Samantha Dr. Neighbors Drainage Problems
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MEMORANDUM
August 30, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Private Drainage Channel Near Samantha Drive
In 2000, Moore Development, L TD submitted improvement plans for the development of the
subdivision along the Northwest Arterial that includes Samantha Drive. As part of this development
the City of Dubuque required that the developer hire an engineer to design a drainage channel to
adequately handle storm water runoff from the NW Arterial and Asbury Road. As designed, the
channel crosses eight lots on Samantha Drive and continues southward adjacent to private property
to the NW Arterial Detention Basin. The developer installed the drainage channel as designed. In
addition, the developer established covenants for the property crossed by the channel, including the
restriction that the drainage channel could not be altered.
The channel, located on private property is privately owned. There is no public easement for the
drainage channel.
A property owner has installed a small diameter (15-inch) drainage pipe and filled in the remaining
portion of the drainage channel through their property. Several of the neighbors have raised
concerns about this including concerns about flooding and runoff during heavy rainfall and have
asked the city to look into the matter. After reviewing the matter with Corporation Counsel Barry
Lindahl and City Engineer Gus Psihoyos it was determined that 1) the new property owner did not
need a permit from the City prior to filling in the drainage channel and 2) although there are
restrictive covenants that prohibit filling the ditch, the City cannot enforce the covenants because it is
not a party to the private covenants. Therefore, only the residents of the subdivision can enforce the
covenants. The neighbors could also take legal action against the new property owner on the
grounds that the obstruction in the ditch is a private nuisance. The only legal remedy available to the
City would be if the obstruction to the ditch constitutes a public nuisance, Le., it constitutes a threat
to the health, safety or welfare of the public.
Il/ ( III
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Michael C. Van Milligen "'"
City Manager
MCVM:cs
CC: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Page 1 of 1
Jeanne Schneider
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From: Susan [susancj@mchsLcom]
Sent: Tuesday, August 30, 2005 9:37 PM
To: jschneid@cityofdubuque.org
Subject: City council agenda
Dear Ms. Schneider,
I am writing to you as a member of the Samantha Drive Neighborhood Association. We are requesting to be
added to the City Council Meeting on Tuesday, September 6, 2005. We are wishing to speak of drainage issues
that are affecting our neighborhood. I'm also sending you a copy of the letter I am sending each member of the
city council. If you should need to contact me, my name is Susan Jewell and I live at 2400 Samantha Drive. My
phone number is 5834834.
Thank you,
Samantha Drive Neighborhood Association
08/31/2005
Page 1 of2
Jeanne Schneider
From: Susan [susancj@mchsLcom]
Sent: Wednesday, August 31,200510:59 AM
To: jschneid@cityofdubuque.org
Subject: Samantha Drive Drainage ditch issues
Honorable Mayor Duggan,
We the concerned citizens of Samantha Dr write to you to ask for your assistance. New land
owners, Joyce and Aren Merrick have filled in the drainage way that we are all collectively
responsible. A small plastic drainage tile has been buried and the waterway filled in. This
drainage tile is insufficient to meet the demands of the several sources that drain into it. In
the short time since the drainage tile was placed into the creek, neighbors downstream have
experienced minor flooding and increased debris. During rainstorms, the water that flows
through the tile does so under intense pressure creating a brisk, dangerous current. The small
size of the pipe cannot accommodate all the water. Much of it flows around the pipe onto
surrounding land. The flooded land then dumps water into the creek at the same spot as
where the drainage tile empties into the creek. The creek then floods and also has a very
rapid current. In addition, there is a pile of dirt sitting on top of the filled in area that is
eroding into the creek and polluting it.
Prior to the Merrick's alteration of this creek, there were no problems with standing water or
swift currents, even after large rains.
The Merricks were told before they altered the waterway that not only was the alteration
against our neighborhood covenants, but more importantly, the city ordinances. Just one
year ago, other homeowners along the same waterway were told if they disturbed the
waterway, the city would seek legal action against them. Based on this correspondence from
the city, all improvements made to the waterway were done with a formal engineering
study, proper permits, and the city's permission.
We have asked for help from the city in this matter. Calls to the city engineer confirmed the
drainage tile is insufficient, and a real problem exists. He has been very helpful and has seen
the waterway along with the city attorney. We have been informed that the city does not
want to spend the time or money to fight this case. We feel this is an issue that should be
handled by the city since permits were not granted.
Weare asking the water way be returned to the state it was in when the Merricks purchased
the land. We are asking the city to intervene as it has done in the past. As voters and tax
payers, we request the city's assistance in resolving this matter.
08/31/2005
Page 2 of2
Sincerely,
The Samantha Drive Neighborhood Association
08/31/2005