Zionsville Redevelopment Commission (ZRDC)

ZIONSVILLE REDEVELOPMENT COMMISSION REGULAR MEETING MEMORANDA FOR Monday, November 28, 2016 at 6:30pm Zionsville Town Hall-Community Room 1100 West Oak Street Members Present: Brad Johnson, President, Luke Phenicie, Vice President, Mark Plassman, Secretary, Wade Achenbach, Treasurer, and Kent Esra. Also Present: Wayne DeLong, AICP, Director of Planning & Economic Development, Bruce Donaldson, counsel to the RDC, Richard Starkey, counsel to the RDC. A. Opening a. Call meeting to order - Brad Johnson called the meeting to order at 6:30pm and noted the Revised Agenda (which included the November 4, 2016 Special Meeting Memorandum). b. Review of Memorandums of the October 27, 2016 regular meeting and November 4, 2016 special meeting (Memorandums are available). 1. Action Taken: A motion was made by Luke Phenicie (seconded by Wade Achenbach) to approve the following Memorandums: October 27, 2016 regular meeting and November 4, 2016 special meeting. The motion was unanimously approved. B. Old Business a. Redevelopment Area project update: Wayne DeLong offered an update on projects within and near the RDC’s four (4) TIF areas (and provided a written report). b. Creekside Committee Reports: Infrastructure: Wayne DeLong summarized the current status of the Project’s schedule (copy of current schedule and percent complete was available as a part of the discussion). Business Plan and Marketing: no specific update (other than recognizing that updated marketing materials will be created based on the adjustments made to Creekside’s street layout). Financial: Wayne DeLong offered a summary of the current projected expenses related to the construction of Creekside (project is currently within budget) related to construction expenses and professional expenses. Specific to professional expenses, the RDC began discussions regarding Creekside’s Covenants and Restrictions (agenda item is under new business). Wayne DeLong introduced this item and indicated the RDC leadership had requested that quotes be sought for this service. Responses had been received from two (2) legal firms and both were offering services for $10,000. C. New Business a. Metro FiberNet License: Brad Johnson introduced the item and Wayne DeLong summarized the history related to the request and steps taken to determine that the issuance of the license was the preferred method to convey site access and utilization by Metro FiberNet. In summary,  the following items were identified as key issues in the creation of the license: that the Hut be location on the northern portion of the selected site (being a site that is just east of the Duke Energy Old 106th Street substation) and that costs incurred with creation of the Tax Increment Finance (TIF) District associated with Metro FiberNet be assigned to Metro FiberNet and not the Commission. In response to questions, Richard Starkey explained that while the Metro FiberNet TIF is exclusive to Metro FiberNet, any party could propose the same “deal” to the Commission and the Town, for consideration at a future meeting. Additionally, Bruce Donaldson offered a detailed explanation between a license and a lease (in the context of Metro FiberNet), and offered that a license is the preferred method to convey to Metro FiberNet the necessary permissions related to the use and occupancy of the site. The Commission expressed an interest that the Hut site be limited to no more than four (4) pads with one (1) generator, and that utilization of the Hut site be restricted for the use and benefit of territory within Zionsville. Steve Biggerstaff of Metro FiberNet explained that the initial rollout of services would start from the urban core of Zionsville and that expansion is always the method of operation for Metro FiberNet, and that Metro FiberNet would be in communication with community Home Owner Associations related to the rollout, and expected to commence with rollout in the spring of 2017. Bruce Donaldson, in response to a question regarding excess revenues from the TIF district as well as next steps, indicated that additional revenues would be used to reduce the debt service, and that Staff should be directed to commence with developing the license form. 1. Action Taken: A motion was made by Luke Phenicie (seconded by Mark Plassman to 1) approve the use of a portion of Creekside Corporate Park (commonly known as 5150 Old 106th Street) for Metro FiberNet (inclusive of: Hut, expansion pads, supporting infrastructure, enclosure, and associated access drive), and, referred to the permission to utilize the site as an “incentive” granted to Metro FiberNet, and 2) grant a license to Metro FiberNet related to access and utilization of the site (as well as authorization to commence with legal work associated with the development of the license). The motion was unanimously approved. b. Public Hearing (proof of publication was available): Metro FiberNet Declaratory Resolution and establishment of Economic Development Area / approval of Economic Development Plan. Brad Johnson introduced the matter and Wayne DeLong summarized the prior steps taken by the Town’s various entities associated with the consideration of the Metro FiberNet proposal as well as outlined which entities will be required to take future action on the Metro FiberNet matter (assuming passage of the Declaratory Resolution by the Commission. Brad Johnson opened the Public Hearing and it was noted that no parties from the public were in attendance to speak on the matter. The public hearing was closed. Richard Starkey summarized next steps for the Commission based on the closure of the public hearing, and Resolution Number 2016-024 was assigned. 1. Action Taken: Luke Phenicie made a motion (seconded by Wade Achenbach) to approve Declaratory Resolution 2016-04, to establish an Economic Development Area, and to approve an Economic Development Plan. The motion was unanimously approved (resulting in the execution Resolution 2016-04). D. Boone Economic Development Commission Update (no update was provided) E. Other Business (no other business was discussed) Adjournment (the meeting adjourned at 7:37pm) Respectfully Submitted, Wayne DeLong, Director of Planning & Economic Development The next meeting of the Redevelopment Commission is scheduled for December 22, 2016 at 6:30pm.