MINUTES OF THE LAFAYETTE COMMON COUNCIL May 5, 2008 REGULAR MEETING The Common Council of the City of Lafayette, Indiana met in regular session on Monday May 5, 2008 at 7:00 p.m. in the City Hall Council Chambers, 20 North 6th Street, Lafayette, Indiana. President Campbell called the meeting to order at 7:00 p.m. The Pledge of Allegiance was given to the flag of our Country. President Campbell expressed condolences on behalf of the Council to Councilman Brown on the recent passing of his father and requested a moment of silence/prayer for Councilman Brown and his family. The following members were: Present: Heide, Klinker, Meyer, Cornstuble, Brown, Novak, Weast-Williamson, Downing and Campbell. The City Clerk stated that there was a quorum present. City Clerk Cindy Murray and City Attorney Ed Chosnek were present. Councilman Meyer moved to approve the minutes from the April 7, 2008 regular meeting. Councilman Brown seconded. The motion passed by unanimous voice vote. The Clerk stated that there were no Claims, Petitions or Communications. The Clerk stated the following reports are available in the City Clerk's Office: Fleet Maintenance/Street Department Monthly-March, 2008 Clerks Office Monthly-March 2008 Water Works Monthly ­ March 2008/Annual 2007 Water Pollution Control Monthly ­ March 2008 Police Department Monthly-March 2008

President Campbell requested a motion to allow the following Ordinances to be heard out of order on the agenda due to possible lengthy public comment on Ordinance 2008-04. Councilman Meyer moved for approval, Councilman Cornstuble seconded. The motion passed by unanimous voice vote. Ordinances for First Reading: The Clerk read Ordinance 2008-13 (An Ordinance to Amend the Zoning Ordinance of Tippecanoe County, Indiana, to Rezone Certain Real Estate, from NBU to R3, 6th & Salem St-Lindberg Properties LLC, Petitioner) by title only on first and final reading. Councilman Cornstuble moved for passage, Councilman Downing seconded. Dan Teder, Attorney for petitioner spoke regarding the proposal. Pearl Speakman 923 S. 22nd St spoke in opposition to the rezoning. Michael Hunt, 602 N 5th St, Centennial Historic Neighborhood, expressed concern that this rezone would set a precedent and undo neighborhood plans that associations have worked so hard to create. Councilman Meyer also spoke regarding concern for the neighborhood association plans. Ordinance 2008-13 passed 7-1 on a roll call vote as follows on first and final reading. Ayes: Heide, Klinker, Cornstuble, Brown, Novak, Williamson and Downing Nays: Meyer 1

The Clerk read Ordinance 2008-14 (An Ordinance to Amend the Zoning Ordinance of Tippecanoe County, Indiana, to Rezone Certain Real Estate from GB to I1, 601 Sagamore Pky North, RJ Investments Properties Inc., Petitioner) by title only on first and final reading. Councilman Cornstuble moved for passage, Councilman Klinker seconded. Ordinance 2008-14 passed 8-0 on a roll call vote on first and final reading.

Ordinances for Second Reading: The Clerk read Ordinance 2006-27 (An Ordinance Vacating a Certain Right-of-Way and Designating the Time when the same shall Take Effect, Mennen Builders, Inc. Petitioner) by title only on second and final reading. Councilman Downing moved to table Ordinance 2006-27 until the June 2, 2008 meeting. Councilman Heide seconded. The motion passed to table Ordinance2006-27 by unanimous voice vote. The Clerk read Ordinance 2008-04 amended (An Ordinance to add Chapter 9.04 Entitled Smoking in Public Places and Places of Employment) by title only on second and final reading. Councilwoman Weast-Williamson moved for passage. Councilman Downing seconded. Councilman Meyer moved to amend Ordinance 2008-04 amended with the following amendments: Add to: Section 9.04.030(b), Prohibition of Smoking in Public Places: (b)Smoking shall be allowed outdoors, except where prohibited by other applicable laws, provided that, however, smoking shall be prohibited within ten (10) feet of any entrance to a non-exempt public place so as to insure that tobacco smoke does not enter the area though entrances, windows, ventilation systems, or any other means.

Add to: Section 9.04.050, Where Smoking Not Regulated: (8)Any business that, during all hours of operation: a. b. c. allows no customer to enter any area of the business therein who is under the age of twenty-one (21); and employs no person in any area of the business therein who is under the age of twenty-one (21); and is not physically located within a business otherwise required to be smoke free by this Chapter.

Add to: Section 9.04.060(c), Posting of Signs-Removing of Paraphernalia (c) Any public place or place of employment exempted from this chapter shall clearly and conspicuously post the following sign at every entrance: "Warning, Tobacco smoke may be present" In addition any exempt business under Section 9.04.050 (3),(5), and (8) shall be required to post clearly and conspicuously at every entrance the following sign: "Warning: This is a Smoking Establishment."

Councilman Brown seconded. The following Council members spoke in opposition to the proposed amendments, Councilman Downing, Councilman Cornstuble, Councilwoman Novak and Councilwoman Weast-Williamson.

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The following citizens spoke regarding the proposed amendments: Mike Crose, 2529 Crestview Ct. Pearl Speakman, 923 S.22 Street Tim Filler, Hoosier Faith and Health Coalition Ben Wissel, 935 So.4th Street Frank Fawbush, 2310 N.18th Street Mary Cook, 1835 Windy Hill Drive Eric Cox, Owner Cox's Pub Lloyd Wells, 3717 Rawlings Dr Frank Rosenthal, Purdue University Jay Milligan, owner Checkerboard Linda McHood, 4429 Fiddlesticks Miranda Spitznagle, Indiana Tobacco Prevention Sam Denton, America Heart Association Kyle Berryman, 3311 Runyon Donn Brown, 1235 Meadowview Drive Tammy Loew, Lafayette resident Don Schreiber, Lafayette resident Sarah Nash, 3005 Rampart St. Employee Cox Pub Earl Stanton, Lafayette resident Bob Novak, Lafayette resident Teica Eckman, Lafayette resident Walt Foster, Owner Other Pub Terry Masterson, 1115 Central Street Harry Brown, Lafayette resident Heather Maddox, 1824 Vinton Street Laurie Ann Cummings, 1415 Oak Street Melissa Lewis, Indiana Public Health Association Amendment passed 5-4 on a roll call vote as follows: Ayes: Heide, Klinker, Meyer, Brown and Campbell Nays: Cornstuble, Novak, Weast-Williamson and Downing President Campbell requested a motion for an implementation date for Ordinance 2008-04 amended. Councilman Meyer moved for starting date to be January 1, 2009, Councilman Heide seconded. Councilwoman Novak moved for starting date to be September 1, 2008. Councilwoman WeastWilliamson seconded. Councilman Meyer rejected the request to amend his motion, stating his date was to accommodate the City Attorney and Engineering to prepare for enforcement. Mayor Roswarski spoke in support of the January 1, 2009 start date to allow Engineering to complete their busy season and prepare for implementation of this ordinance. Councilman Klinker spoke in support of January 1, 2009. President Campbell stated he believes the September 1st start date allows for plenty of time to implement. Melissa Lewis, Indiana Public Health Association stated her agency is available to assist counties with this process; and one to three months should be sufficient time to prepare. President Campbell called for a roll call vote for start date of January 1, 2009. Motion failed 3-5 on a roll call vote as follows. Ayes: Klinker, Meyer and Brown Nays: Heide, Cornstuble, Novak, Weast-Williamson and Downing Councilman Cornstuble moved to amend Ordinance 2008-04 amended with start date September 1, 2008, Councilwoman Novak seconded. The Amendment passed 7-1 on a roll call vote. Ayes: Heide, Klinker, Meyer, Cornstuble, Novak, Weast-Williamson and Downing Nayes: Brown Amended Ordinance 2008-04 amended passed 7-1 on a roll call vote on second and final reading as follows. Ayes: Heide, Klinker, Meyer, Cornstuble, Novak, Weast-Williamson, and Downing Nays: Brown

Resumed Ordinances for First Reading: The Clerk read Ordinance 2008-15 (An Ordinance for Appropriation of Local Option Highway User Tax County Wheel Tax-Fund #249 and Motor Vehicle Highway Funds-Major Moves-Fund #201) by title only 3

on first reading. Councilman Meyer moved for passage, Councilman Brown seconded. Jenny Bonner, City Engineer spoke regarding the various road resurfacing and rehabilitation projects scheduled for the summer. Ordinance 2008-15 passed 8-0 on a roll call vote on first reading. Council Brown moved to set a Public Hearing June 2, 2008 at 7:01 pm. Councilman Klinker seconded. The motion passed by unanimous voice vote.

There were no Resolutions There were no Reports of Standing Committees. There were no Reports of Special Committees.

Mayor Roswarski thanked all council members for their hard work and effort that went into the Smoking Ordinance. Mayor Roswarski stated that we will continue to move forward with the daily operations to make this a great city. Miscellaneous or New Business: None Reports of Councilman: None Public Comment: Pearl Speakman 923 So. 22nd Street spoke regarding a residence that is unsafe and full of trash. Mary Cook thanked the Council for being willing to listen and compromise with the citizens of Lafayette. With no further business to come before the Council, Councilman Heide moved to adjourn, Councilman Brown seconded. Meeting was adjourned at 9:55 pm. Minutes prepared by Cindy Murray, City Clerk Complete audio of meeting available in the City Clerks office or at www.lafayette.in.gov

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