Council denies permit for fireworks in Hy-Vee parking lot

By Thomas Nelson, tnelson@charlescitypress.com

The Charles City council denied a special use permit and had a tie vote at their Tuesday night session.

The special use permit was requested for the sale of fireworks in the Hy-Vee parking lot.

In order for TNT Fireworks to sell fireworks in the Hy-Vee parking lot, the company needs a special use permit from the Charles City Board of Adjustment. Since the city owns the lot, it would have to apply for the permit, said Charles City Attorney Brad Sloter.

The City Council decided not submit the application to the Board of Adjustment.

Jonathan Reece from TNT Fireworks was present at the meeting to address concerns of the council.

Bob Ingram with Sisson and Associates spoke with the council regarding the insurance coverage of TNT Fireworks.

“Fireworks are not a popular thing with insurance companies,” Ingram said.

Ingram wanted to see a waiver of subjugation and know if the TNT Fireworks had commercial automobiles near the tent.

“It is not uncommon to see waivers of subjugation,” Ingram said. “You see it in the contracts for major city projects.”

TNT Fireworks would set up the tent where the fireworks would be sold, but a local non-profit group would sell the items.

Reece said TNT Fireworks would have worked with Faith Bible Chapel to staff the tent. TNT Fireworks would have trained the tent workers.

“The Fire Department may not be necessarily supportive of that, the relationship of having trained volunteers as opposed to TNT staffers on site,” said council member Michael Hammond, but he also commented that TNT Fireworks wouldn’t be in business long if they had limited training their staff properly.

Hy-Vee would be included in an agreement with the fireworks company, Sloter said.

“This is a unique situation for us,” Reece said, “because typically the city doesn’t own the land.”

“We’re only involved right now because we own the property,” Sloter said.

Hammond noted that by having the tent on city property, the city would have some control over the sale of fireworks.

“We have a lot more say over the parameters there,” Hammond said. “We would rather have it here and control how where it’s at and have some say over it.”

Other council members didn’t agree with Hammond’s view over the city’s control.

“Once we OK this, we’re not in control,” said council member Jerry Joerger.

Hammond made a motion to apply for the special use permit and it was voted down by a vote of three to one.

Hammond was the sole yes vote for the permit. Council member Keith Starr wasn’t present at the meeting.

“I have a problem with the city getting involved with private enterprise,” Joerger said. “I’m concerned about the downtown location.”

Reece said he isn’t sure whether or not TNT Fireworks will look at a different location in Charles City.

Audit change

The council tied in a vote to change its financial auditor from Gardiner Thomsen Certified Public Accounts to TP Anderson.

The city requested proposals for new audit services and sent a letter to six firms.

TP Anderson expected that its cost to the city would be $14,000 for an audit in fiscal year 2018, $14,800 for 2019 and $15,550 in 2020 should the city continue with the firm’s services for three years.

Gardiner Thomsen, a local firm, would charge the city $19,500 yearly from 2018 to 2020 if the city chose its service.

Gardiner Thomsen did the last city audit for  fiscal year 2017 and decreased its cost from around $21,000 for the previous year’s service.

“If I did my math right there’s about a $14,000 difference (over three years) between the two contracts,” Freeseman said. “Pretty sizable savings to the city.”

Joerger agreed that there were savings toward the city, but also thought Gardiner Thomsen has always worked well with the city.

“There’s some newness when you bring in a new auditor,” Joerger said. “I personally would like us to stay with Gardiner even though it’s going to cost us a little bit more.”

The city wouldn’t be locked in with either company and could look for bids in the future if it went with either company, said Charles City Clerk Trudy O’Donnell.

“It’s a tricky situation, but with the times we’re in financial savings is a financial savings,” Hammond said.

Freeseman moved a motion to go with TP Anderson’s bid, and Hammond seconded the motion.

Hammond and DeLaine Freeseman voted for the change and Dan Mallaro and Joerger voted against it. The council will reconsider the motion next voting session when Starr will be present.

Charley Western Bridge 

The Charley Western Trail Bridge demolition project will cost $267,900 with Lodge Construction doing the work by Oct. 12 of this year.

The cost will be funded by road use tax, the general fund and a one-time loan.

The council also approved a supplemental agreement for the bridge with Calhoun Burns and Associates.

Miscellaneous 

• The city voted to allow an arboretum on city property at 1301 Clark St.

The arboretum will not cost the city anything and will have an edible landscape.

“I think it’s a great project,” Freeseman said.

• A public hearing for the FY19 budget is set for March 5. The budget needs to be submitted to the state by March 15. The budget is set to be $15 to $16 million for the fiscal year 2019.

• Another public hearing was set for an amendment to the city’s urban renewal plan for the southwest bypass TIF district and a development agreement with Zoetis.

The hearings will be held on March 19 and will concern a possible Zoetis expansion.

“The company has not made an official announcement at this point,” said Charles City Mayor Dean Andrews.

• The next city planning session with be held at 6 p.m. Monday, Feb. 26, in the council chambers.