04/06/2004 Minutes
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OFFICIAL PROCEEDINGS
CITY OF GRAND ISLAND, NEBRASKA
MINUTES OF CITY COUNCIL STUDY SESSION
April 6, 2004
Pursuant to due call and notice thereof, a Study Session of the City Council of the City of Grand
Island, Nebraska was conducted in the Council Chambers of City Hall, 100 East First Street, on
April 6, 2004. Notice of the meeting was given in the Grand Island Independent on March 31,
2004.
Mayor Jay Vavricek called the meeting to order at 7:00 p.m. The following members were
present: Councilmembers Meyer, Whitesides, Pielstick, Nickerson, Cornelius, Pauly, Hornady,
Walker, and Haase. Councilmember Gilbert was absent. The following City Officials were
present: City Administrator Gary Greer, City Clerk RaNae Edwards, Finance Director David
Springer, City Attorney Doug Walker and Public Works Director Steve Riehle.
RESERVE TIME TO SPEAK ON AGENDA ITEMS: Nineteen individuals reserved time to
speak on agenda items.
MAYOR COMMUNICATION: Mayor Vavricek introduced Jennifer Fuller newly hired Public
Information Officer.
Discussion Concerning Amending Chapter 16 of the Grand Island City Code Relative to
Fireworks. Fire Chief Jim Rowell stated that fireworks sales and discharge regulations had been
in effect for cities in Nebraska for many decades. It had always been a struggle to find a balance
between safety and celebration concerning this issue.
Originally, this issue was placed on the March 23rd Council Meeting for consideration. There
was a great deal of public input on the issue, which indicated a need for a more in depth review
on the subject.
The State Fire Marshall's office had provided guidelines for the regulation of fireworks, but the
City had the ability to adopt local regulations to ensure local control of the practice of celebrating
the 4th of July and other important events. The City of Grand Island had been looking at our
fireworks regulations in order to update our code to accomplish the following:
. Eliminate duplication and streamline the permitting process
. Increase and insure safety
. Allow for the appropriate celebration of special events
. Mirror newer regulations implemented by the State
An ordinance had been drafted with the review and input of the Fire, Police, Building, Legal and
Administration Departments. This ordinance would change the City Code with the
aforementioned goals in mind. Many of the changes were descriptive or minor housekeeping
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Page 2, City Council Study Session, April 6, 2004
adjustments. However, there were substantive changes that were policy concerns that would
change the direction of the law. Following is a brief description of the substantive changes
proposed:
. Days of sale shortened from
June 24th - July 4th to July 1 st -July 4th
. Hours changed for Discharging & Sale from 8 AM to 11 PM to:
lOAM to 10 PM for sale of fireworks
lOAM to 11 PM July 1-3 for discharge of fireworks
lOAM to 12 Midnight July 4th for discharge of fireworks
. Ban all direct public access to fireworks in fireworks stands
. Ban all unattached signs concerning fire stands
. Change process for permitting fire stands to make Fire Department One Stop location
. Delineate fireworks can not be discharged within 300 feet of a fire works stand
. Allow for approval process of special events discharge of fireworks during the year
. Establish throwing fireworks as a class III misdemeanor
· The size of fireworks stands allowed changed from 300 to 320 square feet. This would
accommodate the use of8' X 40'spaces such as semi trailers.
It was noted that City Administration had contacted organizations that received fireworks
permits to assure they knew about the Study Session on this issue.
Councilmember Hornady made a speech on the meaning of the 4th of July and why we celebrate
it. Ms. Hornady supported not changing the time of sales and discharge. This was followed by a
standing ovation. Councilmember Walker questioned the reason for shortening the time frame.
Chief Rowell stated that it was a safety issue. It would impact the Police and Fire Departments in
response calls. Mr. Walker stated the biggest complaints he had received was those people
working and wanted to see shortening the hours for discharging.
Councilmember Meyer stated he would like to see just seven days available to sell fireworks and
supported the ban on selling out of semi-trailers. Councilmember Cornelius questioned the
selling of over-the-counter with regards to semi-trailers. Chief Rowell stated that the trailers
could store their fireworks in the trailers but this Ordinance would restrict patrons from going
into the trailers. Ms. Cornelius supported the full eight days but would encourage shorter time to
discharge.
Councilmember Pielstick commented on the importance of patriotism and encouraged parents to
teach their children the importance of safety. Councilmember Haase questioned throwing
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Page 3, City Council Study Session, April 6, 2004
fireworks in the street. Chief Rowell stated that it was illegal to use public right-of-way, such as
streets for discharging fireworks. City Attorney Doug Walker commented that using city streets
had not been a problem. City Administrator Gary Greer stated that in the Ordinance, discharging
fireworks on the right-of-way was prohibited because of the liability to the city.
Counci1member Whitesides questioned who was involved in creating this ordinance. Chief
Rowell stated the Fire, Police, Building, Legal and City Clerk's office were involved. Mr.
Whitesides complemented these individuals for their hard work. He stated that no matter what
restrictions we put on fireworks, there would be those that would not follow it.
Police Chief Hetrick commented on statistics with regards to the date of sales and calls relating
to fireworks. Counci1member Nickerson stated he hoped we would not wait for an accident
before we do something. He stated we need to be proactive on this issue. Mentioned was a
balance between celebration, pubic safety, and quality of life.
Mayor Vavricek commented on the time for discharging fireworks and that it's barely dark by
10:00 p.m.. Mentioned was the survey done by City Clerk and City Administrator with regards to
the cost of the permits.
The following individuals spoke with regards to the firework changes proposed:
Paul Leech, 924 East Nebraska Avenue - opposed
Ken Enck, 619 North Sherman Avenue - opposed
Rich Ludvick, 1752 County Road E, Wahoo, Nebraska - opposed
Justin Geis, 2203 North Lafayette - opposed
Joe DeLeon, 404 West 1ih Street - opposed
Casey 01diron, 626 South Colorado, Hastings, Nebraska - commented on fire safety
Dianne Orr, 1623 West Koenig - opposed
Teri Urbanski, 1824 Grand Island Ave - opposed - suggested 12:00 midnight on July 3rd
Virginia Juett, 422 East 9th Street - opposed
Rhonda Barker, 608 West 15th Street - opposed
Margie Kolar, 1739 South Ingalls Street - opposed
Glendale Reiss, 910 North Boggs Street - opposed
Lynn Mayhew, 2221 West Anna Street - opposed
Mike Miller, 15101 Munridge Road, Lincoln, Nebraska - opposed
Donna Wratten, 605 East Bismark Road - opposed
Marv Kolar, 1739 South Ingalls Street - opposed - suggested educating the public
Kelly Baier, 216 Beachwood Drive - opposed
Jerry Pankoke, 818 West Anna Street - opposed
Laura Dexter, 4076 Zola Lane - opposed
Several Counci1member's stated that this issue needed to be looked at further and not be placed
on the next regular meeting.
Craig Lewis, Building Department Director commented on the process of issuing firework
permits and inspecting those stands. City Clerk RaNae Edwards commented on pending permits,
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Page 4, City Council Study Session, April 6, 2004
fees, and applications. Gary Greer, City Administrator stated that this issue would be studied
further by city staff and be brought back with those housekeeping issues that were discussed and
agreed upon within the next 30 days.
ADJOURNMENT: The meeting was adjourned at 9:50 p.m.
Respectfully submitted,
RJ\~ ~
RaNae Edwards
City Clerk