Zionsville Town Council

Zionsville Town Council September 3, 2024 ZIONSVILLE TOWN COUNCIL MEETING MINUTES FOR SEPTEMBER 3, 2024 AT 7:00 P.M. EST ONSITE MEETING 1100 West Oak Street This meeting was conducted onsite. All Councilors participated in person. Council Members Present: Jason Plunkett, President; Tim McElderry, Craig Melton, Evan Norris, Sarah Esterline Sampson, and Joe Stein Absent: Brad Burk, Vice-President; Tim McElderry Also Present : Dustin Meeks, Town Council Attorney; Mayor John Stehr; Deputy Mayor Justin Hage; Mia Riley, Deputy Director of Finance & Records; Lance Lantz, Director of DPW; ZFD Chief James VanGorder; Mike Dale, Director of Planning & Building; Amy Lacy, Municipal Relations Coordinator; and other Town Department Staff OPENING A. Call meeting to order B. Pledge of Allegiance Plunkett All right, good evening. I will now call to order the Town Council meeting for Tuesday, September 3, 2024. If you would please, stand and join me for the Pledge of Allegiance. All Pledge of Allegiance. APPROVAL OF THE MEMORANDUM OF THE AUGUST 19, 2024 REGULAR MEETING Plunkett All right the first item on the agenda is the approval of the August 19, 2024 Town Council meeting memoranda. A copy has been posted. Are there any questions from Councilors? Page 1 of 24 Zionsville Town Council September 3, 2024 Sampson I had a couple corrections. Sorry – I had a couple corrections. Page 14 of 35 it says “full the half.” It should be full to half. Page 21 it says Norris says “The $80 plus $95.” It should be the $380 plus $95. I think those are my two. Plunkett Any other questions from Councilors or comments? I would make a motion to approve the meeting memoranda with Councilor Sampson’s corrections. Norris Second. Plunkett I have a second from Councilor Norris. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 5 in favor, 0 opposed. APPROVAL OF THE AUGUST 2024 PAYROLL CLAIMS Plunkett Up next is the approval of the 2024 payroll claims. Are there any questions from Councilors? I would entertain a motion. Stein I move to approve the August 2024 payroll claims. Melton Second. Plunkett I have a first from Councilor Stein, a second from Councilor Melton. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 5 in favor, 0 opposed. APPROVAL OF THE SEPTEMBER 3, 2024 CLAIMS Plunkett Up next is the approval of the September 3, 2024 claims. Questions from Councilors or I would entertain a motion. Norris I’ll make a motion to approve the September 3, 2024 claims. Sampson Second. Plunkett I have a first from Councilor Norris, a second from Councilor Sampson. All those in favor signify by saying aye. All Aye. Page 2 of 24 Zionsville Town Council September 3, 2024 Plunkett All those opposed same sign. [No response] Motion passes 5 in favor, 0 opposed. REQUEST TO SPEAK Plunkett Up next is a Request to Speak on Agenda Items. Amy, do we have any requests to speak? Lacy No we do not. MAYOR/ADMINISTRATION UPDATE Plunkett All right, moving on to Mayor/Administration Update and we have Mayor Stehr with us this evening. Good evening. Stehr Good evening Jason. Good evening Councilors. Good to see everybody on this beautiful evening. I just have a couple of things. First of all as a quick update on the Comprehensive Plan – HWC has held three in-person sessions so far – one here at Town Hall, one in North Zionsville at the airport and one in the former Perry Township Volunteer Fire Station in West Zionsville. They also had a virtual meeting on August 21st. Participation has been very strong, especially in the old Perry Township where there was standing room only. HWC is next going to seek an opportunity to engage with people at an upcoming Farmers Market and also at the Fall Festival and has set the next steering committee meeting tentatively for September 18th. The consultants are making a final push for people to fill out the online survey after which they will put together a report on the public participation in the process. They hope do a round of stakeholder meetings through the middle of this month and an initial report on the data collected is due by the end of September and, again, the next steering committee meeting is September 18th and we will hopefully pull a lot of it together at that time. Also a bit later in your agenda we’re going to be presenting an Ordinance to create a Designated Outdoor Refreshment Area which would allow people over the age or 21 to buy alcoholic drinks from approved vendors and restaurants and carry them outside within the DORA boundaries. The legislature has given us this opportunity. So far 16 Indiana municipalities have established them. Fort Wayne has established two. Each municipality can do up to seven. Jarod Logsdon has been running point on this process since the beginning and he will explain more in just a couple of minutes. The next item I have is the 2025 budget. We all met for the first budget workshop on August 12th. I think that was a very good start to the public budgeting process. A lot of good feedback from you and from our department heads and we have made some adjustments. Now in the first workshop, we talked about bringing in one new police officer, one new employee for Parks and a mid-year hire for DPW but we didn’t talk about any new firefighters and I have heard loud and clear that we need new firefighters from Council members, from the public, from the Fire Chief and other staff members. So by sharpening our pencils and digging down, we have found a way to bring in four new firefighters in 2025. With Page 3 of 24 Zionsville Town Council September 3, 2024 salary, training and benefits, the cost of that on the high end is as you see on the screen about $520,000. So we have an updated Fee Schedule before you this, this evening that’s estimated to add about $148,000 to our revenue in 2025. Our billing partner for EMS, Med-Bill, estimates that revenues this year will be higher by about $171,000 so those funds can revert into the 2025 budget. We had a line item for an Economic Development Manager in 2025 that we do not plan to fill so we can commit that salary to new firefighters. That’s a rate of about $134,000 and our 2025 healthcare premium for town employees will be about 80% less than anticipated or about $80,000 less than anticipated. We had budgeted 7%. It came in at about 4% so if you add all this together, that gets us to $530,000 that we can devote to those four new firefighters and this gives us just a little bit of pad in case the projections fall short. So, here’s where we are in the budget process right now – we are going to post the budget on our website on September 6th. The first public reading and comment session on the finalized budget will be September 16th and then a second public reading and formal approval on October 7th and I believe we are on track to accomplish those dates and meet those goals. And that is all I have right now. Anybody have any questions? Plunkett Thank you. Stehr You’re welcome. Thank you for the opportunity. I appreciate it. TOWN COUNCIL UPDATES Plunkett All right, are there any updates from Councilors? OLD BUSINESS Consideration of an Ordinance Amending the Zionsville Fee Schedule Ordinance 2024-22 (Final Reading) Plunkett Okay, we’ll move on to Old Business. The first item of Old Business is a Consideration of an Ordinance Amending the Town of Zionsville Fee Schedule. This is Ordinance 2024-22. This is a final reading. We have Chief VanGorder, Mike Dale, Director of Planning & Building and Lance Lantz, DPW Director, here to present if there are questions. VanGorder Good evening Mr. President and members of the Council. We department heads come before you this evening for a consideration of this ordinance. I would note included in your packet this evening there are some revisions from the first reading. Those revisions are noted on page 1 of Exhibit A. As you may recall during our preliminary discussions, speaking specifically to the Fire Department, it’s the last item for the Fire Department Failed New Construction Inspections – we were asked to consider implementing a revised Fee Schedule that would include an escalating fee should developers or contractors continue to fail these commercial inspections so we have made that amendment and that would be the first failed inspection would be the $100 fee then it would raise to $200 and then $500 for the third and subsequent inspections thereafter. Now that’s the only change within the Fire Department. Chief Spears is here as well. They also, the Page 4 of 24 Zionsville Town Council September 3, 2024 Police Department, had made some nominal changes that you had not first read in under Solicitor Permits and three different areas that are rather minimal. He’s happy to answer any questions you may have and I believe Mike Dale and Lance are here as well to answer any questions you have. Dale Mike Dale, Planning Department. I’d like to note that there are two typos in the proposed ordinance on page 8 of 12 under Planning & Building Department Signs. It’s at the lower half or lower one-third of that page under Planning & Building Department Signs about the third or fourth row in that box referring to on-premise building identification, wall projecting and awning canopy. The ordinance in front of you reads “$100 x $1.00 per square foot of sign area.” That should say $100 plus $1.00 per square foot of sign area. And then the other typo it’s not so much a typo but it’s, it’s kind of strangely written in the last row in that table referring to off-premise advertising signs currently reads “$1.00 per square foot of sign area 390 plus 1.00.” That’s kind of confusing. What it ought to say is $390 plus $1.00 per square foot of sign area. So there’s no substantive changes, just clarifications on with how the text should read on those two items. Otherwise, there are no other changes. Melton If this were to get approved tonight, do we need to call those into the – Plunkett Yes, we would approve it with the corrected typos. Melton The two corrected typos? Plunkett Yes. Dale Thank you. Norris Can – Dale Yes? Norris Mike, just so I’m following along – first off, Councilor Plunkett, or may I ask a question? Plunkett Certainly. Norris Can you restate that last one very quickly? Dale Yes. The last row in the bottom table referring to off-premise (advertising) currently reads: “Plus $1.00 per square foot of sign area $390 plus 1.00.” It should read $390 plus $1.00 per square foot of sign area. Norris Okay. Dale Okay? Plunkett Other questions from Councilors? Dale Thank you. Page 5 of 24 Zionsville Town Council September 3, 2024 Plunkett Thanks Mike. Melton The only thing I have is something that we kind of discussed at the last Town Council meeting. Chief VanGorder, I appreciate your reaching back out via email on this and it really is regarding the friends and family CPR classes that we will offer between one and two times per year and that’s a CPR full class and skills, no certification. We have it on there as $35 per person and I think via our email we talked about it possibly costing about $2,000 in your budget for that to be able to be managed in the upcoming year and I’m inclined to see if there’s any interest by this Council to approve this Fee Schedule with that addendum to where there is no fee for the friends and family CPR classes for the year, however, I don’t want them to disappear because there’s no budget for them and we’re in the talks with budget, budget talks as we, as we speak. So, I guess, that’s really my biggest concern. It’s something that I had interest in. I think I understand the value of if somebody doesn’t pay for it they’re not going to receive it – you know, they may not show up, excuse me. They may sign up, it’s free but I don’t know – I strongly feel that if we have capable, willing firemen, I know we’re short four it sounds like, a minimum of four, we’re going to get four hopefully through our budgeting cycle. I would just really like to see that struck from this as a $35 per person and we offer it to the public friends and family for free at a maximum of two times per year, minimum one. I know we have some fundraisers coming up too and maybe we can get a generous donor to help out, I don’t know. Do you have any thoughts on this outside of our email? VanGorder No sir. I appreciate the question and the follow-up opportunity. I would say that – I would suggest you leave it in the Fee Ordinance because as I said, our target individuals for that is 500+ individuals which is much more than the $2,000. It would cost us about $2,000 to host two programs per year which we’re committed to being able to do. We would just ask that we would be able to continue to be able to provide those classes for friends and family non- certification rate if there were additional requests that we had willing participants. I did have a chance to speak with our instructors and asked if we had anybody that asked for any hardship or assistance in the applications and, and we have not had those. I think it’s a great service to be able to add cost-free but the cost to do those classes numerous times is much greater than the $2,000 that I, we had spoke of. It’s just $2,000 to offer those couple classes per year. So as we are sitting today, there is no need to change the Fire Department budget that the Mayor has put together. We can do the two classes for free but I would ask that we keep the $35 in there for additional programs should the request be made from the community to teach those classes. And if we get corporate sponsorship, we can continue to offer classes throughout the year on a free basis. Plunkett So I guess just as a point of clarification, are you saying we do two classes now for free already? VanGorder We do not. Plunkett We do not? Okay. Page 6 of 24 Zionsville Town Council September 3, 2024 VanGorder This would be something new and its discussion with the Council that we worked with the CPR that we can provide those within the budget parameters we have today. Plunkett Got it. And then you mentioned nobody has requested any hardship. Do we have funds available if somebody does? If somebody comes in and says – VanGorder Our instructors work with individuals that request hardship to get those taken care of. Plunkett Yes. Okay. Sampson May I ask a question? Plunkett Yes. Sampson Chief, I think I was under the impression that the $2,000 was for four times a year and so that’s when I think you and I spoke and I said I’m really just looking for two times and I’m okay with the $35 for additional times. It’s more as long as we’re providing an opportunity for people who might have the barriers and it might encourage extra people in our town that maybe could afford it but get drug along by a friend because I think the more people in our town that are trained we all benefit from that. VanGorder Agreed 100%. Sampson And then the other question that I had that was in relation to that – would these friends and family classes be open to Boy Scouts or Girl Scouts age? Is there an age when that can be taught? I didn’t know – VanGorder It’s a non-certification-based program – Sampson Right. VanGorder It’s up to the instructor to deem their ability to comprehend the material that’s available. Sampson Okay. VanGorder I would still say that whether it be ASHI which is another certification or American Heart Association – we teach both certification programs, that’s the preferred recommendation, especially for those in healthcare or a provider but the friends and family non-certification based programs are much shorter in duration and it might be easier to deploy to the community and both have great needs and benefit. Sampson How often are our CPR classes offered? VanGorder Monthly currently. Sampson And is it just a one day? Page 7 of 24 Zionsville Town Council September 3, 2024 VanGorder Currently yes and we gauge based upon the responses. If there are more requests or the courses fill up, then we would offer more but right now there’s a standing one month, one class per month. Sampson Okay. I only ask so that the dialogue is had in a meeting that maybe someone is watching and decides to sign up so thank you for that. Plunkett Yes, I think it’s possible with discussion like this that we could even see scenarios where people didn’t even know this was an option, right? And then they reach out and if we get into a spot where there is a need for some type of hardship for something we can consider it then. Norris Yes. I learned through this Fee Schedule update about these classes. Plunkett Yes. Norris I’m one of those. Melton One last comment – this is just kind of catering to the public that in, in my experience as a contractor, I was given an opportunity to do some work as a plumber’s helper and it took me to the construction site and as soon as I had that opportunity, I changed the course of my working career because I enjoyed that so much and I would love if this ends up with where we have some people – Boy Scouts, whoever, somebody that didn’t have the desire to go into either law enforcement or the fire service and they get this experience and then that’s our next firefighter in the next 5, 10 years from now just because they had that experience. So that’s casting out a vision but I think that it’s very possible that that happens just like you kind of mentioned. So I’m okay with – and I understand more better why and how this has come to surface with the price point and I would, I would be accepting of the current situation as is moving forward. Sampson Do we need to write in there with biannual offerings in the Fee Schedule so that people who look it up see that opportunity or do we not put it in there at all? Norris I wouldn’t. VanGorder For the record, I would suggest not putting it in there. We’re committing on public record that we’ll provide at least two. We had talked about two or four and I think working with our CPR Coordinators we could look and see what the need is and provide at least two and up to four. Sampson Okay. Melton That’s amazing. Thank you. Sampson Thank you. Plunkett All right, if there are no other questions from Councilors, I would – oh – Page 8 of 24 Zionsville Town Council September 3, 2024 Norris I just had – can I just make one very quick comment? Plunkett Yes. Norris I just wanted to thank Mike, Lance and then Chief and Chief Potts and George is not here but there was a lot of work that went on behind the scenes to accomplish this and, and they came with the facts and the data and so I wanted to publicly acknowledge all of you for your efforts in getting this done and, I forgot as well, Chief – thanks for, for all your work as well. So, yes, I wanted to just emphasize that, that a great deal of work and thought and actually analysis was put into this so excited to move this forward. Thank you. Sampson I do think that it’s good for the public to know that a lot of comparison was being done between area municipality rates and our rate and that was a lot of the foundation behind the numbers that they came up with and I also appreciate how much work you’ve been doing on this. I know that I was at a department head meeting I’m going to say in February and you were still talking about this at that point so it’s, it’s been quite a year of pulling this information together so good job. Plunkett All right, are there any other questions from Councilors? Having none, I would make a motion to approve Ordinance 2024-22 on final reading with the corrected typos from Director of Planning & Building, Mike Dale. Norris Second. Plunkett I have a second from Councilor Norris. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 5 in favor, 0 opposed. Consideration of an Ordinance Establishing Fire & Park Donation Funds Ordinance 2024-23 (Final Reading) Plunkett Up next is a Consideration of an Ordinance Establishing Fire and Park Donation Funds. This is Ordinance 2024-23. We do have Deputy Director of Finance & Records, Mia Riley, here if there are questions. Anything from Councilors? Otherwise I would entertain a motion. Norris I will make a motion to approve on final reading Ordinance 2024-23. Sampson Second. Plunkett I have a first from Councilor Norris, a second from Councilor Sampson. All those in favor signify by saying aye. All Aye. Page 9 of 24 Zionsville Town Council September 3, 2024 Plunkett All those opposed same sign. [No response] Motion passes 5 in favor, 0 opposed. Consideration of an Ordinance Terminating Fund 2420 Ordinance 2024-24 (Final Reading) Plunkett Last item of Old Business is a Consideration of an Ordinance Terminating Fund 2420. This is Ordinance 2024-24. Again, we have Deputy Director of Finance & Records, Mia Riley, here if needed. Are there any questions from Councilors? Otherwise, I would entertain a motion. Norris I’ll make another motion to approve Ordinance 2024-24 on final reading. Sampson Second. Plunkett I have a first from Councilor Norris and a second from Councilor Sampson. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 5 in favor, 0 opposed. NEW BUSINESS Consideration of an Ordinance to Establish a Designated Outdoor Refreshment Area (DORA) – Ordinance 2024-25 (First Reading) Plunkett Up next is the first item of New Business. This is a Consideration of an Ordinance to Establish a Designated Outdoor Refreshment Area otherwise known as DORA. This is Ordinance 2024-25. This is a first reading and we have Superintendent of Parks and Recreation, Jarod Logsdon, to present. Logsdon Thank you President Plunkett. Good evening Council. Make sure my screen is up there real quick – all right. The Zionsville downtown area has a distinct charm many communities desire with its restaurants, shops, festivals, concerts and events. To further enhance the quality of life enjoyed by residents and visitors, promote economic activity within our downtown merchant district and support community gatherings that celebrate our traditions, the Town of Zionsville desires to establish Designated Outdoor Refreshment Area within our downtown merchant area. The establishment of this area would encourage outdoor leisure and enjoyment by providing a designated area to permit 21 and over individuals to purchase alcoholic beverages from approved alcoholic beverage permittees and carry them outside to be consumed within the area’s designated boundaries. Page 10 of 24 Zionsville Town Council September 3, 2024 This initiative seeks to promote vibrancy for residents and visitors and promote and provide new opportunities to enjoy shopping and dining, increase foot traffic to local businesses and promote the welcoming and walkable spirit of our downtown. So what is a DORA? As I mentioned, effective July 1, 2023, the Indiana Senate authorized Indiana municipalities to create up to seven Designated Outdoor Refreshment Areas within the town with approval from the Alcohol and Tobacco Commission. A DORA is a specific area designated as exempt from the carryout restrictions placed upon retail establishments that have alcohol beverage permits. So Indiana does not have an open container law for public spaces, simply just in motor vehicles. The establishment of a DORA would not increase our insurance policies for the town or the insurance requirements of the vendors that would be designated permittees. Permittees would be required to serve alcohol in a responsible manner just as they do as current holders of alcohol permits. Adults must continue to drink responsibly and follow all applicable laws and local ordinances and currently, there are 24 active or pending DORAs within the State of Indiana. Because this law and these adjustments are so new, we did some research with other states that had successful DORAs and our neighbors to the east, Ohio, have had their DORA program implemented since 2015 and I wanted to provide a brief video for you all to view. One second – [DORA VIDEO] All right, so the impacts of DORA in Ohio – so, as I mentioned in 2015, DORA was established in the State of Ohio and in 2021 the community of Troy, Ohio which has a population today of 26,000, explored a DORA in their community. So the city of Troy at the time there was 56 established DORAs and they surveyed 40 of those and received 25 responses back. Of those responses, of those 25 responses, all communities responded that they planned to keep their DORA districts permanent. The municipalities said that, 18 said that no impact and 6 said that there was minimal impact to the sanitation of their DORA area. Twenty-four (24) communities or 96% within the DORA, reported no increase in crime, 21 communities which is 84% stated that they felt there was no need for increased police presence within their downtown area, 20 communities or 80% listed increased foot traffic and sales and 5% listed that it was too early to tell. Twenty (20) communities listed the DORA as a very well received initiative while 4 listed initial minor concerns and 23 of the 25 communities recommended the creation of a DORA. One was neutral stating that each community should make that decision for their self and one omitted that. So I had a chance to reach out to Troy, Ohio just today and speak with their Main Street Association which now oversees their DORA program and they gave us a little history that there was initially a fear of disorderly conduct and 3-1/2 years later they have seen no occurred instances even at their events they’re not seeing that behavior. They’re seeing plenty of family events that are enhanced by their downtown DORA. Most activities where, outside of special events where DORA members carry a glass are usually on Saturdays in fair weather and retailers have enjoyed the increased activity and the community of Troy, Ohio utilizes a red- Page 11 of 24 Zionsville Town Council September 3, 2024 green decal system. So if a merchant wishes to have a beverage enter their place, they’ll have the green decal and vice versa with the red. So our goal in Zionsville is to establish a Designated Outdoor Refreshment Area within our downtown area. It’ll be a defined area where alcoholic beverages can be purchased in a designated container from participating establishments and carried and enjoyed within that DORA district. The DORA is meant to support and foster economic activity, enhance the vibrancy and walkability of our downtown area and promote community celebrations. So currently without the DORA our established restaurants within the Village District have barriers between them and participating and special events because they have their alcohol permit with a brick-and-mortar store. The establishment of a DORA would remove that barrier and literally remove the requirements for fencing of patios and other areas so that they could become merchants of those special events simply by their proximity to the established DORA. So within the ordinance there’s an exhibit on the proposed Downtown DORA boundary map. So requirements for the DORA: It has to be continuous parcels that are traced. So we utilized West and East Poplar between Second Street and Elm Street and continued that down until Zionsville Road where the Public House is. So within this footprint, if approved, adult beverages would be able to be purchased from designated permittees and carried and walked in public spaces. Plunkett Jarod, do we have the ability to modify this at some point? Logsdon Yes we do. Plunkett Okay. Logsdon So we can actually adjust the boundaries, just the requirement is that it has to be continuous. Plunkett Okay. I guess if you’re okay with this, because we get all this stuff in the packet so we’ve all reviewed this. Has there been feedback from Council or staff negatively about this at all? Logsdon I’ve not received any negative feedback on this. Plunkett I mean I – Norris Can I ask just one – Sampson Yes, I had a couple questions. Plunkett Yes, go ahead. Norris So, just, Jarod, back to that boundary map – because I noticed the, like the Creekside and the Rahal, like that could be eventually roped into this DORA area? Page 12 of 24 Zionsville Town Council September 3, 2024 Logsdon Yes so – Norris Because it’s contiguous? Logsdon Yes. Norris Do they have to be contiguous or continuous? Logsdon Continuous and contiguous so it, it has to utilize parcel shapes. So the reason we elected to not include Creekside Corporate at this time was just the common areas and things in between – what it would take to get over there. But even if we don’t amend this footprint, we have the ability to create six more should this one be approved. So we could create additional DORA districts. Norris Six more additional DORA districts? Sampson Yes. Logsdon Yes. So each municipality is offered seven DORA districts. Norris And this one can be theoretically as large as we would want it to be as long as it’s continuous and contiguous? Logsdon As long as it’s continuous, yep. Norris Okay, thank you. Sampson My question was has everyone agreed that has been talked to – I saw that there were four, I think four businesses that have said they wanted to be the DORA cup alcohol providers. Like what about the Public House and Bub’s and like were they not interested at this time or did you just need four and that was – Logsdon So this was a team initiative and the town partnered with the Chamber who already had those contacts and provided a survey and these were the survey responses within the designated timeframe to meet this Council’s agenda. We are happy to reach out again to more should they want to be included in this initial round and also we can add additional designated permittees in the future within this footprint. Sampson I think I asked if about Rahal because I knew they were having, their coffee bar was opening or coffee store was opening and I thought I was told that that would be possibly another DORA rather than an add to this one. Logsdon And it absolutely could be. It’s just how we trace it and it has to be continuous amongst itself. Whether we just wanted to have a specialized one within Creekside Corporate or, alternatively, if there’s additional businesses to the north or south or east that makes sense for including in that as well. Sampson Right. And I had asked about Lions Park if the clubhouse would be considered to be part of it and it was explained that it was a private – Page 13 of 24 Zionsville Town Council September 3, 2024 Logsdon We reached out to the Lions and asked if they, inquired if they wanted to be included in this initial DORA map and they elected not to so that was the reason – Sampson Okay. Logsdon Just to respect that. Sampson And are the neighbors, have they been approached at all? Like the people who live right on the border in the Village and even down by 106th Street, have these, have they been alerted to what is possibly happening next door? Logsdon No, they have not been alerted but we would certainly welcome that now that it is in the public forum, those comments over the next two weeks. So, despite the layout of the, of the DORA, the pedestrian right-of-ways and sidewalks are truly where this foot traffic will take place so as kind of egregious as the Taylor Oil property might look, that’s not where we would expect the pedestrian flow by any means. Sampson In Section 12 there was the carryout privileges and I was just trying to follow along with what it did to it. It said “carryout of sealed original containers may occur but these containers shall not be opened or consumed in the downtown DORA.” So that confused me a little because we’re saying you can take this out but not that? Logsdon Correct. So – Sampson It has to be in the cup? Does that tell me like you can’t sell a bottle of something? That’s what I was – Logsdon If the merchant is selling the bottle opened, it could be applicable to the DORA program if it’s one of the beverages listed within the ordinance which is beer, flavored malt drinks, cider, wine and pre-mixed liquor cocktails as well as poured liquor mixed drinks to a certain quantity. So if it is in those parameters and the merchant has the authorization to open it and pour it out then it could be a part of the DORA but I believe there are different restrictions and abilities with a sealed product versus serving. Sampson I understand like Salty having margaritas. Does that count? Logsdon If they can serve that to their customers, then they could serve that in a DORA cup. Sampson But then they would have to be included as one of the designees because right now we just have four – Logsdon Yes – Sampson And since they’re not one of those four they can’t serve it? Logsdon Absolutely. Page 14 of 24 Zionsville Town Council September 3, 2024 Sampson And you can’t come into their restaurant with a cup because that’s one of the rules that you can’t come in – Logsdon Correct. Sampson If you go on into a place that serves alcohol. Logsdon Correct. So any DORA beverages would have to be finished before they stepped foot in that establishment that also serves alcohol. Sampson But could you go back in the place where you bought it? Logsdon With an empty drink? Yes. Sampson What about with a drink? Logsdon I think there would be some liability if you – Sampson I’m trying to think of while people are waiting – Logsdon Yes – Sampson For their table, can they go out and back in or do they have to slam their drink before they get back in and buy another one? Logsdon Yes, I think there – and I can clarify with the ATC – but I assume there would be some liability if you left with an open drink and tried to come back in which is the reason that to not conflict with the alcohol control measures that are already in place with an alcohol permit, I think they separated those on purpose. Stein Jarod, what’s the process that a business would go through if they were not a part of the initial group and then – so, a new restaurant opens up and this thing has already been launched – Logsdon Yes – Stein And they want to become a part of that? Who approves that? Does it come before us? How’s that happen? Logsdon Yes, so that would come before both the town and the ATC for approval and it would just amend the established designated permittees. So we could control that process in-house either through Town Council approval or through the Administration or a department. There’s some flexibility in the additional approvals after the initial ordinance. Sampson I think that’s Section 13 when it says “following ATC approval of Downtown DORA, retailer permittee operating in the DORA who wishes to receive a designated permittee status must complete the applicable form and obtain approval by signature from Zionsville Deputy Mayor. Once signed, the form may be submitted to the ATC as part of the retailer’s application process.” Page 15 of 24 Zionsville Town Council September 3, 2024 Logsdon There we are. Yep, sorry. We were discussing that still so. Sampson Yes. Logsdon Yep. Plunkett So we approve the boundaries and once that’s approved, anybody inside the boundaries then comes to Town Hall, gets their permit signed by the Deputy Mayor and then submits it to the ATC and then they can get their own cups with their own names it? They have to right? Get their own cups with their own names on it? Logsdon Yep. So part of the ordinance is to have a branded cup so we have some level of control. Plunkett Yes. Logsdon Or a sticker which would also be branded. Sampson So it’d be this, a cup, the same cup that they all use or would it say like Cobblestone and on the back side say DORA? Logsdon We could make those adjustments. I think a universal cup just with the rules and the logo should be sufficient. If we have additional issues, we could always change the branding on the cup. Kind of the thought would be there would be an initial rollout of cups that would be provided and then after that they would have to make those connections with vendors to get them reproduced after that. Plunkett I mean I do think there’s been, you hear about places that put the name of the businesses on there obviously to help curb littering and stuff like that too, right? If you see a whole bunch of cups from one particular business then you can have that conversation. I do think that makes sense to do that at some point, perhaps after, to your point, initial rollout there. Melton So I’ve got a couple things if I may – Plunkett Sure. Melton So I’ve actually got some experience with DORAs here recently. I’ve applied for two from the local business standpoint and from the small business we’re required to put a rope around so we’re not doing that, we’re not doing any barricades, this is going to be all year round and with the hours of Monday through Saturday 10 a.m. to 11 p.m. and then Sunday 12 to 8. So my question is it seems like a lot of the businesses here in town close well before that, that 11 p.m. number, that time. How did you come up with that time for this is the first question. I’ve got some follow-up questions with that regarding cost but 11 p.m.? Logsdon So we didn’t, we wanted to pick a reasonable time that we thought any special events would sunset so you get your last drink of the night within that time – Page 16 of 24 Zionsville Town Council September 3, 2024 Melton I’m going to have you stop there for just a second. So you said special events. So, my understanding is we’re going to get more crowds of people during special events and that’s when we’ll have this opportunity for people to come in and out of shops and, and things. The shops might stay open later. Are we currently doing DORAs for the special events like the Street Dance and things of that already? Logsdon No. So there are no established DORAs. This body would be the one to approve the first district should it move forward. Currently any special event would have to have a partitioned area if they are serving adult beverages so – that’s your beer gardens, that’s your patios with your fencing and, and etc. Melton Which is similar to what, I’ve experienced. So, with regards to the cups, so that cost is going to be initially you’re saying the Town of Zionsville will pay for those cups and get, distribute those so the Town of Zionsville will basically be promoting and providing alcohol cups to these vendors that are going to turn around and sell those for profit. I’m not too happy about that. I don’t really like that idea just FYI but secondly, we talked about branded signage, placards, street prints costs. Do you have an idea of how much all this is going to cost on the front end? Logsdon Yes, so to speak to that as a potential economic driver in our downtown area to support and foster the business that’s already occurring there, we felt that there could be funds within the town’s annual distributions of food and beverage and other opportunities to fund that initial onset of the program. That would fund any initial cups that we did provide to designated permittees as well as fund the signage that would be placed at the pedestrian entrances and exits to the DORA. Melton So you’re thinking using food and beverage tax? Logsdon Yes. Melton To pay for – Logsdon That’s one opportunity. Melton And you mentioned a scenario of somebody walking in and out of an establishment and you mentioned that the town wouldn’t have any increased liability and you mentioned maybe it’s increasing liability on the vendor or on the, Salty was the example of somebody walking in and out. That just sounds kind of risky to put more liability on the establishment, I guess. I know they have to sell and be reasonable and, and not, and be careful not to over serve but I’m a little concerned about that because you said it doesn’t increase it on the town but then it potentially puts it on our businesses’ back as that increased liability. And then the other thing that we mentioned is that now, I mean, it went from cup to bottle during this conversation and that’s kind of frustrating and scary because I feel like it’s going to go into people bringing in their own drinks to our events and sharing and/or maybe not selling them, of course, because they’re probably wiser than that because, however, it’s almost like may impact negatively the shops and businesses because they’re bringing their own alcohol and then it becomes a little bit of the wild west of well, where’d you get that bottle? Well Page 17 of 24 Zionsville Town Council September 3, 2024 that bottle is registered, you know, well I’ve gotten them before over here so I can bring them. I don’t know – I just I’m a little concerned so. Logsdon Absolutely and I can speak to that. So, with the establishment of the DORA, carrying in outside alcohol would not be permitted. That would be a prohibited behavior so. Melton But there’s no barrier, right? Logsdon There is the signage. So once it is within those boundaries, again, that’s why we want to move forward with branded strategies so it won’t be a random bottle, it won’t be a random cup. It would be a branded cup or a bottle with a DORA sticker on it so that, that would be an easy identifier for those merchants as you mentioned and, and, and I didn’t mention that their insurance or liabilities would increase, I mentioned that there would not be an increase and it would remain their responsibility to appropriately serve alcohol as they do with their existing alcohol permit. So, as they saw those branded cups entering their establishment, they could stop them at the door, have them finish them before they came in and then ultimately make the judgment about whether they wished to serve that patron based on the skills they’ve acquired at determining that. Melton Do we, so you said we have barricades – is that a DORA, is that still a DORA and maybe I’m misunderstanding private business versus the municipal DORA, when you do the holiday events that is a DORA it just is a DORA that has boundaries. Is that correct or? Logsdon No. So there has not been a DORA established in Zionsville. So a DORA is a Designated Outdoor Refreshment Area so there would be parameters to that. Currently, as a special event rolls into town and may have alcohol vendors, those have to be designated within their special event application and they have to take the appropriate steps to stanchion off or fence off that area where they’re serving. Plunkett Yes, I think maybe as a point of clarification going back to, again, this is simply a map that is drawn and people can participate in this or not. They have the choice to do that so it doesn’t, we’re not passing the buck onto anybody as it relates to liability but it’s also worth noting when you can’t walk down the street with a can of Busch Light, I mean it’s gotta have somebody’s cup and name on there and you can’t walk down the street with an empty or with an unlabeled bottle either. So you can’t say I got a bottle from over here, I got a bottle from over there. I mean it’s, it’s pretty – Melton So that takes me to the next question – so, is that, so with again with my experience the ATC, there’s not very many of those people around, those people in that governing these things, they do it kind of under the radar and they show up every now and then but so is there going to be added policing to watch the labels on the bottles and, I mean, so every – it just seems like with what we just did recently with expanding our coverage, now we’re going to increase our need for more policing of where’d you get that cup, where’d you get that bottle. I mean you mentioned, somebody mentioned something about debris and litter, I mean, I don’t know that that’s the case but it’s just I’d feel like the policing of it’s going to be a challenge too. I mean, I’m just nervous as, as I went through the Page 18 of 24 Zionsville Town Council September 3, 2024 whole process, I do know that a DORA, in my case, took 48 hours to get approved so it’s not that difficult to get something like that approved so why would we not just do a DORA per event and as opposed to expanding to an area where there’s not even construction? Logsdon Right, so, again, a special event application that has alcohol vendors is different than a DORA. So within that special event they are determining their footprint where they are following ATC guidelines. The establishment of a DORA literally removes some of those barriers so it essentially removes the carryout restriction from retail establishments. So that beverage with that 21 and up adult can leave that establishment and be within consumed within that DORA so that provides an opportunity for someone with a drink to walk down Main Street, see a boutique they want to go into, notice the DORA decal saying beverages welcome and have that experience in the shop. And, again, any merchants that wish not to participate in this, they would either have a decal that says they are not DORA participating or we simply would not have the decal allowing that, whichever direction we decide to go. Sampson I do think it sounds like we’re going to need more trashcans but also that, I mean, Craig, you are right – the timing of it while it sounds great and I know it encompasses our special events, if our restaurants all close at 9 and that just means everyone can get a drink before they leave and go stand in the streets. So would we need more streetlights and police at that point in time? That’s, I mean, that’s like a – Stein My bigger question is restrooms. Sampson Yes. Stein That’s going to be an issue. Melton I’d much rather see you focus on a restroom. Stein I mean – Sampson Yes. Stein Something to think about. Sampson That is true. They kind of have to go hand in hand. Melton Jarod, you wanted to be known for putting restrooms in town – Sampson Yes. Melton As the Parks Director – Logsdon I have said that. Melton This is a better opportunity here rather than the alcohol but I appreciate the conversation. Like I said, I think maybe I’m crossing lines with private business Page 19 of 24 Zionsville Town Council September 3, 2024 practice and on an island versus in a downtown setting and that may be where I’m having some confusion. Norris President Plunkett may I? Plunkett Yes. Norris I, first and foremost, I’m fully supportive of the DORA and I think it makes total sense. I just want us to think back to maybe 2011/2012 when the City of Indianapolis brought the Super Bowl here and then we kind of abrogated the laws about open carry. I kind of see that same kind of scenario happening here where it’s really, I frankly, I don’t see some of the issues forthcoming with people standing in the street and getting wildly drunk. I think it’s going to be just completely fine. I’m fully supportive of this and, and I think it’s a great move. Melton So, the last comment to your point – we have a little bit uneven sidewalks, we have a curve in the road, it just seems like it’s a little riskier unless we have the road shut off which to me makes complete sense as opposed to – that’s just my final comment on that so. Sampson Can you tell me a little bit more about the DORA temporary permittee locations? I looked at that map and it had different, I don’t know – Logsdon Yes, I’m happy to go through that. Just for public knowledge, would you mind if I read the rules real quick on this page? Sampson Sure. Logsdon If that’s all right? Okay. Zionsville’s Downtown DORA would be in effect year- round, January 1 through December 31st. Monday through Saturday the proposed hours would be 10 a.m. to 11 p.m., Sunday would be noon to 8 p.m. DORA beverages may be purchased only at participating establishments or from authorized temporary vendors. Beverages must be in a designated plastic cup with a DORA logo or with the DORA sticker. Only DORA-branded drinks are permitted outside of participating establishments within the DORA boundaries. Patrons must be age 21 and over and may enjoy DORA beverages outside staying within the DORA boundaries, may purchase and carryout up to two DORA drinks at a time, that is also the maximum, may carry DORA drinks into their favorite shops if a DORA decal is displayed in the window. DORA cups must be disposed of before entering another bar or restaurant within the DORA boundaries. Outside alcoholic beverages are not permitted to be consumed within the DORA boundaries. Pre-packaged beverages are not permitted to be dispensed within the DORA. So they could still be sold but not consumed. Possession of an open container of an alcoholic beverage in a motor vehicle may constitute a Class C infraction under I.C. 9-30-15. Safety and local ordinances are strictly enforced. Patrons participating in the DORA should enjoy the DORA responsibly, respect the residents and businesses and never drink and drive. So, again, as we would unveil that signage and branding, it would reflect the character and aesthetic of our downtown merchants and our brick street so creating a unique Zionsville logo that complements characters of the town in the Page 20 of 24 Zionsville Town Council September 3, 2024 downtown area and brand all cups and boundary signage for easy recognition and awareness. So, as I mentioned, there are requirements to have signage at every pedestrian access route. So the signage plan proposes 31 signs. Some of those would be standing signs on posts but we also have the opportunity to have those pavement decals and markers as you saw in the video. Provided are some examples of what that signage would look like. We would implement a QR code so no matter the decal or sign, they could read the full rules and mapping online on our website. So, as mentioned, there are four businesses that are interested upon the initial survey. We’d be happy to send that out again to see if we receive any additional before we would proceed. Those were Hopwood Cellars, Rush on Main, Cobblestone and The Friendly Tavern. So those would be our year-round designated permittees and as they close, that would be the end of the DORA for the night. So, the only alternative to that would be if there are, is a temporary approved designated permittee with a special event. Speaking of special events, so within the DORA application you have to identify where a temporary vendor could set up. So, obviously, they don’t have a brick- and-mortar establishment, so we used each town property as well as the right-of- ways within our application so, obviously, we know there are roads that we would never close for a special event but in the instance that we are changing traffic patterns or something, we would at least have that approved with the DORA. So, for example, if Main Street were closed, temporary vendors could set up within Main Street on the bricks and serve from their establishment, their temporary establishment. So each temporary permittee would have to be approved by both the town and the ATC and the ATC needs five days’ notice before your special event. So because Zionsville has a special event application process, we would build that within the questionnaire that as special events come before us they would have that information to apply and get that approval. Melton May I ask a question? Plunkett Yes. Melton So, we got ATC, we got the Town of Zionsville, so if an establishment doesn’t do something, does something accidentally or whatever and the Town of Zionsville deems it necessary to pull that access to the DORA, essentially the Town of Zionsville would make that referral to the ATC to say hey, we’re going to pull their access to the DORA? Logsdon I do not have that answer for you but I’d be happy to reach out to the ATC. Melton Do you see what I mean? Logsdon I do. Melton It sounds like it’s a ATC, Zionsville and then the establishment and I just – Logsdon And I would just mention if there was some violation of a law I think notifying the ATC might allow them to investigate and should that establishment lose their Page 21 of 24 Zionsville Town Council September 3, 2024 liquor license or be cited, that might be actionable for removing them from the DORA or their license altogether but, again, that responsibility falls to the professionals that are already providing that service. Plunkett Jarod, I appreciate the presentation. I think this is a great idea. I think this is a long time coming for the town. I would like to see, obviously, this is a first reading so we can make modifications over the next couple weeks. Understanding that this DORA also goes along public pathways and right-of- ways, if we did go to Creekside by using the pathway through Creekside, that would be both continuous and contiguous, correct? Logsdon So we would have to explore the exact route but there’s several parcels and odd shapes associated with Creekside which is kind of why we left it off this initial DORA because it felt vestigial and we weren’t sure that foot traffic would head that way just because of how it would be laid out. Plunkett Yes, I mean I think it would behoove us to meet with the folks at Rahal. They’ve mentioned time and time again that they want to have opportunity for folks to connect from downtown to their establishment, the restaurant, car club, all that stuff. I think it would be, especially understanding that there’s a trail that runs right through there and if we can utilize that to connect that, I think that would be a good idea but I appreciate the work that you’ve put in on this. I know it’s a lot and, again, I appreciate it and I’m wholeheartedly supportive of this. Logsdon Thank you. Plunkett Questions from Councilors? Melton I got one more comment – I would love to see support from the VRA and the VBD on this if they, we haven’t told them about it, now they have, they’re seeing us publicly here on this but Village Business District and Village Residents – Plunkett Well the, I mean the Chamber has been engaged in this, the Chamber has been involved. It’s not like this just came out of the closet yesterday. We have got – Melton But we have, four vendors, you know four out of what, eight? Plunkett But they’re the ones that said they wanted to participate right out of the gate so. Sampson I do agree that they, we need to make sure – I said that earlier – have you talked to them, you said no, we will. Just, make sure it’s well posted and be open for feedback and, obviously, people can contact me from the Village if they would like me to be a conduit to Jarod. Plunkett Any other questions from Councilors? I would entertain a motion at this point. Norris I’ll make a motion to introduce on first reading Ordinance 2024-25. Plunkett I’ll second that. I have a first from Councilor Norris, second from President Plunkett. All those in favor signify by saying aye. Page 22 of 24 Zionsville Town Council September 3, 2024 Norris, Stein, Aye. Sampson, Plunkett Plunkett All those opposed same sign. Melton No, aye. Plunkett Motion passes 4 in favor, 1 opposed. OTHER MATTERS Plunkett Up next is Other Matters. There’s a couple of things real quick I just want to point out – obviously, Lions, Lions Club throws Fall Festival here this weekend. It’s a great event. I would encourage everyone to attend. Also, we have another budget workshop from Councilors this week, if it’s available or if you’re available for it. I know the Mayor sent out an email requesting feedback and there’s been a little bit of feedback. I believe most of those have been addressed or at least communicated with so if that workshop isn’t needed then I would hope that we would be able to move forward to budget presentation at the next available meeting and, and then be able to, to move this forward in a timely fashion. So, again, if there are questions for the Administration or for the Mayor or for our department heads or anybody else, please email Mayor Stehr here in the next couple days and if you need to attend the workshop do that, if you don’t it would also be good to know so we could cancel it if not needed so. Anything else from Councilors? ADJOURN Plunkett I will make a motion to adjourn. Norris Second. Plunkett Second from Councilor Norris. All those in favor signify by saying aye. All Aye. Plunkett All those opposed same sign. [No response] Motion passes 5 in favor, 0 opposed. The next regular Town Council meeting is scheduled for Monday, September 16, 2024 at 7:30 a.m. in the Zionsville Town Hall Council Chambers. Final notice will be posted in compliance with the Indiana Open Door Law. Thank you. Respectfully submitted, Amelia Anne Lacy, Municipal Relations Coordinator Page 23 of 24 Zionsville Town Council September 3, 2024 Town of Zionsville Page 24 of 24