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HomeMy WebLinkAbout07/22/91July 22, 1991 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m., on July 22, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Fox, Angel, Wright, Budak, Brown. Absent: Dell, Buck. Invocation by: Councilperson Josef Fox Pledge of Allegiance: Clerk/Auditor Larry P. Burger 97834 - Moved by Angel, seconded by Wright that the Agenda, as proposed, for the Regular Session on July 22, 1991, at 7:00 p.m., and the Minutes of the Regular Session on July 15, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 97835 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the renovation of Police and Planning and Development Departments, as published in the Waterloo Courier on July 5, 1991, be received and placed on file. Motion carried. 97836 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Brown, seconded by Fox that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-442. 97837 - Moved by Fox, seconded by Angel that "Resolution ordering construction", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-443. 97838 - Moved by Wright, seconded by Brown to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award of contract delayed until August 5, 1991): Bidder Don Gardner Const. Co., Waterloo, IA Huff Construction Co., Waterloo, IA Motion carried. HEARINGS 97839 - Moved by Budak, seconded by Fox Bid Bond Bid Amount 5% $77,960.00 5% $99,634.00 that proof of publication of notice of public hearing on request of Crystal Distribution Services to sell and convey various buildings and approximately 270,000 square feet of vacant land on former Rath Packing Co. site, as published in the Waterloo Courier on July 16, 1991, be received and placed on file. Motion carried. July 22, 1991 Page 2 Hearings - continued 97840 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bill Smith, attorney representing the Community Development Board, stated that the Chicago, Central & Pacific Railroad has reported that they may own a portion of the land that is to be conveyed to Crystal Distribution Services. He asked for a 60 day delay on the sale to allow an opportunity to resolve the issue with railroad officials. Moved by Budak, seconded by Brown that oral comments be received and placed on file and the hearing be adjourned to September 23, 1991. Ayes: Five. Absent: Dell, Buck. Motion carried. 97841 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of Comprehensive Systems, Inc. for amendments to Zoning Ordinance No. 2479, as amended, pertaining to residential group homes to allow intermediate care facilities for the mentally retarded to be considered as a community-based residential home, as published in the Waterloo Courier on July 5, 1991, be received and placed on file. Motion carried. 97842 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, reported that the Planning, Programming and Zoning Commission recommended denial of a proposed ordinance change that would allow intermediate care homes in "R-1" and "R-2" One and Two Family Residential areas. Currently, such facilities are allowed in "R-3" and "R-4" Multiple Family Residence Districts. Ralph Smith, representing Comprehensive Systems, stated that the purpose of the request was to allow up to three homes in single family residential districts for profoundly mentally retarded youths to live in a residential setting. Each of the homes would house four children and up to three staff members. He reported that many of the kids living in Charles City, home of their organization, are Waterloo residents and would prefer to live in their own community. Mr. Smith reported that the primary difference between residential care facilities and intermediate care facilities is that the later provides a residence for more profoundly handicapped individuals. Mr. Smith contended that disapproval of this request would violate federal law. Richard Turpen, Executive Director of Comprehensive Systems of Charles City, described the housing arrangements of existing homes in Charles City, and that the same concept is being sought for Waterloo residents in Waterloo. A Certificate of Need has been obtained from the State of Iowa to construct said facilities in Waterloo. Comprehensive Systems stated they would be willing to restrict the number of individuals per household if that was a factor in the Council's decision. Councilperson Budak stated that if the Zoning Ordinance is amended to allow such facilities, the city would be opening itself up to allow similar uses in single family residential areas. Councilperson Brown questioned why said facilities could not locate in currently zoned "R-3" and "R-4" Multiple Family Residence District areas. Scott Humble, a Cedar Falls resident, stated that his daughter resides in Charles City and would definitely prefer to have her in Waterloo to allow family interaction on a more regular basis. Forest Dillavou, 1725 Huntington Road, stated that said facilities could add an extra tax burden to Waterloo by locating these residents in our community. July 22, 1991 Page 3 Hearings - continued Rick Bertram, a resident of Waterloo, stated that he also has a child residing in Charles City and would much prefer to have his child in Waterloo. Mrs. Bertram commented that she has been very impressed with the facility in Charles City, and that the residents have been well received by people in the community. Sang -Ki Han, Assistant City Attorney, stated that the Planning, Programming and Zoning Commission's recommendation to deny the request was legally correct. He suggested that limiting the number of individuals in a household could present a legal problem. Representatives of Comprehensive Systems stated that they would be willing to work with city staff and council to resolve the issue. Moved by Budak, seconded by Fox that the recommendation of denial of the Planning, Programming and Zoning Commission and oral comments be received and placed on file and the hearing adjourned for three weeks to August 12, 1991 or until six councilpersons are present and that city staff be directed to work to resolve this issue. Ayes: Five. Absent: Dell, Buck. Motion carried. UNFINISHED BUSINESS 97843 - Moved by Brown, seconded by Angel that communication from City Engineer transmitting recommendation of award of contract to Aspro, Inc. and Subsidiaries of Waterloo, Iowa in the amount of $99,725.90, for the F.Y. 1991 Daniel Drive Paving R.I.S.E. Project No. RM -8155(9)--9D-07, Contract No. 416, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-444. PETITIONS FROM PUBLIC 97844 - Moved by Wright, seconded by Angel that communication from City Engineer transmitting request of Waterloo Service Co. for a temporary concrete driveway to be located at 141 Center Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-445. 97845 - Kevin Gillette, a member of the Family & Children's Council of Black Hawk County, Inc., asked the city to close the Sans Souci Bridge for approximately one hour to allow the racing of 10,000 ducks in the first annual Cedar Valley Duck Dash on Saturday, July 27,1991. Moved by Wright, seconded by Angel that communication from Cedar Valley Duck Dash Committee transmitting request for authorization to temporarily close Sans Souci Bridge on Saturday, July 27, 1991 approximately one hour before race time of 1:00 p.m., be received, placed on file and approved. Motion carried. DOCUMENTS 97846 - Moved by Brown, seconded by Angel that communication from City Planner transmitting Agreement No. 91-6-249 with the Iowa Department of Transportation for designing, letting, constructing and inspecting for reconstruction of Iowa Highway 21, FN -21-6(6)--21-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-446. July 22, 1991 Documents - continued 97847 - Moved by Brown, seconded by Angel that communication from City Contract with Wayne Claassen with F.Y. 1991 W.C.F.&N. RM -8155(8)--9D-07, Contract No be received, placed on file adopted and Mayor authorized Buck. Page 4 Engineer transmitting Construction Engineering Engineering and Surveying, Inc. in conjunction Drive Frontage Road Paving, R.I.S.E. No. . 417, together with recommendation of approval, and "Resolution approving said contract", be to execute same. Ayes: Five. Absent: Dell, Resolution adopted and upon approval by Mayor assigned No. 1991-447. 97848 - Moved by Brown, seconded by Angel that communication from City Engineer transmitting a Temporary Construction Easement with Power Engineering for use of a borrow area for site grading of the W.C.F.&N. Drive Frontage Road Paving, R.I.S.E No. RM -8155(8)--9D-07, Contract No. 417, together with recommendation of approval, be received, placed on file and "Resolution approving said easement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-448. 97849 - Moved by Brown, seconded by Angel that communication from City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Aspro, Inc. and Subsidiaries of Waterloo, Iowa, in the amount of $952,156.30 for the F.Y. 1991 Asphalt Overlay Program, Contract No. 409, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-449. 97850 - Moved by Brown, seconded by Angel that communication from Clerk/Auditor transmitting recommendation of award of three-year contract to Den Hartog & Hogan of Waterloo, Iowa for city audit for Fiscal Years 1991, 1992, and 1993, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-450. 97851 - Moved by Brown, seconded by Angel that communication from Executive Director of Waterloo Housing Authority transmitting Change Order No. 2 for work to be performed by Blackhawk Automatic Sprinklers to extend completion date to August 30, 1991 for the Ridgeway Towers Fire Protection Contract, 225 Ridgeway Avenue, be received, placed on file and approved and Mayor authorized to execute same. Motion carried. 97852 - Moved by Brown, seconded by Angel that communication from City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa, in the amount of $161,570.34. for the F.Y. 1991 W.C.F.& N. Drive Frontage Road Paving, R.I.S.E. Project No. RM -8155(8)--9D-07, Contract No. 417, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-451. July 22, 1991 Page 5 Documents - continued 97853 - Moved by Brown, seconded by Angel that communication from City Planner transmitting a subcontract with Winter and Company to conduct a statewide training program for historic preservation, together with recommendation of approval, be received, placed on file and "Resolution approving said subcontract", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-452. RESOLUTIONS TO BE ADOPTED 97854 - Moved by Angel, seconded by Wright that "Resolution approving Procurement Policy and Code of Standards of Conduct for the Waterloo Housing Authority and public housing development located at 225 West Ridgeway Avenue", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-453. 97855 - Moved by Angel, seconded by Wright that "Resolution accepting Quit Claim Deed from Black Hawk County for property located at 1631 Sycamore Street located in the Rath Tax Increment District", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-454. 97856 - Moved by Angel, seconded by Wright that "Resolution approving transfer of land from Power Engineering and Manufacturing for public use in conjunction with F.Y. 1991 W.C.F.&N. Drive Frontage Road Paving, R.I.S.E. Project No. RM -8155(8)--9D, Contract No. 417", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-455. 97857 - Moved by Angel, seconded by Wright that "Resolution accepting title and possession of the Dunsmore House located at 902 Logan Avenue from the African American Historical Association", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-456. ORDINANCES TO BE ADOPTED 97858 - Dave Hershberger, 4202 Cardinal Drive, reported that his experience with the Overlay District is that the process is too long and that too many bureaucratic strings are attached. He asked that the Council consider elimination of the ordinance because it does not aid in the beautification of the corridor. Bob Stevenson, City Planner, stated that to date, 28 projects have been approved utilizing the Overlay District regulations and that the average review time has been 22 days. He reported that the Design Review Board meets on a monthly basis or as needed to review projects. Mr. Stevenson stated that the projects that have been presented by Mr. Hershberger were not complete, and that Mr. Hershberger had not ever submitted them for formal review by the committee. Mr. Hershberger responded that the property remains vacant and that he has lost $2,000 a month on the property. Mayor McKinley stated that it is the desire of the city to retain the ordinance and work with adjacent property owners to conform to the ordinance. The city has no desire to abandon the ordinance because it is sketching the future of our city adjacent to the corridor. July 22, 1991 Page 6 Ordinances to be Adopted - continued Councilperson Brown asked that the city continue to accommodate adjacent property owners on a timely basis. Moved by Brown, seconded by Angel that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to the Highway Corridor Overlay District (H -C)", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Dell, Buck. Motion carried. BILLS PAYMENT 97859 - Moved by Angel, seconded by Budak that "Resolution approving Schedule A918, pp. 1-68, in the amount of $831,394.56, dated July 22, 1991, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Four. Abstain: Fox. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-457. NEW BUSINESS 97860 - Moved by Budak, seconded by Brown to instruct City Planner to prepare plans, specifications, form of contract, etc., for the West Fourth Street Sidewalk and Lighting Improvements, Contract No. 422, be received, placed on file and approved. Motion carried. 97861 - Moved by Budak, seconded by Brown that plans, specifications, form of contract, etc., for the West Fourth Street Sidewalk and Lighting Improvements, Contract No. 422, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-458. 97862 - Moved by Budak, seconded by Brown that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 12, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991.-459. 97863 - Moved by Budak, seconded by Brown to instruct City Engineer to prepare plans, specifications, form of contract, etc., for the F.Y. 1992 Intake Replacement Program, Contract No. 427, be received, placed on file and approved. Motion carried. 97864 - Moved by Budak, seconded by Brown that plans, specifications, form of contract, etc., for the F.Y. 1992 Intake Replacement Program, Contract No. 427, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-460. July 22, 1991 New Business - continued 97865 - Moved by Budak, seconded by Brown Page 7 that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 5, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-461. 97866 - Moved by Budak, seconded by Brown to instruct City Planner to prepare plans, specifications, form of contract, etc., for the Relocated Westfield Avenue Reconstruction, Contract No. 419, be received, placed on file and approved. Motion carried. 97867 - Moved by Budak, seconded by Brown that plans, specifications, form of contract, etc., for the Relocated Westfield Avenue Reconstruction, Contract No. 419, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-462. 97868 - Moved by Budak, seconded by Brown that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 19, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-463. 97869 - Moved by Budak, seconded by Brown to instruct City Planner to prepare plans, specifications, form of contract, etc., for the West Mullan Area Road Improvements, Contract No. 421, be received, placed on file and approved. Motion carried. 97870 - Moved by Budak, seconded by Brown that plans, specifications, form of contract, etc., for the West Mullan Area Road Improvements, Contract No. 421, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-464. 97871 - Moved by Budak, seconded by Brown that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 12, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-465. 97872 - Moved by Budak, seconded by Brown to instruct City Engineer to prepare plans, specifications, form of contract, etc., for the F.Y. 1992 Sidewalk Repair Block Grant Program - Zone 3, Contract No. 410, be received, placed on file and approved. Motion carried. July 22, 1991 Page 8 New Business - continued 97873 - Moved by Budak, seconded by Brown that plans, specifications, form of contract, etc., for the F.Y. 1992 Sidewalk Repair Block Grant Program - Zone 3, Contract No. 410, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-466. 97874 - Moved by Budak, seconded by Brown that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 12, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-467. 97875 - Moved by Budak, seconded by Brown that communication from Superintendent of Water Pollution/Flood Control transmitting recommendation of appointment of Marilyn Austin to the position of Clerk I, effective August 1, 1991, be received, placed on file and approved. Motion carried. 97876 - Moved by Budak, seconded by Brown that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of Gene Kuebler, Margaret Carson and Bill Lemke to the Metropolitan Transit Authority Board of Directors for another three year term, with term expiration date of July 1, 1994, be received, placed on file and approved. Motion carried. 97877 - Moved by Budak, seconded by Brown to instruct Planning and Development Director to prepare plans, specifications, form of contract, etc., for the City Hall Renovation of Police and Planning and Development Departments Asbestos Removal be received, placed on file and approved. Motion carried. 97878 - Moved by Budak, seconded by Brown that plans, specifications, form of contract, etc., for the City Hall Renovation of Police and Planning and Development Departments Asbestos Removal be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-468. 97879 - Moved by Budak, seconded by Brown that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 5, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-469. July 22, 1991 Travel Requests 97880 - Moved by Wright, seconded by Angel Page 9 that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. D.L. Gilbertson, Police Officer, to attend FBI Hazardous Devices School in Huntsville, AL, on August 4-9, 1991, with costs not to exceed $240.00. 2. Tom Lanigan, Fire Lieutenant, to attend Fire/Arson Investigative School in Des Moines, Iowa, on September 30 - October 11, 1991, with costs not to exceed $508.50, including the use of city vehicle. 3. Carl Carrier and Becky Christie, Police Investigators, to attend Investigating Complex Drug Cases seminar in Des Moines, Iowa, on July 24 and 25, 1991, with costs not to exceed $400.00. 4. Larry Hahn, Police Sergeant, to attend Cap Stun Instructor School in Waterloo, Iowa, on August 8, 1991, with costs not to exceed $185.00. Motion carried. MISCELLANEOUS 97881 - Moved by Wright, seconded by Angel that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and cigarette permit applications be received, placed on file and approved. 1. Beer & Liquor License Permit Application Class C Web's Pizza Pub, 504 Riehl (Renewal) (Expires 8/12/92) (Includes Sunday Sales) Jim's Lounge, 1406 Commercial Street (Renewal) (Expires 8/6/92) Bandits, 1927 Jefferson Street (New Owner) (Expires 8/7/92) (Includes Sunday Sales) Cigarette Permit Application Four (4) Motion carried. BONDS 97882 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through July 22, 1991 be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 97883 - Jerry Derifield, 227 Courtland Street, reported that his nephew, James Derifield, was severely injured at the Mitchell Avenue sandpits over the past weekend. He urged the Council to close the area as it is not monitored enough by the Police Department. He presented petitions representing over 50 persons in support of closing the area. Police Chief Bernie Koehrsen stated that the area is recognized as a real problem for the Police Department, but due to personnel shortages enforcement efforts are spread throughout the city. As calls for service are requested, officers do respond. He reported that the area is frequented by young adults and characterized with late night partying, drinking and illegal use of drugs. Sandy Galle, aunt of the Derifield victim, suggested that the officers issue tickets to persons in the area. July 22, 1991 Page 10 Oral Presentations - continued Mayor McKinley stated that this problem is a sign of a much larger problem in our society whereby parents allow their children to be in unsupervised areas and condone drinking and the use of illegal drugs. Until society recognizes these problems and rectifies the situation, the city can expect to have these problems continue. Mel Smelser, 2235 Temple Avenue, stated that several years ago he had suggested that the area be utilized as a RV park. At that time, estimated costs of fencing and gating the area was $48,000. With fencing and a gate, admission could be charged and control given to who enters and exits the park. Mayor McKinley responded by stating that in addition to the fencing cost, the city would also need to budget money to maintain the site. The city has sought state and federal funding, including REAP funding, but to no avail. The Mayor suggested that everyone stay out of the area. He reported that several years ago, when the State of Iowa had increased the entrance fees at George Wyth State Park, park revenues decreased since persons then avoided usage of the park. Mel Smelser brought to the Council's attention a brochure urging voters to vote "no" in the upcoming election scheduled for August 6, 1991 (change the form of government to city manager). He stated that several weeks ago, the City of Waterloo had authorized the sale and conveyance of property to Dick Witham and UTE Corporation of which Rick Young is a partner. Mr. Young was also listed on the "Vote No Brochure" as a contributor. Mr. Smelser stated that this was patronage and did not approve of this action. A resident of LaPorte City urged that the Council not close down the Mitchell Avenue sandpits as it is an area used by motorcyclists in the area. The resident at 1126 Washington Street stated that with the entrance into the city's Water Pollution Control Plant, it would be difficult to shut the area off. He urged the city to address the sandpit problem. Councilperson Angel stated that she had received complaints of roofing companies hauling shingles along Greenhill Road with many blowing onto the roadway and right-of-way. Chief Koehrsen stated that tickets have been issued to_violators and that they will continue to monitor the area. Jennifer Shay, 222 1/2 Hammond Avenue, stated that as a member of Expo Alternative School, she was a part of a group that cleaned the sandpit area earlier in the spring. She was dismayed to learn that the area is now very dirty and no signs of their work remains. Moved by Brown, seconded by Angel that the above oral comments be received and placed on file and the Council adjourn at 8:45 p.m. Motion carried. Larry P. Burger City Clerk/Auditor