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City staff: resident drainage pattern appears longstanding; redirecting flow would be costly

City of Otsego City Council · August 13, 2024
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Summary

City staff reviewed a resident's drainage complaint and said the drainage pattern across the property has existed since 1972 and flows through a 15‑inch culvert; staff said redirecting water into Heritage Hills would require about 720 feet of storm sewer and significant disruption and cost, and legal counsel found no clear illegality in the current configuration.

City staff presented follow‑up information on Aug. 12 in response to a resident's drainage complaint reported at a prior meeting and described constraints on changing the drainage path.

Public works staff (Ron) said the drainage area in question covers roughly 0.85 acres, runs through a 15‑inch culvert under O'Brien Street and has functioned since the area was planted in 1972. He told council members that after 2.5 inches of rain the culvert areas were dry in staff photos and that only a few inches of standing water were observed on a neighboring property.

Legal counsel (Dave) addressed an email assertion that the situation was "illegal" and said, "In my opinion, it's not. I see nothing illegal about the situation," noting no specific legal claim had been outlined for city counsel to assess.

Council members asked whether the homeowner could voluntarily redirect runoff with permits. Ron said a homeowner could submit a grading plan for staff review, but any changes would require easement adjustments and all costs would be borne by the homeowner. He said turning the flow the opposite direction would require about 4.5 feet of cut and could steepen side slopes or require substantial pipe work, and that blocking existing drainage in a way that harms other properties would not be allowed.

Staff provided maps and photos for council review; no formal enforcement action or city‑funded remediation was directed at the meeting. Council members thanked staff for the follow‑up and asked staff to keep the record updated should the resident submit a permit application.