The URL can be used to link to this page

12/19/2022 - City Council - Regular - Agendas CITY OF SPRING PARK CITY COUNCIL AGENDA DECEMBER 1952022 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ADOPT MEETING AGENDA 4. ADOPT CONSENT AGENDA* a. Approve Regular City Council Meeting Minutes from December 5,2022 b. Approve December 19,2022 - Claims for Payment 5. PUBLIC FORUM** 6. PRESENTATIONS&GUEST SPEAKERS 7. PUBLIC HEARINGS a. Set Public Hearing Date for Conditional Use Permits of the Yacht Club: Ianuary 12023 8. PETITIONS,REQUESTS,&APPLICATIONS 9. ORDINANCES &RESOLUTIONS a. Resolution 23-01: Naming Official Depository b. Resolution 23-02: Establishing Order of Business c. Resolution 23-03: Meeting Dates,Times,Holidays d. Resolution 23-04: Preauthorizing Certain City Payments e. Resolution 23-05: Credit Card Use f. Ordinance 22-08: Establishing THC Licensing g. Ordinance 22-07: Amending Tobacco Ordinance 10. REPORTS OF OFFICERS AND COMMITTEES a. Mayor&Council b. City Staff 11. NEW BUSINESS &COMMUNICATIONS 12. CLAIMS FOR PAYMENT 13. UPCOMING MEETINGS &TRAINING a. January 03,2023 -City Council Regular Meeting—6:30PM b. January 11,2023 -Planning Commission Meeting—6:OOPM c. January 17,2023 -City Council Regular Meeting—6:30PM d. January 17,2023 -City Council Work Session—5:30PM 14. MISCELLANEOUS (,INFORMATION ONLY 15. ADJOURNMENT *The Consent Agenda lists those items of business which are considered to be routine,recommended for approval,and/or which need no discussion. The several separate items listed on the Consent Agenda are acted upon by one motion.There will be no separate discussion of these items unless a Council Member makes a request,in which event the item will be removed from the Consent Agenda and placed elsewhere on the regular agenda for Council discussion and action. **Under Public Forum individuals may address the City Council about any item not contained on the regular agenda.Each speaker should keep their statements to three minutes to allow sufficient time for others.The Council will take no official action on items discussed at the forum,with the exception of referral to staff for future report. CITY OF SPRING PARK CITY COUNCIL MINUTES DECEMBER 5, 2022 — 7:00 PM SPRING PARK SPRING PARK CITY HALL On Lake Minnetonka 1. CALL TO ORDER The meeting was called to order at 7:00p.m. Council Member's Hughes, Hoffman, and Horton were present. Council Member Chase was absent. Staff Present: City Administrator Anderson, City Engineer Nielson 2. PLEDGE OF ALLEGIANCE Mayor Rockvam led the audience in the Pledge of Allegiance. 3. ADOPT MEETING AGENDA Council Member Horton made a motion, seconded by Council Member Hughes, to adopt the meeting agenda as presented. On vote being taken, the motion n as unanimously approved. 4. ADOPT CONSENT AGENDA* Council Member Horton motioned, being seconded by Council Member Hoffman to: a. Approve Regular City Council minutes from November 21, 2022 b. Approve Work Session minutes from November 21, 2022 c. Approve December 5, 2022 - Claims for Payment On vote being taken, the motion was unanimously approved. 5. PUBLIC FORUM** - Three residents came forward to share their concerns for the property tax and levy increases. Mayor Rockvam noted that we will be discussing in further detail under 9b. 6. PRESENTATIONS & GUEST SPEAKERS - none 7. PUBLIC HEARINGS - none 8. PETITIONS, REQUESTS, &APPLICATIONS —none 9. ORDINANCES & RESOLUTIONS: a. Resolution #22-26: Adopting 2023 General Fund Budget City Administrator Anderson explained the increase in the General Fund Budget and Tax Levy. He stated the increase is needed to cover the cost increase associated with the public works contract, park improvements, and road reconstruction projects that are required due to aging infrastructure, replacement of streetlights, and undergrounding of utilities. Council Member Hoffman motioned, being seconded by Council Member Horton, to approve Resolution #22-26; Adopting 2023 General Fund Budget. On roll call, the motion was unanimously approved;Hoffman—yes, Hughes—yes, Horton—yes, Rockvam—yes. b. Resolution #22-27: Adopting 2023 Final Tax Levy Council Member Homan motioned, being seconded by Council Member Hughes, to approve Resolution #22-27.- Adopting 2023 Final Tax Levy. On vote being taken, the motion was unanimously approved. 10. REPORTS OF OFFICERS AND COMMITTEES a. Mayor& Council: Mayor Rockvam read an appreciation proclamation for Council Member Gary Hughes as his last council meeting will be December 19, 2022. b. City Staff: City Administrator Anderson recommended Gary Hughes to stay on as the City representative for the fire commission. Gary agreed and Council approved. He also provided a reminder of the holiday lighting ceremony. c. Contract Staff. City Engineer Nielson stated the residents on WAW requested an additional streetlight at the end of WAW. It was noted that we could put in one on a pole for free or install a matching one for $750.00. Council agreed. 11. NEW BUSINESS & COMMUNICATIONS a. Order of Business Discussion: City Administrator presented a new order of business that he would like to implement starting the beginning of the year. Council agreed. 12. UPCOMING MEETINGS &TRAINING a. December 08, 2022 - Holiday Lighting at City Hall- 5:OOPM b. December 14, 2022 - Planning Commission Meeting/Public Hearing- 6:OOPM c. December 19, 2022 - City Council Work Session - 6:OOPM d. December 19, 2022 - Regular City Council Meeting- 7:OOPM 13. MISCELLANEOUS (INFORMATION ONLY" 14.ADJOURNMENT There being no further discussion, Council Member Hoffman made a motion, being seconded by Council Member Horton, to adjourn the meeting at 7.50p.m. On vote being taken, the motion was unanimously approved. Jamie Hoffman, City Clerk Mike Anderson, City Administrator City of Spring Park 12/19/2022 Staff Payroll Checks#33111-33137 and EFT Payments Check# Employee/Council Name Check Amount Check Date 5974 Anderson,Mike D. $2,912.07 12/15/2022 5975 Hoffman,Jamie K. $2,268.86 12/15/2022 5976 Xion ,Patria $1,908.86 12/15/2022 Sub Total $7,089.79 Chase,Mark Hoffman,Jeff Horton,Pam Hughes,Gary Rockvam,Jerty Sub Total $0.00 Electronic Misc.Disbursements EFT#30907 PERA Em to er Payroll Payment for 12/15/2022 $1,297.54 12/19/2022 EFT#30908 FICA Employee/Employer Payroll Withholding Taxes for 12/15/2022 $1,843.98 12/19/2022 EFT#30909 Nov.22'Wells Faro Monthly Bank Charge $79.92 12/12/2022 EFT#30910 Nov.22'PSN monthly fee for(Payment Services Network) $228.95 12/5/2022 EFT#30911 Nov.22'Sales&Use Taxes collected-3rd Qtr.Bus.Utility Payments $1,228.00 12/19/2022 EFT#30912 Jan.23'Health Partners Insurance Premium $3,986.86 12/19/2022 Sub Total $8,665.25 Claims:Ck#33111-33137 $92 306.10 12/15/2022 TOTALS $108,061.14 CITY OF SPRING PARK 12/15/22 4:19 PM Page 1 *Check Summary Register© Batch: 1201221ndigoEscrow,120822PAY Name Check Date Check Amt 10100 Wells Fargo Bank NA 33111 DESIGNERS OUTLOOK LLC 12/1/2022 $500.00 Escrow Return for Sign Permit No.22-05SIGN f 33112 CENTERPOINT ENERGY 12/15/2022 $990.86 Gas Usage for WTP 10/21/22-11/18/22 33113 CIVICPLUS, LLC 12/15/2022 $994.32 Administrative Support Fee 12/1/2022-11/30/20 33114 DENCO SERVICES HEATING&C 12/15/2022 $602.28 City Hall Furnace Repair on 12/05/22 33115 ECM PUBLISHERS, INC. 12/15/2022 $165.01 Publish Ordinance No.22-07 33116 FIVE TECHNOLOGY, INC. 12/15/2022 $2,625.00 Aug-Dec 22'Monthly IT Managed Utility Servi 33117 GOOD TO BE HOME CLEANING 12/15/2022 $250.00 Nov.22'City Hall Cleaning Services 33118 HENNEPIN CNTY TREASURER 12/15/2022 $1,011.60 OmniBallot(2)and DS200(3)Maintenance 33119 HENNEPIN CNTY TREASURER 12/15/2022 $394.44 Nov.2022 Election PVCs(344),Supplies, Gene 33120 GREGORY E.KELLER, P.A. 12/15/2022 $1,000.00 Dec.22'Prosecution Services 33121 KODIAK POWER SOLUTIONS 12/15/2022 $122.50 Service check at LS#1 -Found no issues 33122 LAKE MTKA.CONSERVATION DI 12/15/2022 $1,231.50 LMCD 4th Qtr.2022 Levy Payment 33123 LOFFLER COMPANIES, INC. 12/15/2022 $240.35 Copier Usage Agreement 10/22/22-11/21/22 33124 MEDIACOM,LLC 12/15/2022 $355.90 Internet Services 12/11/22-01/10/23 33125 MN DEPT OF HEALTH 12/15/2022 $899.00 4th Qtr.22'Community Water Supply Service 33126 MN RURAL WATER ASSOC. 12/15/2022 $420.00 Annual MN Rural Water Assn. Membership Fe 33127 MNSPECT,LLC 12/15/2022 $3,027.71 Nov.22'Residential&Commercial Inspections/ 33128 NORLINGS LAKE MTKA LANDSC 12/15/2022 $7,216.65 2022 Landscape Services for Holiday Lights on 33129 NORTHWEST ASSOC.CONSULT. 12/15/2022 $4,101.80 Nov.22'Planning Services-Meetings 3 hrs. 33130 CITY OF ORONO 12/15/2022 $55,606.16 Nov.22'Contracted Police Services 33131 PITNEY BOWES GLOBAL FIN.SE 12/15/2022 $184.44 Leasing Charges for 09/30/22-12/29/22 33132 REPUBLIC SERVICES, INC 12/15/2022 $1,635.82 Nov.22'Residential Recycling Services 11/01- 33133 SAMBATEK, INC. 12/15/2022 $1,725.50 Engi.Fees-General Services/Meetings 10/16/2 33134 SPECIALIZED ENVIROMENTAL T 12/15/2022 $221.00 Nov.22'Spring Park Resident Yard Waste Dis 33135 THE LEADERSHIP GROWTH GR 12/15/2022 $600.00 2023 Leadership Growth Group Series for Mike 33136 US BANK 12/15/2022 $1,204.03 Nov.22'Microsoft and Adobe Fee 33137 XCEL ENERGY 12/15/2022 $4,980.23 Electric Usage for Co-Owned Street Lights 10/2 Total Checks $92,306.10 CITY OF SPRING PARK 12/15/22 4:50 PM Page 1 *Check Detail Register© Batch:120122indigoEscrow,120822PAY Check# Check Date Vendor Name Amount Invoice Comment 10100 Wells Fargo Bank NA 33111 12/01/22 DESIGNERS OUTLOOK LLC G 101-21700 Escrow Account $500.00 22-05SIG Escrow Return for Sign Permit No.22-05SIGN for a permanent sign Total $500.00 33112 12/15/22 CENTERPOINT ENERGY E 601-49400-381 Utilities/Electric/Gas $303.75 111822A Gas Usage for WTP 10/21/22-11/18/22 E 101-41900-381 Utilities/Electric/Gas $128.81 111822B Gas Usage for City Hall 10/21/22-11/18/22 E 602-49450-381 Utilities/Electric/Gas $558.30 111822C Gas Usage for Lift#1-6 10/21/22-11/18/22 Total $990.86 33113 12/15/22 CIVICPLUS,LLC E 101-41500-119 Ordinance Codification $225.00 244401 Administrative Support Fee 12/1/2022-11/30/2023 E 101-41500-119 Ordinance Codification $769.32 247578 42 Municode Pages and 2 copies of supplement No.12 to The Code of Ordinance Total $994.32 33114 12/15/22 DENCO SERVICES HEATING&COOLING E 1 01-41 900-401 Repairs/Maint Buildings $602.28 112822 City Hall Furnace Repair on 12/05/22 Total $602.28 33115 12/15/22 ECM PUBLISHERS,INC. E 101-41600-353 Ordinance Publication $49.50 923158 Publish Ordinance No.23-01 E 101-41600-353 Ordinance Publication $53.63 923159 Publish Ordinance No.22-06 E 101-41600-353 Ordinance Publication $61.88 923160 Publish Ordinance No.22-07 Total $165.01 33116 12/15/22 FIVE TECHNOLOGY,INC. E 101-41500-330 IT Technology Support $875.00 11222-16 Aug-Dec 22'Monthly IT Managed Utility Service E 601-49400-330 IT Technology Support $875.00 11222-16 Aug-Dec 22'Monthly IT Managed Utility Service E 602-49450-330 IT Technology Support $875.00 11222-16 Aug-Dec 22'Monthly IT Managed Utility Service Total $2,625.00 33117 12/15/22 GOOD TO BE HOME CLEANING SERVI E 101-41900-310 Contracted Services $250.00 1145 Nov.22'City Hall Cleaning Services Total $250.00 33118 12/15/22 HENNEPIN CNTY TREASURER E 101-41410-437 Other Miscellaneous $1,011.60 22MainSPK OmniBallot(2)and DS200(3)Maintenance Total $1,011.60 33119 12/15/22 HENNEPIN CNTY TREASURER E 101-41410-437 Other Miscellaneous $394.44 2022SPK Nov.2022 Election PVCs(344),Supplies,General Ballots and Courier Total $394.44 33120 12/15/22 GREGORY E.KELLER,P.A. E 101-42000-304 Legal Fees $1,000.00 121522 Dec.22'Prosecution Services Total $1,000.00 33121 12/15/22 KODIAK POWER SOLUTIONS CITY OF SPRING PARK 12/15/22 4:51 PM Page 2 *Check Detail Register© Batch:1201221ndigoEscrow,120822PAY Check# Check Date Vendor Name Amount Invoice Comment E 602-49450-491 LS Repair/Maint $122.50 10752875 Service check at LS#1 -Found no issues Total $122.50 33122 12/15/22 LAKE MTKA.CONSERVATION DIST. E 101-42100-310 Contracted Services $1,231.50 2022Q4SPar LMCD 4th Qtr.2022 Levy Payment Total $1,231.50 33123 12/15/22 LOFFLER COMPANIES,INC. E 101-41500-413 Office Equipment/Rental $80.11 4201729 Copier Usage Agreement 10/22/22-11/21/22 E 601-49400-413 Office Equipment/Rental $80.12 4201729 Copier Usage Agreement 10/22/22-11/21/22 E 602-49450-413 Office Equipment/Rental $80.12 4201729 Copier Usage Agreement 10/22/22-11/21/22 Total $240.35 33124 12/15/22 MEDIACOM,LLC E 101-42000-324 Internet Service $118.63 121522 Internet Services 12/11/22-01/10/23 E 601-49400-324 Internet Service $118.64 121522 Internet Services 12/11/22-01/10/23 E 602-49450-324 Internet Service $118.63 121522 Internet Services 12/11/22-01/10/23 Total $355.90 33125 12/15/22 MN DEPT OF HEALTH E 601-49400-306 Testing Fees $899.00 121422 4th Qtr.22'Community Water Supply Service Connection Fee(10/01/22-12/31/22) Total $899.00 33126 12/15/22 MN RURAL WATER ASSOC. E 601-49400-433 Membership/Dues/Edu $420.00 120922 Annual MN Rural Water Assn. Membership Fee for 2/23 thru 1/24 Total $420.00 33127 12/15/22 MNSPECT,LLC E 101-42400-310 Contracted Services $2,750.74 0094424-IN-A Nov.22'Residential&Commercial Inspections/Permit Fees/General Fees/Staff Meeting E 101-42400-305 Plan Check Fees $254.47 0094424-IN-B Nov.22'Plan Check Fees E 101-42400-310 Contracted Services $22.50 0094440-IN Nov.22'Code Enforcement Services Total $3,027.71 33128 12/15/22 NORLINGS LAKE MTKA LANDSCAPE E 101-41940-432 Landscaping/Gardens/Mai $4,291.65 40791 Nov.22'Landscapre Services Job#M605 E 101-41940-432 Landscaping/Gardens/Mai $2,925.00 40842 2022 Landscape Services for Holiday Lights on/around City Hall-Job No. M660 Total $7,216.65 33129 12/15/22 NORTHWEST ASSOC.CONSULT.,INC E 101-41900-310 Contracted Services $3,130.50 26107-1 Nov.22'Planning Services-Yacht Club CUP 17.70 hrs E 101-41900-310 Contracted Services $821.30 26107-2 Nov.22'Planning Services-General-4.30 hrs E 101-41900-310 Contracted Services $150.00 26108 Nov.22'Planning Services-Meetings 3 hrs. Total $4,101.80 33130 12/15/22 CITY OF ORONO E 101-42000-310 Contracted Services $39,689.49 20142144A Nov.22'Contracted Police Services E 101-41510-310 Contracted Services $5,305.55 20142144B Nov.22'Public Works Services CITY OF SPRING PARK 12/15/22 4:51 PM Page 3 *Check Detail Register© Batch:1201221ndigoEscrow,120822PAY Check# Check Date Vendor Name Amount Invoice Comment E 601-49400-310 Contracted Services $5,305.56 20142144E Nov.22'Public Works Services E 602-49450-310 Contracted Services $5,305.56 20142144E Nov.22'Public Works Services Total $55,606.16 33131 12/15/22 PITNEY BOWES GLOBAL FIN.SER.LLC E 101-41500-413 Office Equipment/Rental $61.48 3105812235 Leasing Charges for 09/30/22-12/29/22 E 601-49400-413 Office Equipment/Rental $61.48 3105812235 Leasing Charges for 09/30/22-12/29/22 E 602-49450-413 Office Equipment/Rental $61.48 3105812235 Leasing Charges for 09/30/22-12/29/22 Total $184.44 33132 12/15/22 REPUBLIC SERVICES,INC E 101-42900-310 Contracted Services $1,494.60 0894-005994 Nov.22'Residential Recycling Services 11/01- 11/30 E 101-41900-384 Refuse/Garbage Disposal $50.98 0894-005999 City Hall Garbage Pick-Up 12/01-01/31 E 101-45200-384 Refuse/Garbage Disposal $90.24 0894-005999 City Parks Garbage Pick-Up 12/01-01/31 Total $1,635.82 33133 12/15/22 SAMBATEK,INC. E 101-41910-303 Engineering Fees $815.50 23240 Engi.Fees-General Services/Meetings 10/16/22- 11/05/22 E 201-43100-529 Black Lake Rd Feasibility $770.00 23241 Engi.Fees- Black Lake Road 10/16/22-11/05/22 E 201-43100-528 Road Pavement Project 2 $140.00 23242 Engi. Fees-West Arm Road Pavement Project 10/16/22-11/05/22 Total $1,725.50 33134 12/15/22 SPECIALIZED ENVIROMENTAL TECHN E 101-42800-310 Contracted Services $221.00 121322 Nov.22'Spring Park Resident Yard Waste Disposal at Mulch Store Total $221.00 33135 12/15/22 THE LEADERSHIP GROWTH GROUP E 101-41500-433 Membership/Dues/Edu $600.00 23313 2023 Leadership Growth Group Series for Mike Anderson Total $600.00 33136 12/15/22 US BANK E 101-41500-207 Computer Support/Supplie $25.37 120622A Nov.22'Microsoft and Adobe Fee E 601-49400-207 Computer Support/Supplie $25.37 120622A Nov.22'Microsoft and Adobe Fee E 602-49450-207 Computer Support/Supplie $25.38 120622A Nov.22'Microsoft and Adobe Fee E 101-41410-200 Office Supplies $150.86 120622E Purchase of General Election Nov.22'supplies, drinks,snack,and lunch E 101-41410-437 Other Miscellaneous $194.76 120622B Purchase of General Election Nov.22'supplies, drinks,snack,and lunch E 101-41500-437 Other Miscellaneous $537.69 120622C Purchase of Holiday Lighing 2022 postcards, postage,gift bags E 101-41500-322 Postage&Meter $244.60 120622C Purchase of Holiday Lighing 2022 postcards, postage,gift bags Total $1,204.03 33137 12/15/22 XCEL ENERGY E 101-43100-381 Utilities/Electric/Gas $14.77 1003692641 Electric Usage for Unit X-Mas Lights 10/24/22- 11/22/22 E 101-43100-381 Utilities/Electric/Gas $121.24 1003773418 Electric Usage for Traffic Signal at 4468 Shoreline Drive 10/24/22-11/22/22 CITY OF SPRING PARK 12/15/22 4:51 PM Page 4 *Check Detail Register© Batch:1201221ndigoEscrow,120822PAY Check# Check Date Vendor Name Amount Invoice Comment E 602-49450-381 Utilities/Electric/Gas $87.06 1005649366 Electric Usage for Lift#5 12/24/22-11122/22 E 602-49450-381 Utilities/Electric/Gas $125.71 1005649811 Electric Usage for Lift#3 10/24/22-11/11/22 E 602-49450-381 Utilities/Electric/Gas $454.27 1005650337 Electric Usage for Lift#6 10/23/22-11/21/22 E 101-43100-381 Utilities/Electric/Gas $248.69 1005652182 Electric Usage for Central&North Street Lights 10/24/22-11/21/22 E 602-49450-381 Utilities/Electric/Gas $137.90 1005652991 Electric Usage for Lift#1 -10/23/22-11/21/22 E 602-49450-381 Utilities/Electric/Gas $24.28 1005654678 Electric Usage for Lift#4 10/24/22-11/22/22 E 101-43100-381 Utilities/Electric/Gas $67.03 1005658889 Electric Usage for 4300 Shoreline Street Lights 10/24/22-11/22/22 E 101-43100-381 Utilities/Electric/Gas $238.89 1005659097 Electric Usage for City Hall 10/24/22-11/22/22 E 602-49450-381 Utilities/Electric/Gas $197.00 1005660072 Electric Usage for Lift#2 10/23/22-11/21/22 E 101-43100-381 Utilities/Electric/Gas $629.94 1005661014 Electric Usage for Co-Owned Street Lights 10/24/22-11/22/22 E 601-49400-381 Utilities/Electric/Gas $2,353.12 1005661031 Electric Usage for WTP 10/24/22-11/23/22 E 101-43100-381 Utilities/Electric/Gas $204.98 1005662112 Electric Usage for Signal&East Street Lights 10/24/22-11/11/22 E 101-43100-381 Utilities/Electric/Gas $75.35 1005664395 Electric Usage for West Street Lights 10/24/22- 11/22/22 Total $4,980.23 10100 Wells Fargo Bank NA $92,306.10 Fund Summary 10100 Wells Farao Bank NA 101 GENERAL FUND $72,780.87 201 PUBLIC IMPROV REVOLVING FUND $910.00 601 WATER FUND $10,442.04 602 SEWER FUND $8,173.19 $92,306.10 City of Spring Park Resolution No.23-07 Meeting of January 3,2023 Page 1 CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 23-07 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A HOTEL WITHIN A C-4 COMMERCIAL OFFICE ZONING DISTRICT AT 4165 SHORELINE DRIVE WITHIN THE CITY OF SPRING PARK WHEREAS,the property at 4165 Shoreline Drive is zoned C-4 Commercial Office District which allows for a hotel by conditional use permit; and WHEREAS,Yachtzee Holdings, LLC has submitted a conditional use permit application and plans sets for the development of a hotel at 4165 Shoreline Drive: and WHEREAS, City Staff have reviewed submitted application, narrative and plans and prepared a planning report dated December 5, 2022; and WHEREAS,the Spring Park Planning Commission met and held a public hearing on December 14, 2022 to consider the conditional use request, the staff reports, and to take public testimony. WHEREAS,upon closing the public hearing, the Planning Commission recommended that the City Council approves the Conditional use permit for a hotel at 4165 Shoreline Drive subject to the conditions outlined in the December 5, 2022, Planning Report as amended and based on the following findings: 1. The site is guided for commercial land use in the Spring Park 2040 Comprehensive plan, The proposed hotel use is consistent with both the guided land use and policies of the City Comprehensive plan. 2. The site is zoned C-4 Commercial Office District which allows hotels as a conditional use. 3. The proposed project narrative and plan set dated 10/03/2022,complies with the performance standards of the C-4 zoning district. 4. The building meets the design standards of the City. 5. The site design provides for access,parking, and site circulation patterns for the proposed use. 6. The site design provides for a compatible relationship with adjacent properties. 7. The proposed use will not overburden City utilities or services. 8. The traffic generation from the site is within the capacity of the public streets. WHEREAS, the Spring Park City Council met on January 3, 2023, to consider the conditional use permit application; and City of Spring Park Resolution No.23-07 Meeting of January 3,2023 Page 2 WHEREAS,the Spring Park City Council has received the aforementioned plans, staff review documents, and the Planning Commission recommendation, and agrees with the findings and recommendation of the Planning Commission. NOW,THEREFORE,BE IT RESOLVED that the City Council of Spring Park, Minnesota hereby approves the conditional use permit for a hotel to be located at 4165 Shoreline Drive in Spring Park per the narrative and plans sets for the hotel dated 10/03/2023, subject to the following conditions: 1. All applicable American Disability Act (ADA)requirements related to parking, site and building access shall be satisfied. 2. Docks associated with the proposed hotel use shall be subject to review and approval by the Lake Minnetonka Conservation District. 3. The parking of boat trailers upon the subject site are prohibited. Applicant shall provide additional information regarding trailer access and egress of the trailer storage site and verification that the proposed storage site is allowed to conduct trailer storage. 4. The width of the 60-degree parking stalls located along the site's north property line shall be expanded from 7.5 feet to 9 feet in width. (Loss of two parking stalls) 5. The compact parking along the east lot line across from the curb island containing the oak tree shall be reduced by one stall with the remaining stalls widened to 9 feet. (Loss of one parking stall) 6. The elimination or redesign of two parking stalls identified in the December 5, 2022, planning report to increase the maneuvering areas for trucks leaving the site. (Loss of two parking stalls) 7. If it is demonstrated that hotel or restaurant patrons are illegally trespassing and parking on private property, beyond 4165 Shoreline Drive, the City reserves the right to require the Yacht Club to pursue a conditional use permit for off-site parking. 8. The turning radius of the row end parking lot striping located near the northwest corner of the building shall be reduced to provide additional area for truck turning movements. 9. The City approves the removal of the oak tree in the southwest portion of the parking lot. The applicant shall convert this area into parking and wider drive aisles and add vertical planting (trees or shrubs) along the edge of the parking lot at the southwest corner of the building to screen the lights and activities within the outdoor dining area. City of Spring Park Resolution No.23-07 Meeting of January 3,2023 Page 3 10. The entire hotel sun deck, pool and fire pit area shall be enclosed with a fence or railing to restrict access for their exclusive use by hotel guests and yacht club members. The applicant shall provide details on locations and design of fences/ railings, gates, latches, and security providing access and egress to the hotel outdoor activity areas. The hotel outdoor activity areas shall be closed after 10:00 PM. 11. The landscape plan be revised to install turf and shrubs in the area east of the pool instead of sand to provide plantings in the shoreland impact zone, storm water absorption and to prevent erosion. 12. Rooftop mechanical equipment shall be screened from view of adjacent properties and public rights-of-way (Shoreline Drive). 13. The trash enclosure shall be remotely locked to prevent access. Access to the trash enclosure shall take place only between the hours of lam and 1 Opm on weekdays and Sam and 8pm on weekends and holidays. 14. Issues related to grading, drainage and utilities shall be subject to comment and recommendation by the City Engineer. 15. The Applicant shall provide a project phasing plan that illustrates the phased build out of the final master plan with interim plans showing the continued office tenants within the building. The phasing plan shall illustrate the required amount of parking needed for all building uses per the City Code for the duration of the phasing plan. 16. Prior to issuance of a building permit, the Applicant shall provide a construction staging plan compliant with Section 42-75 of the Spring Park Zoning Code. Construction staging shall not interfere with the on-going active uses on the site. Adopted by the City Council of the City of Spring Park this day of , 2023. By: Jerome P. Rockvam, Mayor Attest: Jamie Hoffinan, City Clerk City of Spring Park Resolution No.23-08 Meeting of January 3,2023 Page 1 CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 23-08 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RESTAURANT WITHIN A C-4 COMMERCIAL OFFICE ZONING DISTRICT AT 4165 SHORELINE DRIVE WITHIN THE CITY OF SPRING PARK WHEREAS,the property at 4165 Shoreline Drive is zoned C-4 Commercial Office District which allows for a restaurant by conditional use permit; and WHEREAS,Yachtzee Holdings LLC has submitted a conditional use permit application and plans sets for the development of a restaurant at 4165 Shoreline Drive: and WHEREAS, City Staff have reviewed submitted application, narrative and plans and prepared a planning report dated December 5,2022; and WHEREAS,the Spring Park Planning Commission met and held a public hearing on December 14, 2022 to consider the conditional use request, the staff reports, and to take public testimony. WHEREAS,upon closing the public hearing, the Planning Commission recommended that the City Council approves the conditional use permit for a restaurant at 4165 Shoreline Drive subject to the conditions outlined in the December 5,2022, Planning Report as amended and based on the following findings: 1. The site is guided for commercial land use in the Spring Park 2040 Comprehensive plan,The proposed restaurant use is consistent with both the guided land use and policies of the City's Comprehensive plan. 2. The site is zoned C-4 Commercial Office District which allows restaurant's as a conditional use. 3. The proposed project narrative and plan set dated 10/03/2022,complies with the performance standards of the C-4 zoning district. 4. The building meets the design standards of the City. 5. The site design provides for access,parking, and site circulation patterns for the proposed use. 6. The site design provides for a compatible relationship with adjacent properties. 7. The proposed use will not overburden City utilities or services. 8. The traffic generation from the site is within the capacity of the public streets. WHEREAS, the Spring Park City Council met on January 3, 2023, to consider the conditional use permit application; and City of Spring Park Resolution No.23-08 Meeting of January 3,2023 Page 2 WHEREAS,the Spring Park City Council has received the aforementioned plans, staff review documents, and the Planning Commission recommendation, and agrees with the findings and recommendations of the Planning Commission. NOW,THEREFORE,BE IT RESOLVED that the City Council of Spring Park, Minnesota hereby approves the conditional use permit for a restaurant to be located at 4165 Shoreline Drive in Spring Park per the narrative and plans sets for the restaurant dated 11/03/2022, subject to the following conditions: 1. All applicable American Disability Act (ADA)requirements related to parking requirements, site and building access shall be satisfied. 2. The width of the 60-degree parking stalls located along the site's north property line shall be expanded from 7.5 feet to 9 feet in width. 3. The compact parking along the east lot line across from the curb island containing the oak tree be reduced by one stall with the remaining stalls widen to 9 feet. 4. The City reserves the right to require the Yacht Club to pursue a conditional use permit for off-site parking if it is demonstrated that hotel or restaurant patrons are illegally trespassing and parking on private property,beyond 4165 Shoreline Drive. 5. Restaurant deliveries shall occur during daytime hours of lam and 1 Opm. 6. The turning radius of the row end parking lot striping located near the northwest corner of the building shall be reduced to provide additional area for truck turning movements. 7. The elimination or redesign of two parking stalls identified in the December 5, 2022, planning report to increase the maneuvering areas for trucks leaving the site. (loss of two parking stalls) 8. The City approves the removal of the oak tree in the southwest portion of the parking lot. The applicant shall convert this area into parking and wider drive aisles and add vertical planting (trees or shrubs) along the edge of the parking lot at the southwest corner of the building to screen the lights and activities within the outdoor dining area. 9. Rooftop mechanical equipment shall be screened from view of adjacent properties and public rights-of-way (Shoreline Drive). The restaurant kitchen exhaust shall be equipped with an odor scrubber. City of Spring Park Resolution No.23-08 Meeting of January 3,2023 Page 3 10. The trash enclosure shall be remotely locked to prevent access. Access to the trash enclosure shall take place only between the hours of lam and 1 Opm on weekdays and Sam and 8pm on weekends and holidays. 11. Issues related to grading, drainage and utilities shall be subject to comment and recommendation by the City Engineer. 12. The noise control elements cited in the project narrative and the sound plan dated 11/03/2022 CUP resubmittal shall be required as of the conditional use permit and may be enforced by the City. 13. Collected noise monitoring data shall be shared monthly with the City to establish a record of noise levels and to track noise complaints and violations. 14. Noise level durations of six minutes or more which are in excess of what is allowed shall alert the on-site management to take immediate actions to reduce the noise levels at the site. 15. In the event of the applicant receiving four documented noise-related complaints, the City Council reserves the right to limit hours of outdoor operations. 16. The Applicant shall provide a project phasing plan that illustrates the phased build out of the final master plan with interim plans showing the continued office tenants within the building. The phasing plan shall illustrate the required amount of parking needed for all building uses per the City Code for the duration of the phasing plan. 17. Prior to issuance of a building permit, the Applicant shall provide a construction staging plan compliant with Section 42-76 of the Spring Park Zoning Code. Adopted by the City Council of the City of Spring Park this day of , 2023. By: Jerome P. Rockvam, Mayor Attest: Jamie Hoffinan, City Clerk City of Spring Park Resolution No.23-09 Meeting of January 3,2023 Page 1 CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 23-09 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR OUTDOOR DINING ACCESSORY TO A RESTAURANT WITHIN A C-4 COMMERCIAL OFFICE ZONING DISTRICT AT 4165 SHORELINE DRIVE WITHIN THE CITY OF SPRING PARK WHEREAS,the property at 4165 Shoreline Drive is zoned C-4 Commercial Office District which allows for outdoor dining accessory to a restaurant by conditional use permit; and WHEREAS,Yachtzee Holdings LLC has submitted a conditional use permit application and plans sets for the development of outdoor dining accessory to a restaurant at 4165 Shoreline Drive: and WHEREAS, City Staff have reviewed submitted application, narrative and plans and prepared a planning report dated December 5, 2022; and WHEREAS,the Spring Park Planning Commission met and held a public hearing on December 14, 2022 to consider the conditional use request, the staff reports, and to take public testimony. WHEREAS,upon closing the public hearing, the Planning Commission recommended that the City Council approves the conditional use permit for outdoor dining accessory to a restaurant at 4165 Shoreline Drive subject to the conditions outlined in the December 5,2022, Planning Report as amended and based on the following findings: 1. The site is guided for commercial land use in the Spring Park 2040 Comprehensive plan. The proposed outdoor dining accessory to a restaurant use is consistent with both the guided land use and policies of the City's Comprehensive plan. 2. The site is zoned C-4 Commercial Office District which allows outdoor dining assessor as a conditional use. 3. The proposed project narrative and plan set dated 10/03/2022,complies with the performance standards of the C-4 zoning district. 4. The building meets the design standards of the City. 5. The site design provides for access,parking, and site circulation patterns for the proposed use. 6. The site design provides for a compatible relationship with adjacent properties. 7. The proposed use will not overburden City utilities or services. 8. The traffic generation from the site is within the capacity of the public streets. City of Spring Park Resolution No.23-09 Meeting of January 3,2023 Page 2 WHEREAS, the Spring Park City Council met on January 3, 2023, to consider the conditional use permit application; and WHEREAS,the Spring Park City Council has received the aforementioned plans, staff review documents, and the Planning Commission recommendation, and agrees with the findings and recommendations of the Planning Commission. NOW,THEREFORE,BE IT RESOLVED that the City Council of Spring Park, Minnesota hereby approves the conditional use permit for outdoor dining accessory to a restaurant to be located at 4165 Shoreline Drive in Spring Park per the narrative and plans sets dated 11/03/2022, subject to the following conditions: 1. The City approves the conditional use permit to allow a restaurant use upon the subject property(the principal use to which outdoor dining will be an accessory activity). 2. The outdoor dining shall be limited to no more than 75 seats, shall not exceed the floor area illustrated on the approved site and building plans dated 11/03/2022 and shall comply with the design requirements of the Spring Park Zoning Code. 3. The entire outdoor dining area shall be enclosed with a fence or railing. The applicant shall provide details on locations and design of gates and latches providing access and egress to the dining area. 4. All applicable American Disability Act (ADA) requirements shall be satisfied. 5. The noise control elements cited in the project narrative and the sound plan dated 11/03/2022 CUP resubmittal shall be required as of the conditional use permit and may be enforced by the City. 6. Collected noise monitoring data shall be shared monthly with the City to establish a record of noise levels and to track noise complaints and violations. 7. Noise level durations of six minutes or more in excess of what is allowed shall alert the on-site management to take immediate actions to reduce the noise levels at the site. 8. In the event of the applicant receiving four documented noise-related complaints, the City Council reserves the right to limit hours of outdoor operations. 9. Outdoor dining activities shall cease at 1 Opm. 10. Live outdoor music performances shall only be permitted after obtaining a special event permit and shall meet the requirements of Spring Park City Code. City of Spring Park Resolution No.23-09 Meeting of January 3,2023 Page 3 11. Refuse containers shall be provided within the outdoor dining area. Such containers shall be placed in a manner which does not disrupt pedestrian circulation and must be designed to prevent spillage and blowing litter. 12. Yacht Club property owners (or their designees) shall pick up litter within 100 feet of the outdoor dining area. 13. Issues related to grading, drainage and utilities shall be subject to comment and recommendation by the City Engineer. 14. The Applicant shall provide a project phasing plan that illustrates the phased build out of the final master plan with interim plans showing the continued office tenants within the building. The phasing plan shall illustrate the required amount of parking needed for all building uses per the City Code for the duration of the phasing plan. 15. Prior to issuance of a building permit, the Applicant shall provide a construction staging plan compliant with Section 42-76 of the Spring Park Zoning Code. Construction staging shall not interfere with the on-going active uses on the site. Adopted by the City Council of the City of Spring Park this day of , 2023. By: Jerome P. Rockvam, Mayor Attest: Jamie Hoffman, City Clerk T(612)337-6100 F(612)339-6591 SIEGEL 100 Washington Ave S. I Suite 1300 Minneapolis, MN 55401 BRILL PA siegelbrill.com ATTORNEYS AT LAW December 15, 2022 Via Email ( manderson(aDci.spring-park.mn.us ) Member of the City Council City of Spring Park 4349 Warren Ave Spring Park, MN 55384 Re: Yacht Club Hotel Conditional Use Permit Applications Our File No. 31026 Dear Mayor Rockvam and members of the City Council: We represent Kyle R. Danielson, DDS PLLC, the owner of Spring Park Dentistry, and R.P. and A.E. O'Connor and Company PLLC (dba O'Connor & Company), which are long-term tenants in the Yacht Club. The purpose of this letter is to share with you certain substantive and procedural defects in the pending conditional-use permit applications for the Yacht Club building that require the denial of those applications. I. Substantive flaw in the application: failure to demonstrate compatibility with other uses As described in my December 9 letter to the Planning Commission, which is attached to this letter, there are tenants with long-term leases in the building, around which the applicant proposes to build out and then operate a hotel, restaurant and bar. This includes Spring Park Dentistry, which has a lease through 2028, and O'Connor and Company, whose leases runs through May 2025. My letter describes many of the ways that the proposed new uses will severely impact the business operations of the tenants and ultimately threaten the survival of the dental office in particular. The Planning Commission received considerable additional testimony on the incompatibility of the proposed new and existing uses during the public hearing held on December 14, 2022. At the public hearing, the Planning Commission was advised that the tenants' interests are a private matter that has no bearing on the City's decision on the CUP applications. With all due respect, that advice was simply wrong. This is readily apparent from the City's zoning ordinance, which expressly provides that "[t]he planning commission shall consider possible adverse effects of the proposed amendment or conditional use." Sec. 42-142 (emphasis added). The word "shall" is mandatory, not permissive. Sec. 42-10(3). It was suggested at the public hearing that the "adverse effects" that must be considered are limited to effects felt beyond the property on which the hotel and restaurant will be operated. But that is not what the ordinance says; this argument adds words to the ordinance that are not there. Section 42-143(1) of the zoning ordinance provides that when weighing the adverse effects of a proposed conditional use, the judgment of the planning commission shall be based upon factors including but not limited to whether: The proposed use is compatible with present and future land uses of the area where the use is proposed to be located. Sec. 42-140(4). This factor requires consideration of the adverse effects on other present uses. Spring Park Dentistry and O'Connor and Company are present and future uses on the Yacht Club property. Therefore, the effects on those uses must be considered by the City Council, and it would be arbitrary and capricious for the City to approve the CUP applications without doing so. In addition to having the legally enforceable right to the quiet enjoyment of the properties that they lease, our clients are also members of the Spring Park community. The stated purpose of the Zoning Ordinance is to "protect the health, safety, and general welfare of the community." Sec. 42-3. That provision isn't limited to the health, safety, and general welfare of property owners, or the health, safety and general welfare of adjacent property owners. It addresses the welfare of the community, and in order to protect the general welfare of the entire community, as part of this process the City must consider the interests of our clients and the effects of this proposed development on them, as outlined in my December 9 letter. The obvious spirit and intent of the CUP provisions is to ensure compatibility of uses in the proposed hotel's surroundings, regardless of whether the other uses are on the same property or whether they exist on real property that is subject to a leasehold interest rather than fee ownership. Because the Planning Commission erroneously failed to consider the adverse effects of the proposed uses on the long-term tenants of the building, this matter should be denied outright or, at a minimum, sent back to the Planning Commission for further consideration. II. Fatal procedural flaws. In addition to the substantive flaws in the Planning Commission's consideration and recommendation, this proceeding has been marred by several significant procedural errors. A. Failure to consider applicable shoreland criteria. The project site lies within designated shoreland. With respect to proposed conditional uses in shoreland areas, Sec. 42-142 provides that in addition to the criteria that are generally applicable to conditional uses, the following additional evaluation criteria and conditions apply: (1) Evaluation criteria. A thorough evaluation of the waterbody and the topographic, vegetation, and soils conditions on the site must be made to ensure: 2 a. The prevention of soil erosion or other possible pollution of public waters, both during and after construction. b. The visibility of structures and other facilities as viewed from public waters is limited. C. The types, uses, and numbers of watercraft that the project will generate are compatible in relation to the suitability of public waters to safely accommodate these watercraft. None of these criteria are addressed in the applications, none of them were addressed in the staff report, and none of them were considered by the Planning Commission. They have been completely ignored. The applicant may argue that these criteria somehow do not apply because the Yacht Club building already exists. That argument would be wrong. First, it is not merely the proposed uses that implicate these criteria, but also construction activities as well. Second, the proposal envisions new "facilities" including the outdoor eating area, fire pit, swimming pool, a large new retaining wall, and other amenities, and the impact and visibility of those amenities must be considered. Third, to the extent any aspect of the current Yacht Club structures are legally non- conforming, the proposed use would constitute an expansion of a non-conforming structure or use that would result in the loss of the "grandfathered" status. All aspects of the proposed use would have to comply with existing standards. At a minimum, the failure to consider the shoreland criteria requires that these applications be sent back to the Planning Commission for further consideration. B. The Planning Commission failed to make required findings of fact. Sec. 42-143(3) requires the Planning Commission to make written findings of fact: The planning commission shall make a written finding of fact and recommend such actions or conditions relating to the request as they deem necessary to carry out the intent and purpose of this chapter. Such written finding and recommendation shall be accompanied by any report and recommendation prepared by the city staff. The written recommendation of the planning commission shall be forwarded to the zoning administrator for referral to the city council within 30 days of the close of the public hearing. The Planning Commission and staff did not satisfy any of these requirements. Staff did not prepare any recommended or draft findings, no written findings were included in the staff report, the Planning Commission did not receive or consider any findings of fact at the public hearing, and, most importantly, the Planning Commission did not make or adopt any findings of any kind when voting to recommend approval of the CUP applications. If it is suggested to you that you can proceed based on findings that staff prepare after the public hearing, you should reject this argument because (a) such a procedure would violate the zoning ordinance and (b) it 3 would be entirely unfair to the public, which will have had no opportunity weigh in on or ever see such "findings." Again for this reason, this matter should not proceed until all zoning ordinance requirements outlined above are complied with. C. The DNR was not notified of these applications. Sec. 42-142 provides the following: Copies of all notices of any public hearings to consider ... conditional uses under local shoreland management controls must be sent to the [DNR] commissioner ... and postmarked at least ten days before the hearings. This requirement is not optional, and nothing in the record indicates that this requirement has been complied with. For all of the foregoing reasons and the reasons set forth in my attached letter, these applications should be denied. Very truly yours, Mark Thieroff (612) 337-6402 1 Direct markthieroff@siegelbrill.com cc. Clients (via email) 4 T(612)337-6100 F(612)339-6591 SIEGEL 100 Washington Ave S. I Suite 1300 Minneapolis, MN 55401 BRILL PA siegelbrill.com ATTORNEYS AT LAW December 9, 2022 Via Email ( manderson(a)-ci.spring-park.mn.us ) Member of the Planning Commission City of Spring Park 4349 Warren Ave Spring Park, MN 55384 Re: Yacht Club Hotel Conditional Use Permit Applications Our File No. 31026 Dear Planning Commissioners: We represent Kyle R. Danielson, DDS PLLC, the owner of Spring Park Dentistry, which is one of the long-term tenants in the Yacht Club. The purpose of this letter is to share with you our client's strong opposition to the plan to operate a hotel and restaurant in the building. By way of background, Spring Park Dentistry has been a tenant in the Yacht Club since the building opened in 1996. The practice has over 1,000 patients and 4 employees, with a fifth employee coming on at the end of this month. Dr. Danielson's offices occupy 1,361 feet on the lower level of the Yacht Club building, and the lease allows Dr. Danielson to occupy the space through the end of 2028. The first reason that Dr. Danielson opposes granting the requested CUPs is that operation of the proposed hotel and restaurant will have significant adverse effects on his dental practice. The applicant is proposing to build out guest rooms directly on either side of as well as directly above the dental practice. In addition, the plunge pool is proposed for a location just outside the windows and sliding doors in the dental practice--hotel guests splashing in the pool will be a mere 10 feet from the closest dental chair. In the first image below, the dental practice's windows are shown with red X's, and the second shows where patients receive treatment in relation to the deck area. 1 I Because the proposed hotel is targeted at vacationers and leisure travelers rather than business travelers, it will be active during the business day and the hotel rooms will be used for much more than sleeping and quiet work. Guests will include young families with babies and young children who can be expected to come and go from their rooms throughout the day, as they use the various proposed amenities including the casual restaurant, the walk-up cafe, the sandy beach and the sun deck. Simply put, children running in the hallways and on the deck, crying babies, loud voices and loud televisions will all be part of the daytime hotel operation and are not compatible with a dental practice. And this is not the type of background or ambient noise that can be addressed through acoustical planning or a noise study. It comes in sporadic bursts and is unpredictable, changing with turnover in the transient guests. 2 Many dental patients have significant apprehensions about dental procedures, and the type and level of activity that the applicant proposes to introduce into the building will aggravate some patients and thereby harm Dr. Danielson's practice and staff. Fortunately, the Zoning Ordinance seeks to prevent such incompatibility of uses. Specifically, the Zoning Ordinance requires the Planning Commission to consider "possible adverse effects" of a proposed conditional use, and it permits the approval of a conditional use only if the applicant has established that: • The proposed use presents no unreasonable hazard to the surrounding area ...; • Specific problems with the proposed location of the use ... will be overcome; • The proposed use is compatible with present and future land uses of the area where the use is proposed to be located; and • There will be no significant negative impact on the peaceful and quiet enjoyment of surrounding property. Sec. 42-140 (2)-(5). The applicant has failed to satisfy any of these criteria. The proposed uses pose a hazard to the viability of Dr. Danielson's dental practice, the specific problems with the proposed location for the hotel and restaurant cannot be overcome, the proposed uses are not compatible with present or future uses in the building, and there will be significant negative impact on the peaceful and quiet enjoyment of certain leasehold interests in the building. Dr. Danielson's second concern relates to parking. The applicant's Project Description cavalierly states they have "eliminated private offices" in the building in order to reduce the project's parking needs, and the staff report similarly assumes that the existing office space in the building will be converted to hotel rooms. But Dr. Danielson has a legally enforceable right to continue occupying his leased office space in the building, and he is not going anywhere. As a consequence, the building would be significantly underparked if the proposed hotel and restaurant uses were added to the existing office use. According to the following breakdown in the staff report, a total of 102 parking stalls are required: Use Ratio Required Spaces Hotel (30 rooms and 4 1 space per room and 34 employees) 1 space per employee Restaurant 150 seats 1 space per 3 seats 50 Kitchen 665 s.f. 1 space per 80 s.f. 9 Conference Room 330 s.f. 1 space per 200 s.f. 2 Marina 21 boat slips) 1 space per 3 slips 7 Total 1 102 The staff report indicates that the applicant's parking plan provides 119 spaces but concludes that a number of those spaces do not meet ordinance requirements and therefore cannot be counted. Similarly, certain drive aisles violate minimum width requirements in the Zoning 3 Ordinance and must enlarged. The staff report concludes that reconfiguring the parking area to eliminate these ordinance violations would reduce the parking count to 114. That is not sufficient parking, for several reasons. First, the parking count completely omits the office uses, and under Sec. 42-428(5), additional parking at one space for every 200 square feet is required for office uses. For Dr. Danielson's dental practice alone, this means a further 7 parking spaces are required, with any other long-term office lease requiring additional parking. Second, the applicant is proposing to host live music events up to 8 times per year and has not proposed any parking to accommodate that additional use. Third, somewhere between 21 and 32 of the boat slips will be rented to Yacht Club members,just as they have been in the past. The proposed parking allocation for the boaters-1 space per 3 slips—does not appear to have any basis in the Zoning Ordinance and will not be sufficient for prime boating days in the summer. Dr. Danielson's fear is that a full parking lot will cause him to lose patients Beyond the very real threats to the dental practice posed by incompatible uses and insufficient parking, Dr. Danielson is also very worried about disruptions to his practice during construction. It is very hard to imagine that the building could be entirely remodeled, with new hotel rooms including bathrooms constructed directly on the other side of the walls and ceiling of the dental practice without significant disturbance. For all of the foregoing reasons, we respectfully urge you to deny these applications. Very truly yours, Mark Thieroff (612) 337-6402 1 Direct markthieroff@siegelbrill.com cc. Client (via email) 4 4165 Shoreline Dr. Suite#30 Spring Park MN, 55384 December 15, 2022 Dear City Council Members, My name is Kyle Danielson. I am the dentist in the Yacht Club. I'm writing this letter because I'm worried about my business surviving if the Yacht Club gets converted to a hotel,bar and restaurant. My space is located on the lower level. I purchased my office 3 years ago from Dr. Brandenburg who was one of the original tenants. There is 6 years remaining on my lease. One reason I became a dentist was to one day, have my own practice. After graduating from dental school I worked as an associate for 5+ years while looking for my own office. I finally found Spring Park Dentistry in 2019 and moved my family to the area to become a part of the community. I am worried that if the yacht club becomes a hotel, bar and restaurant my business will no longer be viable. Between the construction disruptions, difficulty parking, noise from hotel rooms on all sides, a pool right outside my waiting room and operatory, and a bar just down the hallway I can think of no better way to ruin a business. It is not professional. Patients will be turned off and employees do not want to work in that environment. It adds stress to an already difficult profession. The proposed additional uses are clearly not compatible. If you allow these permits,you are saying it's reasonable to have a healthcare office or any other office for that matter, spattered in-between hotel rooms. It's completely normal to hear flushing of the toilets, doors slamming,people partying and I'm sure you can imagine all of the other noises. All this while getting a root canal done or while I'm trying to explain treatment needs to a patient. Pretty sure the last time I stayed at a Holiday Inn I didn't have a dental office across the hall. I came to the first planning commission meeting where noise was one of the major concerns especially from the Edgewater property next door. I understood where they were coming from and thought there's no way this plan can move forward. This very quiet and peaceful bay is going to be completely changed. So I was surprised when it passed the planning committee. Then we were told there would be a co- working space and as long as my lease was in effect they would not develop the lower level. That no longer seems to be the case either because there is nothing about phasing in Olsen Global's plan. The city has shown no concern for construction disruptions, noise levels, and all the other incompatibilities to the existing tenants. You may be thinking why don't I just go build out another space?For one, I signed a 9 year lease. The bank actually required it to get a loan because they know how costly and risky it is to move a dental practice. To retrofit a space for a dental office at minimum costs 400k to buildout. You need to trench lines through the concrete slab, install evacuation lines, compressed air lines, medical gas lines, special walls for x-rays, run cables to the server and reinstall the vacuums, amalgam trap, compressor and chairs. Estimated time for something like this 9 months to a year and being closed for a large amount of time to move. The 2"d reason why it's impossible to leave is I don't have the capital yet to make that happen. I'm just getting started. If I can grow the practice up until my lease is up I would be able to afford to build out a new space. But I cannot do that if my business isn't thriving due to the building getting converted to other uses. I'm urging the city to put yourselves our position. The rules have been changed on us, and there was no way for us to anticipate or prepare for this. We serve the community and invested so much into our businesses. I would be happy to answer questions or meet anyone at my dental office to discuss compatibility. Sincerely, Kyle Danielson, DDS (320)282-5953 danielsondds@gmail.com Snyder Attorneys, PA \T?(i It\FYS Al I AVl' Brent C. Suyder hre w-m't de r a sm dcrulrorn�rs.c um (612)787-3102 December 15, 2022 Via Email Only(manderson(a)ci.sarinz-aark.com) Members of the City Council c/o Mike Anderson, City Administrator City of Spring Park 4349 Warren Avenue Spring Park, MN 55384 Re: Yacht Club Professional Building Conditional Use Permit Applications 4165 Shoreline Drive, Spring Park,MN 55384 Dear Mr. Anderson: I write this letter on behalf of my client,Tonka Capital Partners, LLC, a tenant at the Yacht Club Professional Building, for inclusion in the conditional use permit application package to be considered by the City Council. My client strongly objects to the Conditional Use Permit Applications submitted by Yachtzee Holdings, LLC and Olson Global, LLC for hotel, restaurant and outdoor dining uses because the applicant has failed to make the required showings under Section 42-140 of the Spring Park Zoning Ordinances. Section 42-140 of the Ordinance re wires a showing by each conditional use permit applicant of five factors. The fourth and fifth factors are: (4) The proposed use is compatible with present and future land uses of the area where the use is proposed to be located. (5) There will be no significant negative impact on the peaceful and quiet enjoyment of surrounding property. The applicant's proposal for its intended use of the property completely ignores the fact that my client, and several other tenants, exist at the property and have leasehold rights to operate for years into the future. Consequently, the applicant is required to make a showing that the proposed hotel, restaurant and outdoor dining conditional uses will be compatible with the present and future uses of that same property under the leases. The applicant is also required to make a showing that the proposed uses will not significantly and negatively impact these businesses. The application before the City includes no attempt to make the required showings in violation of Section 42-140. Mike Anderson, City Administrator December 15, 2022 Page 2 During the December 14, 2022, Planning Commission public hearing, the applicant dismissed my client's objections as a landlord/tenant dispute to which the City should not be involved. This is a mischaracterization of my client's property rights. A lease is not just a legal contract that governs the relationship between two parties. Like a deed, it is an instrument that conveys real property rights to the grantee and can be recorded with the County's Recorder's Office. My client has been conveyed exclusive possession rights of the leased premises through September 2024. As such, my client is a present and future user of the property pursuant to Section 42-140. Whether my client's property rights exist at the property itself or on a neighboring parcel is irrelevant for purposes of Section 42-140. The applicant has violated Section 42-140 because it has made no effort to make the required showings that the proposed conditional use is compatible with my client's use or that the proposed conditional use will have no significant negative impact on its property rights. It would be error for the City to approve the conditional use permit applications without these showings. Respectfully Submitted, SNYDER ATTORNEYS, PA f-.: C S Brent C. Snyder,Attorney 200 Southdale Center, Suite 181 Edina, MN 55435 cc: Tonka Capital Partners, LLC CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION #23-01 NAMING OFFICIAL DEPOSITORY BE IT RESOLVED by the City Council of the City of Spring Park that Wells Fargo Bank of Minnesota, Mound is hereby appointed the official depository for the funds of the City of Spring Park effective to January 1, 2023. BE IT FURTHER RESOLVED that Wells Fargo Bank of Minnesota, Mound, is hereby directed to honor and pay any checks or orders when signed by the Mayor and City Clerk or their duly appointed alternates as indicated on signature card duly executed and previously transmitted to said depository for the withdrawal or transfer of funds on deposit in said bank in whatever form. BE IT FURTHER RESOLVED that in case such deposits shall at any time exceed Two Hundred and Fifty Thousand ($250,000) dollars, said depository shall immediately furnish bond or securities in lieu of bond as collateral according to law. BE IT FURTHER RESOLVED that said bank shall be entitled to rely upon this resolution until written notice of modification or revision has been furnished to and received by said bank. ADOPTED by the City Council of the City of Spring Park this 19,h day of December 2023. CITY OF SPRING PARK Approved: Jerome P. Rockvam, Mayor Attest: Jamie Hoffman, City Clerk CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION #23-02 ESTABLISHING ORDER OF BUSINESS BE IT RESOLVED by the City Council of the City of Spring Park that the business of the City Council shall be conducted in the following order effective January 1, 2023: 1. Call to Order 2. Pledge of Allegiance 3. Approval of Agenda 4. Public Comment 5. Requests and Presentations 6. Consent Agenda 7. Action Agenda 8. Reports 9. Announcements/Miscellaneous (Information Only) 10. Adjournment ADOPTED by the City Council of the City of Spring Park this 19th day of December 2022. CITY OF SPRING PARK Approved: Jerome P. Rockvam, Mayor Attest: Jamie Hoffman, City Clerk CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION #23-03 DATES OF MEETINGS, HOLIDAYS Sc OFFICE HOURS WHEREAS,the City of Spring Park has established a program of setting administrative office hours for Spring Park City Hall and dates for City Council, Planning Commission, and other various committee meetings; and WHEREAS, the City Council has appointed Commissioners and committee members to represent the City as a recommending body; and WHEREAS, the meetings and committees will meet on specific dates as listed; and WHEREAS,if these meetings and committee dates are changed unless listed below, they will be announced at regular Council meetings. NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Spring Park that the following dates are designated for the purpose of such meetings effective January 1, 2023: 1. Council Meetings will be held on the first and third Monday of each month at the Spring Park City Hall at 6:30 p.m. unless they fall on a legal holiday in which case they will meet on the succeeding day. 2. Council Study Sessions will be held the third Monday of the month starting at 5:30 p.m. unless they fall on a legal holiday in which case they will meet on the succeeding day. 3. Planning Commission Meetings will be held on the second Wednesday of each month at the Spring Park City Hall at 6:00 p.m. or otherwise designated by the Planning Commission. Any changes made will be posted online. 4. Administrative Committee Meetings will be held on the Tuesday of the week following the first regular council meeting of each month. 5. Investment, Finance, &Personnel Committee Meetings will be held periodically, and time and place will be announced at regular Council Meetings. 6. Police Commission Meetings will be held periodically, and time and place will be announced at regular Council Meetings. 7. Fire Commission Meetings will be held periodically, and time and place will be announced at regular Council Meetings. NOW THEREFORE BE IT FURTHER RESOLVED, by the City Council of the City of Spring Park that the normal administrative office hours for Spring Park City Hall will be Monday through Thursday 7:30 a.m. to 5:00 p.m. and Fridays 7:30 to 11:30 a.m. NOW THEREFORE BE IT FURTHER RESOLVED, by the City Council of the City of Spring Park that on the following holidays the office will be closed in 2023: January 2, Monday, New Year's Day January 16,Monday, Dr. Martin Luther King,Jr. Day February 20, Monday, Presidents Day May 29, Monday, Memorial Day June 19, Monday,Juneteenth July 4, Tuesday, Independence Day September 4, Monday, Labor Day November 10, Friday, Veterans Day November 23, Thursday, Thanksgiving November 24, Friday, Day after Thanksgiving December 26, Tuesday, Christmas Eve (observed) December 27, Wednesday, Christmas Day (observed) ADOPTED by the City Council of the City of Spring Park this 19th day of December 2022. CITY OF SPRING PARK Approved: Jerome P. Rockvam, Mayor Attest: Jamie Hoffman, City Clerk CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION #23-04 RESOLUTION APPROVING PRE-AUTHORIZATION OF CERTAIN CITY CLAIM PAYMENTS WHEREAS,the Spring Park City Council is required to review expenditures before payments are made, and WHEREAS, Minnesota Statute §412.271 permits that a City Council can delegate authority in the payment of certain claims and disbursements that do not require prior Council approval, and WHEREAS, business and contractor billing cycles do not always align with the City Council meeting schedule, and WHEREAS, some businesses and contractors include finance charges for bills not paid within 10, 15, 20, or 30 days, and WHEREAS, it is in the City's best interest to pay debts in a timely manner. THEREFORE, BE IT RESOLVED, that the Spring Park City Council authorizes City staff to issue payments, drawn on the proper fund, for the following expenditures: All utilities (water, sewer, electrical, natural gas, telephone, etc.); postage; payroll activity; lease and rental payments; monthly insurance premiums; miscellaneous claims and office expenses not to exceed $7,500; principal or interest on bond obligations where the exact amounts have been previously fixed by contract; replenishment of the petty cash fund; and other set payments from a contract that was previously approved by the City Council. AND BE IT FURTHER RESOLVED that City staff will present documentation regarding payment of the above-mentioned claims to the City Council for its review at its next regularly scheduled meeting. ADOPTED by the City Council of the City of Spring Park this 19th day of December 2023. CITY OF SPRING PARK Approved: Jerome P. Rockvam, Mayor Attest: Jamie Hoffman, City Clerk CITY OF SPRING PARK SPRING PARK, MINNESOTA RESOLUTION #23-05 RESOLUTION AUTHORIZING THE USE OF CREDIT CARDS BY DESIGNATED CITY EMPLOYEES TO MAKE PURCHASES ON BEHALF OF THE CITY OF SPRING PARK FOR 2023 WHEREAS, pursuant to Minnesota Statute 471.382, the City Council may authorize the use of credit cards by City employees otherwise authorized to make purchases on behalf of the City; and WHEREAS, the City of Spring Park has developed a City Purchasing Card Policy which complies with State Statutes, Rules and the City of Spring Park's policies regarding City purchases; and WHEREAS, the authorization is subject to modification and revocation at any time by the Spring Park City Council; NOW, THEREFORE, BE IT RESOLVED, that the following designated City staff are hereby authorized to use purchasing/credit cards in the name of the City of Spring Park: • City Administrator • City Clerk • Finance Clerk BE IT FURTHER RESOLVED, that the aforementioned designated City staff are hereby authorized to use the following City credit card to make purchases on behalf of the City of Spring Park: • One VISA credit card issued through US Bank in the name of the City. ADOPTED by the City Council of the City of Spring Park this 19th day of December 2023. CITY OF SPRING PARK Approved: Jerome P. Rockvam, Mayor Attest: Jamie Hoffman, City Clerk CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO. 22-08 AN ORDINANCE AMENDING THE SPRING PARK CITY CODE, CHAPTER 12—BUSINESSES,BY ADDING ARTICLE V. THC PRODUCTS, ESTABLISHING LICENSING FOR THE SALE OF THC PRODUCTS REGULATED BY MINNESOTA STATUTES, SECTION 151.72 THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Spring Park hereby amends Chapter 12 by adding a new Article V. THC Products as follows: ARTICLE V. THCPRODUCTS DIVISION]. GENERALLY Sec. 12-50. Purpose and intent. (a) Purpose. The purpose of this section is to regulate the sale of any product that contains tetrahydrocannabinol ("THC") and meets the requirements to be sold for human or animal consumption under Minnesota Statutes, section 151.72 ("THC products") for the following reasons: (1) The city recognizes that, based on the most reliable and up-to-date scientific evidence, the introduction of legalized THC products presents a potential threat to the public health, safety, and welfare of the residents of Spring Park. (2) The city has the opportunity to be proactive and make decisions that will mitigate this threat,reduce exposure of young people to THC products, curtail the marketing of THC products to young people, and improve retailer compliance with existing laws related to THC products. (3) A local regulatory system for retailers of THC products is appropriate to ensure that such retailers comply with laws and business standards of the city of Spring Park to protect the health, safety, and welfare of our youth and other vulnerable residents. (4) Minnesota Statutes, section 151.72 requires THC product retailers to check the identification of purchasers to verify that they are at least 21 years of age, comply with certain packaging and labeling requirements to protect children and youth, and meet certain potency and serving size requirements. (5) State law further authorizes the Minnesota Board of Pharmacy to adopt product and testing standards in part to curb the illegal sale and distribution of THC products and to DOCSOPEN\SP275\1\836560.v2-11/3/22 ensure the safety and compliance of commercially available THC products in the State of Minnesota. (6) State law does not preempt municipalities from adopting and enforcing local ordinances to regulate retailers of THC products, including,but not limited to,business licensing requirements. (7) Establishing licensing requirements for retailers that desire to sell THC products will not unduly burden legitimate business activities of such retailers who sell or distribute THC products to adults but will allow the city to effectively regulate the operation of lawful businesses and discourage violations of THC product-related laws. In making these findings and enacting this section, it is the intent of the city to facilitate responsible retail activities associated with THC products by allowing legal sale and access without promoting increases in use, and to discourage violations of THC product-related laws, especially those which prohibit or discourage the marketing, sale or distribution of THC products to underage persons, as defined herein. Sec. 12-51. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: Compliance checks. The system the city uses to investigate and ensure that those authorized to sell THC products are following and complying with the requirements of this article. Compliance checks shall involve the use of persons under the age of 21 as authorized by this article. Compliance checks shall also mean the use of persons under the age of 21 who attempt to THC products for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to THC products. Exclusive Liquor Store. An establishment that meets the definition of exclusive liquor store in Minnesota Statutes, section 340A.101, as it may be amended from time to time. Moveable place of business. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Retail establishment. Any place of business where THC products are available for sale to the general public. Retail establishments shall include,but are not limited to, grocery stores, convenience stores,breweries, and restaurants. Retail establishment shall not include any home occupation or sales out of any dwelling. Sale. Any transfer of goods for money, trade,barter or other consideration, including giving goods away for free, whether alone or in conjunction with other goods or products. Sampling. The use or consumption of any THC product in a retail establishment by a customer or potential customer for the purpose of sampling the product before a purchase. Self-service merchandising. Open displays of THC products in any manner where any person shall have access to the THC products without the assistance or intervention of the DOCSOPEN\SP275\I\836560.v2-I 1/3/22 licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the THC product between the customer and the licensee or employee. THC Product. Any product that contains more than trace amounts of tetrahydrocannabinol and that meets the requirements to be sold for human or animal consumption under Minnesota Statutes, section 151.72. Vending machine. Any mechanical, electric or electronic or other type of device which dispenses THC products upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the THC product. Secs. 12-53-12-60. Reserved. DIVISION 2. ADMINISTRA TION AND ENFORCEMENT Sec. 12-61. Violations. (a) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of the right to be heard on the accusation. (b) Hearings. If a person accused of violating this article so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. (c) Hearing officer. The city council shall serve as the hearing officer. (d) Decision. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under section 12-62, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. (e) Appeals. Appeals of any decision made by the hearing officer may be filed in the district court. (f) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this article. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. (g) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. Sec. 12-62. Penalties. (a) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine as determined by the city council. In addition, after the third offense, the license shall be suspended for not less than seven days. DOCSOPEN\SP275\1\836560.v2-11/3/22 (b) Other individuals. Other individuals found to be in violation of this article shall be charged an administrative fee as determined by the city council. (c) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this article. Sec. 12-63. Exceptions and defenses. Nothing in this article shall prevent the providing of THC products to a person under the age of 21 as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by state law. Sec. 12-64. Severability If any section or provision of this article is held invalid, such invalidity shall not affect other sections or provisions which can be given force and effect without the invalidated section or provision. Secs. 12-65-12-70. Reserved. DIVISION 3. LICENSE Sec. 12-71. Required. (a) Obtaining from city. No person shall sell or offer to sell any THC product without having obtained a license to do so from the city. All licenses issued under this section shall be valid only on the premises for which the license was issued and only for,the person, to whom the license it was issued. No transfer of any license to another location or person shall be valid. (b) Application. An application for a license to sell THC products shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the city administrator/clerk/treasurer shall forward the application to the city council for action at its next regularly scheduled council meeting. If the city clerk determines that an application is incomplete, the clerk will return the application to the applicant with notice of the information necessary to make the application complete. (c) Action. The council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the council approves the license, the city clerk will issue the license to the applicant. If the council denies the license, notice of the denial will be given to the applicant along with notice of the applicant's right to appeal the council's decision. DOCSOPEN\SP275\1\836560.v2-11/3/22 (d) Term. All licenses issued under this article shall be valid for one calendar year from January 1 through December 31. For any license issued after January 1 in any year, the license shall be valid from the date of issue through December 31. (e) Revocation or suspension. Any license issued under this article may be revoked or suspended. In such case, the licensee may request or hearing or appeal as provided in sections 12-61 and 12-62. (f) Transfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the city council. (g) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (h) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (i) Renewals. The renewal of a license issued under this article shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. Sec. 12-72. Fees. No license shall be issued under this article until the appropriate license fee shall be paid in full. The fee for a license under this article shall be as listed on the appropriate license fee schedule. Sec. 12-73. Basis for denial. (a) Grounds for denying the issuance or renewal of a license under this article, include,but are not limited to, the following: (1) The applicant is under the age of 21 years. (2) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision, or other regulation relating to THC products. (3) The applicant has had a license to sell THC products revoked within the preceding 12 months of the date of application. (4) The applicant fails to provide any information required on the application, or provides false or misleading information. (5) The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license. (6) The applicant is an exclusive liquor store. (7) The applicant does not operate out of a retail establishment. DOCSOPEN\SP275\1\836560.v2-11/3/22 (b) Except as may otherwise be provided by law, the existence of any particular grounds for denial does not mean that the city must deny the license. (c) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this article. Secs. 12-74-12-80. Reserved. DIVISION 4. SALES RESTRICTIONS Sec. 12-81. Prohibited sales. (a) It shall be a violation of this article for any person to sell or offer to sell any THC products: (1) To any person under the age of 21 years. (2) By means of any type of vending machine. (3) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the THC product and whereby there is not a physical exchange of the THC product between the licensee or the licensee's employee and the customer. (4) By means of providing samples of any THC product free of charge or at a nominal cost. (5) By any other means, to any other person, or in any other manner or form prohibited by federal, state or local law, ordinance provision, or other regulation. Sec. 12-82.Vending machines. It shall be unlawful for any person licensed under this article to allow the sale of THC products by means of a vending machine. Sec. 12-83. Self-service sales. All THC products shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. Sec. 12-84. Responsibility. All licensees under this article shall be responsible for the actions of their employees in regard to the sale of THC products on the licensed premises; and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this article, state or federal law, or other applicable law or regulation. Sec. 12-85. Compliance checks and inspections. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time,but at least once per year,the city shall DOCSOPEN\SP275\1\836560.v2-11/3/22 conduct compliance checks by engaging, with the written consent of their parents or guardians if the person is under the age of 18, persons over the age of 17 years,but less than 21 years, to enter licensed premises to attempt to purchase THC products. Individuals used for the purpose of compliance checks shall be supervised by city-designated law enforcement officers or other designated city personnel. No person under the age of 21 used in compliance checks shall attempt to use a false identification misrepresenting the individual's age, and all individuals under the age of 21 lawfully engaged in a compliance check shall answer all questions about the individual's age asked by the licensee or his employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research or training purposes, or required for the enforcement of a particular state or federal law or other applicable law or regulation. Sec. 12-86. Other illegal acts. Unless otherwise provided, the following acts shall be a violation of this article: (1) Illegal sales. It shall be a violation of this article for any person to sell or otherwise provide any THC product to any person under the age of 21. Sec. 12-87. Signage and age verification required. (1) Signage. At each location where THC products are sold, the licensee shall display a sign in plain view to provide public notice that selling any of THC products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or attempting to purchase these products. The sign shall provide notice that all persons responsible for selling these products must verify, by means of photographic identification containing the bearer's date of birth, the age of any person under 30 years of age. (2) Age verification. At each location where THC products are sold, the licensee shall verify,by means of government-issued photographic identification containing the bearer's date of birth, that the purchaser or person attempting to make the purchase is at least 21 years of age. Verification is not required if the purchaser or person attempting to make the purchase is 30 years of age or older. It shall not constitute a defense to a violation of this subdivision that the person appeared to be 30 years of age or older. Section 2. This ordinance shall take effect following its adoption and publication. ADOPTED by the City of Spring Park this 19th day of December 2022. CITY OF SPRING PARK By: Jerome P. Rockvam, Mayor ATTEST: By: Jamie Hoffman, City Clerk DOCSOPEN\SP275\1\836560.v2-11/3/22 CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO. 22-09 AN ORDINANCE AMENDING THE SPRING PARK CITY CODE, CHAPTER 12—BUSINESSES, REGARDING TOBACCO AND TOBACCO-RELATED DEVICES AND PRODUCTS THE CITY COUNCIL OF THE CITY OF SPRING PARK,MINNESOTA ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Spring Park hereby amends Chapter 12, Article II,by adding the double underlined language and deleting the striven language as follows: ARTICLE II. TOBACCO AND TOBACCO RELATED DEVICES AND PRODUCTS' DIVISION]. GENERALLY Sec. 12-31. Purpose and intent. (a) Purpose. Because the city recognizes that many persons under the age of 4-921 years purchase or otherwise obtain, possess and use tobacco, tobacco products and tobacco- related devices, and such sales,possession and use are violations of both state and federal laws; and because studies, which are on file at the state health department and which the city accepts and adopts, have shown that most smokers begin smoking before they have reached the age of 4-921 years and that those persons who reach the age of 4$21 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government, this article shall be intended to regulate the sale,possession and use of tobacco, tobacco products and tobacco- related devices for the purpose of enforcing and furthering existing laws, to protect minorsyoung people against the serious effects associated with the illegal use of tobacco, 'Editor's note(s)—Ord. No. 19-04,§1,adopted Sept. 16,2019,amended art. II in its entirety to read as herein set out. Former art. II,§§12-31, 12-51-12-53 and 12-81-12-116, pertained to cigarettes and tobacco products, and derived from Ord. No.67,§§ 1-14,adopted 1-20-1998. State law reference(s)—Authority to regulate the sale, possession,and use of tobacco products, Minn.Stat. § 412.221,subd.32; Minn.Stat.§§461.12-461.18 do not preempt a local ordinance that provides for more restrictive regulation of tobacco sales, Minn.Stat. §461.19;authority to adopt more stringent regulations than those set out in Minn.Stat. §609.685,subds. 1-3, Minn.Stat.§609.685,subd.4;authority to regulate the retail sale of tobacco as defined in Minn.Stat. §609.685,subd. 1;sale of tobacco to children, Minn.Stat. §461.12. DOCSOPEN\SP275\1\836543.v2-11/14/22 tobacco products and tobacco-related devices, and to further the official public policy of the state in regard to preventing young people from starting to smoke as stated in Minn. Stat. § 144.391. (Ord. No. 19-04 , § 1, 9-16-2019) Sec. 12-32. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: Cigars. Any roll of tobacco that is wrapped in tobacco leaf or in any substance containing tobacco, with or without a tip or mouthpiece, that is not a cigarette as defined in Minn. Stat. § 297F.01, subd. 3 as amended from time to time. Compliance checks. The system the city uses to investigate and ensure that those authorized to sell tobacco, tobacco products, and tobacco-related devices are following and complying with the requirements of this article. Compliance checks shall involve the use of persons under the age of 21 as authorized by this article. Compliance checks shall also mean the use of minespersons under the age of 21 who attempt to purchase tobacco, tobacco products or tobacco-related devices for educational, research and training purposes as authorized by state and federal laws. Compliance checks may also be conducted by other units of government for the purpose of enforcing appropriate federal, state or local laws and regulations relating to tobacco, tobacco products and tobacco-related devices, electronic cigarettes, electronic delivery devices, and nicotine or lobella delivery devices. Electronic delivery device and electronic cigarette. Any product containing or delivering nicotine, lobelia, or any other substance, whether natural or synthetic, intended for human consumption that ean be used by a per-son to s ialate s „king i the deliveryy of nieefine er-any ether-substane through inhalation of vapor from the product. Electronic delivery devices includes,but is not limited to, devices manufactured, marketed, or sold as electronic cigarettes. electronic cigars, electronic nine, vane pens,modes, tank systems, or under any other product name or descriptor. Electronic delivery device includes any component part of a product, whether or not marketed or sold separately. Electronic delivery device does net inel de an pr-educ4 that has been appr-eved or-eeAified by the United States Feed and Drug Administration and is marketed and old f eh an approved pefpesa-excludes drugs, devices, or combination products. as those terms are defined in the Federal Food, Drug, and Cosmetic Act. that are authorized for sale by the United States Food and Drus Administration.. Hookah. A pipe with a long, flexible tube by which the smoke is drawn through ajar of water and thus cooled for the use of tobacco or tobacco related products. Individually packaged. The practice of selling any tobacco or tobacco product wrapped individually for sale. Individually wrapped tobacco and tobacco products shall include,but not be limited to, single cigarette packs, single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco. Cartons or other packaging containing more than a single pack or other container as described in this definition shall not be considered individually packaged. DOCSOPEN\SP275\1\836543.v2-11/14/22 Indoor area. All space between a floor and a ceiling that is bounded by walls, doorways, or windows, whether open or closed, covering more than 50 percent of the combined surface area of the vertical planes constituting the perimeter of the area. A wall includes any retractable divider, garage door, or other physical barrier, whether temporary or permanent. Loosies. The common term used to refer to a single or individually packaged cigarette. Minor, Any natwal pefsen who has not yet r-eaehed the age r 19 . Moveable place of business. Any form of business operated out of a truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. Nicotine or lobelia delivery devices. Any product containing or delivering nicotine or lobelia intended for human consumption, or any part of such a product, that is not tobacco as defined in this article, not including any product that has been approved or otherwise certified for legal sale by the United States Food and Drug Administration for tobacco use cessation, harm reduction, or for other medical purposes, and is being marketed and sold solely for that approved purpose. Public place. Any enclosed, indoor area used by the general public, including,but not limited to, restaurants;bars; any other food or liquor establishment; retail and other commercial establishments; educational facilities; hospitals; nursing homes; auditoriums; arenas; meeting rooms; waiting rooms; and common areas of rental apartment buildings. Retail establishment. Any place of business where tobacco, tobacco products, tobacco- related devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery devices are available for sale to the general public. Retail establishments shall include, but are not limited to, grocery stores, convenience stores and restaurants. Sale. Any transfer of goods for money, trade,barter or other consideration. Sampling. The lighting of tobacco, tobacco products, tobacco-related devices or the activation of and inhaling of vapor from electronic cigarettes in a retail establishment by a customer or potential customer for the purpose of sampling the product or device before a purchase. Self-service merchandising. Open displays of tobacco, tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery devices in any manner where any person shall have access to the tobacco, tobacco products or tobacco- related devices, without the assistance or intervention of the licensee or the licensee's employee. The assistance or intervention shall entail the actual physical exchange of the tobacco, tobacco product, tobacco-related device, or nicotine or lobelia delivery device between the customer and the licensee or employee. Self-service merchandising shall not include vending machines. Smoking. Inhaling or exhaling smoke from any lighted or heated cigar, cigarette, pipe, hookah, or any other lighted or heated tobacco or plant product or exhaling vapor from any electronic delivery device, such as vaping. Smoking also includes carrying a lighted or heated cigar, cigarette, pipe, hookah or any other lighted or heated tobacco or plant product intended for inhalation. Smoking lounge. A tobacco products shop which allows customers to be seated. DOCSOPEN\SP275\1\836543.v2-11/14/22 Tobacco or tobacco-related products. Tobacco and tobacco products includes cigarettes and any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including by vaping, or any component, part, or accessory of a tobacco product; cigars; pipe tobacco, cheroots; stogies; perique; granulated,plug cut, crimp cut,ready-rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; dipping tobaccos; and other kinds and forms of tobacco. Tobacco excludes been approved by the United Sta4es Food and DFug Administrafien fer-sale as a tebaeee marketed and sold solely fefsRela appr-evedptfpese-dniga devices, or combination products. as those terms are defined in the Federal Food, Drug, and Cosmetic Act, that are authorized for sale by the United States Food and Drug Administration. Tobacco products shop. A retail establishment with an entrance door opening directly to the outside that derives more than 90 percent of its gross revenue from the sale of tobacco, tobacco related products, tobacco related devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery devices and in which the sale of other products is merely incidental. "Tobacco products shop" does not include a tobacco products department or section of any individual business establishment with any type of food, liquor, or restaurant license. Tobacco-related devices. , deviee intentionally designed or-intended te be used in a manner-W-hieh enables the ehewing, sniffing of smoking of tebaeee of tebaeeo pr-edttets. Cigarette papers or pipes for smoking or other devices intentionally designed or intended to be used in a manner which enables the chewing, sniffing, smoking, or inhalation of aerosol or vapor of tobacco or tobacco products. Tobacco-related devices include components of tobacco-related devices which may be marketed or sold separately. Vapor lounge. A vapor products shop which allows customers to be seated. Vapor products shop. A retail establishment with an entrance door opening directly to the outside that derives more than 90 percent of its gross revenue from the sale of electronic delivery devices, electronic cigarettes and related products and in which the sale of other products is merely incidental. "Vapor products shop" does not include a vapor products department or section of any individual business establishment with any type of food, liquor, or restaurant license. Vending machine. Any mechanical, electric or electronic or other type of device which dispenses tobacco, tobacco products or tobacco-related devices upon the insertion of money, tokens or other form of payment directly into the machine by the person seeking to purchase the tobacco, tobacco product or tobacco-related device. (Ord. No. 19-04 , § 1, 9-16-2019) Secs. 12-33-12-50. Reserved. DOCSOPEN\SP275\1\836543.v2-11/14/22 -CODE OF ORDINANCES Chapter 12-BUSINESSES ARTICLE II.-TOBACCO AND TOBACCO-RELATED DEVICES AND PRODUCTS DIVISION 2.ADMINISTRATION AND ENFORCEMENT DIVISION 2. ADMINISTRATION AND ENFORCEMENT2 Sec. 12-51.Violations. (a) Notice. Upon discovery of a suspected violation, the alleged violator shall be issued, either personally or by mail, a citation that sets forth the alleged violation and which shall inform the alleged violator of the right to be heard on the accusation. (b) Hearings. If a person accused of violating this article so requests, a hearing shall be scheduled, the time and place of which shall be published and provided to the accused violator. (c) Hearing officer. The city council shall serve as the hearing officer. (d) Decision. If the hearing officer determines that a violation of this article did occur, that decision, along with the hearing officer's reasons for finding a violation and the penalty to be imposed under section 12-52, shall be recorded in writing, a copy of which shall be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, such findings shall be recorded and a copy provided to the acquitted accused violator. (e) Appeals. Appeals of any decision made by the hearing officer may be filed in the district court. (f) Misdemeanor prosecution. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any alleged violation of this article. If the city elects to seek misdemeanor prosecution, no administrative penalty shall be imposed. (g) Continued violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense. (Ord. No. 19-04 , § 1, 9-16-2019) Sec. 12-52. Penalties. (a) Licensees. Any licensee found to have violated this article, or whose employee shall have violated this article, shall be charged an administrative fine as determined by the city council. In addition, after the third offense, the license shall be suspended for not less than seven days. 'Cross reference(s)—Administration,ch.2. Spring Park,Minnesota,Code of Ordinances Created: 2021-11-01 25:44:02 [EST] (Supp.No.11) Page 5 of 12 DOCSOPEN\SP275\1\836543.v2-11/14/22 (b) Other individuals. Other individuals found to be in violation of this article shall be charged an administrative fee as determined by the city council. (c) Misdemeanor. Nothing in this section shall prohibit the city from seeking prosecution as a misdemeanor for any violation of this article. (Ord. No. 19-04 , § 1, 9-16-2019) Sec. 12-53. Exceptions and defenses. Nothing in this article shall prevent the providing of tobacco, tobacco products, tobacco- related devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery devices to a mine person under the age of 21 as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as described by state law. (Ord. No. 19-04 , § 1, 9-16-2019) Sec. 12-54. Severability If any section or provision of this article is held invalid, such invalidity shall not affect other sections or provisions which can be given force and effect without the invalidated section or provision. (Ord. No. 19-04 , § 1, 9-16-2019) Secs. 12-55-12-80. Reserved. DIVISION 3. LICENSE Sec. 12-81. Required. (a) Obtaining from city. No person shall sell or offer to sell any tobacco, tobacco products or tobacco-related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery device without having obtained a license to do so from the city. All licenses issued under this section shall be valid only on the premises for which the license was issued and only for the person, to whom the license it was issued. No transfer of any license to another location or person shall be valid. (b) Application. An application for a license to sell tobacco, tobacco products or tobacco- related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices shall be made on a form provided by the city. The application shall contain the full name of the applicant, the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, and any additional information the city deems necessary. Upon receipt of a completed application, the city administrator/clerk/treasurer shall forward the application to the city council for Created: 2021-11-01 15:44:02 [EST] (Supp.No.11) Page 6 of 12 DOCSOPEN\SP275\1\836543.v2-11/14/22 action at its next regularly scheduled council meeting. If the city clerk determines that an application is incomplete, the clerk will return the application to the applicant with notice of the information necessary to make the application complete. (c) Action. The council may either approve or deny the license, or it may delay action for such reasonable period of time as necessary to complete any investigation of the application or the applicant it deems necessary. If the council approves the license, the city clerk will issue the license to the applicant. If the council denies the license, notice of the denial will be given to the applicant along with notice of the applicant's right to appeal the council's decision. (d) Term. All licenses issued under this article shall be valid for one calendar year from 3u4-} Jan l through the f ll <.ing run December 31. For any license issued after JanuaU 1 in any year, the license shall be valid from the date of issue through the following june 31. (e) Revocation or suspension. Any license issued under this article may be revoked or suspended. In such case, the licensee may request or hearing or appeal as provided in sections 12-51 and 12-52. (f) Transfers. All licenses issued under this article shall be valid only on the premises for which the license was issued and only for the person to whom the license was issued. No transfer of any license to another location or person shall be valid without the prior approval of the city council. (g) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed location businesses shall be eligible to be licensed under this article. (h) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed premises. (i) Renewals. The renewal of a license issued under this article shall be handled in the same manner as the original application. The request for a renewal shall be made at least 30 days but no more than 60 days before the expiration of the current license. The issuance of a license issued under this article shall be considered a privilege and not an absolute right of the applicant and shall not entitle the holder to an automatic renewal of the license. (j) Smoking. Except as allowed under Minn. Stat. § 144.414, smoking is not permitted and no person shall smoke within the indoor area of any establishment with a retail tobacco license. Smoking for the purposes of sampling tobacco and tobacco related products is prohibited. (Ord. No. 19-04 , § 1, 9-16-2019) Sec. 12-82. Fees. No license shall be issued under this article until the appropriate license fee shall be paid in full. The fee for a license under this article shall be as listed on the appropriate license fee schedule. (Ord. No. 19-04 , § 1, 9-16-2019) DOCSOPEN\SP275\1\836543.v2-11/14/22 See. 12-83. Basis for denial. (a) Grounds for denying the issuance or renewal of a license under this article, include,but are not limited to, the following: (1) The applicant is under the age of 18 years. (2) The applicant has been convicted within the past five years of any violation of a federal, state or local law, ordinance provision, or other regulation relating to tobacco, tobacco products or tobacco-related devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery devices. (3) The applicant has had a license to sell tobacco, tobacco products or tobacco-related devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery devices revoked within the preceding 12 months of the date of application. (4) The applicant fails to provide any information required on the application, or provides false or misleading information. (5) The applicant is prohibited by federal, state or other local law, ordinance or other regulation from holding such a license. (b) Except as may otherwise be provided by law, the existence of any particular grounds for denial does not mean that the city must deny the license. (c) If a license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was ineligible for the license under this article. (Ord. No. 19-04 , § 1, 9-16-2019) Sees. 12-84-12-110. Reserved. DIVISION 4. SALES RESTRICTIONS Sec. 12-111. Prohibited sales. (a) It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco products tobacco-related devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery devices: (1) To any person under the age of 4-921 years. (2) By means of any type of vending machine, except as may otherwise be provided in this article. (3) By means of self-service methods whereby the customer does not need to make a verbal or written request to an employee of the licensed premises in order to receive the tobacco, tobacco products, tobacco-related device, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery devices and whereby there is not a Created: 2021-11-01 15:44:02 [EST] (Supp.No.11) Page 8 of 12 DOCSOPEN\SP275\1\836543.v2-11/14/22 physical exchange of the tobacco, tobacco product, tobacco-related device, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery devices between the licensee or the licensee's employee and the customer. (4) By means of loosies. (5) Containing opium, morphine,jimson weed, bella donna, strychnos, cocaine, marijuana, or other deleterious, hallucinogenic, toxic or controlled substances except nicotine and other substances found naturally in tobacco or added as part of an otherwise lawful manufacturing process. It is not the intention of this provision to ban the sale of lawfully manufactured cigarettes or other tobacco products. (6) By any other means, to any other person, or in any other manner or form prohibited by federal, state or local law, ordinance provision, or other regulation. (b) Smoking and sampling prohibitions. (1) Except for exceptions listed in Minn. Stat. § 144.4167, smoking tobacco shall be prohibited and no person shall smoke in public places and places of work, including outdoor and bar areas of restaurants. Except as provided in Minn. Stat. § 144.4167, subd. 4, tobacco sampling, including sampling of electronic delivery devices and products used in electronic delivery devices, is specifically prohibited within any indoor location in the city. (2) To ensure that tobacco smoke or vapor electronic delivery devices does not enter public places and places of work and that persons entering such places are not exposed involuntarily to smoke or vapor, smoking and the use of electronic delivery devices are prohibited within 25 feet of entrances, exits, open windows and ventilation intakes of public places and places of work. This prohibition does not apply to entrances and exits used solely in the event of an emergency and appropriately signed for that purpose. (c) Smoking lounges. Smoking lounges, hookah lounges and vapor lounges are prohibited within the city. (Ord. No. 19-04 , § 1, 9-16-2019) Sec. 12-112.Vending machines. It shall be unlawful for any person licensed under this article to allow the sale of tobacco, tobacco products or tobacco-related devices by means of a vending machine unless miner-spersons under the age of 21 are at all times prohibited from entering the licensed establishment. (Ord. No. 19-04 , § 1, 9-16-2019) State law reference(s) Ne per-son shall sell tobaeee pr-edttets ffem vending maehines, eReept ift f edifies that a et be entered at any fifne tom„per-seas younger-than 18 . oars of o person shall sell tobacco products, electronic delivery devices, or nicotine or lobelia delivery products from vending machines. This subdivision does not apply to vending machines in facilities that cannot be entered at any time by persons under the age of 21 vvears. Minn. Stat. § 461.18, subd. 2. DOCSOPEN\SP275\1\836543.v2-11/14/22 Sec. 12-113. Self-service sales. All tobacco,tobacco products, tobacco-related devices, electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery devices shall either be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not left open and accessible to the general public. (Ord. No. 19-04 , § 1, 9-16-2019) Sec. 12-114. Responsibility. All licensees under this article shall be responsible for the actions of their employees in regard to the sale of tobacco, tobacco products, tobacco-related devices or electronic cigarettes, electronic delivery devices or nicotine or lobelia delivery devices on the licensed premises; and the sale of such an item by an employee shall be considered a sale by the license holder. Nothing in this section shall be construed as prohibiting the city from also subjecting the clerk to whatever penalties are appropriate under this article, state or federal law, or other applicable law or regulation. (Ord. No. 19-04 , § 1, 9-16-2019) Sec. 12-115. Compliance checks and inspections. All licensed premises shall be open to inspection by the city police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians if the person is under the age of 18,miaer-s ern sons over the age of 4517 years, but less than 4-821 years, to enter licensed premises to attempt to purchase tobacco, tobacco products or tobacco- related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices. MinefsIndividuals used for the purpose of compliance checks shall be supervised by city-designated law enforcement officers or other designated city personnel. ) -sIndividuals used for compliance checks shall not be guilty of unlawful possession of tobacco, tobacco products or tobacco-related devices, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices when such items are obtained as a part of the compliance check. No mine person under the age of 21 used in compliance checks shall attempt to use a false identification misrepresenting the mineptindividual's age, and all minors lawfully engaged in a compliance check shall answer all questions about the minefindividual's age asked by the licensee or his employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research or training purposes, or required for the enforcement of a particular state or federal law or other applicable law or regulation. (Ord. No. 19-04 , § 1, 9-16-2019) State law reference(s) ^ heensing authority shall ^ nduet tinanneaneed eemphaftee ehee s at least enee eaeh ealendar-year-at eaeh ieeafien where tebaeee is sold te test eemplianee of 15,but tinder-the age of 18,who, with the prior-wfitten eensent of a parent or gtiar-dian, attempt te DOCSOPEN\SP275\1\836543.v2-11/14/22 of the h,ensi g authority, A licensing authority shall conduct unannounced compliance checks at least once each calendar year at each location where tobacco, tobacco-related devices, electronic delivery devices. or nicotine or lobelia delivery products are sold to test compliance with sections 609.685 and 609.6855. Compliance checks conducted under this subdivision must involve persons at least 17 years of age,but under the age of 21, who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products under the direct supervision of a law enforcement officer or an employee of the licensing authority. The age requirements for persons participating in compliance checks under this subdivision shall not affect the age requirements in federal law for persons participating in federally required compliance checks of these locations Minn. Stat. § 461.12, subd. 5. Sec. 12-116. Other illegal acts. Unless otherwise provided, the following acts shall be a violation of this article: (1) Illegal sales. It shall be a violation of this article for any person to sell or otherwise provide any tobacco, tobacco product or tobacco-related device, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices to any fftinorperson under the age of 21. (2) Illegal possession. It shall be a violation of this article for any mine person under the of 21 to have in his or her possession any tobacco, tobacco product or tobacco- related device, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices. This subsection shall not apply to er-spersons under the age of 21 lawfully involved in a compliance check. This subsection shall not apply to licensees or licensee's employees who are under the age of 21 when handling any tobacco tobacco product, or tobacco related device, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices as part of a_ sale to a person who is at least 21 years of age. (3) Illegal use. It shall be a violation of this article for any individual under the age of 21 to smoke, chew, sniff or otherwise use any tobacco, tobacco product or tobacco- related device, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices. (4) Illegal procurement. It shall be a violation of this article for any fnifte person under the age of 21 to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product or tobacco-related device, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices; and it shall be a violation of this article for any person to purchase or otherwise obtain such items on behalf of a mine person under the age of 21. It shall further be a violation for any person to coerce or attempt to coerce a mine person under the age of 21 to illegally purchase or otherwise obtain or use any tobacco, tobacco product or tobacco-related device, electronic cigarettes, electronic delivery devices, or nicotine or lobelia delivery devices. This subsection shall not apply to minerspersons under the age of 21 lawfully involved in a compliance check. DOCSOPEN\SP275\1\836543.v2-11/14/22 (5) Use of false identification. It shall be a violation of this article for any a er�son under the age of 21 to attempt to disguise his or her true age by the use of a false form of identification, whether the identification is that of another person or one on which the age of the person has been modified or tampered with to represent an age older than the actual age of the person. (Ord. No. 19-04 , § 1, 9-16-2019) Sec. 12-117, Signage and age verification require (1) Sipnage. At each location where tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products are sold, the licensee shall display a sign in plain view to provide public notice that selling any of these products to any person under the age of 21 is illegal and subject to penalties. The notice shall be placed in a conspicuous location in the licensed establishment and shall be readily visible to any person who is purchasing or attempting to purchase these products. The sign shall provide notice that all persons responsible for selling these products must verify.by means of photographic identification containing the bearer's date of birth, the age of any person under 30 years of age. (2) Age verification. At each location where tobacco, tobacco-related devices. electronic delivery devices or nicotine or lobelia delivery products are sold, the licensee shall verify, by means of government-issued photographic identification containing the bearer's date of birth, that the purchaser or person attempting to make the purchase is at least 21 years of age. Verification is not required if the purchaser or person attempting to make the purchase is 30 years of age or older. It shall not constitute a defense to a violation of this subdivision that the person appeared to be 30 years of age or older. Sees. 12-118-12-130. Reserved. Section 2. This ordinance shall take effect following its adoption and publication. ADOPTED by the City of Spring Park this day of , 2022. CITY OF SPRING PARK By: Jerome P. Rockvam, Mayor ATTEST: By: Jamie Hoffinan, City Clerk DOCSOPEN\SP275\1\836543.v2-11/14/22