Approved April 1, 2002

The Common Council of the City of West Lafayette, Indiana met in the Board of Works Room at City Hall on February 28, 2002 at the hour of 4:30 p.m.

Mayor Margerum called the meeting to order.

PRESENT: MILLS O'CALLAGHAN SATTERLY SPARBY

ABSENT: KEEN WINDLER (arrived at 4:37 p.m.)

Also present were City Attorney Bauman, Police Chief Marvin, Director of Development Andrew, and Human Resources Director Foster.

NEW BUSINESS

Ordinance No. 13-02 An Ordinance Amending Ordinance No. 4-02 Fixing The Biweekly Salaries Of Appointed Officers, Employees And Members Of The Police And Fire Departments Of The City Of West Lafayette, Indiana For The Year 2002 (Prepared by the Clerk-Treasurer).

Mayor Margerum said Diane [Human Resources Director Foster], if you would make the presentation to the Council about the change in salary, the amendment to the salary ordinance 4-02.

Human Resources Director Foster said just to kind of reiterate what was already in the memo that you received. In the way of background, when we conducted the search for the Secretary position in the Department of Development in about April of last year, we were looking to hire someone who would hopefully have the skills and someone who had the initiative to take on more responsibility to offload some of the responsibilities of the staff so they could do other things. That has proven to be the case. She has performed additional responsibilities for just under a year now and the position definitely needs to be upgraded and the salary range is adjusted very similar to the other administrative positions, Office Managers, within the City. Her range was extremely low.

Director of Development Andrew said very low.

Human Resources Director Foster said just a couple of reasons, but we need to get it up on par with the other positions.

Mayor Margerum said are there any questions?

Councilor Sparby said I guess the only question I have, and I'm not squabbling about the change so much, is why it didn't go through the Personnel Committee, which has been our record for doing these things. I know we only have two.

Mayor Margerum said because Arni [Councilor Cohen] is the chair and Gerry Keen couldn't come.

Director of Development Andrew said and Patti [Councilor O'Callaghan] was the only one. We tried to coordinate a meeting, but we just couldn't seem to get it done.

Councilor O'Callaghan said we thought that actually, even as of yesterday, Gerry was going to come to the meeting and we thought we could incorporate the Personnel Committee meeting within here, before or after it. That was our understanding yesterday, that we could do it here.

Human Resources Director Foster said as in the past we've always taken matters like this to the Personnel Committee and it's still our intention from here on out, but unfortunately it didn't work out this time.

Councilor Sparby said of course, I guess there is still an opportunity to do it, since there will be two readings anyway.

Mayor Margerum said are there any other questions then or any more information that is necessary?

There was no further discussion.

UNFINISHED BUSINESS

Ordinance No. 49-01 An Ordinance To Annex Certain Lands To The City Of West Lafayette (Prepared by Stuart & Branigin LLP).

Resolution No. 7-02 A Resolution To Adopt The Written Fiscal Plan For The Annexation Of Certain Lands Into The City Of West Lafayette (Prepared by the City Attorney).

Director of Development Andrew said I had talked with Michelle [White, PRF] today and I got the impression they were ready to go, because they have just had someone purchase the property and the paperwork has not been finalized yet.

Ms. Marianne Owen [Stuart & Branigin] said I don't know what to say.

Director of Development Andrew said she was checking with Ken [Burns, Purdue] to find out the paper work has not been done with the buyer, at least to her knowledge.

Ms. Owen said as far as what?

Director of Development Andrew said selling the property.

Ms. Owen said no, there is a letter of intent that has been executed.

Director of Development Andrew said but there are still some other things they need work on?

Ms. Owen said we still have to go through a final purchase agreement on entering parts of the property. That is in process. With the conversation I had with them earlier today, they would like to proceed with this annexation, but there may be further discussions that need to be held. I would ask that you leave this on your agenda and we may end up requesting a continuance at the actual meeting. But, at this point, I don't have authorization one way or another. The most real direction I have is to have this proceed, if that is suitable to all of you. I'm sorry for the confusion. There's nothing like at the 11^th hour.

Mayor Margerum said OK, well we'll just leave it on there and if we have to have a continuance, we can do that.

Ms. Owen said I'm sorry, the short of the story, as you may have caught from this back and forth, is last month it looked as though we didn't have a buyer but now, in the course of this past month we've continued discussions with that potential buyer that had drawn off the table, and we now have a deal. But, it has to be put into a final purchase agreement. There is, though, a signed letter of intent. But it is a matter of in the coming days to work that out.

Mayor Margerum said and the issue about the right-of-way, has that been resolved?

Director of Development Andrew said that's all part of the details.

Ms. Owen said it's part of the details. I mean, the reality is for the development of this piece of property for a residential use this will need to be subdivided and in that subdivision process there is the distinct requirement of the dedication of any right-of-way. That is required under the thoroughfare plan. So, it's going to happen. It's just a question of timing and Who's on first and What's on second.

Councilor Sparby said are you at liberty to reveal the name yet?

Ms. Owen said no.

City Engineer Snyder said one reason the right-of-way is important, though, is that we are designing Kalberer Road to use a portion of that right-of-way that is not yet dedicated.

Ms. Owen said that is understandable but this property, its future development, I don't understand that they would buy it to just hold it and that is not the discussions we are having currently.

City Engineer Snyder said the subdivision process takes a long time.

Ms. Owen said but it is a sure-fire situation. That's in our subdivision ordinance.

City Attorney Bauman said and either Monday night, or when we get around to this, we will be asking you to move Resolution No. 7-02 before the ordinance.

Ms. Owen said and the reason for that is under the state statute, there is a requirement that you adopt the fiscal plan prior to the final adoption of the annexation ordinance.

Mayor Margerum said well, why don't we just leave it the way it is now and if we have to continue both of those Monday night we will. If we need to move it, then we'll just ask you to change that order when we get around to it.

Clerk-Treasurer Rhodes said I have a question for the City Attorney. We received this amended ordinance to distribute at last Pre-Council and I wanted, if you would kindly review it to make sure that that is the correct legal description at this point, because I understood that that needed to be done prior to adoption.

City Attorney Bauman said OK, I'll check on that.

Ms. Owen said that was the matter I worked with Joanna [Grama] on.

City Attorney Bauman said yes, I think originally it went to the centerline of the road and to make it contiguous, it had to go to the north right-of-way line.

Ms. Owen said correct, and so we provided you with an amended legal description and a revised drawing and so that should be incorporated in that.

There was no further discussion.

Ordinance No. 9-02 An Additional Appropriation (Police, Lindberg/McCormick Road Improvement Fund) (Prepared by the Clerk-Treasurer).

Mayor Margerum said was there any question on the additional appropriation. Dan [Police Chief Marvin] that was the Police?

Police Chief Marvin said that was a donation.

Mayor Margerum said that was the contribution from Subaru-Isuzu for the D.A.R.E. program and the Lindberg/McCormick Road Improvement Fund is to appropriate INDOT grant reimbursements expected in 2002. It's an additional appropriation. We'll need to have a public hearing on that. Any questions on that?

There was no further discussion.

NEW BUSINESS

Ordinance No. 10-02 An Ordinance Of The City Of West Lafayette, Indiana, Appropriating The Proceeds Of The Sale Of Real Estate To The West Lafayette Building Corporation In Connection With The Financing Of A Police Station (Prepared by the City Attorney).

Resolution No. 8-02 A Resolution Finding A Need For The Construction Of A New Police Station And Pledging Economic Development Income Tax Distributions For Lease Payments (Prepared by the City Attorney).

City Attorney Bauman said under State law, when we use a Building Corporation to finance the new police station, the Building Corporation is required to pay the City for the land. The land being sold to the Building Corporation will be a newly created lot running basically through the center of the existing parking lot for the police station. That money then we will be asking to be appropriated. That money is being appropriated, with a public hearing next month, and that is also related then to Resolution No. 8-02, a resolution finding a need for the construction of the police station. The price for that land is basically the same per unit price that we paid for the additional ground over here on the end that we appraised and we close next week.

Mayor Margerum said Dan, did you want to speak to this? This is really the legal end of it, but I think certainly we are anxious to move this ahead so that the building can begin in the spring as early as possible. These are just the legal complications of utilizing the West Lafayette Building Corporation.

City Attorney Bauman said we are out for bids now for the station and those will be received March 19. Hopefully we'll have confirmation then that we can afford this project.

Mayor Margerum said does anybody have any questions about the resolution finding the need? That was a petition that was received by the Board of Works that requested the construction and established the need by petition and then the proceeds of the sale.

There was no further discussion.

Ordinance No. 11-02 An Ordinance Regarding Approval Of A Lease Between The West Lafayette Redevelopment Commission And the West Lafayette Redevelopment Authority (Prepared by the City Attorney).

Mayor Margerum said then Ordinance No. 11-02 is the ordinance regarding approval of the lease between the Redevelopment Corporation and the Redevelopment Authority.

City Attorney Bauman said for that, I have an amendment. For a reason which is still inexplicable, the amount was wrong in the original ordinance that Ice Miller prepared.

Councilor Sparby moved that Ordinance No. 11-02 (Amended) be placed on the agenda by substitution. Motion was seconded by Councilor Satterly and the vote was AYE.

Mayor Margerum said so the only change is the dollar amount?

City Attorney Bauman said yes, and we will have with us Monday night Lucy Emison from Ice Miller and Gary Malone from Umbaugh to explain the financing aspects of it and also a short presentation concerning the substance of the project. I was going to point to the drawing that was here earlier today, but it's gone. This is for a project that involves infrastructure for the new portion of the Purdue Research Park. It will be streets, sidewalks, storm sewers, sanitary sewers. It will also involve some additional segments of greenway which will join together some of that that's already been constructed, in particular a segment through the Research Park and also another segment extending the Cattail Trail down to the Purdue Campus. It will also involve a purchase of land to complete the Celery Bog nature area and some improvements to Cumberland Park that will allow to put some drainage underground so that they will have more area that they can level off and put in ball fields.

Mayor Margerum said you have that map somewhere if anybody wants to look at it afterwards. I've got it in the other room. So, if any of you want to see the details.

City Attorney Bauman said we'll have, not only the financial information, but a short presentation on that Monday night with the details.

Mayor Margerum said I think I read them all together as though they're connected and they aren't. Resolution No. 8-02 is for the police station and No. 11-02 is for the Kalberer/Cumberland/ Blackbird Economic Development area.

City Attorney Bauman said the initial approval for that was done today by the Redevelopment Commission as well.

Councilor O'Callaghan said back to the police station, do we have to move the Resolution No. 8-02 up like we had for the other one?

City Attorney Bauman said no, we don't. That resolution, the importance of that is that you are pledging the Economic Development Income Tax. There will be a property tax backup but the Economic Development Income Tax should be more than sufficient to make those payments and so we'll tighten our belts on some other things but that will pay for the police station without any tax increase.

Mayor Margerum said I've mixed them up. Resolution No. 8-02 and Ordinance No. 10-02 are the police station, and 11-02 is the KCB. Any other questions? I said that we've got the map and some of the background material that was presented to the Redevelopment Commission this noon, so if Brad [Windler], Barb [Sparby] want to look at it, we've got it here.

There was no further discussion.

Ordinance No. 12-02 An Ordinance Adopting A Revised Deferred Compensation Plan For The City Of West Lafayette (Prepared by the Clerk-Treasurer).

Clerk-Treasurer Rhodes said the City participates in the Indiana Deferred Compensation Plan and we have been requested to re-adopt the plan as revised with the Trust documents and Adoption Agreement so that we can be on board with the changes that have occurred to modernize the plan under the new federal tax rules. Among these changes are increasing the maximum deferrals and the ability to roll assets in and out of the plan. An additional advantage is that, under the adoption agreement, we have more flexibility than has been available in the past and we may, from time to time as we deem appropriate, change certain portions of our participation in the plan, specifically that relating to employer matches to employee contributions. Our proposal is to make no changes to the Adoption Agreement over what we have currently, but to adopt the revised documents and then review that plan with the Human Resources Director and Mayor and Personnel Committee as we can this year, if any changes are deemed appropriate.

Mayor Margerum said are there any questions about that? You all have it with you so you can go home and read it over the weekend.

Clerk-Treasurer Rhodes said I want to remind you that elected officials have been and continue to be eligible to participate in the deferred comp plan.

There was no further discussion.

Resolution No. 9-02 A Resolution Requesting The Transfer Of Funds (City Hall, EDIT) (Prepared by the Clerk-Treasurer).

Clerk-Treasurer Rhodes said I believe that we need to have an amendment. We've been requested to submit an amended resolution on behalf of the Street Department and I would ask for a motion to amend by substitution.

So moved Councilor Sparby. Motion was seconded by Councilor O'Callaghan and the vote was AYE.

Mayor Margerum said the first transfer is for $5,103 from the City Hall fund for a variety of things. Three of these, almost all of them, for computer issues, troubleshooting problems, for a computer table for my office and a second computer in the conference room, and a firewall at Morton so they can communicate with the Parks server in City Hall. The second is for the Street Department and there is the section of the west wall that needs to be replaced with a four-foot wall.

City Attorney Bauman said this is the angle iron fastened to the foundation. So, it needed some replacement.

Councilor Sparby said a little Rustoleum on it would take care of that.

City Attorney Bauman said what they were going to do is install sheeting about four feet up and order a new four foot high wall there to get the sheet metal off the floor where the water was going to make it rust.

Mayor Margerum said and then the other part of that was to install a shelter to cover the newspaper and oil that is dropped off at the recycling center and that would shield the paper from the rain so that they can sell it. Otherwise, when it gets wet they have to throw it away.

Councilor O'Callaghan and it looks really nice.

Councilor Satterly said it goes to Smurfit.

Mayor Margerum said yes, it goes to Smurfit. They don't throw it away.

City Attorney Bauman said but they can't get payment for it.

Mayor Margerum said yes, right. Economic Development Income Tax Fund and this is for EDIT road improvements. This is some additional required work at Wabash Landing on the City side. Are there any questions or comments on those transfers?

There was no further discussion.

COMMUNICATIONS

Adjournment

There being no further business at this time, Councilor Sparby moved for adjournment. Motion was seconded by Councilor O'Callaghan and the vote was AYE, the time being 4:58 p.m.

Office of the Clerk-Treasurer Judy Rhodes