Loading...
HomeMy WebLinkAbout2007-10-02 CC MINCITY OF STILLWATER CITY COUNCIL MEETING NO. 07-23 October 2, 2007 RECESSED MEETING 4:30 P.M. Mayor Harycki called the meeting to order at 4:30 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Fire Chief Glaser Police Chief Gannaway Public Works Director Sanders Planner Pogge City Clerk Ward OTHER BUSINESS Presentations and possible selection of one of three finalists for the possible downtown parking ramp project City Administrator Hansen introduced the first finalist group, LSA Design Inc. One of the LSA presenters talked to characteristics of parking structures and the "exciting" aspects of parking structures. He noted that transportation architecture is the primary focus of LSA Design. He introduced the design team. He briefly addressed two issues -the parking structure in context of the community as a whole and the structure in the specifics of the site adjacent to the Lowell Inn. He stated they have found that getting out information as to the availability of, a parking stall is critical, not just at the parking location itself, but throughout the community. Another key, he said, will be integrating the structure into the City's historic fabric. Another of the LSA team addressed issues related to historic preservation and required approvals of SHPO and the City's Heritage Preservation Commission. Another of the presenters discussed some of the issues related to the site and their proposed alternate layout, which utilizes a single, two-way helix, rather than a double, two-way helix for internal traffic flow, which also incorporates the potential for expandability, and which could result in additional 30-40 stalls over the City's expectations. It was noted the base structure in the proposed layout would cost about $4.7 million, with an average cost per space of $13,500. Also discussed were maintenance issues and environmental issues, including the lead certification process. Mayor Harycki asked about the estimated $300 per stall annual maintenance cost and what was included in that cost estimate. Councilmember Gag asked if that cost was industry standard. It was explained that the estimated $200-$350 cost includes housekeeping, operations, annual maintenance and repair, and capital expenditures. It City Council Meeting - 07-23 October 2, 2007 also was noted that amount includes creation of a maintenance fund for future repairs. Mayor Harycki asked about the average life of the deck. The LSA spokesperson stated standard deck life is about 50 years. Councilmember Milbrandt asked about the top challenges for completing the project. The LSA spokesperson said the site itself presents challenges, as well as getting through the aesthetic appearance of the deck. Councilmember Milbrandt asked for LSA to provide examples of previous project budget estimates and where the project actually came in. Mayor Harycki asked if LSA had any previous experience utilizing solar power . _ in an historic district. The LSA spokesperson referred to a project in LaCrosse that they have done as an example. Mayor Harycki asked about the potential for light pollution; the LSA spokesperson responded that ultimately they look to do downcast lighting in all their facilities. Councilmember Polehna asked about having retail on one of the ramp levels and whether than helps offset some of the operational costs or whether retail costs extra. The LSA spokesperson said they have done retail in most of the parking structures they have done because retail fits fairly well in the lower level of a parking structure and because retail provides activity and vibrancy at the street level. He stated retail in a parking structure does work and works well in the proper marketplace. Councilmember Nyberg asked if it is realistic to think this project can be done for $6 million. The LSA spokesperson said as the project stands now, they believe the project can be done for $6 million, but noted that if extras are done -solar panels, retail, etc. -- $6 million might not be realistic. In fact, the LSA spokesperson said they believe the project could be done for less than $6 million. Councilmember Nyberg expressed a concern that trying to fit this parking ramp into an existing historic neighborhood will cause the price to go through the roof. The LSA spokesperson responded that their estimate of $4.7 million includes just the hard costs, not the soft costs, and said he did not think the City was looking at a facade system that would elevate that number. Administrator Hansen pointed out not a lot of time had been spent trying to add retail to the project as retail affects the taxable ability on the bonds.- the City would get less money on the bonds. Roger Tomten, member of the Heritage Preservation Commission, was invited to comment. Mr. Tomten said anything that can be done to enhance the vibrancy of the street level would be a plus. Attorney Magnuson suggested there might be a way to incorporate retail and retain the tax-exempt status for the bonds. Mr. Tomten also suggested looking at massing and the three-dimensional aspects of the project (as proposed in the SEH concept) and its impact on the streetscape and adjacent buildings. A representative from Short Elliot Hendrickson (SEH) introduced their project team. The SEH spokesperson noted that in December 2003, their firm had provided the City with a parking feasibility and preliminary design study for a new parking ramp to alleviate parking congestion in the downtown area, so the firm has an understanding of the proposed project and is committed to providing a facility that meets the community's expectations in acost-effective manner. He stated that SEH is committed to bring projects in on time and on budget. He reviewed their recommended approach to the Page 2 of 14 City Council Meeting - 07-23 October 2, 2007 project, atwo-phase approach, with phase 1being apre-design phase and development of a plan that helps identify and address all the key elements and outstanding issues of the project along with a preliminary construction cost estimate. Phase 2 would be final design, construction and administration. He said that approach would ensure that the project meets the community's expectations and is built within the City's anticipated budget. A representative from Walker Parking Consultants reviewed technical issues related to design, such as access, geometrics and operation. He spoke to project cost _ _ management and the importance in the selection of the structural system in cost management and the importance of quality documents for the bidding process. Another major issue, he noted, is the challenge presented by the site, and he reviewed some of the details of SEH's proposed alignment. Another SEH team member talked about the challenge of creating a building that looks like a parking garage and yet fits in the historical context of the neighborhood. He talked about a possible location for the entrance and discussed some of the specifics of the urban design of the project. Mayor Harycki asked about the team's experience working in historic districts. A spokesperson reviewed experience including design of a facility in Mound and several facilities in Red Wing. Mayor Harycki asked about an estimate for annual maintenance cost. A spokesperson said they recommend budgeting $150-$200 per stall for annual maintenance costs. Councilmember Polehna asked about an estimated cost per space. A spokesperson stated they estimate a cost of $15,000 per space considering the type of material that will be used in this facility. Councilmember Milbrandt asked about the feasibility of doing the project for $6 million. A spokesperson noted they have not designed the specifics of the architectural facade, but said he thought it might be possible to do the project for $6 million. It was noted that the site would allow the focus of the facade materials to be on Second Street, rather than all four sides of the structure. Another spokesperson talked about the advantage of using atwo-phase approach to the project to get a clear understanding of expectations and costs. Councilmember Milbrandt asked why SEH should be considered, given that they are relativel~i high compared to other bidders. A spokesperson referred to the experience of the team they are bringing to the project and suggested the result would be the lowest cost, most effective project that really does satisfy the needs of the community. Mayor Harycki asked if there are any studies or statistics that indicate how far people are willing to walk after parking in a facility. A spokesperson said statistics indicate 900 feet is about the limit. Councilmember Polehna asked about designing the facility for some potential retail space. A spokesperson suggested that retail is not viable right now, but does not think the City should preclude that potential future use and should design the facility so that use could be accommodated later. Bill Hickey with Collaborative Design Group introduced their team and reviewed some of the group's experience. One of the team members spoke of the need to balance the traffic system and not affect neighborhood traffic in a negative manner; he also spoke of possible ways to mitigate traffic impact. Mr. Hickey referred to their previous work in historic context and how that experience would apply to this project. He also spoke to Page 3 of 14 City Council Meeting - 07-23 October 2, 2007 previous work with difficult sites; it was noted the challenge would be managing the budget rather than design challenges. Another spokesperson talked about some design specifics and issues related to pedestrian use. Mr. Hickey talked about design and being sensitive to both how the structure fits in architecturally as well as functionally. Mr. Hickey briefly touched on issues such as impact on the Lowell Inn ventilation system, noise issues and view from Pioneer Park. Mr. Hickey reviewed some possible alternative design options. Mayor Harycki asked whether the $6 million budget would be achievable. Mr. Hickey said he believes a ramp can be built for that amount, but perhaps not to the level of finishing that Stillwater is expecting. Councilmember Polehna asked about light pollution. Mr. Hickey noted that is a key issue, especially on the top level; inside the ramp, lighting is relatively easy to control. Mayor Harycki asked about estimated maintenance cost. A spokesperson said that costs are relatively low in the first five to 10 years, with costs escalating after that, especially in the 20-40 year timeframe. He estimated the cost at about $2,000 per car in the 10-30 year range; he noted that materials could affect the annual maintenance costs. Mayor Harycki asked about pedestrian travel range -how far will they walk after parking a car? Mr. Hickey noted that is partially context dependent, but said in his experience, 300 feet to a landmark or some destination is important, and this location is within 300 feet of Main Street, where a user's frame of reference changes. Councilmember Polehna asked about retail use. Mr. Hickey said he thought mixed use would work, but noted the market is up and down; he said that concept could be looked at but suggested that it be a rather significant portion of the site, rather than just a "storefront." Councilmember Polehna asked about the lifespan of the structure; Mr. Hickey stated they design and build for the long term. Mayor Harycki asked about ramp security, noting Stillwater does not have a security center. Mr. Hickey agreed that is a significant issue and spoke of several design elements related to security; it was noted security staff/center could be contracted for. Mayor Harycki concluded the presentations by noting that the Council was not going to make a decision at this time. City Administrator Hansen said it could be at least several more weeks before financial numbers are available for the Council to make a decision. STAFF REPORTS Police Chief Gannaway reported that another commercial vehicle inspection saturation effort took place, with 16 vehicles taken out of service, 127 equipment violations, 13 driver-related violations and 11 citations issued; there were 39 fuel violations. Chief Gannaway also reported that, as requested as part of the Eagle Ridge project, his department conducted almost 1,500 minutes of radar patrol time, with three citations and seven warnings issued. Councilmember Milbrandt suggested that feedback would likely reflect the belief that people were slowing down to avoid manholes, etc., as the street had not been finished when the radar patrol took place. Chief Gannaway said the radar patrol would be started up again. Mayor Harycki said he would be interested in getting some feedback on the pedestrian signs that have been installed in North Main Street. Page 4 of 14 City Council Meeting - 07-23 October 2, 2007 Fire Chief Glaser invited the Council to dinner between meetings to help kick off Fire Prevention Week. Planner Mike Pogge reported on the National Trust for Historic Preservation Conference being held in St. Paul, and described a tour of Stillwater that took place in conjunction with the Conference. He noted there are some grant opportunities the City might be able to utilize in the Preserve America Program, which the City participates. Mayor Harycki asked that the HPC make some recommendations regarding the issue of "demolition by neglect." The meeting was recessed at 6:32 p.m. REGULAR MEETING 7:00 P.M. Mayor Harycki called the meeting to order at 7 p.m. Present: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Absent: None Staff present: City Administrator Hansen City Attorney Magnuson Planner Pogge Public Works Director Sanders Fire Chief Glaser Police Chief Gannaway Assistant City Engineer Kraftson City Clerk Ward PLEDGE OF ALLEGIANCE Mayor Harycki led the Council and audience in the Pledge of Allegiance. APPROVAL OF MINUTES Motion by Councilmember Gag, seconded by Councilmember Polehna to approve the of the September 18, 2047, regular meeting minutes. All in favor. PETITIONS, INDIVIDUALS, DELEGATIONS ~ COMMENDATIONS Proclamation: National Business Women's Week Mayor Harycki read a proclamation designating Oct. 21-Oct. 27, 2007, as National Business Women's Week in the City of Stillwater. Page 5 of 14 City Council Meeting - 07-23 Proclamation: Fire Prevention Week October 2, 2007 Chief Glaser and members of the Fire Department joined the Mayor at the podium as the Mayor read a proclamation designating the week of Oct. 7-Oct. 13, 2007, as Fire Prevention Week in the City of Stillwater. Chief Glaser accepted the proclamation and noted that the U.S. has the highest level of fire deaths among all industrialized nations. The Chief noted that most deaths occur in the home and urged folks to practice their fire escape plan/route. He highlighted some of the events planned for the week and invited citizens to the annual Fire Department Open House on Saturday, Oct. 13, from 10 a.m. to 1 p.m. OPEN FORUM There were no public comments. CONSENT AGENDA Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to approve the Consent Agenda. Resolution 2007-191, directing payment of bills Possible approval to purchase voting booths Resolution 2007-192, accepting proposal from CBIZ Benefits & Insurance Services, Inc. Possible approval to upgrade Maryknoll Lift Station (available Tuesday) Resolution 2007-193, a resolution amending the Personnel Policy of the City Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None PUBLIC HEARINGS ' This is the date and time for the public hearing to consider the assessments for the 2007 Street Improvemen~ject. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 14, 2007. Street assessments Assistant City Engineer Kraftson reviewed the 2007 Street Improvement Project. The project included the street reconstruction of Van Tassel Drive, Van Tassel Court, and Eagle Ridge Trail. As part of the task force recommendations, he noted that Eagle Ridge Trail was narrowed by 4' to a width of 28', with a bituminous bike path installed along Eagle Ridge between Mrytle and Green Twig, and sidewalk from Green Twig to Neal. The project also included drainage improvements that consisted primarily of the installation of seven rain gardens, he pointed out. Construction costs came in at Page 6 of 14 City Council Meeting - 07-23 October 2, 2007 $968,000, with engineering at $149,000, administrative/legal/financial costs of $20,000 for a total project cost of $1,137,000. He reviewed the feasibility assessments and the proposed final assessments. He noted there were no changes between the feasibility and final assessments for the lots on Van Tassel Drive or Van Tassel Court. The cost associated with the narrowing of the street resulted in about a $390 increase in the proposed final assessments for a standard lot along Eagle Ridge Trail and about $190 to corner lots. He noted the assessments in the sidewalk district were reduced by a contribution from the Park Board, as well as a 50-50 _ . _ cost share with the City, so the overall final assessments for Eagle Ridge properties are less than the combined feasibility assessments. Of the overall project costs, he said it is proposed to assess $563,000, with general City funds of $532,000, and $42,650 in Park funds. He noted the assessments could be paid up front with no interest until November 15 or added to taxes at a 5.5 interest rate. He noted the payment term for the sidewalk district is a five-year term and 10-year term for the street. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Gag thanked the residents who had served on the Eagle Ridge task force. Motion by Councilmember Nyberg, seconded by Councilmember Polehna to adopt Resolution 2007-194, resolution adopting assessment for 2007 Street Improvement Project (Project 2007- 02, L.I. 375 & 376) Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None This is the date and time for the public hearing to consider the assessments for the 2007 Sidewalk Improvement Project. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 14, 2007. Assistant City Engineer Kraftson reviewed the 2007 sidewalk project. He reviewed the project schedule and proposed assessments. The project area included 44 properties and 5,655 square feet of replacement sidewalk. Construction costs amounted to $28,397, engineering and administrative costs $12,859 for a total project cost of $41,256. The amount proposed to be assessed, he said, is $20,076; with the City share $21,179. The proposed assessment rate amounts to $3.55 per square foot of sidewalk replaced. The assessments range from $53 to $1,922, he noted, with the average assessment $418. Assessments can be paid lump sum with no interest through Nov. 15 or added to taxes at a 5.5 percent interest for 10 years. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Page 7 of 14 City Council Meeting - 07-23 October 2, 2007 Councilmember Polehna asked why the assessment term is 10 years for this project and only five years for the Eagle Ridge sidewalk. Mr. Kraftson explained there is a state statute, which requires the five-year term for sidewalk districts, such as was formed for the Eagle Ridge area. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-195, resolution adopting assessment for 2007 Sidewalk Rehabilitation Project (Project 2007-05 L.I. 377). _ _ Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 07-44. This is the date and time to consider a request from Sandra Merhar for a special use permit request for a skin care and massage studio in the residence located at 110 Mulberry St East in the RB, Two Family Residential District and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 21, 2007. Planner Pogge reviewed the request and the 12 conditions for approval for a Special Use Permit for a type 3 home occupation. He noted the applicant has agreed to meet alt 12 conditions. The Planning Commission held a public hearing on the request on Sept. 11 and is recommending approval with the listed conditions, he said. Mayor Harycki opened the public hearing. No comments were received, and the hearing was cloyed. Councilmember Milbrandt noted the Planning Commission was unanimous in its recommendation of approval. Motion by Councilmember Polehna, seconded by Councilmember Milbrandt to adopt Resolution 2007-196, a resolution approving a Special Use Permit for a type 3 home occupation in order to operate an in home skin care and massage studio at 110 Mulberry Street East (Case No. SUP/07-44). Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Case No. 07-45. This is the date and time for the public hearing to consider a request from Mike Waldo, Liberty Office Group, LLC, for Final plat and Final PUD approval for Liberty Village 5th Addition and a Special Use Permit for a commercial office/retail building located at the southeast corner of County Rd 12 and 15, Outlot D, Liberty Village and any variances related thereto. Notices were mailed to affected property owners and published in the Stillwater Gazette on September 21, 2007. Planner Pogge reviewed the request. He briefly described the site and design of the building. He noted the Liberty architectural design committee has approved the building. He noted the site is located in the original Liberty PUD that was approved by Council in 2003, and the proposed development complies with the PUD and meets all the Page 8 of 14 City Council Meeting - 07-23 October 2, 2007 requirements set out in the PUD. He stated the Heritage Preservation Commission reviewed the building design at its Sept. 6, 2007, meeting and recommended approval of the design. The Planning Commission reviewed the application for the final plat, PUD and Special Use Permit at its Sept. 11, 2007, meeting and approved the special use permit and recommends Council approval of both the final plat and final PUD site plan, he stated. Mayor Harycki opened the public hearing. No comments were received, and the hearing was closed. Councilmember Milbrandt stated the Planning Commission was unanimous in its vote for approval, and noted the request is consistent with the PUD that was approved in 2003. Councilmember Gag also noted the Heritage Preservation Commission was unanimous in its approval of the design. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-197, a resolution approving the final plat for Liberty Village 5th Addition (Case No. 07-45) and Resolution 2007-198, a resolution approving a Final Planned Unit Development Permit for property located at Lot 1, Block 1 of Liberty Village 5th Addition for the development of amulti-tenant commercial building. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None UNFINISHED BUSINESS Chamber of Commerce -Update and Update on lodging tax ordinance (Possible 1St reading of Ordinance) Steve Rolle, owner of the Super 8 in Stillwater and resident of Stillwater, stated representatives of all six hotels in Stillwater met recently to discuss the proposed CVB (Convention Visitors Bureau) proposal and lodging tax issue and unanimously agreed to request that the Council approve an ordinance imposing a 3 percent local option lodging tax to go into effect on Jan. 1, 2008. He spoke briefly of the proposal for initiating a CVB. He noted that as proposed the tax would be implemented for three years and reviewed after that time. He pointed out that 95 percent of the revenue would have to go towards marketing, advertising and promotional efforts, and he noted the City is entitled to an administrative fee. He said there has been a lot of discussion and dialogue with all parties involved and said he believes this is the time to move forward. Tom Lynum, representing the Bed & Breakfast Association, owner of the Sauntry Mansion, read a statement. The statement noted that B&B owners have spoken against a lodging tax on numerous occasions and continue to do so; however, the Association speaks in favor of the proposed lodging tax ordinance, which specifically excludes those lodging establishments operating under a Bed & Breakfast permit issued by the City of Stillwater. The statement noted that despite the difficult decision for exemption from the lodging tax, the Association remains committed partners in tourism and in the Stillwater business community. The statement recognizes that because of the decision to request Page 9 of 14 City Council Meeting - 07-23 October 2, 2007 exemption, the Association will have limited input into the formation and direction of the to-be-created entity, the Convention and Visitors Bureau. Nevertheless, the statement said the Association remains supporters and wishes the CVB well in its ultimate success. Jennifer Severson, executive director of the Greater Stillwater Chamber of Commerce, said the Chamber feels enacting a lodging tax is an important, positive step toward a stronger tourism industry and will benefit the business community as a whole. She stated the Chamber's proposals regarding the CVB board of directors, budget and _ _ spending are only one way the potential CVB board may choose to move forward. The ultimate decision will be up to the new organization and its members, she noted. She stated the Chamber is not only asking the Council to approve the lodging tax but also recommends the continued collaboration between the Chamber, CVB, individuals businesses and the cities involved to set the stage for a vital and stable tourism organization. She said that includes not only the initial steps of appointing a board of directory but also establishing membership guidelines and writing bylaws. Working together will be the key to the success of the CVB, she stated. She said Stillwater is no longer a central business district and it and many other area businesses, including the lodging establishments, need tourism to survive and flourish. She urged the Council to support tourism as a leading local industry and support local business by voting yes in support of an area Convention and Visitors Bureau. Curt Giesler, president of the Greater Stillwater Chamber, reiterated the request for support of the CVB and to promote tourism in downtown Stillwater. He called tourism the lifeblood of downtown Stillwater and to some extent the businesses on Highway 36. At the suggestion of Mayor Harycki, Police Chief Gannaway reviewed the results of the most recent commercial vehicle inspection for the business owners in attendance. Mayor Harycki noted a proposed ordinance enacting the lodging tax was included in the agenda packet. The proposed ordinance includes a 3 percent city administrative fee. Mayor l;'arycki questioned whether it would be worth collecting the city fee and said he would prefer a zero administrative fee. City Administrator Hansen said the City would have some expense, primarily related to year-end reporting requirements. Mayor Harycki questioned a provision in the proposed bylaws of the CVB, which would have a City Council person as anon-voting member of that organization's board of directors, noting that Councilmembers already have many meetings to attend. Councilmembers Polehna and Gag both spoke in favor of having a Council representative. Mayor Harycki suggested having the CVB board provide regular updates to the Council, much like the Chamber currently does, rather than having a Council representative on the board. Mayor Harycki also suggested that since the hotel/lodging industry is collecting the tax, that industry should have a majority of seats on any board that is formed. Since there is a hotel in Oak Park Heights, Councilmember Polehna suggested that a caveat should be that Oak Park Heights adopts the tax/CVB proposal along with Stillwater. Page 10 of 14 City Council Meeting - 07-23 October 2, 2007 Councilmember Gag suggested proceeding by first having a vote on enacting a lodging tax and then discussing whether to include or exclude B&Bs. Mayor Harycki said he was a "doubter" of the lodging tax, but when the lodging industry, that will be directly impacted by the tax steps forward and asks to try the tax for three years, he said he felt comfortable allowing them to make that decision. Mayor Harycki said he also was comfortable with allowing the exemption of the B&Bs with the understanding that the B&Bs will lose their voting seat on the CVB board by doing so. Councilmember Polehna noted that four of the six hotels are in his Ward - he has talked with them and they support the proposal, and he said he is in favor of supporting them. Councilmember _ _ _ Polehna said he had spoken with the state tourism agency and that agency is surprised the City has not taken this step long ago. Regarding excluding or including B&Bs, Councilmember Polehna suggested that people stay at local B&Bs because of the amenities the City/community provides. Councilmember Polehna spoke of the investments the City is making at improvements such as a new parking ramp and said he thought everyone should buy into promoting what Stillwater offers, and he noted that the B&Bs would derive a benefit from a CVB. Mayor Harycki pointed out the B&B Association has indicated a willingness to contribute voluntarily to the promotional efforts. Councilmember Nyberg said he had a problem supporting a business decision by one group -the hotel owners and the request to implement a lodging tax -and not support a business decision by another group -the B&B Association and the request to be exempt from the lodging tax. Mayor Harycki noted the tax is for athree-year trial period. Councilmember Gag said he thought the B&Bs are part of what make Stillwater special and had hoped they would be in support of the proposal. Councilmember Gag said he struggled with the idea of implementing a lodging tax - "heads and beds" - to promote the area and then exempt some of the "heads and beds." Councilmember Nyberg reiterated his concern about supporting the business decision of one group over the business decision of another group. There was discussion as to whether athree-year trial period was long enough to determine the benefits of the program. It was noted that an ordinance could be changed at any-time, and the ordinance could be changed to exclude B&Bs at anytime. Councilmember Milbrandt said he was disappointed that the Chamber had chosen to proceed in this direction, but said having the hotel groups come forward in support is a strong step. Regarding the B&B position, Councilmember Milbrandt used an analogy to the Eagle Ridge project, pointing out the City didn't skip those residents who didn't want a path in front of their house and said if there is to be lodging tax he would favor it being 100 percent inclusive of all B&Bs and hotels. Councilmember Milbrandt also spoke in favor of having a Council representative on the CVB board. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to have the first reading of the ordinance fora 3% lodging tax on all hotels and bed and breakfasts for athree- yeartrial period. It was clarified that the motion included the provision for a City representative on the CVB board. Page 11 of 14 City Council Meeting - 07-23 October 2, 2007 Ayes: Councilmembers Gag, Milbrandt, Polehna and Mayor Harycki Nays: Councilmember Nyberg Possible adoption of resolution conveying parcels to Washington County for County Road 15 project (Resolution -Roll Call) City Attorney Magnuson explained the requested conveyance of parcels was a housekeeping matter related to the Manning Avenue project right-of-way. ___ _ Motion by Councilmember Milbrandt, seconded by Councilmember Nyberg to adopt Resolution 2007-199, resolution approving the conveyance of city owned and controlled right- of-way to the County of Washington for the widening of County Road 15 between Highway 36 and Count Road 12. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None NEW BUSINESS Possible approval of bids and award contract for clinic pond project Assistant City Engineer Kraftson briefly reviewed the proposed project. The project involves directing some water from Washington Avenue, West Orleans and Curve Crest to the enlarged pond that was created on the Stillwater Clinic site. A bid opening took place Sept. 20. Eleven bids were received, with the low bid submitted by Hydrocon for $115,989, well below the engineer's estimate of $143,000. Motion by Councilmember Gag, seconded by Councilmember Milbrandt to adopt Resolution 2007-200, accepting bid and awarding contract for Clinic Pond Project (Project 2005-07). Ayes: Councilmember Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Possible appointment to Joint Cable Commission City Clerk Ward explained that Mike Gallagher has expressed interest in serving as an alternate delegate to the Joint Cable Commission. Motion by Councilmember Milbrandt, seconded by Councilmember Polehna to adopt Resolution 2007-201, appointing member to the Joint Cable Commission. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 12 of 14 City Council Meeting - 07-23 Update: Washington D.C. lobbying October 2, 2007 Mayor Harycki gave a brief update on his recent lobbying trip to Washington, DC, with a number of East Metro representatives, including Washington, Ramsey and Dakota County commissioners. He said the group had an opportunity to meet face-to-face with one Senator and three Representatives, as well as chief legal counsel from the House Transportation Committee. The Mayor said his primary focus was to remind the Congressional delegation of the need for a new Stillwater bridge. He said the meetings were helpful with some good questions asked by staff and the Representatives. He said he did detect a bit of concern regarding the Sierra Club lawsuit in Washington. He said ii was pointed out that the new administration will propose a transportation bill in 2009, so there are many unknowns involved. He stated the House would hold hearings in 2007 and 2008 in preparation for its version of a transportation bill. He stated it was made very clear that if there is a choice to be made between two projects, one with a lawsuit and another without a lawsuit, the decision might be made in favor of the project not involved in a lawsuit. The unsettling thing for the City, he said, is that the transportation bills at the national level are prepared only once every seven or eight years. Therefore, if the City is not included in the 2009 bill, the next opportunity for funding could be 2015 or even further out. Due to the concern regarding the possible impact of the lawsuit, Mayor Harycki said he had talked with the City lobbyist and asked him to prepare a resolution opposing any delay in the construction of a new interstate bridge at Stillwater. He said the intent of the resolution is to clarify the City's position regarding the lawsuit. The resolution will be sent to the various state and federal legislative delegates, he said. Mayor Harycki noted that the recent trip was the first time the East Metro counties had banded together to present a unified presence in lobbying for projects. He said he thought the effort was productive. City position on Sierra Club lawsuit related to the St. Croix River Crossing Mayor Harycki read the proposed resolution stating the City's position regarding the Sierra Club lawsuit and the need for a new bridge. Mayor Harycki said he would recommend one change to the resolution, including the federal delegation representing Stillwater. Councilmember Milbrandt moved to approve the resolution with the addition of the City's federal delegation. Councilmember Polehna asked whether the resolution should be sent to the Wisconsin delegation as well. Motion by Councilmembers Milbrandt, seconded by Councilmember Gage to adopt Resolution 2007-202, a resolution opposing any delay in the construction of the Minnesota- Wisconsin Interstate Bridge at Stillwater. Ayes: Councilmembers Gag, Milbrandt, Nyberg, Polehna and Mayor Harycki Nays: None Page 13 of 14 City Council Meeting - 07-23 COUNCIL REQUEST ITEMS October 2, 2007 Mayor Harycki noted the vice mayor will be absent from the next regularly scheduled Council meeting and he stated there is a possibility that he will not attend. It was agreed to delay the second reading of the lodging tax ordinance until the meeting of October 30. Motion by Councilmember Nyberg, seconded by Councilmember Gag to appoint Councilmember Polehna to serve as acting Vice Mayor for the October 16 meeting should Mayor Harycki be unable to attend. All in favor. ADJOURNMENT Motion by Councilmember Polehna, seconded by Councilmemb yberg to adjourn at 8:48 p.m. All in favor. ~ _ Mayor AT EST: ~G~~ Diane F. Ward, City Clerk Resolution 2007-191, directing payment of bills Possible approval to purchase voting booths Resolution 2007-192, accepting proposal from CBIZ Benefits & Insurance Services, Inc. Possible approval to upgrade Maryknoll Lift Station (available Tuesday) Resolution 2007-193, a resolution amending the Personnel Policy of the City Resolution 2007-194, resolution adopting assessment for 2007 Street Improvement Project (Project 2007-02, L.I. 375 & 376) Resolution 2007-195, resolution adopting assessment for 2007 Sidewalk Rehabilitation Project (Project 2007-05 L.I. 377) Resolution 2007-196, a resolution approving a special use permit for a Type 3 home occupation in order to operate an in home skin care and massage studio at 110 Mulberry Street East (Case No. SUP/07-44) Resolution 2007-197, a resolution approving the final plat for Liberty Village Stn Addition (Case No. 07-45) Resolution 2007-198, a resolution approving a final planned unit development permit for property located at Lot 1, Block 1 of Liberty Village 5th Addition for the development of amulti-tenant commercial building Resolution 2007-199, resolution approving the conveyance of city owned and controlled right-of-way to the County of Washington for the widening of County Road 15 between Highway 36 and County Road 12 Resolution 2007-200, accepting bid and awarding contract for Clinic Pond Project (Project 2005-07). Resolution 2007-201, appointing member to the Joint Cable Commission. Resolution 2007-202, a resolution opposing any delay in the construction of the Minnesota-Wisconsin Interstate Bridge at Stillwater Page 14 of 14