Approved May 6, 2002

The Common Council of the City of West Lafayette, Indiana met in the Council Chambers at City Hall on April 1, 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, Director of Development Andrew, and Fire Chief Ford.

The Pledge of Allegiance was repeated.

MINUTES

Councilor Sparby moved to approve the minutes of the February 28, 2002 Pre-Council Meeting and the March 4, 2002 Common Council Meeting as distributed. Motion was seconded by Councilor Satterly and passed viva-voce.

Mayor Margerum said before we begin our regular meeting, we have a very special occasion to celebrate. So, I would like to first call on Chief Ron Ford, who will give the description.

Fire Chief Ford said Mayor, Council Members, thank you for the opportunity. On December 16, 2001, we received a dispatch to MCL for an unresponsive person. The crew that responded discovered they had a female that was in cardiac arrest. At that time, CPR was started and the heart defib was connected and the defib advised to give a shock. After the first shock, the defib detected a heartbeat rhythm and advised no further shock was needed. At that period of time, the paramedics from the Tippecanoe County Ambulance Service arrived and took over the scene and transported the victim. Also, I have received certificates from Marquette Medical to present to the three firefighters that were involved and it is great that we have the individual here that received the shock of life. This is Carolyn Saylor.

Ms. Saylor said thank you. [Applause.] I would just like to say a special thank you and what a blessing to be able to do work that really saves lives.

Mayor Margerum said thank you so much for coming. We're glad you were able to be here.

Ms. Saylor said me too.

Mayor Margerum said I know your husband is, also.

Mr. Saylor said very much so.

Fire Chief Ford said would Greg Booth, Terry Jones, and Bruce Sigman step forward?

Mayor Margerum said this certificate is to certify that Terry Jones, Greg Booth, and Bruce Sigman have saved a life by cardiac resuscitation and the awarding of this certificate is an acknowledgement and recognition of those individuals whose actions have saved a persons life by early defibrillation. I would like, on behalf of the City and Ms. Saylor, to thank you and also to thank you for all of the other things you do during the year that you don't always get certificates for. So, it gives me great pleasure to award this certificate to you.

[Applause.]

Fire Chief Ford said we also have the meds that were on the incident here, too, tonight. If anybody would like to say a word, they certainly can.

Elmo Robledo introduced himself and his partner Jo Wood and said the piece of equipment they have here just shows the need for that. It's early defibrillation and the more of those that are out in the community, the more likely we are able to have this.

Mayor Margerum said thank you very much for your response. It isn't often that we get an occasion like this so I think it's something really worth celebrating. Thank you all for being here and the families of the firefighters also. Thank you. We'll be glad to have you stay but I know some of you have to leave because you're on duty.

COMMITTEE STANDING REPORTS

Street and Sanitation: Councilor Satterly presented this report.

The Street Commissioner in his report says that the last snow of the winter season was March 25, 26, and 27. I shouldn't say where he has gone, but I understand he has gone to Florida for a couple days. The construction of the east wing of the Street Department is complete except for the exterior. The Rose Street curb/sidewalk renovation is to start the week of April 8, 2002, weather permitting. The Street Resurfacing project for 2002 has been let to Milestone Construction. The work is to be completed before August 15, 2002. Approximately 3.1 miles of roads will be resurfaced, the cost, about $240,000. An IDEM grant award was received by the Department. It's a matching 50/50 grant to purchase a $60,000 material screener. The screener will be used to separate trash from the sand and gravel that is picked up by the street sweeper. When this is purchased, it will save the City landfill costs. Another item, over 70 toters have been passed out to volunteers who will evaluate a possible change to standardized waste carts for the City. This program is an effort to increase recycling. The program will start April 1, 2002 and will run for 12 weeks. That completes the report from the Street Department.

Mayor Margerum said I would like to add, then, at the end of that we'll have those reports available and then make a decision whether to go Citywide. But, this was the recommendation of the Recycling Committee that we move in this direction.

Councilor Satterly said that's correct.

Planning and Zoning: No report.

Public Safety: Councilor Keen presented this report.

For the month of March, the West Lafayette Fire Department handled 82 calls, which was down slightly from last year at this time. During that same time, the West Lafayette Police Department handled 1,479, which was down about 10%. We received news last Thursday that the City has received approval from the State Board of Tax Commissioners to continue with the financing of police facility, so that was good news.

Mayor Margerum said and also for the PRF and the greenways project, also.

Purdue Relations: Councilor Windler presented this report.

The only thing I have to report at this time is that, after this meeting I will be attending another meeting with the Purdue Off-campus Student Coalition and any of the other Councilors who would like to attend are more than welcome. It's at the Village Coffeehouse and they actually start at 8:00. I told them I was going to be a little late.

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

The Park Board met on March 18, so that meant that they had some Irish soda bread. They are getting ready for spring and summer. The Lilly Nature Center newsletter has been prepared. They've also been in communication with the school corporation about a pool project to coordinate their schedules and minimize any impact but still get the project done before the pool opens. Registration for summer programs will be begin at the end of April. They're also working with the school corporation on an agreement regarding the use of facilities and certainly the Board was pleased with our action on the greenway project and that we will be talking about some more later tonight. I might also mention that there are some weekend workdays scheduled, so if anybody is interested in volunteering, they can call Brian Tunis in the Parks Department. Those dates are April 6, April 13, and April 20.

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

The Redevelopment Commission met on March 20. I wasn't able to attend that, but they are continuing to work on the project, the greenways and PRF infrastructure project, and also from the Department of Development, I'd mention that the Community Development Block Grant process has been completed in terms of the public participation and we're doing a resolution about that application tonight. Maybe next month, we'll have a report on the whole project when we do the budget.

PERSONNEL: No report.

BUDGET AND FINANCE: No report.

WASTEWATER TREATMENT UTILITY: Councilor Satterly presented this report.

For the month of March, the effluent from the sewage treatment plant was well below the maximums allowed and as far as the Utility and Collection System Overflow, 98.84% was treated in the plant. There was some overflow during storms. The Department cleaned over 12,000 feet of sewer in the month and over 9,000 feet of sewer was televised.

REPORT OF APC REPRESENTATIVE: No report.

REPORTS OF SPECIAL COMMITTEES:

PUBLIC RELATIONS:

Councilor Mills said I will mention one thing, tomorrow night is the final meeting of the semester for the Community Issue Study Committee. That will be at 7:00 in McCutcheon Hall on the Purdue Campus, in the north activity room, and it's where we'll be discussing what we've done this year, and the future goals of the Committee, and President Jischke and Mayor Margerum will be joining us. So, it's open to the public. We hope anybody that's interested with attend.

Mayor Margerum said has that been changed from Morton, or has it always been at McCutcheon?

Councilor O'Callaghan said no, it's always been at McCutcheon, at the north activity room.

Mayor Margerum said I want to thank Jan [Councilor Mills] for all of the work that she's done this year and Vice President Robinson. I think it really has been an important and continuing activity, and continue to work in that direction.

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. 10-02 (Amended) 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) PUBLIC HEARING. Councilor Sparby read the ordinance by title only and moved that Ordinance No. 10-02 (Amended) be passed on second and final reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said at this time I would like to call a public hearing on the sale of real estate to the West Lafayette Building Corporation, in conjunction with the financing of the police station. I think you've heard the explanation of this several times. This is the way the State of Indiana requires that this be accomplished, by actually selling the real estate to the Building Corporation and that is put back into the cost of the building. Is there anyone who wants to speak on this issue? Hearing none, I'll close the public hearing and is there any discussion from the Council as to Ordinance No. 10-02?

There was no further discussion.

Ordinance No. 10-02 (Amended) passed second and final reading, 6-0.

Mayor Margerum said I believe that within two to three weeks, those bids will be accepted. Is that correct, Mr. Gall? At that point then, the process will begin in terms of getting ready to start construction in May or June?

Mr. Tom Gall [T.J. Gall & Associates] said bids were received last week for the police station and they are within the budgets. They are being reviewed by RQAW Corporation and we expect to accept the low bid within the next two weeks. At which point, if the financing is proceeding, we expect to begin before the end of April.

Mayor Margerum said very good, I would like to thank you. I know the Police are very happy with the work that you've done and RQAW and I think the community will be happy with the final results.

Ordinance No. 11-02 (Amended) An Ordinance Regarding Approval Of A Lease Between The West Lafayette Redevelopment Commission And the West Lafayette Redevelopment Authority (Prepared by the City Attorney). Councilor Sparby read the ordinance by title only and moved that Ordinance No. 11-02 (Amended) be passed on second and final reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said this relates to the PRF greenway project and this is the lease between the Redevelopment Commission and the Redevelopment Authority. Are there any questions about this?

There was no further discussion.

Ordinance No. 11-02 (Amended) passed second and final reading, 6-0.

Mayor Margerum said and this will be proceeding this summer, also.

NEW BUSINESS

Ordinance No. 14-02 An Ordinance Amending Chapter __ Of Ordinance No. 32-97 Being The Unified Zoning Ordinance Of Tippecanoe County (UZO Amendment 28) (Submitted by Area Plan Commission). Councilor Sparby read the ordinance by title only and moved that Ordinance No. 14-02 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said I would like to ask Councilor Mills if she would explain what an integrated center is?

Councilor Mills said I will. This is an amendment to NUZO that came about because there were problems determining signage for strip center developments and the administrative officers of all of the jurisdictions in the County wanted a little bit of help in determining signage. So, as it stands now, the signage is determined by the type of business in a strip mall, or what is now considered an integrated center, not by the type of building and APC staff has rewritten it so that an integrated center will now represent the style of construction with unique signage needs. So, instead of being part retail, there are cases where a lot of it is businesses such as accountants, or banks, and that has a different type of signage from the regular retail and they want to take that into consideration. So, it's basically just rewriting the definition of integrated center and, at the same time, clarifying the definition of office building, because those will change a bit now.

Mayor Margerum said thank you. Any other questions?

There was no further discussion.

Ordinance No. 14-02 passed first and only reading, 6-0.

Resolution No. 10-02 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). Councilor Sparby read the resolution by title only and moved that Resolution No. 10-02 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said the hearings, as Councilor O'Callaghan mentioned, have been held. Recommendations have been reviewed by the Department and this resolution will authorize me to file the application and then next month we'll have the budget and the final disposition of that grant. Are there any questions?

There was no further discussion.

Resolution No. 10-02 passed first and only reading, 6-0.

Resolution No. 11-02 A Resolution Requesting The Transfer Of Funds (Engineering, Sanitation, CDBG, EDIT) (Prepared by the Clerk-Treasurer). Councilor Sparby read the resolution in part and moved that Resolution No. 11-02 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said I think the Engineering Department needs a new chair and the General Fund Sanitation is for part-time employees, the Development from Code Enforcement to Code Revolving Fund, as Councilor Sparby mentioned, an additional purchase of properties and additional rehabilitation, and then EDIT from Debt Service and Land Acquisition to EDIT, Park Improvements. I thought maybe this one needed a little more explanation. This Land Acquisition was for the estimated cost for the land for Tapawingo South, and we felt that because of the loss, or presumed loss, of Build Indiana funds, which we had been counting on for the Riverside Ice Rink that we could at this time transfer some of that money into this to meet the needs, because this is already out on bids and we need to complete that process. So, I would like to ask Mr. Gall if he would sort of review where we are with the ice skating rink and how this would be financed.

Mr. Tom Gall [T.J. Gall & Associates] said thank you. Bids were also received for the ice skating rink on the 19^th and they also came in within budget. We are ready to recommend the acceptance of the bids for the building itself and for the rink and proceed with that work also by, we hope, prior to the beginning of May. You see the boards over here. There's one bid for the rink itself, which is the actual physical rink and the equipment that runs the rink that's inside of the building. The second bid is for the building, all the surrounding concrete, and the steps up to Myer Bridge so that there is pedestrian access down the bridge, around and into the building, and for the trail. The trail has been torn up to do the surcharge. The trail will be put back together and this plan doesn't show it, but the trail does come up and attach to the rink so that it all is continuous. You can walk on the bridge, down the bridge, and get access to the trails. The surcharge has been in place. We are told by the soil engineers that it is ready to accept the rink and we are ready to build it.

Mayor Margerum said we've had a very active Parks Foundation group and Riverside Ice Rink Committee, which has raised, I believe, between $200,000 and $300,000 in donated funds plus a variety of other funding sources. So, this will enable us then to accept that bid, and it doesn't look as if we will be harming that Tapawingo South project at all because at the time that was estimated we weren't sure what the cost of that land would be. I think this transfer would be prudent and certainly timely. Are there any questions? I ought to mention that this one amount was transferred from, what was it $183,400, was a reimbursement from the DNR that has to go back into the EDIT Fund. So, that $183,000 is a reimbursement from DNR. Are there any questions?

Councilor Keen said Madam Mayor, I did have one question, and I was going to direct to Director Payne [Parks Superintendent], but he's not here. I thought maybe Tom [Gall], you might be able to answer the question. You had said in your statement that the bids came within budget. Could you give a little more detail as far as what the budget is, specifically in dollar amounts?

Mr. Gall said the budget for the general contract is $878,000 and that is for the building and surrounding concrete, and site improvements, and the budget for the rink is $420,925. Those are the bid amounts, the contract amounts. There are rink lights, flooring, and some other items still yet to bid and priced, but we did not price them as part of that package.

Councilor Keen said maybe you can answer my other question then. At Pre-Council, Director Payne had indicated, and I think you just alluded to it, that there has already been donations of a little over $200,000, or $210,000 I think is what Superintendent Payne had indicated, in private funds. This transfer, if I'm reading it right, would give us another, almost $600,000. Where is the rest of the money expected to come from, what budgetary sources?

Mr. Gall said I don't have that information, about how Joe [Parks Superintendent Payne] had budgeted, balanced, the rest of the project.

Mayor Margerum said yes, well, it's from a variety of sources. If you want to wait just a minute, I can get that. I have it in my office. I didn't know you were going to ask where it all came from.

Councilor Keen said I'm sorry.

Mayor Margerum said why don't you go ahead, Tom.

Councilor Mills said I have a quick question. Bob [City Attorney Bauman], you can probably answer this. This reimbursement from the DNR, those were EDIT funds that were used and they're specifically to go back into the EDIT Fund from DNR?

City Attorney Bauman said yes.

Councilor Mills said OK, thank you.

Mayor Margerum said there have been private funds donated. Well, Rob and Ellie McDonald were really the originators of this. They made the initial contribution of $100,000. The Greater Lafayette Community Foundation and some of these are pledges from various companies, Lafayette Savings Bank, Eli Lilly, PEFCU, a Brownie troop, DNR, there's a reimbursable grant, a Build Indiana reimbursable grant, EDIT funds, the Park Board Wabash Fund, several other private contributions of various sorts. That's basically it. There has quite a number of private contributions and the Committee is continuing to solicit private donations and there have been some very generous ones. So, we expect some of the other amenities will then come from private contributions.

Councilor Keen said you'd mentioned also the Build Indiana Fund. How much?

Mayor Margerum said we've received $100,000 through Representative Scholer and the $300,000 from Senator Alting and Representative Klinker, or they have requested it. They're the ones that were appropriated but not funded.

Councilor Keen said so those will not be funded then?

Mayor Margerum said no, not unless there's a dramatic change.

Councilor Keen said OK. I guess my bottom line question then is what are we going to do about the balance of the financing for this. Are we just going to continue to solicit for private donations or are we going to continue.?

Mayor Margerum said no, the dollars that I just described to you, with this transfer, will pay for the bids that we received.

Councilor Keen said so, that would give us the cash in hand and the appropriation to do this?

Mayor Margerum said yes, right.

Councilor Keen said OK.

Councilor O'Callaghan said up to $1.3 million.

Mayor Margerum said well maybe things like benches and flowers and things of that sort will come later on. But, no, this would be sufficient to cover the cost of the bid.

Councilor Keen said I just wanted to make sure we had enough cash on hand and what not to accept the bid.

Mayor Margerum said oh yes, we can't accept the bids unless we have cash on hand.

Councilor Keen said that's what I mean. That's where I was getting to.

Mayor Margerum said yes, that's right.

Councilor O'Callaghan said and the EDIT Fund seems a very appropriate place for it. Since it is economic development, this is the kind of thing amenities that encourage people to come. The area could use a skating rink and the EDIT funds need to be used in a timely fashion so I think it's a real appropriate use for those funds.

Mayor Margerum said are there any other questions?

There was no further discussion.

Resolution No. 11-02 passed first and only reading, 6-0.

Mayor Margerum said OK, we've got some exciting things coming up this summer.

COMMUNICATIONS

Councilor O'Callaghan said April is Child Abuse Prevention month. Mayors and the Commissioners will do a proclamation next Thursday, April 11, at noon, at the Courthouse.

Mayor Margerum said thank you for your efforts in that area.

CITIZEN COMMENTS

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 8:02 p.m.

Office of the Clerk-Treasurer Judy Rhodes