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Approved: December 10, 2012
CITY OF ARDEN HILLS, MINNESOTA
REGULAR CITY COUNCIL MEETING
OCTOBER 29,2012
7:00 P.M. -ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDER/ROLL CALL
Pursuant to due call and notice thereof, Mayor David Grant called to order the regular City
Council meeting at 7:03 p.m.
Present: Mayor David Grant, Councilmembers Brenda Holden, Fran Holmes, Nick
Tamble, and Ed Werner
Absent: None
Also present: City Administrator Patrick Klaers; Director of Finance and Administrative
Services Sue Iverson; Public Works Director Terry Maurer; Community Development
Director Jill Hutmacher; and Deputy City Clerk Amy Died
PLEDGE OF ALLEGIANCE
1. APPROVAL OF AGENDA
Councilmember Holden requested that Item 5B be pulled from consent and discussed as item
6A.
MOTION: Councilmember Tamble moved and Councilmember Holden seconded a
motion to approve the meeting agenda as amended. The motion carried
unanimously (5-0).
2. PUBLIC INQUIRIES/INFORMATIONAL
None.
3. STAFF COMMENTS
A. Transportation Update
Public Works Director Maurer stated that the intersection of Hamline Avenue and County Road
F is scheduled to be open by Wednesday, October 31. Crews are nearing completion of
i
ARDEN HILLS CITY COUNCIL— OCTOBER 29, 2012 2
reconstructing the intersection and installing the necessary underground electrical utilities for a
new signal system to be installed next spring.
Public Works Director Maurer noted that the Snelling Avenue to Hamline Avenue bridge will
be open by December, as will the loop from northbound Snelling Avenue to westbound I-694.
The loop to westbound Highway 10, however, will not be open until late 2013.
Public Works Director Maurer explained that the ramp from westbound 1-694 to westbound
Highway 10 will close in mid-November when traffic is switched to the new interstate lanes and
will remain closed through the fall of 2013. Traffic will detour on westbound 1-694 to northbound
1-3 5W. Eastbound Highway 10 (Highway 96 to 1-694) is scheduled to be open by December.
Public Works Director Maurer stated that the eastbound 1-694 exit to Lexington Avenue closed
on October 15 for one month. It is scheduled to reopen mid-November.
Public Works Director Maurer indicated that there will be various overnight lane restrictions on
I-694.
Public Works Director Maurer stated that the Highway 10 and County Road 10 ramps opened
late on Friday, October 26. However, the ramps were closed this week from 9:00 a.m. to 3:00
p.m. daily as grading work was finished.
B. Water Billing Update
Public Works Director Maurer explained that the City has received a lot of calls about the most
recent water bills. Most of the callers were concerned that their bills were much higher than the
ones that they received in the past. He stated that there were multiple reasons why customers'
water billing was higher. First, the months of July, August, and September were the driest
summer months since 2008. Second, new water rates were adopted in 2009. When water usage is
in the 10,001 — 35,000 gallon range, the charge is $3.28 per 1,000 gallons. The highest tier is
when usage exceeds 35,000 gallons and the charge is then $5.75 per 1,000 gallons. He noted that
many customers had gone into that highest (and most expensive) usage rate level due to the dry
summer conditions.
Public Works Director Maurer stated that the third reason for higher water bills was due to the
conversion of all residential customers to one billing cycle. Many had not experienced being
billed in July, August, and September, which are traditionally higher water usage months. The
fourth reason was because the billing quarter was slightly longer than usual. Due to failing water
meter reader equipment, the City had to borrow equipment from a neighboring City. Since that
City needed its equipment for its own water meter readings, Arden Hills was required to do its
readings a week earlier than usual.
Public Works Director Maurer noted that another reason for the higher water usage was due to
the fact that some of the old equipment was failing to read low-volume usage. Turbo meters
replaced compound meters and the new meters are now catching the low-volume usage during
off-hours. He stated that in general, many residents are realizing just how much water they use.
In some cases, customers simply had not been getting charged for the actual amount of water they
ARDEN HILLS CITY COUNCIL—OCTOBER 29, 2012 3
had used. With the new equipment being more accurate and able to detect lower-volume usage,
the new billing has been a bit of a shock for some.
Public Works Director Maurer stated that a few people have expressed concern over the
accuracy of the new equipment. He assured the Council that the equipment is accurate. If people
are convinced that there is a problem, they can pay $130 to have their water meter tested. If
testing proves the equipment is accurate, they are not reimbursed their testing fee. If the
equipment is not found to be accurate, the problem will be resolved and the customer will be
reimbursed the $130 testing fee. He also noted that a few problems have been detected with
leaking fixtures within residents' homes.
Councilmember Werner stated that he does not have a concern with the water usage, but with
the sewer rate.
Director of Finance and Administrative Services Iverson explained that the sewer rate is fixed
based on water usage during the months of January, February, and March, which are the lowest
usage months of the year, and that is the rate that is charged for the rest of the year.
Councilmember Holden stated that she was someone who was shocked by her bill, but when she
compared it to past usage, she knows that she truly consumed the amount of water that she was
billed.
Director of Finance and Administrative Services Iverson noted that she spoke with one
resident who had purchased a house and never checked how the sprinkler system was
programmed. When he researched the programming of the system, he discovered that his
sprinklers were running for five hours per day.
Public Works Director Maurer stated that he spoke with someone who was using 9,000 gallons
of water per day when the irrigation system was turned on. That customer is now using 7,000
gallons per month now that the irrigation system has been turned off for the year.
Director of Finance and Administrative Services Iverson stated that on a positive note, some
people have found leaks that they never knew they had.
Public Works Director Maurer noted that the Council had asked staff to aggressively contact
the people who had not converted their water meter readers. He explained that during street
sweeping time, there is some "down" time. During that time, doors were knocked on and as a
result, they were able to complete more reader conversions.
Public Works Directed Maurer also noted that an added benefit with the new meter readers is
the fact that the Finance Department will receive alerts of properties that never go down to zero
for usage. This will be useful for the `snow birds' that do not live here during the winter months
in assisting in the detection of water leaks.
Mayor Grant stated that he would like to find out from staff how much water the City buys from
Roseville, and he would like to have a future discussion on that topic.
ARDEN HILLS CITY COUNCIL—OCTOBER 29, 2012 4
Public Works Director Maurer confirmed that the City can read how much water is being taken
from that system.
4. APPROVAL OF MINUTES
A. September 24, 2012, City Council Work Session
B. September 24, 2012, Regular City Council
MOTION: Councilmember Tamble moved and Councilmember Holden seconded a
motion to approve the September 24, 2012, City Council Work Session
meeting minutes and the September 24, 2012, Regular City Council meeting
minutes as presented. The motion carried unanimously (5-0).
5. CONSENT CALENDAR
A. Motion to Approve Consent Agenda Item - Claims and Payroll
B. Motion to Appr-eve ResoltAien 2012 038 Resolution Reseinding Or-dinanee
2012 005 to Lift the Me a M.vaitt l VY Multi Family Dwelling U11t J C.
Motion to Appoint Dan Altstatt to the Economic Development Commission
D. Motion to Approve Elmer L. Andersen Memorial Connections Trail — Final
Payment #8
E. Motion to Approve the 2013-15 Agreement for Law Enforcement Services
F. Motion to Approve the Website Policy
G. Motion to Approve 2012 Capital Reimbursement to Lake Johanna Fire Department
H. Motion to Acknowledge the Application of Hand In Hand Christian Montessori to
Conduct a Raffle on December 1, 2012
I. Motion to Approve 2011 PMP Final Payment#4
J. Motion to Approve Lift Station#1 and#12 Improvements—Pay Request#4
K. Motion to Adopt Resolution 2012-037 Supporting the Application for an MCES
Grant for the Elimination of Inflow and Infiltration
MOTION: Councilmember Holden moved and Councilmember Werner seconded a
motion to approve the Consent Calendar as amended and to authorize
execution of all necessary documents contained therein. The motion carried
unanimously (5-0).
6. PULLED CONSENT ITEMS
A. Resolution 2012-038 — Resolution Rescinding Ordinance 2012-005 to Lift the
Moratorium on Multi-Family Dwelling Units
Councilmember Holden stated that she felt that this resolution does not make sense at this time.
Community Development Director Hutmacher explained that it is difficult for the project
discussed earlier this evening at the work session to move forward unless the resolution is
approved.
ARDEN HILLS CITY COUNCIL—OCTOBER 29, 2012 5
City Administrator Klaers asked that the Council approve the resolution. If the Council does
not like the section dealing with the square footage of the unit sizes, then those numbers can be
discussed at a work session. He noted that changing the language in the ordinance would require
a public hearing.
Mayor Grant stated that the moratorium should be lifted.
Councilmember Holmes agreed that the moratorium should be lifted, but that it does not
preclude the City from amending the ordinance at a later date.
Councilmember Holden stated that she does not want too much time to pass before the topic is
discussed again.
Mayor Grant suggested that this topic be put on the agenda for the January City Council
meeting.
MOTION: Councilmember Holmes moved and Councilmember Werner seconded a
motion to adopt Resolution 92012-038 — Resolution Rescinding Ordinance
2012-005 and to Lift the Moratorium on Multi-Family Dwelling Units. The
motion carried (4-1) (Holden opposed).
7. PUBLIC HEARINGS
None.
8. NEW BUSINESS
A. Planning Case 12-015 — Zoning Code Amendment and CUP Application at
1160 Red Fox Road to Allow a Microbrewery with Taproom
Community Development Director Hutmacher stated that the applicant, Bartley Blume who is
representing Bent Brewstillery, is seeking to obtain a CUP to open a brewery and distillery at
1160 Red Fox Road. She noted that the application includes a taproom for the consumption of
on-sale beer brewed on site, as well as off-sale sales of growlers and 750 ml bottles.
Community Development Director Hutmacher stated that the CUP calls for amendments to the
Zoning Code to allow for the inclusion of microbreweries, microdistilleries, and brewpubs as land
uses. She also noted that a City Code amendment is also required to create two new types of
liquor licenses for on and off-sale sales of malt liquor brewed on site.
Mayor Grant inquired as to whether or not staff has talked with the applicant regarding
compliance checks and what would happen if he would fail. He also questioned if the applicant
would be selling spirits.
Community Development Director Hutmacher stated that the applicant is aware of the
compliance checks that are performed by the alcohol enforcement agent; however, she personally
has not had a conversation with him regarding the penalties for failing to comply. She noted that
ARDEN HILLS CITY COUNCIL—OCTOBER 29, 2012 6
as a distillery,the applicant can manufacture spirits, but he cannot provide on-sale or off-sale sales
of those products at the location in which they were brewed.
Discussion ensued regarding the difference between a microbrewery, microdistillery, and
brewpub.
Bartley Blume, 3287 Owasso Heights Road, Shoreview, spoke about his plans for a
microbrewery/distillery. He will serve regular and seasonal beers, and his establishment will be a
taproom; not a bar or a restaurant.
Mayor Grant stated that he has never been to a taproom. He inquired if the off-sale sales of
growlers and bombers were the primary focus of the business.
Mr. Blume stated that 50% of the business revenue will come from on-sale sales of craft beers
brewed in the taproom.
Mayor Grant questioned how many barrels of malt liquor Mr. Blume expects to brew.
Mr. Blume said that he anticipates brewing somewhere between 300 and 400 barrels per year. He
expects that he will sell about 80%of the beer he brews on-site at the taproom.
Councilmember Holmes stated that at the Planning Commission meeting, Mr. Blume mentioned
that he had been contacted by the Blue Fox over concerns regarding competing for business. She
asked if Mr. Blume could tell the Council about that conversation.
Mr. Blume noted that as he has not had a conversation with anyone at the Blue Fox yet, but he
does not see the opening of his taproom to create competition for the Blue Fox since the types of
business are so different. His business will only sell products that have been brewed on-site, so
the product is very limited. The Blue Fox offers food, live bands, longer hours of operation, and
serves many more beers and other products. He hopes to have a good working relationship with
the area businesses, and he hopes that they will be interested in carrying some of his products.
Councilmember Holden asked Mr. Blume about potential offensive odors caused by brewing
beer.
Mr. Blume stated that brewing beer in a small, confined space (i.e. brewing beer at home), can
produce odors. He stated that with the taproom business, odors will be captured within the
building. The steam generated will go up to the ceiling and will be recycled through the HVAC
system, so there will not be an odor problem emanating from his business.
Councilmember Holmes stated that there is nothing in the liquor ordinance referring to wine.
Community Development Director Hutmacher noted that the definition in the Zoning
Ordinance does include wine. The Zoning Ordinance was taken out of state statute, and it is how
the state defines a microbrewery. She mentioned that the term "bombers" indicates 750 ml
bottles, which is a standard wine bottle size. She agreed that the language included in the liquor
ordinance is geared toward beer.
ARDEN HILLS CITY COUNCIL—OCTOBER 29, 2012 7
Councilmember Holmes said that the Council should pass the ordinance as is, but the liquor
ordinance should be modified to allow wine taprooms. She noted that the Zoning ordinance
definition included wine; therefore, for consistency, the City Code liquor ordinance should also
include wine.
MOTION: Councilmember Holden moved and Councilmember Werner seconded a
motion to approve Planning Case 12-015 — Zoning Code Amendment and
CUP Application at 1160 Red Fox Road to Allow a Microbrewery with
Taproom with the five recommendations and conditions presented by staff.
The motion carried (5-0).
9. UNFINISHED BUSINESS
None.
10. COUNCIL COMMENTS AND STAFF UPDATES
Councilmember Werner welcomed Dan Altstatt to the Economic Development Commission
(EDC). He wanted to let people know that there are still openings on the EDC if anyone is
interested. The EDC meets the first Wednesday of every month at 8:00 a.m. at City Hall.
Councilmember Werner noted that the Ramsey County League of Local Governments annual
meeting is November 15 from 6:00 to 8:30 p.m. at the Hilton Garden Inn in Shoreview. The topic
of discussion is election recap and local impacts, and the guest speaker is Tom Hauser. Prior to
November 8, the event is $20 for members and staff, and after November 8, the price is increased
to $30. The public is invited, and the cost to non-members is $40.
Councilmember Holmes stated that she received an email solicitation for the Safe Routes to
School grant. She noted that there is Council concern regarding the lack of a trail from New
Brighton to the Mounds View High School. She stated that the route is dark and traffic is an
issue. A trail would be beneficial, especially if it qualified for the Safe Routes to School grant.
Public Works Director Maurer stated that he and Parks and Recreation Manager Olson have
talked about this topic, and Parks and Recreation Manager Olson is checking into it to see if the
trail qualifies for the grant.
Councilmember Holmes stated that the City needs to revisit the ordinance pertaining to rental
registration. She received notification from a resident regarding six individuals living in a home,
and she is wondering what can be done to enforce the ordinance.
Community Development Director Hutmacher stated that she will work with the City Attorney
to see what the options are.
Mayor Grant reminded everyone that the general election is Tuesday, November 6.
Councilmember Holmes added that the City is offering absentee voting at City Hall.
ARDEN HILLS CITY COUNCIL—OCTOBER 29, 2012 8
Mayor Grant asked Deputy Clerk Died to verify the hours of absentee voting.
Deputy Clerk Dietl stated that City Hall is open for in-person absentee voting Monday through
Friday from 8:00 a.m. until 4:30 p.m. Extended hours are offered at City Hall from 8:00 a.m. to
3:00 p.m. on Saturday, November 3. She noted that City Hall is also staying open until 5:00 p.m.
on Monday,November 5.
ADJOURN
MOTION: Mayor Grant moved and Councilmember Tamble seconded a motion to
adjourn. The motion carried unanimously (5-0).
Mayor Grant adjourned the Regular City Council Meeting at 8:35 p.m. and moved into a work
session pp TCAAAP.
Patrick Klaers David Grant
City Administrator Mayor