Approved March 4, 2002

The Common Council of the City of West Lafayette, Indiana met in the Council Chambers at City Hall on February 4, 2002 at the hour of 7:30 p.m.

Mayor Margerum, who presided, called the meeting to order.

Clerk-Treasurer Rhodes called the roll:

PRESENT: KEEN, MILLS, O'CALLAGHAN, SATTERLY, SPARBY, WINDLER

ABSENT: COHEN

ALSO PRESENT: City Attorney Bauman, WWTU Director Darter, Police Chief Marvin, Fire Chief Ford, Director of Development Andrew, City Engineer Snyder, Street Commissioner Downey, and Parks Superintendent Payne.

The Pledge of Allegiance was repeated.

MINUTES

Councilor Sparby moved to approve the minutes of the January 3, 2002 Pre-Council Meeting and the January 7, 2002 Common Council Meeting as distributed. Motion was seconded by Councilor Satterly and passed viva-voce.

COMMITTEE STANDING REPORTS

Street and Sanitation: Councilor Satterly presented this report.

The monthly highlights, Lindberg Road work is progressing. There is no thru traffic on Lindberg Road. The road is open from McCormick to Kestral. The University Farm's mixed paper and cardboard drop off has been moved from Dubois Street to the baseball field parking lot on LaGrange Street. The weekend of February 16 is the next weekend for the drop off. Construction on the east wing of the Street Department building is 70% complete. The Rose Street Curb & Sidewalk renovation is to start in the spring of 2002. The Street Resurfacing Project for 2002 has been advertised and bids are to be opened in February, this month.

Planning and Zoning: Councilor Mills presented this report.

I have one item. The Community Issues Committee will meet on February the 19^th, at McCutcheon Hall, on the Purdue Campus, 7:00 p.m. Ken Burns and Michelle White will give us a little update on Purdue development.

Public Safety: Councilor Keen presented this report.

For the month of January, the West Lafayette Fire Department answered a total of 113 calls, which was about the same over the month previous. For the same time period, the West Lafayette Police Department answered a total of 1,712 calls, which was up about 20% actually. We're also going to have two reports tonight, one of which will be an update on the West Lafayette Police Station. But, before that, we are going to have a very special report by the Mayor.

Mayor Margerum said well, I have a special commendation that I would like to make to Officer Jaime. On Tuesday, January 8, at approximately 6:10, you were dispatched to 2550 Yeager Road for a medical assist and you were advised that a pregnant female subject's water had broken. When you arrived at the location you found that she had delivered the baby but the baby had an obstructed airway and was not breathing. You remained calm and, through using your training, you were able to clear the baby's airway and the baby started breathing. I would like to commend you, and Chief Marvin joins me and I know the Council, in commending your efforts while responding to and handling this call. Clearly, your efforts saved the life of a newborn baby. The Chief has talked with the mother and she indicated that the baby is doing well and West Lafayette citizens should be very proud of your professional, dedicated manner in which you responded to this call. So, thank you for serving the Department, and congratulations, and thanks again.

[Applause]

Mayor Margerum said the next item is Bob Bauman and Tom Gall will present an update on the Police Station.

City Attorney Bauman said we felt that it was probably appropriate to update the Council on the progress of the Police Station because we're going to be asking the Council to take some action beginning next month to enable this project to move forward. So, we'd like to review briefly the history of the project, the design of the Police Station, and the process and schedule that will follow from here on out. This is City Hall. It was completed in 1972, has a total of 17,600 square feet, and the Police Department in the lower level has approximately 6,385 square feet and Scott Snyder [City Engineer Snyder] pointed out to me today that a lot of times that space in City Hall is not entirely usable for offices or specific functions. During that period of time, the population of the City has grown from approximately 19,000 to over 28,000 and also during that period of time the number of employees in the Police Department has grown from 28 to 60. Now, while some of these employees are on the street, all of those employees are ones who have activities which require them to be and do certain things at the Department on a daily basis. So, the space and the facilities they have to work with are very important. The situation was addressed on a temporary basis with the addition of the temporary building in 1999, which increased the space to 7,500 square feet and there was an additional 2,100 square feet, which is in use in off site storage. That temporary building was used for storage, showers, and a squad room. So, I think from the growth of the Department the need for a new facility is something that is fairly clear and to work on this the Mayor appointed a study committee in 2000. Members Dick Bossung, a former City Council Member, current Council Member Gil Satterly, Sandy Allende, Lee Trachtman, Regina Becker, Councilor Gerry Keen, Chief Dan Marvin, and Deputy Chief Chris Leroux. They reviewed the current status, assessed future needs. A Construction Manager, Tom Gall, was brought on board and after that there was a process including a request for qualifications and interviews that lead to the hiring of an architect, which was RQAW, and then they began a design process. Tom, do you want to go ahead and take it at this point? And then, we'll come back and talk about some of the rest of the process for getting the building built.

Mr. Gall said basically, we started the design process and we had some primary goals, was to design a facility that would meet the need for the next 25 years, to do it cost effectively with financing that would not involve a tax increase, and to deal with some practical transition issues from the existing facility to the new facility. We had some budget constraints as well, a construction budget, which includes furnishings, phone systems, as well as exercise equipment and moving into the facility of $5.5 million. The decision to expand the existing site to share some of the existing infrastructure, which dovetails into utilizing the existing dispatch center. That's a savings of about a million dollars in the project and, as we understand it, there's a good chance that the dispatch center won't be needed in the near future and to spend that kind of money in the new facility and not have it available to add square footage to the facility didn't seem like the right thing to do, which had an awful lot to do with why the site was selected. The design process is basically in four phases. Strategic planning, RQAW came in and did a very early piece of work to help us determine roughly how big it would need to be and if it would fit on the site as we had envisioned it, on into space programming, conceptual design and then where we are today in final construction documents. Strategic planning, the basis for this was to identify the components, analyze growth project system factors, analyze component organization and operation, review/summarize existing spatial conditions, develop space standards, analyze existing parking, analyze potential sites and find the buildable area. In other words, what happened here is RQAW used their expertise to look at what we had, what we were doing, how much space we were doing it in and determine how much space we should be doing it in. That amounted to essentially saying that we're in a little over 7,000 square feet. They should be in about 19,000 square feet to meet the need currently today. The next step is to do space programming, to define the general philosophies of the operation, determine specific goals and policies, define how the workstations should lay out in each individual room, summarize the Department staffing needs, develop some parking projections, define detailed component space needs, identify adjacencies, proximities (what operations need to be next to what operations), identify technologies (records, computer needs), develop an operational security plan, and prepare detailed program document. In the conceptual design, we worked to develop overall occupancy scenarios. In other words, was it going to be a one story building, two story, three story, basement plus two stories? Those kinds of ideas were developed. Worked with the site plans, determined what systems would be used, do an image study to study the buildings in the surrounding area to try and develop a new building that would fit in the area, prepare conceptual cost estimates, and develop an anticipated project schedule. I think I'd go back on the conceptual design. One of the things that was done, a good example would be the workout facility. Had we done it in a two story building, it would have probably wound up on the second floor, which leads to some interesting construction and some interesting issues with weights being dropped on the floor and creating a lot of noise for people underneath it. That was one of the reasons that we wound up with a basement and a two story structure above it. So that uses like that could wind up in an area where they didn't cause difficulties for the rest of the building. Getting into the budget issues, following conceptual design the new building was priced and the pricing that we received at that point exceeded the budget that we had decided we could work with. So, we stopped for a period of time, looked at the materials that the building was being built out of and some of the systems that were being used, and, with a goal of not making the building smaller but staying within the budget, came back and did develop a budget that is within the constraints. One of the ways we did that was we used a different exterior panel. This building has a concrete panel exterior. There are many different types of panels to use. The panel that's represented on that rendering there is a significantly less expensive panel than was originally conceptualized by the architectural firm. Several things like that were done and we were able to save a significant amount of money on the budget. We're now into the final construction document phase. That phase is about 98% to 99% complete. We're at a point where what we've done is turn all of the conceptual plans and thoughts into final construction plans and specifications. One of the last things that we've done here is do a final room by room review with revisions and approval by the Police Department. Site drainage plans have been submitted for the building and the Salisbury parking lot. Stormwater drainage issues have been solved by utilizing underground storage for the Police building itself. That system is on the main site. In the Salisbury area we have an existing situation that's been existing for a long time where the back yards of those neighbors have been flooding. That water never did have a place to go. With the plan for that lot, it does. It will have its own drainage structures. The water will be taken off their lots, put into a drainage structure and out into the City drainage, whereas the lot itself will store its own water and release it out into the street. That was something that was brought up by a neighborhood concern at one of the very first neighborhood meetings that we had, to make sure that when we got done that drainage problem was taken care of. This is a site plan showing the new Police Department and its adjacency to City Hall and its surrounding new parking. This is the first floor of the building and we do have floor plans back here so afterwards, if you want to stop and look through them and ask questions, we will be around for that. The first floor of the Police Station, which involves a lot of the administrative functions as well as, on the right hand side of this picture, a four car sally port for bringing in of prisoners, entering them into the system, and for minor maintenance on the cars such as lights or the attachment of electronic equipment, not for major maintenance, oil changes or things of that nature. The building hasn't been designed for that use. The second floor, more of the Police functions, detectives' areas, interview areas, soft and hard interviews, and all of these spaces are designed through the year 2025. When they move into this building there will be significant space for expansion. This is the lower level, which involves a lab and the evidence areas, locker rooms, workout rooms, mechanical spaces, and to the left of this you see an alternate area for a basement that would extend all of the way to the east, which would at this point be storage and future expansion of the building. It is being priced as an alternate so that the determination can be made to add it or not after the bids are received. You notice the space to the right is an area that is at grade. We are looking at the basement now, so that area is where the cars come into the garage above it. This is the rendering of the new Police Station. It matches the real one that you can see to the right of it. There have been several issues to deal with. We've had to acquire the site, make sure the building site would work. We've had to deal with the issue of additional parking. We have gone through the process of doing a Planned Development to unify all of the City's properties and to deal specifically with the issues of drainage, landscape, traffic, and utilities. The site acquisition involved surveys of the properties to purchase, appraisals, an offer and financing, which is an EDIT additional appropriation, is closing this month. The issue of additional parking was a concern from the beginning and RQAW did a study and we also, of course, leaned on the Unified Zoning Ordinance such that the Planned Development that was done met the Unified Zoning Ordinance parking requirements. The Salisbury Street parking lot that has been designed is almost finished as well. It was specifically designed to leave the existing large trees in place. We could have gotten more parking on that space. It seemed like it was important, though, to save those trees. They are large, very mature trees. The landscaping was required to have a significant buffer between the residential areas and this commercial space. Again, the drainage requirements, to solve an existing neighbors drainage issue, and that has been done and it meets traffic engineering standards. I'll let Bob have it.

City Attorney Bauman said in financing goals for this project, the number one was to avoid a tax increase. The second was to avoid adverse impact to other City activities and the third was to try to be as cost effective as possible with a low interest rate. The plan then involved keeping the building construction cost to $5.5 million and, as Tom discussed a moment ago, that involved going back and doing some design work at one point to make sure that we did that. The other land acquisition and site cost will come from City capital funds that have been saved rather than borrowing. In order to avoid a tax increase, we use existing Economic Development Income Tax, EDIT funds, to make the payments on the bonds. In order to keep the interest rate as low as possible, we'll be requesting a property tax backup. That will allow us, the rule of thumb they say is that is at least a 25 basis points savings on the interest rates. The steps for the financing would be a petition by 50 taxpayers for this kind of financing. We'll advertise for construction bids. The Mayor will amend the EDIT plan. We'll be requesting next month that the Council make a finding of need for this project and a pledge of the EDIT revenue. At a point in the future, we'll have a hearing on the lease and appoint appraisers. Those appraisers will set the price for the City to sell the land to a leasing corporation for construction of the building and approval of bond anticipation notes. There will also be a Local Government Tax Control Board hearing. The Council will appropriate the land payment from the leasing corporation. We anticipate that that money would be recycled back into this project. Bids will be received and analyzed. Then there will be notice of execution a lease. The leasing corporation will approve the borrowing, the trust indenture, the official statement and the BANs. Close on the BANs. Execute the lease. Begin construction. The final bond sale will be closed. It will be under construction this year and into next year and, after it is completed, payments can begin. This is a relatively complex project involving various design elements, the purchase of additional land both for the building itself and for the additional parking. It has involved a Planned Development. The financing considerations. The budget constraints we're working with. Even after the project has begun, like all construction projects it will still be weather dependent, but at this point it is still on virtually the same schedule as was set last year on the initial planning phase. We hope to have the contract signed and begin work in April of this year. We hope to have the building enclosed before winter. That will allow various interior work to proceed throughout the winter. They'll come back to site work next spring and by the summer of 2003 we anticipate that the building would be completed and placed into service. And if anyone has any questions, we will try to answer those.

Councilor Sparby said I had a question and I don't know if you could answer or maybe Dan [Police Chief Marvin]. The workout facility that's in the area in the basement of the building, is that going to be open to all employees?

Police Chief Marvin said with the security that's been chosen, we would be able to allow people to have access to that, to keep that code. So, we could allow other City employees to have access to that, without even having to bother any of the Police employees.

Councilor Sparby said because I know the Fire Department is interested in something like that. Thank you.

Mayor Margerum said thank you very much and, as you can see, a lot of very careful planning has gone into this and Dan and the officers have spent many, many hours with the architects.

City Attorney Bauman said I know that they have been frustrated that they have needed space for a long time, but I think the time that's taken to plan it has also resulted in a great deal of departmental input and hopefully that will get a facility that will serve them very well over the 25 year life of it.

Mayor Margerum said and I would also like to thank Dick Bossung and the Committee that has worked on the initial planning. Thank you very much.

Purdue Relations: No report.

Parks and Recreation: Councilor O'Callaghan presented this report.

The Park Board met January 28 and the Parks staff has completed a draft of the Five Year Master Plan. There will be a Citizen Recreation Advisory Committee meeting on Tuesday, February 12, at 7:00 p.m. right here for additional public input on the Master Plan, and also a discussion of the University Farm park. There is a horticulture class at Purdue that will be working on the design of the park. The next Park Board meeting will be February 25 to accommodate President's Day.

Department of Development: Councilor O'Callaghan presented this report.

The Redevelopment Commission met on January 17 and they also presented their year end report and discussed the road to connect Brees Way with the hotel. It will definitely help the traffic flow and help shoppers who are shopping in Wabash Landing to be able to get to the parking garage, in case there are no spaces out front. Certainly there was the exciting announcement about Borders Bookstore coming. When we met with the youth about activities that they wanted to see in West Lafayette, they mentioned a big bookstore. So, they were excited about the possibility of Borders and they are indeed coming. The next Redevelopment Commission meeting will be February 7, this week, at noon.

PERSONNEL: No report.

BUDGET AND FINANCE: No report.

WASTEWATER TREATMENT UTILITY: Councilor Satterly presented this report.

Concerning the treatment of wastewater, the Treatment Plant personnel are treating the sewage and the statistics on the treatment are well under the maximums allowed. There was some overflow during the month of December, at the plant, 1.25 million gallons. The report is on file in the Clerk-Treasurer's Office.

REPORT OF APC REPRESENTATIVE: No report.

REPORTS OF SPECIAL COMMITTEES:

PUBLIC RELATIONS:

Mayor Margerum said I wanted to just acknowledge and give my sympathies and that of the Councilors and the City to the families of Judge Heid and Roger D. Branigin. They were two great losses to our community, especially from the legal fraternity and so I just wanted to note that those two gentlemen had passed and convey our sympathy to the families.

FINANCIAL REPORT:

Councilor Sparby moved that the financial report be approved as distributed. Motion was seconded by Councilor Satterly and passed viva-voce.

UNFINISHED BUSINESS

Ordinance No. 2-02 An Ordinance Providing For Temporary Loans From A Fund Having Sufficient Balance To A Depleted Fund (Prepared by the Clerk-Treasurer). Councilor Sparby read the ordinance in part and moved that Ordinance No. 2-02 be passed on second and final reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said is there any discussion?

There was no discussion.

Ordinance No. 2-02 passed second and final reading, 6-0.

Ordinance No. 5-02 (Amended) An Additional Appropriation (EDIT) (Prepared by the Clerk-Treasurer) PUBLIC HEARING. Councilor Sparby read the ordinance in part and moved that Ordinance No. 5-02 (Amended) be passed on second and final reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said before we can vote on final reading, we need to have a public hearing. As you heard this was to assist the library in purchasing additional space, which would give them more space and also provide for some public space and landscaping around the new library. Is there anyone in the audience who wishes to speak in reference to this ordinance? Seeing no one, I will close the public meeting. Does anyone have any questions or comments about the purchase of the space for the library?

Councilor O'Callaghan said just excited about the possibility.

Mayor Margerum said yes, well, I think it will be very helpful to both groups.

There was no further discussion.

Ordinance No. 5-02 (Amended) passed second and final reading, 6-0.

NEW BUSINESS

Ordinance No. 6-02 To Amend Certain Portions Of The Unified Zoning Ordinance Of Tippecanoe County, Indiana, Designating The Time When The Same Shall Take Effect (UZO Amendment 26) (Submitted by Area Plan Commission). Councilor Sparby read the ordinance by title only and moved that Ordinance No. 6-02 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said Councilor Mills, would you explain this one, please, as our APC Representative?

Councilor Mills said thank you, Mayor. This is an amendment to the ordinance to clear up a little bit of the language as to what constitutes a public utility and this was a result of the cell phone that was built in downtown Lafayette. So, the language has been changed so that a public utility is a little bit more well defined than it was previously.

Mayor Margerum said all right, and this passed the Area Plan Commission.

Councilor Mills said 13-0.

Mayor Margerum said all right, is there any other discussion or questions? This is the one and only reading.

There was no further discussion.

Ordinance No. 6-02 passed first and only reading, 6-0.

Ordinance No. 7-02 To Rezone Certain Real Estate Within The City Of West Lafayette, Indiana And Designating The Time When The Same Shall Take Effect (R1 to NB) (Robert Bouggy/John Folkers) (Submitted by Area Plan Commission). Councilor Sparby read the ordinance by title only and moved that Ordinance No. 7-02 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said Mr. Bumbleburg?

Mr. Joe Bumbleburg [Ball, Eggleston, Bumbleburg, McBride, Walkey, & Stapleton] said thank you Mayor, members of the Council. I represent the petitioners in this matter, Dr. Bouggy and Dr. Folkers, both of whom are present here with us this evening. As I'm sure all of you are very well aware, the doctors occupy a building at the corner of Lindberg Road and Northwestern. The office has been a dentist's office since at least 1964 and the number of dentists that were there then, two, are the same number of dentists that are there today. But the site is noncomplying under the zoning ordinance with regard to parking and what we have here is a system that is going to try to make the parking situation better. The more off street parking we can artfully do, the better everyone else will be. What we are trying to do here is get maximum help for this corner with a minimum impact on all of the neighbors. What that amounts to is, on the big drawing, and this is a replica of the one I know you have in your staff reports, but that spot right there is the existing office. Here is Lindberg Road. That's Summit. There's Northwestern here. This property right here, which I will call to the south, is owned by the doctors also and, quite candidly, if there was a better way without as much paper as we've generated to do this, we would have happily done it, except that there are all kinds of rules about property lines and zone lines and all of those kinds of crossing inappropriately. So, what we did was we have this process where, from this point back, that's about 60 feet, by doing that this lot remains a compliant lot under the zoning ordinance. We will take about 16 feet off of this lot and add it to that lot and that will permit us to place 8 fully compliant parking spaces to go with the 7 spaces that are already in that area. We will have a planting screen in this area, and pursuant to Section 4-9-5 (c) of the NUZO we are authorized to deal with the City Engineer. Mr. Snyder and I have commenced to begin, and we have a draft and I think we are pretty close to having it completed, that would govern the activity of this particular parking area. It provides that the wheel stops would be required and the other kinds of amenities for a parking space would be appropriate for that particular area. The benefit to this is, of course, that the parking, which as I understand on Lindberg Road right here, which is going to disappear and is currently used by both staff and patients, will to some degree be replaced by what we have here. In this kind of a neighborhood what happens is if you don't do that, then you impose on everybody else. And where would that parking be? Well, unfortunately, it will be over here on Summit, which would be a little bit of a walk but it imposes upon a neighborhood and what we are trying to do is stop that. I grew up in a neighborhood where there was a public facility that imposed upon the neighbors and it becomes a source of neighborhood aggravation. So, what we have here are the doctors trying to take care of this problem in the least intrusive way that we can. The parking spaces that I indicated right here are all conforming. We haven't sat down and drawn this little area here yet, but I have a suspicion that we could put in there some, what I would call noncompliant, parking spaces. But, I don't think when you need the 22 foot aisle space like we have here that we could make those really count under the ordinance. That does not mean that we won't use that space and the ordinance would not have any problem with it. It's just that we couldn't count that. So, hopefully, when we get this all done we will be able to pick up a couple more there to be able to use in addition and bring this thing even closer to its compliance. By having the tight screening that we have here, having the wheel stops, having some screening in that little area right there, we will have accomplished everything essentially that the ordinance requires except having a large buffer strip. The buffer strip would be more appropriate if, in fact, this lot and this lot didn't have a form of common ownership, which it does. By the way, the agreement that we've worked out with the City having to do with this provides that as long as the signatories to this agreement are the same owners as this property here then the contract stays in effect and if they were ever to sever those lots, then this thing would all have to be revisited to see where we are on it. Like I say, if we could have figured out a way to just do this on some sort of informal or temporary basis, that might have been a better solution, but there are none like that in the ordinance. So, this is best we can do to get into a better situation for that particular corner. This piece of property is NB, and certainly has been NB as long as I can remember, and this piece here has a residential character to it by zoning. Those items will stay as they are and that's also a good thing for the position that we're promoting to you as members of the Council. I think with that I will entertain questions should you have any.

Councilor Windler said have the owners always owned that second lot there to the south or did they just buy it for the purposes of additional parking?

Mr. Bumbleburg said well, I'll let John [Folkers] or Bob [Bouggy], how long have you owned the second lot, gentlemen?

Dr. Bouggy said two years.

Mr. Bumbleburg said they've owned it for two years.

Councilor Keen said do you know what the square footage of the south lot will be after the rezone, approximately?

Mr. Bumbleburg said no, I don't as a matter of fact. The lot is 170 feet deep and, I think, 80 feet wide and we are going to take off of it a piece 16 by about 100.

Councilor Keen said my math isn't that good.

Mr. Bumbleburg said neither is mine.

City Attorney Bauman said you're taking how much off then?

Mr. Bumbleburg said we are taking about 100 by 16.

Councilor Windler said so, 1,600 square feet.

Mr. Bumbleburg said that's 1,600 square feet, thank you.

City Attorney Bauman said that would leave about 12,000 square feet, according to my calculation, which is probably suspect, too.

Mr. Bumbleburg said when you have lawyers doing engineer kind of work, take your chance.

City Attorney Bauman said that's right.

Mr. Bumbleburg said I say that before [Tom] Gall does that to us, here, or [Dan] Pusey, even worse.

Councilor Satterly said how is the drainage going to be arranged for that additional paved area?

Mr. Bumbleburg said well, we'll have to handle it.

Councilor Satterly said it will drain north?

Mr. Bumbleburg said back onto the other lot. It will be handled when you put the hard surface in.

Mayor Margerum said are there any other questions from the Council? Are there any questions or comments from the audience?

Jim Richardson (1000 Oakhurst Dr.) said I live at the other end of the block. I'm not here to make a fuss about things. I guess I did that a couple of weeks ago. What disturbs me still is in this great spirit of informality, jovialness, and congeniality, it seems that things somehow will work themselves out. But, in the distant future when maybe that doesn't obtain, we're still going to be left, or our successors are going to be left, with trying to unravel all of the problems. I would feel more comfortable than I do already, having talked with the doctors and understanding their desire to be good neighbors and solve their problems and affecting the rest of the neighborhood who have been there even longer than the dentist's office, I feel good about that relationship, but I think it would be helpful to me, at least, if you folks could give me a sheet of paper that spells out the resolution of these matters and just exactly what is to be approved tonight. What precise piece of land is going to be rezoned? Is it going to be made a part of Lot 18 to the north? Is it going to remain a part of 17 but a part of 17 rezoned? The drainage is a problem for people behind. Surely, something must be done, more than just looked into it. So without trying to raise any hackles, I would like to hear some of these unresolved issues spelled out, preferably in black and white.

Mayor Margerum said Mr. Bumbleburg, would you like to answer that?

Mr. Bumbleburg said for Mr. Richardson and members of the Council, as a paperwork process what will happen tonight, if you approve our request, is that little piece right there will be rezoned, and only that little piece. All of the rest of the property stays as it is right now. So, that piece will stay that way. It will then be severed from the south lot by an Exemption E transaction, and transferred to the north lot, and made a part of the north lot. Again, I pointed out a minute ago that if there was another way to do that, we would be happy to do it. But, that's the only way under the zoning code that we can make this thing adhere to what the code says. So, that's what will happen, an Exemption E transfer of that piece, what Mr. Bauman calculated a minute ago about 1,600 square feet, to the other lot. The remaining parts of the paperwork stream, if you will, first of all that will require a deed and that will be a matter of public record and then there will also be the agreement pursuant to 5-9-5 (c), which will be a document executed pursuant to the code by the owners and accepted by the West Lafayette City Engineer under the statutory powers granted to him when the zoning ordinance was passed. So, there will be a perfectly good paper trail. Nearly all of this one would be recorded, because I think the City, I suspect Mr. Bauman would be a lot more comfortable if the 4-9-5 agreement was also recorded and I think probably I would be more comfortable with that, too, from just a title situation. So, there's going to be a perfect paper trail on this, or as perfect as we can make.

Mayor Margerum does that answer your questions then? Are there any other comments or questions from anyone in the audience?

Ted Weidner (1820 Summit) said I didn't hear the concern over drainage addressed. My property corners on the property being rezoned and where's the water going to go? I didn't hear that addressed. I'm still not real fond of the split zoning on the property and, between you and me, sometimes Mr. Bumbleburg just assumes that you people are all going to go along with him and a lot of back patting going on, and to us people out here, it doesn't look real good. I felt almost threatened by Mr. Bumbleburg when he said we're going to park some cars on your street if you don't do this. He didn't say those exact words but that's what came across, and I didn't like it.

Mayor Margerum said the drainage issue, I believe, is one that will be, as the lot is.

Mr. Bumbleburg said that will be part of the construction drawings that have to be approved by the Engineer's Office.

Mayor Margerum said the construction drawings, Mr. Snyder will have to approve those and they will have to meet the requirements of the Unified Zoning Ordinance, is that correct, drainage ordinance?

City Attorney Bauman said the general requirements of the drainage ordinance is that, if this was approved and they wanted to build parking there, they would have to show that the runoff after the parking was constructed would not exceed that of the pre-development condition. That is, before that hard surface was added. Typically, that will involve some kind of storage and metering, often redirection of the flow. Again, those details would be handled with the City Engineering Department.

Mr. Weidner said so, will this be only looking at the additional paving or will it be looking at the whole 9 yards, the additional to what's already there?

City Attorney Bauman said the ordinance would only apply to the additional.

Mr. Weidner said I think we already have some runoff.

City Attorney Bauman said well, most places that there is hard surface, there is, and this ordinance was adopted.

City Engineer Snyder said 1988.

City Attorney Bauman said and anything that was built before then didn't require any kind of drainage plan. So, yes, there are situations throughout the City from before the drainage ordinance where there are issues.

Mayor Margerum said but this is the time to bring those up, because at least that part of it can be addressed. Are there any other questions from the audience or from the Council?

Councilor Sparby said Madam Mayor, I had a question for Joe. Is there going to be some landscaping done or something to provide a buffer there? I was looking through it and I didn't see is spelled out in the Area Plan's report.

Mr. Bumbleburg said this area right here is a planting screen, where the little hash marks are.

Councilor Sparby said OK.

Councilor Keen said it's annotated.

Councilor Mills said you talked about that in Pre-Council.

Councilor Sparby said is there currently landscaping between the lots, on the existing Lot 18, I think it is?

Mr. Bumbleburg said this is 17, this is 16.

Councilor Sparby said 16, I'm sorry.

Mr. Bumbleburg said right here?

Councilor Sparby said on the backside, is there any?

Mr. Bumbleburg said no.

City Attorney Bauman said again, that would be a situation where these properties were developed before any of those buffering requirements were in the zoning ordinance.

Councilor Sparby said OK, but that might be something that the neighbors might appreciate, if they could see fit to do that at some time, maybe.

Mr. Bumbleburg said it's part of the 4-9-5 agreement with the City.

Councilor Windler said to put in buffering?

Mr. Bumbleburg said to put in, yes, the plant screening. I would like to quibble with you on the word "buffer" because under the ordinance a buffer yard is something different than a screening setback.

Mayor Margerum said are there any other questions from the Council?

Councilor O'Callaghan said so, in general it seems to make it better for the neighbors, that it would be more parking, parking that would be safer, parking that would be off the street, and something that we think would be an improvement in the neighborhood.

Councilor Satterly said this staff comments, you are using Exemption E and they say, "If petitioners chose to forego the parking. and instead use Exemption E to attach the 16 foot strip to Lot 16, the remainder of Lot. would not meet the minimum lot width requirements.."

Mr. Bumbleburg said this staff report was written before the legal description was amended to take the front 60 feet off. The original legal description has that whole 16 feet off of the lot. To meet the staff's comment, the front 60 feet was restored back and that makes this lot then totally compliant.

Councilor Satterly said OK.

Mr. Bumbleburg said I believe the Councilor knows that to be true. As the APC rep, you could verify that.

Councilor Mills said that's right. Yes.

Mayor Margerum said any other questions?

There was no further discussion.

Ordinance No. 7-02 passed first and only reading, 6-0.

Ordinance No. 8-02 An Ordinance To Amend The Zoning Ordinance Of Tippecanoe County, Indiana, To Rezone Certain Real Estate From OR To PDNR (Hentschel Complex PD) (Submitted by Area Plan Commission). Councilor Sparby read the ordinance by title only and moved that Ordinance 8-02 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said this is Marianne Owen's.

Ms. Owen [Stuart & Branigin] said good evening. Thank you for your comments earlier about Mr. Branigin. I'm here on behalf of the petitioners, who are the Trustees of Purdue University, Purdue Research Foundation, and Bionalytical Systems. In response to Mr. Satterly's question at your Pre-Council Meeting, I've handed out to you a drawing, which is what was in your packet but it more clearly demarks the lots being created by this proposal, as well as shows you clearly in yellow the common area that is going to now be shared by these property owners, provided that you approve this request. There will be an association created to oversee the maintenance and control of that common area. But, what basically this request is is taking this three building development that was originally created by one entity to serve various affiliated uses and allow it to be used by nonaffiliated uses, essentially, and for the property to be transferred to parties that aren't necessarily joined with one another. As we mentioned at Pre-Council, because this was created by a group of parties that were all tied with one another we had the interesting situation where if you turned off the water in one building you shut it off in a couple and we also had situations where everyone was sharing parking. So, now that we are looking at parties who are not tied with one another and who don't particularly like when someone else turns off their water. We're straightening it all out and the Planned Development process is just the process to do it. Through this we are able to divide the property, as well as deal with the setback issues that are presented under the Unified Zoning Ordinance. So, we have worked with representatives of West Lafayette and the Area Plan Commission staff to create this what we see as a win-win proposition. So, we just request your approval of this. I am here with representatives of all of the petitioners to answer any questions you may have.

Mayor Margerum said what you're asking for is the rezoning of all four pieces?

Ms. Owen said I'm requesting the rezoning of this property from OR to Planned Development, and it's actually a Planned Development Non-Residential.

Councilor O'Callaghan said so, this would facilitate if someone wanted to purchase one of the properties? It would make it cleaner and easier to accomplish, is that correct?

Ms. Owen said absolutely. You find quite often that there are some situations where persons are willing to do this, but more often than not if they are going to put significant improvements on a property and a significant investment, say in a rehabilitation, a renovation, of a building they would want to own it and so this is going to allow just that.

Mayor Margerum said are there any questions from any other Councilors? Are there any questions from the audience?

There was no further discussion.

Ordinance No. 8-02 passed first and only reading, 6-0.

Ordinance No. 9-02 An Additional Appropriation (Police, Lindberg/McCormick Road Improvement Fund) (Prepared by the Clerk-Treasurer). Councilor Sparby read the ordinance in part and moved that Ordinance No. 9-02 be passed on first reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said the purpose of this additional appropriation is for the Police Department to expend a contribution from Subaru-Isuzu for the West Lafayette Police D.A.R.E. program, which we appreciate that very much. Also, the Lindberg/McCormick Road Improvement Fund is to appropriate the INDOT grant reimbursements, which are expected in 2002, and we want to have those available when the bills come due. Are there any questions from the Councilors? Any questions from the audience?

There was no further discussion.

Ordinance No. 9-02 passed first reading, 6-0.

Mayor Margerum said there will have to be a public hearing before we have the final passage.

Resolution No. 5-02 A Resolution Appropriating Code Enforcement Revolving Fund On Hand Resulting From Payment Of Inspection Fees From The West Lafayette Target Area (Submitted by Department of Development). Councilor Sparby read the resolution in part and moved that Resolution No. 5-02 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said this is a standard quarterly resolution to appropriate those funds. Are there any questions?

There was no further discussion.

Resolution No. 5-02 passed first and only reading, 6-0.

Resolution No. 6-02 A Resolution Appropriating Housing Rehabilitation Revolving Loan Funds On Hand Resulting From Repayments Of Loans Previously Made By The West Lafayette Housing Authority (Submitted by Department of Development). Councilor Sparby read the resolution in part and moved that Resolution No. 6-02 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said this, again, is a quarterly appropriation for housing rehab funds. Any questions?

There was no further discussion.

Resolution No. 6-02 passed first and only reading, 6-0.

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ADJOURNMENT:

There being no further business at this time, Councilor Sparby moved for adjournment. Motion was seconded by Councilor Keen and passed viva-voce. The time being 8:29 p.m.

Office of the Clerk-Treasurer Judy Rhodes