10/21/2003 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 10/21/2003 Rice had already undertaken services on a portion of the prior contract and had already ~, undergone efforts to satisfy his obligations under that contract and develop a physical security plan, the committee unanimously agreed that the contract with Mr. Rice would move forward with one amendment. The amendment that was offered and passed was that the contract used would be one approved by the Director of Law and at least scanned by him and approved by him prior to the city entering into it, which did not happen previously. Councilman Nashar inquired if the prices for ice time and refreshments were competitive with other recreation centers. Councilman Gareau said that the facility uses a range of fees which are established by the Recreation Commissioner who consults with the Recreation Commission. We have been competitive on ice time but have lost business to new facilities. As to concessions, he has been working with the Law Director, Recreation Commissioner and Safety Director to revamp the contract to recapture some lost revenue. There are less people at the center, so less food is being sold. AUDIENCE PARTICIPATION Ethel Clark, 76 Vista Circle, representing her neighbors expressed concern over problems with their buildings. The properties are less than 10 years old, but the residents have experienced water damage that has cost as much as $1,600. Water damage is occurring in the B suites, which are over the C suites. In her building, the window around the main part of the B suite was completely rotten as the windows were not weatherized. She has a list of 15 people who have had water damage. Mrs. Clark believes that Shorewest and Mr. Bower should not have any building rights in the city until she and her neighbors have some compensation for their problems. All 53 of the suites will probably have a problem eventually. As of now, about 20 have problems, and there have been water problems since they were built. In her building, each resident paid $1,600 to a roofer because part of the roof had to be redone. She is going to give Building Commissioner Conway a copy of the documents she has, and he said he could give them to the Law Director. She just wanted Council to be cognizant of the facts about these problems. Barbara Torre, 215 Vista Circle, said she has a 2 to 4 foot hole in her dinette ceiling caused by the water damage and nobody wants to take responsibility for it. Water damage upstairs is seeping down and is rotting everything. She would like the builder to be held responsible. Councilman Nashar asked whether the residents had sought legal counsel. Mrs. Clark responded that she has hired a lawyer, but she first wanted to see what the city could do for the residents. Councilman Limpert asked the Law Director if it was within the city's rights to have a moratorium or sanction on the builder. Law Director Dubelko said that he cannot give legal advice for private interests. It was a good decision to hire a private attorney to look at the issue broadly. The city does register and license contractors and bad workmanship can be grounds for suspending or revoking a license. That code chapter is administered by the Building Commissioner, so Mrs. Clark is correct in sending information to that department. If Mr. Conway has indicated that he will be coming to him for legal advice as to what remedy might be appropriate, then it is in the right place. 11