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01-26-2016 City Council Regular Meeting Packet City of Grand Island Tuesday, January 26, 2016 Council Session Packet City Council: Linna Dee Donaldson Michelle Fitzke Chuck Haase Julie Hehnke Jeremy Jones Vaughn Minton Mitchell Nickerson Mike Paulick Roger Steele Mark Stelk Mayor: Jeremy L. Jensen City Administrator: Marlan Ferguson City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Council Session - 1/26/2016 Page 1 / 80 City of Grand Island Tuesday, January 26, 2016 Call to Order 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. Invocation - Pator Russ Anderson, Trinity United Methodist Church, 511 North Elm Street Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Council Session - 1/26/2016 Page 2 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item E-1 Public Hearing on Request from La Cabana LLC dba El Jalapenos, 2418 N. Webb Road, Suite A for a Class “I” Liquor License Council action will take place under Resolution item I-1. Staff Contact: RaNae Edwards Grand Island Council Session - 1/26/2016 Page 3 / 80 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:January 26, 2016 Subject:Public Hearing on Request from La Cabana, LLC dba El Jalapenos, 2418 No. Webb Road, Suite A for a Class “I” Liquor License 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 La Cabana, LLC dba El Jalapenos, 2418 No. Webb Road, Suite A has submitted an application for a Class “I” Liquor License. A Class “I” Liquor License allows for the sale of alcohol 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. Grand Island Council Session - 1/26/2016 Page 4 / 80 Also submitted with the application was a request from Alberto Baldovinos, 235 North Custer for a Liquor Manager Designation. 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 La Cabana, LLC dba El Jalapenos, 2418 No. Webb Road, Suite A for a Class “I” Liquor License contingent upon final inspections and Manager Designation for Alberto Baldovinos, 235 North Custer contingent upon completion of a state approved alcohol server/seller training program. Grand Island Council Session - 1/26/2016 Page 5 / 80 01/12/16 Grand Island Police Department 450 12:30 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : 08:00:00 12/23/2015 Occurred before : 08:00:00 12/23/2015 When reported : 08:00:00 12/23/2015 Date disposition declared : 12/28/2015 Incident number : L15122392 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 2418 Webb Rd N State abbreviation : NE ZIP Code : 68803 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : Disposition : ACT Active Misc. number : RaNae Geobase address ID : 4481 Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- LW L10063772 01/11/16 Liquor Lic Inv Related LW L12012128 01/11/16 Liquor Lic Inv Related NM 93768 01/11/16 Baldovinos, Alberto Owner/Manager NM 125790 01/11/16 Paz Cuevas, Macrina Alberto's Spouse NM 206914 01/11/16 El Jalepenos, Business Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT21 LT21 Restaurant IMAGE CODES FOR INCIDENT: Seq Imag Image code for a users description field --- ---- ---------------- ------------------------------ 1 DOC DOCUMENT mobile report Grand Island Council Session - 1/26/2016 Page 6 / 80 LAW INCIDENT NARRATIVE: Liquor License Investigation Alberto Baldovinos is applying for a Class I (beer, wine, distilled spirits, on sale only) LLC Retail Liquor license for a restaurant called El Jalapenos. He is also applying to be the liquor manager. cw ~~---------------------------------------- (lwmain10444212242015)~~ LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 10:12:01 01/11/2016 Grand Island Police Department Supplemental Report Date, Time: Mon Jan 11 10:12:13 CST 2016 Reporting Officer: Vitera Unit- CID I received a copy of a liquor license application for El Jalapenos from Alberto Baldovinos. Alberto is also applying to be the liquor manager. Alberto currently has a liquor license at La Cabana and had a second liquor license for a bar and grill called El Farayon which has since closed. El Jalapenos will be located at 2418 N. Webb which is the current location of La Cocina. Prior to that, it was San Pedro, and prior to that, it was El Mariachi. All of those establishments tried to get a liquor license, but none of them did. Since Alberto has owned and operated La Cabana for the past 5.5 years, I don't see any liquor license violations listed on the NLCC's web site, nor do I see any problems with that restaurant listed in Spillman. I was unable to find El Farayon on the NLCC's web site since it's been closed for awhile. In reviewing my initial investigation into that application Grand Island Council Session - 1/26/2016 Page 7 / 80 and related reports, it appears that El Farayon was open for about two years. Spillman does show multiple calls there for assaults, trespassing, disturbing the peace (Alberto was cited and plead guilty for having loud music), and criminal mischief. In looking at the El Jalapenos application, I found that Alberto disclosed convictions from ten different contacts with law enforcement over the years. Two of those convictions (carrying a concealed weapon & 3rd degree assault) would have precluded him from receiving a liquor license, but the convictions were set aside prior to him obtaining a license for La Cabana. Alberto also said that he's not borrowing any money to establish/operate the business, no one else will share in the business profits, and none of the furniture, fixtures, or equipment will be owned by someone else. Alberto has leased the property for El Jalapenos until 11/30/18. He also stated that the primary business of El Jalapenos will be a restaurant which will be open until 10:00 PM Sunday through Thursday and 10:30 PM on Friday and Saturday. According to his application, Alberto has lived in Grand Island since 2001, and his spouse (Macrina Baldovinos) lived in Mexico from 1987 through 2008 and in Grand Island since 2008. Macrina signed a Spousal Affidavit of Non- Participation form. Alberto said in his business plan that he intends to operate El Jalapenos in a similar fashion as La Cabana. As I mentioned above, Alberto stated on his application that none of the furniture, fixtures, or equipment for his business will be owned by someone else. However, the application has an "Exhibit A" attached to it which lists furniture and equipment totaling $34,704. I'm guessing those items belong to someone else since Alberto is leasing the property. I will clear that up with him when I speak to him. I checked Alberto through Spillman and NCJIS. Alberto has several contacts in Spillman, but all of them with Alberto being an "offender" occurred prior to the issuance of his liquor license for La Cabana with the exception of the disturbing the peace at El Farayon mentioned above. I did not find any undisclosed convictions listed in NCJIS. Alberto is listed as a "Multi-State Offender" in NCJIS, but I am unable to run out of state criminal history checks on liquor license investigations. It could be as simple as his DUI out of Missouri that he disclosed on his application. Any additional information will have to be obtained from fingerprint records. I also checked Alberto through a paid law enforcement-only database and found that he had a civil judgment filed against him in 2009 by Credit Management for $1,265. I called Credit Management and was told that the judgment has been satisfied. I did a general Internet search and found a couple of facebook pages for Alberto. One has a photograph of a margarita glass with no other information. The other has a photograph of a male who appears to have a couple of guns strapped to his hips along with four photographs which all include a young girl presumed to be a relative. I called Alberto on 1/11/16 and set up a time to meet with him on 1//12/16 at 0930 at the new restaurant. Nebraska State Patrol Investigator Dan Fiala and I met with Alberto at the scheduled time and place. Alberto informed us that he does not know the people who owned El Mariachi or San Pedro. Alberto did not know the owner of La Cocina either Grand Island Council Session - 1/26/2016 Page 8 / 80 until he expressed interest in putting in El Jalapenos. Alberto is leasing the building (not from the owner of La Cocina) and buying some of the equipment in the building. Alberto agreed to pay the owner of La Cocina $1,000 per month for thirty months to pay for the equipment. Alberto also said that "Exhibit A" in his application is not accurate. Alberto looked at a copy of it and believes the list is from La Cabana and should not have been included in this application. Alberto was asked about convictions in other states to address the "Multi-State Offender" issue. Other than his DUI that he disclosed out of Missouri, Alberto said he can only recall a speeding ticket he received in Texas five or six years ago. I asked Alberto about his experience with El Farayon and the related police contacts. Alberto said El Farayon was a bar, not a restaurant. He said that was a stressful endeavor that he's not interested in doing again anytime soon. I showed Alberto a copy of the facebook page with a photograph of a male standing on showing off two black objects on his belt. Alberto confirmed that was a photograph of him wearing a 9mm and .380 handgun on his belt. I asked why he would put the photograph on his facebook page, and he said the he was happy at the time with his purchase of the handguns. He said the other photographs of the little girl are his daughter. Alberto has an active concealed carry permit, so there's nothing illegal about him posing with a couple of handguns. Alberto also acknowledged that the other facebook page with the margarita on it was his as well. He said it was for La Cabana, but there's nothing on it because he doesn't keep it up. All in all, other than the mistake with "Exhibit A," I didn't find any problems with Alberto's application. He had a few issues with El Farayon, but he closed it. He seems to run a good business at La Cabana and has had no issues with the Grand Island Police Department or the Nebraska Liquor Control Commission. With his plans to operate El Jalapenos like he operates La Cabana, the Grand Island Police Department has no objection to El Jalapenos receiving a liquor license or to Alberto Baldovinos becoming the liquor manager. Grand Island Council Session - 1/26/2016 Page 9 / 80 COLLEGE ST COLLEGE STHANCOCKAVEVIACOMOCOLLEGEST WAUGH ST W PIPERSTV I A T R I V OLI HANCOCKAVECOLLEGE ST FORRESTSTVIA TRIVOLICOTTAGE ST VIACOMOVIATRIVOLICHANTILLY STCAPITAL AVE W RUE DECOLLEGEVIAMILANO ST JAMES PLCARLETONAVE STATE ST W C U R R ANAVE CONESTOGADROVERLANDDRPLAZA DRSHERIDAN AVEO GRADY ST KELLY STST PATRICK AVELAWRENCE LNO FLANNAGAN STUS HI GHWAY281 NWESTSIDE STUS HIGHWAY281 NWEBB RD NOLD HIGHWAY 2 W DIERS AVE NUS HIGHWAY 281 NUS HIGHWAY 281 Nµ Liquor ApplicationLa Cabana, LLCEl JalapenosClass "I"2418 N Webb Rd. Legend StreetCenterlineLiquor License Locations2418 Webb Rd 1500'Radius Grand Island Council Session - 1/26/2016 Page 10 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item E-2 Public Hearing on Request to Rezone Property located North of Highway 34 and East of South Locust Street from B2-AC - General Business – Arterial Commercial Overlay & TA – Transitional Agricultural to LLR - Large Lot Residential and B2-AC – General Business – Arterial Commercial Overlay (Vanosdall) Council action will take place under Ordinances item F-1. Staff Contact: Chad Nabity Grand Island Council Session - 1/26/2016 Page 11 / 80 Council Agenda Memo From:Regional Planning Commission Meeting:January 26, 2016 Subject:Public Hearing on Request to Rezone Property located North of Highway 34 and East of South Locust Street from B2-AC - General Business – Arterial Commercial Overlay & TA – Transitional Agricultural to LLR - Large Lot Residential and B2-AC – General Business – Arterial Commercial Overlay (Wayne Vanosdall) Presenter(s):Chad Nabity AICP, Regional Planning Director Background To rezone approximately 28.266 acres of land north of U.S. Highway 34 and east of Locust Street from TA Transitional Agriculture and B2-AC General Business with an Arterial Commercial Overlay to LLR Large Lot Residential and B2-AC General Business with an Arterial Commercial Overlay. This is the location of the Vanosdall Ball Fields, a private residence and a small lake. Rezoning this property as proposed would allow the owner to subdivide the property into 3 lots as proposed with Vanosdall Second Subdivision, also under consideration at this meeting. Discussion At the regular meeting of the Regional Planning Commission, held January 6, 2016 the above item was considered following a public hearing. O’Neill opened the Public Hearing. Nabity explained this request was to rezone approximately 28.266 acres of land north of U.S. Highway 34 and east of Locust Street from TA Transitional Agriculture and B2-AC General Business with an Arterial Commercial Overlay to LLR Large Lot Residential and B2-AC General Business with an Arterial Commercial Overlay. This is the location of the Vanosdall Ball Fields, a private residence and a small lake. Rezoning this property as proposed would allow the owner to subdivide the property into 3 lots as proposed with Vanosdall Second Subdivision, also under consideration at this meeting. Grand Island Council Session - 1/26/2016 Page 12 / 80 O’Neill closed the Public Hearing. A motion was made by Hoggatt and seconded by Huismann to approve the Rezone request as presented. The motion carried with 10 members present and all voting in favor (O’Neill, Huismann, Ruge, Maurer, Kjar, Robb, Rainforth, Hoggatt, Sears and Monter) and no member abstaining. The memo sent to the planning commission with staff recommendation is attached for review by Council. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the rezoning request as presented 2.Modify the rezoning request to meet the wishes of the Council 3.Postpone the issue Recommendation City Administration recommends that the Council approve the proposed changes as recommended. Sample Motion Move to approve the ordinance and development plan as presented. Grand Island Council Session - 1/26/2016 Page 13 / 80 Grand Island Council Session - 1/26/2016 Page 14 / 80 Agenda Item # 4 PLANNING DIRECTOR RECOMMENDATION TO REGIONAL PLANNING COMMISSION: December 23, 2015 SUBJECT:Zoning Change (C-07-2016GI) PROPOSAL:To rezone approximately 28.266 acres of land north of U.S. Highway 34 and east of Locust Street from TA Transitional Agriculture and B2-AC General Business with an Arterial Commercial Overlay to LLR Large Lot Residential and B2-AC General Business with an Arterial Commercial Overlay. This is the location of the Vanosdall Ball Fields, a private residence and a small lake. Rezoning this property as proposed would allow the owner to subdivide the property into 3 lots as proposed with Vanosdall Second Subdivision, also under consideration at this meeting. OVERVIEW: Site Analysis Current zoning designation:TA – Transitional Agriculture B2-AC General Business with and Arterial Commercial Overlay Permitted and conditional uses:TA Agricultural uses including: raising of livestock, but not confined feeding, raising crops, greenhouses and nurseries and residential uses up to a density of 1 unit per 20 acres. Minimum lot size 20 acres. B2-Residential uses at a density of up to 43 units per acre, a variety of commercial, retail, office and service uses. AC- An overlay district that was created after the 1980 tornadoes to increase the landscaping and limit outdoor sales in along South Locust. Comprehensive Plan Designation:Designated for future development as low to medium density residential from the south edge of the lake to the north property line and highway commercial from the south edge of the lake to U.S. Highway 34. (See the attached future land use map) Existing land uses.Vacant (Formerly Ball Field Complex) and Single Family Residence Proposed Zoning Designation B2-AC General Business with and Arterial Commercial Overlay -. LLR-Large Lot Residential - Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre with 25% coverage. Grand Island Council Session - 1/26/2016 Page 15 / 80 Adjacent Properties Analysis Current zoning designations:North: LLR- Large Lot Residential and B2-AC General Business with an Arterial Commercial Overlay East TA- Transitional Agriculture, West: B2-AC General Business with an Arterial Commercial Overlay South: CD-Commercial Development Zone Permitted and conditional uses:TA Agricultural uses including: raising of livestock, but not confined feeding, raising crops, greenhouses and nurseries and residential uses up to a density of 1 unit per 20 acres. Minimum lot size 20 acres. LLR –- Agricultural uses, recreational uses and residential uses at a density of 2 dwelling units per acre with 25% coverage. B2-Residential uses at a density of up to 43 units per acre, a variety of commercial, retail, office and service uses. AC- An overlay district that was created after the 1980 tornadoes to increase the landscaping and limit outdoor sales in along South Locust. CD a variety of commercial, retail, office and service uses with development permitted as outlined in the development agreement, no residential uses. Comprehensive Plan Designation:North: Designated for Low to Medium Density Residential. West: Designated for General and Highway Commercial East: Designated for Medium Density Residential to Office South: Designated for Highway Commercial Existing land uses:North Lake front residential on very large lots South: Walmart East: Residential and Farm Ground West: Hotels and vacant property owned by CRA (formerly The Desert Rose) EVALUATION: Positive Implications: Consistent with the City’s Comprehensive Land Use Plan: The subject property is designated for a combination of Commercial and Residential uses Would allow for additional development at this key intersection on the entrance to Grand Island: This would allow the property owners to develop this site. Grand Island Council Session - 1/26/2016 Page 16 / 80 Consistent with existing uses: This change is consistent with the existing uses in the area. Negative Implications: None foreseen. Other Considerations The this property is already intended for possible commercial and residential uses as shown below on the Future Land Use Map for the City of Grand Island. Future Land Use Map of the Area as approved in the Grand Island Comprehensive Plan Grand Island Council Session - 1/26/2016 Page 17 / 80 RECOMMENDATION: That the Regional Planning Commission recommend that the Grand Island City Council change the zoning on this site from B2-AC General Business with an Arterial Commercial Overlay and TA-Transitional Agriculture to B2-AC General Business with an Arterial Commercial Overlay and LLR Large Lot Residential as requested and shown on the attached map. ___________________ Chad Nabity AICP, Planning Director Grand Island Council Session - 1/26/2016 Page 18 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item E-3 Public Hearing on Acquisition of Utility Easement at 2007 North Broadwell Avenue (Super Market Developers, Inc.) Council action will take place under Consent Agenda item G-8. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/26/2016 Page 19 / 80 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:January 26, 2016 Subject:Public Hearing on Acquisition of Utility Easement at 2007 North Broadwell Avenue (Super Market Developers, Inc.) Presenter(s):John Collins PE, Public Works Director Background Nebraska State Statutes stipulate that the acquisition of property requires a public hearing to be conducted with the acquisition approved by the City Council. Public utility easements are needed to accommodate public utilities for redevelopment of the lot on the northeast corner of the Five Points intersection by Super Market Developers (location of the previous Skagway store). The easements will allow for the construction, operation, maintenance, extension, repair, replacement, and removal of public utilities within the easements. Discussion To allow for the accommodation of public utilities at the new Super Market Developers location, at the northeast corner of the Five Points intersection, it is requested that utility easements be acquired by the City of Grand Island according to the attached sketches. 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 Grand Island Council Session - 1/26/2016 Page 20 / 80 Recommendation City Administration recommends that the Council conduct a Public Hearing and approve the acquisition of the easements. Sample Motion Move to approve the acquisition of the easements. Grand Island Council Session - 1/26/2016 Page 21 / 80 Grand Island Council Session - 1/26/2016 Page 22 / 80 Grand Island Council Session - 1/26/2016 Page 23 / 80 Grand Island Council Session - 1/26/2016 Page 24 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item F-1 #9571 – Consideration of Request to Rezone Property located North of Highway 34 and East of South Locust Street from B2-AC - General Business – Arterial Commercial Overlay & TA – Transitional Agricultural to LLR - Large Lot Residential and B2- AC – General Business – Arterial Commercial Overlay This item relates to the aforementioned Public Hearing item E-2. Staff Contact: Chad Nabity Grand Island Council Session - 1/26/2016 Page 25 / 80 Approved as to Form ¤ ___________ January 22, 2016 ¤ City Attorney ORDINANCE NO. 9571 An ordinance rezoning a certain tract of land within the zoning jurisdiction of the City of Grand Island; changing the land use classification of the all of Lot One (1) and Two (2) of Vanosdall Second Subdivision and the adjoining road right of from TA Transitional Agriculture and B2-AC General Business with an Arterial Commercial Overlay to LLR Large Lot Residential Zone and all of Lot Three (3) of Vanosdall Second Subdivision and the north half the of the right of way for U.S. Highway 34 from TA Transitional Agriculture and B2-AC General Business with an Arterial Commercial Overlay to B2-AC General Business with an Arterial Commercial Overlay all in the South Half (S½) o the Southwest Quarter (SW¼) of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, directing that such zoning change and classification be shown on the Official Zoning Map of the City of Grand Island pursuant to the provisions of Sections 36-44 and 36-51; and providing for publication and an effective date of this ordinance. WHEREAS, the Regional Planning Commission on January 6, 2016, held a public hearing and made a recommendation on the proposed zoning of such area; and WHEREAS, notice as required by Section 19-923, R.R.S. 1943, has been given to the Boards of Education of the school districts in Hall County, Nebraska; and WHEREAS, after public hearing on January 26, 2016, the City Council found and determined the change in zoning is consistent with the comprehensive development plan and should be approved and made. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA: Grand Island Council Session - 1/26/2016 Page 26 / 80 ORDINANCE NO. 9571 (Cont.) - 2 - SECTION 1. The following tract of land is hereby rezoned, reclassified and changed from TA Transitional Agriculture and B2-AC General Business with an Arterial Commercial Overlay to LLR Large Lot Residential Zone: All of Lot One (1) and Two (2) of Vanosdall Second Subdivision and the adjoining road right all in the South Half (S½) o the Southwest Quarter (SW¼) of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska, And additionally the following tract of land is hereby rezoned, reclassified and changed from TA Transitional Agriculture and B2-AC General Business with an Arterial Commercial Overlay to B2-AC General Business with an Arterial Commercial Overlay: All of Lot Three (3) of Vanosdall Second Subdivision and the north half the of the right of way for U.S. Highway 34 all in the South Half (S½) o the Southwest Quarter (SW¼) of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in Hall County, Nebraska. SECTION 2. That the Official Zoning Map of the City of Grand Island, Nebraska, as established by Sections 36-44 and 36-51 of the Grand Island City Code be, and the same is, hereby ordered to be changed, amended, and completed in accordance with this ordinance. SECTION 3. That this ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 26, 2016. ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/26/2016 Page 27 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item F-2 #9572 - Consideration of Vacation of Utility Easements Located at 2007 N Broadwell Avenue (Super Market Developers, Inc.) Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/26/2016 Page 28 / 80 Council Agenda Memo From:Terry Brown PE, Assistant Public Works Director Meeting:January 26, 2016 Subject:Consideration of Vacation of Utility Easements Located at 2007 N Broadwell Avenue (Super Market Developers, Inc.) Presenter(s):John Collins PE, Public Works Director Background Ingress/Egress, utility and drainage easements were filed with Hall County Register of Deeds on July 10, 2015 in connection with the plat for Skag-Way Third Subdivision. These utility easements are no longer needed to accommodate existing or proposed utilities and vacating them will support the redevelopment of this area. Discussion The developer/property owner, Super Market Developer, Inc. is requesting to vacate such dedicated utility easements within Skag-Way Third Subdivision. There are no utilities currently within these easements that will be affected by the vacation. The attached sketch details the referenced easements to be vacated. 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 pass an ordinance vacating the utility easements located in Skag-Way Third Subdivision. Sample Motion Move to pass an ordinance vacating the easements. Grand Island Council Session - 1/26/2016 Page 29 / 80 Approved as to Form ¤ ___________ January 22, 2016 ¤ City Attorney This Space Reserved for Register of Deeds ORDINANCE NO. 9572 An ordinance to vacate existing utility easements and to provide for filing this ordinance in the office of the Register of Deeds of Hall County, Nebraska; to repeal 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. That existing utility easements located in a portion of an existing 40’ ingress/egress, utility and drainage easement and portion of an existing 25’ utility and drainage easement, both being located in Lot 1 and Lot 2 of Skag-Way 3rd Subdivision, in the City of Grand Island, Hall County, Nebraska and more particularly described as follows: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S89o33’52”W ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 20.00 FEET TO THE POINT OF INTERSECTION OF SAID SOUTH LINE AND THE WEST LINE OF SAID 40’ INGRESS/EGRESS, UTILITY AND DRAINAGE EASEMENT; THENCE N00o49’33”W ALONG SAID WEST LINE A DISTANCE OF 317.36 FEET TO THE POINT OF INTERSECTION OF SAID WEST LINE AND THE SOUTH LINE OF SAID 25’ UTILITY AND DRAINAGE EASEMENT; THENCE S89o10’27”W ALONG SAID SOUTH LINE A DISTANCE OF 342.00 FEET TO THE POINT OF INTERSECTION OF SAID SOUTH LINE AND THE EAST LINE OF AN EXISTING 7’ UTILTY EASEMENT LOCATED IN SAID LOT 1; THENCE N00o49’33”W ALONG SAID EAST LINE A DISTANCE OF 25.00 FEET TO THE POINT OF INTERSECTION OF SAID EAST LINE AND THE NORTH LINE OF SAID 25’ UTILITY AND DRAINAGE EASEMENT; THENCE N89o10’27”E ALONG SAID NORTH LINE A DISTANCE OF 342.00 FEET TO THE POINT OF INTERSECTION OF SAID NORTH LINE AND THE WEST LINE OF SAID EXISTING 40’ INGRESS/EGRESS, UTILITY AND DRAINAGE EASEMENT; THENCE N00o49’33”W ALONG SAID WEST LINE A DISTANCE OF Grand Island Council Session - 1/26/2016 Page 30 / 80 ORDINANCE NO.9572 (Cont.) - 2 - 341.42 FEET TO A POINT ON THE NOTH LINE OF SAID LOT 1; THENCE N89o29’49”E ALONG SAID NORTH LINE AND THE NORTH LINE OF SAID 40’ INGRESS/EGRESS, UTILITY AND DRAINAGE EASEMENT A DISTANCE OF 40.00 FEET TO THE NORTHEAST CORNER OF SAID EASEMENT; THENCE S00o49’33”E ALONG THE EAST LINE OF SAID 40’ INGRESS/EGRESS, UTILITY AND DRAINAGE EASEMENT A DISTANCE OF 683.83 FEET TO THE POINT OF INTERSECTION OF SAID EAST LINE AND THE SOUTH LINE OF SAID LOT 2; THENCE S89o33’52”W ALONG SAID SOUTH LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PORTION OF SAID EASEMENTS CONTAINS 35,902 SQUARE FEET MORE OR LESS. is hereby vacated. Such easements to be vacated are shown and more particularly described on Easement Vacation Exhibit attached hereto. SECTION 2. The title to the property vacated by Section 1 of this ordinance shall revert to the owner or owners of the real estate upon which the easement is located. SECTION 3. This ordinance is directed to be filed, with the drawing, in the office of the Register of Deeds of Hall County, Nebraska. SECTION 4. This ordinance shall be in force and take effect from and after its passage and publication, within fifteen days in one issue of the Grand Island Independent as provided by law. Enacted: January 26, 2016 ____________________________________ Jeremy L. Jensen, Mayor Attest: ________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/26/2016 Page 31 / 80 Grand Island Council Session - 1/26/2016 Page 32 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item G-1 Approving Minutes of January 12, 2016 City Council Regular Meeting Staff Contact: RaNae Edwards Grand Island Council Session - 1/26/2016 Page 33 / 80 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL REGULAR MEETING January 12, 2016 Pursuant to due call and notice thereof, a Regular Meeting of the City Council of the City of Grand Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on January 12, 2016. Notice of the meeting was given in The Grand Island Independent on January 6, 2016. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following City Council members were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Julie Hehnke, Linna Dee Donaldson, Michelle Fitzke, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Chuck Haase was absent. The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, Assistant City Attorney Stacy Nonhof, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council member Huraiya Adhora and Ashley Rodriguez. INVOCATION was given by Retired Pastor Gene Arnold, Abundant Life Christian Center, 3411 West Faidley Avenue followed by the PLEDGE OF ALLEGIANCE. CONSENT AGENDA: Motion by Paulick, second by Donaldson to approve the Consent Agenda. Upon roll call vote, all voted aye. Motion adopted. Approving Minutes of December 22, 2015 City Council Regular Meeting. Approving Minutes of December 29, 2015 City Council Special Meeting. #2016-1 – Approving Blight and Substandard Area Designation for Downtown Improvement District. #2016-2 – Approving Change Order No. 1 for The Chocolate Bar – Banquet Hall with Fox Construction of Grand Island, NE for an Extension from December 4, 2015 to March 11, 2016. #2016-3 - Approving Certificate of Final Completion for Water Main District 467T - Engleman Road - Old Potash Highway, South 1/2 Mile with Judd’s Brothers Construction of Lincoln, NE. #2016-4 - Approving the Certificate of Compliance with the Nebraska Department of Roads for Maintenance Agreement No. 12; Calendar Year 2015. #2016-5 - Approving Purchase of a New 1/2 Ton, Four-Wheel Drive, Extended Cab Pick-up for the Streets Division of the Public Works Department from State Contract with Sid Dillon of Wahoo, NE. Grand Island Council Session - 1/26/2016 Page 34 / 80 Page 2, City Council Regular Meeting, January 12, 2016 #2016-6 - Approving Certificate of Final Completion for Construction of the Headworks Improvements; Project No. WWTP-2013-1 Improvements – Wastewater Division with Garney Companies, Inc. of Kansas City, MO. #2016-7 - Approving Change Order No. 5 for North Interceptor Phase II; Project No. 2013-S-4 with S.J. Louis Construction, Inc. of Rockville, MN for an Increase of $171,544.13 and a Revised Contract Amount of $21,456,967.64. #2016-8 - Approving Certificate of Final Completion for Handicap Ramp Project No. 2015-HC- 1 with The Diamond Engineering Company of Grand Island, NE. #2016-9 - Approving Change Order No. 2 - Sterling Park Site Development-2015-Phase Two of Concrete Trail Construction with The Diamond Engineering Company of Grand Island, NE for a Decrease of $2,429.25 and a Revised Contract Amount of $46,827.75. #2016-10 - Approving Bid Award for (1) New Commercial 128" Cut Rotary Turf Mower for Parks Division from Green Line Equipment of Grand Island, NE in an Amount of $45,889.07. #2016-11 – Approving Bond for Finance Director/Treasurer Renae Griffiths. RESOLUTIONS: #2016-12 - Consideration of Appointment of Jerry Janulewicz as City Attorney. Mayor Jensen recommended the appointment of Jerry Janulewicz as City Attorney. Motion by Stelk, second by Donaldson to approve Resolution #2016-12. Upon roll call vote, all voted aye. Motion adopted. #2016-13 - Consideration of Approving Agreement with Union Bank & Trust Company for Police Pension Plan. Assistant Finance Director William Clingman reported that the Police and Fire Pension committees had issued Requests for Proposals (RFP) for the management of the Police and Fire Pension Plans. Nine RFP’s were received and reviewed by the committee. The committee recommended Union Bank & Trust Company for the Police Pension Plan. Motion by Minton, second by Hehnke to approve Resolution #2016-13. Upon roll call vote, all voted aye. Motion adopted. #2016-14 - Consideration of Approving Agreement with Union Bank & Trust Company for Fire Pension Plan. Assistant Finance Director William Clingman reported that the Police and Fire Pension committees had issued Requests for Proposals (RFP) for the management of the Police and Fire Pension Plans. Nine RFP’s were received and reviewed by the committee. The committee recommended Union Bank & Trust Company for the Fire Pension Plan. Motion by Hehnke, second by Paulick to approve Resolution #2016-14. Upon roll call vote, all voted aye. Motion adopted. Grand Island Council Session - 1/26/2016 Page 35 / 80 Page 3, City Council Regular Meeting, January 12, 2016 #2016-15 - Consideration of Approving Legal Services for Problem Resolution Team. Building Department Director Craig Lewis reported that the Building Department issued a request for proposal for legal services to obtain a court order to abate a public nuisance at 220 S. Vine Street. One proposal was received from Neuhaus Law Office of Grand Island, NE. Staff recommended hiring Neuhaus Law Office in an amount not-to-exceed $4,500.00. Discussion was held regarding the funding source. Mr. Lewis stated this would be paid out of the Problem Resolution Team budget. Comments were made regarding hiring an outside attorney when the City Attorney could do this. Mr. Lewis stated historically this had been done in-house but with the work load of the City Attorney’s office he wanted to try this on a trial basis. City Administrator Marlan Ferguson stated a number of projects had not been dealt with previously and with the change in City Attorney we needed to move forward. Assistant City Attorney Stacy Nonhof commented on the legal process and the time it takes to abate a nuisance. Motion by Donaldson, second by Minton to approve Resolution #2016-15. Upon roll call vote, Councilmembers Paulick, Minton, Fitzke, Donaldson, Hehnke, Jones, Stelk, and Nickerson voted aye. Councilmember Steele voted no. Motion adopted. PAYMENT OF CLAIMS: Motion by Donaldson, second by Hehnke to approve the Claims for the period of December 30, 2015 through January 12, 2016 for a total amount of $3,607,510.54. Unanimously approved. ADJOURNMENT: The meeting was adjourned at 7:34 p.m. RaNae Edwards City Clerk Grand Island Council Session - 1/26/2016 Page 36 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item G-2 Approving Minutes of January 19, 2015 City Council Study Session Staff Contact: RaNae Edwards Grand Island Council Session - 1/26/2016 Page 37 / 80 CITY OF GRAND ISLAND, NEBRASKA MINUTES OF CITY COUNCIL STUDY SESSION January 19, 2016 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 January 19, 2016. Notice of the meeting was given in the Grand Island Independent on January 13, 2016. Mayor Jeremy L. Jensen called the meeting to order at 7:00 p.m. The following Councilmembers were present: Mitch Nickerson, Mark Stelk, Jeremy Jones, Chuck Haase, Julie Hehnke, Linna Dee Donaldson, Vaughn Minton, Roger Steele, and Mike Paulick. Councilmember Michelle Fitzke was absent: The following City Officials were present: City Administrator Marlan Ferguson, City Clerk RaNae Edwards, Finance Director Renae Griffiths, City Attorney Jerry Janulewicz, and Public Works Director John Collins. Mayor Jensen introduced Community Youth Council members Eshan Sood and Melissa Cuellar. INVOCATION was given by Community Youth Council member Eshan Sood followed by the PLEDGE OF ALLEGIANCE. SPECIAL ITEM: Update – Grow Grand Island. Chamber of Commerce President Cindy Johnson gave a history on visioning in Grand Island which started in 1997. Heartland Events Center, Moonshell and Multicultural Coalition were the first initiatives. Presented was the following mission statement for Grow Grand Island (GGI): “Grow Grand Island cultivates bold ideas that create business and quality of life opportunities in our region through planning, partnering and doing.” The goals for GGI were: to help existing businesses grow; assist and nurture entrepreneurial culture; enhance community image and marketing activities; improve educational attainment that align with employer needs; and continue to develop our community assets. The GGI Executive Committee consisted of: Mayor Jeremy Jensen, City Administrator Marlan Ferguson, Hall County Supervisors Pam Lancaster and Jane Richardson, Don Smith, Implementation Chairman from the Grand Island Independent, Brad Mellema and Tony Schultz with the Grand Island Convention & Visitors Bureau, Cindy Johnson and Kurt Haecker with the Chamber of Commerce and Dave Taylor and Galen Stehlik with the Grand Island Area Economic Development Corporation. Mayor Jensen’s passions were for the Patriot Gardens development project, State Fair-Fonner Expansion, Highway 281 Corridor Development and Husker Harvest Days partnership. Implementation Chairman Don Smith, 304 Pheasant Drive thanked the City for the help in promoting this project. His committee was working on the seven entrances to Grand Island. Grand Island Council Session - 1/26/2016 Page 38 / 80 Page 2, City Council Study Session, January 19, 2016 Reviewed were the entrances. The vision was to make distinctive, elegant, timeless welcoming impressions along the Grad Island major corridors. Reviewed was the process and schedule through 2040 for the transportation plan. Growth of the City and traffic congestion through 2025 and 2040 were presented. Housing preservation, development and neighborhood initiatives were reviewed. It was mentioned that the Food & Beverage Tax would go before the voters at the May 10, 2016 Primary Election. This would continue the existing 1.5% tax on all food and beverage which included alcohol. Discussion - Cemetery Expansion. Parks and Recreation Director Todd McCoy gave a brief background and reviewed the cemetery site selection and analysis process created by Confluence. Through this process Confluence examined multiple sites as expansion possibilities for the Grand Island Cemetery. The following five sites were chosen as potential expansion properties: Site 1 - Webb Road Sport Fields Site 2 - Westlawn Memorial Cemetery Site 3 - Undeveloped urban land Site 4 - Rural residential property Site 5 - Nebraska Veteran Memorial Cemetery site Reviewed was the new Site at the Nebraska Veteran Memorial Cemetery.\ Site 5 – Veterans Cemetery Site: Benefits – land is owned by the City so there are no acquisition costs. An existing cemetery is on-site, so shared maintenance facilities and equipment would be possible. This site has a good street presence and good views. There is multiple access points along both frontage roads, access through tree line could happen in the future. Challenges – traffic along the roads could cause unwanted noise. The tree plantings must being immediately to begin to build the desired cemetery character. Noise from adjacent highway and railroad tracks would need to be addressed to create a tranquil cemetery setting, buffers should be a consideration in master planning. Constraints – the veteran’s cemetery must be incorporated into the future cemetery design and a drainage way existing through the site. Further study would be required to determine the full impacts. The following total costs of expansion for each of the sites were presented along with the years before future expansion would be needed: Expansion Costs Future Expansion Site 1 – Webb Road $ 642,500.00 42 years Site 2 – Westlawn Cemetery $2,058,950.00 25 years Site 3 – Undeveloped Urban $2,314,850.00 73 years Site 4 – Rural Property $2,350,100.00 73 years Site 5 – Veteran Cemetery $1,316,600.00 44 years Grand Island Council Session - 1/26/2016 Page 39 / 80 Page 3, City Council Study Session, January 19, 2016 Discussed was held on the payback to the Cemetery Fund which was included in these figures along with the number of cremations. The following the operational costs were presented: Year 1 Year 5 Year 10 Year 15 Site 1 – Webb Road $ 15,000 $ 25,000 $ 45,000 $140,000 Site 2 – Westlawn Cemetery $230,000 $230,000 $315,000 $315,000 Site 3 – Undeveloped Urban $ 80,000 $160,000 $190,000 $205,000 Site 4 – Rural Property $ 80,000 $160,000 $255,000 $270,000 Site 5 – Veteran Cemetery $ 80,000 $160,000 $255,000 $270,000 Additional staff was discussed. It was requested that Council be given a cost per existing burial site. Closure fund (Cemetery Trust Fund) amounts were requested for the Webb Road site. Jerry Hirschman, 2315 Gateway Avenue requested that the Veteran Cemetery be kept strictly for veterans and that the land be controlled by the veterans. Jerry Poels, 3418 Deann Road spoke in support of the veterans keeping the land. Mayor Jensen stated we needed to look at Site 5 – Veteran Cemetery and see how it fit into the bigger picture of the Patriot Gardens development before this was brought back to Council for final approval. He stated these 640 acres would take time to develop and needed to be studied by a consultant through a master plan. Cemetery Superintendent Mark Sands, 1022 West 9th Street stated there was 5 years left in the current cemetery and it takes time to create a new cemetery. Time was of the essence and there needed to be more acres designated for the cemetery. ADJOURNMENT: The meeting was adjourned at 8:50 p.m. RaNae Edwards City Clerk Grand Island Council Session - 1/26/2016 Page 40 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item G-3 Approving Liquor Manager Designation for Stephanie Moreno, 2323 Bellwood Drive #208 for Fiesta Latina/Klub Lavish, 2815 South Locust Street Staff Contact: RaNae Edwards Grand Island Council Session - 1/26/2016 Page 41 / 80 Council Agenda Memo From:RaNae Edwards, City Clerk Meeting:January 26, 2016 Subject:Request from Stephanie Moreno, 2323 Bellwood Drive #208 for Liquor Manager Designation with Fiesta Latina/Klub Lavish, 2815 South Locust Street Presenter(s):RaNae Edwards, City Clerk Background Stephanie Moreno, 2323 Bellwood Drive #208 has submitted an application with the City Clerk’s Office for a Liquor Manager Designation in conjunction with Fiesta Latina/Klub Lavish, 2815 South Locust Street. This application has been reviewed by the Police Department and City Clerk’s Office. Discussion City Council action is required and forwarded to the Nebraska Liquor Control Commission for issuance of all liquor manager designations. All departmental reports have been received. See attached Police Department report. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: 1.Approve the requests. 2.Forward the requests with no recommendation. 3.Take no action on the requests. Grand Island Council Session - 1/26/2016 Page 42 / 80 Recommendation City Administration recommends that the Council approve the request for Liquor Manager Designation. Sample Motion Move to approve the request from Stephanie Moreno, 2323 Bellwood Drive #208 for Liquor Manager Designation in conjunction with the Class “C-34765” Liquor License for Fiesta Latina/Klub Lavish, 2815 South Locust Street with the stipulation that Ms. Moreno complete a state approved alcohol server/seller training program. Grand Island Council Session - 1/26/2016 Page 43 / 80 01/12/16 Grand Island Police Department 450 15:35 LAW INCIDENT TABLE Page: 1 City : Grand Island Occurred after : **:**:** **/**/**** Occurred before : **:**:** **/**/**** When reported : 09:36:00 01/08/2016 Date disposition declared : **/**/**** Incident number : L16011012 Primary incident number : Incident nature : Liquor Lic Inv Liquor Lic Inv Incident address : 2815 Locust St S State abbreviation : NE ZIP Code : 68801 Contact or caller : Complainant name number : Area location code : PCID Police - CID Received by : Vitera D How received : Agency code : GIPD GIPD Grand Island Police Dept Responsible officer : Vitera D Offense as Taken : Offense as Observed : AOFF AOFF Alcohol Offense Disposition : Misc. number : RaNae Geobase address ID : Long-term call ID : Clearance Code : CL CL Case Closed Judicial Status : = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = INVOLVEMENTS: Px Record # Date Description Relationship ---------------------------------------------------------------------- NM 186344 01/11/16 Moreno, Stephanie M Proposed Manager NM 200291 01/11/16 Klub Lavish, Business Involved LAW INCIDENT CIRCUMSTANCES: Se Circu Circumstance code Miscellaneous -- ----- ------------------------------ -------------------- 1 LT03 LT03 Bar/Night Club LAW INCIDENT NARRATIVE: **---------------------------------------- (lwmain14411901112016)** Stephanie Moreno is applying to be the liquor manager at Fiesta Latina/Klub Lavish. ~~---------------------------------------- (lwmain14411901112016)~~ Grand Island Council Session - 1/26/2016 Page 44 / 80 LAW INCIDENT OFFENSES DETAIL: Se Offe Offense code Arson Dama -- ---- ------------------------------ ---------- 1 AOFF AOFF Alcohol Offense 0.00 LAW INCIDENT RESPONDERS DETAIL: Se Responding offi Unit n Unit number -- --------------- ------ ------------------------------ 1 Vitera D 318 Vitera D LAW SUPPLEMENTAL NARRATIVE: Seq Name Date --- --------------- ------------------- 1 Vitera D 14:41:43 01/12/2016 318 Grand Island Police Department Supplemental Report Date, Time: Tue Jan 12 14:41:54 CST 2016 Reporting Officer: Vitera Unit- CID Stephanie Moreno is applying to be the liquor manager at Klub Lavish. According to her application, Stephanie has lived in Grand Island since 2011. The five years before that, she listed seven different addresses in Minnesota. Stephanie worked for Payless in 2013 and 2014 and has worked as a bartender for Klub Lavish since September of 2015. Stephanie didn't list any criminal convictions. I checked on Stephanie through Spillman and NCJIS. Spillman shows that she has a couple of traffic warnings and was a victim of a criminal mischief. No convictions are listed in NCJIS. Stephanie has a valid Nebraska driver's license, and there are no warrants for her arrest. I did a general Internet search for Stephanie and couldn't pinpoint anything to her. I also checked a paid law enforcement-only database and didn't find anything detrimental to Stephanie's application. Stephanie has lived in Nebraska for a relatively short amount of time. Assuming there are no issues at the State level, the Grand Island Police Department has no objection to Stephanie Moreno becoming the liquor manager at Klub Lavish. Grand Island Council Session - 1/26/2016 Page 45 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item G-4 #2016-16 - Approving Final Plat and Subdivision Agreement for Sanchez Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 1/26/2016 Page 46 / 80 Council Agenda Memo From:Regional Planning Commission Meeting:January 26, 2016 Subject:Sanchez Subdivision – Final Plat Presenter(s):Chad Nabity, Regional Planning Commission Director Background This property located north of 7th Street and east of Congdon Ave., in the City of Grand Island, in Hall County, Nebraska, consisting of 3.063 acres and (2 Lots). Discussion The plat for Sanchez Subdivision was considered by the Regional Planning Commission at the January 6, 2016 meeting. A motion was made by Ruge and seconded by Kjar to approve and recommend that Hall County Board of Supervisors approve the final plat of Sanchez Subdivision. A roll call vote was taken and the motion passed with 10 members present (Huismann, Sears, O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Hoggatt and Kjar) voting in favor and no members present 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 final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 1/26/2016 Page 47 / 80 Grand Island Council Session - 1/26/2016 Page 48 / 80 Raul Sanchez 1522 E 7th St Grand Island NE 68801 Developers/Owners To create 2 lots on a tract of land north of 7th St. and east of Congdon Ave., in the City of Grand Island, in Hall County, Nebraska. Size: 3.063 acres. Zoning: R2 – Low Density Residential Road Access: City Streets Water Public: City Water Sewer Public: City Sewer Grand Island Council Session - 1/26/2016 Page 49 / 80 Grand Island Council Session - 1/26/2016 Page 50 / 80 Approved as to Form ¤ ___________ January 22, 2016 ¤ City Attorney R E S O L U T I O N 2016-16 WHEREAS, Raul Sanchez and Rosa M. Barraza Sanchez, husband and wife, and Ninfa R. Sanchez and Raul Florencio Sanchez, wife and husband being the said owners of the land described in the legal description hereon, have filed an application for approval of the final plat of Sanchez Subdivision, a tract of land comprising a part of the East Half of the Southwest Quarter of the Northeast Quarter (E1/2 SW1/4 NE1/4) Section Ten (10), Township Eleven (11) North, Range Nine (9), West of the 6th P.M. in 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 SANCHEZ 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, January 26, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/26/2016 Page 51 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item G-5 #2016-17 - Approving Final Plat and Subdivision Agreement for Vanosdall Second Subdivision Staff Contact: Chad Nabity Grand Island Council Session - 1/26/2016 Page 52 / 80 Council Agenda Memo From:Regional Planning Commission Meeting:January 26, 2016 Subject:Vanosdall Second Subdivision – Final Plat Presenter(s):Chad Nabity, Regional Planning Department Director Background This property located east of south Locust Street and north of US Hwy 34, in the City of Grand Island, in Hall County, Nebraska, consisting of 28.266 acres and (3 Lots). Discussion The plat for Vanosdall Second Subdivision was considered by the Regional Planning Commission at the January 6, 2016 meeting. A motion was made by Ruge and seconded by Kjar to approve and recommend that Hall County Board of Supervisors approve the final plat of Vanosdall Second Subdivision. A roll call vote was taken and the motion passed with 10 members present (Huismann, Sears, O’Neill, Ruge, Maurer, Robb, Monter, Rainforth, Hoggatt and Kjar) voting in favor and no members present 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 final plat as presented. Sample Motion Move to approve as recommended. Grand Island Council Session - 1/26/2016 Page 53 / 80 Grand Island Council Session - 1/26/2016 Page 54 / 80 Wayne Vanosdall Sanitation Service, Inc Wayne Vanosdall, President PO Box 1284 Grand Island NE 68802 Developers/Owners To create 3 lots on a tract of land east of south Locust and north of US Hwy 34, in the City of Grand Island, in Hall County, Nebraska. Size: 28.2659 acres. Zoning: LLR – Large Lot Residential & B2 –AC – General Business with Arterial Commercial Overlay. Road Access: Water Public: Sewer Public: Grand Island Council Session - 1/26/2016 Page 55 / 80 Grand Island Council Session - 1/26/2016 Page 56 / 80 Approved as to Form ¤ ___________ January 22, 2016 ¤ City Attorney R E S O L U T I O N 2016-17 WHEREAS, Wayne Vanosdall Sanitation Service, Inc., a Nebraska Corporation, being the said owner of the land described hereon, has filed an application for approval of the final plat of Vanosdall Second Subdivision, a tract of land comprising a part of the South Half of the Southwest Quarter (S1/2 SW1/4) of Section Twenty Seven (27), Township Eleven (11) North, Range Nine (9) West of the 6th P.M. in 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 VANOSDALL SECOND 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, January 26, 2016. _______________________________________ Jeremy Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/26/2016 Page 57 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item G-6 #2016-18 - Approving Purchase of (1) New Commercial 128" Cut Rotary Mower for the Golf Division of the Parks & Recreation Department Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 1/26/2016 Page 58 / 80 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:January 26, 2016 Subject:Approve Purchase of One (1) New Commercial 128” Cut Rotary Mower for use within the Golf Division Presenter(s):Todd McCoy, Parks and Recreation Director Background Jackrabbit Run Golf Course budgeted this year to purchase one (1) new 128” cut mower. The proposed mower will replace a 1997 unit which is becoming less dependable. The new equipment will provide additional years of service and improved performance. Discussion Staff is recommending the purchase of one (1) new Toro Groundsmaster 4000-D Rotary Mower from Midwest Turf & Irrigation of Omaha, Nebraska. Midwest Turf & Irrigation provided pricing through the National Intergovernmental Purchasing Alliance. The Toro unit meets the operational requirements of the Golf Course. The total price of the mower is $59,845.00. Funds were budgeted this year for this purchase in capital account 51040001-85615. 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 purchase of one (1) new 128” cut mower. Grand Island Council Session - 1/26/2016 Page 59 / 80 Sample Motion Move to approve the purchase of one (1) new 128” Toro cut mower from Midwest Turf & Irrigation of Omaha, Nebraska. The total purchase price is $59,845.00. Grand Island Council Session - 1/26/2016 Page 60 / 80 Approved as to Form ¤ ___________ January 22, 2016 ¤ City Attorney R E S O L U T I O N 2016-18 WHEREAS, the Golf Division of the Parks & Recreation Department for the City of Grand Island, budgeted for one (1) new commercial 128” Cut Rotary Mower in the 2015/2016 fiscal year; and WHEREAS, said mower, one (1) new commercial 128” Cut Rotary Mower can be obtained from the National Intergovernmental Purchasing Alliance; and WHEREAS, purchasing the mower from the National Intergovernmental Purchasing Alliance meets all statutory bidding requirements; and WHEREAS, the funding for such mower is provided in the 2015-2016 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of one (1) new commercial 128” Cut Rotary Mower in the total amount of $59,845.00 from the National Intergovernmental Purchasing Alliance holder, Midwest Turf & Irrigation from Omaha, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/26/2016 Page 61 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item G-7 #2016-19 - Approving Purchase for (2) New 1/2 Ton Pickups for the Parks Division of the Parks & Recreation Department Staff Contact: Todd McCoy, Parks & Recreation Director Grand Island Council Session - 1/26/2016 Page 62 / 80 Council Agenda Memo From:Todd McCoy, Parks and Recreation Director Meeting:January 26, 2016 Subject:Bid Award for two (2) Chevrolet Silverado Pickups Presenter(s):Todd McCoy, Parks and Recreation Director Background The Parks Division budgeted this year to replace two (2) pickups (1990 and 2001.) Two (2) new half-ton pickups will replace the older units. The replacement pickups are necessary as the current equipment is becoming less dependable. The new equipment will provide additional years of service to the Parks Division operation. Discussion The vehicle specifications awarded under State of Nebraska contract meet the requirements for the Parks Division. Sid Dillon Chevrolet Buick of Wahoo, Nebraska submitted a bid with no exceptions in the amount of $27,727.00 for vehicle #1 and $26,868.00 for vehicle #2. The total purchase price for both vehicles is $54,595.00. The purchase will be funded from capital account 10044403-85625. Vehicle #1: $27,727.00 State of Nebraska Contract: 14363 2016 Chevrolet Silverado Half-Ton Crew Cab 2-Wheel Drive Pickup Vehicle #2: $26,868.00 State of Nebraska Contract: 14366 2016 Chevrolet Silverado Half-Ton Extended Cab 4-Wheel Drive Pickup 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 Grand Island Council Session - 1/26/2016 Page 63 / 80 Recommendation City Administration recommends that the Council approve the purchase of two (2) new 2016 Chevrolet Silverado pickups from Sid Dillon Chevrolet Buick of Wahoo, Nebraska. The total purchase price is $54,595.00. Sample Motion Move to approve the purchase of two (2) new 2016 Chevrolet Silverado pickups for the amount of $54,595.00. Grand Island Council Session - 1/26/2016 Page 64 / 80 Approved as to Form ¤ ___________ January 22, 2016 ¤ City Attorney R E S O L U T I O N 2016-19 WHEREAS, the Parks Division of the Parks & Recreation Department for the City of Grand Island, budgeted for two (2) vehicles in the 2015/2016 fiscal year; and WHEREAS, said vehicles, two (2) 2016 Chevrolet Silverado half-ton Pickups, can be obtained from the State Contract holder; and WHEREAS, purchasing the vehicles from the State Contract holder meets all statutory bidding requirements; and WHEREAS, the funding for such vehicles is provided in the 2015-2016 budget. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the purchase of two (2) 2016 Chevrolet Silverado half- ton Pickups in the total amount of $54,595.00 from the State Contract holder, Sid Dillon Chevrolet Buick of Wahoo, Nebraska is hereby approved. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/26/2016 Page 65 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item G-8 #2016-20 - Approving Acquisition of Utility Easement at 2007 North Broadwell Avenue (Super Market Developers, Inc.) This item relates to the aforementioned Public Hearing item E-3. Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/26/2016 Page 66 / 80 Approved as to Form ¤ ___________ January 22, 2016 ¤ City Attorney R E S O L U T I O N 2016-20 WHEREAS, public utility easements are required by the City of Grand Island, from Super Market Developers, Inc., in Lots One (1) and Two (2), Skag-Way Subdivision, City of Grand Island, Hall County, Nebraska and more particularly described as follows: EASEMENT NO. 1 A PERMANENT UTILITY EASEMENT LOCATED IN LOT 2 OF SKAG-WAY THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A NORTHERLY CORNER OF SAID LOT 2; THENCE ON AN ASSUMED BEARING OF S89o23’49”W ALONG A NORTHERLY LINE OF SAID LOT 2 A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING; THENCE S00o41’08”E A DISTANCE OF 129.85 FEET; THENCE S89o18’52”W A DISTANCE OF 20.00 FEET; THENCE N00o41’08”W A DISTANCE OF 129.88 FEET TO A POINT ON A NORTHERLY LINE OF SAID LOT 2; THENCE N89o23’49”E ALONG SAID NORTHERLY LINE A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT UTILITY EASEMENT CONTAINS 2,598 SQUARE FEET MORE OR LESS. EASEMENT NO. 2 A PERMANENT DRAINAGE EASEMENT LOCATED IN LOT 1 OF SKAG-WAY THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1, SAID POINT ALSO BEING ON THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF BROADWELL AVENUE; THENCE ON AN ASSUMED BEARING OF S00o49’33”E ALONG SAID EAST R.O.W. LINE A DISTANCE OF 259.55 FEET TO THE POINT OF BEGINNING; THENCE N89o10’27”E A DISTANCE OF 28.56 FEET; THENCE S20o21’30”E A DISTANCE OF 164.87 FEET; THENCE N89o10’27”E A DISTANCE OF 267.86 FEET TO A POINT ON THE WEST LINE OF A PROPOSED INGRESS/EGRESS, UTILITY AND DRAINAGE EASEMENT LOCATED IN LOT 1 AND LOT 2 OF SAID SKAGWAY THIRD SUBDIVISION; THENCE ALONG SAID WEST LINE AROUND A CURVE IN A COUNTER CLOCK-WISE DIRETION HAVING A DELTA ANGLE OF 05o14’25”, A RADIUS OF 220.00 FEET, AN ARC LENGTH OF 20.12 FEET AND A CHORD BEARING S05o16’31”W FOR A DISTANCE OF 20.11 FEET; THENCE S89o10’27”W A DISTANCE OF 279.85 FEET; THENCE N20o21’30”W A DISTANCE OF 122.84 FEET; THENCE S89o10’27”W A DISTANCE OF 28.49 FEET TO A POINT ON THE WEST LINE OF SAID LOT ONE, SAID ALSO BEING THE EAST R.O.W. OF BROADWELL AVENUE; THENCE N00o49’33”W ALONG SAID EAST R.O.W. LINE A DISTANCE OF 59.61 FEET TO THE POINT OF BEGINNING. SAID PERMANENT DRAINAGE EASEMENT CONTAINS 10,052 SQUARE FEET MORE OR LESS. EASEMENT NO. 3 A PERMANENT INGRESS/EGRESS, UTILITY AND DRAINAGE EASEMENT LOCATED IN LOT 1 AND LOT 2 OF SKAG-WAY THIRD SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ON AN ASSUMED BEARING OF S89o33’52”W ALONG THE SOUTH LINE OF SAID LOT 1 A DISTANCE OF 20.00 FEET; THENCE N00o49’33”W A DISTANCE OF 237.46 FEET TO A POINT OF CURVATURE; THENCE AROUND A CURVE IN A CLOCKWISE DIRECTION HAVING A DELTA ANGLE OF19o54’16”, A RADIUS OF 220.00 FEET, AN ARC LENGTH OF 76.43 FEET AND A CHORD BEARING N09o21’22”E FOR DISTANCE OF 76.04 FEET; THENCE S89o10’27”W A DISTANCE OF 13.14 FEET; THENCE N00o49’33”W A Grand Island Council Session - 1/26/2016 Page 67 / 80 - 2 - DISTANCE OF 30.00 FEET; THENCE N89o10’27”E A DISTANCE OF 20.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE N00o49’33”W ALONG SAID EAST LINE A DISTANCE OF 311.31 FEET; THENCE S89o29’49”W A DISTANCE OF 20.00 FEET TO THE SOUTHEAST CORNER OF AN EXISTING 30’ INGRESS/EGRESS, UTILITY AND DRAINAGE EASEMENT LOCATED IN SAID LOT 1; THENCE N00o49’33”W ALONG THE EAST LINE OF SAID EASEMENT A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE S89o29’49”W ALONG SAID NORTH LINE A DISTANCE OF 11.98 FEET; THENCE N00o49’33”W A DISTANCE OF 10.00 FEET; THENCE N89o29’49”E A DISTANCE OF 15.00 FEET; THENCE S00o49’33”E A DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE N89o29’49”E ALONG SAID NORTH LINE AND THE EASTERLY EXTENSION THEREOF A DISTANCE OF 56.98 FEET; THENCE S00o49’33”E A DISTANCE OF 683.85 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 2; THENCE S89o33’52”W ALONG SAID SOUTH LINE A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. SAID PERMANENT INGRESS/EGRESS, UTILITY AND DRAINAGE EASEMENT CONTAINS 34,628 SQAURE FEET MORE OR LESS. WHEREAS, an Agreement for the public utility easements has been reviewed and approved by the City Legal Department. 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 enter into the Agreement for the public utility easements on the above described tract of land. 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, January 26, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/26/2016 Page 68 / 80 Grand Island Council Session - 1/26/2016 Page 69 / 80 Grand Island Council Session - 1/26/2016 Page 70 / 80 Grand Island Council Session - 1/26/2016 Page 71 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item G-9 #2016-21 - Approving Request from the YMCA of Grand Island for Permission to Use City Streets and State Highway for the First Annual Eagle Spirit Duathlon Staff Contact: John Collins, P.E. - Public Works Director Grand Island Council Session - 1/26/2016 Page 72 / 80 Council Agenda Memo From:John Collins PE, Public Works Director Meeting:January 26, 2016 Subject:Consideration of Approving Request from the YMCA of Grand Island for Permission to Use City Streets and State Highway for the First Annual Eagle Spirit Duathlon Presenter(s):John Collins PE, Public Works Director Background The City received a request dated December 27, 2015, from the Grand Island YMCA Special Events Coordinator requesting to use City streets and a State highway for the First Annual Eagle Spirit Duathlon. Discussion The Grand Island YMCA is seeking Council approval and notice to the Nebraska Department of Roads for the First Annual Eagle Spirit Duathlon to be held on Saturday, April 9, 2016. The race route will require the use of both City and County roadways, as well as US Highway 281. Please see the attached maps. State Statute 39-1359 requires the City Council to approve the route and for the City to then inform the Nebraska Department of Roads that the route has approval if it closes or blocks any part of a State highway. This is a requirement for any race, parade or march that would create some closure of the highway. This action then makes the City responsible for the liability of using a State highway for the event. In planning for the event and to achieve the best identified route the request has been reviewed by public safety and public works. Alternatives It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Grand Island Council Session - 1/26/2016 Page 73 / 80 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 First Annual Eagle Spirit Duathlon and direct that the Nebraska Department of Roads be notified of this action. Sample Motion Move to approve the resolution. Grand Island Council Session - 1/26/2016 Page 74 / 80 Grand Island Council Session - 1/26/2016 Page 75 / 80 ;/%#'#).'52+4+6&7#6*.10&#6',#07#4; &4#90$;/5161 #228&$;27$.+%914-5 5%#.' N Grand Island Council Session - 1/26/2016 Page 76 / 80 Approved as to Form ¤ ___________ January 22, 2016 ¤ City Attorney R E S O L U T I O N 2016-21 WHEREAS, the YMCA of Grand Island is seeking Council approval and notice to the Nebraska Department of Roads for the First Annual Eagle Spirit Duathlon in Grand Island on April 9, 2016; and WHEREAS, the YMCA of Grand Island has worked with the City in planning & developing an acceptable race route; and WHEREAS, specific wording is required by the Nebraska Department of Roads (NDOR) pursuant to Neb. Rev. Stat §39-1359, and WHEREAS, the City accepts the duties set out in neb. Rev. Stat. §39-1359, and that if a claim is made against the State, the City shall indemnify, defend, and hold harmless the State from all claims, demands, actions, damages, and liability, including reasonable attorney’s fees, that may arise as a result of the special event, more specifically defined as the First Annual Eagle Spirit Duathlon to be held on April 9, 2016; and WHEREAS, the route for the special event necessitates the usage of US Highway 281 from Airport Road north to Chapman Road; and WHEREAS, the special event will be held on April 9, 2016, with the control of the sections of US Highway 281 and Airport Road which are inside City limits being assumed by the City at 7:00 am on April 9, 2016 and ending at 11:00 am on April 9, 2016, at which time control of the sections of US Highway 281 and Airport Road which are inside City limits, shall revert to the State. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the use of City streets and State highway to accommodate the First Annual Eagle Spirit Duathlon on April 9, 2016 is hereby approved. BE IT FURTHER RESOLVED, that the Nebraska Department of Roads shall be notified of the approved route. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/26/2016 Page 77 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item I-1 #2016-22 - Consideration of Request from La Cabana LLC dba El Jalapenos, 2418 N. Webb Road, Suite A for a Class “I” Liquor License and Liquor Manager Designation for Alberto Baldovinos, 235 North Custer This item relates to the aforementioned Public Hearing item E-1. Staff Contact: RaNae Edwards Grand Island Council Session - 1/26/2016 Page 78 / 80 Approved as to Form ¤ ___________ January 22, 2016 ¤ City Attorney R E S O L U T I O N 2016-22 WHEREAS, an application was filed by La Cabana, LLC doing business as El Jalapenos, 2418 N. Webb Road, Suite A 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 January 16, 2016; such publication cost being $12.84; and WHEREAS, a public hearing was held on January 26, 2016 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 Alberto Baldovinos, 235 North Custer as liquor manager of such business contingent upon completion of a state approved alcohol server/seller training program.. - - - Adopted by the City Council of the City of Grand Island, Nebraska, January 26, 2016. _______________________________________ Jeremy L. Jensen, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Council Session - 1/26/2016 Page 79 / 80 City of Grand Island Tuesday, January 26, 2016 Council Session Item J-1 Approving Payment of Claims for the Period of January 13, 2015 through January 26, 2016 The Claims for the period of January 13, 2016 through January 26, 2016 for a total amount of $3,817,498.27. A MOTION is in order. Staff Contact: Renae Griffiths Grand Island Council Session - 1/26/2016 Page 80 / 80