Cullman council responds to drainage contention from home owner

Published 5:00 am Tuesday, August 28, 2018

A home owner who has contended the City of Cullman is responsible for drainage problems on her lot was handed a letter from an engineer Monday that contends otherwise.

The home owner, Kerry Zozoka of Joy Street in Heritage Village, has appeared numerous times before the Cullman City Council asking for help with the drainage problem. Mayor Woody Jacobs, noting the observation of St. John & Associates, said the issue is not the city’s to resolve, but should be directed to the builder, and noted that some obstructions have been added to properties by home owners.

City attorney Roy Williams read the letter aloud from St. John & Associates and gave Zozoka copies.

“It appears that the contractor who built the individual houses on Joy Street and Irene Lane at Heritage Village graded the lots to incorporate a central drainage swale at the back of all the houses on the block. This is different from the sheet drain concept that was initially planned but it is not necessarily a worse way of dealing with stormwater. It looks like the present grading plan works well with the possible exception of higher flows after rain events at the lowest lots on the block. It is usually the builder’s responsibility to ensure that storm drainage is managed on each lot as it is developed. I am not aware of any requirement for City review of individual house site grading plans,” according to the letter signed by Bill St. John of St. John & Associates.

The letter also noted many home owners have created obstructions in the flow path that may be affecting swale. The obstructions include fences, patios and steps off the back of the houses. The document also stated that the lot lines are close and the swale makes up most of the back yard of these lots.

“I’ve learned it’s who you know in this community. You guys messed up this drainage system. I’m not going away,” Zozoka said.

Jacobs said St. John & Associates was asked to evaluate the issue and that the remedy to Zozoka’s contention should be directed to the contractor who built the houses.

In other business, the council approved:

A request from Stuart Goldsby of state State of Alabama for a special event permit to hold the annual Youth Dove Hunts beginning in September at the North Alabama Horticulture Station.

Resolution No. 2018-77 to enter into an agreement with the Alabama Department of Transportation for the installation, operation, and maintenance of equipment, which includes sidewalk improvements, landscape, and decorative pedestrian lighting, installed at AL-74 (US-278) at 1st Avenue SE to 3rd Avenue SE.

Resolution No. 2018-78 to award the bid for Airport North Taxiway Reconstruction Phase II to the lowest responsible bidder, Carcel & G Construction LLC, in the amount not to exceed $412,867.17.

The Second Reading of Ordinance No. 2018-39 to vacate and surplus easements to the Industrial Development Board which received a favorable recommendation from the City of Cullman Planning Commission.

First Reading of Ordinance No. 2018-40 to adopt wastewater sewer ordinance.