Zionsville Redevelopment Commission (ZRDC)

REGULAR MEETING OF THE ZIONSVILLE REDEVELOPMENT COMMISSION Monday, June 28, 2021 6:30 p.m. (Local Time) THIS PUBLIC MEETING WILL BE CONDUCTED ONSITE AND ELECTRONICALLY AS ALLOWED BY VARIOUS EXECUTIVE ORDERS OF THE GOVERNOR OF INDIANA 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 NOTICE. Members of the public shall have the right to attend the Redevelopment Commission Meeting via the following forms of electronic communication: Please click this URL to join. https://us02web.zoom.us/j/89593731890 Webinar ID: 895 9373 1890 Or by Telephone at the following numbers: +1 312 626 6799 or +1 646 558 8656 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 9128 or +1 253 215 8782 Masks are optional for employees and visitors to Zionsville Town Hall and Town of Zionsville facilities. Those attending meetings in Town Hall conference rooms are not required to wear mask EXCEPT when an attendee requests others to wear a mask. If you feel unwell or are experience COVID-19 symptoms, please stay home. AGENDA 1. Call to Order 2. Recognition of Attendees who request to be noted. 3. Reports 4. Old Business A. Approval and Adoption of Minutes: May 24, 2021, Regular Meeting 5. New Business A. Annual Notification to Taxing Units of Anticipated 2022 Excess TIF Revenue Distribution B. Resolution regarding Payment of Claims 6. Other Business A. None 7. Adjourn NEXT REGULAR MEETING: RDC – Monday, July 26, 2021 at 6:30 p.m.  ANNEX TO THE AGENDA FOR THE JUNE 28, 2021 REGULAR MEETING OF THE ZIONSVILLE REDEVELOPMENT COMMISSION In his various 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 28, 2021 @ 6:30 pm Eastern Time (US and Canada) Topic: Zionsville RDC Meeting Please click this URL to join: https://us02web.zoom.us/j/89593731890 Webinar ID: 895 9373 1890 Or by Telephone at the following numbers: +1 312 626 6799 or +1 646 558 8656 or +1 301 715 8592 or +1 346 248 7799 or +1 669 900 9128 or +1 253 215 8782 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 Joe Rust at 317-873-5410 or at jrust@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 28, 2021 Redevelopment Commission Regular Meeting Below is an update on Redevelopment / TIF District Properties and Projects: Zionsville 106th Street TIF AES Restaurants, 10440 Bennett Parkway: A Commercial New Construction Permit was issued on June 23, 2021. While construction commences, a Development Plan Amendment Petition is anticipated for the addition of another row of parking. Town Hall Renovation; 1100 W. Oak Street: A Certificate of Occupancy was issued on June 15, 2021. Our Place Coffee, 65 S. First Street: A Construction Design Release was issued for this remodel on June 14, 2021. Group 1001, 10555 Group 1001 Way: A Commercial Remodel Permit was issued on June 7, 2021. Fanimation, Inc., 10983 Bennett Parkway: A Commercial Remodel Permit was issued on May 25, 2021. RLL Racing Headquarters: A Grading Permit and a Commercial New Construction Permit were issued on April 8, 2021. Construction is ongoing. Hotel Tango; 10615 Zionsville Road: A Commercial Remodel Permit for a storage area was issued on April 2, 2021. Wildwood Designs; 180 S. Main St.: A Commercial Remodel Permit was issued on March 24, 2021. Black Acre Brewing Company, 98 S. Main St.: A Commercial Remodel Permit was issued on April 24, 2020. CR 300 S & US 421 TIF Appaloosa Crossing: Multiple outlot pads have been developed. Appaloosa Crossing - Outlot “Shops”: A Pre-Construction Meeting for this multi-tenant retail building is anticipated the week of June 28, 2021, with construction beginning immediately. Appaloosa Crossing - Outlot “H”: A Pre-Construction Meeting for the convenience store/gas station is anticipated in early July, with construction beginning immediately. Appaloosa Crossing - Outlot “J”: A Pre-Construction Meeting for the multi-tenant office building is anticipated in July, with construction beginning immediately. Appaloosa Crossing - Outlot “K”: A Use Variance and Development Standards Variance was approved by the Board of Zoning Appeals on May 5, 2021. A Development Plan Petition for the multi-tenant building was approved by the Plan Commission on May 17, 2021. Projects Creekside Corporate Park (RDC): The following tasks are underway: • 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 (“RDC”) REGULAR MEETING MEMORANDA FOR Monday, May 24, 2021 at 6:30 pm In-person and Video Conference Meeting THIS REGULAR PUBLIC MEETING WAS CONDUCTED PURSUANT TO VARIOUS EXECUTIVE ORDERS OF THE GOVERNOR OF INDIANA UNDER INDIANA’S EMERGENCY MANAGEMENT AND DISASTER LAW, INDIANA CODE 10-14-3, et seq. Members Present: (In-person) Sanjay Patel, President; Kent Esra, (via Zoom) Kate Swanson and Colleen Hittle. Also Present: Wayne DeLong, AICP, CPM Director of Planning & Economic Development, (via Zoom) Brian Crist, Legal Counsel and Roger Kilmer, Planner I - Economic Development. 1. Call to Order: Sanjay Patel called the meeting to order at 6:33 pm. 2. Mr. Patel thanked Cindy Madrick for her time serving the Town through the Redevelopment Commission and noted she is moving to the Town’s Plan Commission. 3. General Public recognized as attending: Cara Weber, Tammy Kelly, Vicki Hall, and Sally Zelonis 4. Reports A. TIF Report: No report presented. 5. Old Business A. Approval and Adoption of Minutes: March 15, 2021, Special Meeting Motion: Kent Esra made a motion (seconded by Colleen Hittle) to approve the minutes of the March 15, 2021 Special Meeting. Roll Call Vote: Kate Swanson - Y Colleen Hittle - Y Kent Esra - Y Sanjay Patel - Y The motion was unanimously approved by a roll call vote. B. Approval and Adoption of Minutes: April 26, 2021, Regular Meeting Mr. Patel did note one comment for clarification. Motion: Kent Esra made a motion (seconded by Colleen Hittle) to approve the minutes of the April 26, 2021 Regular Meeting. Roll Call Vote: Kate Swanson - Y  Colleen Hittle - Y Kent Esra - Y Sanjay Patel - Y The motion was unanimously approved by a roll call vote. 6. New Business A. Community Development Corporation Recommendations for Grant Applications Received 1) zWorks @ 85 East Cedar Street: Vicki Hall presented the needs of zWorks and outlined how this grant would be utilized. This request is for $15,000.00. Mr. DeLong shared that the Community Development Corporation heard the zWorks presentation and voted unanimously to recommend approval of this request. Motion: Kent Esra made a motion (seconded by Colleen Hittle) to approve the grant amount of $15,000.00 to zWorks. Roll Call Vote: Kate Swanson - Y Colleen Hittle - Y Kent Esra - Y Sanjay Patel - Y The motion was unanimously approved by a roll call vote. B. Creekside Corporate Park - Lots 10 & 11: Update on status of Term Sheet with Formation Investments, LLC Mr. DeLong shared that Formation Investments, LLC has not requested an extension of the Term Sheet. Therefore, it is recommended that Lots 10 & 11 of Creekside be marketed in the same manner as all other available lots within Creekside. C. Community Development Corporation Grant Request: $10,225 (Year 2021 Expenses) Ms. Cara Weber, President of the Community Development Corporation, presented information regarding the funding request. The amount requested is to cover the following items: 1. Legal Fees for the work required to change the status of the Corporation from a 501(c)3 to a 501(c)4 and the restructuring of the Microloan Program; 2. Accounting Fees in response to the distribution of Covid-related grants in 2021; 3. Insurance expense related to the common areas of Creekside Corporate Park; and 4. Expenses related to the replacement of certain landscaping within Creekside Corporate Park. Ms. Tammy Kelly added that this is a one-time request and it is anticipated that the income stream from Creekside Corporate Park will be increasing as additional lots are developed and the new owners will then be contributing to the Common Area Maintenance Fund. Ms. Swanson requested an update on the funding status of the Redevelopment Commission. Mr. DeLong explained that the funding level of the Redevelopment Commission is strong. Mr. Crist added that some of the monies for this request may be available through TIF Funds. Motion: Kent Esra made a motion (seconded by Kate Swanson) to approve the grant amount of $10,225.00 to the Community Development Corporation for the 2021 Budget. Roll Call Vote: Kate Swanson - Y  Colleen Hittle - Y Kent Esra - Y Sanjay Patel - Y The motion was unanimously approved by a roll call vote. D. Remote Meeting Access Mr. Patel noted that the Redevelopment Commission has been meeting over the past 16 months under the Governor’s Emergency Orders, but moving forward, Mr. Crist has been asked to look into how this can be continued as the Emergency Orders come to an end. Mr. Crist stated that the Governor’s Orders expire May 31, 2021. He added that this Redevelopment Commission adopted and electronic meeting policy under the Indiana Code Section 36-7-14 specifically permitting a form of electronic meetings in March, 2020. No adjustments to the electronic meeting policy are required at this time. 7. Other Business: None The next regular meeting of the Redevelopment Commission is scheduled for Monday, June 28, 2021, at 6:30 pm. Meeting Adjourned (6:58 pm) Respectfully Submitted, Kate Swanson, Secretary  TIF Notification Letter to Overlapping Taxing Units June 10, 2021 To: Boone County Auditor and Boone County Council c/o Boone County Auditor Boone County Solid Waste Management District Department of Local Government Finance Hussey-Mayfield Memorial Public Library and Library Board c/o Library Director Whitestown and Whitestown Town Council c/o Clerk-Treasurer Zionsville Community School and School Board c/o Zionsville School Superintendent Zionsville and Zionsville Town Council To Whom it may Concern: 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 146th 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 2022, 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 2022. Sincerely, TOWN OF ZIONSVILLE REDEVELOPMENT COMMISSION By: _____________________________ Sanjay Patel, President Redevelopment Commission  ZIONSVILLE REDEVELOPMENT COMMISSION RESOLUTION TO ALLOW THE ZIONSVILLE DIRECTOR OF FINANCE AND RECORDS OF THE TOWN OF ZIONSVILLE TO MAKE CERTAIN CLAIM PAYMENTS IN ADVANCE PURSUANT TO INDIANA CODE § 36-7-14-8 RESOLUTION NO. 2021-__ WHEREAS, pursuant to Ordinance 99-14 and § 31.16 of the Zionsville Town Code, the Town of Zionsville, Indiana (the "Town") established the Department of Redevelopment (the "Department") to be controlled by the Zionsville Redevelopment Commission (the "Commission") to provide for the redevelopment and economic development purposes including all the powers set forth in Ind. Code § 36-7-14 and Ind. Code § 36-7-25; and WHEREAS, Ind. Code § 36-7-14-8 designates the fiscal officer of the Town to serve as the treasurer of the Commission with charge over and responsibility for the administration, investment, and disbursement of all funds and accounts of the Commission; and WHEREAS, pursuant to Resolution 2014-11 concerning the Reorganization of the Town, the duties of the fiscal officer of the Town have been delegated to the Department of Finance and Records led by its Director of Finance and Records (the "Director"); and WHEREAS, pursuant to Ind. Code § 36-7-14 and Ind. Code § 5-11, the Commission has the sole responsibility for approving claims made against the funds held by the Commission; and WHEREAS, Ind. Code § 36-7-14-8 allows the Director, as the treasurer of the Commission, to disburse funds of the Commission only after the Commission allows and approves the disbursement unless, by resolution or rule, the Commission authorizes the Director to make certain types of disbursements before the Commission’s allowance and approval at its next regular meeting; and WHEREAS, the Commission believes, as evidenced by this Resolution, that authorizing the Director to make certain types of disbursements before the Commission’s allowance and approval at its next regular meeting will assist the Commission in timely paying for services and goods, create cost savings for the Commission, and foster better working relationships with vendors and service providers. NOW, THEREFORE, BE IT RESOLVED BY THE ZIONSVILLE REDEVELOPMENT COMMISSION, THAT: Section 1. The Commission shall have the sole responsibility to allow and approve claims made against the funds held by the Commission prior to the disbursement of such funds, except as provided in Section 2 herein. Section 2. The Director or her designee shall have the authority to make claim payment in advance of approval from the Commission at its next regular meeting for the following types of expenses, to the extent such expenses are lawful Commission expenses: (a) Property or services purchased or leased from: 4816-2164-7342.1  i. the United States government; or ii. an agency or a political subdivision of the United States government. (b) License fees or permit fees. (c) Insurance premiums. (d) Utility payments or utility connection charges. (e) Federal grant programs if: i. advance funding is not prohibited; and ii. the contracting party provides sufficient security for the amount advanced. (f) Grants of state funds authorized by statute. (g) Maintenance agreements or service agreements. (h) Lease agreements or rental agreements. (i) Principal and interest payments on bonds. (j) Payroll. (k) State, federal, or county taxes. (l) Expenses that must be paid because of emergency circumstances. (m) Expenses described in an ordinance or Commission resolution. (n) Expenses related to any power or duty of the Commission outlined in Ind. Code § 36-7. Section 3. The Director shall ensure each payment of a claim paid in advance shall be supported by a fully itemized invoice or bill and certification by the Director. Section 4. The Commission shall review and allow the claim at the Commission’s next regular meeting or special meeting following such preapproved payment of the claim. Section 5. If any part of this Resolution shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remainder of this Resolution. Section 6. This Resolution shall be effective upon passage and shall repeal or replace any prior resolution contradicting the authority granted herein to the Director concerning the Director’s authority to make claim payments before the Commission’s allowance and approval at its next regular meeting. 4816-2164-7342.1  Adopted this 28th day of June, 2021. ZIONSVILLE REDEVELOPMENT COMMISSION ________________________________________ President or Presiding Officer APPROVED: _________________________ Secretary 4816-2164-7342.1