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  5.       
City Council Regular Meeting
Meeting Date: 10/22/2019  

BACKGROUND
The Rhine Valley Unit 3B development had some drainage challenges and the developer's engineers, KFW Engineers, approached city staff about granting a drainage easement through the existing Rhine Valley Park located at 9958 Mulhouse Drive to be able to accomplish the needed drainage for the incoming unit.  The proposed drainage easement would be 9 feet wide and 144 feet long and include a concrete U channel that is 5 feet wide and 1.875 feet deep. 

City staff informed the group that the city did not have authority to grant an easement across public parkland without there be a corresponding value to the public good.  The applicant is proposing to install in shade structure over the existing play structure. Since the park is already encumbered by a different drainage easement, one more would not significantly alter the way the park is used, but city staff did have safety concerns given that the edge of the channel is only located 8 feet from the existing playscape.  Proposals were shared back and forth and city staff ultimately recommended a shade structure be installed over the existing playscape, and a metal railing be installed along the concrete U channel to keep children out of the channel. 

The drainage easement and related public improvements were approved by the Parks & Recreation Advisory Board at their Sept. 23, 2019 meeting. The final plat with the drainage easement included was approved by the Planning & Zoning Commission at their October 9, 2019 meeting. 
GOAL
Grant the drainage easement across dedicated public parkland in exchange for public improvements that benefit the public good, i.e. the shade structure installation over the exisitng playscape.  
COMMUNITY BENEFIT
There are no shade structures of this size over any of our existing playscape structures in any park.  There are shade umbrellas built into the large playscape at Pickrell Park and there are plastic dome roofs incorporated into some of the towers of existing playscapes but the shade provided by those features are minimal compared to the full-scale shade the proposed structure will provide, as it covers the entire unit plus surrounding safety surfacing.  This will make the unit less hot and will allow more use during the hotter months.
SUMMARY OF RECOMMENDED ACTION
Approval of Resolution No. 19-R-128 to authorize a drainage easement through dedicated public parkland for the Rhine Valley Unit 3B development.
FISCAL IMPACT
There is no cost to the city in extending this drainage easement.  We will authorize a drainage easement so the developer can construct a concrete drainage channel through Rhine Valley Park.  We will lose the "use" of this portion of public property but in exchange will gain a shade structure for the existing playscape in addition to the required safety railing along the proposed drainage channel.  The value of the shade structure including installation is approximately $25,182.00.
RECOMMENDATION
Approval of Resolution No. 19-R-128 to authorize a drainage easement through dedicated public parkland for the Rhine Valley Unit 3B development, conditioned upon the developer entering into a subdivision improvement agreement obligating them to install the fence concurrently with constructing the drainage channel and then constructing the shade structure. 
Attachments
Res 19 R 128
Rhine Valley Drainage Easement
Shade Structure Quote

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