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HomeMy WebLinkAbout2026-06-15 I01F_01 Temp Use Permit_1100 E Hickman Rd AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 15, 2026 AGENDA ITEM: Consideration of approval of a temporary use permit for Bellino Fireworks, Inc. (1100 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 U-Haul property located at 1100 E. Hickman Road. The temporary site plan consists of a 2,400 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 24 – July 5, 2026. Hours of operation for the business will be from 8 AM to 11 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: I1F1 THE CITY OF WAUKEE, IOWA RESOLUTION 2026- APPROVING TEMPORARY USE PERMIT REQUEST AT 1100 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 U-Haul on property located at 1100 E. Hickman Road; AND, WHEREAS, Bellino Fireworks, Inc. is requesting approval of a temporary use permit for the sale of fireworks from June 24, 2026 through July 5, 2026. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 15th day of June, 2026, that it hereby approves the temporary use permit for 1100 E. Hickman Road for June 24, 2026 – July 5, 2026. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Kala Anderson Chris Crone Rob Grove Lori Lyon Anna Bergman Pierce 6 6EHickmanRd E Hickman Rd NE Alices Rd NE Alices Rd SE Alices Rd SE Alices Rd SE Alices Rd SE Alices Rd 6 Bellino Fireworks Temp Use City of Waukee Parcels 6/12/2025 0 0.04 0.070.02 mi 0 0.06 0.120.03 km 1:2,251 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 Bellino Fireworks (1100 E Hickman Rd) 1100 E Hickman Rd, Waukee License Number: CFRS2026-0335 License Level: BOTH First- and Second-Class Consumer Fireworks Issue Date: 05/06/2026 Expiration Date: 04/01/2027 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 05/06/2026 Scan the QR code to retrieve or verify the current license status. 1 | P a g e Temporary Use Event License Agreement This TEMPORARY USE EVENT LICENSE AGREEMENT (“Agreement”) is made as of ___________________ by and between Amerco Real Estate Company (the “Licensor”) and Bellino Fireworks, Inc. (the “Licensee”). W I T N E S E T H: WHEREAS, Licensor is the owner of 1100 E Hickman Rd, Waukee, IA 50263 (the “Property”); and WHEREAS, Licensor and Licensee have agreed that Licensee shall have a license to use those portions of the Property known as the field south of the parking lot (the “Licensed Area”), as depicted on the attached Exhibit “A” of this Agreement, subject to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual terms and covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, Licensor and Licensee agree as follows: 1. License. Subject to the terms and conditions set forth below, Licensor hereby grants Licensee, and Licensee hereby accepts from Licensor, a temporary license for the use of the temporary placement of a storage container, dumpster, and portable bathroom, and operation of a fireworks sales tent, including the retail sale of consumer fireworks, the display of permitted fireworks products, and activities reasonably incid ental thereto all in compliance with applicable federal, state, and local laws, regulations, permits, and fire safety requirements, within the Licensed Area of the Property, and for no other use whatsoever. The Licensed Area is provided to Licensee without any alteration or warranty, “AS IS”, “WHERE IS”. Licensee shall make no alteration to the Licensed Area without the prior written consent of Licensor, which consent may be withheld for any reason in Licensor’s sole and absolute discretion. 2. License Fee. Commencing on June 15, 2026, Licensee agrees to pay Licensor for the license granted herein the sum of Ten Thousand Dollars and 00/100 ($10,000.00) for use of the Licensed Area (the “License Fee”). Payment must be submitted no later than three (3) business days prior to the date on which the license commences, i.e. by June 10, 2026. Any returned checks shall be subject to a $150.00 non-sufficient funds charge. Licensee’s right to enter upon, access, or use the Property and the Licensed Area is expressly conditioned upon timely paymen t of the License Fee due under this Agreement. If any such payment is not received when due, Licensee’s right of access shall automatically and immediately terminate, without notice, and Licensee shall have no right to enter, set up, operate, or maintain any tent, equipment, improvements, or inventory on the Property until all amounts due have been paid in full. Any entry or use during such period shall constitute unauthorized use. 3. Time Period. Licensee shall be permitted to use the Licensed Area from the period of June 15, 2026 – July 10, 2026. Licensor: Amerco Real Estate Company Licensee: Bellino Fireworks, Inc. Address: 2727 N. Central Ave., suite 500 Address: 501 Olson Drive Suite 210 Phoenix, AZ 85004 Papillion, NE Ph. (602) 263-6555 Ph. (402) 935-1916 Email: AREC_leaseadmin@uhaul.com Email: fede@bellinofireworks.com 4. Security Deposit. Intentionally Deleted. 5. Vacating the Licensed Area. Licensee shall be responsible for restoring the Licensed Area to the same condition in which it was originally provided by Licensor, ordinary wear and tear excepted, and with all of Licensee’s personal removed. Licensee agrees that all personal property remaining within the Licensed Area after Licensor takes possession of the Licensed Area is conclusively deemed to be abandoned by Licensee and the property of Licensor. Licensee waives its rights, if any, under any statutes or other legal doctrines requiring Licensor to remove, store, return or auction such property, and Licensor may dispose of such property as it sees fit, free of any claims of Licensee or other claiming through Licensee. Licensee shall pay for all required repairs to areas damaged as a result of Licensee’s use of the Licensed Area. 6. Indemnity by Licensee. Licensor assumes no liability or responsibility whatsoever with respect to Licensee’s use of the Licensed Area, nor shall Licensor be liable for any accident, loss, damage, injury, fine, fee, cost, expense, (including attorney fees), or claim therefor, to any persons or property in or about the Licensed Area except those caused directly by the gross negligence or willful misconduct of Licensor or its agents of which Licensor had actual notice and Docusign Envelope ID: 9A8FFCBF-B9B6-4A5F-A867-D4266EFA74DF 4/20/2026 2 | P a g e an opportunity to correct. Licensee assumes full liability for all such accidents, losses, damages, liabilities, suits, judgments, demands, causes of action, injuries, fines, fees, costs, expenses (including attorney fees), and/or claims therefor, and shall protect, defend and uphol d Licensor and Licensor’s officers, directors, partners, trustees, shareholders, agents, affiliates, successors, assigns, contractors, agents and employees, aris ing from: (a) the use of the Licensed Area and/or the Property by Licensee, Licensee’s minor children and/or guests; (b) from any activity done, permitted or suffered by Licensee, Licensee’s minor children and/or guests in or about the Licensed Area and/or the Property; (c) any act, neglect, fault, willful misco nduct or omission of Licensee, Licensee’s minor children and/or guests; (d) any breach or default in the terms of this License by Licensee; and/or (e) any action or proceeding brought on account of any matter described in Section 6(a) through (d). If any action or proceeding is brought against Licensor by reason of any such claim, then upon notice from Licensor, Licensee shall defend the same at Licensee’s expense by counsel reasonably satisfactory to Licensor. As a material part of the consideration to Licensor, Licensee hereby releases Licensor and Licensor’s employees and agents from responsibility for, waives the entire claim of recovery of Licensee and all of Licensee’s minor children, for and on behalf of Licensee and all of Licensee’s minor children, assumes all risk of damage to property or injury to persons in or about the Licensed Area and/or the Property from any cause whatsoever (except that which is caused by the gross negligence or willful misconduct of Licensor or Licensor’s employees or agents of which Licensor has actual notice and an opportunity to correct, or by the failure of Licensor to observe any of the terms and conditions of this License, if such failure has persisted for an unreasonable period of time after written notice of such failure). The obligations of Licensee under this Section 6 shall survive the expiration or termination of this License. 7. Insurance: Licensee shall provide proof of insurance to Licensor, naming Licensor as additionally insured, at reasonable levels as approved by Licensor. 8. Termination. The license given hereby shall terminate without further notice at the expiration time set forth above. Any holding over by Licensee after said time shall not constitute a renewal or extension of the License or give Licensee any rights in or to the Licensed Area except as expressly provided in this License. Any holding over without Licensor’s written consent shall constitute only a license at sufferance, terminable by Licensor immediately on delivery of verbal notice, and during such un-consented holdover, Licensee shall be obligated to pay Landlord damages equal to 250% of the License Fee. 9. Entry. In addition to any other rights of entry granted hereby, Licensor shall have the right to enter the Licensed Area by any means necessary in the event of an emergency involving danger to person or property. Licensor shall not be liable for any interruption of or interference with Licensee’s use of the Licensed Area caused by such activities. 10. Default. If Licensee should fail to perform obligation hereunder, or should Licensee or any of Licensee’s guests interfere with the safe and usual operation of the Property and/or engage in any action that poses a risk of personal injury, death and/or property damage, Licensor may, at Licensor’s sole discretion and upon prior verbal notice to Licensee, immediately terminate all of Licensee’s rights granted herein. 11. Binding Effect. All provisions herein shall be binding upon and shall inure to the benefit of the parties, and to their respective legal repr esentatives, heirs, executors, administrators, successors and assigns. If there shall be more than one Licensee, they shall all be bound, jointly and severally. The provisions of this Agreement shall be severable, and shall be construed pursuant to the laws of the State of Iowa, exclusive of its principles of conflicts of law. Time is of the essence. 12. Limitation of Liability. Any obligation or liability whatsoever of Lessor which may arise at any time under the Lease, or any obligation or liabilit y which may be incurred by it pursuant to any other instrument, transaction, or undertaking contemplated hereby shall not be person ally binding upon, nor shall resort for the enforcement thereof be had to the property of, its trustees, directors, shareholders, officers, employees or agents, rega rdless of whether such obligation or liability is in the nature of contract, tort or otherwise. 13. Entire Agreement. This Agreement, and any exhibits and/or addendum attached hereto, set forth the entire agreement between the parties hereto. Any prior conversation or writing are merged herein and extinguished. No subsequent amendment to this Agreement shall be binding upon Licensor or Licensee unless reduced to writing and signed by both parties hereto. This Agreement shall have no binding effect on either party unless and until executed by both Licensor and Licensee. This License may be executed in one or more counterparts, each signature page of which shall be deemed to be an original copy, all of which together, when attached to the body hereof, will constitute one agreement, binding upon both parties, notwithstanding that both parties shall not have signed the same counterparts. Licensee’s obligations under Sections 2, 5, 6, 8, 11 and 12 above shall survive the expiration or earlier termination of this Agreement. In the event of any dispute hereunder, Licensee shall pay Licensor’s reasonable attorneys’ fees and costs. [Signatures to follow on next page] Docusign Envelope ID: 9A8FFCBF-B9B6-4A5F-A867-D4266EFA74DF 3 | P a g e IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to be executed and delivered; being first duly authorized so to do, on the date first above written. LICENSOR: LICENSEE: Amerco Real Estate Company Bellino Fireworks, Inc. By: _____________________________________ By: _________________________________ Name: Matthew F. Braccia Name: Federico Castagnini Title: President Title: Market Expansion Coordinator Date: ____________________________ Date: ________________________________ Docusign Envelope ID: 9A8FFCBF-B9B6-4A5F-A867-D4266EFA74DF 4/20/20264/20/2026 4 | P a g e EXHIBIT “A” DEPICTION OF LICENSED AREA Docusign Envelope ID: 9A8FFCBF-B9B6-4A5F-A867-D4266EFA74DF _____57’_______ 1100 E Hickman Rd, Waukee, IA 50263 ________67’_______ __ _ 25 ’__ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 30 0 ’__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Tent 40x60 St o r a g e 5 3 ’ Dumpster P Pot Propane tank Inflatable 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 5/6/2026 Ryder-Rosacker-McCue &Huston 509 W Koenig St Grand Island NE 68801 8006584200 owillis@ryderinsurance.com ACCELERATION NATL INS CO 35742 HADRON SPECIALTY INS CO 17534BellinoFireworksInc SEE DESCRIPTION BOX FOR FULL NAMED INSURED 501 Olson Dr Papillion NE 68046 Kinsale Insurance Company 38920 2108717546 B X 1,000,000 X 100,000 5,000 1,000,000 2,000,000 X Y Y H0320PK000057-00 11/4/2025 11/4/2026 2,000,000 A 1,000,000 X X X N0114AU000026-00 11/4/2025 11/4/2026 B X 4,000,000 X H0320XS000017-00 11/4/2025 11/4/2026 4,000,000 C Excess Liability 0100075806-7 11/4/2025 11/4/2026 Each Occurrence Aggregate 5,000,000 5,000,000 Bellino Fireworks Inc;Bellino Enterprises Ltd;Bellino Properties Inc;Plaza 370 Partners LLC;1150 Applewood LLC;Bellino Cedardale Properties LLC;Bellino Land Development LLC;North Platte Warehouse LLC;108th &Giles LLC;Bellino Fireworks Kansas Inc;Hutchinson Warehouse LLC Regarding the General Liability coverage,Waiver of Subrogation applies to the entities listed below per form CG 24 04 when required by written agreement. Regarding the General Liability coverage,Blanket Additional Insured applies to the entities listed below per form SCGL 320 when required by written agreement. Certificate Holder is added as Additional Insured Where Required by Written Contract. See Attached... City of Waukee 230 W Hickman Road Waukee IA 50263 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: 1 1 Ryder-Rosacker-McCue &Huston Bellino Fireworks Inc SEE DESCRIPTION BOX FOR FULL NAMED INSURED 501 Olson Dr Papillion NE 68046 25 CERTIFICATE OF LIABILITY INSURANCE 1100 E Hickman Rd.,Waukee,IA Amerco Real Estate Company