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3.5. SR 06-15-2009REQUEST FOR ACTION ver To Item Number City Council ~ . S . A. Agenda Section Consent Meeting Date June 15, 2009 Prepared by Jessica Miller, Executive Secreta /De u Ci Clerk Item Description TNT Fireworks, for Fireworks Christopher Ulmer uest b Re Reviewed by Tina Allard, Ci Clerk , y q Sales from Tent in Wal-Mart Parking Lot Reviewed by Lori ohnson, Ci Administrator Action Requested A Council motion to approve a Temporary Sales and Storage Fireworks License to Christopher Ulmer, TNT Fireworks, to sell fireworks from June 22, 2009 through July 5, 2009 from a tent in the Wal-Mart parking lot. Background/Discussion The applicant has submitted all the necessary application materials required for this license. A background check was completed by the police department and the fire chief has reviewed the site plan. The applicant also needs a general planning permit from the planning department in order to conduct his sales from a tent in the Wal-Mart parking lot. Financial Impact N/A Attachments None Action Motion by Second by Vote Follow Up S:\AdministraROn\Council RCA\Licensing\Fireworks\2009\TNTWalmart.doc City of Elk. River REQUEST FOR ACTION To Item Number City Council 3.5 . B . Agenda Section Meeting Date Prepared by Consent une 15, 2009 Chris Leeseber ,Park Planner-Planner Item Description Reviewed by Request by Christopher Ulmer, TNT Fireworks, for Fireworks Sales erem Barnhart, Plannin Mana er from Tent in Wal-Mart Parking Lot Reviewed by A. Temporary Sales/Storage of Fireworks B. General Plant Permit for Tent Sales, Case No. GP 09-09 Action Requested Approval of the General Planning Permit request for temporary fireworks sales in a 30'x50' tent in the parking lot of Wal-Mart as indicated on the site plan, with the conditions outlined in this report: 1. No electrical services shall be across any drive or walking surface. 2. All applicable fire codes shall be met. 3. If traffic becomes a problem around the temporary site, the sales area shall be delineated with a barrier to restrict traffic. 4. The sales tent be maintained &ee of debris and kept in an orderly condition. 5. The location of the tent is consistent with the submitted site plan. 6. The tent area shall be removed by July 11, 2009 and the site be returned to its previous condition. 7. One 24 square foot banner advertising the fireworks shall be allowed. Background/Discussion The applicants are requesting a General Planning Permit to conduct firework sales from a 30'x50' sales tent located in the Wal*Mart parking lot, in the same location as last year. The past few years, TNT Fireworks have been granted a General Planning Permit to have a temporary sales tent in the Wal-Mart parking lot for the sale of fireworks. To staff's knowledge there has not been any problems in this location. Overview The fireworks sales are proposed from June 22, 2009 through July 5, 2009; however, the tent may be set up a couple days prior to the start of sales. The hours of operation will be from 8 a.m. - 10 p.m. Attachments • General Planning Application • Letter from Wal*Mart • Site Plan Action Morton by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\GP\GP 09-09 TNT-Walmart\GP 09-09_CC.doc C~_^ Case Number: ~~a .~ Q~ General Planning Application c ~+.~ or ~~ ~_ Temporary Sales/Storage of Fireworks ver PrQpert~ Information Address: 18185 Zane Street parcel Number: 75 - ~ ~~ ~~ Legal Description: (attach if necessary) Applicant Information Name: TNT Fireworks E-mail address: ~~~~'-rC.~?fh~~fi+re~ks. «~m Address: ~ I ~- ~y ih ~V~ S ' . }-f~r~ CJ. _ /l/~1~ ~gl t~'-1 Street City State 7vp Code Address of Fireworks Sales: Walmart parking lot - 18185 Zane Street Dates of Fireworks Sales: June 22 to July 5 Phone (~u): ~°f -yet;--7G~ ~ . Fax: Signature: '~:~ ~- Phone(H): 70I-400-661 .~/~~1~ ~©i aos=~s~ ~r Date: Owner Information 1`.^_.rie: W~~`~a~trS~orks, Inc. E_mailAddress: Address: 1300 S E 8th Street} RE+ntnntri l l a, AR 7771 F, Street Ciry 5mte 7rp Code Phone (w): 479-204-3037 Fax: 479-273-4100 Phone (Ii)• Signature• see attached letter Date: ~~I /~/~3' Description of Project Please describe pour projectJreason for your request If necessary, attach a written narrative. Sales of Minnesota-approved "Safe & Sane" fireworks Site Plan A site plan of the proposed location and layout of the temporary structure and its surroundings must be submitted. ® Site Plan completed and attached to application. Agreement to Pay Costs of Review: It is the policy of the City of Elk River to require applicants for land use approvals and Phone: 763.635.1000 Updated Jan 2008 Fax: 763.635.1090 www.ci. ell:-rivet.mn.us S:~AdminimationU.~~+~~Fixeworks\Applietioa foc Sak Frnks Tnnpocxy.doc licenses to reimburse the city for costs incurred by the city in reviewing and acting upon applications, so that these costs are not borne by the taxpayers of the city. These costs include all of the city's out of-pocket costs for expenses, including the city's costs for review of the application by the city's environmental consultant, city engineer, city attorney, or other consultants, and may also include a charge for extra staff time to process particularly complex applications. The city will bill the applicant for these costs as they are incurred, and payment will be due within thirty (30) da}~s of mailing of the bill. If payment is not received as required by this agreement, the city will suspend the application review process and may deny the application for failure to comply with the requirements for processing the application. Payment for costs will be required whether the application is granted or denied. The undersigned has received the cit}~s policy regarding the payment of costs of review, understands that reimbursement to the city of costs incurred in reviewing the application will be required as set forth in the polity, agrees to reimburse the city as required in the policy and make payment when billed by the city, and agrees that the application may be denied for failure to reimburse the city for costs as provided in the policy. k'ireworks are regulated by 1Vlinnesota Statutes 624.20-624.25. In addition to these state laws, all display, sales, storage, and use of fireworks shall comply with Elk River City Ordinance Section 22-231 through 22-253. I understand and agree to comply with all the provisions of this application and the requirements of the issuing authority. I am 18 years of age or older. I hereby submit application for an EIk 1LLYG! iJU.GC:J Uf 1'G/GWU/!LJ 66l.GIWG UlLLi UdLG.)6 LlLf1tG~%(%%iG7.l, if f(JI %ldttiiv~i W w rac: iifiu u~.t,ui uac. Signature of applicant: ~~~ ~~ ~- Date: -~ 6~~ `~ OFFICE USE BELOR? The Fire Department has conducted a site check on the aforementioned applicant. Comments/Conditions: Signature of Fire Chief: Date: Signature of City Clerk: Council Approval Granted: Phone: 763.635.1000 Fax: 763.635.1090 wwww. cr. ells-river.mn. us Date: Updated Jan 2008 ~\Admiaisttatia~\Licenna\Fueororka\Application fnr Sak Fra1;e Temporazy~.doc AE~ ,..E-., n~.,_ .~ ~.._.. ~ ~ a December 16, 2008 To Whom It May Concern: ,.~ ~ - American Promotional Events, Inc. dba TNT® Fireworks is an approved National Supplier for 2009 to conduct fireworks sales on our stores' parking lots where this type of promotion is legal. Events usually run 7 to 10 days with setup beginning approximately 5 days prior to the event An American Promotional Events, Inc. dba TNT® Fireworks representative will call you to introduce the company and discuss your participation in the event. Participation in this event is not mandatory, but does add additional income to your bottom line profits. The Store Manager must approve the store's participation and placement on the parking lot by store stamping the Pre-Sale Survey. Then, Other Income will send an email to the store verifying approval. TNT® Fireworks is responsible for obtaining all necessary permits and/or licenses and must display such permits and/or licenses at each location Thank you in advance for your cooperation in this matter and if you have any questions, please contact New Business Development at (479) 273-4516. Sincerely, ~~,~t Rob Grippi Operations Manager Wal-Mart Stores, Inc. i ~ '` ~ ~ ~ ` -J ) -~ r t } !' ,j ~,~ `_i ,,_ ~~ ,~ ~ ~~~ ~.~s~:~~~: ~~ ,~ _ ;~ ~: _# ~ Y \ ~.