By Tracy Overstreet
tracy.overstreet@theindependent.com

The Nebraska Legislature last week approved a statewide smoking ban that would take effect June 1, 2009.

But the city council has put a measure on the May 13 primary ballot that would implement a similar citywide ban June 1 this year.

That ban is for any "place of employment or a public place."

City Attorney Dale Shotkoski said several council members were concerned that the city's definitions didn't match up with the state's particularly a state definition that includes homes as a "place of employment" if a daycare was operating in the home.

Therefore, Shotkoski prepared an ordinance for approval by the city council Tuesday night that would redefine "indoor area" and "place of employment" to match the state's.

An indoor area, where smoking would be prohibited, would be "an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closable entry and exit doors and windows in which less than 20 percent of the total wall area is permanently open to the outdoors. For walls in excess of eight feet in height, only the first eight feet shall be used in determining such percentage."

A place of employment is "an indoor area under the control of a proprietor that an employee accesses as part of his or her employment without regard to whether the employee is present or work is occurring at any given time. The indoor area includes, but is not limited to, any work area, employee breakroom, restroom, conference room, meeting room, classroom, employee cafeteria, and hallway. A private residence is a place of employment when such residence is being used as a licensed child care program and one or more children who are not occupants of such residence are present."

Public place is "an indoor area to which the public is invited or in which the public is permitted, whether or not the public is always invited or permitted and shall also include a ten foot arc by every entrance and exit from a public place. A private residence shall not be considered a 'public place.'"

Grand Island's proposed ban within 10 feet of the door of a public place is more restrictive than the state's and will take precedence if approved by voters.

Shotkoski said setting these definitions does not alter the city's May 13 smoking ban election. It merely serves as a clarification of the ban to voters.

On the agenda

Other issues before the city council Tuesday include:

-- A closed door meeting to discuss negotiations with the Fraternal Order of Police and ongoing litigation with the firefighters union.

-- Approval of two Local Option Municipal Economic Development Program grant fund requests. One is for $70,000 for Hastings Foods to expand its Hastings meat processing plant into Grand Island and create 35 new full-time jobs. The second is for $160,000 for Nova Tech Inc. to expand its animal blood collection and sterile serum business now at the airport industrial park and relocate it to the Platte Valley Industrial Park.

-- Approval of issuance of up to $25 million of bonds to fund the mercury emission control project at Platte Generating Station. The project was initially estimated to cost $35 million, but that has dropped to about $25 million. Finance Director Dave Springer said with the recent drop in interest rates, the city could bond a large part of the mercury project and incur less debt than originally planned.

-- Approval of issuance of up to $7 million in industrial development revenue bonds for Microgy Grand Island to construct a biogas manufacturing facility at the JBS Swift & Co. meatpacking plant in Grand Island.

-- Banning parking on Third Street from Grant to Clark Street; on Grant from Second to Third; and on Clark on the east side from Second Street south for a half block to the alley and on the west side from Second Street north for a half block to the alley. The parking bans are in effect March 17 through fall 2008 while Highway 30 traffic is detoured for the widening of Second Street.

-- A public hearing and action for a liquor license modification to El Toro Mexican Restaurant at 3425 W. State St. El Toro is adding a 62-foot-by-21-foot area to the east of its building and moving an outdoor area from the east of the building to the north side.

-- Approval of an application for grant funds from the U.S. Department of Justice for a Safe Haven Supervised Visitation and Safe Exchange Program. The funds would be used for operations of the Heartland Family Visitation Center at 204 N. Locust.

-- Buying a spent activated carbon and fly ash waste conveying, storage and conditioning system for the mercury control system needed at Platte Generating Station. The carbon and fly ash equipment will cost $623,810 from the Malvern, Pa., company of Clyde Bergemann Delta Ducon. The estimated cost was $1.1 million.

-- Award of a $179,642 contract to Schmader Electric of West Point to provide a new interconnection for electric Substation E in east Grand Island.

-- Acceptance of a proposal from Pepsi Bottling Co. to provide soft drink service at Lincoln Pool; Island Oasis Water Park; and wading pools at Lincoln Park, Stolley Park, Pier Park and Grace Abbott Park.

-- Approval of the adjustment of three sanitary sewer manholes at a cost of $1,170 to accommodate a hike and bike trail from Hall County Park to Wal-Mart South.

-- Modifying the golf pro contract to lower the amount of required green fees during tournament play from 100 percent to 60 percent and to require season pass holders playing in tournaments to only pay the $2 capital maintenance fee.

-- Declaring a home at 415 E. Ninth St. as surplus and get council direction on how to sell the property by auction, by bid to sell to the highest reasonable bidder, or by bid to sell to an owner that meets low-income guidelines. The city acquired the property through the Homestead Program when a former owner defaulted.

-- Approval of a request by Ray and Dianne Stahla to add two additional recreational vehicle parking stalls at Stahla Mobile Home Park in the 2200 block of south Engleman Road. The home has nine RV stalls now and this would make 11.