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