Information obtained by the Republic-Times via a Freedom of Information Act request has shed more light on a recent legal matter between the City of Waterloo and City of Columbia over water service rights in an area northwest of the intersection of Route 3 and Hanover Road also known as the “Hanover Tracts.”

A complaint for declaratory judgment filed April 11 by the City of Waterloo in Monroe County Circuit Court against the City of Columbia and Fountain Water District claims Columbia has no authority to provide water service to a parcel owned by Hillcrest Properties LLC which abuts the northern border of the Hanover Tracts.

The filing follows completion of water infrastructure construction in the area last month despite a cease and desist letter sent by Waterloo to Columbia in late January.

On Jan. 21, Columbia officials approved an agreement with the owners of Hillcrest Properties for reimbursement of expenses incurred by installing water service infrastructure to an Old Monroe Distillery Co. event center under construction on the property.

The project also required boring under Route 3 to connect to an Illinois American Water pipeline on the east side of Route 3.

While the Hillcrest Properties parcel is not listed as part of the Hanover Tracts on the Monroe County Geographic Information Systems website, Waterloo officials argue it is well within the bounds of a longstanding service agreement between the City of Waterloo and Fountain Water District.

Documents obtained via the FOIA request include a cease and desist letter dated Jan. 30. The letter  was sent by the law office of Millstadt attorney Otto Faulbaum to Columbia Mayor Bob Hill, City Administrator Doug Brimm, City Attorney Terry Bruckert, Old Monroe Distillery Co. co-owner Adam Stumpf, the secretary for Fountain Water District and lawyer Arthur Morris.

 This letter instructed the City of Columbia to “cease and desist from any and all efforts to provide water service” to Hillcrest Properties and the Hanover Tracts area.

The letter also states the City of Waterloo “fully intends to do everything within its authority to prevent the City of Columbia from encroaching within this territory,” adding Waterloo aldermen have “authorized Mayor Stan Darter to extend its water and gas service to the Hillcrest and Hanover tracts immediately.”

The cease and desist letter further warned of potential damage to the owners of the Old Monroe Distillery Co. event center under construction, referred to as “The Bourbon Ballroom.”

The letter implied that Columbia “withdrawing and abandoning” the project would allow Waterloo officials to “marshal its resources” in providing water service to The Bourbon Ballroom. It also warned that Columbia’s “cooperation at this juncture can expedite this process to prevent collateral damage to The Bourbon Ballroom and all of its customers awaiting their own exciting plans at this time.” 

Installation of water infrastructure continued after the letter was received, although Columbia officials were forced to amend the water infrastructure plan during a March 3 city council meeting after the City of Waterloo denied a temporary construction easement to connect water mains on a Waterloo-owned property on the east side of Route 3 – an action described in the Jan. 30 cease and desist letter.

The first phase of Columbia’s planned infrastructure projects in the Hanover Tracts area was completed in late March. Future intentions involve construction of a water storage tank tower on the Hillcrest Properties parcel to be used by Columbia in future water infrastructure expansion efforts.

The Columbia Comprehensive Plan, approved Jan. 6, makes frequent and specific mention of the city’s desire to expand south of its current limits. 

The plan was quoted in the cease and desist letter.

“On page 58, it is stated that ‘Columbia should work with Waterloo to establish an annexation and growth boundary agreement.’ It is unfortunate that this was never done during all the time Columbia has apparently been planning this project, wasting precious time and seeding confusion with the developer,” the letter states.

Other documents obtained via the FOIA request include an email conversation between Brimm and Waterloo Public Works Director J.R. Landeck.

The conversation begins with Landeck requesting a meeting to discuss Columbia’s comprehensive plan. 

While not explicitly stated, the conversation indicates a meeting between Waterloo and Columbia officials did occur, though the meeting was not confirmed in any of the FOIA documents.

A separate email chain between Brimm, Stumpf and a project manager for Poettker Construction Company discussed the possibility of adding infrastructure to the Old Monroe facility and connecting to an existing Illinois American Water main as early as Nov. 1, 2024.

Other emails in the FOIA documents show communication later in November between the city, contractor, property owners and Illinois American Water later regarding the infrastructure addition.

While water service for the Old Monroe building is currently connected to Illinois American Water infrastructure, the boundary of the Fountain Water District includes much of the area south of Columbia’s current city limits and west of Route 3, thereby placing any infrastructure in that area in the jurisdiction of Fountain Water.

Waterloo’s stated intention for future water service is found in a 2011  agreement between the City of Waterloo and Fountain Water District. Part of that area described are the  properties generally south and east of FF Road at its intersections with Hanover Road and Route 3.

A March 2004 letter signed by Lester Schneider, Columbia’s mayor at the time, and Waterloo’s then-mayor Terry Kipping was also included in the cease and desist package. The letter states “the City of Columbia takes no exceptions to the Facility Planning Area revision proposed by the City of Waterloo.”

A map of the proposed 2004 revisions clearly shows the area south of FF Road and west of Route 3 as part of Waterloo’s intended water and wastewater service areas.

The cease and desist letter further states Waterloo’s current intention of servicing the area, referring to the recent completion of infrastructure and facilities which now allow Waterloo to be its own water service provider, and also noting the Fountain Water District as unable to provide required fire suppression due to its system constraints.

Further argument stated in the letter notes the Hillcrest Properties location is more than 1.5 miles from Columbia’s current city limits, which violates Illinois state statute and prohibits Columbia from providing water service to the Old Monroe structure.

Similarly, the letter notes the Hanover Tracts area are only .64 miles from the nearest Waterloo city limit, which the April 11 filing cites as evidence Waterloo should be the utility provider to the area.

The facts presented in the April 11 filing will now be examined by a judge for Illinois’ 24th Judicial Circuit.

On Monday, resident Monroe County Judge Chris Hitzemann – himself a resident of Columbia and the brother of Columbia Alderman Andrew Hitzemann – recused himself from the matter, referring the case to Chief Judge Daniel Emge for reassignment.

In other action related to the water conflict, Waterloo aldermen on April 21 approved the law firm of Mathis, Marifan & Richter to serve as counsel in the water dispute with Columbia due to a conflict of interest in the matter with St. Clair, Gilbreth & Steppig, the firm the city has a contract with for legal representation.

Should a judge rule in favor of Waterloo, the city could request compensation for additional legal fees, although it is not required to do so.

The City of Columbia’s actions present confidence that it will be allowed to proceed with its infrastructure goals in the Hanover Tracts area, although the city has declined to offer public comment on the ongoing legal matter.