This is a private issue between the neighbors. He was forwarded to our attorneys for further information.

I called Mr Kirker and let him know I looked at the situation and determined this is an issue to be resolved by the neighbors and not the city. I informed him of what we heard from the neighbors and suggested he just try to talk with them to resolve this issue. He continued to believe this is a city issue and we should be resolving it. I explained rain water and runoff is a "common enemy" and flows from parcel to parcel but does not mean the city is responsible. There is a 6' utility easement on the north property lines here but there is not a drainage easement. He was unsatisfied with my response and asked to speak to my supervisor. I gave his number to Mike Bengtson who called him and explained this is not a city issue and we are not going to intervene. He also tried to explain the common enemy doctrine but said it might be better if he spoke to our attorney about it. Mike transferred him to Greg Small.

Phil P. told me he received information from the owners at 1815 E Southdowns and they said they put the bricks in the swale because the neighbor at 1809 was digging on their property and they asked him not to but he did it anyway. They are mostly concerned about making sure the area is stabilized. I also visited the site today and saw the bricks in the swale. Unfortunately there is an entrance on the back of the home at 1809 and it is very low. I have asked Mike Carter to look and see if there are any easements in the area.

I called and spoke to Mr. Kirker and explained this was probably a civil issue between the property owners but I wanted to take a look at it. He said it shouldn't be his to fix because it's city water and it wasn't designed right and the city should take care of it. I explained this subdivision was built in the 50's and there probably was very little storm water design done at that time but the developer would try to direct water to the natural contours and this is often through yards. It's unfortunately how it is and the homeowners have "bought into" the situation. But again I told him I would look at it on Thursday and get back with him.