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2024-04-01 I04 Boom Daddy Fireworks_Temporary Use Permit
AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 1, 2024 AGENDA ITEM: Consideration of approval of a temporary use permit for Boom Daddy Fireworks (190 SE Laurel Street) FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: Staff has received a temporary site plan request for a fireworks sales tent proposed to be located at Warrior Plaza located at 190 SE Laurel Street. The temporary site plan consists of a 1,500 square foot tent as well as a storage container for product storage. 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 22 – July 7, 2024. Hours of operation for the business will be from 9 AM to 10 PM for most days and 9 AM to 11 PM on July 4th. 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: I4 THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVING TEMPORARY USE PERMIT REQUEST AT 190 SE LAUREL STREET [BOOM DADDY FIREWORKS] 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, Boom Daddy Fireworks has signed a lease with JMM Investments, LLC, on property located at 190 SE Laurel Street; AND, WHEREAS, Boom Daddy Fireworks is requesting approval of a temporary use permit for the sale of fireworks from June 22, 2023 through July 7, 2023. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 1st day of April, 2024, that it hereby approves the temporary use permit for 190 SE Laurel Street for June 22 – July 7, 2024. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce 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 Boom Daddy Fireworks (190 SE Laurel St) 190 SE Laurel St, Waukee License Number: CFRS2024-0071 License Level: BOTH First- and Second-Class Consumer Fireworks Issue Date: 03/16/2024 Expiration Date: 04/01/2025 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 03/16/2024 Scan the QR code to retrieve or verify the current license status. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 3/5/2024 AssuredPartners of Missouri,LLC 455 N 20th St Suite #101 Ozark MO 65721 Bethany Eaton 417-408-8034 servicenn@assuredpartners.com ARCH Insurance Company 11150 HALEFIR-01 Underwriters at Lloyd's 32727HaleFireworksLLC Southern Imports,Rainbow Fireworks PO Box 1040 Buffalo MO 65622 National Liability &Fire Insurance Company 20052 Lexington Insurance Company 19437 2078234632 D X 1,000,000 X 100,000 1,000,000 2,000,000 X 011170965 1/30/2024 1/30/2025 2,000,000 C 1,000,000 X X X 73APB007974 1/30/2024 1/30/2025 Medical Payments 5,000 A X 1,000,000 X UXP1034874-04 1/30/2024 1/30/2025 1,000,000 X 0 B Ocean Marine Cargo EM0035123 4/7/2023 4/7/2024 Vessel Aircraft Mail 1,250,000 Certificate holder is included as an additional insured on the general liability policy as required by written contract. In respect to the fireworks location at 190 SE Laurel St.,Waukee,IA 50263 Additional Insured:Warrior Place,LLC -Owner Rob Ells Dates of Operation:June 22 thru July 8 DAF Enterprises LLC,DBA Boom Daddy Fireworks 9124 W 127th Ter Overland Park KS 66213 2/2/24