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HomeMy WebLinkAbout06/13/1998 CWC minutesMINUTES COFFEE WITH COUNCIL SATURDAY, June 13, 1998 9:00 AM VILLAGE HALL, 100 SOUTH EMERSON STREET Trustees Daniel A. Nocchi, and Irvana K. Wilks called the meeting to order at 9:00 AM. Representing staff was Deputy Director of Public Works Sean P. Dorsey. Village residents in attendance were: Jim Corman, 1348 Indigo Drive (arrived at 9:08 AM) Dave Schein, 700 Ivanhoe Lane (arrived at 9:15 AM) Dennis Prikkel, 1731 Pheasant Trail (arrived at approximately 10:00 AM) Mr. Jim Corman, 1348 Indigo Drive. Mr. Corman presented two (2) drawings he prepared depicting his design for the proposed second track along the stretch of Wisconsin Central Railroad adjacent to his home. Mr. Corman's drawings position the second track on the east side of the existing track. Mr. Corman acknowledged that he is aware of the railroad's intent to position the second track on the west side of the existing track. However, Mr. Corman noted that his design allows the existing platform fence to remain along with most of the trees and foliage that have provided an acceptable buffer for many years. Mr. Corman explained that he is presenting his design to the Village Board for informational purposes. He stated that he also intends to submit his design to Pat McAtee at Metra for further consideration. Copies of Mr. Corman's drawing are attached. Mr. Corman also presented a copy of a letter he recently received from Metra explaining Wisconsin Central's intent to begin work on the second track as early as September, 1998. Mr. Corman also noted that Metra intends to contact each individual property owner adjacent to the tracks during the week of June 15 to discuss landscaping and fencing options. Mr. Corman asked if someone from the Village would be a party to these meetings? Trustee Wilkes advised Mr. Corman that someone from the Village Manager's office would contact early next week to discuss the Village's response to Metra's initiative. A copy of Metra's letter to Mr. Corman is attached. Finally, Mr. Corman noted that Indigo Drive is scheduled for reconstruction this year. He also explained that he has a catch basin in the curb line directly in front of his driveway. He related his observation that the existing roll -curb in front of his driveway prevents water ponding on the catch basin from travelling down his driveway towards his home. He expressed concern that the reconstruction project would depress the roll curb and inadvertently allow drainage water to flow towards his house. Deputy Public Works Director Sean Dorsey stated that he would ask Public Works staff to check the grading near his house to see if it is possible to move the catch basin away from his driveway. Mr. Dave Schein, 700 Ivanhoe Lane. Mr. Schein suggested that Village Board meetings, ZBA meetings, and other televised meetings could be improved by the increased use of maps. He commented that maps help home viewers comprehend the geographic components of the issues being discussed. Mr. Schein also presented informatic.n concerning the Federal Emergency Management Agency's (FEMA) newest initiative, "Project Impact". Mr. Schein explained that "Project Impact" is an organized effort to establish public/private partnerships aimed at "disasterproofing" communities. Mr. Schein noted that federal disaster declarations have been on the rise in recent years and the financial costs of these disasters have skyrocketed. "Project Impact" hopes to stem the tide by helping communities limit property damage caused by natural disasters. At present, FEMA is involved in pilot projects with seven (7) communities. Many of these communities are coastal towns hoping to find ways of reducing the damage caused by hurricanes. One of the programs already developed is a public/private partnership to install hurricane shutters on homes to help prevent window damage caused by hurricane winds. Mr. Schein suggested that programs aimed at limiting property damage associated with high winds or flooding might prove worthwhile in Mount Prospect. Mr. Schein also presented a copy of an article discussing the Illinois Department of Natural Resource's (IDNR) proposal to curb flooding along the Des Plaines River by diverting flood waters to Lake Michigan via a large underground tunnel. Mr. Schein commented that IDNR's proposal seems ill conceived and may, in fact, be illegal. A copy of the article is attached. Mr. Schein also presented a copy of an article from a Michigan newspaper describing a court case in which a resident won a suit against a municipality for damages caused by a sewer back up. Mr. Schein noted that the case is unusual because the plaintiff's lawyer argued on the basis of trespass. Simply stated, the municipality was found guilty for allowing community waste waters to trespass on private property. A copy of the article is attached. Finally, Mr. Schein presented a copy of a brochure for a seminar on dealing with an irate public. Mr. Schein suggested that in light of the recent neighborhood meeting to discuss FEMA's proposed Des Plaines River/McDonald Creek flood map revisions, such a seminar might be of interest to staff or board members. Mr. Dennis Prikkel, 1731 Pheasant Trail. Mr. Prikkel stated that remodeling of the Frost School is nearly complete. He explained that he is attending this meeting, in part, to advise the Village Board that School District 59 is tentatively planning a re -dedication ceremony for the school on September 20. Mr. Prikkel also revealed that John Jay School will be soundproofed this summer. Planned work includes installing a roof on the center area so that air conditioning can be installed and the windows can be closed when the planes get loud. The City of Chicago, as part of the O'Hare noise mitigation effort, is funding this work. Trustee Nocchi explained that he had recently attended a meeting of the Concerned Citizens of Mount Prospect organization. During that meeting, some concerns had been raised about the maintenance building at Frost School. Specifically, some residents noted that the maintenance building still has the same decor as the old school building. If left as is, those residents felt the maintenance building would provide an unflattering contrast with the newly remodeled school. Trustee Nocchi asked if the District has any plans for improving the maintenance building. Mr. Prikkel stated that he would look into the matter. Mr. Prikkel also mentioned that he has recently been experiencing difficulty with the traffic light at the intersection Golf and Busse Roads. Specifically, he complained that northbound and southbound traffic on Busse Road has, at times, a much shorter green light than Golf Road. Trustee Wilkes concurred with Mr. Prikkel's observation and added that she had experienced a similar problem as recently as last Tuesday. Deputy Public Works Director stated that he would ask Public Works staff investigate the matter. Page 2 of 3 Finally, Mr. Prikkel observed that Timberlake Apartments recently repaved their parking lot. He asked if they were required to obtain a permit to reinstall their garbage container enclosures. More specifically, he was interested in knowing if the Village could, through the permitting process, require them to relocate the garbage enclosures elsewhere on their property. Mr. Prikkel explained that in the past, the garbage enclosures were positioned along the property line that the complex shared with single family homeowners. Mr. Dorsey stated that he would ask the Community Development Department to respond to his inquiry. There being no further issues to discuss, the meeting was adjourned at approximately 11:10 AM. Respectfully Submitted, // Z ZZ' Sean P. Dorsey L/ Deputy Director of Public Works enc. SPD \\PUBLIC W ORK\SYS2\FILES\FRONTOFFIADMIN\C W C698.DOC Page 3 of 3 y A MINUTES COFFEE WITH COUNCIL SATURDAY, June 13, 1998 9:00 AM VILLAGE HALL, 100 SOUTH EMERSON STREET Trustees Daniel A. Nocchi, and Irvana K. Wilks called the meeting to order at 9:00 AM. Representing staff was Deputy Director of Public Works Sean P. Dorsey. Village residents in attendance were: Jim Corman, 1348 Indigo Drive (arrived at 9:08 AM) Dave Schein, 700 Ivanhoe Lane (arrived at 9:15 AM) Dennis Prikkel, 1731 Pheasant Trail (arrived at approximately 10:00 AM) Mr. Jim Corman, 1348 Indigo Drive. Mr. Corman presented two (2) drawings he prepared depicting his design for the proposed second track along the stretch of Wisconsin Central Railroad adjacent to his home. Mr. Corman's drawings position the second track on the east side of the existing track. Mr. Corman acknowledged that he is aware of the railroad's intent to position the second track on the west side of the existing track. However, Mr. Corman noted that his design allows the existing platform fence to remain along with most of the trees and foliage that have provided an acceptable buffer for many years. Mr. Corman explained that he is presenting his design to the Village Board for informational purposes. He stated that he also intends to submit his design to Pat McAtee at Metra for further consideration. Copies of Mr. Corman's drawing are attached. Mr. Corman also presented a copy of a letter he recently received from Metra explaining Wisconsin Central's intent to begin work on the second track as early as September, 1998. Mr. Corman also noted that Metra intends to contact each individual property owner adjacent to the tracks during the week of June 15 to discuss landscaping and fencing options. Mr. Corman asked if someone from the Village would be a party to these meetings? Trustee Wilkes advised Mr. Corman that someone from the Village Manager's office would contact early next week to discuss the Village's response to Metra's initiative. A copy of Metra's letter to Mr. Corman is attached. Finally, Mr. Corman noted that Indigo Drive is scheduled for reconstruction this year. He also explained that he has a catch basin in the curb line directly in front of his driveway. He related his observation that the existing roll -curb in front of his driveway prevents water ponding on the catch basin from travelling down his driveway towards his home. He expressed concern that the reconstruction project would depress the roll curb and inadvertently allow drainage water to flow towards his house. Deputy Public Works Director Sean Dorsey stated that he would ask Public Works staff to check the grading near his house to see if it is possible to move the catch basin away from his driveway. Mr. Dave Schein, 700 Ivanhoe Lane. Mr. Schein suggested that Village Board meetings, ZBA meetings, and other televised meetings could be improved by the increased use of maps. He commented that maps help home viewers comprehend the geographic components of the issues being discussed. Mr. Schein also presented information concerning the Federal Emergency Management Agency's (FEMA) newest initiative, "Project Impact". Mr. Schein explained that "Project Impact" is an organized effort to establish public/private partnerships aimed at "disasterproofing" communities. Mr. Schein noted that federal disaster declarations have been on the rise in recent years and the financial costs of these disasters have skyrocketed. "Project Impact" hopes to stem the tide by helping communities limit property damage caused by natural disasters. At present, FEMA is involved in pilot projects with seven (7) communities. Many of these communities are coastal towns hoping to find ways of reducing the damage caused by hurricanes. One of the programs already developed is a public/private partnership to install hurricane shutters on homes to help prevent window damage caused by hurricane winds. Mr. Schein suggested that programs aimed at limiting property damage associated with high winds or flooding might prove worthwhile in Mount Prospect. Mr. Schein also presented a copy of an article discussing the Illinois Department of Natural Resource's (IDNR) proposal to curb flooding along the Des Plaines River by diverting flood waters to Lake Michigan via a large underground tunnel. Mr. Schein commented that IDNR's proposal seems ill conceived and may, in fact, be illegal. A copy of the article is attached. Mr. Schein also presented a copy of an article from a Michigan newspaper describing a court case in which a resident won a suit against a municipality for damages caused by a sewer back up. Mr. Schein noted that the case is unusual because the plaintiff's lawyer argued on the basis of trespass. Simply stated, the municipality was found guilty for allowing community waste waters to trespass on private property. A copy of the article is attached. Finally, Mr. Schein presented a copy of a brochure for a seminar on dealing with an irate public. Mr. Schein suggested that in light of the recent neighborhood meeting to discuss FEMA's proposed Des Plaines River/McDonald Creek flood map revisions, such a seminar might be of interest to staff or board members. Mr. Dennis Prikkel, 1731 Pheasant Trail. Mr. Prikkel stated that remodeling of the Frost School is nearly complete. He explained that he is attending this meeting, in part, to advise the Village Board that School District 59 is tentatively planning a re -dedication ceremony for the school on September 20. Mr. Prikkel also revealed that John Jay School will be soundproofed this summer. Planned work includes installing a roof on the center area so that air conditioning can be installed and the windows can be closed when the planes get loud. The City of Chicago, as part of the O'Hare noise mitigation effort, is funding this work. Trustee Nocchi explained that he had recently attended a meeting of the Concerned Citizens of Mount Prospect organization. During that meeting, some concerns had been raised about the maintenance building at Frost School. Specifically, some residents noted that the maintenance building still has the same decor as the old school building. If left as is, those residents felt the maintenance building would provide an unflattering contrast with the newly remodeled school. Trustee Nocchi asked if the District has any plans for improving the maintenance building. Mr. Prikkel stated that he would look into the matter. Mr. Prikkel also mentioned that he has recently been experiencing difficulty with the traffic light at the intersection Golf and Busse Roads. Specifically, he complained that northbound and southbound traffic on Busse Road has, at times, a much shorter green light than Golf Road. Trustee Wilkes concurred with Mr. Prikkel's observation and added that she had experienced a similar problem as recently as last Tuesday. Deputy Public Works Director stated that he would ask Public Works staff investigate the matter. Page 2 of 3 Finally, Mr. Prikkel observed that Timberlake Apartments recently repaved their parking lot. He asked if they were required to obtain a permit to reinstall their garbage container enclosures. More specifically, he was interested in knowing if the Village could, through the permitting process, require them to relocate the garbage enclosures elsewhere on their property. Mr. Prikkel explained that in the past, the garbage enclosures were positioned along the property line that the complex shared with single family homeowners. Mr. Dorsey stated that he would ask the Community Development Department to respond to his inquiry. There being no further issues to discuss, the meeting was adjourned at approximately 11:10 AM. Respectfully Submitted, // Sean P. Dorsey. 7ksDeputy Director of Publ enc. SPD \\PUBLICWORK\SYSZ+'ILEMONTOFRADM N\CWC698.DOC Page 3 of 3 s 37r 3 S , , 1 0 y E i F-x15"7,1 l0 WocD ts cle4'EIV/4%; FEN C E SCeEE'V/NG YA RD CHA t � ,_; +_ x � ;. August 9, 1996 Re: Metra Station Screening Project Resident Meeting Dear Resident: Please be advised that an informational meeting will be held on Saturday, August 17 at 9:00 a.m. for the purpose of reviewing the final plans for the Metra Station screening project. The meeting will be held onsite at the Station. I will try to secure access to the Station so that we have.a quiet, weather-proof place to meet. I anticipate having a drawing of the main screening fence. We should also have final information regarding the shopping center fence and the chain link fence. It is important that you be in attendance because there will be a few items which will require input from homeowners such as which side of the shopping center fence will face the backyards. If you cannot make the meeting, please contact either Phil Anzelmo at 296-5964 or me at 392-6000 prior to the meeting. Hope to see you there. /Veryly you L E.Manac MEJ/rcc c: Mayor Gerald L. Farley Board of Trustees Public Works Director Glen Andler IS MAYOR aiw a P, GERALD L FARLEY TRUSTEES GEORGE A. CLOWES TIMOTHY J. CORCORAN RICHARD N. HENORICKS PHRT MICHAELE HAELE W. SKOKOWRON Village of Mount Prospect IRVANA K. WILKS NEW VILLAGE MANAGER MICHAEL E. JANONIS 100 South Emerson Street Mount Prospect, Illinois 60056 AREA CODE VILLAGE CLERK 847 CAROL A. FIELDS Phone: 708 / 392-6000 Fax: 708 / 392-6022 T00: 708 / 392-6064 August 9, 1996 Re: Metra Station Screening Project Resident Meeting Dear Resident: Please be advised that an informational meeting will be held on Saturday, August 17 at 9:00 a.m. for the purpose of reviewing the final plans for the Metra Station screening project. The meeting will be held onsite at the Station. I will try to secure access to the Station so that we have.a quiet, weather-proof place to meet. I anticipate having a drawing of the main screening fence. We should also have final information regarding the shopping center fence and the chain link fence. It is important that you be in attendance because there will be a few items which will require input from homeowners such as which side of the shopping center fence will face the backyards. If you cannot make the meeting, please contact either Phil Anzelmo at 296-5964 or me at 392-6000 prior to the meeting. Hope to see you there. /Veryly you L E.Manac MEJ/rcc c: Mayor Gerald L. Farley Board of Trustees Public Works Director Glen Andler IS 547 W Jackson Blvd. Chicago, Illinois 60661 Telephone: 312-322-6900 TTY# 1-312-322-6774 June 10, 1998 Dear Mt. Prospect Homeowner Wisconsin Central Ltd. (WCL) plans to construct significant improvements to their railroad corridor through Mt. Prospect with some construction in conjunction with our joint efforts to extend existing sidings along the railroad, possibly beginning as early as September 1998. As part of that construction, a second track will be added on WCL property on the east side of their existing track. This is actually the replacement of a track removed by the previous railroad sometime in the sixties. The Village was advised by Metra of this construction plan and has verbalized your concerns. While Metra is not the owner and only a tenant of the WCL, Metra has every intention to act as a good neighbor to help alleviate or reduce your concerns with respect to changes which affect your aesthetic settings. The issue of whistle blowing, an issue in your neighborhood, is currently being heatedly debated throughout the entire country. One of the problems, unique to Mt. Prospect, is the existence of a private grade crossing at Morrison Avenue. This crossing has only railroad cross -bucks installed and requires locomotive engineers to sound their homs for additional warning. Metra has asked the WCL to investigate the possibility of closing or relocating this crossing to eliminate the excessive whistle blowing, especially at night. Eliminating or reducing whistle blowing at other street crossings will require more improved warning systems. The Village and Metra have agreed to work with WCL and the appropriate governmental bodies to obtain the appropriate funding to install the more restrictive crossing warning devices and measures necessary to eliminate any whistle blowing. Everyone should understand that this is a long term project and will not be completed overnight. Noise generated from rail cars banging rail joints has been eliminated on the existing track by the installation of welded rail and will also be installed on the new track. Banging from flat wheels on freight cars however, is something we are unable to address. Metra will work with WCL to minimize tree trimming, but corridor trimming at grade crossings is a federal mandate. To further minimize the impact, Metra is willing to make available several landscaping or fencing options to adjacent homeowners, from which you may select one. We will be contacting you personally the week of June 15th to present these options to you. Although we do not see any extreme drainage issues present, the problem of standing water between the track and property owners will also be addressed. Engineering plans will seek to improve and eliminate any existing drainage problems on the right-of-way by installation of a drainage system or by regrading the right-of-way. We hope that you will view this as a positive contribution to your homesite. While living in close proximity to a railroad will always have inherentroblems, we hope we can make these particular construction improvements as painless as possible for you. If you have any questions regarding this matter, please feel free to contact Jack Bauer at Metra at (312) 322-8015. Sincerely, J. Patrick McAtee Senior Director Planning and Real Estate Development CAOOCSMT. PROVADJOWMWJB Metra is the registered service mark for the Northeast Illinois Regional Commuter Railroad Corporation. lead of the Elgin Area visitors bureau, is trying to inities together to come up with a marketing plan. .ca: 1 he the first thing places too much n. Ramsay said. .iltacut Paul Wei• :tI•c•ion will focus s can work tourism. wanted to open )lain what it can "Once that bond the hope is that ,ts will come in ting together." o Wednesday's i suggested the invnthly open ,i's can socialize ctivities. He also ded the name .reau. ,e recently sur - i's members and '.hem weren't in . Others didn't sreau could help 'We need more suppose they're b. but we don't re doing.' " Wel- )erates with an of $550.000, of :omes from the )0, from Elgin's he city also pays have the bureau •s center in the `This is an old farming community. All of a sudden, it's got life. Maybe we can learn something about marketing the town.' Huntley Village President James Dhamer ble. according to the visitors bureau. Huntley Village Presldent James Dhamer said he plans to attend Wednesday's meeting sim- ply to learn what the bureau has to offer. Dhamer said Huntley's outlet mall and the pending development of Del Webb's Sun City retirement village means increased traffic for a community that previously only had to worry about promoting its annual Huntley Fest. "This is an old farming commu• nity. All of a sudden, it's got life," Dhamer said. "Maybe we can learn something about marketing the town." Grant Dahlke, director of mar• keting for Santa's Village in East Dundee, said he's attending the gathering to ensure the bureau's future marketing strategies and promotions don't center soiely on the riverboat. ENERGY REGULATORY 312 353 0109 P.01%01 Tunnel by Waukegan" .7 vitt Casino's "Sometimes. the riverboat gets more than its share of attention," people took bro- Dahlke said. "I think people need visitors center to know there's more to do in the l focus of flood' plan By Casey Bukro TRIUUNF. STAFF WRITER The U.S. Army Corps of Engi. neers said Tuesday that it will soon release a long-awaited report on controlling floods on the Des Plaines River with a series of levees and reservoirs in Lake and Cook Counties. But the Illinois Department of Natural Resources said It might have a better idea: Build a $52.3 million underground tunnel near Waukegan to flush flood waters into Lake Michigan. The competing, and starkly dif ferent, approaches emerged more than a decade after two of the worst floods in the region caused more than $100 million in damages in 1986 and 1907. State officials say the Army Corps essentially is proposing a "band-aid" approach, while some- thing more powerful is needed In an urban region under rapid development and facing even Worse floods in the future. State officials say floodwaters cause about $20 million worth of damage a year along the Des Plaines River. The tunnel concept is "the big engineering answer we haven't even looked at" until now, said Donald Vonnahme, director of IDNR's Ofrice of Water Resources. Though it is described at this point as a concept. a 16 -foot diame- ter tunnel could be bored through solid limestone 200 feet below the surface for a distance of 35.000 feet. It could start where Mill Creek enters the Des Plaines River near Wadsworth and run east near the border of Waukegan air- port to the lake. It would be the first major tun• nel project since the Metropolitan Water Reclamation District began in 1976 to bore 109 miles of such tunnels. The tunnel idea is in its early stages. according to Vonnahme. but he said people living along the flood -swept Des Plaines River should be offered choices so "we can decide whether we want to do something like that or not." Arlan Juhl, MNR's chief of engi- neering studies, said the tunnel to Lake Michigan could handle about 16 million gallons of water over a 1 -1 -day period. Paul Mohrhardt, acting chief of planning for the Army Engineer's Central District In Chicago, said the agency is finishing its new Des Plaines River Floodplain Study, scheduled for release by the end of Al a 7 June. "Essentially, we're winding trp with recommending some levees and a couple of reservoirs." said Mohrhardt. Construction could begin In 2001. Sources familiar with the Army Corps study say it involves build- ing two levees, one in the Mount Prospect/Prospect Heights area by raising a portion of River Road. The other would be in the city -of Des Plaines, near Dempster Street. The study, which requires approval by the corps headquar- ters and Congress, calls -for expanding the Buffalo Reservoir iia Lake County and the Big Bend Lake near Golf Road on the Des Plaines River. Two smaller fl retention reservoirs also are under consideration in Van Patten Woods and on Mill Creek, botih.p Lake County. Because of rapid developmgll. said Mohrhardt, "there are area that have been constructed .in what may have been the floodplain that have potential for suffering severe damages. It will continue to change, with faster and more (stormwater) runoff to make things worse." The upper Des Plaines River riots 67 miles from the Minois-Wis- consin state line to Riverside. The river drains an area of 630 square miles and includes 13 major tribu- taries and 33 municipalities in Lake and Cook Counties. Severe flooding struck the Des Plaines River 15 times between 1938 and 1996, with the worst in 1986 and 1987. More than 15,000 res- idents were evacuated during the 1986 flood. The trouble with the Army Corps of Engineers proposal. said Vonnahme, is that it reduces the duration of flooding in Lake and Cook Counties, but not the height of flood waters. "They are lowering• the water surface by half a foot or a .foot." said Vonnahme. "We really want to reduce it on the order of three and four feet. "It doesn't make much difference if your living room is inundated for 30 seconds or six hours; it's ruined' One of the major flood dlsmp- tlons along the Des Plaines River, he said, is that key roads go under water. "'Traffic disruption is terrible." Vonnahme said, but nothing in the Army Corps Plans help to Duce such flooding. trih11tA to t1— vlevie a TtinwCo STATE OF MICHIGAN TRANSMITTAL NAME TO: NAME [] NOTE AND FORWARD APPROVAL 2.� 6 ACTION PLEASE SUMMARIZE NOTE AND RETURN 3. ^ 7. tj Y 0 7igga 1 f-1 FORWARDFD PER REQUEST ❑ PLEASE SEE ME ;i 4. 8. - FOR ACTION AS INDICATED F] SIGNATURE n REPLY -MY SIGNATURE [] NOTE AND FORWARD APPROVAL REPLY -COPY TO ME NOTE AND FILE ACTION PLEASE SUMMARIZE NOTE AND RETURN ❑ COM TS C] PLEASE INVESTIGATE E] PLEASE PHONE ME FORMATION f-1 FORWARDFD PER REQUEST ❑ PLEASE SEE ME REMARKS: FROM .;I-- I DATE FORM 10580 c�: b rho Pilots .��snci;uiun, who 1 ?)e idcn(ilizci, laid hiluts on Wht!"hCr to ballots•vere mailyd 15 ...,d arr hue b.!ck 1t:1y , ilt• �v�C�[� U';Nr'h'tlrllill(1'� NORTH1tiEST, Pd',- 13A `r,� ur,icn May 1E. Other unions hwe yet to take this Step. ;u strike date is set. The federal government can impose a 30 -day cccling-off period befare a strike can take place. "there was no big, increase Wednesday in people backin;l- out of Northwest reservations. said Jun Aus- tin, managing director of public rela- tions. Q: I've got a Northicest Airlines ticket out of Detroit for this weekend. Should 1 show up? A: Yes. Northwest officials said they'll Ifl tI;C lit.iai �1 .....c': ...... ...... .... ... status. Q: Meat if l arrive at the airport and my fVorlhicest flight is canceled? Miat are my options? A: Northwest will reschedule you on another flight or put you on another airline if necessary, Austin said. Plense see PASSENGERS, Page 13A Cries, �own� fea,r flood of litigation It's now easier to sire City Hall for liability BY K13f NORTH Five Press 5lalf Writer Belealruered — and wet — home and business owners may now find it a lot easier to hold their cities respon- sible for flooded property. But munic- ipal officials argue such a develop- ment could hurt more than help by forcing them to raise taxes and cut services to handle the lawsuits. A 2-1 state Court of Appeals deci- sion issued March 31 makes it easier to fault cities for property damaged by flood,,. ii part by not requiriii.q that plaintiffs prove negligence. "According to this decision, whether the cities are at fault for the flooding or not. they better get out their checkbooks," said Don Stypula, .environmental affairs adviser for the Michigan iMunicipal League. "We have grave concerns that this will open up the proverbial floodgates at the expense of every single taxpay- er." Not true. say supporters of the decision. They say taxpayers will benefit because municipalities. fear- ing that such lawsuits will be easier to prove under the ruling, will be forced to maintain their water sys- tems. That could prevent flooding, which can decrease an entire neigh. borhood's property values. they say. The ruling comes at a time when hundreds, if not thousands, of proper- ty owners from Westland in Wayne County to South Lyon in Oakland County and to Warren in Macomb County are demanding they be com- pensated for flood dalnages. "How do y!)u budget or set your rates when you don't know how many of these claims will come in? And what if it's on the part of the home owner?" Linden Beebe, South Lyon's superintendent of water and wastewater, said Wednesday. '"This has the potential to quadruple our rates. "We provide the lines. We don't control what goes in them." On the contrary, said Steve Liddle, whose Detroit law firm of Macuga, Swartz & Liddle specializes in flood lawsuits and is currently handling about 400 flood cases. He argues that a city is responsible for how its lines operate. "(n 1993 you should not have sewage backing up into your house. Cities have got to stop cutting cor- Please see FLOODING, Page 3A Southfield man leaps from Mackinac Bridge It's the third sii cide frnm cnnn _cinrp I V7 and another saw the man hit the calr. water. The man's body was recov Bred seven minutes after the jump b: the Coast Guard and the Bridg THURSDAY, APRIL 23. 1998; CETROIT FREE PRE3s 3A i -ties, towns fear flood of litigation )ING, from Page 1A Liddle said. en cities that maintain their ns at high standards and ex - could be vulnerable, Stypula !d, so the league is using its lefense fund to appeal the deci- the state Supreme Court e league would represent the f Midland, where the lawsuit ated, as well as every Michigan :ipality. the Midland case, a jury award - o companies, the owner of the ng they occupied and an insur- i,674.74 for flood damages that I the businesses for several 3. 1lidland appealed to the of Appeals, which upheld the :t. ice an appeal to the state Su - Court could take years to ,e, Stypula said the league may also ask state legislators to pass laws protecting cities. In the decision by the Court of Appeals, Judges ;Myron Wahls and Michael Kelly said that cases, includ- ing a 1994 state Supreme Court rul- ing, bound them to find that govern- mental entities are liable for flood property damage under the trespass - nuisance theory. The theory says a governmental entity is Iiable if it causes a "trespass or interference with the use or enjoy- ment of land ... resulting in personal or property damage." When that theory is applied, proof of negligence isn't necessary, the judges said. But Judge Hilda Gage, the dis- senter, said no prior cases "call for strict liability for a municipal defen- dant based on the construction of a sewer system or other public works project" She encouraged the state Su- preme Court to accept an appeal "to resolve the apparent controversy con- cerning whether a public defendant can be held strictly liable for trespass nuisance or whether the plaintiff must establish some level of wrong- doing on the part of the defendant." Some lawyers agree, others don't. If municipalities are held strictly liable "the economic effect on cities, townships, villages and the like could be absolutely staggering, catastroph- ic," said John Gillooly, a lawyer who specializes in municipal law. There would be no staggering losses if cities provided adequate sewers in the first place, said Liddle. "If sewage ends up in your home, the city has failed to maintain its system," he said, and many home owners can't afford to hire the ex- perts it takes to prove negligence or find a system breakdown. Denise Williams, the insurahce manager for the city of Warren, said many cities operate aging systems as best they can, but some situations are beyond control. "If this decision goes forward, Warren will be virtually uninsurable. There will be no way to pay all these claims," she said. Westland resident Cheryl Bates, one of dozens of residents who sued Westland over basement floodings last year, isn't buying it. "This increase in takes that they're threatening is a bunch of cloak and dagger hooey," said Bates, who settled her lawsuit for an undis- closed amount in January. '"They're supposed to anticipate when an area isn't capable of handling a heavy rainfall. If you build a good sewer syste.ni and maintain it, you don't have to worry about it." Stypula responds: "That's illogical. To claim it's the municipality's fault every time it rains and to hold the taxpayers responsible for an act of God is a stretch," he said. The rains that have hit metro Detroit in the last few years are far from catastrophic, Liddle added. "An act of God? Grand Forks, North Dakota, was an act of God," he said. "When sewage washes into your home after two inches of rain, that's not an act of God." Kim North can be reacted at 1-810469-8085. Survey Sa�TS J Nopar ments, no inter 6 percent X01° OFF ALL KARAT of doctorsINCLUDING pA aided suicide ab Av i� ie in a Docroxs, from Pane 1A