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HomeMy WebLinkAbout2024-01-16 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov AGENDA CITY COUNCIL MEETING January 16, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. 2023 Reserve Officer of the Year, Benjamin Sullivan V. OPEN FORUM – open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 2. Public Works Director 3. Police Chief 4. Fire Chief 5. Finance Director 6. Community Development Director 7. City Clerk 8. City Attorney 9. City Administrator VII. CONSENT AGENDA – these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 10. January 2, 2024 Workshop and Regular Meeting Minutes 11. Payment of Bills 12. 5th Street City Garage Project Agreements 13. Drainage and Utility Easement for 1395 Curve Crest Blvd 14. Solid Waste, Recycling and Roll-off Hauler License Renewals for 2024 15. St. Croix Rec Center Freon Purchase Request 16. Short Term Home Rental License 17. Washington County Household Hazardous Waste Day License Agreement to Use Lily Lake VIII. PUBLIC HEARINGS – None IX. UNFINISHED BUSINESS X. NEW BUSINESS 18. CBD Establishment License Renewals for 2024 – Resolutions XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT 11 Jw�lr 216 41h Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov AGENDA CITY COUNCIL MEETING January 16, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS 1. 2023 Reserve Officer of the Year, Benjamin Sullivan V. OPEN FORUM — open forum allows the public to address council on subjects which are not part of the meeting. Council may take action, reply or give direction to staff. Please limit your comments to 5 minutes or less. VI. STAFF REPORTS 2. Public Works Director 3. Police Chief 4. Fire Chief 5. Finance Director 6. Community Development Director 7. City Clerk 8. City Attorney 9. City Administrator VII. CONSENT AGENDA — these items are considered routine and will be enacted by one motion with no discussion. Anyone may request an item to be removed from the consent agenda and considered separately. 10. January 2, 2024 Workshop and Regular Meeting Minutes 11. Payment of Bills 12. 5th Street City Garage Project Agreements 13. Drainage and Utility Easement for 1395 Curve Crest Blvd 14. Solid Waste, Recycling and Roll -off Hauler License Renewals for 2024 15. St. Croix Rec Center Freon Purchase Request 16. Short Term Home Rental License 17. Washington County Household Hazardous Waste Day License Agreement to Use Lily Lake VIII. PUBLIC HEARINGS — None IX. UNFINISHED BUSINESS X. NEW BUSINESS 18. CBD Establishment License Renewals for 2024 — Resolution XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT Stillwater MN Period Rubbish Report -January, 2024 Location: Wisconsin side of the lift bridge, north beach, property owned by the City of Stillwater Identified: 7+ years ago Status: Waiting Pickup Details: Communication in April of 2023 was that these two items were going to be removed. The site was cleaned of bottles and cans on 12/26/2023. These items still remain. 0 Stillwater MN Period Rubbish Report -January, 2024 Location: Supervalu/Cub Foods north of the building between 2nd and 3rd Identified: 5+ Years ago Status: Rubbish & metal was removed over the last 3 years from the city portion of the land. Dumping remains on the Corporate Property. Details: 2 contacts with the company have not generated a response. 5 Stillwater MN Period Rubbish Report -January, 2024 SuperValu/Cub Foods Continued: Stillwater MN Period Rubbish Report -January, 2024 Location: Brown's Creek Trail Dumpsite just west of the 1 mile marker. Identified: 1994 Status: The site has been reported many times. It has at least 22 tires visible (there are probably more buried), a car chassis and multiple 55 gallon drums along with sheet metal and debris. Details: The city is requested to reconsider the 1995 decision to not clean up the site as it is now visible to anyone hiking the Brown's Creek Trail. The tires have been a potential mosquito breeding ground for years. 7 Stillwater MN Period Rubbish Report -January, 2024 Brown's Creek Dumpsite Continued p:. U Stillwater MN Period Rubbish Report -January, 2024 Brown's Creek Dumpsite, continued 9 Stillwater MN Period Rubbish Report -January, 2024 Brown's Creek Dumpsite Continued 10 Stillwater MN Period Rubbish Report -January, 2024 Location: Brown's Creek Trail between the driveway north of town and the old rail bridge over highway 95. Identified: December, 2023 Status: Can the barbed wire fence between the trail and driveway be removed? Details: Dilapidated barb wire fence doesn't seem 11 ad AT&T lie 10:16AM 0 74% M 0 0 so 330 N ,�.., so E 300 is c 120 W 270/ S \�\ �A� 150 240 I tr,t 210 260 NE 4503'21" N 92048'42" W Stillwater, MN 790 ft Elevation Stillwater MN Period Rubbish Report -January, 2024 Location: Loop Trail by the Paddleboats Identified: 7+ years ago Status: The city had money in 2012 to repair these buildings designated as historical but reported it was spent on other projects. Details: The stone structure is supported by wood supports, the large structure is a pigeon coop with holes in the siding and graffiti. Both are surrounded by a fence. Since the work along by the paddleboats is complete, these two buildings are an eyesore on the trail. 3 3•r. f ♦ 'iM 6 4• ''�t.� ! li �4 Stillwater MN Period Rubbish Report -January, 2024 Location: 215 Churchill St E Identified: 7+ years ago Status: Vehicles in the front yard surrounded by an un-permitted fence. Details: 2 sections of the fence that were falling down were replaced in 2023. Washington County Property Tax search indicates no filing for a fence permit. 2 Ana j (water 216 41h Street N, Stillwater, MN 55082 r0 0651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES January 2, 2024 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker (via Zoom), Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders Library Director Troendle OTHER BUSINESS Washington County Emergency Housing Services Building Community Development Director Gladhill stated that an Emergency Housing Services Building is proposed by Washington County on their main campus located at 14949 62nd St N. The site is located in the Public Administrative Offices District (PA), which allows residential uses with a Conditional Use Permit. A Conditional Use Permit allows the City to attach reasonable conditions. The site also includes a remnant parcel that was annexed into Stillwater in 2019 with no zoning district; it should be included in the PA District consistent with the surrounding area. The project would require a Zoning Map Amendment for housekeeping purposes, a Conditional Use Permit (CUP) and lot line adjustment. No official action will be taken on the proposal at this time. Jennifer Castillo, Washington County Director of Community Services, explained the facility will not be a stereotypical shelter, but a support toward removing barriers to housing for clients, whose typical stay will be about 90 days. Melissa Taphorn, Executive Director of Washington County Community Development Agency (CDA), explained the CDA would be the developer and Washington County would be the final owner. She shared the County's history of efforts to house unsheltered adults, and stated that this facility will provide a permanent place for people to reside temporarily while the County helps them find the services they need. Michelle Pribyl, Housing Studio Lead with LHB, reviewed the current site conditions and the advantages: ready access to services at the Government Center, a green space and a buffer City Council Meeting January 2, 2024 to the adjacent neighborhood. She presented a preliminary site plan and interior layout of the building. Ms. Taphorn stated that Washington County will continue to work with City staff to ensure zoning and watershed requirements are met, as well as community engagement. Councilmembers voiced support for the concept. Energy Action Plan Councilmember Odebrecht gave a presentation on development of an Energy Action Plan. He summarized recommendations drafted by a team of very engaged citizens that has been meeting over the past six months, along with Excel Energy's Partners in Energy as project managers. He reviewed recommended initiatives, plan development steps and the four focus areas in the vision statement. The overall energy goal is to save the City 246,000 therms of natural gas and 5.1 million kWh of electricity by the end of 2025, which will save the community $600,000. Implementation of the plan is targeted for March 2024-Sept 2025. He will provide the Council with monthly updates. IT Report Terre Heiser, Information Technology Consultant with CityTech Consulting, presented IT recommendations. City Administrator Kohlmann stated that CityTech was hired to do an IT assessment and audit, finding that the IT department is in very good condition, however there are some strategic adjustments that could be made to improve workloads, efficiency, security and adaptability. Next steps are to fill the IT manager, role but also include some external consulting work; make operational adjustments/network improvements at three City facilities that lack the required upload bandwidth; adopt a Cloud -smart approach to workloads; and explore partnerships with other IT service providers. STAFF REPORTS Public Works Director Sanders reported that buckthorn removal will begin soon at Lumberjack Landing; ice rinks are being flooded; and Pine Hollow townhome association in Liberty neighborhood is asking the City to take over road ownership of Pine Hollow Green and Pine Hollow Place, about 500 feet in total. Council members stated they have no problem as long as the townhome association pays 100% of any road improvement costs. He also reported that staff will meet with National Park Service representatives and Wild River Conservancy about possible use of the Aiple house at Lumberjack Landing. Police Chief Mueller gave personnel updates. Fire Chief Glaser stated the holidays were quiet. There is a blood drive January 9. Bill Peltier will be retiring February 29 after 45 years of service. Finance Director Provos gave a software update. Community Development Director Gladhill updated the Council on River Grove School and review of the demolition ordinance compatibility with the Comprehensive Plan. City Clerk Wolf noted recruitment for election judges has begun. Page 2 of 5 City Council Meeting January 2, 2024 City Attorney Land reported that all three of the CBD businesses failed compliance checks and have been issued administrative citations. City Administrator Kohlmann reminded the Council of upcoming meetings. Library Director Troendle stated energy audit kits are available; and gave a recap of the collection event and upcoming program activities. Mayor Kozlowski recessed the meeting at 6:06 p.m. REGULAR MEETING Mayor Kozlowski called the meeting to order at 7:03 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker (via Zoom), Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Community Development Director Gladhill Finance Director Provos Fire Chief Glaser Police Chief Mueller Public Works Director Sanders PLEDGE OF ALLEGIANCE Mayor Kozlowski led the Council and audience in the Pledge of Allegiance. RECOGNITIONS OR PRESENTATIONS 7:00 P.M. Certificates of Appreciation for Ryan Mathre and Sharon Hollatz, Library Board of Trustees Mayor Kozlowski commended Mr. Mathre and Ms. Hollatz for their service to the City. He also recognized that this is Councilmember Polehna's 20th year on the Council. OPEN FORUM There were no public comments. CONSENT AGENDA December 19, 2023 closed session and regular meeting minutes Payment of Bills Data Practices Policy for Members of the Public and for Data Subjects - Resolution 2024-001 Designating a Responsible Authority in accordance with State Data Practices Statute - Resolution 2024-002 Designating the Authority to Make Electronic Funds Transfers - Resolution 2024-003 Designation of Depositories for 2024 - Resolution 2024-004 Page 3 of 5 City Council Meeting January 2, 2024 Gambling Premise Permit for Bayport American Legion at Patriots Tavern - Resolution 2024-005 Legal Publication Designation for 2024 - Resolution 2024-006 MS4 Services Agreement for 2024 Ordinance Establishing Fee Schedule for 2024 - Ordinance No. 1210 St. Croix Valley Recreation Center and Lily Lake Arena Management Agreement Stillwater Parking Ramp Restoration Services Agreement Temporary Liquor License for Ascension Church Motion by Councilmember Odebrecht, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Case 2023-65 to consider a request of a Preliminary Plat and Final Plat for properties located in Grandview Bluff Addition Community Development Director Gladhill reviewed the case. Brian Brosdahl has applied for a Final Plat to facilitate the lot line reconfiguration of four existing lots. The primary purpose of the reconfiguration is to bring two existing structures into conformity regarding their rear yard structure setbacks and creating larger rear yards for 419 2nd Street South and 322 Broadway Street South. Additionally, the lot line reconfiguration cleans up some existing encroachments. Due to the complexity of the lot line configuration involving multiple parcels, easements, multiple property types (Torrens/Abstract property), etc., a Plat is necessary. All zoning and building code requirements are met. Mayor Kozlowski opened the public hearing. There were no public comments and he closed the public hearing. Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2024-007, Resolution Approving a Preliminary and Final Plat for Grandview Bluff Addition (Case No. CD2023-65). All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Council Representative Appointments to Boards and Commissions Councilmember Polehna stated he was removed as alternative to Middle St. Croix Watershed District (no alternate needed), and he would like to let another Councilmember represent the Human Rights Commission. He will stay on through January. Motion by Councilmember Odebrecht, seconded by Councilmember Junker, to adopt Resolution 2024-008, Designation of Council Representatives for 2024 Boards and Commissions. All in favor. Designation of Vice Mayor Motion by Councilmember Odebrecht, seconded by Councilmember Collins, to adopt Resolution 2024-009, Designating Council Vice Mayor for 2024. All in favor. Page 4 of 5 City Council Meeting January 2, 2024 VOTER Fund Allocation Memorandum of Understanding City Clerk Wolf explained that the 2023 Legislature established the Voting Operations, Technology, and Election Resources (VOTER) Account, allocating $1.25 million annually to be distributed to counties. Counties then distribute allocated funds to municipalities. The City of Stillwater's allocation would be $1,033.17. The funds are required to be in a separate account and annual reporting of how the money was spent is required to be sent to OSS. Staff recommends Council enter into an MOU to opt out of the VOTER account since the City's portion is not significant enough to maintain a separate fund account. Motion by Councilmember Polehna, seconded by Councilmember Collins, to approve the VOTER Fund Allocation Memorandum of Understanding to opt out. All in favor. COUNCIL REQUEST ITEMS Councilmember Polehna reminded everyone of the Martin Luther King, Jr. Breakfast on January 15. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmember Odebrecht, to adjourn. All in favor. The meeting was adjourned at 7:19 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk Resolution 2024-001, Approval of Data Practices Policy for Members of the Public and Data Practices Policy for Data Subjects Resolution 2024-002, Designating a Responsible Authority and Assigning Duties in Accordance with the State of Minnesota Data Practices Statute Resolution 2024-003, A Resolution Approving the Following City Employees as the Official Designated City Authority to Make Electronic Funds Transfers Resolution 2024-004, Designation of Depositories for 2024 Resolution 2024-005, Approving Minnesota Lawful Gambling Premise Permit for Bayport American Legion at Patriots Tavern Resolution 2024-006, Designating the Stillwater Gazette as the City's 2024 Legal Publications Newspaper and Approving Agreement Resolution 2024-007, Resolution Approving a Preliminary and Final Plat for Grandview Bluff Addition (Case No. CD2023-65) Resolution 2024-008, Designation of Council Representatives for 2024 Boards and Commissions Resolution 2024-009, Designating Council Vice Mayor for 2024 Ordinance No. 1210, An Ordinance Establishing the City of Stillwater 2024 Fee Schedule Page 5 of 5 DATE: January 16, 2024 TO: Honorable Mayor and City Councilmembers FROM: Sarah Erenberg, Senior Account Clerk SUBJECT: Payment of bills A list of bills in the amount of $657,176.37 has been sent to the Mayor and City Council Members to approve for payment. 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: January 16, 2024 TO: Honorable Mayor and City Councilmembers FROM: Shawn Sanders, Director of Public Works SUBJECT: Contract Aareements for A & K Construction - 5th Street Facili DISCUSSION Staff received quotes for work at the 5th Street Facility (Old PW Shop) to replace two metal doors and to install a wall separating the storage area for police and the fire department usage. A & K Construction submitted the low bids for each $7,000 for the door replacement and $7,660 for the wall installation. $15,000 was budgeted for these two projects with funds coming from Plant City Hall Capital Outlay. RECOMMENDATION Staff recommends entering into agreements with A & K Construction for door replacements and installation of wall at the Fifth Street Facility. ACTION REQUESTED If Council concurs with recommendation, they should pass a motion APPROVING AGREEMENTS WITH A & K CONSTRUCTION FOR THE 5TH STREET FACILITY �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 16th day of January, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and A & K Construction, 2221 Jack Breault Dr. Ste 400, Hudson, WI 54016 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Door Replacement — 5th St. Shop NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 12/27/2023, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY' S REPRESENTATIVE. The City has designated Mick Greiner to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Ryan Sherley to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater A & K Construction 216 4th Street North 2221 Jack Breault Dr. Ste 400 Stillwater, MN 55082 Hudson, WI 54016 Attention: Mick Greiner Attention: Ryan Sherley Or e-mailed: mgreiner@stillwatermn.gov Or emailed: rsherley@aandkbuilding.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk 4 CONTRACTOR A & K Construction By: By (Please Print): Title (Please Print): Project Description: Door Replacement — 5th St. Shop A&K Construction Date: 12/ 27/ 23 Project: Stillwater — Shop RE: Hollow Metal Doors Proposal includes all labor and material for the following; 2221 Jack Breault Drive, Suite 400 Hudson, WI 54016 Bus.: (651)-233-0578 • Fax: Web: www.AandKconstruction.com Proposal • Hollow metal frames and doors o (2) HM frames 3'0" x 70" with 2" head (to be used with existing doors) o (1) HM frame and flush door for 3'0" x 7'0" with 2" head o (1) HM frame and flushdoor for 2'4" x 7'0" with 2" head • Door hinges for all locations • (1) Latch guard • (2) Scar plate • Re -using all existing locksets • Clean-up Total $7,000.00 Exclusions: Note: This proposal may be withdrawn, if not accepted within 30 days. Respectfully Submitted, A & K Construction Xyan Sherley Signature Acceptance of Proposal Signature 12127123 Date Date All pricing and material is based upon the specifications provided. All work to be completed in a professional manner according to standard practices. Any alterations or deviations from the specifications involving extra costs will be negotiated at that time. All scheduling agreements will be contingent upon delays beyond our control. Our workers are fully covered by Worker's Compensation Insurance. Page 1 of 2 Page 2 of 2 �l water The Birthplace of Minnesota d AGREEMENT FOR SERVICES THIS AGREEMENT ("Agreement") is made and executed this 16th day of January, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and A & K Construction, 2221 Jack Breault Dr. Ste 400, Hudson, WI 54016 ("Contractor"). WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement. WHEREAS, Services under this agreement, are generally described as; Stair Wall — 5th St. Shop NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Contractor as an independent contractor for the purpose of performing certain Services ("Services"), as defined in the following documents: i. A proposal dated 01/04/2024, incorporated herein as Exhibit A; b. Contractor covenants and agrees to provide Services to the satisfaction of the City in a timely fashion, as set forth in the Exhibits, subject to Section 7 of this Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all safety standards. The Contractor shall be solely and completely responsible for conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable agencies and governmental entities. 2. PAYMENT. a. City agrees to pay and Contractor agrees to receive and accept payment for Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written approval by the authorized representative of the City or by the City Council. The City will not pay additional compensation for Services that do not have prior written authorization. c. Contractor shall submit itemized bills for Services provided to City on a monthly basis. Bills submitted shall be paid in the same manner as other claims made to City. d. Prior to payment, the Contractor will submit evidence that all payrolls, material bills, subcontractors and other indebtedness connected with the Services have been paid as required by the City. 3. TERM. The term of this Agreement is identified in the Exhibits. This Agreement may be extended upon the written mutual consent of the parties for such additional period as they deem appropriate, and upon the same terms and conditions as herein stated. 4. TERMINATION AND REMEDIES. a. Termination by Either Party. This Agreement may be terminated by either party upon 30 days' written notice delivered to the other party to the addresses listed in Section 13 of this Agreement. Upon termination under this provision, if there is no default by the Contractor, Contractor shall be paid for Services rendered and reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement. The non -performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party. c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. The City may, in such event, i. Withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. d. Upon termination of this Agreement, the Contractor shall furnish to the City copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 5. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the City, unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided. 7. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits, licenses or authorizations from any local, state, or federal agency for any of the supplies, materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Contractor will be entitled to payment for its reasonable additional charges, if any, due to the delay. 2 8. CITY' S REPRESENTATIVE. The City has designated Mick Greiner to act as the City's representative with respect to be performed under this Agreement. He or she shall have complete authority to transmit instructions, receive information, interpret, and define the City's policy and decisions with respect to the Services covered by this Agreement. 9. PROJECT MANAGER AND STAFFING. The Contractor has designated Ryan Sherley to be the primary contacts for the City in the performance of the Services. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City. 10. INDEMNIFICATION. a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors, or omissions. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each parry in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of claims by Contractor's employees or subcontractors, including all liens. City shall indemnify Contractor against legal liability for damages arising out of claims by City's employees or subcontractors. 11. INSURANCE. During the performance of the Services under this Agreement, Contractor shall maintain the following insurance: a. Commercial General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended; b. Workers' Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy. 12. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date. Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is found to be defective, Contractor shall promptly, without cost to the City, correct such defect. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: If to Contractor: City of Stillwater A & K Construction 216 4th Street North 2221 Jack Breault Dr. Ste 400 Stillwater, MN 55082 Hudson, WI 54016 Attention: Mick Greiner Attention: Ryan Sherley Or e-mailed: mgreiner@stillwatermn.gov Or emailed: rsherley@aandkbuilding.com 3 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as employees of the City for any purpose. 15. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach. c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law. d. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any action must be venued in Washington County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13. h. Entire Agreement. This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. CITY OF STILLWATER By: Ted Kozlowski, Mayor Beth Wolf, City Clerk 4 CONTRACTOR A & K Construction By: By (Please Print): Title (Please Print): Project Description: Stair Wall — 5th St. Shop A&K 2221 Jack Breault Drive, Suite 400 Hudson, WI 54016 Construction Bus.: (651)-233-0578 • Fax: Web: www.AandKconstruction.com Revised Proposal Date: 01/04/24 Project: Stillwater — Shop Building RE: Remove Asphalt and Replace with Concrete Proposal includes all labor and material for the following; • 2x4 wood framed stud wall 8' high and 54' long (studs 4'0" O.C.). Reinforced to roof structure at (2) locations. • Wire fencing along (1) side of wall. • New wood stairway 4' wide with railing on (1) side. • Clean-up Total $7,666.00 Exclusions: Permits, joint sealant, testing, or winter conditions. Note: This proposal may be withdrawn, if not accepted within 30 days. Respectfully Submitted, A & K Construction Ryan Sherfey Signature Acceptance of Proposal Signature 01104124 Date Date All pricing and material is based upon the specifications provided. All work to be completed in a professional manner according to standard practices. Any alterations or deviations from the specifications involving extra costs will be negotiated at that time. All scheduling agreements will be contingent upon delays beyond our control. Our workers are fully covered by Worker's Compensation Insurance. Page 1 of 1 1 1 Water THE BIRTHPLACE OF MINNES O T A DATE: January 16, 2024 TO: Honorable Mayor and City Councilmembers FROM: Katriona Molasky, Assistant City Planner SUBJECT: Permanent Drainage and Utility Easement at 1395 Curve Crest Blvd. BACKGROUND The City has received a request from a property owner to resubdivide an existing Lot (Lot 3, Block 3, Feely's Addition) located at 1395 Curve Crest Blvd. Per City Code, a resubdivision may be approved upon review of a survey and legal description by a registered land surveyor showing the original lot and the proposed subdivision. The resubdivision may be approved, provided the new line will not cause the other remaining portion of the lot to be in violation of the Zoning chapter/Subdivision Ordinance. The proposed resubdivision is in compliance with the bulk dimensional standards for the Zoning District (Business Park Industrial) and will not be in violation of the Zoning Code. Further, the applicants have submitted sufficient legal descriptions and survey documents to approve the resubdivision. Therefore, the resubdivision can be approved administratively. City Council approval is required for the execution of a Permanent Drainage and Utility Easement associated with the resubdivision. Attached is a Permanent Drainage and Utility Easement Agreement to be signed by the City of Stillwater. This agreement grants and conveys unto the City, a permanent easement for utility and drainage purposes and all such purposes ancillary, incident or related thereto (hereinafter "Permanent Easement") under, over, across, through and upon that real property as described. RECOMMENDATION Staff recommends approval of the executed Permanent Drainage and Utility Easement for the resubdivision of 1395 Curve Crest Blvd. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to approve the Permanent Drainage and Utility Easement. PERMANENT DRAINAGE AND UTILITY EASEMENT THIS PERMANENT DRAINAGE AND UTILITY EASEMENT ("Easement") is made, granted and conveyed this day of , 2024, by and between SCSR L.L.C. ("Landowner"), and the City of Stillwater, a Minnesota municipal corporation ("City"). WHEREAS, Landowner owns real property situated within Washington County, Minnesota as described on Exhibit A ("Landowner's Property"), attached hereto and incorporated herein by reference. WHEREAS, the City is working on a project that will require a Permanent Drainage and Utility Easement from Landowner. NOW THEREFORE, Landowner in consideration of the sum of One and no/100 Dollars ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant and convey to the City, its successors and assigns, the following: PERMANENT DRAINAGE AND UTILITY EASEMENT DESCRIPTION Landowner does hereby grant and convey unto the City, its successors and assigns, the following: A permanent easement for utility and drainage purposes and all such purposes ancillary, incident or related thereto ("Permanent Easement") under, over, across, through and upon that real property legally described on Exhibit B ("Permanent Easement Area"), attached hereto and incorporated herein by reference. The Permanent Easement rights granted herein are forever and shall include, but not be limited to, the construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities, any utilities, underground pipes, conduits, culverts, other utilities and mains, and all facilities and improvements ancillary, incident or related thereto, under, over, across, through and upon the Permanent Easement Area. The Permanent Easement rights further include, but are not limited to, the right of ingress and egress over the Permanent Easement Area to access the Permanent Easement for the purposes of construction, maintenance, repair and replacement of any sanitary sewer, storm sewer, water mains, storm water facilities, above ground and below ground drainage facilities any utilities, underground pipes, conduits, culverts, other utilities, mains and all facilities and improvements ancillary, incident or related thereto. EXEMPT FROM STATE DEED TAX The rights of the City also include the right of the City, its contractors, agents and servants: (a) To enter upon the Permanent Easement Area at all reasonable times for the purposes of construction, reconstruction, inspection, repair, replacement, grading, sloping, and restoration relating to the purposes of the Permanent Easement; and (b) To maintain the Permanent Easement Area, any City improvements and any underground pipes, conduits, or mains, together with the right to excavate and refill ditches or trenches for the location of such pipes, conduits or mains; and (c) To remove from the Permanent Easement Area trees, brush, herbage, aggregate, undergrowth and other obstructions interfering with the location, construction and maintenance of the utility pipes, conduits, mains and above ground and below ground drainage facilities and to deposit earthen material in and upon the Permanent Easement Area; and (d) To remove or otherwise dispose of all earth or other material excavated from the Permanent Easement Area as the City may deem appropriate. The City shall not be responsible for any costs, expenses, damages, demands, obligations, penalties, attorneys' fees and losses resulting from any claims, actions, suits, or proceedings based upon a release or threat of release of any hazardous substances, petroleum, pollutants, and contaminants which may have existed on, or which relate to, the Permanent Easement Area or the Landowner's Property prior to the date hereof. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Landowner or their successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. The Landowner, for themselves and their successors and assigns, does hereby warrant to and covenant with the City, its successors and assigns, that they are well seized in fee of Landowner's Property described on Exhibit A, the Permanent Easement Area described on Exhibit B and has good right to grant and convey the Permanent Easement herein to the City. This Easement is binding upon the heirs, successors, executors, administrators and assigns of the parties hereto. OA This Easement may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. [The remainder of this page has been intentionally left blank.] IN TESTIMONY WHEREOF, the parties have caused this Easement to be executed as of the day and year first above written. CITY: CITY OF STILLWATER Ted Kozlowski Mayor Beth Wolf City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2024, before me a Notary Public within and for said County, personally appeared Ted Kozlowski and Beth Wolf to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and the City Clerk of the City of Stillwater, the Minnesota municipal corporation named in the foregoing instrument, and that it was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public Ld LANDOWNER: SCSR L.L.C. By: Its: STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me on this day of , 2024 by . the of SCSR L.L.C., a Minnesota limited liability company, on behalf of said company. Notary Public This instrument drafted by and after recording, please return to: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 EXHIBIT A LEGAL DESCRIPTION OF LANDOWNER'S PROPERTY Real property situated in the City of Stillwater, County of Washington, State of Minnesota, legally described as: PARCEL A That part of Lot 3, Block 3, Feely's Addition, Washington County, Minnesota described as follows: COMMENCING at the northeast corner of said Lot 3; thence on an assumed bearing of South 00 degrees 17 minutes 55 seconds East along the east line of said Lot 3 a distance of 219.33 feet to the POINT OF BEGINNING; thence South 89 degrees 43 minutes 07 seconds West a distance of 178.33 feet; thence northwesterly 23.91 feet along a non - tangential curve concave to the northeast having a radius of 25.33 feet and a central angle of 54 degrees 04 minutes 50 seconds and a chord which bears North 27 degrees 11 minutes 49 seconds West; thence North 00 degrees 09 minutes 24 seconds West a distance of 101.83 feet; thence northerly 34.57 feet along a tangential curve concave to the west having a radius of 94.67 feet a central angle of 20 degrees 55 minutes 24 seconds; thence North 21 degrees 04 minutes 48 seconds West a distance of 21.00 feet; thence northerly 17.45 feet along a tangential curve concave to the east having a radius of 75.00 feet a central angle of 13 degrees 19 minutes 45 seconds; thence North 07 degrees 45 minutes 03 seconds West a distance of 33.61 feet to the northerly line of said Lot 3; thence westerly 44.56 feet along said northerly line being a non -tangential curve concave to the south having a radius of 810.23 feet and a central angle of 03 degrees 09 minutes 04 seconds and a chord which bears South 82 degrees 29 minutes 14 seconds West to the northwest corner of said Lot 3; thence South 00 degrees 17 minutes 55 seconds East a distance of 452.31 feet to the southwest corner of said Lot 3; thence South 88 degrees 48 minutes 49 seconds East a distance of 255.00 feet to the southeast corner of said Lot 3; thence North 00 degrees 17 minutes 55 seconds West a distance of 238.43 feet to the POINT OF BEGINNING. Abstract Property PID: 32.030.20.41.0013 A-1 PARCEL B That part of Lot 3, Block 3, Feely's Addition, Washington County, Minnesota described as follows: BEGINNING at the northeast corner of said Lot 3; thence on an assumed bearing of South 00 degrees 17 minutes 55 seconds East along the east line of said Lot 3 a distance of 219.33 feet; thence South 89 degrees 43 minutes 07 seconds West a distance of 178.33 feet; thence northwesterly 23.91 feet along a non -tangential curve concave to the northeast having a radius of 25.33 feet and a central angle of 54 degrees 04 minutes 50 seconds and a chord which bears North 27 degrees 11 minutes 49 seconds West; thence North 00 degrees 09 minutes 24 seconds West a distance of 101.83 feet; thence northerly 34.57 feet along a tangential curve concave to the west having a radius of 94.67 feet a central angle of 20 degrees 55 minutes 24 seconds; thence North 21 degrees 04 minutes 48 seconds West a distance of 21.00 feet; thence northerly 17.45 feet along a tangential curve concave to the east having a radius of 75.00 feet a central angle of 13 degrees 19 minutes 45 seconds; thence North 07 degrees 45 minutes 03 seconds West a distance of 33.61 feet to the northerly line of said Lot 3; thence easterly 211.42 feet along a non -tangential curve concave to the south having a radius of 810.23 feet and a central angle of 14 degrees 57 minutes 02 seconds and a chord which bears South 88 degrees 27 minutes 43 seconds East to the POINT OF BEGINNING. Abstract Property PID: 32.030.20.41.0013 A-2 EXHIBIT B LEGAL DESCRIPTION OF PERMANENT EASEMENT AREA Drainage and Utility Easement to the City of Stillwater (over Parcel A) An Easement for Drainage and Utility purposes over, under and across the most northerly 10.00 feet of that part of Lot 3, Block 3, Feely's Addition, Washington County, Minnesota described as follows: That part of Lot 3, Block 3, Feely's Addition, Washington County, Minnesota described as follows: COMMENCING at the northeast corner of said Lot 3; thence on an assumed bearing of South 00 degrees 17 minutes 55 seconds East along the east line of said Lot 3 a distance of 219.33 feet to the POINT OF BEGINNING; thence South 89 degrees 43 minutes 07 seconds West a distance of 178.33 feet; thence northwesterly 23.91 feet along a non - tangential curve concave to the northeast having a radius of 25.33 feet and a central angle of 54 degrees 04 minutes 50 seconds and a chord which bears North 27 degrees 11 minutes 49 seconds West; thence North 00 degrees 09 minutes 24 seconds West a distance of 101.83 feet; thence northerly 34.57 feet along a tangential curve concave to the west having a radius of 94.67 feet a central angle of 20 degrees 55 minutes 24 seconds; thence North 21 degrees 04 minutes 48 seconds West a distance of 21.00 feet; thence northerly 17.45 feet along a tangential curve concave to the east having a radius of 75.00 feet a central angle of 13 degrees 19 minutes 45 seconds; thence North 07 degrees 45 minutes 03 seconds West a distance of 33.61 feet to the northerly line of said Lot 3; thence westerly 44.56 feet along said northerly line being a non -tangential curve concave to the south having a radius of 810.23 feet and a central angle of 03 degrees 09 minutes 04 seconds and a chord which bears South 82 degrees 29 minutes 14 seconds West to the northwest corner of said Lot 3; thence South 00 degrees 17 minutes 55 seconds East a distance of 452.31 feet to the southwest corner of said Lot 3; thence South 88 degrees 48 minutes 49 seconds East a distance of 255.00 feet to the southeast corner of said Lot 3; thence North 00 degrees 17 minutes 55 seconds West a distance of 238.43 feet to the POINT OF BEGINNING. Together with an Easement for Drainage and Utility purposes 5.00 feet in width over, under, across and adjacent to all other parcel lines. IM Drainage and Utility Easement to the City of Stillwater (over Parcel B) An Easement for Drainage and Utility purposes over, under and across the north 10.00 feet and the westerly, southerly and easterly 5.00 feet of that part of Lot 3, Block 3, Feely's Addition, Washington County, Minnesota described as follows: BEGINNING at the northeast corner of said Lot 3; thence on an assumed bearing of South 00 degrees 17 minutes 55 seconds East along the east line of said Lot 3 a distance of 219.33 feet; thence South 89 degrees 43 minutes 07 seconds West a distance of 178.33 feet; thence northwesterly 23.91 feet along a non -tangential curve concave to the northeast having a radius of 25.33 feet and a central angle of 54 degrees 04 minutes 50 seconds and a chord which bears North 27 degrees 11 minutes 49 seconds West; thence North 00 degrees 09 minutes 24 seconds West a distance of 101.83 feet; thence northerly 34.57 feet along a tangential curve concave to the west having a radius of 94.67 feet a central angle of 20 degrees 55 minutes 24 seconds; thence North 21 degrees 04 minutes 48 seconds West a distance of 21.00 feet; thence northerly 17.45 feet along a tangential curve concave to the east having a radius of 75.00 feet a central angle of 13 degrees 19 minutes 45 seconds; thence North 07 degrees 45 minutes 03 seconds West a distance of 33.61 feet to the northerly line of said Lot 3; thence easterly 211.42 feet along a non -tangential curve concave to the south having a radius of 810.23 feet and a central angle of 14 degrees 57 minutes 02 seconds and a chord which bears South 88 degrees 27 minutes 43 seconds East to the POINT OF BEGINNING. mm EXHIBIT C DEPICTION OF PERMANENT EASEMENT AREA CURVE CREST BLVD. R=810.23 NTY LINE CH.BRG.=588°27'43"E C.BRG.=S82'29'14'W OF LOTS- p=14-57'02" o L=44.56 o R=810.23 p=3'09'04"� L=21 1.42 _ NW CORNER ------ OF LOT 3 , -� DRAINAGE &-� / N07' 45'03' v - UTILITY 33.61 ,— EASEMENT, \ L=17.45 _ NE CORNER—t p=13'19'45" ,' OF LOT 3 R=75.00 /l/� LU m - i N21'04'48'1N PARCEL B Z m w z1.00~' / / ^ N F p=20'55'24" _ - i `n o R=94.67 S L=34.57 ' 101 .83 - _ 5' NOO'09'24"W S89°43'07'Wi DRAINAGE& `ui - 178.33 UTILITY Ln ^ I / EASEMENT L/1 M 1 / N \ 1 Ln o L=23.91 J Ln t^ R=25.33 p=54°04'50" •••" 1 CH.BRG.-N27'11'49"W 3 Ln m _ 5' PARCEL A,- Ln DRAINAGE &--c\ \ o nmi UTILITY EASEMENT �� Z 5• SW CORNER , SE CORNER OF LOT 3 Le OF LOT 3 /77 255.00 S88'48'49"E -- CERTIFICATION- suite moo 1970 Northwestem Ave. Stillwater, MN 55082 1 hereby certify that this survey, plan Phone 651.275.8969 j DENOTES DRAINAGE & or report was prepared by me or dan@cssurvey UTILITY EASEMENT under my direct supervision and that I .net am a duly licensed Land Surveyor under the laws of the State of Minnesota. O 80 NI 5 CORNERSTONE License.e.No. No. 25718 NORTH Date 1-8-24 LAND Sl.1RVEYING, INC C-1 i water THE BIRTHPLACE OF MINNESOTA DATE: January 5, 2024 TO: Honorable Mayor and Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Solid Waste, Recycling and Roll -off Hauler Licenses BACKGROUND Applications for a 2024 Solid Waste, Recycling and Roll -off Hauler Licenses have been received from: Highland Sanitation and Reycling Inc. Waste Management Inc. Applications for a 2024 Roll -off only Hauler License has been received from: Lightning Disposal Inc. RECOMMENDATION Staff recommends approval contingent upon the satisfactory completion of application submittal requirements. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving Solid Waste, Recycling and/or Roll -off Hauler licenses contingent upon the satisfactory completion of application submittal requirements. water. THE BIRTHPLACE OF MINNESOTA DATE: January 16, 2024 TO: Honorable Mayor and City Councilmembers FROM: Doug Brady, Rec Center Manager SUBJECT: Refrigerant Gas Purchase BACKGROUND St. Croix Valley Recreation Center requests approval to purchase fifty thousand dollars of refrigerant gas. This is needed to maintain our refrigeration plants at the Rec Center and Lily Lake Ice Arena to be able to provide our customers with reliable facilities in order for them conduct their activities. Funding for this is in the CIP Plan. ACTION REQUESTED Motion to accept and approve the purchase of refrigerant gas. �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: January 16, 2024 TO: Honorable Mayor and City Councilmembers FROM: Angela Ross, Community Development Admin. Assistant SUBJECT: Consent Agenda Item: Short -Term Home Rental License Applications BACKGROUND According to Section 41-8, new short-term home rental license applications must be approved by the City of Stillwater City Council. The Community Development Department has received and processed the following short-term home rentals and have deemed them complete for approval by the City Council. Staff would like to note with the addition of new staff we were able to conduct a more in-depth review of the active STHR applications and a discrepancy in the number of licenses available was identified. The last STHR license approved by the City Council noted it was the 38th license to be approved outside of the Central Business District. It has been determined that this initial count is inflated by one property located in the Central Business District. The number of licenses below is the corrected and accurate number of licenses available. Additionally, staff would like to provide an update regarding upcoming license requests. Currently, staff has approximately 10 applications in the review process and 2 future applications, bringing out future anticipated license issued to 49 in 2024. RECOMMENDATION Approval of the following Short -Term Home Rental License Applications: License Address Owner/Applicant Occupancy License Number of Type Type Location Licenses Short-term Owner Outside of home rental 1019 6th Ave S Stephanie Galba Occupied Downtown 38 of 50 Area ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving the above short-term home rental license applications. i water THE BIRTHPLACE OF MINNESOTA DATE: January 5, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Household Hazardous Waste Day License to Use Lily Lake BACKGROUND Attached for your consideration is an agreement with Washington County to use Lily Lake Park for their annual Hazardous Waste Day Collection and Electronics events held each year in May and September. Washington County pays $300 for each event day for the use of the park. RECOMMENDATION This event is very well attended by the city residents and operates very smoothly. Staff recommends to approve the license to use real property agreement for the event to be held on May 4, 2024 and Septermber 21, 2024. ACTION REQUESTED If Council concurs with staff's recommendation, they should pass a motion to approve the license to use real property agreement between Washington County and the City of Stillwater for use of Lily Lake Park on May 4, 2024 and Septermber 21, 2024 for the annual Hazardous Waste Day Collection and Electronics event. Contract No. 16132 LICENSE TO USE REAL PROPERTY This Agreement is entered into by and between The City of Stillwater, Minnesota (Licensor), and the County of Washington, Minnesota (Licensee). WHEREAS, Washington Countywishes to hold household hazardous collection events in the City of Stillwater; and WHEREAS the City of Stillwater agrees to make the Lilly Lake Park available for such events; and WHEREAS, the collection of household hazardous waste provides a public benefit to the residents of Stillwater and the surrounding areas. NOW, THEREFORE, IT BE HEREBY MUTUALLY AGREED AS FOLLOWS: I GRANT OF LICENSE The City of Stillwater hereby grants Washington County a temporary nonexclusive license for the following dates: All day on Saturday May 4, 2024 and Saturday September 21, 2024. For the following location: Lilly Lake Park 1208 Greeley St S Stillwater, MN 55082 II LIMITATION TO DESCRIBED PURPOSE The licensed premises may only be used by Licensee for the purpose of collecting household hazardous waste, waste consumer electronics, and for attendant purposes related thereto. III PAYMENT Licensee shall pay to the City of Stillwater $300.00 for each day of the license, and payment shall be made 30 days after each day of the license and will be sent to: City of Stillwater City Hall, 216 4th St N Stillwater, MN 55082 IV INDEMNIFICATION AND INSURANCE Notwithstanding any other provision to the contrary, the Licensor agrees to indemnify, defend Contract No. 16132 and hold harmless the Licensee, its officers, employees and agents for any and all claims arising out of the contractor's activities related to the services provided under this agreement. Licensee agrees that in order to protect itself as well as the Licensor from claims arising out of providing services and the use of the space and furniture under this agreement, it will at all times during the term of this agreement keep in force policies of insurance providing: General liability limits of $500,000 per claimant and $1,500,000 per occurrence. Certificates of Insurance evidencing the insurance required under this clause must be provided to the Licensor before the effective date of this agreement. The licensee shall also have workers compensation Insurance in statutory amounts. V NONDISCRIMINATION The Contractor agrees to comply with the nondiscrimination provision set forth in Minnesota Statute 181.59 and not discriminate on the basis of race, creed, color, or national origin. The Contractor's failure to comply with this requirement may result in cancellation or termination of the Contract, and all money due or to become due under the Contract may be forfeited for a second or any subsequent violation of the terms or conditions of this Contract. VI RECORDS AVAILABILITY AND RETENTION Pursuant to Minnesota Statute 16C.05, Subd. 5, the Licensee agrees that the Licensor, the State Auditor, or any of their duly authorized representatives at any time during normal business hours and as often as they my reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Licensee and involve transactions relating to this agreement. The Licensee agrees to maintain and make available these records for a period of six years from the date of termination of this agreement. VII FIREARMS PROHIBITED Unless specifically required by the terms of this Contract or the person it is subject to an exception provided by 18 USC§ 926B or 926C (LEOSA) no provider of services pursuant to this Contract or subcontractors shall carry or possess a firearm on County premises or while acting on behalf of Washington County pursuant to the terms of this Contract. Violation of this provision is grounds for immediate suspension or termination of this Contract. VIII SCOPE OF USE County has sole use of area and is responsible for security and traffic flow. Use of site involves large traffic volumes and the County shall not be liable for damage to parking lot or driveways under normal high volume use. County will erect at tent or tents if needed to facilitate our collection. This includes breaching small holes in the bituminous surface of the parking lot to facilitate driving of stakes and securing guyline to the tent. Holes will be repaired by tent purveyor. Contract No. 16132 IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. CITY OF STILLWATER LOSE Ted Kozlowski, Mayor WASHINGTON COUNTY Chair, Washington County Board of Commissioners By: By: Beth Wolf, City Clerk Kevin Corbid County Administrator DATE: APPROVED AS TO FORM BY: Assistant Washington County Attorney DATE: Stillwater  Smoke  Shop Plus Approve or  Deny •No CUP •Compliance check failure •Allowed person under 21 in  the store •Sold to someone under 21 •Did not ask for  ID •Failed 2nd tobacco compliance  check in last 12 months Violations Stillwater  Tobacco Deny Violations •Did not submit proof of 50% sales of CBD  = application is incomplete •No CUP • Compliance check failure • Allowed person under 21 in the store •Sold to someone under 21 •Did not ask for  ID • Selling products with packaging that  appeals to kids Stillwater  Tobacco CBD  House Deny Violations •No CUP (cannot get one) • Compliance check failure • Allowed person under 21 in the store •Sold to someone under 21 •Did not ask for  ID •Clerk that sold the product is under 21 • Labeling and packaging violate State Law  •Quantity of THC in products exceeds allowed in State  Law • Testing certificates are not compliant •Admitted that manufacturing is occurring on site •Offers delivery of CBD products outside of the store CBD House Resolutions Stillwater Smoke Shop Plus  – Approval or Denial Stillwater Tobacco  –Denial CBD House ‐Denial City of Stillwater Washington County, Minnesota RESOLUTION 2024- A RESOLUTION APPROVING THE ISSUANCE OF A CBD RETAIL ESTABLISHMENT LICENSE TO STILLWATER SMOKE SHOP PLUS WHEREAS, on Sept. 6, 2022, the City Council enacted licensing regulations for cannabinoid (“CBD”) retail establishments and began accepting license applications on October 1, 2022; and WHEREAS, City Code Section 41-10 subd. 7 states that no more than two CBD retail establishment licenses shall be issued at any one time and that if more than two applications are submitted, then a point system shall be used to determine which businesses are issued the two licenses; and WHEREAS, pursuant to Resolution 2022-142, adopted by the Stillwater City Council on November 15, 2022, the Council authorized three CBD retail establishment licenses due to special circumstances that justified a deviation from the ordinance; and WHERAS, Stillwater Smoke Shop Plus (“Applicant”), located at 1300 Frontage Road West, Stillwater, was one of the businesses that was approved for a CBD retail establishment license for calendar year 2023; and WHEREAS, the Applicant applied for the renewal of its CBD retail establishment; and WHEREAS, the Applicant’s business is in an appropriate zoning district, but the Applicant does not have a conditional use permit, as required by City Code 31-325 and therefore, the applicant does not comply with the zoning requirements. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize as follows: 1.A CBD retail establishment license is APPROVED retroactively to January 1, 2024, for Stillwater Smoke Shop Plus, conditioned upon the Applicant obtaining a conditional use permit by April 1, 2024 or this license approval is immediately rescinded and the license shall be deemed denied. 2.This license approval does not entitle the license holder approved herein to any future license approvals. 3.All future license applications shall be evaluated, reviewed and decided based on the applications submitted under any laws and ordinances in place at the time of submission. Adopted by the Stillwater City Council this day of , 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Joe Kohlmann, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2024- A RESOLUTION DENYING THE ISSUANCE OF A CBD RETAIL ESTABLISHMENT LICENSE TO STILLWATER SMOKE SHOP PLUS FINDINGS OF FACT WHEREAS, on Sept. 6, 2022, the City Council enacted licensing regulations for cannabinoid (“CBD”) retail establishments and began accepting license applications on October 1, 2022; and WHEREAS, City Code Section 41-10 subd. 7 states that no more than two CBD retail establishment licenses shall be issued at any one time and that if more than two applications are submitted, then a point system shall be used to determine which businesses are issued the two licenses; and WHEREAS, pursuant to Resolution 2022-142, adopted by the Stillwater City Council on November 15, 2022, the Council authorized three CBD retail establishment licenses due to special circumstances that justified a deviation from the ordinance; and WHERAS, Stillwater Smoke Shop Plus (“Applicant”), located at 1300 Frontage Road West, Stillwater was one of the businesses that was approved for a CBD retail establishment license for calendar year 2023; and WHEREAS, the Applicant applied for the renewal of its CBD retail establishment; and WHEREAS, the Applicant’s business is in an appropriate zoning district, but the Applicant does not have a conditional use permit, as required by City Code 31-325 and therefore, the applicant does not comply with the zoning requirements; and WHEREAS, as required by City Code 41-10 subd. 15, the Police Department conducted a compliance check on December 18, 2023; and WHEREAS, the business failed the compliance check when Applicant’s employee sold to an underage buyer in violation of Minn. Stat. §151.72 subd. 3(d) and City Code 41-10 subd. 14(4) and subd. 17(1); and WHEREAS, the employee did not check for identification in violation of Minn. Stat. §151.72 Subd. 5c,and City Code 41-10 subd. 14(6); and WHEREAS, the employee allowed underage persons in the store, which is a violation of City Code 41-10 subd. 14(5); and WHEREAS, the business does not have a conditional use permit, in violation of City Code 31-325; and WHEREAS, the City Council heard all testimony and reviewed all evidence presented at its regular City Council meeting on January 16, 2024, in which the Applicant was invited to attend and the Council accepted and admitted all materials contained in the City Council packet into the record. NOW, THEREFORE, be it resolved that based on the aforementioned Findings, evidence and testimony, the City Council of the City of Stillwater does authorize as follows: 2 1.Adopts the Findings above and hereby DENIES the renewal application of a CBD retail establishment for Stillwater Smoke Shop Plus; and 2.All intoxicating CBD products must be removed from the business location by January 19, 2024; and 3.The Applicant cannot apply for a license or registration from the City of Stillwater until the Office of Cannabis Management is issuing licenses for such businesses; and 4.The license fee shall be refunded to the Applicant. Adopted by the Stillwater City Council this day of , 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Joe Kohlmann, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2024- A RESOLUTION DENYING THE ISSUANCE OF A CBD RETAIL ESTABLISHMENT LICENSE TO STILLWATER TOBACCO FINDINGS OF FACT WHEREAS, on Sept. 6, 2022, the City Council enacted licensing regulations for cannabinoid (“CBD”) retail establishments and began accepting license applications on October 1, 2022; and WHEREAS, City Code Section 41-10 subd. 7 states that no more than two CBD retail establishment licenses shall be issued at any one time and that if more than two applications are submitted, then a point system shall be used to determine which businesses are issued the two licenses; and WHEREAS, pursuant to Resolution 2022-142, adopted by the Stillwater City Council on November 15, 2022, the Council authorized three CBD retail establishment licenses due to special circumstances that justified a deviation from the ordinance; and WHERAS, Stillwater Tobacco (“Applicant”), located at 2010 Market Drive, Stillwater, was one of the businesses that was approved for a CBD retail establishment license for calendar year 2023; and WHEREAS, the Applicant has applied for the renewal of its CBD retail establishment; and WHEREAS, the Applicant’s business is in an appropriate zoning district, but the Applicant does not have a conditional use permit, as required by City Code 31-325 and therefore, the applicant does not comply with the zoning requirements; and WHEREAS, pursuant to City Code 41-10 subd. 2, all CBD retail establishments must derive more than 50 percent of its gross revenue from the sale of any CBD products (intoxicating and non-intoxicating) or related devices; and WHEREAS, despite numerous requests for such documentation, the Applicant has not provided the information to support that it meets this requirements and therefore the application is incomplete, pursuant to City Code 41-10 subd. 3(3), however, the City Clerk has submitted it to the Council for its confirmation of such declaration; and WHEREAS, as required by City Code 41-10 subd. 15, the Police Department conducted a compliance check on December 18, 2023; and WHEREAS, the Applicant’s business failed the compliance check when Applicant’s employee sold to an underage buyer in violation of Minn. Stat. §151.72 subd. 3(d) and City Code 41-10 subd. 14(4) and subd. 17(1); and WHEREAS, the employee did not check for identification in violation of Minn. Stat. §151.72 Subd. 5c, and City Code 41-10 subd. 14(6); and 2 WHEREAS, the employee allowed underage persons in the store, which is a violation of City Code 41-10 subd. 14(5); and WHEREAS, the specific product that the underage person purchased, as well as other products in the business, have a label with a cartoon bee character that closely resembles a product aimed at children, in violation of Minn. Stat. §151.72 subd. 5a(b)(1) and City Code 41-10 subd. 14(10); and WHEREAS, the business does not have a conditional use permit, in violation of City Code 31-325; and WHEREAS, the City Council heard all testimony and reviewed all evidence presented at its regular City Council meeting on January 16, 2024, in which the Applicant was invited to attend and the Council accepted and admitted all materials contained in the City Council packet into the record. NOW, THEREFORE, be it resolved that based on the aforementioned Findings, evidence and testimony, the City Council of the City of Stillwater adopts the Findings above and hereby DEEMS THE APPLICATION INCOMPLETE; and BE IT FURTHER RESOLVED that in the event the application is deemed complete by a court of law or other tribunal with such authority, then based on the aforementioned Findings, evidence and testimony, the City Council of the City of Stillwater does authorize as follows: 1.Adopts the Findings above and hereby DENIES the renewal application of a CBD retail establishment for Stillwater Tobacco; and 2.All intoxicating CBD products must be removed from the business location by January 19, 2024; and 3.The Applicant cannot apply for a license or registration from the City of Stillwater until the Office of Cannabis Management is issuing licenses for such businesses; and 4.The license fee shall be refunded to the Applicant. Adopted by the Stillwater City Council this day of , 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Joe Kohlmann, Acting City Clerk City of Stillwater Washington County, Minnesota RESOLUTION 2024- A RESOLUTION DENYING THE ISSUANCE OF A CBD RETAIL ESTABLISHMENT LICENSE TO CBD HOUSE FINDINGS OF FACT WHEREAS, on Sept. 6, 2022, the City Council enacted licensing regulations for cannabinoid (“CBD”) retail establishments and began accepting license applications on October 1, 2022; and WHEREAS, City Code Section 41-10 subd. 7 states that no more than two CBD retail establishment licenses shall be issued at any one time and that if more than two applications are submitted, then a point system shall be used to determine which businesses are issued the two licenses; and WHEREAS, pursuant to Resolution 2022-142, adopted by the Stillwater City Council on November 15, 2022, the Council authorized three CBD retail establishment licenses due to special circumstances that justified a deviation from the ordinance; and WHERAS, the CBD House (“Applicant”), located at 125 Main Street South, Stillwater, was one of the businesses that was approved for a CBD retail establishment license for calendar year 2023; and WHEREAS, the Applicant has applied for the renewal of its CBD retail establishment; and WHEREAS, the Applicant’s business is located in the Central Business District, which is not located in an appropriate zoning district, and therefore, the Applicant is unable to obtain a conditional use permit, as required by City Code 31-325 and therefore, the applicant does not comply with the zoning requirements; and WHEREAS, as required by City Code 41-10 subd. 15, the Police Department conducted a compliance check on December 29, 2023; and WHEREAS, the business failed the compliance check when Applicant’s employee sold to an underage person in violation of Minn. Stat. §151.72 subd. 3(d) and City Code 41- 10 subd. 14(4) and subd. 17(1); and WHEREAS, the employee did not check for identification in violation of Minn. Stat. §151.72 Subd. 5c, and City Code 41-10 subd. 14(6); and WHEREAS, the employee allowed underage persons in the store, which is a violation of City Code 41-10 subd. 14(5); and WHEREAS, the employee who sold the product to the underage person is under the age of 21, in violation of City Code 41-10 subd. 14(8), which states that no one under the age of 21 shall sell intoxicating CBD products; and WHEREAS, the product purchased by the underage person were not properly labeled, in violation of Minn. Stat. §151.72 subd. 5 (a)-(f) and City Code 41-10 subd. 14(10); and 2 WHEREAS, the underage person reported that the product that was purchased contained 20 mg of THC per serving, which is in excess of the 0.3% THC limit allowed in State Law and City Code, and is a violation of the packaging requirements of 5 mg of THC per serving, Minn. Stat. §151.72 Subd. 5a(f) and City Code 41-10 subd. 14(10); and WHEREAS, other products in the business were examined by law enforcement and one of the testing certificates revealed that the product contained more than 3.0% THC and another testing certificate revealed that the product contained more than 0.5% THC, both of which are in excess of the 0.3% THC limit allowed by State Law and City Code, and is a violation of Minn. Stat. §151.72 subd. 3(a) and City Code 41-10 subd. 14(2) and City Code 31.514.1 subd. 5(1); and WHEREAS, one of the testing certificates examined did not contain the batch number of the product it purported to be testing, in violation of Minn. Stat. §151.72 subd. 4(a) and subd. 5(a)(3); and WHEREAS, many of the packages contained labels that the products were manufactured and distributed by CBD House, 125 Main Street South, Stillwater, however, manufacturing is prohibited unless it is an accessory use as part of a brewery or distillery, pursuant to City Code 31-514.1 subd. 5(3); and WHEREAS, according to the incident report from the compliance check, the clerk informed the underage person that “they were in the process of making more gummies in the back” which is considered manufacturing, in violation of City Code 31-514.1 subd. 5(3); and WHEREAS, based on website information, the business offers delivery of most of its products within 5 business days, which is a violation of City Code 41-10 subd. 14(13), which states that intoxicating CBD products cannot be delivered to a location outside of the retail establishment; and WHEREAS, the business does not comply with zoning; nor does it have a conditional use permit, in violation of City Code 31-325; and WHEREAS, the City Council heard all testimony and reviewed all evidence presented at its regular City Council meeting on January 16, 2024, in which the Applicant was invited to attend and the Council accepted and admitted all materials contained in the City Council packet into the record. NOW, THEREFORE, be it resolved that based on the aforementioned Findings, evidence and testimony, the City Council of the City of Stillwater does authorize as follows: 1. Adopts the Findings above and hereby DENIES the renewal application of a CBD retail establishment for the CBD House; and 2. The retail establishment must be immediately closed, effective January 17, 2024, and shall remain closed until the Police Department confirms that all intoxicating CBD products have been removed from the business location and the business is in compliance with State Law and the City Code; and 3. Internet sales or deliveries of intoxicating CBD products shall cease immediately and are prohibited; and 4. Manufacturing of all CBD products (intoxicating and nonintoxicating) shall cease immediately and are prohibited; and 3 5.The Applicant cannot apply for a license or registration from the City of Stillwater until the Office of Cannabis Management is issuing licenses for such businesses; and 6.The license fee shall be refunded to the Applicant; and 7.Any violations of this Resolution shall subject the Applicant to administrative and criminal penalties, as authorized by State Law and City Code. Adopted by the Stillwater City Council this day of , 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Joe Kohlmann, Acting City Clerk 1 Beth Wolf From:Tommy Andreen <contact@cbdhousemn.com> Sent:Wednesday, January 10, 2024 4:41 PM To:Beth Wolf Subject:Re: CBD License Renewal [CAUTION] *** This email originated from outside the organization. ***  Do not click links or open attachments unless you recognize the sender and know the content is safe.  Hey Beth,  Thank you for the information.  Please inform the council of this if possible, that we have a zero tolerance policy at  CBDHOUSE and the day we were issued the fine we had to let go my only employee. Hope this shows our consideration  of the seriousness of the previous situation and compliance is a matter we hold above all else. Thank you for your  understanding. Take care.  Cheers‐  Tommy A.  On Wed, Jan 10, 2024, 4:32 PM Beth Wolf <bwolf@stillwatermn.gov> wrote:  Good afternoon,  I’m writing to inform you City Council will be reviewing all CBD Establishment license renewals at the Tuesday, January  16, 2024, 7 pm City Council meeting.  The meeting agenda will be available online to view this Friday if you wish to  review the packet materials.  Here is the link: https://www.stillwatermn.gov/city‐government/meeting‐agendas‐ minutes‐and‐material/meeting‐videos    You are welcome to attend the meeting,  It will be held in the Council Chambers at City Hall located at 216 4th St N,  Stillwater, MN 55082.  Please feel free to contact me if you have any questions.    Thank you.  Beth Wolf, City Clerk  City of Stillwater  216 4th Street North, Stillwater, MN 55082 651-430-8802 | Fax 651-430-8809 www.stillwatermn.gov �l Water T H E B I R T H P L A C E O F M I N N E S O TA DATE: January 16, 2024 TO: Honorable Mayor Kozlowski and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: CBD Retail Establishment License Renewal Applications BACKGROUND Three renewal applications for CBD (cannabinoid) Retail Establishment licenses were received for the following businesses: Stillwater Smoke Shop Plus, Stillwater Tobacco and CBD House. There are many issues that need to be discussed with these renewal applications because they are not the typical license renewal applications. There are licensing violations, zoning issues, state law violations and compliance check violations. I have attached numerous documents to this memo to try to help explain the issues, provide more context and allow you to review the facts before you make a final decision. The applicants have been notified of this meeting and were invited to attend. DISCUSSION As you know, the City of Stillwater has been at the forefront of CBD/cannabinoid/cannabis regulations to ensure that a conservative, measured approach was taken regarding these uses in order to protect the public health, safety and general welfare. We first adopted a moratorium on CBD businesses in 2021, prior to the enactment of CBD laws by the State. Then, the City Council adopted CBD regulations for licensing and zoning in 2022, in response to the laws adopted at that time. (Attachments 1 and 2) We have continued to monitor and attempted to adjust our ordinances after the legislature approved adult -use marijuana in 2023.' Currently, the City licenses retailers that sell "intoxicating" CBD products that contain even a trace amount of THC and are ingested (edible, smoke or liquid). Under the City Code and State Law, ingestible intoxicating CBD products sold within the City cannot contain more than 0.3% THC. 1 On August 2, 2023, the City adopted a moratorium prohibiting any new CBD businesses, which is in effect until January 1, 2025, or until the City modifies its ordinances and hands over licensing for cannabis to the Office of Cannabis Management, whichever occurs first. (Attachment 3) Then on October 17, 2023, the Council amended the ordinance in a minor way to allow off -sale liquor stores to sell CBD beverages only (not edibles) and allowed manufacturing as an accessory use to a brewery or distillery. All other manufacturing is prohibited (Attachments 4 and 5). Number of Authorized Retail Licenses City Code 41-10 subd. 7 authorizes the Council to issue only TWO CBD retail licenses. Yet, we currently have 3 licensed CBD retailers. You may recall that after we adopted the ordinance in 2022, three retailers applied for the two authorized licenses. In Resolution 2022-142 (Attachment 6), three businesses were approved for CBD retail licenses for numerous reasons — most importantly, none of them met all the requirements of the Code, specifically zoning or proof of sales,2 but this was a limited approval of three licenses only for one year. Zoning The zoning districts for intoxicating CBD retailers and other uses were intentionally restricted by the Council so that all intoxicating CBD retail businesses would be limited to the Business Park by conditional use permit. Below is the table of CBD uses in their respective zoning districts: ALLOWABLE ZONING DISTRICTS USES CA CBD VC BP-C BP-O BP -I CRD PA PWFD PROS HMU NC Medical IUP IUP IUP Cannabis Distribution Facility CBD Retail P P P Establishments non -intoxicating co a) CBD Retail CUP CUP CUP Establishments - intoxicating You will note that intoxicating CBD retail establishments require a conditional use permit (CUP), yet none of the current businesses have a CUP. If the licenses are renewed by the Council, then as a condition of approval it will be required that they obtain a conditional use permit within 90 days. Certificate of Registration from MDH Under the new State Law, all retailers of CBD products were required to register with the Minnesota Department of Health (MDH) by October 1, 2023. All three businesses have registered with MDH, but below is the list of all of the businesses in the City of Stillwater that have registered with the State to sell CBD products (topical, edible and beverages). Z The ordinance requires that 50% of retail sales be from CBD products to encourage only those businesses that understand the industry to apply for a license. I n 1 Name of Business 412 CBDHouse, LLC 418 Cellars Wine and Spirits of Stillwater 565 Cub Wine & Spirits #1664 682 Dur LLC. 1065 Haskell's Inc 1082 Healing River Chiropractic Hippie Sips B .t Address .T 125 Main St. s St.E 1, Stillwater, MN, 55082 1920 Market Drive, Stillwater, MN, 55082 1801 Market Dr., Stillwater, MN, 55082 8585 Kimbro Lane N, Stillwater, MN, 55082 2225 Curve CreSt. Blvd, Stillwater, MN, 55082 1903 Greeley St. S, Suite 100, Stillwater, MN, 55082 7171st Street South, Stillwater, MN, 55082 1331 Knowlan's Super Markets, Inc. dba Knowlan's FreSh 2720 Stillwater Road East, Maplewood, MN, 55119 1423 KWIK TRIP #415 1524 Lift Bridge Brewing Co. 1684 Melt Pizza Company 1917 North HIII Liquor 1976 O'Brien's Wine & Spirits 1977 O'Brien's Wine & Spirits River Siren Brewing Company LLC Still tobacco Stillwater Smoke Shop Plus Sweetman - Stillwater LLC Lumberjack n Mart 3081 onol) 3550 SETTLERS WAY, STILLWATER, MN, 55082 1900 Tower Dr W, Stillwater, MN, 55082 112 Main Street N, Stillwater, MN, 55082 515 Owens Street North, Stillwater, MN, 55082 118, Chestnut Street East, Stillwater, MN, 55082 118, Chestnut Street East, Stillwater, MN, 55082 225 Main St N, Stillwater, MN, 55082 2010 market drive, Stillwater, MN, 55082 1300 Frontage Road, Stillwater, MN, 55082 5901 Norwich Ave. N., Stillwater, MN, 55082 123 2nd St. N Suite 102, Stillwater, MN, 55082 1980 Stillwater Ave E, Saint oaul , MN, 55119 Please note that other than off -sale CBD beverages at liquor stores and non -ingestible CBD products, all intoxicating CBD retail sales require a license from the City and the businesses must be properly zoned in the business park. We will be investigating the businesses on this list in the near future to find out what kinds of CBD products they are selling and addressing all violations. Compliance checks The sale of intoxicating CBD products to anyone under the age of 21 is prohibited by State law and City Code.' City Code also prohibits anyone under 21 from entering a store with an intoxicating CBD retail license,4 and prohibits anyone under 21 from selling CBD products.' In December 2023, the Police Department conducted compliance checks on all 3 of the existing licensed CBD retail establishments. All three licensed CBD retail establishments failed and sold to an underage decoy.' All three businesses were sent administrative citations with a penalty of $500, which they paid. It cannot be emphasized enough that the City has attempted to educate CBD retailers on the sale of CBD products regarding the age restrictions, zoning, packaging and THC quantities. The City prepared an FAQ immediately after adoption of the ordinance in 2022, 3 Minn. Stat. §151.72 subd. 3(d) (Attachment 7) and City Code 41-10 subd. 14 (4) (Attachment 1). 4 City Code 41-10 subd. 14(5). 5 City Code 41-10(8). 6 All of the clerks have been criminally charged with illegally selling CBD to a person under 21. 3 which was posted on the City's website, updated it and published it as the "Guide for CBD Establishment License" (Attachment 8). This guide has been shared with CBD retailers and is currently posted on the City's website. The City Clerk has responded to every inquiry and question in person and over the phone about the sale of CBD products so that there is an understanding about the sale of these products. There is also a fact sheet which is easily found on the Department of Health's website (Attachment 9) that was specifically designed to explain the CBD law to retailers. Despite the information that is readily and publicly available for all CBD retailers, all of the City's currently licensed CBD retailers failed the compliance checks. Each compliance check failure will be addressed separately: Stillwater Smoke Shop Plus (Attachment 10) • The decoy entered the store and purchased a container of Jelly gummies, with a warning label that you must be 21 to purchase the product. The clerk did not ask for the decoy's age or for an ID. Violations o The clerk sold to an underage buyer in violation of State Law and City Code o The clerk allowed underage persons in the store in violation of City Code Stillwater Tobacco (Attachment 11) • The decoy entered the store and purchased a THC beverage containing 5 mg of THC with a warning label that you must be 21 to purchase the product. The clerk did not ask for the decoy's age or for an ID. The product also contained a cartoon - like characteristic that appeals to children on the label. Violations o The clerk sold to an underage buyer in violation of State Law and City Code o The clerk allowed underage persons in the store in violation of City Code o Packaging violates State Law CBD House (Attachment 12) • The decoy entered the store and purchased 6 individual honey sticks, without labels, which according to the decoy's statement in the report, were alleged to have 20 mg of CBD each. The clerk did not ask for the decoy's age or for an ID. The clerk told the decoy that they were in the process of making fresh gummies in the back. According to the report, the clerk who sold the product to the decoy was 20 years old. • The officers checked many of the products in the store and it was noted that there were labels on the products indicating they were "distributed and manufactured by CBD House" with an address of 125 Main St. S. Stillwater. The officers photographed CBD products and lab reports. (Attachment 13) One of the products had a QR Code on the packaging. When scanned, the QR code produces a lab report Certificate of Analysis, presumably for that product. The date on the lab report is 1/13/23, there is no associated batch number that ties the report to the 4 product and according to the lab report, the potency of THC in that product is 0.5% with a +/- .014% margin of error. When our office attempted to contact the lab to verify the lab report, the telephone number was not in service and there is no current website information for the company. While Minova Laboratories is listed on the U.S. Department of Agriculture's Agricultural Marketing Service website, according to a Google search, the lab is listed as permanently closed. There were other lab reports produced that reflect levels of THC in the products that are in excess of .3%. Violations o The clerk sold to underage buyer in violation of State Law and City Code o The clerk allowed underage persons in the store in violation of City Code o Labeling and packaging are in violation of State Law and City Code o The honey sticks are alleged to exceed the THC mg per serving, which is 5 mg per serving or 50 mg per package in violation of State Law and City Code o CBD products are being sold that contain more than 0.3% THC in violation of State Law and City Code o Manufacturing is alleged to be taking place in the store in violation of City Code o The clerk that sold the product was under the age of 21 in violation of City Code Given the set of facts, the City Attorneys' Office is not comfortable renewing any of the CBD retail licenses and has provided sufficient documentation to deny all 3 of the renewal applications. We provide the following summary of each business application for your consideration: Stillwater Smoke Shop Plus (1300 Frontage Rd. W) — This business has been in existence for many years but came under new ownership as of October 2022.' The owner passed the background check, submitted supporting documentation which shows basic data that they may meet the criteria for 50% of sales related to CBD, and while the location is in the correct zoning district, the business needs a conditional use permit. The business failed the compliance check and sold to an underage buyer. The Council could renew the CBD retail license, but only if the business obtains a CUP. Stillwater Tobacco (2010 Market Dr) — This business has been in existence for many years but just started selling CBD products last year with the 2023 license. The owner passed the background check, and while the location is in the correct zoning district, the business needs a conditional use permit. The business failed the compliance check and sold to an underage buyer. Further, the product that the decoy purchased at the store contained a cartoon bee mascot that shares a resemblance to the Honey Nut Cheerios mascot. This product is advertising to minors and, when combined with the store's failure to ask for identification, could pose a concern for the public safety. The applicant did not submit supporting documentation to show they meet criteria for 50% of sales related to On a related note, the business has failed two tobacco compliance checks in the last 12 months. 5 CBD, therefore, the application is deemed incomplete. The Council should deny the CBD retail license because the application is incomplete and because they are selling products in violation of State Law packaging requirements. If denied, they should be required to immediately remove all intoxicating CBD products from their store. CBD House (125 Main St. S) — This is an existing business. The owner passed the background check, submitted supporting documentation to show that they meet criteria for 50% of sales related to CBD, but the location of this business does not comply with zoning, and therefore they cannot apply for a CUP. They have had a year to relocate the business but have not done so. This business had numerous violations discovered during the compliance check, including selling to an underage buyers, having an underage clerk selling the products, packaging and labeling violations and exceeding the quantities of THC. They are under investigation for manufacturing of products on -site as well as selling products by internet sales. The Council should deny the CBD retail license due to the numerous violations of State Law and City Code and should be required to close their business immediately and not re -open until all intoxicating CBD products have been removed and they can confirm they are no manufacturing and are not conducting internet sales. ACTIONS TO BE CONSIDERED: Stillwater Smoke Shop Plus We have prepared 2 resolutions — one for approval and one for denial, depending on the outcome of the discussion by the Council. If approved, there will be a condition of approval that they must obtain a CUP within 90 days. MOTION TO ADOPT RESOLUTION 2024- (APPROVING/DENYING) THE ISSUANCE OF CBD RETAIL ESTABLISHMENT LICENSE TO STILLWATER SMOKE SHOP PLUS Stillwater Tobacco This application should be denied. If denied, we should refund the license fee. MOTION TO ADOPT RESOLUTION 2024- DENYING THE ISSUANCE OF A CBD RETAIL ESTABLISHMENT LICENSE TO STILLWATER TOBACCO CBD House This application should be denied. If denied, we should refund the license fee. MOTION TO ADOPT RESOLUTION 2024- DENYING THE ISSUANCE OF A CBD RETAIL ESTABLISHMENT LICENSE TO CBD HOUSE ATTACHMENTS Attachments 1-13 6 Attachment 1 (p. 1) Sec. 41-10 CBD retail establishment license. Subd. 1. Purpose. Because the city recognizes that persons under the age of 21 years may purchase or otherwise obtain, possess and use intoxicating CBD products; and the sale of these products to persons under 21 years of age are violations of state and federal laws; and because the use of intoxicating CBD products by those underage subsequently places a financial burden on all levels of government, this chapter is intended to regulate the sale of intoxicating CBD products for the purpose of enforcing and furthering existing laws. Subd. 2. Definitions. CBD means a compound of the cannabis plant known as cannabidiol. CBD retail establishment means a business that sells CBD products and derives more than 50 percent of its gross revenue from the sale of any CBD products (intoxicating and non -intoxicating) or related devices. CBD products means and includes industrial hemp products and hemp derived products. CBD incidental sales means any business that sells or provides CBD products as an incidental part of its business but is not a CBD retail establishment (intoxicating or non -intoxicating). Edible cannabinoid (CBD) product means any product that is intended to be eaten or consumed as a beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. Hemp or industrial hemp means the "industrial hemp" definition provided under Minn. Stat. § 18K.02, subd. 3, as may be amended. Hemp manufacturing means the ability to facilitate the manufacturing of industrial hemp. Intoxicating cannabinoid (CBD) products means products made from substances extracted from certified hemp plants that produce intoxicating effects when consumed by any route of administration and have more than a trace amount of THC. Intoxicating CBD products include but are not limited to products made with Delta-8, Delta-9 and Delta-10. Medical cannabis means the definition provided under Minn. Stat. § 152.22, subd. 6, as may be amended. Medical cannabis distribution facility means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minn. Stat. § 152.29, subd. 1(a), as may be amended, and the requirements of the commissioner of Minnesota department of health or other applicable state law. Nonintoxicating cannabinoid(CBD)product means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. THC means tetrahydrocannabinol. Subd. 3. CBD retail establishment license required. No person may operate a CBD retail establishment without first having obtained a CBD retail establishment license from the city. No person shall sell intoxicating CBD products except at a CBD retail establishment. (1) Application. An application for a CBD retail establishment must be made on a form provided by the city. The application must contain the full name of the applicant, date of birth, driver's license number, social security number the applicant's residential and business addresses and telephone numbers, the name of the business for which the license is sought, names of all managers, addresses, date of birth, driver's license number, and any additional information the city deems necessary. The city clerk, with the assistance of the police chief or the chief's designee, is responsible to see that background checks (Supp. No. 94) Created: 2023-11-10 09:21:46 [EST] Page 1 of 5 Attachment 1 (p. 2) are done on all applicants and managers. Upon receipt of a completed application, the city clerk will forward the application to city council for action. (2) After the city has received a completed application, including all required documentation, appropriate fees and a completed background investigation, the license will be submitted to the city council for consideration. (3) Incomplete applications will be rejected by the city clerk and will not be submitted to the city council. Subd. 4. Investigation. In order to protect the general welfare of the public, new and renewal license applications require a background investigation. The investigations will be conducted pursuant to this section. (1) Authorization. At the time of making an initial or renewal license application, the applicant must provide written authorization to the city to investigate all facts set out in the application and to do a background investigation on the applicant. The information obtained from the investigation shall be used to assist the police chief in making a recommendation as to whether the applicant should be granted a license. The recommendation may be based on any of the following criteria: Whether the applicant was convicted of a crime or offense in the last five years involving or directly relating to the business for which a license is sought; b. Whether there is a material misrepresentation in the application; C. Any of the reasons for denial in city code section 41-10, subd. 10. (2) Investigation fee. All applicants that must undergo a background investigation must pay an investigation fee with the license application. The city council establishes the investigation fees by city council resolution. Subd. 5. Insurance. The applicant must file with the city clerk a certificate of insurance from an insurance company duly licensed and qualified to do business in the state, on a form approved by the city. (1) Coverage requirements. The insurance policy certified must provide coverages and amounts as required by state law and by the city. (2) Coverage changes and cancellation. The applicant may not cancel or change the insurance without 30 days' prior written notice to the city clerk. The certification of insurance must be continuously in effect until 30 days after receipt of the written notice of cancellation or change. Subd. 6. Term. All licenses issued under this section are valid from January 1 and terminate on December 31 of each calendar year. Subd. 7. Limit on licenses. No more than two CBD retail establishment licenses shall be issued at any one time. In the event that more than two applications are submitted at the same time, then a point system shall be used to determine which businesses are issued the two licenses, with one point for each of the criteria below: (1) It is an existing business that has been established at the location for more than six months or it is a business applying for a renewal application. (2) The CBD retail establishment location is a legal conforming use. (3) The applicant/owner is a Stillwater resident. (4) A completed application was submitted that complies with all information required and fees paid. The two applications with the highest number of points shall be issued a license. In case of a tie, the licenses shall be determined through a drawing by the Mayor. Subd. 8. Fees. No license may be issued under this section until the appropriate license fee is paid in full. Fees shall not be pro -rated for a license that is issued mid -year. (Supp. No. 94) Created: 2023-11-10 09:21:46 [EST] Page 2 of 5 Attachment 1 (p. 3) Subd. 9. Exceptions. No license shall be required for the following: (1) Medical marijuana distribution facilities licensed or approved by the State. (2) The sale of non -intoxicating CBD products, which may be sold in any business establishment in the CA, CBD, VC, BP-C, BP -I, BP-0 or HMU zoning districts. Subd. 10. Basis for denial of license. Any one of the following are grounds for denying the issuance or renewal of a license under this section; however, except as may otherwise be provided by law, the existence of any particular ground for denial does not mean that the city must deny the license. If a license is mistakenly issued or renewed to a person, it will be revoked upon the discovery that the person was ineligible for the license under this subdivision. (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 marijuana or CBD products. (3) The applicant has had a license to sell CBD products suspended or revoked by the city or any other jurisdiction during the 12 months preceding 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 location proposed is or has been maintained as a public nuisance, place of unlawful assembly, disrepute or criminal activity. (7) The applicant is applying for a location in an area that is prohibited for such use by state law or the city zoning code or where the property line is within 500 feet of a school or church. (8) Real estate taxes or assessments for the premises on which the business is located are delinquent and unpaid. (9) The applicant owes outstanding fees to the city. (10) The applicant already has a CBD retail establishment license from the city. Subd. 11. Transfers. All licenses issued under this section are valid only on the premises for which the license was issued and only for the person to whom the license was issued. The transfer of any license to another location, business or person is prohibited. Subd. 12. Display. All licenses must be posted and displayed in plain view of the general public on the licensed premise. Subd. 13. Renewals. The renewal of a license issued under this section must be handled in the same manner as the original application. The request for a renewal must be made at least 60 days before the expiration of the current license. Subd. 14. Performance Standards. All CBD retail establishments must meet the following conditions: (1) CBD products and edible CBD products may be sold for human or animal consumption only if all of the packaging requirements of Minn. Stat. § 151.72, subd. 3, or as may be amended. (2) No CBD product may contain more than 0.3 percent of THC. (3) No edible CBD product can contain an amount of any TCH that exceeds five mg per serving or 50 mg per package. (Supp. No. 94) Created: 2023-11-10 09:21:46 [EST] Page 3 of 5 Attachment 1 (p. 4) (4) No intoxicating CBD product may be sold to anyone under the age of 21. (5) No one under 21 shall be allowed to enter an CBD retail establishment that sells intoxicating CBD products. (6) Any person selling or distributing licensed products shall require proof of age by means of government issued photographic identification from the prospective purchaser showing purchaser is 21 years old or older. (7) Signage identifying the legal sales age and the age verification requirement shall be posted at the point of sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. (8) No one under 21 shall sell intoxicating CBD products. (9) CBD products must comply with the testing requirements in Minn. Stat. § 151.72, subd. 4, as may be amended. (10) CBD products must comply with the labeling and packaging requirements of Minn. Stat. § 151.72, subds. 5 and 5a, as may be amended. (11) Intoxicating CBD products cannot be sold in vending machines, by transient merchants, peddlers, by a moveable place of business, through a drive -through or by internet sales for in-store pick up. (12) Intoxicating CBD products cannot be sold at exclusive liquor stores. (13) Intoxicating CBD products cannot be delivered to a location outside of the CBD retail establishment. (14) No sampling is allowed. (15) No on -site entertainment is allowed. (16) No flavored inhaled intoxicating CBD products may be sold. (17) No gels, powders or other forms of intoxicating CBD that are mixed with liquid may be sold. Subd. 15. Compliance checks and inspections. All licensed premises must be open to inspection by the local law enforcement or other authorized city official during regular business hours. From time to time, but at least once per year, the city must conduct compliance checks by engaging persons between the ages of 17 and 21 years, to enter the licensed premises to attempt to purchase intoxicating CBD products. Compliance checks using persons under the age of 18 shall require parent or guardian consent. Persons used for the purpose of compliance checks must be supervised by designated law enforcement officers or other designated city personnel. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of intoxicating CBD products when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check may answer all questions about the person's age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section prohibits 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. Subd. 16. Penalties. Any license issued under this section may be revoked or suspended. In addition, any person who violates any provision of this ordinance is subject to the general penalties section of city code section 22-11. Subd. 17. Prohibited acts. (1) Legal age. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any intoxicating CBD product to any person under the age of 21. (Supp. No. 94) Created: 2023-11-10 09:21:46 [EST] Page 4 of 5 Attachment 1 (p. 5) (2) Illegal possession. It shall be unlawful for any person under the age of 21 to possess any intoxicated CBD product. This chapter shall not apply to persons under the age of 21 lawfully involved in a compliance check. (3) Illegal use. It shall be unlawful for any person under the age of 21 to use any intoxicating CBD product, unless it is legally authorized medical marijuana. (4) Use of false identification. It shall be unlawful for any person under the age of 21 to attempt to disguise the person's 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, in order to purchase any intoxicating CBD product. (Ord. No. 1190, § 1, 9-6-22) (Supp. No. 94) Created: 2023-11-10 09:21:46 [EST] Page 5 of 5 Attachment 2 (p. 1) City of Stillwater Washington County, Minnesota ORDINANCE NO. 1192 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-101, SECTION 31-325, SECTION 31-315, REGARDING MEDICAL CANNABIS, CANNABIDIOL (CBD) PRODUCTS AND HEMP GROWING, AND SECTION 31-514.1 REGARDING PERFORMANCE STANDARDS FOR CANNABIS -RELATED USES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article 1, Section 31-101 of the City Code, Definitions, is hereby amended by adding the following definitions: CBD means a compound of the cannabis plant known as cannabidiol. CBD retail establishment - intoxicating means a business that sells any intoxicating CBD products and derives more than 50% of its gross revenue from the sale of any CBD products (intoxicating and non -intoxicating) or related devices. CBD retail establishment — non- intoxicating means a business that sells CBD products but all of them are non -intoxicating CBD products and derives more than 50% of its gross revenue from the sale of any CBD products or related devices. CBD products means and includes industrial hemp products and hemp derived products. CBD incidental sales means any business that sells or provides CBD products as an incidental part of its business but is not a CBD retail establishment (intoxicating or non -intoxicating). Edible cannabinoid (CBD) product means any product that is intended to be eaten or consumed as a beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. Hemp or Industrial Hemp means the definition provided under Minn. Stat. § 18K.02 subd. 3, as may be amended. Hemp manufacturing means the ability to facilitate the manufacturing of industrial hemp. Intoxicating cannabinoid (CBD) products means products made from substances extracted from certified hemp plants that produce intoxicating effects when consumed by any route of administration and have more than a trace amount of THC. These include but are not limited to products made with Delta-8, Delta-9 and Delta-10. Medical cannabis means the definition provided under Minn. Stat. § 152.22, subd. 6, as may be amended. Attachment 2 (p. 2) Medical cannabis distribution facility means a facility operated by a medical cannabis manufacturer for purposes of distributing medical cannabis in accordance with Minn. Stat. § 152.29, subd. 1(a), as may be amended, and the requirements of the commissioner of Minnesota department of health or other applicable state law. Medical cannabis laboratory means an independent laboratory permitted to test medical cannabis produced by a medical cannabis manufacturer in accordance with Minn. Stat. § 152.29, subd. 1(b), as may be amended, and the requirements of the commissioner of the Minnesota department of health or other applicable state law. Medical cannabis manufacturer means the definition provided under Minn. Stat. § 152.22, subd. 7, as may be amended. Nonintoxicating cannabinoid (CBD) product means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. SECTION 2 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-325 of the City Code, Allowable Uses in Non -Residential Districts - Retail, is hereby amended as follows: ALLOWABLE ZONING DISTRICTS USES CA CBD VC BP-C BP-0 BP -I CRD PA PWFD PROS HMU NC Medical IUP IUP IUP Cannabis Distribution Facility CBD Retail P P P Establishments non -intoxicating a� CBD Retail CUP CUP CUP Establishments - intoxicating Medical IUP m Cannabis Laboratories CU m co J 2 Attachment 2 (p. 3) SECTION 3 AMENDMENT. Chapter 31, Article III, Division 3, Section 31-315 of the City Code, Allowable Uses in Residential Districts, is hereby amended as follows. - ALLOWABLE USES ZONING DISTRICTS A-P LR CTR RA TR CCR RB CR TH CTHR RCL RCM RR HMU'F Growing of P Industrial Hemp SECTION 4 ENACTMENT. Chapter 31, Article V, Division 2, Section 31-514.1 is hereby enacted as follows: Sec. 31-514.1 Cannabis -Related Uses Subd. 1. Medical Cannabis Distribution Facilities shall comply with the following performance standards: (1) The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; (2) A security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation as approved by the Police Chief; (3) The distance limitations on locations of facilities in relation to a public or private school provided for under Minn. Stat. § 152.29, as may be amended, are incorporated herein. A facility shall not be closer than 200 feet of a zoning district that allows single family, two-family, townhomes, or multi -family dwellings; (4) All facilities shall be setback from all property lines a minimum of 25 feet; (5) Facilities are prohibited from operating drive-throughs; (6) No exterior storage shall be allowed. Subd. 2. Medical cannabis laboratories shall comply with the following performance standards: (1) The maximum length of an interim use permit shall be three years. Interim use permits granted pursuant to this section are not transferable and terminate upon sale of the facility or discontinuance of use; (2) A security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation as approved by the Police Chief; (3) A laboratory shall be setback from all property lines a minimum of 25 feet; (4) No exterior storage shall be allowed. 3 Attachment 2 (p. 4) Subd. 3. Growing of industrial hemp shall comply with the following performance standards: (1) A minimum of 200 contiguous acres is required for the hemp growing operation; (2) The hemp grower must be licensed by the State pursuant to Minn. Stat. Ch. 18K; (3) The sale of CBD products is not permitted on the same property as the hemp growing operation. Subd. 4. The sale of CBD products shall comply with the following performance standards: (1) Only CBD retail establishments -intoxicating are allowed to sell, display, or provide intoxicating CBD products. (2) All CBD retail establishments —intoxicating shall have a security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation that is approved by the Police Chief; (3) No CBD retail establishment —intoxicating shall have a drive -through, walk-up window service, sidewalk displays, sales or outdoor storage or sandwich board signs; (4) There must be at least 1,000 feet between all CBD retail establishments (intoxicating and non -intoxicating); (5) All CBD retail establishments (intoxicating and non -intoxicating) shall be located at least 500 feet from any school when measured in a straight line from the edge of the building wall or tenant wall space in which the establishment is located to the property line of the school or licensed day care facility; (6) CBD incidental sales of non -intoxicating CBD products are permitted in any non- residential district. Subd. 5. The following cannabis uses are prohibited within the City: (1) CBD products that contain more than .3 percent tetrahydrocannabinol (THC). (2) Medical cannabis manufacturing. (3) Hemp manufacturing. SECTION 5 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance regulates CBD products, medical cannabis, and industrial hemp growing operations within the City of Stillwater, prohibiting the sale of CBD products that contain more than .3 percent tetrahydrocannabinol (THC), as well as medical cannabis manufacturing and hemp manufacturing. Medical cannabis distribution sites and labs will be limited to the properties within the Business Park. Industrial hemp growing operations require 200 contiguous acres to operate and cannot sell CBD products on site. The sale of intoxicating CBD products with THC are only allowed in the business n Attachment 2 (p. 5) park in stores in which more than 50% of their business is CBD products. Non - intoxicating CBD products can be sold as incidental sales in any business district. SECTION 6 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 6th day of September, 2022, ATT ST: //j Z �- I Beth Wolf, City ler CITY OF L WATER , *2�� Ted Kozlowski, Mayor 5 Attachment 2 (p. 6) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) sti COUNTY OF WASHINGTON Debbie Schwalba being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: Stillwater Gazette with the known office of issue being located in the county of. WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 09/09/2022 and the last insertion being on 09/09/2022. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper, complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. Designated Agent Subscribed and sworn to or affirmed before me on 09/09/2022 by Debbie Schwalba. notary Public DARLENE MARIE MACPHERSON NOTARY PUBLIC MINNESOTA my commission ExD m Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch CITY OF STILLWATER ORDINANCE NO. 1192 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-101, SECTION 31-325, SECTION 31-315, REGARDING MEDICAL. CANNABIS, CANNABIDIOL (CBD) PRODUCTS AND HEMP GROWING, AND SECTION 31-514.1 REGARDING PERFORMANCE STANDARDS FOR CANNABIS -RELATED USES The City Council of the City of Stillwater does ordain: The ordinance regulates CBD products, medical cannabis, and industrial hemp growing operations within the City of Stillwater, prohibiting the sale of CBD prod- ucts that contain more than .3 percent tetrahydrocannabinol (THC), as well as medical cannabis manufacturing and hemp manufacturing. Medical cannabis distribution sites and labs will be limited to the properties within the Business Park. Industrial hemp growing operations require 200 con- tiguous acres to operate and cannot sell CBD products on site. The sale of intoxicating CBD products with THC are only allowed in the business park in stores in which more than 50% of their business is CBD products. Non -intoxicating CBD products can be sold as incidental sales in any busi- ness district - Approved this 6th day of September, 2022. Do not hesitate to contact the City Clerk's Office (651) 430-6602 if you have any questions or need further information. Signed: Beth Wolf, City Clark Published in the Stillwater Gazette September 9, 2022 1257060 Ad ID 1257060 Attachment 3 (p. 1) City of Stillwater Washington County, Minnesota ORDINANCE NO. 1203 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING THE ESTABLISHMENT OF NEW USES OR THE EXPANSION OF EXISTING USES RELATED TO CANNABIS BUSINESSES The City Council of Stillwater does ordain: WHEREAS, during the 2023 legislative session, the Minnesota Legislature passed a package of laws, Chapter 63—H.F.No.100 of the Minnesota 2023 Regular Session, that legalize adult -use cannabis in Minnesota and establish a regulatory framework for the cannabis industry (collectively "2023 Cannabis Laws"); and WHEREAS, as a part of the 2023 Cannabis Laws, the Office of Cannabis Management ("OCM") was created with responsibilities that include issuing licenses for cannabis businesses and drafting and approving the related rules and procedures; and WHEREAS, Minn. Stat. § 342.10, part of the 2023 Cannabis Laws, lists 16 different types of cannabis business licenses, including licenses for the growing, manufacturing, selling, testing, transporting of cannabis and cannabis events ("Cannabis Business Licenses"); and WHEREAS, OCM will not be prepared to issue Cannabis Business Licenses until approximately January 2025 and many details related to the Cannabis Business Licenses are yet to be determined; and WHEREAS, the OCM has also been tasked with developing model ordinances for local governments for reasonable restrictions on time, place and manner of the operation of a cannabis business, the forms and procedures for the retail registration required by local governments, and the model policies and procedures for cannabis business compliance checks; it is unclear when those documents can be expected; and WHEREAS, the 2023 Cannabis Laws includes a provision, Minn. Stat. § 342.13(e), that authorizes the City to adopt an interim ordinance to regulate, restrict, or prohibit the operation of a cannabis business within the City until January 1, 2025, for the purpose of conducting studies or holding a hearing to consider adoption of reasonable restrictions on the time, place and manner of the operation of a cannabis business to protect the planning process and the health, safety and welfare of its citizens; and WHEREAS, the City Council held a public hearing on the proposed interim ordinance on August 2, 2023; and WHEREAS, the Stillwater City Council has determined that an interim ordinance to prohibit the operation of a cannabis business is necessary and appropriate to give City Staff the time to study reasonable restrictions on the time, place and manner of the operation of cannabis retail businesses to protect the planning process and the health, safety and welfare of its citizens. Attachment 3 (p. 2) NOW, THEREFORE, pursuant to Minnesota Statutes § 342.13(e): The City Council of the City of Stillwater does ordain: SECTION 1. NEW CANNABIS BUSINESSES PROHIBITED. No business, person or entity may open and operate a new cannabis business that would require a Cannabis Business License under the 2023 Cannabis Laws until January 1, 2025, or until ordinances regulating all such uses become effective, or until the Council rescinds this Interim Ordinance, whichever occurs first. SECTION 2. EXISTING CBD BUSINESSES. Businesses, persons or entities that have an existing CBD license from the City pursuant to City Code Section 41-10, or as may be amended, are authorized to continue to sell CBD products, as defined therein, but shall not expand such business or sales until this Interim Ordinance expires or terminates pursuant to Section 1. This provision does not prevent any business from applying for a license pursuant to that section if a license is available. SECTION 3. CONDUCT STUDY AND MAKE RECOMMENDATION. City Staff is directed to conduct a study to gather information, analyze the model ordinances and policies from the OCM when they become available, and make a recommendation to the Council regarding reasonable restrictions on the time, place and manner of the operation of cannabis retail businesses. SECTION 4. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City will be undergoing a study regarding cannabis businesses to determine if regulations are appropriate. No business, person or entity may open and operate a new cannabis business or expand an existing cannabis or CBD business that would require a Cannabis Business License under the 2023 Cannabis Laws until the City adopts regulations regarding these uses, or determines no regulations are necessary and rescinds the interim ordinance or until January 1, 2025, whichever occurs first. SECTION 5. EFFECTIVE DATE AND EXPIRATION DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law and shall expire upon adoption of ordinances regulating such uses, until the Council rescinds or terminates the Interim Ordinance or January 1, 2025, whichever occurs first. 2 Attachment 3 (p. 3) Adopted by the City Council of the City of Stillwater this 2nd day of August, 2023. ATTEST - Beth Wolf, City CI CITY OF L WATER , Ted Kozlowski, Mayor 3 Attachment 3 (p. 4) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Rhonda Herberg being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspa- per(s) known as: Stillwater Gazette ' with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of. WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 08/11/2023 and the last insertion being on 08/11/2023. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper, complies with the conditions described in ,§580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the atter co nty. By Designated A t Subscribed and sworn to or affirs$ed before me on 08/11/2023 by Rhonda Herberg. Notary Public DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch CITY OF STILLWATER ORDINANCE NO. 1203 AN INTERIM ORDINANCE TEMPORARILY PROHIBITING THE ESTABLISHMENT OF NEW USES OR THE EXPANSION OF EXISTING USES RELATED TO CANNABIS BUSINESSES The City Council of the City of Stillwater does ordain: The City will be undergoing a study regarding cannabis businesses to determine if regula- tions are appropriate. No business, person or entity may open and operate a new cannabis business or expand an existing cannabis or CBD business that would require a Cannabis Business License under the 2023 Cannabis Laws until the City adopts regulations regarding these uses, or determines no regulations are necessary and rescinds the interim ordinance or until January 1, 2025, whichever occurs first. Approved this 2"d day of August, 2023. Do not hesitate to contact the City Clerk's Office 651-430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette August 11, 2023 1333188 Ad ID 1333188 Attachment 4 (p. 1) City of Stillwater Washington County, Minnesota RESOLUTION 2022-142 A RESOLUTION ALLOWING THREE CBD RETAIL ESTABLISHMENT LICENSES WHEREAS, on September 6, 2022, the City Council enacted licensing regulations for CBD retail establishments and began accepting license applications on October 1, 2022; and WHEREAS, there are certain criteria that must be met in order to apply for a CBD retail establishment license, including that more than 50% of the gross revenues must be from the sale of any CBD products or related devices; and WHEREAS, the ordinance states that no more than two CBD retail establishment licenses shall be issued at any one time and that if more than two applications are submitted, then a point system shall be used to determine which businesses are issued the two licenses; and WHEREAS, the City received three applications for a CBD retail establishment; and WHEREAS, the applications were received from the CBD House, Stillwater Tobacco, and the Smoke Shop Plus; and WHEREAS, when reviewing and evaluating the applications, the following facts were determined to be relevant: Stillwater Tobacco is an existing business, the location is a legal conforming use, the owner is not a Stillwater resident and the application is complete; however, the applicant cannot show that 50% of the gross revenues are from the sale of any CBD products or related devices; The Smoke Shop Plus is an existing business with a new owner, the location is a legal conforming use, the owner is not a Stillwater resident, and the application is not complete because the owner does not yet have a signed lease or insurance (the applicant is waiting for this licensing approval); in addition, the applicant cannot show that 50% of the gross revenues are from the sale of any CBD products or related devices; • CBD House is an existing business, the location is not a legal conforming use, the owner is not a Stillwater resident and the application is complete; however, the applicant can show that 50% of the gross revenues are from the sale of any CBD products or related devices; and WHEREAS, given the imperfect fact pattern above, in that: • Two of the businesses cannot meet the main criteria of showing 50% of the gross revenues is from the sale of any CBD products or related devices because they could not increase their inventory of products due to the moratorium in place that would not allow them to expand; and One business can prove they meet the requirement that 50% of the gross revenues are from the sale of any CBD products or related devices but it is in a nonconforming zoning location; Attachment 4 (p. 2) WHEREAS, then for this license year only (date of approval through December 31, 2023), an exception to allow the issuance of three licenses is fair, equitable and a reasonable resolution; WHEREAS, any businesses that desire to have a CBD retail establishment license for the license year 2024, including any of the aforementioned herein, must apply for a license, and in order to be considered, must show that 50% of the gross revenues are from the sale of any CBD products or related devices and in all other ways be eligible for a license. NOW, THEREFORE, be it resolved that the City Council of the City of Stillwater does hereby authorize as follows: The following three CBD retail establishment licenses are approved: a. Stillwater Tobacco b. Smoke Shop Plus, conditioned on receipt of a signed lease and proper insurance c. CBD House 2. This license approval for is valid from the date of passage (or for Smoke Shop Plus, until all conditions have been met) through December 31, 2023, 3. This license approval does not entitle the three license holders approved herein to any future license approvals. 4. All future license applications shall be evaluated, reviewed and decided based on the applications submitted under any laws and ordinances in place at the time of submission. Adopted by the Stillwater City Council this 15th day of November, 2022. ATT T: f Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 2 Attachment 5 (p. 1) City of Stillwater Washington County, Minnesota ORDINANCE NO. 1206 AN ORDINANCE AMENDING STILLWATER CITY CODE SECTION 41-10 REGARDING CBD RETAIL ESTABLISHMENT LICENSE EXCEPTIONS AND PERFORMANCE STANDARDS The City Council of Stillwater does ordain: SECTION 1 AMEND. Stillwater City Code Section 41-10, subd. 9 relating to CBD retail licenses shall be amended as follows: Subd. 9. Exceptions. No license shall be required for the following: (1) Medical marijuana distribution facilities licensed or approved by the State. (2) The sale of non -intoxicating CBD products, which may be sold in any business establishment in the CA, CBD, VC, BP-C, BP -I, BP-0 or HMU zoning districts. (3) The sale of intoxicating CBD beverages that comply with Subd. 14 is allowed at exclusive liquor stores and at breweries and distilleries that manufacture their own CBD beverages on site. SECTION 2 AMEND. Stillwater City Code Section 41-10, subd. 14 relating to CBD retail licenses performance standards shall be amended as follows: Subd. 14. Performance Standards. All CBD retail establishments must meet the following conditions: (1) CBD products and edible CBD products may be sold for human or animal consumption only if all of the packaging requirements of Minn. Stat. § 151.72, subd. 3, or as may be amended. (2) No CBD product may contain more than 0.3 percent of THC. (3) No edible CBD product can contain an amount of any TCH that exceeds five mg per serving or 50 mg per package. (4) No intoxicating CBD product may be sold to anyone under the age of 21. (5) No one under 21 shall be allowed to enter an CBD retail establishment that sells intoxicating CBD products. (6) Any person selling or distributing licensed products shall require proof of age by means of government issued photographic identification from the prospective purchaser showing purchaser is 21 years old or older. (7) Signage identifying the legal sales age and the age verification requirement shall be posted at the point of sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. (8) No one under 21 shall sell intoxicating CBD products. (9) CBD products must comply with the testing requirements in Minn. Stat. § 151.72, subd. 4, as may be amended. Attachment 5 (p. 2) (10)CBD products must comply with the labeling and packaging requirements of Minn. Stat. § 151.72, subds. 5 and 5a, as may be amended. (11) Intoxicating CBD products cannot be sold in vending machines, by transient merchants, peddlers, by a moveable place of business, through a drive -through or by internet sales for in-store pick up. (13) Intoxicating CBD products cannot be delivered to a location outside of the CBD retail establishment. (14) No sampling is allowed. (15) No on -site entertainment is allowed. (16)No flavored inhaled intoxicating CBD products may be sold. (17) No gels, powders or other forms of intoxicating CBD that are mixed with liquid may be sold. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amendment allows manufacturing of CBD-infused beverages as an accessory use at breweries and distilleries and allows the sale of CBD-infused beverages at off -sale liquor establishments. SECTION 4. INTERIM ORDINANCE STILL IN EFFECT. This ordinance amendment is solely limited to the allowance of THC-infused beverages containing less than 0.3% THC and does not terminate the interim ordinance that was adopted on August 2, 2023, which is still in force and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 17th day of October, 2023. ATTE T: V ��. W-, " zl!��gf Beth Wolf, City Clerk CITY 01=r8'1 W-41 Ted Kozlowski, Mayor 2 Attachment 5 (p. 3) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Brandi Botts being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 10/20/2023 and the last insertion being on 10/20/2023. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper, complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. 13y: Aqwr,_� '"' Designated Agent Subscribed and sworn to or affirmed before me on 10/20/2023 by Brandi Botts. Notary Public OARLENE MAAIE NIACPHERSON y NOTAP,Y PUBLIC - MINNESOTA My Oommissloil Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch CITY OF STILLWATER ORDINANCE NO. 1206 AN ORDINANCE AMENDING STILLWATER CITY CODE SECTION 41-10 REGARDING CBD RETAIL ESTABLISHMENT LICENSE EXCEPTIONS AND PERFORMANCE STANDARDS The City Council of the City of Stillwater does ordain: The ordinance amendment allows manufacturing of CBD-infused beverages as an acces- sory use at breweries and distilleries and allows the sale of CBD-infused beverages at off -sale liquor establishments. Approved this 171^ day of October, 2023. Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette October 20, 2023 1348980 Ad ID 1348980 Attachment 6 (p. 1) City of Stillwater Washington County, Minnesota ORDINANCE NO. 1205 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-514.1 REGARDING PERFORMANCE STANDARDS FOR CANNABIS -RELATED USES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDMENT. Chapter 31, Article V, Division 2, Section 31-514.1 subd. 3, 4 and 5 are hereby amended as follows: Sec. 31-514.1 Cannabis -Related Uses Subd. 4. Except as provided in Subd. 6, the sale of CBD products shall comply with the following performance standards: (1) Only CBD retail establishments -intoxicating are allowed to sell, display, or provide intoxicating CBD products. (2) All CBD retail establishments —intoxicating shall have a security plan stating how the facility will address public health, welfare and safety concerns including, but not limited to: parking, traffic flow, security, fencing, lighting, window and door placement, landscaping, and hours of operation that is approved by the Police Chief; (3) No CBD retail establishment —intoxicating shall have a drive -through, walk-up window service, sidewalk displays, sales or outdoor storage or sandwich board signs; (4) There must be at least 1,000 feet between all CBD retail establishments (intoxicating and non -intoxicating); (5) All CBD retail establishments (intoxicating and non -intoxicating) shall be located at least 500 feet from any school when measured in a straight line from the edge of the building wall or tenant wall space in which the establishment is located to the property line of the school or licensed day care facility; (6) CBD incidental sales of non -intoxicating CBD products are permitted in any non- residential district. Subd. 5. The following cannabis uses are prohibited within the City: (1) CBD products that contain more than .3 percent tetra hydrocannabinol (THC). (2) Medical cannabis manufacturing. (3) Hemp or intoxicating CBD manufacturing as a primary use in all zoning districts. Specifically, the manufacturing of cannabis products that includes extracting the THC from the cannabis plant is prohibited. Manufacturing of intoxicating CBD beverages is allowed as an accessory use only at breweries and distilleries, as Attachment 6 (p. 2) long as the manufacturing process for the beverages does not involve the cannabis plant. Subd. 6. Exceptions. The sale of intoxicating CBD beverages that comply with subd. 5(1) is allowed at exclusive liquor stores and at breweries and distilleries that manufacture their own CBD beverages on -site. The sale of CBD beverages in appropriate packaging are exempt from the provisions of Subdivision 4. No on -site consumption is allowed at breweries and distilleries without a license from the Office of Cannabis Management. SECTION 2 SUMMARY PUBLICATION. Pursuant to Minn. Stat. § 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amendment allows manufacturing of CBD-infused beverages as an accessory use at breweries and distilleries and allows the sale of CBD-infused beverages at off -sale liquor establishments. SECTION 3 INTERIM ORDINANCE STILL IN EFFECT. This ordinance amendment is solely limited to the allowance of THC-infused beverages containing less than 0.3% THC and does not terminate the interim ordinance that was adopted on August 2, 2023, which is still in force and effect. SECTION 4 EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 17th day of October, 2023, AT`fE T: Beth Wolf, City Clerk CITY OF I LVII ER• * `_� �7 Ted Kozlowski, Mayor 2 Attachment 6 (p. 3) AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF WASHINGTON Brandi Botts being duly sworn on an oath, states or affirms that he/she is the Publisher's Designated Agent of the newspaper(s) known as: Stillwater Gazette with the known office of issue being located in the county of: WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn. Stat. §331A.02. (B) This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 10/20/2023 and the last insertion being on 10/20/2023. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper, complies with the conditions described in §580.033, subd. 1, clause (1) or (2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substantial portion of the newspaper's circulation is in the latter county. By: Designated Agent Subscribed and sworn to or affirmed before me on 10/20/2023 by Brandi Botts. Notary Public uu�nwwww DARLENE MARIE MAGPHERSON 3• `° NOTARY PUBLIC - MINNESOTA Y}; , My Commission Expires Jan 31, 2024 ,+ t, Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $999.99 per column inch CITY OF STILLWATER ORDINANCE NO. 1205 AN ORDINANCE AMENDING CITY CODE CHAPTER 31, SECTION 31-514.1 REGARDING PERFORMANCE STANDARDS FOR CANNABIS -RELATED USES The City Council of the City of Stillwater does ordain: The ordinance amendment allows manufacturing of CBD-infused beverages as an acces- sory use at breweries and distilleries and allows the sale of CBD-infused beverages at off -sale liquor establishments. Approved this 171h day of October, 2023. Do not hesitate to contact the City Clerk's Office (651) 430-8802 if you have any questions or need further information. Signed: Beth Wolf, City Clerk Published in the Stillwater Gazette October 20, 2023 1348975 Ad ID 1348975 Attachment 7 (p. 1) MINNESOTA STATUTES 2023 151.72 151.72 SALE OF CERTAIN CANNABINOID PRODUCTS. Subdivision 1. Definitions. For the purposes of this section, the following terms have the meanings given. (a) "Artificially derived cannabinoid" means a cannabinoid extracted from a hemp plant or hemp plant parts with a chemical makeup that is changed after extraction to create a different cannabinoid or other chemical compound by applying a catalyst other than heat or light. Artificially derived cannabinoid includes but is not limited to any tetrahydrocannabinol created from cannabidiol. (b) "Batch" means a specific quantity of a specific product containing cannabinoids derived from hemp, including an edible cannabinoid product, that is manufactured at the same time and using the same methods, equipment, and ingredients that is uniform and intended to meet specifications for identity, strength, purity, and composition, and that is manufactured, packaged, and labeled according to a single batch production record executed and documented. (c) "Certified hemp" means hemp plants that have been tested and found to meet the requirements of chapter 18K and the rules adopted thereunder. (d) "Commissioner" means the commissioner of health. (e) "Distributor" means a person who sells, arranges a sale, or delivers a product containing cannabinoids derived from hemp, including an edible cannabinoid product, that the person did not manufacture to a retail establishment for sale to consumers. Distributor does not include a common carrier used only to complete delivery to a retailer. (f) "Edible cannabinoid product" means any product that is intended to be eaten or consumed as a beverage by humans, contains a cannabinoid in combination with food ingredients, and is not a drug. (g) "Hemp" has the meaning given to "industrial hemp" in section 18K.02, subdivision 3. (h) "Label" has the meaning given in section 151.01, subdivision 18. (i) "Labeling" means all labels and other written, printed, or graphic matter that are: (1) affixed to the immediate container in which a product regulated under this section is sold; (2) provided, in any manner, with the immediate container, including but not limited to outer containers, wrappers, package inserts, brochures, or pamphlets; or (3) provided on that portion of a manufacturer's website that is linked by a scannable barcode or matrix barcode. 0) "Matrix barcode" means a code that stores data in a two-dimensional array of geometrically shaped dark and light cells capable of being read by the camera on a smartphone or other mobile device. (k) "Nonintoxicating cannabinoid" means substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. (1) "Synthetic cannabinoid" means a substance with a similar chemical structure and pharmacological activity to a cannabinoid, but which is not extracted or derived from hemp plants, or hemp plant parts and is instead created or produced by chemical or biochemical synthesis. Official Publication of the State of Minnesota Revisor of Statutes Attachment 7 (p. 2) 151.72 MINNESOTA STATUTES 2023 Subd. 2. Scope. (a) This section applies to the sale of any product that contains cannabinoids extracted from hemp and that is an edible cannabinoid product or is intended for human or animal consumption by any route of administration. (b) This section does not apply to any product dispensed by a registered medical cannabis manufacturer pursuant to sections 152.22 to 152.37. (c) The commissioner must have no authority over food products, as defined in section 34A.01, subdivision 4, that do not contain cannabinoids extracted or derived from hemp. Subd. 3. Sale of cannabinoids derived from hemp. (a) Notwithstanding any other section of this chapter, a product containing nonintoxicating cannabinoids, including an edible cannabinoid product, may be sold for human or animal consumption only if all of the requirements of this section are met, provided that a product sold for human or animal consumption does not contain more than 0.3 percent of any tetrahydrocannabinol and an edible cannabinoid product does not contain an amount of any tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f). (b) A product containing nonintoxicating cannabinoids, other than an edible cannabinoid product, may be sold for human or animal consumption only if it is intended for application externally to a part of the body of a human or animal. Such a product must not be manufactured, marketed, distributed, or intended to be consumed: (1) by combustion or vaporization of the product and inhalation of smoke, aerosol, or vapor from the product; (2) through chewing, drinking, or swallowing; or (3) through injection or application to a mucous membrane or nonintact skin. (c) No other substance extracted or otherwise derived from hemp may be sold for human consumption if the substance is intended: (1) for external or internal use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or (2) to affect the structure or any function of the bodies of humans or other animals. (d) No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21. (e) Products that meet the requirements of this section are not controlled substances under section 152.02. (f) Products may be sold for on -site consumption provided that all of the following conditions are met: (1) the retailer must also hold an on -sale license issued under chapter 340A; (2) products must be served in original packaging, but may be removed from the products' packaging by customers and consumed on site; (3) products must not be sold to a customer who the retailer knows or reasonably should know is intoxicated; (4) products must not be permitted to be mixed with an alcoholic beverage; and (5) products that have been removed from packaging must not be removed from the premises. Official Publication of the State of Minnesota Revisor of Statutes Attachment 7 (p. 3) MINNESOTA STATUTES 2023 151.72 Subd. 4. Testing requirements. (a) A manufacturer of a product regulated under this section must submit representative samples of each batch of the product to an independent, accredited laboratory in order to certify that the product complies with the standards adopted by the board on or before July 1, 2023, or the standards adopted by the commissioner. Testing must be consistent with generally accepted industry standards for herbal and botanical substances, and, at a minimum, the testing must confirm that the product: (1) contains the amount or percentage of cannabinoids that is stated on the label of the product; (2) does not contain more than trace amounts of any mold, residual solvents or other catalysts, pesticides, fertilizers, or heavy metals; and (3) does not contain more than 0.3 percent of any tetrahydrocannabinol. (b) A manufacturer of a product regulated under this section must disclose all known information regarding pesticides, fertilizers, solvents, or other foreign materials applied to industrial hemp or added to industrial hemp during any production or processing stages of any batch from which a representative sample has been sent for testing, including any catalysts used to create artificially derived cannabinoids. The disclosure must be made to the laboratory performing testing or sampling and, upon request, to the commissioner. The disclosure must include all information known to the licensee regardless of whether the application or addition was made intentionally or accidentally, or by the manufacturer or any other person. (c) Upon the request of the commissioner, the manufacturer of the product must provide the commissioner with the results of the testing required in this section. (d) The commissioner may determine that any testing laboratory that does not operate formal management systems under the International Organization for Standardization is not an accredited laboratory and require that a representative sample of a batch of the product be retested by a testing laboratory that meets this requirement. (e) Testing of the hemp from which the nonintoxicating cannabinoid was derived, or possession of a certificate of analysis for such hemp, does not meet the testing requirements of this section. Subd. 5. Labeling requirements. (a) A product regulated under this section must bear a label that contains, at a minimum: (1) the name, location, contact phone number, and website of the manufacturer of the product; (2) the name and address of the independent, accredited laboratory used by the manufacturer to test the product; (3) the batch number; and (4) an accurate statement of the amount or percentage of cannabinoids found in each unit of the product meant to be consumed. (b) The information in paragraph (a) may be provided on an outer package if the immediate container that holds the product is too small to contain all of the information. (c) The information required in paragraph (a) may be provided through the use of a scannable barcode or matrix barcode that links to a page on the manufacturer's website if that page contains all of the information required by this subdivision. Official Publication of the State of Minnesota Revisor of Statutes Attachment 7 (p. 4) 151.72 MINNESOTA STATUTES 2023 4 (d) The label must also include a statement stating that the product does not claim to diagnose, treat, cure, or prevent any disease and has not been evaluated or approved by the United States Food and Drug Administration (FDA) unless the product has been so approved. (e) The information required by this subdivision must be prominently and conspicuously placed on the label or displayed on the website in terms that can be easily read and understood by the consumer. (f) The labeling must not contain any claim that the product may be used or is effective for the prevention, treatment, or cure of a disease or that it may be used to alter the structure or function of human or animal bodies, unless the claim has been approved by the FDA. Subd. 5a. Additional requirements for edible cannabinoid products. (a) In addition to the testing and labeling requirements under subdivisions 4 and 5, an edible cannabinoid must meet the requirements of this subdivision. (b) An edible cannabinoid product must not: (1) bear the likeness or contain cartoon -like characteristics of a real or fictional person, animal, or fruit that appeals to children; (2) be modeled after a brand of products primarily consumed by or marketed to children; (3) be made by applying an extracted or concentrated hemp -derived cannabinoid to a commercially available candy or snack food item; (4) be substantively similar to a meat food product; poultry food product as defined in section 31A.02, subdivision 10; or a dairy product as defined in section 32D.01, subdivision 7; (5) contain an ingredient, other than a hemp -derived cannabinoid, that is not approved by the United States Food and Drug Administration for use in food; (6) be packaged in a way that resembles the trademarked, characteristic, or product -specialized packaging of any commercially available food product; or (7) be packaged in a container that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product. (c) An edible cannabinoid product must be prepackaged in packaging or a container that is child -resistant, tamper -evident, and opaque or placed in packaging or a container that is child -resistant, tamper -evident, and opaque at the final point of sale to a customer. The requirement that packaging be child -resistant does not apply to an edible cannabinoid product that is intended to be consumed as a beverage. (d) If an edible cannabinoid product, other than a product that is intended to be consumed as a beverage, is intended for more than a single use or contains multiple servings, each serving must be indicated by scoring, wrapping, or other indicators designating the individual serving size that appear on the edible cannabinoid product. (e) A label containing at least the following information must be affixed to the packaging or container of all edible cannabinoid products sold to consumers: (1) the serving size; (2) the cannabinoid profile per serving and in total; Official Publication of the State of Minnesota Revisor of Statutes Attachment 7 (p. 5) MINNESOTA STATUTES 2023 151.72 (3) a list of ingredients, including identification of any major food allergens declared by name; and (4) the following statement: "Keep this product out of reach of children." (f) An edible cannabinoid product must not contain more than five milligrams of any tetrahydrocannabinol in a single serving. An edible cannabinoid product, other than a product that is intended to be consumed as a beverage, may not contain more than a total of 50 milligrams of any tetrahydrocannabinol per package. An edible cannabinoid product that is intended to be consumed as a beverage may not contain more than two servings per container. (g) An edible cannabinoid product may contain delta-8 tetrahydrocannabinol or delta-9 tetrahydrocannabinol that is extracted from hemp plants or hemp plant parts or is an artificially derived cannabinoid. Edible cannabinoid products are prohibited from containing any other artificially derived cannabinoid, including but not limited to THC-P, THC-O, and HHC, unless the commissioner authorizes use of the artificially derived cannabinoid in edible cannabinoid products. Edible cannabinoid products are prohibited from containing synthetic cannabinoids. (h) Every person selling edible cannabinoid products to consumers, other than products that are intended to be consumed as a beverage, must ensure that all edible cannabinoid products are displayed behind a checkout counter where the public is not permitted or in a locked case. Subd. 5b. Registration; prohibitions. (a) On or before October 1, 2023, every person selling edible cannabinoid products to consumers must register with the commissioner in a form and manner established by the commissioner. After October 1, 2023, the sale of edible cannabinoid products by a person that is not registered is prohibited. (b) The registration form must contain an attestation of compliance and each registrant must affirm that it is operating and will continue to operate in compliance with the requirements of this section and all other applicable state and local laws and ordinances. (c) The commissioner shall not charge a fee for registration under this subdivision. Subd. 5c. Age verification. (a) Prior to initiating a sale or otherwise providing an edible cannabinoid product to an individual, an employee of a retailer must verify that the individual is at least 21 years of age. (b) Proof of age may be established only by one of the following: (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada and including the photograph and date of birth of the licensed person; (2) a valid Tribal identification card as defined in section 171.072, paragraph (b); (3) a valid passport issued by the United States; (4) a valid instructional permit issued under section 171.05 to a person of legal age to purchase edible cannabinoid products, which includes a photograph and the date of birth of the person issued the permit; or (5) in the case of a foreign national, by a valid passport. (c) A registered retailer may seize a form of identification listed under paragraph (b) if the registered retailer has reasonable grounds to believe that the form of identification has been altered or falsified or is being used to violate any law. A registered retailer that seizes a form of identification as authorized under this paragraph must deliver it to a law enforcement agency within 24 hours of seizing it. Official Publication of the State of Minnesota Revisor of Statutes Attachment 7 (p. 6) 151.72 MINNESOTA STATUTES 2023 Subd. 6. Noncompliant products; enforcement. (a) A product regulated under this section, including an edible cannabinoid product, shall be considered a noncompliant product if the product is offered for sale in this state or if the product is manufactured, imported, distributed, or stored with the intent to be offered for sale in this state in violation of any provision of this section, including but not limited to if.- (1) it consists, in whole or in part, of any filthy, putrid, or decomposed substance; (2) it has been produced, prepared, packed, or held under unsanitary conditions where it may have been rendered injurious to health, or where it may have been contaminated with filth; (3) its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; (4) it contains any food additives, color additives, or excipients that have been found by the FDA to be unsafe for human or animal consumption; (5) it contains an amount or percentage of nonintoxicating cannabinoids that is different than the amount or percentage stated on the label; (6) it contains more than 0.3 percent of any tetrahydrocannabinol or, if the product is an edible cannabinoid product, an amount of tetrahydrocannabinol that exceeds the limits established in subdivision 5a, paragraph (f); or (7) it contains more than trace amounts of mold, residual solvents, pesticides, fertilizers, or heavy metals. (b) A product regulated under this section shall be considered a noncompliant product if the product's labeling is false or misleading in any manner or in violation of the requirements of this section. (c) The commissioner may assume that any product regulated under this section that is present in the state, other than a product lawfully possessed for personal use, has been manufactured, imported, distributed, or stored with the intent to be offered for sale in this state if a product of the same type and brand was sold in the state on or after July 1, 2023, or if the product is in the possession of a person who has sold any product in violation of this section. (d) The commissioner may enforce this section, including enforcement against a manufacturer or distributor of a product regulated under this section, under sections 144.989 to 144.993. (e) The commissioner may enter into an interagency agreement with the Office of Cannabis Management and the commissioner of agriculture to perform inspections and take other enforcement actions on behalf of the commissioner. Subd. 7. Violations; criminal penalties. (a) Notwithstanding section 144.99, subdivision 11, a person who does any of the following regarding a product regulated under this section is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both: (1) knowingly alters or otherwise falsifies testing results; (2) intentionally alters or falsifies any information required to be included on the label of an edible cannabinoid product; or (3) intentionally makes a false material statement to the commissioner. Official Publication of the State of Minnesota Revisor of Statutes Attachment 7 (p. 7) 7 MINNESOTA STATUTES 2023 151.72 (b) Notwithstanding section 144.99, subdivision 11, a person who does any of the following on the premises of a registered retailer or another business that sells retail goods to customers is guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both: (1) sells an edible cannabinoid product knowing that the product does not comply with the limits on the amount or types of cannabinoids that a product may contain; (2) sells an edible cannabinoid product knowing that the product does not comply with the applicable testing, packaging, or labeling requirements; or (3) sells an edible cannabinoid product to a person under the age of 21, except that it is an affirmative defense to a charge under this clause if the defendant proves by a preponderance of the evidence that the defendant reasonably and in good faith relied on proof of age as described in subdivision 5c. History: ISp2019 c 9 art 11 s 76; 2021 c 30 art 3 s 27; 2022 c 98 art 13 s 3-9; 2023 c 52 art 6 s 16; 2023 c 63 art 7s 2 NOTE: This section is repealed by Laws 2023, chapter 63, article 7, section 6, effective March 1, 2025. Laws 2023, chapter 63, article 7, section 6, the effective date. Official Publication of the State of Minnesota Revisor of Statutes Attachment 8 (p. 1) ( r ii water The Birthplace of Minnesota GUIDE FOR CBD ESTABLISHMENT LICENSE Businesses located within the City of Stillwater that are currently selling or intend to sell intoxicating hemp -derived consumable CBD products at retail must be licensed to do so by the City of Stillwater and that retail business must derive more than 50% of its gross revenue from the sale of CBD products (intoxicating and non -intoxicating) or related devices in order to be licensed in the City of Stillwater. Below are some Questions and Answers to help guide on determining if you need an CBD Establishment License in the City of Stillwater. Refer to the Definitions list for further explanations. Do I need a CBD establishment license? If you are currently selling or intend to sell any hemp -derived consumable CBD products intended for human or animal consumption directly to a consumer in the City of Stillwater, you need a CBD Establishment License and must meet all of the following conditions: • All of the packaging requirements must meet the Minn. Stat §151.72 Subd. 3 and comply with labeling and packaging requirements of Minn. Stat § 151.72 Subd. 5 and 5a as may be amended. • No CBD products can contain more than 0.3% of THC. • No edible CBD product can contain an amount of any THC that exceeds 5 mg per serving or 50 mg per package. • CBD products must comply with the testing requirements in Minn. Stat § 151.72 subd. 4. What are hemp -derived consumable CBD products? Products made from hemp or hemp distillate that contain CBD and are intended to be an ingestible product. Common examples of ingestible products containing hemp/CBD include: • food/beverage products and gummies • Hemp tinctures, extracts, or ingestible oils • Pills, supplements, or capsules • Pet supplements or treats • Inhalable or vape-able hemp Are there certain restrictions that I should be aware oV • Intoxicating CBD products cannot be sold in vending machines, by transient merchants, peddlers, by a moveable place of business, through a drive -through or by internet sales for in-store pick up. • Intoxicating CBD products cannot be sold at exclusive liquor stores. • Intoxicating CBD products cannot be delivered to a location outside of the CBD retail establishment. • No intoxicating CBD product may be sold to anyone under the age of 21 nor is anyone under the age of 21 allowed to enter a CBD retail establishment that sells intoxicating CBD products. • No sampling is allowed. • No on -site entertainment is allowed. • No flavored inhaled intoxicating CBD products may be sold. • No gels, powders or other forms of intoxicating CBD that are mixed with liquid may be sold. Attachment 8 (p. 2) What if I sell products that contain CBD but are intended to be applied to topically? The sale of non -intoxicating CBD products, are allowed in the CA, CBD, VC, BP-C, BP -I, BP-0 or HMU zoning districts within the City of Stillwater so long as all products offered for sale are not marketed or intended to be ingested by a person or animal. Common examples of products include: topical products such as lotions or balms. What if I sell products that don't contain CBD and are made from exempt parts of a plant such as certain lotion, hemp milk, and/or clothing/textiles? So long as all products (and their ingredients) offered for sale are made from exempt parts of the plant and do not contain CBD and/or are not marketed to claim they contain CBD, your business would not need a license. Can I operate on a temporary basis at an event in the City or distribute products containing CBD? Under no circumstances may businesses sell or distribute CBD products at an event within the City of Stillwater. What are the penalties for selling or distributing ingestible hemp/CBD products without a license? Establishments who sell or distribute ingestible hemp/CBD products without obtaining the required licensure and approvals will be issued a cease and desist order and may be cited criminally. Additional penalties and/or future permitting consequences may apply for noncompliance. Definitions • CBD means a compound of the cannabis plant known as cannabidiol. • CBD products means and includes industrial hemp products and hemp derived products. • CBD incidental sales means any business that sells or provides CBD products as an incidental part of its business but is not a CBD retail establishment (intoxicating or non -intoxicating). • Edible cannabinoid (CBD) product means any product that is intended to be eaten or consumed as a beverage, contains a cannabinoid in combination with food ingredients, and is not a drug. • Hemp or Industrial Hemp means the "Industrial Hemp" definition provided under Minn. Stat. § 18K.02 subd. 3, as may be amended. • Hemp manufacturing means the ability to facilitate the manufacturing of industrial hemp. • Intoxicating cannabinoid (CBD) products means products made from substances extracted from certified hemp plants that produce intoxicating effects when consumed by any route of administration and have more than a trace amount of THC. Intoxicating CBD products include but are not limited to products made with Delta-8, Delta-9 and Delta-10. • Nonintoxicating cannabinoid (CBD) product means products made from substances extracted from certified hemp plants that do not produce intoxicating effects when consumed by any route of administration. • THC means tetrahydrocannabinol. M DEPARTMENT Attachment 9 (p. 1) OF HEALTH Hemp -Derived Cannabinoid Product Compliance FACT SHEET' This fact sheet is intended as a resource for retailers and others to assess compliance with legal requirements for the sale of edible cannabinoid products, a.k.a., hemp -derived cannabinoid products (edibles, beverages, and topicals) as provided under Sec. 151.72 MN Statutes. Products Allowed • Edible cannabinoid products, as defined under section 151.72 (Edibles), and products applied externally to the body that are properly labeled and contain no more than 0.3% THC (dry weight). • Edibles can contain up to 5 mg of hemp derived THC per serving and have maximum of 50 mg per package. • Beverages can contain two servings of up to 5 mg of hemp -derived THC per container for a total of 10 mg. • Product must be marketed and packaged as an edible or beverage only, not as a tincture, softgel or sublingual drop, as a product cannot be smoked, vaped, chewed, swallowed, drank, injected, or absorbed through a mucous membrane per Minnesota Statute 151.72. Products Not Allowed • Edibles modeled after brands of products primarily consumed by or marketed to children or that bear the likeness of or contain cartoon -like characteristics of a real or fictional person, animal, or fruit that appeals to children. • Products that contain any synthetic cannabinoids. • Products that contain artificially derived cannabinoids other than Delta-8 (♦ 8) and Delta-9 ( A 9), including THC-P, THC-O, and HHC. Products that contain an ingredient not approved by the U.S. Food & Drug Administration. Click here for the current list: https://www.fda.gov/food/food-additives-petitions/food-additive-status-list • Products where extracted or concentrated hemp -derived cannabinoid has been applied or added to any commercially available product. • Customers may not mix products with alcoholic beverages. Packaging • With the exception of beverages, edibles must be prepackaged in a child -resistant container. • All edibles, including beverages, must be packaged in tamper -evident and opaque packages or containers. • Edibles, other than beverages, intended for more than a single use or that contain multiple servings, must have each serving indicated by scoring, wrapping, or have another indicator that identifies the individual serving size. Labeling • Products packaged in a way that resembles trademarked, characteristic, or product -specializing packing of any commercially available food product are not allowed. 1 NOTE: The information appearing in this document is for general informational purposes only and is not intended to provide legal advice to any individual or entity. We urge you to consult with your own legal advisor before taking any action based on information appearing on this document or any site to which it may be linked. 1 REV 11/23 Attachment 9 (p. 2) HEMP -DERIVED CANNABINOID PRODUCT COMPLIANCE FACT SHEET • Product packaging that includes a statement, artwork, or design that could reasonably mislead any person to believe that the package contains anything other than an edible cannabinoid product are not allowed. • Products must bear a label* that prominently and conspicuously displays the following: • The statement, "Keep this product out of the reach of children." • The name, location, phone number, and website of the manufacturer of the product*. • The name of the accredited laboratory used by the manufacturer to test the product*. • The amount or percentage of cannabinoids found in each serving size of the product. • The list of ingredients in the product. • The batch number of the product*. • A statement that the product has not been approved by the U.S. Food & Drug Administration (unless such approval has been secured). • A statement that the product does not claim to cure, treat, diagnose, or prevent any disease, or alter the structure or function of the body. *If the label requirements cannot fit on the product, an outer package that contains the product or a scannable or matrix barcode that links to the manufacturer's website that lists the information is acceptable. Sale and Placement of Product • Products must only be sold to people 21 years of age or older. • Edible products other than products intended to be consumed as a beverage must be displayed in a locked case or behind a checkout counter where the public is not permitted. • State law does not prohibit delivery of hemp -derived cannabinoid products (edibles, beverages, and topicals). However, prior to initiating a sale or otherwise providing a product, an employee of the retailer must verify that the person to whom the product is being provided is at least 21 years of age, as established with one of the allowable identification documents listed at Minn. Stat. § 151.72, subd. 5c. Edible or Beverage Destruction (if needed) • Edibles may be finely chopped or ground and mixed with coffee grounds, soil, or garbage, making them inedible. Place the mixture into a container or box and seal it with tape, then throw away in the trash. Beverages may be poured down a plumbed drain. Do not pour beverages down storm drains. Empty containers should be recycled or thrown away in the trash. Testing • A manufacturer must submit samples of each batch of product to be tested by an independent, accredited laboratory to certify that the product meets the standards established under Minn. Stat. § 151.72, subd. 4. • At a minimum testing must confirm that the product contains the amount of cannabinoids state d on the label, does not contain more than trace amounts of any mold, residual solvents or other catalysts, pesticides, fertilizers, or heavy metals, and does not contain more than 0.3 percent of any tetra hydrocannabinol. Minnesota Department of Health 651-201-5598 health.hempedibles@state.mn.us www.health.state.mn.us/people/cannabis/edibles To obtain this information in a different format, call: 651-201-5598 2 REV 11/23 *01 -ftd N I B R S STILLWATER POLICE DEPARTMENT 216 4th Street N Stillwater, MN 55082 651-439-9381 Attachment 10 (p. 1) 111(w�`�ter Police Department REPORTEDWHEN • • SW23012505 12/18/2023 18:22:52 1300 FRONTAGE RD W REC'D B RADIO STILLWATER, MINNESOTA 55082 r r EVENT DETAILS Description COMPLIANCE CHECK VIOLATIONS Exceptional Clearance: NOT APPLICABLE DR Involvement Date 12/21/2023 16:01:00 SUMMARY Description UCR/NIBRS Code 41.2.6 Prohibited tobacco sales 90Z All Other Offenses 151.72.7(b)(3) Pharmacy - Edible cannabinoid product; Sells to a 90Z All Other Offenses person under the age of 21 Crosbie, SW21658 Reporting Suspect Fannoun , Omar Y M Person Person Busine, Stillwater Smoke Shop Plus Suspect Oj Last Name First Name Middle Name N FANNOUN OMAR Y M Address City State Zip n 90946 1/2 AVE NE Apt 307 HILLTOP MN 55421 —1 DOB:10/23/1996 N Age at time of incident: 27 M Addtional Information Related Offenses 151.72.7(b)(3) Pharmacy - Edible cannabinoid product; Sells to a person under the age No of 21 (90Z GM) 41.2.6 Prohibited tobacco sales (90Z) Person 1 (MISC ASSOCIATED NAMES) Last Na.. First Nar- 171 (n Address City ■ _ O - NDOB:- Gender Prior Age at time of incident: 20 M N Addtional Information Person 2 (MISC ASSOCIATED NAMES) Country Suffix PRINTED is Norbury SW42576 PRINT DATE 12127/2023 TIME 09:05:04 PAGE 1 OF 3 v3.3NIBRS 7/: DENT REPORT ► : G STILLWATER POLICE DEPARTMENT 216 4th Street N Stillwater, MN 55082 651-439-9381 CASE# SW23012505 cont'd Att � e 'j li�er T','P Police De ap rtment Suffix Age at time of incident: 20 Addtional Information Gender F Ogg (SUSPECTED OFFENDER) Name STILLWATER SMOKE SHOP 1300 FRONTAGE RD W PLUS STILLWATER, MN 55082 Related C 151.72.7(b)(3) Pharmacy - Edible cannabinoid product: Sells to a person under the age of 21 (90Z GM) 41.2.6 Prohibited tobacco sales (90Z) OFFICER COMMENTSM Compliance check violations. See narrative for further. Norbury SW42576 12/27/2023 09:05:04 2 3 NIBRS STILLWATER POLICE DEPARTMENT 216 4th Street N Stillwater, MN 55082 651-439-9381 Initial Report Synopsis CASE# SW23012505 cont'd Crosbie S W21658 Att ',� enS�1flW-Mer,„ I oIice Department 12121/2023 16:02:16 Party identified via MN ID as FANNOUN, OMAR YM (10/23/1996) had sold tobacco and THC products to parties under 21 years of age while Stillwater police ,was conducting compliance checks for businesses with liquor, tobacco, and THC licenses. Narrative Statement of SPD officer Crosbie #219 On 12/18/2023, myself and and other officers ✓✓ere conducting compliance checks for businesses that have liquor. tobacco. and THC licenses in the city of Stillwater. We had two "decoys" that ,.vere under the age of 21 that ,.vere with us, v✓hom .%,ould go into the businesses and ).M and had been given "buy money" that wasphotographed an on vi ence o prove a a ransa up oa a Into Axction was ma e a e uslness. _ and -,,vere given a $20.00 bill with the serial number: JL33354042A. At approximately 1620 hours, and- went into the Stillwater Smoke Shop Plus on 1300 Frontage Rd. After several minutes, _ and came out of the shop with two items._ stated that he had purchased a can of Copenhagen Wintergreen long cut chewing tobacco, and- had purchased a container of "Jelly" gummies (legal cannabis that contained less than .3% THC per the product label. and had a warning that parties had to be 21 years or older to purchase)._ and - stated that the clerk in the store gave them a discount on the items for a total of S20.00, so they could get both items ,,,ith the "buy money"._ and- described the clerk as being possibly Middle Eastern, with short black hair._ and - stated that the clerk did not ask them their age, nor did he ask for their IDs at any time during the transaction. Officers event into the store and spoke with the only employee in the store. identified by MN ID as FANNOUN. When confronted. FANNOUN stated that he had ID'd the parties. Officers gave FANNOUN the products back in exchange for the $20.00 bill with the serial number JL33354042A that v✓as in the register inside the business. FANNOUN called the owner of the store. who was able to confirm that he had a license to sell THC products in the city of Stillwater. It,,,,,as the explained to FANNOUN that a police report would be completed with a misdemeanor charge for selling tobacco to parties under 21 years of age. as well as a gross misdemeanor charge for selling THC products to parties under 21 years of age. FANNOUN was also informed that the city,.vould be sending an administrative citation to the owner of the business for said violations. Prior to leaving, officers looked around the store at the request of city administrators to make sure the the THC products in the store were in compliance with MN state statute 151.72. Upon checking the edible and beverage products in the store. they appeared to be in compliance with the statute. The store ,.vas however, selling seeds for marijuana plants. The seeds were for popular strains such as "White Widow", and "Blueberry Kush". The seeds were listed to contain 18-22% THC, and were listed for around $75.00 per package. Though the statute says that parties can oven seeds, no retailer (even with a license to sell THC products) may sell seeds until 2025. The seeds ,.vere captured on Detective Peterson's BWC. There were also THC products that contained cartoon characters of bumble bees. The statute also states that packaging on THC products cant contain cartoon characters to appeal to minors. An administrative citation v✓ill be forwarded to the o,.vner of the Stillwater Smoke Shop Plus for the aforementioned violations. "BWC and photos v✓ere uploaded under a separate case number of SW23012523 Conclusion: Forward to the city attorney to review charges for MSS: 151.72.7(b)(3) City Ordinance: 41.2.6 Also forward to the city for the alleged violation of their license to sell THC products (the marijuana plant seeds). and to the Washington County Health Inspector PRINTED B` Norbury SW42576 PRINT DATE 12/27/2023 TIME 09:05:04 v3.3NIBRS 7 Attachment 10 (p. 4) This citation charges you with one or more violations of the Stillwater City Ordinances. For more information, see the reverse side of this form. Alleged Violator's Name Date of Birth (if available) Stillwater Smoke Shop Plus Fannoun, Omary M 10/23/1996 Street Address City State Zip 1300 Frontage Rd Stillwater MN 55082 Is the alleged violator the property license holder? X Yes No VIOLATION INFORMATION Date of Violation Time of Violation Location 12/18/2023 16:09 1300 Frontage Rd Charge Ordinance No. Fine/Penalty 1. Sale of CBD product to underage person 41.10.17(1) $500 2. Sale of Tobacco to underage person 41.2.6(1) $300 3. 4. DESCRIPTION On 12/18/2023, the Stillwater Police Department conducted a Tobacco/ CBD compliance check at Stillwater Smoke Shop Plus. During the compliance check, employee OmM Fannoun sold a Tobacco and CBD product to our underage decoy without asking for or checking identification. ❑ Repeat violation of Same Offense Dates of Prior Violations: Issuing Officer Sergeant J. Dowley Served: X In Person By certified mail Attachment 10 (p. 5) You have been charged with violating the Stillwater City Ordinances listed on the front of this citation. You must respond to this citation as follows: 1) Responding to the Citation You must respond to the citation within seven (7) days after receiving it. You may either pay the fine(s) and accept any other consequences listed on the citation or request a hearing on the charges. Failure to respond to this citation constitutes a waiver of a violator's right to an administrative hearing and an admission of the violation. 2) Pam Fines ines You may pay the fines listed on the front of the citation by sending or delivering (1) a check or money order payable to the City of Stillwater and (2) the citation or a copy of it to: City Clerk City of Stillwater 212 North Fourth Street Stillwater, MN 55082 By paying the fine, you are admitting the violation, and agreeing to any suspension or revocation of your license set forth on this citation. The Stillwater Police Chief will advise you in writing of the dates of any such suspension or revocation. 3) Requesting a Hearing Instead of paying the fine, you may request a hearing to contest the alleged violation or fines and other consequences set forth on the citation. A hearing must be requested by delivering a written notice requesting a hearing to the City Clerk within seven (7) days f receiving the citation. The hearing will be held before an independent hearing officer, who is not a city employee. You will be provided written notice of your hearing date as well as a copy of Stillwater City Ordinance Section 22-9 which governs the rights and procedures for such a hearing. ft I . AIL E zi. • LEGAL CANNABIS • J qmm An 61-v.,q% p„ our"" • . , 'OmPk-@WS wNA. 00CA 110113a1 Upyo10 W� w 3L Op TNCvo wlw* *,1 syrup p'Wln. Ca* LUG. NMuel lociD1 a FAC RN 40. FDu OW, i 11rN1p M you Y^��ro tRN p�ppw�NM >�y 0e4*0,-6 d� .Nr<1Ma product kw booty C,` GI War 1 �W r0o Ill. ) UN wm ., y M-rM whop US"-" 00 cMKAMEp r • - NIBRS STILLWATER POLICE DEPARTMENT 216 4th Street N Stillwater, MN 55082 651-439-9381 Police De ap rtment WHEN REPORTED EVENT LOCATION SW23012506 12/18/2023 18:23:35 72010 MARKET DR RECD BY: RADIO LLWATER, MINNESOTA 55082 EVENT DETAILS Descr COMPLIANCE CHECK VIOLATIONS Exceptional Clear ii NOT APPLICABLE • jooffe,n,e!evel Description ! CRMIBRS Code- 41.2.6 Prohibited tobacco sales 90Z All Other Offenses GROSS MISDEMEANOR 151.72.7(b)(3) Pharmacy - Edible cannabinoid product; Sells to a person under the age of 21 OFFICERS "olvement Nam 121211202318:05:00 Crosbie, SW21658 SUMMARY Suspect #1 Junaidi , Ali Badawi Person #1 Person #2 Business #1 Still Tobacco -FuspecrMMU iL" CLast Name (n JUNAIDI Address n 10308 FOX RUN BAY 06/28/1998 N yC .1 me of incident: 25 M Addtion al Information 90Z All Other Offenses Reporting First Name Middle Name Suffix ALI BADAWI State Zip Country WOODBURY IMN Phon- (P) 651-726-4892 Related Offenses " ested? 151.72.7(b)(3) Pharmacy - Edible cannabinoid product: Sells to a person under the age No of 21 (90Z GM) 41.2.6 Prohibited tobacco sales (90Z) Person 1 (MISC ASSOCIATED NAMES) 'D Last Name First Name (n Address City O DOB_ GCfIdCr rnon .-. Age at time of incident: 20 M N v Addtional Information Person 2 (MISC ASSOCIATED NAMES) in , PRINTED b Norbury SW42576 PRINT DATE 12/27/2023 IML 09:11:08 v3.3NIBRS 7 1 3 DENT REPORT ► : G STILLWATER POLICE DEPARTMENT 216 4th Street N Stillwater, MN 55082 651-439-9381 CASE# SW23012506 cont'd Age at time of incident: 20 Addtional Information Gender F Ogg (SUSPECTED OFFENDER) Name STILL TOBACCO 2010 MARKET DR STILLWATER, MN 55082 Related C 151.72.7(b)(3) Pharmacy - Edible cannabinoid product: Sells to a person under the age of 21 (90Z GM) 41.2.6 Prohibited tobacco sales (90Z) Compliance check violations for tobacco and THC products. See narrative for further. Police De ap rtment Suffix Norbury SW42576 12/27/2023 09:11:08 2 3 NIBRS STILLWATER POLICE DEPARTMENT 216 4th Street N Stillwater, MN 55082 651-439-9381 Initial Report Synopsis CASE# SW23012506 cont'd Crosbie S W21658 Att ^r� enS�11111w. Mer ,„ I oIilce Department 12121/2023 18:21:58 Party identified via MN ID as JUNAIDI, ALI BADAWI (06/28/1998) had sold tobacco and THC products to parties under 21 years of age while Stillwater police ,was conducting compliance checks for businesses with liquor, tobacco, and THC licenses. Narrative Statement of SPD officer Crosbie #219 On 12/18/2023, myself and and other officers,vere conducting compliance checks for businesses that have liquor. tobacco. and THC licenses in the city of Stilwater. We had t,�vo "decoys" that ,.vere under the age of 21 that ,.vere with us. v✓hom .%,ould go into the businesses : and ).M and had been given "buy money" that wasphotographed an on vi ence o prove a a ransa up oa a into Axctlon was ma e a e uslness. _ and — ,vere given a $20.00 bill with the serial number: JL33354042A. At approximately 1725 hours,_ and went into Still Tobacco on 2010 Market Dr. After several minutes._ and came out v✓ith two products. purchased a can of Copenhagen Wintergreen long cut chewing tobacco. and purchased a THC beverage of "Beez Wax" (containing 5 mg of THC in the bottle, with a label stating that persons under 21 were restricted from purchasing)._ and— stated that the total for both products combined was S18.98. and stated that the clerk looked of Middle Eastern descent, was taller with a scruffy beard. and "fro" like hair. Imand stated that the clerk did not ask their age, nor did he ask for their IDs at anytime during the transaction. Officers event in and spoke v✓ith the only party vrorking in the store and identified by MN ID as JUNAIDI. Officers explained that JUNAIDI had sold tobacco and THC products to parties under 21 years of age. JUNAIDI had admitted that he didn't check_ or—'s IDs, and that he had "just got caught up". The product purchased by_ and—, as well as the $1.02 change was returned for the "buy money" in the register (the serial number of JL33354042A was confirmed to be in the register). JUNAIDI showed officers the permit from the city of Stillwater that allo,,ved Still Tobacco to sell tobacco and THC products. It was the explained to JUNAIDI that a police report,.vould be completed ,vith a misdemeanor charge for selling tobacco to parties under 21 years of age. as well as a gross misdemeanor charge for selling THC products to parties under 21 years of age. JUNAIDI %vas also informed that the city would be sending an administrative citation to the o,�vner of the business for said violations. Prior to leaving the store, officers looked around the store upon the request of the city of Stillwater administrators. Officers "vere to make sure that the THC products were in compliance vrith MN state statute 151.72. Upon checking the THC edible and beverage products in the store, they appeared to be in compliance vdith the state statute. An administrative citation ,vill be forwarded to the owner of Still Tobacco for the aforementioned violations. **BWC and photos were uploaded under a separate case number of SW23012523 Conclusion: Forward to the city attorney to review charges for MSS: 151.72.7(b)(3) City Ordinance: 41.2.6 PRINTED B` Norbury SW42576 PRINT DATE 12/27/2023 M[= 09:11:08 v3.3NIBRS 7 Attachment 11 (p. 4) Alleged Violator's Name Date of Birth (if available) Still Tobacco Junaidi, Ali Badawi 6/28/1998 Street Address City State Zip 2010 Market Dr. Stillwater MN 55082 Is the alleged violator the property license holder? X Yes No VIOLATION INFORMATION Date of Violation Time of Violation Location 12/18/2023 17:20 2010 Market Dr. Charge Ordinance No. Fine/Penalty 1. Sale of CBD product to underage person 41.10.17(1) $500 2. Sale of Tobacco to underage person 41.2.6(1) $300 3. 4. DESCRIPTION On 12/18/2023, the Stillwater Police Department conducted a Tobacco/ CBD compliance check at Still Tobacco. During the compliance check, employee Ali Junaidi sold a Tobacco and CBD product to our underage decoy without asking for or checking identification. ❑ Repeat violation of Same Offense Dates of Prior Violations: Issuing Officer Sergeant J. Dowley Served: X In Person By certified mail Attachment 11 (p. 5) You have been charged with violating the Stillwater City Ordinances listed on the front of this citation. You must respond to this citation as follows: 1) Responding to the Citation You must respond to the citation within seven (7) days after receiving it. You may either pay the fine(s) and accept any other consequences listed on the citation or request a hearing on the charges. Failure to respond to this citation constitutes a waiver of a violator's right to an administrative hearing and an admission of the violation. 2) Pam Fines ines You may pay the fines listed on the front of the citation by sending or delivering (1) a check or money order payable to the City of Stillwater and (2) the citation or a copy of it to: City Clerk City of Stillwater 212 North Fourth Street Stillwater, MN 55082 By paying the fine, you are admitting the violation, and agreeing to any suspension or revocation of your license set forth on this citation. The Stillwater Police Chief will advise you in writing of the dates of any such suspension or revocation. 3) Requesting a Hearing Instead of paying the fine, you may request a hearing to contest the alleged violation or fines and other consequences set forth on the citation. A hearing must be requested by delivering a written notice requesting a hearing to the City Clerk within seven (7) days f receiving the citation. The hearing will be held before an independent hearing officer, who is not a city employee. You will be provided written notice of your hearing date as well as a copy of Stillwater City Ordinance Section 22-9 which governs the rights and procedures for such a hearing. i cm. �► tach— I IrA a P *a so =Im" 0 a VIN11941HUS&M NIBRS STILLWATER POLICE DEPARTMENT 216 4th Street N Stillwater, MN 55082 651-439-9381 Att V en14,��er �' I'ulice Department EN REPORTED EVENT LOCATION SWZ3�12857 12/29/2023 16:32:52 125 MAIN ST S RECD BY: RADIO STILLWATER, MINNESOTA 55082 DETAILS"IlIMMIll EVENT Desui�tc COMPLIANCE CHECK VIOLATIONS Exceptional Clear,,i NOT APPLICABLE Suspect #1 Nederloe , Ivan Lars Person #1 Business #1 Cbd House Suspect N First Name N NEDERLOE IVAN City n 720 GREELEY ST S STILLWATER 1 DOB 07/23/2003 render Phon. to Age at time of incident 20 M v Ad dtion al Information Middle Name LARS State Zip Country MN 155082 Related Offenses Arrested? 151.72.7(b)(3) Pharmacy - Edible cannabinoid product; Sells to a person under the age No of 21 (90Z GM) Person (MISC ASSOCIATED NAMES) m (n Address z DOB_- Age at time of incident: 19 Addtional Information First Name City Gender Ph r l l Suffix Middle Names aSuffix me 'e Zip Country, PRINTED BNorbury SW42576 PRINT DATE 01/02I2024 TIME 09:51:09 1 3 v3.3NIBRS 7 . - . • - N I B RS Att en Tter STILLWATER POLICE DEPARTMENT 216 4th Street N Police Department Stillwater, MN 55082 651-439-9381 CASE# SW23012857 cont'd Org (SUSPECTED OFFENDER) O 7X Name Address 0 CBD HOUSE 125 MAIN ST S (P) 612-718-5691 (A STILLWATER, MN 55082 Related Offenses ... 151.72.7(b)(3) Pharmacy - Edible cannabinoid product; Sells to a person under the age of 21 (90Z GM) ,Compliance Check violation 0 ir OFFICER COMMENTS See narrative for further. PRINTED B` Norbury SW42576 PRINT DATE 01l0212024 TIME 09:51:09 PAGE 2 OF 3 v3.3NIBRS 7 DENT REPORT ► : G STILLWATER POLICE DEPARTMENT 216 4th Street N Stillwater, MN 55082 651-439-9381 CASE# SW23012857 cont'd Initial Report Crosbie S W21658 Synopsis en�I�ll���er I oJlice Department 1212912023 19:10:28 Party verbally identified and confirmed through DVS as NEDERLOE. IVAN LARS (0712312003) had sold CBD products to a person under 21 years of age .vhile Stillwater police ,,/ere conducting compliance checks. Narrative Statement of SPD officer Crosbie #219 On 12/29/2023, 1 v✓as conducting compliance checks for businesses that have liquor. tobacco, and THC/CBD licenses in the city of Stillwater. I was using a "decoy". who was under the age of 21 to attempt to purchase the items during the compliance checks. The decoy for the day wa vas given a S20.00 bill for 'buy money" with a serial number of JK65443795B that wasphotographed and uploaded In o xon vidence to prove that a transaction was made at the business. At approximately 1620 hours, ac went into CBD House on 125 Main St S. After several minutes . came out with six honey sticks. state a ehoney stick ,,vas alleged to have 20mg of CBD in them. I asked if she purchased the honey sticks wI ius D, or if it had the psycho -active THC (Delta-8/Delta-9): confirmed tha i Wwas a non psycho -active CBD in the honey sticks. stated that the total for the purchase was S u he employee had given her S5.00 back in change due to lack of fun s id n the till. stated that the employee looked younger with dirty blonde hair and was wearing a grey shirt and jeans. stated that ere a was another employee in the back who went by "Tommy" (I know Tommy to be the owner of the shop). stated that the clerk did not ask her age, nor did he ask for her ID at anytime during the transaction. - stated that e cFe-rFhad told her that they were in the process of making fresh gummies in the back. I then v✓ent into the shop and spoke with NEDERLOE. I explained to NEDERLOE that he had sold CBD while exchanging the CBD honey sticks and the $5.00 for the $20.00 "buy money" (The serial number,.vas confirmed) upon receipt of the $20.00 bill. NEDERLOE asked how old the decoy was. and I stated that she was 19. NEDERLOE v✓as adamant that no crime had been committed, and that it was legal to sell non psycho -active CBD to parties 18 years of age or older. I explained to NEDERLOE that I would look into the statute more closely, but that I believed it had been changed to 21 years. The license to sell cannabinoid products was displayed behind the register. I explained to NEDERLOE, and Tommy that I would write up the report. and send it to the city attorney for review. Prior to leaving, I had told Tommy and NEDERLOE that I .vas asked by the City of Stillwater to make sure that the packaging of their products was legal. Upon inspecting the packaging and labels, they appeared to be up to legal standards ,vith 5 mg dosing labels, opaque packaging. and seals to show if they had been tampered or not. There was a OR code on the labels to show the specifics and batch numbers. I didn't scan one of the OR codes, because it was drawn to my attention that the label on one of the Delta-8/Delta-9 Tincture bottles had a label that read: Dist and A9anufactured by: CBDHOUSE. LLC 125 Main St S Stillwater. A9N 55082 www.CBDHOUSE.com Upon returning to the station. I re -read MSS 151.72. 151.72.3(d) reads: No product containing any cannabinoid or tetrahydrocannabinol extracted or otherwise derived from hemp may be sold to any individual who is under the age of 21. On 12./30/2023 at the start of my shift, I stopped do . n to CBD House. NEDERLOE was working and I had asked him if I could see one of the OR codes on one of their THC gummies that they sell. NEDERLOE handed me one. and I scanned the code. A website popped up with a certificate of analysis that showed the batch number and that the THC content was appropriate for the batch used. NEDERLOE also volunteered the COA's of the upcoming batches that they planned to produce the gummies v✓ith. I took photographs of the product I scanned the OR code for, as ,,veil as a screen shot of the COA from the OR code. I also took photographs of the COAs that NEDERLOE had shown me. Based on .,,,hat I read from the statute. CBD House appears to be in line with statutory regulations regarding 3rd party analysis of the products, along with proper dosing, labeling, and packaging requirements. BWC and photos were uploaded via Axon Evidence. Conclusion: For.vard to the City attorney for charging MSS: 151.72.7(b)(3) PRINTED F Norbury SW42576 v3.3NIBRS 7 PRINT DATE 01/0212024 TIME 09:51:09 3 0 F 3 Attachment 12 (p. 4) City of Stillwater Administration Citation This citation charges you with one or more violations of the Stillwater City Ordinances. For more information, see the reverse side of this form. Alleged Violator's Name CBD House Nederloe, Ivan Lars Date of Birth (if available) 07/23/2003 Street Address 125 Main St S City Stillwater State MN Zip 55082 Is the alleged violator the property license holder? X Yes No VIOLATION INFORMATION Date of Violation 12/29/2023 Time of Violation 16:20 Location 125 Main St S Charge 1. Sale of CBD product to underage person Ordinance No. 41.10.17(1) Fine/Penalty $500 2. 3. 4. DESCRIPTION On 12/29/2023, the Stillwater Police Department conducted a CBD compliance check at CBD House. During the compliance check, employee Ivan Nederloe sold a CBD product to our underage decoy without asking for or checking identification. ❑ Repeat violation of Same Offense Dates of Prior Violations: Issuing Officer Sergeant J. Dowley Served: X In Person By certified mail Attachment 12 (p. 5) You have been charged with violating the Stillwater City Ordinances listed on the front of this citation. You must respond to this citation as follows: 1) Responding to the Citation You must respond to the citation within seven (7) days after receiving it. You may either pay the fine(s) and accept any other consequences listed on the citation or request a hearing on the charges. Failure to respond to this citation constitutes a waiver of a violator's right to an administrative hearing and an admission of the violation. 2) PayingFines ines You may pay the fines listed on the front of the citation by sending or delivering (1) a check or money order payable to the City of Stillwater and (2) the citation or a copy of it to: City Clerk City of Stillwater 212 North Fourth Street Stillwater, MN 55082 By paying the fine, you are admitting the violation, and agreeing to any suspension or revocation of your license set forth on this citation. The Stillwater Police Chief will advise you in writing of the dates of any such suspension or revocation. 3) Requesting a Hearing Instead of paying the fine, you may request a hearing to contest the alleged violation or fines and other consequences set forth on the citation. A hearing must be requested by delivering a written notice requesting a hearing to the City Clerk within seven (7) days f receiving the citation. The hearing will be held before an independent hearing officer, who is not a city employee. You will be provided written notice of your hearing date as well as a copy of Stillwater City Ordinance Section 22-9 which governs the rights and procedures for such a hearing. Attachment 12 (p. 6) Attachment 13 (p. 1) • ,f `j la,minova OG Kush Blue Raspberry (Indica) Attachment 13 (p. 3) prepared for: CBD House 125 Main Street South Suite 1 Stillwater, MN 55082 Batch ID: Not Specified Received: 01/09/2023 Analysis: 15 Cannabinoid Potency Sample Type: Edible Analyzed: 01/13/2023 Method: 2021.15P.01 Test ID: 6015 Equipment: HPLC CANNABINOID PROFILE Cannabinoid LOD (%) LOQ (%) Result (%) Result (mglg) TOTAL CANNABINOID CONTENT Cannabidiol(CBD) 5.00e-04 2.90e-03 0.01±0.00016 0.06 Cannabigerol (CBG) 1.00e-03 6.10e-03 < LOQ < LOQ A9-Tetrahydrocannabinol (A9-THC) 1.40e-03 8.20e-03 0.50±0.014 5.01 Cannabacitran (CBT) 1.70e-03 1.05e-02 < LOQ < LOQ Cannabichromene (CBC) 6.00e-04 3.70e-03 < LOQ < LOQ Cannabinol (CBN) 3.00e-04 2.00e-03 0.00±7.5e-05 0.03 Cannabicyclol (CBL) 1.70e-03 1.02e-02 ND ND Tetrahydrocannabivarin (THCV) 7.00e-04 4.40e-03 < LOD < LOD A8-Tetrahydrocannabinol(68-THC) 1-30e-03 7.60e-03 0.02±0.00044 0.16 Tetrahydrocannabivarin Acid (THCVA) 1.60e-03 9.90e-03 ND ND Cannabigerolic acid (CBGA) 2.60e-03 1.57e-02 ND ND Cannabidiolic acid (CBDA) 1.80e-M 1.10e-02 ND ND Legend 111111111 Cannabinoids Cannabidivarin (CBDV) 4.00e-04 2.50e-03 ND ND Other Tetrahydrocannabinolic Acid (THCA) 2.20e-03 1.34e-02 ND ND Cannabidivarinic Acid (CBDVA) 1.10e-03 6.50e-03 ND ND A9 THC Total Cannabinoid** 0.53 5.27 Total Potential THC* 0.50±0.014 5.01 D8-THC Total Potential CBD* 0.01±0.00016 0.06 Total Potential CBG* <LOQ <LOQ CBD CBN 0.0 0.1 0.2 0.3 0.4 0.5 * Total Potential THC/CBD/CBG is calculated using the following formulas to consider the loss of a carboxyl group during decarboxylation step. * Total THC = THC + (THCa *(0.877)) and Total CBD = CBD + (CBDa *(0.877)) and Total CBG = CBG + (CBGa*(0.877)) ** Total Cannabinoids result reflects the absolute sum of all cannabinoids detected. = % (w1w) = Percent (Weight ofAnalyte / weight of Product) REMARKS Passed visual inspection for particulates, mold, mildew, and other foreign substances. FINAL AUTHORIZATION Katie Little, Analytical Scientist 01/13/2023 Logan Cline, Director of Analytical Development John Reser, Quality Analyst 02:08 PM 01/13/2023 02:14 PM 01/13/2023 02:19 PM ANALYZED BYIDATE AUTHORIZED BYIDATE RELEASED BY/DATE Laboratory results are based on the sample submitted to Minova Laboratories in the condition it was received. Minova Laboratories warrants that all analyses performed are in accordance with ISO/IEC 170252017. All data is generated using NIST traceable reference material and all reports are produced with the highest regard for scientific integrity. Reports can only be reproduced with the written consent of Minova Laboratories. Minova Laboratories. All Rights Reserved 1399 Horizon Ave. Lafayette, CO 80026 a ACCREDITED CERT#6019.01 minovalabs.com 1720.955.5252 lift"Mm u ` -M, 7. v ,1 ACCANNABIS & HEMP LABORATORY I BEYOND COMPLIANCE 721 Cortaro Dr. Sun City Center, FL 33573 www.acsiabeannabis.com DEA No. RA0571996 FL License # CMTL-0003 CLIA No. 1 OD1 094068 Certificate of Analysis CBD Distillate Sample Matrix: CBD/HEMP Derivative Products (Ingestion) Client Information: Extract Labs Batch # D0207_CBD Test Reg State: Colorado Batch Date: 2023-11-08 1399 Horizon Ave. Extracted From: Hemp Lafayette, CO 80026 Order # EXT23110 - 1 Sampling Date: 2023-11-16 Initial Gross Weight: 22.055 g Order Date: 2023-11-09 Lab Batch Date: 2023 -11-16 Sample# AAFA643 Completion Date: 2023-11-19 _ Potency Tested Potency 10 Specimen Weight 102-370 mg �natyre Dilution (1:n) CBE: 10.000 10.000 :Bc 10.000 TrF�Y 10.000 CBG 10.000 CBDV 10.000 UN 10.00 CSDA 70.0e .) GEGA 10.0J0 THCA-A 10.000 Total Active CBD 10.00D Total Active THC 10.000 LOD 5.40E-5 1.30E-5 1.80E-5 7.00E-6 248E-4 6.50E-5 1.40E-5 1.00E-5 8.00E-5 3.20E-5 LOQ (%) 0.015 0.015 0.015 0.015 0.015 0.015 0.015 0.015 0.015 0.015 Result (mg/9) 703.960 32.440 17.880 10.070 5.920 5.240 3.450 <LOQ ,LOQ <LOQ 703.960 32.440 Tested SOP13.001 (LCUV) (%) 70.396 - 3.244 1.788 I 1.007 0.592 0.524 0.345 <LOQ <LOQ <LOQ 70.396 - 3.244 Q Potency Summary Total Active THC Total Active CBD 3.244% 70.396% Total CBG Total CBN 0.592% 0.345% Other Cannabinoids Total Cannabinoids 3.319% IF 77.896% Abda Sun Lab Director/Principal Scientist D.H.Sc., M.Sc., B.Sc., MT (AAB) Deal THCa and A V - (T CVA used) this report Total A -0. CBD = CBD ON Total (CB" •Total CBDV =CBDV + (C BOVA • O.B7), Total ACDVe THC = THCA ♦� IDhI THCV=7HCV+(IHCVA•D.87), CBG Total=(CBGA •p,877)♦COG , CON Total =(CBNA•0.8 Acehh+gash 9 THC-O-Acehh, Total THCP = DeIhB-THCP +Dalh9.i ACP, Other Cannabinold ToTotal =lbbal Can ebinolds ±All the listed cannabinolds on �7 w • ^ Total Deoected Cannabinold = �. Torel THC •0-I ZZZ===LiL777]___ Delh6elge-THC+Delt.0-THc+TbhICBN+CBT+CBE+DethB-7HCV+TbtaICBG+Total CBD. TohITHCV+ CBL+TotaITl. _ _ IvD : - CBDV . Deltaon, M) . arc nt, (cWAcahh. Tohl 7HCP. (mg mq =Milligrams per Milliliter, LOQ =Limit or Quentlhdon, LOD = Limit of Detect on, Dilut on = Diluton Factor ACCROO D � path per Billion, (k)=Percent,(tfu/p)=Colony Forming - (mg/rlGremerW '^� Paris per Million, (ppm)= (pp/p), (eve) =Water Activity ng / ( g) = Colony Forming Unit per Gram, , LOD = LimiI. f Detection (PPb) _ level below the action limit per CO rule 6 CCB 1010- D Failed = nalgrem Per be [- am, ACS l t e simple acceptance criteria. Passed -Analyze/microbe Is not detected or is at the (p9/9) =Microgram per Gram (ppm) = via laboratory sampling. 21. Felled -Analyze/microbe is et the level Thal equal or above the action limit per CO rule 6 CCR 1010.21 Sample not received Thla reporNha lnotbe reproduced, wl outwrlrhn conapprove, am ACSLeboretary confidential nless uesnlleidv w.i,pd „r_....,__ .__. QA By: 1222 on 2023-11-19 18:21:59 V1 accredited to the I50/IEC 17026:2017 Sttandard h only to the material or Pagel of 1 Form F672 1399 Horizon Ave., Lafayette, CO 80026 — (303)927-6130 EXTRACT LAOS AMERICAN HEMP product Specification Organic CBD Full -Spectrum Winterized Oil Product Information Product Botanical name Plant Part Country of Origin Extraction Process Ingredient Statement Organoleptic Description Appearance Aroma Taste Physical Characteristics Cannabidiol Content (CBD): CBD Full -Spectrum Winterized Oil Cannabis sativa L. Flower USA CO2 Extraction, Winterization CO2-Extracted Hemp Oil irk gnL-,er, thick oily liquid. May crystallize. r _teristic 65-75% Shelf Life _ ears. Shelf life in original glass jar for ur Packaging ,.,idual order. Glass jar, size dependen".. t " i' " Recommended Storage Conditions Store at ambient conditions in airtight container. USDA Organic Certification This product was audited by Pro -Cent Organics and is certified USDA Organic, Certificate Reg #676. Kosher Certification CBD Full -Spectrum Winterized Oil is certified Kosher by the Orthodox Union, UKD-ID: OUV3-51389433. Vegan Action Certification This product is certified Vegan by the Vegan Awareness Foundation, Certificate #85594160. GMP Certification This product was packaged in a cGMP Compliant Facility, audited through Eurofins, Certificate #4949. I declare that the information given is believed to be correct as of date specified be1022 Name: Haley Jones Version: 1.2 Version Date: 8/9/2022 Title: Quality Manager Date: August 9, 2 Washington County 2 3. 4. 8:15 Personnel Committee 9:00 Roll Call Pledge of Allegiance BOARD AGENDA January 16, 2024 - 9:00 AM 9:00 Comments from the Public Board of Commissioners Fran Mixon, District 1 Stan Karwoski, District 2, Chair Gary Kriesel, District 3 Karla Bigham, District 4 Michelle Clasen, District 5 Visitors may share their comments or concerns on any issue that is a responsibility or function of Washington County Government, whether or not the issue is listed on this agenda. Persons who wish to address the Board must fill out a comment card before the meeting begins and give it to the County Board Clerk or the County Administrator. The County Board Chair will ask you to come to the podium, state your name and city of residence, and present your comments. Your comments must be addressed exclusively to the Board Chair and the full Board of Commissioners. Comments addressed to individual Board members will not be allowed. You are encouraged to limit your presentation to no more than five minutes. The Board Chair reserves the right to limit an individual's presentation if it exceeds the allowable time limit, becomes redundant, repetitive, overly argumentative, or if it is not relevant to an issue that is part of Washington County's responsibilities. 9:10 Consent Calendar - Roll Call Vote Consent Calendar items are generally defined as items of routine business, not requiring discussion, and approved in one vote. Commissioners may elect to pull a Consent Calendar item(s) for discussion and/or separate action. A. Approval of the January 2, 2024, County Board meeting minutes. B. Adopt a resolution to appoint Stephanie Wang to the Ramsey Washington Metro Watershed District Board of Managers to a first term beginning February 24, 2024, and expiring February 23, 2027. C. Approve three Countywide Service Contracts for Print Services. D. Approval of 1.0 FTE Social Worker for the Community Services Adult Investigation and Assessment (AIA) team. E. Approval of 1.0 FTE Senior Planner for the Community Services Adult Social Services Unit. F. Approval of 1.0 FTE Office Support II 12-month Special Project position for the Community Services Administration Division. G. Approval of 1.0 FTE Case Aide 12-month Special Project position for Community Services Economic Support Division. H. Approval of 2.0 FTE Case Aide Special Project positions for the Community Services Economic Support MN Eligibility Technology System (METS) Team. I. Approve the Community Services Department's grant application to the Minnesota Department of Human Services for continued Housing with Supports for Adults with Serious Mental Illness (HSASMI) grant funding in an amount of $350,000 for the grant period of July 1, 2024, through June 30, 2026. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer N87hoshington ti County Consent Calendar Continued J. Approve the Community Services Department's grant application to the Minnesota Department of Human Services for continued Project for Assistance in Transition from Homelessness (PATH) grant funding in an amount of $450,000 for the grant period of January 1, 2024, through June 30, 2025. K. Approval of two full-time equivalent (2.0 FTE) grant funded positions in the Department of Public Health and Environment to support Public Health Preparedness and Communications capacity. L. Adopt a resolution to appoint staff for the Minnesota Board of Water and Soil Resources (BWSR) funding convene meetings. M. Adopt a resolution to approve a Limited Use Permit with the Minnesota Department of Transportation (MnDOT) to allow County maintained trails to be constructed and operated in MnDOT right-of-way. N. Approve Contract No. 16082 between Washington County and the City of Hugo, Minnesota to provide law enforcement services to the city. O. Approve Grant Agreement No. 16149 with the Minnesota Department of Public Safety in the amount of $228,000 for the 2024 Violent Crime Enforcement Teams Grant Program. 9:10 General Administration - Kevin Corbid, County Administrator A. Approve letter of support for Washington Conservation District (WCD). B. Approval to negotiate and execute a contract with Downs Government Affairs, LLC to provide federal lobbying services to Washington County for an amount not to exceed $69,600 annually for the period of January 17, 2024, to January 31, 2026. C. Adopt a resolution accepting the 2023 4th quarter donations. 6. 9:40 Commissioner Reports - Comments - Questions This period oftime shall be used by the Commissioners to report to thefull Board on committee activities, make comments on matters of interest and information, or raise questions to the staff. This action is not intended to result in substantive board action during this time. Any action necessary because ofdiscussion will be scheduled for a future board meeting. 7. 9:55 Board Correspondence 8. 9:55 Adjourn 9. 10:00 Board Workshop with Information Technology A. Update on technology transition to .GOV domain for county business. Assistive listening devices are available for use in the County Board Room If you need assistance due to disability or language barrier, please call (651) 430-6000 Washington County is an equal opportunity organization and employer