TOWN OF PLAINFIELD

1 TOWN OF PLAINFIELD TOWN COUNCIL January 12, 2009 The PLAINFIELD Town Council met on Monday, January 12, 2009. In attendance were Mr. Brandgard, Mr. Gaddie, Mr. Kirchoff, Mr. McPhail and Ms. Whicker. PLEDGE OF ALLEGIANCE CONSENT AGENDA 1. Approval of the minutes of the regularly scheduled Town Council meeting of Monday, December 22, 2008. 2. Appoint Bryon Anderson as Fire Chief of the PLAINFIELD Fire Territory through December 31, 2009. 3. Approval of the December 2008 monthly reports for the department of Public Works, PLAINFIELD Police Department, PLAINFIELD Fire Department, Town Court and Department of Planning and zoning . 4. Approval of the job description for the police commissioner prepared and submitted by Chief Mitny. 5. Approval of the Parks and Recreation Director s, Transportation Director s and IT Director s Reports dated January 9, 2009, Town Engineer s Report dated January 10, 2009 and HR Director s Report dated January 12, 2009.

2 6. Approval of an agreement between the Town and Butler, Fairman and Seufert, Inc. in the amount of $24, for field survey on the CR600S/CR700S intersection project per the Transportation Director s Report dated January 9, 2009. 7. Approval to advance appraisals and acquisition services for the required right-of-way from the parcel located at 1337 township Line Road per the Transportation Director s Report dated January 9, 2009. Mr. Kirchoff made a motion to approve the Consent Agenda as read. Second by Ms. Whicker. Motion carried. Mr. McPhail said let the record show that I abstained from item number one since I was not present at that meeting. PUBLIC HEARING: Community Focus Fund Grant Mr. Brandgard said we have a public hearing this evening for the Community Focus Fund Grant. Do we have proof of publication? Mr. Daniel said yes we do. Mr. James said one of the requirements to proceed with a proposal to the Indiana Office of the Community and World Affairs is to have a public hearing for the Community Focus Fund Grant request.

3 This grant request will be submitted and the purpose of the grant is to fund the Town Center facade improvement program. So, with that I would like to have the public hearing tonight as required and proceed with the proposal to the Office of the Community and World Affairs. Ms. Linda Fulford with Banning Engineering is the grant administrator and is here to answer any questions that you might have. Mr. Brandgard said Linda before we get into the public portion is there anything that you would like to add? Ms. Linda Fulford said the project is based on the Town Center that was adopted previously and also the streetscape plan. It entails 17 properties in the Town Center of PLAINFIELD and it is for facade renovation. The facade recommendations were what were recommended in the plan and they are to bring the Town back to its historical integrity and commerce. The total amount of the project is estimated to be $700, We are requesting $500, of CDBG dollars through the community focus fund.

4 There will be a $200, local match. We are asking property owners to contribute 20% for each of the costs associated with their buildings and the Town in cooperation with CDBG money will pay the 80%. Mr. Brandgard said with this being a public hearing is there anybody in the audience who would like to address the Council relative to the Community Focus Fund Grant? Being no one coming forward the public hearing is closed. ! 1 PLAINFIELD Town Council 01/12/09 TOWN COUNCIL REORGANIZATION Before we go to the Town Manager s Report I would like to drop down to the new business to the Town Council reorganization part. We didn t do it at the last meeting because not everybody was here. I think with that we need to elect a president and vice president for this year. Are there any thoughts or motions? Mr. McPhail made a motion to continue another year with our current president and vice president.

5 Second by Ms. Whicker. Mr. Brandgard said we have a motion and a second to continue with myself as president and Bill Kirchoff vice president for the year 2009 for the Town Council. If there is no further discussion, signify by aye. None opposed. Motion carried. TOWN MANAGER S REPORT Mr. Carlucci said I don t know if you have noticed tonight that we have a new reporter here from the Hendricks County Flyer. Brenda Holmes apparently drew the short straw and she is covering PLAINFIELD . I have two certifications that I would like to present to the Town Council tonight. I will go ahead and read the first one. Be advised that pursuant to Indiana Code on Monday, December 1, 2008 the Town of PLAINFIELD Plan Commission made a favorable recommendation to the proposal to amend the Town of PLAINFIELD zoning ordinance , TA-08-003 amending Article , Special Regulations for Adult Entertainment Businesses.

6 The PLAINFIELD Plan Commission hereby certifies said proposal to amend the Town of PLAINFIELD zoning ordinance to you for your consideration with a favorable recommendation. The proposal to amend the Town of PLAINFIELD zoning ordinance is attached in this certification as Exhibit A dated the 12th day of January 2009 and signed and sealed it as Secretary of the Plan Commission. Mr. Brandgard said I had one question. What you have here you are showing you did this on Monday, December 1, 2008. Mr. Carlucci said that is correct because that is leftover from the Plan Commission meeting. I had not certified to the Town Council. That and I will speak specifically to what that entails. When the Council approved the ordinance with several multiple revisions in there, asked that the Clerk/Treasurer be removed as the issuance of the permit to an adult entertainment business and replace it with the Town Manager.

7 So, simply what this is is it goes through the ordinance and strikes out Clerk/Treasurer and puts in Town Manager. That change went back to the Plan Commission. They held a public hearing and then they forwarded it to the Town Council. I will go ahead and read the next one. Please be advised that pursuant to Indiana Code on Monday, January 5, 2009 the Town of PLAINFIELD Plan Commission gave a favorable recommendation to the proposal to amend the Town of PLAINFIELD zoning ordinance , TA-09-001 amending Article political campaign signs and Article deals with penalties for violations. The PLAINFIELD Plan Commission hereby certifies said proposal to amend the Town of PLAINFIELD zoning ordinance to you for your consideration with a favorable recommendation. A copy of the proposal to amend the Town of PLAINFIELD zoning ordinance is attached to this certification as Exhibit A dated the 12th day of January 2009.

8 I have again signed and sealed it as the Secretary of the PLAINFIELD Plan Commission. As you recall, we have had to amend our zoning ordinance specifically for campaign signs so that we come into compliance with what happened over the last election cycle. So, it basically says there are no restrictions on the size of the signs other than they have to be placed on your property and not in the public right-of-way that would interfere with oncoming traffic. The Plan Commission also instructed Mr. Daniel and Mr. James to look at other ordinances that have stood the test to determine if we can limit the size of the signs in the future and how we can do that and look to see if there is any reasonable restrictions we can put on them that have already passed the test of the courts. But in terms of the issue at hand it basically strikes out two requirements, one the size of the sign basically and also the amount of time before and after the election signs can remain.

9 ! 2 PLAINFIELD Town Council 01/12/09 The other amendment I think brings us up to where the State statutes are. Normally we would have to file violations of the zoning ordinance at the Hendricks County Superior and Circuit Courts; they couldn t be filed at the Town Court. My understanding from this amendment is that we amended the zoning ordinance to allow us to file those in the Town Court. Mr. Daniel said it is our opinion and Judge Spencer s opinion that under our current ordinance we can but it is just not as clear as it should be. So, if somebody challenged that, we would have to jump through a couple of hoops and that sort of thing to get to that point. This just clarifies this that clearly the Town Court has jurisdiction over our ordinance violations. Mr. Carlucci said those two amendments have been brought forward. I also have that part of the ordinance that encompasses those changes in the ordinance .

10 Mr. Brandgard said with that we need to accept the recommendations or not from the Plan Commission. Mr. Kirchoff made a motion to approve both of the recommendations that have been submitted to the Town Council from the Plan Commission this evening. Second by Mr. McPhail. None opposed. Motion carried. Mr. Carlucci said I indicated in my report that the Town had acquired 3239 Clover Drive. Mr. Daniel called me and told me that we have not so I just wanted to make sure that everybody knows that we have not acquired it. We are getting ready to take the next step in the process but we have not acquired the property. It may have been wishful thinking on my part. Also, I put a list of work sessions together for the next few months. The one thing that I did was I seem to recall, if this is incorrect let me know, but I thought your Thursdays were pretty much taken up. Mr.