BOARD OF TRUSTEES, REGULAR MEETING
Antioch High School, Commons Area:
1133 Main Street, Antioch, IL
| CALL TO ORDER | The Special Meeting of the Board of Trustees was called to order by Mayor Maravelas at 7:30 p.m. in the Commons Area of Antioch High School: 1133 Main Street, Antioch, IL. |
| ROLL CALL | Roll call indicated the following Trustees were present: Pierce, Larson, Caulfield, Foresta, Porch and Hanson. Also present were Mayor Maravelas, Attorney Anderson and Clerk Rowe. |
| MINUTES | A motion was made by Trustee Larson, seconded by Trustee Porch to approve the minutes from the December 17, 2001 meeting as presented. On roll call, the vote was: YES: 5; Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. PASS: 1; Pierce. THE MOTION CARRIED. |
| STANDING COMMITTEES | Clerk Rowe reviewed the realignment of the standing committees appointments. They are as follows: PLANNING, ZONING AND BUILDING: Chairman: Trustee Pierce INDUSTRIAL, RETAIL, AND COMMUNICATIONS: Chairman: Trustee Porch FINANCE: Chairman: Trustee Caulfield PUBLIC SAFETY AND PUBLIC WORKS: Chairman: Trustee Hanson UTILITIES: Chairman: Trustee Foresta PARKS, LICENSE AND CIVIC ACTIVITIES: Chairman: Trustee Larson ANTIOCH SENIOR SERVICES Chairman: Trustee Pierce |
| ADMINISTRATOR | Administrator Haley briefly discussed the IDOT Route 83 project. A motion was made by Trustee Hanson, seconded by Trustee Larson to authorize Michael Haley, Village Administrator, to sign the appropriate documents from IDOT regarding Illinois Route 83, Section 5VB-BR; :Job Number R-91-048-95. On roll call, the vote was: |
| CITIZENS | Mayor Maravelas asked if there were any citizens wishing to address the Board. |
| NANCY BINDER | Ms. Nancy Binder, Victoria Street resident, read a letter expressing her concerns and listing what she feels are valid reasons to deny the proposed Neumann Homes development. She stated that the developer has no commitment to our town. Ms. Binder asked the Board to consider the finding of fact question, "to what extent does this proposal affect the health, safety, and general welfare of public." |
| RON RIEPE | Mr. Ron Riepe, Miller Road resident, briefly discussed the formation of ACRE. Mr. Riepe stated the area where the development is proposed violates the comprehensive plan and is in an environmentally sensitive area with the wetland habitat. |
| DARYL MAY | Mr. Daryl May, North Avenue resident, read his letter stating his concerns regarding the Neumann Homes development. Mr. May asked the Village Board of Trustees "to do what is right" and object this proposal for the many valid reasons as previously discussed. |
| GREG UMEC | Mr. Greg Umec, Savage Road resident, read his letter concerning the Neumann Homes Development. Mr. Umec stated the village should be mad at the developers who have the gull to suggest such destruction. The development would be destroying of 7000 trees, which includes 900 oak trees ten inches or larger in diameter that takes over 225 years to grow. Mr. Umec stated that the Board has a responsibility to their constituents, "don't let Neumann Homes destroy Antioch." |
| KAREN SCHUBERT | Ms. Karen Schubert, Savage Road resident, read her letter stating her concerns regarding the Neumann Homes development. Ms. Schubert stated that based on all the facts and our current problems it is clear that subdivisions do not pay their own way. Ms. Schubert went on to say that taking into consideration that the Neumann Homes project is in opposition of the village's comprehensive plan, the village's financial trouble, the high school is contemplating problems in the future, our traffic rating by IDOT, why would we want to accept this subdivision with all their added needs to our list of problems. The overall impact on the area should be major concern. |
| NEWTON FINN | Mr. Newton Finn, Attorney that represents Dale and Marianne Brandt, Pete Bolander and 43 Eagle Ridge subdivision residents, reviewed objections which was filed on with the Village on December 3, 2001, regarding the Planning and Zoning Board's letter of recommendation, (see "Minutes Exhibit 1"). Attorney Finn discussed the term entitlement and how it relates to preliminary plan approval. He also reviewed some changes to the new plan, such as 150 fewer homes, roads eliminated or changed, and increase in the minimum lot size. Mr. Finn stated that he felt this plan should not be "boot strapped" to previously submitted plans, but should stand on its own and not be supplemented or incorporated by prior submissions made by Neumann Homes. Attorney Finn briefly reviewed case laws regarding findings of fact and stated that it is his opinion that the Planning and Zoning Board's letter of recommendation does not have any findings of fact. Mr. Finn went on to review other objections, such as the concept plan review process, planning and zoning board member qualifications, and the validation of the settlement agreement. Regarding the lawsuit, Mr. Finn stated that no court in the United States of America would allow a community to go bankrupt to accommodate the needs of a private developer. Attorney Finn also indicated that his clients are committed if necessary to finance a lawsuit against Neumann Homes and that he would be willing to join hands with village counsel in a united front to show Neumann Homes the door out of the court. |
| SCOTT POLLACK | Mr. Scott Pollack, Naber Avenue resident, discussed the cost of construction and his estimated profit for Neumann Homes. He stated that the lawsuit may be a one time charge to the village, but the development, if approved, would be an ongoing charge to the village. |
| KAY BLAKE | Ms. Kay Blake, Route 45 resident, expressed her concerns regarding the pressures this development would put on the school system. |
| JACK BROWN | Mr. Jack Brown, Pineview Drive resident, stated he pays taxes to the school district and to the township. He knows Mr. Neumann has threatened a lawsuit that may raise our taxes if we fight it. Mr. Brown stated that if the development is approved, his taxes are going up anyway. Mr. Brown stated that he would rather not have the development, raise his taxes and fight the development. |
| COMEDY NIGHT | A motion was made by Trustee Larson, seconded by Trustee Hanson to issued a 1-day liquor license to Antioch Junior Woman's Club for their annual Comedy Night being held at St. Peter's Father Hanley Hall on March 2, 2002. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| TRUSTEE PIERCE | Trustee Pierce stated that the Village has received notification that Catholic Charities will no longer conduct Meals on Wheels and congregate meals out of senior center as of January 31, 2002. He said, "We have contacted Catholic Charities and they have indicated that moving the programs is their final decision." Administrator Haley has been instructed to contact Representative Timothy Osmond, Senator Adeline Geo-Karis, Senator Peter Fitzgerald and Congressman Crane asking them to look into this matter and possibly intercede on behalf of seniors of Antioch. Trustee Pierce also stated that he personally feels that this was a vindictive and punitive action on the part of Catholic Charities and the only people that end up being punished are the seniors of Antioch. He also said, "We are going to work as hard as we can to come to some kind of agreement with Catholic Charities that the congregate and Meals on Wheels will continue as they are." |
| ATTORNEY | Attorney Anderson reviewed the following ordinances: |
| 02-01-01 | A motion was made by Trustee Foresta, seconded by Trustee Porch to approve and publish in pamphlet form an ordinance, 02-01-01, entitled, Ordinance Amending Chapter 157 as it Relates to Subdivision Escrow Deposits, Village of Antioch, Lake County, Illinois. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| 02-01-02 | A motion was made by Trustee Foresta, seconded by Trustee Larson to approve and publish in pamphlet form an ordinance, 02-01-02, entitled, Amending Chapter 52 by Approving Increase in Water Connection Fees and Sanitary Sewer Connection Fees for the Village of Antioch, Lake County, Illinois. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| EXECUTIVE SESSION | A motion was made by Trustee Hanson, seconded by Trustee Caulfield for the Mayor and Board of Trustees to go into executive session at 8:45 p.m. to discuss pending litigation. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| RETURN | A motion was made by Trustee Hanson, seconded by Trustee Porch for the Mayor and Board of Trustees to return to the open meeting at 9:30 p.m. with no action taken. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| NEUMANN HOMES | At the request of the Village Board, Mr. Thomas Bernie, Neumann Homes Attorney, responded to Mr. Newton Finn's comments and objections as discussed earlier. Mr. Jerry Callahan, Neumann Homes, reviewed the written response to Mr. Newton Finn's objections, (see "Minutes Exhibit 2"). Mr. Callahan indicated that he disagrees with Mr. Finn on where in the municipal code the qualifications for planning and zoning members are cited. He quoted Section 11-12-4 of the Illinois Municipal Code which provides that residency within the village or the village's extraterritorial planning jurisdiction is the only qualification required to serve on the plan commission. Mr. Callahan also addressed Mr. Finn's objections regarding the following: submittal of a concept plan with the Administrative Development Review Committee; the required submittal as described in Section 150.106 (B) (2) of the zoning ordinance; current agreements concerning schools, parks, library and traffic signals; the planning and zoning board findings of fact; the dwelling calculations as established in Section 150.108 (A) (1) (a); the proposed development is a substantial variance with the Village's comprehensive plan; easements for water and the SSA for sewer system; and the 1992 Settlement Agreement. |
| ADJOURN | A motion was made by Trustee Hanson, seconded by Trustee Foresta to adjourn the special meeting of the Board of Trustees at 9:55 p.m. |
| CALL TO ORDER | The Committee of the Whole Meeting of the Board of Trustees was called to order by Mayor Maravelas at 10:05 p.m. in the Commons Area of Antioch High School: 1133 Main Street, Antioch, IL. |
| ROLL CALL | Roll call indicated the following Trustees were present: Pierce, Larson, Caulfield, Foresta, Porch and Hanson. Also present were Mayor Maravelas, Attorney Anderson and Clerk Rowe. |
| TRUSTEE PIERCE | Trustee Pierce explained the purpose of the Committee of the Whole is to allow Board Members to ask questions of village staff and Neumann Homes. Trustee Pierce stated that he had some questions that have been consolidated from the trustees as committee of the whole and that he would be asking Neumann Homes representatives those questions. He also stated that village trustees may be asking additional questions. Trustee Pierce said that the Board has heard input from those present in the audience and he will ask for specific input from those individuals if needed. |
| VB QUESTIONS | Trustee Pierce asked, does Neumann Homes accept fully and unconditionally, the recommendation of the Park Board regarding the public park dedication, including all conditions attached to the recommendation? Specifically: 1. Does Neumann Homes agree to provide, at the developer's expense, public vehicular access per IDOT standards off Illinois Route 173 (to include widening of Route 173 to provide right and left turn lanes? |
| NEUMANN HOMES | Mr. Thomas Bernie, Attorney for Neumann Homes, introduced Kevin Crowe of Neumann Homes. Mr. Crowe stated they agree to question number 1 as stated above. |
| VB QUESTION | 2. Does Neumann Homes agree to provide, at the developer's expense, a 100 yard asphalt entrance road from Route 173 into the park land? |
| NEUMANN HOMES | Mr. Bernie stated that Neumann Homes agrees to question number 2 as listed above. |
| VB QUESTION | 3. Does Neumann Homes agree to grade and seed, at its expense and to the Village's specifications, the 28.8 acres of usable acreage, or such lessor acreage as the Village shall specify? |
| NEUMANN HOMES | Mr. Bernie stated that Neumann Homes agrees to question number 3 as listed above. |
| VB QUESTION | 4. Does Neumann Homes agree to continue, at its expense, the 8-foot wide asphalt pedestrian pathway from the development into the useable park land and to provide one or more footbridges as required? |
| NEUMANN HOMES | Mr. Bernie stated that Neumann Homes agrees to question number 4 as listed above. |
| VB QUESTION | 5. Does Neumann Homes agree to the types and amounts of credit for park obligations recommended by the Park Board? |
| NEUMANN HOMES | Mr. Bernie stated that Neumann Homes agrees to question number 5 as listed above. |
| VB QUESTION | 6. Does Neumann Homes accept, fully and unconditionally, the recommendation of the Planning and Zoning Board that, if during the Final Plat and Engineering review, it is the opinion of village staff that parkway trees would conflict with and possibly impeded ongoing maintenance of underground utilities, or conflict with traffic sight line distances, trees may be planted in the front yard of an adjacent lot in lieu of being planted in the parkway? |
| NEUMANN HOMES | Mr. Bernie stated that Neumann Homes agrees to question number 6 with the proviso that if agreeing to the question stated above requires a variance to the subdivision code or zoning ordinance to make that happen, they would ask the village approve those variances. |
| VB QUESTION | 7. Does Neumann Homes accept, fully and unconditionally, the condition recommended by the Planning and Zoning Board that, consistent with Section 22 of Ordinance Number 99-04-07 approving the Deercrest Preliminary PUD Plan, "the development shall be subject to agreements and construction contracts as well as funding being in place for all off-site water and sewer improvements prior to the approval of any final plan. If the funding is to be in whole or part via Village bonding, the Special Assessment is to be in place ... and the repayment of any Village bonds is to be fully guaranteed by the developer in the form of an unconditional letter of credit issued by a commercial bank acceptable to the Village." |
| NEUMANN HOMES | Mr. Bernie indicated that Neumann Homes agrees to question number 7 as stated above. |
| VB QUESTION | Trustee Larson stated her concern is how the roads going over the wetlands will be maintained. She asked why the village should approve roads that will be difficult to maintain and add a financial burden on the village. She said that any road that goes over wetland, she will not vote to approve them. It appears there are four roads involved, (G, A, X, and I). |
| NEUMANN HOMES | Mr. Thomas Bernie, Attorney for Neumann Homes, introduced Jim Frane, Vice President of Civil Engineering Consultants from Manhard Consulting. Mr. Frane stated that in order to construct roads in those areas, most likely softer unsuitable soils would be removed, and replace with suitable soils, as required. Mr. Frane also briefly explained the "proof roll" process where village staff would be present to be sure the road is constructed on firm ground. Trustee Larson asked that over a period of time, would there be a problem for the village due to the water seepage because it is built on a wetland. Mr. Frane indicated that method of construction used, would correct any drainage deficiencies that may be in the area now, and that piece of road will be suitable just like any other road in the subdivision. Mr. Thomas Bernie, Attorney for Neumann Homes introduced Mr. John Lingle, Christopher Burke Engineer, Wetland Consultant and Environment Technician and ecologist. Mr. Lingle stated that the difference you see with wetland impact would be to involve some type of activity within a wetlands area. All of the impact that is being discussed, except for the one road crossing, is over low quality farm wetlands. |
| TRUSTEE LARSON | Trustee Larson went on to ask a question specifically concerning the flag lots. She noted eleven flag lots and her concern is the configuration of them. They appear to be very narrow on their frontage and she is concerned with emergency vehicle access. |
| NEUMANN HOMES | Mr. Bernie stated that this issue was confirmed by village staff that those lots are consistent with the village's zoning ordinance and they have had discussions with the village staff and it is their understanding that those lots in question are permitted by the zoning district and zoning code and ordinances that are in effect. Mr. Bernie also indicated that the Antioch Safety Officer has reviewed these lots and has approved them. |
| TRUSTEE LARSON | Trustee Larson stated that another concern is the typical lot front set back. The village's minimum code set back requirement is 30 feet and Neumann Homes is asking for 25 foot setbacks. Neumann Homes is asking for the 25 foot setback on all of the lots. |
| NEUMANN HOMES | Mr. Bernie stated that they don't believe that the village code requires 30 foot front setback, they feel it requires a 25 feet setback. Mr. Bernie said that if it is important to the Board that they maintain a 30-foot setback, they will do that. They believe that 25 feet are permitted under the code of ordinances. Mr. Bernie distributed their "Exhibit 2" which indicates their reasons that a variance is not required for 25-foot front setbacks. (See "Committee Minutes Exhibit 1"). Mr. Jerry Callahan, Neumann Homes, reviewed the document as distributed. |
| TRUSTEE LARSON | Trustee Larson asked when the park amenities would be installed. Mr. Bernie stated that they have always been confused about what the park credit means. They understood the proposed land dedication and the improvements that they would be making are 3.5 million dollars more than what is required by the village code. Mr. Bernie asked Trustee Larson for clarification on the park credit. Trustee Larson indicated they would get back to that question. Trustee Larson asked if Neumann Homes would adhere to the recently passed tree ordinance. She stated that it is the village's intention not to bind any one developer, the intention is to put something in place that would protect the village's trees. "We feel that this ordinance would apply to everyone." |
| NEUMANN HOMES | Mr. Bernie indicated that the ordinance changed a couple of times and if Trustee Larson is referencing their response to the question at the plan commission, at one point it was believed that it wouldn't apply to them. Mr. Bernie went on to say that they would follow that ordinance to the extent that it is lawful. |
| TRUSTEE PIERCE | Trustee Pierce asked if Neumann Homes would follow the tree ordinance as it currently exists. Mr. Bernie stated that they are not certain on how it's going to be applied to their development. If it is applied in a way that violates their rights, we want to be able to challenge it. If does not violate their rights, they would be obliged to follow it. Trustee Pierce stated the intention of the tree replacement and preservation plan is designed to preserve trees where at all possible and if cannot be reserved, then to replace them. Mr. Bernie asked "if in approving the plan, trees have to be eliminated, then you would require us to replace trees, is that true? Is that your understanding on how the ordinance would be applied"? Trustee Pierce stated that is our understanding. Mr. Bernie said they would intend to follow that ordinance. The ordinance on its face is fine, but when we get to the application of it in final plan development, we may have some disagreement with you. That is why Mr. Bernie can't give a "yes" or "no" answer at this time. They would like to see how the ordinance would be applied to their subdivision. |
| TRUSTEE LARSON | Trustee Larson asked about White Road and Savage Road. It is the intention to have the roads open to current residents during construction. |
| NEUMANN HOMES | Mr. Kevin Crowe indicated that they are committed to keeping access open to those residents. To the extent that Savage Road is being reconfigured, from time to time during construction there may be construction periods where the road will be closed, however, there will be temporary access points. |
| TRUSTEE LARSON | Trustee Larson stated that she is also concerned with White Road. When the plan was initially submitted, the high school did not approve plans for a second school on Deep Lake and Grass Lake Roads. There will be many people wanting access to the high school through White Road. Does Neumann Homes have any intention of off site improvements since their development would be impacting this road. |
| NEUMANN HOMES | Mr. Bernie introduced Mr. Louie Aboona, Traffic Consultant with KOLA. He stated that they did an updated traffic study in November and presented it at the last planning and zoning board meeting. The second high school location was taken into account. Due to the studies done at Grass Lake and Savage and Grass Lake and Deep Lake Road the traffic can be accommodated to the school from the subdivision. There are no improvements planned for White Road. |
| TRUSTEE LARSON | Trustee Larson asked how does Neumann Homes address Mr. Newton Finn's letter regarding the last report from Lake County Storm and Water Development. |
| NEUMANN HOMES | Mr. Crowe stated that they have had conversations with Alyssa Vaughn, LCSWD since her letter dated June 29, 2000. She indicated that she doesn't give final opinion or approval. Mr. Crowe indicated that they have complied with the suggestions in her letter. |
| TRUSTEE LARSON | Trustee Larson asked about the portion of the letter that addresses the endangered species. |
| NEUMANN HOMES | Mr. Crowe indicated that Jeff Mingler, IDNR Wildlife Biologist, closed the threatened and endangered consultation, which indicates there are no endangered species wetland areas. Mr. Thomas Bernie, stated that he wanted to clarify the tree ordinance. We don't understand the tree preservation ordinance, and there will not be any question that they will follow the ordinance. They are only looking for fair enforcement of the ordinance. |
| TRUSTEE PIERCE | Trustee Pierce responded by saying that since Mayor Maravelas has been in office, he feels that people that submit petitions to the Board are given fair hearings. "This is a fair board and will be fair to all petitioners. The tree ordinance will be enacted and enforced as it is passed on all petitioners and developments, not just Neumann Homes." |
| NEUMANN HOMES | Mr. Bernie stated that they do not anticipated any problems with the tree preservation ordinance. |
| TRUSTEE FORESTA | Trustee Foresta asked Mr. Bernie if Neumann Homes plans on challenging the tree ordinance. |
| NEUMANN HOMES | Mr. Bernie indicated that they don't plan on challenging the ordinance. Given an interpretation for enforcement that isn't found in the ordinance is what they would question. He is only reserving the right. Trustee Pierce indicated to him that this Board does not act arbitrarily or capriciously. Neumann Homes will not have a problem or challenge the ordinance. |
| EXECUTIVE SESSION | A motion was made by Trustee Pierce, seconded by Trustee Hanson for the Mayor and Board of Trustees to go into executive session at 10:55 p.m. to discuss pending litigation. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| RETURN | A motion was made by Trustee Porch, seconded by Trustee Foresta for the Mayor and Board of Trustees to return to the open meeting at 11:25 p.m. with no action taken. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. |
| TRUSTEE PIERCE | Trustee Pierce indicated that the Planning and Zoning Board letter of recommendation to the Village Board will be placed on the January 21, 2002 regular meeting agenda for consideration. There may be additional questions from the Village Board presented to Neumann Homes representatives at that time. |
| ADJOURN | A motion was made by Trustee Pierce, seconded by Trustee Foresta to adjourn the committee meeting at 11:30 p.m. |
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Candi L. Rowe, Clerk