The Common Council of the City of West Lafayette, Indiana met in the Board of Works Room at City Hall on March 30, 2000 at the hour of 4:30 p.m.

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

PRESENT: Cohen Mills O'Callaghan Satterly Sparby Windler

ABSENT: Keen

Also present were City Attorney Bauman, City Engineer Snyder, WWTU Director Darter, and Police Chief Marvin.

Ordinance No. 15-99 (Third Amended) An Ordinance to Annex Certain Lands Into the City of West Lafayette (Greenwalt) (Prepared by the City Attorney)

Mayor Margerum said we will complete the ordinances to annex Greenwalt and the Calvary Baptist Church. Is there any comment on that? Are you here for either of those [referring to Cheryl Knodle of the Ball, Eggleston, Bumbleburg, McBride, Walkey & Stapleton law firm]?

Ms. Knodle said I'm just here to listen to the comments and if there's anything that needs to be done, we'll get it done.

Mayor Margerum said OK.

City Engineer Snyder said the County already issued the building permit for Calvary Baptist Church. The builders are going to be requesting the one for Greenwalt, either from them [County] or from us. Has it been determined exactly when we would be the authorized jurisdiction, as opposed to the County? I don't care, but Ron Highland and I would decide based on when they ask for the permit and when it's really annexed. Does it become affective 60 days after the final passage?

City Attorney Bauman said 60 days publication after the final passage.

Mayor Margerum said 60 days off.

City Engineer Snyder said they will be getting a permit from the County.

Mayor Margerum said you might ask if you could review it also.

City Engineer Snyder said we get to see it, of course.

Mayor Margerum said but it would officially come from the County.

City Engineer Snyder said they agreed we could check off on drainage plans, setbacks, and everything, but they will issue the permit because I know they will want it before 60 days .

There was no further discussion.

Ordinance No. 27-99 An Ordinance to Annex Certain Lands Into the City of West Lafayette (Calvary Baptist Church) (Prepared by the City Attorney)

There was no further discussion.

Ordinance 7-00 An Ordinance to Establish Certain Fees for the Copying of Records and Other Services (Prepared by the City Attorney)

Mayor Margerum said does anybody have any thoughts, complaints, concerns over that?

There was no further discussion.

Ordinance No. 8-00 An Additional Appropriation (Fire Department) (Prepared by the Clerk-Treasurer)

Fire Chief Ford said what this is is money that we receive from companies outside of donations for the education programs. This will be to purchase handout materials for the schools. I think it goes from kindergarten through fourth grade. Coloring books, pens, this kind of stuff. This is just to plug it in the account.

Mayor Margerum said it is nice to give recognition to those who have contributed to the material. We thank them for that.

There was no further discussion.

Ordinance No. 9-00 An Ordinance Amending Chapters 1, 3, and 4 of Ordinance No. 32-97 Being the Unified Zoning Ordinance of Tippecanoe County (Submitted by the Area Plan Commission)

Councilor Mills said this is just amending setbacks for accessory uses, distinctions between kennels, breeding kennels, and boarding kennels. This passed the APC 12-0.

Mayor Margerum said and swimming pools, too.

Councilor Satterly said you really don't have to understand everything.

Councilor Mills said it's setbacks. They are just changing lines on properties, pretty much.

Councilor Sparby said I think most of this just affects the County and not the City anyway. Is that correct?

Councilor Mills said yes.

City Engineer Snyder said the accessory uses does affect the City. They better define the accessory uses, accessory structures, and accessory buildings. It better defines the setbacks, whether they are required or not required, than what that setback actually is. So it's a lot of little detail that has come up, needed because of conflicts over certain accessory uses. It clarifies what that is.

Mayor Margerum said especially things like porches, decks, and patios, I know, have been, from time to time, a question of what kind of setbacks they need. Dog houses and fences and hedges.

There was no further comment.

Ordinance No. 10-00 An Ordinance to Set Wastewater Treatment Utility Rates (Prepared by the City Attorney)

Mayor Margerum said I gave you some additional material that we received. It has to do with the recalculation of the payment in lieu of taxes. It was a question of when the property was transferred from construction in progress into fixed assets. Then it becomes a liability once it is in fixed assets.

Clerk-Treasurer Rhodes said the change in the calculation has been to account for what is likely to be the fixed assets of the Utility, which are then calculated back as assessed value for taxation purposes. This calculation, including the PTRC, and using a tax rate increase which is the average since reassessment in 1996. This is a better estimate of what the payment in lieu of taxes will be. It affects, then, the projected cash operating expenses. The first schedule you see is a corrected operating expense schedule. Then on the last page, you will see that number is carried over under revenue. It says the adjusted operating expenses. But, as we also noted earlier, there has been an adjustment made on the revenue side because the cash balances will be affected a bit by this so there has been an adjustment in the interest income evidently made by Gary Malone. So at the bottom of this second schedule, you will see that the debt service coverage is going to be affected because, in effect, we reduced the revenues a bit, increased the cash operating expenses, and that is why we brought the debt service coverage down a bit at the bottom compared to the original schedule you had.

Mayor Margerum said so, if you would substitute these two pages for the ones that you had before. As Judy said, the main effect is to bring the debt service coverage, which as you know is 125% is what is required by our bond ordinance, so in the year 2002 and 2003 it just barely makes that. So that was the upshot of that.

WWTU Director Darter said Councilor Satterly asked me to have Umbaugh do a couple of projections. These projections, as you can see, are two scenarios. One of the scenarios is that the revenues strains stays as it was in 1999. The higher revenue strain. Then the second scenario is the scenario of revenue that we saw in 1998. Both scenarios then have in it that we are going to keep the debt service as close to 125% as possible, and that we would have a positive cash balance. So in the green, under scenario 1, where we show the higher levels of revenue, you would see that in July of 2000 there would be no increase, in July of 2001 there would be no increase, in January 1, 2002 it would be a 12.7% increase and January 1, 2003 it would be 4.9%. As you see we are trying to stay with the assumption of staying as close to 125% as possible. That is with the additional revenues that we recognized in 1999.

Councilor Satterly said that is with the 30% increase in flow from Purdue?

WWTU Director Darter said that is correct. Page 4 of this, then, is scenario 2 where we look at if that was not, to show that the revenues are more realistic as 1998 was shown. Then under scenario 2, what you would have in July, 2000 is a 2.5% increase; January 1, 2001 an 11% increase; January 1, 2002 a 13% increase; and January 1, 2003, a 14.5% increase. Again, you see that we are staying as close as we can to the 125%.

Clerk-Treasurer Rhodes said Mike, can you explain why the projected cash operating expenses are different than on previous reports?

WWTU Director Darter said I believe that they have used these numbers that were reflected. I asked if these numbers that we have in these scenarios reflected what you received today, and he said that they incorporated those numbers.

Clerk-Treasurer Rhodes said they do not. They are different numbers. So yes, we want to coordinate. I did not know Councilor Satterly had requested scenarios to be run. As you heard from the Council meeting last time, they noted they were going to be running the in lieu of taxes and, I think, what may have happened is an intermediate in lieu of taxes calculation has been plugged into the final report here.

WWTU Director Darter said again, I would have to say then, that these increases would more than likely be higher than what are shown here, because of the new figures that were provided today. But, in any sense, either scenario, you've got scenario 1 if you looked at the increases, you would have something on the line of 17.6% through 2003. Scenario 2 would be much higher than that. The ordinance is requesting 5% over the next three years.

Clerk-Treasurer Rhodes said actually Mike, the operating expenses and the fee schedule have it greater than those, that would be calculated based on the payment in lieu of taxes, I really don't know what's happened here.

Mayor Margerum said but I think the point being, is that they would be much, much higher and they would go, if you had the first year zero, then they would go up a greater amount than if you would just set 5% a year and that, I think, is the basic thing that they would show. Gil [Council Satterly] did you have anything?

Councilor Satterly said no, I just wanted to see what it would look like.

Mayor Margerum said I think that was a good suggestion. I think that it was expressed before that having a lower level over a longer period of time than having big changes, where you would have 12 and 15 and then zero, is usually preferably because people can budget a little bit better that way and plan ahead than to have it fluctuate.

Councilor O'Callaghan said then also, having the 5% would account for, in 2000, that we if had to account for Purdue's decreasing, going back to 1998 levels, it would cover that, because it is only 2.5%. So even the 5% that is being requested would cover that since you don't know if that is going to happen. So that is a good safety net to know that.

Councilor Cohen said this early in the year Mike, do you notice any difference in the Purdue volume?

WWTU Director Darter said currently, we haven't seen any differences from 1999 to 2000. The billings are running normally, the same as they were in 1999.

Councilor Sparby said I guess I still have a lot of concerns over what we're looking at, but given the fact we were just given this information, I want time to study it over the weekend.

WWTU Director Darter said well, I got it to you as soon as I could.

Councilor Sparby said this is dated two days ago, isn't it?

WWTU Director Darter said I've been on vacation, Barb.

Mayor Margerum said and we all just received it. The reading on Monday night is the first reading. You have another full month to really review it. So you have plenty of time.

Resolution No. 7-00 A Resolution Requesting the Transfer of Funds (Clerk-Treasurer) (Prepared by the Clerk-Treasurer)

Mayor Margerum said the next one is the transfer of funds. The Clerk-Treasurer wants to transfer $111.00.

Clerk-Treasurer Rhodes said I'm asking for this to pay for the gross income tax. It varies year to year.

Resolution No. 8-00 A Resolution Authorizing the Filing of an Application With the U.S. Department Of Housing and Urban Development, for Community Development Block Grant Funds, as Provided in Title I of the Community Development Act of 1974, as Amended (Submitted by Department of Development)

Mayor Margerum said this is the resolution to authorizing the filing of an application from HUD for Community Development Block Grant Funds. We had a meeting on Tuesday night in which Allen Grady presented the five-year plan. I asked him if he would come back on Monday and give you a review of that. He said he would do it in a briefer form. This is the coordinated housing plan that has been put together with Lafayette and then the five-year plan and the one-year plan for the Community Development Block Grant. Then next month you will be getting the final budget. But this is just to authorize the filing.

Councilor Mills said will he bring us copies like he did on Tuesday night for everyone?

Mayor Margerum said yes, for those who weren't at the meeting.

Councilor Mills said that's very good.

Councilor O'Callaghan said they were helpful.

Mayor Margerum said the amount of money this year is $505,000. That supports the code enforcement program, as you know, social services, and then money that will be a grant to the New Chauncey Housing Corporation for the purchase of houses to rehab and then resell to qualified buyers.

Councilor Satterly said is he looking at hiring other inspectors?

Mayor Margerum said yes, he is. I don't know, it isn't in, whether it will be. I don't think it was included in the code enforcement, so it would probably be in the regular budget. We do need that.

Councilor Cohen said if we wanted to do that sooner than later, what is the possibility?

Mayor Margerum said the inspector? [Councilor Cohen indicated yes] We would have to do an additional appropriation.

City Attorney Bauman said and amend the salary ordinance. Both of those can be done.

Councilor Satterly said is there money available to do that?

Mayor Margerum said there is unappropriated balance and we need to . . .

Councilor Satterly said it might be worthwhile.

Mayor Margerum said yes, before fall starts. Well, I know that they are falling behind because of the large number of rental properties. So I think that is a reasonable request. We need to look at that then and see if we can do it sooner rather than later.

Councilor Mills said is Angie [Fisher] spending part of her time doing code enforcement?

Mayor Margerum said she is spending all of her time on it. But the number of nuisances has grown tremendously, as well as, the code enforcement. That was one of the recommendations out of that New Chauncey Housing Plan.

There was no further discussion.

Resolution No. 9-00 A Joint Resolution That the Tippecanoe County Area Plan Commission Authorize Its Staff to Prepare a Land Use Plan for Wabash Township Adjacent to the City Of West Lafayette (Submitted by the Mayor)

Mayor Margerum said I've had several conversations with the County Commissioners, as well as, the Area Plan Director. If you remember, I think, Barb, you were on the Council, when we asked for this about five or six years ago. Were you? Judy was, maybe.

Clerk-Treasurer Rhodes said 1992.

Mayor Margerum said at that time the Area Plan staffing was such that they didn't want to and the County Commissioners didn't want to at that time because they were engaged in doing something else. So this has also been a very important part of our strategic plan. If you remember, in the last plan, we did talk about working together with Wabash Township. Considering the number of requests we are getting for annexation, there are some large annexations which will be coming up, that 160 acres north of Kalberer and the number of zoning requests in Wabash Township. Both the County Commissioners and the City of West Lafayette would like to have the staff prepare a land use plan. Now this would be very much involved with public participation, very similar to what they've done in Lafayette in looking at neighborhoods where you've got a number of zoning categories, trying to put those together and develop a land use plan for the area. So they would conduct the meetings and then, there would be several meetings within the township, and it probably would not take place before fall because of their present work load. It would need to include the elected, appointed, and the local planning groups in Wabash Township. Focus on the Future has been a very active planning group. A number of people in that organization would like to see some kind of a study, too, especially with the SR 231 extension. The State has an environmental impact statement that they should award that grant sometime, not a grant, but the contract for that. They've had it out on a request for proposals, so it seems to be the right time to do it with all these other activities.

Councilor O'Callaghan said and it wouldn't cost us anything. It's the APC staff that does it.

Mayor Margerum said yes, that's right. It would be APC. We are part of the Area Plan Commission. So this would be staffed by them. Now we certainly would work with them and help them get information together and all that. We certainly want full participation by West Lafayette, as well as, Wabash Township and the County residents, because this is very important for the growth of the City and for Wabash Township. I think it is time that we do it before there are more rezonings and to develop, then, a set of criteria so that both the County and the City will have a set of criteria so that we will know what should be the guidelines for annexation, for rezonings, for the new roadway, sewer improvements, and all those things.

Councilor Mills said there are three or four more rezones that will come in the next couple months at Area Plan west of town.

Councilor Sparby said unfortunately a lot of the rezones that are surrounding us are areas that we probably would not want to annex because they are high-density housing areas, which really don't offer the City a lot of positive things to bring them in.

Mayor Margerum said but if they are adjacent to the City or in the City then you would have some opportunity to have a planned development or something else that might be less dense. It would be better planned.

Councilor Sparby said I'm just saying some of them are already done. That's the unfortunate part.

Mayor Margerum said that's right. It should have been done seven, five years ago, when we first requested it, that would have been the appropriate time to do it. But anyway, we will move ahead with it and the County Commissioners will be passing the same resolution as this. I've checked with them and that was agreeable to them. I have talked to all of them. They were in agreement with it.

There was no further disucssion.

There being no further business at this time, Councilor Sparby moved for adjournment. Motion was seconded by Councilor O'Callaghan, the time being 4:52 p.m.

Office of the Clerk-TreasurerJudy Rhodes