14-Deliberate on drainage issues east of 42nd Street S.E.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
[BACKGROUND CONTINUED]
Because there was no drainage easement dedicated to the City and the creek is private property, the City is
prevented from working on the problem. Even if the property owners are willing to dedicate an easement,
the City is not in a position to accept the unimproved drainage way because it does not meet our
development standards and the City has consistently required (as recently as with Mirabeau Square a
couple of months ago) that drainage structures meet City requirements before they are accepted by the City.
There does appear to be a problem with one storm water drain on 42°d Street and Public Works is
addressing the problem.
City of Paris 7-1 Revised 2/04/08
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COUNCIL MEMBER AGENDA ITEM REQUEST 151m•
Please complete this form if you wish to have an item placed on the agenda for a City Council
meeting. To allow adequate time to prepaze packets and to coincide with staff's deadline for
items, the due date for placing an item on the agenda is noon Thursday, 12 days prior to the
regular meetings on the second and fourth Monday of each month (i.e. the Thursday immediately
following a regular Monday meeting). In order for your fellow Council Members to fully
understand your item, have productive discussion, ensure efficient council meetings, and for staff
to be able to assist you as completely as possible, it is important that you describe the item with
as much detail as possible and include any supporting documentation so that it may be included
in the Council's meeting packets. Please return this completed form to the City Manager and
contact the City Clerk at (903) 784-9248 if you have any questions.
Council member making request:
❑ Will Biard
❑ Steve Brown
❑ Jesse Freelen
❑ Kevin Kear
❑ Joe McCarthy
❑ Edwin PiCkle
2TRhonda Rogers
'IECEt1/FD
NOV 2 4 2009
CP,~ A SER
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Are additional sheets or su p portin g materials attached? ❑ Yes ❑ No
I request that this item be placed an the agenda for the:
nCity Council meeting on this date:~..~.
❑ Sometime in the next 2 meetings
4ssues
Q o specifc tim.,~ .n mind -'ust keep it on a List of pending
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Sienatute: Date: /`~D
City oi Paris
Revised 11/19/08
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