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219 <br /> <br />explained that the City Attorney had previously determined <br />that the City has no legal liability with regard to the Rock <br />Creek drainage problems. Mr. McNabb stated that since that <br />time several meetings have been held between staff and the <br />neighborhood. A detailed report was presented by Mr. McNabb <br />regarding the problem and proposed solutions, with the <br />following highlighted comments: three properties are <br />experiencing severe erosion at their rear fence lines, two <br />properties are experiencing significant erosion at their rear <br />fence lines; and seven additional properties have the top of <br />the bank within 10 feet of their fences, driveways or houses; <br />a short-term project, estimated to cost $29,600, would <br />straighten the creek, place rip rap along the bank and <br />restore the eroded property at the top of the bank; the <br />remaining improvements, estimated to cost in excess of <br />$100,000, would extend the short-term improvements further <br />upstream; improvements should be made to both sides of the <br />creek since only improving the Orangedale side would cause <br />erosion on the other side of the creek; the City would pay <br />75% of the improvements, with the adjacent property owners on <br />the Orangedale side paying 25%, with financing options <br />available. <br /> <br /> Mr. Jonathan Spivey, President of the Orangedale <br />Neighborhood Association, stated that he had only received <br />the drainage report on Saturday and requested a work session <br />with Council, adding that he felt questions remain to be <br />addressed. Mr. Spivey asked Council to consider modifying <br />the cost share plan and to leave the length of the financing <br />up to the individual residents regardless of the amount of <br />their share. <br /> <br /> Ms. Slaughter stated that she would,favor holding a work <br />session which would focus on the recommendations of staff. <br /> <br /> Ms. Waters recommended that the long-term improvements <br />to Rock Creek be discussed at a work Session in the summer as <br />part of the larger drainage issue and that staff proceedwith <br />the short-term project as recommended in the report, leaving <br />the length of the financing up to the individual residents. <br /> <br /> Mr. Toscano stated that he agreed with Ms. Waters' <br />recommendation and questioned whether the property owners <br />had agreed to pay 25% of the cost. <br /> <br /> Mr. Spivey stated that the property owners have agreed <br />to pay 25% but did not like the fact that the property owner <br />on the opposite side of the creek was not required to <br />contribute to the cost. <br /> <br /> Mr, McNabb explained that the work on the opPosite side <br />of the creek was minor and there was no benefit to the owner <br />on that side and therefore it was felt by staff that they <br />should not be required to contribute. <br /> <br /> Rev. Edwards questioned why the property owner on the <br />opposite side should not contribute if the improvements were <br />preventive in nature. <br /> <br /> Mr. McNabb stated-that there is no erosion on the <br /> opposite side of the creek at this time, but erosion could <br /> occur as a result of the work proposed to be done on the <br /> Orangedale side. <br /> <br /> Ms. Waters made a motion to proceed with the short-term <br /> project, with the length of the financing, as included in the <br /> report, determined by the individual residents. Ms. Waters <br /> noted that adjustments in the project and financing could be <br /> made at~a later date by Councit.~ Mr. Toscano seconded the <br /> motion and it iwas unanimously approved by Council. <br /> <br />STAFF REPORT: FREE SUMMER BUS RIDES FOR YOUTH <br /> <br /> <br />