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City Council meeting of November 9, 1998 <br />Page 2 <br />PETITION TO RCWD <br />The Council considered a report from attorney Paul Haik regarding his findings on the obstructions <br />present in Judicial Ditch 2 (Hardwood Creek). Mr. Haik stated that, in his opinion, it is obvious that <br />Judicial Ditch 2 has been obstructed by the installation of culverts at CR4 and Harrow Avenue at an <br />improper elevation, and such obstructions have increased the sedimentation and decreased the flow <br />rate in the channel. He stated that the appropriate method for correcting this situation is for the <br />RCWD to conduct a public hearing on the obstructions, and order their adjustment to the proper <br />elevation by the authorities who had constructed the culverts. He also stated that the owners of <br />property, who were assessed for the construction of the ditch, still had a property right in its <br />continued operation and function as originally constructed, and that, in his opinion, the City should <br />pursue protecting both the property owners and the City's rights in the adequate operation repair of <br />the ditch. <br />FEGOWI RENTALS <br />The City Attorney then informed the Council that he had just completed a side discussion with the <br />developers for the FEGOWI RENTALS subdivision, and that they had a concern with posting of the <br />letter of credit for the construction of 152nd Street. At the time of the subdivision, it was envisioned <br />that 152nd Street in the development area would be constructed to serve what is known as Parcel A <br />of the subdivision, and they had not set a time to develop the property. Posting of the letter of credit <br />at this time would be an undue burden on the property owners. <br />Miron made motion, Barnes seconded, to reconsider the Development Agreement for FEGOWI <br />RENTALS. <br />All aye. Motion Carried. <br />Miron made motion, Leroux seconded, to amend the Development Agreement to state that the <br />developer shall post a letter of credit for the construction of 152n Street across the property, at such <br />time as the road is required to be constructed under the terms of the Development Agreement. <br />All aye. Motion Carried. <br />1999 PROPOSED BUDGET <br />Ron Otkin, the City's Finance Director, then addressed the Council regarding the proposed 1999 <br />budget. He explained that when the City established its maximum property tax rate in September, <br />e City's tax capacity was unknown, but it was assumed it would increase 5% for payable 1999. The <br />City recently received its actual tax capacity for 1999, showing an increase of only 3.3%, resulting in <br />an increase of the City's urban tax rate by 1.4% and the City's rural tax rate by 1.35%. In order to <br />maintain a stable property tax rate in 1999, it will be necessary to decrease the City's proposed <br />property tax levy for 1999 by approximately $15,000. Mr. Otkin recommended that this <br />