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HomeMy WebLinkAbout10-07-2013 Po o o. a' * 4618 .* City of Carmel .........6„0„, _ oNfoijo Office of the COMMON COUNCIL Clerk-Treasurer MEETING AGENDA MONDAY, OCTOBER 7, 2013 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEETING CALLED TO ORDER 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS Nancy Chance— Good Samaritan Network of Hamilton County, Inc. —Presenting plaques to Carmel Fire and Police Departments and to Carmel Financial. 4. APPROVAL OF MINUTES a. September 16, 2013 Regular Meeting 5. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL 6. COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS 7. ACTION ON MAYORAL VETOES 8. CLAIMS a. Payroll b. General Claims c. Retirement d. Wire Transfers: Month of September, 2013 9. COMMITTEE REPORTS a. Finance, Administration and Rules Committee b. Land Use, Annexation and Economic Development Committee c. Parks, Recreation and Arts Committee d. Utilities, Transportation and Public Safety Committee e. Report from the Council Appointee to the Redevelopment Commission f. Cannel Utili -c'Malagent Fee84 ;di.P4IFMalitiibsktilConsulting, Inc. 1 10. OLD BUSINESS a. Eleventh Reading of Ordinance D-2137-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending and Restating Certain City Code Sections Relating to Bicycle Use Within the City's Corporate Limits (6-63 Regulation of Vehicular Use on Sidewalks, Multi-Use Paths, and Bicycle Lanes; 8-29 One-Way Streets and Alleys; 8-40 Operation of Vehicles in Roadways Where Bicycles are Present; 8-41 Operation of Vehicles in Roadways with Bicycle Lanes; 8-46 General Parking Restrictions); Sponsor: Councilor Carter. Remains in the Parks, Recreation and Arts Committee. b. Third Reading of Ordinance D-2144-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending Chapter 2, Article 4, Section 131(b)(c)(d)(e)(f) "Support for the Arts Fund#504" of the Cannel City Code; Sponsor(s): Councilor(s) Seidensticker, Sharp and Snyder. Remains in the Finance, Administration and Rules Committee. c. Second Reading of Ordinance D-2147-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Clerk-Treasurer, City of Carmel, Indiana, for the Year 2014; Sponsor(s): Councilor(s) Sharp and Snyder. Remains in the Finance, Administration and Rules Committee (10/8/13). d. Second Reading of Ordinance D-2148-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Cal uel City Court for the Year 2014; Sponsor(s): Councilor(s) Seidensticker and Sharp. Remains in the Finance, Administration and Rules Committee (10/8/13). e. Second Reading or Ordinance D-2149-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Fixing Salaries of Elected Officials of the City of Cannel, Indiana, for the Year 2014; Sponsor(s): Councilor(s) Sharp and Snyder. Remains in the Finance, Administration and Rules Committee (10/8/13). f. Second Reading of Ordinance D-2150-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City of Cannel, Indiana, for the Year 2014; Sponsor(s): Councilor(s) Sharp and Snyder. Remains in the Finance, Administration and Rules Committee (10/8/13). g. Second Reading of Ordinance D-2152-13; An Ordinance of the Common Council of the City of Cannel, Indiana, authorizing and Approving an Additional Appropriation of Funds from the Non-Reverting Thoroughfare Fund#919 ($483,000) and the Non-Reverting Keystone Improvement Fund#920 ($2,900,000) to the Non-Reverting Illinois Street Development Fund #212; Sponsor(s): Councilor(s) Rider, Schleif, Seidensticker, Sharp and Snyder. Remains in the Finance, Administration and Rules Committee (10/8/13). h. Fifth Reading of Ordinance Z-577-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Amending and Consolidating Commercial Landscape Requirements; Sponsor: Councilor Rider. Tabled 2 i. Second Reading of Ordinance Z-579-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Changing the Zoning Classification of 0.317 acres + of Land Located on the Northeast Corner of Old Meridian Street and Cannel Drive from the OM/O Old Meridian Office District Classification to the OM/V Old Meridian Village District Classification (Horizon Bank); Sponsor: Councilor Rider. j. Resolution CC-09-17-12-01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Carmel Clay Comprehensive Plan "C3 Plan 2009" Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. k. Resolution CC-09-16-13-05; A Resolution of the Common Council of the City of Cannel, Indiana, To Set Taxes Payable in 2014 and Authorization of Borrowing Between Funds; Sponsor: Councilor Rider. Tabled 11. PUBLIC HEARINGS a. Second Reading of Ordinance D-2151-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations for the 2014 Budget ($127,402,702); Sponsors: Councilors Sharp and Snyder. (Notice Published 9/20/13 and 9/27/13). b. First Reading of Ordinance Z-580-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Extending the Sunset Provision on the Process for Demolition of Contributing Buildings in the Old Town District Overlay Zone in the Cannel zoning Ordinance; Sponsor: Councilor Rider. c. First Reading of Ordinance Z-581-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Establishing the Atapco (34 Acres on the Northeast and Southeast Corners of Carmel Drive and Guilford Road) Redevelopment Planned Unit Development District; Sponsor: Councilor Rider. 12. NEW BUSINESS a. First Reading of Ordinance D-2153-13; An Ordinance of the Common Council of the City of Cannel, Indiana, Establishing Appropriations and Tax Rates for 2014; Sponsor: Councilor Rider. b. First Reading of Ordinance D-2154-13; An Ordinance of the Common council of the City of Cannel, Indiana, Establishing a Department of Storm Water Management and a Storm Water District, and Adopting and Approving Storm Water User Fees; Sponsor(s): Councilor(s) Rider and Snyder. c. Resolution CC-10-07-13-02; A Resolution of the Common Council of the City of Cannel, Indiana, Approving Issuance of Bonds of the City of Cannel Redevelopment District (Funding the Illinois Street Project and Refunding for Debt Service - $15,100,000); Sponsors: Councilors Sharp, Carter, Finkam Rider, Schleif, Seidensticker and Snyder. 3 13. OTHER BUSINESS 14. ANNOUNCEMENTS 15. EXECUTION OF DOCUMENT 16. ADJOURNMENT 4 COMMON COUNCIL MEETING MINUTES MONDAY, OCTOBER 7, 2013 - 6:00 P.M. COUNCIL CHAMBERS/CITY HALL/ONE CIVIC SQUARE MEMBERS PRESENT: Mayor James Brainard, Council President Richard L. Sharp, Council Members Carol Schleif, W. Eric Seidensticker, Sue Finkam, Luci Snyder, Ronald E. Carter, Kevin D. Rider and Deputy Clerk Treasurer Lois Craig. Clerk-Treasurer Diana L. Cordray was not in attendance. Mayor Brainard called the meeting to order at 6:01 p.m. Carmel Police Chaplain, George Davis, pronounced the Invocation. Mayor Brainard led the Pledge of Allegiance. RECOGNITION OF CITY EMPLOYEES AND OUTSTANDING CITIZENS: Nancy Chance, Good Samaritan Network of Hamilton County,presented plaques to Carmel Fire Department, Carmel Police Department and to Tracy Sheehan of Carmel Financial Corporation for their continued support of the Holiday Program. APPROVAL OF MINUTES: Councilor Seidensticker made a motion to approve minutes from the September 16, 2013 Regular Meeting. Councilor Schleif seconded. There was no Council discussion. Council President Sharp called for the vote. Minutes were approved 7-0. RECOGNITION OF PERSONS WHO WISH TO ADDRESS THE COUNCIL: Tonia Caplinger, representing Carmel Station HOA, addressed the Council in opposition to Ordinance Z-581-13 (Atapco Planned Unit Development). COUNCIL, MAYORAL AND CLERK-TREASURER COMMENTS/OBSERVATIONS: Councilor Snyder addressed the Council regarding the Hamilton County Humane Society. Councilor Rider thanked Rosemary Waters and her committee for their support of the Carmel International Arts Festival that was held this past weekend. 1 Councilor Finkam addressed the Council regarding Councilor Schleif recusing herself from all matters related to the City's budget, road and drainage discussions by the Council. Councilor Finkam stated that Councilor Schleif has individually and as a member of NOAX filed suit against the City alleging the City of Carmel has breached the Annexation Agreement. Councilor Carter addressed the Council regarding the conclusion of the Farmers Market on Saturday, October 5th, and also recommended that Councilor Schleif resign her seat from the Council and allow the precinct committee members to sit in caucus to name a new council person for Southwest Clay. Councilor Sharp informed the Council that Tania Castroverde Moskalenko, CEO and President of The Center for the Performing Arts, was honored by the Indianapolis Business Journal and named one of their 2013 Women of Influence. Councilor Schleif addressed Councilor Finkam and Councilor Carter. ACTION ON MAYORAL VETOES: There were none. CLAIMS: Councilor Seidensticker made a motion to approve claims in the amount of$1,301,077.25. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Claims were approved 7-0. Wire Transfers: Month of September, 2013: Councilor Seidensticker made a motion to acknowledge wire transfers in the amount of$1,301,077.25. Councilor Finkam seconded. There was no Council discussion. Council President Sharp called for the vote. Wire Transfers were acknowledged 7-0. COMMITTEE REPORTS: Councilor Snyder reported that the Finance, Administration and Rules Committee had not met. The next meeting will be held on Tuesday, October 8, 2013 at 5:00 p.m. Councilor Seidensticker reported that the Land Use, Annexation and Economic Development Committee had met and discussed Ordinance Z-579-13. The report will be given when the item appears on the agenda. Councilor Carter reported that the Parks, Recreation and Arts Committee had not met. Councilor Carter addressed the Council regarding Ordinance D-2137-13 (Bicycle Use) which remains in committee. Councilor Finkam reported that the Utilities, Transportation and Public Safety Committee had not met. The next meeting will be held on Monday, October 14, 2013 at 6:00 p.m. Dave Bowers, Council representative on the Carmel Redevelopment Commission, was available for questions of the Council regarding the financial activities of the Carmel Redevelopment Commission. There was brief Council discussion. 2 John Duffy, Director of Carmel Utility, addressed the Council and referred to Charles Malinowski, President, MALCON (Malinowski Consulting, Inc.) to present a report of the City's Cost Allocation Plan based on financial information for the year end 2012. There was brief Council discussion. Mayor Brainard addressed the Council. OLD BUSINESS Council President Sharp announced the Eleventh Reading of Ordinance D-2137-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending and Restating Certain City Code Sections Relating to Bicycle Use Within the City's Corporate Limits (6-63 Regulation of Vehicular Use on Sidewalks, Multi-Use Paths, and Bicycle Lanes; 8-29 One-Way Streets and Alleys; 8-40 Operation of Vehicles in Roadways Where Bicycles are Present; 8-41 Operation of Vehicles in Roadways with Bicycle Lanes; 8-46 General Parking Restrictions); Sponsor: Councilor Carter. Remains in the Parks, Recreation and Arts Committee. This item was not discussed. Council President Sharp announced the Third Reading of Ordinance D-2144-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending Chapter 2, Article 4, Section 131(b)(c)(d)(e)(f) "Support for the Arts Fund #504" of the Carmel City Code; Sponsor(s): Councilor(s) Seidensticker, Sharp and Snyder. Remains in the Finance, Administration and Rules Committee. This item was not discussed. Council President Sharp announced the Second Reading of Ordinance D-2147-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Clerk-Treasurer, City of Carmel, Indiana, for the Year 2014; Sponsor(s): Councilor(s) Sharp and Snyder. Remains in the Finance, Administration and Rules Committee (10/8/13). This item was not discussed. Council President Sharp announced the Second Reading of Ordinance D-2148-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the Carmel City Court for the Year 2014; Sponsor(s): Councilor(s) Seidensticker and Sharp. Remains in the Finance, Administration and Rules Committee (10/8/13). This item was not discussed. Council President Sharp announced the Second Reading or Ordinance D-2149-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Elected Officials of the City of Carmel, Indiana, for the Year 2014; Sponsor(s): Councilor(s) Sharp and Snyder. Remains in the Finance, Administration and Rules Committee (10/8/13). This item was not discussed. Council President Sharp announced the Second Reading of Ordinance D-2150-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Fixing Salaries of Appointed Officers and Employees of the City of Carmel, Indiana, for the Year 2014; Sponsor(s): Councilor(s) Sharp and Snyder. Remains in the Finance, Administration and Rules Committee (10/8/13). This item was not discussed. Council President Sharp announced the Second Reading of Ordinance D-2152-13; An Ordinance of the Common Council of the City of Carmel, Indiana, authorizing and Approving an Additional Appropriation of Funds from the Non-Reverting Thoroughfare Fund#919 ($483,000) and the Non- Reverting Keystone Improvement Fund #920 ($2,900,000) to the Non-Reverting Illinois Street 3 Development Fund #212; Sponsor(s): Councilor(s) Rider, Schleif, Seidensticker, Sharp and Snyder. Remains in the Finance, Administration and Rules Committee (10/8/13). This item was not discussed. Council President Sharp announced the Fifth Reading of Ordinance Z-577-13 As Amended; An Ordinance of the Common Council of the City of Carmel, Indiana, Amending and Consolidating Commercial Landscape Requirements. Council President Sharp lifted this item from the Table. Councilor Seidensticker referred to Adrienne Keeling, Department of Community Services, to present Ordinance Z-577-13 As Amended VERSION B to the Council for discussion. There was no Council discussion. Councilor Seidensticker made a motion to amend Ordinance Z-577-13 As Amended by substituting in whole Ordinance Z-577-13 As Amended VERSION B. Councilor Rider seconded. There was no Council discussion. Council President Sharp called for the vote. The motion was approved 7-0. Councilor Seidensticker made a motion to approve Ordinance Z-577-13 As Amended. Councilor Rider seconded. There was brief Council discussion. Council President Sharp called for the vote. Ordinance Z-577-13 As Amended VERSION B was adopted 7-0. Council President Sharp announced the Second Reading of Ordinance Z-579-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Changing the Zoning Classification of 0.317 acres± of Land Located on the Northeast Corner of Old Meridian Street and Carmel Drive from the OM/O Old Meridian Office District Classification to the OM/V Old Meridian Village District Classification (Horizon Bank). Councilor Seidensticker presented the Land Use, Annexation and Economic Development Committee report to the Council. This item was referred back to the Council with a positive recommendation. There was no Council discussion. Councilor Seidensticker made a motion to approve Ordinance Z-579-13. Councilor Rider seconded. There was brief Council discussion. Council President Sharp called for the vote. Ordinance Z-579-13 was adopted 7-0. Council President Sharp announced Resolution CC-09-17-12-01; A Resolution of the Common Council of the City of Carmel, Indiana, Amending the Carmel Clay Comprehensive Plan"C3 Plan 2009" Regarding the Transportation Plan; Sponsor: Councilor Rider. Remains in the Land Use, Annexation and Economic Development Committee. This item was not discussed. Council President Sharp announced Resolution CC-09-16-13-05; A Resolution of the Common Council of the City of Carmel, Indiana, To Set Taxes Payable in 2014 and Authorization of Borrowing Between Funds. Council President Sharp lifted this item from the Table and passed the gavel to Councilor Seidensticker to address the Council. This item will be renumbered to Resolution CC-10-07-13-01 (Formerly Resolution CC-09-16-13-06). Councilor Sharp made a motion to strike the following WHEREAS numbers 1, 3, 4, 9 and 10. Councilor Sharp also made a motion to strike Sections 1, 2, 3 and 5 and renumber Section 4 to Section 1 and Section 6 to Section 2. Councilor Sharp also made a motion to retitle this Resolution to read: RESOLUTION CC-10-07-13-01; A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, TO INCREASE ITS LEVY FOR TAXES DUE AND PAYABLE IN 2014. Councilor Sharp referred to Curt Coonrod, C.L. Coonrod & Company, to address the Council. Mayor Brainard addressed the Council. There was brief Council discussion. Councilor Sharp made a motion to amend Resolution CC-09-16-13-05. Councilor Rider seconded. Councilor Seidensticker called for the vote. Resolution CC-10-07-13-01 (Formerly Resolution CC-09-16-13-05) As Amended was adopted 7-0. Council President Sharp reclaimed the gavel from Councilor Seidensticker. 4 PUBLIC HEARINGS Council President Sharp announced the Second Reading of Ordinance D-2151-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Appropriations for the 2014 Budget ($127,402,702); Sponsors: Councilors Sharp and Snyder. (Notice Published 9/20/13 and 9/27/13). There was no Council discussion. Council President Sharp opened the Public Hearing at 7:33 p.m. Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at 7:33:30 p.m. No Council action was taken on this item. Council President Sharp announced the First Reading of Ordinance Z-580-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Extending the Sunset Provision on the Process for Demolition of Contributing Buildings in the Old Town District Overlay Zone in the Carmel Zoning Ordinance. Councilor Rider made a motion to move this item into business. Councilor Snyder seconded. Councilor Rider presented this item to the Council. There was brief Council discussion. Council President Sharp opened the Public Hearing at 7:35 p.m. Seeing no one who wished to speak, Council President Sharp closed the Public Hearing at 7:35:30 p.m. There was no Council discussion. Council President Sharp referred Ordinance Z-580-13 to the Land Use, Annexation and Economic Development Committee for further review and consideration. Council President Sharp announced the First Reading of Ordinance Z-581-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing the Atapco (34 Acres on the Northeast and Southeast Corners of Carmel Drive and Guilford Road) Redevelopment Planned Unit Development District. Councilor Rider made a motion to move this item into business. Councilor Finkam seconded. Councilor Rider referred to Charlie Frankenberger, Attorney, and Jon Dobosiewicz, representing the petitioner to present this item to the Council. There was no Council discussion. Council President Sharp opened the Public Hearing at 8:00 p.m. The following citizens addressed the Council in opposition to Ordinance Z-581-13: Karen Todd, representing Carmel Station Annie Ihrer Chris Burke Karla Dodd, representing Carmel Station The following citizens addressed the Council in favor of Ordinance Z-581-13: Mo Merhoff, representing the Carmel Chamber of Commerce Bill Brooks The following citizen addressed the Council with concerns (traffic) of Ordinance Z-581-13: Howard Fieldem Seeing no one else who wished to speak, Council President Sharp closed the Public Hearing at 8:22 p.m. There was brief Council discussion. Council President Sharp referred Ordinance Z-581-13 to the Land Use, Annexation and Economic Development Committee for further review and consideration. 5 NEW BUSINESS Council President Sharp announced the First Reading of Ordinance D-2153-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing Appropriations and Tax Rates for 2014. Councilor Schleif made a motion to move this item into business. Councilor Snyder seconded. There was no Council discussion. This item was Tabled. Council President Sharp announced the First Reading of Ordinance D-2154-13; An Ordinance of the Common Council of the City of Carmel, Indiana, Establishing a Department of Storm Water Management and a Storm Water District, and Adopting and Approving Storm Water User Fees. Councilor Rider made a motion to move this item into business. Councilor Finkam seconded. Councilor Snyder presented this item to the Council. There was brief Council discussion. Mayor Brainard addressed the Council. Council President Sharp referred Ordinance D-2154-13 to the Finance, Administration and Rules Committee for further review and consideration. Council President Sharp announced Resolution CC-10-07-13-02; A Resolution of the Common Council of the City of Carmel, Indiana, Approving Issuance of Bonds of the City of Carmel Redevelopment District (Funding the Illinois Street Project and Refunding for Debt Service - $15,100,000). Councilor Snyder made a motion to move this item into business. Councilor Finkam seconded. Councilor Snyder presented this item to the Council and referred to Bruce Donaldson, Attorney, Barnes & Thornburg, to address the Council. Council President Sharp referred to Loren Matthes, UMBAUGH, to address the Council. Mayor Brainard addressed the Council. There was no Council discussion. Council President Sharp referred Resolution CC-10-07-13-02 to the Finance, Administration and Rules Committee for further review and consideration. OTHER BUSINESS There was none. ANNOUNCEMENTS There were none. EXECUTION OF DOCUMENT ADJOURNMENT Mayor Brainard adjourned the meeting at 9:03 p.m. • Respectfully submitted, - /0 / Clerk-Treasurer Diana L. Co drai, IAMC Appro -d, es Brainard, Mayor ATTES r axd,c2/ Diana L. Cordray, IAMC, Clerk- reasurer 10/07113 CC Meeting Minutes 6 CARMEL REDEVELOPMENT COMMISSION October 7, 2013 CITY COUNCIL REPORT (Prepared for David Bowers and Brad Meyer 9/2.5/13) CRC Meetings • Upcoming Meetings: o Wednesday. October 16. 2013 at 6:30 p.m. — Regular Meeting Financial Matters: • The end of month August CRC Cash balance is $1,502,796 • The end of month August CRC Cash and Restricted Funds balance is $4,202,796 CRC Public/Private Partnerships: 1. City Center— CRC/Pedcor LLC (Parcel #5) NASH BUILDING a. Contractors for the Nash Building Garage have mobilized on the site and are expecting a 9 month construction schedule. Construction will take a little longer due to construction during the winter months. Excavation is complete, footings are 85% complete and wall forms and pouring are underway. The 1'r 100 feet of concrete wall has been poured and a second 100 feet is being prepped for a pour the week of 9/30/13. 2. Parcel#7-C a. The Mezz construction fencing has been installed along the Motion Trail. Footings and foundation work has started. Steel should start to arrive on site towards the middle to end of October. b. The City Engineer received bids for utility work on the south side of the 7C parking garage. Waiting for the box culvert to be delivered. No update at this time. 3. Shapiro's (Parcel#10) a. Shapiro's has formally closed and vacated the building. The CRC has released the RFP for the sale of the building and the FF&E. Bids were opened at the 9/18/13 CRC public meeting and are currently being reviewed by the CRC staff and legal counsel. The CRC will take formal action at the October public meeting. 4. Party Time (Parcel #9-28) a. The CRC received and opened one bid, from Flaherty &Collins, on 6/19/13 at the CRC's public meeting. The CRC formally rejected the bid at the CRC's 7/24/13 public meeting. No update at this time. 5. Miscellaneous Projects a. Reflecting Pool— the CRC opened bids on 7/24/13 to replace all of the coping around the pool edges. The CRC awarded a$200,000 contract to Smock Fansler for the acquisition and delivery of the granite coping material at 9/18/13 public meeting. 1