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Home My WebLink About09-22-14CITY OF LAKEVILLE SPECIAL CITY COUNCIL MEETING MINUTES September 22, 2014 Mayor Little called the meeting to order at 5:45 p.m. in the Council Chambers at City Hall. Members Present: Mayor Little, Council Members Davis, Anderson and LaBeau Absent: Council Member Swecker Also present: Allyn Kuennen, Interim City Administrator; David Olson, Community & Economic Development Director; Daryl Morey, Planning Director; Sue Palm, Communications Manager, Judi Hawkins, Deputy Clerk 2. Tax Increment Financing District No. 19 - BTD Manufacturing The Community & Economic Development Director presented a resolution calling a public hearing on October 2011, to consider the proposed modification of Airlake Redevelopment Project No. 1 and the establishment of Tax Increment Financing (TIF) District No. 19 for the BTD Manufacturing expansion project. BTD Manufacturing is requesting TIF assistance for eligible project costs associated with a 200,000 square foot expansion of its existing warehouse facility located at 21350 Cedar Avenue. The expansion will create 100 new jobs in Lakeville. Motion was made by Anderson, seconded by Davis, to approve Resolution No. 14-83 calling a public hearing upon the request of the Housing and Redevelopment Authority for the City of Lakeville on the proposed modification of the Airlake Redevelopment Project No. 1 and the establishment of Tax Increment Financing District No. 19 within the redevelopment project and the proposed approval and adoption of a modified redevelopment plan and tax increment financing plan relating thereto. Roll call was taken on the motion. Ayes - Anderson, LaBeau, Davis, Little 3. Spirit of Brandtjen Farm Commercial 1st Addition Jacob Fick of Tradition Development presented the next phase of Spirit of Brandtjen Farm, which will be their first commercial development phase. Sand and gravel processing operations previously occupied the subject site and currently occupies the adjoining property to the east. Aggregate Industries will vacate the property and cease operations in 2014 with reclamation in 2015 and 2016. The first stage of the two-stage process consists of the proposed commercial development project with Hy -Vee, Inc. as the proposed anchor tenant. Special City Council Meeting Minutes, September 22, 2014 Page 2 The second phase will consist of the construction of a City street at the existing intersection of Pilot Knob Road and Dodd Blvd. to be named 162"d Street. Phil Hoey, Director of Real Estate for Hy -Vee, Inc., stated that the plat consists of a 92,000 square -foot grocery store, a convenience fuel store, and a car wash within the SBF PUD. A full sit-down restaurant will be included in the store. Dan Licht of TPC provided a brief summary of the applications from SBF Development Corp. for a PUD development stage plan for Hy -Vee and a preliminary and final plat of two commercial lots and seven outlots. The subject site is located at the southeast corner of County Road 46 (1601 Street) and Pilot Knob Road. The plat includes three outlots for future commercial development. The proposed commercial development meets the required zoning and parking requirements and the standards established by the SBF PUD approved in 2005. The fuel site and car wash will meet environmental standards as adopted in the zoning ordinance. Park Dedication was established as part of the Master SBF PUD. The Planning Commission held a public hearing to consider the request and recommends approval subject to 15 conditions as listed in the planning report. Mayor Little asked what the distance is between the restaurant's patio and the nearest residential neighborhood. Mr. Fick estimated that it is somewhere around 250-350 feet, and buffers between the uses will include a road and the cemetery. Mr. Fick briefly explained the Reserved Area Agreement with Dakota County requires preservation of 250 feet of right of way for both Pilot Knob Road and 1601 Street within one- quarter mile of the intersection for a possible future interchange. Only minimal improvements are allowed within the reserved area and can include landscaping, signage, irrigation, monuments, and small utilities, but not buildings or parking lots. Motion was made by Anderson, seconded by Davis, to approve Resolution No. 14-84 approving the preliminary and final plat of Spirit of Brandtjen Farm Commercial 15L Addition, and a Reserved Area Agreement. Roll call was taken on the motion. Ayes - LaBeau, Davis, Little, Anderson 4. Resolution allowing Charter Communications to relocate local community programming Mr. Kuennen presented a resolution granting Charter Communications a waiver from the City's cable franchise agreement requirement which would allow Charter to relocate local community programming to higher channel number locations in conjunction with Charter preparing to change all subscribers over to digital service. Special City Council Meeting Minutes, September 22, 2014 Page 3 Brian Grogan, attorney with Moss and Barnett representing the City of Lakeville, stated that as part of their franchise agreement Charter is required to carry the four public, educational, and government (PEG) access channels on certain numbers and any relocation requires the City's consent, which Charter is requesting at this time. Council received a revised, red -lined resolution reflecting changes since the packet materials were distributed. Some equipment will be required in order to allow transmission of the City's EGG signal. Charter will provide up to $10,000 for the equipment and will be responsible for the equipment at their facility. Customers will be notified of the change and will have the benefit of high definition channels. Mayor Little asked if the lower channel numbers are more frequently viewed. Mr. Grogan stated that this issue was also discussed by the Cable Board; however, because the current franchise agreement is about to expire, negotiations will become more challenging, and he believes the high definition channel will be beneficial. Charter is bringing this to the City as a separate issue from the franchise renewal due to their upcoming cut -over to digital service at the end of September. Mr. Grogan believes this resolution presents benefits to both the City and the subscribers. Council Member LaBeau asked how subscribers would be notified of the new channels. Grogan stated that there are streaming and on-screen guides planned, as well as printed materials in bills. Grogan stated that there have been efforts by Charter across the state to educate the public about the relocated channels. LaBeau questioned the $10,000 maximum to be paid by Charter and if the costs could be more. Grogan stated that it is a good faith estimate, and they expect the actual cost to be much lower. Council Member Davis asked what the impact would be if the resolution was not approved. Carol Wold Sindt, attorney with Bremer Law representing Charter Communications, stated that Charter wishes to receive Council approval and believes that the cost share investment is for the good of the community. Relocation of several channels in the lineup will create "neighborhoods" of channels with like subject matter. The cost is for equipment only; other expenses for technology will be Charter's responsibility. Ms. Sindt stated that there will not be a line item on the subscribers' bills that indicate a charge as a result of this agreement. Cable TV Board Chair Robin Selvig stated that this issue has been discussed by the board since April and they are confident that this is the best possible outcome. Lakeville will be the first to have their public access channel broadcast in high definition in 2016. The board is committed to having the best possible relationship with Charter as the franchise agreement is negotiated. Special City Council Meeting Minutes, September 22, 2014 Page 4 Motion was made by Anderson, seconded by Davis, to approve Resolution No. 14-85 granting Charter Communications a waiver from its cable franchise requirement and allowing Charter to relocate local community programming to higher channel number locations. Roll call was taken on the motion. Ayes - Davis, Little, Anderson, LaBeau Mayor Little adjourned the meeting at 6:50 p.m. Respectfully submitted, AgJL�I'Au-"� Ju H awkins, Deputy Clerk Matt Little4/7-- - - , Mayor