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-3- <br />Lyle Nelson, 2357 Sherwood Road, stated that the problem was created by the builder <br />and that there should never have been a house built there. <br />Jim Reed, 2325 Sherwood Road, added that the builder disturbed the natural drainage <br />and it is not for the residents to pay. <br />Councilman Johnson asked Mr. Wallace, the petitioner for the improvement, whether <br />there would still be water there if he placed fill in his lot. Mr. Wallace <br />commented that he would still have water and that someone else would then have <br />a serious water problem. <br />Mr. Wiedemann reiterated that the builder created a problem and he asked how <br />benefits are determined. <br />Mayor Neisen explained that all those in the drainage boundary benefit. He added, <br />the high point of the ground determines the drainage boundary. <br />Judy Schreyer, 8120 Jackson Drive, said that Walter Skiba, the building inspector <br />told her the builder, Arvid Birkeland was to pay for the improvement. She added <br />that she was forced to sign an easement before she could get her building permit. <br />Engineer Comstock said that the Council is not here to promote a solution, rather <br />they have been asked to propose a solution to the problem. <br />Lyle Nelson said that the people in the area knew Mr. Wallace would have a problem. <br />Councilman Johnson asked whether the Village could take legal action against the <br />builder. Attorney Meyers felt that it may be tough to prove the Village's case, <br />and that the legal cost could equal the cost of the improvement. <br />Mr. Reed asked that the Council do something and not expect the homeowners to do <br />something. <br />Mr. Wiedemann said let the builder shoulder the cost. <br />Mr. Wallace said that he would fill in his lot if no action was taken but someone <br />else will have a problem if he does so. <br />Clerk Zylla explained the history of events leading up to the issuance of a building <br />permit to Mrs. Schreyer explaining that the drainage easement was signed of her own <br />free will. <br />Councilman Baumgartner suggested that Attorney Meyers talk to Mr. Birkeland noting <br />that he had given a verbal commitment to our building inspector to correct the <br />situation. <br />Councilman Pickar felt that the Council should order the improvement and proceed <br />to obtain the cost from the builder. <br />Councilman Johnson said that the builder wronged the residents and the Council <br />and he should be sued. <br />Mayor Neisen said if the builder is sued it should be by the residents of the area. <br />That this is a localized problem and that other Village taxpayers should not have <br />