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continue the program to allow accessory apartments, put a cap of $350,000, to include <br />annual adjustments based on annual assessment increases. <br /> <br /> Mr. Lynch seconded the motion and suggested an amendment to sunset the <br />program on September 1, 2007. <br /> <br /> Mr. Caravati asked Mr. Lynch would be amenable to reviewing the ordinance on <br />September 1, 2005 and he agreed. <br /> <br /> Mr. Brown asked for clarification that the annual assessment increase would be <br />based on the average increase for resident properties, and Mr. Schilling said yes. <br /> <br /> Mr. Brown suggested that the first reading of the ordinance be placed on the <br />consent agenda for the next meeting. <br /> <br /> Council directed staff to prepare the ordinance as moved above by the following <br />vote. Ayes: Dr. Brown, Mr. Caravati, Ms. Hamilton, Mr. Lynch, Mr. Schilling. Noes: <br />None. <br /> <br />ORDINANCE: CONVEYANCE OF CITY RIGHT-OF-WAY (7th STREET AND <br />JEFFERSON) (2nd reading) <br /> <br /> Mr. Brown said that the ordinance as approved on first reading had a sales price <br />of $3,300 for 150 square feet of property. He said Councilors had asked for a cost <br />estimate to improve or replace the sidewalk and curb on the 7th Street side. He said the <br />cost estimate from City Engineering is for $4,245.27 to build a 5 lA foot wide sidewalk <br />with a handicapped accessible ramp. He said that the property owner's estimate was <br />higher, but was for the entire length of the block rather than just along the property line. <br />He said the property owners have agreed to the City's estimate in lieu of the fair market <br />value. <br /> Mr. Chip Royer, Attorney for the property owner, noted that the original price for <br />the property was $3,300, but he said the property owner will agree to pay the $4,245.27 <br />figure and have the City do the sidewalk work because of the discrepancy in the cost to <br />build the sidewalk. <br /> <br /> Mr. Lynch said that if we accept the applicant's offer he thinks it is incumbent on <br />the City to build the sidewalk within a reasonable amount of time, and asked if it can be <br />built within a year. <br /> <br /> Mr. Tolbert said he thinks that is reasonable. He asked that Council direct that the <br />money be appropriated to the sidewalk fund, and asked also that they stipulate that the <br />property owner put in a temporary sidewalk (gravel) until the City is able to do the <br />repairs. <br /> <br /> Mr. Caravati asked if the property owner damages the sidewalk, is it not their <br />responsibility to fix it. <br /> <br />Mr. Tolbert said the sidewalk is already pretty damaged. <br /> <br />Ms. Hamilton said the argument for accepting the offer is persuasive. <br /> <br /> Dr. Brown agreed with Ms. Hamilton and said he welcomes them to the <br />neighborhood. He said it is a good faith offer on their part to up the offer for the property <br />and have the City do the work, and he will support it. <br /> <br /> Mr. Brown said that the ordinance needs to be amended to reflect a sales price of <br />$4245.27. <br /> <br /> Mr. Lynch made a motion to amend the ordinance to add a sales price of <br />$4245.27, to appropriate that amount into the CIP sidewalk fund, and that the property <br />owner be required to maintain the sidewalk with a gravel surface until repairs are made. <br />Ms. Hamilton seconded the motion to amend. <br /> <br /> <br />