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3.6. SR 06-15-2009REQUEST FOR ACTION To Item Number City Council 3.6.A. Agenda Section Meeting Date Prepared by Consent June 15, 2009 Jessica Miller, Executive Secreta /De u Ci Clerk Item Description Reviewed by Request by Christopher Ulmer, TNT Fireworks, for Fireworks Tina Allard, Ci Clerk Sales from Tent in Cub Foods Parking Lot Reviewed by Lori ohnson, Ci Administrator Action Requested A Council motion to approve a Temporary Sales and Storage Fireworks License to Christopher Ulnner, TNT Fireworks, to sell fireworks from June 22, 2009 through July 5, 2009 from a tent in the Cub Foods 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 Cub Foods parking lot. Financial Impact N/A Attachments None Action Motion by Second by Vote Follow Up S:\Administration\Council RCA\Licensing\Fireworks\2009\TNTCub.doc REQUEST FOR ACTION To Item Number City Council 3.6 . 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 Cub Parking Lot Reviewed by A. Temporary Sales/ Storage of Fireworks B. General Plannin Permit for Tent Sales, Case No. GP 09-08 Action Requested Approval of the General Planning Permit request for temporary fireworks sales in a 30'x50' tent in the parking lot of Cub Foods 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 free 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 This the first time TNT Fireworks will have a General Planning Permit to have a temporary sales tent in the Cub Foods parking lot for the sale of fireworks. They have had tents at other properties in the city in the past and to staffs knowledge there have not been any problems with those locations. Introduction The applicants are requesting a General Planning Permit to conduct firework sales from a 30'x50' sales tent located in the Cub Foods parking lot, in the same location as last year. Overview The fireworks sales are proposed from June 22, 2009 through July 5, 2009; however, the tent may be set up a few 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 Cub • Site Plan Action Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\GP\GP 09-08 TNT-Cub\GP 09-08_CC.doc ~~ Case Number: ~/~~' ~°~ General Planning Application Temporary Sales/Storage of Fireworks Property Information Address: f~ a /_~ ~~-'~F" ~Vf' ~- ~~rl ~S Parcel Number: 75 - J~~~ - ~ C!~ Legal Description: (attach if necessary) Applicant Information Name: TNT Fireworks i~"g ~v~ 5 E-mail address: ~IYVI~'C'C.~~rC'tiv~Yk~_com __-- - Street City State Zip Code Address of Fireworl~s Sales: ?~ ~~5 ° jyaZ~(~ ~ZZP~'~ I~~'e ~ ~l~ ~iaer _ Dates of Fireworks Sales: Phone (tv): ~~~"`~~°~~~ June 22 to J1Ily 5 _ Fax: 7y/ d~~-os'1 ~ Phone (f~: :7d/ `10c~ -7~,~,f Date: 1 Owner Information Name: ~~ ~~~ / S~VG~ `1A• E-mail Address: Address:- y~ ( S = ~`1 -sf ,Sf i II wf~i-e~ .!1'1N .S~7~a 5txeet - - City State Zip Code Phone (w): ~'~/" ~~~" 7a~ Fax. Phone (H): Signature: see attached le~Z+r Date: ~~~ Description of Project Please describe your project/reason for your request. If necessary, attach a written narrative. Sale 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:-river.mn.us S:\Adminisnatmrs\Lacenses\Ficewodcs\Applicarioa foc Sale Frmks Temporary.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 wil! bill the applicant for these costs as they are incurred, and payment will be due within thirty (30) days 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 city'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 policy, 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. Fireworks are regulated by D'linnesota 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 Elk River Sales of Fireworks license and attest that all reported information is true and accurate. Signature of applicant: ~%'~/ Date: ~j~j~~I 3 OFFICE USE BELOW The Fire Department has conducted a site check on the aforementioned applicant. Comments/Conditions: Signature of Fire Chief: Signature of City Clerk: Council Approval Granted: Phone: 763.635.1000 Fax: 763.635.1090 www.ci.elk-river.mn.us Date: Date: Updated Jaa 2008 S:\~ldminiscratioaU.iteusa\Fieeaocks\Applieaoon foz Sak FxwFs Tempocary~.doc a iUAEh~ al-i? ComaTSnv -121 S. Third Street Siiiheater. \t1~ 50$2 - I'l~~ne: ~G31) 439-7200 1,4aI•ch ?S, ?009 To ~~rhorn It Mav Concern: TNT Fireworks is an approved vendor for the year 2009 to conduct Fire~•orks Tent Sales on our scores parking lots. Events usually run 10-14 days. Prior to the opening sales date, a TNT Fire~~rorks Tent & Stand Division Area Manager twill call on you. to introduce the company, discuss the event, and the placement of the selling unit in your parking lot. The Area Manager is also responsible for obtaining ail necessary permits and/or licenses. Thank you, ui advance. for your cooperation in this matter and if you have any questions, please contact the customer service department at TNT~~ Fireworks at (800) 213-1189. Sincerely, oe G. Meurer Director of General Merchandise Cub Foods .q SuperYulu Cornpcrny JGM/mc ~~ o ~- -~-- -~~ v ~n ~~ -r ~i ~ j ~\ J `~ ~ _~ v N --i TTrTT~ ~ 1 J, fi T ~, ~ ~ ~ , ~ ~ ~ ~~~ .. T ~.. /~ V 3 _F d v V ~ i 1 5" g ~ ~ - r-- 'r.."' t~- ~/ J ~ ' - ~1 U \ -~ ~, ~- .~- _.. r 1 } t { .~ 1 i i I i E f (. i i f~ ~.S i i~ 1{{ ~: i ~ --v ~ i . I ~ ~. ~~~ ~ ~ I f + j I i i ~~ ~~ ~,..~.