Loading...
HomeMy WebLinkAbout05/18/92May 18, 1992 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 May 18, 1992. Mayor Albert C. Manning, Jr., in the Chair. Roll Call: Dell, Fox, Buck, Wright, Budak. Absent: Angel Invocation by: Mayor Al Manning Pledge of Allegiance: Explorer Post 510 --Travis Dehut, Michael Fischels, Michael Hoing, Jina Siglin 99332 - Moved by Buck, seconded by Dell that the Agenda, as amended, for the Regular Session on Monday, May 18, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, May 11, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 99333 - 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 F.Y. 1992 Industrial Wastewater Pretreatment Facilities, Contract No. 435, as published in the Waterloo Courier on April 28, 1992, be received and placed on file. Motion carried. 99334 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. 99335 99336 Kathy Oberle, 710 Forest Avenue, questioned the need for this expenditure for IBP. She stated that the City continues to expend funds at taxpayers' expense. John Meyer, Public Works Director, stated that the specifications had been changed for the original bid opening, but would not significantly change the operation of the facility. The project is being funded with $3 million in sewer revenue bonds sold by the City last year and annual sewer revenue from IBP and Eagle Ottawa Tannery totalling $1.3 million. John Woods, representing Landlords of Iowa, Inc., asked whether the City will be producing methane gas for sale. Mr. Meyer stated that once the facility is in operation, revenue of approximately $150,000 per year could be generated. Moved by Budak, seconded by Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-251. - Moved by Buck, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-252. - Moved by Fox, seconded by Wright to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation and award of contract be delayed: Bidder E. B. Spencer Engineer Co., Waterloo, IA Peterson Contractors, Inc., Reinbeck, IA Fagen, Inc., Granite Falls, IA Motion carried. Bid Bond Bid Amount 5% $3,456,000.00 5% $3,372,411.00 5% $3,193,790.00 May 18, 1992 HEARINGS 99337 - Moved by Dell, seconded by Budak Page 2 that proof of publication of notice of public hearing on changing the name of a portion of Rainbow Drive from Conger Street to Ansborough Avenue to be known as Ansborough Avenue, as published in the Waterloo Courier on May 12, 1992, be received and placed on file. Motion carried. 99338 - 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 Buck, seconded by Wright that the hearing be closed. Motion carried. 99339 - Moved by Buck, seconded by Wright that "Resolution changing the name of a portion of Rainbow Drive generally located from Conger Street to Ansborough Avenue to be known as Ansborough Avenue", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-253. PETITIONS FROM PUBLIC 99340 - Moved by Budak, seconded by Wright that communication from City Planner transmitting request of Ben & Dick's Auto Parts and adjoining property owner to vacate the sidewalk along the east side of West Tenth Street, north of Commercial Street, together with recommendation of denial of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 8, 1992 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-254. 99341 - Moved by Budak, seconded by Wright that communication of City Engineer transmitting request of David L. Heideman for a temporary concrete driveway to be located at 2736 Logan Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-255. 99342 - Moved by Budak, seconded by Wright that communication from City Planner transmitting site plan amendment request of Fitzgerald's Grill & Pub to enlarge parking lot at 360 East Ridgeway Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 8, 1992 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-256. 99343 - Moved by Budak, seconded by Wright that communication from City Planner transmitting request of George Shimek to vacate, sell and convey a portion of the alley between West Sixth and West Seventh Street, north of Commercial Street, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 8, 1992 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-257. May 18, 1992 Petitions from Public - continued 99344 - Moved by Budak, seconded by Wright Page 3 that communication from City Planner transmitting request of George Shimek to purchase City -owned property located between Commercial Street and the Cedar River and W. 7th and W. 8th Streets in conjunction with alley vacation in Block 14, Original Plat Waterloo West, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 8, 1992 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-258. 99345 - Moved by Budak, seconded by Wright that communication from City Planner transmitting request of George Marquart to rezone from "C-1" Commercial District and "C-2" Commercial District to "C -Z" Conditional Zoning property generally located on Logan Avenue and north of Airline Highway to allow expansion of the existing manufacturing site, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 8, 1992 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-259. 99346 - Mary Martin, 4104 Ansborough Avenue and representing Dog Days - Run in the Sun, Inc., stated that the request is necessary to allow vending during the one -day flea market. Greyhound Park had indicated a willingness to vend but informed them only one week ago that they would not be able to accommodate vending. Proceeds from the event will be contributed to the AEA 7 Multiple Sclerosis League. Moved by Budak, seconded by Wright that communication from City Engineer transmitting request of Dog Days - Run in the Sun, Inc. to close the west lane of Greyhound Drive to provide room for vendors for an auto show and flea market on May 24, 1992, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-260. REPORTS 99347 - Moved by Buck, seconded by Fox that communication from the Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program for May 1992 be received and placed on file. Motion carried. DOCUMENTS 99348 - Moved by Buck, seconded by Fox that communication from Planning and Development Director transmitting request of U.S. West Communications Inc. for an easement for an underground fiber optic cable communications line for the access drive to the Virden Creek Dam site generally located off Moline Road and bounded by East Big Rock Road, Sage Road and East Airline Highway be received, placed on file and "Resolution approving said request", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-261. May 18, 1992 Documents - continued 99349 - Moved by Buck, seconded by Fox Page 4 that communication from Clerk/Auditor transmitting recommendation to extend audit services with Carney, Alexander, Marold & Co., Certified Public Accountants, for the audit of the city sewer revenue funds for F.Y. 1992, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-262. 99350 - Moved by Buck, seconded by Fox that communication from Waterloo Redevelopment Authority Director transmitting recommendation to extend the completion date of the contract with the Ninth Square Management Company at no additional cost from May 31, 1992 to October 31, 1992, be received, placed on file and "Resolution approving said extension", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-263. 99351 - Moved by Buck, seconded by Fox that communication from Associate Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Rampart Corporation in conjunction with F.Y. 1992 Intake Replacement Program, Contract No. 427, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-264. 99352 - Moved by Buck, seconded by Fox that communication from Associate Engineer transmitting Maintenance Bond from Rampart Corporation in conjunction with F.Y. 1992 Intake Replacement Program, Contract No. 427, be received, placed on file and approved. Motion carried. 99353 - Moved by Buck, seconded by Fox that communication from City Planner transmitting the F.Y. 1993-1997 Capital Improvements Program, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Capital Improvements Program", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-265. 99354 - Vonnie Jackson, 1838 Howard Avenue, questioned whether the asbestos had been removed from the structures. Staff reported that asbestos has been removed. In response to continued questioning from Ms. Jackson, the addresses for each of the locations to be demolished were given as well as the cost for each. Moved by Buck, seconded by Fox that communication from Transportation Program Manager transmitting recommendation of award of Demolition Contract E -92(D) to Dilley Excavation Inc. in the amount of $13,500, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-266. 99355 - Moved by Buck, seconded by Fox that communication from Transportation Program Manager transmitting recommendation of award of Demolition Contract D -92(D) to Dilley Excavation Inc. in the amount of $17,600.00, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-267. May 18, 1992 Documents - continued 99356 - Moved by Buck, seconded by Fox Page 5 that communication from Associate Engineer transmitting Change Order No. 2 for a net decrease of $2,088.80 for work performed by Rampart Corporation in conjunction with F.Y. 1992 Intake Replacement Program, Contract No. 427, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. RESOLUTIONS TO BE ADOPTED 99357 - Larry P. Burger, Clerk/Auditor, stated that this transfer will allow for the payment of debt service expenses in the downtown area with funds generated from the Tax Increment Fund. Moved by Fox, seconded by Wright that "Resolution transferring from the Tax Increment Financing Fund the sum of Four Hundred Sixty Two Thousand Dollars and No Cents ($462,000.00) to the Debt Service Fund", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-268. 99358 - Larry P. Burger, Clerk/Auditor, stated that this transfer would allow for the payment of employee related expenses, including insurance, FICA, and IPERS. Funds are levied in the trust and agency fund and expended out of the general fund. Moved by Fox, seconded by Wright that "Resolution transferring from the Trust and Agency Fund the sum of Two Million Three Hundred Twenty Thousand Dollars and No Cents ($2,320,000.00) to the General Fund", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-269. 99359 - Moved by Fox, seconded by Wright that "Resolution approving the partial acquisition contract payment and accepting the deed for Parcel No. 1 (Dunn International Grain Services) for $18,600.00 in conjunction with the U.S. 63 Katoski Greenbelt Project (C.F. Junction RR Right -of - Way)", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-270. 99360 - Moved by Fox, seconded by Wright that "Resolution releasing the City's interest in Heartland Hills Subdivision relating to requirements for development and substantial completion", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-271. 99361 - Moved by Fox, seconded by Wright that "Resolution transferring from the Old East Side Library Renovation Fund the sum of $7,627.84 and reallocating $3,442.41 of bond proceeds to the City Hall Renovation Fund", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-272. ORDINANCES TO BE ADOPTED 99362 - Moved by Buck, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 35 to Section 2A -7N Conditional Zoning Certain Property -- request of Patricia Mowatt to rezone property generally located at 74 West Airline Highway", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Angel. Motion carried. May 18, 1992 Ordinances to be Adopted - continued 99363 - Moved by Budak, seconded by Wright Page 6 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 36 to Section 2A -7N Conditional Zoning Certain Property -- request of Pat McGeough to rezone property generally located at the northwest corner of Black Hawk Road and Ansborough Avenue", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Angel. Motion carried. 99364 - In response to a question from Councilperson Dell, Don Temeyer, Planning and Development Director, stated that this property is being vacated as public right- of-way but will remain in City possession. The property will no longer be used for vehicular traffic. Moved by Wright, seconded by Dell that "an Ordinance vacating a portion of Bluff Street generally located between West Eighth and West Ninth Street", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Angel. Motion carried. 99365 - Moved by Wright, seconded by Budak that "an Ordinance amending the 1991 Traffic Code by repealing Section 91, Riding Bicycle in Sidewalk in Business District; and enacting in lieu thereof a new Section 19, Riding Bicycle on Sidewalk in Business District", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Angel. Motion carried. BILLS PAYMENT 99366 - Moved by Wright, seconded by Dell that "Resolution approving Schedule A918, pp. 1-63, dated May 18, 1992, in the amount of $1,657,684.77, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Four. Abstain: Buck. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-273. NEW BUSINESS 99367 - Moved by Dell, seconded by Fox to instruct City Engineer to prepare plans, specifications, form of contract, etc. for F.Y. 1992 Street Reconstruction Program - No. 2, Contract No. 430, be received, placed on file and approved. Motion carried. 99368 - Moved by Dell, seconded by Fox that plans, specifications, form of contract, etc., for the F.Y. 1992 Street Reconstruction Program - No. 2, Contract No. 430, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-274. 99369 - Moved by Dell, seconded by Fox that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as June 8, 1992, at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-275. 99370 - Moved by Dell, seconded by Fox that communication from Superintendent of Water Pollution/Flood Control transmitting recommendation of appointment of Duane Covington and Patrick Spitzner to the positions of Operators -In -Training, be received, placed on file and approved. Motion carried. May 18, 1992 New Business - continued 99371 - Moved by Dell, seconded by Fox Page 7 that communication from City Engineer transmitting recommendation of appointment of Derrick Gibbs to the position of Engineering Technician, subject to passing the required physical examination, be received, placed on file and approved. Motion carried. 99372 - Moved by Dell, seconded by Fox that communication from Director of Parks and Forestry transmitting recommendation of appointment of Scott Destival to the position of Park Maintenance I, subject to passing the required physical examination, be received, placed on file and approved. Motion carried. 99373 - Mayor Manning stated that due to the absence of Councilperson Angel, he recommended that action on an appointment to the position of At -Large Councilperson be tabled for one week. Councilperson Dell supported the general public voting on this issue. Kathy Oberle, 710 Forest Avenue, asked that the Council call for an election on filling said vacancy. She and other members of the public favor this approach. Councilperson Budak stated that he would support an election only if the position were being appointed by one individual, but this appointment is an entire Council decision. Councilperson Dell expressed his concern for the added cost of an election and also about the length of time this decision has taken. Vonnie Jackson, 1838 Howard Avenue, stated that citizens only hear about the money crunch when it comes to spending money that will eventually benefit the people. She asked where the money concerns are when speaking of employees' wages and pensions. Mayor Manning stated that collective bargaining agreements dictate the negotiated salaries. Bill Kammeyer, 721 Denver Street, stated that he did not withdraw from the process voluntarily but had been asked whether he was willing to run for an election. When he responded that he would not, his name was eliminated from consideration. He stated that he did not believe in an election for this position, and that the business of running city government should be turned back to the elected officials. He asked that the City not spend money on an election and instead spend the money on keeping the Library open more hours. Mel Smelser, 2235 Temple Avenue, asked that the Council make a decision and not allow the indecisiveness to continue. Mayor Manning stated that the Council is in a no-win situation. If not enough time is taken, the Council will be criticized. If too much time is taken, they are accused of being indecisive. Shirley Koslowski, 816 Archer Avenue, stated that she too was disappointed in the process and felt that a criteria for being interviewed should not have been whether a candidate was willing to run for election. She asked that the Council consider reopening the interview process to other interested individuals. Mayor Manning stated that interviews were scheduled for one day and only one candidate indicated that they were not able to make it on that day. It was the Mayor's decision not to interview this individual and reconvene the Council. Larry P. Burger, Clerk/Auditor, stated that the Iowa Code requires that a replacement be named by the Council within 40 days of the effective date of resignation. Mary Lichty, 535 West Wellington Street, resented Bill Kammayer's comments. Councilperson Dell stated that this process allowed public input by listening to the candidates' ideas and philosophy on various issues. Councilperson Fox stated that public input in the process was not a problem but rather the lack of leadership in handling the situation. May 18, 1992 Page 8 New Business - continued Mayor Manning responded by stating that the process was very carefully carried out, and that a further delay was to allow Council input into the decision. He suggested that perhaps Mr. Fox has a problem and not the process. Councilperson Fox stated that leadership is needed, and that the City must get on with carrying on its business. He asked the Mayor to put forth a name for consideration of this position. Mayor Manning presented the name of Bill Lemke for consideration. Moved by Dell, seconded by Fox that "Resolution appointing an At -Large Councilperson to fill the vacancy created by the resignation of Councilperson Bob Brown", be tabled for one week. Ayes: Wright, Budak. Nays: Dell, Fox, Buck. Absent: Angel. Motion not carried. 99374 - Moved by Budak, seconded by Dell that "Resolution appointing Bill Lemke as At -Large Councilperson to fill the unexpired term of Robert Brown", be adopted. Ayes: Four. Nays: Fox. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1992-276. 99375 - Moved by Dell, seconded by Wright that a Resolution calling for an election for At -Large Councilperson to fill the unexpired term of Robert Brown be placed on the Council agenda of May 26, 1992. Motion carried. Travel Requests 99376 - Moved by Dell, seconded by Budak that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Randy Petersen, Lieutenant, to attend Fire/Arson Investigation Course at the National Fire Academy in Emmitsburg, Maryland, on May 25 - June 5, 1992, with costs not to exceed $165.00. All other expenses will be paid by the U.S. Government. 2. Tom Tietjens, Medical Supervisor, to attend Management of Emergency Medical Services Course at the National Fire Academy in Emmitsburg, Maryland, on June 8 - 19, 1992, with costs not to exceed $165.00. All other expenses will be paid by the U.S. Government. 3. Stephen L. Weliver, Fire Equipment Operator, to attend Fire Service Instructional Methods Course at the Fire Service Academy in Emmitsburg, Maryland, on June 1 - 12, 1992, with costs not to exceed $165.00. All other expenses will be paid by the U.S. Government. 4. Gary W. Simons, Superintendent, John T. Shea, Wastewater Facilities Supervisor, and Jack E. Loynachan, Operations Coordinator, to attend the IWPCA 1992 74th Annual Meeting in Okoboji, Iowa, on June 9 - 12, 1992, with costs not to exceed $295.11, each. Motion carried. MISCELLANEOUS 99377 - Moved by Dell, seconded by Budak 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 applications for dance license and outdoor service area be received, placed on file and approved: 1. Beer & Liquor License Permit Application Class C Goodies Inc., 115 Sumner Street (Renewal) (Expires 6/08/93) (Includes Sunday Sales) May 18, 1992 Page 9 Miscellaneous - continued 2. Beer License Permit Application Class B Black Hawk Tennis Club, 1005 Black Hawk Road (New) (Expires 5/20/93) (Includes Sunday Sales) 3. Beer/Wine License Permit Application Class E Phar -Mor, 200 Crossroads (New) (Expires 5/27/93) (Includes Sunday Sales) 4. Liquor License Permit Application Class E Phar -Mor, 200 Crossroads (New) (Expires 5/27/93) (Includes Sunday Sales) Application for Dance License Eclipse Lounge, 211 W. 18th Street Application for Outdoor Service Area Press Box Lounge, 501 West 4th Street (5/23/92 - 5/24/92) Motion carried. BONDS 99378 - Moved by Wright, seconded by Budak that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through May 18, 1992, be received, placed on file and approved. Motion carried. ORAL PRESENTATIONS 99379 - Carol Ennenga stated that as owner of property at 1504 Lafayette Street, she has been told that she cannot expand due to the Powers Manufacturing Expansion. She stated that she had not been adequately notified of the plans for the area. Don Temeyer, Planning and Development Director, stated that the Phase I Expansion plans did not include said property, and that the entire neighborhood had been informed of the proposed plan. He stated that City staff would be willing to work with Ms. Ennenga if she was willing to proceed with acquisition. Only in the case where the property owner and the City cannot agree on terms of the sale would condemnation be utilized. This is a police power that the City exercises with all due respect and caution. Councilperson Dell suggested that City staff, Councilmembers and Ms. Ennenga meet to discuss detailed plans for the area and to proceed accordingly. Councilperson Buck stated that the decision to proceed with the Powers Manufacturing Expansion and assistance from the City was a policy decision of the Council. Any animosity toward the plan should be directed at Councilmembers and not City staff. Mel Smelser, 2235 Temple Avenue, congratulated Bill Lemke for his appointment to the position of At -Large Councilperson. He encouraged the Mayor and Council to bring in "new blood" and clean sweep the board and commission positions. He urged that the Council consider two terms as a maximum length of time to serve on city boards and commissions. Mayor Manning stated that he shared this philosophy. Shirley Koslowski, 816 Archer Avenue, thanked Mayor Manning for his comments that terms of office for boards and commissions should be limited. She questioned the phrasing on the agenda under Item Nos. 32 and 33 that included the wording of "subject to passing the required physical examination." Jim Rodemeyer, Personnel Director, stated that all job descriptions are being rewritten in accordance with the Americans With Disabilities Act (ADA). Donald Semmelroth relayed an incident involving a dangerous tree limb not being removed from a tree in city right-of-way in the area of West Eighth and Hawthorne Avenue. After several attempts to deal with the Park and Forestry Department, the Fire Department was summoned to remove the limb. Rick Tagtow, Director of Parks and Forestry, stated that staff was aware of the problem and had determined it was not a hazard and defended the response time of the department. Initially, it was thought that the tree had been trimmed by IPS and that the branch had been left by them. This was not the case. It was emphasized that the department acted as prudently as possible with manpower limitations. May 18, 1992 Page 10 Oral Presentations - continued Tony Bradfield, 2706 East Fourth Street, stated that the property located at the intersection of Gable and East Fourth Streets is in total disrepair. A recent fire has left the residence in shambles and trash has accumulated. City staff will investigate. He also stated that there is considerable illegal dumping at the intersection of East Fourth and Donald Streets and asked that this matter be reviewed. City staff will investigate. Moved by Buck, seconded by Budak that the above oral comments be received and placed on file. Motion carried. 99380 - Mayor Manning administered the oath of office to Bill Lemke. Moved by Buck, seconded by Dell that the Oath of Office for At -Large Councilperson Bill Lemke be received and placed on file. Motion carried. ADJOURNMENT 99381 - Moved by Buck, seconded by Wright that the Council adjourn at 8:52 p.m. Motion carried. Larry P. Burger City Clerk/Auditor