Zionsville Redevelopment Commission (ZRDC)

ZIONSVILLE REDEVELOPMENT COMMISSION (“ZRDC”) REGULAR MEETING MEMORANDA FOR Monday, September 26, 2022 at 6:30 pm In-person and Video Conference Meeting In Attendance: Sanjay Patel, Kent Esra, Kate Swanson, Michael Berg Virtual: Colleen Hittle, Jaclyn Spillane Staff attending: Owen Young, Corrie Sharp, Brian Crist, attorney Patel Call to order the, the regular meeting of the Zionsville Redevelopment Commission for Monday, September 26, 2022 at 6:30 p.m. here in Town Hall. I would like to recognize those that are in attendance from the RDC. We have Mike Berg, Kent Esra and Kate Swanson. Online, I believe, we have Colleen Hittle and Jaclyn Spillane. Is that correct? ?? Soon. Patel Or soon to be online? Great. Thank you. And is anyone online or here live that would be, like to be recognized as attendees and being noted? Anyone online that wants to be noted? ?? John – Young John Tousley? ?? John Trussley. Esra Tousley. Patel Tousley? Okay. ?? John Tousley, Jaclyn. Patel So we would want to forward Jaclyn to our meeting if you could please. As you have for Colleen. Esra Do we need to have them on the screen? Patel I don’t believe we need to see them – Esra Okay. Patel Live as along as long as they’re in attendance – Esra Okay, just curious. Patel And been noted. So it looks like Jaclyn and Colleen are both there. Great. Okay, anyone besides John Tousley online now that would like to be noted? Young Sally Zelonis. Patel Sally’s on there too? Okay, great. Thank you. All right, Owen, if you could, provide a report for the TIF Area. Young Okay, so I’ll try and keep this brief. There’s a lot of yellow. So we’re going to start with the 106th Street TIF Our Place Coffee: Just got their Certificate of Occupancy and that got issued on 09/15 so they are up and running. Nicholson Orthodontics: They have an Amendment that was issued on 08/26. The 100 Hair Salon: Their final inspection was scheduled on 09/20. Esra Owen, if I might? Young Sure. Esra Where is 620 South Main? Is that correct? It’s the 100 Hair Shop you just mentioned. Young I don’t know. I can look into it. Esra Because, because I am at 160 South Main. Young Uh huh. Esra So if it’s – I don’t, we just didn’t know where it was. Young I pulled this from the permit database so I – Esra All right. No big deal. Young Next one is – Esra Just curious. Young Next one is – Berg It’s by the Outfitters. Esra I’m sorry? Berg By the canoe outfitters. Esra Okay. That makes sense. Swanson Hmm. Berg Sorry. Young Next one is Equiteam, LLC at 65 South 1st Street. They got a Certificate of Occupancy on 09/15. AES Restaurant Corporation over on Mayflower Parkway: They got their final. They passed that and they’ve got a temporary Certificate of Occupancy that was issued. Jake Watson over on Deandra Drive: Commercial remodel was issued late last month. Clarence Dale Kennedy: A commercial remodel that was issued late last month. That’s at 45 South Main Street. Moving on to Creekside: RLL Racing Headquarters: They passed their above ceiling on 09/15. I want to say that this is a second or third above ceiling they’ve had but they are moving right along. Also we have the Creekside Corporate Park redlines that are, I think we’re discussing today and that’s going through, that’s going to be going to Plan Commission October 17th. Moving on to the CR 300 South/U.S. 421 TIF: The Outlot Appaloosa Crossing Outlot “B Shops”: The, they have commercial new. A multi-tenant retail building. The final has failed but they were permitted to move forward with tenant finishes on 09/14. Aspasia Coffee & Bake Shop: Their final is now scheduled at the end of this month at 09/29. Verde Restaurant: Their above ceiling was passed and their Amendment was also passed on 09/23. Haven Dental: At CR 300 South/U.S. 421 TIF: Their above ceiling was passed. Classic Cleaners: Their above ceiling was passed. Harris FLP: That’s the overall developer of Appaloosa Crossing. They are going to BZA October 5th to, for two development standards variances: One for increased number of signs, I’m sorry – just one. Increased number of signs for the Appaloosa Crossing. Moving on to CR 700 TIF: Hy-Vee: They are going towards the next BZA 10/05/2022. They are requesting two use variances. One to provide for outdoor storage and sales as well as reduced loading berth requirements. Next up is Holliday Farms TIF: As you can tell, there is a lot of pools that are being put in, specifically, the interior, the social pool, the kiddie pool and the active pool.  Moving on to Northwest Teck Park TIF: 2 Burn Boot Camp: They had their Certificate of Occupancy issued 09/09. Smith & Nephew Orthopedics: They had a commercial remodel that was issued on 09/22. Kirby Realty Group: They are looking for commercial demo on Lots 1 and 2. And last but not least, bringing up the rear of the pack is Michigan Road TIF: D. Katz: The 11818 Sycamore Street: Their petition for a use variance. They went before BZA on 09/07 and were approved as presented for a veterinary clinic and hospital in the Urban Neighborhood Business District (B-1). That is the lot just north of The Farm. Patel Great. Thank you, Owen for that. Any questions for Owen, here live or online? Young Nope. Patel Great. Good job. Thank you. Old Business we have three sets of meeting minutes that we need to take individually for approval, correct? Crist You could batch approve them as well. Patel Okay. Because we have the Special Meeting from August 5, 2022, Executive Session from August 25, 2022 and then our Regular Meeting for August 22, 2022. Esra I move that we approve all three of the minutes on, under Old Business option A. Patel We have a motion. Swanson I’ll second. Patel A motion and a second. Any discussion? Owen, if you could since we have two members online, we’ll need to do a roll call for this. Young Okay. Colleen Hittle? Hittle Yes. Thank you. Young Kate Swanson? Swanson Yes. Young Kent Esra? Esra Yes. Young Ms. Spillane? Spillane Yes. Young And Mr. Patel? Patel Yes. The motion carries 5 to 0. Thank you all. Next up in your packets you have a request for assistance that’s been presented by the CDC for Not As Famous Cookie Company and the requested assisted amount is for $997 for additional costs for unexpected expenses and this one specifically is for installation of a grease trap. So – Carpenter Hi. Patel If you could, state your name and – Carpenter Sure. Patel Give us some background. Carpenter I’m Erica Carpenter and I am here tonight representing the Zionsville Community Development Corporation to share our recommendation on the application by Not As Famous Cookie Company for $997 to reimburse the cost and installation of a grease trap at their location which is at 30 East Poplar Street. It was unanimously approved by the ZCDC on September 16th. Not As Famous Cookie Company opened in the Village around  six weeks ago and is thrilled to be a part of the Village Business District. They share their desire to continue to be a part of our business community for years to come and we think this $997 is a great investment in a new, vibrant business. Patel Any questions for Ms. Carpenter in regards to this request? Esra I have one question. How big is the grease pit? The grease trap? Do you know? Oh, I’m sorry – Carpenter I think it’s – Esra It’s not a big deal. Carpenter I think it’s included in the, in the information. Esra It’s okay. I was just curious. Swanson Erica, I do have a question. Carpenter Uh huh. Swanson It says and maybe it’s just the way that this form is but the amount of the request was $10,000 and you – Carpenter That was for, I think that was for something that they applied for previously. Swanson Okay. Carpenter That was for their COVID EIDL application that they’ve previously done is my understanding. This was just the $997 was the cost and then what they paid to have it installed. Swanson Oh, okay. Okay. So that was a separate request? Carpenter I don’t know that it came necessarily through us. They weren’t here at that time. Swanson Oh, okay. Oh, got it. Okay. Patel Are we ready? Esra I move that we, we grant the $997 for Not A Famous, Not As Famous Cookie Company for their new grease trap. Swanson I’ll second that. Patel We have a motion and a second. Any discussion? Owen if you could, a roll call please. Young Mr. Esra? Esra Yes. Young Mr. Patel? Patel Yes. Young Ms. Swanson? Swanson Yes. Young Ms. Hittle? Hittle Yes. Young Ms. Spillane? Spillane Yes. Patel Motion carries 5 to 0. Thank you. Carpenter Thank you. I just wanted to saw also thank you for the opportunity as your representative to serve on the Community Development Corporation and if you have any issues that you’d like to talk to me about I’d be happy to talk. Patel Awesome. Thank you. Carpenter Thanks. Swanson Thanks Erica. Patel We have the Zionsville Government Center, Lot 2 which is the lot here in front of Town Hall. I believe that was advertised publicly, advertised for sale and I don’t believe we received any bids. Correct Owen? Young That’s correct. Patel Having not received any bids, there’s a 30-day period that maybe, Brian, you can help explain that process for, for the good of the public? Crist Yeah, actually, with the fact that there were no bids received, I mean, there’s a little bit of ambiguity in the statute. You could wait, I think its 28, if it’s 28 or 30 days, to actively negotiate with anybody else who’s interested but you’re, you’re, you’ll be free very soon to, to be able to negotiate a deal with anybody that, that, that shows up and is interested in that lot so. Patel Okay, great. Thank you. Thank you all who were involved with getting that advertised. Next up is the within Creekside we have the DOW Access Agreement so the Access Agreement is in your packet. It’s for a parcel of land that’s owned by DOW. The Access Agreement is actually with AECOM who is an engineering consultant and just cliff notes version, Brian, if you could. Brian? Crist Yeah, the cliff notes version, DOW has certain responsibilities with respect to that property vis-à-vis IDEM in the master cleanup of the site and it’s my understanding this is a parcel that used to have, it was a, a, a landfill for certain testing that they did on animals and there’s some remedial things that need to be done and also some environmental testing to ensure its previous work is still containing the, the materials that, that can’t that they don’t want to disturb. So AECOM presented us with an Access Agreement that was pretty thin in terms of indemnities and protections vis-à-vis the RDC. It also didn’t address the fact that there was, there was a scope of work that they want to perform as well. So it’s not simply access and testing but there’s also remedial work that they want to do with respect to stormwater runoff. So we proposed with something that we think is more commercially, commercially viable or commercially standard that you would see in this circumstance for somebody who’s not only coming on your property to conduct testing but also to, to do some things as well and, and so it  just kind of flushes out and, and, and forces them to be a little more specific on what it is they want to do so we know, we’ve created a public record and, and, again, to kind of beef up the indemnities and the insurance provisions to make sure the RDC and the town is protected if something happens while they’re out there. Patel Thank you. Esra So I have a question Sanjay and maybe you can answer this. The, the property is within Creekside, correct? Patel Correct. Esra Is it north of 2 and 3, is that where it is? Swanson It’s here. Patel It is a parcel of land – Esra Oh, okay. Patel That is not a Creekside parcel. It remains an outparcel. Esra So it’s – okay. I gotcha. I’m with you now. I just didn’t know where it was. Patel Okay. So what they need is they need access from our public roadway through our Creekside owned – Esra Okay. Patel Or RDC owned land to their parcel. Esra And have, have they seen this? Patel Yes, Brian – Crist Yeah, I sent it to them last week. Esra Okay. And, and we are approving this? Is that what we’re doing? Patel We’re approving this and, and then authorizing me to sign on the agreement. Crist Right. Swanson So, Brian, would they, they would just to get access to that land they would just cross over a common area in Creekside – Crist Uh huh. Swanson They would not go through any lot that would eventually be sold? Crist No, not a third party’s lot but they may, they may access that parcel through, through another lot depending on what they have to do because there’s a lot of stuff on the border of that property that they’re going to have to, they’re going to have to do some stuff with respect to the storm runoff. At least the scope of, the very thin scope of work that they provided for me that’s what it indicated so. Swanson Okay. Young Staffing put up a aerial of Creekside to help further illustrate this if you need it. Berg There’s one in the back of the packet too. Young Yes. Swanson Yeah, this one right here? Berg Yeah. Esra Do we know why they’re doing this now? I’m just curious more than anything, I – Crist They are, we, we don’t know what, you know, the, the details of their, their work plan is with IDEM. They’re in the voluntary remediation program. It’s something we could find out if you’re interested. It’s a matter of public record. But it’s my understanding there’s just some stormwater, you know, some stormwater runoff issues that it sounds like IDEM has requested that they address so. Esra And so this is something that has transpired over the last 10 years or whatever since Creekside was developed? Crist Yeah, it’s my understanding that’s, that’s just an area that you don’t – Esra It’s a low area too. Crist It’s a low area, it’s also an area that doesn’t, what’s underground there doesn’t make a lot of sense to remove, like the cost and the risk that you would actually create a problem think of it like maybe some asbestos pipe that it often it doesn’t make any sense to remove those pipes, you should cover them and move on because you create more of a problem by removing them. That’s what I understand the situation is with the landfill – Esra Okay. Crist So we did look at, you know, there’s somebody in my office that has some familiarity with, with, with, with the project and I asked her and she said that was, that was the case. It was nothing, nothing of, of serious concern just as long as you don’t try to dig it up. Esra Okay. Patel And this is just after fact. What really should’ve happened is, there should’ve been an easement at the time of development of Creekside to make sure – Crist Yeah. Patel That DOW had access to the property. Crist That’s correct. Patel We’re kind of landlocked on the situation. Crist Yep. Patel Okay. I’d entertain a motion to approve the Access and Work Agreement with AECOM for the access to the DOW parcel in Creekside and also authorizing myself to sign this agreement. Esra I’ll second your motion. Patel I, I did not motion. Esra I was trying. Crist You can, you can, you can make the motion. Esra Yeah. Crist Okay. Esra You, you mean me, yeah? Yeah, I’ll, I’ll move that we sign this agreement with DOW. Swanson And I’ll second. Patel We have a motion and a second. Any discussion? Owen, could you do a roll call, please? Young Yes I can. Ms. Spillane? Spillane Yes. Young Ms. Hittle? Hittle Yes. Young Ms. Swanson? Swanson Yes. Young Mr. Esra? Esra Yes. Young Mr. Patel? Patel Yes. Motion carries 5 to 0. Thank you. In your packet you have claims for approval. If you’ve had a chance to review them, if you have any questions Owen can maybe answer them. Young I can help facilitate-ish. Patel I think that one of the discussions we had at, during last month’s meeting was a, a backlog of invoices from Ice Miller and Brian has shared with us that the first step they would like to do is to invoice for their monthly retainer. Crist Yeah. July, August and September. Patel July, August and September and then there are also some professional services that Ice Miller has been providing related to Creekside and other special projects that they will then invoice separately this coming month – Crist Uh huh, yes. Patel If I’m not mistaken. So that covers the, the 3 of the $6,000 line items. And then we have some from, from Ice Miller again we have some projects specific line items for Charitable Allies and then also the Kendall property. Owen, do we have details on the invoice from Crowe? I can take a guess but I’m, I’m wondering if you have details on that? Young I do not have details on that. Patel Okay. I’d imagine it’s for professional services for The Farm and Adler? Young That would be a solid guess. Patel Okay. Swanson Do they have a retainer as well or do they work on – Patel We do not have a retainer with Crowe. Swanson Projects? Okay. Hittle Owen, this is Colleen – I don’t see the claims for payment in the materials. Was that supposed to be in the PDF or am I just not seeing where that is? Young It should be in the PDF. If there is an issue with the PDF I can get that to you but there are, there is an itemized of – Esra Colleen do want, I can like read it to you if you want me to? Hittle Yeah, that’d be great. Thank you. Esra All right, so item 1 is legal fees from Ice Miller, invoice dated 07/31, it’s for $3,034.50. Next item is Ice Miller, invoice 07/31 for $238. Next item is Crowe, LLP for $18,545. Then there are two invoices, well they’re, and they’re dated – and I didn’t say the date on Crowe, Crowe is, the invoice is dated 01/26/22. So then there’s two from Chase Bank, one for 07/11/22 and one for 09/08/22. Those are both $79. Then there are three more – all from Ice Miller. They’re all dated on the 23rd of September of this year and they’re for $6,000, $6,001 and $6,002. There’s a total for all those invoices of $39,978.50. Patel And then we have one more for DELV Design dated August 29th – Esra Okay. I didn’t – Patel For $276 for the ZGA website hosting. Hittle Thank you both. Esra I wasn’t sure about that one. Swanson Well I noticed that’s a different fund. That’s the food and beverage fund – Patel Yes. Swanson Compared to the TIF fund. Do we normally pay for things or approve things in the food and beverage fund? Patel We haven’t in the past. Swanson Okay. Patel But – Esra I wouldn’t think that we would have authority to but I don’t know that. Patel And maybe that should not have shown up on this report. Swanson Well, it’s the ZGA website so that makes sense. Patel Yes. Swanson But – Patel It falls within our TIF district. Swanson Yeah. Hmm. Patel So checks for the first four items have already been cut by town staff and then the balance which were the Chase Bank accounts for the LoopNet fees and then the Ice Miller monthly retainer invoices still need to be cut so. Crist Cool. Patel Any questions in regards to the claims? Esra So my only questions are and I think when we have claims like these that we need to see the invoices in advance so I would like to see the staff forward these invoices along with our materials before the meeting so that we can go over them, all of us, and, I, I know by, I think legally they you can ask for them or they have to be included in, in the request for payment. So I’d like to see that happen so that we all can take a look at it and I think if we did it electronically it’d be pretty easy. Young I’ll forward that request on to Kellie Adams. Esra Okay. Patel Thank you. I’d entertain a motion to approve claims as provided in your packet. Esra I move that we approve the claims as stated. Swanson I’ll second. Patel We have a motion and a second. Any discussion? Owen, if you could, a roll call please. Young I’ll try and mix this up again. Mr. Esra? Esra Yes. Young Ms. Spillane? Spillane Yes. Young Ms. Swanson? Swanson Yes. Young Ms. Hittle? Hittle Yes. Young Mr. Patel? Patel Yes. Motion carries 5 to 0. Owen, do we have any other business from the staff’s perspective? Young None at this time. Patel Brian? Crist No. Patel Corrie? Sharp None. Patel Any of the RDC members have any other business? I’d entertain a motion to adjourn. Esra I move that we adjourn. Swanson And I will second. Patel Motion and a second. Meeting adjourned. Thank you all. Thank you Colleen and Jaclyn. Spillane Thank you. Bye-bye.