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not ask Arvid Birkeland to take care of that and Birkeland Addition should not be
assessed for that. Arvid did not want people who bought from him to have to pay.
Walter Skiba said he knew that Birkeland Addition was dry, but it was people to the
north of this addition that had problems from water that was running down from
Birkeland Addition. Arvid Birkeland's lots contributed to the low area and he should
have contacted people on the north side to do something about it.
Mr. Birkeland stated that he had silt taken out of the back of Lot 7 and paid to
have good fill hauled in. Mr. Wallace stated they did put fill in but the back
was still low. He said if he fills his yard up to grade level he will cause
someone else to have a problem.
Councilman Baumgartner asked if the fill was bought and paid for by Mr. Birkeland.
Mr. Wallace said yes.
Mr. Wegner asked Mr. Wallace why he had placed the dirt in the front instead of
back where it was low. Mr. Wallace said if he had put it in the back, it would
have directed water up into his windows.
Mayor Neisen stated that the drainage of water was necessary for health and safety
factors for residents of the area, water has stood deep enough for children to
drown.
Mr. Wegner stated that Mr. and Mrs. Wallace spent a month at this model home,
viewing the home. They knew the low land existed and the house existed in its present
position. This problem was discussed with Mrs. Wallace. Mr. Wallace was not present
at the discussions between Birkeland and Mrs. Wallace. This was a consideration in
fixing the price of the home at the time it was sold and then afterwards when
Wallace complained Walter Skiba and Arvid Birkeland went there to look at the problem.
There was some break down in communications and Mr. Birkeland hearing nothing further
had tried to remedy this.
Councilman Johnson stated that there was one lot designated to be granted to the
Village for a storm sewer pipe along one side of the property. It is common
knowledge that Mr. Birkeland agreed to grant an easement to that lot. The Village,
Walter Skiba, and the homeowner knew about it.
Mrs. Schreyer, 8120 Jackson Drive stated they were never told about easements,
drainage or anything at the time they purchased the lot. Birkeland's wife handled
the selling of the lot and she did not tell us anything. She stated that she had
to sign a statement allowing for an easement at the Village Hall before a building
permit was issued.
Councilman Johnson asked how many lots there were in Birkeland Addition. Mr.
Birkeland stated that there were ten.
Councilman Johnson asked Arvid Birkeland where water falling on the back of yards
goes after a heavy rain. Mr. Birkeland replied that it runs into Lot 7 due to the
low spot. Councilman Johnson then asked Mr. Birkeland if lot 7 was filled to grade,
would water be dispersed to a wider area. Mr. Birkeland replied yes.
Councilman Baumgartner asked if there was some financial consideration involved and
therefore did Mr. Wallace have to pay X number of dollars less for the property.