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Councilmember Talbot stated that since the elm was diseased, allowing it to remain in the yard negatively affects other trees. Councilmember Lindstrom agreed, stating it was required by law to get rid of the tree. • Administrator Worthington then stated the City has been working with the owner since June, and she is unable to pay outright to a contractor for this work. She noted that the owner is in non-compliance with state law requiring the removal of diseased elms. Councilmember Lamb reiterated again, when is it appropriate for government to act as a commercial lender. He stated he had a problem with lending to an individual. Mayor Gehrz then added that it is due to timeliness and the nature of Dutch elm. She stated her confidence in staff that the best option was secured for getting the tree taken care o£ She noted that the action is allowed by city policy and state statute, although rare. Administrator Worthington then added that this instance is the only time the City has used this type of mechanism. She commended the City Forrester and Public Works, and noted that voluntary compliance was strived for but did not work out. She also added that the assessment will stay with the property until it is paid off. Councilmember Kuettel then asked if the property is sold in five years, can a new owner simply pay the balance off. Administrator Worthington replied they could. The motion was made by Councilmember Lindstrom to approve assessment of the costs associated with removing the elm to the homeowner's property taxes. The motion unanimously passed. 4. Adoption of Resolution 2005-20 to support establishment of a Technical Advisory Committee (TACK for the Capitol Region Watershed's (CRWD) Rulemaking Process Administrator Worthington gave an overview of the rulemaking process to date. She explained that a TAC is necessary because the state statute establishing watershed districts and watershed management organizations requires such organizations to establish a technical advisory committee made up of • representatives from affected local government units in the watershed, which will ensure the rulemaking process takes into consideration the concerns of local units of government. She noted the Watershed Board met on Nov. 16t" and took action to extend the comment period for cities to Dec. 15t" Mayor Gehrz asked Administrator Worthington to expand more on rules translating to homeowners thru taxes. Administrator Worthington explained that since 2000, each city has been operating thru a memorandum of understanding (MOU) rather than rulemaking. Rulemaking would add permits, reviews by the CRWD on redevelopment projects, in addition to zoning. She added a TAC needs to be formed to better represent cities in the rulemaking process. Councilmember Kuettel asked whether the Dec. 15t" deadline was extended by CRWD. Administrator Worthington answered it was, in time for the 14t" council meeting. Councilmember Lamb moved to approve resolution OS-20 to support establishment of a Technical Advisory Committee (TAC) for the Capitol Region Watershed's (CRWD) Rulemaking Process. The motion was unanimously approved. 5. Final Draft 2006 Budget and Goals-For Discussion Purposes Only Mayor Gehrz relayed notification of the TNT hearing on Dec. 5`" at 7:00 p.m. At that time, staff will present changes to the '06 budget and will be available to answer questions. She noted the TNT hearing will also be the last chance for the council to make changes. Administrator Worthington stated the goals are formatted as a "track changes" so amendments are visible. Councilmember Lindstrom asked whether the spreadsheet with percentages of increase will be available. Administrator Worthington answered a full description, including those breakdowns, would be available on the St" . Councilmember Lamb commended Finance Director Olson for his knowledge and expertise. Administrator Worthington echoed Lamb's comments. 4 ~CHG02:40069922.v1 ~9/28/OS 11:33 AM