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12/06/1982150 4 December 6, 1982 The regular meeting of the Board of Trustees of the Village.of Deerfield was called to order by the Mayor in the Council Chamber of the Village Hall on Monday, December 6, 1982 at 8:03 P.M. The Clerk called the roll and announced that the following were Present: Bernard Forrest, Mayor Marvin W. Ehlers Jerold L. Heisler Cynthia J. Marty Edwin B. 'Seidman Vernon E. Swanson J. Robert York and that a quorum was present and in attendance. Also present were Village Manager Robert D. Franz and Village Attorney James K. Stucko. Trustee Seidman moved, seconded by Trustee Swanson, that the minutes of November 13, 1982 be approved as presented. Motion carried unanimously., A statement (attached hereto and made part of the. minutes) was read by Mayor Forrest regarding the December 2, 1982 flood. Mayor Forrest advised the large number of residents present that Staff and Mr. H. Sundin of Baxter & Woodman, Consulting Engi- neers for the Village, were present to answer any of their questions. He then called on Mr. Jas. Mitchell, President'of the'Union Drainage District, to report on their efforts. Mr.Mitchell stated that due to a court order in 1973 (citing the district's failure to identify all properties within the watershed and thereby properly spread an assess- ment) they had been limited to an annual maintenance assessment of $5,000 which did not cover even legal and engineering fees. He added that attempts to obtain funds from Federal; State and County agencies had failed due to lack of funds. However,' Vernon and West Deerfield Townships may make some funds available which, coupled with a Village Loan, would enable them to clean undergrowth and debris out of the ditch (at a cost of $175,000). Questions about thorough dredging of the ditch were referred to Mr. Ted Anderson, engineer for the district, who stated that: 1)'there could be many legal matters to resolve, 2) permission for channel alterations would be required by the De- partment of Waterways and the Army Corpsof.Engineers, 3) the State would probably not allow enlarging the ditch without a detention basin in Deerfield to prevent. downstream flooding, 4) the cost could be.from.$3- 4,000,000, and 5) not nearly as much as hoped for would be accomplished. There ensued a lengthy period of citizens' comments, questions and suggestions including the possibility of lowering the level of Lake Eleanor prior to an ex- pected storm, closing off or restricting the tollway. culvert discharging into Lake Eleanor, diversion of water to the west side to the tollway onto the Park District's golf course, etc. Ii In addition to complaints of direct flooding from the creek, there /were many re- ports of sanitary sewer back -ups in basements., At Mayor FoIrestis request, Mr. Sundin explained that the problem is an antiquated sewer system (50 -60 years old) with' deteriorating street sewers and faulty service connections (from the house to, the street)which are home owners' property and responsibility. He stated that ex- traneous water in the sanitary sewers which caused back - ups.in basements could be prevented by: 1) correcting defects in street sewers permitting transfer from surface or storm sewers to sanitary sewers, 2) repairing douse service connections to prevent transfer of storm water to sanitary sewers, and 3) disconnecting foot- ing drains which discharge, directly or via sump pumps, great amounts of water into sanitary sewers. He stated that the corrective techniques are simple and straight- forward, but the costs are tremendous.(in the millions of dollars), which the entire Village would have to share to properly correct the system. Mr. Sundin went on to point out that unlike local sewer problems, the creek flood- ing must be attacked through political methods by getting the proper authorities who have the money and the plans being developed to implement those plans. He advised the residents present that the local political authorities do not have any say in what is done by the Corps of Army Engineers. He strongly urged Deerfield residents to "get after" their elected representatives by deluging them with let- ters to get.the retention basin program moving. A representative of Congressman John Porter read a letter wherein he stated he would do everything possible to expedite funding at the federal level for the re- tention basin project. As discussion with 'residents continued, a Villager suggested that the Board send out a letter to the community advising individual home owners of: 1) measures such a's overhead sewers,.check valves, etc. that could alleviate damage, and 2) political pressures that can be exerted on elected officials, where to mail letters, etc. Mayor Forrest agreed to.follow• through 'on the suggestion, stating that. political pressure was "the only way we're going to get the money to acquire that retention basin." He also agreed to a request that a regular report on plans and progress be submitted to local newspapers. Mayor Forrest stated that the second meeting of the Flood Advisory Committee would be held on December 13th and urged citizens to attend. He commented that Mr. Alan Schultz, Chairman, was an extremely capable hydraulics engineer and that the other committee members were well qualified. A number of residents stated they were willing to meet over the weekend and start cleaning out the drainage ditch. However, the Board had .misgivings. about this well - meaning gesture and feared someone might be injured.. They preferred, instead, to have the work done_by_ individuals familiar with the necessary tools and paid for by the funds they would loan the drainage district. The Board recessed at 9:50 P.M. and reconvened at 10:01 P.M., all members present. and.in attendance. Mayor Forrest recommended that the Board advance funds to the Union Drainage District so that the creek. could be cleaned out as soon as possible. Eng. Ted Anderson,in response to Board inquiry,stated that he did not believe there would be interference by the Department of.Waterways since the work would be classified as maintenance. Trustee Seidm'an.requested - that they investigate that aspect this week. Trustee Heisler stated, that he was interested.in how and when the Drainage District would repay the loan. Mr: Mitchell then explained that identification of all drainage district property by permanent index number had been going on in.order to have a bona fide roll to present in court when they petition for funds to'be spread across a tax roll. Considerable discussion was had regarding: 1) trans- fer of permanent index numbers to computers, 2) potential legal problems, 3) annexations to the drainage district, 4) method of assessment spread, 5) legal assistance by the Village Attorney, etc. .Thereafter, Trustee Marty moved, seconded by Trustee Seidman, that the Village of Deerfield advance funds.not to exceed $175,000 at an interest rate.of two- thirds of prime, and instruct the Village Attorney to prepare an agreement between the Vil- lage and the Union Drainage District governing the disbursement of the funds and the method of repayment. The motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) Also, Trustee Marty moved, seconded by Trustee Heisler, to authorize expenditure of funds to provide assistance to the Union Drainage District by the Village Attor- ney. The motion carried on;the following vote: AYES: Ehlers,•Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) ' The Board recommended that the Drainage District work with the Village EnginAer on bidding procedures.: Also, if there is any "bogging down "w,hen completing the list of current owners for special assessment spreading, the District should contact the Village immediately for help. While on the subject of flood control, Mayor Forrest asked Attorney Stucko if Deerfield could legally acquire property in Bannockburn through purchase.. Attorney Stucko advised-that acquisition by purchase was.possible under State statute. Thereupon Mayor Forrest stated he would start.-talking to property owners in'Ban nockburn. Referring to the question raised earlier in the meeting, Mayor-Forrest-asked Mr. Sundin if the Park District golf course property west of the tollway could be used for emergency retention of water from the tollway culvert now designed to discharge into Lake Eleanor. Mr. Sundin replied that while he had not checked out the various grades, the basic concept was sound. Mayor Forrest requested. that he look into the matter as soon as possible. Concerning a suggestion that the water level in Lake Eleanor be lowered prior to a storm, Mr. Sundin stated that the effect would be miniscule, delaying.a rise in the water level by less than 15 minutes. 152 Mayor Forrest asked Mr. Sundin whether owners of houses with service connections installed before 1954 could be required to bring those connections into conform- ity with present codes. Mr. Sundin advised that a legal opinion be sought. Mr. Sundin pointed out that prior to 1954 footing drains and some downspouts dis- charged water directly or via sump pumps into the sanitary,.system. He recalled that a sump pump check showed that about fifteen minutes after the beginning of a rain, footing drains were impacting the sanitary sewer system enough to surcharge 'it in many areas. He was of the opinion that faulty services lines were probably a greater source of extraneous water in the sanitary sewer than faulty storm sewers in the street. He, therefore, concluded that it would not be sufficient to repair only street trunk lines without repairing the private service lines. (The total miles of service connections is about equal to the total miles of street trunk lines). Mayor Forrest stated that the sewage treatment plant which normally pumps two and one -half million gallons per day, handled eighteen millions gallons during the July 22nd and December 2nd storm ... proof of tremendous infiltration of storm water even though millions of dollars have been spent separating the systems. Mr. Sundin agreed and noted that the creek flooding coupled with an antiquated sewer system presented a compound problem. He added that seven inches of rain in a five hour period in July as well as seven inches of pre - saturation in November followed by a four and one -half inch rain on December 2nd are extremely unusual occurrences. Such weather conditions produced flooding,such as had never before been experienced in Deerfield. Mr. Sundin stated that there was no question about the real-necessity of a detention basin upstream. But, the deteriorated sewer system-is just as real and both are somewhat interrelated. The sewer problem can be solved by either completely re- building the sewers or, if possible, isolating affected individual properties and making repairs at I those points,which might cost $5- 10,000 per house'. De- pending on the number of houses affected, that might be the most cost - effective approach, but it would not address the problem of 60- year -old trunk lines. DEPARTMENTAL OBJECTIVES ENGINEERING DEPARTMENT i The Board accepted the,written.Teport pre- viously submitted by Vil }age Engineer Jas. .Soyka and thanked him for it. CHESTNUT & WALNUT ST. RE -SUB & Mgr. Franz.reported that the Plan Commission VARIATION /ALLEY VACATION ,(FEJES) had held a public hearing on October 28, 1982 PLAN COMM. & BZA REPORT /RECOMM. (continued to November 4, 1982) to consider the petition of Mr. and Mrs. Julius Fejes, 902 Chestnut, for resubdivision.of their lot and vacation of an adjoining alley, with varationsof lot depth. The Plan Commission, on a vote.of 4 -0, recommended that the resubdivision and variations be.granted and that the unimproved portions of the alley in that block be vacated. The Board of Zoning Appeals had held a hearing on November 2, 1982 and unanimously recommended that the requested variation for a front yard set back'be granted. Trustee Seidman questioned 1) whether all.property owners were in favor of the alley vacation, 2) whether 'they . realized their assessed valuation would increase, and 3)'whether they would pay the Village for their portion of the vacated alley. Mr. H. Featherstone, 605 Burdick, Libertyville, representing the petitioner, stated that all but one owner (who couldn't be reache(D were .. unconcerned about an* in- creased.property valuation, and most were interested in buying the vacated por- tion if it is at a fair price. They did not want to be forced to buy it at-any cost. He stated that the property owner, directly behind the Fejes property, was particu- larly interested'in buying at a fair price. Thereafter, Trustee.Marty moved, seconded by Trustee Seidman, to accept the recom- mendations of the Plan Commission and BZA.with the provision that: 1) only the alley behind the subject property be vacated, 2) that the owner of the property directly behind the petitioner be contacted, 3) the alley property be appraised,. and 4) the attorney be instructed to prepare the ordinances necessary to grant the variations and vacation of the alley. Motion carried unanimously. DRAPER & KRAMER /ANDERSON Removed from the Agenda at petitioners' LAKE -COOK RD.(W. OF GUN CLUB) request. PUD /SPECIAL USE BRICKYARDS / R-5-PORTION Mayor Forrest stated that Mr. James Follens- LIFE -CARE FACILITY bee, petitioner, had offered to defer consid- PUD AMENDMENT eration of the life -care facility until the next Board meeting due to the l.ate.hour 1 1 1 F_�� 1 153 and-because the Board had not had much opportunity to study the voluminous materials presented for'study. Trustee Swanson advised Mr. Follensbee that his data was incomplete as the preliminary. tax impact study did not define the value of the property under consideration and that he could not determine what the revenues are for that particular piece of pro- perty nor the associated.costs to the Village in terms of services furnished. Trus- tee Marty,stated that the term '.'life- care" was not.well defined regarding nursing facilities that would be available.. Trustee Heisler felt adequate provisions for bicycle and foot traffic from Elm St. to the park facilities were not clearly in- dicated. Trustee Ehlers wondered about.jogging paths originally planned for the area. Trustee Seidman added that he felt the .material presented.for'Board consideration was vague in,many respects and not at all substantive. Trustee York'was of the opinion that the plans.presented were not coherent enough to merit Board acceptance. Mr. Follensbee replied that he would address the points raised and respond to all of the concerns expressed by the Board at the-December 20th meeting.' He stated that their meeting with the Plan Commission had "proceeded in some haste" and that he and Mr,. Flodstrom were fully prepared to sit down with the Board, hear it out at length, and act upon its recommendations. PARKING PROHIBITION WARWICK RD. (N. SIDE) WAUKEGAN RD.,E. TO WARWICK CT. PARKING PROHIBITION WILMOT.RD. (BOTH SIDES) LAKE -COOK TO 375' N. OF.DFLD. RD. ORDINANCE NO. 0 -82 -59 CONSENT AGENDA First reading of ordinance. Ordinance prohibiting parking both sides of Wilmot Rd. from Lake -Cook Rd. to 375 ft. north of Deerfield Rd. Trustee Seidman moved, seconded by Trustee Marty,.to accept the Consent Agenda. Motion carried on following vote: AYES: Ehlers', Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) ' SIGN JOINT AGREEMENT COOK COUNTY.HWY. DEPT. /IDOT/ VILLAGE OF DEERFIELD WILMOT RD. IMPROVEMENT carried on the following vote: Trustee Heisler moved, �econded by Trustee' Swanson, that the Mayor and Clerk be authorized to sign,a joint agreement with the Cook County Highway Department and IDOT in connection with Wilmot Rd. widening and reconstruction. Motion AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) SENIOR /HANDICAPPED CAB SERVICE Trustee Seidman moved, seconded by Trustee Heisler, SIGN AMENDED CONTRACT WITH' that the Mayor sign an amended contract with Amer - AMERICAN TAXI scan Taxi for Senior /Handicapped cab service. Motion carried on the following vote: AYES: Ehlers, Heisler, Marty, Seidman, Swanson, York (6) NAYS: None (0) Trustee Seidman moved, seconded by Trustee Ehlers, to procure the recommended word processor under an installment contract as specified in the report submitted by Mr. Valentine. Motion carried on the following voter AYES:. Ehlers, Heisler, Marty, Seidman, Swanson, York (6). NAYS: None (0) 1982 FINANCIAL AUDIT Mayor Forrest reported that.the Finance Committee ACCEPTED & PLACED ON FILE had reviewed the audit in detail and found it,.to be excellent and very well done. He recommended its acceptance. Accordingly, Trustee Heisler moved, seconded by Trustee Marty,'that the 1982 Financial Audit be accepted and placed on file. Motion carried unanimously. IBM WORD PROCESSOR Finance Director Geo. Valentine had submitted to. PURCHASE AUTHORIZED the Board a report stating that the Data Process - ing Committee had recommended acquisition of a word processor.and Staff had been researching many work.processors for about one year. He reported.that Staff was virtually unanimous in their opinion that the IBM Displaywriter was the easiest to operate and that it was highly favored by local communities who have them. He recommended acquiring the IBM Displaywriter (at a cost of $11,980 for the basic unit) under an installment contract. Trustee Seidman moved, seconded by Trustee Ehlers, to procure the recommended word processor under an installment contract as specified in the report submitted by Mr. Valentine. Motion carried on the following voter AYES:. Ehlers, Heisler, Marty, Seidman, Swanson, York (6). NAYS: None (0) 154 IBM PERSONAL COMPUTER Mayor Forrest requested deferral of this item until the next Board meeting. Trustee Swanson read a statement wherein he stated, ".The Village o " Deerfield lost a good neighbor last week. Jim Trom, age'28, was holding two jobs to support his family...... Last Thursday night ... before going home, he helped one of his neighbors sand -bag his back yard for flood.protection. Jim arrived home between midnight and 1 o'clock and fell asleep..in the family room where firemen, answering a fire alarm at the house, found Jim dead." He reported that contri- butions to the James Trom Memorial Fund are being accepted at the First National Bank of Deerfield. There being no further business to come before:-'the Board, upon motion by Trustee Seidman, the meeting was adjourned at 12:01 A.M. ATTEST: Village e k APPROVED: Mayor. IiP � 1 I STATEMENT OF MAYOR FORREST December 2, 1982 Flood December 6, 1982 Board Meeting Prior to getting into our regular agenda, there are several people here this evening who wish to be heard in connection with the flooding that Deerfield experienced on December 2nd. Let me say at the outset that t one is more concerned over the flooding problems in Deerfield than I and the Village Board. What many residents experienced on July 22nd.and again on December 2nd is extremely regrettable. I can certainly understand their frustration and concern, and I'm sure that they want to know wiiat -the Village has done and is going to do to prevent this flooding from recurring. Last Thursday night at 9 o'clock, a State of Emergency was declared so that our local Emergency Services Disaster Agency could call the local C.A.P. and other agencies for assistance. In addition, all off -duty Police and Public ',forks personnel were called in. We also had assistance from many residents who were not personally affected who helped those whose homes were threatened move their belongings upstairs and to sand bag many other potential flooding areas. The Village furnished over 2000 sand bans and 17 truck loads of sand and, 'I am pleased and thankful to all who assisted in these efforts that many homes were saved. Unfortunately, we still had many homes that were severely damaged again. Most of you are familiar with the Floodwater Management Plan which has been under review for too many years. It consists of a number of reservoirs designed to hold storm water until the normal drainage system can handle it. Following the July 2.2nd Flood, all agencies involved with this Plan (including the Illinois Division of Water Resources, Army Corps of Engineers, Soil Conservation Service, Metropolitan Sanitary District) and all Federal, State and focal area elected officials were invited to a meeting hosted by Deerfield to review the Plan and to determine what was needed to complete it. We were advised at that time that two major tasks must be completed for this project to move forward: First, the Governor of Illinois must release funds for the acquisition of a site in Bannockburn that will provide floodwater retention for the Village of Deerfield. Second - The Army Corps of Engineers must complete a report that would then be reviewed by Congress in order to determine if the Plan qualifies for Federal funding. Deerfield.has been working through its State legislators and directly with the Governor's office to acquire Ahe Bannockburn site. To date, the money has not been released. However, we have reason to believe that this may be done soon. Lake County Forest Pre- serve Chairman Donald Strenger is here this evening to give us a status report on their efforts to acquire the site. I spoke with President Remo Picchietti of Bannockburn a few minutes ago and he stated that Bannockburn is not unalterably opposed to this plan. As to the Army Corps study, we are advised that it will not be completed until next June. Last October, the Village filed a report with the Corps on property assessments along the creek that should help meet the cost /benefit ratios established by the Federal Government. In light of last Thursday's flooding, I sent the following telegram to Governor Thompson, Senators Percy and bixon and Congressman Porter. Once again Deerfield has exnerienced serious flooding that could have been avoided by implementation of the North Brunch Chicago River Floodwater Management Plan. t On July 22, 1982 and again on December 2, 1982, Village residents sustained con- siderable pror-�rty damage as a result of flooding in this area. There is no question that if constructed and operating, the Duffy Lane storm water reservoir (Structure f27) would have significantly reduced flooding in Deerfield. The State's failure to acquire the Bannockburn site and the delays of the Army Corps of Engineers in ccmpletina the general design memorandum study are the chief reasons why this plan has not moved forward to implementation. On behalf of the flood victims in Deerfield, I urge you; our elected representative, to do all within your power irnrediateiy to complete the preliminary work needed for this improvement. We need your support if *the people in Deerfield are to have some relief from these recurring disasters. I look forward to a response from your office as to how you intend to support us in these efforts. In addition to the major reservoir project, much work is needed on the West Fork ditch. District Chairman Jim Mitchell is here this evening to update us on the District's plan to clean the ditch in order to increase its carrying capacity. With the foregoing in mind, it should be remembered that both in July and last Thursday, we experienced what can only be considered extremely unusual weather conditions. Admittedly, it is little consolation to those who have sustained a serious financial loss twice within a five month period. The permanent solution is the Floodwater Manage - ment Plan. On an interim basis, work must begin immediately on cleaning the Union Drainage ditch. Accordingly, I am recommending to the Board this evening that the Village loan to the District sufficient money to undertake the cleaning project. I am also recommending that Deerfield enter - as an interested party - in the suit by Attorney Paul Hamer, which is now pending and has delayed -the clean -out for many years... and to offer-the services of our Village attorney in helping to resolve it. There is no doubt that the Tollway contributes to our problems both in the speed and intensity of their run off. They must be involved in the solution and in the costs. I have asked our Attorney to review this and if it is not clear that they are responsible for the runoff and for its proper disposal, to in legislation to affect this. At this point, I'm ready to have the Village pump a.truckload of cement to plug the pipe on Montgomery. The Flood Advisory Committee, recently reactivated by this Board, will work on behalf of Deerfield and its residents to expedite these matters. They have already had their first meeting and another is scheduled for next Monday. Chairman Alan Schultz is here this evening. I am confident that through their work and the concerted efforts of all residents of this community,. the Flood Water Management Plan will become a reality. I'd like to urge you to contact the Governor and our representatives and solicit their support. At this point, I will open up the discussion to the public. The Administrative Staff and our Engineering Consulting firm, Baxter & Woodman, are prepared to answer any specific questions you may have at this time..