Trustee Foresta arrived at 7:10 p.m.

Attorney Anderson stated that he has a copy that was e-mailed to him, and he believes that is the draft Mr. Callahan is referring to.

Trustee Larson stated that because the drafts look so similar, she is uncertain what changes have been made and which sections will remain.

Trustee Porch suggested that since the Trustees do not have a current copy of the annexation agreement, that we do not take any action on this tonight and that Neumann Homes provide enough copies of the updated annexation agreement.

Mr. Ron Martin, Savage Road resident, read his letter expressing his concerns for the Neumann Home Development and the impact of the development on the community. Mr. Martin also stated that his home has always been Antioch and he has considered both the township and the village as one community. He wanted the Mayor and Board of Trustees to be aware that township residents help support local businesses by going to the village to worship, to bank, shop, purchase vehicles, as well as for medical and educational needs. While its true the township residents can not vote for village officials, they do, however play a large part in the economic prosperity of the village.

Mr. Marv Oldenburger, Oakwood Drive resident, a former Village Trustee (May 1993 - May 2001), stated that he believes that almost everyone agrees that the proposal to build over 1300 homes on the former White farm is not in the community's best interest because of the adverse impact that it will have on schools and traffic. On the other hand, he understands that within certain limitations the plan for the property needs to be approved, he doesn't think the plan that is in front of the board today is the one that needs to be approved because it includes variances for length of cul-de-sacs and radiant curves in the roads and most importantly for lot sizes. It is his belief that removing those variances will ultimately reduce the density, somewhat. Certainly not to the extent that we all believe would be ideal. But any reduction is an improvement. Once the variances are removed, and water and sewer is available to the site, the village will really have no choice but to approve a project for that site regardless what the impact might be on our infrastructure. In keeping with his recommendation that the village try to reduce density on the Homer White farm, however, he would seek against approval of the annexation of the 55 acres of land that is the subject of this hearing. This annexation will only serve to encourage and enhance the ability of the developer to increase density on the Homer White farm and will most probably add additional home sites on the 55 acre in question. If 1300 homes are a problem, more homes are a bigger problem. Mr. Oldenburger also reviewed the annexation agreement. Trustee Larson already pointed out the section which refers to changing to R-1 zoning, if requested. Mr. Oldenburger sees no benefit to the village for guaranteeing density for the developer. If the property is annexed, it should come under the E-1, with nothing further guaranteed concerning density or future zoning. His understanding of village code section 150.027 B would make that action illegal. Mr. Oldenburger further reviewed other sections of the proposed annexation agreement which included a reference to condemnation for easements, the February 17th agreement between Deercrest LLC and S & S Properties, construction, recapture agreement, signage, building permits and other items that appear to favor the developer. The village has its own ordinances and procedures in place which serve it well. To set up another set of procedures and rules to accommodate the annexation of 55 acres and the building of 144 homes is ludicrous. Mr. Oldenburger stated that the developer should comply with the ordinances and procedures that are in place at the time he seeks approval for his proposal. In conclusion, Mr. Oldenburger reiterated that the village should not approve this annexation to accommodate the development of the Homer White farm or as a stand alone development unless it was an E-1 development in full conformance with the comprehensive plan. The village has complete discretion in the approval of any annexation. Mr. Oldenburger also stated that he has heard some of the newly elected officials suggest that they have inherited this mess and that they have to do what they have to do. They do not need to approve this annexation. They have complete discretion until they approve it, and then they've lost control.

Mr. Norm Geary, Joren Trail resident, stated that he has over thirty years experience as a local elected official. Mr. Geary re-distributed copies of the legal opinion from Attorney Newton Finn regarding the annexation agreement. Mr. Geary stated that the agreement was null and void because when it was originally annexed as part of the 1300 acre parcel, one of the provisions of the ordinance was that it complies with the P.U.D. and comprehensive plan. Mr. Geary asked the members of the Board to take the time to read the Newton Finn opinion because it gives them firm purpose to deny this development. It would only be a burden on the taxpayers of Antioch and will only be a benefit to the property owner and developer.

Mr. Gregg Umek, Savage Road resident, read aloud his letter concerning the 55 acre annexation agreement by Neumann Homes. In section 7 paragraph F, Neumann Homes wants to take their land along Savage Road to install a median going to the entrance of the development. In section 7 paragraph G, Neumann Homes wants the Savage Road residents who just lost their frontage land to pay for this so called benefit. This is totally unfair. Mr. Umek believes that 98% of the people attending the meeting tonight are opposed to the Neumann Homes development. With this in mind, he asked the Trustees to represent those who elected them and to disregard all the threats.

Nancy Binder, Victoria Street resident, urged the Village Board to vote no on both the annexation and also on the development as it's currently proposed. The density granted by the settlement agreement, whether it is a valid agreement or not, covers the Anest property, but not the Homer White property. The density of the Homer White property should conform with our zoning ordinances. Some of the lots do not meet the minimum square footage. The variances for cul-de-sac lengths and turning radius should be reviewed. The calculation of open space should be reviewed again to ascertain what percentage of the open space contains water at some times of the year. The development of 600 acres requires 25% of open space of which no more than 50% can contain water. Some of the land that is proposed for parks contain sensitive wetland. Ms. Binder stated this would be inappropriate for active recreation. The 1300 homes proposed includes a club center that would be constructed in phase three. Ms. Binder suggests that if this development is approved, the money for the club center should be put in escrow at the beginning of phase one. Ms. Binder stated that she feels until the easement is resolved, voting on this development is premature. Ms. Binder also suggested that if the Mayor and Trustees are being threatened with multimillion lawsuits by Neumann Homes, a continuance should be set and this matter should be brought before the states attorney for statements and testimony.

Marianne Brandt, Miller Road resident, read aloud her letter regarding legal objections to petition of Neumann Homes, File No. PZB00-03-R. Some of Mrs. Brandt's letter indicates that the proposed development is unreasonable and adverse in substantial effect upon their property and the surrounding area. The development is not compatible with existing uses and zoning of nearby properties and imposes undue hardships upon individual property owners which outweigh gain to the public.

Mr. Ron Riepe, Miller Road resident, expressed his concerns with water distribution.

Mr. Pete Bolender, Eagle Ridge Drive resident, reviewed the letter from the Eagle Ride Homeowners Association requesting the Mayor and Board of Trustees reject the current development by Neumann Homes. Mr. Bolender's letter stated that most residents in the Eagle Ridge subdivision purchased their homes without any knowledge of the 1992 change of zoning for the area. Their belief was that this area to the east of Deep Lake Road was zoned for 1 - 5 acre lots.

The letter also lists concerns regarding property value , traffic on Route 173, impact on schools, retail stores and the affect that would have on the downtown area and damage to wetlands.

Village Attorney stated that if members of the audience have comments in writing that they have already submitted or intend to submit, be assured that the members of the village board have read them or will read them and there is no need to read them again in this gathering. Mr. Anderson also asked members of the audience to confine their comments to the proposed annexation agreement since the hearing is on the 55 acre proposed annexation.

Several other members of the audience expressed similar concerns as stated above regarding both the annexation agreement and the proposed development.

Attorney Anderson stated that since there is a motion on the floor that has been moved and seconded, under Roberts Rules of Order, the first motion will have to be voted on before Trustee Porch's motion can be considered.

Trustee Caulfield personally feels to make a decision on this recommendation tonight with the information that has been presented to him, that he doesn't have the information that he needs to make an intelligent decision on this proposal this evening. We were given a decision by the Planning and Zoning Board that won't hold up. We have been advised, and it makes sense to him to have the folks that are supposed to study this give us something to work with to make a decision. And if this was the way the village has been set up, to get a recommendation from Planning and Zoning, it makes sense that we can take a look at and discuss intelligently, great. But he can't take a recommendation that says we don't feel like having it here. And essentially that's what he feels we got from the Planning and Zoning Board. He stated that he can make a decision if this was the only thing that he had to work with, but it's not. Trustee Caulfield is asking for the opportunity to get good information so that he can make a decision.

Trustee Foresta stated that Trustee Caulfield is correct in that there is a good chance that if all the requirements are met, the development could occur.

Trustee Pierce commended Trustee Caulfield's position and understands that he has the best interest of the village in mind.

Trustee Porch stated that the Taste of Summer begins on July 19.