the City Council for final action and approval.
Discussion
Case New Holland (CNH America, LLC) manufacturers combine and hay tool equipment
for Case IH and New Holland brands and has submitted the required application (see
attached) for a total amount of $219,000 or $3,000 per job created. Proposed is the
creation of 73 new jobs by September 30, 2011 with an average hourly wage of $16.50.
Requested is $100,000 upfront to assist in the development of the proposed 73 new jobs.
CNH will submit a Full Time Equivalent report on or about October 1, 2011 indicating
the number of employees that have been hired. The remaining $119,000 will be payable
to CNH following the receipt of the report that shows the additional 73 employees.
CNH currently has 844 employees and due to increased manufacturing and sales, the
company will invest $5 million in additional equipment and revamping of the plant. A
total of $219,000 of LB840 funds for an additional 73 new employees is requested.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the Economic Development Agreement with Case New
Holland (CNH American, LLC).
2. Do not approve the Economic Development Agreement with Case New
Holland (CNH American, LLC).
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council consider the resolution authorizing the
City to enter into the Economic Development Agreement with Case New Holland (CNH
American, LLC).
Sample Motion
Move to approve the resolution authorizing the City to enter into the Economic
Development Agreement with Case New Holland (CNH American, LLC).
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-121
WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic
Development Program and a Citizens’ Advisory Review Committee to oversee the process of approving
applications for economic development incentives; and
WHEREAS, Case New Holland (CNH American, LLC) has applied for a forgivable loan
for job incentive in the amount of $219,000.00 from the Grand Island Area Economic Development
Corporation in accordance with the Economic Development Program; and
WHEREAS, such application has been approved by the executive committee of the
Economic Development Corporation and was approved on April 26, 2011 by the Citizens Advisory
Review Committee; and
WHEREAS, Case New Holland (CNH American, LLC). will be required to meet or
exceed employment numbers and employee salary levels as outlined in the Economic Development
Agreement to retain all of the economic incentives granted under the agreement; and
WHEREAS, it is in the best interests of the City to provide economic development funding
to Case New Holland (CNH American, LLC) as provided by the Grand Island Economic Development
Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and
between the City, the Grand Island Area Economic Development Corporation and Case New Holland
(CNH American, LLC), to provide $219,000.00 in economic assistance to Case New Holland (CNH
American, LLC), to be used for expanding its business in Grand Island is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_________________________________
- 2 -
Shannon Oster, Assistant to the City Administrator
Item I5
#2011-122 - Consideration of Amended Economic Development
Incentive Agreement with Standard Iron, Inc.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Council Agenda Memo
From: Mary Lou Brown, Interim City Administrator
Meeting: May 10, 2011
Subject: Approving Amended Economic Development Incentive
Agreement with Standard Iron, Inc.
Item #’s: I-5
Presenter(s): Mary Lou Brown, Interim City Administrator
Mark Stelk, Chairman, Citizens’’ Advisory Review
Committee
Background
At the May 2003 special election, the voters of the City of Grand Island approved LB840
funding to enable the City to extend economic development incentives through the Grand
Island Economic Development Corporation (GIEDC). The Economic Development
Corporation has received an application from Standard Iron, Inc. for building expansion
and additional employees. On January 13, 2011, the Executive Board of the GIEDC
approved the submission of the attached Economic Development Agreement to the
Citizens’ Review Committee (CRC) for consideration and recommendation. The CRC
met on February 8, 2011 and approved the request and Agreement for recommendation to
the City Council for final action and approval.
The City Council approved the application on February 22, 2011. Changes to the
Economic Development Agreement were requested by the City regarding the payback of
$150,000 if the plant expansion did not occur as outlined in the agreement.
The CRC met on April 26, 2011 and approved the amended Agreement for
recommendation to the City Council for final action and approval.
Discussion
Standard Iron, Inc., supplier of metal products to be used in the manufacture and final
assembly of original equipment manufactured items has submitted the required
application (see attached) for a total amount of $225,000. Proposed is the creation of 25
new jobs by December 31, 2012 with an average hourly wage of $13.00. Requested is
$3,000 per new employee not to exceed 25 employees and $150,000 to assist with a $1.7
million building expansion and $2 million in additional equipment for a total incentive
request of $225,000.
Standard Iron, Inc. currently has 98 employees and occupies 111,000 sq. ft. of plant
space. A total of $225,000 of LB840 funds for an additional 53,000 sq. ft. of
manufacturing space to be completed by July 2011 and 25 new employees is requested.
Alternatives
It appears that the Council has the following alternatives concerning the issue at hand.
The Council may:
1. Move to approve the Economic Development Agreement with Standard Iron,
Inc.
2. Do not approve the Economic Development Agreement with Standard Iron,
Inc.
3. Postpone the issue to future date.
4. Take no action on the issue.
Recommendation
City Administration recommends that the Council consider the resolution authorizing the
City to enter into the amended Economic Development Agreement with Standard Iron,
Inc.
Sample Motion
Move to approve the resolution authorizing the City to enter into the amended Economic
Development Agreement with Standard Iron, Inc.
1
ECONOMIC DEVELOPMENT AGREEMENT
WITH
STANDARD IRON, INC.
524 Pine Street
Monticello, MN 55362-8571
763-295-8700
This Agreement is made by the City of Grand Island,
Nebraska (The City), and the Grand Island Area Economic
Development Corporation (The Development Corporation) with
Standard Iron, Inc. (Standard) as follows:
ARTICLE I
BUSINESS AND INCENTIVE PLANS
Standard operates two (2) plants in Minnesota and one (1)
in Grand Island at 4160 Gold Core Drive. Its primary business
is metal fabrication producing metal products which are used by
original equipment manufacturers in producing and assembling
their products.
Standard came to Grand Island in 2004 and built a 111,000
square foot plant which now employs ninety-eight (98) fulltime
equivalent employees. In 2004 Standard received an incentive
payment of Two Hundred Thousand and No/100 Dollars ($200,000.00)
under Grand Island's Economic Development Program and fully
satisfied the requirement of that Incentive Agreement.
Due to its success in Grand Island Standard has now
outgrown the Grand Island plant and intends to expand it by
fifty-three thousand (53,000) square feet. The building
expansion has an estimated cost of 1.7 million dollars and the
cost of equipping that expansion is estimated to be 2 million
dollars.
Standard proposes to expand its Grand Island employment
from ninety-eight (98) to one hundred twenty-three (123)
fulltime equivalent workers at an average of Thirteen and No/100
Dollars ($13.00) per hour plus a full benefit program which
includes health, dental, life and short term disability
insurance, a 401(k) program with matching funds as well as
vacation and holiday pay and educational reimbursement.
Standard hopes to begin construction of the addition in
February 2011 and estimates completion can be accomplished in
the summer of 2011. The equipment purchases and the hiring of
the new personnel will take place in 2011 and 2012.
2
Standard has applied for incentive assistance under the
Grand Island Economic Development Program and the terms of the
incentives are set forth in this Economic Development Agreement.
The City and The Development Corporation agree that
Standard is qualified to receive incentives under the Grand
Island Economic Development Plan, that Standard's expansion plan
qualifies under the Program and that Standard's expansion will
be a great benefit to the people of Grand Island and the
surrounding area. The City and The Development Corporation also
agree that the infrastructure and job creation incentives set
forth in this Economic Development Agreement contribute to the
fulfillment of the major objectives of the Development Plan.
ARTICLE II
INFRASTRUCTURE INCENTIVE
To assist Standard in its expansion and renovation of its
Grand Island manufacturing plant as is described in its
Application, The City will advance One Hundred Fifty Thousand
and No/100 Dollars ($150,000.00) to Standard. This amount will
be paid within thirty (30) days after the payment is formally
approved under The City's Economic Development Program.
This advance will be automatically forgiven when The City
issues an occupancy permit to Standard after it completes the
plant expansion described in its Application and Standard will
then have no obligation to repay the grant. However, if that
occupancy permit is not issued by November 1, 2011, on that date
the grant will be repayable in full by Standard to The City.
If Standard fails to complete the plant expansion described
in its Application and obtain an occupancy permit for the
expanded area by December 31, 2011, Standard must repay the One
Hundrd Fifty Thousand and No/100 Dollars ($150,000.00) advance
in full to the City not later than February 1, 2012. However,
if the occupancy permit is issued prior to December 31, 2011 by
The City then Standard’s repayment of the advance will be
subject to the Forgiveness Provisions set forth in Article IV of
this Agreement.
ARTICLE III
JOB CREATION INCENTIVES
Part 1
3
Definitions
As used in this Economic Development Agreement the
following words and phrases shall mean the following:
1. Employees means the number of fulltime equivalent
persons employed by Standard at its manufacturing plant in Grand
Island, Nebraska, as of the end of the Measuring Year and
determined as follows: divide (i) the total number of regular
time hours that Standard paid Employees to work during the
Measuring Year [including forty (40) hours per week for each
week worked by each fulltime salaried Employee] by (ii) 2080.
2. Year means the twelve (12) consecutive month period
ending on December 31 each year during the term of this
Agreement.
3. Employment Certificate means a written statement
reporting the employment for the year at the Grand Island
manufacturing plant certified to be true and correct by the
Comptroller and attested by the President of the company. For
the year ending December 31, 2010, it shall be delivered to The
Development Corporation within thirty (30) days after the
execution of this Agreement by all three (3) parties and, not
later than February 1 in each of the years 2012, 2013, and 2014,
and 2015, Certificates shall be delivered to The Development
Corporation for the preceding year. It shall state (i) the
total number of regular time hours for which Standard paid
hourly employees for working at the manufacturing plant in Grand
Island, (ii) the number of fulltime salaried employees and the
number of weeks each were employed by Standard at Grand Island,
Nebraska, during the applicable year, (iii) the number of
employees as of the last day of the year, and (iv) the total of
the gross regular time wages paid that year to those employees
who are included in the items (i) and the base salaries (not
including bonuses or other extra payments) paid to those
employees who are included in (ii) of this paragraph. The
Certificate shall also state that all of the Employee benefit
programs referred to in Article I of this Economic Development
Agreement continue to be in full force and effect.
Part 2
Employment, Pay and Benefits Requirements
Standard shall meet each of the following employment
requirements:
4
1. For the years ending on December 31, 2010, and
December 31, 2011, Standard must have employed not less than
ninety-eight (98) Employees.
2. For each of the years ending on December 31, 2012,
2013 and,2014 2014 and 2015 Standard must employ at least one
hundred twenty-three (123) Employees.
3. For each year ending 20122 through 20145, inclusive,
the average hourly rate of pay for the regular time hours worked
by the Employees must be not less than Fifteen and 89/100
Dollars ($15.89) per hour. The average rate of pay shall be
determined each year by dividing the gross regular time wages
and base salaries paid (not including overtime or bonuses)
during the reporting year by the number of fulltime equivalent
persons employed that year.
4. During each of the years 2011 through 20145 Standard
shall continue all of employee benefit plans described in
Article I of this Economic Development Agreement.
5. Not later than thirty days (30) after The Development
Corporation receives from Standard the Employment Certificate
for the year ending December 31, 2010, required by paragraph 3
of Part 1 of Article III of this Agreement and funds are
approved under The City's Economic Development Program, The City
will advance Standard Seventy-five Thousand and No/100 Dollars
($75,000.00) to assist in the development of the proposed
twenty-five (25) new jobs.
Part 3
Monetary Provisions
1. Not later than thirty days (30) after The Development
Corporation receives from Standard the Employment Certificate
for the year ending December 31, 2010, required by paragraph 3
of Part 1 of Article III of this Agreement and funds are
approved under The City's Economic Development Program, The City
will advance Standard Seventy-five Thousand and No/100 Dollars
($75,000.00) to assist in the development of the proposed
twenty-five (25) new jobs.
2. If as of December 31 in each of the years ending in
2013 through 2015, inclusive (The Forgiveness Years), Standard
has met each of the employment, pay and benefit requirements for
that year and every prior year beginning with 2011, then within
thirty (30) days after The Development Corporation receives the
5
Employment Certificate required for that Forgiveness Year, The
City will give Standard formal notice that Twenty-five Thousand
and No/100 Dollars ($25,000.00) of the original advance of
Seventy-five Thousand and No/100 Dollars ($75,000.00) is then
forgiven and Standard shall have no further obligation with
regard to any forgiven amount.
3. If Standard fails to meet all of the employment, pay
and benefit requirements set out in Part 2 of this Article III
for the year ending December 31, 2011 or any subsequent year
then the total amounts, if any, theretofore forgiven under the
provisions of this Part 3 of Article III for each prior year's
performance shall be deducted from the advance of Seventy-five
Thousand and No/100 Dollars ($75,000.00) and Standard shall
repay the balance to The City. The balance shall become due on
the last day of the first year in which the employment, the pay
or benefit requirement was not attained or became unattainable
and shall be paid with interest on the unpaid balance at the
rate of six percent (6%) per annum from the date of the advance
until paid in full.
4. If at any time prior to December 31, 2015, Standard
transfers ownership or operation of its Grand Island
manufacturing plant to any entity of which Standard does not
have and maintain at least eighty percent (80%) of the corporate
stock if it is a corporation or eighty percent (80%) of the
voting and management rights if it is not a corporation, then at
or before the effective date of the transfer Standard shall
repay to The City that portion of the Seventy-five Thousand and
No/100 Dollars ($75,000.00) advance which has not theretofore
been forgiven. The payment shall be due upon the effective date
of the transfer and shall be paid with interest computed at the
rate of six percent (6%) per annum from that date until the
entire balance of principal and interest is paid in full.
ARTICLE IV
FORGIVENESS PROVISIONS
The terms and conditions of the Forgiveness of the Two
Hundred Twenty-five Thousand and No/100 Dollars ($225,000.00) of
the Infrastructure Incentive and the Job Creation Incentives are
set forth in this Article IV:
1. If as of December 31 in each of the years ending in
2012 through 2014, inclusive (The Forgiveness Years), Standard
has met each of the employment, pay and benefit requirements for
that year and every prior year beginning with 2011, then within
thirty (30) days after The Development Corporation receives the
6
Employment Certificate required for that Forgiveness Year, The
City will give Standard formal notice that Seventy-five Thousand
and No/100 Dollars ($75,000.00) of the original advance of Two
Hundred Twenty-five Thousand and No/100 Dollars ($225,000.00) is
then forgiven and Standard shall have no further obligation with
regard to any forgiven amount.
2. If Standard fails to meet all of the employment, pay
and benefit requirements set out in Part 2 of Article III for
the year ending December 31, 2011 or any subsequent year then
the total amounts, if any, theretofore forgiven under the
provisions of this Article IV for each prior year's performance
shall be deducted from the advance of Two Hundred Twenty-five
Thousand and No/100 Dollars ($225,000.00) and Standard shall
repay the balance to The City. The balance shall become due on
the last day of the first year in which the employment, the pay
or benefit requirement was not attained or became unattainable
and shall be paid with interest on the unpaid balance at the
rate of six percent (6%) per annum from the date of the advance
until paid in full.
3. If at any time prior to December 31, 2014, Standard
transfers ownership or operation of its Grand Island
manufacturing plant to any entity of which Standard does not
have and maintain at least eighty percent (80%) of the corporate
stock if it is a corporation or eighty percent (80%) of the
voting and management rights if it is not a corporation, then at
or before the effective date of the transfer Standard shall
repay to The City that portion of the Two Hundred Twenty-five
Thousand and No/100 Dollars ($225,000.00) advance which has not
theretofore been forgiven. The payment shall be due upon the
effective date of the transfer and shall be paid with interest
computed at the rate of six percent (6%) per annum from that
date until the entire balance of principal and interest is paid
in full.
ARTICLE V
LEGAL EFFECT
1. Upon request Standard shall furnish The Development
Corporation and The City such additional documentation and
information as either may reasonably request to satisfy the
requirements of The City's Economic Development Program and to
evidence Standard's performance of the requirements of this
Agreement.
2. This Economic Development Agreement contains all of
the agreements and understandings between The Development
7
Corporation, The City and Standard relative to the provisions
hereof and supersedes any and all prior agreements and
understandings whether written or oral concerning economic
development grants or incentives. No additions or changes to
this Agreement shall be effective until they are reduced to a
writing signed by all three (3) parties to this Agreement.
3. The provisions of this Agreement are fully binding
upon The Development Corporation, The City and Standard, and
their respective successors.
Dated this _____ day of _______________, 2011.
GRAND ISLAND AREA ECONOMIC STANDARD IRON, INC.
DEVELOPMENT CORPORATION
By__________________________ By___________________________
Marlan Ferguson, President Printed Name: Cathi Boerner
Title: Controller
THE CITY OF GRAND ISLAND
By____________________________
Jay Vavricek, Mayor
Approved as to Form ¤ ___________
May 5, 2011 ¤ City Attorney
R E S O L U T I O N 2011-122
WHEREAS, on July 22, 2003, the City of Grand Island adopted an Economic
Development Program and a Citizens’ Advisory Review Committee to oversee the process of approving
applications for economic development incentives; and
WHEREAS, Standard Iron, Inc. has applied for a forgivable loan for job incentive and
infrastructure in the amount of $225,000.00 from the Grand Island Area Economic Development
Corporation in accordance with the Economic Development Program; and
WHEREAS, such amended application has been approved by the executive committee of
the Economic Development Corporation and was approved on April 26, 2011 by the Citizens Advisory
Review Committee; and
WHEREAS, Standard Iron, Inc. will be required to meet or exceed employment numbers
and employee salary levels as outlined in the Economic Development Agreement to retain all of the
economic incentives granted under the agreement; and
WHEREAS, it is in the best interests of the City to provide economic development funding
to Standard Iron, Inc. as provided by the Grand Island Economic Development Program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that the Economic Development Agreement by and
between the City, the Grand Island Area Economic Development Corporation and Standard Iron, Inc., to
provide $225,000.00 in economic assistance to Standard Iron, Inc., to be used for expanding its business in
Grand Island is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed to
execute such amended agreement on behalf of the City of Grand Island.
- - -
Adopted by the City Council of the City of Grand Island, Nebraska, May 10, 2011.
_______________________________________
Jay Vavricek, Mayor
Attest:
_________________________________
Shannon Oster, Assistant to the City Administrator
Item J1
Approving Payment of Claims for the Period of April 27, 2011
through May 11, 2011
The Claims for the period of April 27, 2011 through May 10, 2011 for a total amount of
$2,084,741.61. A MOTION is in order.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item J2
Approving Payment of Claims for the Period of April 27, 2011
through May 10, 2011 for the Veterans Athletic Field Complex
The Claims for the period of April 27, 2011 through May 10, 2011 for a total amount of
$28,553.98 for the Veterans Athletic Field Complex. A MOTION is in order.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Mary Lou Brown
City of Grand Island City Council
Item X1
Update Concerning Union Negotiations
The City Council may vote to go into Executive Session as required by State law to discuss
AFSCME, IAFF, FOP, IBEW (Utilities) (Finance) (WWTP) and (Service/Clerical) Union
Negotiations for the protection of the public interest.
Tuesday, May 10, 2011
Council Session
City of Grand Island
Staff Contact: Brenda Sutherland
City of Grand Island City Council