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106 <br /> <br />STAFF REPORT: DRAINAGE <br /> <br /> Mr. Clyde Gouldman presented the first part of a two <br /> part report which addressed the following legal issues <br /> involved with the Rock Creek drainage problem: 1) whether <br /> the City is legally responsible for the erosion in <br /> Orangedale because a mistake was made by the City in <br /> approving the subdivision; and 2) whether the City <br />contributes to the problem because water drains from City <br />streets and other City owned property into Rock Creek. Mr. <br />Gouldman stated that a review of the subdivision approval <br />process, dates involved, and flood plain data on handlat the <br />time of the initial Planning Commission review and approval, <br />rebuts the claims that the City is legally responsible. Mr. <br />Gouldman stated that, assuming surface water does drain from' <br />City streets and property into Rock Creek, established legal <br />principles governing natural water courses and surface water <br />allow the City to drain such water into a natural <br />watercourse. In addition, Mr. Gouldman stated that a <br />municipality is not liable for failure to abate the natural <br />and ordinary flooding of lands on the banks of a natural <br />watercourse or drainage area. Mr. Gouldman explained that <br />staff are in the process of preparing part two of the <br />drainage report which will address other issues involved in <br />the Rock Creek drainage situation as well as how future and <br />past projects could be impacted should Council agree to fund <br />the improvements. <br /> <br /> Mr. Toscano raised questions about the 14th Street <br />drainage project and asked whether the Rock Creek drainage <br />problem was currently the worst situation in the City. <br /> <br /> Ms. Waters stated that she understood that other serious <br />flooding problems existed in the City, but on a smaller scale <br />than Rock Creek. <br /> <br /> Ms. Judith Mueller, Director of Public Works, stated <br />that several current drainage problems impact structures and <br />the 14th Street project involves a deteriorating pipe which <br />could fail at any time and would necessitate closing <br />University Avenue during rain until repaired. <br /> <br /> Mr. Jonathan Spivey of Orangedale stated that the <br />residents of Orangedale did not reject participation in the <br />neighborhood drainage program, but the 100% participation <br />requirement could not be achieved since the large property <br />owner in Johnson Village has been unwilling to provide his <br />share of the funding. Mr. Spivey questioned why no secondary <br />streams were included in the flood plain study of 1971 and <br />why some houses were built in 1979 and later when better <br />flood plain information existed. <br /> <br /> Mr. Gould~an noted that the the flood plain report was <br />prepared by the Corps of Engineers and once a subdivision is <br />approved there is no further review Or deadline. <br /> <br />STAFF REPORT: SOLID WASTE <br /> <br /> Mr. Hendrix requested that Council give guidance to <br />staff about solid waste options for preparation of the fiscal <br />year 1991-92 budget. <br /> <br /> Mr. Gary O'Connell, Deputy City Manager, explained that <br />an additional $1.4 million to $1.7 million will be necessary <br />in the fiscal year 1991-92 budget because of increased <br />environmental regulations at the landfill, anticipated to <br />cost $900,000, and $500,000 to $750,000 for an expanded <br />recycling program. Mr. O'Connell listed the solid waste <br />services currently provided by the City which are included in <br />the tax rate: 1) twice weekly residential curbside <br />collection~ 2) commercial curbside collection to businesses <br />ranging from two to six times per week; 3) commercial <br /> <br /> <br />