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Zionsville Redevelopment Commission (ZRDC)

Regular Meeting

Zionsville, IN · June 22, 2020

AgendaMinutes

Minutes

ZIONSVILLE REDEVELOPMENT COMMISSION REGULAR MEETING MEMORANDA FOR Monday, June 22, 2020 at 6:30 pm Via Video Conference THIS PUBLIC MEETING WAS CONDUCTED PURSUANT TO GOVERNOR ERIC J. HOLCOMB’S EXECUTIVE ORDERS 20-02, 20-04, 20-08 AND 20-26, AND GOVERNOR HOLCOMB’S EXERCISE OF HIS POWERS UNDER INDIANA’S EMERGENCY MANAGEMENT AND DISASTER LAW, INDIANA CODE 10-14-3, et seq. Members Present via ZOOM Webinar (audio and video): Sanjay Patel, President; Kent Esra; Colleen Hittle; Cindy Madrick; Kate Swanson; and Mike Shafer. Also Present: Brian Crist, Legal Counsel, and Wayne DeLong, AICP, CPM Director of Planning & Economic Development. General Public recognized as attending: Sally Zelonis and John Tousley 1. Call to Order: Sanjay Patel called the meeting to order at 6:32 pm. 2. Reports A. TIF Report: Wayne DeLong reviewed current TIF activity and project updates. 3. Old Business A. Approval and Adoption of Minutes: May 26, 2020, Regular Meeting (Conducted Electronically) and the June 4, 2020, Special Meeting (Conducted Electronically). Mr. Patel noted that Kent Esra needed to be added to the list of Members Present in both sets of Minutes. Motion: Colleen Hittle made a motion (seconded by Kent Esra) to approve the adoption of the Minutes for May 26, 2020, Regular Meeting. Roll Call Vote: Kent Esra -Y Colleen Hittle -Y Cindy Madrick-Y Kate Swanson-Y Sanjay Patel-Y The motion was unanimously approved by a roll call vote of those members present. Motion: Kent Esra made a motion (seconded by Colleen Hittle) to approve the adoption of the Minutes for June 4, 2020, Special Meeting. Roll Call Vote: Kent Esra -Y Colleen Hittle -Y Cindy Madrick-Y Kate Swanson-Y Sanjay Patel-Y The motion was unanimously approved by a roll call vote of those members present. B. Update on the Public Offering Process of certain RDC-owned parcels in the Creekside Corporate Park Development: Mr. DeLong provided a brief summary of process and confirmed that the required legal notices for the Public Offering Process had been published in the newspapers. Brian Crist stated that all of the documents related to the Public Offering Process have been posted on the Town’s website and all submitted bids will be opened at the July 27, 2020, Regular Meeting of the Redevelopment Commission. 4. New Business A. Annual Notification to Taxing Units of Anticipated 2021 Excess TIF Revenue Distribution Mr. DeLong confirmed that the required Notification to Taxing Units was distributed and filed with the State as required on June 15, 2020. The Notification stated that no excess TIF Revenues are anticipated to be distributed for the 2021 Budgets. A presentation to the Redevelopment Commission of the status of the TIF revenues is expected in an upcoming regular meeting. 5. Other Business A. Appaloosa Crossing - Residential Component: Mr. Shafer stated that he is working to coordinate a meeting with Matt Price to discuss the residential component of the project and the impact of applying the TIF process to these residences. Mr. Patel offered to join Mr. Shafer in that meeting with Mr. Price. B. The Redevelopment Commission asked for an update on the status of the negotiations for the sale of the Creekside Corporate Park lots to RLL Racing and William Tres Development. 1. RLL Racing: Mr. Crist stated the Term Sheet has been circulated to all parties and he is moving forward in drafting a Development Agreement. 2. William Tres Development: Mr. Crist stated the Term Sheet has been executed, but there are no other updates at this time. Meeting Adjourned (6:50 pm) Respectfully Submitted, Kate Swanson, Secretary The next regular meeting of the Redevelopment Commission is scheduled for Monday, July 27, 2020, at 6:30 pm.

Agenda

REGULAR MEETING OF THE ZIONSVILLE REDEVELOPMENT COMMISSION Monday, June 22, 2020 6:30 p.m. (Local Time) Electronic Meeting THIS PUBLIC MEETING WILL BE CONDUCTED PURSUANT TO GOVERNOR ERIC J. HOLCOMB’S EXECUTIVE ORDERS 20-02, 20-04, 20-08, AND 20-26, AND GOVERNOR HOLCOMB’S EXERCISE OF HIS POWERS UNDER INDIANA’S EMERGENCY MANAGEMENT AND DISASTER LAW, IND. CODE 10-14-3, et seq. ADDITIONAL INFORMATION REGARDING THE MEETING IS PROVIDED IN THE ANNEX PUBLISHED WITH THIS AGENDA. Please click the link below to join the webinar: https://us02web.zoom.us/j/88482201292 AGENDA 1. Call to Order 2. Reports 3. Old Business A. Approval and Adoption of Minutes: May 26, 2020, Regular Meeting (Conducted Electronically) and June 4, 2020, Special Meeting (Conducted Electronically) B. Update on Public Offering Process of certain RDC-owned parcels in the Creekside Corporate Park Development 4. New Business A. Annual Notification to Taxing Units of Anticipated 2021 Excess TIF Revenue Distribution 5. Other Business 6. Adjourn NEXT REGULAR MEETING: RDC – Monday, July 27, 2020 at 6:30 p.m. ANNEX TO THE AGENDA FOR THE JUNE 22, 2020, REGULAR MEETING OF THE ZIONSVILLE REDEVELOPMENT COMMISSION In his Executive Orders 20-02, 20-04, 20-08, and 20-26 (collectively, the “Executive Orders”), Governor Eric J. Holcomb has ordered all political subdivisions of the State of Indiana to limit public gatherings and to implement the Centers for Disease Control and Prevention’s and the Indiana State Department of Health’s recommended virus mitigation strategies. The Executive Orders suspend certain requirements for Essential Governmental Functions that facilitate Essential Infrastructure with respect to public meetings and open door laws, including suspending physical participation requirements by members of public agency governing bodies and permitting public attendance through electronic means of communications. As a political subdivision of the State of Indiana, the Zionsville Redevelopment Commission (the “RDC”) must comply with the Executive Orders throughout the duration of the COVID- 19 Public Health Emergency. According, all public meetings of the RDC shall be conducted in the following manner until the end of the COVID-19 Public Health Emergency: 1. Members of the public shall have the right to attend RDC Public Meetings via the following forms of electronic communication: When: Monday, June 22, 2020 06:30 PM Eastern Time (US and Canada) Topic: Zionsville RDC Meeting Please click the link below to join the webinar: https://us02web.zoom.us/j/88482201292 Or join by phone: Dial (for higher quality, dial a number based on your current location): US: +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799 or +1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799 Webinar ID: 884 8220 1292 International numbers available: https://us02web.zoom.us/u/kTmi6akC 2. Members of the public shall have the option of recording their attendance at the RDC Public Meetings via electronic roll call at the start of the meeting or via e-mail at rkilmer@zionsville- in.gov. 3. If a member of the public would like to attend a RDC Public Meeting, but cannot utilize any of the access methods described above, please contact Roger Kilmer at 317-690-6539 or at rkilmer@zionsville.gov for assistance. 4. The RDC will continually revisit and refine the procedures in this Annex to address public accessibility to RDC Public Meetings during the COVID-19 Public Health Emergency. 5. If a member of the public requires assistance connecting to the RDC Public meeting, please contact Roger Kilmer at 317-690-6539 or at rkilmer@zionsville-in.gov MEMORANDUM TO: Zionsville Redevelopment Commission FROM: Wayne DeLong, AICP, CPM Director of Planning & Economic Development RE: June 22, 2020 Redevelopment Commission Regular Meeting Below is an update on Redevelopment / TIF District Properties and Projects: Zionsville 106th Street TIF AES Restaurants, 10440 Bennett Parkway: An Application for Development Plan Approval from the Plan Commission has been filed for a 12,000± square foot office building. This would be the corporate headquarters for AES Restaurants and would include office and meeting rooms on the ground floor, with storage space in the walk-out lower level. This project is scheduled to be heard by the Plan Commission on July 20, 2020. Zionsville Medical Office Building (MOB); 10649 Bennett Parkway: A Commercial Tenant Finish Permit was issued on May 15, 2020. Aria Apartments; 11005 Octave Drive: A permit for the pool maintenance building was issued on April 30, 2020. Black Acre Brewing Company, 98 S. Main St.: A Commercial Remodel Permit was issued on April 24, 2020. 106th & Bennett, 10650 Bennett Parkway: A Temporary Certificate of Occupancy was issued on June 18, 2020. Hotel Tango; 10615 Zionsville Road: A State of Indiana Construction and Design Release has been received, but Building Permit applications have not yet been submitted to the Town. TriCo Addition; 7236 Mayflower Park Drive: A Commercial Remodel permit was issued on April 6, 2020, for an office addition/remodel. Michael Cole; 30 N. Main Street: A Commercial Remodel permit issued to Tom Simmons (contractor) on March 27, 2020, for this address. Iron Will Real Estate Holdings; 10960 Bennett Parkway: A Commercial Remodel permit was issued on January 27, 2020. CR 300 S & US 421 TIF Appaloosa Crossing: The Primary Plat and a Commitment Amendment was approved by the Plan Commission on April 20, 2020. Additionally, the Development Plan for a multi-tenant retail building was approved by the Plan Commission on April 20, 2020. Final Engineering comments have been addressed by the development team. The project is moving toward an earthwork pre-construction meeting. Projects Creekside Corporate Park (RDC): The following tasks are underway: • The Public Offering Process has been Legally Noticed and bidding instructions posted on the Town’s website. • Marketing of property & Review of Purchase Agreements and Letters of Intent • Stormwater mitigation project (CBBEL) Creekside Corporate Park (CDC): The following tasks are underway: • Seasonal maintenance, selective tree removal due to disease and damage CC: Emily Styron, Mayor Julie Johns-Cole, Deputy Mayor ZIONSVILLE REDEVELOPMENT COMMISSION REGULAR MEETING MEMORANDA FOR Tuesday, May 26, 2020 at 6:30 pm Zionsville Town Hall 1100 West Oak Street THIS PUBLIC MEETING WAS CONDUCTED PURSUANT TO GOVERNOR ERIC J. HOLCOMB’S EXECUTIVE ORDERS 20-02, 20-04, 20-08 AND 20-26, AND GOVERNOR HOLCOMB’S EXERCISE OF HIS POWERS UNDER INDIANA’S EMERGENCY MANAGEMENT AND DISASTER LAW, INDIANA CODE 10-14-3, et seq. Members Present via ZOOM Webinar (audio and video): Sanjay Patel, President; Colleen Hittle; Cindy Madrick; and Mike Shafer. Also Present: Heather James and Brian Crist, Legal Counsel, and Wayne DeLong, AICP, CPM Director of Planning & Economic Development. General Public recognized as attending: Mr. Tousley, Mr. Melton 1. Call to Order: Sanjay Patel called the meeting to order at 6:30 pm. 2. Reports A. TIF Report: Wayne DeLong reviewed current TIF activity and project updates. 3. Old Business A. TIF Appaloosa Crossing Discussion - Update from Matt Price, Attorney representing Developer. Mr. Price joined the meeting via telephone. The development team has provided updated project expense date as well as projections for assessed values to Tim Berry at Crowe for evaluation. The timing of parts of the development has been modified due to the current conditions impacted by the pandemic. The project will now be developed in two phases. Phase I will focus on the three out lots on the southern area of the project, Lots I, J, and K. Phase II will include the retail center, which received Development Plan Approval, and will begin next spring. We are finding that retail users are pausing on new development as they focus on their existing locations. Additionally, the developer has received a signed purchase agreement for the remaining 22 acres from an empty-nester community builder. Mr. Patel asked about how the infrastructure will be impacted by the change to a two-phase development. Mr. Price stated that approval of the infrastructure for the entire project has been secured. Phase I will include all water and sanitary sewer extension to serve the development. The user of out lot I is a liquor store who purchased a permit and is required to put the permit to use within 2 years of the date they acquired the permit and they have already used 1 of those 2 years. The developer has the financing in place for the bond purchase. Mr. Price provided for the Commission’s consideration and evaluation is that the “empty nester component” is a residential use and may qualify for the capture of TIF funds. The law precludes the capture of TIF funds from residential use, but there is an avenue where an age-restricted residential use can be captured. The builder must commit that at least 80% of the homes/units be available only for 55 and over residents. The purchaser is willing to make that commitment if asked. This would create additional tax revenue for items which are eligible for TIF financing. This type of age-restricted TIF is not common, but it is done in Indiana. The developer would provide additional information on this topic if the Commission would entertain the concept. Ms. James confirmed Mr. Price’s information that this is provided for in the statute and that it is not done very often. To do this, additional steps are required prior to approval. Mr. Shafer stated that the School Corporation will have many of questions regarding this proposed capture of funds from a residential use, especially when only 20% of the units would be for families yet 100% of the project would be subject to the TIF. Mr. Price clarified that the capture would not need to be 100%, but through study of the proposal, hopefully a number could be identified where it is a “win-win” for the Town, the School, and the developer. Mr. Shafer said he would work with the developer in reviewing the proposal, but is curious how this would work out. Mr. Price said there may be around 70 residential units and if it is not TIFed, there would be no age restriction which would be applied. Tim Berry of Crowe joined the conference and stated they have run the initial numbers for Phase I (primarily improvements along US 421). The first year will be tight, but with additional improvements there would be adequate coverage for the bonds. Remember that this is a developer-backed bond. We have not run the numbers for Phase II (primarily improvements along CR 300 South), but estimated assessments would be short without using the residential piece. Mr. Price clarified that the infrastructure for the overall development would be completed in Phases I & II, but the development of the residential acreage would have its own internal infrastructure which would connect to the overall infrastructure. Mr. Berry offered to do an analysis of the residential component and will present back to Commission. No formal action is needed by the Redevelopment Commission at this time. B. Approval and Adoption of Minutes: April 27, 2020, Regular Meeting - Conducted Electronically Motion: Kent Esra made a motion (seconded by Colleen Hittle) to approve the adoption of the Minutes for April 27, 2020, Regular Meeting. Roll Call Vote: Kent Esra -Y Colleen Hittle -Y Cindy Madrick-Y Sanjay Patel-Y The motion was unanimously approved by a roll call vote of those members present. 4. New Business A. Public Offering Process - Reoffering of certain RDC-owned in the Creekside Corporate Park Development Mr. DeLong provided a brief history of the original offering of lots within Creekside which occurred in 2017. This will be a re-offering of certain lots within Creekside. Mr. Crist identified the lots to be offered in this process and outlined the steps to do so. This process begins with a Resolution by the Redevelopment Commission to offer the lots based upon the average value of two appraisals. Legal Notices of the offering must be published in which the bidding period must be stated. Bids will then be opened at a specified public meeting. Motion: Kent Esra made a motion (seconded by Colleen Hittle) to authorize Ice Miller to create the offering documents and the Resolution for the sale of certain lots within Creekside Corporate Park. Roll Call Vote: Kent Esra -Y Colleen Hittle -Y Cindy Madrick-Y Sanjay Patel-Y The motion was unanimously approved by a roll call vote of those members present. A Special Meeting of the Redevelopment Commission will be scheduled to review the offering documents and the Resolution. 5. Other Business - None Meeting Adjourned (7:20 pm) Respectfully Submitted, Kate Swanson, Secretary The next regular meeting of the Redevelopment Commission is scheduled for Monday, June 22, 2020, at 6:30 pm. ZIONSVILLE REDEVELOPMENT COMMISSION SPECIAL MEETING MEMORANDA FOR Thursday, June 4, 2020 at 6:30 pm Zionsville Town Hall 1100 West Oak Street THIS PUBLIC MEETING WAS CONDUCTED PURSUANT TO GOVERNOR ERIC J. HOLCOMB’S EXECUTIVE ORDERS 20-02, 20-04, 20-08 AND 20-26, AND GOVERNOR HOLCOMB’S EXERCISE OF HIS POWERS UNDER INDIANA’S EMERGENCY MANAGEMENT AND DISASTER LAW, INDIANA CODE 10-14-3, et seq. Members Present via ZOOM Webinar (audio and video): Sanjay Patel, President; Colleen Hittle; Cindy Madrick. Also Present: Brian Crist, Legal Counsel, and Wayne DeLong, AICP, CPM Director of Planning & Economic Development. General Public recognized as attending: Rachel Huser of the Boone County EDC The first five minutes (approximately) of the Special Meeting were not recorded due to a technical problem. Due to difficulties of Brian Crist joining the meeting at the beginning, Other Business items from the Agenda were discussed prior to Old Business items. 1. Call to Order: Sanjay Patel called the meeting to order at 6:35 pm. 2. Reports - None 3. Other Business A. Programmatic use of parcels of ground owned by the Department of Redevelopment. Sanjay Patel introduced the matter and Wayne DeLong outlined two recent requests for temporary use of land owned by the RDC resulting from the need to facilitate social distancing. For the first request, the RDC was requested to consider the temporary use of Lot 2 at Town Hall in conjunction with the Farmers Market being conducted at Town Hall for the 2020 season (as the current home was being impacted by current events). Moving the Farmers Market to the Town Hall parking lot allowed more room to facilitate a vehicular based market, but that required additional space for vehicles selling “heavy produce” such as melons and corn. The second request is for the RDC to consider the temporary use of portions of lots in Creekside to host outdoor events that need more space than can be currently provided in locations within our parks system. In the specific case filed with the Mayor’s office currently, a party desires to host free yoga classes on Saturday mornings within the finished mowed area of Lot 12 in Creekside Corporate Park. As all lots are currently for sale, this activity can only occur until the lots is no longer owned by the RDC. Following a brief discussion, the RDC indicated its support of the temporary use of parcels owned by the RDC for purposes of facilitating social distancing. B. Zionsville Microloan Program Transfer of $55,000 from the current Zionsville Microloan Program to a loan program administered through the Boone County Economic Development Corporation. This program is to assist small businesses which have been adversely impacted by the pandemic. Mr. Patel clarified that the Boone EDC will be the initial point of contact for this program, not the Town of Zionsville. Ms. Madrick asked if there is a maximum amount per loan. Mr. DeLong stated the current program through the Boone County CDC has a cap of $5,000.00 per loan. Rachel Huser stated they have raised the cap for small businesses in Boone County to $10,000 per loan. The average loan request they is receiving is $10,000, but the granted loan amount varies upon the specific situation. Ms. Huser provided additional information on their evaluation process. Mr. Patel recommended that the Redevelopment Commission support the transfer of $55,000 to the Boone County EDC fund to provide loans to small businesses with a maximum amount of $10,000 per loan. Comments were requested from the other RDC members. None spoke in opposition to the recommendation. 4. Old Business A. Public Offering Process - Re-offering of certain RDC-owned in the Creekside Corporate Park Development Wayne DeLong summarized the Resolution and the related documents for the re-offering of certain lots within Creekside Corporate Park. Brian Crist provided details of the documents and the designed timeline for the re-offering process. Motion: Kent Esra made a motion (seconded by Colleen Hittle) to adopt Resolution 2020-01 for the public re-offering of certain RDC-owned in the Creekside Corporate Park Development. Roll Call Vote: Kent Esra -Y Colleen Hittle -Y Cindy Madrick-Y Sanjay Patel-Y The motion was unanimously approved by a roll call vote of those members present. 5. New Business - None Meeting Adjourned (7:03 pm) Respectfully Submitted, Kate Swanson, Secretary The next regular meeting of the Redevelopment Commission is scheduled for Monday, June 22, 2020, at 6:30 pm. June 15, 2020 Honorable Emily Styron Mayor, Town of Zionsville Zionsville Town Hall 1100 West Oak Street Zionsville, IN 46077 estyron@zionsville-in.gov Dear Mayor Styron: The Town of Zionsville Redevelopment Commission (the “Commission”) has previously established (or assumed jurisdiction over) the Zionsville Economic Development Area, which is comprised of the Original Zionsville Economic Development Allocation Area and the Creekside Allocation Area, the Oak Street Economic Development Area, the 334/700 East Economic Development Area, the Metro FiberNet Economic Development Area, the 146 th Street Economic Development Area, and the Holliday Farms Economic Development Area and corresponding allocation areas (the “TIF Allocation Areas”) for purposes of capturing tax increment revenues (the “TIF Revenues”) pursuant to IC 36-7-14-39 and IC 36-7-14-39.3. This is to notify you, pursuant to IC 36-7-14-39(b)(4), that the Commission has determined that for budget year 2021, the Commission will need to capture all of the incremental assessed value from the TIF Allocation Areas to generate TIF Revenues sufficient to meet the Commission’s respective outstanding debt service obligations, to pay for projects that are located in or that directly serve and benefit the TIF Allocation Areas, and to meet other purposes described in IC 36-7-14-39(b)(3). Therefore, there is no excess assessed value from the TIF Allocation Areas that may be allocated to the respective taxing units for budget year 2021. Sincerely, TOWN OF ZIONSVILLE REDEVELOPMENT COMMISSION By: _____________________________ Sanjay Patel, President Redevelopment Commission

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