14-Deliberate on drainage issues east of 42nd Street S.E.

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CITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 11 /24/09 Council Date: City Council Rhonda Rogers 14. 12/14/09 RECOMMENDED MOTION: Public hearing - not an action item POLICY ISSUE(S): Drainage BACKGROUND: th Street SE, As part of the public notification for the zoning change for the proposed nursing home on 47 some of the property owners on the east side of 42"d Street SE received notification letters. They wanted to use the public hearing at the second reading of the zoning ordinance to voice their concern about the nursing home's potential impact on drainage behind their homes. There was no public hearing for the second reading because the super majority rule was invoked and the ordinance was adopted on first reading. Regardless, drainage is not a zoning issue and would not have been addressed at the public hearing for zoning anyway. Additionally, the nursing home property drains towards 47th Street SE and does not impact 42"d Street SE. There is a drainage channel that runs behind the homes on 42"d SE. Primrose, Jasmine, and Oleander Streets are not part of the Morningside Addition and were developed after Morningside. When the later addition was built, the developer dedicated a drainage easement to the City and, per our subdivision regulations, lined the drainage way with concrete. When Morningside was developed, however, the developer did not dedicate a drainage easement to the City and the drainage way was left in its natural state. Approximately halfway down 42"d Street the creek enters a wooded area, narrows, and begins to take a meandering course. Over time, several property owners on 42"d Street purchased lots east of their homes and built footbridges to access the undeveloped lots. Heavy rains periodically have washed some of these bridges out, eroded parts of the creek bank, and flooded the backyards of some these homes. [CONTINUED] BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Council Member Agenda Item Request; Aerials ACTION: BUDGET INFO: ~ Financial Report ❑ Minute Order Expense $ ❑ Department Report ❑ Resolution Budgeted Amt. $ ❑ Presentation ❑ Ordinance y'I'D Actual $ ~ Public Hearing ❑ Other Acct. Name N/A Acct. Number N/A FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration 0 City Cletk ❑ Community Development ❑ EMS/IT E Finance ❑ Fire ❑ Municipal Court ❑ Legal ❑ Library ❑ Police E Eng./Public Works ❑ Utiliries City of Paris 76 Revised 2/04/08 A M