Title/Name/Summary
Park Corners II Storm Water Complaint
History
This report is a follow-up to the concerns presented to the Board of Trustees by Mr. Charles O’Connell residing at 13501 Circle Drive, which is located directly east of the Park Corners’ II professional office building at the SE corner of 135th Street and LaGrange Road (SW corner of 135th Street and Circle Drive), was approved by the Board of Trustees on September 17, 2007 and construction of the project was completed in the fall of 2008. The O’Connells contend that improper design and flooding has impacted their property. The issue was heard & discussed at three (3) Public Works & Engineering Committee Meetings- 11/10/08, 12/8/08, 1/12/09.
The four points below summarize the issues presented by the O’Connells and detailed descriptions follow with further background.
1. Storm Water Design
When Mr. O’Connell approached the Village regarding the road construction of the project, staff met with him on several occasions to discuss the project. Staff instructed CBBEL to double-check the design to ensure confidence in the review of the project with respect to storm water management. A re-review resulted in no changes to the approved design. A memo from Christopher B. Burke Engineering Ltd. (CBBEL) is attached, which addresses the issue proper storm water management design for the project.
2. Storm Sewer Extension
Mr. O’Connell contends the swale/slope along the Circle Drive frontage of his property should be filled-in to lessen the slope and a storm sewer should be extended across this frontage to improve the drainage. Mr. O’Connell believes doing so would prevent any flooding problems. Staff and CBBEL have debated this issue with Mr. O’Connell numerous times.
Staff has met with Mr. O’Connell in the past when his subdivision was annexed to the Village circa 2000-2001 and was improved with new streets and utilities. At that time difficulties were experienced with the drainage of the swale along Circle Drive due to the disturbance caused by utility construction. Despite the lack of grade, the swale still effectively carries the overland flow. A storm sewer extension would provide no additional benefit with respect to conveying the volume of storm water.
The drainage area tributary to the swale in front of the O’Connell residence remains unchanged. The Park Corners II property has not added more drainage area feeding this swale. Also, the capacity of the storm system for this area is controlled by the County storm sewer which releases to the Southmoor Golf Course pond. Additional storm sewer installed along Circle Drive will not increase the capacity and therefore provide no benefit.
3. Slope Steepness & Maintenance
Mr. O’Connell has argued his property has been severely impacted by the widening of Circle Drive in the public right of way, he contends the approved plans were not followed and he claims erosion will occur on the parkway slope as a result of this widening The steep slope resulting from the widening is not ideal, but not excessive. Similar slopes exist elsewhere in this area along 135th Street and these other areas are maintained without suffering from substantial erosion. The intent of the approved plans was followed, and the fact that some of the slope is slightly steeper than the approved plan, by a matter of inches, is still considered generally acceptable in the field.
Staff does not dispute the slope was substantially altered as a result of the Circle Drive widening. Nonetheless the slope is certainly maintainable. As a concession to Mr. O’Connell’s concerns for slope maintenance, the Village and McNaughton Development are negotiating a covenant on the Park Corners II property which requires McNaughton to maintain the Circle Drive right of way along the O’Connell’s property. It should be noted Staff also proposed the slope could be replanted with low growth, low maintenance vegetation and that idea was declined by Mr. O’Connell.
4. Flooding
Mr. O’Connell claims he has flooded numerous times as a result of this project. The very wet seasons of fall 2008 and spring 2009 seasons have demonstrated the storm water management functions properly. This subdivision has no storm water detention and therefore storm water must flow, and occasionally will pond, in the roadside ditches and swales. As always, drainage flows downhill and the O’Connell property is located at the lowest point where the storm water must cross 135th St. to enter Southmoor Golf Course. The storm water “flooding” that occurs within the 135th St. and Circle Drive public right of ways. Mr. O’Connell has reported no in-home flooding.
Staff has observed Mr. O’Connell’s claims of flooding and the evidence he provides shows ponding in the right of way that is no different than what has been observed in this area prior to the construction of Park Corners II. For Mr. O’Connell to imply that this area has never experienced the type of right of way flooding seen in fall 2008 and spring 2009 is simply not entirely accurate.
It is the opinion of staff that Village staff and consultants, McNaughton Development and the Mayor and Village Board of Trustees have expended a significant amount of time in responding to the concerns raised. Despite those efforts, the O’Connells are not satisfied with the solutions offered by the Village and McNaughton Development. The agreement with McNaughton for maintenance will be finalized and staff recommends closure of the matter at this time.
Recommended Action/Motion
I move to accept the report and close the matter for further Board consideration as recommended by staff and consultants.