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The
homes most affected are located on Westminster Drive and Canterbury
Lane, which are low streets in a high-priced housing area just off
Fifth Street Road.
A home
video made by Catherine Roti showed pictures of water rushing
through their yards. With a 5-inch rain those waters reach 3 to 4
feet deep. The flooding occurs whenever there is a heavy rain. It is
caused by runoff from the Elks golf course and surrounding farm
fields. The local 15-inch storm sewer reaches maximum capacity
quickly, and the cul-de-sac will not handle the storm waters.
The
streets are frequently under water, leaving behind soil, and
presumably farm chemicals, which later becomes dust blowing in the
air. Turner is concerned about his daughter's asthma and possible
other health hazards from this.
Brinner
questioned the city's responsibility since the subdivision was
annexed in and presumably there had to be regulations met.
Huskins
said he remembers that when the developer, Mark Cattleman, annexed
the properties into the city, Cattleman agreed to make everything
meet the criteria. “If he did or not, that's beyond my
understanding. I don't know,” Huskins said.
“I
wouldn't either. I'm just a CPA and a farmer,” Brinner chuckled.
“Well,
I'm just a weight enforcer and alderman, I'm not an engineer,”
Huskins quipped. He added, “I wouldn't say this is a city problem, I
would say it is a developer problem.”
The
developer has since gone bankrupt.
Brinner
agreed but said, “I think the city has to step in their (the
developer's) shoes. I thought the property was annexed into the city
with good faith.”
Brinner
also cited a similar Supreme Court case, Templeton v. Husk, which
requires the city to take care of the water.
[to top of second column in
this article]
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Roti
said that the group was in contact with a Mr. Straubridge with the
Illinois EPA, and Straubridge suggested that the city takes on
responsibility once property is annexed in.
The
residents feel that any measure that they might take individually to
modify their property to protect themselves will put hardship on
their neighbors.
City
attorney Bill Bates said that since the water problem existed before
the houses were built, it makes it a private property issue that
should have been taken up with the developer. It is not a city's
problem.
The
group emphasized that since they are a part of the city and pay
taxes, they feel that they should be able to come to the city to ask
for help. “We came here to seek a solution,” Roti said.
Brinner
asked if adding 12-inch drop basins in their 15-foot easements would
relieve the water to the storm sewer.
Grant
Eaton, who manages the city sewer, thinks the 15-inch storm sewer is
at maximum capacity during excessive rains for that area now.
Mayor
Beth Davis said, “You have a real strong issue here.” She asked
Eaton and city engineer Mark Mathon to go out and research the site.
[Jan
Youngquist]
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