Plan Council Minutes 1996 12-12-96 s
CITY OF YORKVILLE
Committee Minutes - Planning Council
Date of Meeting: December 12, 1996 Location: 111 W. Fox, Suite 3
Time Convened: 9:35 AM Time Adjourned: 12:00 AM
Attendees: Representing
J.T. Johnson City of Yorkville
Mike Bohr Cannonball Estates
Lisa Rauch Cannonball Estates
Cal Thelin Cannonball Estates
Thomas Javorik Cannonball Estates
John J. Williams Cannonball Estates
Joe Wywrot City of Yorkville
Jeff Palmquist Lannert Group
Bill Dettmer City of Yorkville
Tony Graff Yorkville Police
Jim Nanninga City of Yorkville
PC 96-7 CANNONBALL ESTATES
Nanninga opened the meeting asking if there was anything new since the last Planning
Commission review meeting that the Cannonball Estates people wanted to advise the Council of
Thelin stated that they had an opportunity to discuss the water issue with two of the neighbors in
the area, and they hope that they can participate with the City in helping to resolve that issue as it
may exist, and not as a part of the annexation process, but rather as to not adversely affect the
neighbors, and maybe they could even improve it. They will in fact design their detention areas to
do as much as it can. Thelin asked Javorik to comment on detention and how he thought it
should be treated so that it can deal with any issues the neighbors may have. Based on
preliminary design Javorik stated that they thought the problems are the shallow wells. We can
make a detention pond as an excavation in the lower area near Cannonball, and make sure no
water goes out from there, or not, based on soil borings that could indicate excavation will not be
a problem. Cannonball Estates will get water from the City of Yorkville, therefore they are not
creating an additional problem. It is very hard to get information from the other side of
Cannonball. Bohr stated that according to the elevation, 25%will be subject to the ground
water. They took borings down to 20' , and most of the areas are probably going to be 6' - 8'
based on how flat the property is. The foundation elevation will probably be 1 1/2' above that.
He ran a calculation and only about 25% of the homes are going to be in that range. Jim stated
that as you come in for permits for certain areas, we would require certain things such as, if there
is a basement, then the City would require special waterproofing, and a battery back-up for
power, but this will come during final. I just want you to be aware of it. Bohr stated that the
water table at the North end of the property near Faxon& Cannonball is 2' higher, and as you get
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toward the middle of the property it has actually gone down about 4 feet and in the Southeast it
is approximately 2 ' lower. The water used to just sit there and now it drains. We will make
copies of any of this available to the City. The only thing not considered is that the rainfall has
been less, and there is probably some natural causes also. Most water comes from Rob Roy
Creek. Wywrot asks if they have a field tile analysis. He is concerned with the discharge from
detention basin. This can be a point of contamination for people with shallow wells. Tom stated
they could use a perforated pipe system with sides only being perforated, or they can go back to
the completely routine storm water management and have a detention pond, we have both options
open. Whatever the City wants. Wywrot stated perhaps an expert should look at this. Bohr
asked how many people have shallow wells. There are about 3 and one is now on City water.
One with shallow well is toward Route 34, the older homes along Cannonball are probably the
ones with sand point wells. The newer homes have deep wells as sand points are no longer
allowed unless you do it yourself. Wywrot states he is concerned that if someone dumps motor
oil in the storm sewer and residents get sick, they will blame the City whether it is right or wrong.
Thelin asked what can we do to raise the comfort problem. Nanninga stated the City has just
sent a letter offering water connection with no fees, but they do have to pay for the service line
going in to them, and then they will have to annex. We have also volunteered to have our expert
back to re-evaluate and invited their engineer to be present. Palmquist stated that the Plan
Commission is going to need something conclusive to cover this. Johnson stated that he has no
problem with the water, that there is no problem. He has a 40' sand point well and they are a
problem, the EPA has been addressing it for 20 years. People in the farming community have had
that problem with chemicals on the crops and feed lots, and anything of that kind. The water
table is not a problem. Nanninga stated he felt the water should not be retained, let it flow
through. Thelin asked if a strategy could be presented to the Plan Commission outlining the steps
to be taken. Nanninga stated he had hoped for a meeting with Lindley. The City is paying to
have him back again on this issue. Thelin stated that if this problem isn't resolved it will delay the
project considerably. Wywrot stated maybe they should get a ground water expert to review
Lindley's findings. Thelin stated they would do that as part of the annexation process. Wywrot
stated that they probably won't reach the annexation process without it. Thelin stated this was not
really their issue. There is nothing they can do with their property except whatever is
recommended. If the water problem has to be resolved before they proceed through the
preliminary plat process, there are too many transitional issues and it may never make it out of
there. The concept plan can be accepted or rejected, and the water issue can be dealt with by the
City Council and the Planning Council, but it should not be a Plan Commission issue at this time
as it should be a professional issue. It should be presented in such a way as not to be held ....
Nanninga states hostage. Thelin states he didn't want to use that word, as he isn't sure that is the
intention by his objectors, but it could have that effect. A recommendation could be made that
the Final Plat not be approved until the City has signed off. On the manner in which the
engineering for the detention areas, recognizing the water problem, let the professionals do it, we
would all be better off. I hope that would be something the City would consider. Nanninga
stated that ideally this was right. Wywrot stated that he wondered why Cannonball Estates would
want to do it that way as this is a very basic issue. Why spend the money on engineering and
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planning and then have it fall apart. Thelin stated that no one has said this land should not be
developed, or that the comprehensive plan land usage is such a nature that it can't be developed,
but rather it can be developed as R-2, and with those two elements it is a matter of how that
detention area can be designed. Tell us how to do it and we will do it. Wywrot stated the City is
not the appropriate one to tell you how to do it, you need to get a groundwater expert or offer to
hook everyone on Cannonball Trail up to City water. Thelin stated that everyone on Cannonball
is not our issue, and the City has already offered to hook them up for free, but it is conditioned on
annexation. Nanninga stated the City was not volunteering to pay for the water line. Wywrot
stated there is two ways to make the problem go away and that is to do a real thorough study by
another expert, and perhaps another expert beyond that so all the experts agree that the
homeowners on Cannonball Trail are wrong. Or not know if they are right or wrong and say we
are going to solve it, and take away the argument by taking away their wells and giving them City
water. Thelin stated if we assume they are right then it is an engineering issue of how to design
this so as to not aggravate the problem, is that it? Wywrot stated that in an ideal world yes, but
you need to get your ground expert to prove and demonstrate that you aren't going to be
aggravating the problem. Thelin stated he would like the Plan Commission approval subject to
their obtaining this, as the timing is not there to get this done, and they won't believe that expert
either. They are willing to deal with these issues, and get the Plan Commission to agree and they
are willing and move it onto an engineering level to get this thing done. Wywrot stated they
could get it done now. Thelin stated they would try, but if for some reason this is not done, they
will not be held up for another meeting. Wywrot stated he understood, but people are extremely
vocal, and are not going to go away, and getting conditional approval is not going to move you
that far along. Nanninga stated that he didn't believe that Plan Commission would do it. Logic
says the whole issue of ground water and our storm sewer has absolutely nothing to do with
your development, but they have married it together, so logic isn't prevailing. Thelin stated he
would like logic to come from the recommendation of this body. Can you recommend that?
Wywrot stated that they could only recommend individually. Palmquist stated that the worst case
scenario, and lets say that this development would exacerbate a ground water situation, what
impact would that have on the plan as proposed? Would that mean they would have to reduce the
number of lots in half, change the plan or is that something that would then just require technical
engineering mitigation measures in the form of a plan. If the plan is going to change significantly,
I would agree with Joe. Johnson stated the plan shouldn't change. The number of homes has no
bearing on how they handle the ground water. Palmquist stated that it is not a technical issue that
affects the carrying capacity of the land. Based upon your general assessment you would find a
general land use subject to specific investigations upon development. Regardless of the impact or
lack of impact on the groundwater, there is still a reasonable potential to get that plan. It would
be contingent on how much and what measures they have to go through to prevent any further
problems along Cannonball Trail. Nanninga stated he agreed, and had one thing he wanted to
ask, he would like to know, is when they mentioned 25%being subject to groundwater. Can you
raise that 25% so that none of the new development makes an impact on their ground water by
raising them above the water table. Johnson stated that in dealing with this group, they will just
raise another issue. They are already using the way the County has zoned this as an issue. They
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don't want this development, they have some old documentation stating they would have only
large lots out there. Also the traffic issue. Due to roof tops, blacktop, etc. water doesn't get into
the ground as fast as it used to, so they will use all of this to say it affects their wells. Thelin asked
how many residents are directly affected. Johnson stated that deep wells cannot be affected.
They had one woman who was affected with water turning orange, but she has connected to City
water. Ground water goes the way it wants to go, not necessarily the way it has always gone.
This issue is more political than anything else. Graff stated that the policy decision made by the
Plan Commission will be based on direction from the City Council, and they need to make a
decision on this entire issue. Palmquist stated he thought the Plan Commission would appreciate
that, as they look at the plan based on primary issues, the water issue clouds other issues. Thelin
stated the best he could do was provide data. Johnson stated there is no land use change here
and the water is not an issue, you need to have your expert come in to the Plan Commission and
say what he found, and we have our Lindley Report that shows what we found. Thelin stated he
would like a recommendation for an expert. Johnson stated there is someone from the University
of Illinois who did a lot of work in Aurora, and Sugar Grove. Gilkerson is a geologist and has
done a lot of studies in this area. Nanninga stated that Joe prepares a letter directed to the Plan
Commission as our City Engineer reflecting his blessings, and stating he has looked at all the data,
and invited the Cannonball Trail resident expert along with the information from our expert. This
is what it takes for the Plan Commission to make a recommendation. Wywrot stated you just
need someone who is qualified. Perhaps submit 3 names, with their educational background and
references. Thelin asked Javorik to do this, and quickly, to have names to Wywrot by Monday.
Nanninga stated there are no guarantees, but if they throw experts at the problem and they have
the letter, and the Plan Commission votes no, then our Council can say "We did what we needed
to do" , and there is some justification to override, if that should happen. Thelin state they would
get the expert. Wywrot stated the review of the preliminary plan can go on concurrently with the
ground water issue. Nanninga stated for the record that all developers are billed for time during
this meeting for Palmquist's time. Wywrot stated that the resolution states there is a $500. fee at
the time of concept plan, and a balance due at preliminary plan submittal. Bohr stated they are
pretty current. Palmquist stated they should address the landscaping and berming, and that they
do need a landscape plan. Bohr asked if they still need to berm as that was based on smaller lots.
Palmquist stated they recommend no driveways onto Cannonball Trail. Palmquist stated you need
some heavy landscaping and berming regardless of whether it is the front or back of the home
along Cannonball. Bohr stated he wanted to know if the plan is what the City wants, to avoid
doing any additional drawings. Johnson stated the Plan Council is a recommendation body only.
Palmquist stated they do need to diminish the appearance of the rear of homes from the road, and
that all marketing reports on this subject state this is high on the list as being the way to go.
Thelin stated that Javorik should work out a plan with Palmquist, and submit it to the Council.
Bohr stated it looks like they will have to re-design the plan again to meet these type of
requirements. Palmquist stated regardless of what anyone says, or any other factors such as
traffic, etc., Cannonball Trail will be a collector road and should not have driveways coming out
onto it. Nanninga stated for the record that everyone is in agreement on that. Nanninga asked
Wywrot for comment& questions on watermain circulation and sanitary sewer. Wywrot stated
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he had only looked at it briefly, and so he wants to look at it closer, but nothing is glaring.
Palmquist stated that the traffic report recommends that Faxon be reconstructed to a 90 degree
angle at Cannonball. Bohr stated this can be done. Wywrot stated he sent a copy of the traffic
report to IDOT, so they may want to contact Greg Mounts at IDOT. Nanninga stated he would
like to discuss improvements that will be required on adjacent roads. Start with Cannonball, it is
shown on the plan as a collector and would have 39' curb and gutter street, but the question is,
do we really want that on Cannonball? If not, another option would be is to take whatever that
cost would be to improve Cannonball, to take those funds and use it to resurface all the way down
to the intersection at Route#34, and then the question is, do we need turn lanes? Wywrot stated
the traffic report did call for turn bays, in at least one spot. Nanninga stated that obviously the
turn bay would require widening, and that covers what should be done to improve Cannonball,
and your requirement would be half. Bohr stated there is a natural waterway there and it works
with the contour of the land, and changing that would be a major expense. Palmquist stated that
this area doesn't need curbs, it makes it more urban, and that is not the desired look for this area.
Johnson stated we need to be very careful as the City Council may want sidewalks, curb and
gutters here. They have expressed that they want it everywhere. When we address Faxon Road
improvements, it should be done differently. Nanninga stated yes, that is true, we are only
recommending here, but it would be nice to take those funds and resurface Cannonball all the way
to Route#34 and have a nice entrance. Palmquist stated that the City Council should be asked to
look at the cost benefit of that. Thelin stated that assuming they are comfortable with costs based
on an engineers estimate, the dollars are not an issue with them to make this change, the issue is
with what the City will do with those dollars, so should we show curb and gutter on the
preliminary plan or not. Johnson stated they should not show it based on the recommendation of
this body, and this is a good option. Palmquist stated this could be reflected in the annexation
agreement as there is no PUD. Graff stated he knows the City has not adopted the Rural
Standards that are being worked on, but that had no curb and gutters, and this fits that
classification. Nanninga stated he agreed, but on those standards the City was requiring 1 acre
lots for that. Graff stated he liked Eola's path and are we going to do something here, a walking
&bike path like that along the opposite side of the swale on the easement and maintained by the
municipality. Palmquist stated that was a good idea since Cannonball and the corner is sure to be
commercial. Nanninga asked if Plan Council was in agreement with this. No objections were
voiced. Graff asked about lighting on Cannonball. Wywrot stated City standard for lighting.
Nanninga stated lights at 300'. Nanninga stated lets move on to Faxon Road now. Wywrot
stated Faxon is beat up and needs to be raised to City standards. Nanninga stated they don't want
any half streets, that the whole road needs to be done with recapture, 39'with curb & gutter.
Palmquist stated this will be a collector for residential. It will be intercepted by the new industrial
North/South road and that is where the truck traffic will split, Faxon and Cannonball roads will be
posted so truck traffic will have to use the new North/South Road. Johnson stated that industrial
road needs to be foremost on the list of improvements for the industrial area. This should be
referred to Wywrot for his recommendations. Palmquist asked about turn lanes. The State will
want a turn lane. Thelin stated that he understands that they need an engineers estimate of cost to
fully improve Cannonball with curb and gutter, but as it is rural and no one wants curb and gutter
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the funds will be used to resurface all of Cannonball instead. Graff stated that for fire and police
both entrances have to be accessible to the development. Thelin stated that in order to make this
project flow correctly we need to have the meeting on the water issue before the New Year. We
also have to resolve landscape issues for Palmquist. Nanninga stated they also need to meet with
the Park Board. Thelin stated he has done that and they will take Lot#11 & 12, and about 1/2
acre into the high areas of the detention behind these two lots which comes up to 1 acre, which is
what they wanted. An acre plus cash. They want them to incorporate the lots into the detention
so they are not responsible for maintenance. Johnson stated he doesn't understand how the
maintenance will work. Thelin stated they will maintain the detention area, the City will not have
to. The City wiVmaintain maintain the park area only. They will dedicate the detention area of
the Park to the homeowners to maintain. Johnson stated that historically the City gets stuck
maintaining these areas that are left to homeowners associations to care for. Thelin stated the
cash for the parks amounts to $37,500. Thelin stated they will make it part of sales contract.
Nanninga asked for other issues.
Adjourned 12:00 PM
Minutes By:;�c�