Village of Antioch - Board Meeting Minutes

VILLAGE OF ANTIOCH

VILLAGE OF ANTIOCH
BOARD OF TRUSTEES, SPECIAL MEETING
Antioch Fire Station #1; Apparatus Bay: 835 Holbek, Antioch, IL
June 24, 2002

CALL TO ORDER The special meeting of the Board of Trustees was called to order by Mayor Maravelas at 8:00 p.m. in the Antioch Fire Station #1 Apparatus Bay: 835 Holbek, 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, Attorney Hermann and Clerk Rowe.

MAYOR Mayor Maravelas thanked the Chief Volling and members of the Fire Department for the use of their facility for tonight's meeting.

NON-BINDING SETTLEMENT AGREEMENT Mayor Maravelas asked Attorney Don Anderson and Attorney Jim Hermann to review the Memorandum of Understanding Non-Binding Agreement for Settlement Purposes Only relative to Deercrest LLC, Case No. 00 CH 1050 and Bill Anest, Case No. 01- CH 137. Copies of the proposed agreement will be made available to those who are interested in obtaining a copy.

ATTORNEY HERMANN Attorney James Hermann said that he has been representing the village concerning the Deercrest LLC, Otto Sprenger, Neumann Homes, Bill and Peter Anest, Lake County and the Lake County's Forest Preserve District since last September. Although he is not the attorney representing the village regarding the Neumann Homes zoning case, he has conferred with the attorney and law firm representing the village in that case.
Attorney Hermann said that last Wednesday, presiding Judge Goshgarian, held a pre-trial conference that he, Mayor Maravelas, Trustee Larson, Trustee Caulfield, and Administrator Haley were present. There was a pre-trial conference previously held on March 13, 2002 at which time Trustee Pierce and Trustee Larson were attendance. In November there was another settlement conference. Judge Goshgarian asked again that we try to settle the case last Wednesday. In addition to those present from the Village of Antioch, the County Board sent Suzi Schmidt, Chairman and her attorneys, the Forest Preserve sent Al Westermann, President, and their attorneys, Neumann Homes representatives and attorneys, Mr. Sprenger and his attorney, William Anest with his attorney, Deercrest LLC representatives with their attorney all were present at Wednesday pre-trial conference in Judge Goshgarian chambers. What came out of the all day session was an attempt to resolve all the litigation that the village has been embroiled in and try to deal with the fact that the county put a larger plant out east and made it possible for the sewer to be brought onto the property owned by Mr. Anest and Mr. Sprenger and others.
Attorney Hermann highlighted some of the items as listed in the draft settlement agreement:
The Forest Preserve District will purchase approximately 200 acres of the property that is now owned by William and Peter Anest. The Forest Preserve will purchase the property at Mr. Neumann's cost from the Anests. That will take the Neumann Homes application down to a maximum of 960 units. In return, Mr. Neumann will do certain things for the Forest Preserve, such as putting a trail and parking area in. The village will get a forest preserve within the village.
Mr. Neumann's development will be reduced in size and the Village will consider the proposal through the public hearing process as required by law. The Deercrest development will continue with the final plat approval process with meetings and hearings as required by law.
Neumann Homes will buy out the Deercrest development from Otto Sprenger. Deercrest has a substantial lawsuit against the village. This agreement will eliminate the Deercrest lawsuit. What they are asking in return is that the village board consider the application made in spring of 1999 which has been delayed during the litigation between Deercrest, the Village, Neumann Homes, Lake County and the Forest Preserve. Mr. Hermann said that when his firm was hired by this board, they received orders to obtain easements from the Forest Preserve and the County so Mr. Sprenger can conclude Deercrest and get final approval. Mr. Hermann briefly reviewed the 90-day review process as stated in the memorandum of understanding. If not, the trial will begin on the ninety-first day.

ATTORNEY ANDERSON Attorney Anderson reviewed the colored map (attachment 2) showing the land the Forest Preserve District plans on purchasing from Neumann Homes. The map outlined the land along the northern part of the Anest property that includes most of the environmentally sensitive land, wetlands and the savannah oaks. Attorney Anderson said that there is a great deal to be accomplished including final plat approval for Deercrest, preliminary plat consideration and approval or disapproval for the Neumann Homes development and a number of other commitments that are outlined in the memorandum. This would require everybody, most particularly the village to be expeditious in what we do. It will require commitment on the part of the staff and all officials of the village to ensure that all these things get done. Because whatever happens with respect to the settlement agreement, he feels we are unanimous in believing that it should not fail to happen because we dragged our feet but rather because someone made a decent decision based upon the codes and ordinances of the Village of Antioch and state law that it should not happen. Attorney Anderson reviewed the sections of the agreement as listed. They are: Neumann's commitments; Village's commitments; County commitments; District commitments (meaning the Forest Preserve District); and also some preconditions zoning and Deercrest litigations that list all things that must come to pass in order for these pieces of litigation to be settled. Mr. Anderson went on to say that in working out the memorandum of understanding, the parties were encouraged and directed by the Judge to work toward a settlement agreement. As with any settlement, there are a lot of compromises and a lot of give and take on all parts and he would be happy to answer all questions that are not immediately evident. Mr. Anderson said that since the last Neumann proposal, the village has increased its sewer, water and zoning fees. All of these increases will be in effect for purposes of this settlement agreement. This means a difference to the village of millions of dollars in fees that were not otherwise had been available. Had this occurred at an earlier time, or had litigations determined that the fee schedule along with the ordinance structure be reverted back to the time of the original application. Mr. Anderson went on to say that all attorneys for the village in both the Deercrest and Neumann Homes cases, were unanimous in telling the village board that they believe this resolution is better for the village than any reasonably possible litigated result.

CITIZENS Mayor Maravelas called on some of those present in the audience to ask any questions they may have. Ms. Marianne Guy, White Road resident, asked if the attorneys representing the village in the Neumann Homes case were present at the pre-trial meetings. Attorney Jim Hermann said that they were not present, however he talked with him before the pretrial expressly for the purpose and secondly, this agreement has a provision in it that we would like a pre-trial to take place in the Neumann Homes case. Ms. Guy asked what did Neumann Homes give up in this agreement. Attorney Anderson said there were a number of things that they gave up. One was they agreed to sell that land at cost, so they're making no money on approximately 200 acres of the land that they originally bought. The second cost to Neumann Homes is the fee structure will be in effect as of June 15, which is thousands of dollars per house in additional fees that Neumann has agreed to pay.
Ms. Guy said they would have to pay those fees anyway. Attorney Anderson said that in litigation contending that there was a breach of the village's obligation, that is not necessarily the case. Attorney Anderson said that everybody is giving up something that is contingent. He said, "Everybody is giving up something based upon the presumption that there is a risk of loss and the surrender is based upon the prosperation that we might win or that you would expect to win." Marianne Guy questioned the zoning changes that Neumann Homes is asking for. Attorney Anderson said that no zoning changes will be made without going through the procedures that are required by the ordinances. The density calculation is proposed to be 2.2 homes per acre. Attorney Anderson went on to say that the parcel that is talked about for annexation purposes is a 55 acre parcel on Route 173, commonly called the Gorden Wells property. It would be annexed according to the agreement with 30 acres being zoned commercial and 25 acres being zoned for a school. Neumann Homes, according to the agreement, will attempt to purchase an adjacent 25 additional acres also for use as a school that will be donated to school district. This would provide 50 acres for the school district to use with the expectation that both a middle school and elementary school would be built on the combined properties. He said, "annexation requires a hearing. zoning requires a planning and zoning board recommendation and village board approval, and any annexation of additional property requires first of all a willing seller and then other procedures that would be required of any other annexation."
Mr. Kevin Schoudel, Parkway Avenue resident, congratulated the village board for working together and trying to resolve the litigation issues.
There was a question from someone in the audience if any one has waived any rights for future litigation. Attorney Hermann said "the answer to that question is no."
Attorney Anderson said this Memorandum of Understanding does not itself end the litigation, the litigation at this point is only suspended. Therefore, the Attorneys can not comment on opinions as to outcome without possibly jeopardizing the village's position in the lawsuit should the lawsuit not effectively be ended. Trustee Larson said we are not giving Neumann Homes anything other than a right to due process, to go through the zoning process. We are allowing him to submit another plan less the approximate 200 acres along with the changes. Trustee Larson said there was a concern from the public about the oak savannahs, the wetlands and the lakes. In good faith, Neuman Homes has made an effort to take those things that are the most sensitive out of the project. We are allowing him to come back before us, and we will look at the new plan. We have not agreed to anything other than allowing him to come back. There was a question why this matter couldn't be delayed one week for a public hearing. Attorney Anderson said the reason it can't be delayed is because the matter is up before Judge Goshgarian again on Thursday and he will expect an answer from all parties. Otherwise, he will schedule this for trial.

MEMORANDUM OF UNDERSTANDING A motion was made by Trustee Foresta, seconded by Trustee Pierce to approve and authorize the Mayor to execute the Memorandum of Understanding Non-Binding Agreement for Settlement Purposes Only. On roll call, the vote was:
YES: 5; Pierce, Larson, Caulfield, Foresta and Hanson.
NO: 1; Porch.
THE MOTION CARRIED.
Trustee Porch expressed her concerns regarding the ninety day process. She also thanked Mr. Neumann for his efforts. She questioned the section I on page 5 regarding the sewer. Attorney Jim Hermann said the Judge ruled on the 2000 agreement that the village had to deliver the sewer easements. In addition, we now have Doolittle easement and the Forest Preserve gave us the Glick easement a couple of weeks ago.

ATTORNEY Attorney Anderson read aloud the following ordinance:
First Reading: ORDINANCE AUTHORIZING CONDEMNATION OF PRIVATE PROPERTY FOR PUBLIC USE IN CONJUNCTION WITH LOCATION AND CONSTRUCTION OF EXTENSION OF VILLAGE WATERWORKS SYSTEM. This item will be placed on the July 15 village board agenda for consideration.

AUTHORIZE PAYMENT A motion was made by Trustee Caulfield, seconded by Trustee Larson to authorize payment of $16,500.00 to Marilyn Kretch as compensation for water easements. On roll call, the vote was:
YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
THE MOTION CARRIED.

ADJOURN A motion was made by Trustee Larson, seconded by Trustee Hanson to adjourn the special meeting of the Board of Trustees at 8:50 p.m.

Respectfully submitted,
____________________
Candi L. Rowe, Clerk
Return to Village Board Info

CALL TO ORDER	The special meeting of the Board of Trustees was called to order by Mayor Maravelas at 8:00 p.m. in the Antioch Fire Station #1 Apparatus Bay: 835 Holbek, 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, Attorney Hermann and Clerk Rowe.
MAYOR	Mayor Maravelas thanked the Chief Volling and members of the Fire Department for the use of their facility for tonight's meeting.
NON-BINDING SETTLEMENT AGREEMENT	Mayor Maravelas asked Attorney Don Anderson and Attorney Jim Hermann to review the Memorandum of Understanding Non-Binding Agreement for Settlement Purposes Only relative to Deercrest LLC, Case No. 00 CH 1050 and Bill Anest, Case No. 01- CH 137. Copies of the proposed agreement will be made available to those who are interested in obtaining a copy.
ATTORNEY HERMANN	Attorney James Hermann said that he has been representing the village concerning the Deercrest LLC, Otto Sprenger, Neumann Homes, Bill and Peter Anest, Lake County and the Lake County's Forest Preserve District since last September. Although he is not the attorney representing the village regarding the Neumann Homes zoning case, he has conferred with the attorney and law firm representing the village in that case. Attorney Hermann said that last Wednesday, presiding Judge Goshgarian, held a pre-trial conference that he, Mayor Maravelas, Trustee Larson, Trustee Caulfield, and Administrator Haley were present. There was a pre-trial conference previously held on March 13, 2002 at which time Trustee Pierce and Trustee Larson were attendance. In November there was another settlement conference. Judge Goshgarian asked again that we try to settle the case last Wednesday. In addition to those present from the Village of Antioch, the County Board sent Suzi Schmidt, Chairman and her attorneys, the Forest Preserve sent Al Westermann, President, and their attorneys, Neumann Homes representatives and attorneys, Mr. Sprenger and his attorney, William Anest with his attorney, Deercrest LLC representatives with their attorney all were present at Wednesday pre-trial conference in Judge Goshgarian chambers. What came out of the all day session was an attempt to resolve all the litigation that the village has been embroiled in and try to deal with the fact that the county put a larger plant out east and made it possible for the sewer to be brought onto the property owned by Mr. Anest and Mr. Sprenger and others. Attorney Hermann highlighted some of the items as listed in the draft settlement agreement: The Forest Preserve District will purchase approximately 200 acres of the property that is now owned by William and Peter Anest. The Forest Preserve will purchase the property at Mr. Neumann's cost from the Anests. That will take the Neumann Homes application down to a maximum of 960 units. In return, Mr. Neumann will do certain things for the Forest Preserve, such as putting a trail and parking area in. The village will get a forest preserve within the village. Mr. Neumann's development will be reduced in size and the Village will consider the proposal through the public hearing process as required by law. The Deercrest development will continue with the final plat approval process with meetings and hearings as required by law. Neumann Homes will buy out the Deercrest development from Otto Sprenger. Deercrest has a substantial lawsuit against the village. This agreement will eliminate the Deercrest lawsuit. What they are asking in return is that the village board consider the application made in spring of 1999 which has been delayed during the litigation between Deercrest, the Village, Neumann Homes, Lake County and the Forest Preserve. Mr. Hermann said that when his firm was hired by this board, they received orders to obtain easements from the Forest Preserve and the County so Mr. Sprenger can conclude Deercrest and get final approval. Mr. Hermann briefly reviewed the 90-day review process as stated in the memorandum of understanding. If not, the trial will begin on the ninety-first day.
ATTORNEY ANDERSON	Attorney Anderson reviewed the colored map (attachment 2) showing the land the Forest Preserve District plans on purchasing from Neumann Homes. The map outlined the land along the northern part of the Anest property that includes most of the environmentally sensitive land, wetlands and the savannah oaks. Attorney Anderson said that there is a great deal to be accomplished including final plat approval for Deercrest, preliminary plat consideration and approval or disapproval for the Neumann Homes development and a number of other commitments that are outlined in the memorandum. This would require everybody, most particularly the village to be expeditious in what we do. It will require commitment on the part of the staff and all officials of the village to ensure that all these things get done. Because whatever happens with respect to the settlement agreement, he feels we are unanimous in believing that it should not fail to happen because we dragged our feet but rather because someone made a decent decision based upon the codes and ordinances of the Village of Antioch and state law that it should not happen. Attorney Anderson reviewed the sections of the agreement as listed. They are: Neumann's commitments; Village's commitments; County commitments; District commitments (meaning the Forest Preserve District); and also some preconditions zoning and Deercrest litigations that list all things that must come to pass in order for these pieces of litigation to be settled. Mr. Anderson went on to say that in working out the memorandum of understanding, the parties were encouraged and directed by the Judge to work toward a settlement agreement. As with any settlement, there are a lot of compromises and a lot of give and take on all parts and he would be happy to answer all questions that are not immediately evident. Mr. Anderson said that since the last Neumann proposal, the village has increased its sewer, water and zoning fees. All of these increases will be in effect for purposes of this settlement agreement. This means a difference to the village of millions of dollars in fees that were not otherwise had been available. Had this occurred at an earlier time, or had litigations determined that the fee schedule along with the ordinance structure be reverted back to the time of the original application. Mr. Anderson went on to say that all attorneys for the village in both the Deercrest and Neumann Homes cases, were unanimous in telling the village board that they believe this resolution is better for the village than any reasonably possible litigated result.
CITIZENS	Mayor Maravelas called on some of those present in the audience to ask any questions they may have. Ms. Marianne Guy, White Road resident, asked if the attorneys representing the village in the Neumann Homes case were present at the pre-trial meetings. Attorney Jim Hermann said that they were not present, however he talked with him before the pretrial expressly for the purpose and secondly, this agreement has a provision in it that we would like a pre-trial to take place in the Neumann Homes case. Ms. Guy asked what did Neumann Homes give up in this agreement. Attorney Anderson said there were a number of things that they gave up. One was they agreed to sell that land at cost, so they're making no money on approximately 200 acres of the land that they originally bought. The second cost to Neumann Homes is the fee structure will be in effect as of June 15, which is thousands of dollars per house in additional fees that Neumann has agreed to pay. Ms. Guy said they would have to pay those fees anyway. Attorney Anderson said that in litigation contending that there was a breach of the village's obligation, that is not necessarily the case. Attorney Anderson said that everybody is giving up something that is contingent. He said, "Everybody is giving up something based upon the presumption that there is a risk of loss and the surrender is based upon the prosperation that we might win or that you would expect to win." Marianne Guy questioned the zoning changes that Neumann Homes is asking for. Attorney Anderson said that no zoning changes will be made without going through the procedures that are required by the ordinances. The density calculation is proposed to be 2.2 homes per acre. Attorney Anderson went on to say that the parcel that is talked about for annexation purposes is a 55 acre parcel on Route 173, commonly called the Gorden Wells property. It would be annexed according to the agreement with 30 acres being zoned commercial and 25 acres being zoned for a school. Neumann Homes, according to the agreement, will attempt to purchase an adjacent 25 additional acres also for use as a school that will be donated to school district. This would provide 50 acres for the school district to use with the expectation that both a middle school and elementary school would be built on the combined properties. He said, "annexation requires a hearing. zoning requires a planning and zoning board recommendation and village board approval, and any annexation of additional property requires first of all a willing seller and then other procedures that would be required of any other annexation." Mr. Kevin Schoudel, Parkway Avenue resident, congratulated the village board for working together and trying to resolve the litigation issues. There was a question from someone in the audience if any one has waived any rights for future litigation. Attorney Hermann said "the answer to that question is no." Attorney Anderson said this Memorandum of Understanding does not itself end the litigation, the litigation at this point is only suspended. Therefore, the Attorneys can not comment on opinions as to outcome without possibly jeopardizing the village's position in the lawsuit should the lawsuit not effectively be ended. Trustee Larson said we are not giving Neumann Homes anything other than a right to due process, to go through the zoning process. We are allowing him to submit another plan less the approximate 200 acres along with the changes. Trustee Larson said there was a concern from the public about the oak savannahs, the wetlands and the lakes. In good faith, Neuman Homes has made an effort to take those things that are the most sensitive out of the project. We are allowing him to come back before us, and we will look at the new plan. We have not agreed to anything other than allowing him to come back. There was a question why this matter couldn't be delayed one week for a public hearing. Attorney Anderson said the reason it can't be delayed is because the matter is up before Judge Goshgarian again on Thursday and he will expect an answer from all parties. Otherwise, he will schedule this for trial.
MEMORANDUM OF UNDERSTANDING	A motion was made by Trustee Foresta, seconded by Trustee Pierce to approve and authorize the Mayor to execute the Memorandum of Understanding Non-Binding Agreement for Settlement Purposes Only. On roll call, the vote was: YES: 5; Pierce, Larson, Caulfield, Foresta and Hanson. NO: 1; Porch. THE MOTION CARRIED. Trustee Porch expressed her concerns regarding the ninety day process. She also thanked Mr. Neumann for his efforts. She questioned the section I on page 5 regarding the sewer. Attorney Jim Hermann said the Judge ruled on the 2000 agreement that the village had to deliver the sewer easements. In addition, we now have Doolittle easement and the Forest Preserve gave us the Glick easement a couple of weeks ago.
ATTORNEY	Attorney Anderson read aloud the following ordinance: First Reading: ORDINANCE AUTHORIZING CONDEMNATION OF PRIVATE PROPERTY FOR PUBLIC USE IN CONJUNCTION WITH LOCATION AND CONSTRUCTION OF EXTENSION OF VILLAGE WATERWORKS SYSTEM. This item will be placed on the July 15 village board agenda for consideration.
AUTHORIZE PAYMENT	A motion was made by Trustee Caulfield, seconded by Trustee Larson to authorize payment of $16,500.00 to Marilyn Kretch as compensation for water easements. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED.
ADJOURN	A motion was made by Trustee Larson, seconded by Trustee Hanson to adjourn the special meeting of the Board of Trustees at 8:50 p.m.