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07-11-2023 City Council Meeting Packet City Council Meeting Agenda Council Chambers City Hall 100 East First Street Regular Meeting of July 11, 2023 7:00 PM 1. 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. 2. INVOCATION Pastor Sheri Lodel, Calvary Lutheran Church, 1304 North Custer Avenue 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA 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. 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS A sign-up sheet was available in the lobby for individuals wishing to provide input on any of tonight's agenda items. If you did not sign up to speak on an agenda item, please come forward, state your name and the agenda topic on which you will be speaking on. 7. PRESENTATIONS AND PROCLAMATIONS a. City Financials Update b. Presentation to NTV's Kent Boughton for his Dedicated Service 8. CONSENT AGENDA a. Approving Minutes of June 27, 2023 City Council Regular Meeting b. Approving Payment of Claims for the Period of June 28, 2023 through July 11, 2023 for a total amount of $11,725,271.95. c. Request from Hall County Livestock Improvement Association dba Fonner Park, 700 E. Stolley Park Road for a Deletion of a Portion of Class "CK-78819" Liquor License d. #2023-166 - Approving Bid Award for Delivery of Infield Soil Conditioner for Veterans Sports Complex e. #2023-167 - Approving Bid Award for Stolley Park Irrigation System Installation f. #2023-168 - Approving Purchase of Pad-mount Distribution Transformers 9. PUBLIC HEARINGS a. Public Hearing on Request from Axe Holes, LLC dba Axe Holes, 2300 N Webb Road, Suite 109 for a Class "C" Liquor License Page 1 of 56 #2023-169 - Approving Request from Axe Holes, LLC dba Axe Holes, 2300 N Webb Raod, Suite 109 for a Class "C" Liquor License and Liquor Manager Designation for Eric Christensen, 2610 S Engleman Road, Grand Island, NE 10. REQUEST AND REFERRALS a. Consideration of Request Amending City Code Chapter 39 Relative to Cigar Lounge 11. RESOLUTIONS 12. ORDINANCES 13. OTHER ITEMS Page 2 of 56 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 11, 2023 Item #: 7.a. Subject: City Financials Update Staff Contact: Patrick (Pat) Brown BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. June 2023 Revenue Report Page 3 of 56 Working Together for a Better Tomorrow. Today. City Hall ● Finance Department ● 308-389-0169 Memorandum to Electeds, Mayor Steele, and Laura McAloon, City Administrator From: Patrick Brown, Finance Director Date: July 11, 2023 RE: June 2023 Revenue Report Economy Update: Top Three Market Headlines Fed Chair Foresees Additional Rates Hikes: In testimony to Congress last week, Federal Reserve Chairman Jerome Powell cautioned that the central bank was likely not done raising interest rates, notwithstanding officials' decision to pause rate increases at their latest policy meeting. Mr. Powell indicated the recent decision to hold the federal-funds rate steady at 5.0% to 5.25% represented a moderation in the pace of rate hikes following ten consecutive increases in just over a year. However, the Chairman noted that inflation continues to "run high" and remains well above the bank's long-run goal of 2.0%, supporting the case for additional increases. U.S. Leading Economic Index Falls Again: The Conference Board reported last week that its Leading Economic Index (LEI), a composite of ten U.S. economic indicators intended to signal turning points in the economy, fell by 0.7% in May. This marked the 14th consecutive monthly decline in the index, which is down 4.3% over the last six months. May's decline was chalked up to weakening consumer expectations for business conditions and worsening credit conditions, among other factors. According to the Conference Board, the declining trend is consistent with "weaker economic activity ahead" and continues to signal a recession within the next 12 months. New Home Construction Surges: The National Association of Realtors (NAR) reported last week that existing home sales in May totaled 4.3 million (seasonally adjusted annualized rate, or SAAR), up marginally from April but 20% lower than the prior year. Beyond higher mortgage rates, tight inventories of existing homes have also hindered sales activity; according to the NAR, the current supply of existing homes is approximately half the level of 2019. This shortfall, however, is supporting new home construction: The U.S. Department of Commerce reported last week that the SAAR of housing starts in May was 1.631 million units, compared to 1.340 million in April. The 291,000 unit increase represented the largest monthly increase in starts since January 1990. Local - Year to date (YTD) Sales tax receipts for the General Fund for fiscal year 2023 is positive 4.9% or $597k. These receipts reflect the sales tax collections in the month of April. I expect to see sales tax receipts at about a 3-4% growth over the prior year for the rest of this fiscal year. Page 4 of 56 Working Together for a City Hall ● Finance Department ● 308-389-0169 Better Tomorrow. Today. YTD Property Tax revenue for FY2023 is 3.7% more than the same period last year. This revenue source is collected by Hall County and remitted to the City. I anticipate Property Tax revenue receipts to be 3-4% higher than FY2022 receipts by the end of FY 2023. YTD Licenses & Permits receipts are up 3.2% over the same period last year. This revenue source is usually volatile but with the unpredictable costs of construction, it has become even more volatile. April through June have experienced an increase in permits as compared to the prior year. There is an expectation that higher dollar permits will be coming in the near future. Motor Vehicle Sales Tax and Motor Vehicle Tax revenues are still strong at 9.2% and 1.8% respectively over FY2022. The increase could be contributed to the replenishment of motor vehicle inventory. Food and Beverage Occupation Tax continues to do well. YTD Food & Beverage Tax is up by $344k or 16.8%. I’ve added a new category for this financial report. As you read earlier, interest rates have steadily increased since March of 2022. As you can see in the chart, interest revenue has increased from $134k YTD in June of 2022 to $925k YTD in June of 2023. A 227.8% increase or $643k. The bulk of the interest revenue is coming from one year or less investment holdings. Below is table showing other revenue sources. Revenue Source JUN 2022-23 JUN 2021-22 % Chg Prior Year JUN 2020-21 YTD 2022-23 YTD 2021-22 % Chg Prior Year YTD 2020-21 Property Taxes (General Fund)1,612,134$ 680,804$ 136.8% 723,099$ 8,234,216$ 7,939,206$ 3.7% 8,078,543$ Fees & Services (General Fund)539,369$ 713,152$ -24.4% 606,481$ 4,446,169$ 4,457,968$ -0.3% 4,093,456$ Licenses & Permits (General Fund)157,992$ 97,100$ 62.7% 43,192$ 602,372$ 583,846$ 3.2% 625,807$ Sales Tax (General Fund - Apr Sales)1,399,338$ 1,383,994$ 1.1% 1,304,190$ 12,891,609$ 12,294,761$ 4.9% 10,479,579$ Sales Tax (2004 Sales Tax for projects only)279,868$ 276,799$ 1.1% 260,838$ 2,578,322$ 2,458,952$ 4.9% 2,095,916$ Sales Tax (2018 Sales Tax for projects only)559,735$ 553,598$ 1.1% 521,676$ 5,156,643$ 4,917,905$ 4.9% 4,191,832$ Motor Vehicle Sales Tax (Streets Fund)225,244$ 246,697$ -8.7% 245,964$ 2,091,202$ 1,915,610$ 9.2% 2,021,603$ Franchise Fees (General Fund)41,855$ 48,019$ -12.8% 24,504$ 1,228,912$ 1,046,184$ 17.5% 736,694$ Motor Vehicle Tax (General Fund)115,620$ 106,780$ 8.3% 104,543$ 936,190$ 919,812$ 1.8% 948,880$ State Road Use Funds (Streets Fund)613,118$ 554,932$ 10.5% 570,203$ 5,039,365$ 4,622,100$ 9.0% 4,636,224$ Motor Vehicle Fee (Streets Fund)-$ -$ -$ 346,075$ 341,845$ 1.2% 345,996$ Other Intergovernmental (Streets Fund)-$ -$ 161,555$ 1,339,369$ 1,589,820$ -15.8% 1,395,035$ Food & Beverage Revenue (May Sales)274,953$ 243,368$ 13.0% 234,785$ 2,392,878$ 2,048,397$ 16.8% 1,834,772$ Rental Car Occupation Tax (Capital Equip. Fund - Streets)16,962$ 14,540$ 16.7% 11,278$ 136,604$ 106,306$ 28.5% 84,574$ Hotel Occupation Tax (goes to Fonner Park)48,371$ 51,312$ -5.7% 35,150$ 361,373$ 333,680$ 8.3% 228,719$ KENO -$ 32,457$ 86,634$ 297,966$ 285,672$ 4.3% 309,034$ Interest & Dividend Revenue 178,800$ 133,735$ 33.7% 168,193$ 924,836$ 282,159$ 227.8% 216,126$ Casino Tax (General Fund - Apr Sales)68,077$ -$ -$ 270,573$ -$ -$ June 2023 Revenue Report Page 5 of 56 Working Together for a Better Tomorrow. Today. City Hall ● Finance Department ● 308-389-0169 Expenses Below is a chart showing Personnel Services expense in the General Fund. The expenses are trending as expected. The large credit in Engineering is due to the Public Works Director vacancy. Personnel services will be increasing in the upcoming spring and summer months. City of Grand Island Budget to Actual Report - Departments Download generated on 07/03/2023 Funds Filter GENERAL FUND Expenses Filter PERSONNEL SERVICES June 2020-21 Actual June 2021-22 Actual June 2022-23 Actual 2022-23 Budget % of Budget 9 mos. Ending 06/30/23 (111) ADMINISTRATION 161,791$ 173,197$ 106,063$ 266,483$ 39.8% (112) LEGISLATIVE 74,994$ 75,894$ 75,894$ 101,191$ 75.0% (113) CITY CLERK 159,166$ 169,115$ 184,072$ 253,832$ 72.5% (114) FINANCE 1,584,222$ 1,752,822$ 1,879,399$ 2,729,516$ 68.9% (115) LEGAL 157,557$ 175,073$ 344,621$ 495,283$ 69.6% (117) CITY HALL 104,835$ 114,809$ 87,495$ 172,556$ 50.7% (118) HUMAN RESOURCES 349,938$ 368,880$ 390,326$ 540,251$ 72.2% (120) BUILDING INSPECTION 682,929$ 735,195$ 835,121$ 1,068,445$ 78.2% (121) FIRE AND AMBULANCE SERVICES 5,752,649$ 5,884,751$ 6,118,885$ 8,933,149$ 68.5% (123) POLICE 7,989,755$ 8,208,639$ 9,000,415$ 13,143,872$ 68.5% (126) EMERGENCY MANAGEMENT 1,026,481$ 1,133,639$ 1,212,611$ 1,841,103$ 65.9% (130) ENGINEERING 529,284$ 552,963$ 352,373$ 1,132,330$ 31.1% (131) PUBLIC WORKS 204,499$ 213,113$ 239,400$ 331,769$ 72.2% (140) PLANNING 237,570$ 245,891$ 297,935$ 418,210$ 71.2% (143) LIBRARY 890,273$ 979,898$ 1,124,198$ 1,640,166$ 68.5% (144) PARKS 1,404,901$ 1,421,984$ 1,508,231$ 2,245,163$ 67.2% (145) RECREATION 516,224$ 381,010$ 441,018$ 946,268$ 46.6% (148) HEARTLAND PUBLIC SHOOTING PARK 234,528$ 248,370$ 264,478$ 393,604$ 67.2% Total 22,061,596$ 22,835,244$ 24,462,536$ 36,653,192$ 66.7% Page 6 of 56 Working Together for a Better Tomorrow. Today. City Hall ● Finance Department ● 308-389-0169 Below is a chart showing Operating Expenses in the General Fund. Operating expenses are trending as expected. As with Personnel Services we expect these operating expenses to increase during the upcoming warm months. City of Grand Island Budget to Actual Report - Departments Download generated on 07/03/2023 Funds Filter GENERAL FUND Expenses Filter OPERATING EXPENSES June 2020-21 Actual June 2021-22 Actual June 2022-23 Actual 2022-23 Budget % of Budget 9 mos. Ending 06/30/23 (111) ADMINISTRATION 10,799$ 10,532$ 45,982$ 147,428$ 31.2% (112) LEGISLATIVE 1,530$ 2,435$ 1,659$ 14,673$ 11.3% (113) CITY CLERK 18,491$ 26,385$ 19,820$ 44,460$ 44.6% (114) FINANCE 93,646$ 100,947$ 108,307$ 133,451$ 81.2% (115) LEGAL 10,778$ 27,077$ 27,165$ 32,630$ 83.3% (116) COMMUNITY PROJECTS 49,720$ 7,136$ 54,650$ 65,000$ 84.1% (117) CITY HALL 95,776$ 86,453$ 137,014$ 221,840$ 61.8% (118) HUMAN RESOURCES 51,462$ 53,328$ 48,721$ 145,908$ 33.4% (120) BUILDING INSPECTION 19,992$ 23,608$ 34,165$ 60,700$ 56.3% (121) FIRE AND AMBULANCE SERVICES 469,353$ 562,765$ 629,265$ 864,112$ 72.8% (123) POLICE 750,085$ 854,689$ 956,388$ 1,218,267$ 78.5% (126) EMERGENCY MANAGEMENT 147,333$ 194,068$ 222,691$ 278,214$ 80.0% (130) ENGINEERING 113,670$ 87,395$ 26,198$ 117,700$ 22.3% (131) PUBLIC WORKS 25,194$ 61,529$ 75,771$ 157,000$ 48.3% (140) PLANNING 11,768$ 17,493$ 111,733$ 24,454$ 456.9% (143) LIBRARY 284,968$ 328,457$ 358,336$ 517,464$ 69.2% (144) PARKS 323,771$ 361,705$ 420,737$ 716,652$ 58.7% (145) RECREATION 313,461$ 457,757$ 392,959$ 684,204$ 57.4% (148) HEARTLAND PUBLIC SHOOTING PARK 131,882$ 158,355$ 181,555$ 307,525$ 59.0% (150) NON-DEPARTMENTAL 1,211,909$ 1,326,055$ 3,411,494$ 6,586,335$ 51.8% Total 4,135,588$ 4,748,167$ 7,264,609$ 12,338,018$ 58.9% Page 7 of 56 Working Together for a Better Tomorrow. Today. City Hall ● Finance Department ● 308-389-0169 Below is the YTD total expenses for the General Fund for FY2023 ending June 30, 2023. City of Grand Island Budget to Actual Report - Departments Download generated on 07/03/2023 Funds Filter GENERAL FUND Expenses Filter OPERATING EXPENSES PERSONNEL SERVICES June 2020-21 Actual June 2021-22 Actual June 2022-23 Actual 2022-23 Budget % of Budget 9 mos. Ending 06/30/23 (111) ADMINISTRATION 172,590$ 183,729$ 152,044$ 413,911$ 36.7% (112) LEGISLATIVE 76,524$ 78,329$ 77,553$ 115,864$ 66.9% (113) CITY CLERK 177,657$ 195,500$ 203,892$ 298,292$ 68.4% (114) FINANCE 1,677,868$ 1,853,770$ 1,987,706$ 2,862,967$ 69.4% (115) LEGAL 168,334$ 202,150$ 371,786$ 527,913$ 70.4% (116) COMMUNITY PROJECTS 49,720$ 7,136$ 54,650$ 65,000$ 84.1% (117) CITY HALL 200,611$ 201,262$ 224,509$ 394,396$ 56.9% (118) HUMAN RESOURCES 401,400$ 422,207$ 439,047$ 686,159$ 64.0% (120) BUILDING INSPECTION 702,921$ 758,802$ 869,287$ 1,129,145$ 77.0% (121) FIRE AND AMBULANCE SERVICES 6,222,002$ 6,447,516$ 6,748,149$ 9,797,261$ 68.9% (123) POLICE 8,739,841$ 9,063,328$ 9,956,803$ 14,362,139$ 69.3% (126) EMERGENCY MANAGEMENT 1,173,814$ 1,327,707$ 1,435,302$ 2,119,317$ 67.7% (130) ENGINEERING 642,954$ 640,358$ 378,571$ 1,250,030$ 30.3% (131) PUBLIC WORKS 229,693$ 274,642$ 315,172$ 488,769$ 64.5% (140) PLANNING 249,337$ 263,384$ 409,668$ 442,664$ 92.5% (143) LIBRARY 1,175,241$ 1,308,355$ 1,482,534$ 2,157,630$ 68.7% (144) PARKS 1,728,673$ 1,783,689$ 1,928,968$ 2,961,815$ 65.1% (145) RECREATION 829,685$ 838,767$ 833,977$ 1,630,472$ 51.1% (148) HEARTLAND PUBLIC SHOOTING PARK 366,410$ 406,726$ 446,033$ 701,129$ 63.6% (150) NON-DEPARTMENTAL 1,211,909$ 1,326,055$ 3,411,494$ 6,586,335$ 51.8% Total 26,197,184$ 27,583,411$ 31,727,145$ 48,991,209$ 64.8% Page 8 of 56 Working Together for a Better Tomorrow. Today. City Hall ● Finance Department ● 308-389-0169 Below is a chart showing year-to-date revenues in the General Fund ending April 30, 2023. City of Grand Island Budget to Actual Report - Departments Download generated on 07/03/2023 Funds Filter GENERAL FUND REVENUES Revenues Filter June 2020-21 Actual June 2021-22 Actual June 2022-23 Actual 2022-23 Budget % of Budget 9 mos. Ending 06/30/23 (113) CITY CLERK 31,455$ 24,437$ 31,250$ 35,000$ 89.3% (114) FINANCE 1,257,926$ 1,409,169$ 1,500,540$ 1,785,000$ 84.1% (115) LEGAL 590$ 1,055$ 627$ 2,000$ 31.4% (118) HUMAN RESOURCES -$ -$ 353$ -$ #DIV/0! (120) BUILDING INSPECTION 655,487$ 636,574$ 658,443$ 835,000$ 78.9% (121) FIRE AND AMBULANCE SERVICES 1,409,210$ 1,726,338$ 1,982,771$ 2,446,484$ 81.0% (123) POLICE 781,794$ 786,264$ 793,371$ 810,494$ 97.9% (126) EMERGENCY MANAGEMENT 870,688$ 852,209$ 895,755$ 1,268,674$ 70.6% (130) ENGINEERING 251,865$ 285,310$ 208,386$ 349,000$ 59.7% (131) PUBLIC WORKS 284,098$ 325,610$ 285,676$ 450,000$ 63.5% (140) PLANNING 134,195$ 192,339$ 207,806$ 188,420$ 110.3% (143) LIBRARY 66,766$ 60,501$ 58,932$ 63,607$ 92.7% (144) PARKS 208,113$ 191,761$ 171,058$ 285,000$ 60.0% (145) RECREATION 447,241$ 509,051$ 549,713$ 806,315$ 68.2% (148) HEARTLAND PUBLIC SHOOTING PARK 223,546$ 251,218$ 265,283$ 377,477$ 70.3% (150) NON-DEPARTMENTAL 31,746,307$ 30,759,256$ 29,705,411$ 36,353,018$ 81.7% Total 38,369,281$ 38,011,091$ 37,315,375$ 46,055,489$ 81.0% If you have questions regarding this report, City’s financial audit, or any other financial questions please do not hesitate to contact me. Best Regards, Patrick Brown Finance Director Page 9 of 56 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 11, 2023 Item #: 7.b. Subject: Presentation to NTV's Kent Boughton for his Dedicated Service Staff Contact: Roger Steele BACKGROUND: Mayor Steele and the City Council will recognize Kent Boughton for his dedicated service to NTV and our community. DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Certificate Page 10 of 56 Page 11 of 56 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 11, 2023 Item #: 8.a. Subject: Approving Minutes of June 27, 2023 City Council Regular Meeting Staff Contact: RaNae Edwards BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Minutes of Meeting 06-27-23 Page 12 of 56 City Council Meeting Minutes Regular Meeting June 27, 2023 1. CALL TO ORDER 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 June 27, 2023. Notice of the meeting was given in The Grand Island Independent on June 21, 2023. Mayor Roger G. Steele called the meeting to order at 7:00 PM. The following City Council members were present: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear and Jason Conley. Absent: Maggie Mendoza. The following City Officials were present: City Clerk RaNae Edwards, Interim City Administrator Laura McAloon, Finance Director Patrick Brown, Assistant City Attorney Stacy Nonhof and Interim Public Works Director Keith Kurz. 2. INVOCATION Pastor Scott Jones, Third City Christian Church, 4100 West 13th Street. 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. SUBMITTAL OF REQUESTS FOR FUTURE AGENDA ITEMS 6. RESERVE TIME TO SPEAK ON AGENDA ITEMS 7. PRESENTATIONS AND PROCLAMATIONS 8. CONSENT AGENDA Consent item 8-g (Resolutions #2023-153) was pulled from the consent agenda for further discussion. Motion by Jack Sheard, second by Bethany Guzinski to approve the Consent Agenda excluding item 8-g. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. Page 13 of 56 Page 2, City Council Regular Meeting, June 27, 2023 a. Approving Minutes of June 13, 2023 City Council Special Meeting. b. Approving Minutes of June 13, 2023 City Council Regular Meeting c. Approving Minutes of June 20, 2023 City Council Study Session. d. Approving Payment of Claims for the Period of June 14, 2023 through June 27 2023 for a total amount of $8,740,858.54. e. #2023-151 – Approving a Change Order to Installation of Monitors in Council Chambers with AVI Systems of Omaha, Nebraska in an Amount of $4,693.44. f. #2023-152 – Approving Change Order Relative to Police Radios with Platte Valley Communications of Grand Island, Nebraska for an Increase of $318.32 and a revised Contract Amount of $33,878.32. g. E2023-153 – Approving Virtual Reality De-escalation Site-Based Initiative Grant Application. Police Chief Kevin Denney reported that advancements in technology had bridged the gap between realistic hands on training and safe training environments, as virtual reality becomes a more adept tool for training with true 360-degree sensory input and dynamic plot shifts. The police department was seeking to apply for Bureau of Justice Administration (BJA) Funding, in cooperation with the Advanced Law Enforcement Response Training (ALERRT) program at the Texas State University to pay for virtual reality training hardware and software. Staff recommended approval. Motion by Mitch Nickerson, second by Doug Lanfear to approve Resolution #2023-153. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. h. #2023-154 – Approving Temporary Construction Easements for 18th Street-Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8 (Umbrella Development, LLC – 1918 Aspen Circle) in an Amount of $1,300.00. i. #2023-155 – Approving Certificate of Completion for Lift Station No. 1 Rehabilitation; Project No. 2022-S-2 with The Diamond Engineering Company of Grand Island, Nebraska. j. #2023-156 – Approving Certificate of Completion for Circle Drive Drainage Improvements; Project No. 2022-D-1 with Elsbury Construction, LLC of Grand Island, Nebraska. k. #2023-157 – Approving Uniform Contract with Cintas Corporation of Hayes, Kansas. l. #2023-158 – Approving Purchase of Vehicle for City Hall Maintenance Division from Phil Long Motor City of Colorado Springs, Colorado in an Amount of $32,562.15. m. #2023-159 – Approving Interlocal Agreement with Hall County for Library Services. 9. PUBLIC HEARINGS a.Public Hearing on Request from La Jaula Salon De Eventos, LLC dba La Jaula Salon De Eventos, 615 East 4th Street for a Class “CK” Liquor License City Clerk RaNae Edwards reported that an application for a Class “CK” Liquor License had been received from La Jaula Salon De Eventos, LLC dba La Jaula Salon De Eventos, 615 East 4th Street. Ms. Edwards presented the following exhibits for the record: application submitted to Page 14 of 56 Page 3, City Council Regular Meeting, June 27, 2023 the Liquor Control Commission and received by the City on June 2, 2023; notice to the general public of date, time, and place of hearing published on June 17, 2023; notice to the applicant of date, time, and place of hearing mailed on June 2, 2023. Also submitted was a Liquor Manager Designation for Nancy Avitia Huerta, 407 West 9th Street. Ms. Avitia had completed a state approved alcohol server/seller program. Staff recommended approval contingent upon final inspections. No public testimony was heard. #2023-160 - Approving Request from La Jaula Salon De Eventos, LLC dba La Jaula Salon De Eventos, 615 East 4th Street for a Class “CK” Liquor License and Liquor Manager Designation for Nancy Avitia Huerta, 407 West 9th Street, Grand Island, Nebraska. Motion by Doug Lanfear, second by Mark Stelk to approve Resolution #2023-160. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. b. Public Hearing on Acquisition of Public Right-of-Way for 18th Street – Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8 (Umbrella Development, LLC – 1918 Aspen Circle) Interim Public Works Director Keith Kurz reported that public right-of-way was needed to accommodate the new 18th Street, which was scheduled to be built this summer, from the proposed Claude Road to Diers Avenue. The Public Works Department was proposing a concrete curb and gutter roadway section along with sidewalk, traffic control, drainage and all other associated improvements needed to complete the project. Staff recommended approval. No public testimony was heard. #2023-161 - Approving Acquisition of Public Right-of-Way for 18th Street – Moores Creek Drainway to Diers Avenue; Project No. 2022-P-8 (Umbrella Development, LLC – 1918 Aspen Circle) Motion by Bethany Guzinski, second by Jason Conley to approve Resolution #2023-161. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. c. Public Hearing on Acquisition of Utility Easement – 1703 and 1707 Ada Street (JBA Ventures) Interim Utilities Director Ryan Schmitz reported that JBA Ventures, LLC, had requested a new underground electric service for two new 4-plexes located at 1703 and 1707 Ada Street. The proposed easements would allow the Department to install, access, operate, and maintain electrical infrastructure at these locations. Staff recommended approval. No public testimony was heard. #2023-162 – Approving Acquisition of Utility Easement – 1703 and 1707 Ada Street (JBA Ventures) Page 15 of 56 Page 4, City Council Regular Meeting, June 27, 2023 Motion by Bethany Guzinski, second by Michelle Fitzke to approve Resolution #2023-162. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. d.Public Hearing on Acquisition of Utility Easement – 2502 N. Webb Road (Northwest Crossings) Interim Utilities Director Ryan Schmitz reported that Northwest Crossings Limited Liability Company, LLC, had requested a new underground electric service upgrade to the Park Place Plaza. The proposed easements would allow the Department to install, access, operate, and maintain electrical infrastructure at these locations. Staff recommended approval. No public testimony was heard. #2023-163 – Approving Acquisition of Utility Easement – 2502 N. Webb Road (Northwest Crossings) Motion by Mike Paulick, second by Jack Sheard to approve Resolution #2023-163. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. e.Public Hearing on Re-Adoption of the Grand Island Zoning Map Regional Planning Director Chad Nabity reported that over the course of the past 20 years, the City of Grand Island had periodically readopted the official zoning map for the City. This had been standard practice since the City began using their Geographic Information System (GIS) to manage the zoning map. Staff recommended approval. No public testimony was heard. #9932 – Consideration of Approving Re-Adoption of the Grand Island Zoning Map Motion to suspend the rules was moved by Doug Lanfear, seconded by Michelle Fitzke. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. Motion by Chuck Haase, second by Jason Conley to approve Ordinance #9932. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. 10. REQUEST AND REFERRALS a. Consideration of Appointing Laura McAloon as City Administrator Mayor Steele submitted the appointment of Laura McAloon as the next City Administrator. Ms. McAloon was prepared to begin work as the City Administrator immediately following Council’s approval of her appointment. Her starting salary would be at Step 3 of the City Administrator salary table, an annual salary of $192,529.57. Page 16 of 56 Page 5, City Council Regular Meeting, June 27, 2023 Mentioned were concerns with the contract and lack of Council involvement regarding termination. Motion by Doug Lanfear, second by Mitch Nickerson to approve the appointment of Laura McAloon as the City Administrator for the City of Grand Island. Roll Call: Ayes: Bethany Guzinski, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. No: Chuck Haase. Absent: Maggie Mendoza. Motion adopted. Ms. McAloon thanked the Council for their support. 11. RESOLUTIONS a.#2023-164 - Consideration of Approving the Purchase of Camp Augustine Interim City Administrator Laura McAloon reported that approximately two years ago, the Overland Trails Council of Boy Scouts of America, Inc., ("Boy Scouts") approached City officials about their plans to sell their Camp Augustine facility and the City expressed interest in preserving the property for public access and potential future connection to the Mormon Island State Recreation Area. Based on the appraised value of Camp Augustine and an estimated total acreage of 158.40 acres, City Administration was recommending the acquisition of the Camp by the City at a price based on the actual acreage of the property as determined by a survey of the property lines, calculated by the appraised value of $12,500 per acre, and a total price not to exceed $2,000,000. The following people spoke in support: •David Plond •Brian Levander •Brad Mellema •Todd McCoy •Melissa DeLaer •Mary Berlie •Chris Kotulak •Steven Miles •Teshawna Sawyer •Cindy Johnson Motion by Doug Lanfear, second by Mike Paulick to approve Resolution #2023-164. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. b. #2023-165 – Consideration of Approving Solar Project with GRNE Solar Interim Utilities Director Ryan Schmitz reported that Grand Island Utilities owns and operates a mix of generation resources. In 2022 the Utilities Department completed a study with engineering firm Sargent and Lundy that reviewed our electric generating assets. The review included several scenarios utilizing different generating resources with one including additional Page 17 of 56 Page 6, City Council Regular Meeting, June 27, 2023 solar. The Utilities Department has five parcels of land which were considered possible candidates for the solar project. Proposals were advertised with eight (8) proposals being received. Staff recommended GRNE Solar of Lincoln, Nebraska in an amount not to exceed $15,994,829.00. GRNE representatives Travis Kepler and Jess Baker were present and answered questions. Motion by Chuck Haase, second by Mitch Nickerson to approve Resolution #2023-165. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. 12. ORDINANCES a.#9933 - Consideration of Approving Revisions to Chapter 5 Section 47 of the City Code Pertaining to Appeals. Motion to suspend the rules was moved by Bethany Guzinski, seconded by Michelle Fitzke. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. Assistant City Attorney Stacy Nonhof reported that the Grand Island City Code provided that the owner of any animal that had been deemed potentially dangerous or dangerous had the right to appeal that determination to the Animal Advisory Board. Reviewed were the changes to City Code. Staff recommended approval. Motion by Bethany Guzinski, second by Jack Sheard to approve Ordinance #9933. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. b. #9934 - Consideration of Approving Revisions to Chapter 5 of the City Code Regarding Chickens Motion to suspend the rules was moved by Bethany Guzinski, seconded by Doug Lanfear. Roll Call: Ayes: Bethany Guzinski, Chuck Haase, Jack Sheard, Mike Paulick, Michelle Fitzke, Mark Stelk, Mitch Nickerson, Doug Lanfear, and Jason Conley. Absent: Maggie Mendoza. Motion adopted. Assistant City Attorney Stacy Nonhof reviewed the changes to Chapter 5 of the Grand Island City Code. The main proposal was to allow any residential lot in the City to have up to eight (8) chicken hens with a minimum of three (3) hens. For lots of a minimum of one acre, the owner could have up to twenty-four (24) hens. Staff recommended approval. Page 18 of 56 Page 7, City Council Regular Meeting, June 27, 2023 The following people spoke in support: •Patricia Leverington •Jason Mazuch •Kathy Nabity •Amos Anson •Teshawna Sawyer •Brian Whitecalf Carl Seaman spoke in opposition. Alissa Haage answered questions relating to when she was a council woman in another community. She spoke in support. Motion by Bethany Guzinski, second by Jack Sheard to approve Ordinance #9934. Roll Call: Ayes: Bethany Guzinski, Jack Sheard, Michelle Fitzke, Mark Stelk, and Mitch Nickerson. No: Chuck Haase, Doug Lanfear and Jason Conley. Abstain: Mike Paulick. Absent: Maggie Mendoza. Mayor Steele voted yes to make the sixth deciding vote. Motion adopted. ADJOURN The meeting was adjourned at 9:59 p.m. RaNae Edwards City Clerk Page 19 of 56 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 11, 2023 Item #: 8.b. Subject: Approving Payment of Claims for the Period of June 28, 2023 through July 11, 2023 for a total amount of $11,725,271.95. Staff Contact: Patrick (Pat) Brown BACKGROUND: DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: None Page 20 of 56 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 11, 2023 Item #: 8.c. Subject: Request from Hall County Livestock Improvement Association dba Fonner Park, 700 E. Stolley Park Road for a Deletion of a Portion of Class "CK-78819" Liquor License Staff Contact: RaNae Edwards BACKGROUND: Hall County Livestock Improvement Association dba Fonner Park, 700 E. Stolley Park Road has submitted an application for a deletion to a portion of their Class “CK-78819 Liquor License. DISCUSSION: Fonner Park currently holds a liquor license which covers the entire 300 acre grounds located at 700 E. Stolley Park Road. They are requesting a deletion of the area under the grandstands, approximately 75’ x 52’. They are leasing the space to Grand Island Casino Resort who will have their own liquor license for this area. See the attached diagram of the area to be deleted from their current license. FISCAL IMPACT: There is no fiscal impact. 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 presented in this motion. RECOMMENDATION: Based on the Nebraska Liquor Control Commission’s criteria for the approval of Liquor Licenses, City Administration recommends that the Council approve the deletion. SAMPLE MOTION: Move to approve as recommended. Page 21 of 56 ATTACHMENTS: 1. Map Page 22 of 56 Page 23 of 56 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 11, 2023 Item #: 8.d. Subject: #2023-166 - Approving Bid Award for Delivery of Infield Soil Conditioner for Veterans Sports Complex Staff Contact: Todd McCoy BACKGROUND: Veterans Sports Complex is Grand Island’s largest outdoor sports facility that features ten ball fields, ten acres of soccer, picnic areas, a splash pad, playground, and eight pickleball courts. The ball fields are highly used by recreational and competitive teams for softball and baseball games, practices, and tournaments. The six west fields were constructed in 2018 and the four east fields were built in 2010. The four east fields have a low rate of rain-outs because of the amount of soil conditioner that has been added over the years compared to the six west fields that have less soil conditioner. DISCUSSION: The Parks and Recreation Department recommends purchasing infield soil conditioner for the six west fields at Veterans Sports Complex. The additional infield soil conditioner will dramatically reduce the number of rain-outs. Adding infield conditioner will not only help the leagues and tournaments with fewer rain-outs; but, it will save staff time when preparing the fields. Two bids were received to provide the infield soil conditioner. Staff recommends accepting the low bid from Dakota Transport of Hampton, Minnesota to deliver 1,500 tons of Red Ball Diamond Aggregate to the Veterans Sports Complex in the amount of $163,500.00. The project will be funded with Food and Beverage Proceeds. FISCAL IMPACT: Adding soil conditioner to ball fields decreases the number of refunds for canceled games and reduces the time to prepare fields for games during wet conditions. Cost of the soil conditioner is $163,500 which is budgeted for FY2023. ALTERNATIVES: It appears that the Council has the following alternatives concerning the issue at hand. The Council may: Page 24 of 56 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 presented in this motion. RECOMMENDATION: City Administration recommends that the City Council award the bid to deliver infield soil conditioner (1,500 tons of Red Ball Diamond Aggregate) to Dakota Transport of Hampton, Minnesota. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Bid Summary 2. Resolution Page 25 of 56 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: June 27, 2023 at 2:00 p.m. FOR: Infield Soil Conditioner – Veteran’s Sports Complex DEPARTMENT: Parks & Recreation ESTIMATE: $200,000.00 FUND/ACCOUNT: 21100003-999 PUBLICATION DATE: June 9, 2023 NO. POTENTIAL BIDDERS: 3 SUMMARY Bidder: Bryan Rock Products, Inc. Dakota Transport, Inc. Shakopee, MN Hampton, MN Exceptions: None None Bid Price: $173,100.00 $163,500.00 cc: Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Admin. Assist. Laura McAloon, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Barry Burrows, Parks Superintendent P2442 Page 26 of 56 R E S O L U T I O N 2023-166 WHEREAS, the City of Grand Island invited sealed bids for the delivery of Infield Soil Conditioner for the Veteran’s Sports Complex, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on June 27, 2023, two (2) bids were received, opened and reviewed; and WHEREAS, Dakota Transport, Inc. from Hampton, Minnesota submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $163,500.00; and WHEREAS, such project will be funded through the Food & Beverage Funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Dakota Transport, Inc. from Hampton, Minnesota in the amount of $163,500.00 for the delivery of Infield Soil Conditioner for the Veteran’s Sports Complex is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED that the Mayor and designees are hereby authorized to take all actions necessary to effect the purpose of this resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 11, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 27 of 56 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 11, 2023 Item #: 8.e. Subject: #2023-167 - Approving Bid Award for Stolley Park Irrigation System Installation Staff Contact: Todd McCoy BACKGROUND: Much of Stolley Park does not have an underground irrigation system. During dry spells it is labor intensive and inefficient for staff to water turf areas with above ground non-dedicated watering systems. It is anticipated by adding a modern irrigation system the turf area can be dramatically improved. During the 2022/2023 budget process, City Council approved funding for the addition of the irrigation system. The new irrigation system includes a new control system, all new sprinkler heads, piping, and connecting underground communication wiring. DISCUSSION: Bids were received from four irrigation companies. Muller Sprinklers, Richland, NE $195,620.00 Tilley Sprinkler System, Inc., Grand Island, NE $95,100.00 Precision Sprinklers, Hastings, NE $126,500.00 Johnson Landscapes, Kearney, NE $123,215.00 Staff recommends accepting the low bid from Tilley Sprinklers of Grand Island in the amount of $95,100.00. Food and Beverage Tax proceeds will be utilized to fund the project. FISCAL IMPACT: The new Stolley irrigation system will add an estimated $3,500 in annual utility costs. There will be minimal additional costs to winterize and maintain the system annually. The irrigation system cost of $95,1000 is budgeted for the current fiscal year. Page 28 of 56 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 presented in this motion. RECOMMENDATION: City Administration recommends that the City Council award the bid for the installation of the Stolley Park Irrigation System to Tilley Sprinklers of Grand Island, Nebraska. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. Bid Summary 2. Resolution Page 29 of 56 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today BID OPENING BID OPENING DATE: June 21, 2023 at 2:00 p.m. FOR: Stolley Park Irrigation System Installation DEPARTMENT: Parks & Recreation ESTIMATE: $150,000.00 FUND/ACCOUNT: 21100003-9999 PUBLICATION DATE: June 7, 2023 NO. POTENTIAL BIDDERS: 6 SUMMARY Bidder: Johnson Landscape, Inc. Mueller Sprinklers Kearney, NE Richland, NE Exceptions: None None Bid Price: $123,215.00 $195,620.00 Bidder: Tilley Sprinkler Systems, Inc. Precision Sprinklers Grand Island, NE Hastings, NE Exceptions: Noted None Bid Price: $95,100.00 $126,500.00 cc: Todd McCoy, Parks & Recreation Director Patti Buettner, Parks Admin. Assist. Laura McAloon, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Barry Burrows, Parks Superintendent P2441 Page 30 of 56 R E S O L U T I O N 2023-167 WHEREAS, the City of Grand Island invited sealed bids for Stolley Park Irrigation System Installation, according to plans and specifications on file with the Parks and Recreation Department; and WHEREAS, on June 21, 2023, four (4) bids were received, opened and reviewed; and WHEREAS, Tilley Sprinkler Systems, Inc. from Grand Island, Nebraska submitted a bid in accordance with the terms of the advertisement of bids, plans and specifications and all other statutory requirements contained therein, such bid being in the amount of $95,100.00; and WHEREAS, such project will be funded through the Food & Beverage Funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the bid of Tilley Sprinkler Systems, Inc. from Grand Island, Nebraska in the amount of $95,100.00 for Stolley Park Irrigation System Installation is hereby approved as the lowest responsible bid. BE IT FURTHER RESOLVED that the Mayor and designees are hereby authorized to take all actions necessary to effect the purpose of this resolution. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 11, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 31 of 56 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 11, 2023 Item #: 8.f. Subject: #2023-168 - Approving Purchase of Pad-mount Distribution Transformers Staff Contact: Ryan Schmitz, Stacy Nonhof BACKGROUND: On average, Grand Island Utilities uses around 275 distribution transformers per year. These transformer purchases can be broken down into three categories: Three Phase Pad-Mount, Single Phase Pad-Mount, and Single-Phase Pole- Mount. In August 2021, a Contract was awarded to Wesco to supply all transformer categories. This Contract runs through December 31, 2023. The contract allows for the purchase of transformers from other suppliers when lead time or availability does not meet requirements. With the ongoing supply chain issues and increasing lead times and availability, Wesco is unable to provide pad-mount transformers within a reasonable lead time that meets current growth and demand timing. DISCUSSION: A Request for Quotation (RFQ) was developed for four sizes of single- phase transformers and five sizes of three phase pad-mount transformers. The RFQ allowed for the purchase of different sized transformers from different vendors depending on conformity to the specifications, lead time and price. The RFQ was advertised on May 10, 2023. Quotations were received on June 15, 2023, with the following vendors submitting quotations: Nexgen MVA Power Fleming Electric Border States Eaton Moehn Sales Sunbelt Page 32 of 56 Wesco Dutton-Lainson Using evaluation criteria which included unit pricing, estimated quantities, conformance to the specifications and lead time, the quotations were reviewed by department staff. A tabulation of the evaluations’ factors indicates the lowest acceptable price for the following selections: Transformer Type Vendor Price (ea) Max Qty Lead Time (Weeks) 75 KVA Single Phase Dutton-Lainson $10,205.00 20 72 750 KVA Three Phase 277/480V Dutton-Lainson $72,010.00 3 52 1000 KVA Three Phase 277/480V Fleming Electric $74,800.00 2 43 2500 KVA Three Phase 277/480V Fleming Electric $133,802.00 2 43 3750 KVA Three Phase 277/480V Fleming Electric $121,618.00 1 43 FISCAL IMPACT: The fiscal impact will depend on the number of transformers determined to be needed for future projects. With the length of the projected lead times, the cost will be included in the upcoming budget. 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 presented in this motion. RECOMMENDATION: The RFQ specifications provide that the City may award all categories to a single vendor or award contracts to multiple vendors, whichever method provides the best value to the City. City Administration recommends that the Council approve purchasing the 75 KVA Single Phase and 750 KVA Three Phase 277,480V transformers from Dutton-Lainson and the 1000 KVA, 2500 KVA and 3750 KVA transformers from Fleming Electric. SAMPLE MOTION: Move to approve as recommended. ATTACHMENTS: 1. RFQ Summary 2. Resolution Page 33 of 56 Purchasing Division of Legal Department INTEROFFICE MEMORANDUM Stacy Nonhof, Purchasing Agent Working Together for a Better Tomorrow, Today REQUEST FOR QUOTATIONS FOR PADMOUNT DISTRIBUTION TRANSFORMERS RFP DUE DATE: June 15, 2023 at 4:00 p.m. DEPARTMENT: Utilities PUBLICATION DATE: May 10, 2023 NO. POTENTIAL BIDDERS: 10 PROPOSALS RECEIVED Sunbelt Solomon Moehn Electrical Sales Company Solomon, KS Omaha, NE WESCO Distribution Nexgen Power, Inc. Sioux City, IA Gardena, CA Fleming Electric, Inc. Dutton-Lainson Company Tequesta, FL Hastings, NE Border States MVA POWER Grand Island, NE Montreal; QC cc: Ryan Schmitz, Interim Utilities Director Angela Schulte, Utilities Secretary Laura McAloon, Interim City Administrator Patrick Brown, Finance Director Stacy Nonhof, Purchasing Agent Travis Burdett, Utilities Deputy Director P2438 Page 34 of 56 R E S O L U T I O N 2023-168 WHEREAS, the City of Grand Island invited quotations for four sizes of single- phase transformers and five sizes of three-phase pad-mount transformers, according to plans and specifications on file with the Utilities Department; and WHEREAS, on June 15, 2023, quotations were received, opened and reviewed; and WHEREAS, the Request for Quotations provide that the City may award all categories to a single vendor or award contracts to multiple vendors, depending on the best value to the City; and WHEREAS, Dutton-Lainson Company of Hastings, Nebraska, and Fleming Electric, Inc. of Tequesta, Florida submitted quotations in accordance with the terms of the advertisement of bids and plans and specifications and all other statutory requirements contained therein; and WHEREAS, quotations were evaluated on various criteria including unit pricing, estimated quantities, conformance to the specifications and lead time and the following lowest acceptable prices were selected. Transformer Type Vendor Price (ea)Max Qty Lead Time (Weeks) 75 KVA Single Phase Dutton-Lainson $10,205.00 20 72 750 KVA Three Phase 277/480V Dutton-Lainson $72,010.00 3 52 1000 KVA Three Phase 277/480V Fleming Electric $74,800.00 2 43 2500 KVA Three Phase 277/480V Fleming Electric $133,802.00 2 43 3750 KVA Three Phase 277/480V Fleming Electric $121,618.00 1 43 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the quotations of Dutton-Lainson of Hastings, Nebraska and Fleming Electric of Tequesta, Florida, for the purchase of transformers, is hereby approved as the lowest responsible quotations. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 11, 2023 _______________________________ Roger G. Steele, Mayor Attest: ___________________________ RaNae Edwards, City Clerk Page 35 of 56 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 11, 2023 Item #: 9.a. Subject: Public Hearing on Request from Axe Holes, LLC dba Axe Holes, 2300 N Webb Road, Suite 109 for a Class "C" Liquor License #2023-169 - Approving Request from Axe Holes, LLC dba Axe Holes, 2300 N Webb Raod, Suite 109 for a Class "C" Liquor License and Liquor Manager Designation for Eric Christensen, 2610 S Engleman Road, Grand Island, NE Staff Contact: RaNae Edwards 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: 1. 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; 2. To encourage temperance in the consumption of alcoholic liquor by sound and careful control and regulation of the sale and distribution thereof; and 3. 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: Axe Holes, LLC dba Axe Holes, 2300 N Webb Road, Suite 109 has submitted an application for a Class “C” Liquor License. A Class “C” Liquor License Page 36 of 56 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 Control Commission for issuance of all licenses. This application has been reviewed by the Clerk, Building, Fire, Health, and Police Departments. See attached Police Department report. Also submitted was a request for Liquor Manager Designation for Eric Christensen, 2610 South Engleman Road, Grand Island, Nebraska. Mr. Christensen has completed a state approved alcohol server/seller training program. Staff recommends approval of the liquor license contingent upon final inspections and liquor manager designation for Eric Christensen, 2610 South Engleman Road, Grand Island, Nebraska. FISCAL IMPACT: There is no fiscal impact. 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 presented in this motion. 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 as recommended. ATTACHMENTS: 1. Police Report 2. Map 3. Resolution Page 37 of 56 07/06/23 Grand Island Police Department Officer Report for Incident L20031897 Nature:  Liquor Lic Inv Address:  2300 WEBB RD N STE 109 Location:  PCID Grand Island NE 68803 Offense Codes:   Received By:  Dvorak T How Received:  T Agency:  GIPD Responding Officers:  Dvorak T Responsible Officer:  Dvorak T Disposition:  CLO 04/06/20 When Reported:  13:49:29 03/27/20 Occurred Between:  13:49:29 03/27/20 and 13:49:29 03/27/20 Assigned To:   Detail:   Date Assigned:  **/**/** Status:   Status Date:  **/**/**Due Date:  **/**/** Complainant:    Last:    First:    Mid:    DOB:   **/**/**Dr Lic:    Address:    Race:    Sex:    Phone:    City:   , Offense Codes Reported:    Observed:    Circumstances LT03 LT03 Bar/Night Club Responding Officers:   Unit :   Dvorak T 309 Responsible Officer:   Dvorak T Agency:   GIPD Received By:   Dvorak T Last Radio Log:   **:**:** **/**/** How Received:   T Telephone Clearance:   CL CL Case Closed When Reported:   13:49:29 03/27/20 Disposition:   CLO Date:   04/06/20 Judicial Status:    Occurred between:   13:49:29 03/27/20 Misc Entry:    and:   13:49:29 03/27/20 Modus Operandi:   Description :   Method :   Involvements Date Type Description 03/27/20 Name Christensen, Eric S owner Page 38 of 56 Officer Report for Incident L20031897 Page 2 of 7 07/06/23 03/27/20 Name Christensen, Danielle N owner 03/27/20 Name Axe Holes, business Page 39 of 56 Officer Report for Incident L20031897 Page 3 of 7 07/06/23 Narrative 309 Liquor License Investigation _____________________________________________ Responsible LEO: _____________________________________________ Approved by: _____________________________________________ Date Page 40 of 56 Officer Report for Incident L20031897 Page 4 of 7 07/06/23 Supplement City 7/6/23 309 Liquor License Investigation Grand Island Police Department Supplemental Report Date, Time:3-25-20 Reporting Officer:Sgt Dvorak Unit #:CID Eric and Danielle Christensen are planning to open a new recreational establishment, Axe Holes in the old YMCA Express location in the Gordman's Plaza on Webb Road. They are applying for a Class A Liquor License, which allows on sale of beer only, and only on the premises. The business is in the early stages of preparation for opening. I noted on the application that Eric Christensen disclosed that he has been convicted of three (3) historical misdemeanors, all of which appear to be connected to partying and/or drinking, and several infractions for speeding. Danielle Christensen disclosed that she was convicted of one DUI and three (3) traffic infractions. None of the misdemeanors were in the past five (5) years. I checked both Eric and Danielle through Spillman and NCJIS. I found nothing noteworthy in Spillman reports, and found both subjects have valid Nebraska drivers licenses. I found neither to have any outstanding warrants for their arrest. I also checked both Christensens through a paid Law Enfrocement only database, which tends to provide mostly personal identifying information and details of any civil issues. No concerns were located. On 3-25-20 Nebraska State Patrol Investigator Jeromy McCoy and I met with the Christensens at 2300 N Webb, suite 109. Several contractors were present, and building plans and renovations were discussed. No renovations had yet taken place. The site is mainly a very large open space, with one large glass enclosed room and two offices down a separate hallway. Eric and Danielle advised that they have never owned or operated such a business, have never worked in the service industry, and decided to take a chance on this venture because they have seen a high interest in axe throwing facilities in larger municipalities. Eric advised he plans to keep his current job, in Kearney, for the time being. Danielle told us she plans to be on site most of the time after the business opens. The Christensens said they plan to have only afternoon and evening business hours on Wednesday, Thursday and Friday. The plan to be open all day on Saturdays, and open noon to ten pm on Sunday. They foresee regular hours of three pm to eleven pm on the weekdays. Danielle advised she plans to only employ two or three other employees, those those personnel have not yet been identified. Eric told us they plan to offer eight lanes of axe throwing, along with other activities such as archery tag, corn hole and giant Jenga. The Christensens envision a family focused business most of the time, with the ability to rent the facility for parties and bring in (or cater) food for parties. They currently plan to offer only pre-packaged snack items and have no plans for a kitchen facility. They will also offer non-alcoholic beverage selecttions, in addition to canned beer. Eric plans to have both axe throwing and corn hole tournaments periodically, and they intend to offer league competition at a later Page 41 of 56 Officer Report for Incident L20031897 Page 5 of 7 07/06/23 date. We discussed the concerns of having intoxicated people throwing axes. Eric told us that they are aware of the liability, and plan to copy the Omaha and Lincoln facility rules, with a three (3) beer maximum service when patrons are in the axe throwing area. Eric and Danielle said they will only offer canned beer, and do not plan to have table service. Eric envisions that patrons will have to come to the office/greeting area to purchase their beers. The cooler and beer storage area will be located in the office at the southwest corner of the building, completely removed from the customer area. Eric said they plan to install a good security/surveillance system, so the entire facility can be monitored from the front counter, wich is located inside the entry door on the northwest corner of the building. I asked Eric about his misdemeanor convictions in Colorado. He advised that the MIP was when a party he was attending was busted, and the first Disorderly violation was due to a loud house party he was hosting, and the second stemmed for a fight with another guy when they found out they were both dating the same girl. Eric said neither he nor the other guy wanted to file assault charges, so they were both charged with Disorderly violations. McCoy then covered several other Liquor Commission items and training requirements, and again cautioned the Christensens regarding the dangerous nature of throwing axes while intoxicated. Eric stressed that they will make it a point of emphasis to ensure drunk people do not partake in the axe throwing. He reiterated that they do not envision their venture being a bar/nighclub setting, but stressed they want to be more family oriented and recreation focused. The Grand Island Police Department has no objections to Eric and Danielle Christensen, as owners of Axe Holes, receiving a Class A liquor license to serve canned beer at their new axe throwing recreational facility. Page 42 of 56 Officer Report for Incident L20031897 Page 6 of 7 07/06/23 Supplement City 7/6/23 309 Change of License Class Grand Island Police Department Supplemental Report Date, Time:7-5-23 Reporting Officer:Sgt Dvorak #309 Unit #:CID I received an application from Eric and Danielle Christensen, owners of Axe Holes LLC, to upgrade/change their NE Liquor License class. The owners want to change from Class A; beer only on sale, to a Class C; beer, wine and distilled spirits on and off sale. I performed the original license investigation in March of 2020, so I only checked from that period until today. I utilized local Spillman records, State NCJIS files, and a paid law enforcement only database for this task. I found neither Eric nor Danielle have warrants for their arrest. I checked Spillman files, and found no entries of interest. I checked dispatched calls to the Axe Holes address, since it opened in 2020. I found four dispatched calls. Two were called in by Eric and Danielle regarding a suspicious person and a possible drunk driver. One call involved a medical distress incident. None of the calls were due to actions at the establishment. NCJIS files do not show any recent traffic stops or criminal charges for either Christensen. I did however, in both NCJIS and the law enforcement only database, locate several entries of a civil nature. These entries indicate a possible divorce proceeding in 2021. I did not find any reference to changes in the Axe Holes LLC business structure. On 7-6-23 I contacted Danielle Christensen by phone. I explained my findings regarding possible dissolution of marriage proceedings. Danielle advised that I was correct, she and Eric are legally divorced. However, they are still business partners for the Axe Holes LLC. In addition, Danielle said that she and Eric are back together in a relationship, just no longer legally married. While this situation is unusual, it would not seem to have any bearing on the business or liquor license status. I did note however, that on the application, Eric and Danielle indicated they were "spouses" when signing the paperwork. Legally this would no longer be strictly true. None of my findings change the fact that the Grand Island Police Department does not object to Axe Holes LLC being granted a Class C liquor license, to replace the current Class A license status. Page 43 of 56 Liquor License Application:Class “C”: Axe Holes ! ! ! ! ! ! ! ! ! ! ! ^_Carleton AveCollege StSaint Patrick AveDiers Ave NRue De Coll egePlaza DrWebb Rd NKelly St O Flannagan StCapi t al Ave W Lawrence LnBrennen LnUS Highway 281 N2300 N. Webb Road,Suite 109 ¯ Legend ^_2300 N. Webb Road, Suite 109 !Licensed Locations Road Centerlines1 inch = 400 feet Page 44 of 56 R E S O L U T I O N 2023-169 WHEREAS, an application was filed by Axe Holes, LLC dba Axe Holes, 2300 N Webb Road, Suite 109 has submitted an application 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 July 1, 2023; such publication cost being $13.20; and WHEREAS, a public hearing was held on July 11, 2023 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 Eric Christensen, 2610 South Engleman Road, Grand Island, Nebraska for Liquor Manager Designation. - - - Adopted by the City Council of the City of Grand Island, Nebraska, July 11, 2023. _______________________________________ Roger G. Steele, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Page 45 of 56 AGENDA MEMO To: The Mayor and City Council Agenda: City Council Meeting Date: July 11, 2023 Item #: 10.a. Subject: Consideration of Request Amending City Code Chapter 39 Relative to Cigar Lounge Staff Contact: Laura McAloon BACKGROUND: On June 15, 2023 Jeff Berggren and John Gannon requested a Future Agenda Item to discuss opening a cigar lounge and the possibility of amending City Code Chapter 39. DISCUSSION: FISCAL IMPACT: ALTERNATIVES: RECOMMENDATION: SAMPLE MOTION: ATTACHMENTS: 1. Request 2. Cigar Lounge Presentation 3. Spec Sheet 4. Spec Sheet 5. Cigar Shop Info Page 46 of 56 Page 47 of 56 Cigar Lounge Presentation Grand Island City Council 1. Plan for Grand Island Location 2. Examples of locations in Nebraska 3. Nebraska Clean Air Act 4. Differences with Grand Island code 5. Information about the air quality equipment 6. Operating hours and possible staffing requirements 7. Destination 8. Questions Page 48 of 56 Model MT1251/1252 Specifications and Technical Data TYPICAL APPLICATIONS  Paper Dust  Cigarette Smoke  Odor Removal Features:  500-1000 CFM Standard  Choice of Filtration  Center Mounted Blower for Optimum CFM and Low Noise Levels  Side Load, Easy Filter Access  Above-Ceiling Model—MT1252 Only  Remote Wall Mount Switch Std. MT1252 Only Options:  95% DOP or 99.97% DOP HEPA Filters  Remote Wall Mount Switch– MT1251  Carbon Modules for Odor Control How It Works Polluted air flows through the foam prefilter. This effectively removes the large particles. Next, the air passes through the main filtration system. It can be a high efficiency HEPA filter, charcoal module or a combination of the two. This portion contains the primary filter media and captures minute particles of airborne impurities and ab- sorbs gases and odors.. The air that is dis- charged is then pollution-free. OVERALL DIMENSIONS: 14” H X 24 1/2” W X 32 3/4” L WEIGHT: 120 LBS ACTUAL / 130 LBS SHIPPING CABINET: 16 GAUGE WELDED GALVANEALED STEEL WITH EXTERIOR SURFACES GROUND SMOOTH. FINISH: INDUSTRIAL GRADE STORM GRAY TEXTURED BAKED ENAMEL, INSIDE AND OUT. PREFILTER: 13 1/2” X 24” X 1/2” FOAM PREFILTER STANDARD FILTER: 12” X 24” X 6” 95% EFFICIENT HEPA-TYPE FILTERS WITH 70 SQ. FT. OF MEDIA. REFILLABLE CARBON MODULE(HOLDS 8 LBS OF MEDIA) OR 95% DOP HEPA FILTERS ALSO AVAILABLE. AFTERFILTER: 13 1/2” X 24” X 1/2” FOAM FILTER. FILTER ACCESS: SIDE LOAD THROUGH TWO REMOVABLE DOORS. MOTOR: FOUR-SPEED, 1/3 HP, SINGLE PHASE, 120 VOLT, 60 HZ, BALL- BEARING, THERMALLY PROTECTED MOTOR. MAXIMUM AMP DRAW: 6.5 ANP—HIGH / 4.0 APMP—LOW THROW: THROW DISTANCE 80’ ON HIGH WITH 100FPM TERMINAL VELOCITY. BLOWER: DIRECT DRIVE 9-7t BLOWER. 1725 RPM. AIR VOLUME: 500-1000 CFM. ELECTRICAL: 120 VOLT, 60 HZ, SINGLE PHASE, 10’ POWER CORD WITH PLUG. MT1252 VERSION IS DIRECT WIRED. NOISE LEVEL: MT1251 IS 63 DBA ON HIGH, 57 DBA ON LOW. MT1252 IS 49 DBA ON HIGH, 40 DBA ON LOW. MEASURED AT 6’ FROM EXHAUST GRILLE. CONTROLS: TWO-SPEED ROCKER SWITCH—MT1251 / REMOTE WALL MOUNT SWITCH—MT1252 MT1252 INLET / OUTLET PLENUMS: 1 3A 14” DIA. OR 2 EA. 10” DIA. COLLARS Specifications Sold and Serviced by: Specifications subject to change without notice. All efficiencies are per ASHRAE 52-76. L2221-04/22 Page 49 of 56 Page 1 MX3510 Specifications and Technical Data TYPICAL APPLICATIONS:  Ambient Dust or Mist Capture  Source Capture Process Dusts & Mists  Welding Smoke & Fumes  Grinding / Sanding / Polishing  Metalworking / Composites  Other Nuisance Dusts Generated in Industrial Processes HOW IT WORKS: L2245-03/22 Polluted air flows through a pleated or foam prefilter, effectively removing the larger particles of the pollutant. Next the air passes through the main filtration system. This portion con- tains the primary filter me- dia, a bag filter, HEPA fil- ter, Carbon module or a combination. This system captures minute particles of airborne impurities and absorbs gases and odors. The discharged air is then pollution-free. STANDARD FEATURES:  2,000—3,500 CFM - Depending on options selected—Consult Fan Curves  Belt Driven—Blower  Side Load. Easy Filter Access  Filter Change Light or Magnahelic Gauge  Cam-Lock Positive Filter Sealing  Full Range of Options OPTIONS:  1 1/2 or 3 HP Motor Options  Wrap-Around Prefilter Mod- ule  99.97% dop hepa filter  24” x 24” x 12” Refillable Mod- ules– with up to 80 lbs of car-bon  Multiple pre-filter options  Multiple filter options  Oil impinger / oil drain kit for mist collection  Multiple Mounting Options Available  Pulley options for low,/med./high static applica- tions  Source Capture Module with one, two or three inlets  Motor controls for 3-Phase Oper- ation  Exhaust options— straight/front/rear  Silencer for straight exhaust MICRO AIR CLEAN AIR SYSTEMS Toll-Free: 866-566-4276 PO BOX 1138 WWW.MICROAIRONLINE.COM Phone: 316-946-5875 WICHITA KS 67201 Fax: 316-219-2995 Page 50 of 56 Page 2 OVERALL DIMENSIONS: 26” H X 26” W X 69.5” L NO SILENCER 26” H X 26” W X 93.5” L W / SILENCER WEIGHT: *268LBS ACTUAL WEIGHT *300 LBS SHIPPING WEIGHT *WEIGHT VARIES DEPENDING UPON OPTIONS SELECTED CABINET: HEAVY DUTY 16 GA. WELDED GALVANEAL STEEL W/EXTERIOR SURFACES GROUND SMOOTH FINISH: INDUSTRIAL GRADE TEXTURED BAKED CRIMSON RED ENAMEL PAINT—INSIDE AND OUT FILTRATION OPTIONS: ONE EA. MERV 15, 24” X 24” X 32” 95% BAG FILTERS ONE EA. MERV 15, 24” X 24” X 32” 55% BAG FILTER ONE EA MERV 15, 24” 24” X 15” 55% BAG FILTER ONE EA MERV 15, 24” X 24” X 15” 95% BAG FILTER REFILLABLE MODULE W/ CARBON (UP TO 80 LBS CARBON) 95% OR 99.97% DOP HEPA PREFILTER 2” PLEATED PRE-FILTER 2” ALUMINUM MESH PRE-FILTER 2” BAFFLE IMPINGER 4” PLEATED PRE-FILTER WRAP-AROUND DUO-CUBE PREFILTER FILTER ACCESS: FRONT LOAD FOR EASY ACCESS Specifications Subject to Change Without Notice FILTER ACCESS: FRONT LOAD FOR EASY ACCESS NOISE LEVEL: 79 dBA @ 6’ FROM EXHAUST INLET / EXHAUST: STRAIGHT EXHAUST—INTAKE AT END / EXHAUST AT OPPOSITE END THROUGH 4 WAY ADJUSTABLE GRILLE SIDE EXHAUST—INTAKE AT END / EXHAUST EITHER FRONT OR REAR MOTOR: 1 1/2 HP, 1740 RPM ,TEFC, SINGLE PH 3 HP, 208-230 / 460 V TEFC, 3 PH BLOWER: 12-9 BELT DRIVEN INPUT VOLTAGE: 120v, SINGLE PH (1 1/2 HP ONLY) 230/460 VAC, 60 Hz, 3-PHASE ( 3 HP ONLY) MAX CURRENT: 1/1/2 HP, 120V—17.2 AMPS 3 HP, 230V / 460V—8.4 AMPS / 4.2 AMPS AIR FLOW: UP TO 3,500 CFM—DEPENDENT ON OPTION CHOICES FILTER CHANGE INDICATOR (OPTIONAL): FILTER CHANGE LIGHT MX3510 SPECIFICATIONS: L2245/03/22 Straight Through Exhaust Side (Front) Exhaust Page 51 of 56 Nebraska Clean Indoor Air Act Cigar Shops In February, 2015, the Legislature passed an additional exemption to the Nebraska Clean Indoor Air Act for cigar shops. Cigar shops are establishments that: •Hold a Class C liquor license. •Annually receive ten percent or more of gross revenue from the sale of cigars and other tobacco products and tobacco-related products, except cigarettes. •Have a walk-in humidor on premises. •Do not sell food. •Do not permit the smoking of cigarettes. •Do not discount alcohol if sold in combination with cigars or other tobacco products and tobacco-related products. •Do not allow anyone under 21 years of age to smoke or purchase any product in the cigar shop. •Post a sign on all entrances to the cigar shop, on the outside of each door, in a conspicuous location slightly above or next to the door, with the following statement: SMOKING OF CIGARS AND PIPES IS ALLOWED INSIDE THIS BUSINESS. SMOKING OF CIGARETTES IS NOT ALLOWED. •Beginning on November 1, 2015, the cigar shop license shall provide the Liquor Control Commission a waiver signed by each employee of the cigar shop stating that he/she will be exposed to secondhand smoke and the employee shall acknowledge that he/she understands the risks of exposure to secondhand smoke; and •Pay an initial nonrefundable application fee of $1,000. Page 52 of 56 CHAPTER 39 GRAND ISLAND SMOKING REGULATION ACT §39-1. Title This section shall be known as the Grand Island Smoking Regulation Act. §39-2. Purpose The City Council does hereby declare it to be the public policy of this City to encourage places of employment and public places to reduce the health and safety risks posed by smoking and vaping in places of employment and public places. The City Council authorizes the Health Director of the Central District Health Department and law enforcement to administer and enforce this Section within the City of Grand Island. §39-3. Definitions; General Provisions For the purposes of this Section, the following words and phrases shall have the meaning ascribed to them by this Section. Employed. Employed shall mean hired, contracted, subcontracted, or otherwise engaged to furnish goods or services. Employee. Employee shall mean a person who is employed by an employer in consideration for direct or indirect monetary wage(s), profit, or other remuneration. Employer, Employer shall mean a person, nonprofit entity, sole proprietorship, partnership, joint venture, corporation, limited partnership, limited liability company, co-op, firm, trust, association, organization, or other business entity formed for profit-making purposes, including retail establishments, where goods or services are sold, who employs one or more employees. Guestroom or Suite. Guestroom or suite shall mean sleeping rooms and directly associated private areas, such as bathrooms, living rooms, and kitchen areas, if any, rented to the public for their exclusive transient occupancy including, but not limited to, guestrooms or suites in hotels, motels, inns, lodges, or other such establishments. Health Director. Health Director shall mean the Director of the Central District Health Department or authorized representative(s). Page 53 of 56 Indoor Area. Indoor area means an area enclosed by a floor, a ceiling, and walls on all sides that are continuous and solid except for closeable entry and exit doors and windows and in which less than twenty 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. International No-Smoking Symbol. International no-smoking symbol shall mean a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. Place of Employment. Place of employment means 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. Proprietor. Proprietor shall mean any employer, owner, operator, supervisor, manager or any other person who controls, governs, or directs the activities in a place of employment or public place. Public Place. Public place shall mean 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. A private residence shall not be considered a “public place.” Smoke or Smoking. Smoke or smoking shall mean the lighting of any cigarette, cigar, or pipe; or the possession of any lighted cigarette, cigar, or pipe, regardless of its composition. Vape(ing). Vape(ing) shall mean the inhaling and exhaling of the aerosol produced by any vaping device. Vaping Device. Vaping device shall mean a device that consists of a mouthpiece, battery, a cartridge for containing the e-liquid or e-juice and a heating component for the device that is powered by a battery. Vaping devices may include but not be limited to, e-cigarettes, vape pens, advanced personal vaporizers (MODS), JUUL’s or any other device whether professionally made or homemade that are designed and used to inhale vapor products. §39-4. Smoking Prohibited; Exceptions Page 54 of 56 It shall be unlawful for any person to smoke or vape in a place of employment or a public place, except as designated by a proprietor pursuant to this Section. §39-5. Proprietor to Prohibit Smoking; Exceptions (a) It shall be unlawful for any proprietor of any place of employment or public place to allow smoking or vaping except as follows: (1) Guestrooms or suites, provided the following requirements are met: (i) The number of rooms or suites designated for smoking shall be no greater than 20% of the total number of guestrooms or suites. (ii) Each guestroom or suite where smoking or vaping is allowed shall have a permanent sign posted containing the words “smoking allowed” on each entrance. (2) As part of a study conducting research into the health effects of smoking or vaping in a scientific or analytical laboratory either governed by state or federal law or at a college or university approved by the Nebraska Coordinating Commission for Post Secondary Education. The proprietor shall post a temporary sign on all entrances to the laboratory indicating that smoking or vaping is being allowed for the purposes of research. (b) Proprietors shall conspicuously post or display required signs so that the signs are readily viewable by employees and the public. (c) This section shall not be interpreted or construed to permit smoking or vaping where it is otherwise restricted by other applicable laws. §39-6. Enforcement The Health Director and law enforcement agencies are hereby authorized to inspect a place of employment or public place at any reasonable time to determine compliance with this Section. §39-7. Violations and Penalties (a) A person who smokes or vapes in a place of employment or a public place in violation of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a minimum fine of: (1) One hundred dollars ($100) and costs for the first offense; (2) Two hundred dollars ($200) and costs for the second offense; Page 55 of 56 (3) Five hundred dollars (500) and costs for the third and subsequent offenses. (b) A proprietor of a place of employment or public place upon whom a duty is placed by the provisions of this section, who shall fail, neglect, or refuse to perform such duty, or who shall knowingly violate any of the provisions hereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a minimum fine of: (1) One hundred dollars ($100) and costs for the first offense; (2) Two hundred dollars ($200) and costs for the second offense; (3) Five hundred dollars (500) and costs for the third and subsequent offenses. (c) Each day that a violation continues to exist shall constitute a separate and distinct offense and shall be punishable as such. (d) Every act or omission of whatever nature constituting a violation of any of the provisions of this section by an officer, manager, supervisor, agent or employee of any proprietor, if said act or omission is made with the authorization, knowledge, or approval of the proprietor, shall be deemed and held to be the act or omission of such proprietor, and said proprietor shall be punishable in the same manner as if said act or omission had been committed by such proprietor personally. §39-8. Severability Each section and subsection is hereby declared to be independent of every other section or subsection herein and invalidity of any section or subsection herein shall not invalidate any other section or subsection there. Adopted by Ordinance No. 9158, effective 6-1-2008 Amended by Ordinance No. 9746, effective 9-11-2019 Page 56 of 56