HomeMy WebLinkAboutMinutes-05/15/2017COUNCIL WORK SESSION
May 15, 2017
3:55 p.m.
Harold E. Getty Council Chambers
Members present: Morrissey, Powers, Amos, Schmitt, and Welper. Absent: Jacobs and Lind.
Moved by Morrissey seconded by Powers that the Agenda, as proposed, be approved.
Objective: Discussion of changes to State of Iowa fireworks laws
Pat Treloar, Fire Chief, provided an overview of the changes to state law regarding the sale of
fireworks as outlined by Senate File 489.
Mayor Hart questioned if other municipalities have been contacted and if other municipalities
have taken a look at use on public property.
Pat Treloar explained that he has contacted to other cities within the state and they have not
decided what they are doing. Some are looking at banning the use while others like Marion are
voting this week to restrict the use over June 24 to July 8. He further explained that Cedar Falls
is looking to approve the use of fireworks on private property but not on public property or city
parks.
Mr. Schmitt questioned the ability of non-profit organizations to sell fireworks.
Pat Treloar explained that the law allows non -profits a discounted fee of $100 if the proper
insurance documentation is filed, the permit fee would be $100.
Mr. Schmitt asked for clarification on what the city can control.
Pat Treloar explained that the city cannot ban the sale but can restrict the location of where
fireworks are sold.
Mr. Schmitt questioned the restrictions.
Pat Treloar clarified the recommendation would be to follow the states guidelines on restriction
of dates and times.
Mr. Schmitt questioned if other cities are working to prohibit the use of fireworks.
Pat Treloar confirmed other cities are looking at restricting the use of fireworks. He further
commented that it is frustrating that cities have to work on a tight timeline.
Mr. Schmitt commented that Waterloo, Cedar Falls and Evansdale should probably be on the
same page with regard to restrictions.
Pat Treloar explained that his recommendation is to go with the modified use as a test to see how
it would go.
Mr. Morrissey questioned if the modified time frame would include New Year's.
Pat Treloar confirmed.
Mr. Morrissey questioned if the restricted area referenced in the current city ordinance (7-8-5)
applies to just parks or all publicly owned property.
Pat Treloar explained he understands it is just public parks.
Mr. Morrissey questioned if they are looking at aerial fireworks or other types of fireworks.
Pat Treloar explained that it does not specifically list the product but the type of firework and
that the state law could be clearer.
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Mr. Morrissey asked how it would be handled when the seller sells a certain type of firework that
the city restricts the use of.
Pat Treloar explained that he does not believe the sellers are going to be looking to sell too many
of the large explosive products.
Mr. Amos questioned how often citations are issued for fireworks.
Pat Treloar explained that they do not get many fireworks complaints.
Dan Trelka, Chief of Police, explained that they show a vast amount of forgiveness for fireworks
around July 4th
Mayor Hart commented that he is hearing a lot of Option 2 (local modification) from council.
Mr. Morrissey questioned to the process going forward.
Pat Treloar explained the issue has been discussed a few times and believes there is a consensus
but wanted to allow council to give feedback.
Kelley Felchle, City Clerk, identified a few areas of the current code that will need to be
amended due to the new law. Kelley further explained the need to have a clear understanding by
way of resolution, on what council wishes to allow with regard to fireworks within the city.
Pat Treloar explained that the State Fire Marshal is planning to issue licenses next week and that
the city needs to be prepared with phone calls coming next week. He further explained that
M80s and Cherry Bombs were restricted under the Child Safety Act of 1966.
Mr. Morrissey questioned if overlay district wording could apply.
Noel Anderson, Community Planning and Development Director, overlay districts could be
looked at in the future. In the short term, Zoning will need to look at available parking and
ensuring that they would be in compliance with zoning ordinances in order to allow an additional
business in the space.
Mayor Hart questioned Chief Treloar on the local modifications of Option 2.
Pat Treloar explained that if the city went with Option 2 his recommendation would be to
prohibit use on public property.
Mr. Morrissey questioned when sales would be allowed to take place.
Pat Treloar explained the sale dates.
Mr. Morrissey questioned if any information is available on reports of trouble surrounding the
sites where sales are taking place.
Dan Trelka explained that information is not available until the sale sites are identified, but will
look into that.
Mayor Hart commented that this is uncharted territory for all cities and if things like personal
injury and property damage take place we can adjust and modify.
Pat Treloar explained that he believes it would be best to go middle of the road with Option 2
and adjust in the future.
Mr. Schmitt questioned if data exists with firework use in other states.
Pat Treloar explained that they do not have the data but the bigger operators have great success
but that his concern is for smaller operations and consumer fireworks.
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Mr. Schmitt questioned if there is an age restriction on sales.
Pat Treloar explained that the legal age to sell is 18.
With no further business before the Council, it was moved by Schmitt seconded by Morrissey
that the meeting be adjourned at 4:33 p.m. Ayes: Five. Motion carried.
Kelley F
City Cler