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HomeMy WebLinkAbout2023-06-19 I05 Temp Use Permit_Bellino Fireworks AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 19, 2023 AGENDA ITEM: Consideration of approval of a temporary use permit for Bellino Fireworks, Inc. (1005 E. Hickman Road) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: Staff has received a temporary site plan request for a fireworks sales tent proposed to be located on the Hy-Vee property located at 1005 E. Hickman Road. The temporary site plan consists of a 2,400 square foot tent as well as a storage container for product. There is ample parking on the property to support the temporary use and the proposed temporary structures appear to meet all site setbacks. The Fire Department will be responsible for inspection of the tent for fire safety. The proposed temporary use permit is requested for June 16 – July 5, 2023. Hours of operation for the business will be from 8 AM to 10 PM. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: City staff have reviewed the temporary use permit application and are comfortable with the request. RECOMMENDATION: Staff would recommend approval of the proposed resolution. ATTACHMENTS: I. Proposed Resolution II. Location Map III. Temporary Use Permit Application PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: I5 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- APPROVING TEMPORARY USE PERMIT REQUEST AT 1005 E. HICKMAN ROAD [BELLINO FIREWORKS, INC.] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, Bellino Fireworks, Inc. has signed a lease with Hy-Vee on property located at 1005 E. Hickman Road; AND, WHEREAS, Bellino Fireworks, Inc. is requesting approval of a temporary use permit for the sale of fireworks from June 16, 2023 through July 5, 2023. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 19th day of June, 2022, that it hereby approves the temporary use permit for 1005 E. Hickman Road for June 16 – July 5, 2023. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair City of Waukee GIS 376.2 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Feet376.2 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 188.080 1:2,257 City of Waukee 6/15/23, 4:10 PM TEMP-23-7 https://waukeeia.viewpointcloud.io/#/explore/records/2330/react-form-details/2330 1/3 City of Waukee, IA 6/15/2023 TEMP-23-7 Temporary Use Permit Status: Active Submitted On: 5/23/2023 Primary Location 1005 E Hickman Rd Waukee, IA 50263 Owner HY-VEE, INC Hickman Road 1005 Waukee, IA 50263 Applicant Kaela Riepl 402-935-1916 kaela@bellinoenterprises.com 501 Olson Drive Suite 210 Papillion, NE 68046 Property Owner Information Owner Name* Hy-Vee Food Store Address * 5820 Weston Parkway City* West Des Moines State* Iowa ZIP Code* 50266 Phone #* 712-330-3068 Andrea Smook Email* asmook@hy-vee.com Vendor Information Vendor Name* Bellino Fireworks, Inc. Address * 501 Olson Drive Suite 210 6/15/23, 4:10 PM TEMP-23-7 https://waukeeia.viewpointcloud.io/#/explore/records/2330/react-form-details/2330 2/3 City* Papillion State* NE ZIP Code* 68046 Phone #* 402-931-1916 Email * kaela@bellinoenterprises.com Project Information Date of Use Start 06/16/2023 End Date 07/05/2023 Hours of Operation 8am to 10pm Description of Items Sold Consumer Fireworks Description of Stand Being Used 40x60 tent 6/15/23, 4:10 PM TEMP-23-7 https://waukeeia.viewpointcloud.io/#/explore/records/2330/react-form-details/2330 3/3 Temporary Use Requirements NOTE - READ CAREFULLY Applicant shall Comply with all requirements as specified within Chapter 165.18 of the Waukee Municipal Code. All Applicable health standards and Licensing as required by the State, County or Municipality should be met. Copies of all licenses should be provided as a part of the application. Parking required by the temporary use sales shall be provided on site or provided by adequate street parking available in the immediate area. All activities (signs, display, etc.) associated with the temporary use sales must be located outside of all public right of way and shall be located as to not obstruct vision clearance at intersections. I, the undersigned, declare that to the best of my knowledge all of the information given in this application is true and correct, and further agree that all work done under this permit will be done in compliance with all applicable City, State, and Federal codes, ordinances, rules and regulations* Staff Review Comment Expiration Date Stacked less than 6' High No Smoking No Smoking No Smoking No Smoking No Smoking Cross Aisle Cross Aisle Cross Aisle 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2' Table Non- Public Area Only Non- Public Area Only Ai s l e Ch e c k O u t A i s l e Exit Pathway Exit Pathway 8' x 2' Table 8' x 2' Table 8' x 2' Table Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High 8' x 2' Table 8' x 2' Table 8' x 2' Table Stacked less than 6' High Stacked less than 6' High 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h No D i s c h a r g e Wi t h i n 3 0 0 F e e t Exit Pathway Em p l o y e e A c c e s s O n l y Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High 8' x 2' Table 8' x 2' Table 8' x 2' Table 8' x 2 ' T a b l e , Ho l d i n g 2 C a s h R e g i s t e r s 8' x 2 ' T a b l e , Ho l d i n g 2 C a s h R e g i s t e r s 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2' Table TENT AREA: 2,400 Sq Ft RETAIL AREA: 2,400 Sq Ft DISPLAY AREA: 448 Sq Ft FLOOR AREA: 1,920 Sq Ft No Discharge Within 300 Feet **ALL FIREWORKS NOT DISPLAYED ON TABLES WILL BE STORED UNDERNEATH THE TABLES OR THEY WILL BE STORED IN THE ADJACENT STORAGE TRAILER** FIRE EXTINGUISHER 4-A:60-B:C 2A PRESSURED WATER EXTINGUISHER RETAIL FIREWORKS SALES LICENSE EMERGENCY EVACUATION PLAN TABLE SKIRTING (to restrict no public areas)FIRE BREAKS (every 8 linear feet or less) Te n t L e n g t h : 4 0 F t . 8' x 2' Table 8' x 2' Table 8' x 2' Table Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High 8' x 2' Table 8' x 2' Table 8' x 2' Table 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h EXIT ONLY No D i s c h a r g e Wi t h i n 3 0 0 F e e t Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High Tent Layout ***Each Graph Square Equals 1 Square Foot*** Tent Width: 60 Ft. No Discharge Within 300 Feet Fireworks ENTRANCE 8' x 2' Table EXIT ONLY 8' x 2' Table 8' x 2' Table 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h Stacked less than 6' High Stacked less than 6' High Stacked less than 6' High 8' x 2 ' T a b l e , St a c k l e s s t h a n 6 ' H i g h __ _ _ _ 25 ’__ _ _ ___20’__ __25 ’__ _ _ ____30’__ ______53’_____ __25 ’__ _ _ Tent 40x60 1005 Hickman Rd, Waukee, IA 50263 St o r a g e 5 3 ’ Dumpster P Pot Barrier Property Line Bellino Fireworks (1005 E Hickman Rd) 1005 E Hickman Rd, Waukee License Number: CFRS2023-0637 License Level: BOTH First- and Second-Class Consumer Fireworks Issue Date: 05/19/2023 Expiration Date: 04/01/2024 Structure Type: Temporary Tent 50% or more of retail floor space devoted to consumer fireworks License Tax Status: Retail Tax Status The information provided on this certificate is current as of 05/19/2023 Scan the QR code to retrieve or verify the current license status. CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Ryder Rosacker McCue &Huston (MGD by Hull &Company) 509 W Koenig St Grand Island NE 68801 Kristy Wolfe 308-382-2330 308-382-7109 Kwolfe@ryderinsurance.com SCOTTSDALE INS CO 41297 Kinsale Insurance Company 38920BellinoFireworksInc 501 Olson Dr. Papillion NE 68046 NATIONAL CAS CO 11991 581205270 A X 2,000,000 350,000 X 2,000,000 2,000,000 2,000,000 CPS4020717 11/4/2022 11/4/2023 X 5,000 C 1,000,000 X X X ZBF0000126 11/4/2022 11/4/2023 B X 5,000,000 5,000,000 0100075806-4 11/4/2022 11/4/2023 X A Excess Liability 5/18/2023 CXS0023169 11/4/2022 11/4/2023 Each Occurance General Aggregate 3,000,000 3,000,000 Regarding the General Liability coverage,Waiver of Subrogation applies to the entities listed below per attached form CG 24 04 when required by written agreement. Regarding the General Liability coverage,Blanket Additional Insured applies to the entities listed below per attached form GLS-150s when required by written agreement. 1005 E Hickman Rd.,Waukee,IA Hy-Vee Stores City of Waukee 230 W Hickman Road Waukee IA 50263 ENDORSEMENT NO. ATTACHED TO AND FORMING A PART OF POLICY NUMBER ENDORSEMENT EFFECTIVE DATE (12:01 A.M. STANDARD TIME) NAMED INSURED AGENT NO. Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to this endorsement, SECTION II—WHO IS AN INSURED is amended to include as an additional in- sured any person or organization whom you are required to add as an additional insured on this policy under a written contract, written agreement or written permit which must be: a. Currently in effect or becoming effective during the term of the policy; and b. Executed prior to the “bodily injury,” “property damage,” or “personal and advertising injury.” The insurance provided to these additional insureds is lim- ited as follows: 1. That person or organization is an additional insured only with respect to liability for “bodily injury,” “property damage” or “personal and advertising injury” caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf. A person’s or organization’s status as an addi- tional insured under this endorsement ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following exclusions are added to item 2. Exclusions of SECTION I— COVERAGES: This insurance does not apply to “bodily injury,” “property damage” or “personal and advertising injury” occurring after: a. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or b. That portion of “your work” out of which the in- jury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. 3. The limits of insurance applicable to the additional insured are those specified in the written contract, written agreement or written permit or in the Decla- rations for this policy, whichever is less. These lim- its of insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declara- tions for this policy. 4. Coverage is not provided for “bodily injury,” “property damage,” or “personal and advertising injury” arising out of the sole negligence of the additional insured. 5. The insurance provided to the additional insured does not apply to “bodily injury,” “property damage,” or “personal and advertising injury” arising out of an architect’s, engineer’s or surveyor’s rendering of or failure to render any professional services including: Includes copyrighted material of ISO Properties, Inc., with its permission. Copyright, ISO Properties, Inc., 2004 GLS-150s (7-06) Page 2 of 2 a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, re- ports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engi- neering activities. 6. Any coverage provided hereunder will be excess over any other valid and collectible insurance avail- able to the additional insured whether primary, ex- cess, contingent or on any other basis unless a written contract specifically requires that this insur- ance be primary. When this insurance is excess, we will have no duty under SECTION I—COVERAGES to defend the additional insured against any “suit” if any other insurer has a duty to defend the additional insured against that “suit.” If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured’s rights against all those other insurers. AUTHORIZED REPRESENTATIVE DATE