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HomeMy WebLinkAboutCouncil Packet - 1/22/2019Council Work Session January 22, 2019 Time indicated below Harold E. Getty Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 3:55 p.m. Review fireworks zoning ordinance amendment. Submitted By: Aric Schroeder, City Planner 4:10 p.m. Review fireworks code amendment. Submitted By: Aric Schroeder, City Planner 4:25 p.m. Review of an ordinance to increase Storm Water Fees. Submitted By: Jamie Knutson, PE, City Engineer ADJOURNMENT Kelley F elchle City Clerk CITY OF WATERLOO Council Communication Review fireworks zoning ordinance amendment. City Council Meeting: 1/22/2019 Prepared: 1/17/2019 REVIEWERS: Department Reviewer Action Date Water Works Feichie, K elley Approved 7/2019 ...6:13 P ATTACHMENTS: Description Type D Fireworks Code Change 13a.ckup M.aterial. D Memorandum P roposed Zoning O:rdiran c. Backup Mimirial. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Review fireworks zoning ordinance amendment. Submitted By: Aric Schroeder, City Planner Uevba.l %vivij- /4ci4'fr/O INTENT: 1) To LIMIT LITTER, FIRE HAZARDS AND FIREWORK EXPLOSIONS THAT NEGATIVELY AFFECT PEOPLE AND ANIMALS. 2) To ALLOW PROPONENTS OF FIREWORKS TO SHOW THAT PEOPLE WILL FOLLOW THE LAW AND PROPONENTS WILL EDUCATE/PERSUADE OTHERS THAT ARE USING PROHIBITED FIRST-CLASS CONSUMER FIREWORKS TO STOP USING THEM. 3) IF THE NEW PROPOSED ORDINANCE IS FOLLOWED IT CAN BE REVISITED TO POSSIBLY ADD OTHER NON -AERIAL FIREWORKS. I.E. ROMAN CANDLES. <INCENTIVE TO FOLLOW THE NEW ORDINANCE PLUS IT'S EASIER TO GIVE THAN TO TAKE AWAY.> CURRENT WATERLOO ORDINANCE AND PROPOSED AMENDMENTS 5-2-13: FIREWO RKS: https://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=15757#s1236907 <NO CHANGES> A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference. <CURRENT> B. Prohibitions: It shall be unlawful for any person to use or explode any consumer fireworks or display fireworks within the corporate limits of the City of Waterloo. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2 <NEW VERSION Names what's illegal & legal> B. Prohibitions: It shall be unlawful for any person, within the corporate limits of the City of Waterloo, to possess, use, discharge or explode any display fireworks or fireworks that shoot in the air or travels along the ground, first-class consumer fireworks listed in Iowa Code section100.19(1)(c), aerial shell kits and reloadable tubes, chasers, helicopter and aerial spinners, mine and shell devices, missile type rockets, roman candles, sky rockets and bottle rockets and multiple tube devices with the exception of firecrackers. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2 and second-class consumer fireworks as defined by Iowa Code section 100.19. Such use of allowed first-class consumer fireworks shall be governed by the following regulations: 1. The use of allowed first-class consumer fireworks shall be restricted to July 4th from 4:30p.m. to 10:OOp.m. 2. It shall be unlawful for any person to throw or place any fireworks including pyrotechnic devices, in such a manner that explosion of same will likely or does endanger or cause injury or damage to any person, domestic or wild animal or property. 3. No fireworks shall be exploded during the hours of any religious service in the vicinity where such services are being conducted. [This was a concern brought up by some people during initial discussions in 2017] 4. Throwing or discharging fireworks from a moving vehicle of any type is prohibited. S. Throwing or discharging of fireworks on any public property, including streets andparks, is prohibited. <ALTERNATE VERSION - SHORTER> B. Prohibitions: It shall be unlawful for any person, within the corporate limits of the City of Waterloo, to possess, use, discharge or explode any display fireworks or fireworks that shoot in the air or travels along the ground, first-class consumer fireworks listed in Iowa Code section100.19(1)(c) with the exception of firecrackers. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2 and second-class consumer fireworks as defined by Iowa Code section 100.19. Such use of allowed first-class consumer fireworks shall be governed by the following regulations: <Including 1-5 above> <NO CHANGES> C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater, or for signal purposes in athletic sports or by railroads or trucks, for signal purposes, or by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. PAGE 1 OF 2 <NO CHANGES> D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this Code. (Ord. 5427, 12-11-2017) <CURRENT> E. Sales: Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer and display fireworks are banned within the corporate limits of the City of Waterloo unless said usage is allowed by a permit, as referenced in section 9-2C-4 of this Code. (Ord. 5456, 6-4-2018) <NEW VERSION> E. SALES: Each sales site for which a license to sell first-class consumer fireworks has been issued shall prominently display, at the entrance and exit sites, signs stating: 1) FIREWORKS MAY BE DISCHARGED OR EXPLODED ON JULY 4, FROM 4:30P.M. to 10:OOP.M. ONLY. 2) SHOOTING OF FIREWORKS IS PROHIBITED ON CITY STREETS, IN PARKS AND OTHER PUBLIC PROPERTY WITHIN THE CORPORATE CITY LIMITS OF THE CITY OF WATERLOO. 3) POSSESSION, USE OR DISCHARGE OF AERIAL SHELL KITS AND RELOADABLE TUBES, CHASERS, HELICOPTER AND AERIAL SPINNERS, MINE AND SHELL DEVICES, MISSILE TYPE ROCKETS, ROMAN CANDLES, SKY ROCKETS AND BOTTLE ROCKETS, MULTIPLE TUBE DEVICES, MORTARS AND ANY FIREWORK THAT SHOOTS IN THE AIR OR TRAVELS ALONG THE GROUND IS PROHIBITED IN THE CITY OF WATERLOO. Each sign shall be weather -resistant with lettering at least 1 inch high that contrast with their background. <CURRENT> F. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250.00). (Ord. 5427, 12-11-2017) <NEW VERSION> F. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than One hundred fifty dollars ($150.00). [Reasoning: Officers are more likely to write a ticket if they think the fine is reasonable, especially if it is something they believe in or enjoy doing themselves. There's more to it than that but that's the short version.] SOME CHANGES ARE MODELED AFTER BELTON, MISSOURI FIREWORKS REGULATION AS WELL AS OTHER MISSOURI AND FLORIDA CITIES' ORDINANCES. 1 STATE FIRE MARSHAL, §100.19 100.19 Consumer fireworks seller licensing — penalty — fund. 1. As used in this section: a. "APA 87-1" means the American pyrotechnics association standard 87-1, as published in December 2001. b. "Community group" means a nonprofit entity that is open for membership to the general public which is exempt from federal income taxation pursuant to section 501(c) (3) of the Internal Revenue Code or a fraternal benefit society, as that term is defined in section 512B.3. c. "First-class consumer fireworks" means the following consumer fireworks, as described in APA 87-1, chapter 3: (1) Aerial shell kits and reloadable tubes. (2) Chasers. (3) Helicopter and aerial spinners. (4) Firecrackers. (5) Mine and shell devices. (6) Missile -type rockets. (7) Roman candles. (8) Sky rockets and bottle rockets. (9) Multiple tube devices under this paragraph "c" that are manufactured in accordance with APA 87-1, section 3.5. d. "Retailer" means as defined in section 423.1. e. "Second-class consumer fireworks" means the following consumer fireworks, as described in APA 87-1, chapter 3: (1) Cone fountains. (2) Cylindrical fountains. (3) Flitter sparklers. (4) Ground and hand-held sparkling devices, including multiple tube ground and hand-held sparkling devices that are manufactured in accordance with APA 87-1, section 3.5. (5) Ground spinners. (6) Illuminating torches. (7) Toy smoke devices that are not classified as novelties pursuant to APA 87-1, section 3.2. (8) Wheels. (9) Wire or dipped sparklers that are not classified as novelties pursuant to APA 87-1, section 3.2. 2. a. The state fire marshal shall establish a consumer fireworks seller license. An application for a consumer fireworks seller license shall be made on a form provided by the state fire marshal. The state fire marshal shall adopt rules consistent with this section establishing minimum requirements for a retailer or community group to be issued a consumer fireworks seller license. b. A person shall possess a consumer fireworks seller license under this section in order to sell consumer fireworks. 3. a. The state fire marshal shall establish a fee schedule for consumer fireworks seller licenses as follows: (1) For a retailer at a permanent building who devotes fifty percent or more of the retailer's retail floor space to the sale or display of first-class consumer fireworks, an annual fee of one thousand dollars. (2) For a retailer at a temporary structure who devotes fifty percent or more of the retailer's retail floor space to the sale or display of first-class consumer fireworks, an annual fee of five hundred dollars. (3) For a retailer who devotes less than fifty percent of the retailer's retail floor space to the sale or display of first-class consumer fireworks, an annual fee of four hundred dollars. (4) For a community group that offers for sale, exposes for sale, or sells first-class consumer fireworks, an annual fee of four hundred dollars. (5) For a retailer or community group that offers for sale, exposes for sale, or sells second-class consumer fireworks, but not first-class consumer fireworks, an annual fee of one hundred dollars. Sat Dec 08 12:46:40 2018 Iowa Code 2019, Section 100.19 (15, 2) x z 12 — 10 3.1.1.8 and 3.2.5 Wire Sparkler, Dipped Stick 12 — 10 8 4 W 2 U z 0 1 Appendix A TYPES OF FIREWORKS AND NOVELTIES APA STANDARD 87-1 3.1.1.1 Cylindrical Fountain 3.1.1.2 Cone Fountain 111. 3.1.1.5 3.1.1.6 3.1.2.1 Ground Flitter Sky - Spinner Sparkler Resket- TWIN 3/4 inch wide 3.1.3.1 Firecrackers 3.1.1.3 Illuminating Torch (with Sparkler) Qv r Q Racket 3.1.2.3 3.1.2.4 Helieeptef Roman- Candle - NOT SHOWN: 100.19(1)(c)(9) FIRST-CLASS CONSUMER FIREWORK - MULTIPLE TUBE DEVICES 3.1.1.4 Wheel 2+ inches wide & 8+ inches tall 3v.1i722.6 (Ret-te-ssale) 3.1.2.5 Miee-apiel Shell Device:, CiiiiP 3.1472 3.2.1 GlIaSeF Party Popper 3.1.1.7 and 3.2.3 Toy Smoke Devices 3.2.2 Snapper 3.2.4 Snake Glow Worm NOVELTIES: Party Popper -3.2.1, Toy Smoke Devices -3.1.1.7 & 3.2.3, Snapper -3.2.2 and Snake Glow Worm -3.2.4 A-1 How loud are fireworks? Decibel Range on Fireworks Normal Decibel Range Rocket Launch 1 65 12-0auge Shotgun 155 145 fireworks. Gunshot 135 Jet Plane (from lop ft.) 125 Ambulance. Jack Hammer 115 L flower. Ruck Concert Chainsaw 105 Walkman, Tractor Gas :Mowec.Hair pryer. Busy C*y>ryTraffic Washing Machina — 95 — —85 — 75 — 65 — — 55 — 45 — 35 — 25 — 15 —5 — —o Typical Speech Rainfall Whisper Softest Sound You Can Hear Waterloo City Code 4-5-3 - The maximum decibels allowed in a residential district is 80 dBA, commercial district is 80 dBA and industrial district is 82 dBA. In 2017, listening to Waterloo police & fire calls I documented that a first-class consumer aerial firework can be heard over % of a mile away. "Absolutely, fireworks can damage hearing in adults but especially in children." Fireworks produce noise levels that are considered dangerous on the sound decibel range. "Fireworks are measured anywhere between 150 to 175 decibels which exceeds the recommended normal range of 85 decibels for both adults and children," said Samantha Dixon, Au.D., F -AAA, board-certified audiologist at ChicagoENT. RETRIEVED JANUARY 28, 2019 FROM https://ChicagoENT.com FIRE HAZARD How high does a fireworks shell go when fired? The graphic below shows the approximate heights and travel distances for a fireworks shell when fired at a 75 degree angle. Keep in mind, most fireworks shells are fired vertically, and only when similar shells are simultaneously fired from the same position, or in a finale, will you get fireworks that are fired at a trajectory other than 90 degrees. [NOTE: This isn't necessarily true. On May 5, 2017 when I spoke before the city council I showed a large Sky Rocket firework that came off of my flat roof and on the firework the instructions in part says "...Place in wooden trough or iron pipe at 75° angle... This rocket travels at high speed and can travel long distances."] 11.,j 9 1000 900 ,4 • s • E 11:00 or 1:00 is about 75 Degrees [From this chart you can see (with no wind) that even the smallest aerial fireworks travel over 100 feet down range.] How large is the burst diameter of a fireworks shell? Once again, the larger the fireworks shell, the larger the burst diameter. This is one of the reasons the larger shells must travel higher before the explode, as shown in the plot above. The general rule is 45 feet in diameter for every inch of firework caliber. The graphic below clarifies this point: How Big? Shell burst sizes a; a usually 45 feet in diameter fey every inch in shell size 90 FEET FOR A 2 -INCH SHELL BURST 360 FEET FOR AN 8 -INCH SHELL BURST How fast does a fireworks shell travel when fired from a mortar? The larger the fireworks shell, the faster its muzzle velocity is when leaving the fireworks "gun" or mortar tube. The graphic below shows the approximate muzzle velocities of fireworks of different sizes. 54© — 37S 9 0 25O i 2 in ftis. 166 Ws r3 s fuss : (SHEtCSRO` 23sw: 10 in i2 in 24 in 361n PREVIOUS THREE GRAPHICS AND INFORMATION RETRIEVED MAY 21, 2017 FROM A PYROTECHNICS COMPANY http://Pyrolnnovations.com/display-fireworks-facts.html Mr. Mayor, As most of you know I stand before you as a person with PTSD and I'm negatively affected by fireworks. I'm not alone in being negatively affected. Waterloo has a rich military history. You also have to consider there are whole other groups of citizens that have sensory issues and are negatively affected by fireworks. One group is children with Autuism. Today you'll hear some of what I've discussed before. One suggestion may surprise you. I would like to see if the Mayor and council can get assurances that Dispatcher Chuck and any other dispatchers that haven't entered Waterloo fireworks calls in the past will be required to enter all Waterloo citizen's calls for help and dispatch officers to all fireworks calls that come into the dispatch center and not just the ones they decide to enter and dispatch. Knowing police officers I think raising the fine is going the wrong way. I believe you should lower it to the $150 dollar range. The reason being is officers are compassionate and don't want to take meals off of tables by writing tickets that have what they feel are unreasonably high fines. Especially for something they don't necessarily see is wrong or enjoy doing themselves. They're more likely to write a ticket if there's a reasonable fine attached to it. Previously and again today I'm here to ask that the only date allowed is July 4, with very limited hours and that there be a ban on aerial fireworks that leave the ground and explodes or shoots into the air like mines, shells, bottle rockets, etc. because of the litter, their fire hazards, the negative effects on animals and people that are negatively affected. A question I've asked over the years is with the ban on shooting fireworks on city property why is my or any other home owner's property any less important? A neighbor can light off aerial fireworks within feet of my house and have the garbage from the aerial fireworks land on my flat roof and litter my yard. The big thing is that the only way I can escape the noise is to leave my house. Another question I've asked before is why do first-class consumer fireworks need to be shot off in the afternoon or any time before the sun sets? The sunsets at 8:50 pm on July 4th. In Des Moines the allowed time starts at 4:30pm. If the ordinance is passed I would ask that you limit the hours because it is easier for someone that is negatively affected to go to a movie or find something to do in another city for a few hours instead 10 or 11 hours as proposed The 4:30 time also allows 3rd shift workers to get their full 8 hours of sleep. There are several other points I'd like for you to consider: Not everyone that has a family member that's affected by fireworks can afford leave town for three days. i.e. work, large family, money problems, etc. This is also why 1 disagree with having rain dates on either side of the 4th. As I mentioned for some families, if at all, it may be one day trip and done for the year. Previously planned trips or tickets purchased for out of town July 4 activities (sports, concerts, plays, zoos, etc.) don't come with rain dates on the tickets in case of rainy weather in Waterloo. There are many other opportunities to view the larger display aerial fireworks shows in Waterloo. Those shows should be enough for people to get their display fireworks fix beyond that they just like to blow stuff up. In 2018, The Waterloo Bucks had nine aerial fireworks shows planned including one on July 4. In Waterloo there are also VGM Fireworks, My Waterloo Days fireworks, the Mayor's fireworks, Sunnyside Country Club fireworks. Many surrounding communities including Independence and Evansdale have fireworks too. With display fireworks shows it's easier on those of us negatively affected because unlike neighborhood consumer aerial fireworks, display fireworks shows are advertised in advance and we can plan ahead to shut the windows and turn up the stereo or leave town for half an hour. FINAL — Consumer aerial fireworks are the worst because they aren't planned and you can't simply turn on a radio to drown out the noise. If consumer aerial fireworks are banned it's as simple as turning on a radio or putting on headphones to drown out the noise. Why should I or anybody have to leave our homes because of consumer aerial fireworks? As I've documented previously before the city council, consumer aerial fireworks can be heard over 3/4 of a mile away? I would also venture to say they are also the ones that generate the most calls for the police. The argument I've probably heard the most over the years is that it's all about the 4th and the freedom it stands for. July 3rd or 5th are never mentioned. Why not start by keeping the ban on consumer aerial fireworks, giving them July 4th only and seeing if what the proponents of fireworks say is true that the first year was a fluke, people will follow the law if there's a legal allowed time. In the public's eye it is better for you to give a little each step of the way than to give everything and ban it again. If it's quiet leading up to this July 4th and people show they can follow the law I have no problem with you changing the ordinance to allow fireworks that aren't extremely loud, litter or pose a fire threat to other people's property. I also ask that you DO NOT suspend the rules today so you can take the time to consider my amendments, ask any questions you may have and see if there is a compromise. THANK YOU Myk.e criAi , - 5-2-13: FIREWORKS: A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference. B. Prohibitions and Use: It shall be unlawful for any person to use or explode any consumer fireworks or display fireworks within the corporate limits of the City of Waterloo except on July 3, 4, and 5 of each year between the hours of noon and 11 p.m. on July 4 and between the hours of noon and 10 p.m. on July 3 and July 5. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2. C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater, for signal purposes in athletic sports or by railroads or trucks, for other signal purposes, by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this Code. (Ord. 5427, 12-11-2017) E. Sales: It shall be unlawful to sell fireworks in any location within the corporate limits of the City of Waterloo except in conformance with the City of Waterloo Zoning Ordinance No. 5079, as amended. A seller of consumer fireworks must possess a license from the state fire marshal. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer and display fireworks are banned within the corporate limits of the City of Waterloo unless said usage is allowed by a permit, as referenced in section 9-2C-4 of this Code, or is otherwise authorized by this Code. (Ord. 5456, 6-4-2018) F. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than three hundred seventy-five dollars ($375). (Ord. 5427, 12-11-2017) G. Enforcement and Compensation: During the annual period in which fireworks sales are allowed, this section may be enforced by police reserve officers, who shall have authority to document violations and issue citations, and said officers may also respond to related nuisance calls. To the greatest extent possible, funding for such enforcement activities shall be obtained by application made by the fire chief or his designee to the grant program administered by the state fire marshal under Iowa Code 100.19. CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 MEMORANDUM To: Planning, Programming and Zoning Commission From: Aric A. Schroeder, City Planner Date: 12/18/18 RE: Proposed Zoning Ordinance Amendment: Fireworks Sales. At last month's meeting there was a discussion item regarding staff consideration of changes to the City of Waterloo Zoning Ordinance No. 5079 as it relates to the sale of fireworks. A proposed amendment is now being placed on the agenda for recommendation on adoption. The Zoning Ordinance does not currently specifically list fireworks as a permitted use, however the "C-1" Neighborhood Commercial District allows for "any retail business or service establishment". The amendment would exclude the sale of fireworks in the "C-1" District, and would allow for the sale of fireworks from permanent buildings in the "C-2" Commercial District (or less restrictive districts) when located within a principal building and not an accessory structure, and when said fireworks sales are accessory and customarily incidental to an existing principal retail sales use. Any existing fireworks sales from a principal building not meeting these requirements would be legal non -conforming (grandfathered). Fireworks sales, regardless of type of building and regardless if accessory to an existing use (so including from temporary structures), would be permitted in the "M-1" Light Industrial District or less restrictive districts, provided any structure or building used for fireworks sales is at least 200' from any "R" District, and provided that any temporary structures used for fireworks sales (tent, trailer, cargo container, etc.) is setback at least 25' from any property line. Please let Planning staff know if you have any questions or need any additional information regarding the proposed amendment. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CHAPTER 14 "C-1" NEIGHBORHOOD COMMERCIAL DISTRICT shall not restrict outside display areas when such display areas display items that can be legally sold by a commercial business on the property and when the display area does not exceed an area equal to the area occupied by the building(s) on a property. A. Principal Permitted Uses: 1. Any use permitted in the "R-4" District. 2. Group Homes [Ordinance 4554, 6/3/02] 3. Any retail business or service estab- lishment such as the following, except that fireworks sales shall be prohibit- ed: Animal Hospital or Veterinary Clinic, provided all phases of the business conducted upon the premises be with- in a building where noises and odors are not evident to adjacent properties Antique Shop Apparel Shop Bakery, retail only Barber Shop or Beauty Parlor Bicycle Shop Bookstore Candy Shops, retail only Car Wash Clothes Cleaning and Laundry Pickup Stations Coffee House Collection Office or Public 'Utility Commercial Parking Lots for passen- ger vehicles in accordance with the provisions of Section 10-25-2 Convenience Store [Ordinance 4976, 11/23/09] Dairy Store, retail only Delicatessen and Sub Shop Dry Goods Store Drug Store Financial Institution 60 10-14-1 REGUI ,ATIONS. Florist and Nursery Shop, retail only Fruit and Vegetable Market Furniture Store Gasoline Stations Gift Shop Grocery Store Hardware Store Hobby Shop Household Appliances, sale and repair Jewelry Store Launderette (Laundromat) Meat Locker, storage and retail sales only Music Store Paint and Wallpaper Store Post Office Substation Photographic Studio Radio and Television Sales and Service Radio and Television Studios, provid- ed that any towers or transmitting fa- cilities are in accordance with Section 10-27-1(B)(4) Soda Fountain Shoe Repair Shops Sporting Goods Tailor Shop Theaters Variety Store Professional Cleaning Service exclud- ing Dry Cleaners [Ordinance 5395, 04/10/17] 4. Any retail business or service estab- lishrnent listed above that is also a limited alcohol sales use as defined herein, further subject to the following requirements: a. No alcohol sales use shall sell or dispense alcoholic beverages via a drive-through or walk-up window or any similar drive -up or drive-in CHAPTER 15 "C-2" COMMERCIAL DISTRICT 17. Lumber Yards and Building Materi- als, retail, but not including any manufacturing or fabricating for wholesaling operations. 18. Mini -storage or storage rental devel- opment, upon issuance of a Special Permit, which shall review the loca- tion for compatibility of surround- ing, highest and best use of land, and proximity to a major thorough- fare. [Ordinance 4683, 4/12/04] It is the intent of this provision for such uses to be towards the rear of highly visible commercial property. 19. Monument Sales Yard, but not with- out a principal building. 20. Off -premise advertising in accord- ance with Section 10-26-1. [Ordinance 4724, 9/20/04] 21. Motels and Auto Courts 22. Pet Shop, including Aquariums 23. Printing Shops, not to include more than two (2) 12"x 18" inch job press- es 24. Restaurant: Fast Food Type and Standard Type, and drive-in eating establishments, provided that any such use that meets the definition of an Alcohol Sales Use shall meet the requirements for a limited alcohol sales use (on -premise consumption). 25. Delayed deposit service uses, pro- vided that such uses meet the fol- lowing requirements: a. The use is licensed as a delayed deposit services business by the State of Iowa. b. No delayed deposit service use shall be located within 600 feet from any of the following, as measured in a straight line from the closest point of the property line in which a delayed deposit service use is located to the dos - 65 10-1 -2 BULK -REGULATIONS. est point of the property line of such other use or area: protected uses, pawnbroker uses, other de- layed deposit service uses, adult uses, or non -limited alcohol sales uses. c. No delayed deposit service use shall offer or provide delayed deposit services via a drive- through or walk-up window or any similar drive -up or drive-in system. 26. Pawnbroker uses 27. Freestanding Commercial Parking Lots, upon approval of a Special Permit by the Board of Adjustment after recommendation of the Com- mission. [Ordinance 5288, 06/15/15] 28. Fireworks Sales„ wh.en located with- in a building and not an. accessory structurc„ and when said fireworks sales are accessory an.d. customarily incidental to an existing wincipal retail sale u.se. 28. Other similar service and retail busi- nesses not included in the above list subject to the administrative review and approval of the Planning staff. If staff determines that the proposed use is not similar in nature, it shall be considered a proposed use not covered by title, as regulated in 10-5- 1(R). B. Accessory Uses: 1 Accessory uses permitted in the "C-1" District. 2. Accessory uses and structures cus- tomarily incidental to any permitted principal uses. 10-15-2 BULK REGULATIONS. [Ordinance 3050, 10/1/79] [Ordinance 3192, 2/22/82] [Ordinance 4592, 1/6/03] CHAPTER 19 -1" LIGHT INDUSTRIAL DISTRICT 10-19-2 REQUIRED CONDITIONS. 18. Machine shop. 19. Manufacture of musical instruments and novelties. 20. Manufacture or assembly of electrical appliances, instruments and devices. 21. Manufacture of pottery or other simi- lar ceramic products, using only pre- viously pulverized clay and kilns. 22. Manufacture and repair of electric signs, advertising structures, sheet metal products, including heating and ventilating equipment. 23. Milk distributing station other than a retail business conducted on the premises. 24. Mini -storage development. [Ordinance 4683, 4/12/04] 25. Sawmill, planing mill, including man- ufacture of wood products not involv- ing chemical treatment. 26. The manufacturing, compounding, processing, packaging or treatment of cosmetics, pharmaceutical, and food products except fish and meat prod- ucts, cereals, sauerkraut, vinegar, yeast, stock feed, flour, and the ren- dering or refining of fats 'and oils. 27. The manufacture, compounding, as- sembling or treatment of articles or merchandise from previously pre- pared materials such as bone, cloth, cork, fiber, leather, paper, plastics, metals or stones, tobacco, wax, yarns and wood. 28. Automobile Body or Fender Repair Shop. Vehicles not in running condi- tion, not DOT operational and not be- ing actively restored to running condi- tion as well as machinery, salvage, or used parts shall be located in an en- closed building. 80 29. Wholesale Lumber Yards or Building Material Sales Yards or Manufactur- Mg Facilities. 30. Storage Warehouse or Business in- cluding mini -storage or storage rental. 31. Wholesale Warehouse or Business 32. Recycling, Junk or Salvage Yards up- on approval of a Special Permit by the Board of Adjustment after recom- mendation of the Commission and in compliance with the requirements of 10-27-1(H)(8). Any new yard estab- lished after the effective date of adop- tion of this Ordinance shall have a minimum fenced yard arca of five (5) acres. This provision shall not restrict the expansion of an existing yard that is less than five (5) acres. 33. Sales Auction including automotive, farm implement, livestock, furni- ture/appliances, and similar uses. 34. Delayed deposit services uses. 35. Fireworks Sales, provided that any such structure or 'building useci for fireworks sales shall be at least two hundred 200 feet from an. "R" Dis- trict, and provided 0- rary structure used for fireworks sales tent ailer ca " C e.• etc. shall be setba.ck at least twenty-five (25) feet from any property line. B. Accessory Uses: 1. Any accessory uses permitted in the "C-3" Commercial District. 2. Any accessory uses customarily acces- sory and incidental to a permitted principal use. 10-19-2 REQUIRED CONDITIONS. No use shall be permitted to be estab- lished or maintained which by reason of its nature or manner of operation is or may be- come hazardous, noxious or offensive owing CITY OF WATERLOO Council Communication Review fireworks code amendment. City Council Meeting: 1/22/2019 Prepared: 1/18/2019 REVIEWERS: Department Reviewer Action Community Devcdopntent Even, LeA.nn Approved ATTACHMENTS: Description Type D Efreworks Cone of( .. inance Amendment Backu.n MitterUa..1. SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Review fireworks code amendment. Submitted By: Aric Schroeder, City Planner Date 1/18/2019 10:29 A.N/I 5-2-13: FIREWORKS: A. Definition: The sale and use of fireworks is subject to the definitions enumerated in Iowa Code sections 100.19 and 727.2, as amended, which definitions are incorporated herein by this reference. B. Prohibitions and Use: It shall be unlawful for any person to use or explode any consumer fireworks or display fireworks within the corporate limits of the City of Waterloo except on July 3, 4, and 5 of each year between the hours of noon and 11 p.m. on July 4 and between the hours of noon and 10 p.m. on July 3 and July 5. This section shall not apply to novelty fireworks as defined by Iowa Code section 727.2. C. Exception: Nothing in this section shall be construed to prohibit the use of blank cartridges for a show or the theater, or -for signal purposes in athletic sports or by railroads or trucks, for other signal purposes, or -by a recognized military organization, or for use in military funerals. Provided further, this section does not apply to any substance or composition prepared and sold for medicinal or fumigation purposes. D. Permit: Subsection B of this section shall not apply to anyone who has applied in writing and has received approval from the Council for the use of consumer fireworks or display fireworks anywhere in the City on any date when the fireworks display will be handled by a professional operator, as referenced in section 9-2C-4 of this Code. (Ord. 5427, 12-11-2017) E. Sales: It shall be unlawful to sell fireworks in any location within the corporate limits of the City of Waterloo except in conformance with the City of Waterloo Zoning Ordinance No. 5079, as amended. A seller of consumer fireworks must possess a license from the state fire marshal. Any retailer or community group selling consumer fireworks must prominently display, at the entrance and exit sites, signs informing customers that the use of consumer and display fireworks are banned within the corporate limits of the City of Waterloo unless said usage is allowed by a permit, as referenced in section 9-2C-4 of this Code, or is otherwise authorized by this Code. (Ord. 5456, 6-4-2018) F. Violation: A violation of this section is a simple misdemeanor punishable by a fine of not less than two hundred fifty dollars ($250.00)three hundred seventy-five dollars ($375). (Ord. 5427, 12-11-2017) G. Enforcement and Compensation: During the annual period in which fireworks sales are allowed, this section may be enforced by police reserve officers, who shall have authority to document violations and issue citations, and said officers may also respond to related nuisance calls. To the greatest extent possible, funding for such enforcement activities shall be obtained by application made by the fire chief or his designee to the grant program administered by the state fire marshal under Iowa Code 100.19. CITY OF WATERLOO Council Communication Review of an ordinance to increase Storm Water Fees. City Council Meeting: 1/22/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk: Office ITefich fie, Kelley Approved fi / fi 6/20 fi 9 4:07 P ATTACHMENTS: Description Type D Council Cornmunication 13 a.ckup Material D DRAFir Ordinance Ordinance SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Review of an ordinance to increase Storm Water Fees. Submitted By. Jamie Knutson, PE, City Engineer STORM WATER USER FEE INCREASE January 21, 2019 The City of Waterloo adopted its current storm water fees on December 7, 2010. Since then there has not been an increase in the user fees, yet the number of projects that need to be constructed to control storm water have been increasing. See Appendix A for a map of the existing storm water projects. Currently the storm water fee pays for the storm water management program, maintenance of the City's storm sewer system, enforcement of storm water regulations, public education and outreach programs, storm sewer system studies, drainage way assessments, storm water staff, the City's annual IDNR storm water discharge permit and street sweeping. The current user fee is set up to differentiate between residential and commercial properties. Residential users currently pay a fee of $2.75 per dwelling unit/month. A fee reduction of $1.00 per month is available to those households that meet the City of Waterloo's low income guidelines. Commercial, industrial and institutional properties are charged a base fee of $2.75/month plus $2.75/month for each 5,000 square feet of impervious area. Impervious areas include buildings, driveways, sidewalks, parking lots, etc. Table 1.0 below shows how the City of Waterloo's current storm water user fees compares to other cities across the state of Iowa. Storm Water Fee Comparison City Residential Amount Residential Amount Per Month Per Year Davenport $ 2.72 $ 32.64 Waterloo $ 2.75 $ 33.00 Cedar Falls* $ 3.15 $ 37.80 West Des Moines $ 4.25 $ 51.00 Iowa City $ 4.50 $ 54.00 Ames $ 4.95 $ 59.40 Cedar Rapids $ 5.18 $ 62.16 Dubuque $ 6.81 $ 81.72 Des Moines $ 12.68 $ 152.16 Table 1.0 *The City of Cedar Falls just adopted a 5.0% increase each of the next five years to cover increasing storm water compliance costs. Currently listed in the Capital Improvements Plan (CIP) are approximately $30 million dollars in storm water projects that have been identified city-wide. Most of these projects are currently unfunded. Current CIP bonding has held steady at around seven million to eight million dollars Page 1 of 9 per year. Storm water projects have been rated lower in priority than other projects and at the current CIP levels, the storm water projects never rate high enough to be funded. There are numerous possibilities that could be used to determine a rate increase but I will focus on three of them: 1. No increase 2. $1.25/month increase in all service types plus $0.25 increase for all service types for each year for 5 years 3. $3.00/month increase With no increase in the storm water user fee, current obligations such as storm sewer enforcement, maintenance of the storm sewer system, street sweeping and other required operations would continue but there would be very little revenue for construction projects and funding for construction of these projects would need to come from the CIP with an undetermined time frame to complete the projects. With a $1.25/month increase in the storm water user fee along with an increase of $0.25 each year for five years all of the current operations can continue to be funded, inflation would be accounted for and it would allow for the majority of the projects shown in Appendix A to be completed in approximately 20 to 25 years. With a $3.00/month increase in the storm water user fee all of the current operations can continue to be funded, inflation would be accounted for and it would allow for the majority of the projects shown in Appendix A to be completed in approximately 15 to 20 years. This increase would amount to a doubling the current storm water fee. This increase in revenue would be difficult to spend each year as there is only so much construction and so many contractors to complete the work during any given year. Table 2.0 below shows the existing rates for each property type and the proposed rate for 2019: STORM WATER USER FEE RATES Proposed Property Type Current 2019 Undeveloped Property $ - $ - Residential (1.0 ERU) $ 2.75 $ 4.00 Commercial/Industrial (Base) $ 2.75 $ 4.00 Commercial/Industrial (1.0 ERU per 5,000 sf of Impervious Area) $ 2.75 $ 4.00 Table 2.0 Page 2 of 9 Along with the proposed increase for 2019, I am also proposing an increase in the user fee each year for the next 5 years. This is an increase is a $0.25/ month for each property type listed below. Table 3.0 below shows the proposed rates for each property type: STORM WATER USER FEE RATES Property Type 2020 2021 2022 2023 Undeveloped Property $ - $ - $ - $ - Residential (1.0 ERU) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Commercial/Industrial (Base) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Commercial/Industrial (1.0 ERU per 5,000 sf of Impervious Area) $ 4.25 $ 4.50 $ 4.75 $ 5.00 Table 3.0 If the City had installed an automatic rate increase of 3% each year from 2010 to 2019 the current monthly rate would be $3.60 versus the proposed $4.00 monthly rate and a 5% increase each year during that same time frame would result in a current user fee of $4.25 for 2019. Based on raising the fee to $4.00 per month, Waterloo will still be in the bottom one-third of what cities are charging for their storm water fee. If the user fee increase is approved, Appendix B shows the proposed list of storm water projects for the years 2019-2029. These projects would be subject to change based on factors such as property acquisition, economic development opportunities and funding availability. Please note that the projects listed are based on the assumption that after 2023 the storm water user fees continue to increase by $0.25/month until 2029 at which point the fee is projected to remain flat. Appendix C shows how the storm water user fee increase will affect non-residential property owners for 2019. I am asking the council to approve the rates as shown in Table 2.0 effective March 4, 2019 and the rates shown in Table 3.0 to be effective beginning January 1st of each year listed. Page 3 of 9 APPENDIX A EXISTING STORM WATER MAP Page 4 of 9 Ilowrc'+�eve <, hi Mrtmco'wW ND A VriZtr CLNUM POR IMPROVEML4 DETENTION OB$I'. ROX CULVERT IM STORM SEWER OI CHANNEL IMPRO WA I'M1'WL! DRY CREEK vvoalriERsvo APPENDIX B PROPOSED STORM WATER PROJECTS LIST YEARS 2019-2029 Page 6 of 9 Proposed Storm Water Projects and Timeline N O N N N O O O O 500,000.00 $ EA- CD 4 O O O C01, bS O O O CD, O 64 O O O O r 6S 6S O O O O 69 6- 64- CD 9 O O O O O O O O O O O O O O O O kr, O O O 11 Or--- v10 N M M 69 b9 64 64 O O 00 64 O O O O O O O O © vi © © O O O O O O O O O O O O N -1 O O O O O © © © O O O rn O Min O O O O O 9 O © O O © © O O O O © © © ER EH $ 200,000.00 O O O O O ER 0 0 OO 7.5 'F'..) g .O. .O. .O. 5 F N O O p U U U U O Q U U (] ti O O • fJ ,; a) ^ O O O T e a) a) a)0 V Q U U U U 3 3 3 Ca UU U U 7 ] Q U ,8 a.) o 43--,3 J6 O Q U c4 c4 .5 04 04 04 ,a . a Q vTTT Oa, v C/) Uo 011 b o o o o•oo 0P P € o 0 0• to ba bh D, 0 0 0 6 6 ro 33 x x a°o a°o a°n ..5 c o o a s a bil 72 72 -o 72 7 0 C ° 2 B 9 ,° ,° O O O >, >, Q Q Q 'a' 'a' v c4 c4 ix ix rx c v ° ,a ani x x == 6 Q Q Q o 0 0-0 : Q Q Q Q x x U U U z z a a a 0 0 0 'O 'O 'O `•� R R R a. c. 00. r r r r a a a a a a a :� :� :P ' a D D D c� c� v] cn CI cn 7 c Q Q Q Q Q Q >>> 04 04 P,' P. P. P. d d d APPENDIX C NON-RESIDENTIAL STORM WATER EXAMPLES Page 8 of 9 Storm Water Examples Current Current Current Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 20,000.00 5,000.00 $ 2.75 $ 13.75 $ 165.00 50,000.00 5,000.00 $ 2.75 $ 30.25 $ 363.00 100,000.00 5,000.00 $ 2.75 $ 57.75 $ 693.00 Proposed 2019 Proposed 2019 Proposed 2019 Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 20,000.00 5,000.00 $ 4.00 $ 20.00 $ 240.00 50,000.00 5,000.00 $ 4.00 $ 44.00 $ 528.00 100,000.00 5,000.00 $ 4.00 $ 84.00 $ 1,008.00 Proposed 2019 Commercial Area (sf) Total Increase 20,000.00 $ 75.00 50,000.00 $ 165.00 100,000.00 $ 315.00 Large Site Example Current Current Current Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 10,000,000.00 5,000.00 $ 2.75 $ 5,502.75 $ 66,033.00 Proposed 2019 Proposed 2019 Proposed 2019 Commercial Area (sf) ERU Commercial Rate Monthly Rate Yearly Rate 10,000,000.00 5,000.00 $ 4.00 $ 8,002.75 $ 96,033.00 Proposed Increase $ 30,000.00 Page 9 of 9 ORDINANCE NO. 4981 AN ORDINANCE FIXING STORM WATER USER FEES PURSUANT TO SECTION 8-4-7 OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: 1. Except as noted herein or in Chapter 4, Title 8 of the Code of Ordinances, each customer whose property lies within the corporate limits of the city shall pay to the city, through its collection agent, at the same time payment of city water, sewer and garbage services is made, the following user fees, regardless of the amount of water consumption by such customer: A. Undeveloped Property: Zero dollars ($0.00) per month. B. Residential: $4.00 per month per dwelling unit. C. Commercial/Industrial: $4.00 base, plus $4.00 per ERU per month. 2. The fees stated above will become effective with bills issued after April 1, 2019. 3. January 1St increase by 25 cents for each year after until 2023. INTRODUCED: PASSED 1ST CONSIDERATION: PASSED 2ND CONSIDERATION: PASSED 3RD CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the day of , 20 , and approved by the Mayor on the day of , 20 . ATTEST: Quentin Hart, Mayor Ordinance No. 4981 Page 2 CERTIFICATE I, Kelley Felchle, City Clerk, of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4981, as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 20 . 20 . Witness my hand and seal of office this day of , SEAL Kelley Felchle, City Clerk