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Home My WebLink About2024-11-19 CC Agenda Packet 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov REVISED AGENDA CITY COUNCIL MEETING November 19, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS V. OPEN FORUM – open forum allows the public to address Council on subjects which are not a 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 1. Public Works Director 2. Police Chief 3. Human Resource Manager 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. November 6, 2024 Workshop and Regular Meeting Minutes 11. November 12, 2024 Record of Canvassing Board Minutes 12. Payment of Bills 13. Arbitrage Engagement Letter Agreement 14. Assistant City Administrator Employment Agreement 15. Deferred Assessment for 2024 Street Improvement Project – Resolution 16. Emerald Ash Borer Tree Removal Project Round Two Agreement 17. Emergency Siren Maintenance Agreement 18. Hotel Licenses 19. Liquor and Tobacco License Renewals for 2025 – Resolution 20. On-Sale Intoxicating Liquor License with Sunday Sales for Mi Pueblo Cinco LLC and El Sazon Xelas LLC – Resolution 21. Solid Waste, Recycling and Roll-off Hauler License Renewals for 2025 22. Still Hope Event Permit for Manitou Fund at 601 Main St N 23. Tablet Command Service Agreement 24. Temporary Liquor License for Ascension Episcopal Church and World Snow Sculpting Championship VIII. PUBLIC HEARINGS – when addressing Council please limit your comments to 10 minutes or less. 25. Charter Amendment for Section 15.11 and City Code Amendments for Assessment of Waste Disposal Fees and Abatements of Public Nuisance – 2nd Reading on 3 Ordinances IX. UNFINISHED BUSINESS X. NEW BUSINESS 26. Social District Special Law – Resolution 27. Imposing Local Option Sales Tax – Ordinance 1st Reading 28. Cannabis Businesses/Uses Zoning and City Code Ordinances – 1st Reading on 3 Ordinances XI. COUNCIL REQUEST ITEMS 29. Joint Cable Commission Updated Bylaws (last updated 6/18/2003) XII. ADJOURNMENT illwater ----....;.;;;;.....----' The Birthplace of Minnesota J 216 4th Street N, Stillwater, MN 55082 651-430-8800 www.stillwatermn.gov CITY COUNCIL SPECIAL MEETING November 12, 2024 SPECIAL MEETING 6:30 P.M. Mayor Kozlowski called the meeting to order at 6:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker and Odebrecht Absent: Councilmember Polehna Staff present: City Clerk Wolf CANVASS BOARD City Clerk Wolf provided the Abstract of Votes Cast for Council Member Ward 2 and Council Member Ward 3 as well as the City Question 1 for the City’s municipal election held on November 5, 2024. Motion by Councilmember Odebrecht seconded by Councilmember Collins to approve the Abstract of Votes Cast for Stillwater’s Municipal Election for Council Member Ward 2 and Council Member Ward 3 and City Question 1. All in favor. ADJOURNMENT Motion by Councilmember Junker seconded by Councilmember Collins to adjourn. All in favor. The meeting was adjourned at 6:31 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk REVISED cStillwater ~~ -----' The Birthplace of Minnesota J DATE: November 19, 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 $1,124,207.96 has been sent to the Mayor and City Council Members to approve for payment. City of Stillwater Washington County, Minnesota ORDINANCE NO. XXXX AN ORDINANCE AMENDING CHAPTER 28, REGARDING CANNABIS BUSINESS PERFORMANCE STANDARDS OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1 REPEALING That the Stillwater City Code Article V Section 28-354 is hereby repealed. SECTION 2 ENACTING. That the Stillwater City Code Article V Section 28-390 is hereby enacted as follows: 28-390. – Cannabis-related uses. (a)Purpose. The purpose of this chapter is to implement the provisions of Minnesota Statutes Chapter 342 to allow cannabis and lower-potency hemp edible uses within the City. The Municipal Planning Act provides specific authority for cities to protect and promote the public health, safety, morals and welfare of residents through zoning ordinances, including the regulations surrounding the uses of buildings, structures and land. Cities are further authorized to establish standards and procedures regulating such uses. The purpose and intent of this chapter is to allow the incorporation of cannabis and lower-potency hemp edible uses into the City while protecting existing land uses and properties from any detrimental impacts. (b) In addition to the requirements for each zoning district, cannabis and lower- potency hemp edible uses must comply with the performance standards in this Chapter. (c)Definitions. Unless otherwise noted in this section, words, terms, and phrases found in the definitions of Minnesota Statutes Section 342.01, or as amended, apply, unless otherwise noted or except where the context clearly indicates a different meaning. In addition, the following definitions apply: Cannabis Business means any of the following businesses: (1) Cannabis microbusiness; (2) Cannabis mezzobusiness; (3) Cannabis cultivator; (4) Cannabis manufacturer; (5)Cannabis retailer; (6) Cannabis wholesaler; (7) Cannabis transporter; (8) Cannabis testing facility; (9) Cannabis event organizer; (10) Cannabis delivery service; REVISED Sec. 2 (11) Lower-potency hemp edible manufacturing; (12) Lower-potency hemp edible retailer; or (13) Medical cannabis combination business. Cannabis Use or Cannabis Industry means every item, product, person, process, action, business, or other thing related to cannabis flower and cannabis products. Day care means any location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child’s own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. Office of Cannabis Management or OCM means Minnesota Office of Cannabis Management. Residential treatment facility means a 24-hour-a-day program under the treatment supervision of a mental health professional, in a community residential setting other than an acute care hospital or regional treatment center inpatient unit, that must be licensed as a residential treatment program for adults with mental illness under chapter 245I, Minnesota Rules, parts 9520.0500 to 9520.0670, or other rules adopted by the commissioner. School means public school as defined in Minnesota Statutes Section 120A.05 or nonpublic school that meets the reporting requirements under Minnesota Statutes Section 120A.24. State License means an approved license issued by the Minnesota Office of Cannabis Management to a cannabis retail business. (d) Outdoor cultivation. Any cannabis use that includes outdoor cultivation must comply with the following: (1) A minimum of twenty (20) contiguous acres is required. (2) The crops must be setback a minimum of three hundred feet (300’) from the property lines. (3) There must be fencing of six feet (6’) around the perimeter and a landscaped or screened buffer is required to be placed outside of the fence but within the setback area, which may consist of a berm, trees, or combination thereof. (4) The crops cannot be visible from any public right of way. (5) No retail sales shall be allowed at the same location as any business with an outdoor cultivation business license. (e) Indoor cultivation. Any cannabis or lower-potency hemp cultivation that involves indoor cultivation, such as but not limited to enclosed buildings, greenhouses, and hoop houses, must comply with the following: (1) A minimum of twenty (20) contiguous acres is required. (2) Interior lighting restrictions within any greenhouse or hoop house shall be part of the conditional use permit. (f) Manufacturing, production, testing or processing of cannabis or wholesale (if products stored on site). Must comply with the following performance standards: 3 (1) No exterior storage is allowed, including storage of products in semis or trailers that are parked outside of an enclosed building. (2) All mechanical, odor suppression equipment and trash enclosures must be screened and approved as part of a conditional use permit or other planning approval. (g) Performance standards for all cannabis uses. (1) Hours of operation for retail sales of cannabis or lower-potency hemp edible products are permitted from 10:00 a.m. to 9:00 p.m., seven days a week. Retail sales of lower-potency beverages at on-sale intoxicating liquor establishments or off-sale exclusive liquor stores with a valid City registration and State license are permitted during the hours of operation associated with the intoxicating liquor establishment. (2) On-sale intoxicating liquor establishments and off-sale exclusive liquor stores with a current lower-potency hemp edible City registration and a State license may sell lower-potency hemp edible beverages but not other lower-potency hemp edible products. (3) No cannabis or lower-potency hemp edible use shall be permitted as part of any Adult Use Establishment, as defined in City Code Section 6-42. (4) No retail sales, including on-site consumption, are allowed in the A-P zoning district. (5) Cannabis and lower-potency hemp edible uses and businesses shall not violate state laws or City Codes, including City Code Chapter 10 regarding nuisances. Conditions may be imposed by the City Council to address any nuisance activity. (6) Distance restrictions. Distances from a cannabis or lower-potency hemp edible uses are measured from the storefront of a retail use and from the property line of all other uses. a. There must be at least one thousand feet (1,000’) between each cannabis use or lower-potency hemp edible use. b. The location of the cannabis use must be located: 1. More than one thousand feet (1,000’) from a school as measured from property line of the school to the cannabis business; 2. More than five hundred feet (500’) from a residential treatment facility, as measured from the property line of the facility to the cannabis use; 3. More than one thousand feet (1,000’) from an attraction within a public park that is regularly used by minors, such as, but not limited to a playground, athletic field, athletic court, picnic area or restrooms, pavilion or park building, disc golf features, as each is measured from the location of the public park attraction to the cannabis use. 4. A cannabis use shall not be closer than two hundred feet (200’) from a residential zoning district, as measured from the property line of the residential zoning district to the cannabis business, unless a larger setback is required in this Chapter. 4 5. All buildings used for manufacturing, production, testing or processing of cannabis or wholesale (if products stored on site) must be setback a minimum of five hundred feet (500’) from a residential zoning district or residential use as measured from the property line of the cannabis use to the property line of the nearest residential zoning district or residential use. c. Exemptions to distance restrictions. 1. Lower-potency hemp edible uses must comply with City Code Section 28- 390 (e)(6)a., however, they are exempt from the distance restrictions in City Code Section 28-390 (e)(6)b. 2. Off-sale exclusive liquor stores with a current lower-potency hemp edible City registration and a State License are exempt from the distance restrictions in City Code Section 28-390 (e)(6)a and (e)(6)b. and their use does not count against other cannabis uses for purposes of the distance restrictions from another cannabis use in City Code Section 28-390 (e)(6)a. (7) Signs must comply with the standards in City Code Section 28-348 for the relevant zoning district in which the business is located, except for the following: a. No cannabis business shall have more than two (2) signs; and b. Blinking, moving, and flashing signs that are visible from the exterior of the building are prohibited; c. No lower-potency hemp edible use shall advertise the lower-potency hemp edible products on more than one (1) exterior sign; and d. No interior sign shall be visible from the exterior of the building. (8) Cannabis uses must meet the minimum parking requirements for each type of use as stated in City Code Section 28-349, for example, retail must meet the retail requirements, manufacturing must meet the manufacturing parking requirements. If there is a combination of cannabis uses at the same location, the use that requires the largest number of spaces must be met. (9) A security plan must be submitted to and approved by Police Department addressing how the business will protect the public health, safety, and welfare. The security plan must include, but is not limited to addressing issues surrounding parking, traffic, securing of monetary transactions, building security and alarm systems both internal and external, screening, lighting, window and door placement, landscaping, age verification devices, and hours of operation. SECTION 3 AMENDING. That the Stillwater City Code Article III Section 28-193 is hereby amended to remove the Growing of Industrial Hemp from the Use Table and to add the following use to the Table accordingly: Sec. 28-193. – Allowable uses in residential districts. A-P LR CTR RA TR CCR TH CTHR RCL RCM RR HMU Cultivation (indoor, outdoor) CUP I I I I I I I I I I I I I 5 SECTION 4 AMENDING. That the Stillwater City Code Article III Section 28-236 is hereby amended to remove the following uses from the Use Table: 1. CBD Retail Establishments, nonintoxicating 2. CBD Retail Establishments, intoxicating 3. Medical cannabis distribution facility 4. Medical cannabis laboratories; And to add the following uses to the Use Table accordingly: 28-236. – Allowable uses in nonresidential districts. AP CA CBD VC BPC BPO BPI PA PWD PROS HMU NC Retail Lower- potency hemp edible beverages, retail associated with off-sale liquor P P P P P P P P P P Lower-potency hemp edible beverages, retail associated with on-sale liquor P P P Lower- potency hemp edible, retail (not associated with on-sale or off-sale liquor) CUP CUP CUP Cannabis, retail CUP CUP CUP Manufacturing Cannabis, manufacturing, production, processing, testing CUP CUP Lower-Potency hemp edible beverages, manufacturing at brewery and distillery CUP CUP Wholesale/Storage Cannabis, wholesale with no product on-site CUP CUP CUP Cannabis, storage CUP CUP Cannabis, cultivation (indoor) CUP CUP SECTION 5 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. Sec. 6 SECTION 6 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 text amendment adopted by the Stillwater City Council on __________, 2024 amends cannabis business uses and performance standards in residential and nonresidential districts to include cannabis businesses in accordance with Minnesota State Statutes Sections 342 and 151.72. Adopted by the City Council of the City of Stillwater this day of ___________, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk 1815 Greeley St S Ste 1 Stillwater, MN 55082 Phone: 651.439.8803 centralstcroix@comcast.net Central St. Croix Valley Joint Cable Communications Commission ARTICLE i NAME The name of this joint powers Commission shall be the Central St. Croix Valley Joint Cable Communications Commission. ARTICLE II PURP OSE The purpose for which this Commission is organized is to administer and to enforce a non-exclusive cable communications franchise ordinance in its member municipalities in the Central St. Croix Valley, Washington County, MN, and to oversee the operation of Valley Access Channels, it its public access facility. It is the intent of this Commission, when appropriate, to operate under the same rules as statutory cities in Minnesota. ARTICLE Ill MEMBERS The Central St. Croix Valley Joint Cable Communications Commission represents its three (3) member cities in matters relating to cable communications. The City of Bayport The City of Oak Park Heights The City of Stillwater The three member cities are signatories to the Joint and Cooperative Agreement effective February 1, 1982 . ARTICLE IV REPRESENTATIVES Each member municipality shall appoint two (2) primary representatives, one (1) of which shall be an elected official of that municipality sitting on that municipality City Council; and the other primary representative shall be a qualified voter residing or working within the boundaries of the appointing municipality. Each member municipality shall appoint an alternative representative, when able. BY-LAWS Revised 1/27/2025 3 1815 Greeley St S Ste 1 Stillwater, MN 55082 Phone: 651.439.8803 centralstcroix@comcast.net Central St. Croix Valley Joint Cable Communications Commission ARTICLEV VOTING POWERS Each member municipality primary representative shall have one (1) vote. Alternative representatives appointed by the member cities shall have the power to vote only when a primary representative of that city is absent. ARTICLE VI TERMS The period of duration of this Commission shall be as long as the Joint and Cooperative Agreement has authority over cable service in the member municipalities. The terms of member municipalities' primary representatives shall be for two (2) years . When a vacancy occurs through retirement, resignation or removal, the member municipality shall appoint a representative to fill out the retiring, resigning or removed member's term. Member municipalities may remove appointed representatives at any time with or without cause . The member municipality must provide notice to the Commission of that event, as well as to the other member municipalities . ARTICLE VII COMPENSATION Representative shall serve without compensation from the Commission; however, this shall not prevent a member municipality from compensating its representative if compensation by that member municipality is otherwise authorized by law. ARTICLE VIII CONFLICT OF INTEREST Representative shall not have a financial interest in any cable company, or its subsidiaries, major equipment or program suppliers: Minn. Stat. §238.15 (1976). BY-LAWS Revised 1/27/2025 1815 Greeley St S Ste 1 Stillwater, MN 55082 Phone: 651.439.8803 centralstcroi x@ comcast.net Central St. Croix Valley Joint Cable Communications Commisslor:i ARTICLE IX OFFICERS The officers of the Commission shall be a Chairperson, Vice-Chairperson, and Treasure. All officers shall be primary representatives. Officers of the Commission shall be elected at its first annual meeting during the month of February of each year . The term of office for Commission officers shall be eRe-two (2) years . The term of office shall begin at the adjournment of the annual meeting at which they are elected. Vacancies shall be filled by election at the ne xt regular meeting following the announcement of the vacancy, or as soon afterwards as is practical. No Commissioner shall hold more than one office at a time. An alternate representative may not hold office . The duties of the officers shall be as follows : Chairperson: The Chairperson shall preside at all meeting of the Commission and shall be the executive officer of the Commission. Vic e-Chai rperson: The Vice-Chairperson shall, in the absence of the Chairperson , exercise the powers and perform the duties of the Chairperson. Treasurer : The Treasurer shall oversee the management of the Commission's funds . Financial documents may be signed by any officer of the Commission (Chairperson, Vice Chairperson, secretary/Treasurer, and the administrative secretary. Checl~s shall have two (2) signatures. o r the Administrator. ARTICLE X MEETINGS The regular meetings of the Commission shall be held on the third Wednesday Monday of every other month quarter beginning in February January of each fiscal year. The regular meetings of the Commission will be held at the s-HHHe- office of Valley Access Channels. Special meetings of the Commission may be called by the Chairperson or the Administrator as needed, provided that the quorum must consist of at least one representative of each member city. BY-LAWS Revised 1/27 /2025 1815 Greeley St S Ste 1 Stillwater, MN 55082 Phone: 651.439.8803 centralstcroix@comcast.net Central St. Croix Valley Joint Cable Communications Commission ARTICLE XI NOTICE Notice of regular meetings of the Commission shall be given to the representatives at least five (5) days in advance of the meeting and when feasible, the agenda for such meeting will accompany the notice. Notices of the meetings shall be published in the officia l newspaper of the member municipalities on the VAC TV website and posted in the VAC TV office window. ARTICLE XII DOCUMENTS All documents which are required to be made available to the public shall be deposited and kept on file at the Commission office. ARTICLE XIII QUORUM No official action of the Commission shall be recorded as such without a quorum present and voting. A quorum shall be a majority of the representatives appointed at any one time to the Commission. The quorum shall consist of at least one member from each of our member cities. ARTICLE XIV COMMITTEES The Commission Chairperson may appoint committees of Commission members or may appoint advisory bodies to make recommendations to the Commission on cable communications. ARTICLE XV ANNUAL AUDIT The Commission's financial books and records shall be reviewed on or before July l51 of each year by the budget committee, or at other such times as the Commission may direct, but no less than every five years by an independent auditor designated and approved by the Commission. BY-LAWS Revised 1/27 /2025 1815 Greeley St S Ste 1 Stillwater, MN 55082 Phone: 651.439.8803 centralstcroix@comcast.net Cent ra I st. C ro i X Va 11 ey Joint Cable Communications Commission ARTICLE XVI PARLIAMENTARY AUTHORITY The rules contained in the current edition of Robert's Rules of Order, Newly Revised, shall govern the Commission in all cases to which they are applicable and in which they are not inconsistent with the Joint and Cooperative Agreement, these By-Laws and any special rules of order the Commission may adopt. ARTICLE XVII AMENDMENTS The Commission shall have the power to make, amend, and repeal the By-Laws of the Commission by a vote of two- thirds (2/3) of all the Commissioners present at a regular meeting of the Commission. Amendment of the By-laws becomes official when the amendment has been submitted in writing at one meeting of the Cable Commission and is adopted at the next meeting. Original document adopted by the Commission on February 13, 1985 . This document has been revised to reflect changes as amended dated: May 14, 1986; April 21, 1993; March 19, 1997; June 18, 2003 and January 27, 2025 . REVISED DOCUMENT ADOPTED BY THE COMMISSION ON THIS 27TH DAY OF JANUARY, 2025 . Graham Arntzen, Chairperson Andrew Kaeding, Vice -Chairperson Treasurer BY-LAWS Revised 1/27/2025 S'illwater 216 4th Street N, Stillwater, MN 55082 651-430-8800 \ www.stillwatermn.gov The Birthplace of Minnesota 1 AGENDA CITY COUNCIL MEETING November 19, 2024 REGULAR MEETING 7:00 P.M. I. CALL TO ORDER II. ROLL CALL III. PLEDGE OF ALLEGIANCE IV. RECOGNITIONS OR PRESENTATIONS V. OPEN FORUM — open forum allows the public to address Council on subjects which are not a 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 1. Public Works Director 2. Police Chief 3. Human Resource Manager 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. November 6, 2024 Workshop and Regular Meeting Minutes 11. November 12, 2024 Record of Canvassing Board Minutes 12. Payment of Bills 13. Arbitrage Engagement Letter Agreement 14. Assistant City Administrator Employment Agreement 15. Deferred Assessment for 2024 Street Improvement Project - Resolution 16. Emerald Ash Borer Tree Removal Project Round Two Agreement 17. Emergency Siren Maintenance Agreement 18. Hotel Licenses 19. Liquor and Tobacco License Renewals for 2025 - Resolution 20. On -Sale Intoxicating Liquor License with Sunday Sales for Mi Pueblo Cinco LLC and El Sazon Xelas LLC - Resolution 21. Solid Waste, Recycling and Roll -off Hauler License Renewals for 2025 22. Still Hope Event Permit for Manitou Fund at 601 Main St N 23. Tablet Command Service Agreement 24. Temporary Liquor License for Ascension Episcopal Church and World Snow Sculpting Championship Vlll. PUBLIC HEARINGS — when addressing Council please limit your comments to 10 minutes or less. 25. Charter Amendment for Section 15.11 and City Code Amendments for Assessment of Waste Disposal Fees and Abatements of Public Nuisance - 2nd Reading on 3 Ordinances IX. UNFINISHED BUSINESS X. NEW BUSINESS 26. Social District Special Law - Resolution 27. Imposing Local Option Sales Tax - Ordinance 11t Reading 28. Cannabis Businesses/Uses Zoning and City Code Ordinances - 11t Reading on 3 Ordinances XI. COUNCIL REQUEST ITEMS XII. ADJOURNMENT j (water 216 41h Street N, Stillwater, MN 55082 r0 0651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL MEETING MINUTES November 6, 2024 WORKSHOP MEETING 4:30 P.M. Mayor Kozlowski called the meeting to order at 4:34 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Interim Community Development Director Gutknecht Finance Director Provos Fire Chief Glaser Human Resources Manager Kroells Library Director Troendle Police Chief Mueller Public Works Director Sanders OTHER BUSINESS Downtown Parking Master Sign Plan Lance Bernard, TC2, gave a brief overview of the proposed Master Sign Plan and two options for signage design. He noted that the Downtown Parking Commission discussed the Plan and concluded that the proposed signs should be simple and consistent with existing signs. The next step will be to design plans that staff can use to produce the signs in-house. He briefed the Council on recommendations for gateway signs, additional pay stations, pay zones, directional signage and on -street regulatory signs. Mayor Kozlowski asked if any of the proposed guidelines will prevent adding flexibility to the parking strategy, for instance certain days free, and Mr. Bernard replied no, this is more about placement of signs throughout the downtown. Councilmember Junker noted year-round parking has just reached the one-year mark and the Downtown Parking Commission will need to analyze the financial impacts. Motion by Councilmember Collins, seconded by Councilmember Junker, to adopt the guidelines and strategies of the Downtown Parking Master Sign Plan. All in favor. Lakeview Hospital Concept Plan Review Mr. Gutknecht led an informal review of HealthPartners' Concept Plan to develop a new Lakeview Hospital Campus at Manning Avenue and 62nd Street North, a 64.04-acre site adjacent to State Highway 36. Plans include a 400,000-square-foot facility with a 104-foot tower, 935 parking stalls, sustainable landscaping, trails and open spaces. Access points are proposed at Manning Avenue and 62nd Street North with a realignment of 62nd Street City Council Meeting November 6, 2024 North to improve neighborhood connectivity. The applicant proposes construction begin in the second quarter of 2025. The Comprehensive Plan designates this area as a Research and Development Park, and a Zoning Amendment is required to proceed. The City has proactively acquired easements for water and sewer connections to serve both the proposed Lakeview site and the Central Commons development. Mr. Gutknecht summarized the primary staff concerns related to Curve Crest Boulevard connection, access, circulation, and traffic safety: 1. The proposed site access from Manning Avenue North and the realignment of 62nd Street North is inadequate and does not meet goals outlined by previous studies and the 2040 Comprehensive Plan. Additionally, the proposal does not appear consistent with adopted Fire Code requirements for access. 2. The Fire Department also noted that the proposed internal traffic calming measures do not appear compliant with Fire Code and either need to be removed or updated to ensure adequate width and turning radius. 3. From a zoning perspective, he stated that the proposed design appears to have a total height of 124 '(from garden level) and 104 'from front elevation grade, which is higher than the allowed 3 stories in the PA district. However, with a Planned Unit Development, there can be flexibility for height. Staff recommends the applicant consider height transition strategies, or a step -back of the facade if the building is adjacent to lower - density residential areas, to ensure compatibility. 4. The proposed 935 parking spaces may be sufficient, but per the parking regulations, the City will need to know how many beds and employees will be working on the busiest shift to determine if the parking is adequate or if there are too many parking spaces. Staff suggests exploring an alternative location for the parking garage further back at a lower elevation, due to the topography and proximity to the Highway 36 right-of-way. Councilmember Polehna stated he would like to make sure the public knows that the existing zoning, Agricultural Preserve, is simply a holding zone for annexed property so it is not seen as doing away with farmland. Mr. Gutknecht added that the underlying land use for that area, according to the Comprehensive Plan, is Research and Development. Councilmember Junker commented that a major goal of the Comprehensive Plan has for many years been the connection of Curve Crest to 62nd or Manning at the time of construction, not later. Brandi Lunneborg, President of Lakeview Hospital and HealthPartners, highlighted the history of Lakeview's partnership with the community. She gave a presentation on the types of care that will be provided based on Lakeview's regional strategy. She stated the new hospital will be licensed for 97 beds plus a 20-bed observation unit. Groundbreaking is planned for 2025 with grand opening in late 2027. The hospital today is at max capacity and needs costly infrastructure improvements. Trevor Gruys, Principal Civil Engineer, Loucks, reviewed design concepts. He stated 35% of the 64 acres is restricted for development and the buildable area is about 42 acres. They do not want to mitigate or damage the existing wetlands and will observe the shoreland overlay Page 2 of 8 City Council Meeting November 6, 2024 district for Long Lake of about 1000-foot buffer, making this part of the site design. Existing trail connections and tree stands will be used as natural buffers. Public administration as a guiding zoning district makes the most sense. They are leveraging the topography to create a walkout garden level; the 104-foot height is very important. The number of parking stalls will be fine-tuned. They will try to disperse the amount and type of stormwater management facilities that are used, and will use vegetation and rain gardens. The future traffic signal at 62nd and Manning will be a huge benefit to the campus and the neighborhood. Based on their traffic study, they feel the intersection improvements will be adequate to handle the traffic volumes. Alan Kranzo, VP of Real Estate, Planning and Construction for HealthPartners, discussed the design concept. He stated the six -floor design is necessary 1) to make it easy for patients, visitors and colleagues to access the site, 2) to provide one clear entry point rather than many, and 3) to provide vertical circulation within the building for people to get from floor to floor. An "internal Main Street" allows families and patients to get another service without leaving the building. Vertical stacking is the most efficient way to provide fast access between types of services. He also noted it is important to explore what type of redevelopment options exist for the current campus. Ms. Lunneborg added that they plan to continue using the Curve Crest location long term. Engagement in the community will be important. There will be an open house at The Lakes November 19. They anticipate adding 250-300 jobs within the first five years. Mayor Kozlowski voiced Council consensus that the project is compatible with the surrounding area but stated that he would need to see a scale model of the building before giving feedback on site layout, and that access from Curve Crest will be imperative. Mr. Kranzo responded the hospital team wants to meet the City's needs but view it as a collaborative effort because they must be cost-conscious. Public Works Director Sanders noted that Washington County will have input on the intersection of 62nd. He will provide the applicant insight on what the City envisions for Curve Crest. Ms. Lunneborg asked if there are funding mechanisms if there are substantial site costs, and Mayor Kozlowski answered the City does not typically build developers' roads. Mr. Kranzo remarked that a road is one aspect; if the City is talking about extending public utilities, that cost becomes exponential. Mayor Kozlowski, Councilmembers Junker and Polehna noted the City has long planned to run sewer and water from Curve Crest and the south, not from the north side. Ms. Lunneborg pointed out that since the hospital's original plans, economic conditions have changed significantly and some of what was talked about then would have cost a fraction of it would cost today with the hospital's expanded scope of making this a regional hub and not having other facilities on site to pass costs on to. Mr. Kranzo reiterated as a nonprofit, they must be cost conscious and not add unnecessary layers of design. Mayor Kozlowski stated the City is not going to be collecting property taxes either so it cannot just absorb the cost of infrastructure. Page 3 of 8 City Council Meeting November 6, 2024 Councilmember Junker remarked this is not additional cost for anybody, this is what was planned originally, to run Curve Crest through there. The City can't fund the whole road or the whole water and sewer cost. To have just one access off of Manning is not in the City's scope at all. The additional road connection must be done at time of development. Mr. Gutknecht summarized that the Council needs a better idea of scale and mass of building, and staff will work with the applicants to clarify what is required for engineering, fire and safety standards, and work with the applicant on cost measures and revisiting the alignment of 62nd. Cannabis Businesses/Uses City Attorney Land stated that the Planning Commission discussed the proposed zoning ordinance amendments, held a public hearing and recommended approval of the ordinance amendments with several suggestions which she summarized for the Council. She reviewed the zoning districts of the cannabis uses and buffer zones to confirm the Council concurs with the Planning Commission recommendations. Because these are zoning restrictions, an applicant may always request a variance. She reviewed City code amendments. A first reading is expected at the next meeting, and second reading in December. STAFF REPORTS Public Works Director Sanders noted that the Local Option Sales Tax referendum passed which will give the City $6.2 million to finish the riverbank projects. He informed the Council of a speed limit increase on Highway 36 and status of the street project and downtown lighting project. He stated last week's Public Works open house went well. Police Chief Mueller updated the Council on personnel, Emergency Management training, and the election which had no problems. Eight officers will participate in the Presidential Inauguration. Library Director Troendle stated there will be a book collection drive November 9, a book sale November 13-16, and the terrace roof project is finished. Human Resources Director Kroells reminded the Council of open enrollment, the 2024 wellness calendar, and performance review system transition. Fire Chief Glaser reported the passing of retired firefighter Leonard Schrade, and provided a staff update. Finance Director Provos gave an update on collection of assessments. Interim Community Development Director Gutknecht stated there was a tour of the Manitou building last week. City Clerk Wolf reported on the mattress collection, board and commission openings, and reminded the Council of the canvas meeting November 12. City Attorney Land gave an update on property -related litigation. City Administrator Kohlmann stated the Council will discuss designation of a Social District at the next meeting. Legislative topics and budget adoption are scheduled for December 3. Page 4 of 8 City Council Meeting November 6, 2024 RECESS Mayor Kozlowski recessed the meeting at 6:52 p.m. REGULAR MEETING 7:00 P.M. Mayor Kozlowski called the meeting to order at 7:04 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker, Odebrecht, Polehna Absent: None Staff present: City Administrator Kohlmann City Attorney Land City Clerk Wolf Interim Community Development Director Gutknecht Finance Director Provos Fire Chief Glaser Human Resources Manager Kroells 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 2024 Heritage Preservation Awards Heritage Preservation Commission Chair Matt Thueson explained the history of heritage preservation efforts in Stillwater. He presented the HPC awards for projects at 512 5th Street North (residential remodeling), 205 Walnut Street East (accessory dwelling unit), 101 Pine Street West (Washington County Historic Courthouse rehabilitation), 602 Main Street North (Warden's House Museum front porch replacement); and recognized Stillwater architect and artist Michael McGuire, 1928-2024 for all his contributions to Stillwater. Honorable Mentions were: The Good Egg food truck, 809 5th Street North, and Manitou Fund Education & Arts Center. OPEN FORUM Brian Carlson, River Siren Brewing Company, requested that the Council allow THC on -sale low -dose consumption in the Central Business District. He explained how the brewery will produce safe, regulated THC beverages for patrons' consumption. CONSENT AGENDA October 15, 2024 Regular Meeting Minutes Payment of Bills 2025 Street Improvement Project Survey Agreement Amendment Bridgeview Park Courtesy Docks Project Consulting Services Agreement Charter Amendment for Section 15.11 - Ordinance 1st Reading Page 5 of 8 City Council Meeting November 6, 2024 Curve Crest Blvd Utility Extension Project Approve Plans and Advertise for Bids - Resolution 2024-126 Grant Applications for the Dutchtown Designation Study Project Hotel License for 402 Main St. S. Police Department Purchase Request for Camera System and License Plate Reader Rescind By-laws for Human Rights Commission and Downtown Parking Commission - Resolution 2024-127 Short Term Home Rental License for 224 Main St S Short Term Home Rental License for 302 Main St S Stormwater Management Facilities Agreement and Access Easement for Mister Carwash Third Amendment to Resolution and Order to Repair Structure at 1309 3rd St S - Resolution 2024-128 Washington County ARPA Funds Agreement Amendment Water Systems Study and PFAS Water Treatment Plant Facility Plan City Code Amendments for Assessment of Waste Disposal Fees and Abatements of Public Nuisance - 2 Ordinances 1st Reading Motion by Councilmember Junker, seconded by Councilmember Polehna, to adopt the Consent Agenda. All in favor. PUBLIC HEARINGS Assessment of Service Charge to Businesses Located within the Special Service District in Downtown Stillwater Public Works Director Sanders explained that business property owners located in the newly established Special Service District in downtown Stillwater are assessed a service charge to help pay for certain City services to enhance, improve and beautify the District. The estimated cost of the services is $50,500 annually, which is $500 per commercial building within the District (101 parcels). He reviewed 2024 District initiatives that were done or being done as a result of the service charge. Every year the City must hold a public hearing to determine whether to continue the service charge. Staff recommends that Council adopt the proposed assessment of $500 for a service charge to businesses located within the Special Service District. Mayor Kozlowski opened the public hearing. Larry O'Connor, 212 Commercial Street, stated he opposed the service charge. He feels that property taxes should cover all the initiatives and his building does not benefit. His wife and business co-owner asked what would stop the City from doubling the charge next year. Councilmember Junker stated that every business benefits because every building is part of the look of downtown Stillwater. The service charge was a result of a simple majority of downtown business owners who came to the City asking for the services. Brian Carlson, River Siren Brewing Company, stated he was one of the business owners who voted for this assessment. He agreed that keeping the Central Business District clean and safe is better for all businesses. Mayor Kozlowski closed the public hearing. Page 6 of 8 City Council Meeting November 6, 2024 Motion by Councilmember Junker, seconded by Councilmember Odebrecht, to adopt Resolution 2024-129, Adopting Assessment of Service Charges to the Special Service District, L.I. 440. All in favor. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS Chapel Hill Flats Zoning Approval Extension Request Interim Community Development Director Gutknecht stated that Landucci Construction has requested an extension to their Zoning Approval expiration date for Chapel Hill Flats, a 2- story 21-unit market -rate apartment building proposed for vacant property located at the northeast corner of 3rd Street North and Myrtle Street. The planning approvals were to expire 24 months after the approval date unless the action permitted has been completed. The original project approval was granted on October 4, 2022 and expired on October 4, 2024 (deadline for project completion). No alternative timeframes were specified as a condition of approval. On June 18, 2024, the applicant requested, and was denied, a two- year extension from the original expiration date. The applicant has renewed his request for an extension. City staff has already completed plan review for the Building Permit, but the developer did not pay the Plan Review Fee. Mayor Kozlowski commented if the Council granted a 45-day extension, the applicant could pull the building permit and the project would not have to go through the Planning Commission, Heritage Preservation Commission and staff review again. Nathan Landucci, applicant, explained there was a communication gap between him and previous Community Development Director Gladhill. He thought he could apply for the building permit until the end of October, until Mr. Gutknecht informed him on October 11 that the approval had expired October 4. He added that he has a financial partner for the project and was set to close October 31. Councilmember Junker noted Mr. Landucci's project has been proposed since May 2021 so why couldn't it be financed without this partner? Mr. Landucci replied there were issues with interest rates, and a question of whether he should do the project or not do it. It's hard to build a new apartment building these days. Motion by Councilmember Junker, seconded by Councilmember Collins, to deny the request by Chapel Hill Flats for a zoning approval extension. Motion passed 4-1 with Mayor Kozlowski voting nay. COUNCIL REQUEST ITEMS There were no Council request items. ADJOURNMENT Motion by Councilmember Collins, seconded by Councilmember Polehna, to adjourn. All in favor. The meeting was adjourned at 8:23 p.m. Page 7 of 8 City Council Meeting November 6, 2024 ATTEST: Beth Wolf, City Clerk Ted Kozlowski, Mayor Resolution 2024-126, Approve Plans & Specifications and Ordering Advertisement for Bids for the Curve Crest Boulevard Utility Extension Project (Project 2023- 11) Resolution 2024-127, Rescinding Resolution 2017-175 Approving Human Rights Commission By -Laws and Resolution 2018-204 Rescinding Resolutions 2017- 096, 2009-95, 2008-36 and Amend Resolution 92-249 Establishing Downtown Parking Commission and By -Laws Resolution 2024-128, Third Amendment to Resolution and Order to Raze and Remove the Hazardous Structures Located at 1309 3rd Street South Resolution 2024-129, Adopting Assessment of Service Charges to the Special Service District, L.I.440 Page 8 of 8 a,illwater 216 41h Street N, Stillwater, MN 55082 651-430-8800 The Birthplace of Minnesota www.stillwatermn.gov CITY COUNCIL SPECIAL MEETING November 12, 2024 SPECIAL MEETING 6:30 P.M. Mayor Kozlowski called the meeting to order at 6:30 p.m. Present: Mayor Kozlowski, Councilmembers Collins, Junker and Odebrecht Absent: Councilmember Polehna Staff present: City Clerk Wolf CANVASS BOARD City Clerk Wolf provided the Abstract of Votes Cast for Council Member Ward 2 and Council Member Ward 3 as well as the City Question 1 for the City's municipal election held on November 5, 2024. Motion by Councilmember Odebrecht seconded by Councilmember Collins to approve the Abstract of Votes Cast for Stillwater's Municipal Election for Council Member Ward 1 and Council Member Ward 2 and City Question 1. All in favor. ADJOURNMENT Motion by Councilmember Junker seconded by Councilmember Collins to adjourn. All in favor. The meeting was adjourned at 6:31 p.m. Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk water. THE BIRTHPLACE OF MINNESOTA DATE: November 15, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator Sharon Provos, Finance Director SUBJECT: Arbitrage Monitoring Engagement Letter DISCUSSION Issuers of tax-exempt bonds must comply with certain post issuance requirements related to rebate and yield restriction under Section 148 of the Internal Revenue Code, Treasury Regulations, and related rulings (together, the "Arbitrage Rules"). throughout the life of the bond issue to maintain the tax- exempt status of the Bonds. Analysis related to Arbitrage Rules can be complex and work intensive. These Arbitrage Rules apply to amounts held in construction, escrow, reserve, debt service account(s), etc., along with related investment income on each fund/account. Baker Tilly has the expertise to provide this service. RECOMMENDATION Staff recommends Council engage Baker Tilly to provide arbitrage monitoring services for the City. ACTION REQUESTED If council concurs with staff recommendation, Council should pass a motion to approve the Baker Tilly Arbitrage Monitoring Engagement Letter. November 15, 2024 City of Stillwater, Minnesota Attn: Mr. Joe Kohlmann, City Administrator 216 North Fourth Street Stillwater, MN 55082 RE: Engagement Letter Agreement Related to Services CG bakertill y Baker Tilly US, LLP 30 East Seventh Street Suite 3025 Saint Paul, MN 55101 651-223-3034 bakertilly.com This letter agreement (the Engagement Letter) is to confirm our understanding of the basis upon which Baker Tilly US, LLP (Baker Tilly) and its affiliates are being engaged by the City of Stillwater, Minnesota (the Client) to assist the Client with advisory services. Scope, Objectives and Approach It is anticipated that projects undertaken in accordance with this Engagement Letter will be at the request of the Client. The scope of services, additional terms and associated fee for individual engagements will be contained in a Scope Appendix or Appendices to this Engagement Letter. Authorization to provide services will commence upon execution and return of this Engagement Letter and one or more Appendices. Management's Responsibilities It is understood that Baker Tilly will serve in an advisory capacity with the Client. The Client is responsible for management decisions and functions, and for designating an individual with suitable skill, knowledge or experience to oversee the services we provide. The Client is responsible for evaluating the adequacy and results of the services performed and accepting responsibility for such services. The Client is responsible for establishing and maintaining internal controls, including monitoring ongoing activities. The procedures we perform in our engagement will be heavily influenced by the representations that we receive from Client personnel. Accordingly, false representations could cause material errors to go undetected. The Client, therefore, agrees that Baker Tilly will have no liability in connection with claims based upon our failure to detect material errors resulting from false representations made to us by any Client personnel and our failure to provide an acceptable level of service due to those false representations. The ability to provide service according to timelines established and at fees indicated will rely in part on receiving timely responses from the Client. The Client will provide information and responses to deliverables within the timeframes established in a Scope Appendix unless subsequently agreed otherwise in writing. The responsibility for auditing the records of the Client rests with the Client's separately retained auditor and the work performed by Baker Tilly shall not include an audit or review of the records or the expression of an opinion on financial data. City of Stillwater, Minnesota Engagement Letter, dated November 15, 2024 Page 1 118 CG bakertilly Ownership of Intellectual Property Unless otherwise stated in a specific Scope Appendix, subject to Baker Tilly's rights in Baker Tilly's Knowledge (as defined below), Client shall own all intellectual property rights in the deliverables developed under the applicable Scope Appendix or Appendices ("Deliverables"). Notwithstanding the foregoing, Baker Tilly will maintain all ownership right, title and interest to all Baker Tilly's Knowledge. For purposes of this Agreement "Baker Tilly's Knowledge" means Baker Tilly's proprietary programs, modules, products, inventions, designs, data, or other information, including all copyright, patent, trademark and other intellectual property rights related thereto, that are (1) owned or developed by Baker Tilly prior to the Effective Date of this Agreement or the applicable Scope Appendix or Appendices ("Baker Tilly's Preexisting Knowledge") (2) developed or obtained by Baker Tilly after the Effective Date, that are reusable from client to client and project to project, where Client has not paid for such development; and (3) extensions, enhancements, or modifications of Baker Tilly's Preexisting Knowledge which do not include or incorporate Client's confidential information. To the extent that any Baker Tilly Knowledge is incorporated into the Deliverables, Baker Tilly grants to Client a non-exclusive, paid up, perpetual royalty -free worldwide license to use such Baker Tilly Knowledge in connection with the Deliverables, and for no other purpose without the prior written consent of Baker Tilly. Additionally, Baker Tilly may maintain copies of its work papers for a period of time and for use in a manner sufficient to satisfy any applicable legal or regulatory requirements for records retention. The supporting documentation for this engagement, including, but not limited to work papers, is the property of Baker Tilly and constitutes confidential information. We may have a responsibility to retain the documentation for a period of time sufficient to satisfy any applicable legal or regulatory requirements for records retention. If we are required by law, regulation or professional standards to make certain documentation available to required third parties, the Client hereby authorizes us to do so. Timing and Fees Specific services will commence upon execution and return of a Scope Appendix to this Engagement Letter and our professional fees will be based on the rates outlined in such Scope Appendix. Payment of professional fees is not contingent upon project completion by Client nor material timing changes in project completion. Professional fees provided according to the Scope Appendix are due within 30 days of being invoiced, regardless of project status. If necessary, monthly payment plan arrangements may be negotiated upon request. Unless otherwise stated, in addition to the fees described in a Scope Appendix the Client will pay all of Baker Tilly's reasonable out-of-pocket expenses incurred in connection with the engagement. All out of pocket costs will be passed through at cost and will be in addition to the professional fee. City of Stillwater, Minnesota Engagement Letter, dated November 15, 2024 Page 2 118 CG bakertilly Dispute Resolution Except for disputes related to confidentiality or intellectual property rights, all disputes and controversies between the parties hereto of every kind and nature arising out of or in connection with this Engagement Letter or the applicable Scope Appendix or Appendices as to the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuation, or termination of this Agreement or the applicable Scope Appendix or Appendices as shall be resolved as set forth in this section using the following procedure: In the unlikely event that differences concerning the services or fees provided by Baker Tilly should arise that are not resolved by mutual agreement, both parties agree to attempt in good faith to settle the dispute by engaging in mediation administered by the American Arbitration Association under its mediation rules for professional accounting and related services disputes before resorting to litigation or any other dispute resolution procedure. Each party shall bear their own expenses from mediation and the fees and expenses of the mediator shall be shared equally by the parties. If the dispute is not resolved by mediation, then the parties agree to expressly waive trial by jury in any judicial proceeding involving directly or indirectly, any matter (whether sounding in tort, contract, or otherwise) in any way arising out of, related to, or connected with this Agreement or the applicable Scope Appendix or Appendices as or the relationship of the parties established hereunder. Because a breach of any the provisions of this Engagement Letter or the applicable Scope Appendix or Appendices as concerning confidentiality or intellectual property rights will irreparably harm the non - breaching party, Client and Baker Tilly agree that if a party breaches any of its obligations thereunder, the non -breaching party shall, without limiting its other rights or remedies, be entitled to seek equitable relief (including, but not limited to, injunctive relief) to enforce its rights thereunder, including without limitation protection of its proprietary rights. The parties agree that the parties need not invoke the mediation procedures set forth in this section in order to seek injunctive or declaratory relief. Limitation on Damages To the extent allowed under applicable law, the aggregate liability (including attorney's fees and all other costs) of either party and its present or former partners, principals, agents or employees to the other party related to the services performed under an applicable Scope Appendix or Appendices shall not exceed the fees paid to Baker Tilly under the applicable Scope Appendix or Appendices to which the claim relates, except to the extent finally determined to have resulted from the gross negligence, willful misconduct or fraudulent behavior of the at -fault party. Additionally, in no event shall either party be liable for any lost profits, lost business opportunity, lost data, consequential, special, incidental, exemplary or punitive damages, delays or interruptions arising out of or related to this Engagement Letter or the applicable Scope Appendix or Appendices as even if the other party has been advised of the possibility of such damages. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Engagement Letter are material bargained for bases of this Engagement Letter and that they have been taken into account and reflected in determining the consideration to be given by each party under this Engagement Letter and in the decision by each party to enter into this Engagement Letter. The terms of this section shall apply regardless of the nature of any claim asserted (including, but not limited to, contract, tort or any form of negligence, whether of you, Baker Tilly or others), but these terms shall not apply to the extent finally determined to be contrary to the applicable law or regulation. These terms shall also continue to apply after any termination of this Engagement Letter. You accept and acknowledge that any legal proceedings arising from or in conjunction with the services provided under this Engagement Letter must be commenced within twelve (12) months after the performance of the services for which the action is brought, without consideration as to the time of discovery of any claim. City of Stillwater, Minnesota Engagement Letter, dated November 15, 2024 Page 3 118 CG bakertilly Other Matters E-Verify Program Baker Tilly participates in the E-Verify program. For the purpose of this paragraph, the E-Verify program means the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (P.L. 104-208), Division C, Title IV, s.401(a), as amended, operated by the United States Department of Homeland Security or a successor work authorization program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work authorization status of newly hired employees under the Immigration Reform and Control Act of 1986 (P.L. 99-603). Baker Tilly does not employ any "unauthorized aliens" as that term is defined in 8 U.S.C. 1324a(h)(3). Investments Baker Tilly certifies that pursuant to I.C. 5-22-16.5 et seq. Baker Tilly is not now engaged in investment activities in Iran. Baker Tilly understands that providing a false certification could result in the fines, penalties, and civil action listed in I.C. 5-22-16.5-14. Non -Discrimination Pursuant to I.C. §22-9-1-10, Baker Tilly and its subcontractors, if any, shall not discriminate against any employee or applicant for employment to be employed in the performance of this Engagement Letter, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, ancestry, or veteran status. Breach of this covenant may be regarded as a material breach of this Engagement Letter. Baker Tilly certifies that, except for de minimis and non-systematic violations, it has not violated the terms of I.C. 24-4.7, I.C. 24-5-12, or I.C. 24-5-14 in the previous three hundred sixty-five (365) days, even if I.C. 24- 4.7 is preempted by federal law, and that Baker Tilly will not violate the terms of I.C. 24-4.7 for the duration of the Engagement Letter, even if I.C. 24-4.7 is preempted by federal law. Baker Tilly further certifies that any affiliate or principal of Baker Tilly and any agent acting on behalf of Baker Tilly or on behalf of any affiliate or principal of Baker Tilly, except for de minimis and non-systematic violations, has not violated the terms of I.C. 24-4.7 in the previous three hundred sixty-five (365) days, even if I.C. 24-4.7 is preempted by federal law, and will not violate the terms of I.C. 24-4.7 for the duration of the Engagement Letter, even if I.C. 24-4.7 is preempted by federal law. Anti -Nepotism The Firm is aware of the provisions under I.C. 36-1-21 et seq. with respect to anti -nepotism in contractual relationships with governmental entities. The Firm is not aware of any relative (as defined in I.C. 36-1-21-3) of any elected official (as defined in I.C. 36-1-21-2) of the Client who is an owner or an employee of the Firm. In the event Baker Tilly is requested by the Client; or required by government regulation, subpoena, or other legal process to produce our engagement working papers or its personnel as witnesses with respect to its Services rendered for the Client, so long as Baker Tilly is not a party to the proceeding in which the information is sought, Client will reimburse Baker Tilly for its professional time and expenses, as well as the fees and legal expenses incurred in responding to such a request. City of Stillwater, Minnesota Engagement Letter, dated November 15, 2024 Page 4 118 CG bakertilly Neither this Engagement Letter, any claim, nor any rights or licenses granted hereunder may be assigned, delegated, or subcontracted by either party without the `written consent of the other party. Either party may assign and transfer this Engagement Letter to any successor that acquires all or substantially all of the business or assets of such party by way of merger, consolidation, other business reorganization, or the sale of interest or assets, provided that the party notifies the other party in writing of such assignment and the successor agrees in writing to be bound by the terms and conditions of this Engagement Letter. In the event that any provision of this Engagement Letter or statement of work contained in a Scope Appendix hereto is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Engagement Letter or statement of work did not contain the particular provisions held to be unenforceable. The unenforceable provisions shall be replaced by mutually acceptable provisions which, being valid, legal and enforceable, come closest to the intention of the parties underlying the invalid or unenforceable provision. If the Services should become subject to the independence rules of the U.S. Securities and Exchange Commission with respect to Client, such that any provision of this Engagement Letter would impair Baker Tilly's independence under its rules, such provision(s) shall be of no effect. All non -municipal advisory services provided hereunder shall be performed in accordance with the professional standards of the Baker Tilly affiliate that performs the services and may not create a fiduciary relationship between the Baker Tilly affiliate and the Client. Termination Both the Client and Baker Tilly have the right to terminate this Engagement Letter, or any work being done under an individual Scope Appendix at any time after reasonable advance written notice. On termination, all fees and charges incurred prior to termination shall be paid promptly. Unless otherwise agreed to by the Client and Baker Tilly, the scope of services provided in a Scope Appendix will terminate 60 days after completion of the services in such Appendix. Important Disclosures Incorporated as Attachment A and part of this Engagement Letter are important disclosures. These include disclosures that apply generally and those that are applicable in the event Baker Tilly is engaged to provide municipal advisory services. City of Stillwater, Minnesota Engagement Letter, dated November 15, 2024 Page 5 118 CG bakertilly This Engagement Letter, including the attached Disclosures as updated from time to time, comprises the complete and exclusive statement of the agreement between the parties, superseding all proposals, oral or written, and all other communications between the parties. Both parties acknowledge that work performed pursuant to the Engagement Letter will be done through Scope Appendices executed and made a part of this document. Any rights and duties of the parties that by their nature extend beyond the expiration or termination of this Engagement Letter shall survive the expiration or termination of this Engagement Letter or any statement of work contained in a Scope Appendix hereto. If this Engagement Letter is acceptable, please sign below and return one copy to us for our files. Sincerely, Elizabeth Bergman, Principal Signature Section: The terms as set forth in this Engagement Letter are agreed to on behalf of the Client by: Name: Title: Date: Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and controlled subsidiary of Baker Tilly US, LLP, an accounting firm. Baker Tilly US, LLP trading as Baker Tilly, is a member of the global network of Baker Tilly International, Ltd., the members of which are separate and independent legal entities. © 2024 Baker Tilly Municipal Advisors, LLC City of Stillwater, Minnesota Engagement Letter, dated November 15, 2024 Page 6 118 Attachment A Important Disclosures Non -Exclusive Services Client acknowledges and agrees that Baker Tilly and its affiliates, including but not limited to Baker Tilly US, LLP, Baker Tilly Municipal Advisors, LLC, Baker Tilly Capital, LLC, and Baker Tilly Wealth Management, LLC, is free to render municipal advisory and other services to the Client or others and that Baker Tilly does not make its services available exclusively to the Client. Affiliated Entities Baker Tilly US, LLP is an independent member of Baker Tilly International. Baker Tilly International Limited is an English company. Baker Tilly International provides no professional services to clients. Each member firm is a separate and independent legal entity and each describes itself as such. Baker Tilly US, LLP is not Baker Tilly International's agent and does not have the authority to bind Baker Tilly International or act on Baker Tilly International's behalf. None of Baker Tilly International, Baker Tilly US, LLP, nor any of the other member firms of Baker Tilly International has any liability for each other's acts or omissions. The name Baker Tilly and its associated logo is used under license from Baker Tilly International Limited. Baker Tilly Wealth Management, LLC ("BTWM"), a U.S. Securities and Exchange Commission ("SEC") registered investment adviser, may provide services to the Client in connection with the investment of proceeds from an issuance of securities. In such instances, services will be provided under a separate engagement, for an additional fee. Notwithstanding the foregoing, Baker Tilly may act as solicitor for and recommend the use of BTWM, but the Client shall be under no obligation to retain BTWM or to otherwise utilize BTWM relative to Client's investments. The fees paid with respect to investment services are typically based in part on the size of the issuance proceeds and Baker Tilly may have incentive to recommend larger financings than would be in the Client's best interest. Baker Tilly will manage and mitigate this potential conflict of interest by this disclosure of the affiliated entity's relationship, a Solicitation Disclosure Statement when Client retains BTWM's services. Baker Tilly Capital, LLC ("BTC") is a limited service broker -dealer specializing in merger and acquisition, capital sourcing, project finance and corporate finance advisory services. BTC does not participate in any municipal offerings advised on by its affiliate Baker Tilly Municipal Advisors. Any services provided to Client by BTC would be done so under a separate engagement for an additional fee. Baker Tilly Municipal Advisors ("BTMA") is registered as a "municipal advisor" pursuant to Section 15B of the Securities Exchange Act and rules and regulations adopted by the SEC and the Municipal Securities Rulemaking Board ("MSRB"). As such, BTMA may provide certain specific municipal advisory services to the Client. BTMA is neither a placement agent to the Client nor a broker/dealer. The offer and sale of any bonds is made by the Client, in the sole discretion of the Client, and under its control and supervision. The Client acknowledges that BTMA does not undertake to sell or attempt to sell bonds or other debt obligations and will not take part in the offer or sale thereof. Baker Tilly, may provide services to the Client in connection with human resources consulting, including, but not limited to, executive recruitment, talent management and community survey services. In such instances, services will be provided under a separate scope of work for an additional fee. Certain executives of the Client may have been hired after the services of Baker Tilly were utilized and may make decisions about whether to engage other services of Baker Tilly or its affiliates. Notwithstanding the foregoing, Baker Tilly may recommend the use of Baker Tilly or a subsidiary, but the Client shall be under no obligation to retain Baker Tilly or an affiliate or to otherwise utilize either relative to the Client's activities. City of Stillwater, Minnesota Engagement Letter, dated November 15, 2024 (Attachment A) Page 7 118 Conflict Disclosure Applicable to Municipal Advisory Services Provided by BTMA Legal or Disciplinary Disclosure. BTMA is required to disclose to the SEC information regarding criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation involving BTMA. Pursuant to MSRB Rule G-42, BTMA is required to disclose any legal or disciplinary event that is material to the Client's evaluation of BTMA or the integrity of its management or advisory personnel. There are no criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations or civil litigation involving BTMA. Copies of BTMA filings with the SEC can currently be found by accessing the SEC's EDGAR system Company Search Page which is currently available at https://www.sec.gov/edaar/searchedgar/companysearch.html and searching for either Baker Tilly Municipal Advisors, LLC or for our CIK number which is 0001616995. The MSRB has made available on its website (www.msrb.org) a municipal advisory client brochure that describes the protections that may be provided by MSRB rules and how to file a complaint with the appropriate regulatory authority. Contingent Fee. The fees to be paid by the Client to BTMA are or may be based on the size of the transaction and partially contingent on the successful closing of the transaction. Although this form of compensation may be customary in the municipal securities market, it presents a conflict because BTMA may have an incentive to recommend unnecessary financings, larger financings or financings that are disadvantageous to the Client. For example, when facts or circumstances arise that could cause a financing or other transaction to be delayed or fail to close, BTMA may have an incentive to discourage a full consideration of such facts and circumstances, or to discourage consideration of alternatives that may result in the cancellation of the financing or other transaction. Hourly Fee Arrangements. Under an hourly fee form of compensation, BTMA will be paid an amount equal to the number of hours worked multiplied by an agreed upon billing rate. This form of compensation presents a potential conflict of interest if BTMA and the Client do not agree on a maximum fee under the applicable Appendix to this Engagement Letter because BTMA will not have a financial incentive to recommend alternatives that would result in fewer hours worked. In addition, hourly fees are typically payable by the Client whether or not the financing transaction closes. Fixed Fee Arrangements. The fees to be paid by the Client to BTMA may be in a fixed amount established at the outset of the service. The amount is usually based upon an analysis by the Client and BTMA of, among other things, the expected duration and complexity of the transaction and the work documented in the Scope Appendix to be performed by Baker Tilly. This form of compensation presents a potential conflict of interest because, if the transaction requires more work than originally contemplated, Baker Tilly may suffer a loss. Thus, Baker Tilly may recommend less time-consuming alternatives, or fail to do a thorough analysis of alternatives. BTMA manages and mitigates conflicts related to fees and/or other services provided primarily through clarity in the fee to be charged and scope of work to be undertaken and by adherence to MSRB Rules including, but not limited to, the fiduciary duty which it owes to the Client requiring BTMA to put the interests of the Client ahead of its own and BTMA's duty to deal fairly with all persons in its municipal advisory activities. To the extent any additional material conflicts of interest have been identified specific to a scope of work the conflict will be identified in the respective Scope Appendix. Material conflicts of interest that arise after the date of a Scope Appendix will be provide to the Client in writing at that time. City of Stillwater, Minnesota Engagement Letter, dated November 15, 2024, 2024 (Attachment A) Page 8 118 SCOPE APPENDIX to Engagement Letter dated: February 22, 2024 Between the City of Stillwater, Minnesota and Baker Tilly US, LLP RE: Municipal Advisory Services — Debt Issuance, Arbitrage and Continuing Disclosure DATE: November 15, 2024 This Scope Appendix is attached by reference to the above -named engagement letter (the Engagement Letter) between the City of Stillwater, Minnesota (the Client) and Baker Tilly US, LLP and relates to services to be provided by Baker Tilly Municipal Advisors, LLC. SCOPE OF WORK Baker Tilly Municipal Advisors, LLC (BTMA) will perform the following services: A. General Municipal Advisory Services Unless otherwise agreed to by the parties, in connection with any request for services relative to any financial topic, new project concept planning or other financially related topic or project (each referred to herein as a Project), BTMA shall perform the following services, as applicable: 1. Provide general financial advice relative to a Project. 2. Survey the resources available to determine the financial feasibility of a Project. 3. Assist in the development of a plan including alternative approaches for a particular Project that may be available and appropriate for such Project. 4. Assist the Client in selecting an approach for a Project. 5. Advise the Client generally on current market conditions, financial impacts of federal, state or other laws, and other general information and economic data that might be relevant to a Project. 6. Assist Client, as requested, in identifying other professional services that may be necessary to a Project. 7. Assist Client in coordinating the activities of the working group for a Project as needed. 8. Assist with the review of documents provided that are relevant to the development of a plan and alternative approaches for a Project. 9. Assist the Client with other components of a Project as requested and agreed upon. B. Securities Issuance Unless otherwise agreed to by the parties, in connection with any request for services relative to any debt issuance including modifying or refunding of a prior issuance or other financings (each referred to herein as a Transaction), BTMA shall perform the following services, as applicable: 1. Develop a preliminary estimate of project costs and provide a financial feasibility to assist the Client in its determination of what type of financing is most suitable to meet the needs of the Client for the particular issuance ("Debt Obligation"). 2. Assist the Client in determination of an appropriate method of sale for the Debt Obligation (e.g. competitive, negotiated, private placement.) 3. Provide for the Client's consideration an amount, the security, maturity structure, call provisions, estimated pricing, and other terms and conditions of the Debt Obligation. 4. Advise the Client on current market conditions, financial impacts of federal, state or other laws, and other general information and economic data that might normally be expected to influence the ability to borrow or interest rates of the Debt Obligation. 0 bakerti lly Page SA - 9 118 SCOPE APPENDIX to Engagement Letter dated: November 15, 2024 Between the City of Stillwater, Minnesota and Baker Tilly US, LLP 5. Assist the Client in the analysis of advisability of securing a credit rating, and the selection of a credit rating firm or firms for the Debt Obligation and further assist in the development and presentation of information to obtain a credit rating or credit ratings for the Debt Obligation. 6. Assist the Client in the analysis of utilizing credit enhancement and provide assistance in seeking such credit enhancement if such credit enhancements would be advantageous to the Client. 7. Assist Client in coordinating the financing activities between various parties to any Transaction as needed. 8. Assist Client in identifying other professional services that may be necessary for the issuance or post -issuance requirements of the Debt Obligation. 9. Assist the Client in connection with the preparation, composition, review and distribution of an offering document (e.g. Preliminary and Final Official Statement, Offering Circular, Term Sheet, or Private Placement Memorandum, as applicable) of the type and nature generally prepared in connection with the sale of municipal securities, which will disclose technical data, information and schedules relating to the Client, the project and the Debt Obligation. 10. Provide relevant information for and assist with the review of other primary financing documents, including but not limited to the relevant governing body issuance resolutions/ordinances, bond purchase agreement, closing documents, and official notice of sale. 11. Communicate with potential underwriters or investors, as appropriate to any Transaction, to ensure that each is furnished with information the Client has deemed to be material in order to render an independent, informed purchase or investment decision concerning the Client's proposed financing. 12. Facilitate the sale of Debt Obligations through receipt and analysis of bids in a competitive sale or analysis of pricing and terms offered by an underwriter or purchaser in a negotiated or private placement sale. 13. Coordinate with the proper parties to ensure the efficient delivery of the Debt Obligations to the applicable purchaser and receipt of proceeds. C. Arbitrage Monitoring Services BTMA shall, based on information supplied by Client, make arbitrage calculations (to include for purposes of this document, rebate and yield reduction calculations) required by Section 148 of the Internal Revenue Service (IRS) Code and related U.S. Treasury regulations with respect to specified Debt Obligations for the reporting period designated for any such Debt Obligation. Annually, BTMA will provide the Client with a listing of the specified Debt Obligations and the reporting period designated for any such Debt Obligation (an Authorization Listing) to confirm the scope of the ongoing arbitrage monitoring services. Exhibit A reflects the Authorization Listing as of the date of this Scope Appendix. In carrying out its duties, BTMA shall periodically, for each specified Debt Obligation: 1. Determine the arbitrage yield limit on the applicable Debt Obligation; 2. Determine the amount of any arbitrage payment due the IRS while taking into consideration applicable exceptions; 3. Notify Client and/or its designee of any liability amount; 4. Prepare for submission by Client the form(s) with which to submit any payment amount due to the IRS at the appropriate intervals throughout the term of the engagement relative to each specified Debt Obligation. (9 bakertilly Page SA- 10 118 SCOPE APPENDIX to Engagement Letter dated: November 15, 2024 Between the City of Stillwater, Minnesota and Baker Tilly US, LLP Client agrees to timely provide BTMA with accurate information concerning cash and investment activity within all funds relative to the subject Debt Obligations. The information to be provided shall include: 1. Deposits and withdrawals of proceeds or money from other sources within any funds subject to the IRS arbitrage rules; 2. Payments of principal and interest on the Debt Obligations; and 3. All investment activity including: a) Date of purchase or acquisition; b) Purchase price of investments including any accrued interest; c) Face amount and maturity date; d) Stated rate of interest; e) Interest payment dates; f) Date of sale, transfer, or other disposition; g) Sale or disposition price; and h) Accrued interest due on the date of sale or disposition. 4. The Client will provide copies of Debt Obligation offering or legal documents, including, but not limited to, the official statement, the information return filed upon issuance (Form 8038 or 8038- G), the arbitrage certificate, verification report and the bond ordinance/trust indenture. 5. Any other information necessary for BTMA to make the calculations required for the specified Debt Obligation. The Client is responsible for annually confirming the Authorization Listing and for notifying BTMA of any of the following: > additional or subsequent Debt Obligations that would require arbitrage monitoring services; > redemptions/refundings of Debt Obligations that would affect the reporting period designated in the most recent Authorization Listing. Our engagement will not include verifying that: proceeds were used for purpose expenditures; investments were purchased at market price; no amounts were paid to any party in order to reduce the yield on any investment; the Debt Obligation was appropriately structured or qualified as a tax- exempt offering; or information provided to us is complete and accurate. During the performance of these procedures, it may become necessary for us to consult with your bond counsel and/or obtain information from them concerning interpretations of the above information as affected by applicable sections of the Internal Revenue Code. We will consult with you before any such action is initiated. Subsequent changes in official interpretations of the tax law may require or permit revision of calculations by requiring or permitting a different methodology for the calculation of arbitrage rebate and yield reduction. We will be under no obligation to update our report for any events occurring, or data or information coming to our attention, subsequent to the issuance of our report. Calculation and payment of any arbitrage rebate liability and yield reduction payment due is the responsibility of the Client. As such, management has the primary responsibility for the arbitrage rebate and/or yield reduction payment return which the Client may be required to file. You should review the report and calculations carefully upon receipt. (9 bakertilly Page SA- 11 118 SCOPE APPENDIX to Engagement Letter dated: November 15, 2024 Between the City of Stillwater, Minnesota and Baker Tilly US, LLP D. Continuing Disclosure Services BTMA will commence continuing disclosure services for debt obligations as set forth in any continuing disclosure undertaking for the debt obligations that the Client will execute upon settlement. Annually, BTMA will check in with the Client to confirm the engagement for the next annual reporting period. In carrying out its duties, BTMA shall do the following: 1. Preparation and filing of annual reporting. The Client will provide BTMA with a copy of each executed Continuing Disclosure Undertaking (CDU) including master and supplemental CDUs if any. BTMA will: a) Identify the Client's reporting obligations, compile and prepare, as needed, any necessary operating data, and file any required annual report and financial statements, including the audit as provided for in each CDU for the reporting period; b) Provide to the Municipal Securities Rulemaking Board ("MSRB") through its Electronic Municipal Market Access System ("EMMA"), the annual information required under each respective CDU; and c) Provide additional reporting to purchasers, as set forth in Debt Obligation documents or private agreements: 2. Assistance filing reportable events on EMMA Upon notification of one of the events listed as set forth in each CDU (collectively, Reportable Events), BTMA will assist the Client with filing any Reportable Events. Most Reportable Events are required by the Rule to be filed within ten business days of the occurrence of such event. Client will notify BTMA as soon as possible when they believe a reportable event has or may have occurred to enable BTMA to file a timely notice on EMMA. It is the Client's sole responsibility to notify BTMA of the potential occurrence of a Reportable Event. 3. Five-year Compliance Check At the time any Debt Obligations subject to the Rule are issued, the Client must disclose in its official statement any instances in the past five years it failed to comply, in all material respects, with any previous undertakings for Debt Obligations which were subject to the Rule. BTMA will: a) Compile reporting requirements for any Debt Obligations that were outstanding during the five-year period and assess all financial data, operating data, and reportable event filings made for each applicable debt obligation. If necessary, at the time that BTMA conducts services annually under Item 1, BTMA will update the five-year compliance check. b) If a deficiency is found and the debt obligation(s) remain outstanding at the time of BTMA's compliance check, BTMA will prepare any necessary reporting or notices to meet the CDU obligations. BTMA will provide the Client with documentation that the EMMA filing has been completed. Client agrees to provide BTMA with the audit and accurate information with respect to compiling the annual report in a timely manner and to fully disclose to BTMA any Reportable Events as they occur. 0 bakertilly Page SA- 12 118 SCOPE APPENDIX to Engagement Letter dated: November 15, 2024 Between the City of Stillwater, Minnesota and Baker Tilly US, LLP 4. EMMA Issuer Homepage (Upon request. Hourly rates will apply.) BTMA will assist the Client on the creation of an Issuer Homepage on EMMA where Client and related entity filings may be shown. The Client will have the option to review the Homepage and provide additional information related to the Client. 5. Other post issuance services (Upon Request. Hourly rates will apply.) If requested, BTMA will provide to the Client other post issuance services including, but not limited to, consultation related to disclosure operating procedures, post issuance policies and procedures, and debt management. E. Housing and Economic Development Services 1. Preparation of preliminary tax increment or tax abatement revenues projections for proposed new project. Estimation of future values and tax increments for a targeted area. Forecast the projected tax increment revenues to be generated over the life of the district based on those assumptions. Estimated range of available revenues based on valuations. 2. Assist Client with establishment of tax increment financing (TIF) district including drafting of TIF Plan and required notifications, presentations and attendance at workshops and/or public hearings, etc. 3. Assist Client with the creation of tax abatement, identification of tax abatement properties, drafting of required notice(s) and supporting documentation, presentations and attendance at workshops and/or public hearings, etc. 4. Assist Client with incentive portfolio development and potential for availability of financing tools including review of federal, state, and local tax credits and incentives available. 5. Assist Client with financial needs (But -For) analysis through review of developer information and determination on the reasonableness of assumptions. In certain cases, suggest alternative assumptions and provide sensitivity analysis, as necessary. 6. Assist Client with completion of rate of return calculation including Cash -on -Cash Return and Internal Rate of Return. Assist Client with defining appropriate level of assistance based on developer's rates of return comparing developer rate of return to the "market' return for similar projects, commenting on reasonableness of return considering type of project, current market and developer at risk equity. 7. Assist Client with negotiating public assistance agreements with developers. Provide financial feasibility review to assist Client with assessment of the sufficiency of tax increment/tax abatement and other available revenues to support total project costs based on developer -provided total development costs and project assumptions. As necessary, suggest alternative assumptions and provide sensitivity analysis to assess sufficiency of tax increment or tax abatement revenues to support costs with considerations for timing of financing needs to provide financial support. Prepare cash flow analysis based on sensitivity analysis. 9. Provide background developer reviews to assist Client with learning more about prospective developers by performing in-depth business credit analyses, evaluating market conditions, assessing proposed business plans, and checking credentials and references. 10. Preparation of tax increment financing (TIF) management program to assist Client with analysis of existing TIF districts that includes an overview of current district status, preparation of cash flow analysis, suggestions for ongoing administrative goals, and recommendations for future opportunities or required compliance items. 11. Preparation of annual reports to assist Client with meeting annual compliance requirements and filing submission deadlines. 0 bakerti lly Page SA - 13 118 SCOPE APPENDIX to Engagement Letter dated: November 15, 2024 Between the City of Stillwater, Minnesota and Baker Tilly US, LLP 12. Assist Client with estimation of economic impacts of proposed developments including cost - benefit and/or net benefit analysis. 13. Assist Client with other components of a housing and economic development project as requested and agreed upon. COMPENSATION AND INVOICING A. Compensation for services relating to debt obligations 1. Fees for Services a) General obligation debt: Additional Par Amount Base Fee Purposes Fee Total Par Total Fee Tier 1 - to 2,999,999.99 $ 18,000 $ 5,000 Total Par of all purposes Base Fee + $5, 000 for each addt'l purpose Tier 2 3,000,000.00 to 4,999,999.99 $ 25,000 $ 5,000 Total Par of all purposes Base Fee + $5,000 for each addt'l purpose Tier 3 5,000,000.00 to 9,999,999.99 $ 30,000 $ 7,500 Total Par of all purposes Base Fee + $7,500 for each addt'l purpose Tier 4 10,000,000.00 to 24,999,999.99 $ 45,000 $ 7,500 Total Par of all purposes Base Fee + $7,500 for each addt'l purpose Tier 5 25,000,000.00 to 49,999,999.99 $ 65,000 $ 10,000 Total Par of all purposes Base Fee + $10,000 for each addt'l purpose Tier 6 50,000,000.00 to 74,999,999.99 $ 75,000 $ 10,000 Total Par of all purposes Base Fee + $10,000 for each addt'l purpose Tier 7 75,000,000.00 to 99,999,999.99 $100,000 $ 10,000 Total Par of all purposes Base Fee + $10,000 for each addt'l purpose b) The foregoing schedule shall apply to the total Par amount as indicated in the Preliminary Official Statement or Terms of Offering. c) The foregoing schedule shall include BTMA's services through closing of a Debt Obligation. If BTMA performs post -closing services relative to a Debt Obligation, it shall be compensated for such services at the hourly rates set out in Section B herein. d) Non ad valorem supported debt and advance refundings, shall be compensated at 1.35 times the fee set out in paragraph 1.a. above. e) Debt Obligations dependent on successful referenda, including GO sales tax revenue, shall be compensated at 1.25 times the fee set out in paragraph 1.a. above. f) In the event it is necessary for BTMA to repeat Debt Obligation services because of events beyond BTMA's control, BTMA shall be compensated for such repetitive services at the hourly rates set in paragraph B herein. BTMA shall not be entitled to compensation under this section for failed referenda unless otherwise provided by agreement between the Client and BTMA. g) Fee schedule and billing rates are subject to change periodically due to changing requirements and economic conditions. Baker Tilly will notify Client thirty (30) days in advance of any change to fees. If Client does not dispute such change in fees within that thirty (30) day period, Client will be deemed to have accepted such change. The fees billed will be the fees in place at the time services are provided. Actual fees will be based upon experience of the staff assigned and the complexity of the engagement. h) BTMA's fees shall be payable as follows: (1) Except as specified elsewhere in this section, for a Debt Obligation, fees are due upon closing of the Debt Obligation, except that if the Debt Obligation is awarded but cannot be closed by reason of an error, act or omission of the Client, BTMA shall be paid the amount which it would have been due upon closing. (2) If an issuance is awarded and does not close for a reason that is beyond the control of the Client and without fault of the Client, then BTMA shall be compensated at one-half the amount which would have been due upon closing. 0 bakertilly Page SA- 14 118 SCOPE APPENDIX to Engagement Letter dated: November 15, 2024 Between the City of Stillwater, Minnesota and Baker Tilly US, LLP If a Client Debt Obligation is abandoned for any reason and BTMA is without fault for such abandonment, BTMA shall be paid a fee in the amount that would have been due if BTMA's services to the point of abandonment had been charged at the hourly rate set out in paragraph B herein however not more than the fee had the Debt Obligation been issued. A Debt Obligation shall be deemed abandoned upon notice by the Client to BTMA of abandonment or whenever the Client has taken no action with respect to the Debt Obligation for one year, whichever occurs first. Delay in the issuance of Debt Obligations resulting from failed authorization referenda shall not constitute abandonment unless otherwise provided by agreement between the Client and BTMA. (3) Fees for services provided in connection with a private placement are not contingent on the successful placement of the Debt Obligation. The Client shall be responsible for issuance expenses including, without exclusion of other expenses: (i) posting and distributing the Official Statement, (ii) legal fees, (iii) printing, (iv) delivery and settlement, (v) travel, (vi) rating fees, (vii) out-of-pocket Debt Obligation related expenses, and (viii) governmental and governmental agency fees and charges. 2. Compensation and invoicing for arbitrage services Fees for services set forth in the Scope Appendix will be applied as follows per determination for each Debt Obligation: a) Initial determination for a Debt Obligation: $2,500 for the first year, plus $500 for each additional year up to a five-year period when such determinations are made for periods in excess of one year. b) Subsequent determination for a Debt Obligation: $1,750 for one year, plus $500 for each additional year when such determinations are made for periods in excess of one year. c) Preparation of Form 8038-T: $500 d) If BTMA is required to perform allocations of investments among funds and/or Debt Obligations, additional compensation will be charged at the standard hourly rates in place at the time services are provided. 3. Hourly rates for housing/economic development and other pre -debt or non -debt issuance related services Standard Hourly Rates by Job Classification 2024 Principal $330 Director $300 Manager $260 Consultant $200 Support, municipal bond disclosure specialist $150 Intern $110 Billing rates are subject to change periodically due to changing requirements and economic conditions. Baker Tilly will notify Client thirty (30) days in advance of any change to fees. If Client does not dispute such change in fees within that thirty (30) day period, Client will be deemed to have accepted such change. The fees billed will be the fees in place at the time services are provided. Actual fees will be based upon experience of the staff assigned and the complexity of the engagement. (9 bakertilly Page SA- 15 118 SCOPE APPENDIX to Engagement Letter dated: November 15, 2024 Between the City of Stillwater, Minnesota and Baker Tilly US, LLP The above hourly fees shall include all expenses incurred by BTMA with the exception of expenses incurred for mileage which will be billed on a separate line item. No such expenses will be incurred without the prior authorization of the Client. Hourly projects that are active as of the date of this contract, will transition to the new hourly rates herein on June 1, 2023. 4. Compensation for continuing disclosure services Fees for continuing disclosure services include the following: a) Full Disclosure - An annual report is required to be prepared by BTMA: (1) A fee of $1,300.00 will be applied to each separate type of debt report required (i.e., general obligation, revenue, etc.); plus (2) A fee of $200.00 per debt obligation. b) Full Disclosure — The Client's audited financial statements contain some or all of the required financial and operating data: (1) A fee of $600.00; plus (2) A fee of $200.00 per debt obligation. c) Full Disclosure —A Final Official Statement previously filed on EMMA can be referenced as containing all the required financial and operating data: (1) A fee of $200.00 per debt obligation. d) Limited Disclosure (1) A fee of $600.00; plus (2) A fee of $200.00 per debt obligation. In addition to the above, Client shall be responsible for any county auditor certificate fees incurred for the preparation of an annual report. 5. Expenses and Hourly Fees Amounts due BTMA for expenses and services charged at hourly rates shall not be contingent. BILLING PROCEDURES Normally, you will receive a monthly statement showing fees and costs incurred in the prior month. Occasionally, we may bill on a less frequent basis if the time involved in the prior month was minimal or if arrangements are made for the payment of fees from bond proceeds. The account balance is due and payable on receipt of the statement. Nonattest Services As part of this engagement, we will perform certain nonattest services. For purposes of the Engagement Letter and this Scope Appendix, nonattest services include services that the Government Auditing Standards refers to as nonaudit services. We will not perform any management functions or make management decisions on your behalf with respect to any nonattest services we provide. In connection with our performance of any nonattest services, you agree that you will: > Continue to make all management decisions and perform all management functions, including approving all journal entries and general ledger classifications when they are submitted to you. > Designate an employee with suitable skill, knowledge, and/or experience, preferably within senior management, to oversee the services we perform. 0 bakertilly Page SA- 16 118 SCOPE APPENDIX to Engagement Letter dated: November 15, 2024 Between the City of Stillwater, Minnesota and Baker Tilly US, LLP > Evaluate the adequacy and results of the nonattest services we perform. > Accept responsibility for the results of our nonattest services. > Establish and maintain internal controls, including monitoring ongoing activities related to the nonattest function. Conflicts of Interest Attachment A to the Engagement Letter contains important disclosure information that is applicable to this Scope Appendix. We are unaware of any additional conflicts of interest related to this Scope Appendix that exist at this time. Termination Notwithstanding termination provisions contained in the Engagement Letter, this Scope Appendix is intended to be ongoing and applicable individually to specific services including financings, arbitrage computations, and/or continuing disclosure engagement, (Sub -engagements) as if they are the sole subject of the Scope Appendix. As such, termination may occur for a specific Sub -engagement without terminating the Scope Appendix itself. On termination of a Sub -engagement or the Scope Appendix, all fees and charges incurred prior to termination shall be paid promptly. Unless otherwise agreed to by the Client and Baker Tilly, the scope of services provided in a Sub -engagement performed under this Scope Appendix will terminate 60 days after completion of the services for such Sub -engagement. If this Scope Appendix is acceptable, please sign below and return one copy to us for our files. We look forward to working with you on this important project. Sincerely, 6��) -, Elizabeth Bergman, Principal Signature Section: The terms as set forth in this Engagement Letter are agreed to on behalf of the Client by: Name: Title: Date: 0 bakertilly Page SA- 17 118 SCOPE APPENDIX to Engagement Letter dated: November 15, 2024 Between the City of Stillwater, Minnesota and Baker Tilly US, LLP Exhibit A Arbitrage Monitoring Services Authorization to Engage Services (Authorization Listing) This Authorization Listing is pursuant to the Arbitrage Monitoring Services Scope Appendix (Scope Appendix) dated February 22, 2024 by and between the City of Stillwater, Minnesota (Client) and Baker Tilly Municipal Advisors (BTMA). BTMA will provide the services outlined in the Scope Appendix with respect to the following Debt Obligation(s) unless written notification is provided to BTMA that the Client will not require these services within 30 days of receipt of this Authorization Listing: Bond Issue Closing Date Frequency $6,505,000 General Obligation Capital Outlay Bonds, Series 2016A 4/14/2016 5th Year $2,450,000 General Obligation Tax Increment Refunding Bonds, Series 2016B 4/14/2016 5th Year $6,585,000 Tax Increment Revenue Refunding Bonds Series 2016C 7/28/2016 5th Year $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A 6/29/2017 5th Year $5,935,000 General Obligation Capital Outlay Bonds, Series 2018A 9/20/2018 5th Year $2,770,000 General Obligation Capital Outlay Bonds, Series 2019A 9/19/2019 5th Year $2,455,000 General Obligation Bonds, Series 2021A 10/21/2021 5th Year $3,965,000 General Obligation Capital Outlay Bonds, Series 2022A 6/16/2022 5th Year General Obligation Capital Outlay Bonds, Series 2023A 11/2/2023 5th Year 0 bakertilly Page SA- 18 118 2024 2026 1 2027 1 2028 1 2029 1 Final Maturity* Bond Issue Closing Date Frequency Comp Date Fees Comp Date Comp Date Comp Date Comp Date $6,505,000 General Obligation Capital Outlay Bonds, Series 2016A 4/14/2016 5th Year 4/14/2021 $ 4,500.00 4/14/2021 $ 4,500.00 7/28/2021 $ 4,500.00 6/29/2022 $ 4,500.00 9/20/2023 $ 4,500.00 9/19/2024 $ 4,500.00 4/14/2026 2/1/2031* 4/14/2026 2/1/2030* 7/28/2026 2/1/2030* 6/29/2027 2/1/2032* 9/20/2028 2/1/2039* 2/01/2029* $2,450,000 General Obligation Tax Increment Refunding Bonds, Series 2016B 4/14/2016 5th Year $6,585,000 Tax Increment Revenue Refunding Bonds Series 2016C 7/28/2016 5th Year $3,405,000 General Obligation Capital Outlay Bonds, Series 2017A 6/29/2017 5th Year $5,935,000 General Obligation Capital Outlay Bonds, Series 2018A 9/20/2018 5th Year $2,770,000 General Obligation Capital Outlay Bonds, Series 2019A 9/19/2019 5th Year 455,000 General Obligation Bonds, Series 2021A 10/21/2021 5th Year 10/21/2026 965,000 General Obligation Capital Outlay Bonds, Series 2022A 6/16/2022 5th Year 6/16/2027 neral Obligation Capital Outlay Bonds, Series 2023A 11/2/2023 5th Year 11/2/2028 $ 27,000.00 2/1 2/1 2/1 water. THE BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Assistant City Administrator Employment Agreement DISCUSSION: Staff is recommending Shawn Sanders be considered for promotion to Assistant City Administrator with the City of Stillwater. Some of the primary duties of this position will include oversight, financing, forecasting, and implementation of the city's capital improvement plan. In addition, this position will help with general administrative affairs including labor negotiations. Staff is recommending adopting the attached employment agreement for Shawn Sanders new role as Assistant City Administrator. RECOMMENDED ACTION: Motion to approve the attached employment agreement. EMPLOYMENT AGREEMENT BETWEEN CITY OF STILLWATER AND SHAWN SANDERS THIS AGREEMENT is made this 19th day of November, 2024, by and between the City of Stillwater, Minnesota, a Minnesota municipal corporation (the "City"), and Shawn Sanders (the "Assistant City Administrator"). BACKGROUND FACTS A. The City wishes to employ the services of Shawn Sanders as Assistant City Administrator of the City of Stillwater, Minnesota. B. The City and Mr. Sanders desire to provide for certain procedures, benefits and requirements regarding the employment of Mr. Sanders by the City. C. Mr. Sanders wishes to accept employment as Assistant City Administrator of Stillwater, under the terms and conditions of this agreement. TERMS OF AGREEMENT In consideration of the facts mentioned above and the mutual promises set out below, the parties agree as follows: 1. POSITION. City agrees to employ Sanders as its Assistant City Administrator of the City of Stillwater. Sanders agrees to serve as Assistant City Administrator in accordance with Minnesota Statutes, the City Charter, City ordinances, and the Code of Ethics of the International and Minnesota City/County Management Associations, and to perform such other legally permissible and proper duties and functions as the City Administrator shall from time -to -time assign. 2. COMPENSATION. The Assistant City Administrator shall receive an annual salary of $ 172,391 per year commencing November 19, 2024 ("Start Date"). Such salary shall be paid according to the City's normal payroll calendar, which usually includes installments over 26 pay periods during a calendar year. Additional future salary adjustments such as a general wage adjustment will be granted at the same time as for other management employees according to and subject to Council approval. 3. MINNESOTA PUBLIC EMPLOYEES RETIREMENT SYSTEM PENSION PLAN. The City shall contribute the amounts required by State law. 4. HOLIDAYS. The City shall provide the City Administrator the same holidays as enjoyed by other non -represented employees. 5. GENERAL INSURANCE. The City Assistant Administrator shall be provided insurance coverage at the same rate as other non -represented City employees. 6. VACATION AND SICK LEAVE. The Assistant City Administrator will start employment with the status of a 20-year employee plus 40 hours for the purposes of calculating vacation. The Assistant City Administrator will start employment with the status of a 25-year employee for the purposes of calculating sick time, consistent with the Employment Policy Manual. Upon retirement due to age or physical disability and eligibility to receive PERA retirement benefits, shall receive one-half of unused disability benefits(sick). 7. DUES AND SUBSCRIPTIONS. The City shall budget and pay the professional dues and subscriptions for the Assistant City Administrator which are deemed reasonable and necessary for the Assistant City Administrator's continued participation in national, regional, state and local associations necessary and desirable for the Assistant City Administrator's continued professional participation, growth and advancement. 8. PROFESSIONAL DEVELOPMENT. The City shall budget and pay up to the amount budgeted, necessary and reasonable, for registration, travel and subsistence expenses of the Assistant City Administrator for professional and official travel, meetings and occasions adequate to Assistant City Administrator's professional development. The Assistant City Administrator shall use good judgment in his outside activities so that he will not neglect his primary duties to the City. Professional development events include the International City/County Management Association (ICMA) conferences, Minnesota City/County Management (MCMA) conferences, and the League of Minnesota Cities events. All activities included in this section shall be budgeted for and are subject to Council approval. 9. CIVIC CLUB MEMBERSHIP. City recognizes the desirability of representation in and before local civic and other organizations. The Assistant City Administrator is authorized to become a member of one local civic club or organization as deemed appropriate by the City Administrator and the City and at the City's expense. 10. AUTOMOBILE. The Assistant City Administrator shall receive $250 per month for a car allowance. The Assistant City Administrator understands and agrees that he will not receive mileage reimbursement and the $250/month car allowance is provided by the City to the City Administrator in lieu of any mileage reimbursement that may otherwise be available to him under the City's policies. 11. GENERAL EXPENSES. The City shall reimburse the Assistant City Administrator for reasonable miscellaneous job -related expenses with appropriate documentation that are consistent with the City's policies and practices. 12. HOURS OF WORK. It is understood that the position of Assistant City Administrator requires attendance at evening meetings and occasionally at weekend meetings. It is understood by the Assistant City Administrator that this is an exempt position under the Federal Fair Labor Standards Act and that additional compensation and compensatory time shall not be allowed for such additional expenditures of time. 13. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, the Assistant City Administrator shall abide by all statutes, ordinances, rules and regulations, including all non-discrimination laws, pertaining to the provisions of services to be provided. Any violation shall constitute a material breach of this Agreement and entitle the City to immediately terminate this Agreement notwithstanding other termination provisions contained herein. To the extent not inconsistent with or in conflict with the provisions of this Agreement, all obligations and responsibilities relating to the Personnel Policies and regulations as they apply to other non -represented employees and as they now exist or hereafter may be amended, also shall apply to the Assistant City Administrator; and the Assistant City Administrator shall comply with such regulations and policies. In those situations in which the City grants different rules and regulations to different groups of employees, the Assistant City Administrator shall be treated in the same manner as City department heads. To the extent the governing provisions relating to such policies and regulations require the consent, waiver or approval of the Assistant City Administrator as such policies and regulations relate to other employees, the Assistant City Administrator must obtain the consent, waiver or approval of the City Council as such policies and regulations apply to him. 14.INDEMNIFICATION. The City shall defend and indemnify the Assistant City Administrator pursuant to Minnesota Statutes Sections 466.07 and 465.76. In the event the City compromises and settle any such claims or suit the City will pay the amount of any settlement of judgment thereon. 15. BONDING. The City shall bear the full cost of any fidelity or other bonds required of the City Administrator under law or ordinance. 16.OUTSIDE ACTIVITES. The employment provided for by this Agreement shall be the Assistant City Administrator's sole employment. 17. COMPLETE AGREEMENT. The Agreement constitutes the entire agreement between the parties and supersedes any oral or written agreements between the parties. The parties may mutually agree to amend this Agreement at any time in writing signed by both parties. 18. GOVERNING LAW. This Agreement shall be interpreted in accordance with the laws of the State of Minnesota. 19. TERM. The Assistant City Administrator shall be employed by the City for an indefinite period commencing November 191h, 2024, and that at any time the City may, by a vote of the City Council, with or without just cause, terminate this Agreement and the Assistant City Administrator's services. 20. TERMINATION BENEFITS. Termination for "just cause" shall be without termination benefits and shall be effective upon the Assistant City Administrator's receipt of notice of his termination. Termination of this contract and the Assistant City Administrator's employment by the City shall follow any applicable Charter requirements, which currently include furnishing the Assistant City Administrator with a copy of the reasons for the termination, providing a reasonable opportunity to be heard in person or by counsel in his own defense, and adoption of a resolution by a majority of Council members. In the event that the Assistant City Administrator is terminated by the City without just cause, he will receive at the time of receipt of his last paycheck termination benefits. The termination benefits include a lump sum cash payment equal to 3 months aggregate salary and the City shall continue to provide the employer contribution for the benefits set forth in Section 5 for a period of 3 months following termination. In the event the Assistant City Administrator is terminated for just cause because of his/her own misconduct, the City shall have no obligation to pay the termination benefits outlined above. Just cause for termination includes any violation of Section 14 of this Agreement. If City at any time during the employment term reduces the salary or other financial benefits of the Assistant City Administrator in a greater percentage than across-the-board reduction for all non -union employees, or if City refuses, following written notice, to comply with any other provisions of this Agreement benefiting the City Administrator or the Administrator resigns following a formal suggestion by the City that he/she resign, then the Assistant City Administrator may, at his option, be deemed to be "terminated" on the effective date of Assistant City Administrator's resignation and the Assistant City Administrator shall also be entitled to receive the termination benefits set forth above. If the Assistant City Administrator decides to terminate his employment, he must provide the City a minimum of 30 days' notice of his intent to terminate. If the Assistant City Administrator voluntarily resigns his position with City, there shall be no Termination Benefits due to him and he shall no longer accrue vacation leave and sick leave as of the date of notice of resignation. 21.SEVERABILITY. The parties covenant and agree that the provisions herein are reasonable and not known to be in violation of any federal, state or local law or regulation. In the event that a court of competent jurisdiction finds any provision contained herein to be illegal or unenforceable, such court may modify that provision to make it valid and enforceable. The declaration of a provision as unenforceable shall not invalidate any other provision of this Agreement THIS AGREEMENT is now being executed by the parties as of the date stated at the beginning of this Agreement. CITY OF STILLWATER m A La Ted Kozlowski, Mayor l Beth Wolf, City Cl r Shawn Sanders Im i water THE BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Vanessa Norby, Assistant Finance Director SUBJECT: 2024 Deferred Assessment Request BACKGROUND On October 15, 2024 the City Council approved assessments for the 2024 Street Project. We had one resident apply to have their assessment deferred; 1017 Abbott St. W. with the amount of $12,000. To qualify for deferral of the assessments, applicants must be either 65 years of age or older, OR retired by virtue of a permanent or total disability OR a member of the MN National Guard or other military reserves who is into active service AND is the owner of the property, AND the property is classified as Homestead status AND that the first year's installment of the special assessment, either alone or in aggregate with installments of other special assessments due total more than 1% of the applicants Adjusted Gross Income (AGI). Staff has reviewed the applications and verified the applicant meet the requirements to defer their assessment. RECOMMENDATION It is recommended that the Council approve deferral of assessment for 1017 Abbott St. W. ACTION REQUESTED If the Council agrees with the recommendation, they should pass a motion to approve Resolution 2024- ADOPTING DEFERRED ASSESSMENT FOR 2024 STREET IMPROVEMENT PROJECT (PROJECT 2024, LI 441.3). City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX ADOPTING DEFERRED ASSESSMENT FOR 2024 STREET IMPROVEMENT PROJECT (PROJECT 2024, LI 441.3) WHERAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment 2024 Street Improvement Project for the following property. GEOCODE ADDRESS 33.030.20.22.0046 1017 Abbott St. W DEFERRED CHARGE $12,000.00 NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota that 1. Such proposed assessment is hereby accepted and shall constitute the deferred assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. The deferred street assessment would be collected with interest at the annual rate of 4.26% until the sale, transfer or subdivided, or in any way conveyed to another by the fee owner qualified for deferred status, death, loss of homestead status, or Council determines no hardship of the property. 3. The deferred assessment for this property shall be filed with the office of County recorder. Adopted by the Stillwater City Council this 19t" day of November, 2024 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Andrew Coyne, Natural Resources Technician SUBJECT: MN DNR 2024-06 Emerald Ash Borer Tree Removal — Round 2 BACKGROUND After a successful first round of ash tree removal and replacement planting, there is a significant amount of DNR grant funding remaining ($163,652) for public ash tree removal and replacement. The city received bids to remove an additional 181 infested ash trees in city parks, rights -of -way and boulevards. The City received three bids for the project. Hugo Tree Care gave the lowest bid at $110,931.50. The project is funded by the Minnesota DNR's 2024 Shade Tree Bonding Grant Program, with a total of $389,000 in grant funds awarded to the city of Stillwater. Following tree removals, another round of replacement trees will be planted in 2025. In total, the grant will have funded the removal and replacement of over 460 public trees. RECOMMENDATION Staff recommends approving the contract with Hugo Tree Care for the 2024-06 Emerald Ash Borer Removal Project — Round 2. ACTION REQUESTED If Council concurs with staff recommendation, they should pass a motion approving the Professional Services Contract for the 2024-06 Emerald Ash Borer Removal Project — Round 2. ��Illwater The Birthplace of Minnesota AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this 19th day of Novemberr, 2024, by and between the City of Stillwater, 216 4th Street North, Stillwater, Minnesota 55082, ("City") and Hugo's Tree Care Inc., 14728 Irish Ave N, Hugo, MN 55038 ("Consultant"). WHEREAS, the City has accepted the proposal of the Consultant for certain professional Services; and WHEREAS, Services under this agreement, are generally described as: 2024-13 Emerald Ash Borer Tree Removal Project WHEREAS, Consultant desires to perform the Services for the City under the terms and conditions set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: 1. SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated 10/28//24, incorporated herein as Exhibit A; b. Consultant 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. 2. PAYMENT. a. City agrees to pay and Consultant 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 Consultant 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. Consultant 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. 3. TERM. This Agreement expires on 11/19/2025. This Agreement may be extended only 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. 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 Consultant, Consultant shall be paid for Services rendered and reimbursable expenses until 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. 5. SUBCONTRACTORS. Consultant 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 Consultant shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. 6. STANDARD OF CARE. In performing its Services, Consultant 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. No warranty, express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant 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 Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8. CITY'S REPRESENTATIVE. The City has designated Andrew Coyne, to act as the City's representative with respect to the Services 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 Consultant has designated Ben Halverson, 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. Consultant may not remove or replace the designated staff without the approval of the City. 10. INDEMNIFICATION. a. Consultant 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 Consultant and City, they shall be borne by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 11. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. 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. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant 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 General Liability Insurance policy and the Professional Liability Insurance policy. 12. OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 4th Street North Stillwater, MN 55082 Attention: Andrew Coyne Or e-mailed: acoyne@stillwatermn.gov If to Consultant: Hugo's Tree Care, Inc. 14728 Irish Ave N Hugo, MN 55038 Attention: Ben Halverson Or e-mailed: hugotreecare@gmail.com 14. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant 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 Consultant 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. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Minnesota and any disputes regarding this Agreement must be brought by civil action and must be venued in Washington County District Court. d. 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. e. 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. f. 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. If this Agreement conflicts with terms and conditions stated in the Proposal, this Agreement shall govern. CITY OF STILLWATER M M Ted Kozlowski, Mayor Beth Wolf, City Clerk Date: N HUGO'S �EE CARE, INC. R Its: President Date: 11 /15/2024 Project Description: 2024-06 Emerald Ash Borer Tree Removal Project Hugo's Tree Care Inc. 14728Irish Ave N Hugo, Mn 55038 Proposal For City of Stillwater Forestry 216 4th St N mobile: 651-430-8836 Stillwater, MN 55082 acoyne@cistillwatermn.us City of Stillwater Forestry 1) Hourly: Remove Tree Cut tree to ground/hour 181 EAB Killed Ash trees marked with WHite X 2) unit:Stump Grind stump 4-6 inches belowgrade/inch All work will be completed in accordance with these plans unless subsequent changes are agreed upon in wri trig. Balances not paid by the due da to are subject to collections. Signature x Please sign here to accept the terms and conditions Date: Proposal #19156 Created:10/28/2024 From: Ben Halverson Location Terms Due on receipt 181 $ 475.00 $ 85,975.00 SUBTOTAL SALES TAX $ 9.25 $ 24,956.50 $110,931.50 $ 0.00 Hugo'sTree Care Inc. I HugoTree.com 1 651-429-4705 1 Page 1of 1 �; hugotreecare@gmail.com l water. THE BIRTHPLACE OF MINNESOTA DATE: November 1911, 2024 TO: Honorable Mayor and City Councilmembers FROM: Brian Mueller, Chief of Police SUBJECT: Agreement for Emergency Siren Maintenance BACKGROUND The City of Stillwater has worked with Frontline Warning Systems to provide maintenance to the eight emergency notification sirens in our city. We currently only utilize them when we find a siren is faulty. This agreement would provide annual inspection and preventive maintenance for the sirens. The contract would be effective through December 31st, 2025. RECOMMENDATION Staff recommends approval of the agreement ACTION REQUESTED If Council concurs with recommendation, they should pass a motion approving the agreement with Frontline Warning Systems. AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT ("Agreement") is made and executed this day of bU40- , 2024, by a d between the City of Stillwater, 216 North Fourth Street, Stillwater, Minnesota 55082, ("Cit ") and Frontline Plus Fire & Rescue, d/b/a Frontline Warning Systems, 8004 Aetna Avenue NE, Monticello, Minnesota 55362 ("Consultant'). WHEREAS, the City has accepted the proposal of the Consultant for certain professional services: and WHEREAS, Consultant desires to perform the services for the City under the terms and conditions set forth in this Agreement. THEREFORE, in consideration of the mutual consideration contained herein. it is hereby as follows: SERVICES. a. City agrees to engage Consultant as an independent contractor for the purpose of performing certain professional Services ("Services"), as defined in the following documents: i. A proposal dated October 7, 2024, incorporated herein as Exhibit A. ii. Where the terms and conditions of this Agreement and those terms and conditions included in Exhibit A specifically conflict, the terms of this Agreement shall apply. b. Consultant covenants and agrees to provide the Services to the satisfaction of the City in a timely fashion, as set forth in Exhibit A, subject to Section 7 of this Agreement. c. Consultant 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 Consultant 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 Consultant 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. 1K- 2.� PAYMENT. a. City agrees to pay and Consultant agrees to receive and accept payment for Services as set forth in Exhibit A. with the exception of the Battery Replacement charge of $1,425.00 identified in the Project Estimate in Exhibit A, which Consultant has waived and the City is not obligated to pay as part of this Agreement. The City will be responsible for the payment of any future Battery Replacement charges billed by Consultant as part of the Services provided under this Agreement. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Consultant 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. Consultant shall submit itemized bills for Services provided to City as set forth in Exhibit A. Bills submitted shall be paid in the same manner as other claims made to City. 3. TERM. The term of this Agreement shall commence on the date listed in the initial paragraph of this Agreement and terminate on December 31, 2025. This Agreement may be extended upon the written mutual consent of the parties for such additional periods as they deem appropriate, and upon the same terms and conditions as herein stated. 4; TERMINATION. a. Termination by Either Party. This Agreement may be terminated by either party upon thirty (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 Consultant, Consultant shall be paid for Services rendered and reimbursable expenses incurred until the effective date of termination. b. Termination Due to Default. This Agreement maybe 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. SUBCONTRACTORS. Consultant 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 Exhibit A. The Consultant shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Consultant's receipt of payment by the City for undisputed services provided by the subcontractor. STANDARD OF CARE. In performing its Services, Consultant 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. No warranty. express or implied, is made or intended by Consultant's undertaking herein or its performance of Services. 7. DELAY IN PERFORMANCE. Neither City nor Consultant 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 Consultant 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. Consultant will be entitled to payment for its reasonable additional charges, if any, due to the delay. 8, CITY'S REPRESENTATIVE. The City has designated Nathan Meredith to act as the City's representative with respect to the Services to be performed under this Agreement. He 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 Consultant has designated a primary contact for the City in the performance of the Services identified in Exhibit A. They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Consultant may not remove or replace the designated staff without the approval of the City. 110. INDEMNIFICATION. a. Consultant and City each agree to 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 Consultant and City, they shall be bome by each party in proportion to its own negligence. b. Consultant shall indemnify City against legal liability for damages arising out of claims by Consultant's employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 1. INSURANCE. During the performance of the Services under this Agreement, Consultant shall maintain the following insurance: a. General Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. b. Professional Liability Insurance, with a limit of $2,000,000 for any number of claims arising out of a single occurrence. c. Workers' Compensation Insurance in accordance with statutory requirements. d. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident. Consultant 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 General Liability Insurance policy. 12.OWNERSHIP OF DOCUMENTS. Professional documents, drawings, and specifications prepared by the Consultant as part of the Services shall become the property of the City when Consultant has been compensated for all Services rendered, provided, however, that Consultant shall have the unrestricted right to their use. Consultant shall retain its rights in its standard drawing details, specifications, databases, computer software, and other proprietary property. Rights to proprietary intellectual property developed, utilized, or modified in the performance of the Services shall remain the property of the Consultant. 13. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Stillwater 216 North Fourth Street Stillwater, MN 55082 Attention: City Administrator Or emailed: jkohlmann@stillwatermn.gov If to Consultant: Frontline Warning Systems 8004 Aetna Avenue NE Monticello, MN 55362 Or emailed: frontlineplus@tds.net 4. INDEPENDENT CONTRACTOR STATUS. All services provided by Consultant, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Consultant or as independent contractors of Consultant and not as employees of the City for any purpose. 0 11. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written agreement of the parties. b. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both parties. c. Waiver. A waiver by either City or Consultant of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or further breach. 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. I e. 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. f. 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. g. 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. [The remainder of this page is intentionally left blank] 5 e CITY OF STILLWATER By: Ted Kozlowski, Mayor By: Beth Wolf, City Clerk Date: WARNING SYSTEMS ("CONSULTANT") sy: A///*- V � Its: ��- Date EXHIBIT A JV,rTj7.^f TL /NE W.o.tip'IV INC S YSTFMS 8004 Aetna Ave NE Monticello, MN 55362 1-800-879-3177 763-295-3650 (fax) frontlineplus(a: tds.net www.fi-ontlineii'arningsN,stems.com Annual Service Proposal and Contract for Mechanical Outdoor Warning Sirens. Effecthe October 1, 2024 Frontline Warning Systems, Inc. of Monticello, Minnesota hereby proposes the following contract for users of Outdoor Warning Systems and ,Hass Warning Products. To ensure quality operation and longevity of various Warning Products, it is necessary to perform inspection and maintenance of siren systems. This includes maintenance of the batteries, cabinet assembly, electronics, chopper, rotator and other components of the siren system. As a factory authorized Whelen® Premier Level service outlet, Frontline Warning Systems proposes to perform this work prior to Severe Weather season whenever possible to ensure reliable operation. Frontline will perform maintenance duties twice during the contract cycle under this agreement to the owner and/or operator of each individual siren. This contract will carry an annual fee for each Siren. The included official quotation will be the total price, including batteries and/or other parts. One Spring Service (pre -season) and one Fall Service (post -season) will be completed unless additional non -warrantable items are necessary. The specific dates that maintenance is to be completed upon will ultimately be under the authority and convenience of Frontline, but will be within appropriate seasons, including prior to severe weather season whenever possible. Frontline will coordinate these dates w ith each user. If specific service dates are desired, please coordinate these with Frontline as early as possible. In addition, Frontline will gather, record, and store records of maintenance for each individual siren site that carries a service contract. These records will be made exclusively available to the owner/operator of each site. These records will not be shared unless requested and will only be shared with personnel authorized by the siren's owner/operator. This will be a complete maintenance contract only. Frontline Warning Systems will perform maintenance duties as outlined in the device's operation and installation manuals by the factory. Replacement batteries, repair of individual components, component replacement, upgrades or other expenses are not included in this contract. This contract, under no conditions, will cover damages incurred by acts of God, vandalism, misuse, abuse. or improper operation. Charges for a bucket truck (including mobilization/travel charges) are not included unless specifically allowed for under payment terms. If non -critical components fail, Frontline will notify the end user. A separate purchase order may be issued for those repairs. Components (such as batteries or other critical components) that have failed and have taken the siren completely off-line at the time of inspection will be replaced immediately at market price unless otherwise dictated at the time of contract acceptance. L nder this contract, Frontline Warning Systems will be available for a 48 hour response time on system failures. if a siren that is under contract fails, a representative from Frontline will be on -site within 48 hours to inspect, repair, or service accordingly. Also while under contract, there will be no trip charge issued for this response. This does not apply to failures as a result of non -replacement of items suggested during pre -season inspection. The purchaser of this contract will be billed for the annual contract prior to November 1, 2024. The amount billed will be affected upon the total number of sirens requested for maintenance and the associated parts/batteries due for replacement. With an authorized signature on this form, the contract will begin from date of acceptance or September 30, 2024 (whichever is earlier) and will end December 31 th, 2025. The purchaser will be billed before the first maintenance service is performed. If Frontline Warning Systems fails to perform maintenance service or becomes unable to perform duties, the pro -rated amount will be refunded to the purchaser. A copy of this document with an invoice will be provided to the purchaser of this contract. This contract will be re -invoiced prior to JanuarN 111, 2025 when the customer can choose to renew or cancel the contract. Authorized signature Position or tie a, Fro dine Plus authorized signature Date Siren/s Location (city) I �w4"1- Da to Frendlne Warning Systems Frontline Plus Fire & Rescue DBA/Frontline Warning Systems 8004 Aetna Avenue NF Monticello, MN 55362 Phone: 763-295-3650 Far a 763-295-36M f ron t l i ne pl u said s. net www frontlinewamingsystems.com \et In Days 1 10111/2024 This estimate is to provide inspection, maintenance and battery replacement, in the City of Stillwater for the Outdowtt Warning Sirens SIREN SER ' Co... Annual inspection and preventative maintenance contract per manufacturers guidelines. Includes but not limited to, battery load test, contactor and relay testing and cleaning, Radio RF path verification, rotor and chopper inspection via buckcn truck including belt tension measure, greasing of drive shafts and full inspection. Also includes grounding inspection and full diagnostic report. See attached service contract. flattery Repiaccment Replace 4 batteries in a 48%' mechanical siren with Optima Blue'Top AGM batteries. Includes cleanup of old baneries, terminal gel, any new cable/terminals and cabinet clean up (it/when necessary). Any batteries older than 6 years will be replaced. Materials Ann additional labor for significant repairs or damage, materials and/or parts will be invoiced separately on an as -minded basis. Proposed start date: Od 14, 2024 Proposed end date: Dec 31, 3025 i i[11;F('VIY 60DA Page ' Subtotal Project Estimate AG I 6(K) (in 1 a,s(xl.(x) 1 01 I.425.00 1 0.00T U 1 i iHi 1 01101 Sales Tax (0.0%) Total Frendlas Narahg Systems frontline Plus fire & Rescue DBA/frontline Warning Systems 8004 Aetna Avenue NE Monticello, MN 55362 Phone r 763.293-3650 fax t 763-295 :i650 City of Stillwater, MN Cl:) drad Dunker Stillwater Police Department 216 4{h St N Stillwiater MN 55W2 frontlinepl usotds. net www. mmlinewamingsymemscom Page 2 Project Estimate i water THE BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and Councilmembers FROM: Jenna Schmid, Deputy City Clerk SUBJECT: Issuance of Hotel License(s) BACKGROUND Applications for a 2025 Hotel License have been received from the following businesses: BUSINESS LOCATION St.Croix Boat & Packet, dba The Lowell Inn 102 2nd St. N Aurora Staples B&B 303 4t" St. N Hotel 232 LLC, dba Hotel Crosby 232 Main St. N Sar'u Stillwater LLC, dba Asteria Inn & Suites 2190 Frontage Rd. W DBD Partners Inc., dba Water Street Inn 101 Water St. S DS Hospitality LLC, dba Stillwater Inn & Suites 1750 Frontage Rd. W DDC Holdings LP, dba Rivertown Inn 306 Olive St. W 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 Hotel licenses contingent upon the satisfactory completion of application submittal requirements. S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jenna Schmid, Deputy City Clerk SUBJECT: Liquor and Tobacco License Renewals for 2025 Renewal applications for liquor and tobacco licenses have been received from the businesses listed on the attached resolution. Final application materials are being collected and background checks are being conducted. Once approved, applications will be sent to Minnesota Alcohol Gambling Enforcement Division (AGED) for final liquor license approval and to Minnesota Department of Revenue for tobacco sales. AGED approvals for liquor licenses are required before staff can issue the license to the establishment. RECOMMENDATION Staff recommends approval of the liquor and tobacco licenses contingent upon receiving completed application materials and satisfactory investigation. ACTION REQUIRED If Council concurs with staff recommendation, they should pass a resolution approving the renewals of liquor licenses and tobacco license for 2025. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx APPROVING RENEWALS OF LIQUOR LICENSES AND TOBACCO LICENSES FOR 2025 WHEREAS, application for liquor and tobacco license renewals have been received by the businesses listed below; and WHEREAS, approval is contingent upon receipt of all required documentation, completion of background investigations, and the fulfillment of all requirements for eligibility to hold a liquor and/or tobacco license according to the City of Stillwater, State of Minnesota Alcohol & Gambling Enforcement Division and Washington County Public Health and Environment. NOW THEREFORE, BE IT RESOLVED that the City Council of Stillwater, Minnesota, hereby approves the renewals of the businesses listed below with their respective licenses, as contingent above: DBA (Doing Business As) Licensee Name License Type(s) 3rd Street Post 3rd Street Post LLC On Sale; Sunday Acapulco Mexican Food Acapulco of Stillwater Inc On Sale; Sunday BP Gas Inc. BP Gas Inc. Tobacco Brian's Two Brians, LLC On Sale; Sunday Brick and Bourbon Brick and Bourbon Stillwater, LLC On Sale; Sunday Cub Wine & Spirits SuperValu Inc Off Sale; Tobacco Domacin Wine Bar Domacin LLC On Sale; Sunday; Off Sale Forge and Foundry Distillery Forge and Foundry Distillery Co. On Sale; Sunday; Off Sale Freight House Freight House LLC On Sale; Sunday Harbor Bar EKS Inc. On Sale; Sunday; Tobacco Haskells Haskells Inc. Off Sale; Tobacco Howard's Bar Howard's Bar Inc On Sale; Sunday JX Event Venue JX Event Services LLC On Sale; Sunday Kwik Trip #415 Kwik Trip, Inc. Tobacco Lora Event Center Elevage Hotel Group II LLC On Sale; Sunday Lora/Feller/The Long Goodbye/MADE Elevage Hotel Group LLC & Elevage Management Group LLC On Sale; Sunday; Off Sale Lowell Inn St. Croix Boat and Packet Co. On Sale; Sunday Mad Capper Mad Capper Saloon and Eatery Inc. On Sale; Sunday Match Stick Restaurant 232, LLC On Sale; Sunday; Off -Sale Meister's Bar and Grill Meister's Bar & Grill of Stillwater, Inc. On Sale Melt Pizza Company ACG Hospitality LLC On Sale; Sunday Mon Petit Cheri Mon Petit Cheri LLC On Sale Neighbor Stop E and K Convenience, Inc. Tobacco No Neck Tonys TJ Stillwater LLC On Sale; Sunday North Hill Liquor North Hill Liquor Ltd. Off Sale; Tobacco Oasis Cafe, Inc. Oasis Cafe Inc. On Sale; Sunday O'Brien Wine & Spirits O'Brien Wine & Spirits Off Sale; Tobacco Osaka Express Osaka Express Inc. On Sale; Sunday P.D. Pappy's Beach Blanket Bingo Inc. On Sale; Sunday DBA (Doing Business As) Licensee Name License Type(s) Portside Stillwater Holdings LLC On Sale; Sunday River Siren Brewing Company River Siren Brewing Company LLC Micro Brewer Off Sale; On Sale Taproom; Sunday Rivertown Inn Rivertown Inn LLC On Sale So What Wine Mistral Wine LLC Off Sale Still Tobacco Northgate, Inc. Tobacco Stillwater Country Club Stillwater Country Club Inc. Club, Sunday Stillwater Tobacco LLC Stillwater Tobacco LLC Tobacco The Dock Koch Companies On Sale; Sunday The Grand St. Croix Boat and Packet Co. Wine w/Strong Beer The Loft at Studio J The Loft of Studio J LLC On Sale; Sunday The Wild Hare Rusty Mile LLC On Sale; Sunday To Go Amoco Stillwater BP Inc. Tobacco Top Ten Liquors Yayin Gadol LLC Off Sale; Tobacco Water Street Inn DBD Partners Inc. On Sale; Sunday; Tobacco You and Me Cafe You and Me Cafe On Sale; Sunday Adopted by Council this 19th day of November, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk �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: November 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Issuance of a new On -Sale Liquor License with Sunday Sales for Mi Pueblo Cinco LLC dba Mi Pueblo Mexican Food & El Sazon Xelas LLC dba Xelas by El Sazon BACKGROUND Mi Pueblo Cinco LLC dba Mi Pueblo Mexican Food has submitted an application for an on -sale with Sunday sales intoxicating liquor license. Mi Pueblo moved into the location at 1491 Stillwater Blvd. The license will be effective after satisfactorily completing all license requirements. Additionally, El Sazon Xelas LLC dba Xelas by El Sazon has submitted an application for an on -sale with Sunday sales intoxicating liquor license. Xelas by El Sazon moved into 1180 Frontage Rd. W, formally Thai Basil. The license will be effective after satisfactorily completing all license requirements. RECOMMENDATION Staff recommends approval contingent upon the satisfactory investigation, inspections, and approvals from the Police, Fire, Building, Planning and Finance Departments, as well as Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion approving; Issuance of a new On -Sale Liquor License with Sunday Sales for Mi Pueblo Cinco LLC dba Mi Peublo Mexican Food at 1491 Stillwater Blvd. N, contingent upon the satisfactory investigation, inspections, and approvals. Issuance of a new On -Sale Liquor License with Sunday Sales for El Sazon Xelas LLC dba Xelas by El Sazon at 1180 Frontage Rd. W contingent upon the satisfactory investigation, inspections, and approvals. City of Stillwater Washington County, Minnesota RESOLUTION 2024-xxx APPROVING ISSUANCE OF NEW ON -SALE LIQUOR LICENSE WITH SUNDAY SALES TO MI PUEBLO CINCO LLC DBA MI PUEBLO MEXICAN FOOD & EL SAZON XELAS LLC DBA XELAS BY EL SAZON WHEREAS, an application has been received for the issuance of an On -Sale Liquor License with Sunday Sales to Mi Pueblo Cinco LLC dba Mi Pueblo Mexican Food at 1491 Stillwater Blvd, and El Sazon Xelas LLC dba Xelas by El Sazon at 1180 Frontage Rd. W and WHEREAS, all required documentation has been submitted and fees paid. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota hereby approves the issuance of a new On -Sale Liquor License with Sunday Sales to Mi Pueblo Cinco LLC dba Mi Pueblo Mexican Food, and El Sazon Xelas LLC dba Xelas by El Sazon conditioned upon approval from Police, Fire, Building, Planning and Finance Departments, as well as Washington County Public Health and Environment and Minnesota Alcohol Gambling Enforcement Division (AGED). Adopted by the Stillwater City Council this 19th day of November, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk water. THE BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and Councilmembers FROM: Jenna Schmid, Deputy City Clerk SUBJECT: Solid Waste, Recycling and Roll -off Hauler License BACKGROUND Applications for a 2025 Solid Waste, Recycling and Roll -off Hauler Licenses have been received from the following businesses: Tennis Sanitation, LLC Applications for a 2024 Roll -off only Hauler License has been received from the following businesses: Buckingham Trucking dba Buckingham Companies Gene's Disposal Service, Inc. Gorilla Dumpster Bag LLC LRS of MN LLC dba Atomic Recycling Lloyds Construction Services Inc. T & T Disposal LLC 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. , 1 wa ter- 0 T H E BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Ben Gutknecht, Planning Manager SUBJECT: Still Hope 2024 Event Permit— Manitou Arts and Cultural Center BACKGROUND The City has received an Event Application for an event open to the public fully on private property and partially outdoors. The Manitou Fund (601 Main Street North) is planning to host a 12-day holiday festival featuring community non -profits, local performers/artists and vendors. The event is scheduled to start on December 11, 2024 and will take place within the Center and include some outdoor activities. The east deck, (St. Croix river facing) and south entrance will include food vendors, people gathering, and music playing from inside. An area for games is also set up for the east side of the property. There are no proposed performances outside. The event does not include liquor sales and food vending will be permitted through Washington County. The event will fun from 4:OOpm to 9:OOpm on weekdays, and 12:OOpm to 5:OOpm on weekends with parking available on site. City Code allows events held wholly or partially outdoors in the Central Business District to be approved by City Council if the event is a one-time special event not occurring on a regular basis. It has been the policy of the City to interpret that as up to three (3) events per year can be approved through this process. RECOMMENDATION Staff recommends approval of the Event Permit. ACTION REQUESTED If Council concurs with the recommendation, they should pass a motion to approve the Event Permit for the Manitou Fund for December 11, 2024 — December 23, 2024. seating I eating with main floor plan heating stations high top tables outdoorgames WW ••• •• • r-- Fgreen lounge con�, 4' x 8' vendor table - 8' x 12' food stall 1 market =I backdrop below TV Low platform for choir 80 seats AV table floral display gather �I hanging art installation lights + evergreen garlands over entry "Still Hope" signage �1 Water, THE BIRTHPLACE OF MINNESOTA DATE: November 13, 2024 TO: Honorable Mayor and City Councilmembers FROM: Stuart W. Glaser, Fire Chie/�- SUBJECT: Tablet Command Service Agreement BACKGROUND Stillwater Fire is one of fifteen fire departments protecting the communities within Washington County. Stillwater Fire, along with all emergency response agencies, seek to provide collaborative professional emergency services to all in need. Tablet Command (TC) is an incident management software application which provides situational awareness and the ability to seamlessly work between agencies during an emergency. This capability improves response, safety and the ability to effectively manage an emergency incident to the best of our abilities. The need to have a single point of contact for this application provides cost efficiencies and the ability to ensure this response software is available to all agencies within Washington County if desired. With the approval of City Council, Stillwater Fire has offered to be the single point of contact for this agreement. Stillwater Fire will pay the single TC invoice annually and all agencies utilizing this program will reimburse the City of Stillwater for their individual costs. RECOMMENDATION Staff recommends approving the attached service agreement. ACTION REQUESTED Council approval and execution of the Tablet Command Service Agreement. Tablet Command Service Agreement This Tablet Command Service Agreement ("Agreement") is entered into as of ("Effective Date") by and between Tablet Command, Inc., (the "Company"), and the City of Stillwater, a Minnesota Municipal Corporation, ("Customer"). Company and Customer shall be individually referred to as a "Party" and collectively referred to as the "Parties". Whereas, an important value of the Customer is to operate a strong, sustainable, reliable, shared notification, response, and incident management system. Whereas, the Customer believes that a common or shared notification, response, and incident management will produce a more reliable and standardized operational picture and benefit response personnel as a whole. Whereas, the Customer recognizes that the following will improve safety on the emergency scene: • Timely and accurate incident notification. • Comprehensive and accurate mapping and routing. • Access to agency map data through Esri ARC GIS Online. • Shared incident view by all users. • Transfer of command. • Standardized command and control. • Agency specified incident templates and checklists. • Time stamped record of all actions on the emergency scene. • Improved after -action analysis with time -stamped documentation. • Improved accountability. Whereas, both Parties recognize that a relationship described herein may be mutually beneficial. Now, therefore, in consideration of the mutual promises contained herein, the Parties agree as follows: 1. Services. During the term of this Agreement, Company will provide the following "Services": Services account activation, including CAD integration and testing, account configuration, mobile device authentication, integration to third party solutions (staffing, pre- planning, etc.) as outlined in the quote(s) provided, initial training and orientation, access to the Tablet Command services and applications for Authorized Users, and ongoing customer support. 2. Customer Obligations, Representations and Warranties. a. Customer users ("Authorized Users") will be required to agree via a click -through agreement to the terms of the Apple Standard End User License Agreement ("EULA"), the content of which is available at https://www.apple.com/legal/internet- services/itunes/dev/stdeula. The terms of this Agreement and the EULA are binding on the Customer and each Authorized User. In the event of a conflict 1 between the terms of this Agreement and the EULA, the terms of this Agreement shall control. b. In connection with the provision of the Services to Customer, Customer agrees to direct incident data to https://api.tabletcommand.com. c. Customer will not use the Services, or any of the content obtained from the Services, for any purpose that is unlawful or prohibited by this Agreement. 3. License Grants and Restrictions. a. License Right. Company grants Customer a revocable, non-exclusive, non- transferrable, non -assignable limited right to install and use the Services on a computer or device controlled by an Authorized User (each a "Device"), and to access and use the Services on such Device strictly in accordance with the terms and conditions of this Agreement for the purpose of assisting users in managing their human resources and apparatus during an emergency. b. Restrictions. Customer shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Services; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Services; or (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Services or otherwise obscure or modify any manner in which the material is displayed by means of the Services. c. License to Company. Customer grants Company an irrevocable, royalty -free, fully paid -up right to view, record and analyze your use of the Services, including but not limited to technical information about the Devices (including Device UUID), computer, physical location, system and application software, and peripherals. d. Restricted Use of the Services. The Services are not a substitute for sound fire management techniques and practices in emergency situations. Customer agrees not to use, access, sell, resell, or offer for any commercial purposes, any portion of the Services. e. General Practices Regarding Use and Storage. i. The Company may establish general practices and limits concerning use of the Services. Customer and its Authorized Users will use the Services in compliance with all applicable international, state, federal and local laws and in accordance with the terms of this Agreement. No Authorized User may access or use the Services for any purpose other than that for which the Company makes it available. Without limiting any other remedies, the Company may suspend or terminate any Authorized User account if the Company suspects that an Authorized User has engaged in unlawful or prohibited activity in connection with the Services. The Company acknowledges and understands that certain portions of the Services may require and utilize phone service, data access or text messaging capability. ii. The Company may terminate an Authorized User's account in its absolute discretion and for any reason. The Company is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of this Agreement; (2) use of the Services in a manner inconsistent with the license right set forth above; (3) an Authorized User's request for such termination; or (4) as required by law, regulation, court or governing agency Tablet Command Service Agreement v. 2024-05-30 order. The Company's termination of any Authorized User's access to the Services may be affected without notice and, on such termination, the Company may immediately deactivate or delete such Authorized User's account and/or prohibit any further access to files or data from such account. The Company shall not be liable to the Customer, any Authorized User or any other third party for any termination of an Authorized User's access or account hereunder. In addition, an Authorized User's request for termination will result in deactivation but not necessarily deletion of the account. The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. § 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. 4. Fees. Company shall provide the Services and the Services in consideration for the fees set forth in the quote(s) provided to and approved by the Customer. Each such quote shall be attached hereto as an Exhibit A. Company will issue periodic invoices and Customer agrees to pay such amounts within thirty (30) days of receipt. Any invoices that remain unpaid more than thirty (30) days past their due date shall incur interest at the rate equal to the lower of 15% per year or the maximum rate allowed by applicable law. 5. Term. The term of this Agreement will begin on the Effective Date and will continue until one year from the Effective Date. This Agreement shall renew automatically for additional one- year terms upon each anniversary of the Effective Date unless either party provides notice for non -renewal at least ninety (90) days prior to the end of the then -current term. 6. Termination. a. Termination by Either Party. This Agreement may be terminated by either Party upon thirty (30) days' written notice delivered to the other party to the addresses listed on the signature page of this Agreement. Upon termination under this provision, if there is no default by Company, Company shall be paid for Services rendered and reimbursable expenses incurred until 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 submit a plan for cure that is acceptable to the other party. 7. Confidentiality and Data Security. a. "Confidential Information" means any non-public information that relates to Company or Customer, as applicable, including without limitation, the terms and Tablet Command Service Agreement v. 2024-05-30 conditions of this Agreement, technical data, know-how, trade secrets, product plans, markets, services offerings, customer lists and customers, software, research and developments, inventions, processes, formulas, designs, drawings, hardware configurations or finances. Confidential Information does not include information that (i) is known to either Party at the time of disclosure as evidenced by written records, (ii) has become publicly known and made generally available through no wrongful act of the receiving Party or (iii) has been rightfully received by a Party from a third party who is authorized to make such disclosure. b. Nonuse and Nondisclosure. Neither Party will during or subsequent to the term of this Agreement, (i) use the Confidential Information for any purpose other than the performance of this Agreement or (ii) disclose Confidential Information to any third party. Confidential Information will remain the sole property of the disclosing Party. Each Party agrees to take all reasonable precautions to prevent any unauthorized disclosure or use of such Confidential Information. c. Permitted Disclosure. Notwithstanding the restrictions on use and disclosure of Confidential Information in 6.b, a Party may disclose Confidential Information as necessary to comply with a legal demand or obligation (e.g., subpoena, civil investigative demand) so long as such Party provides at least five (5) business days prior written notice of such disclosure to the other Party (to the extent legally permitted) and any assistance reasonably requested by the other Party to contest or limit the disclosure. Company acknowledges and understands that the Customer is a public agency subject to the disclosure requirements of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 ("MGDPA"). If the Customer receives a request for information or records that Company may consider Confidential (e.g., proprietary information), the Customer will provide notice to Company pursuant to this section prior to disclosure. If Company contends that any documents are exempt from the MGDPA and wishes to prevent disclosure, it may obtain a protective order, injunctive relief or other appropriate remedy from a court of law in the appropriate jurisdiction before the Customer is required to respond to the MGDPA request. d. Remedies. In addition to the procedures for a CPRA request specified in Section 6.c above, if a Party discloses or uses (or threatens to disclose or use) Confidential Information, the Party whose Confidential Information is or may be disclosed or used will have the right, in addition to any other remedies under this Agreement, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the Parties that other available legal remedies are inadequate. 8. Ownership. The Parties agree that all copyrights, moral rights, notes, records, drawings, designs, inventions, improvements, developments, discoveries, computer programs (e.g. source code, object code, listings), work -in -progress, deliverables, drawings, designs, logos, images, trademarks, and trade secrets conceived, discovered, developed or reduced to practice by Company (collectively, "Inventions"), solely or in collaboration with others, are the sole property of Company, except the extent of any Customer Confidential Information or as may be needed for Customer to comply with the Minnesota Government Data Practices Act or other data retention or data privacy requirements. 9. Indemnity; Disclaimer; Limitations of Liability. a. Indemnification by Customer. The Customer shall indemnify, defend and hold harmless the Company, and its affiliates and their respective officers, employees Tablet Command Service Agreement v. 2024-05-30 and agents, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, due to or arising out of Customer's or any Authorized User's acts or omissions arising out of the use of the Services; or any breach of this Agreement. b. Indemnification by Company. The Company agrees to indemnify, defend, and hold Customer harmless from and against any and all third party claims, including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Customer, arising out of a claim that the Services infringe or misappropriate any United States or foreign patent, copyright, trade secret, trademark, or other proprietary right (an "Infringement Claim"). In the event that the Company is enjoined from delivering either preliminary or permanently, or continuing to license to Customer, the Services and such injunction is not dissolved within thirty (30) days, or in the event that Customer is adjudged, in any final order of a court of competent jurisdiction from which no appeal is taken, to have infringed upon or misappropriated any patent, copyright, trade secret, trademark, or other proprietary right in the use of the Services, then the Company may, at its expense and option: (a) obtain for Customer the right to continue using the Services; (b) replace or modify the Services so that it does not infringe upon or misappropriate such proprietary right and is free to be delivered to and used by Customer; or, (c) in the event that the Company is unable or determines, in its reasonable judgment, that it is commercially unreasonable to do either of the aforementioned, the Company shall reimburse to Customer the unused portion of the fees paid for the Services. c. Indemnification Procedures. Promptly after receipt by Customer of a threat of any Infringement Claim, or a notice of the commencement, or filing of any Infringement Claim against Customer, Customer shall give notice thereof to the Company, provided that failure to give or delay in giving such notice to the Company shall not relieve the Company of any liability it may have to Customer except to the extent that the Company demonstrates that the defense of such action is prejudiced thereby. Customer shall not independently defend or respond to any such claim; provided, however, that Customer shall have the right, at its own expense, to monitor the Company's defense of any such claim. The Company shall have sole control of the defense and of all negotiations for settlement of such action. At the Company's request, Customer shall cooperate with the Company in defending or settling any such action; provided, however, that the Company shall reimburse Customer for all reasonable out-of-pocket costs incurred by Customer (including, without limitation, reasonable attorneys' fees and expenses) in providing such cooperation. d. DISCLAIMER. EACH PARTY DISCLAIMS ANY AND ALL WARRANTIES AND INDEMNITIES, EXPRESS OR IMPLIED, IN THE PROVISION OF SERVICES HEREUNDER, INCLUDING THE IMPLIED WARRANTIES OF NON - INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. THE CUSTOMER'S AND EACH AUTHORIZED USER'S USE OF THE SERVICES IS AT THEIR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A Tablet Command Service Agreement v. 2024-05-30 PARTICULAR PURPOSE AND NON -INFRINGEMENT. SPECIFICALLY, THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET CUSTOMER'S REQUIREMENTS AND (ii) ANY AUTHORIZED USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR -FREE. EXCLUDING ONLY DAMAGES ARISING OUT OF THE COMPANY'S WILLFUL MISCONDUCT, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RESULTING FROM THE CUSTOMER'S OR ANY AUTHORIZED USER'S USE OR INABILITY TO USE ANY SERVICES OR SERVICES THEREON. SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE SERVICES. THE COMPANY IS NOT RESPONSIBLE FOR CUSTOMER'S OR ANY AUTHORIZED USER'S USE OF THE SERVICES OR THE DECISIONS AND INCIDENT MANAGEMENT OF THE CUSTOMER OR ANY OF ITS AUTHORIZED USERS. e. LIMITATION OF LIABILITY. In no event shall the company's total cumulative liability to the customer, any authorized user or any other party under this agreement, arising out of the use of the Services or otherwise exceed the current year fees paid by Customer to Company. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to the Company. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence or any other course of action by the company. 10. Privacy Compliance. a. Personal Information Defined. "Personal Information" for purposes of this section means information that the Company processes on Customer's behalf that identifies, relates to, describes, or is reasonably capable of being associated with or linked to a particular identifiable person or household and includes, without limitation, "personal information" as defined by the California Consumer Privacy Act of 2018, as amended, and as defined by the Personal Information Protection and Electronic Documents Act (Canada). For avoidance of doubt and not limitation, de -identified or aggregated information that is no longer reasonably capable of being associated with or linked to a particular identifiable person or household ("Anonymized Information"), will not be deemed Personal Information even if such information was derived from Personal Information. The Company may use and disclose Anonymized Information without limitation or restriction. b. Restrictions on Use. Unless specifically directed or authorized by Customer, the Company will not (i) sell or share (for cross -context behavioral advertising purposes) Personal Information; (ii) retain, use, or disclose Personal Information for any purpose other than the specific purpose of performing the services contemplated by this Agreement, including retaining, using, or disclosing Personal Information for a commercial purpose other than providing the services contemplated by this Agreement; (iii) retain, use, or disclose Personal Information Tablet Command Service Agreement v. 2024-05-30 outside of the direct business relationship between the parties; or (iv) combine the Customer's Personal Information with Personal Information the Company processes on behalf of third parties or itself to the extent prohibited by applicable privacy and data security laws. Notwithstanding the foregoing, the Company may retain, use, or disclose Personal Information as reasonably necessary to fulfill or demonstrate compliance with its legal obligations. c. Consent for Use. The Customer will provide all notices and obtain all consents required by applicable laws and regulations for the Company to process Personal Information in connection with the Services and services contemplated by this Agreement including, without limitation, the Company's transfer to and processing of Personal Information in the United States of America, Canada, and Australia. The Customer and each Authorized User will use the Services in compliance with all applicable laws and regulations. d. Data Security. The Company will implement reasonable administrative, technical, and physical safeguards to protect Personal Information in its control from unauthorized or unlawful access, disclosure, or use. Without limiting the generality of the foregoing, the Company will (i) encrypt all Personal Information while in transit from/to the Customer or a third party designated by the Customer to/from the Company via SSL 256 bit AES encryption or equivalent; (ii) store Personal Information on server(s) located in SSAE 16 certified data center(s); and (iii) not disclose Personal Information to third -party subcontractors unless such subcontractors have entered into a written agreement with the Company imposing privacy, data security, and confidentiality obligations on such subcontractors no less stringent than those imposed on the Company in this Agreement. Company shall not enter into subcontracts for any of the Services provided for in this Agreement without the express written consent of the Customer. Company shall pay any subcontractor involved in the performance of this Agreement within ten (10) days of the Customer's receipt of payment by the Customer for undisputed services provided by the subcontractor. The Customer will not knowingly introduce, or negligently permit to be introduced, into the Company's computer systems, databases, hardware, or software, any virus, malware, ransomware, or other contaminants (including, but not limited to, codes, commands, instructions, devices, techniques, bugs, or flaw) that may be used to access, alter, delete, threaten, infect, damage, disable, or inhibit our full use of the Company's computer systems, databases, hardware, or software. e. Cooperation. The Company will reasonably cooperate with Customer, at the Customer's cost, (i) in response to data subject requests for access, correction, deletion, or to exercise any other right provided by applicable laws and regulations to the use of such data subject's Personal Information and (ii) in response to the Customer's requests for assistance in connection with a data protection impact assessment, risk assessment, or similar analysis required by applicable privacy and data security laws. In the event the Company receives a data subject request relating to Personal Information, the Company will notify such data subject that it is unable to respond to the request without authorization from the Customer and will direct such data subject to contact the Customer directly to make the request. f. User IDs. The Customer will use best efforts to protect the confidentiality of user IDs, passwords, and other access credentials used by the Customer, or Customer's employees, agents, representatives, and Authorized Users' to access any of the services provided by the Company. The Customer will provide prompt Tablet Command Service Agreement v. 2024-05-30 notice to the Company of any actual or suspected compromised user IDS, passwords, or other access credentials. g. Notice of Noncompliance. The Company will provide notice to the Customer if the Company determines it can no longer process your Personal Information in compliance with this Agreement or applicable privacy and data security laws. The Customer may, at Customer's cost and upon at least thirty (30) days prior written notice to the Company, take reasonable and appropriate steps to mitigate the Company's processing of Personal Information that is not in compliance with this Agreement or applicable privacy and data security laws. h. Audit. No more than once per twelve-month period, at the Customer's cost, the Customer or its designee may audit the Company's data security and privacy practices related to Personal Information. The Customer will provide at least thirty (30) days' prior written notice of its intent to conduct such audit and will reasonably cooperate with the Company to minimize disruption to the Company's day-to-day business operations as a result of such audit. i. Personal Information Retention. Upon termination of the Customer's account, the Company will return or destroy, at the Customer's option, the Personal Information the Company processes on the Customer's behalf. Further notwithstanding the foregoing, the Company may retain such Personal Information (i) stored in an archive or backup system until such Personal Information is deleted from such system in the normal course of the Company's business and (ii) as reasonably necessary to fulfill or demonstrate compliance with its legal obligations or to defend or pursue a legal claim. j. Opt -In Data Disclosures. From time -to -time the Company may make available features or integrations that permit Customer to make certain data, which may include Personal Information, available to other Company customers or to third parties. If Customer opts -in to the use of such features or integrations, Customer authorizes Company to make Customer's data available as explained during the opt -in process. Customer agrees that company will have no liability to Customer related to data disclosed to other Company customers or third parties in connection with such features or integrations. Customer may withdraw its consent at any time by providing written notice to Company at the address for notice listed below, or via an email message sent to support@tabletcommand.com. k. AVL Data. The Company is hereby authorized to share Automatic Vehicle Location ("AVL") data with other Company customers. Customer acknowledges and agrees that Company will have no liability to Customer related to AVL data shared with other Company customers. Company acknowledges and agrees that Customer retains the ability to opt out of participation in this AVL data sharing agreement at any time by providing written notice to Company at the address for notice listed below, or via an email message sent to support@tabletcommand.com. 11. Insurance. The Company will maintain in force during the term the insurance coverages as set forth on Exhibit B. 12. Records. The Company will maintain complete and accurate records in accordance with its then -current policies. 13. Miscellaneous. Tablet Command Service Agreement v. 2024-05-30 a. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Minnesota without regard to Minnesota's conflicts of law rules. The Parties agree that the exclusive venue for any dispute arising hereunder shall be the federal or state court of appropriate jurisdiction in the State of Minnesota. b. Assignability. This Agreement may not be assigned by Customer, including by operation of law, without the prior written consent of the Company. The rights and liabilities of the parties hereto shall bind and inure to the benefit of their respective successors, executors and administrators. c. Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous written and oral agreements between the Parties regarding the subject matter of this Agreement. Any waiver, modification, or amendment of any provision of this Agreement shall be effective only if in writing and signed by the Parties hereto. d. Publicity. Each party may issue press releases or otherwise publicly reference the other in advertising and marketing (such as Internet, TV, radio and print) including the use of quotations from key staff, pictures, and videos. e. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. f. Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which will constitute an original, and all of which will constitute one agreement. The parties agree that they will accept signature by electronic transmission in portable document format (PDF) in lieu of original signatures and that the Agreement and any amendments hereto or quotes entered pursuant to this Agreement will have the same binding and enforceable effect with electronic PDF signatures as they would have with original signatures. [signature page follows] Tablet Command Service Agreement v. 2024-05-30 g rj 2 \ 2 z 2 z f j .. � / 2 R 2 R CDf ZY = ® E ƒ 7 S_ J 0 0- ƒ 0 2 6 _ 7 0 » 0 0 0 � 7. / a m q - 0 ] h > / ) _ 3 / CD @ 0 cn 9 ¥ \ \ o k c I�j w ƒ § � � g w 2 ) / k N Z3 3 7 N n 0 j' k � ] \ § § N) CL ƒ R 0 C m / � O / \ / m 0 / a / / 0 ( � ¥ � § 3 J \ § « 0 ZY CD \ a ZT } � m » Q y g ¥ m 3 m _ q 0 � � a 2 m S ± $ � m 2 m O � / \ C « ZY, @ k 0 ZT } m 0 / cc / » CD CD ] / m 0 J CD � \ CD / EXHIBIT A FORM QUOTE Tablet Command Service Agreement v. 2024-05-30 EXHIBIT B INSURANCE REQUIREMENTS During the term of the Agreement, the Company will maintain in force no less than the insurance coverages set forth as follows: General Liability General Aggregate: $4,000,000 Each Occurrence: $2,000,000 Products/Completed Operations Aggregate: $4,000,000 Personal & Advertising Injury: $4,000,000 Damage to Rented Premises: $250,000 Medical Expenses (Any one person): $10,000 Automobile Liability Hired/Non-Owned: $4,000,000 Errors & Omissions General Aggregate: $4,000,000 Per Claim: $2,000,000 Per Occurrence: $2,000,000 Cyber Liability General Aggregate: $4,000,000 Each Occurrence: $2,000,000 Tablet Command Service Agreement v. 2024-05-30 Tablet Command Stillwater Fire 250 Maryknoll DR Stillwater, MN SS082 WASHINGTON Stuart Glaser GLASER Chief sglaser@ci.stillwater.mn.us (651) 351-4963 Quote created: October 31, 2024 Quote expires: December 31, 2024 Total Products & Services Quote Stillwater Fire Department $38,475.36 Tablet Command, Inc. 1212 Broadway Plaza Suite 2100 Walnut Creek, CA 94596 United States Sales Person: Thom Woodward thom@tabletcommand.com 877-998-2639 DESCRIPTION QUANTITY UNIT PRICE DISCOUNT AMOUNT TC Mobile Users up to 1000 1 $3,750.00 $3,750.00 /year (Phone) (Split 7 ways /year for 1 year $535.72/ea c h ) CAD Interface License (2- 1 $8,000.00 $8,000.00/year Way) (WCSO) /year for 1 year Agency License Unlimited 1 $5,500.00 $5,500.00/year (2-way) (WCSO) /year for 1 year Pro License (Tablet) 12 $500.00 $6,000.00/year (Stillwater) /year for 1 year DESCRIPTION QUANTITY UNIT PRICE DISCOUNT AMOUNT Manage (Stillwater) 12 $50.00 $600.00/year /year for 1 year User Status to CAD 6 $200.00 $1,200.00 /year (Stillwater) /year for 1 year Fire Mapper Named User 3 $250.00 $750.00/year (Stillwater) /year for 1 year Pro License (Tablet) 7 $375.00 $2,625.00 (Oakdale) for 9 months Manage (Oakdale) 4 $37.50 $150.00 for 9 months User Status to CAD 7 $150.00 $1,050.00 (Oakdale) for 9 months Pro License (Tablet) (Hugo) 10 $333.33 $3,333.30 for 8 months Manage (Hugo) 10 $33.33 $333.30 for 8 months User Status to CAD (Hugo) 10 $133.00 $1,330.00 for 8 months Pro License (Tablet) (Lake 9 $166.67 $1,500.03 Elmo) for 4 months Manage(Lake Elmo) 9 $16.67 $150.03 for 4 months User Status to CAD (Lake 6 $67.00 $402.00 Elmo) for 4 months Pro License (Tablet) (Forest 7 $166.67 $1,166.69 Lake) for 4 months Manage (Forest Lake) 7 $16.67 $116.69 for 4 months DESCRIPTION QUANTITY UNIT PRICE DISCOUNT AMOUNT User Status to CAD (Forest Lake) 5 $67.00 $335.00 for 4 months Pro License (Tablet) (Bayport) 2 $83.33 $166.66 for 2 months Manage (Bayport) 2 $8.33 $16.66 for 2 months TC Mobile users 1-50 (Woodbury) 0 $750.00 /year $0.00 /year for 1 year SUMMARY Annual subtotal $25,800.00 One-time subtotal $12,675.36 Total 1 $38,475.36 Comments Renewal Service Term: 5/1/2025 - 4/30/2026. Prices are subject to increase after Quote expiration date. Purchase terms Net 30 Days i water THE BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Jenna Schmid, Deputy City Clerk SUBJECT: Temporary Liquor License for Ascension Episcopal Church & World Snow Celebration Event BACKGROUND The Ascension Episcopal Church applied for a Temporary On -Sale Liquor License to be used during their reception following a Choir concert located within the Church's building at 215 4th St. N, on December 15, 2024. In addition, the Greater Stillwater Chamber of Commerce applied for a Temporary On - Sale Liquor License to be used during their World Snow Celebration Event located downtown where alcohol service will be set up in parking lot #9, on January 16-19, 2025. RECOMMENDATION Staff recommends approval contingent upon approval from Minnesota Department of Public Safety Alcohol and Gambling Enforcement (AGED). ACTION REQUESTED If Council concurs with recommendation, they should pass a motion to approve; Temporary On -Sale Liquor License to Ascension Episcopal Church for December 15, 2024, contingent upon AGED approval. Temporary On -Sale Liquor License to The Greater Stillwater Chamber of Commerce for January 16-19, 2025, contingent upon AGED approval. i water THE BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Beth Wolf, City Clerk SUBJECT: Proposed Charter Amendment and City Code Amendments DISCUSSION At the November 6 Council meeting, Council approved the 1st reading of a Charter Amendment and city code amendments regarding the City assessing unpaid fees such as planning application and escrow fees, abatement costs, building permit fees, license fees, street lighting utility fees, trash and recycling service fees and administrative civil penalties charges, see attached ordinances. Unpaid fees are written off each year as uncollectible. These fees are justifiably owed to the City, but the applicant/owner refuses to pay. Assessing these unpaid fees would follow the 429 process. There would be notice and a public hearing affording the opportunity to object. In addition, assessments are appealable to district court, if the statutory process is followed. The assessment would be applied to the next year's property taxes. This assessment tool would be used as cost recovery for fees actually due to the City. The City has the ability to have these unpaid fees added to the property taxes for the property owner as long as there is proper authority in state law or the City Charter. Staff is requesting a Charter Amendment and City Code amendments authorizing such authority. A public hearing is required for a Charter Amendment. RECOMMENDATION Staff recommends Council hold the public hearing on the Charter Amendment and approve the 2nd reading on all three Ordinances. ACTION REQUESTED If Council concurs with staff recommendation, they should pass a motion approving the 2nd reading on the following Ordinances: 1. Ordinance 1222 - An Ordinance Amending the City Charter of the City of Stillwater Section 15.11, Regarding Assessment of Unpaid Penalties 2. Ordinance 1223 - An Ordinance Amending and Renumbering Chapter 10, Article II, Section 10-94 to Chapter 10, Article III, Section 10-150 of the City Code of the City of Stillwater regarding Abatements of Public Nuisance 3. Ordinance 1224 - An Ordinance Amending Chapter 22, Article IV, Section 22-113 of the City Code of the City of Stillwater regarding Collection of Waste Disposal Fees City of Stillwater Washington County, Minnesota ORDINANCE NO. 1222 AN ORDINANCE AMENDING THE CITY CHARTER OF THE CITY OF STILLWATER SECTION 15.11, REGARDING ASSESSMENT OF UNPAID PENALTIES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDING. That the Stillwater, Minnesota City Charter Section 15.11 Is hereby amended as follows: The City Council may provide by ordinance that unpaid planning application and escrow fees, trash and recycling service fees, abatement costs, building permit fees, license fees, street lighting utility fees and administrative civil penalties the City imposes as a result of certain violations be assessed against the property that was the subject of or related to the subject matter of the penalties. The ordinance must provide that the City first attempted to obtain voluntary payment of the penalties. The ordinance must also require the City to give notice and an opportunity to be heard to the property owner listed on the official tax records before the assessments are imposed. The assessments must be collected like special assessments SECTION 2 SAVING. In all other ways, the Stillwater City Charter shall remain in full force and effect. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective 90 days after its passage and publication according to law. SECTION 4 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 Charter Amendment allows the City to collect certain unpaid fees and assess the fees to the property. Adopted by the City Council of the City of Stillwater this 19th day of November, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota ORDINANCE NO. 1223 AN ORDINANCE AMENDING CHAPTER 22, ARTICLE IV, SECTION 22-113 OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING COLLECTION OF WASTE DISPOSAL FEES The City Council of the City of Stillwater does ordain: SECTION 1 AMENDING. Section 22-113 of the Stillwater, MN City Code is hereby amended as follows: Sec. 22-113 Collection of Charges. In all residence buildings, it shall be the responsibility of the property owner to contract with the City's hauler to provide for the collection of the mixed municipal solid waste and recycling in accordance with this article. The property owner shall be responsible and liable hereunder whether or not the owner occupies or resides in the building and whether or not the premises is leased or rented to another. if an Owner fails to pay the rates properly billed for waste collection, the CitV may assess the unpaid collection fees against the property pursuant to Minn. Stat. § 443.29, as may be amended from time to time. SECTION 2 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. 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 text amendment adopted by the City Council on November 19, 2024 modifies the City Ordinance to clarify that all unpaid fees for waste collection may be specially assessed against the property pursuant to Minnesota State Statutes Section 443.29. Adopted by the City Council of the City of Stillwater this 19th day of November, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota ORDINANCE NO. 1224 AN ORDINANCE AMENDING AND RENUMBERING CHAPTER 10, ARTICLE II, SECTION 10-94 TO CHAPTER 10, ARTICLE III, SECTION 10-150 OF THE CITY CODE OF THE CITY OF STILLWATER REGARDING ABATEMENTS OF PUBLIC NUISANCE The City Council of the City of Stillwater does ordain: SECTION 1 RENUMBERED AND AMENDMENT. Section 10-94 of the Stillwater City Code, is hereby renumbered to Article III Section 10-150 of the Stillwater Code, and amended as follows: ARTICLE III. ABATEMENT Sec. 10-150 Abatement Procedure. (a) Emergency abatement. Whenever the City is made aware of the existence of a public nuisance, the City will cause to be inspected the property on which it is alleged that such a public nuisance exists. Should the Enforcement Officer determine that a public nuisance exists and that the public health, safety or welfare may be in immediate danger, then emergency abatement procedures will be implemented and the City may cause the nuisance to be removed or abated. When emergency abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following emergency abatement, the City will post a notice on the property describing the action taken to abate the nuisance. (b) Notice when emergency abatement is not required. If, after inspecting the property, the Enforcement Officer declares the existence of a public nuisance but the nature of the nuisance is not such as to require emergency abatement of the nuisance, the Enforcement Officer will serve a notice on the owner or responsible party, by regular mail, or by personal service, ordering the owner or responsible party to remove the public nuisance. The notice will contain the following information: (1) Description of the property upon which the nuisance is situated; (2) The nature of the nuisance to be abated; (3) State that in the event the owner or responsible party does not comply with the notice, the necessary work may be performed by the City; (4) State that if the owner or responsible party does not pay for the expense, the cost of the work will be assessed against the property; and (5) A compliance deadline. The notice will require that the public nuisance must be removed within 48 hours after the date of receipt of the notice unless another compliance deadline is stated. If the owner of the property or responsible party cannot be found, the notice will be posted on the property for a period of 48 hours, after which period the City may perform any necessary work. Notice by regular mail and notice by posting may be done simultaneously. (c) Disclosure of responsible party. Upon the request of the Enforcement Officer, an owner or responsible party shall disclose the name of any other owner or responsible party known including the person for whom he or she is acting, from whom he or she is leasing the property, to whom he or she is leasing the property, or with whom he or she has any conveyancing contract. (d) Access for inspection. An owner or responsible party shall, upon the request of the Enforcement Officer, provide the officer with access to all interior portions of any occupied or unoccupied building in order to permit the officer to make a complete inspection. The Enforcement Officer is authorized to enter in or upon any property or structure for the purpose of enforcing and ensuring compliance with the provisions of this section. (e) Abatement by City. If the public nuisance has not been removed or resolved by the compliance deadline, the City has the authority to enter upon the property and abate the public nuisance. In abating the nuisance, the City may go to whatever extent necessary to complete the abatement of the public nuisance, including obtaining a court order. The City may call upon any of the City departments or divisions for whatever assistance is deemed necessary or may by private contract cause the abatement of the public nuisance. If any material derived from the abatement is salvageable, and no notice of appeal is received by the City pursuant to this section, the City may sell the salvaged material at private or public sale with the proceeds from the sale going to the City's community development. (0 Abatement invoice. If the City performs the work pursuant to this section, the City will maintain a record showing the cost of the work attributable to each separate lot and parcel, including administrative costs. Abatement costs shall include, but are not limited to, the cost of the abatement, the cost of investigation, such as title searches, inspection and testing, the cost of notification, filing costs and administrative costs, including an overhead charge of up to 25 percent for administrative costs. (g) Appeals. An owner or responsible party may appeal a compliance letter for an abatement action by following the procedures set forth in Chapter 2, Article VI, Division 2. Any personal property of value or salvageable property coming into possession of the City during the course of the abatement pursuant to this section will be stored by the City pending the outcome of the appeal. (h) Assessments. If an owner or responsible party fails to pay the total cost listed on the abatement invoice provided by the City under this section, the City may assess the abatement costs against the property pursuant to Minn. Stat. 429.101 Subd. 1(3), as may be amended from time to time. SECTION 2 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. 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 2 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 text amendment and renumbering adopted by the Stillwater City Council on November 19, 2024 modifies and renumbers the City Ordinance to clarify that all abatements performed by the City may be specially assessed against the property pursuant to Minnesota State Statutes Section 429.101. SECTION 4 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this 19th day of November, 2024. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor 3 S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Social District Special Law Approval The Minnesota Legislature passed a Special Law for the City of Stillwater that allows the city to create a Social District. The effective date of the Special Law is August 31, 2025. However, per MN Statute 645.021, the City must adopt a resolution by majority vote of the City Council approving and accepting the Special Law prior to the beginning of the next legislative session. The details of the potential Social District will be determined by City Ordinance likely prior to the effective date of the legislation. Staff is simply requesting approval of the Special Law otherwise the Special Law will be considered disapproved by the city if a resolution accepting and approving the law is not adopted. Recommended Action: Motion to adopt the attached Resolution accepting and approving SF 4097 regarding a Social District in the City of Stillwater. Attachments: Special Law for Social District MN Statute 645.021 Certificate of Approval of Special Law form Resolution adopting and accepting the Special Law SF4097 REVISOR RSI S4097-3 3rd Engrossment (SENATE AUTHORS: KLEIN) SENATE STATE OF MINNESOTA NINETY-THIRD SESSION S.F. NO. 4097 DATE D-PG OFFICIAL STATUS 02/22/2024 11710 Introduction and first reading Referred to Commerce and Consumer Protection 04/02/2024 13115a Comm report: To pass as amended 13329 Second reading 04/04/2024 13397a Special Order: Amended 13412 Third reading Passed 04/18/2024 13936 Returned from House with amendment 13937 Senate not concur, conference committee of 5 requested 14450 Senate conferees Klein; Seeberger; Frentz; Dahms; Rasmusson 04/24/2024 14454 House conferees Stephenson; Kotyza-Witthuhn; Kraft; Cha; O'Driscoll 05/15/2024 17061C Conference committee report, delete everything 17193 Motion to reject CC report, did not prevail 17194 Senate adopted CC report and repassed bill 17195 Third reading 05/17/2024 17730 House adopted SCC report and repassed bill Presentment date 05/18/24 Governor's action Approval 05/21/24 Secretary of State Chapter 114 05/21/24 1.1 A bill for an act 1.2 relating to commerce; adding, modifying, or eliminating various provisions 1.3 governing insurance, financial institutions, commercial regulations and consumer 1.4 protection, and telecommunications; modifying and authorizing certain on -sale 1.5 liquor licenses; delaying medical supplement implementation; making technical 1.6 changes; establishing penalties; authorizing administrative rulemaking; requiring 1.7 reports; amending Minnesota Statutes 2022, sections 45.011, subdivision 1; 47.20, 1.8 subdivision 2; 47.54, subdivisions 2, 6; 48.24, subdivision 2; 58.02, subdivisions 1.9 18, 21, by adding a subdivision; 58.04, subdivisions 1, 2; 58.05, subdivisions 1, 1.10 3; 58.06, by adding subdivisions; 58.08, subdivisions la, 2; 58.10, subdivision 3; 1.11 58.115; 58.13, subdivision 1; 58B.02, subdivision 8, by adding a subdivision; 1.12 58B.03, by adding subdivisions; 58B.06, subdivisions 4, 5; 58B.07, subdivisions 1.13 1, 3, 9, by adding subdivisions; 58B.09, by adding a subdivision; 60A.201, by 1.14 adding a subdivision; 65A.29, by adding a subdivision; 67A.01, subdivision 2; 1.15 67A.14, subdivision 1; 72A.20, subdivision 13; 80A.61; 80A.66; 80C.05, 1.16 subdivision 3; 82B.021, subdivision 26; 82B.095, subdivision 3; 82B.19, 1.17 subdivision 1; 115C.08, subdivision 2; 176.175, subdivision 2; 237.121; 237.19; 1.18 239.791, by adding a subdivision; 270C.63, subdivision 8; 270C.65, subdivision 1.19 1; 270C.67, subdivisions la, 11; 270C.69, subdivision 1; 325E.66, subdivision 1; 1.20 325F.03; 325F.04; 325F.05; 325F.56, subdivision 2; 325F.62, subdivision 3; 1.21 325G.24; 325G.25, subdivision 1; 340A.101, subdivision 13; 340A.404, 1.22 subdivisions 1, 2, 6; 429.021, subdivision 1; 471.6161, subdivision 8; 471.617, 1.23 subdivision 2; 519.05; 550.37, subdivisions 2, 4, 12a, 14, 22, 23, by adding 1.24 subdivisions; 550.39; 571.72, subdivisions 6, 9; 571.914, subdivision 1; 571.92; 1.25 571.921; 571.922; 571.927; Minnesota Statutes 2023 Supplement, sections 53B.28, 1.26 subdivisions 18, 25; 53B.29; 53B.69, by adding subdivisions; 61A.031; 62Q.522, 1.27 subdivision 1; 62Q.523, subdivision 1; 80A.50; 144.587, subdivision 4; 239.791, 1.28 subdivision 8; 325E.21, subdivisions lb, 11; 325E.80, subdivisions 1, 5, 6, 7; 1.29 332.71, subdivisions 2, 4, 5, 7; 332.72; 332.73, subdivision 1; 332.74, subdivisions 1.30 3, 5; Laws 2022, chapter 86, article 2, sections 3; 5; Laws 2023, chapter 57, article 1.31 2, sections 7; 8; 9; 10; 11; 12; 13; 14; 15; proposing coding for new law in 1.32 Minnesota Statutes, chapters 53B; 58; 60A; 61A; 62J; 62Q; 65A; 325F; 325G; 1.33 332; 513; proposing coding for new law as Minnesota Statutes, chapters 46A; 1.34 60M; 3250; 332C; repealing Minnesota Statutes 2022, sections 45.014; 58.08, 1.35 subdivision 3; 82B.25; 239.791, subdivision 3; 325G.25, subdivision la; 332.3351; 1.36 Minnesota Statutes 2023 Supplement, sections 53B.58; 62Q.522, subdivisions 3, 1.37 4; 332.71, subdivision 8. SF4097 REVISOR RSI S4097-3 3rd Engrossment 157.1 Sec. 6. Laws 2022, chapter 86, article 2, section 5, is amended to read: 157.2 Sec. 5. CITY OF ANOKA; SPECIAL LICENSC SOCIAL DISTRICT LICENSE; 157.3 CITIES OF ANOKA, SHAKOPEE, AND STILLWATER. 157.4 Subdivision 1. Social district; consumption allowed. The eity of Anoka cities of Anoka, 157.5 Shakopee, and Stillwater may issue a social district license to any holder of an on -sale 157.6 license whose on -sale premises is contiguous with the premises of the social district 157.7 designated in subdivision 2. The license authorizes consumption, but not sales or service, 157.8 of alcoholic beverages sold by the on -sale licensee within the social district. 157.9 Subd. 2. Designation of social district. (a) Prior to issuing the license in subdivision 1, 157.10 the city efAnak must designate and describe the premises of the social district. The district 157.11 may not include any area under the ownership or control of a person that objects to the 157.12 extension of the social district to that area. 157.13 (b) The designation must include the specific premises where consumption of alcoholic 157.14 beverages is allowed and also include the proposed hours and days in which consumption 157.15 of alcoholic beverages is allowed in the social district. The city of Aneku must adopt the 157.16 designation by ordinance prior to issuing the license in subdivision 1. 157.17 Subd. 3. Boundaries clearly defined. The social district must be clearly defined with 157.18 signs posted in a conspicuous location indicating the area included in the social district and 157.19 the days and hours during which alcoholic beverages may be consumed in the district. In 157.2o addition, signs must include: 157.21 (1) the local law enforcement agency with jurisdiction over the area comprising the 157.22 social district; and 157.23 (2) a clear statement that an alcoholic beverage purchased for consumption in the social 157.24 district shall: 157.25 (i) only be consumed in the social district; and 157.26 (ii) be disposed of before the person in possession of the alcoholic beverage exits the 157.27 social district unless the person is reentering the licensed premises where the alcoholic 157.28 beverage was purchased. 157.29 Subd. 4. Management and maintenance. The city ofAnekmust establish management 157.3o and maintenance plans for the social district and post these plans, along with a rendering 157.31 of the boundaries of the social district and days and hours during which alcoholic beverages Article 5 Sec. 6. 157 SF4097 REVISOR RSI S4097-3 3rd Engrossment 158.1 may be consumed in the district, on the website for the city of Anek. The social district 158.2 must be maintained in a manner that protects the health and safety of the general public. 158.3 Subd. 5. Requirements for on -sale licensees. An on -sale licensee holding a social 158.4 district license may only sell and serve alcoholic beverages on the premises specified in the 158.5 licensee's on -sale license. The licensee must not allow a person to enter or reenter its on -sale 158.6 licensed premises with an alcoholic beverage not sold by the on -sale licensee. Sales for 158.7 consumption in the social district must meet the following container requirements: 158.8 (1) the container clearly identifies the on -sale licensee from which the alcoholic beverage 158.9 was purchased; 158.10 (2) the container clearly displays a logo or some other mark that is unique to the social 158.11 district in which it will be consumed; 158.12 (3) the container is not comprised of glass; 158.13 (4) the container displays, in no less than 12-point font, the statement, "Drink Responsibly 158.14 - Be 21."; and 158.15 (5) the container shall not hold more than 16 fluid ounces. 158.16 Subd. 6. Additional social district requirements. The possession and consumption of 158.17 an alcoholic beverage in a social district is subject to all of the following requirements: 158.18 (1) only alcoholic beverages purchased from an on sale -licensee holding a social district 158.19 license located in or contiguous to the social district may be possessed and consumed in the 158.2o district; 158.21 (2) alcoholic beverages shall only be in containers meeting the requirements set forth 158.22 in subdivision 5; 158.23 (3) alcoholic beverages shall only be possessed and consumed during the days and hours 158.24 set by the city of Anoka as specified in subdivision 2; and 158.25 (4) a person shall dispose of any alcoholic beverage in the person's possession prior to 158.26 exiting the social district unless the person is reentering the on -sale licensed premises where 158.27 the alcoholic beverage was purchased. 158.28 Subd. 7. Report required. Within 24 months from the first issuance of a social district 158.29 license, the city of Anoka must provide a report to the chairs and ranking minority members 158.30 of the legislative committees with jurisdiction over liquor regulation. The report must include 158.31 a discussion of the following subjects: 158.32 (1) the process used by the city in designating the social district; Article 5 Sec. 6. 158 SF4097 REVISOR RSI S4097-3 3rd Engrossment 159.1 (2) the community response to the social district, with a concentration on residents living 159.2 and businesses operating within a one -mile radius of the district; 159.3 (3) the response to the social district from both on -sale licensees holding a social district 159.4 license and not holding a social district license; 159.5 (4) the problems or challenges encountered in establishing and overseeing the social 159.6 district and social district licenses; 159.7 (5) any public safety concerns that arose due to the operation of the social district; 159.8 (6) the benefits and drawbacks to the city of continuing the social district; and 159.9 (7) recommendations for modifications to the social district special law established in 159.10 this section. 159.11 EFFECTIVE DATE. This section is effective after Aup-ust 31.2025. for each of the 159.12 cities of Shakopee and Stillwater upon approval by each city council and compliance with 159.13 Minnesota Statutes, section 645.021. 159.14 Sec. 7. SPECIAL LIOUOR LAW; CITY OF LITCHFIELD. 159.15 Notwithstanding Minnesota Statutes, section 624.701, the city of Litchfield may issue 159.16 an on -sale license under Minnesota Statutes, section 340A.404, subdivision 1, paragraph 159.17 (d), for sales at town ball games played at a ballpark on school grounds, provided that the 159.18 board of Independent School District No. 465, Litchfield, adopts a resolution approving the 159.19 issuance of the license. The provisions of Minnesota Statutes, section 624.701, do not apply 159.20 to the school grounds or buildings for a license issued under this section. 159.21 EFFECTIVE DATE. This section is effective upon approval by the Litchfield City 159.22 Council and compliance with Minnesota Statutes, section 645.021. 159.23 Sec. 8. SPECIAL LIOUOR LAW; CITY OF WATKINS. 159.24 Notwithstanding Minnesota Statutes, section 624.701, the city of Watkins may issue an 159.25 on -sale license under Minnesota Statutes, section 340A.404, subdivision 1, paragraph (d), 159.26 for sales at town ball games played at a ballpark on school grounds, provided the board of 159.27 Independent School District No. 463, Eden Valley -Watkins, adopts a resolution approving 159.28 the issuance of the license. The provisions of Minnesota Statutes, section 624.701, do not 159.29 apply to the school grounds or buildings for a license issued under this section. 159.30 EFFECTIVE DATE. This section is effective upon approval by the Watkins City 159.31 Council and compliance with Minnesota Statutes, section 645.021. Article 5 Sec. 8. 159 MINNESOTA STATUTES 2023 645.021 645.021 SPECIAL LAWS. Subdivision 1. Name required. A special law as defined in the Minnesota Constitution, article XII, section 2, shall name the local government unit to which it applies. If a special law applies to a group of local government units in a single county or in a number of contiguous counties, it shall be sufficient if the law names the county or counties where the affected units are situated. Subd. 2. Local approval required. A special law shall not be effective without approval of the local government unit or units affected, except as provided in section 645.023. Approval shall be by resolution adopted by a majority vote of all members of the governing body of the unit unless another method of approval is specified by the particular special law. Subd. 3. Filing required. The chief clerical officer of a local government unit shall, as soon as the unit has approved a special law, file with the secretary of state a certificate stating the essential facts necessary to valid approval, including a copy of the resolution of approval or, if submitted to the voters, the number of votes cast for and against approval at the election. The form of the certificate shall be prescribed by the attorney general and copies shall be furnished by the secretary of state. If a local government unit fails to file a certificate of approval before the first day of the next regular session of the legislature, the law is deemed to be disapproved by such unit unless otherwise provided in the special law. Subd. 4. Previously enacted law. Laws 1959, chapter 368, does not apply to any special law heretofore enacted, whether or not it has been approved by the local government unit affected, but such unit shall file with the secretary of state a certificate of approval for such law as required in subdivision 3. History: 1959 c 368 s 1,2; 1979 c 176 s I Official Publication of the State of Minnesota Revisor of Statutes CERTIFICATE OF APPROVAL OF SPECIAL LAW BY GOVERNING BODY (Pursuant to Minnesota Statutes, 645.02 and 645.021) STATE OF MINNESOTA County of TO THE SECRETARY OF STATE OF MINNESOTA: PLEASE TAKE NOTICE, That the undersigned chief clerical officer of the DOES HEREBY CERTIFY, that in compliance with the provisions of Laws, 20 , Chapter requiring approval by a majority* of the governing body of said local governmental unit before it becomes effective, the (designate governing body) at a meeting duly held on the day of 20 , by resolution did approve said Laws, 20 , Chapter (if other than resolution, specify) by a majority vote* of all of the members thereof (Ayes ; Noes ; Absent or not voting ) and the following additional steps, if any required by statute or charter were taken: A copy of the resolution is hereto annexed and made a part of this certificate by reference. Signed: (Print Name) (Official designation of officer) (This form prescribed by the Attorney General and furnished by the Secretary of State as required in Minnesota Statutes 645.021.) *If extraordinary majority is required by the special law, insert fraction or percentage here. Please see reverse side for instructions for completing this form. S:\ELECT\ELECT\OPENAPPT\CERTIFICATE OF APPROVAL OF SPECIAL LAW.doc INSTRUCTIONS Include the chapter number in the Laws of Minnesota that is to be approved on the Certificate of Approval form and in the resolution that approves the special law. Return the completed originally signed Certificate of Approval form with a photo copy of the resolution that approved the special law to: Official Documents Secretary of State 180 State Office Building 100 Rev. Dr. Martin Luther King Jr. Blvd St Paul, MN 55155-1299 If you have any questions please contact the official documents team at official. documents@state.mn.us or call 651-556-0643. City of Stillwater Washington County, Minnesota RESOLUTION 2024-XXX RESOLUTION ACCEPTING S.F. NO. 4097 BILL ON SOCIAL DISTRICT LICENSE WHEREAS, the City of Stillwater is authorized by S.F. No 4097, the amended Minnesota Session Laws 2022, Chapter 86, article 2, section 5 Social District License to establish a Social District within the City of Stillwater, and WHEREAS, the City Council of the City of Stillwater, Minnesota has heretofore determined a social district which will allow certain on -sale liquor license holders to sell alcohol for consumption outdoors within a defined area in the downtown district of Stillwater is a Special Legislation, and WHEREAS, MN Statute 645.021 states a Special Law shall not be effective without approval of the local government unit or units affected, and WHEREAS, Approval shall be by resolution adopted by a majority vote of all members of the governing body of the unit unless another method approval is specified by the particular special law, and WHEREAS, the chief clerical officer of a local government unit shall, as soon as the unit has approved a special law, file with the secretary of state a certificate stating the essential facts necessary to valid approval, including a copy of the resolution, and WHEREAS, specific rules on consumption of alcoholic beverages within the boundaries of said social district will be clearly defined and set per City ordinance, and WHEREAS, the effective date of the special law is August 31, 2025, and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Stillwater, Minnesota, approves and accepts S.F. No 4097 Bill and hereby complies with Minnesota Statute, section 645.021. Adopted by the Stillwater City Council this 19th day of November, 2024. CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk water. THE BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Joe Kohlmann, City Administrator SUBJECT: Local Option Sales Tax DISCUSSION The City of Stillwater held a referendum vote on a Local Options Sales Tax at the November General Election. The ballot question received a majority vote of 63.05% approval to move forward with the Local Option Sales Tax. With the approval of the ballot initiative, that completes step four of seven steps to implementing a local option sales tax. The next step is to create and pass an ordinance imposing the tax (attached). The implementation date has to begin on the first calendar day of a quarter after a 90- day notice period to the State of MN. The attached ordinance has July 1, 2024 as the implementation date. Staff is currently working with Baker Tilly to determine the project timeline in conjunction with financing and collection. The implementation date is subject to change from first to second reading of the Ordinance. RECOMMENDED ACTION Motion to approve the 1st reading of the attached ordinance regarding sales and use tax. City of Stillwater Washington County, Minnesota ORDINANCE NO. XXX AN ORDINANCE ENACTING SECTION 2-121 OF THE STILLWATER CITY CODE OF THE CITY OF STILLWATER REGARDING SALES AND USE TAX The City Council of the City of Stillwater does ordain: SECTION 1 ENACTMENT. Section 2-121 of the Stillwater City Code is hereby enacted as follows: Sec. 2-121 Sales and Use Tax (a) At the general election held November 5, 2024, the voters of the City of Stillwater approved the imposition of a .05% sales and use tax to pay for the cost of collecting and administering the taxes and to pay for certain costs related to the funding of certain designated projects, as defined in division (c) below. (b) The legislature has authorized the City by 2023 Minnesota Session Laws, Chapter 64, Article 10, Section 48, to impose a sales and use tax within the City to provide revenues to pay for the cost of collecting and administering the taxes and to pay for certain costs related to the funding of the designated projects, as defined in division (c) below. The City approved the Act in accordance with applicable law. (c) Definitions. The words, terms and phrases used in this Section shall have the meaning ascribed to them in Minn. Stat. § 297A.61, except where the context clearly indicates otherwise. In addition, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Act means Minnesota Session Laws, Chapter 64, Article 10, Section 48. City means the City of Stillwater. Commissioner means the Commissioner of Revenue for the State of Minnesota, acting under the authority of an agreement entered into between the City and the State of Minnesota pursuant to the Act, or such other person designated to administer and collect the sales and use tax. Designated projects mean the Riverfront Improvement Projects $6,200,000, plus the costs related to the issuance and paying debt services on bonds for these projects. Retailer or Retail Sales. These and related terms shall mean as defined in Minn. Stat. Chapter 297A. Stillwater Sales and Use Tax means the sales and use tax imposed and collected pursuant to this Section. (d) Sales and use tax. Except as otherwise provided in this Section, there is hereby imposed an additional excise tax in the amount of .05% on the gross receipts from sales at retail and the storage, use, distribution or consumption of goods or services which are taxable, pursuant to Minn. Stat. Chapter 297A and occur within the City. The imposition, administration, collection, and enforcement of this tax shall be governed by the provisions of Minn. Stat. § 297A.99. (e) Separate statement; collection from purchaser; advertising no tax; minimum uniform tax collection methods. The sales and use tax shall be stated and charged separately from the sales price or charge for service insofar as practical and should be a debt from the purchaser to the seller recoverable at law in the same manner as other debts. In computing the tax to be collected as a result of any transaction, any amount of tax less than one-half of one cent may be disregarded and amounts of tax less than one-half of one cent may be disregarded and amounts of tax one- half cent or more maybe considered an additional cent. If the sales price of any sale at retail is 990 or less, no tax shall be collected. (f) Exemption certificates. A fully completed exemption certificate taken from a purchaser to the effect that the property purchased is for resale or that the sale is otherwise exempt from the application of the tax imposed by this chapter will conclusively relieve the retailer from collecting and remitting the tax to the extent the seller is also relieved of liability for the sales and use tax under Minn. Stat. § 297A.665. A person who has obtained from the Commissioner an exemption certificate pursuant to the Minn. Stat. § 297A.72 may use such exemption certificate for the purposes of the sales tax imposed by the City. (g) Presumption of purpose of sale. For the purpose of the proper administration and enforcement of division (D) above, it shall be presumed that all retail sales for delivery in the City are for storage, use, or other consumption in the City until the contrary is established. (h) Collection of sales and use tax at time of sale. (1) Any retailer making deliveries within the City, any retailer maintaining a place of business in the City, or any other retailer otherwise doing business within the City, upon making sales of any items described in division (D) above which are not exempted from the sales tax imposed under that section and which are to be delivered or caused to be delivered within the City to the purchaser, shall at the time of making such sales collect the sales and use tax from the purchaser. The tax collected by such retailer shall be remitted to the Commissioner on behalf of the City. (2) Any retailer required to collect the sales and use tax and remit such tax to the Commissioner pursuant to this Section shall register with the Commissioner and provide such other information as the Commissioner may require. (i) Agent of retailer. When in the opinion of the Commissioner it is necessary for the efficient administration of the tax, the Commissioner may regard any salesman, representative, trucker, peddler or canvasser as the agent of the dealer, distributor, supervisor, employer or other person under whom such salesman, representative, trucker, peddler or canvasser operated or from whom the tangible property is being sold is obtained and may regard the dealer, distributor, supervisor, employer or other person as a retailer for the purposes of this Section. Q) Collection and Enforcement. (1) The sales and use tax imposed by the City pursuant to this Section shall be subject to the same interests, penalties, and other rules as are applicable to the state general sales tax imposed by Minn. Stat. Chapters 270C, 289A and 297A. The sales and use tax imposed by the City pursuant to this Section may be collected by the state on behalf of the City as provided by an appropriate 2 agreement with the Minnesota Commissioner of Revenue. The sales and use tax imposed by the City pursuant to this Section shall expire at the earlier of: a. 10 years after the tax is first imposed; or b. When the City Council determines that $6,200,000, plus an amount sufficient to pay the costs related to issuing the bonds, including interest on the bonds, has been received from the tax to pay for the cost of the projects. (2) Any funds remaining after payment of all such costs and retirement or redemption of the bonds shall be placed in the general fund of the City. The sales and use tax imposed by the City pursuant to this Section may expire at any earlier time if the City Council so determines by ordinance. (k) Tax clearance; issuance of licenses. The City may not issue or renew a license for the conduct of trade or business in the City if the Commissioner notifies the City that the applicant for such license owes delinquent sales and use taxes as provided in this Section, or penalties or interest due on such taxes. For the purposes of this Section, the following terms have the following meanings: (1) Sales and use taxes include sales and use tax as provided in this Section including all penalties and interest due on said sales and use taxes. (2) Delinquent taxes do not include a tax liability if: a. An administrative or court action which contests the amount or validity of the liability has been filed or served; b. The appeal period to contest the tax liability has not expired; or c. The applicant has entered into a payment agreement and is current with the payments. (3) Applicant means an individual if the license is issued to or in the name of an individual, or a corporation, partnership, or other entity if the license is issued to or in the name of a corporation, partnership, or other entity. (4) A copy of the notice of delinquent taxes given to the City shall also be sent to the applicant taxpayer. In the case of renewal of a license, if the applicant requests a hearing in writing, within 30 days of the receipt of the notice of delinquent taxes, then a contested case hearing shall be held by the Commissioner under the same procedures as provided in Minn. Stat. § 270C.72 for the state sales and use tax imposed under Minn. Stat. Chapter 297A, provided that if a hearing must be held on the state sales and use tax, the hearings may be combined. (1) Effective date; transitional sales. Except as otherwise provided herein, the sales and use tax authorized by this Section shall apply to sales made on or after July 1, 2024 and shall be in addition to all other taxes now in effect. The sales and use tax is governed by Minn. Stat. Chapter 297A regarding sales that occur during the transition. SECTION 2 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of 12024. 3 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk S0 l 1 .1Water THE BIRTHPLACE OF MINNESOTA DATE: November 19, 2024 TO: Honorable Mayor and City Councilmembers FROM: Kori Land, City Attorney SUBJECT: Cannabis Businesses/Uses —Zoning and City Code 1st Reading BACKGROUND The Council held workshops on cannabis and lower -potency hemp edible uses on October 1 and on November 6 and provided direction on placement of these uses as well as on the City's registration process. The Planning Commission held a public hearing on the Zoning Ordinance amendments October 23 and recommended approval with several suggestions, which the Council subsequently discussed. Now the ordinances have been prepared for your consideration, which includes the repeal of the City's lower -potency licensing ordinance, initiating the registration process, and adopting the zoning regulations. There is a tangential ordinance to address odors and a there will be a modification to the Fee Schedule that will also need your consideration and approval next month. DISCUSSION Zoning Ordinance Amendments: State law created 13 cannabis and lower -potency edible businesses, but the zoning ordinance will refer to the uses instead of the business names. It is likely that a cannabis business with multiple operations such as micro or mezzo businesses will diversify operations, conducting cultivation, manufacturing, and retail on different properties, but under one OCM business license, therefore identifying the use that would be allowed on each property is more important than the business name. On the next page is a chart that identifies the uses in the zoning districts as directed by the Council. Other than lower -potency hemp edible beverages at off -sale exclusive liquor stores, all cannabis and lower -potency hemp edibles require a conditional use permit. Memo re Cannabis Council Workshop November 6, 2024 Page 2 Type of Cannabis AP CA CBD VC BPC BPO BPI PA PWD PROS HMU NC Use Lower -potency hemp edible beverages, retail P P P P P P P P P P associated with off - sale liquor Lower -potency hemp edible beverages, retail P P P associated with on - sale liquor Lower -potency hemp edible, retail (not associated CUP CUP CUP with on -sale or off - sale li uor Cannabis, retail CUP CUP CUP Cannabis manufacturing, production, processing, testing, CUP CUP wholesale with products and warehousing Lower -potency hemp edible beverages, CUP CUP manufacturing at brewery and distillery Cannabis, wholesale with no CUP CUP CUP product on -site Cannabis, cultivation CUP outdoor Cannabis, CUP CUP CUP cultivation indoor Buffer Zones for Cannabis Uses: • 1,000' between cannabis or lower -potency hemp edible uses • 1,000' from a school • 500' from a residential treatment facility • 1,000' from an attraction within a park used by minors • 200' from residential o 500' from residential for manufacturing, production, processing and warehousing of cannabis Memo re Cannabis Council Workshop November 6, 2024 Page 3 Buffer Zones for Lower -Potency Hemp Edible Retail Uses: • 1,000' between cannabis uses or lower -potency hemp edible uses (except off -sale) • No other distance restrictions patail I Ica Lower -Potency Hemp Edible Retail: Map 1 shows the Zoning Districts where lower - potency retail uses can be located. The star marks the location of the current business that has a license to sell lower -potency edibles. This business has a conditional use permit to sell lower -potency hemp edibles so no additional zoning approvals would be needed. If this businesses chooses to obtain a license from OCM, a 1,000' bubble would be placed around this location and no other cannabis or lower -potency hemp edible use could located within the bubble. Please note that any other existing lower -potency hemp edible use (i.e. off -sale brewery) that is inside a buffer bubble would be legal non -conforming and could continue to operate in its location. Cannabis Retail (Dispensaries): Map 2 shows the Zoning Districts where cannabis retail uses can be located. It shows the 1,000-foot buffer from schools and park attractions where minors congregate and a 200-foot buffer from residential properties. The areas outside of the bubbles are where the cannabis retail uses could be located. Lower -Potency Hemp Edible Beverages Retail: These beverages are currently allowed to be sold for off -sale only at exclusive liquor stores, and at breweries and distilleries that manufacture their own cannabis beverages. There are 41 on -sale liquor establishments, 7 off -sale exclusive liquor stores, 2 breweries and 2 distilleries, as shown on Map 3. The zoning districts for lower -potency beverages retail with an on -sale liquor license are shown in the BP-C, BP-O and BP -I. Map 4 reflects the on -sale establishments and the brewery that are located within the BP-C, BP-O and BP-1 and could sell these beverages for on -site consumption. The only buffer that would be applied is the 1,000-foot buffer between uses. It should be noted that River Siren has submitted a request to sell on -sale lower -potency hemp edible beverages in the Central Business District. Their letter is attached. Two things to note: It appears there is no insurance available for on -site consumption of lower - potency hemp edible beverages; the City is considering adopting a social district, which would allow the consumption of alcohol in a designated geographic area downtown. Introducing lower -potency hemp edible beverages within this same geographical area, which cannot leave the on -sale liquor premises, may be confusing for customers and difficult for law enforcement to monitor. Lower -Potency Hemp Edible Manufacturing, Processing, Warehousing or Cannabis Manufacturing, Processing, Warehousing: Map 5 shows the BP-1 and BP-O Zoning Districts for manufacturing/industrial-type uses with the other buffers zones but it increases to a 500- foot buffer from residential. Memo re Cannabis Council Workshop November 6, 2024 Page 4 Not shown on this map, but an important reminder is that we allow lower -potency hemp edible manufacturing and off -sale in the Central Business District without buffers. The reason this is allowed is because breweries and distilleries are allowed in the Central Business District and the manufacturing process of these beverages can be part of a brewery or distillery business. Since it is a liquid -to -liquid process it should cause no offensive odors or other nuisance related activity. Cultivation. Map 6 shows of the areas where indoor or outdoor cultivation can occur, which has no buffers, except for a 1,000-foot buffer between cannabis uses. Indoor cultivation is also allowed in the BP-1 and BP-O. City Code Amendments: We currently have a licensing requirement for lower -potency hemp edible retail businesses. This ordinance will be repealed.' With the new licensing process outlined in state law, the City is only allowed to register lower -potency hemp edible uses and cannabis uses. Pursuant to Minnesota's new laws, a "Cannabis Business" means any of the following- 1 . Cannabis microbusiness (commonly known as "seed to sale"). It includes cultivation manufacturing, retail and on -site consumption, which can be at one location or at multiple locations issued to one license -holder. 2. Cannabis mezzobusiness (larger scale than microbusiness). It includes cultivation manufacturing, retail at up to 3 locations and on -site consumption, issued to one license -holder. 3. Cannabis cultivator 4. Cannabis manufacturer 5. Cannabis retailer 6. Cannabis wholesaler 7. Cannabis transporter 8. Cannabis testing facility 9. Cannabis event organizer 10. Cannabis delivery service 11. Lower -potency hemp edible manufacturing 12. Lower -potency hemp edible retailer 13. Medical cannabis combination business. Application Process: The state law requires that a registration application must be approved by the City if the applicant meets certain criteria: 1. Is in compliance with this chapter and all zoning requirements; Because the one existing business currently has a license with the City and OCM will not be issuing its licenses until later in 2025, we will need to address the gap period by resolution upon final reading of the ordinances. Memo re Cannabis Council Workshop November 6, 2024 Page 5 2. Has paid the registration fee; 3. Is current on all property taxes and assessments; 4. Has a State License issued by OCM for the business being negotiated; and 5. Is current on payment of all other City fees and charges. A few nuances about the registration ordinance: Unlike City licenses, the City is not allowed to conduct a background investigation on the applicants; the registration term will run concurrently with the State's license, which will be upon issuance as opposed to a calendar year and must be renewed annually causing some tracking challenges for the City Clerk; like licenses, registrations will not be transferrable from person to person or from place to place so a new application will be required for a change in ownership or change in location. Compliance checks will be conducted annually for all lower -potency hemp edible and beverage retail and cannabis retail businesses. Penalties for violations of underage sales is up to $2,000 per violation. For health or safety violations, no financial penalty can be imposed but the City can suspend the business registration for up to 30 days. The OCM will conduct an investigation and will make a determination to either rescind the suspension or revoke the license. The City will not be able to unilaterally revoke a registration for a violation of the City Code or State Law. Cap on Cannabis Retail: The City is allowed to cap the number of cannabis retail businesses (dispensary, microbusiness with retail endorsement, mezzobusiness with retail endorsement) at 1 per every 12,500 residents. According to the State Demographer in 2022, the City of Stillwater had a population of 19,425 residents (=1 retail license is required). The cap would only apply to "adult -use" cannabis retail and would not limit the number of lower -potency hemp edible retailers, beverages or medical cannabis combination retailers or any other cannabis uses. Event Organizers. - The City cannot require Event Organizers to register with the City, but all cannabis Event Organizers must receive Council approval for each special event, so we added provisions for approval of cannabis and lower -potency hemp edible special event permits. These special event permits apply to both special events that only have cannabis and lower - potency hemp edible vendors (i.e. "Weed Dabbler") as well as any event at which a cannabis or lower -potency hemp edible vendor wants to participate. In other words, a cannabis or lower -potency hemp edible vendor cannot show up unannounced at a special event. The ordinance requires cannabis events to take place on private property. OCM will be issuing licenses for special event organizers and has very specific statutory submission requirements about the logistics of each event. However, proof of City approval is required before OCM will issue a special event license. Therefore, the event organizer must come to the City first. The ordinance requires the same information that will be Memo re Cannabis Council Workshop November 6, 2024 Page 6 submitted to OCM so that the City can review the plan before it is submitted to OCM to ensure it will be a safe and enjoyable event for the community. The submission requirements in the ordinance are nearly identical to the statutory requirements regarding asking for the location of the event, including a diagram and layout showing vendor areas, retail areas, consumption areas, product and waste storage, a list of all the vendors, the dates and hours of the event, the requirement for contracted security and other provisions. The City is also requiring insurance for on -site consumption and payment of an escrow fee to recover any City expenses incurred during the event, if necessary. (additional police security, additional barricades to control the consumption area, etc.) Fees: The City will require all cannabis and lower -potency hemp edible businesses to register with the City. Each business will pay a registration fee pursuant to the capped state regulations as shown on the attached Fee Table. As you can see, the City can only collect half of the fee that the State collects, but it cannot exceed $500 for an initial application and $1,000 for a renewal. We will add a permit fee and escrow for cannabis special events. The Fee Schedule will include these fees when it is considered next month. Odor Ordinance Cannabis and lower -potency hemp edible uses cannot be a nuisance and one of the nuisances that has been identified is odor. The cultivation and storage of cannabis as well as the manufacturing process have unique and offensive odors. However, so as not to single -out cannabis uses, we have prepared an odor ordinance that will apply to any odor in the city. The ordinance is based on an ordinance that was recently upheld by the Federal Court of Appeals as being Constitutional and non-discriminatory. It has objective measuring standards, specific criteria for when odor becomes a nuisance and penalties to address businesses that have unresolved odor issues. ACTION REQUESTED Consider approving the First Reading of the Cannabis and Lower -Potency Hemp Edible Zoning Ordinance Amendments, City Code Registration Amendments, and the Odor Ordinance Attachments: Map 1 — Lower Potency Hemp Edible Retail Sales Map 2 — Adult use Retail Sales and wholesale products with buffer zones Map 3 — On -sale and off -sale liquor locations Map 4 — On -sale and Off -Sale for Lower -Potency Hemp Edible Beverages Map 5 — Manufacturing, production, processing, testing of cannabis with buffers Map 6 — Cultivation Fee Table Zoning Ordinance Amendment Registration Ordinance Amendment Odor Ordinance Amendment Letter from River Siren Memo re Cannabis Council Workshop November 6, 2024 Page 7 MAP —, Lower Potency Retail Sales (Excluding Beverages) October 2024 Map 1 a � ' o Wld,—Lane z6m a o Orleafs Sheet Wn<I _ f;•_� S 1 ❑ rMiles • , � � � � +rx are .A _ � /'{ _ r .fiBp nu m i a e P m ,90, r 1 1116 t l26 Ira v ,eo, - 2001 t13 � IBa6 146 1rM 1e'G Ilortiel� - f 9 �, V 0 _ - l ffii6 - 16W fe)5 uuxryvax 9 _ 19.6g m..er Dlme - sn.n-Dliie It Frontage Rcad t Z t ? Y m �} Cannabis Business Zoning Districts Parcels BPC: Business Park - Commercial City Boundary BPI,BusinessPark- Industrial Feet BPO: Business Park - Office °0 1'0�� T urrot ort Memo reCannabis Council Workshop November 0.2024 Page water -1 Adult Use Retail Soles&VVho|esahsProdwctswithBvfferZonas Map 2 Cannabis Business F-1 Parcels School Buffer (1,000 ft) Zoning Districts Residential Buffer (200 ft) 111111110 BPC: Business Park - Commercial Park Amenities BPI: Business Park - Industrial Park Amenities Buffer (1,000 ft) 111111110 BPO: Business Park - Office F...�Feet City Boundary 0 1,000 Memo re Cannabis Council Workshop November 6, 2024 Page 9 h MAP 3 Map 3 V "'f= On -Sale & Off -Sale Liquor Locations a � x .41 a.m.x P 3 ♦♦ 66 Fast Mik October 2024 License Type ` Cocktail Room w/MicroDistil ery (2) O Micro Distillery Off Sale (2) O Brewer OR Sale (2) Off Sole (10) Club On Sale (1) On Sale (40) Tap Room On Sale (2) �. i C iAomi.Ii Memo re Cannabis Council Workshop November 6, 2024 Page 10 I MAP 4 641 Map 4 On -Sale & Off -Sale Liquor Locations in BP-C, 13P-1, & BP-0 October 2024 License Type Tap Room On Sale (1) A Micro Distillery Off Sale (2) 0 BPC: Business Park - Commercial Brewer Off Sale (2) BPI: Business Park - Industrial __1 t Off Sale (10) On Sale f4) BPO: Business Park -Office A tFT" I A 9 A I G 5,000 0 560 Memo re Cannabis Council Workshop November 6, 2024 Page 11 MAP 5 Cultivator, Micro, Mezzo, Manufacturing with Buffers October 2024 J 1L WUI tn., L.Odeans - S.— W— U 17w c— c. T.— E661 F,U, Road W-1 +Qhw y Map 5 60th-l—N.0h -------------- • ParkAmenities Parcels Cannabis Business M City Boundary F— I School Buffer (1,000 ft) Zoning Districts BS Park Amenities Buffer (1,000 ft) PI: Business Park -Industrial Residential Zone Buffer (500 ft) BPO: Business Park - Office = Feet 0 1,000 Memo re Cannabis Council Workshop November 6, 2024 Page 12 MAP 6 Map 6 Cannabis Cultivator Only October 2024 O Acceptable Cultivation Parcel (�=20 acres) City Features r City Hall Fire Department Green Spaces Waterbodies 'ek ISAADIENT ROSALIE ATRS 62 63 LAKEV EW MEMORIAL HOSPITAL ASSOC INC 0 5,000 Feet -Mfle A 0 1 Owner Name Acres GAMENT ROSALIE A TRS 29.26 LAKEVIEW MEMORIAL 63.83 HOSPITALASSOC INC OCM app fee OCM Lic Fee OCM Renewal Fee City Reg Fee City Cap Reg Fee City Renewal Fee City Cap Renewal Fee Cannabis Microbusiness $ 500 $ - $ 2,000 $ - $ - $ 1,000 $ 1,000 Cannabis Mezzobusiness $ 5,000 $ 5,000 $ 10,000 $ 2,500 $ 500 $ 5,000 $ 1,000 Cannabis Cultivator $ 10,000 $ 20,000 $ 30,000 $ 10,000 $ 500 $ 15,000 $ 1,000 Cannabis Manufacturer $ 10,000 $ 10,000 $ 20,000 $ 5,000 $ 500 $ 10,000 $ 1,000 Cannabis Retailer $ 2,500 $ 2,500 $ 5,000 $ 1,250 $ 500 $ 2,500 $ 1,000 Cannabis Wholesaler $ 5,000 $ 5,000 $ 10,000 $ 2,500 $ 500 $ 5,000 $ 1,000 Cannabis Transporter $ 250 $ 500 $ 1,000 $ 250 $ 250 $ 500 $ 500 Cannabis Testing Facility $ 5,000 $ 5,000 $ 10,000 $ 2,500 $ 500 $ 5,000 $ 1,000 Cannabis Delivery Service $ 250 $ 500 $ 1,000 $ 250 $ 250 $ 500 $ 500 Cannabis Event Organizer Permit $ 750 $ 750 $ - $500/$5,000 escrow $ - $ - Lower -Potency Hemp Edible Manufacturer $ 250 $ 1,000 $ 1,000 $ 500 $ 500 $ 500 $ 500 Lower -Potency Hemp Edible Retailer $ 250 $ 250 $ 250 $ 125 $ 125 $ 125 $ 125 Medical Cannabis Combination $ 10,000 $ 20,000 $ 70,000 $ 10,000 $ 500 $ 35,000 $ 1,000 City of Stillwater Washington County, Minnesota ORDINANCE NO. XXXX AN ORDINANCE AMENDING CHAPTER 28, REGARDING CANNABIS BUSINESS PERFORMANCE STANDARDS OF THE CITY CODE OF THE CITY OF STILLWATER The City Council of the City of Stillwater does ordain: SECTION 1 REPEALING That the Stillwater City Code Article V Section 28-354 is hereby repealed. SECTION 2 ENACTING. That the Stillwater City Code Article V Section 28-390 is hereby enacted as follows: Sec. 28-390. — Cannabis -related uses. (a) Purpose. The purpose of this chapter is to implement the provisions of Minnesota Statutes Chapter 342 to allow cannabis and lower -potency hemp edible uses within the City. The Municipal Planning Act provides specific authority for cities to protect and promote the public health, safety, morals and welfare of residents through zoning ordinances, including the regulations surrounding the uses of buildings, structures and land. Cities are further authorized to establish standards and procedures regulating such uses. The purpose and intent of this chapter is to allow the incorporation of cannabis and lower -potency hemp edible uses into the City while protecting existing land uses and properties from any detrimental impacts. (b) In addition to the requirements for each zoning district, cannabis and lower - potency hemp edible uses must comply with the performance standards in this Chapter. (c) Definitions. Unless otherwise noted in this section, words, terms, and phrases found in the definitions of Minnesota Statutes Section 342.01, or as amended, apply, unless otherwise noted or except where the context clearly indicates a different meaning. In addition, the following definitions apply: Cannabis Business means any of the following businesses: (1) Cannabis microbusiness; (2) Cannabis mezzobusiness; (3) Cannabis cultivator; (4) Cannabis manufacturer; (5) Cannabis retailer; (6) Cannabis wholesaler; (7) Cannabis transporter; (8) Cannabis testing facility; (9) Cannabis event organizer; (10)Cannabis delivery service; (11)Lower-potency hemp edible manufacturing; (12)Lower-potency hemp edible retailer; or (13)Medical cannabis combination business. Cannabis Use or Cannabis Industry means every item, product, person, process, action, business, or other thing related to cannabis flower and cannabis products. Day care means any location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. Office of Cannabis Management or OCM means Minnesota Office of Cannabis Management. Residential treatment facility means a 24-hour-a-day program under the treatment supervision of a mental health professional, in a community residential setting other than an acute care hospital or regional treatment center inpatient unit, that must be licensed as a residential treatment program for adults with mental illness under chapter 2451, Minnesota Rules, parts 9520.0500 to 9520.0670, or other rules adopted by the commissioner. School means public school as defined in Minnesota Statutes Section 120A.05 or nonpublic school that meets the reporting requirements under Minnesota Statutes Section 120A.24. State License means an approved license issued by the Minnesota Office of Cannabis Management to a cannabis retail business. (d) Outdoor cultivation. Any cannabis use that includes outdoor cultivation must comply with the following: (1) A minimum of twenty (20) contiguous acres is required. (2) The crops must be setback a minimum of three hundred feet (300') from the property lines. (3) There must be fencing of six feet (6') around the perimeter and a landscaped or screened buffer is required to be placed outside of the fence but within the setback area, which may consist of a berm, trees, or combination thereof. (4) The crops cannot be visible from any public right of way. (5) No retail sales shall be allowed at the same location as any business with an outdoor cultivation business license. (e) Indoor cultivation. Any cannabis or lower -potency hemp cultivation that involves indoor cultivation, such as but not limited to enclosed buildings, greenhouses, and hoop houses, must comply with the following: (1) A minimum of twenty (20) contiguous acres is required. (2) Interior lighting restrictions within any greenhouse or hoop house shall be part of the conditional use permit. Exterior lighting shall comply with City Code Chapter 28, Article V, Division 3. (f) Manufacturing, production, testing or processing of cannabis or wholesale (if products stored on site). Must comply with the following performance standards: 2 (1) No exterior storage is allowed, including storage of products in semis or trailers that are parked outside of an enclosed building. (2) All mechanical, odor suppression equipment and trash enclosures must comply with City Code Section 10-147 and Chapter 22, Article IV. (g) Performance standards for all cannabis uses. (1) Hours of operation for retail sales of cannabis or lower -potency hemp edible products are permitted from 10:00 a.m. to 9:00 p.m., seven days a week. Retail sales of lower -potency beverages at on -sale intoxicating liquor establishments or off -sale exclusive liquor stores with a valid City registration and State license are permitted during the hours of operation associated with the intoxicating liquor establishment. (2) On -sale intoxicating liquor establishments and off -sale exclusive liquor stores with a current lower -potency hemp edible City registration and a State license may sell lower -potency hemp edible beverages but not other lower -potency hemp edible products. (3) No cannabis or lower -potency hemp edible use shall be permitted as part of any Adult Use Establishment, as defined in City Code Section 6-42. (4) No retail sales are allowed in the A-P zoning district. (5) No on -site consumption is allowed in the AP-P zoning district. (6) Cannabis and lower -potency hemp edible uses shall not violate City Code Chapter 10 regarding nuisances. The City may require odor suppression or mitigation requirements as part of the conditional use permit. (7) Distance restrictions. Distances from a cannabis or lower -potency hemp edible use are measured from the storefront of a retail cannabis or lower -potency hemp edible retail use and from the property line of all other cannabis or lower -potency hemp edible uses. a. There must be at least one thousand feet (1,000') between each cannabis or lower -potency hemp edible use. b. The location of all cannabis uses must comply with the following: 1. More than one thousand feet (1,000') from a school as measured from property line of the school to the cannabis business; 2. More than five hundred feet (500') from a residential treatment facility, as measured from the property line of the facility to the cannabis business; 3. More than five hundred feet (500') from an attraction within a public park that is regularly used by minors, such as, but not limited to a playground, athletic field, athletic court, picnic area or restrooms, pavilion or park building, disc golf features, as each is measured from the location of the public park attraction to the cannabis business. 4. A cannabis business shall not be closer than two hundred feet (200') from a residential zoning district, as measured from the property line of the residential zoning district to the cannabis business, unless a larger setback is required in this Chapter. 3 c. Outdoor and indoor cultivation must be more than one thousand feet (1,000') from a residential zoning district or residential use as measured from the cannabis use property line to the property line of the nearest residential zoning district or residential use. d. Manufacturing, production, testing, or processing of cannabis or wholesale (if products stored on -site) must be setback a minimum of one thousand feet (1,000') from a residential zoning district or residential use as measured from the cannabis use property line to the property line of the nearest residential zoning district or residential use. e. Exemptions to distance restrictions. 1. Lower -potency hemp edible retail businesses must comply with City Code Section 28-390 (e)(6)a., however, they are exempt from the distance restrictions in City Code Section 28-390 (e)(6)b. 2. On -sale intoxicating liquor establishments and off -sale exclusive liquor stores with a valid lower -potency hemp edible City registration and a State license are exempt from the distance restrictions in City Code Section 28- 390 (e)(6)a and(e)(6)b. and their business does not count against other cannabis businesses for purposes of the distance restrictions from another cannabis business in City Code Section 28-390 (e)(6)a. (8) Signs must comply with the standards in City Code Section 28-348 for the relevant zoning district in which the business is located, except for the following: a. No cannabis business shall have more than two (2) signs; and b. Blinking, moving, and flashing signs that are visible from the exterior of the building are prohibited; c. No lower -potency hemp edible use shall advertise the lower -potency hemp edible products on more than one (1) exterior sign; and d. No interior sign shall be visible from the exterior of the building. (9) Cannabis uses must meet the minimum parking requirements for each type of use as stated in City Code Section 28-349, for example, retail must meet the retail requirements, manufacturing must meet the manufacturing parking requirements. If there is a combination of cannabis uses at the same location, the use that requires the largest number of spaces must be met. (10) A security plan must be submitted to and approved by Police Department addressing how the business will protect the public health, safety, and welfare. The security plan must include, but is not limited to addressing issues surrounding parking, traffic, securing of monetary transactions, building security and alarm systems both internal and external, screening, lighting, window and door placement, landscaping, age verification devices, and hours of operation. SECTION 3 AMENDING. That the Stillwater City Code Article III Section 28-193 is hereby amended to remove the Growing of Industrial Hemp from the Use Table and to add the following use to the Table accordingly: Il Sec. 28-193. — Allowable uses in residential districts. Type of Cannabis Business A-P CA CBD VC BPC BPO BPI PA PWD PROS HMU NC Cultivator only (indoor or outdoor) (not CUP micro, mezzo, or medical combo) SECTION 4 AMENDING. That the Stillwater City Code Article III Section 28-236 is hereby amended to remove the following uses from the Use Table: CBD Retail Establishments, nonintoxicating 2. CBD Retail Establishments, intoxicating 3. Medical cannabis distribution facility 4. Medical cannabis laboratories; And to add the following uses to the Table accordingly: Sec. 28-236. — Allowable uses in nonresidential districts. Type of Cannabis A-P CA CBD VC BPC BPO BPI PA PWD PROS HMU NC Business Low potency edible retail (on -sale or P P P P P P P P off -sale liquor) Low potency edible retail (not with on - sale or off -sale CUP CUP CUP liquor) Adult Use Cannabis retail (not inc. CUP CUP CUP micro, mezzo, medical combo) Micro, Mezzo, Transporter, Testing, Medical CUP CUP Combo, Wholesale with product on - site Manufacturing Cannabis (brewery, CUP distillery) Wholesale with no CUP CUP CUP product on -site 5 SECTION 5 SAVING. In all other ways, the Stillwater City Code shall remain in full force and effect. SECTION 6 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 text amendment adopted by the Stillwater City Council on , 2024 amends cannabis business uses and performance standards in residential and nonresidential districts to include cannabis businesses in accordance with Minnesota State Statutes Sections 342 and 151.72. Adopted by the City Council of the City of Stillwater this day of 2024. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor Al City of Stillwater Washington County, Minnesota ORDINANCE NO. XXX AN ORDINANCE REPEALING AND REPLACING CHAPTER 6, ARTICLE IV OF THE STILLWATER CITY CODE OF THE CITY OF STILLWATER REGARDING CANNABIS AND LOWER -POTENCY HEMP EDIBLE BUSINESS REGISTRATION The City Council of the City of Stillwater does ordain: SECTION 1 REPEAL AND REPLACE. Chapter 6, Article IV of the Stillwater City Code is hereby repealed and replaced as follows: ARTICLE IV. — CANNABIS AND LOWER -POTENCY HEMP EDIBLE BUSINESS REGISTRATION Sec. 6-127. — Purpose. The purpose of this chapter is to implement the provisions of Minnesota Statutes Chapter 342, which authorizes cities to protect the public health, safety, and welfare of residents by regulating cannabis and lower -potency hemp edible businesses within its jurisdiction. Sec. 6-128. — Definitions. Unless otherwise noted in this section, words, terms, and phrases found in the definitions of Minnesota Statutes Section 342.01, or as amended, apply, unless otherwise noted or except where the context clearly indicates a different meaning. In addition, the following definitions apply: Cannabis Event means a temporary event organized by a Cannabis Event Organizer at which cannabis or lower -potency hemp edible products are displayed or sold by vendors. Such Cannabis Event may be comprised solely of cannabis and lower -potency hemp edible vendors or may be part of a larger event at which cannabis and lower -potency hemp edible vendors intend to participate. Office of Cannabis Management or OCM means Minnesota Office of Cannabis Management. State License means an approved license issued by the Minnesota Office of Cannabis Management to a cannabis retail business. Sec. 6-129. — Cannabis Retail Sales Registration Required. Before operating any business within the City that is licensed by OCM, the business must register with the City. Applications shall be submitted on the forms provided by the City Clerk, and all applicants shall comply with the process below. All applications shall be considered and approved or denied by the City Council. Sec. 6-130. — Cap on Registrations. The City will not issue more than one (1) cannabis retail registration per 12,500 residents, as determined by the most recent state demographer's estimate. This cap on registrations does not apply to a medical cannabis combination business or a lower -potency hemp edible retailer. Sec. 6-131. —Application Process. All applicants must: (a) Complete the registration form provided by the City; (b) Pay the non-refundable registration fee for each type of retail license for which the business is applying; and (c) Provide a copy of all State Licenses issued by OCM. Sec. 6-132. —Fees. (a) No registration shall be issued under this chapter until the appropriate fees are paid in full. The fee for a registration under this chapter shall be set in the City's Fee Schedule. (b) All fees are nonrefundable and shall not be pro -rated. (c) At the time of the initial registration, the initial registration fee and the renewal fee shall be due and payable. (d) For the first renewal of the registration, no additional registration fee shall be required. Beginning with the second renewal, and each subsequent renewal thereafter, the renewal registration fee shall be paid at the time of renewal. Sec. 6-133. —Approval. The City Council must take action on each new and renewal registration application within a reasonable time following receipt of the recommendation from City staff regarding the application. At the City Council meeting at which the application is considered, the registration will be approved by the City Council if the applicant: (a) Is in compliance with this chapter and all zoning requirements; (b) Has paid the registration fee; (c) Is current on all property taxes and assessments; (d) Has a State License issued by OCM for the business being requested; and (e) Is current on payment of all other City fees and charges. Sec. 6-134. — Exceptions — Cannabis Event Organizer. No registration shall be required for an Event Organizer licensed by OCM who intends to conduct a Cannabis Event within the City; however, each Cannabis Event must be approved by the City Council through a Cannabis Event permit. The Council may add reasonable conditions to the permit, may reduce the number of days for the event, prohibit outdoor activity and/or restrict or prohibit on -site consumption, in order to protect the public health, safety, and general welfare. The Event Organizer shall submit an application as provided by the City Clerk. The cannabis event permit application shall include: (a) A copy of the Event Organizer's license by OCM or a copy of the license application submitted to OCM; (b) Payment of the permit and escrow fees; 2 (c) The location, including address, Property Identification Numbers and ownership information of the property upon which the Cannabis Event is proposed to take place, including a diagram of the physical layout of the event, all entrances and exits that will be used by cannabis participants and vendors, the consumption areas, retail sales areas, location where cannabis waste will be stored and where any cannabis products will be stored. No cannabis event will be permitted on public property or in a public park; (d) If the Cannabis Event is part of a larger event, signed consent from the organization sponsoring the larger event; (e) A list of the names, number, and type of cannabis businesses and lower -potency hemp edible businesses that will sell cannabis and lower -potency hemp products; (f) A sworn statement that the Event Organizer is responsible for and will comply with the operational requirements imposed by the permit, state law, including Minn. Stat Section 342.40 subd. 7 and any regulatory rules applicable to the Cannabis Event; (g) The dates and hours of the Cannabis Event (may be up to 4 consecutive days); (h) A security plan that has been approved by the Police Chief, including the name of the contracted licensed security personnel that complies with Minn. State. Section 342.40 subd. 3; (i) If on -site consumption is proposed, a detailed plan for complying with Minn. Stat. Section 342.40 subd. 8 regarding such activity. The City Council may approve or deny on -site consumption of cannabis as part of the permit in its sole discretion, based on the circumstances of the specific cannabis event requested. If approved, the Event Organizer shall provide a copy of an insurance certificate for the Cannabis Event issued by an insurance company authorized to do business in the State of Minnesota, with coverage of at least $50,000 per person and $100,000 per occurrence; and (j) Payment of an escrow fee for any expenses that may be incurred by the city during the Cannabis Event. Any unused escrow will be returned to the applicant following an accounting of expenses incurred by the City during the Cannabis Event. The Event Organizer shall be responsible for any costs incurred by the City that exceed the escrow amount. Sec. 6-135. —Renewal Process. (a) Registration renewals are issued in the same manner and subject to the same conditions as a new registration application. A business shall apply to renew its registration on a form established by the City. (b) Before renewing a registration, the City may enter and inspect the business to ensure that the business is in compliance with this chapter, the zoning ordinance, and state laws. Sec. 6-136. — Registration Term. The registration term shall be consistent and concurrent with the applicant's State License for commencement and expiration or termination. 3 Sec. 6-137. — Premises Covered by Registration. Unless otherwise authorized by this Code, the registration for the cannabis or lower - potency hemp edible business is only effective for the compact and contiguous space specified in the approved registration application. Sec. 6-138. — No transfer or Assignment of Registration or Location. A registered cannabis or lower -potency hemp edible business shall not transfer or assign a registration to another person or entity or move to a different location without completing a new application and paying the appropriate fees. Sec. 6-139. — Prohibited Acts. The owner or operator of a cannabis or lower -potency hemp edible business is responsible for the conduct of their place of business and the conditions of order in it. The act of an employee of the premises is deemed the act of the owner or operator as well, and the owner or operator is responsible for all penalties provided by this chapter equally with the employee. (a) It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any cannabis or lower -potency hemp edible product to any person under the age of twenty-one (21), including cannabinoids derived from hemp. (b) It shall be unlawful for any person under the age of twenty-one (21) to possess any cannabis or lower -potency hemp edible product. This chapter shall not apply to persons under the age of twenty-one (21) lawfully involved in a compliance check, including cannabinoids derived from hemp. (c) It shall be unlawful for any person under the age of twenty-one (21) to use or consume any cannabis or lower -potency hemp edible product unless it is legally authorized medical cannabis. (d) It shall be unlawful for any person under the age of twenty-one (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 in 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 cannabis or lower -potency hemp edible product. (e) No cannabis or lower -potency hemp edible product may be sold to an obviously intoxicated person or a person under the influence of a controlled substance. (f) No one under the age of twenty-one (21) shall sell cannabis. (g) Cannabis cannot be sold in vending machines, through a drive -through window, or as part of a home occupation. (h) On -site consumption is prohibited except for lower -potency hemp products that are consumed as a beverage. (i) It shall be unlawful to sell, purchase, obtain, or otherwise provide cannabis or lower -potency hemp edible products with Delta-10 THC. (j) No retail cannabis or lower -potency hemp edible product shall be visible from the exterior of the building. Il Sec. 6-140. — Compliance Checks and Inspections. All registered businesses 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 will conduct compliance checks on retail businesses by engaging persons between the ages of seventeen (17) and twenty-one (21) years, to enter the premises to attempt to purchase products. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of cannabis or lower - potency hemp edible 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 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. Sec. 6-141. —Violations. (a) Civil Penalties. If the City determines that a registered business made a sale to a customer or patient without a valid retail registration, the City may impose a civil penalty of up to $2,000 for each violation. (b) Suspension. If the City determines that a business with a registration is not operating in compliance with the City Code or zoning ordinance, or that the operation of the business poses an immediate threat to the health or safety of the public, the City, through the Police Chief, may immediately suspend the registration for up to thirty (30) days. The City will notify the business and the OCM in writing of the suspension, stating the grounds for the suspension. The OCM will investigate and may extend the period of suspension, revoke the registration, or order the reinstatement of the registration, or take any other action described in Minnesota Statutes Section 342.19 or 342.21. SECTION 2 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Adopted by the City Council of the City of Stillwater this day of November, 2024 CITY OF STILLWATER Ted Kozlowski, Mayor ATTEST: Beth Wolf, City Clerk City of Stillwater Washington County, Minnesota ORDINANCE NO. XXX AN ORDINANCE ENACTING CHAPTER 10, ARTICLE II, DIVISION 7 OF THE STILLWATER CITY CODE OF THE CITY OF STILLWATER REGARDING ODORS AS PUBLIC NUISANCES The City Council of the City of Stillwater does ordain: SECTION 1 ENACTMENT. Section 10-147 of the Stillwater City Code is hereby enacted as follows: Sec. 10-147. —Odors (a) Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meaning ascribed to them in this section, except there the context clearly indicates a different meaning. Best Practicable Odor Control Technology. The utilization of those technologies, processes, procedures, or operating methods by an industry, facility, or source which results in the most cost-effective means of mitigation of odors from an odor emission point source. City Administrator. The Stillwater City Administrator or his or her designee. City Engineer. The Stillwater City Engineer or his or her designee. Initial Test or Initial Testing. An odor test or series of tests conducted in order to establish a baseline odor level. Nasal Ranger®. The Nasal Ranger® Field Olfactometer, a portable odor detecting and measuring device developed by St. Croix Sensory or such comparable device or technology that is approved by the City Council. Odor. That which produces a response of the human sense of smell to an odorous substance. Odor Management Plan. A plan submitted by an industry, facility, or source to the City. Odor Complaint. A notification received by the City from a person who identifies his or her name and address and the location, description, and duration of the odor. The release of such information regarding the identity of the complainant is governed by the Minn. Stat. Ch. 13, and the Minnesota Government Data Practices Act. Odor Emission. The release of offensive gases, fumes, and vapors into the atmosphere by an industry, facility, or source which is determined by the City Administrator to cause unreasonable injury, nuisance, or annoyance to the public. Owner. The owner, operator, occupant, tenant, or other person who is responsible for any operation, business, or profession, or who exercises control over real property. Property. Any real property, premises, structure, or location within the City. Significant Odor Generator. An industry, facility, or source that generates seven verifiable odor complaints in a six-month period or that the City Engineer has determined the industry, facility, or source is the cause of odor emissions resulting in significant odor complaints. Verified Odor Complaint. That the City Administrator has confirmed the industry, facility or source of the odor emission that precipitated the complaint, by using the Nasal Ranger® to detect and measure odor. A dilution -to -threshold ratio as measured by the Nasal Ranger® of seven odor units or above (or such comparable measurements for a different device or technology that is approved by the City Council) is deemed to be a verified odor complaint. (b) It shall be unlawful for any owner of property located within the City to cause or allow odor emissions that: (1) Create odors or smells which are offensive or obnoxious to another person within the City; (2) Create a detrimental effect on the property of another person in the City; or (3) Unreasonably interfere with the enjoyment of life, health, safety, peace, comfort, or property of another person in the City. (c) Odor Testing. Odor testing may be conducted by the City or its independent consultant on any property that may be a potential odor source. Testing may be conducted based on complaints or based on a planned odor monitoring study. (d) Designation as a significant odor generator. After reviewing the results of odor testing, if the property produces odor emissions that generate seven verifiable odor complaints in a six-month period, the City Administrator may determine that a property shall be designated as a significant odor generator and shall notify the property owner of the designation. (e) Appeal. Any property that is designated as a significant odor generator may file an appeal in writing by following the process contained in City Code Section 2-236. The hearing officer's decision is final and may only be appealed to the Minnesota Court of Appeals. (f) Odor management plan. (1) If the property is designated as a significant odor generator, then within 90 days of notice of designation by the City Administrator, the property owner shall work with the City Administrator to develop an odor management plan using the best practicable odor control technology in order to mitigate and comply with this ordinance. The City Administrator may grant an extension for up to an additional 90 days to submit the odor management plan, upon sufficient evidence and cause for such extension. The odor management plan shall: a. Identify and explain the odor source(s); b. Describe the best practicable odor technology to manage the odors generated; c. Provide a detailed plan on any proposed operational changes to the existing odor control equipment in order to control and mitigate the odors being generated; 2 d. Establish a timeline for development and implementation of any engineer - approved treatment technology, which includes monitoring instrumentation and equipment to ensure future compliance; and e. Be kept on file with the City. (g) Compliance. (1) Compliance shall be achieved when the property owner has completed the installation, start-up, and operation of the best practicable odor control technology in accordance with the odor management plan and follow-up testing has determined the results have significantly improved since the initial test. (2) At such time that the property has achieved compliance with the odor management plan and has received no verifiable odor complaints for a period of 12 months, the property shall be removed from the significant odor generator classification. (h) Non-compliance. If the City Administrator determines after follow-up testing that the results at the property have not improved, or if odor complaints continue, the property owner shall be required to meet with the City Administrator on at least a quarterly basis to develop a new odor management plan. Such meetings and follow-up testing shall continue until the City Administrator determines that the results at the property have improved. If non-compliance continues for a period of 12 months, the City may impose penalties pursuant to this chapter. (i) Re-classification as a significant odor generator. A property that was previously classified as a significant odor generator but was removed from the classification due to compliance may be re-classified as a significant odor generator if it generates three verifiable odor complaints in a 90-day period. It shall then be required to comply with section F. establishing a new odor management plan and section H. requiring quarterly meetings. A property re-classified as a significant odor generator will not be removed from the classification until it meets the compliance requirements in section G. Q) Penalty. Failure to comply with the requirements in this section or failure to meet the obligations contained in the odor management plan, unless the failures are determined by the City Administrator to be beyond the control of the significant odor generator or the result of an accident or unexpected and unforeseen events, shall result in a criminal citation or the City may pursue any other legal or equitable remedies available to the City. In addition, any follow-up testing required due to compliance failure shall be paid for by the property owner. 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 Nuisances Chapter 10 of the Stillwater City Code is to be amended by adding Section 10-147, Odors. SECTION 3 EFFECTIVE DATE. This Ordinance shall be effective after its passage and publication according to law. Q Adopted by the City Council of the City of Stillwater this day of November, 2024. ATTEST: Beth Wolf, City Clerk CITY OF STILLWATER Ted Kozlowski, Mayor ll Subject: River Siren Brewing Co. Support for Including Low -Dose THC Beverage Sales in CBD Zoning Dear City Clerk and City Council Members, I am writing on behalf of River Siren Brewing Co. to share our support for the inclusion of the Central Business District (CBD) in the zoning for on -sale low -dose THC beverages. This addition would bring substantial benefits to Stillwater and align with Minnesota's recent legislative updates, specifically under MN Statute 151.72. Our brewery has taken every step to ensure compliance with state law and to provide a safe, controlled environment for the responsible sale of THC beverages. To clarify any confusion surrounding these products, here is a brief explanation of the difference between low -dose hemp -derived THC and Adult -Use cannabis as outlined by Minnesota law: Low -Dose Hemp -Derived THC Under MN Statute 151.72, hemp -derived THC products, also known as "edible cannabinoid products," are derived from hemp, defined by law as cannabis plants containing less than 0.3% THC by dry weight. The law allows the sale of these products in low -dose form —no more than 5 mg of THC per serving and 50 mg per package. These products are intended to offer mild effects and are tightly regulated for safety, potency, and labeling. Minnesota permits the on -sale of these products by licensed breweries like River Siren, allowing for a controlled, safe environment for responsible consumption. Key Points: • Derived from hemp (under 0.3% THC by dry weight) • Contains no more than 5 mg THC per serving, 50 mg per package • Regulated for potency, safety, and transparency • Allowed on -sale at licensed breweries without requiring a cannabis -specific license Adult -Use Cannabis The Adult -Use cannabis program is governed by MN Statute 342 and refers to products derived from cannabis plants that may contain higher levels of THC, exceeding the 0.3% threshold. Adult -Use cannabis products are intended for broader recreational use, allowing for a range of THC concentrations and delivery methods, and are regulated by the Office of Cannabis Management (OCM). Establishments selling Adult -Use cannabis products, including edibles and concentrates, require specific OCM licensing, zoning approval, and compliance with stringent packaging, security, and sale restrictions. Key Points: • Derived from cannabis with over 0.3% THC by dry weight • Allows higher THC concentrations for recreational use • Heavily regulated, requiring licenses from the OCM • Typically subject to restricted zoning and security requirements for dispensaries and other adult -use facilities This distinction is important in understanding the benefits of allowing low -dose THC beverages in the CBD, especially given the highly regulated, low -intensity nature of these products. River Siren's Process for Safe, Controlled THC Beverage Production and Sales River Siren Brewing Co. is committed to ensuring the highest standards of safety and quality throughout the entire production and sales process for low -dose THC beverages. Under the framework established by MN Statute 151.72, we have built a robust system for creating, testing, packaging, and distributing these products responsibly: 1. Sourcing High -Quality, Refined THC: River Siren will receive a condensed, hemp -derived liquid form of natural refined THC from Superior Molecular. This product, sourced from Minnesota, is delivered as a purified liquid, free from the raw plant form, and will be mixed into solution at River Siren. 2. Independent, Rigorous Testing and Accessibility: Each batch of our THC beverages will undergo independent testing through SC Labs, a third -party laboratory that verifies potency, purity, and safety. SC Labs will issue Certificates of Analysis (COAs) for each batch, which will be made available to patrons through a QR code at our taproom. This code will link to our website, providing detailed COA information and ensuring complete transparency. 3. Compliance with State Packaging and Safety Guidelines: We adhere to all state guidelines for packaging and labeling, as outlined in MN Statute 151.72. All beverages will be securely packaged and properly labeled to indicate their contents, potency, and suggested usage, ensuring our products are as safe as possible for consumers. 4. Responsible Consumption Management: To address concerns around mixing alcohol and THC, River Siren will implement a system where patrons consuming THC beverages cannot purchase alcoholic beverages during the same visit. This policy prevents the risks associated with combining these substances and aligns with our commitment to responsible service. Our end -to -end control over this process —from refined liquid sourcing to on -tap sales —sets us apart from traditional retail models. This approach allows us to maintain strict oversight and ensures that every THC beverage sold at River Siren meets Minnesota's safety and quality standards. Growing Demand for Safe, Non -Alcoholic Beverage Options The market for non-alcoholic and alternative beverages is growing rapidly, and at River Siren, we've seen a 20% year -over -year increase in non-alcoholic beverage sales. Low -dose THC beverages provide a unique option for customers who prefer a regulated, enjoyable experience without alcohol. Allowing on -sale THC beverages in the CBD would allow Stillwater to tap into this trend, providing a safe, convenient option for both residents and visitors. Benefits to the City of Stillwater: Public Safety and Added Tax Revenue Including on -sale THC beverages in the CBD would offer important benefits for Stillwater in two critical areas: 1. Public Safety: The CBD is a walkable, accessible area, making it an ideal location for the sale of low -dose THC beverages. By zoning for these beverages in the CBD, the city reduces the need for customers to drive after consumption, enhancing public safety and promoting responsible behavior. Additionally, as Police Chief Mueller recently noted, public safety concerns with low -dose THC beverages are often lower than those associated with alcohol sales, supporting this as a safe alternative. 2. Additional Tax Revenue for Community Projects: As Stillwater's busiest district, the CBD has significant revenue potential for the city through regulated THC beverage sales. Allowing these sales would create a valuable new revenue stream that the city could allocate as it sees fit, supporting various community projects, public services, and infrastructure improvements, as needed. This tax revenue offers the city a way to fund valuable projects and reduce reliance on additional taxes. Conclusion River Siren Brewing Co. respectfully requests that the City Council support the Planning Commission's recommendation to include the Central Business District in the zoning for on -sale low -dose THC beverages. Our business is uniquely equipped to responsibly manage the production, testing, and sale of these beverages, and we are committed to providing a safe experience for our community and visitors. This approach aligns with growing consumer demand, offers significant public safety benefits, and provides Stillwater with valuable tax revenue for city projects. By including on -sale THC beverages in the CBD, Stillwater can set an example as a leader in Washington County and the broader Minnesota region, showing how cities can adapt to meet evolving consumer preferences while safeguarding public interests. Thank you for your time and consideration. Please feel free to reach out if you have any questions or require further details about our process. Best regards, Brian Carlson Owner and General Manager River Siren Brewing Co. CANNABIS & LOWER-POTENCY EDIBLES ZONING AND CITY CODE AMENDMENTS City Council 1st Reading – November 19, 2024 Overview Zoning •Uses & Zoning Districts City Code •Registration Ordinance •Fee Table •Odor Ordinance Cannabis Uses Lower-Potency • Beverages • Edibles Cannabis Retail Cannabis Manufacturing, Processing Cannabis Cultivation A-P CA CBD VC BPC BPO BPI PA PWD PROS HMU NC Lower-potency hemp edible beverages, retail associated with off-sale liquor PP PP P P P P P P Lower-potency hemp edible beverages, retail associated with on-sale liquor PPP Lower-potency hemp edible, retail (not associated with on-sale or off-sale liquor)CUP CUP CUP Cannabis, retail CUP CUP CUP Cannabis manufacturing, production, processing, testing, and storage CUP CUP Lower-potency hemp edible beverages, manufacturing at brewery and distillery CUP CUP Cannabis, wholesale with no product on-site CUP CUP CUP Cannabis, cultivation (outdoor) CUP Cannabis, cultivation (indoor)CUP CUP CUP Lower- Potency Retail Zoning Districts BP-C, BP-O, BP-I CUP 1,000’ between uses No other buffer zones Cannabis/ Lower- Potency Buffer Zones 1,000’ between uses (except off-sale) 1,000’ from schools 500’ from residential treatment facilities 1,000’ from attraction in a park • 500’ from residential for manufacturing 200’ from residential Cannabis Retail Zoning Districts BP-C, BP-C, BP-I CUP All buffer zones Lower-Potency Beverages -CLARIFIED Off-Sale allowed at exclusive liquor stores, breweries and distilleries Permitted Use No buffers On-sale allowed at bars/restaurants with an on-sale liquor license located in the BP-C, BP-O or BP-I Permitted Use 1,000-foot buffer between businesses Locations where Lower- Potency Beverages may be sold (with liquor license) Off-Sale (anywhere) On-Sale in Bus. Park Manufacturing, Processing, Production, Cultivation (indoors) Zoning Districts BP-O, BP-I CUP Buffer Zones +500’ from res. OPTION 1 Cultivation Zoning Districts A-P CUP Buffer zones City Code Amendments Registration Fee Table Odor Ordinance Office of Cannabis Management (“OCM”) Business Licenses Cannabis Business:Any of the following establishments licensed under Minn. Stat. Ch. 342: (1) cannabis microbusiness; (2) cannabis mezzobusiness; (3) cannabis cultivator; (4) cannabis manufacturer; (5) cannabis retailer; (6) cannabis wholesaler; (7) cannabis transporter; (8) cannabis testing facility; (9) cannabis event organizer; (10) cannabis delivery service; (11) Lower-potency edible mfr; (12) Lower-potency edible retailer; (13) Medical cannabis combination business. Registration Process Cannabis Business applies to OCM OCM processes the application and if compliant, grants preliminary approval OCM sends zoning confirmation request to City City responds within 30 days, or it is deemed compliant • If non-compliant, applicant must correct deficiencies If compliant, OCM issues license and Cannabis Business must register with the City Registration - Process City Council must approve if applicant: • Is in compliance with this chapter and all zoning requirements; • Has paid the registration fee; (1/2 of OCM license fee but capped at $500/$1,000) • Is current on all property taxes and assessments; • Has a State License issued by OCM for the business; and • Is current on payment of all other City fees and charges. Cannabis and Lower- Potency Hemp Edible Registration City Council approval is required for the Registration of all Cannabis and Lower-Potency Hemp Edible Businesses 1. Registration Term is coterminous with OCM license. Not Jan. 1 – Dec. 31 2. Registrations are non-transferable from person to person or place to place 3. Cap on Fees per state law 4. Cap on Number of Retail Dispensaries 5. Special Events are a separate Permit Registration and Permit Fees OCM app fee OCM Lic Fee OCM Renewal Fee City Reg Fee City Cap Reg Fee City Renewal Fee City Cap Renewal Fee Micro $ 500 $ - $ 2,000 $ - no fee allowed $ 1,000 $ 1,000 Mezzo $ 5,000 $ 5,000 $ 10,000 $ 2,500 $ 500 $ 5,000 $ 1,000 Cannabis Cultivator $ 10,000 $ 20,000 $ 30,000 $ 10,000 $ 500 $ 15,000 $ 1,000 Cannabis Manufacturer $ 10,000 $ 10,000 $ 20,000 $ 5,000 $ 500 $ 10,000 $ 1,000 Cannabis Retailer $ 2,500 $ 2,500 $ 5,000 $ 1,250 $ 500 $ 2,500 $ 1,000 Cannabis Wholesaler $ 5,000 $ 5,000 $ 10,000 $ 2,500 $ 500 $ 5,000 $ 1,000 Cannabis Transporter $ 250 $ 500 $ 1,000 $ 250 $ 250 $ 500 $ 500 Cannabis Testing Facility $ 5,000 $ 5,000 $ 10,000 $ 2,500 $ 500 $ 5,000 $ 1,000 Cannabis Delivery Service $ 250 $ 500 $ 1,000 $ 250 $ 250 $ 500 $ 500 Lower-Potency Hemp Edible Manufacturer $ 250 $ 1,000 $ 1,000 $ 500 $ 500 $ 500 $ 500 Lower-Potency Hemp Edible Retailer (per retail location)$ 250 $ 250 $ 250 $ 125 $ 125 $ 125 $ 125 Medical Cannabis Combination $ 10,000 $ 20,000 $ 70,000 $ 10,000 $ 500 $ 35,000 $ 1,000 Cannabis Event Organizer Permit $ 750 $ 750 $ - $500 permit/$5,000 escrow $ - $ - Cap on Number of Cannabis Retail Stillwater Pop. 19,425 Minn. Stat. 342.13 (i) (i) A local government unit that issues cannabis retailer registration under section 342.22 may, by ordinance, limit the number of licensed cannabis retailers, cannabis mezzobusinesses with a retail operations endorsement, and cannabis microbusiness with a retail operations endorsement to no fewer than one registration for every 12,500 residents. Does not include lower-potency edible retailers or medical cannabis combination business with retail endorsement Cannabis & Lower- Potency Event Organizers Permit Cannabis Event Permit as approved by the Council: •Permit Required if solo event or part of a larger event (Cannabis Event Organizer is applicant) •Private property only •Security plan approved by Police Chief •Property location with specifics of activity (per state law) •Number of days requested (up to 4) •On-Site Consumption at discretion of Council (insurance required) •Escrow Fee required for unforeseen expenses incurred by City ($5,000) •Other conditions as required by City Council Odor Ordinance New Odor Ordinance will be included in Public Nuisance Section of City Code: •Will require technology to test odor (Nasal Ranger or similar detection device) •Certain number of odor violations results in business preparing an odor mitigation plan •Noncompliance allows for administrative penalties, civil or criminal action •Add new administrative citation penalty (~$10,000) Council Action Requested Approve for 1st Reading (one motion): •The Cannabis and Lower-Potency Hemp Edible Zoning Ordinance Amendment •The City Code Amendment related to Registration •The enactment of an Odor Ordinance Washington Board of Commissioners Fran Moron, District 1 _ Chair, Stan Karwoski, District 2 ^� County Gary Kgham, District 3 Karla Bigham, District 4 BOARD AGENDA Michelle Clasen, District 5 November 19, 2024 - 9:00 AM All listed times are approximate. Board Workshops will start immediately following the conclusion of the Board meeting. 1. 9:00 Roll Call Pledge of Allegiance 2. 9:00 Comments from the Public 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. 3. 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 October 29, 2024, County Board meeting minutes. B. Approve Amendment No. 1 for Contract No. 15406 with Haugen Consulting. C. Approve Contract No. 17004 for a Grant Agreement with the Minnesota Department of Human Services for 2025-2026 Mobile Crisis Response Services funding in an amount of $1,964,148 for the period of January 1, 2025, through December 31, 2026. D. Approve Contract No. 17002 with Mental Health Systems for a term of January 1, 2025, through December 31, 2029. E. Approve Library Collection Development Policy. F. Adopt a resolution to approve the values and sale amounts on the Tax Forfeited Land #2024-4 Private Sale List and approve the parcels for sale to adjacent landowners. G. Adopt a resolution to approve a request by the City of Newport and provide a favorable recommendation to the Department of Revenue for conveyance of parcel 35.028.22.44.0003 to the City of Newport for conservation purposes. H. Adopt a resolution setting a public auction of tax forfeited land on January 24, 2025, approving the #2024-2 Public in person Sale List, setting the terms for the sale, setting the appraised value, and basic sale price for the parcel to be sold. I. Approval of revised county policy #4003 Tax -Forfeited Property. 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 Washington CountyConsent Calendar continued J. Adopt a resolution setting aside 20% of the net proceeds from the tax -forfeited land sale fund to the county park fund for the acquisition and maintenance of parks and recreational areas. K. Approve the Department of Public Health and Environment to submit an application for the Minnesota Pollution Control Agency's Wood Waste Utilization Grant. L. Adopt a resolution to decline a bequest for donation of lands for public park in the City of Scandia, Minnesota. M. Approve Change Order No. 1 for Contract No. 16460 in the amount of $100,017.10 with Sir Lines -A -Lot LLC for additional roadway striping needs within Washington County. N. Approve Contract No. 16885 with Guardian RFID in the amount not to exceed $233,219 for the period of one year with the option to renew for up to four additional years. O. Approve Joint Powers Agreement No. 16904 with the City of Grant for the purpose of providing a Mass Community Notification System, known as CodeRED. P. Approve Joint Powers Agreement No. 16913 with the City of Marine on St. Croix for the purpose of providing a Mass Community Notification System, known as CodeRED. Q. Approve Joint Powers Agreement No. 16921 with the City of St. Paul Park for the purpose of providing a Mass Community Notification System, known as CodeRED. R. Approve Contract No. 16750 with Kardex Handling Solutions LLC, in the amount not to exceed $26,000, for the period of January 2, 2025, to January 1, 2026, with the option to renew for up to four additional years. 4. 9:10 Public Hearing - Administration and Public Works - Frank Ticknor, Public Works Deputy Director A. Conduct a Public Hearing on the 2025-2029 Capital Improvement Plan (CIP). 5. 10:00 Public Hearing - Administration - Jan Lucke, Deputy County Administrator A. Conduct a Public Hearing to consider revisions to the Washington County Fee Schedule, Policy No. 1032. 6. 10:30 Information Technology - David Brandt, IT Spatial Data Analyst Developer -Architect A. Adopt a resolution honoring Geographic Information Systems (GIS) staff throughout the county and declaring November 20, 2024, as GIS Day in Washington County. 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 Washington County 7. 10:45 General Administration - Kevin Corbid, County Administrator A. Adopt a resolution to set the 2025 salary for the County Sheriff. B. Adopt a resolution to set the 2025 salary for the County Attorney. C. Adopt a resolution to approve the 2025 County Commissioners' salaries, expenses, and benefits. D. Adopt a resolution to approve the 2025 salary for the County Administrator. 8. 11:15 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. 9. 11:30 Board Correspondence 10. 11:30 Adjourn 11. 11:30-12:00 Break 12. 12:00 Board Workshop with Accounting and Finance A. Discuss American Rescue Plan Act 2024 13. 12:30 Board Workshop with Property Records and Taxpayer Services A. Discuss proposed 2025 property taxes. 14. 1:00 Board Workshop with Administration A. Review the 2025 proposed Washington County budget. 15. 1:30 Personnel Committee 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 Board of Commissioners Wn.qbinotnn Fran Mixon, District 1 Chair, Stan Karwoski, District 2 County BOARD AGENDA Gary Kriesel, District 3 Karla Bigham, District 4 I November 12, 2024 - 9:00 AM Michelle Clasen, District 5 All listed times are approximate. Board Workshops will start immediately following the conclusion of the Board meeting. 1. 8:30 Finance Committee 2. 9:00 Roll Call Pledge of Allegiance 3. 9:00 Comments from the Public 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. 4. 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 items) for discussion and/or separate action. A. Approval of the October 15, 2024, County Board meeting minutes. B. Approval to appoint Michael French to a partial term on the Mental Health Advisory Council as a District 2 Representative beginning November 13, 2024, and expiring December 31, 2024, as well as to a full term beginning January 1, 2025, and expiring December 31, 2027. C. Approval of citizen reappointments to the Washington County Citizen Boards, Committees and Commissions for 2025. D. Approve a comment letter on the modification of a Tax Increment Financing (TIF) District in the City of Oakdale. E. Approve a comment letter on the creation of a Tax Increment Financing (TIF) District in the City of St. Paul Park. F. Approval of voting delegates for the 2024 Association of Minnesota Counties Annual Business Meeting to be held December 11, 2024. G. Appointment of voting delegate and alternate for the 2024 Minnesota Counties Intergovernmental Trust (MCIT) Annual Meeting to be held December 9, 2024. H. Approval of Contract No. 16971 with Gregory J. Schmidt Law Office for legal representation for certain persons in family law cases. 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 Washing ton CountyConsent Calendar continued 1. Approval for the transfer of fund balance from fund 310 debt service to fund 361 to cover the cash shortage in the amount of $92,725.00 for the planned use of fund balance within the 2023 budget. 2. Approval for the transfer of fund balance from fund 362 debt service 2017 L&WL Refunding Bond to fund 310 in the amount of $500 which were fees that were not paid out of fund 362. 3. Approval for the closing of funds 340, 350, 355, 356, 361, 362, 455, 457, and 780. J. Approval for revisions to policy #2301 Investment Policy and Guidelines. K. Approve Amendment No. 2 for Contract No. 15421 with Assisting Changing Families. L. Approve Amendment No. 1 for Contract No. 15403 with Community and Family Services. M. Approve Information Technology's Artificial Intelligence (AI) Policy - Information Technology Policy #3007. N. Set a public hearing on December 3, 2024, to review the proposed Washington County Cannabis Ordinance #219. O. Approval to submit the draft Groundwater Plan for a 60-day review to state agencies, local governments, and public comments. P. Accept Regional Parks Grant SG-25P7-10-01 in the amount of $106,937.00 for tree planting in Washington County Parks. Q. Approve a Cooperative Agreement between Great River Greening and Washington County to implement a 12 acre habitat enhancement project in Lake Elmo Park Reserve. R. Approve Metropolitan Council General Obligation Bond Proceeds Grant Agreement SG-24P2- 10-01 in the amount of $800,000 for Lake Elmo Park Reserve Pavement Preservation. S. Approve Change Order No. 2 with Kraft Contracting in the amount of $987.87 for additional plumbing work to accommodate addition of wall protection in high traffic areas. T. Approve Change Order No. 4 with SCR, Inc. in the amount of $2,216.33 for additional HVAC work to protect equipment due to concrete wall demolition activities and maximize space efficiency and occupancy comfort. U. Approval of comment letter for Metro Transit's Network Now plan. V. Adopt a resolution to accept a donation in the amount of $2,500.00 from Jill Meath and the Stucynski family for a cedar bench to be placed in Big Marine Park Reserve. 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 NNT'shing ton CountyConsent Calendar continued W. Approve Joint Powers Agreement No. 16903 with the City of Forest Lake for the purpose of providing a Mass Community Notification System, known as CodeRED. X. Approve Joint Powers Agreement No. 16909 with the City of Lakeland for the purpose of providing a Mass Community Notification System, known as CodeRED. Y. Approve Joint Powers Agreement No. 16911 with the City of Landfall for the purpose of providing a Mass Community Notification System, known as CodeRED. Z. Approve Joint Powers Agreement No. 16915 with the City of Newport for the purpose of providing a Mass Community Notification System, known as CodeRED. AA. Approve Joint Powers Agreement No. 16916 with the City of Oak Park Heights for the purpose of providing a Mass Community Notification System, known as CodeRED. BB. Approve Joint Powers Agreement No. 16924 with West Lakeland Township for the purpose of providing a Mass Community Notification System, known as CodeRED. CC. Adopt a resolution to approve and accept an in -kind donation from the Gary Sinise Foundation through their First Responders Outreach Program. 5. 9:10 Public Health and Environment - Trista Martinson, R&E Executive Director A. Approve Amendment No. 4 to the Joint Powers Agreement with the Ramsey/Washington Recycling and Energy Board. 9:40 General Administration - A) Kelli Matzek, Senior Planner B & C) Serena Raths, Planner I D) Kevin Corbid, County Administrator A. Presentation of the 2023 Performance Measures and Indicators Report. B. Adopt a resolution to approve a county Land and Water Legacy Program contribution and conservation easement on a 3.23 acre parcel in the City of Woodbury. C. 1) Adopt a resolution to approve a county Land and Water Legacy Program contribution and conservation easement on a 39.83-acre parcel in the City of Afton. 2) Approve a Memorandum of Understanding between Washington County and the City of Afton for the potential reallocation of county contribution easement funds to fee title purchase. D. Adopt a resolution to support Operation Green Light for Veterans. 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 Washington County 7. 10:20 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 ofinterest 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. 8. 10:35 Board Correspondence 9. 10:35 Adjourn 10. 10:40 Board Workshop with Public Health and Environment A. Overview of proposed 2025 budgets for the Washington Conservation District and Washington County watershed organizations. 11. 11:40-11:55 Break 12. 11:55 Board Workshop with Public Works A. Updated review of bequest for donation of land for public park in Scandia, Minnesota. 13. 12:15 Board Workshop with Public Health and Environment A. Review the draft Washington County Cannabis Ordinance. 14. 1:00 Board Workshop with Administration A. Review and discussion of the proposed Washington County 2025 Legislative Platform. 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