This post will serve to catch up on some of the ongoing events. I attended the "Planning" meeting of the Wheaton City Council on September 9, and I also attended the "Regular" meeting of the City Council on September 16, 2013.
The topic of interest was the "
Engineering Study - Lake 4 and Adjacent Drainage Basin." That study has two components. One is the the study proper, and the other is a dam permit. Yes, you did read that correctly. There is a requirement by the "Illinois Department of Natural Resources" (IDNR-OWV) for a dam permit for all of Wheaton's lake 4. That lake is hydraulically connected to the "Community" College of DuPage's pond 7.
Expenditure of Wheaton city funds to move forward was approved on September 16 by the City Council.
I personally wish to thank the city council for moving forward on this. It is, of course, a first step in the process to investigate and improve the storm water situation in south Wheaton and Glen Ellyn.
Here is the official statement of the "Sept. 16, 2013 City Council Meeting Highlights" published by the City of Wheaton:
"
Briarcliffe Lakes Flood Study Authorized
The Council voted unanimously in favor of creating a professional services agreement for a Briarcliffe Lakes Flood Study. The Council received a proposal for a stormwater management study of the Briarcliffe Lakes drainage system following flooding that occurred in this area in April, during which flood waters overtopped the berm of one of the lakes and caused nearby properties to flood. The Council authorized an agreement of $187,400 with Christopher Burke Engineering Ltd. to conduct the study."
Briarcliffe Lakes Manor Homes and Wheaton
Why is my HOA involved here? The City of Wheaton has an easement to maintain a storm water control system across lake #4. Wheaton's storm water system is extensive and includes two watersheds. The so called "Briarcliffe Lakes Watershed" includes five (5) lakes of which lake 4 is the final one in the chain. These are lakes "A," 1, 2, 3, and 4. Four of these lakes are to the north of our association and lake 4 is to the south.
This watershed also includes portions of Glen Ellyn and the "Community" College of DuPage campus west of Lambert Road.
As a resident of BLMH I can honestly say that I have found the situation to be disquieting. Here's my personal view. The HOA "owns" property which has been eased to the City of Wheaton for nearly 40 years. This arrangement was apparently made by the developer and the city. The City of Wheaton has used that easement for a 6+ acre lake modified by and controlled by the city as part of a "storm water" system which also receives water from Glen Ellyn/COD.
The key question I have asked is this: "Who owns the water?" Because it comes from sources outside the HOA, it's a real problem when an association has homes which occupy about 2% of the land area of the "Briarcliffe Watershed" and is required to provide "free" use to the City and to the College of about 6.15 acres for lake 4 to handle their storm water. Lake 3 to the north is also part of the storm water system and is eased to the city.
Here's another way to look at this. What would 6+ acres of prime real estate be worth in this area in south Wheaton? This HOA finds itself making an annual donation of not only the property, but also of unit owner's fees for area maintenance around the lake. That lake is a critical part of someone else's "storm water" system. Yet, when things go wrong, some of the neighbors have pointed fingers at this association. Our neighbor, the "community" college takes the position "We aren't part of the problem and storm water is mainly the consequence of 'bypass flows'."
Should the City of Wheaton Bear the Sole Burden of This Study?
That's a very good question!
About 20% of the "Briarcliffe Watershed" is in Glen Ellyn and COD's campus west of Lambert. Areas to the south of COD and to the east of "Brentwood Lane E." are within the drainage basin and are also within the Village of Glen Ellyn's Planning Jurisdiction (
Note 2).
In 2012 the College extricated itself from the involvement of the village and came under county jurisdiction. It would seem the watershed includes the property of five entities. Wheaton, COD and the county, Glen Ellyn, and our HOA.
On a land basis approximately 80% of the area of the watershed is in Wheaton which includes our HOA. COD and Glen Ellyn are the rest.
An Equitable Approach to Funding of The Study
How about this approach. The entities which contribute the water to this "lake" which situated in Wheaton should each step up and pay their fair share. Wheaton pays 80% and COD or Glen Ellyn pays 20%.
Of course, for this to happen then someone to the east would have to stop playing games. To date, the college has pushed responsibility and its water on to someone else.
Here's my opinion about the intransigence of the college. It's all about money. Greed, it has been said, is a fear of not having enough money. If that is true, then the college is simply being greedy. It has its building program and with it additional maintenance costs. There possibly isn't enough money to support this campus "transformation" to use a term recently used by the college.
Of course, the problem will be getting COD to the table as a partner. For the neighboring communities that would be a
real transformation and a breakthrough!
I have my opinion about "transformation" and bricks and mortar do not a transformation make. I doubt the students really care about those acres of grass and waterfalls, which will be frozen in winter. The students are here to get a quality education with some of the costs born by the taxpayer. It is supposed to be a "community" college, which implies a lower cost alternative to the many fine colleges in the area. COD is a publicly funded college. It is not a private institution and the hundreds of millions of dollars of debt will be born by the taxpayers in this area
Moving Forward
Certainly, the current situation is a problem for everyone. Wheaton's City Manager made this statement under questioning by Wheaton Council members during the September 16th meeting:
"With the college, part of the dam of the southern edge of the lake and water system is on college property and they need to brought in as part of the analysis of what's going on and I don't know if it's going to end up, is it to be a part of their own permit or our [the city's] permit...there's a lot of things to be yet determined there."
"With the homeowners association you may probably remember we [the city of Wheaton] have an easement to maintain a storm water control system across that lake [lake #4]... the language is similar to what I just said, it is a bit vague as to exactly what the responsibilities of the parties are; it's old language from many years ago. In all likelihood I think we will be the ultimately be the party that will be responsible for getting the dam permit because of that easement. Maintenance is storm water but we need to do some additional review of that before that determination is finalized."
Yes, I do think the previous agreement with the City of Wheaton needs to be reviewed. However, at present, moving forward with the study is the most important issue. The issue at present is "the greater good." The City of Wheaton clearly understands this.
Neighbor Concerns
I've received emails from nearby residents with concerns about "weeds" on the banks of lake 4, asking for my opinion about a lack of speed in solving storm water problems in the area, expressing the opinion that it's time to take this to a "higher level" with possible legal involvement and so on. I maintain that getting attorneys involved is not a good use of scarce resources. I also am of the opinion that what is needed most is a willingness to see this to a reasonable conclusion. The 1997 study was acted partially upon.
Not all recommendations were followed by the city or by nearby residents. I think this is a time for everyone to remain engaged in this process. The study is the first step of a larger process that will require many months. It's important to realize that only after the study is completed, will the real work begin. I suspect if neighborhood interest had been maintained 16 years ago, perhaps we wouldn't find ourselves in the current situation.
The quality of the study if the "Community" College of DuPage continues to stonewall efforts is a valid concern. If 20% of the watershed is ignored or not included, then it's reasonable to state that the storm water solutions will be compromised. After all, changes on the campus can direct more or less water to the south and to the west.
Regarding the April flood situation in south Wheaton and Glen Ellyn I generally have not responded to individual emails with opinions or guidance. In the past, some of my emails have been misquoted, quoted out of context or censured rather than being passed to the neighbors as I requested. I prefer to put information here where it is available to all. I can adapt and there are other avenues to get the job done.
A few of our neighbors weren't aware of the situation at all. They were unaware of the easement, of the recent construction at the college, and even of the existence of lake #4! April 18 was the most recent wake-up call.
Storm Water Maintenance Issues
Reoccurring storm water problems at the northeast corner of Briar Patch Park flood the street. Drainage problems on Briarcliffe due to a low point across from the Brian Glen School also floods the street. It seems additional detention from the fields of the park and school might be helpful. There currently is none.
Our HOA has 336 residences containing a thousand or so occupants. We have graciously provided the use of 6 acres of prime real estate to the City of Wheaton for its use as part of their "storm water control system" lake 4. This HOA has spent association money for nearly 40 years dealing with the consequences of 2% or 1% flood events around two of the lakes, and that includes dealing with the shoreline damage and stimulated growth and erosion on the banks. We've spent a lot of money pruning trees and removing those which have fallen or were diseased around those lakes.
If you want to know what Wheaton's lake 4 would look like without the money and labor contributed by this association, simply go to COD's pond 7 and walk entirely around it. The shallow berm separating COD's pond 7 from lake 4 straddles the college and lake 4 property line. The college contributes
zero maintenance; that's why it looks the way it does. That berm will give you some indication of what lake 4 would look like if other, less responsible entities owned the property and were involved here.
This immediate area has about 4,512 residents per square mile. The area of Wheaton's commissioned study is about 1.5 square miles and so it has perhaps 6,800 residents. Some are upstream of lakes 3 and 4, some downstream, some live immediately adjacent to the banks of the lakes in the study, some are north of the college, and some in BLMH. In other words, there are a lot of people affected by flooding in this area. Our HOA has "walked the talk" for nearly 40 years. Not so for everyone in the vicinity!
How BLMH has Dealt With These Problems
We've been "front row and center" to past water events in the area for decades. We've observed the college remove grassy retention areas, pave over part of the watershed, turn the Hoddinott Wildlife area from a park like environment to an overgrown marsh for the storm water of the college.
We do monitor COD's pond 7, it's new constructions and pond 9 to the east, the conditions on lake 3 to the north and lake 4 to the south. We have maintained a dialogue with the City of Wheaton. We have been largely unsuccessful with the college. We are reasonably certain that the landscaping, etc. around the new pond 9 was accomplished because of intervention outside the college. Simply stated, I don't trust the college.
Because of recent COD construction and the history of flooding in this area, there was grave concern about the reduced capacity to retain water on the college campus west of Lambert Road. However, the college has remained aloof about this. The intervention of the county did apparently increase the size of pond 9, but we are of the opinion it is undersized and assumed that the downstream system was fully capable of handling any water sent to it. As that downstream system goes into Wheaton it's readily apparent why the aloofness.
When the storm of April 18 occurred, we knew it could get serious. This time, thanks to improved technology and my willingness to document the situation, there was an opportunity to reveal the reality.
On April 18 this association was surrounded for a short time by water on four sides. Some residents were distraught, but we did not incur flooding. That is because this association has spent a lot of time and money preparing for storms. We routinely spray, feed and trim hundreds of trees and so they are as healthy as practical. One of our larger problems is old willows on the property which are being removed, a few each year, because of our arborist's concerns. When there was major damage in Wheaton and Glen Ellyn because of recent "micro-burst" storms we experienced very little of it. One tree split, but no buildings were damaged and there were few branches lying on the lawns, drives and streets.
If you walked our extensive grounds you would see acres of rolling berms. Unfortunately, some of these direct water toward entrances, or garages, or against foundations. Older gutters discharged onto driveways. The liberal use of mulch which rolls downhill and becomes additional soil actually raised the low points on the perimeter of some buildings. That's why we've had to work on landscaping modifications around the buildings to move water away from buildings and toward the large, lower grassy areas, or toward storm sewers, where it should be. We've redirected the water from new gutters, are in the process of adding stone around the buildings in place of mulch and soil, and are also moving gutter discharges off of driveways and into areas where it can flow properly away from the buildings.
Not all of these improvements have been welcomed by all of our owners. First, these things may alter the appearance slightly, but there is no overwhelming appearance change. In other words, there is limited cosmetic value for the money being spent. The buildings appear to be much the same as they were a decade ago, but with better roofs, new driveways, stone around buildings and narrow walks to the entrance. All of this is intended to keep our residents dry. To do this we've had to alter some of the landscaping and remove some shrubs and trees which are against entrances. One owner quipped "How is it that you removed a perfectly good tree from the entrance of MY building?" My reply was, these decisions are made in consultation with our arborist, management, our maintenance and the board. Each building is surveyed and decisions made one building at a time. There is no cookie cutter approach here. Of course, how this particular owner could say "a perfectly good tree" implies he or she is a qualified and competent decision maker in these things.
The association has been here for about 39 years and is preparing for the next 30 years and how to deal with storm water issues surrounding the property, including the College to the east and Wheaton's "storm water control" lakes 3 and 4.
I don't think it was an accident that this association was unscathed on April 18. I also do think there is strength in numbers. Our 336 owners sometimes bend to populist stuff, but the board has been able to successfully prioritize issues and spend money effectively, dealing with real issues which will benefit all. At the current pace our roofing and related drainage project will be completed within 4 years. Now, you might have the opinion that 4 years is a long time. On the other hand, we've got 42 large roofs and several smaller in the association; we're currently replacing six (6) roofs each year.
We pave our own streets, pay for our street lighting and snow removal. Yet, we pay real estate taxes at a rate equal to everyone else in Wheaton and we also provide about 9 acres for lakes 3 and 4, for use as part of a "city managed" storm water control system
Some of our owners are irritated. I guess they are of the opinion that they get no respect from the community yet pay more than their "fair share."
Who Can Use Lake 4?
Use of the lake in any way is prohibited and this includes fishing. The lake really is private property! It really is part of a "storm water system" by the City of Wheaton. It's not a park. There are lakes in the area which are part of the various park districts of the communities and the Forest Preserve District of DuPage County. These are available for recreational purposes, but an adult would need a fishing license. There is no excuse to use these "storm water system" lakes for any purpose by any residents of Wheaton or Glen Ellyn.
Residents of our HOA are
fined if they do anything to break the rules and don't correct the situation or modify their behavior. Our rules and regulations specifically prohibit any activities on or around the lake. However, some of the neighbors prefer to ignore the signage and the HOA can't fine them. We can of course call the Wheaton Police Department if there is trespassing. So are we supposed to hire a security company to police Wheaton's flood control system? Why on earth should a HOA be responsible for this? Why should our HOA owners be required to donate their fees to provide policing of Wheaton's flood control system? Well, I guess the reason is simple; it's because some of us are expected to walk the talk, while others don't, or take advantage of their neighbors.
Notes:
1. This post contains my perspective. Not everyone agrees about who is responsible for what. The City of Wheaton has been very involved in the current process. I would add that they have been genuinely concerned about the situation and
are acting in a manner consistent with that concern. To my knowledge, the "Community" College of DuPage has worked diligently to avoid any responsibility and involvement.
2. Here's a link to a pdf map of Glen Ellyn. A substantial portion of the property to the south of the "Community" College of DuPage is actually under the jurisdiction of the Village of Glen Ellyn. Yet, the residents come to Wheaton meetings. That says a lot about the College and the Village, who prefer to remain detached about flooding in the area:
Clicking will open a New Window> Glen Ellyn Zoning Map
3. According to the official website of the Village of Glen Ellyn, it is "Known as the Village of Volunteers." But in the case of this flooding problem, the Village has been invisible. Here's the official "About Glen Ellyn" link:
Clicking will open a New Window> About Glen Ellyn
