04-703Council File # 04-703
Green Sheet # 3020316
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
2 WfIEREAS, TNT Fireworks, in zoning file No. 04-072-240, made application for a
3 Special Condition Use Permit to allow outdoor, seasonal sales of fireworks, as an accessory use,
4 as provided under Leg. Code § 60.544, for property commonly known as 1450 University
5 Avenue and legall}� described as: AUDITOR'S SUBDIVISION NO. 27 BEING KIT"I'SONDALE
6 SUBJ TO ST: PART OF LOTS 9, 10, 18 & 19 DESC AS COM AT INT OF EL OF W 30 FT OF
7 NE 1/4 OF SW 1/4 OF SEC 34 TN 29 RN 23 & NL OF HWY 94 TH N ON SD EL 616.09 FT
TO PT OF BEG THE E 125.11 FT TH N 72 DEG 08 MIN 33 SEC; and
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10 WHEREAS, having provided notice of a public hearing on the said application, the
11 Planning Commission's Zoning Committee, on May 13, 2004, duly conducted a public hearing
12 at which all persons present were given an opportunity to be heard and, at the close of the
13 hearing, the Committee recommended that TNT's application be approved and forwarded its
14 recommendation to the full Commission for consideration; and
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WHEREAS, on May 21, 2004, the full Planning Commission considered its
Committee's recommendation and, in Planning Commission Resolution No. 04-42, dated May
21, 2004, approved TNT's permit application, with conditions, based upon the following
findings of fact set forth therein:
The 2002 Minnesota State Lzgislature authorized the sale of certain types
of fireworks. In July 2002, the City of Saint Paul established a policy for
permitting sales of fireworks. All sales must occur in an appropriately
zoned pazcel and receive a pernut from the Fire Marshal. Indoor sales are
allowed in appropriate zoning districts; outdoor sales require a conditional
use permit. A July 26, 2002, letter from Steve Zaccard, City Fire Mazshal,
was to merchants with a summary sheet regarding city permit requirements
for consumer fireworks sales.
2. The property was formerly a K-Mart store before the corporation filed for
bankruptcy. WalMart has obtained lease of the property and is opening a
new store at this location on May 19, 2004. TNT has executed a lease
with Midway Marketplace for lease of land sufficient to raise a 30' x 50'
tent. Firework sales will occur during the Fourth of July holiday season.
Hours of operation are 9 a.m. - 10 p.m. daily. TNT will provide 24-hour
security for the site.
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2 3. Seasonal outdoor sale of fireworks as an accessory use to a shopping
3 center is not specifically listed in the zoning code. In 2003, the Planning
4 Commission found outdoor sale of fireworks as an accessory use to a
5 shopping center similaz to outdoor sale of plants not �own on the site,
6 lawn furniture, play�ound equipment, and garden supplies (Zoning File
7 #03-301-666) as aliowed in the B2 District on a zoning lot at least 20,000
8 square feet in area_
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10 The parcel in quesrion is 340,644 sq. ft., weli over the 20,000 sq. ft.
11 minimum lot area requirement for open air uses in the B2 district. The
12 Commission found that short-term seasonal sale of fireworks is
13 appropriate at major shopping centers. Most major shopping centers in the
14 City of Saint Paul aze zoned B2, and have vast underused parking lots. It
15 is exactly these types of facilities that are appropriate for shoft-term
16 seasonal, speciality sales. Altowing for one sales tent of inedium size (up
17 to 2,400 sq. ft.) for a short term does not impact traffic flows or other
18 public safety issue. Assuming up to 2,400 sq. ft. of sales azea, the parking
19 required a 1:225 for general retail is 11 spaces, a relatively insignificant
20 number in light of the often hundreds of unused spaces.
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4. As required under section 60.544, a conditional use permit is required for
accessory outdoor sales in a B2 zone. § 64.400(d) lists five standazds that
all conditional uses must saUsfy:
(1) The extent, location and intensity of the use will be in substantial
compliance with the Saint Paul Comprehensive Plan and any
applicable subarea plans which were approved by the city council.
The condition is met. This area is identified as a shopping center
in all relevant pians.
(2) The use will provide adequate ingress and egress to minimize
traffic congestion in the public streets.
The condition is met. The location of the tent for sales of
fireworks is located in such a way as to not impact traffic flows.
(3) The use will not be detrimental to the existing character of the
development in the immediate neighborhood or endanger the
public health, safety and general welfare.
The condition is met. The Fire Marshal believes that the location
of this sales tent is safe and meets ali necessary guidelines. The
critical issue is that the tent and merchandise be enclosed and
secure during non-sales hours of 10 p.m. to 9 a.m.
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(4) The use will not impede the nornzal and orderly development and
improvement of the surrounding properry for uses permitted in the
district.
The condirion is met. This is a seasonal use which will have no impact on this
7 already developed neighborhood.
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The use shatl, in all other respects, conform to the applicable regutations of the
district in which it is located.
The condition is met.
Tents are a legal temporary structure for up to 90 days according to the building code.
WHEREAS, on June 7, 2004 and pursuant to the provisions of L.eg. Code § 64.206, the
Snelling Hamline Community Council duly filed an appeal from the Planning Commission's
decision to approve the said conditional use pernut application and requested a hearing before the
City Council for the puzpose of considering the actions taken by the said Commission; and
WHEREAS, on July 7, 2004, and acting pursuant to Legislative Code § 64.206 - 64.208
and with notice to the affected parties, the City Council conducted a public hearing on the said
appeal where all interested parties were given an opportunity to be heard; and
WHEREAS, at the close of the hearing, and having heard the statements made and
having considered the application, the report of staff, the record, minutes and resolution of the
Zoning Committee and the fuli Planning Commission, the City Council; does hereby
RESOLVE, that the Planning Commission, in approving the said conditional use pernut,
committed the following error(s) in its facts, findings or procedures:
1. Finding No. 2: This outdoor sale of fireworks use is located on what is a
heavily used parking lot serving a major retail establishment. The parking usage
at this parking lot does not fit the "vast, underused" parking lots described in the
staff report. The intense use of the parking lot generated by the major retail
establishment does not leave extra room for a lazge tent and safety perimeter for
the outdoor sale of fireworks. The two uses on the lot, pazking and outdoor sales
of fireworks, will create traffic congestion and deter traffic circulation which will
create ingress and egress problems on this site.
2. Finding No. 3. The outdoor sales of fireworks, at the site shown on the
application, may endanger the public health, safety, and general welfare. Sales of
fireworks will take place in an open air tent. The site of the sales is near public
streets and sidewalks and in the midst of a large pazking lots serving large retail
businesses. The nature of the sales and the sales site make the ability to enforce a
required "no smoking" perimeter difficult, if not impossible for the operators of
this fireworks stand to enforce. The record indicates that the day to day operators
of the fireworks stand aze "volunteers such as members of non-profits like
churches, who lend their time to operate the fireworks stand in exchange for some
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1 of the proceeds from the sales of the fireworks. An inability to enforce the no �� 703
2 smoking perimeter, especially near a public right of way where the enforcement of
3 the perimeter would be by private individuals is problematic, or in the midst of
4 large, intensely used parking lots serving major retail businesses and can likely
5 endanger the health, safety and welfaze of the general public. The findings do not
6 sufficiently show how TNT Fireworks or its "volunteer" operators will manage
7 the fireworks stand in a manner that will not endanger the public's health, safety
8 and general weifaze at this location. The condition that "all local and state
9 regulations pertaining to the sale of fireworks shall be upheld" does not satisfy
10 this requirement. In addition, before this appeal was heard, the record shows that
11 the TNT Fireworks stand did not open on the site depicted on the application or
12 stated on the conditional use permit. This made the finding that the fire marshall
13 believed the location of the sales tent to be "safe" not applicabie. It also raises
14 issues regarding the future enforcement of this pernvt. Finally, pursuant to the
15 zoning code, the location of outdoor sales "shali be at the end or reaz of the
16 building." The site of the fireworks sales depicted on the application is at the
17 front of the subject property. This violation of zoning code requirements also
18 endangers the public health, safety and general welfare.
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3. The ownership or leasehold interest of TNT Fireworks in the use of this lot
does not appeaz to satisfy the requirement that the applicant for a conditionai use
pernut have an ownership or leasehold interest in the sub}ect property. The record
indicates that TNT did not open its fireworks stand on the site shown on the
application or stated in the pernut. The record further indicates that there may be
some dispute as to whether TNT had or has the necessary ownership or leasehold
interest in the subject land which would entitle TNT to apply for and receive a
conditional use pernut. No information was offered by TNT to clarify or refute
the apparent situation. Without this information, the permit may have been
improperly received and processed. This constitutes an additional reason to grant
the appeal.
BE IT FURTAER RESOLVED, that tbe appeal of the Snelling Hamline Community
Council is hereby granted; and be it
AND, BE IT FURTHER RESOLVED, that the said errors shall constitute the City's
record statement of reasons for this denial, in compliance with Minn. Stat. § 15.99 Subd. 2(c);
and
BE IT F'URTHER RESOLVED, any representative of TNT Fireworks, if aitending the
City Council session of 7uly 14, 2004, shall state on the record that it represents TNT Fireworks
and shall be immediately and personally served with a copy of this resolution containing the
City's statement of reasons for denial, in compliance with Minn. Stat. § 15.99, Subd. 2(c) and
I,eg. Code 61.704
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BE IT FINALLY RESOLVED, that the City Cierk shali maii a copy of this resolution
to the Sneiling Hamline Community Council, the Zoning Administrator, the Planning
Commission and, if no representative of TNT Fireworks accepted personal service of this
resolution at the City Council Session of July 14, 2004, the City Clerk shall also mail a copy of
this resolution to TNT Fireworks at the address provided in their zoning appiication: TNT
Fireworks, 235 E. 5`� Street No. 204, Saint Paul, MN 55101.
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Aequested by Department of:
Adopted by Council:
Form Approved by City Attorney
By: �� �!^�RM�C� 7 � � �{— b Y
Approved by Mayor for Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Greeo Sheet Green Sheet. �
oeparhneMrorfiee/oa,nciL uaae �mwma:
�o -�,�� ,�,��� Green Sheet NO: 3020316
CorNaU Person & Phone: � Deoartment Sent To Pe�son InitiallDate
Coundlrt�ember Mo�ortiery 0 omal
2G62610 p��gn 1 mc� r
Must Be on Coundl Agenda bY (Date): Number 2 •�
14JUL-04 F
Routing 3
Order 4 ,
5
Total � of Signature Pages _(Clip All Locado� for SignaWre)
Action Requested:
Memorializing City Council actian taken July 7, 2004 grantingthe appeal ofthe Snelling-Hamline Community Council to a decision af
the Planning Commission granting a conditional use permit to allow seasonal outdoor sales of fireworks as an accessory use to a
shopping center at 1450 University Avenue, SE corner at Pascal Street.
Recommemiafions: Approye (A) or Reject (R): Persorcal3ervice Contracfs Must Answer the Following Questions:
Planning Commission � H � ��
persoNfirtn ever worked under a coMrad for Nis departmerrt?
CIB Committee Yes No
C'rvil Service Commission 2. Has this persoNfirtn ever been a city employce?
Yes No
3. Does this persoNfirtn possess a skill not normaly possessed by any
curreM city employee?
Yes No
Explain all yes ansxrers on separete sheet and attach to green sheet
lnitiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvafHages IfApproved:
Disadvantages IF Approved:
DisadvaMages If Not Approved:
Total AmouM of �osy/Revenue Budgeted:
Trd�aetion:
Fumli� Source: Activrty Number:
Finaneial i�ormation:
(Explain)
DEPARTMENT OF PLANNQ�G
& ECONOMIC DEVEIAPMENT
MarthaG Fuller, Director
CIT'Y OF SA.INT PAUL
Randy C. Ke11y, Mayor
2i West Fourth Sbeet
Saint Pau[, MN 55102
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Te7ephone_ 6�1-266-6700
Facstm ile. 6i I -228-3220
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June 21. 2004
Ms. Mary Erickson
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Dear Ms. Erickson:
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L�..s :n
. r�^. � r �r �
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I would like to confirm that a public hearing before the City Council is scheduled for Wednesday, July 7,
2004, for the following zoning case.
Zoning File Number:
Appelfant:
Address:
Purpose:
Previous Action:
04-098-679 (appeal of 04-072-240)
Snelling-Hamline Community Council
1450 University Avenue, SE corner at Pascal
Conditional Use Permit to allow seasonal outdoor sales of fireworks as an
accessory use to a shopping center
Zoning Committee Recommendation: approval with conditions, 7- 0 May 13, 2004
Planning Commission Recommendation: approve with conditions, unanimous, May 21, 2004
I have confirmed this day with Councilmember Montgomery's office. My understanding is that this public
hearing request will appear on the agenda for the City Council meeting and that you will publish notice of
the hearing in the Saint Paul Legal Ledger. Please call me at 266-6659 if you have any questions.
Sincerely,
�� t,J v ' �` ��� U
Yang Zhang
City Planner
cc: Files: 04-072-240 and 04-098-679
Appellant: Snelling-Hamline Community Council
TNT Fireworks
Paul Dubruiel
Wendy Lane
Carol Martineau
Allan Torstenson
pane$vFrueuc ��
Tlie Samt�Paul Citp!Council will coa
duct a publie hean`ng on Wednesday,,7uiy
7, 2004, a$ $:30 p.m. in the City Councit
Cham6ers, Tlvrd Floor, City Hall, to wn-
sider the appeai of the Sne3ling-Fjamline
p C � O , � , � , �� � �� t1' Council to a decision' of ttie
� """+'�+5 Ci011lmiccjpn gTgn� g COIIal-
tional use Peimit to allow seasonal ou�
door sales of fireworks as au accessory
"�e t° a BhoPP�ng center at 1450 Uaiversi-
tY Avenue, SE corner at Pascal.
Dated: Jvne 22; 20p4 -
MARY ERICKSON,
Assis[ant City Council Secretary
(June 24}
22082284 peIIL TF.GAi.IEDCaER =�—__._
L'Wmanda�Zoning�Pcdocs\CCdocs\04-098-679}uly7-04ceservatwn AA-ADA-EEOEmployev
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DEPARTMBNT OF PLANNING
& ECONOMIC DEV£LOPMENT
Mm'tha G. FulZer, Duector
CITY OF SAINT PAUL
Randy C. Kelly, .4tayor
25 West Fowth Stseet
Sainf Paul, MNS5702
7une 16, 2004
Ms. Mary Erickson
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Telephone: 651-266-6700
Facsimile 657-228-3220
City Council Research Office
Room 310 City Hall
Saint Paul, Minnesota 55102
Re: Zoning File #: 04-098-679 (appeal of 04-072-240)
Appellant: Snelling-Hamline Community Council
Address: 1450 University Avenue, SE corner at Pascal
Purpose: Appeal of a Planning Commission decision to grant a Conditional Use Permit to allow
seasonal outdoor sales of fireworks
City Council Hearing: Wednesday, 3une 23, 2004, 530 p.m., City Council Chambers
Staff Recommendation:
District Council:
Zoning Committee Recommendation:
5upport:
Opposition:
Planning Commission Recorn�en3ation:
5taff Assigned:
approval with condirions
denial
approval with conditions, vote: 7- 0
0 people spoke, 0 letters were received
0 people spoke, f� letters were received
approve with conditions vote: unanimous
Yang Zhang, 266-6659
Attachments: Planning Commission resolution
Planning Commission minutes, May 21, 2004
Zoning Committee minutes, May 13, 2004
Correspondence received
Staff Report packet
cc: Applicant: TNT Fireworks
City Council Members
District Council: 13S
Wendy Lane
Larry Soderholm
Allan Torstenson
Peter Warner
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APPLtCAT10N FOR APPEAL
Departmerzt of Plannirzg and Economic Devetopment
Zoning Section
I400 Ciry HaZZ Anrzex
25 West Fourth Streei
Saint Paut, MN 55102-I634
(65I) 266-6589
APPLICANT
PROPERTY
LOCATION
Al���
Address �{a$'-� J �b�pcVZxllAe.
City �' �. �O�ni, A St. Vd1A� Zip �\O� Daytime Phone L4��'�oy�'�b�
Zoning File Name �� � O - 2`Ib SNT '��('eWavYS
Address / Location _ Ut1\vPx S1�v1 Avf.Yt�Le,
TYPE OF APPEAI: Application is_herebymad�tor�aaap.peal to the:
� Board of Zoning Appeals �"City Council
Under the provision of Chapter 64, Section �y Paragraph ?�lo of the Zoning Code, to appeal a
decision made by the �`A�'1YtiY1G Cov17YY11�51,'��'1
on_ �0.An Z.� . 20 d� . File Number: l� '�`1Z' 2`a�
(date fo d ce ision)
GROUNDS FOR APPEAL: Explain why you feef there has been an error in any requirement, permit, decision
or refusai made by an administrative official, or an error in fact, procedure or
finding made by the Board of Zoning Appeats or the Planning Commission.
��CU,Se Sfe A�AC�
SIVELLING-HAMLINE COM COUNCIL 13S
MS ANNELIESE DETWLLER PROGRAM ADMII`I
1684 SELBY AVENUE
SAINT PAUL MI3 55104
• I (attach additional sheet if
ApplicanYs
(0)651 644-1085
(F)651 917-9991
�'e �
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Date .��4 City Agent ` �
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�ity of saint paul
planning commission resoiution
� file number o;_42
date Ma,, Z1, Zoo4
051-703
WHEREAS, TNT Fireworks, File # 04-072-240, has app(ied for a Conditional Use Perrnit to allaw
seasonal outdoor sales of fireworks as an accessory use to a shopping center under the provisions of
§60.544 of the Saint Paul Legislative Code, on property located af 1450 University Avenue, Parcel
Identification Number (PIIV) 34-29-23-31-Q016, legatly described as AUDiTOR'S SUSDiVlSiON NO. 27
BEING KITTSONDALE SUBJ TO ST; PART OF LOTS 9,10,18 & 19 DESC AS COM AT INT OF EL OF
W30FTOF NE 1 / 40 FSW 1 / 40 FSEC 34 TN 2 9RN23&�1LOFHWY94THNONSDEL616.09
FT TO PT OF SEG TH E 125.11 F�' TH N 72 DEG 08 MiN 33 SEC; and
WHEREAS, the Zoning Commiftee of the P(anning Commission, on May 13, 2004, held a public hearing
at which alI persons present were given an opportunity to be heasd pursuant to said appiication in
accordance with the �equirements of §64.300 of the Saint Paui Legislative Code; and
WHEREAS, the Saint Paut Planning Commission, based on the evidence presented to its Zoning
Committee at the public hearing as substantially reflected in the minutes, made the foliowir.g findings of
fact:
�
The 2��2 Minnesota State Legislature authorized tfie saie of certain types of fireworks. in July,
2002, the City of Saint Paul estabiished a policy for permitting sales of fireworks. All sales must
occur in an appropriately zoned parcel and receive a permit from the Fire Marshal. indoor sales are
aliowed in appropriate zoning districts; oufdoor sales require a condifionaf use permit. A Ju(y 26,
2002, letter from Steve Zaccard, City Fire Marshal, was to merchants with a summary sheet
regarding city permit requirements for consumer fireworks sales.
2. The property was formeriy a K-Mart sfbre before the corporation filed for bankruptcy. WalMart has
obtained lease of the property and is opening a new store at this location on May 19, 2004. TNT has
executed a lease with Midway Marketptace for lease of land sufficient to raise a 30' x 50' tent_
Firework sales wili occur during the Fourth of July holiday season. Hours of operation are 9am-10pm
daily. TNT wiif provide 24-hour security for the site.
3. Seasonal oufdoor sale of fireworks as an accessory use to a shopping center is not specifically listed
in the zo�ing code. In 2003, the Planning Commission found outdoor sale of fireworks as an
accessory use to a shipping center similar to outdoor saie of plants not grown on the site, lawn
furniture, piayground equipment, and garden supplies (Zoning File #03-301-666) as a(lowed in the 62
District on a zoning lot at least 20,000 square feet in area.
The parcei in question is 340,644 sq. ft., weli over the 20,000 sg._ft. minimum lot area requirement
for open air uses in the B2 distric4. The Commission found that shoR-term seaso�ai sale of fireworks
is appropriate at mayor shopping centers. Most major shopping centers in the City of Saint Paul are
zoned B2, and have vast underuseti parking lots. If is exactfy these types of facilities that are
�
moved by Morto�
seconded by
in favor IInanimous -
against
oy-?o3
Planning Commission Resolution
Zoning File # 04-072-240
Page 2
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appropriate for sho�t-term seasonal, specialty sales. Allowing for one sales tent of inedium size (up
to 2,400 sq. ft) for a short term does not impact traffic flows or other pubiic safety issue. Assuming
up to 2,400 sq. ft. of sales area, the parking required a�:225 for general retaii is 11 spaces, a
relatively insignificant number in light of the often hundreds of unused spaces.
4. As required under section 60.544, a conditional use permit is required for accessory outdoor sales in
a 62 zone. §64.400(d) lists five standards that all conditional uses must satisfy:
(1) The extent, location and intensity of fhe use will be in substantial compliance with the Saint Pau!
Comprehensive Plan and any applicable subarea p/ans which were approved by the cify council.
The condition is met. This area is identified as a shopping center in all re(evant pians.
(2) The use wil/ provide adequate ingress and egress to minimize fraffic congesfion in the public
streets.
The condition is met. The location of the tent for safes of fireworks is located in such a way as fo
not impact traffic flows.
(3) The use will not be detrimenta/ to the existing character of the development rn the immediate
neighborhood or endanger fhe public health, safety and general welfare.
The candition is met. The Fire Marshal betieves thaf tfie location of this sales tent is safe and
meets all necessary guide(ines. The critical issue is that the tenf and merchandise be enclosed
and secure during non-sales hours of 10pm to 9am. �
(4) Tfre use will not impede the normal and orderfy development and improvement of fhe
surrounding property for uses permifted in the district.
The condition is met. This is a seasonai use which will have no impact on this already developed
neighborhood.
(5) The use shall, in alt other respects, conform fhe applicable regulafiorts of the disfnct in which if �
is /ocated. " -
The condition is met.
5. Tents are a legal temporary structure for up to 90 days according to the building code.
NOW, THEREFORE, BE IT RESOLVED, by the Saint Paui Pianning Commission, under the authority of
ffie City's Legistative Code, that the application of TNT Fireworks for a Conditional Use PeYmit to allow
seasonal outdoor sales of fireworks as an accessory use to a shopping center at 1450 University
Avenue is hereby approved subject to the folfowing conditions:
1. Permit is only valid for two weeks each summer, and is not valid before June 20 or 8fter July 6.
2. The hours of operation are 9am-10pm dai(y.
3, A perrriit from the Fire Marsfial must be approved and posted as required.
4. Afl iocai and sfafe regufations pertaining to the sales of fireworks shall be upheld.
5. The fireworks shall be enclosed in a strucfure and secured during nonsales hours.
•
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Saint Paul Planning Commission
• City Iiall Conference Center
15 Kellogg Bonlevard West
?VIinutes of May 21, 2004
A meeting of the Planning Commission of the City of Saint Paul was held Friday, May 21, 2004,
at 830 a.m. in the Conference Center of City Aall.
Commissioners Mmes. Donnelly-Cohen, Zimmer Lonetti, McCall, Morton, Shortridge,
Present: and Trevino; and Messrs. Alexander, Alton, Anfang, Dandrea, Field, Fotsch,
Johnson, Kramer, Mazdell, Mej4a, and Scott.
Commissioners Mmes. *Faricy; and Messrs. *Coletta, *Gordon, and *Kong.
Absent:
*Excused
•
Also Present: Larry Soderholm, Planning Administrator; Patricia 7ames, Yang Zhang,
Nancy Homans, Dan Smith, and Mary Bruton, Department of Planning and
Economic Development staff.
I_ Ap�nsal nf .minntes. of May 7, 20A�
MOTION: Commissioner Kramer moved approvttl of the minuYes of May 7, 2004.
Commissioner ponnelly-Cohen seconded the motion. The motion carried unanimously on a
voice vote.
II. Chair's Announcements
Chair Johnson reported on the Millard FDlmore dinner saying there was very good attendance
and it was a very enjoyable evening. He encouraged the Conunissioners to become involved in
the events this suuuner concerning the river. Chair Johnson stated thexe seems to be a
resurgence of interest on the river with many exciting things happening and also they are having
some increasing chalienges with the Critical Areas Act and environmental preservarion along the
river. With the Centex development going up, and the proposals at Island Station, the Bridges
of Saint Paul, and Koch-MobIl, a lot of development issues will be happening on the river in
the next couple of years.
•
Chair Johnson stated the City Council discussed the 60-day rule last Wednesday in response to
the recent Moreno court decision and how that will unpact us. They brain stormed a wide azray
of alternatives including abolishing the Planning Commission or pulling us out of the zoning
process. FIe stated that we will not lay over anything unnecessarily and we will have more
stringent requirements for complete applicat4ons eariy in the process. The Steering Committee
meeting wondered this morning if it would be possible to have an automatic Plaiming
Commission approval when an applicarion receives a unanimous Tesolution of support from the
Zoning Committee. Could we bypass the full Planning Commission. Nothing has been decided
py_ ��; �
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MOTION: Commissioner Fotsch moved to close testimony and refer the matter back to the �
Neighborhood & Current Planning CommiUee. Commissioner Trevino seconded the motion,
Tlze motion carried unanimously on a voice vote.
V. Zoning Committee
Chair Morton gave the Zoning Committee report.
#04-072-240 TNT Fireworks - Condirional Use Permit to allow seasonal outdoor sales
of fueworks. 1450 University Avenue, SE comer at Pascal. (Ycmg Zhcmg 651/266-6659)
Commissioner Morton stated bistrict 11 - Hamline/Midway Coalition was in opposition. No one
spoke in support. Three tetters were receivad in opposition. The public heazing was ciosed. The
Zoning Committee recommended approval with condirions on a vote of 7-0.
M01'TON: Commissioner Morton moved the Zoning Commiitee's recommendation to approve
the conditional use permit
Commissioner Morton stated that in Juiy of 2000 the City of Saint Paul set its palicy for
permitting the sale of fireworks with a permit &om the Fue Mazshall. She stated that the
conditions the Zoning Committee attached aze that they sell the fireworks only between June 20`"
and 7uly 6'� between 9:00 am. & 9:00 p.m. and that the tent is secured during the non sales hours.
Commissioner Lonetti asked if this would be operated by a non-profit charity. Commissioner
I�orton sfated yes it wIlI be opeiatedby a non-p*o�. �
The motion carried unanimously on a voice vate
�'04-072-374 TNT Fireworks - Conditional Use Permit to allow seasonal outdoor sales
of fireworks. 2513 W. 7' Street, between Davern and Soo Line RR. (Yang Zhcmg,
651/266-6659)
Commissioner Morton stated District 15 made no comment. No one spoke in support or
opposirion. Tfie pubIic fiearing was closed. The Zoning Committee recommended approval with
conditions on a vote of 7-0.
M01TON: CommissionerMarton moved the Zoning Committee's recommendatron to approve
the conditional use permiz The motion carried unanimously on a voice vote.
Commissioner Anfang queshoned the time of operation asking if it was supposed to be from
9:00 a.m. - 10:00 p.m. Ms. Xang Zhang stated that at the Zoning Committee the motion was
aIready passed for I450 University when they realized that the applicant wanted to be open from
9:00 a.m. - 10:00 p.m. So these hours were approved for 2513 W. 7`" Street but not for 1450
University.
AMENDED MOTTON: Commissioner Anfang moved fo arreend the hours of opera2ion fnr
I450 University to be 9;00 a.m - IO:OOp.m Commissionerponxelly-Cohen seconded the
.
�� - za3
motion. The motion carried unanimously on a voice vote
. �?04-069-384 American Bank of St. Paul - Rezoning from B-2 (Community $usiness) to
B-3 (General Business) to permit use of electronic message sign as a business sign.
1578 Uni�ersity Ave., SE comer at Snelling. (Yang Zhang, 651/266-6659)
Commissioner Morton stated District Council made no comment. No one spoke in support. One
letter was received in opposition. The public hearing was closed. The Zoning Committee
recommended approval on a vote of 6-0 with 1 abstention (Alton).
MOTION: Commissioner Morton moved the Zoning Committee's recommendation to approve
the rezoning. The motion carried on a vote of I6-0 with I abstention (Altonj.
#04-069-083 Pet Enterorises and Motor Tech - Conditional Use Permit to allow auto
repair with outdoor auto sales. 1315 Rice Street, SW corner at Ivy. (Patricia James,
651/266-6639)
Commissioner Morton stated District 6 recommends denial. One person spoke in support. Three
people spoke in opposition; 3 letters received in opposition. The public heazing was closed. The
Zoning Committee recommended denial on a vote of 7-0.
MOTION: Commissioner Morton moved the Zoning Committee's recommendation to deny the
conditional use permit.
. �ommissianer Lanetti asked there i�ad been z zan�g �keck of tke 'rssuas ia the letCers about this
operation potentially painting and the traffic issues with pazking and using the alley access.
Commissioner Morton stated the recommendation was to deny not because of the fumes from the
y3iIli'u^i�� �i7�,C2uSi°. tii2i �T✓2$ u0i yi�°.S°ui�u i0 u Cvuu"a11��C� 1`illi because OF BCCCSS t0 u 4 i2 nii2 j� t J j/
the business and because of the pazking problem. The tenants have to pazk on the street and the
auto sales and repair is using all the pazking spaces in the lot. There was also an issue with fire
code violations.
The motion carried unanimously on a voice vote.
#04-070-765 Motor Works Tire & Auto Care Center. Inc. - Conditional Use Permit for auto
specialty store. 230 Larpenteur Avenue E., SW corner at I-35E frontage road. (Patr�icia James,
651/266-6639)
Commissioner Morton stated District 6 made no recommendation. No one spoke in support. One
parry spoke in opposition. The public hearing was closed. The Zoning Committee recommended
approval with condifions on a vote of 6-0.
MOTION: Commissioner Morton moved the Zoning Committee's recommendation to approve
the conditional use permit The motion carried unanimously on a voice vote.
#04-076-856 Terrv Schneider - Conditional Use Permit for 8-unit cluster development
(four 2-unit buildings), with variances of setback from Bazclay and Prosperity.
(PatriciaJames, 651/266-6639)
�
af- ?03
�RESENT:
ABSENT:
STA�F:
Alton, Anfan9,
Faricy
M[Ni1TES OF THE ZONING COMMITTEE
Thursday, May 13, 2004 - 3:00 p,
C+ty Councif Chambers, 3rd Floor
��tY Hait and Court House
15 VYest Kellogg goulevard
Donneily-Cohen, Gordon, Kramer, Mejia, and Mocton
Yang Zhang, Carol Martineau (Mary Bruton), Allen Torsfenson and Peter VVarner
The meeting was chaired by Commissioner Morton.
TN3 Fireworks - 04-072-24p _ Conditionai Use Permit to aliow seasonal oufdoor safes of fireworks .
1450 University qvenue, SE coraer af Pascal.
Yang Zhang presented the_staff report w+th 2 rec ori; , endatiori of a
subject to five conditions. pprovai for the Conditional Use Permit
Ms. Zhang stated that no formal recommendaiion was received from
but that staff told her that the Community Council was o
Coalition, which is just across the street, submitted a letfer �� o the Snelling/Hamline Community Council,
pposed to it. The District 11 - HamlinefMidway
The appiicant, Eric Rob6ins, TNT qccount Executive for the State oftM nnesota and I American Prom �
Events, 235 E. Sixth Street, #204, Saint Paul, MN 55101 stated they were asking for a permit that would c
over instead of having to appiy for a permit eve otional
locations for other clients and the products are �• year. He stated fhe products are bein Q 4 .
ti1( �he sarne as last year pursuant to Minnesofa Statute 624 r
9 �old a� c�her
Commissioner Alton asked if volunteers would be staffing these loeations and Mr
were.
�one spoke in support or opposition. Three letters were
Robbins stated yes they
received m opposifion.
Vls. Zhang stated that the app)ication would be open ended, not just for this.sw;r;;r;,�� �uq qor eve
imifed fo 2 weeks each summer.
ry summer
;ommissioner qnfang asked if the Condit+onal Use Permit was transferrable and when it wouid be reviewed.
(Is. Zhang stated that the CUP is for the sho in
iili inspect the operation. A license from the Fire Department is required ever
ras satisfied with the Sibley Plaza use tast year. She said f he mm ssion n S ireworks. The Fire Marshal
'•� �� 5 years they could do that. Mr. Torstenson added that because the y�ear. The Fire Marshal's O�ce
ire Marshali every year, if there is an issue with it, the Fire Marshal can choose not fo ssae the �erm�or
y wouid need app�o�al from the
�e public hearing was ciosed.
�mmissioner Anfang moved approval of the Conditional Use Permit subject to the conditions in the staff
�ort. Commissioner Mejia seconded the motion.
opted
afted by:
Yeas -7 Nays - Q Abstained - 0
�a��n u (ivlary Bruton)
ng Secretary
Submitfed by:
Approved by:
r � ,
Y Zhang �/
Zoning Section G�adys M on
Chair
C�4!-7�3
• APPLICANT: Snelling Hamline Communiry Council (D-13)
DAT'E: June 4, 2004
GROUNDS FOR APPEAL
FIle Number: 04-072-240
TNT Fireworks
At the time the "INT Fireworks Conditional Use Permit was granted by the Plannin�
Commission on May 21, 2004, the City of Saint Paul had not seen the unpact Wai-Mart
has bad on the Midway Shopping Center. The aznount of increased traffic can be seen on
a daily basis. Since it's opening the Wal-Mart parking lot has consistently been filled and
customers have spilled over to the Mervyn's, Herberger's and Cub Food's parking lots.
In their resolution the Planning Commission sited that short-term seasonal sale of
fireworks is appropriate at majar shopping centers because "most major shopping centers
in the City of Saint Paul are zoned B2, and have vast underused parking lots." The
formerly K-Mart now Wal-Mart parking lot no longer meets this condition.
In addition, there is no zoning code dealing specifically with fireworks. 'I`he Planning
Commission is applying the rules for open-air uses under Sec. 60.544 to the sale of
fireworks. Specifically: retail sales of plants not grown on site, lawn furniture,
playground equipment and garden supplies. None of these items is a fire hazard.
Furthersnore, the zoning code states that these items must be located at the end or rear of
. the building. TNT Fireworks is proposing to locate their tent at the northeast corner (near
University and Albert) of an already congested parking lot making the Wal-Mart property
less than ideai for this use.
The high volume of traffic in the Wal-Mazt parking lot will make both security and safety
regulations, such as the no smoking ban within 50 feet of a fireworks stands as dictated
by the State Fire Marshail, more difficult ta enforce. There is great concern by both the
Snelling Hamline Community Council (D13) and the Hamline Midway Coalition (D11)
that allowing this tent in the Wal-Mart pazking lot presents unnecessary risks to
customers of the Midway Shopping Center and the residents of both these
neighborhoods.
Otherconsiderations:
The established businesses in the Midway Mazketplace sell the same
product inside their stores. We see no need to introduce additional
competition into the area.
We are concerned by the increased noise and litter often associated with
fireworks as well as safety concems that follow due to increased traffic
and the shoplifting associated with the Midway Marketplace.
We respectfully request that the Saint Paul City Council reverse the Planning
� Commission decision and revoke the Conditional Use Permit granted to TNT Fireworks
to operate a tent at 1450 University Avenue.
O�!-7a3
�
Deaz St. Paul City Council,
With regards to the letters received from the Snelling Hamline Community Council and
the Hamline Midway Coalition, I would like to clarify some obvious misconceptions and
falsified presumptions.
L Potentiai Danger of Items: These safe and sane fireworks are ground based
fountains and hand held sparklers and are obviously approved by the National
Fire Protection Association and the Minnesota govemment under section 624.
These same atems are being sold inside other local buildings such as Cub Foods
and Walmart and aze also our items. To bring out the danger in these items for
only our outdoor sales events and not all sales sites is therefore conditional.
2. Volunteers and staff aze required by the NFPA I 124 to have professional training
for the sale of these items. Clerks for the indoor sales sites do not have this same
training, yet again, there is no focus on our indoor sites.
� 3. The Hamline Midway Coalition has declared these items as "explosives" on item
three. This is simply false information. Safe and Sane Fireworks, as classified by
the National Fire Protection Association are non-combustible and cannot leave the
ground oz explode as fuecrackers do in other states.
4. The Haznline Midway Coalition says we have an "unnamed non-profit" group.
Unlike last year, we have chosen to not make them known due to the consistent
phone calls to our non-profit groups last year. This is to protect our guests. We
would be happy to let the council know that this year, porkions of the proceeds
will be going to three non-profit groups...one of them just blocks away from the
Snelling Hamline Community Council address.
5. We are said to not support local business as noted by the Hamline Midway
Coalition. This is simply not true...our same products are in local businesses in
the area and we will be paying sales taY received from each customer and paid to
the propez state taY offices.
6. Increased traffic is also noted by both letters from both councils. There will be no
more tr�c than usual amounts since we do no advertising outside of just the
sales site itself. Greenhouses aze in the exact same category and no fuss is being
raised over them.
7. The Hamline Midway Coalition has also noted that I provided false or incorrect
information. This again is not true. Ms. Zhang at the City of St. Paul l�as noted
this already. It was a sunple mistake of two files being used at one time to
transfer information from last year to this yeaz. As soon as I found out V a11ey
• Creek Church was still on the application, I called and changed it.
AMERICAN PROMOTIONAL EVENTS, INC.
P.O. BOX 1318 • 4511 HELTON DR{VE • FLORENCE, AL 35630
PHONE (256) 764-6137 • FAX (256) 760-0154
www.tn�reworks.com
�-Za3
I hope this clears things up. We simply want to have a great fundraiser celebrating our
country's independence as the rest of the county does using these legal products. Any
further quesfions caa be dizected to me. Thank you for your support.
Eric Robbins
TNT Account Executive-Minnesota
651-228-1500
�� �
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SNELLING HAMLiNE COMMUMTY COUNCIL
7684 SELBY AVENUE • SAINT PAUL, MINNESOTA ' S51O4
BOARD OF OIR�CTORS
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Ms. Yan� �hang
City oY Saiot Paul PED Zoning Dc�>tittment
14Q�City Half Anncx
25 Wesc F�utth Strect
Saint Paul, MN 55102
Dear Ms. Zhang:
At che May ?, 20Q4, m�etin; nf the Sncllin� Hnmlinc C;nmmuniiy Cui�ncil, the Bvurd vf
Direetors passed a moYion requesting that thc'7_oning ('ommiu..c deny'fNT Vi�rworks
applica�ion for a conclitional u;c �1CI'fTtll FUf UULiIO(lC tiillC Of I7SCWUPIC; Vl1 U114b'f7S1Yy
/�VC1111C.
n: `^°" `°"":'� In 7.OQ3, the Snel}ing (3�m}�ne �ommuniTy ('ountii along wiih [he Hamlinc Midway
""'" r`"�`"` Coalition opPosed �his samc rcquczt. �Vc did su bast:d un the foli�wing reaxons:
'"""°""'°" • 1'he established businesses in ihe Midwuy Marketplace sell the ssme producc
"'" LO°`"""" IfI51iIC fI7C11 5[OfCS Wc s:tw no necd tu inLruducc additional compcfition into the
AlC%nY�RnMM1rO-iVllf.ry � tt . =i
o^"' "°^'T^ • Wc were concerned [h;u a tenl in thc parking Int docs not praecnt d positive imxge
z'°� MOryt°" of Lhe tincllin�; Fl,imlme and Hamlinc M�dw;ry neighborhoods or [he City of Sainl
ecncv oc,ca,r co„c Naul.
'°.��� P°�°�� • in 2003, thE prncecAs fram ihie tent in iw� St, 1';�ui naighborhoods were slated tor
t an�rgxnization in Woodbury.
�n�9 waeisow
Tow Raeison The SneRin� Hamline Community Council op�res [he ZQ04 application based on [hesc
""'"^" "°`w^° s2mc 2003 n:asona Additioneiliy, we ;�re concerned Uy the incxea�ad noise and liMer of[en
"°" �""°^ associaicd wich fireworks a� wcll .�e sr�fcry conceros that fotlow �iu� to mcreasod cra,`fic
and the shoplifnn� 1�cocia[eti evith [he Midway M;ukztpl�cc.
qxi rve mncc
ANwM1 IFip l�YSy�� cq
Wc a�k 1fic %nning C;o+»mittr.r, to cl.,rify whether tliis same orgamzation in WoodUury wi11
bencfic from thLe tcnc.
If,you have a�iy yuestions, plause feei free t� cnmac� Anncliese Derwller, Execuiivc
Di�zctor, at 651-64A-1085.
Vc;ry Truly Youts.
�
/ ravis Snider
Board President
�
�
cc. Counciimamher Debbie Montn�mery, Ward I
Councilmembzr Jay Benanav, Ward 4
Mr. Kevin Malier. Wnf-Mar[ Uisreict Mauagcr
Ms. Claire O'Coni�er, Ilandine MiSw<ry Cotdition
Mx. Lric Robbins. TN'1= Fircwurks
WWW.SNELI.HAM.ORG 651-644-1085 51^iCC@SNELLHAM.ORG
0�-70� .
ny
�Z�j�n i�� Ft 1 �
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HAMLINE MID�A�' C�ALITION
Haml3ne Park Bvilding � 1564 Lafond Avenue, Saint Paul, MN 55104 � 651-G46-1986 � Eas 65Y-641-6123 � districtl l@gofast.net
May. I0, 2a04 -
Ms. Gladys Morton - . � -
City of Saint �aul — PED
25 West Fourth Street
Saint Paut, MN 55104.
Dear Ms. Mot#on;
TN'F Fireworks k�as again requested a Conditional LTse P.er�nit for a large outdoor tant sale of .
�ewc�ri�s i_r, the M?dway Marke±place at fd50 University Aven�e which we op�ose for the
fottowing reasbns: .
�'Fhe-potenfraIIy.dangerous material presents a fire and s�cplosive hazazd,
• Volunteers wi1T haue. vatying`degrees of understanding of safety precautions and ability to .
prevent�sales to minors, _ � � �
•. A tent with open sides urill epable easy and unenn�olled access to thesa explosives,
•. This will again be a fund raise� for an un-riamed `non-profiY group which we can presume is
froin outside our community, .
• Lasi yeaz, two "churches withdrew from t$e Ivliduray Mazkefptaea Sale because they did no#
want to of�end the community: We suggest the 2p04 ut�-named `non proffY,may not fiave all
the informatictn it needs to-be malang an informed choice of veuues for their fund raiser,
� I�amline Midway Coalition supports laeal:bnsiness. T�TT' Fireworks is not a locat business
and is proposing a sale in clirect competition with local and established businesses in the .
Midway Marketplace: , : �
• A tent in the parl�ig lot does not present a positive image of ttie Snelling �Iamline and
Haznline Midway neighborhoods or the City of Sain� Paul,
• Tfie neighbarhood is espected to accommodate increased �affic, other i�onvenience �uc� ,
protiferation ofnoise and littering often associated,with firewoik use.
•" Purther Mr Robbins, in conversations tYtis yeaz and last, has e�ibited very.little flexibi�ity ar
concern for the comtnunity and repeatedly.dismisses, as `biased', and `harassing', any
concern� raised.
•. Fina3ly, we nbte that Mr.l2obtiins in making his application, neglectet3 to provide PED with
curtent and acciirate info�mation.
Thank you €oryotu consideratian.
Rich Dreher, Ckair, HMC Board o£Directors, -
Cc. Counoiimember Jay Benanav, Eric 12nbbins, 'I'NT Fueworks Snel}ing Hawli�e Community
Council -
Dedicated to svraahing tbeHamLine Midway neighborhood a better p�aace to dive and work.
�
i
qasmo<�umeew.m��
•
�
�
Message
Yang Zhang - Testimony for Zoning Committee Pubtic Hearing
From:
To:
Date:
Subject:
CC:
Fi��
1 of 1
"Warns, Benita B - Eagan, MN" <benita.b.warns@usps.gov>
<patricia.james@ci.stpaul.mn.us>, <yang.zhang@ci.stpaul.mn,us>,
<ward2@ci.stpaul_mn.us>, <ward1@ci.stpaul.mn.us>, <ward3@ci.stpaul.mn.us>,
<ward4@ci.stpaul.mn.us>, <ward5@ci.stpaul.mn.us>, <ward6@ci.stpaul.mn.us>,
<ward7@ci.stpaul.mn. us>
5/12/20�4 2:50 PM
Testimony for Zoning Committee Public Hearing
"Claire O'Connor" <daireoconnor@mcleodusa.net>, "Dave Gagne"
<dg ag ne@mcieod usa. net>
Please enter this message into the official record of public testimony for item 04-072-240 on the agenda for the
May 13, 2004 meeting of the Zoning Committee of the St. Paul Planning Commission.
Concerning the request for a Conditional Use Permit to allow seasonal outdoor sales of fireworks at 1450
University Avenue, I wish to go on record in opposition to granting this permit. The applicant requests permission
to seil iegal fireworks in a tent. The applicant compares seasonal sales of fireworks in tents to other items that
are typically sold in a similar manner, such as plants, Christmas Trees, or fruits and vegetables. Fireworks are
not comparahfe to these other types of items for two reasons. First, fireworks are manufactured to explode, while
other seasonal items do not have this capability. Second, it is not legal to sell fireworks to persons less than 18
years old. Other seasonal items can legally be sold to customers of afl ages.
This applicant is asking for the City to permit them to sell explosives in a tent. The applicant staffs these tents
with volunteers from youth groups of area churches. Most of the sales staff for these fireworks tents are
teenagers who are not old enough to Iegaily purchase the products that they are selling. There is potential for
friends to apply peer pressure to members of the sales staff to +Ilegally se0 them some fireworks.
There is a far greater danger here than potential sales to underage customers. Putting such a large collection of
explosives in such an insecure structure as a tent is a tragedy waiting to happen. Just one person couid easily
ignite the tent and within seconds the whole thing would blow sky high. In this day of terrorist threats, this isn't a
chance I want to see St. Paul take.
We don't sell bottles o4 afcohol, cigarettes, prescription drugs, or o;her such items with sales restricted to aduits
only, in tents. We sell them in buildings where sales staff are required to check identification prior to allowing
potential sales to underage customers. Fireworks safes should be treated in the same manner. For these
reasons, I urge the Zoning Committee to deny this requesY for a Conditionai Use Permit to allow outdoor sales of
fireworks at 1450 University Avenue, and anywhere else within the City of St. Paui.
I also urge the St. Paui City Council to pass an ordinance that would ban outdoor fireworks sales within the City of
St. Pau{.
Benita Warns
1440 Lafond Avenue
St. Paul, MN 55104-2438
651-641-1037
file:!/C:U�ocuments%20and%205ettings\Zhang\Local%20Settings\Temp\GW}�0009.HTM 5/12/2004
�`7d3 Page 1 of 1
Yang Zhang - TNT Fireworks
Z �t 6 —o a—� c�,
From:
To:
Date:
Subject:
CC:
"Becky Reyer" <beckyreyer@comcasf.nef>
<patdcia james@ci.stpaul.xnn.us>, <y�g,�g@ci.stpaul.mn.us>,
<wazdl@ci.stpaul.mn.us>, <ward2@ci.stpaul.mn.us>, <ward3@cistpaul.mn.us>,
<wazd4@ci.stpaut.mn.us>, <wazd5@ci.stpaul.mn.us>, <wazd6@ci.stpaul.mn.us>,
<ward7@ci.stpaul.mn.us>
5/12/2004 4:09 PM
TNT Fireworks
<ay.benanav@ci.stpaul.mn.ns>, <�e.p�ce@ci.stpaul.mn.us>
.
Please enter this message into the o�cial xecord of pnblic testimoay for item 04-072-240 on the agenda
for the May 13, 2004 meeting of the Zoning Committee of the St. Paul Planning Commission.
As a resident of the Midway area of St. Paul, I object to the approval of this request to sell fireworZcs
from a tent in the Midway Market Place. The applicant compazes this sale to those of Christmas Trees
and other seasonal items. He claims that Chrishnas Trees have previously been sold at tYus site. This is
not inte. I have never seen Christmas Trees sold at this site and I have lived here for 20 years.
Furthermore, the papenvark he submitted is the paperwork he submitted last year. This would probably
be a non-issue if everything in that paperwork was exacfly the same, but it isn't. The church in
Woodbury who was using this as a fund raiser, is not involved with TNT tlus yeaz, therefore, they
should be filing new paperwork showing who will be operating this tent If it is another churck,
they should be showing that some kind of agreement has been reached with the charity that will run the
tent that no minors wi11 be involved in the sale of fireworks, that guards wi11 be assigned each night the
tent is standing to make sure nobody commits arson and blows up the tent and half of the new Wal Mart
at that site etc.
The neighbors, businesses, and many commuaity orgaiuzations have strived to clean-up the appeazance
of University Ave. through our neighborhood and although we have not been entirely successful at this
point, there is no reason that we should sit back an accept a tacky fireworks tent being set up here. It
does ttot present a very good image. It Evi11 attract more traffic, more litter and more
noise. Furthermore, it is unfair competition to the other established businesses that operate yeaz
azound in the neighborhood and are also selling legal fireworks. This would include Cub Foods, Target,
Walgreen's and probably Wa1 Mart as well.
Last year you approved this application, but the tent never went up because the charity backed out.
Please do not approve it this yeaz. We do not even know who the charity is that wilI operate tYus tent. If
nothiug else, deny the approval based on the fact that the paperwork is not in order. The least you
should require before approving this request is accurate and up to date information.
Rebecca L. Reyer
1326 Englewood Ave.
St. Paul, MN 55104
•
•
file://C:�Documents% 5/12/2004
Pa� f of1�
•
Yang Zhang - Fireworks Zf= � �C� — 6��—a�0
�;- — �
From: "Laura Sweney" <laurarsweney@hotrnail.com>
To: <yang.zhang@ci.stpaul.mn.us>, <r_castledine@hohnail.com>
Date: 5/11/2004 10:27 Aiv1
Subject: Fireworks
Dear Plaunuig Commission. We would like our remazks to be read into the record since we cannot
attend your meeting. We, the neighbors of the proposed outdoor fireworks sale in the Walmart lot, have
strong objections to this. It is an attractive nuisance to all the young peopie in the neighborhood. Selling
fireworks inside a store is a much safer way to handle it. Why is it necessary to have it in an outside
venue in fhe first place? The T'NT brand is already selling inside the stores in the midway area. We were
under the impression that such stand alone fireworks sales must be under the aegis of a nonprofit. "INT
says this isn't true. That they were invited by the stoxes to set up such an outdoor sale. Last yeas at a
similar hearing, TNT claimed that security would be top notch. On the web, we learned that, for
nonprofit venues, security was provided by people applying, getting a few hours security traiuing and
being paid !$1,000 per week. We don't think this is anywhere near adequate security given the volitility
of the contents of the tents. We hope you will refuse to issue this permit.
Stop worr�me about overloadin�vour inbox -�et MSN Hohnail Extra Storaee �
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Yan Zhan - RE: TNT Fireworks� _ m Page 1
O�f-?63
From: Ellen Biales
To: MN, Wams, Benita B- Eagan,; Zhang, Yang
Date: 5/26/04 9:59AM
Subject: RE: 7NT Fireworks
Benita-
Kathy had asked the fire department to write up some regulations regarding the sale of fireworks in tents.
This is the response we received this week from Steve Zaccard, Fire Marshaii:
Chief, it appears that the 2003 state legislature has prevented us from prohibiting the tent sales of
consumer fireworks if they meet the requirements of NFPA 1124, which is the "Code for the Manufacture,
Transportation, Storage, and Retail Sales of Fireworks and PyroYechnic Articles." I refer you fo the
attached Minnesota Statute 624.20, subdivision 1(d) (2), which states:
A local unit of govemment may not "prohibit or restrict the dispiay of items for permanent or temporary
retail sale authorized under paragraph (c) that comply with National Fire Protection Association Standard
1124 (2003 editionj."
"Paragraph (c)" is a description of the now-legalized consumer fireworks.
ALL the fireworks permits that we issue are predicated on compliances with NFPA 1124 and the
Minnesota Sfafe Fire Code.
Steve
»> Douglas Holton 05/09/04 08:96PM »>
Steve,
Can you put together some preliminary language on an ordinance that wouid prohibit the sale of fireworks
in tents?
»> "Wams, Benita B- Eagan, MN" <benita.b.wams@usps.gov> 05/26/04 0823AM »>
Please be sure that i am still on the Planning Commission mailing list
for minutes and agendas. I don't recali this being on a Pianning
Commission agenda. I do recall seeing it on the Zoning Committee
agenda.
i would like to see the Planning Commission portion of the City web site
updated more frequently. I check this every day, and often I receive
the packets in the US Mail before they are posted fo the web. As of
yesterday, the most recent Zoning Committee items posted were from April
30, and the most recent items for the Planning Commission were from May
7. it is difficuit for us ordinary people fo stay on top of those
things that concem us most if we cannot get timely information.
As for TNT, what is the deadline to file an appeal? I would sure like
to know how the Planning Commission can consider explo&ive devices in
the same manner as houseplants and Christmas Trees. I regularly walk by
this site, and the thought of all that incendiary material out there in
the open is truly frightening. IYs one thing to seli this kind.of
stuff in a tent if the location is rurai. There is not the same danger
in that kind of location as there is in a dense, urbart area where many
people walk and bicycle.
�
�
.
. Last year, this company did not set up their tent in our neighborhood
because of strong neighborhood opposition. What makes them think that
we have changed our position?
i feel that the City Council must take immediate action to prohibit tent
sales of fireworks in St. Paul in order to protect people from what I
consider to 6e a serious threat, as welf as a potentiat terrorist
target.
Benita Warns
1440 Lafond Avenue
St. Paul, MN 55104-2438
651-641-1037
--Original Message---
From; Yang Zhang Imailto:vanq.zhanqC�ci.stoaul.mn.usl
Sent Tuesday, May 25, 2004 5:32 PM
To: Jane Prince; claireoconnorfa�mcleodusa.net; Warns, Benita B- Eagan,
MN
Subject: Re: TNT Fireworks
Benita and Jane,
• The Zoning Committee did vote to approve the TNT application on May 13.
The full Planning Commission voted and approved the matter on Firday May
21.
Please het me know if you have any additional questions.
Thanks,
Yang
»> "Warns, Benita B- Eagan, MN" <benita.b.warnsCa�usps.qov> 05/25/04
01:05PM »>
I believe that the Zoning Committee was supposed to have voted at last
Thursday's meeting on a recommendation for TNT Fireworks. Have you
received word as to the outcome? When is it schedufed for a vote by the
full Pianning Commission? Please let me know. Thanks.
Benita Warns
CC: Brown, Triesta; O'Connor, Claire; Prince, Jane; Stark, Russ;
Ward1.ADMPO.Admin@ci.stpaul.mn.us; Ward2.ADMPO.Admin@ci.stpaul.mn.us;
Ward3.ADMPO.Admin@ci.stpaul.mn.us; Ward4.ADMPO.Admin@ci.stpaul.mn.us;
WardS.ADMPO.Admin@ci.stpaul.mn.us; Ward6.ADMPO.Admin@ci.stpaul.mn.us;
Ward7.ADMPO.Admin@ci.stpaul.mn. us
u
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O�/-7o3
HAMLINE MIDWAY COALITION
Hamline Park Building � 1564 Lafond Avenue, Saint Paul, IvLN 55104 � 651-646-1986 � Faz 6>i-641-6123 � districtll@gofastnet
July 6, 2004
Councilmember and President Dan Bostrom
St: Paul City Council
Room 320-B
City Hall
15 W. Kellogg
St. Paul MN 55104
On June 15, 2004 our Boazd of Directors, approved a morion supporting the appeal by
Snelling — Hamline Community Council of the Zoning Committee's decision to permit
the sale of fireworks by TNT fireworks in an open tent at 1450 University Avenue.
Although much has happened since that appeal was filed and the matter will come to City
Council for your considerarion after the July 4/Independence Day Celebration in 2004,
we aze forwazding to you a copy of our May 10, 20041etter to PED and provide here
additional observations for your consideration. We would also like to draw attention to
questions raised about the way in which this matter has been handled by Planning and
Economic Development staff.
The attached letter details our objecfions to sale of fireworks supplied and organized by
Eric Robins of TNT Fireworks as a fund raiser. To those details we add:
Traffic. PED, when considering the impact of traffic, states in their resolution of May
13, 2004; "Allowing for one sales tent of inedium size (up to 2,400 sq. ft) for a short term
does not unpact traffic flows" This statement not only disregarded the views of the
neighborhood but fails to consider the current increased traffic and demand for parking
posed by the newly opened Wal Mart and the sales currently underway at Mervyns in
anticiparion of that store's closing.
Safety: Again to quote PED's resolution "does not impact.....public safety issues".
Material provided to us, gaue no informarion on who would be responsible for the sales,
their qualifications, training or supervision. Paper work forwarded to us by PED stated
the sale would be conducted by a church as a fund raiser. In fact, two men with no
affiliation to any church reported to our staff inember that they were hired. Again, how
were they qualified and how was this security issue considered by the Zoning Committee
when making their decision.
Finally, we would like to comment on the manner in which these many concems have
been handled by PED. They are below in chronological order
Mr. Robins, upon his submission to PED, provided material from last year only. In a
phone conversation with me, PED staff confirmed that the material was from the previous
yeaz and that new material did not make it to her office in a timely manner. She then
commented that she would "let it go". The outdated paper work referring to last year's
Dedicated to making the Hamline Midway neighborhood a better plcice to live and work.
30: nou mnmme�ozme paper
04�-703
conditions (traffic, safety, staffing) may explain why the Zoning Committee surprised us
all with a permit given traffic and safety considerations of 2004.
In addition, PED stafFunderstood from our letter of May 10, 2004 and our response to
this proposed sale in 2003 (which was also approved but did not take place) that the
community was firmly against the sale. They were also aware that an appeal to City
Council was forthcoming. In spite of this, PED staff neglected to take the steps needed to
get the matter on the City Council's Agenda.
In summary, HMC's Board of Duectors, residents closest to the Midway Shopping
Center (along Sherburne) other residents of the neighborhood as well as managers of
many of the businesses in the Midway Shopping Center aze opposed to this sale for
reasons sited above and on our May 20031etter.. The Zoning Committee decided there
was no traffic or safety hazazd but they did so with outdated information.
Although the fireworks season for this year is over. We appeal to the City Council to
reverse the Zoning Committee's decision pemutting the open tent sale of fireworks in
future years.
Thank you
1.
� �n �
Claire O'Connor
Executive Director
cc. Rich Dreher, Chair HMC Boazd of Directors
Councilmember 7ay 3enana�
Councilmember Debbie Montgomery
Anneliese Detwiler, Executive Director Snelling-Hamline Community Council
o�-�o�
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>>
��
�LIN� 16�ID�AY COALITIOi�
Hamline Pazk Building � 1564'Lafond Avenue, Saint P�1, MN 55104 � 651-646-1986 � F� 651-641-6123 � distddl l@gofastnet
May 10, 2004
Ms. Gladys Mortbn
City bf Saint Paul — PED
25 VJest Fourth Street
Saint Paul, MN 55104.
Dear Ms. Morton:
TNT Fireworks has again requested a Conditional Use Pernut for a large outdoor tent sale of
fireworks in the Midway. Marketplace at 1450 University Aven�e which we oppose for the
foklowing reasons. � ,
� The potentiaily dangerous material presents a fire and eaplosive hazard,
• Volunteers will have varying degrees of understancling of safety precautions and ability to
prevent sales to minors, _
• A tent with open sides will enable easy and uncontrolled access to these explosives,
• This will again be a fund raiser for an un-named `non-profiY group which we canpresume is
from ontside our community,
• Last.yeaz, two cflurches withdrew from tlie Midway Mazketplace sale because they did not
want to offend the community,. We suggest the 2Q04 un-named `non profiY may not have all
the information it needs to be making an informed choice of ven�es for their fund raiset,
• Hamline Midway Coalifion supports locai business. T`NT Fireworks is not a local business
au3 is proposing a sale in �rect �c�peu�ca with local and esta��isYed businesses in the
Midway Marketplace.
• A tent in the parking lot does not present a positive image of the Snelling �-Iamline and
Hamline Midway neighborhoods or tiie City of Saint Paul.
• The neighborhood is expected to accommodate increased h�affic, other inconvenience and
proliferation of noise and litterang often associated with firework use.
• Further Mr. Robbins, in conversations tliis yeaz and last, has exhibited very little flexibility or
concern for the community and repeatedly.dismisses, as `biased', and `harassing', any
- - --- — - — - --- - _ _ _ --
-- . .. --- — - - - -- -- - - - - — -- _ . _.. _
concerns raise . - -- -
• Fina3ly, we note that Mr. Robbins in malffng his application, neglected to pmvide PED with
current and accurate infoxmation.
Thank you for your consideration
Rich Dreher, Chair, HMC Board of Directors,
Ca Councilmember 7ay Benanav, Eric Robbins, TNT Fireworks, Snelling Hamline Community
Council
Dedicated to making tbe Hamline Madway neighborhood a better place to live ancl u�ork.
w�o���.�<�.
0�-703
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State Fire Marshal Division
444 Cedar Street, Suite 145, St. Paul, Minnesota 55101-5145
Phone:651/215-0500 FAX: 651/215-0525 TTY: 651/282/6555
Internet: http://www.firestate.mn.us.
FIREWORKS FACT SHEET
Alconol &
Gambling
Enforcement
Bureau of
Criminal
Apprehension
Capitol Security
Crime Victim
services
Driver & Vehicle
Services
Emergency
Management /
Emergency
Response
Commission
State Fire
Marshal /
Pipeiine Safety
State Patrol
Traffic Safety
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This fact sheet now includes changes to the fireworks laws made by
the Minnesota Legislature in both 2002 and 2003
SECTION 1 - INTRODUCTION
This fire safety sheet is based upon Minnesota Statute 624.20, which
allows for the public sale, possession and use of a limited number of, but
not ali, consumer fireworks. Its purpose is to provide uniform application
of the 2003 Minnesota State Fire Code (MSFC) and Minnesota Statute
provisions.
More information is available from the State Fire Marshal Division by
calling 651-215-0500. E-mail questions to firecode@state.mn.us or visit
our web page at www.fire.state.mn.us for the latest information on fire in
Minnesota.
SECTION 2— SUMMARY OF CHANGES TO MINNESOTA
FIREWORKS LAWS EFFECTIVE APRIL 30, 2002
2.1 Legal and Illegal Fireworks within Minnesota
The sale, possession and use of some non-explosive and non-aerial
consumer fireworks are uow permitted in Minnesota effective Apri130,
2002. Examples of items that are now permitted include sparklers, cones
and tubes that emit sparks, novelty items like snakes, and party poppers.
Please review the list of examples of legal and illegal fireworks.
These consumer fireworks may not be used on public property (i.e. parks,
roads, alleys, schools, government property, etc.). Purchasers of these
fireworks must be at least eighteen (18) years of age and retailers need to
check photo identification. The sale, possession or use may occur
throughoutthe year.
Explosive and aerial fireworks are still prohibited for public sale,
possession and use in the State of Minnesota. Prohibited fireworks
include, but are not limited to, firecrackers, bottle rockets, missiles, roman
candles, mortars and shells.
Page 1 of 7
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SFMD Fact Sheet-INS-26
Revised March 2, 2004
Page 2 of 7
2.2 Banned Fireworks by Federal Regulations (CFR; Part 15001'n
In addition, the United States Consumer Products Safety Commission (CPSC) has
established a summary of banned fueworks within the United States. This list can be
found within Code of Federal Regulations (CFR) Section 150017. 16 CFR 1500.17
(a)(8) limits firecrackers and other ground devices to 50 mg. of pyrotechnic composition
(powder) designed to produce an audible effect. Firecrackers that exceed this limit,
including but not limited to, illegal devices such as `cherry bombs', `M-80's', `silver
salutes', and other large firecrackers are banned. Kits and components intended to
produce any banned device violates the federal regulations.
16 CFR 1500.17 (a)(3) limits aerial fireworks devices to 130 mg (2 grains) of pyrotechnic
composition intended to produce an audible effect. Aerial devices, which are devices that
are launched into the air then function, that have an audible effect larger than 130mg aze
banned fireworks devices. Once again, kits and components intended to produce any
banned aerial device also violates federalregulations.
Other federal Quidelines under Title 16, Part 1507 of the CFR:
l. Fuses must resist side ignition and must burn for at least 3 but not more than 9
seconds;
2. The fuse must support twice the weight of the device to which it is attached or
the weight plus eight (8) ounces, whichever is less;
3. The shortest dimension of the base of a fireworks device that stands upright
must be at least 1/3 of the overall height of device or must pass a 12 degree tilt
test;
4. Devices must be sealed to prevent leakage of pyrotechnic material at any time;
5. Devices must not e�ibit burnout or blowout;
6. Handles and spikes must be securely attached. Handles must be at least four
(4) inches long, and spikes must be at least two (2) inches long and have a
blunt tip;
7. Wheels must have drivers securely attached;
8. Toy smoke devices must not burst or produce excessive external flame during
operation;
9. Rockets must have sticks which are straight, rigid, and which remain securely
attached;
10. Party poppers must not have more than 0.25 grains of pyrotechnic
composition, nor have paper or plastic inserts which ignite during operation;
11. Fireworks must not contain the following chemicals: arsenic sulfide,
arsenates, arsenites, boron, chlorates, gallates, gallic, acid, magnesium,
mercury salts, phosphorous, picrates, picric acid, thiocyanates, titanium, or
zirconium (See 16 CFR § 1507.2 for exceptions);
12. Large multiple-tube mine and shell devices with any tube measuring 1.5
inches or more in inside diameter must not haue a minimum tip angle of less
than 60 degrees.
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SFMD Fact Sheet-INS-26
Revised March 2, 2004
Page 3 of 7
Additionally, some fireworks are banned if they look like candy, food, or other banned
fireworks devices. Dragon eggs which look like foil wrapped chocolate candy kisses,
cracker balls which look like breakfast cereal, and smoke devices like cherry bombs or
"M-80's" are banned fireworks devices.
2.3 Labeling Requirements for Consumer Fireworks
Cautionary labeling warns consumers of the potential dangers associated with fueworks
and tells them guidelines for use. Consumer Product Safety Commission (CPSC) Title
16 Code of Federal Regulations (CFR) Parts 1500.14 and 1500.83(a)(27) outline the
federal guidelines that are required on consumer fireworks.
1. Every fireworks device must have:
• A label with a signal word, either WARNING or CAUTION;
• A statement describing the hazard(s) associated with the device, such as
`SHOOTS FLAMING BALLS' or `EMITS SHOWERS OF SPARKS';
• Information describing the actions to be followed or avoided in order to store,
handle and use the device safely.
2. 16 CFR & 1500.14(bl(71 includes specific text for the labels of fountains, California
Candles, spike and handle fountains, sparklers, partv poppers, etc.
• The signal word and statement of hazard for every label must appear on the
principal display panel, usually the front panel of the fireworks device.
• This information must be displayed in a prominent and obvious manner.
SECTION 3— Public Display Fireworks
3.1 Public Display Requirements
The requirements outlined for "public" outdoor display fireworks remain unchanged.
However, an amendment to Minnesota Statute 624.22 in the 2003 Legislative session
now requires all indoor firewarks displays to receive a permit from the Minnesota State
Fire Marshal Division, effective May 28. 2003, For further information please review
our web site for the fireworks operator display certification requirements.
SECTION 4— SUMMARY OF CHANGES MADE EFFECTIVE
MAY 28, 2003 RELATING TO LOCAL LICENSE FEES AND
RETAIL STANDS FOR CONSUMER FIl2EWORKS SALES
4.1 NFPA 1124 (2003 Edition)
Effective May 28, 2003, Minnesota Statute 624.20 (re-printed below) was amended to
include wording that limits the license fees that local jurisdictions can charge for
fireworks sales, and that local jurisdictions cannot prohibit a retail stand that complies
with National Fire Protection Association (NFPA) Standard 1124 (2003 Edition).
However, if a local jurisdiction has an ordinance prohibiting transient sales of ANY item
(fruits, vegetables, apparel, fireworks, etc.), this must be complied with. Local
Oy-703
SFMD Fact Sheet-INS-26
Revised March 2, 2004
Page 4 of 7
jurisdictions are not allowed to adopt ordinances that are more restrictive than NFPA
1124 (03) in accordance with Minnesota law.
SECTION 5— FREQUENTLY ASKED QUESTIONS ON
ENFORCEMENT OF TI3E MSFC AS IT RELATES TO FTREWORKS
5.1 Frequently Asked Questions
Although a new law changes the definition of fueworks in Minn. Stat 624.20(c), it does
nothing to change enforcement of the Minnesota State Fire Code (MSFC) as it relates to
these legal consumer fireworks. As a service to the Minnesota Fire Service and the
general public, the State Fire Marshal Division has assembled this list of frequently asked
questions relating to fireworks and the MSFC. This analysis was done in response to a
request by the Minnesota State Fire Chiefls Association.
Question 1— Are local jurisdictions allowed to adopt requirements that exceed the
fire code as it relates to fireworks?
Answer to question 1— No, due to the amendment to Minnesota Statute 624.20
in the 2003 legislative session, local jurisdictions must accept a retail stand that
can prove they comply with National Fire Protection Association Standard 1124
(2003 Edition).
Reference for quesfion i: Minnesota Statute 624.20:
This is contained in SF905 (Regular Session Bills), beginning on line 374.1
Sec. 6. Minnesota Statutes 2002, section 624.20, subdivision 1, is amended to
read: Subdivision 1. (a) As used in sections 624.20 to 624.25, the term
"fireworks" means any substance or combination of substances or article prepared
for the purpose of producing a visible or an audible effect by combustion,
explosion, deflagration, or detonation, and includes blank camidges, toy cannons,
and toy canes in which explosives are used, the type of balloons which require
fire underneath to propel them, firecrackers, torpedoes, skyrockets, Roman
candles, daygo bombs, sparklers other than those specified in paragraph (c), or
other fireworks of like construction, and any fireworks containing any explosive
or inflammable compound, or any tablets or other device containing any explosive
substance and commonly used as fireworks. (b) The term "fireworks" shall not
include toy pistols, toy guns, in which paper caps containing 25/100 grains or less
of explosive compound are used and toy pistol caps which contain less than
20/100 grains of explosive mixture. (c) The term also does not include wire or
wood spazklers of not more than 100 grams of mixture per item, other sparkling
items which are nonexplosive and nonaerial and contain 75 grams or less of
chemical mixture per tube or a total of 200 grams or less for multiple tubes,
snakes and glow worms, smoke devices, or trick noisemakers which include paper
streamers, party poppers, string poppers, snappers, and drop pops, each consisting
of not more than twenty-five hundredths grains of explosive mixture. The use of
0+�-703
SFMD Fact Sheet-INS-26
Revised March 2, 2004
Page 5 of 7
items listed in this pazagaph is not permitted on public property. This paragraph
does not authorize the purchase of items listed in it by persons younger than 18
yeazs of age. The age of a purchaser of items listed in this pazagraph must be
verified by photographic identification. (d) A local unit of government may
impose an annual license fee for the retail sale of items authorized under
paragraph (c). The annual license fee of each retail seller that is in the business of
selling only the items authorized under paragraph (c) may not exceed $350 and
the annual license of each other retail seller may not exceed $100. A local unit of
government mav not: (1) impose any fee or charge, other than the fee authorized
by this paragraph, on the retail sale of items authorized under paragraph (c); �2,2
prohibit or restrict the displav of items for permanent or tem orarv retail sale
authorized under para ra h(c that comply with National Fire Protection
Association Standard 1124 (2003 editionl: or (3) impose on a retail seller any
financial guarantee requirements, including bonding or insurance provisions,
containing restrictions or conditions not imposed on the same basis on all other
business licensees. [EFFECTIVE DATE.] This section is effective the day
following final enactment.
Question 2— Can local jurisdictions require a permit for fireworks retail sale or
storage, just as they do for hazardous materials or high piled storage?
Answer to question 2— Yes. The MSFC and Minnesota Statute currently allows
for permits to be obtained for retail firework sales. Minnesota Statute 624.20 sets
the masimum permit charge for retail stands sellin�onlv fireworks to be capped
at $350/year. For other retailers (i.e. Target, Wal-Mart, gas stations, etc.) that sell
retail fireworks, the masimum permit fee is capped at $100.
Reference for question 2: Minnesota Statute 624.20
Question 3— Can a code official require additional fire protection systems in
addition to what is required by NFPA ll24 (03) in retail sales occupancies?
Answer to question 3: No, the way Minnesota law currently reads in state
statute, local jurisdictions must accept a retail stand that can prove they comply
with the requirements outlined in NFPA 1124 (2003 Edition).
Reference for question 3: Minnesota Statute 624.20
Question 4— Can a code official limit smoking in retail sales buildings, warehouses
or tents containing fireworks?
Answer to question 4: Yes. No smoking shall be conducted within 50 feet of the
consumer fireworks retail area.
Reference for question 4: NFPA 1124 (03) Section 7.6.5.1
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SFMD Fact Sheet-INS-26
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Questions 5— Can a code official prevent fireworks from being sold in tents or road
side stands?
Answer to quesrion 5: Yes. If a city has a local ordinance in place prohibiting
transient sales, the local regulation can prohibit a road side stand or tent within
their jurisdiction. Bear in mind, the local ordinance must ban ALL transient sales
of any item, not just limit it to fireworks. However, NFPA 1124 does not prohibit
tents or roadside stands. A code official cannot deny a permit to an applicant as
long as they can prove they comply with NFPA 1124 (03). However, they must
comply with ail of the requirements within NFPA 1124 (03) for temporary stands.
Reference for question 5: NFPA 1124 (03) Section 7.7.2
Question 6— Does Chapter 33 (Explosives and Fireworks) of the MSFC apply to the
manufacture, storage and transportation of fireworks?
Answer to question 6: Yes, Chapter 33 (Explosives and Fireworks) of the
MSFC applies to possession, manufacture, storaee, handlin�, sale and use of
e�losives explosive materials displav fireworks and small anns ammunition.
There are some exceptions listed under MSFC (03) Section 3301.1, so please read
cazefully.
Reference for question 6: MSFC (03) 33011.
Questions 7— Does the MSFC consider fireworks to be flammable solids and subject
them to the reqairements for H occupancies when storing above the 125-pound timit
in Chapter 27?
Answer to question 7: No. Although this may appear to be a possible
enforcement option, the definitions in the MSFC for flammable solid do not
support such a determination. Also, the examples found in Appendix E, make no
mention of fireworks being a flammable solid. In summary, the State Fire
Marshal does not recommend using this reference in relation to consumer
fireworks.
Reference for question 7:
MSFC Definitions - FLAMMABLE SOLID- A solid, other than a blasting
agent or explosive, that is capable of causing fire through friction, absorption or
moisture, spontaneous chemical change, or retained heat from manufacturing or
processing, or which has an ignition temperature below 212°F (100°C) or which
burns so vigorously and persistently when ignited as to create a serious hazard. A
chemical shall be considered a flammable solid as detenmined in accordance with
the test method of CPSC 16 CFR; Part 1500.44, if it ignites and burns with a self-
sustained flame a greater than 0.1 inch (2.Smm) per second along its major asis.
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Sk'MD Fact Sheet-INS-26
Revised March 2, 2004
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Appendig E
E102.1.4 Flammable solids. Examples Include:
1. Organic solids. E�camples: camphor, cellulose nitrate and napthalene.
2. Inorganic solids. Examples: decaborane, lithium amide, phosphorous
heptasulfide, phosphorous sesquisulfide, potassium sulfide, anhydrous sodium
sulfide and sulfur.
3. Combustible metais (except dusts and powders). Examples: cesium,
magnesium and zirconium.
4. Combustible dusts and powders (including metals). Examples: wood sawdust,
plastics, coal, flour and powdered metals (few exceptions).
5. Combustible fibers.
Question 8— Is the chief allowed to prohibit the use of fireworks in hazardous fire
areas?
Answer to question 8: Yes. The code official is authorized to prohibit the
discharge of fireworks within 300 feet from a consumer fireworks retail stand.
Reference for question 8: NFPA 1124 (03) Section 7.6.4