The Common Council of the City of West Lafayette, Indiana met in the Council Chambers at City Hall on July 10, 2000 at the hour of 7:30 PM.

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

The Pledge of Allegiance was repeated.

Clerk-Treasurer Rhodes called the roll:

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

ALSO PRESENT: City Attorney Bauman, Fire Chief Ford, WWTU Director Darter, Parks Superintendent Payne, Deputy Police Chief Leroux, Human Resources Coordinator Foster, and City Engineer Snyder.

Councilor Sparby moved to approve the minutes of the June 1, 2000 Pre-Council Meeting and the June 5, 2000 Common Council Meeting as distributed. Motion was seconded by Councilor Keen and passed viva-voce.

Street and Sanitation: Councilor Satterly presented this report.

Street closings during construction were reviewed.

Planning and Zoning: Councilor Mills gave this report.

Councilor Mills said letters will go out on Wednesday from the Area Plan office to all homeowners, property owners in the New Chauncey Neighborhood Association concerning the rezoning of that neighborhood, of that district. The letters will include a map of the current zoning and inform property owners that the proposal from the New Chauncey Neighborhood Association will go before the Ordinance Committee of the Area Plan on July 25 at 4:30 p.m. in the Tippecanoe Room of the County Office Building. This will be the first opportunity for every property owner outside of the planning stage, to speak before the Area Plan Commission on their feelings of rezoning of the neighborhood. This will be the first opportunity. There will be a second meeting before the Ordinance Committee which will probably be the following week. Then the Area Plan Commission staff will actually present their own proposal based on what the Neighborhood Association has proposed and public input at the first meeting. Then it will go before the full Area Plan Commission to be voted on. Then it will come to us, the City Council. So all of the property owners in that area have at least four opportunities to have input into the process of the rezoning.

Public Safety: Councilor Keen presented this report.

Councilor Sparby said I have had some inquiries about West Lafayette police officers directing traffic at the construction site down on River Road. It's been on the radio quite a bit. People have observed that our officers are down there directing traffic on a state construction project.

Deputy Police Chief Leroux said first of all it is not a State construction, it is Eagle Valley Construction. Eagle Valley, in their traffic plan as part of the contract that they received, has to provide flagmen. They've chosen to pay our officers to do the flagging at that construction site.

Councilor Sparby said so all of the officers down there working at that site are . . .

Deputy Police Chief Leroux said are being paid by Eagle Valley.

Councilor Sparby said they are not on payroll of the City at that time.

Police Chief Leroux said they are not on the City payroll. They are not on overtime through their department.

Councilor Sparby said but they are using West Lafayette police vehicles when they are working there.

Deputy Police Chief Leroux said that is correct.

Councilor Sparby said can you explain the logic. Why they are using our resources?

Police Chief Leroux said the thought behind that is anytime we can have officers working a construction site and make that passage as safe as we possibly can, if that means putting a marked squad car down there to assist them, that's what we are going to do for their safety and for the safety of the people traveling through the construction.

City Attorney Bauman said Barb [Councilor Sparby] perhaps you weren't aware, that is a City project.

Councilor Sparby said OK.

Mayor Margerum said that's the sewer extension project. I think public safety is certainly paramount.

Purdue Relations: Councilor Windler presented this report.

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

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

The Redevelopment Commission will meet Monday, July 17 at noon in the Board of Works Room.

Personnel: Councilor Cohen presented this report.

Budget and Finance: Councilor Cohen presented this report.

Mayor Margerum reminded the Council that July 17 at 6:30 will be the first of the presentations by the departments on the budget.

Wastewater Treatment Utility: Councilor Satterly presented this report.

REPORT OF THE APC REPRESENTATIVE: Councilor Mills presented this report.

Councilor Mills said the Area Plan Commission met on June 21. There were a couple of approvals I would like to mention. Komark Development (Z-1943) for a planned development of 54 semi-attached, single-family dwellings off of State Road 26, the old PRF property. That has subsequently been approved by the County Commissioners. The second approval was the final detailed plans for a planned development in Pine Meadows, the conversion of 27 existing duplexes into, again, 54 semi-attached, single-family dwellings. That is east of Klondike Road, between SR 26 and Lindberg. Two other things of interest, Mike King's rezoning request on Lindberg of 21 acres from R1 to R3 was continued until next month. Also the Hee-Suk McAlister (Z-1946) property of Alan White was continued until next month. We'll talk about that a little bit more later in the annexation discussion.

REPORT OF SPECIAL COMMITTEES: No reports.

Mayor Margerum said the Council has an appointment to the West Lafayette Library Board and would like to introduce Nick Schenkel [West Lafayette Librarian]. He has a suggestion for you. There are other members of the Library Board here if you have any other questions.

Mr. Schenkel said I would like to propose, I know the Library Board has requested that your current appointee to the Library Board, Christine King, be reappointed for another four-year term. She can serve four four-year terms consecutively if the City Council so desires. I can also, very gladly report to you, that we've been very busy over the past year. This week it's been Harry Potter, Harry Potter, Harry Potter, not surprisingly. It's a fantastic opportunity to show that kids do read. There are no pictures in that book, it is all text. It is well over 600 pages. I haven't read it yet. We are still waiting for those copies to get through. We do have ten copies and I'm sure we will get more. The Internet, of course, is a huge impact on libraries currently. I invite you all to look at our Web page. We've added on new things including our on-line catalog. Many, many thanks for the Village Beautification project that is really helping out the Village and certainly helping the library. It's great to be a part of that project. Doing it in the summer is a fascinating time. The Purdue students are gone, but the families and kids are coming in and they are being very good about trooping through all the construction. The construction folks are also being very good about taking care of us, as well. May I ask if our Library Board President can make a few brief remarks.

Mayor Margerum said certainly.

Nancy Dunn said I would like to just bring you up to speed very quickly about our project for the future and that is what is going to happen to the West Lafayette Public Library. Are we going to have new building? Are we going to have an add on? We are not real sure, but this is what I want to tell you about. Right now we are waiting on a feasibility study from our architect to tell us what we can do best with what we already have. We are going to look at fund raising as a Board. We are going to look at the bond issue, because this Board has not built anything and so we are just toddling along until we learn about the process. We've had a lot of input from the community, from the Friends of the Library, from our volunteers and our staff, and we are still looking for that all the time to hear what you all want and what you have to say. We are very excited about the idea of having a new library in West Lafayette. This just seems to fit in with all the other new things that are going on in West Lafayette. As a Board, we have sort of taken the idea that what we would like to have, as a library, is like a jewel box. So, when we see what our architect has to say, then we are going to move on to the next step. That's where we are now. Thank you.

Mayor Margerum said thank you very much for that report. The Council has the appointment. I believe, Chris King was appointed. How long has she been in office?

Mr. Schenkel said one year.

Councilor Sparby said she replaced Alice Arthur.

Mayor Margerum said I would entertain a nomination for the Library Board.

Councilor Sparby moved to renominate Mrs. King. Motion was seconded by Councilor Windler.

There were no other nominations.

The vote was AYE.

Mayor Margerum said we will so inform her that the Council would like to have her continue to serve.

Clerk-Treasurer Rhodes said I would like to introduce Janet Broyles who is the government liaison officer for the Greater Lafayette Chapter of the American Payroll Association. We very much appreciate you coming here tonight.

Ms. Broyles said you are welcome. We are here to honor Rebecca Cunningham who successfully passed the exam in the spring. Just to kind of give you an idea why this is so important. Over 130 million people receive approximately four billion pay checks every year in the United States. If you think four billion pay checks times the dollars on those checks, we are talking major bucks. As a result of that, employment taxes collect about 70% of the gross federal revenue. Of all the different venues in which the government collects money, 70% comes out of what is withheld from your pay check. We process and administer regulations for over seven Federal and State agencies just in Indiana alone. As a result of all the compliance issues, the American Payroll Association was founded in 1982 to provide education and representation in legislative arenas. Currently, there are about 200 government members of the APA of which we have representation in the City of Chicago, Detroit, Las Vegas, U.S. Postal Service, which has over 820,000 employees, and as small as the St. Louis, Missouri Housing Authority with 50 employees. So there is a great range of people who recognize the need for this kind of recognition. The exam itself is a four hour exam. It's very difficult. I think what makes it special for Rebecca is that she put so much time and effort into this. She started preparing in April of 1999 to pass the exam in the spring of this year. This was on her own initiative. She spent 12 weeks going down to Indianapolis for study groups, then spent the rest of the time in self-study. She put a lot of effort and thought into this. She also is expected to have continuing education or else you will have to either re-exam, which is not fun, I've been there and done that, or she has to give up her certification. This is a very important recognition on her part and her dedication to the profession. Rebecca, on behalf of the American Payroll Association and the City of West Lafayette, congratulations.

Ms. Cunningham said I would like to thank my family, Clerk-Treasurer Judy Rhodes and my co-workers, and the Greater Lafayette Chapter of the American Payroll Association for their support and encouragement. The CPP accreditation is one of the most prestigious and respected distinction in the payroll industry and this credential increases recognition for our City of West Lafayette and contributes to my capabilities to do the best job that I can for the City employees, as well as a citizen of West Lafayette. Thank you.

Clerk-Treasurer Rhodes said we really have a trailblazer here. Becky is one of only five people in government service in Indiana who hold this credential. In fact, we are the first third class city to have somebody on our fiscal staff with this credential. The only other city joining us in Indiana at all with this credential is Fort Wayne. Becky undertook this program of self-study and rigorous examination on her own time as Janet pointed out. Your initiative and your achievement are to be commended and you've brought great credit not only to yourself, but to the City. Thank you and congratulations.

Mayor Margerum said thank you and congratulations. The next item on the agenda is a public hearing on the Happy Hollow Interceptor Rehabilitation Project. This is a requirement, but also an important opportunity for all those people bordering on the Happy Hollow ravine to hear what the plans are, to provide any input. I will turn it over to Rick Erhardt from Malcolm Pirnie, who is the consulting company who has prepared this for you tonight.

Mr. Erhardt said since this is a public hearing, one of the requirements is that we have a sign-in sheet. Paul Amico, the Project Engineer on the Happy Hollow Interceptor Project will be circulating a sign-in sheet and I would ask that everyone in attendance tonight please put their name and address on that list. Once this project is submitted to the Indiana Department of Environmental Management and it is approved, everybody who has attended the public hearing will get a notice from the State on that. So that's the purpose of the sign-in sheet. Paul is also passing out a brief summary of the project which you can look at and give some highlights on the project. Today's discussion will answer the following questions: Why is the Happy Hollow Interceptor Rehabilitation Project needed? What are the major objectives for the project? What rehabilitation alternatives were considered? What rehabilitation alternative is recommended? What are the environmental impacts? How is this project going to be financed?

Mr. Erhardt said the Happy Hollow interceptor is shown on the map on the screen in the purple line. The interceptor serves the north and northwest side of West Lafayette. It is a very major sewer. The tributary area in that is shown crosshatched in light blue. Highlighted in yellow, basically in the middle part of the slide, are identified five lift stations that are tributary to the sewer. The distance goes beyond Happy Hollow itself. The sewer interceptor runs through Happy Hollow Park and it terminates at the River Road pump station that is identified in yellow in the lower right. That's a newly constructed lift station that was just commissioned recently by West Lafayette. That pumps the wastewater from the north and northwest side of West Lafayette to the Wastewater Treatment Plant. What I would like to do now is turn it over to Project Engineer Paul Amico who will get into the specifics and details for this particular project.

Mr. Amico said I'm going to talk about the actual project itself, discuss some of the alternatives we looked at, what we recommend for fixing up the sewer, and lastly, talk about some environmental impacts that may occur as a result of the project. What we are looking at is a map that was generated from your digital mapping system, your Geographic Information System, a project that was initiated about a year ago, I believe. We were given this information so we could do this project. It has been very helpful throughout the project. What we've highlighted here is the interceptor and the tributary collector sewers. Running from the northwest down to the southeast is the interceptor. It collects flow from the homes around Happy Hollow Park and, as we saw in a previous slide, from a large portion of the City. These are the sewers we considered for this project.

So why do we need this project? The first reason is that the sewer itself has a significant amounts of internal deterioration. Recently, an inspection was initiated through the park and all the sewers in the park and we've noted defects in the sewer system. What we have here is a clip of the video inspection that was done. As you can see from the video, this is actually the inside of the pipe here. As the camera moves through, you can see the internal part of the pipe has corroded due to hydrogen sulfite attack. The flow channel, or the bottom of the pipe, is eroded due to the significant velocities the sewer sees because of the slope. Another very typical defect from the sewer system is seen here, the gaskets in this pipe. Every one of these joints, every one of these pipe segments, is about four to six feet long. In between each one of these pipe segments is a gasket. What has happened, is some of these gaskets have deteriorated and actually fallen into the sewer, which isn't a very big deal, but it can allow rainwater to leak into the sewer system during heavy rains. Another problem that faces the interceptor is surface erosion. Many of you have walked down through the park and have seen the steep canyon as you go down through. What we have on the picture on the right is you can see the manhole or access structure here and a bank of the stream that is getting very close to that access structure. In many cases, this can compromise the stability of an interceptor and the pipes that are there and can actually cause failures if that pipe was allowed to go into the creek. That hasn't happened in any one of the places in the park. Another typical defect or situation that we have is what we call an elevated crossing. This is a tributary collector sewer that comes across the creek and you can see a piece of foundation material and in some places that foundation material is being undermined by the flow that the creek sees. The last situation that affects the interceptor and results in the need for rehabilitation is poor access. These two pictures show portions of the path that runs through Happy Hollow Park. You can see in this portion up near Indian Trail entrance, as you come down from Indian Trail, the path itself is very narrow. You can see the manhole back in this area here and we have gabion structures that the Parks Department has put in here. Those gabion structures serve purposes: one is to stabilize the soils in the park, the other thing is to hold flow back during very severe rain events so that we don't wash that creek out anymore than it already has. You can see those gabion structures here, as well. So these three things have resulted in a need for rehabilitation.

What were our major objectives in doing this project? The first and foremost was to fix all the City sewers within the park. The second thing was to maintain existing capacity of the interceptor. In other words, we don't want to do anything to hold any existing flow back in that pipe. We want to make sure that the pipes and manholes are stable anywhere that surface erosion has compromised that stability. We want to make sure that's fixed up. We definitely want to improve access to that sewer for maintenance and cleaning on a routine basis. We are working with the Parks Department right now to create a dual purpose maintenance and recreational trail. In other words, we want to make sure that people can still use that park for the recreational purposes they use now. But first and foremost, we need a trail to get in there and maintain that sewer. Lastly, and probably the most overriding objective, is to cause minimal disruption to the park and the surrounding residents.

So what did we consider for this? The first consideration that was given to fixing the pipe itself up was total replacement. As you can see from the photo, this would require us to actually dig down and put a new pipe in there. A major disadvantage for this is the fact that we do have to dig into the park. This is a relatively shallow pipe, so this trench isn't that wide. If we were required to dig down to replace the sewer in the park, it would cause very significant disruptions to the park. A second alternative that was considered was slip lining. In slip lining as you can see from the picture, what these gentlemen are doing is actually inserting a new section of pipe into the existing sewer that's here. A major disadvantage with this alternative would be that each one of these pipe segments is straight, so everywhere you have a bend in that sewer you have to dig an access pit. Another alternative we considered is known as pipe bursting. The graphic at the top actually shows what pipe bursting does. You have a bursting head that acts as a wedge to drive the old pipe out of the way and you pull a new pipe in behind it. In this case, we would do it diameter for diameter. In other words, we wouldn't increase the size of the sewer because it doesn't need to be increased. We would just maintain that same diameter. You can see from the photo, the bursting head and the pipe running off into the distance. Like slip lining, everywhere you have a bend you have to dig an access pit. So again, it would disrupt the park from that standpoint. The last alternative that was considered is called cured-in-place or CIPP lining. What happens in CIPP lining is we actually insert a flexible sock into the sewer and when that sock goes into the sewer it snakes around bends and you can line this sewer from existing access structures in most cases. So we wouldn't need to dig as many access pits. Circulate hot water through that sock and after a period of time you have a hard pipe inside the existing pipe. This can be done in relatively short periods of time because after you are done curing this pipe out, using a robotic cutter donut, you can cut the service connections out. This photo shows, again, gentlemen installing the cured-in-place pipe.

Several methods we considered for interceptor stabilization. You've seen the gabion structures. This is one method that has already been used in the park. A couple different methods are shown on the next slide in what we call bio-engineered slope stabilization. You actually use natural materials to stabilize the slope and use the natural characteristics of that slope, provide these materials so the soil doesn't wash away while you get vegetation to grow into this slope. These are pictures during construction and what would happen after this would be that vegetation would be allowed to grow up and it would look like a natural slope.

As far as alternatives for a dual use recreational and maintenance trail, we are envisioning something similar to the Cattail Trail that was recently completed by the Parks Department. It would be a paved path similar to what this photo shows, which is Ft. Benjamin Harrison Park in Indianapolis. With certain places we envision we would have places where people would sit and that would also serve as a place for the trucks to turn around if they would to do that.

Given the alternatives that we considered, what do we recommend is done with the sewer? Again, I want to show you the map that was generated from your mapping system showing the interceptor and tributary collector sewers. You can see all the bends as it snakes down through the hollow. The first aspect of this project would be that we would line the interceptor and tributary collector sewers using cured-in-place pipe. The major advantage is that (1) it can be lined through existing access structures, therefore, minimal disruption due to digging, and (2) it can snake down through the sewer system and we can line very long reaches of the sewer in different shots. We would rehabilitate the manholes and coat for corrosion protection. As you can see in the photo on the left, several of the manholes in the sewer system are similar to the pipe that in that they have corroded and the concrete material inside the manhole is corroded. So we would propose to fix that up and stabilize that and make sure it's a good sound structure and then coat it with an epoxy coating, very similar to an epoxy coating, to protect it from corrosion in the future.

Improve access for maintenance. Again, work very closely with the Parks Department to assure that it is done to incorporate in with the existing park trails that are around West Lafayette. Lastly, to stabilize the interceptor using one of the three methods I outlined before.

No project comes without impacts. We believe that the impacts for this project will be relatively short term impacts and it would mostly be related to construction activities. There would be some clearing of trees in the park, but again, we will work very closely with the Parks Department to make sure that we are not taking down any old growth trees or any important trees. Again, we would try to minimize the disturbance during construction. We feel those impacts are greatly offset by the benefits that would occur. The main benefit being that we extend that interceptor life. Essentially, we will create a new pipe, a new sewer system within Happy Hollow Park, which would reduce the risk of interceptor failure in the future due to corrosion or instability. Lastly, would be an enhanced post-project use of the trail. With that recap of the project, I'm going to turn it back over to Rick and he'll talk about financing and then finally, take any questions you may have about the project.

Mr. Erhardt said the estimated cost for the project to rehabilitate the Happy Hollow interceptor and the tributary collector sewers within Happy Hollow Park is $3.7 million. We are proposing that West Lafayette continue to use low interest State Revolving Fund financing for this project. This is the same method of financing that was used for the treatment plant upgrade and for the River Road interceptor projects. The SRF financing entails a below market interest rate of 2.9% over twenty years. The first two years of interest are zero. The financing for the cost of this project was included as part of the stepped sewer rate increase that was approved by the Council in May of this year and that became effective this month. A portion of that rate increase goes toward the rehabilitation of this important sewer. Currently, the rates that just became effective this month, the average sewer bill for approximately 5,000 gallons is about $13.75. When the next two increases become effective, which would be the third increase by 2002, the month bill for 5,000 gallons would be about $15.15 and that takes into account this project and other planned capital improvements by the City of West Lafayette Wastewater Utility. With that I would like to conclude the public hearing and open this up for questions. We are recording these comments and we are required by the Indiana Department of Environmental Management to submit a transcript with our application for funding, so I would ask everybody who speaks to please state their name before they state their question or comment.

Mayor Margerum said is there anyone who would like to ask a question?

Paul Howell, TV18, just out of curiosity, the CIPP that he showed us, it looks like you are going to cut down on flow a little bit. How much flow are you going to lose. There is no loss of flow?

Mr. Erhardt said that is correct, there is no loss of flow. The new pipe will be much smoother than the old pipe. It is only about a quarter-inch in diameter, so the flow capability of the pipe will be equal to and possibly even greater than the existing pipe.

James Williams, 2241 Sandpiper Court North, said the rate increase that you had there on your graphic from July of this year to 2002, that's a 10.2% increase. Is that in addition to the increase that was voted earlier this year or does that include this?

Mayor Margerum said no, that's a cumulative.

City Attorney Bauman said there were three steps of 4%, 5%, and 5%. That was what was already proposed and adopted and that, at the time they discussed financing of this project, as well as future wet weather treatment at the treatment plant. The financing for that is all in this projected set of steps.

Mayor Margerum said so there wouldn't be any increase in what had already been proposed.

Councilor Sparby said could not there actually be a change in this rates so they could actually end up being less? Isn't there a new plan being drawn up since there was an error in the one that was presented to the Council?

City Attorney Bauman said it could be less, it could be more if the project came in over budget, but we think, the best estimate of the professionals involved, is that these rates should be enough to cover the projects that are planned and that is what was already adopted. It is not proposed at this time to have any increases in addition to that.

Councilor Keen said my first question is, do you know how long the current interceptor has been in place? You've stated here that this process, CIPP process, will extend the life of that system. Can you give me an idea of the useful life of the extension?

Mr. Erhardt said the life of the interceptor was constructed in either the late 50s or 60s, the late 50s. The lining for this is expected to extend the life another 30 to 40 years.

Mayor Margerum said what was the date, Mr. Snyder [City Engineer]?

City Engineer Snyder said I think that the date of the current was about 1957, which makes it about 43 years old. It is concrete pipe, by the way. I want to make that clear to everybody. The new epoxy cured-in-place is a much better material as far as corrosion.

Mr. Erhardt said many times a sewer pipe is considered to have a life of about 40 to 50 years, so this is expected to effectively double the life of the pipe. Even though the lining of this is an expensive process, it's much less expensive than it would be to replace the pipe and much less disruptive to the park.

Councilor Keen said the exterior of the pipe, you have stated there is some corrosion and other problems. Was anything in this process going to be done to rehabilitate the exterior of the pipe as well as the interior? I'm assuming this CIPP process is only for the interior of the pipe.

Mr. Erhardt said that is correct. There was no inspection done or no reason to believe that the exterior of the pipe that was done. You might have been thinking of the manholes. We had a separate picture of that. Those, in fact, do show corrosion and we are planning to do rehabilitation and line the manholes themselves. The exterior of the pipe, we don't think anything was done. Typically, nothing happens to the exterior and we are not planning to do anything to that.

John Bloodgood, 116 Seminole Dr., said What happens to the gaskets that have dropped down and gone away?

Mr. Erhardt said the gaskets, this sock lining that we showed, this is a continuous lining. When the hot water is run through this, it will cause the sock to expand and to fill the inside of the pipe and the hot water will cause this to cure. It looks like a fiberglass lining. This will be one continuous piece. They will clean the pipe first so any loose gaskets that are in the way or any material will be cleaned and this will form, in essence, a continuous pipe. There will be no joints there, so there is no need to do anything with the joints.

Mr. Bloodgood said has this system been used for some period of time? Is it possible to look at something that's been in place for ten years?

Mr. Erhardt said yes, it's been used for more than ten years, I think it goes back at least 15, if not 20 years. Indianapolis, many other cities have used this method to line pipes. There are examples where this has been seen. I see there's a gentleman, Furman Smith has a comment there.

City Attorney Bauman said while you are on that point, if Mike [WWTU Director Darter] could come up, I think he can outline where it's been used here in our community.

WWTU Director Darter said we have slip lined State Street between River Road and the Speedway Station. That was done in 1993 or 1994. We just lined another line that was on . . .

City Engineer Snyder said on Sycamore Lane, was the first one and there is one at the part of Happy Hollow that runs between Thornbush and . . .

WWTU Director Darter said we have used it in at least three different spots in the City of West Lafayette and we are very satisfied with it.

Furman Smith, West Lafayette, said we at Lilly [Eli Lilly Company, Tippecanoe Laboratories] have used this process for about 15 years. We have lined all of the storm sewers in the entire plant. We helped develop the techniques several years ago. We have also done it with manholes. We actually increased the flow because, as you said, the surface is very smooth, even where there are breaks in the pipe, when the material goes through it fits real tight so the break ends up being fairly smooth. You don't have infiltration and you don't have exfiltration. It is a very slick process. The thing they didn't say is it's very fast. Instead of taking a year or two years to do it, you can do in months.

Councilor Satterly said what do you do with the flow in the pipe while you are putting that sock in it?

Mr. Erhardt said I believe segment by segment they will bypass pump around the pipe.

Councilor Satterly said bypass the flow around?

Mr. Erhardt said that is correct. This will be done manhole to manhole, segment by segment. They will bypass pump from manhole to manhole to allow this to be done.

Mayor Margerum said are there any other questions?

Councilor O'Callaghan said what is the timeline that you are thinking about for this?

Mr. Erhardt said we would estimate that this would, just very roughly speaking, be in the order of six to nine months at most.

There were no further comments.

Mayor Margerum said I will declare that that is the completion of the public hearing. I would like to thank Rick and Paul. I think it was very useful for the Council. The reason we wanted to do it at the Council meeting was so anyone who was listening at home would have a chance to hear the presentation also. If there are any other questions from anyone here or anyone that's listening to the program, they should contact City Hall and we will get those questions answered.

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

Ordinance No. 14-00 An Ordinance to Annex Certain Lands into the City of West Lafayette (McAlister) (Prepared by the City Attorney) Councilor Sparby read the ordinance and moved that Ordinance No. 14-00 be approved and the vote be by roll call. Motion was seconded by Councilor O'Callaghan.

Mayor Margerum said is there an amendment to this?

City Attorney Bauman said yes. The amendment was to correct a typographical error in the legal description. We have also added, for informational purposes which will be needed by the County Auditor's Office, the current key numbers for the parcels involved. But it is not substantive.

Councilor Sparby moved the ordinance be amended as redistributed. Motion was seconded by Councilor O'Callaghan and the vote was AYE.

Dan Teder of Reiling, Teder, and Schrier said I represent the developers in this case. The developers are the ones wanting to, obviously, develop the site. They are not the present owners of the property or the present owners involved in the annexation, but I want to describe not only the annexation to you tonight, but also the proposed development. I've done this a few times at caucus, so bear with me if I go through it again, if that's OK. [Moved to aerial map] Again, just for the site, for those people in the audience that aren't familiar with it. This is Lindberg Road. This is McCormick Road. The annex property is that that I have in yellow. This tract here, going around here, through here, down here, and back around. The first tract is the PSI substation. The second little sliver in here is owned by the church, which is located here. This property down here is the Simmons property. This property here is the McAlister property. Finally, this property here is the Bogan property. This property was approved for rezoning from R1 to R3 at the recent County Commissioners meeting. This property and this property here are not being rezoned. They are staying at their present zoning classification. This property here, the McAlister property, received a 7 YES to 5 NO vote from the Area Plan Commission and was then defeated at the County Commissioners meeting. This property here, the Bogan's property, is to be rezoned from R1 to R3 and it has presently been continued, but is on the Area Plan Commission list, which will occur, I believe, a week from Wednesday. Additionally, as we have power lines located along here, which I think are important when I talk about the development side of it, as well as the PSI power station. Blackbird single-family homes are down in this area. The Blackbird apartments are in this area. We have more apartments down here. As you are well aware, Lindberg is going to be improved in the next year or so. This aerial doesn't show it, but there is a King project, I think it is Midas Development is his corporate name or legal name for this. This has been partially constructed and I think he is waiting on the final aspects of the American Suburban Utility to come through. There is an easement through here going back to that for sewer from American Suburban.

The developer has optioned the McAlister tract and the Bogan tract obviously to do a development on this project, basically, apartment development. The reasons for the annexation are rezoning. From the developer's standpoint, police and fire, we'd like to have West Lafayette police and fire protection, and we would like to have West Lafayette sewer. We do have American Suburban there, but we would like to have the other amenities of West Lafayette and to come into West Lafayette. Without the rezoning to this project, we may or may not be in West Lafayette. We will still have American Suburban and we won't have a site that's developed. Obviously, that's not what the developers wish to have and it doesn't follow through with what we are doing at this point. Tonight, as I've indicated to you in caucus a couple of times, I want you not only to consider the annexation, but when you look at your annexation vote, to also realize that we want to come back with a rezoning of the property. This is almost in acquiescence to that rezoning. In the prior, we've gone from R1 to R3. When you go from a R1 to R3 or any zoning of that type, you zone it to a particular zone. R3 allows apartments. It doesn't say how many apartments or how few apartments, what the amenities will be or not be. We believe that rather than doing it that way, what we'd like to do is come back and do a planned development for you. That would still be a rezoning and the rezoning would still be apartments. But in that regard, I'll go back again to the map for this, if we do a planned development, the entrance will be here along McCormick. It would be that for the rezoning. There would be no access along Lindberg in either one of these cases. That was also the case for the rezoning. We anticipated about 14-something units per acre for the rezone. If we did the planned development, it would be less than that, perhaps around 14. This would be input from the Area Plan Commission as to what they would like before we know exactly what that is. So we can't tell you exactly, but it would be more in the 14 range. We would also contemplate that there would be more greenspace to the site and other amenities, perhaps a clubhouse, things of that nature. A walking trail might occur in the planned development that wouldn't necessarily occur in the rezoning. But I think most important in the planned development is what you see is what you get. In the rezoning, it can change obviously within that classification. The planned development we are going to go through Area Plan Commission. We're going to have, basically, final, detailed plans approved which will then come before you. Those plans, what you see when you vote on those plans, is what you are going to get. Those cannot substantially change. There can be some minor adjustments, but nothing as far as where the buildings lie, the number of buildings, the amenities to it. All those things would stay in place. So you would know exactly what you are going to get. Additionally, then we would be getting West Lafayette sewer, which is important to us. We would be giving additional property taxes which I think would be important to the City of West Lafayette. We think that the annexation is going to coincide, we can make our planned development coincide, with the annexation. We would start the planned development, perhaps, a month or two down the road. I think the annexation would finish sometime in January, perhaps February. I'll let Mr. Bauman be more specific, as he knows with the new ordinance it's hard to tell on that. I think that's the general time frame. We would then have the planned development follow that a month or so and come back before you after we finish through the Area Plan Commission to have you then vote on the planned development at that particular point. Our density, in our opinion, with Blackbird versus us, is similar. I think they're about 13 units per acre. We would be about 14 units per acre. The occupancy of the Blackbird, and these are the apartments, is 65% student and 35% other. We believe our mix would be the same as that. We've talked to the owners of that, as I indicated at caucus. They told us that when they initially did it, it was 35% students and 65% other and now it has switched to 65% / 35% and we have no reason to believe that ours would be any different. We think ours would be the same as that. No access on Lindberg. Our access would only be McCormick. Where we lie on McCormick, I think, gives a good safety buffer from the intersection. McCormick is the road that the people are going to use. I keep stressing this, and I know Blackbirds concerned and they are here this evening. Our impact on Blackbird single-family, in my opinion, is going to be minimal. We are going to have straight shot to the campus. I think those people that are students that are living in our facility are going to go on McCormick straight through to campus. The other people that are nonstudents are going to go north, perhaps to SR 52 to some of the businesses out there or perhaps west on the new developments coming out on Lindberg and Klondike. There's neighborhood business in there and I contemplate a lot of those people will come out there. There will be some use of Lindberg Road, I don't deny that, but I don't think that's going to be the impact. I don't think we're going to be the major impact or an impact substantially on the Blackbird single-family homes. I think the impact will come from the other development that is presently underway there. Additionally, McCormick Road, we checked with the County Engineer's Office and the car use on a daily basis is between 1,200 cars and 3,700 cars a day. The capacity for McCormick Road is approximately 12,000 cars a day. So I think McCormick Road easily has the capacity to handle this particular development. We would respectfully request your approval of the annexation and we'd be happy to answer any questions. Alan White is one of the developers along with Shane O'Malley and Mike O'Malley and Alan is present this evening and would be happy to answer any questions. Thank you very much.

Councilor Sparby said I know that this ordinance was originally presented at our last month's meeting and it was postponed pending the results of the rezoning request that was before the County Commissioners which was to rezone this property from R1 to R3 and they did decline to rezone this property. And I know much to Mr. Teder's chagrin, he was not here last Council meeting, but at that time, and I refer to the minutes of the meeting, I specifically asked Mr. White if the rezoning was denied, will you withdraw your request for annexation? Mr. White said "Yes, we are basically requesting the landowners who we have an option with. I think it has been made clear that if the R3 zoning does not pass, then we would not be buying the land and then, therefore, the individuals would probably withdraw the request since there would be no development."

Mr. White said the landowners, in speaking at the last Council meeting, our option period with those landowners expired after it coincided with the County Commissioners meeting. So at the time, I didn't have the ability to say that these landowners would still want to annex or if they would grant us an extension on the options. So the time that has passed since the County Commissioners meetings we have met with the two landowners who we had options with. After much discussion, they have agreed, knowing full well in this instance that if the planned development is denied after the annexation period ends, that they would have no choice but to be annexed into the City. So they have agreed that that would be acceptable to them and then, therefore, have agreed to extend our option period to grant us the time that we did not have before to allow the annexation process to happen. And that is the reason we are able to come back today.

Councilor Sparby said I know I had inquired before when the Police Chief was here about our police protection because that's one of the things you are interested in. I know he has stated that he does not see this as a problem, but I personally look at the territory, the amount of land out there and the access and, given the number of patrol cars we typically have on the street, I have real concerns that we would be able to provide adequate service without increasing.

Mr. White said at the last caucus meeting, that was addressed and it was answered by the Police Chief. I don't know if anyone's here that wants to speak to that.

Councilor Sparby said I believe that is correct, that there are three to four patrol cars per shift.

Deputy Chief Leroux said on a typical shift there are three to five cars on the road, except during our overlap period. All I can say on that matter is for the last couple years we've come to the Council requesting more manpower. We have a five-year plan that has requested more manpower and we've not gotten any of the manpower. We feel we will do the best job that we can possibly do on this project or any other. We will continue to provide the best service we can.

Councilor Sparby said I am quite aware of that. Would you not agree it's probably going to put a lot more strain on the department given the current manpower?

Deputy Chief Leroux said I think any future development is going to put a lot more strain on our manpower.

Councilor Sparby said OK, thank you.

Mayor Margerum said I would add that that is part of the annexation process to do that evaluation as to what is required and what is additional, and that is a requirement.

City Attorney Bauman said that would be at the next step. This vote tonight would not be final.

Councilor Windler said assuming everything flows according to plan here, when will these apartments open up?

Mr. Teder said I think we're probably looking at the end of next year, would you not say, Alan? The earliest would be December 2001, January 2002, in that range.

Councilor Windler said OK, most likely the full student occupancy, because being a Purdue student, I know that most students rent at that time for the next year, so you probably will not reach full capacity until the following academic year.

Mr. Teder said I think we will be lucky to be completed in that period of time to take care of the students and the other people. Perhaps some of the building would be done at that time. I would think that it is more likely that part of the project might be completed with the rest of it being occupied toward the summer, toward that fall semester.

Councilor Windler said the reason I asked was with the timing of the Lindberg Road project and the timing of your project, I was wondering exactly how much traffic will be coming out of your development, if it comes to fruition, to the point that when we complete the Lindberg Road project. I'm wondering if those projects will have an overlap point. There is obviously a concern with Lindberg Road going under construction. The Blackbird Farms people will be forced onto McCormick and I think that's part of the concern is that they are worried about using McCormick at the same time as the people living in your development. But, I think if we compare the time lines a little bit, we will realize that we might be near the completion of the Lindberg Road project by the time your development reaches capacity.

Mr. Teder said I can't give you an exact time with the PD and everything else that's going into this case, but I would anticipate that some of it would be done in that January time frame. The PD takes a long time to do and there's always a snag or two. I think I'm being optimistic to say that we can be back here in January or February. It may be a little later than that. That seems to be the shortest time frame to run about six months for the planned development phase of it, then you still have to go through the construction and all that phase. So, January to me, I would look at as being a partial development, with full development being that summer, which would be the summer of 2002.

Councilor Windler said can I ask the City Engineer, what is the anticipated time line on the Lindberg Road project? When is that going to get started? When is it going to get completed?

City Engineer Snyder said we've got a couple of tough pieces of right-of-way to finish out yet, but INDOT, who consults with us, that October, November is a possible setting of the bid date for construction. Again, to quote Mr. Teder, there's always another hitch or two that you haven't considered and the project will take about two to two and one half years, depending on how much work they can do during the winter. The Lindberg Road project is unique in that a big portion of it is just hauling fill dirt and that's in the center of the project. Then each end is flat-work, concrete pavement, which theoretically could be done at the same time in good weather or not. That will be up to the contractor to decide the scheduling. But I'd say you are looking at at least two years, maybe a little more. I might add that, even if the timing is precisely the opening of this apartment, the number of trips in and out of the apartment probably isn't going to put too much strain on McCormick Road. It has recently been repaved for one thing, and I think you get a lot more traffic from the county developments beyond this apartment project.

Councilor Mills said the Bogan property rezone will go before APC the week after next, is that what you said? Or next week? [Referring to Mr. Teder or Mr. White]

Mr. Teder said it was continued from whenever, I can't remember now, to the next meeting, yes.

Councilor Mills said do you plan to leave that as R1 to R3?

Mr. Teder said no, that would be part of the planned development and would then withdraw that rezoning petition.

Councilor Mills said OK. I know I've been an outspoken opponent all this time. I appreciate your willingness to do the planned development. It makes a big difference, I think, to me personally and how I view the whole development. I know from seeing other planned developments come before Area Plan, there are real specifics on density and greenspace and amenities and everything. I appreciate the fact that you are willing to go that way.

Mr. Teder said thank you.

Councilor Keen said I'd like to ask how does this project or this development, annexation fit within the long-term plan for Wabash Township?

Mr. Teder said I don't know that they've asked for a long-term plan for Wabash Township. I don't believe that that has been implemented. Again, maybe Mr. Bauman can answer that portion of it.

City Attorney Bauman said that was recently requested again, at the City's initiative, and the Commissioners concurred with that. The Mayor, about five years ago requested that before, and the Commissioners at that time apparently didn't want planning to occur out there and so that has been delayed unfortunately. So there really isn't an updated plan.

Mr. Teder said the only plan in existence right now is the 1980 Land Use Plan, is my understanding. That Land Use Plan was put in effect when there were no sewers and when Purdue University was building dormitories for their students, so a great deal has changed since 1980. I don't think that plan is really applicable to the Wabash Township area.

Councilor Keen said I believe that earlier this year, this Council has reviewed or agreed to allow the Wabash Township people to work with them, or whatever, on some kind of a plan.

Mayor Margerum said the request the Council had was a resolution which asked Area Plan Commission to set up a planning procedure and to look at the whole Wabash Township. The County Commissioners also passed that same resolution and I think that all the Wabash Township people were in agreement that that did need to be done. So it was a resolution to the Area Plan Commission.

Councilor Keen said that is what I was referring to. My point being, has any thought been given to or whatever little planning may have been done to this point since earlier this year, how is this project going to fit within that or has anybody even had contact with any of those people who are doing that planning?

Mr. Teder said I don't think there has been any implementation of that plan whatsoever. I think some people in Wabash Township have been willing to assist the Area Plan Commission and I think the Area Plan Commission has said they may look at it in the future.

City Attorney Bauman said to clarify, if this is annexed into the City, it will become part of the City planning process and the City Council here would have final decision on any zoning or rezoning. So in a way that will remove it from the planning process of the unincorporated portion of the township. Again, it would then be supported by the infrastructure and services of the City.

Mr. Teder said you've got to realize, we have the American Suburban Sewer there and we've chosen, or are trying to choose, or asked to come into the City of West Lafayette to get West Lafayette sewer and to get West Lafayette police and fire. Again, I concur with Mr. Bauman, it takes it out of that realm, but it also takes it out of the concern that Wabash Township had, with regard to their fire. I don't know if the police was a concern that was mentioned, but the fire was one. Whereas now, it would be something that potentially could come under West Lafayette fire, which we think is positive for everyone.

Councilor Satterly said Dan [Teder], if you don't get the annexation, would you go with American Suburban and ask for a planned development from the County Commissioners?

Mr. Teder said I don't know if we've addressed that yet. I guess that would be a consideration to make. American Suburban is there and that would be a likely alternative. But I don't think we have addressed that at this point. The developers would like to come under West Lafayette.

Councilor Satterly said you've got to wait one year before you can ask for a rezone to R3, but you could go in immediately with a planned development.

Mr. Teder said the planned development is a different rezoning. The R1 to R3 would be probably, on that specific property, and I'm doing this pretty loosely, if we added a little more property, we could probably come back in under an R1 to an R3, perhaps. If we changed it, perhaps we could change the look of the site, perhaps that would be enough to get over that hurdle. Otherwise, we have to go for a different zoning classification and PD would fit into that different zoning classification to do that.

Councilor O'Callaghan said then it would be the County Commissioners that would have that decision as opposed to the City Council.

Mr. Teder said if we were not going to annex, yes.

Councilor O'Callaghan said that's one thing that's really changed for me from the last meeting is that at the last meeting where this was proposed, the County Commissioners were going to address it in the very near future, within the next couple of weeks. It seemed reasonable for us to wait and see what they were going to do and then we can decide what we wanted to do. And now that you've come back with a planned development, and this body would be the one that would do the annexation and would consider the rezone, I think it makes a lot more sense and I'm much more in favor of it in the way it is being presented now.

Mr. Teder said this body would then have all the control of that eventually.

Councilor Cohen said Dan [Teder], when you talked about density and comparison of density, I think that one thing you brought up before and didn't bring up tonight was that the densities were compared without the lake being counted.

Mr. Teder said I brought up that in caucus. To me, in order to compare one density to another, if you take the lake out of Blackbird then they are about 13 apartments to the acre, where we would be about 14. We think we will be 14, in that range. We may be less than that when we finish with the planned development.

Jim Lewis, who identified himself as a West Lafayette resident and owner of Mr. and Mrs. Tire, said my concern is, I've heard about the police protection, but I'm concerned also about the fire protection because I've had conversations with Chief Ron Ford. In our conversations, when you start annexing, then he says we're going to have to have more fire stations and more personnel, which is quite a large capital expenditure, which is more than what the tax revenue would generate from this particular annexation. I think that if you had a station and apparatus and personnel to provide the coverage that we need in this City, that you are looking over $1 million as an original investment plus ongoing expenses with the personnel replacement and equipment. I wonder if Chief Ford could address that?

Mayor Margerum said I would be glad to have him do that, but I do want to remind people that that is part of the evaluation that has to done for the annexation of all of these. So it is a little premature, but answer it the best you can, but it's rather premature before annexation takes place.

Fire Chief Ford said at Pre-Council the other evening, I addressed the issue that we are presently covering the Blackbird Farms area. The trucks move from the east down Lindberg Road and move part of the way down McCormick Road to the southwest corner to cover the Blackbird Farms. This is within the range to move it to the north just about the same distance. However, we make approximately four runs a day, about 1,200 runs a year, averaging about 20 minutes per run. It's definitely going to increase the workload, but I really feel that we can handle it.

Patricia Mason, Wabash Township Trustee, said I personally don't care whether you annex this or not, but the phone at my office was ringing today with the implications from some of the statements that had been made that they wanted City fire protection because the Wabash Township fire protection was inadequate. I want to clarify the statement that the Wabash Township Fire Department is a professional department. It is equivalent to the City department or we would not have the LSO ratings that we have. The developer has not made contact with me nor the fire chief about the capabilities of the Township providing protection for that area. I don't want you just annexing it because you feel sorry for him because he's not going to get adequate fire protection from us. He would get certainly adequate fire protection. There is a lot of planning going on in Wabash Township as to what we're going to do with the Cumulative Fund, where we are going to build the new fire station. So there is a lot of planning going on. The other thing is, I might note, the American Suburban rate increase that just went through last year is approximately $60 a month for sewer service, versus your $15 a month. So he's going to save a whole lot of money by going with you. American Suburban is supposed to go even higher. So he's going to take your capacity instead of their capacity at one-fourth the cost. But I just want to clarify that the township fire department is certainly adequate and we could protect the area adequately. Thank you.

Furman Smith, Wabash Township Advisory Board, said there is a credibility problem that was either at the last meeting you had or the meeting before where you were talking about the sewer line. We are talking about another development that was being approved out past this area. You are dealing with the old West Lafayette Regional Sewer District. When that got approved, it was said in this Council meeting that that would fill up that sewer line and there would be no capacity left for any more development. Now here you are coming along again with this proposal for a lot of additional units, or a lot more sewage and according to the statement you made last month or two months ago, there is no capacity. I think you need to take that into effect.

City Attorney Bauman said I think I can address that. You are apparently not very well informed about how the sewers lay out there. The capacity problem has to do with the lift station and the force main from the old Regional Sewer District area. This would go into the Blackbird lift station. That's a separate lift station. It also has a separate force main all the way back into the West Lafayette gravity system. In that respect, those two are completely separate. The statement was concerning the lift station and force main from the Regional Sewer District area.

Mr. Smith said OK. Another issue you need to think about is this is only one development of about six or seven that have been approved in the last six or eight months out in the same area. So we start talking about traffic and what's on McCormick Road now. You also have to look at what's going to be on McCormick Road, say, 12 months from now, whether this development goes or not. It is going to increase rapidly. There is a lot of development that was already approved and some of is it under construction. So you need to look at are these roads adequate, especially when you take Lindberg Road out of the system for two to two and a half years. That's a real problem. The other issue, I'm sure the people in Blackbird Farm will address, is this is probably going to end up being students. Is this really the job of West Lafayette or the Township, either one, to build dorms for students? Or should this be a Purdue job? They at least provide some support.

Councilor Windler said I think we would all be thrilled if Purdue were to increase their housing capacity, but we have limited control over that and that has been said time and time again.

James Williams, 2241 Sandpiper Court North, said I'm the President of the Blackbird Farms Homeowners Association. I represent 170 households. At one of our earlier meetings that we had this spring, we had Captain Marvin from the Police Department out to address formation of a Neighborhood Watch. One of the questions he was asked at that meeting concerned speeding on Lindberg Road. One of the explanations that he gave that explained why a lot of times we don't see a lot of patrol cars is that he says, right now, there is not enough manpower in the department, with all sectors that they have to cover, to provide good coverage. So if we add additional apartments and everything out in that area, then there is going to be a question about adequate police coverage. Not just in that area, but elsewhere in the City. Councilor Sparby addressed the meeting minutes from the last time where Mr. White said that he thought that there would not be any development or any annexation if R3 was turned down. They gave reasonable explanation on why they got that extension, but why we are here now is because annexation and approval of this proposed planned development would still enable the petitioner to build a high-density apartment complex in the area. The residents and taxpayers of Wabash Township and the Fourth District oppose the R3 rezone request that was before the Commissioners for this property. The County Commissioners agreed with us and turned down the R3 zoning, in effect saying that another high-density apartment complex is inappropriate for this area. According to the definitions of housing density formulated by the Area Commission staff, high-density housing is that which has greater than 9.0 units per acre. The proposed planned development that Mr. Teder talked about is for about 14 units per acre. This is less than the original request, but it is still a density that would qualify as R3, and R3 has been turned down as being inappropriate in this area. The 14 units per acre proposed by the petitioner is greater than the density of the neighboring Blackbird Farms apartments, with or without the pond acreage in the calculation. Not including the nine acre pond, Blackbird's density is 10.3 units per acre, which is much less than 14. That difference of four units per acre when applied across this entire parcel is going to mean an extra 40 apartments or at least two or three additional buildings. Developing more apartments here significantly impacts the 2015 transportation plan. The daily traffic count on McCormick Road is already 63% greater than projected for the year 2000 in the 2015 plan. Because of multiple trips per vehicle per day, one vehicle in any given traffic zone will add many times that number to a traffic count. If this project is approved, the 2015 data for the traffic zone 147, which sits in where the proposal is, the 2015 data will be exceeded by 75% for housing units and by nearly 100% for the number of vehicles. That's 15 years ahead of time of the 2015 plan. This development alone would increase the McCormick Road traffic volume count by more than 1,000 vehicles a day because it is not just a destination, but it is a point of origin. McCormick Road is narrow, has no shoulder, and it has considerable foot and bicycle traffic. It will be the only route out of Blackbird Farms for two years when Lindberg is being reconstructed. Everybody in that portion of the County is going to have to use McCormick Road. This proposed apartment complex would do little or nothing to stop conversion of homes to rentals in the areas around campus. Those conversions are spurred by landlords who can claim that their properties are within walking distance of campus and the Village. This proposed development is not within walking distance and so would not appeal to those renters who would otherwise wish to live near State Street. Also, more than 2,500 apartment units have been approved and begun construction within five miles of campus in the last 12 months. Because Purdue is going to cap it's enrollment around 38,000, the immediate housing crisis is passing at this time. Another high-density apartment complex is thus not needed at this time. The major land use in this area has been single-family homes and moderate-density apartments, the King property not withstanding. This proposed annexation and planned development is simply a ploy to gain permission to build high-density apartments at a time when they are not needed in an area where they are not compatible with existing uses. The laundry list of problems associated with this proposed development includes density concerns, traffic concerns, police and fire service concerns. It will negatively impact nearby property values and home resale prospects. This project will hinder W.H. Long's ability to sell the remaining empty lots in Blackbird Farms which are within sight of this project. The occupancy demographic of this complex would bring more noise and potentially more crime to an area of family residences and public recreation. Not enough firm details have been offered about this project. Two-story buildings, three-story buildings, how many buildings? Where will they be located? What kind of greenspace? Will there be noise abatement features? What will be done with the storm water run off? How will the City fund the extra police patrols that are required? The long-term cost to the City will not be offset by sufficient tax revenues brought in. With so much controversy and unanswered questions attached to this project, why go ahead with this at this time? I want to state that our Homeowners Association is not against all development or against annexation. We are merely anti-inappropriate. This is not about a tract of single-family homes or mixed use condos and townhouses. The parcel of land that is in question here is well suited for duplexes or 4-unit townhomes such as those down on Anthrop Street just west of here. Those type of developments would only add value to existing development and would be greeted enthusiastically by area residents, but this project is high-density apartments. You may find our stance ironic, what with the Blackbird apartments in our backyard, but our association has joint covenants with the apartments. They are occupied by a responsible, stable demographic. We work together. One apartment complex, we can live with that. The King property, which has been advertised as the ultimate in college living, was foisted upon us several years ago and will be crowded and noisy and generally not a very good neighbor. Two apartment complexes leaves a rather sour taste in our mouths. A third apartment complex is not a good thing at all and is just entirely too much to stand idly by and let it happen. This Council adopted the resolution calling for a Wabash Township land usage plan. I asked you to support the principle behind that resolution, which is to curb unnecessary, opportunistic development. I urge you to protect the Fourth District voters and taxpayers, those of us who must live with the consequences of your decision here tonight. Take the prudent course of action and deny this particular proposal until such time as a more suitable development comes up or until the Wabash Township land use plan is complete and then judge it in the bigger context. I will answer any questions you may have if you like. Thank you.

Councilor Windler said you stated that Purdue has decided to cap its enrollment at 38,000, but in a recent newspaper article, President Beering was stated as saying that the ideal student population was 38,000 to 41,000 or 42,000. Now he is famous for having said back in the mid-80s that Purdue's ideal population was 32,000 to 34,000 and we are sitting at borderline 38,000. Now as a community that has to deal with students, and as someone who represents a district that is dominated by student rentals, how should I take that? Is that a warning of expansion to come, and if so, shouldn't we plan for that?

Mr. Williams said you have a good point there. I don't believe that any of the students went without housing in the past. And in that same article that you reference, President Beering also said that the local developers are already overbuilding too.

Councilor Windler said actually, students did go without housing. We had to convert study rooms and lounges into living quarters. Also married student housing had to be adopted for the incoming freshman this last year. So we did have to go beyond the traditional. We already had freshman and undergrads living in the graduate houses because they had spare capacity and now we are beyond that. My concern is looking five years down the future or even two years down the future, where are we going to be? There are a lot of apartment complexes being built and not all of them are for students. The population of Tippecanoe County is growing. Anybody that lives here knows that. It is a planning issue for me. We need this capacity, I think.

Councilor Cohen said what would be your feeling if someone like Mike King got a hold of the property and does what he did to the other piece of property? Because he's looking at another piece of property in that area.

Mr. Williams said we would take the approach that we are taking with this one. At the time that Mr. King had in 1995 with the apartment complex he is building now, I don't think we were ready and I don't think that people realized what the long term implications with that would be. But now that we've seen that, I think we would take a similar stance.

Councilor Cohen said but in this ordinance, what this ordinance is doing, is annexing certain lands. It does not say a word about what's going to be built on those lands. That's another part of what may happen. We are presuming it's going to be, if it's annexed, that they are going to try to put an apartment complex on there, but have not seen those plans and it's to the benefit, I think of everyone who lives in that area, for that area to be in the City. I think it is just better protection for you in the long run.

Mr. Williams said that's right. We believe that sooner or later all that land out there is probably going to be annexed. We are concerned that annexing now is going to be construed as a go ahead to build a large apartment complex and it will be difficult to sway the developer otherwise. Until such time as we see a more detailed plan of what they would like to put up here, I think there is no rush to annex that land. They can't go back for R3 for that land within a year. I don't think there is need for haste.

Councilor Cohen said except that it does take a long time to annex property.

Mr. Williams said that's true.

Robert Eskew, Blackbird Farms, said Mr. Windler, I believe you are being a little disingenuous. Classroom capacity at Purdue University is maxed out. We can't take any more students beyond what we now have. So that we are going to go to 40,000 means that some buildings that aren't even requested in terms of funding to provide classroom space will have to be built. So I don't think that's likely. It certainly is not any time soon. Secondly, I don't believe anybody lived in a lounge for very long. That's not new. The residence halls have tried to do that to keep the rates reasonable for the students. They, somewhat like the airlines, have people who say they are coming and don't come. So I don't believe any student lived in a lounge or a study room for very long because of the attrition that occurs at the beginning of school for the freshman. One thing I'd like to point out to the Council, I'm one of the people that does ride a bicycle on McCormick Road. From my seat three or four feet above the road, I don't think it's going to last as it now exists. There's a lot of bad cracking and other things because of the lack of shoulders. You're going to have to spend some money on that during the time the road is closed. During the time I ride my bicycle, I see a lot of people in my subdivision walking their dogs, jogging on the roads. I see a lot of Purdue students when school is in session. I think there is some serious capacity problems for McCormick Road that you really haven't addressed, that I think you have to if you are going to make it livable out there during the time. Additionally, you found it very hard to keep more than one lane open when we get snow. If we are looking at another 1,000 trips a day or more for the development, I think that we've got some real serious capacity problems during the winter when it snows there. I don't think you've addressed that either. We certainly don't need another 1,000 cars a day trying to make that trip when we have that kind of weather. I think, as does Jim Williams, that you ought to wait until you have a good plan in front of you that says this is what we are going to do before you decide about this ordinance. I don't think there is any benefit to us annexing this land and I think there is a lot of danger here. Furthermore, Mr. Cohen, you said you don't know what's going to be here. The only people who want this land annexed have brought you plans that they are going to do 14 apartments per acre. So you know what's going to happen and I think you are being disingenuous when you say you don't know what it's going to be. Because they've come to you, they've asked for annexation. They've asked for it for 14 units an acre and I think that's what you are going to get and I think you know that, and I don't think you ought to pretend that you don't.

Councilor Windler said if I could address the part about Purdue's capacity. There was a series of articles printed in the Purdue Exponent this year. The University has asked the State for permission to do $273 million worth of upgrades or new construction of buildings for the next three years. I think that included three new buildings, but it's been a while since I read the article. So there will be room for increased capacity at Purdue. On a side note, Professor Eskew, I did take your class and I did enjoy it.

Mayor Margerum said are there any more questions? I would remind you that the question is on annexation, but I think it is fair to say what the other parts of it are, but the question here is annexation. Are there any other questions?

Patricia Mason said I was at the Admissions Office today with a daughter of a friend who is considering going to Purdue and the lady there said that they were capping their enrollment at 38,000.

Mr. Teder said in everything that's being referred here is negative, negative, negative, then let's stop building on North River Road, or let's stop the construction on North River Road and South River Road and let's stop all the apartments going down there. Don't issue any building permits or occupancy permits because we don't have police. We don't have fire protection. We don't have anything. I don't think that's true. We are coming in as the Mayor said and some of you have said, with an annexation. We are then going to come back with a planned development. I'm assuming that planned development may be as much as 14 apartments to the acre. Mr. Cohen, I don't know for sure because it's going to be looked at at Area Plan Commission. They are going to ask for input from the City. That may change. Where that's going to end up, I don't know. But if you go back to 1980, we overbuilt apartments and from that time to present then we were underbuilding apartments. Now we are going to perhaps be overbuilt again and then we are going to be underbuilt. That's the cycle that we have. The City of West Lafayette and Greater Lafayette, I've said this at Area Plan, you've heard me, is one of the greatest places in the United States to live and it's been a secret. No one has known about it and now, in the last few years, everybody knows about it and everybody wants to come here. They want to live in this town because it's a great place to live. Those people that want to live in these apartments aren't all students. They are a lot of people. Some people want to live in R2s and all the development that people are talking about, those people aren't here tonight. Somebody should tell those people to come to protect their rights too. They have an opportunity to live. I think Mr. White said it best. Where do you want these students and these people to go? Live in Ohio? You want Purdue University. You want all the great things for this City, but you don't want these people to live here. I think we can talk about Patti Mason's comments. I never said that the Wabash Township Fire Department was not a good department or a great department. I've never made any comment in that regard. She's always indicated that when you go out to Wabash Township, they can't take care of it or they don't want any more development. Now if we are coming into the City, they don't want us in the City either. Again, should we go to Ohio for all these people? I don't think so. I think we are making a reasonable request for you. I think when you look at the planned development, you are going to see the police and fire aspect of it needs to be looked at. The fiscal aspect of it needs to be looked at. It's going to be a process. It's going to take a period of time. Just like the Levee is taking a period of time. Just like any growth takes a period of time. I think it's something that's good for West Lafayette. I think it's a reasonable request and I again, I would respectfully request your favorable approval of this. Thank you very much.

Ordinance No. 14-00 Amended passed first reading, 5-2.

Mayor Margerum said this is a long process. There are a number of public hearings and public notices that are required under this. Thank you all for coming. We appreciate that.

Ordinance No. 17-00 An Ordinance to Enact a New West Lafayette City Code Chapter 83, Establishing Requirements for Licensing of Peddlers (Prepared by the City Attorney) Councilor Sparby read the ordinance in part and moved that Ordinance No. 17-00 be passed on second reading and the vote be by roll call. Motion was seconded by Councilor O'Callaghan.

City Attorney Bauman said the ordinance [referring to Ordinance No. 17-00 (Amended) which he had distributed] is to establish a modern and effective regulation of two categories. One is the itinerate merchants that come in and set up on a temporary basis and the other is people who go door-to-door as peddlers. We have worked extensively with the Police Department to try to set up something we believe that will be effective and can be administered. One of the things, I think you've seen this before, let me highlight some of the changes in the amendment. We've added some definitions, both of the itinerate merchant and then the peddler to separate those two things since, frankly, there's some different requirements that apply to each of them. I think there's some different goals we have in the regulation. We've also added the definition of individual peddler to make it clear that we want to license and do background checks and have the photo IDs as later provided of each individual peddler. Then we have also defined a transient merchant. That is someone who sells from a push cart moving around. What we've prepared here is a proposal to simply outlaw that. I don't know that we have anybody who's involved in that now. I know a few years ago we did have someone who was involved in selling food from a push cart in the Village area and I think that created both safety problems in terms of blocking the sidewalks and I think there were also some serious concerns on the health side on that. So the proposal would be simply to outlaw that. The ordinance does require anyone who wants to be a transient merchant, peddler, or an individual peddler to get a license. To do that they have to submit background information, photograph. There is an opportunity, then, for the Police Department to do a background check on that individual. That individual, including the individual peddlers going door-to-door, will have to have and wear a photo ID. As I said, there will be a background check on them. The transient merchant, those who come in and set up shop temporarily, I direct your attention to Section 83.04(j)(5), I'm reading from a different copy so I'm not sure what page it's on in yours, but we have set up a number of requirements there not only for liability insurance, but also to make sure that they have permission from the landowner and to make sure that they have zoning clearance for the activity and the location they are at. On the violations, we've changed some of that. I think we discussed that before. We are restricting the hours, then, for door-to-door peddling to 8:00 a.m. to 8:00 p.m. We've provided a procedure for granting and denying licenses and for suspension of licenses in the event of violation. There was some discussion before on the provision for a merchant who intended to become set-up from a permanent location. I think there was some concern that anybody could say that they intended to do that and that that was, perhaps, would be an unintended loophole. That's been taken out. The fine has been restructured. Persons who attempt to sell without getting a license, that is, to avoid and evade the entire regulatory procedure, would be subject to a fine of $2,500. Other violations, such as somebody soliciting too late and so forth, that's a $100 fine, the way it's drafted anyway. I think that's a cursory outline of how we've fine tuned this proposal since the last time you looked at it. It is a result of the work session and the people who came and passed along some different thoughts. It also was a result of input from the Police Department.

Councilor Keen moved that Ordinance No. 17-00 be amended as presented. Motion was seconded by Councilor O'Callaghan and the vote was AYE.

Councilor Sparby said in regard to Section 83.13, which is the exemptions to licenses, it is saying the licensing requirement does not apply to any person or organization that engages in the sale of goods, wares, merchandise, food, subscriptions, or services from a permanent location in Tippecanoe County. I'm just trying to get this clear in my mind and don't mean to pick on Councilor Cohen, but let's say that he decided he wanted to sell his salads from a cart, does that mean because he has a permanent establishment already in Tippecanoe County that he could go set up in a parking lot somewhere and sell his salads and would not have to have a license?

City Attorney Bauman said I think it is written that it would do that.

Councilor Cohen said I would have to have a license from the Board of Health and I think that's what we, at least pertaining to food product, that's what we were concerned about, was that they could set up shop without any supervision or certification from the Department of Health and Sanitation and they could more or less do what they wanted to do and sell what they wanted to.

Councilor Sparby said but I think when we had met, my other concern was that they had proof that they had permission from the property owner and that they were complying with the zoning ordinance because of a particular merchant that now does have a permanent establishment. I'm afraid if we leave this in, then they can continue to do what they've done in previous summers.

Councilor O'Callaghan said what that was intended for was for sidewalk sales, wasn't it?

Councilor Cohen said and festivals.

City Attorney Bauman said no, I think we've resolved one of the concerns that was raised. I think you need to decide whether you have further concerns. It's unfortunate we did not get a chance to discuss this further at Pre-Council. The changes that have been made, I think, are pretty substantial. It is possible they need further discussion and fine tuning before you are ready to make this final.

Councilor Sparby said I guess I would be willing to propose a second amendment to this [Ordinance No. 17-00 (Amended)], that under Section 83.13(a) that item (2) be stricken.

City Attorney Bauman said and the other items be renumbered then?

Councilor Sparby said right. Then I think that would take care of my concerns.

Mayor Margerum said would this include Taste of Tippecanoe, wouldn't that be . . .

Councilor Sparby said that's a not-for-profit.

Mayor Margerum said OK.

City Attorney Bauman said I think one of the concerns here is you could have, for example, a business location in the County and then if you had door-to-door sales, this would simply exempt everyone and you would no longer have, for example, the individual applications and background checks of the individual peddlers. I can see where this may be a loophole which defeats part of the purpose of the ordinance.

Councilor Sparby moved to amend Ordinance No. 17-00 under Section 83.13 Exemptions, part (a) item (2) be stricken and that the remaining items be renumbered under that. Motion was seconded by Councilor Windler.

Councilor O'Callaghan said it would not exclude sidewalk sales, when people from a permanent location put them outside for that.

City Attorney Bauman said let's go back and visit the definitions. Go back and look at transient merchants. They talk about transacting a temporary or transient business in the City. I would say if the sidewalk sale occurs at a location where they have their store, then it didn't meet that definition.

Councilor O'Callaghan said then they wouldn't need a license anyway.

City Attorney Bauman said correct.

Mayor Margerum asked for the roll call vote on Councilor Sparby's amendment. The amendment to Ordinance No. 17-00 (Amended) passed, 7-0.

Clerk-Treasurer Rhodes said Counselor Bauman, because of the length of the ordinance there are a number of very minor typos in it, would you like to clean those up before the final reading?

City Attorney Bauman said I did make some changes that you had requested before. Do you have some others?

Clerk-Treasurer Rhodes said my basic question is, perhaps we can discuss it afterwards, I'm wondering if a word is missing and some other things. If we could just spend a few minutes before we prepare a final version.

Mayor Margerum said this is the first reading of this ordinance.

Councilor O'Callaghan said this is the second reading, actually.

Councilor Sparby said the second and final reading.

Clerk-Treasurer Rhodes said Section 83.04(j)(5), second sentence after the word "transient merchant," is there a word missing? Or is that just simply an additional punctuation? In reading it very quickly, I wasn't sure if you meant to have other things there.

City Attorney Bauman said I think that punctuation comes out. I think there was some other verbiage in there that was taken out.

Clerk-Treasurer Rhodes said OK, fine.

Councilor Windler said I would like to point out as far as a matter of expediency goes, that there are already some door-to-door salesmen visiting the student areas in West Lafayette. After the discussion of the first reading of this, some of my classmates at Purdue University had notified me that they are already being visited by door-to-door merchants. As far as if we put this in action this month, that gives us some time to prepare for, what I'm assuming, will be the rush of door-to-door salesmen when the students return next month. Whereas, if we pass it next month, that doesn't leave the City administration much time to prepare for the arrival of people asking for licenses and that kind of thing.

City Attorney Bauman said I think mechanically the Police Department has a plan for how they would administer it, but I assume they probably can't set that up in five minutes.

Councilor Sparby said is there a way we can go ahead and take final reading on this and allow the Clerk-Treasurer to work with you for any corrections as long as they are not substantive to the . . .

City Attorney Bauman said well I think once it's passed, if we want to do that, we'll have to look at technical corrections or whatever later.

Councilor Mills said like we are always doing for NUZO.

Mayor Margerum said is there anyone in the audience who wishes to speak to this?

Amanda Martin said I was the Purdue student who was attacked last August 4, to be exact. That's when they start. I was mainly here tonight to thank people for actually taking into consideration about us. Because it is a very hard thing. Purdue is a very popular university. This happens, unfortunately, more than we like admit. The particular man who attacked me had been to three other students' apartments prior to knocking on my door. He wasn't able to commit his crime until he reached mine because there was no third party in my apartment at that time. I hold him responsible and the company responsible for not doing a thorough background check or a background check at all. I think it is very wonderful that the City is going to take that responsibility. It is too bad that the companies themselves don't take it. I think that the registration won't only help the residents of West Lafayette, but it will also help the solicitors themselves. In case of an emergency, you know where they are, how you can contact somebody for them, I'm assuming. If it had just been in place a year ago, it wouldn't have happened to me and I wouldn't have gone through all that I've gone through and my family and the people that have cared about me wouldn't of had to go through it. I wanted to thank the City for taking this into consideration and everything. And also the Police Department did an absolutely wonderful job. They went all the way to Indianapolis to get this man. They did more than I could ever expect and I am so grateful. I am also very grateful to Prosecutor Jennifer Gutwein and Judge Johnson. I think everyone bent over backwards for me in particular. I really appreciate it. Thanks.

Mayor Margerum said thank you very much. I think, certainly, what happened to you is what did spur this. We do appreciate you bringing that to our attention. Thank you very much.

Councilor Windler moved to call the question.

There was no further discussion.

Ordinance No. 17-00 (Amended) passed second and final reading, 7-0.

Ordinance No. 18-00 An Ordinance to Set the Biweekly Salaries of the Elected Officials, City of West Lafayette, Indiana for the Year 2001 (Prepared by the Clerk-Treasurer) Councilor Sparby read the ordinance and moved that Ordinance No. 18-00 be passed on first reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

There was no discussion.

Ordinance No. 18-00 passed first reading, 7-0.

Ordinance No. 19-00 An Ordinance 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 2001 (Prepared by the Clerk-Treasurer) Councilor Sparby read the ordinance by title only and moved that Ordinance No. 19-00 be passed on first reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Mayor Margerum said the salary schedule reflects a 3.5% for all employees. There is a maximum and a minimum for each position. In some cases, the maximum was increased. But the review and scoping of these positions was done by me and the Human Resources Director before making any additional increases, including comparison with a lot of other cities and, especially, Lafayette. I think that it is very important for the City to retain the flexibility of reorganizing and changing duties and responsibilities in order to meet changing needs of the City. In summary, the new employees will be to increase the Parking Enforcement Officers to two full-time. We have 1.5 now. This will increase it to two full-time. A half-time Records Clerk, which will partially free up some time for the Police Department and an additional Patrol Dispatcher, which would be able then to put one more officer on the street. I think by voting for this ordinance, you are also voting to put another 1.5 officers on the street. The maximum and minimum were changed for one particular Specialist Tech, Special Services because there are two people in that position and one is sort of the supervisor for the other. There will be an additional Code Inspector, which will be in the Wastewater ordinance, but I wanted to bring that to your attention so you would know that that will be when the Wastewater ordinance comes. There will be an additional inspector out of that. When this was originally prepared, the original proposal was to include, and I talked to several of you, about making some changes in some of the positions, especially those that have changed their duties and their positions have been reorganized. We were doing this in conjunction with the financial forecast. For instance, $40,000 has been eliminated from the General Fund because we are moving two positions out of the General Fund in the Development Department. Those will be paid fully out of EDIT. The changes in the Development Department reflect the reorganization of the duties and responsibilities in that department. The staff has generated $200 million in additional development. The changes in their duties and responsibilities have been rather extensive. We would like to change the title of the Assistant Director of Development to Assistant Director of Development and Inspections because he will be reviewing the duties and supervising the inspectors and providing cross-training. Then, in addition to the duties he now holds, the Redevelopment Planner will have the title of Redevelopment Planner and Neighborhood Planner. She will add neighborhood planning duties to the work she is doing presently in terms of serving the Redevelopment Commission and also the Engineering Department in reviewing plans. The Administrative Assistant has added additional duties in CDBG, Redevelopment, and Economic Development and she does the day-to-day financial accounting for CD and the Redevelopment. In reviewing all of the positions, the Human Resources Coordinator position had several years ago been a part-time one. When it was changed, it was not given as a big boost to put it into competitive with other similar positions in the City and even now with this new proposal it is still about $9,000 below the equivalent in Lafayette. There will be additional duties that she will assume in terms of centralizing the record keeping and doing some more duties in that area. The Parks and Rec change of $1,000 is reflected in the two certifications of the Beautification and Stewardship Director. I think you had those. Those were reviewed at the Pre-Council meeting. I would recommend, in order to reflect the additional duties of each one of these people and also to bring them in line with positions in the community because we do need to keep these good employees here and not risk losing them because they have done a very important job for us. So I would ask for your support for this salary ordinance. Are there any questions or comments?

Councilor Mills said I might just make a comment, Mayor. Through a little bit of work in the New Chauncey Neighborhood Association, I certainly have come into contact with people in the Department of Development, particularly Allen Grady and Charlotte Martin, so often. I think I really got an incredible appreciation for the job they do in working with the neighborhoods. I'm certainly all in favor of boosting the salaries of people that I think work really hard and do a good job for the City. I know that Margy Deverall, also in that department, has been really involved in all of the Wabash Landing plans. I know how committed she is to the City itself. Again, I'd like to say I'm in favor of those. I think the Department of Development has done a wonderful job. I also think the Police Department, we should do everything we can to put more police officers on the street. If that means hiring more civilian dispatchers and technicians, then that's the way we should move. In my neighborhood, District Two, New Chauncey, we certainly have parking problems and adding additional parking officer is very much appreciated. I would just like to give my support for all of these changes.

Councilor Keen said I would have one concern in these changes that were made for the seven people in the Department of Development, Redevelopment, and others. I have kind of a concern about what kind of a message are we sending to other employees in the City in that these changes that we are talking about here, a lot of these reflect funds coming out of other areas, as in EDIT or CDBG or whatever. There are a lot of departments that the City has that do not access to those funds to supplement or support their salaries, so I am concerned that we are sending a message to other employees that if you don't have access to that, you are stuck with where you're at.

Mayor Margerum said the review looks at those positions that have changed in terms of additional duties or have additional title change or reorganization, then we looked at how those would be funded. So whether they were funded out of EDIT or the General Fund had nothing to do with requesting an additional amount, that it reflect their additional duties. Then, after that was done, then, for instance, the $40,000 that was moved into EDIT did free up money in the General Fund. But all of these changes were based on change in title, reorganization, or additional duties. Every year we do have to make changes, otherwise, you've got a very staid bureaucracy if you don't make some changes reflecting what the new needs are.

Councilor Mills said I think if these changes happen to people that are doing an outstanding job, we have to do our best to keep them as City employees. None of them are making huge salaries. We've got to make sure they stay here and not go elsewhere.

Councilor O'Callaghan said it is important to recognize longevity and people that do well, but as the Mayor indicated, these are changes for changes in job description, changes in responsibilities and certainly every department head is invited to present any of those kinds of changes. Is that correct?

Mayor Margerum said yes, that's right.

Councilor Keen said so all of the department heads were informed that this was going to be taking place and they had an opportunity to . . .

Mayor Margerum said I told the staff that if they had any changes, they needed to justify them in terms of changes in duties or responsibilities.

Councilor Cohen said I think there's a danger, too. We are blessed and cursed with being next to Lafayette. We are very close to being one city. Salaries at West Lafayette's population level are almost at the same level as Lafayette and that's because we are close together, so they are constantly being compared. I think unless we are ready to become a farm system for Lafayette, we have to essentially compete with Lafayette's salaries.

Councilor Keen said I would agree that we do have to compete. This is really a difficult ordinance and with these changes, it makes it difficult to deal with them because it's like a two-edged sword because on one hand you're going to reward one group of employees. On the other hand, you've got another group of employees who may be saying "Well, that's not fair." Is there some way we can come up with a system that would reward all employees who deserve to be rewarded in a more . . .

Mayor Margerum said this is not . . . we are not talking about . . . we are talking about rewards in the sense that they've done a good job. All the employees have done a good job or they wouldn't have gotten the 3.5% increase. These are ones that there has been a change in duty or a reorganization that has given them additional duties. So that is what we have always based increases over and above the standard increase is change in duty or change in title and reorganization. So all of these reflect that.

Councilor Windler said I think we would all love to increase the amount of money that we pay our City employees, but we also realize that come the end of the budget cycle, we have to justify the tax rate that we put on the people of West Lafayette. I think it is very reasonable, that given the fact that these people are in some way changing jobs or changing responsibilities, that there is a commensurate change in pay. I would gladly vote to give the other employees a higher pay raise if somebody else would take the responsibility of explaining that property tax change to the citizens.

Councilor Sparby said this is the third time I've been involved in salary discussions for the City in my tenure on the Council. We started the discussions back in April. It was made up of Councilor Cohen and myself, Attorney Larry Cuculic, the Clerk-Treasurer, the Mayor, and then Mrs. Foster was there from Human Resources to advise us if we had any issues. There were two representatives of the Fire Department, two representatives of Police, Wastewater, Street, one Park maintenance individual, and one individual representing the clerical staff. We were told at the time there would probably be about $10,000 worth of salary changes, but we were provided with no details. We then looked at all the available funds that the City had available for the next two years, looking at revenue projections that the Clerk-Treasurer provided to us. And we tried to come up with what was the best salary package that we could offer for our employees. One of the other things that should have been brought up at the time were changes in personnel, increases in personnel, these were not brought up.

Mayor Margerum said yes they were. We discussed the additional Code Enforcement Officer and we looked at the possibility of an additional person in the Police Department, because I think you're confusing the salary discussion which was to be the overall salary increase for the total City. We had talked at the very beginning that we were hoping to be able to add an additional person in the Police Department depending on what that final salary increase was.

Councilor Sparby said where we are adding two full-time people and one part-time person.

Mayor Margerum said that's right.

Councilor Sparby said we did not discuss that number of people.

Mayor Margerum said but I think the important thing is that the basic salary increase was what was the discussion with the employees. Then after we see what the implications of that are, then you step back and say now here are some changes that have to be made in terms of change in personnel. So it has always been that way the other two times you have been on that committee. We've done it that way because you can't start out by saying you are going to have a position before you even know what the basic percentage increase is going to be. If we hadn't been able to work that out, then we would have been able to add any or make any changes.

Councilor Sparby said I think personnel changes have been more forthcoming than they were this time. Typically, Personnel Committee has met prior to . . .

Mayor Margerum said they did meet.

Councilor Sparby said they met the day before the agenda day deadline to be filed to meet this ordinance for the 2001 salary. Lafayette and Tippecanoe County have both hired professionals to do job scoping for them. I strongly think that West Lafayette should look at doing the same thing, rather than arbitrarily doing scoping with people that are not trained in that field. It's caused problems yes, in the County and Lafayette, but it is an attempt to provide the most fair compensation available. When we met with the employees, we had some departments that specifically asked, for example Wastewater Treatment employees, said we would like to have more than 3.5% because our salaries are not tied to the General Fund, they come from the Wastewater Treatment Utility Fund which has an ample amount of cash in it. We told them no, we would not do this, we wanted to treat all the employees fairly. Street and Sanitation could do the same thing. They could take their money out of LRS. We said no, that we would not do that. I think we are losing credibility from our discussions with the employees. I've talked to various employees. They are unhappy about what is going on. Also, I've been told that a couple of these decisions were made based on the fact that employees are threatening to seek employment elsewhere. It was just ironic that my husband was going through his Dilbert calendar, he was a little bit behind and there was a particular comic that struck me. This is from June 25 where Dilbert goes into his boss and he says, "I want a 10% raise. There's no budget for raises. I have an offer from another company that will pay me 15% more. I'll give you 20% if you stay. I thought you said there were no budget for raises. Well that's supposed to be a secret, but our policy is to give big raises to the people who spend their time interviewing for other jobs. Good news. Secret company policy is to reward disloyalty."

Mayor Margerum said I think that's most unfair. Just as it's unfair to ask people to assume major responsibilities and change the reorganization of a department and say that you can go ahead and do that and we won't recognize that. We've done that in the past. It's no different than what you've done on the last two. I think we have been fair with our 3.5% increase. It's, I think, a good one.

Councilor Windler said 3.5% increase is a good increase. It is not an uncommon business practice anywhere in the private sector that when somebody changes jobs or gets a promotion or gets a new title that they get a pay raise. That's all that the City is doing. This isn't a new practice. This has been in practice since there was business. I don't see how the City is doing anything extraordinary or unusual or irregular by doing this. We've given a regular increase to the regular City employees and those employees that have received a promotion or received additional responsibilities have gotten a raise. That is the same and it's true in business sector. It's true in the government sector, at least here in West Lafayette. I don't see why this is causing such a shock to some people. It's just not that unusual.

Councilor O'Callaghan said I guess I would just like to reiterate that there are many very positive things in this ordinance. Very positive to get more police officers out on the street. It is very positive to have an additional Code Enforcement Officer. It is very positive to have an additional Parking Inspector. I also want to reiterate that it is the policy of the City that any department head can make a presentation for increased job responsibilities or reorganization in a department. To streamline these requests from the Department of Development just seemed like a very streamlining way to go about it and to have some cross-training and to really serve the citizens better. And so I'm really supportive of serving the citizens better.

Councilor Windler moved to call the question.

Ordinance No. 19-00 passed first reading, 5-0.

Resolution 17-00 A Resolution Confirming the Designation of an Economic Revitalization Area for Property Tax Abatement for OptoLynx, Inc. (Prepared by Department of Development) Councilor Sparby read the resolution by title only and moved that Resolution No. 17-00 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Satterly.

Dave Monahan, President of OptoLynx, said I have nothing further this evening. From my previous presentation, I think you are happy to hear that. I thank you for your consideration in this.

Mayor Margerum said I would mention that we have to have a public hearing. So I will open the public hearing to confirm the designation of an economic revitalization area for property tax abatement for OptoLynx, Inc. Is there anyone who wishes to speak for or against this tax abatement? Hearing no comment, I close the public hearing. Is there any discussion on this? I think we are all very pleased that you have come to the point where you are able to ask for this which means that you are making some additional investment in your company and I know that the Council has been very supportive of high-tech developments.

There was no discussion.

Resolution No. 17-00 passed first and only reading, 7-0.

Resolution No. 18-00 A Resolution Confirming the Designation of an Economic Revitalization Area for Property Tax Abatement for SSCI, Inc. (Prepared by Department of Development) Councilor Sparby read the resolution by title only and moved that Resolution No. 18-00 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Cohen.

Richard Ferguson, Chief Financial Officer of SSCI, said also in the interest of time, I have no presentation, but am happy to answer any questions.

Mayor Margerum said thank you, the same thing applies in that we need to have a public hearing. So I will open the public hearing on the designation of an economic revitalization area for property tax abatement for SSCI, Inc. In there anybody who wishes to speak for or against? Hearing none, I will close the public hearing.

Councilor Sparby said just one point before we call the vote. So people don't get confused and think that we are just passing these, we have had numerous presentations by both companies and have looked at the details of these before, so this is not new to the Council.

Mayor Margerum said yes, thank you for that. Again, we are very appreciative of the fact that you are expanding your company and that we can cooperate and help in that way in doing the property tax abatement. For the public also, this is an abatement. This is to phase in the property tax. You are not excused forever from paying property tax.

There was no further discussion.

Resolution No. 18-00 passed first and only reading, 7-0.

Resolution No. 19-00 (Amended) A Resolution Requesting the Transfer of Funds (Police, Development, EDIT, Law Enforcement Continuing Education) (Prepared by the Clerk-Treasurer) Councilor Sparby read the resolution and moved that Resolution No. 19-00 (Amended) be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Cohen.

Mayor Margerum said the Police request is for a video camera that is no longer working. The request for the Economic Development is for consulting, geotechnic service, and surveying services for Tapawingo. The land acquisition funds of $180,000 will be for our share of the purchase of the land for the child care facility in conjunction with CityBus. That is the 20% of the $800,000 that CityBus will be receiving in Federal Transit funds. In Development, from Legal Services to Contracts is for a temporary employee. For Police, for shortfall in the instruction account.

Councilor Keen said I would like to know on this one from the Department of Development, what Park improvements are we not doing this year to have an excess of $293,000 that we no longer need it?

Mayor Margerum said I don't know if Joe [Park Superintendent Payne] wanted to speak to that. When this was put in there, we thought there might be the Corps of Engineers would be proposing some kind of construction project and that was the estimate as to what our share might be. But we have not gotten to that point.

City Attorney Bauman said the grant on transportation with CityBus came through before the other project did.

Mayor Margerum said we were just estimating that as the amount that we would need to contribute toward the Corps of Engineers work. So that will probably come next year. But that has not materialized.

City Attorney Bauman said again, that's part of both Development and Parks Department have worked extensively to try to leverage money so that we are basically matching 10, 15, 20 percent on grant money rather than spending all local money for these projects.

Councilor Keen said it says here that the land acquisitions funds will be used for our share of the purchase of the child care facility on the Levee. I guess I was under the impression or understanding that the day care center was one of the lessors of this agreement and therefore why would we be purchasing land for them?

City Attorney Bauman said they won't be a lessor. They'll purchase that piece of property.

Councilor Keen said in the original documentation that I saw, if I'm not mistaken, I believe that the day care center was shown as one of the lessors.

City Attorney Bauman said they will be a purchaser of the property within the development. It will be, essentially, a horizontal property regime. There will be other development around it, but they will own that space constructed to their specifications. This will be similar to the project which they had in Lafayette which is located at Third and Ferry Street.

Councilor Keen said another question I have here too, where does this money for this fit within the budget that we were given in March in relationship to the Wabash Landing project? In reviewing through, I don't see anything on here about land acquisition expenses or anything on here. I was just kind of curious as to where that fits within there.

Mayor Margerum said did that come before we received this grant?

City Attorney Bauman said yes, I think this has been a subsequent, the grant has been a subsequent event.

Mayor Margerum said this is the Federal Transportation grant. We had applied for this. It was a joint grant for the child care facility and the bus depot. So at the time probably, that that was prepared, that we hadn't gotten it yet.

Councilor Keen said when did we get the grant though?

Mayor Margerum said we were notified a month or two ago?

City Attorney Bauman said it has been part of the ongoing effort by the Development Department to pursue additional Federal grant money.

Councilor Keen said I guess I would like be better informed of these kinds of things as far as these agreements and that sort of thing, because it just helps me to better understand these things.

City Attorney Bauman said you should go in and speak with Mr. Andrew because I'm sure he'd be happy to update you on that.

Councilor Keen said I noticed he's not here tonight. I was wanting to ask him these questions actually. So you are saying that that land money is from a grant.

Mayor Margerum said yes, and that's our share of it, this $180,000.

City Attorney Bauman said it's the local matching share.

Mayor Margerum said this is the 20% of this total grant so by investing this $180,000, we are receiving $800,000 more through CityBus.

City Attorney Bauman said so we will not only invest in the child care center, but also is related to improvements in terms of bus pull-off and sidewalks in the immediate area to serve that.

There was no further discussion.

Resolution No. 19-00 Amended passed first and only reading, 7-0.

Resolution No. 20-00 A Resolution Appropriating the Necessary Funds Resulting from the 2000 Community Development Application of the City of West Lafayette Under Title I of the Housing and Community Development Act of 1974, as Amended (Submitted by Department of Development) Councilor Sparby read the resolution and moved that Resolution No. 20-00 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Mills.

Mayor Margerum said this is the actual appropriation into these general categories, but they reflect all of the public hearings and the proposals that came before the Community Development Committee, the Citizens Committee. These are then just broken down into these categories.

There was no discussion.

Resolution No. 20-00 passed first and only reading, 7-0.

Resolution No. 21-00 A Resolution Appropriating Insurance Recovery Received for Damage to City Property (Police, Sanitation MVH) (Prepared by the Clerk-Treasurer) Councilor Sparby read the resolution and moved that Resolution No. 21-00 be passed on first and only reading and the vote be by roll call. Motion was seconded by Councilor Cohen.

There was no discussion.

Resolution No. 21-00 passed first and only reading, 7-0.

Paul Eiff, 615 Elm Drive, said we had a concern in our neighborhood. There are some drainage problems that we wanted to convey to the Council. In August 1996 is when everything began. Let me give you a timeline to get you up to where we are today. August 1996, two holes opened up in Elm Drive about 300 feet apart. One opened up between mine and my neighbor's house and the other one was between that neighbor and the following neighbor's house. They opened within an hour of each other. They were about one-inch diameter and as far down as you could see in the street. The following day the Street Department came out. We had called that afternoon to report it. The Police marked it off that afternoon. The following day, the Street Department evidently sent out an emergency crew on a Sunday and repaired the street. They repaired it with about a truck load of cinders. They just kept filling until it filled up. In the following weeks, that settled. They came back, they patched again. That continued on for about a month. From that point, every four to six months they came back and it would settle between four and eight inches and they would continue to patch the road because it became a pothole over and over and over again. The Street Department, evidently, never communicated that there was a problem there or that this hole was as deep as it had been, to anyone. We began to notice in my household a backup of water pressure at that point in which we at first thought it was our problem. That continued on until it became a serious issue in February of 1998 at which time no water would drain from our house. Upon inspection by plumbers, it was discovered that there was a problem in our line. They found that just under the street, the pipe had disintegrated. When we started tracking where this was, they discovered that this was exactly where that hole had opened up. At that time, because we had a more serious problem we called the City. In fact, when this originally started, when the hole opened up and they filled it with cinders, I was concerned but I had not seen at that point any problems. I was concerned that this was something that had collapsed in the street sewer, in the main line. The Wastewater Department came out and took at it and said there was no problem. So at that point I assumed there was no problem. But when we then tracked it and we had a problem, the plumber found a problem that the pipe had been disintegrated in that area, we contacted Wastewater again. They came out and just pronounced that, well, this is our problem because it was not in the main line. I had voiced to, it was Victor VanAllen, I believe Victor VanAllen is his name from the City Wastewater. He told us it was our problem, we would have to deal with it. But at that point, I said but you understand that this is what happened. I gave him the history of what had happened with those holes and also mentioned that there was house, obviously, someone else was going to have this problem down the street when that one came due as well. He said that well, that was not necessarily a problem or not one that would be faced that day. We ended up flipping the bill to the tune of $12,478.56. That included replacing about a 25 foot square section out of the street to the center of the street and that went all the way down to 18 feet. It was discovered that there were some problems with the original contractor who had cut some corners with the way the pipes were laid in. We believe that this eroded the material away above it. At which point when the Street Department filled that in, the weight of the cinders as opposed to the weight of dirt at 18 feet of it had disintegrated all the pipes. Fairfield was the contractor that ended up having to come out because it was a major feat getting that deep into the street. They came out. They took a look at the situation and the foreman basically told me that within a year he expected to be back for the other hole and then within ten years he expected to do everybody on the street. He said that this was going to be a problem that he figured the majority of the neighborhood would go through and we would all be faced with it at one point or another. He just mentioned that since our house was one of the oldest on the block that we got to go first. That brought us up to getting our problem fixed. Since then my house has had no problems. After that point, every four to six months, this continued to be a problem for the other hole. When initially my problem occurred, the other house was not occupied. It turns out that we did not know which house that hole belonged to, but we did know that we were sure it belonged to somebody else's drainage system. A few weeks ago the second hole that always been there settled about eight inches and then was filled once again. That brings us up to today.

Curtis Tate said I am here for my wife, Jill Tate, who is an educator within the City limits here. We both chose West Lafayette for the convenience and the great city here. This morning we woke up about 7:30. To my amazement, I walked downstairs to take a quick shower and I had three inches of wastewater in my basement. From basically 7:30 until about 7:10 my wife and I, and my friend Mark, carried waste out of that basement with five-gallon buckets. We also got a pump through a rental company in Lafayette and that helped. By 6:30 our floor was finally at a point where the waste particles were on our floor, but the water in the bathroom and in our washing room in the basement was gone. But if you took the pump off of the drain, within five minutes we would have an inch of water in the area that was originally three inches. So, at a quarter to eight we called a plumber. his name is Fred Thompson Plumbing who has been in business for 30 years. His two associates come over. They have 100 feet of line. They use 100 feet. The two guys are amazed, they have never seen anything like this. They've seen water in basements, but they've never had to go through 100 feet of line to roto rooter. They had to call the boss, which was Fred. He brings over an extra 50. So they take the machine out of the basement, hook up an extra 50 and stick it back through. One hundred forty, 135 feet they went, nothing. They went a little bit further, they started hitting something solid. During this time, prior to the boss coming over, we called the West Lafayette Wastewater. Mr. VanAllen came out. At that point, he came downstairs and he saw that solid waste wasn't floating. It was basically the waste from the lining of the drain. So it was fresh water that was coming up. At that point he said it was our problem, to put it plain and simple, that it was our problem because it came from the basement out to the street and that there was no solid sewage floating, so it wasn't the City's problem. About 1.5 hours passed and he came back. The plumbing men said we're not getting anywhere with this. So he called in some of your equipment. One was an optical truck. The other one was your flushing system truck. They put the optical unit down the manhole. They went about 20 feet and they couldn't go any further with this optical equipment. They came up kind of scratching their heads. So they sent the flushing truck down to the corner of Elm and Salisbury to flush back. This took over 30 minutes to do. So once this time passed and they were able to get it flushed out, they came back in with the optical unit and went up and got up to our area which is an additional 57 feet. So they got the optical unit and they looked in and there was this rock that was basically clogging our spout into the main system. It's exactly centered to where this sink hole is at. The plumbers used equipment as well as American Water Company was out and they had the same type of equipment following the line as it went through our yard and it went straight out to this sink hole. The first time I met my neighbor was mid-morning because he went through this whole situation four years ago or two years ago. He brought me all this information. I was just amazed at the fact that something that is this magnitude has developed and developed and there is not communication within departments. Maybe there is, but the problem hasn't been solved, because it seems to me the amount of weight of this rock that they keep putting into this hole every four to six months, basically, is wear-and-tear on the residential or homeowners' services. It's been a long day and I'm lost for words for the most part. I'm glad I'm standing back here and I'm sure you are, too, because I showered in my neighbors spigot before I came in.

Mayor Margerum said we certainly sympathize with you and know that that is a very serious problem and maybe I could ask Mr. Darter [WWTU Director] if he would maybe talk and review it with Mr. VanAllen, look at the total problem and if you would do that.

Mr. Tate said time span on that? Right now we don't have running water. Like I said, if we didn't have the pump, our basement would be flooded and it's a furnished basement.

Mr. Eiff said he has nowhere to pump, but out into the street.

Mr. Tate said the previous owners, real quickly, bought the house the late 50s. Their children had bedrooms down there. They had a rental property in the mid-70s, early 80s down there, so there has been living quarters down there. When we bought the house, we were confident, through their word, that there had never been water down there. The paint on the walls was old faded yellow, it was dry as a bone. It took, probably, two days for a dehumidifier to get full. It was a very dry basement up until this point.

Mayor Margerum said we may need the Engineer to look at it too and see what the original issue was. Mike [WWTU Director Darter] would you be willing to look into this the first thing in the morning?

WWTU Director Darter said I'll talk to him in the morning, I'm sure he's got the phone number.

Mayor Margerum said they can't go on much longer without water. We had that happen to us once and I know what the feeling is. It's not a good one.

Mr. Eiff said there is also a concern, both neighbors across the street from us are having similar problems. One has had similar problems for years, but the other one we've noticed similar situations. Their sidewalk has settled quite a bit. It's amazing the only person in the neighborhood who doesn't seem to have any problem is the one between us, but that's just by luck, I believe. The concern we have is that the original contractors, which are long gone this was in the 50s, I don't believe did a thorough job at the time. But, correct me if I'm wrong, somebody is inspecting what they are doing and approving it or writing off on it.

Mayor Margerum said probably back in the 50s, there wasn't much inspection.

City Attorney Bauman said a lot of times they just inspect the connection. Under our ordinance, the lateral is the responsibility of the homeowner, but if there was a sink hole and we went out and dumped in there without getting with people, then . . .

Mr. Tate said in late March there was at least a 10 inch indention from the surface of the road down.

City Attorney Bauman said that was, obviously, we were not addressing the problem at that point and we should be.

Mr. Eiff said the biggest concern was that when it originally opened, it was obvious there was something wrong. Victor VanAllen actually pointed out the fact that no one said anything to him at the time and that he has actually made a comment to the Street Department, some of the people there, that something needs to be done here and it needed to be told to them and nothing was.

Mayor Margerum said I certainly agree with that and WWTU Director Darter can get in contact with you first thing tomorrow morning and we'll see what we can do.

Mr. Tate said thank you.

There being no further business at this time, Councilor Sparby moved for adjournment. Motion was seconded by Councilor Mills and passed viva-voce. The time being 10:26 P.M.

Office of the Clerk-TreasurerJudy Rhodes