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HomeMy WebLinkAboutMinutes-12/11/2006December 11, 2006 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, December 11, 2006. Mayor Timothy J. Hurley in the Chair. Roll Call: Kincaid, Welper, Gunderson, Greenwood, Getty, Schmitt. Absent: Cole. Moment of Silence. Pledge of Allegiance: 124627 - Schmitt/Kincaid Councilperson Reggie Schmitt. that the Agenda, as proposed, for the Regular Session on Monday, December 11, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. 124628 - Schmitt/Kincaid that the Minutes, as proposed, for the Regular Session on Monday, December 4, 2006, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Cole. Motion carried. CONSENT AGENDA 124629 - Schmitt/Kincaid that the following items on the consent agenda be received, placed on file and approved: a. Resolution to approve the following: 1. Resolution approving Schedule AP640, pp. 1-77, dated December 11, 2006, in the amount of $2,760,076.97, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2006-1063. b. Motion to approve the following: 1. Tom Jennings, Police Chief, to attend Law Enforcement Executive Development Seminar in Quantico, Virginia on January 14-26, 2007, with costs not to exceed $125.00. 2. James Bartlett, Police Investigator; and Todd Wilson, Civilian Planner; to attend Foundation of Intelligence Analysis Training in Des Moines, Iowa on December 10-15, 2006, with costs not to exceed $1,000.00, including use of city vehicle. 3. Gary Heinick, Associate Engineer, to attend Certified in Professional Erosion & Sediment Control Review Course in Ankeny, Iowa on January 11, 2007, with costs not to exceed $235.00, including use of city vehicle. 4. Tim Hurley, Mayor; Don Temeyer, Community Planning & Development Director; Noel Anderson, City Planner; and Rudy, Jones, Community Development Director; to meet with Congressional Delegation Members in Washington, DC on March 23-27, 2007, with cost not to exceed $6,480.00. c. Beer/Liquor License Permit Application Class C The Locker Room Lounge, 1918 Hawthorne Avenue (Renewal) (Expires 12/31/07) (Includes Sunday Sales) d. Bonds. Ayes: Six. Absent: Cole. Motion carried. December 11, 2006 HEARINGS & BIDS 124630 - Gunderson/Welper that proof of publication of notice of public hearing on 2006 Riverfront Stadium Grandstand Roof Replacement, as published in the Waterloo Courier on November. 24, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. Page 2 124631 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Getty that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 124632 - Gunderson/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2006 Riverfront Stadium Grandstand Roof Replacement", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1064. 124633 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1065. 124634 - Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Advance Builders, Cedar Rapids, Iowa Vis Ltd., Marshalltown, Iowa Modern Builders, Waverly, Iowa Ayes: Six. Absent: Cole. Motion carried. 124635 - Gunderson/Welper that proof of publication of notice of public hearing on 2006 at 1101 Campbell Avenue, as published in the Waterloo Courier 2006, be received and placed on file. Ayes: Six. Absent: carried. 124636 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Getty that the hearing be closed. Ayes: Six. Absent: Cole. Motion carried. 124637 - Gunderson/Greenwood Bid Bond 5% 5% 5% Base Bid $218,000.00 $136,485.00 $122,800.00 Alternate 1 $214,000.00 $136,485.00 $137,350.00 Storage Building on November 24, Cole. Motion that "Resolution confirming approval of etc. in conjunction with 2006 Storage adopted, Ayes: Six. Absent: Cole. Resolution adopted and upon approval by 124638 - Gunderson/Schmitt plans, specifications, form of contract, Building at 1101 Campbell Avenue", be Mayor assigned No. 2006-1066. that "Resolution ordering construction in be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by conjunction with above said Mayor assigned No. 2006-1067. project", December 11, 2006 Hearings & Bids continued 124639 - Gunderson/Welper Page 3 to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Bond Base Bid Alternate 1 Michael Huff Construction, Waterloo, Iowa 5% $248,725.00 $14,178.00 Porter and Porter LLC, Independence, Iowa 5% $293,600.00 $15,588.00 Ayes: Six. Absent: Cole. Motion carried. 124640 - Gunderson/Welper that proof of publication of notice of public hearing on East Park Avenue Parking Ramp Repairs, as published in the Waterloo Courier on November 17, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124641 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Gunderson/Getty that the hearing be closed. Ayes: Six Absent: Cole. Motion carried. 124642 - Gunderson/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with East Park Avenue Parking Ramp Repairs", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1068. 124643 - Gunderson/Schmitt that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1069. 124644 Gunderson/Welper to receive, file and instruct City Clerk to open and read bids and refer to Building Official/Maintenance Administrator for review: Bidder Bid Bond Bid Amount Borwig Building Srvc. 5% $129,600.00 Waterloo, Iowa Cramer & Associates 5% $136,300.00 Des Moines, Iowa Western Water Proofing 5% $106,801.85 West Des Moines, Iowa Ram Building Restoration & Water Proofing 5% $80,500.00 Little Canada, MN Truesdell Corp. 5% $128,880.00 Tempe, Arizona Ayes: Six. Absent: Cole. Motion carried. Councilperson Gunderson noted that there is a discrepancy on some of the bids for the East Park Avenue Ramp Repair Project, and that he is concerned that whoever gets the bid they don't come in later and have change orders increasing the cost for work that was bid. Councilperson Gunderson stated he hopes the Building Maintenance Administrator will review these contractors to make sure they will be able to do the work that is required and do it for what they bid and not ask for increases halfway through the project. Mayor Hurley commented that every time we open bids the next step is that staff reviews them very closely to see that they are on the up and up, and he is sure Mr. Cutwright will do that. December 11, 2006 HEARINGS Page 4 124645 - Getty/Greenwood that proof of publication of notice of public hearing on request of National Retail Properties for a site plan amendment to the "S-1" Shopping Center Commercial District for property generally located at 1411 Flammang Drive for the purpose of a 4,000 sq. ft. addition on the northeasterly corner of the existing building, as published in the Waterloo Courier on November 22, 2006, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124646 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Greenwood that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file Ayes: Six. Absent: Cole. Motion carried. 124647 - Getty/Greenwood that "Resolution approving said site plan amendment", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1070. UNFINISHED BUSINESS 124648 - Welper/Gunderson that communication from Fire Chief .transmitting recommendation to reject all bids and set a new date of hearing in conjunction with Purchase of Emergency Generators for Fire Stations 1, 3, 4, 5, 6 and 8, be received, placed on file and approved. Prior to a vote on the above motion, the following comments were heard. In answer to a question from Councilperson Getty, Ned DeBerg, Fire Chief, stated that Station #1 currently has a generator located in the basement, which has been there since the building was built. The other fire stations do not have generators at this time. Councilperson Getty asked if the Fire Chief ever thought of buying two good sized generators and using a trailer. Not all fire stations will go down at the same time, and then they can be pulled out to a station that is having a problem. Chief DeBerg responded they have never actually looked at it that way. Since the generators will be purchased through Homeland Security Fire Act grant funding, they felt they have the opportunity to do it the way they feel is best and that is to locate a generator at each station. Chief DeBerg stated if there is a storm that takes the power out, the garage door openers don't work. The doors will go up, but it is not easy to get them 'down, so they don't take the time to put the doors down if they go out. A thunderstorm could take one, three or four stations' electrical out of service for a period of time. The generators are actually being put in each station in case of a disaster in Black Hawk County or the City of Waterloo. Each area of town where these stations are located are considered safe havens, so they can keep at least one building in these areas of town up and running so neighbors have a place to go. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Motion carried. 124649 - Schmitt/Greenwood that communication from Contracts and Grants Coordinator transmitting recommendation of award of contract in the amount of $24,025.00 to Lehman Trucking & Excavating of Waterloo, Iowa in conjunction with General Obligation Bond Demolition Project, Contract No. 145 -D -G0-11-27.06, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1071. December 11, 2006 REPORTS 124650 - Gunderson/Greenwood Page 5 that communication from Waterloo Water Works General Manager transmitting Calendar Year 2007 Budget, be received, placed on file and "Resolution approving said Calendar Year 2007 Budget", be adopted and City Clerk instructed to file same with the Black Hawk County Auditor. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1072. DOCUMENTS 124651 - Gunderson/Greenwood that communication from Senior Planner transmitting request of Charlotte Bolden for tax exemptions on improvements totaling $103,137.80 for 734 Mobile Street located in , the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1073. 124652 - Gunderson/Greenwood that communication from Senior Planner transmitting request of Donald Holub for tax exemptions on improvements totaling $6,500.00 for 518 East 24d Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1074. 124653 - Gunderson/Greenwood that communication from Senior Planner transmitting request of Donald Holub for tax exemptions on improvements totaling $18,000.00 for 514 East 2nd Street located in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Assessor of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1075. Mayor Hurley reported with council approval tonight on the CURA tax exemptions that brings the year-to-date fiscal 07 at 17 properties improved or new investment of $1,440,000.00. Mayor Hurley reviewed the total number of applications and total value for the years 1999-2006, which shows a total value of $27,750,000.00 over that period of time. Mayor Hurley noted that in those eight years the city has had new investments in parts of the city that traditionally would not bring that kind of investment if it weren't for the CURA. Over those eight years, we have had an average of 40 applications with $3.5 million in total value per year. 124654 - Welper/Greenwood that communication from Community Planning and Development Director transmitting consulting service agreement with Howard R. Green Company at a cost not to exceed $170,000.00 for the Downtown Hazardous Substance Assessment Grant Project, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1076. 124655 - Welper/Greenwood that communication from Community Planning and Development Director transmitting consulting service agreement with Howard R. Green Company at a cost not to exceed $175,000.00 for the Downtown Petroleum Assessment Grant Project, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes:` Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1077. December 11, 2006 Documents continued Page 6 124656 - Welper/Greenwood that communication from Police Chief transmitting Memorandum of Understanding with the Boy Scouts of America to establish an Explorer Post in partnership with the Waterloo Police Department, be received, placed on file and "Resolution approving said memorandum of understanding", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1078. 124657 - Welper/Greenwood that communication from Airport Director transmitting lease agreement with Mobile Money, Inc. for ATM machine at the Waterloo Airport for the period of May 7, 2006 through November 15, 2007, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1079. 124658 - Kincaid/Schmitt that communication from Community Development Director transmitting application with U.S. Department of Housing and Urban Development for FY07 Economic Development Initiative Special Purpose grant in the amount of $396,000.00 to be utilized for acquisition and rehabilitation of the Cedar Valley Tech Works facility, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1080. 124659 - Kincaid/Schmitt that communication from Assistant City Engineer transmitting construction plans for sanitary sewer serving Greenbelt Centre Plat No. 1, as submitted by Schenk Engineering of Waterloo, Iowa, and Sewage Treatment Agreement with Iowa Department of Natural Resources, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1081. 124660 - Kincaid/Schmitt that communication from Assistant City Engineer transmitting Notice of Discontinuation of storm water discharge covered under Iowa NPDES General Permit No. 2 for construction activities in conjunction with F.Y. 2005 Garden Avenue Area Relief Sanitary Sewer, Contract No. 664, be received, placed on file and "Resolution approving said notice", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1082. 124661 - Kincaid/Schmitt that communication from Community Planning & Development Director transmitting agreement with TallGrass Historians for professional services at a cost not to exceed $24,994.00 to provide Section 106 Evaluation of the TechWorks buildings, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1083. 124662 - Schmitt/Greenwood that communication from Director of Cultural & Arts Commission transmitting Change Order No. 5 for a net increase in the amount of $58,610.00 for work to be performed by Cardinal Construction in conjunction with Youth Pavilion For The Center For The Arts, be received, placed on file and approved and Mayor authorized to execute same. December 11, 2006 Page 7 Documents continued Prior to a vote on the above motion, the following comments were heard. Councilperson Getty stated he asked Michelle Weidner for a printout today. He is interested in finding out if we are within our budget for the Youth Pavilion that we bid out for contract. Councilperson Getty stated he knows there is Vision Iowa money and bond money involved. We keep having change orders adding and then next week we get a decrease, then another increase and another increase. Councilperson Getty explained he finds the printout confusing, but it looks like the printout says we budgeted $4,446,000.00 and so far we have spent $5,076,195.00, and he just wants to make sure we are where we are suppose to be with this project. Michelle Weidner, Chief Financial Officer, explained when we let this contract originally there was a portion that is actually a piece of the Vision Iowa project. The $5,076,195.00 figure that Councilperson Getty quoted includes both the Youth Pavilion piece and the Vision Iowa piece, but the funding available for the Youth Pavilion only is $4.4 million and the contract commitments that she is aware of today for the Youth Pavilion only are only $4.3 million. We continue to have adequate funding for the Youth Pavilion only, and we have another source of funding for the Vision Iowa piece which we also at this time have adequate funding. Ms. Weidner stated it is her understanding that with the current change order we do have enough funding for everything. Ms. Weidner explained if you take the Vision Iowa funding of $709,000.00 plus the $4.3 million for the Youth Pavilion, it comes to 5,076,195.00 which is the actual total contracts that have been let for the project. This amount includes contingency and a few other things put in there to make sure we are keeping all of our funding in order. Councilperson Schmitt stated the construction committee meets every month, and the projects moving along, we are still within the budget, we are still within the contingency that was established in the contract. Councilperson Gunderson noted the change order says it is to add a new ceramic studio as per plans and asked if the studio is above and beyond the original contract. Councilperson Schmitt responded there was a ceramic studio in the original plans, but it wasn't located in the exact same place in the facilities so there was some additional HVAC, electrical and maintenance work that had to be done to move it. Roland Ganter, representing InVision Architecture, stated the ceramics studio was actually not included in the original contract with the contractor because the scope of work wasn't fully defined. All the programming wasn't done, all the input wasn't made, so we are adding a ceramics studio, and it is work that we are getting apples to apples, we are getting more for what we are paying for. The ceramics studio was dislocated out of the current location when the community theater took over their space and the Art Center was always looking for a new space for it. We are doing that work now by renovating space in the existing building. We are not adding new construction, but this is a renovation project essentially. Councilperson Gunderson asked if any other large changes are going to be coming to the council for this project or are we about to a point where we are done making changes. Mr. Ganter responded he does not think there is anything as large coming out anymore, a few smaller items. One item that will go through, but that is separate funding, is the exhibition design that he believes was separately approved by the council. That is another amount that is already in the budget, but he doesn't believe that was in the construction contract because it is not Cardinal Construction doing it, that is the actual exhibits not the building. Mayor Hurley commented that Cammie Scully, Director of Cultural & Arts Commission, is on the road right now out east picking up some work, but if you had asked him, he would have said a ceramics studio was included in the original plan. Mayor Hurley noted he will have that conversation with Ms. Scully when she gets back. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Motion carried. December 11, 2006 Documents continued 124663 - Schmitt/Greenwood Page 8 that communication from Director of Cultural & Arts Commission transmitting Letter of Agreement with the Eastern Iowa Tourism Association for $1,000.00 grant for special events advertising and $1,000.00 grant for special events promotion, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1084. 124664 - Schmitt/Greenwood that communication from Police Chief transmitting agreement with Iowa Homeland Security and Emergency Management Division for a grant in an .amount not to exceed $366,305.50, with no required match, for Law Enforcement Terrorism Prevention Program (FY2006-LETPP-LEIN2-02), be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1085. NEW BUSINESS 124665 - Gunderson/Getty to instruct Fire Chief to prepare specifications, form of contract, etc. in conjunction with Purchase of Emergency Generators for Fire Stations 1, 3, 4, 5, 6 and 8, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 124666 - Greenwood/Getty that specifications, form of contract etc. in conjunction with Purchase of Emergency Generators for Fire Stations 1, 3, 4, 5, 6 and 8, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124667 - Greenwood/Schmitt that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described purchase", be adopted. Prior to a vote on the above motion, the following comments were heard. Ned Deberg, Fire Chief, reported the cost for this project is right around $263,000.00. The Fire Act grant for this year is 80 percent federally funded and 20 percent city funded, so the city's match is going to be $53,000.00 to $55,000.00. The balance of the cost will be funded by Homeland Security. Chief DeBerg noted this will be the third time they sent it out for bids. The first time, bid specifications were sent to three companies and two bids were received. Neither bid met the specifications. The second time specifications were sent to three companies, and one bid was received which did not meet the specifications. This is the third try, and the Fire Department will send the specifications to three companies again in hopes that one of them gets it right. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1086. 124668 Greenwood/Welper - that "Resolution setting date of hearing on specifications, form of contract, etc. as January 22, 2007 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1087. 124669 Gunderson/Greenwood to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with Five Sullivan Brothers Convention Center Security Alarm, be received, placed on file and approved. Ayes: Six. Absent: Cole. Motion carried. 4) • December 11, 2006 New Business continued 124670 - Gunderson/Greenwood Page 9 that specifications, form of contract etc. in conjunction with Five Sullivan Brothers Convention Center Security Alarm, be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. 124671 - Gunderson/Schmitt that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1088. 124672 - Gunderson/Schmitt that "Resolution setting date of hearing on specifications, form of contract, etc. as January 8, 2007 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1089. 124673 - Getty/Welper that communication from General Manager of Waterloo Water Works transmitting request to certify the amount of $2,989.00 for work performed by the Water Works at 1210 Columbia Street, together with recommendation of approval of Waterloo Water Works Board of Trustees, be received, placed on file and "Resolution approving said request", be adopted and City Clerk instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1090. 124674 - Getty/Welper that communication from City Attorney transmitting Ground Lease with Planergy Waterloo, LLC for lease of a two acre portion of the Lagoon Digester area in conjunction with the Gas Rights Agreement, be received, placed on file and "Resolution setting date of hearing as January 2, 2007, at 5:30 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1091. 124675 - Getty/Welper that communication from City Planner transmitting request to set date of hearing as January 2, 2007 on proposal packets received for sale and conveyance of property generally located at the southwesterly corner of West 10th Street and Jefferson Street, be received, placed on file and "Resolution setting date of hearing as January 2, 2007 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1092. 124676 - Getty/Welper that communication from City Planner transmitting request to set date of hearing as January 2, 2007 on the sale and conveyance of two metal pole buildings generally located at the corner of East 8th Street and Sycamore Street, be received, placed on file and "Resolution setting date of hearing as January 2, 2007 at 5:30 p.m. in the City Hall Council Chambers and taking of bids on above described purchase", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2006-1093. December 11, 2006 ORAL PRESENTATIONS 124677 - Kathy Engels, 1438 E. Dunkerton Rd., addressed the council on behalf of her daughter. Her daughter recently acquired a house that was her grandfather's house, and they have every intention of keeping this house in decent condition. However, they have had some recent severe vandalism in which all of the windows were broken out and there was wiring cut in the basement so that the electricity could not be used. Her daughter worked real hard at her job to save the money that Scott's Electric needed to fix the wiring, and during the course of them trying to obtain a permit, they were told they needed to have a city furnace inspector person out there. The city inspector called her daughter on the phone and told her that they were not going to issue any permits to her until she first fixed up the outside of the house. Ms. Engels noted now it is winter time, and she thinks that common sense would dictate that one would first fix up the things inside before they would finish those outside things. Her daughter has done a great deal of improvement with the outside of the property already, considering all of the vandalism that was done to the house. Ms. Engels asked the council to consider that perhaps that type of comment to her daughter was intended to deprive her of her property and her right to fix that up and to continue to own it. Ms. Engels stated she personally experienced a little bit of coercion like that when she owned a three stall -garage and was told to finish the other half of the roof, half of it was finished. It would have cost more than a $1,000.00 according to the way the Inspection Department wanted to say that job was worth. She agreed to tear it down, and that was a real sturdy building, but she didn't fight it. Ms. Engels stated she feels this kind of went too far. Ms. Engels stated her daughter's home is located in the CURA area at 515 Elm Street. Page 10 Mayor Hurley asked Lou Cutwright, Building Official, to get the details from Ms. Engels and to look into her concerns. Getty/Schmitt that the above oral comments be received and placed on file. Ayes: Six. Absent: Cole. Motion carried. ADJOURNMENT 124678 - Gunderson/Greenwood that the Council adjourn at 6:16 p.m. Ayes: Six. Absent: Cole. Motion carried. Nancy }9bkert, CMC City Clerk