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08/02/19821.02 .4 August 2, 1982 �r r The regular meeting of the Board'of Trustees of the Village of.Deerfield was open- ed on Monday, August 2, 1982 at 8:02 P.M. by.Village Manager Robert D. Franz who immediately recessed the meeting until Tuesday, August 3,.1982.at 8 P.M. The Pub- lic Hearing to consider the 1982,Tax Levy was also opened and recessed until Tues- day evening, August 3, 1982. August 3,1982 The regular meeting of the Board of Trustees of the Village 'of Deerfield, .recessed on August 2, 1982, was called to order by the Mayor in the Council Chamber of the Village Hall on Tuesday, August 3, 1982 at.8:00 P.M. The Clerk called the roll.and announced that the following were: Present: Bernard Forrest, Mayor. Marvin W. Ehlers Jerold L. Heisler Edwin B. Seidman Vernon 'E.,.Swanson J. Robert York Absent: Cynthia J. Marty and that a quroum was present and in attendance. Also present were Village Manager Robert D. Franz and Village Attorney James Stucko. Trustee Seidman moved, seconded by Trustee Heisler, that the minutes of the previous meeting be approved as presented. Motion carried unanimously.. Mayor Forrest read the following statement: Prior to- Staff's report on the July 22nd flood, I would like to acknowledge the_ many people and' organizations who responded to the emergency situation in Deer- field. At the top of.the list is the Emergency Services and Disaster Agency, headed by Stan Rundell, which immediately went into operation on Thursday morning and worked around the clock in the first few days of the disaster. Also quick to respond was the Salvation Army, providing food and drink to the many volunteers who were on the scene. I can't say enough,about the Civil Air ,Patrol who responded with 60 volunteers to provide security and traffic control the first night of the disaster. They were a very well.disciplined group that gave unselfishly of their time'to help in an emergency situation. The Red Cross Agency likewise deserves special thanks for its counseling service and direct assistance to the flood victims. We were happy to provide space at the ,Village Hall for - the -very worthwhile assistance provided by this organization. Also'to be commended is the Mayor's.Flood Review Committee: Sven Flodstrom, Ted Galvani and John Holland, for their time in surveying flood- damaged residences to determine if we qualify for low interest Small Business Administration loans. On behalf of the entire Village, I would like to thank the many residents of the community who went to the aid of their neighbors and friends in cleaning up after the flood. -One example is Holy Cross Church which asked parishio'ers.to go out and help, and many of them did. It was truly a community 7ffort / that exemplified. the spirit and character of Deerfield. Theta Garbage Disposal Services went out of their way to arrange for garbage and refuse pick ups on Saturday and Sunday. On Wednesday, there were 20 trucks in Deerfield which cleaned almost the entire village. These are but a few of the organizations and people to whom this Village owes a debt of gratitude.- If I have missed anyone, it is only because so many offered assistance! The Village Staff responded in a very exemplary fashion. For the first time the Village Disaster Plan which had been put together by the Staff was put into effect, and while they had wanted to have a dry run, what.they got was a wet run. The Plan worked very well with everyone doing what he was supposed to do. The Village Staff, including the Village Manager, Assistant Manager,.Director of Pub- lic Works, Building Inspector, Director of the Building Department, etc. all worked very long hours. Without them and their efforts we would have had .a much f. 103 greater disaster. On behalf of the Board and all the residents; I would like to thank you all. The Village Staff is prepared this evening to respond to any questions residents in the audience may have concerning the flood. However, prior tq getting to those questions, they will report on the two most often asked q�estions: 1) Why did the flood occur? and 2) What financial assistance, if any, is available. Mayor Forrest introduced Village'Engineer Jim Soyka and Public Works Director;.. Ed Klasinski and asked them to supply some answers to'the first question. . Eng. Soyka displayed a map showing the .watershed (consisting o.flan� east, middle and west fork) of the North - Branch of-the Chicago River. He pointed out that Deerfield lies at the midpoint of the very flat" basin with the middle fork forming the east boundary of the Village and two thirds of the Village lying between the middle and west forks. He emphasized that, contrary to rumors, there are no gates or valves which can be manually controlled either north of Deerfield or within the.Village itself. He stated that whatever comes into the forks from the north, Deerfield has to take before:it passes on downstream. The only floodgates are downstream in Wilmette which were opened to turn the excess water into Lake Michigan,.there - by sparing Chicago. He. pointed out that rainfall along the east fork measured 2 inches in.5 hours, 4 to 5 inches along the middle fork and the west fork had 7 inches (confirmed by the U.S. Geological Survey gauging stations on each fork). The July 22nd rainfall surpassed all others recorded.heretofore,.and the river forks overflowed . their banks. Eng. Soyka explained that Deerfield's storm sewers discharge into the middle and west forks. With these overflowing their banks, it was impossible for the sewers to discharge their contents, and they backed up...actually.flowed backwards. It. would have not have helped had the sewers been three times as large, since the limiting factor is the .capacity of the river forks to carry water out of the Village. While there was some flooding along the middle fork, the greatest was along the west fork. He pointed out that the first thing that must be done is to clean out 'the river forks.. Whereas it was possible at one time to see for a distance of a thousand feet up and down the these streams, it is now impossible to see fifty feet due to branches, undergrowth, foliage, etc. They must also.be.cleared of debris• which has been - thrown down into them (old tires, refrigerators, etc.) An attempt in the early 1970's by the Commissioners of the Union Drainage District No. 1 - West Fork to get court permission to levy taxes to pay.for cleaning -out the west 'fork was blocked'by a resident who.objected to the manner:of assessment spreads. The Village does not have jurisdiction over waterways management. Eng. Soyka added that efforts must be made to step up acquisition of land for a reservoir to the north of Deerfield. In 1970 the Illinoi's Department of Trans - portation proposed various reservoirs. along these river forks. There is one right now at Northbrook Court Shopping Center.. Also, land has been acquired for'' a reservoir at Lake- Cook.Rd. in Deerfield which will not benefit Deerfield (except for about 500 to 900 feet) but will help Northbrook downstream. A reservoir.is proposed in Bannockburn at Rte. 22 to help Deerfield, but Bannockburn.refuses to grant the land and allow IDOT to buy it. If future damage.is to be prevented, these .measures are necessary. Mayor Forrest stated that in regard to a reservoir to aid Deerfield, "The buck has been passed on this by the Army Corp of Engineers and the Department of Waterways. We've been dealing with them for 15 years, and everytime we get ready to get some action, it changes to the other agency. In 1970 . Deerfield purchased the site at the Brickyards in conjunction-with the Department of Waterways.as our contribution to help with the flood retention project. At that time, they were going to acquire additional sites... they haven'.t -done. it!...•._ We._ve pushed and pushed; gur hands are tied. The efforts have to be made in,Washington. Regarding cle ning out the west fork', the Village will support the efforts'of the Drainag Ditch�Commission to get the ditch cleaned out as it',did for the middle fork some lime ago." Regarding a question about run off.from the Tollway, Eng. Soyka stated that when it-was built in 1956 -57 it discharged run off into the west fork at'the site where Lake Eleanor was later created. He stated that Lake Eleanor, which rose three feet higher than normal, actually provided.somewhat off , a -retention basin though the rise caused serious damage to homes bordering it. Mayor Forrest stated that, along with Mr.' Soyka, Mr. Klasinski and Mr. Franz, he had observed.water two feet over a-five foot duct which comes under the Tollway at Lake Eleanor. He added that he was concerned with the-speed of the run off and the Department of Water- ways would be asked to see what they can do to slow down such water.coming. into t, J 1.04 f the Village. He stated, "We need to push for some legislation to force the.Toll- way to provide retention ponds on its property for its run off which it is not now required to do, having been built before such laws were enacted in take County.' Eng.' Soyka concurred with Mayor Forrest, stating that the Tollway from Walgreen's on the south and possibly Rte. 22 on..the north, .a strip 2 miles long and 400 feet wide, discharges its storm water into Lake Eleanor which also receives everything west of the Tollway. "The topography makes us a bathtub," he said. Mayor Forrest stated that Village officials would do all they could and agreed,with a resident who felt that a concerted effort of letter writing and calls to Con- gressmen was the way to "get the thing moving." He added; "If there"s some fund- ing available, let's get it to whoever is responsible for those r tention basins." Public Works Director Ed Klasinski presented a cross section of a house and a below - ground diagram, explaining step by step the impact on streets, sewer systems and homes without sump pumps in the flood plain areas when the river'forks over- flow their banks. Water entered homes through basement windows, garage doors, stair wells, etc. and basements filled completely up to floor joists. Water then emptied through floor drains into sanitary sewers and surcharged the .sanitary system. There were instances of sixteem inches of water on the first floor which surcharged the storm sewer system, and the discharge point of the storm sewer was under water. Sanitary sewer manholes were filled with water which aggravated the situation even further. Also, the water table was high enough on'July 22nd to enter basements through cracks in the walls. Considerable discussion ensued regarding: 1) special instances of flooding, some in the flood plain and some not, 2) legal and illegal sump pump installations, 3) various check valves.that can prevent storm sewer.back up, 4) illegal down- spout connections, 5) possible replacement of sanitary sewer covers without pick' holes, 6) street inlets clogged by improper use as refuse collectors for grass clippings, motor.oils, etc.,, 7) sanitary sewer back ups in northeast section of the Village, and 8) effect on neighbors of sump pump discharge onto ground. Mr. Klasinski stated, "We'll try to answer every request for some sort of solu- tion. Our back log of calls is tremendous; it.will be a while before we can get to every individual and talk with him." Trustee York warned against unscrupulous individuals trying to sell waterproof- ing service for basements. Mayor Forrest concurred and added that only well known, experienced contractors should-.be used and at least two quotes secured - for any work. He.added that although building permit fees are normally charged, he would-ask the Board to waive permit fees for.all work to correct flood damage. He urged everyone to get such permits so that the work can.be inspected to in sure safety. Village Manager Franz reported on possible financial aid for flood victims. He reported that the Village of Deerfield was declared a disaster area by Gov. Thompson on July 26th. It had been hoped that the declaration would afford funding opportunities for residents, but it has since been learned that it. provides only two opportunities: 1) the right to petition the township assessor for a reassessment of property for a 1 -year period. 2) the possibility of low interest loans through the Small Business Admin- instration (SBA). However, to quality for SBA loans, the Village must prove to the satisfaction of the State that 25 residences and /or busi- nesses have sustained serious flood damage (defined.as 40% of the fair market value of the property which includes uninsured structures and contents).. The-Mayor's Flood Committee is making inspection tours of residences whose owners report serious damage,, and a-report is expected to be filed at the end 'of the week with the State. The State indicates that if the report meets their criteria, they will immediately request the SBA to enter the picture. Contact with the Atlanta office.of the SBA, which has - jurisdiction over the Deerfield area, indicated they are prepared to act quickly if the.State.requests it Should Deerfield qualify, it is not known what the interest rate on loans would be,_but answers to inquiries will be made public as soon as information is' available.. Mayor Forrest.reported that the House- Senate Conference Committee in Washington has before it a bill dealing with a proposed change in the Revenue Code which would drastically alter the amount of casualty loss a taxpayer cold deduct on his income-tax return. If the casualty loss should be ma-4,6 retr6active to January 1982, a severe burden would be imposed on residents who suffered flood damage. He read a letter he had written to Representative Dan Rostenowski.urging,reconsidera- tion of an "unfair provision.... which would work a hardship on people who are I 1 4. 105 already in a desperate situation.... with losses as.high'as $40,000." He urged citizens to write their Congressmen immediately. -Trustee Seidman noted that while the Emergency Services and Disaster Agency, - headed by Mr. Stan Rundell, along with all the Village departments performed very well during this flood on the basis of procedures that had been set up, he would recommend the procedures be reviewed in light of actual experiences and, any ap- propriate changes be made. Mayor Forrest reported that residents have been incorrectly:advised -by their insurance,agents who have told them they could not get flood insurance. He stated that any resident of Deerfield can get flood coverage. -Trustee Seid- -man noted that there was a.serious dearth of knowledge among insurance agents regarding flood insurance. Trustee Heisler favored-forming a committee of in- surance men in the community to get full information so that citizens can be properly advised. SIDEYARD VARIATION Mgr. Franz stated that a public hearing 1265 OXFORD RD. (JOHNSON) was held July 20, 1982 by t e Board of BZA REPORT /RECOMMENDATION Zoning Appeals to co ider „he petition of Henry Johnson for /a.sideyard variation to permit construction of a room addition six feet from an interior side yard in lieu of the required.eight feet at his property at 1265 Oxford Rd. It was the unanimous recommendation of the BZA.that the petition be granted. Trustee Seidman moved, seconded by Trustee York, to accept the recommendation of the Board of Zoning Appeals and to instruct the Village Attorney to prepare the necessary ordinance.. Motion carried unanimously. BICYCLE LIGHTS REPORT OF POLICE DEPARTMENT enforce the bicycle light ordinance. that 81 bicycle light violations have to the bicycle court and the remainder. of the required,light Mgr. Franz stated that questions were raised at the last Board meeting regard- ing efforts of the Police Department to A report by the Police Department indicates been issued, 28 of which have been referred inspected by the department for installation Trustee Ehlers.commented that he "supposed it was just a, question of keeping at it” but he still experiences riders on unlighted bikes crossing in_front of his car. Trustee Heisler spoke strongly in favor of greater enforcement ,.stating the he sees, every night, instances such as those mentioned:by.Trustee Ehlers.. He stated that while he knew police do not like to chase children, neither do they like to deal with children who have been hit with cars., and-added'" We really have to put a push on this ... if we're.writing tickets every day, it won't be long before the word gets out. It's easy to ride around the Village and not get caught. , While some are being caught,.many.others are not.' I feel we.need heavier enforcement." Responding to inquiry by Mayor Forrest, Officer Kenneth Anderson reported that the Bicycle Patrol is working at night. He stated, "As in the past, we've tried to tie enforcement to those violations that are causing accidents. We realize that lack of bike lights is'an important issue and it is a concern of ours, but it will be .noted there has not been a bicycle accident after dark since one which occurred last year. A lot of effort has been expended on other types of violations causing accidents which are down 60%.. However, we will continue efforts in the bike light area." SIGN MODIFICATION 725 LAKE -COOK RD. CONSENT AGENDA First reading of.ordinance granting a sign modification to permit the'continua- tion for a 2 -year period of the sign at 725 Lake -Cook Rd. facing-the Edens Spur. SIGN MODIFICATION CADWELL'S CORNERS, ORDINANCE NO. 0 -82 -37 and 2) two business wall signs to be lieu of the one permitted. Final reading of ordinance granting sign modifications to permit: 1) continuance of an existing permanent .131 sq. ft.'pylon sign in lieu of the permitted 120.sq. feet, located on T.H. Mandy's south elevation in Trustee Heisler moved, seconded. by Trustee Ehlers, to adopt the consent_ agenda. Motion carried on following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) 1.06 4 Mayor Forrest signed the Cadwell's Corners ordinance indicating his approval thereof. BRICKYARDS FINAL DEVELOPMENT PLAN PLAN COMM. REPORT /RECOMM. RESOLUTION - BID AWARD $500,000 CORP. PURPOSE BONDS BRICKYARDS LAND TRADING RESOLUTION - INDUSTRIAL REVENUE BONDS CHI CHI'S RESTAURANT BRICKYARDS REZONING - C -2 PORTION BRICKYARDS REZONING - I -1 (WEST) PORTION BRICKYARDS - APPROVAL FINAL DEVELOP. PLAN Items deferred until later Bo.ard.meeting. BID ANALYSIS /AWARD - MFT MATERIAL Trustee'Swanson moved, seconded by Trustee-, ASPHALT RUBBER CRACK SEALANT Ehlers, that the bid.for Asphalt Rubber Crack Sealant be awarded to Kenneth R. Hartman, Inc., Kankakee, Ill. in an amount not,to exceed $20,000. After a short discussion regarding the low bid which was not accepted (because/the proposed sealant, when subjected to a test by Chicago Testing Laboratory, as not able to pass Deerfield's ASTM -1190 requirements) the motion car,�ied on the following vote. AYES: Ehlers, Heisler,.Seidman, Swanson, York (5) NAYS,: None (0) BID ANALYSIS /AWARD Trustee Seidman moved, seconded by,.Trustee THERMOPLASTIC MARKING PAINT Heisler, that the bid for. Thermoplastic . Marking Paint be awarded to Perma -Line Corp. of America, 750 S. Clinton St., Chicago 60607, in an amount not.to exceed $2,738. Motion carried on the following vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5)' NAYS: None (0) BID ANALYSIS /AWARD Trustee Seidman moved, seconded by Trustee LEAF VACUUM MACHINE Heisler, that the bid be awarded to Bruce Municipal Equipment, Inc:, 1701 Lake Ave., Glenview,-for one (1) new trailer mounted leaf vacuum machine in an amount.not to exceed $5,016. Motion carried on the following.vote: AYES: Ehlers, Heisler, Seidman, Swanson, York (5) NAYS: None (0) PUBLIC HEARING Tax Levy for 1982 and Tax Levy Ordinance Finance Director George Valentine explained that the Tax Levy is the same as called for in the Village Budget which was passed in April for the fiscal year starting May 1. Illinois statutes require.that.the 1982 Tax Levy Ordinance be filed with the County by the second week.in September. The Levy calls for a total of $2,331,6850 for all purposes (including the Library), an increase of $328,000 which is about a 15% increase. However, since the Village anticipates an abatement of $188,115 (unnecessary for debt service) the increase will be $140,000 over last year, roughly .a 7% increase. 'Of the $140,000 increase, about $102,000.(21.57.) is for the Library with about $38,000.(2%) for the Village. By statute, the Village must levy for the Library though not a part of their budget. process. There being no questions or comments from the audience regarding the Village. Tax Levy for 1982, the hearing was declared closed, and the Tax Levy Ordinance stood at first reading. Mayor Forrest asked the Board to consider waiving fees for building permits issued to repair flood damage for a period of ninety days. Trustee. Ehlers moved, seconded by York, to approve Mayor Forrest's request. Motion carried on the following vote:. Q 4 AYES: Ehlers, Heisler, Seidman, Swanson, York (S) NAYS: None (0) 107 Mr. Charles Bechler, 119 Willow, was present regarding the building at 118 Willow which has been in an unfinished, disreputable state for at least three years. He read a statement concerning his discouragement and frustration regard- ing the Village's inability to bring the matter to a conclusion.' Considerable discussion ensued wherein it was pointed out that the Village had not been able to move against the original owner without due .process and steps in court which had. led to a second owner's acquisition of the property were ex- plained. Since the-second owner is not pursuing the construction and repeated attempts to'reach him failed, the Village attorney has sent him a letter.in this regard. Building and Zoning Director Charles Smalley pointed that until a struc- ture becomes, dangerous to the general public, not just an eyesore, an owner does .not have to improve it. �A neighbor of Mr. Bechler commented'. that in his opinion the structure is dangerous since the walls are not plumb: Mayor Forrest pointed out that he was as frustrated as'Mr. Bechler, but that the' owner'had- property rights as well"'as the neighbors, and the Village,has no right to violate those rights. He pointed out that a lot of money and time had been spent to get it out of the hands of the previous owner with the hope that'whoever took it over would finish it. Mr. Smalley was directed to instruct his depart-. ment that anytime a member passes the property and finds a violation to issue another citation., Attorney Stucko reported . that two weeks ago his office sent a letter to.the pre- sent owner stating that the condition of the property was in violation of Village ordinances, constituted a nuisance, and that unless the situation was rectified; the Village-would pursue -its rights under the State statutes which could include demolition of the building. If no response to the letter is'received, the next step is to file action in the Lake County circuit court in.an attempt to demolish the building. Mayor.Forrest instructed Attorney Stucko to research the Village's rights to improve the property and the possibility of suit being brought for demolition of the unfinished structure. ;t Trustee Heisler stated that Bannockburn's continued blocking of Wilrqot Rd. for certain hours was causing considerable inconvenience to the reside I? of Deer - field. He noted that Deerfield has been providing police dLspatd7ing service to Bannockburn for a.sum lower than a system of their own Mould cost. He stated that he believed Deerfield should take the position that'if Bannockburn is not' going to change their ordinances to permit.at least Deerfield-:residents to use Wilmot Road when they choose, Deerfield will no longer dispatch for"their police department. He suggested that Manager Franz speak with Bannockburn along these lines. Trustee York.stated that he supported Trustee Heisler.200 percent, commenting that "we do a lot for Bannockburn, and they should cooperate better with us in this matter." Trustee Seidman felt that the simpler solution is to convince Bannockburn to permit northbound traffic in the morning and southbound traffic in the evening. Such a solution would accomplish Bannockburn's wish to keep traffic to and from.the office complexes on Wilmot Rd. out of Bannockburn. Mayor Forrest recommended that Village Manager Franz contact Bannockburn about. the situation and have the matter on the agenda at the next Board meeting. Trustee Heisler stated.that he would be prepared to make an appropriate motion at•the next Board meeting. Mr. Charles Hood, 107 Willow, requested that a bicycle shelter like the one on the east side of the railroad station be built on the west side. Mgr. Franz stated the shelter had a low priority, but that it would be considered. There being no further business to come before the Board, upon motion by Trustee Heisler, the meeting was adjourned at 10:00 P.M. APPROVED: A EST: . Mayor Village Clerk .