Hurdles to jump first

The City of Denison has put forth a proposal to operate a fireworks stand under a contract with a wholesaler, with the city’s share of proceeds to benefit city projects.

But first, the proposal must overcome some hurdles, according to a 3-2 vote made by the city council at its meeting Tuesday night.

The plan must be approved by the city’s attorney and insurance carrier, and the city council must pass an ordinance that would allow the use of consumer fireworks within the city limits according to strict requirements – no use on city right of way or city property and use no closer than 50 feet to a residence.

Also, no city employee could staff the fireworks stand and be paid. Their time must be volunteer time.

The use of consumer fireworks in Iowa became legal in 2017, and the City of Denison allowed the use within city limits from 1 to 10 p.m. on July 3 and 1 to 11 p.m. on July 4. Fireworks use on New Year’s Eve and New Year’s Day had also been allowed.

Then, in August 2019, the city council voted to ban all use of consumer fireworks within the city limits because of the number of complaints of the illegal use of fireworks, along with the number of fireworks use complaints in general. 

How the city council proposed again allowing the use of consumer fireworks in its motion on Tuesday was a result of a twist during the discussion.

City Manager Jessica Garcia said a fireworks operator, Wild Willy’s Fireworks, LLC, of Springfield, Nebraska, had contacted the city about setting up a stand in Denison. She said that request had been sent to a few different entities as a fundraising option; however, those did not pan out.

Garcia said the fireworks operator made a request to sign a contract with the City of Denison for the city to operate the stand. The city’s operation would raise money for city projects.

“I’ve had a conversation with the department heads. I believe we can make it work,” she said.

Under the proposal, the stand would be set up on June 20 and torn down on July 4.

Councilman Dustin Logan said, “My biggest concern is that we're going to be selling something that we also ban in town at the same time.”

He thought it would send the wrong message.

“So if we do pass it, I think that we at the same time need to allow fireworks in town,” he added.

Logan continued that it did not seem right for the city to run a stand to sell something that can’t be used within the city limits, and if fireworks were to be illegally used, the city would be issuing a citation for violation of the fireworks ordinance.

Councilman Corey Curnyn said he was a big advocate of allowing the use of consumer fireworks in Denison when they became legal in 2017, but it was abused. He said he was getting calls at all hours of the night about fireworks being misused. Reports were received of fireworks hitting people’s houses and fireworks being discharged in the city parks.

Curnyn, like other council members, pointed out that there are few locations in the city limits where fireworks could be legally discharged because of the requirement that they be used no closer than 50 feet from a house.

He said he supported the ban of fireworks based on the reports of misuse and the calls he received from constituents in his ward.

Police Chief Tony Trejo said that his department is busy with calls on July 3 and 4, whether it’s legal or illegal use of fireworks. 

He was asked if his department would receive fewer calls if the use of consumer fireworks would be allowed.

 “No, you’ll get just as many calls because someone complaining about the noise and dogs and kids and all that sort of stuff,” he responded.

Logan was asked how he would feel about a fireworks vendor wanting to put up a brick-and-mortar store or stand.

“It’s a private entity; they’re allowed to,” he responded. “But they’re also not the ones enforcing the laws and ticketing people. We are. So we’re selling a product that we’re also going to ticket them for later if they use it improperly. I just think it sends the wrong message.”

Councilwoman Jennifer Zupp-Smith spoke about the shifts at the fireworks stand being covered by volunteers.

“There’s probably enough volunteers in this community that care about whatever the projects are to staff it, but I think if we are going to run it, we should probably legalize it (the use of consumer fireworks),” she said.

Garcia said the vendor hoped to know what the council’s consensus on the proposal was by Wednesday.

She said the vendor had been in town a number of years ago and located in the Bomgaars parking lot and didn’t have a good turnout. She added the vendor approached the city eight months ago about looking at a brick-and-mortar store and wanted to know what the city had for open storefront options. The vendor toured the community.

“As part of them coming to set up a brick-and-mortar store, they wanted to be able to do a market saturation test, which is what the fireworks stand tent would be,” Garcia added.

If approved, the fireworks stand would be set up on the corner of Highway 30 and Highway 59/141. The specific address is 311 South 7th Street. Garcia said it is property owned by Dan Gesy.

Garcia said she told the department heads that if their project isn’t one that is allocated money from the fireworks fundraiser this year, it doesn’t mean they don’t support it and work together as a whole because it will benefit projects within the City of Denison which benefits the taxpayers, who write the checks to pay wages for city employees.

“It doesn’t mean we don’t do it other years if it goes well, and then other projects could pop up in other departments,” she added.

“By doing a fundraiser like this, it frees up money that can potentially be allocated towards projects at those other entities,” said Garcia. “Like if we spend a portion of the money on bathroom remodels, that’s less money we’re allocating from the budget for bathroom remodels at the parks. And then that money can go toward a different project in a different department.”

For operating the fireworks stand, the city would receive a commission equaling 20% of the gross sales minus sales taxes. If the gross sales, less the sales taxes, exceeds $150,001, the city would receive 22.5% of all gross sales, less sales taxes.

City Clerk Jodie Flaherty also pointed out that the city would receive a portion of the local option sales taxes.

“It could potentially be a wonderful donation toward a project,” Flaherty said. “If it goes well, they want to consider putting in a permanent structure.”

“But they’re saying they won’t do it if we don’t go along with this?” asked Curnyn, referring to an earlier comment that had been made.

“He never gave us that ultimatum,” Flaherty said.

Curnyn questioned the ability to cover all shifts at the fireworks stand.

Zupp-Smith said, “As citizens we all have an obligation to step up whether we use the thing or not.”

She later asked Garcia, “Do you think you have the people to do it? That’s my main concern.”

‘I think that I’m creative enough to find ways to cover it, but it depends on what direction council gives and what they want to consider coverage,” Garcia responded.

It was pointed out that the overnight shifts will be taken by Fire Chief Cory Snowgren and his son, who is above the age of 16 that allows him to work at the stand.

As for allowing the use of fireworks in the city, Flaherty pointed out the council could do this whether the city sells fireworks or not, if the council believes that is something that should be changed.

It was Zupp-Smith that made the motion that passed. It included the contingencies that no city employees will be paid to work the fireworks stand, that the contract pass insurance and legal review and that consumer fireworks would be made legal, by ordinance, on July 3 and 4.

The changing of the fireworks ordinance would require a public hearing.

“I feel like we have to try things sometimes,” Zupp-Smith said. “I have a lot of faith in Jess’s (Garcia’s) ability to organize troops. I know a lot of us in this room will volunteer, a lot of our family members will volunteer, a lot of spouses will volunteer. There’s a lot of people in the community that care about projects that would benefit from this.”

Logan seconded the motion after clarifying that if none of the contingencies are met, the city would not have a contract with the fireworks vendor.

Zupp-Smith and Logan voted yes on the motion, as did Councilman John Granzen, after pausing. The votes against the motion came from Curnyn and Councilman Greg Miller, who was attending the meeting telephonically.

After the vote was taken, Logan asked, “How did we flip? Everybody flipped. That’s what good discussion does.”

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