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

September 23, 2002

CALL TO ORDER The special meeting of the Board of Trustees was called to order by Mayor Pro-Tem Larson at 7:30 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 Pro-Tem Larson, Attorney Anderson and Clerk Rowe. Absent: Mayor Maravelas.

COMMUNICATIONS Administrator Michael Haley discussed the request for authorization to conduct a bonfire on ACHS property. Administrator Haley reviewed the request with Lee Shannon, Public Safety Inspector, who reviewed the request with the school. The fire department will light the fire, put it out and monitor the bonfire. Mr. Shannon is looking for Village Board authorization to issue the permit. Mayor Pro-Tem Larson also spoke with Fire Department volunteer, Chris Leinhardt who assured her that they would be using materials consistent with the bonfire, they would not be burning tires or anything of that nature and the fire department would have the final say on the bonfire.
A motion was made by Trustee Hanson, seconded by Trustee Pierce to authorize the fire department to issue the permit to the Antioch High School to conduct a bonfire on their property. On roll call, the vote was:
YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
THE MOTION CARRIED.
Mayor Pro-Tem Larson was asked if she would be voting as Trustee or Mayor this evening. Mrs. Larson said she would voting as Trustee.

PLANNING & ZONING Trustee Pierce withdrew his request to report on the Planning and Zoning Board Committee until the next village board meeting.

TOM BURNEY Mr. Tom Burney, Attorney for Neumann Homes, discussed the following three issues that has been raised by concerned citizens.
1. The SSA benefit to the village: There is no cost to the village, it's a way of funding off site improvements, not spread by residents, only those who would reside in Deercrest or Clublands, Clublands has been reduced by approximately 400 units.
2. Donate the land to school for free. Mr. Neumann can't do this. They are paying park and impact fees that are in effect, he believes negotiations with schools offers a fair price to the school.
3. Tax evaluation: Mr. Burney confirmed with Peter Raphelli, the county and township assessor and verified the homes will be assessed at the fair market value. Mr. Burney briefly reviewed the Illinois Real Estate Transfer Declaration "green sheet" line 11 noting the SSA will be added to each lot on the form. Mr. Burney went on to say the Ken Neumann is willing to work with the Village, if the SSA is approved, a development agreement will be drafted.
Trustee Porch asked how did Neumann Homes derive at the park or school calculations. Mr. Jerry Callaghan, Attorney for Neumann Homes, said they took the village subdivision ordinance which provides either for a land donation or fee in lieu of land donation. The ordinance provides various factors to calculate the fee.
There was a discussion regarding assessments and the SSA. Mr. Burney indicated that he believes this is a workable solution. Although the special service areas are new to the Antioch area and the Assessor, he noted that areas in McHenry County and Kane County that have SSA established that have not been challenged to date.
Trustee Scott Pierce said that he is concerned that the SSA is done right and would like to take the rest of this week to get answers.
Trustee Porch said that the village has demonstrated good faith by the number of meetings held. She would be disappointed if the agreement were off the table due to taking time to get answers regarding the SSA. Mr. Burney said that everyone has been working hard on this and he did not say the agreement was off the table.
Trustee Larson said the Board is concerned that all of the paperwork is not in place at this point and that we don't have definitive answer. We all assume that it's going to work this way and we understand that in good faith they are going to document it this way, but we need something a little more concrete. We would like a little more time to consider it.
Village Attorney Don Anderson said that Mr. Tom Burney, Attorney for Neumann Homes has accurately reflected what the law requires in terms of assessment. The initial purchase price may or may not reflect fair market value. The only real alternatives that are available are to accept the fair market value as the State require, or to substitute purchase price for fair market value and then in the case of the SSA result in a credit to the buyer for payment of the SSA taxes, which will have a downward effect upon the general property taxes that homeowners pay. That does not seem to square with what the Statute requires. Mr. Anderson's belief is that ultimately this will resolve in a way that there will be an additional value placed on line 11 of the green form, which reflect the SSA and as Mr. Burney stated.
Mr. Steve Turner, School Board member, said their only concern is that we don't have a definitive answers yet.

TABLE SSA ORDINANCE A motion was made by Trustee Caulfield, seconded by Trustee Pierce to table the SSA issues for one week to allow some time to get clarification from the Assessors. On roll call, the vote was:
YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
THE MOTION CARRIED.
A meeting will be scheduled on Friday, September 27, 2002 at 7:00 p.m. to address these issues.

ATTORNEY Village Attorney Anderson reviewed the following ordinances and also noted the proposed ordinances that would require a super majority vote of the Board as required under Municipal Code:

02-09-34 A motion was made by Trustee Pierce, seconded by Trustee Caulfield to waive the second reading, approve and publish in pamphlet form an ordinance, 02-09-34, entitled, ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE LAND USE DESIGNATION ON PLATE 7 THEREOF FOR APPROXIMATELY 55 ACRES OF PROPERTY, LOCATED AT THE SOUTHEAST CORNER OF ILLINOIS ROUTE 173 AND SAVAGE ROAD, AND BY INCREASING THE SIZE OF COMMERCIAL CENTERS TO THIRTY ACRES. On roll call, the vote was:
YES: 4; Pierce, Larson, Caulfield, and Foresta.
NO: 2; Porch and Hanson.
THE MOTION CARRIED.

ATTORNEY Attorney Anderson said there is no change in the Annexation Agreement ordinance. He reviewed the changes to the Annexation Agreement as discussed at the previous Board meeting.

02-09-35 A motion was made by Trustee Pierce, seconded by Trustee Caulfield to waive the second reading, approve and publish in pamphlet form an ordinance, 02-09-35, entitled, AN ORDINANCE AUTHORIZING AND DIRECTION THE EXECUTION OF AN ANNEXATION AGREEMENT BETWEEN NEUMANN HOMES, INC., AMCORE TRUST COMPANY, AS TRUSTEE, AND THE VILLAGE OF ANTIOCH. On roll call, the vote was:
YES: 5; Pierce, Larson, Caulfield, Foresta and Hanson.
NO: 1; Porch.
THE MOTION CARRIED.

02-09-36 A motion was made by Trustee Pierce, seconded by Trustee Caulfield to waive the second reading, approve and publish in pamphlet form an ordinance, 02-09-36, entitled, AN ORDINANCE ANNEXING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ILLINOIS ROUTE 173 AND SAVAGE ROAD TO THE VILLAGE OF ANTIOCH, LAKE COUNTY, IL. On roll call, the vote was:
YES: 5; Pierce, Larson, Caulfield, Foresta and Hanson.
NO: 1; Porch.
THE MOTION CARRIED.

02-09-37 After Attorney Anderson reviewed the only change to the ordinance since first read under, (Section 2), a motion was made by Trustee Caulfield, seconded by Trustee Pierce to waive the second reading, approve and publish in pamphlet form an ordinance, 02-09-37, entitled, AN ORDINANCE ZONING APPROXIMATELY THE NORTH 30 ACRES OF A 55 ACRE PARCEL AT THE SOUTHEAST CORNER OF IL ROUTE 173 AND SAVAGE ROAD IN THE B-3 ZONING DISTRICT AND APPROXIMATELY THE SOUTH 25 ACRES OF SAID 55 ACRE PARCEL IN THE E-1 ZONING DISTRICT AND GRANTING A SPECIAL USE PERMIT FOR AN ELEMENTARY SCHOOL ON SAID SOUTH 25 ACRES. On roll call, the vote was:
YES: 4; Pierce, Larson, Caulfield, and Foresta.
NO: 2; Porch and Hanson.
THE MOTION CARRIED.

ADJOURN A motion was made by Trustee Caulfield, seconded by Trustee Pierce to adjourn the special meeting of the Board of Trustees at 8:35 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 Pro-Tem Larson at 7:30 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 Pro-Tem Larson, Attorney Anderson and Clerk Rowe. Absent: Mayor Maravelas.
COMMUNICATIONS	Administrator Michael Haley discussed the request for authorization to conduct a bonfire on ACHS property. Administrator Haley reviewed the request with Lee Shannon, Public Safety Inspector, who reviewed the request with the school. The fire department will light the fire, put it out and monitor the bonfire. Mr. Shannon is looking for Village Board authorization to issue the permit. Mayor Pro-Tem Larson also spoke with Fire Department volunteer, Chris Leinhardt who assured her that they would be using materials consistent with the bonfire, they would not be burning tires or anything of that nature and the fire department would have the final say on the bonfire. A motion was made by Trustee Hanson, seconded by Trustee Pierce to authorize the fire department to issue the permit to the Antioch High School to conduct a bonfire on their property. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. Mayor Pro-Tem Larson was asked if she would be voting as Trustee or Mayor this evening. Mrs. Larson said she would voting as Trustee.
PLANNING & ZONING	Trustee Pierce withdrew his request to report on the Planning and Zoning Board Committee until the next village board meeting.
TOM BURNEY	Mr. Tom Burney, Attorney for Neumann Homes, discussed the following three issues that has been raised by concerned citizens. 1. The SSA benefit to the village: There is no cost to the village, it's a way of funding off site improvements, not spread by residents, only those who would reside in Deercrest or Clublands, Clublands has been reduced by approximately 400 units. 2. Donate the land to school for free. Mr. Neumann can't do this. They are paying park and impact fees that are in effect, he believes negotiations with schools offers a fair price to the school. 3. Tax evaluation: Mr. Burney confirmed with Peter Raphelli, the county and township assessor and verified the homes will be assessed at the fair market value. Mr. Burney briefly reviewed the Illinois Real Estate Transfer Declaration "green sheet" line 11 noting the SSA will be added to each lot on the form. Mr. Burney went on to say the Ken Neumann is willing to work with the Village, if the SSA is approved, a development agreement will be drafted. Trustee Porch asked how did Neumann Homes derive at the park or school calculations. Mr. Jerry Callaghan, Attorney for Neumann Homes, said they took the village subdivision ordinance which provides either for a land donation or fee in lieu of land donation. The ordinance provides various factors to calculate the fee. There was a discussion regarding assessments and the SSA. Mr. Burney indicated that he believes this is a workable solution. Although the special service areas are new to the Antioch area and the Assessor, he noted that areas in McHenry County and Kane County that have SSA established that have not been challenged to date. Trustee Scott Pierce said that he is concerned that the SSA is done right and would like to take the rest of this week to get answers. Trustee Porch said that the village has demonstrated good faith by the number of meetings held. She would be disappointed if the agreement were off the table due to taking time to get answers regarding the SSA. Mr. Burney said that everyone has been working hard on this and he did not say the agreement was off the table. Trustee Larson said the Board is concerned that all of the paperwork is not in place at this point and that we don't have definitive answer. We all assume that it's going to work this way and we understand that in good faith they are going to document it this way, but we need something a little more concrete. We would like a little more time to consider it. Village Attorney Don Anderson said that Mr. Tom Burney, Attorney for Neumann Homes has accurately reflected what the law requires in terms of assessment. The initial purchase price may or may not reflect fair market value. The only real alternatives that are available are to accept the fair market value as the State require, or to substitute purchase price for fair market value and then in the case of the SSA result in a credit to the buyer for payment of the SSA taxes, which will have a downward effect upon the general property taxes that homeowners pay. That does not seem to square with what the Statute requires. Mr. Anderson's belief is that ultimately this will resolve in a way that there will be an additional value placed on line 11 of the green form, which reflect the SSA and as Mr. Burney stated. Mr. Steve Turner, School Board member, said their only concern is that we don't have a definitive answers yet.
TABLE SSA ORDINANCE	A motion was made by Trustee Caulfield, seconded by Trustee Pierce to table the SSA issues for one week to allow some time to get clarification from the Assessors. On roll call, the vote was: YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson. NO: 0. THE MOTION CARRIED. A meeting will be scheduled on Friday, September 27, 2002 at 7:00 p.m. to address these issues.
ATTORNEY	Village Attorney Anderson reviewed the following ordinances and also noted the proposed ordinances that would require a super majority vote of the Board as required under Municipal Code:
02-09-34	A motion was made by Trustee Pierce, seconded by Trustee Caulfield to waive the second reading, approve and publish in pamphlet form an ordinance, 02-09-34, entitled, ORDINANCE AMENDING THE COMPREHENSIVE PLAN BY AMENDING THE LAND USE DESIGNATION ON PLATE 7 THEREOF FOR APPROXIMATELY 55 ACRES OF PROPERTY, LOCATED AT THE SOUTHEAST CORNER OF ILLINOIS ROUTE 173 AND SAVAGE ROAD, AND BY INCREASING THE SIZE OF COMMERCIAL CENTERS TO THIRTY ACRES. On roll call, the vote was: YES: 4; Pierce, Larson, Caulfield, and Foresta. NO: 2; Porch and Hanson. THE MOTION CARRIED.
ATTORNEY	Attorney Anderson said there is no change in the Annexation Agreement ordinance. He reviewed the changes to the Annexation Agreement as discussed at the previous Board meeting.
02-09-35	A motion was made by Trustee Pierce, seconded by Trustee Caulfield to waive the second reading, approve and publish in pamphlet form an ordinance, 02-09-35, entitled, AN ORDINANCE AUTHORIZING AND DIRECTION THE EXECUTION OF AN ANNEXATION AGREEMENT BETWEEN NEUMANN HOMES, INC., AMCORE TRUST COMPANY, AS TRUSTEE, AND THE VILLAGE OF ANTIOCH. On roll call, the vote was: YES: 5; Pierce, Larson, Caulfield, Foresta and Hanson. NO: 1; Porch. THE MOTION CARRIED.
02-09-36	A motion was made by Trustee Pierce, seconded by Trustee Caulfield to waive the second reading, approve and publish in pamphlet form an ordinance, 02-09-36, entitled, AN ORDINANCE ANNEXING PROPERTY LOCATED AT THE SOUTHEAST CORNER OF ILLINOIS ROUTE 173 AND SAVAGE ROAD TO THE VILLAGE OF ANTIOCH, LAKE COUNTY, IL. On roll call, the vote was: YES: 5; Pierce, Larson, Caulfield, Foresta and Hanson. NO: 1; Porch. THE MOTION CARRIED.
02-09-37	After Attorney Anderson reviewed the only change to the ordinance since first read under, (Section 2), a motion was made by Trustee Caulfield, seconded by Trustee Pierce to waive the second reading, approve and publish in pamphlet form an ordinance, 02-09-37, entitled, AN ORDINANCE ZONING APPROXIMATELY THE NORTH 30 ACRES OF A 55 ACRE PARCEL AT THE SOUTHEAST CORNER OF IL ROUTE 173 AND SAVAGE ROAD IN THE B-3 ZONING DISTRICT AND APPROXIMATELY THE SOUTH 25 ACRES OF SAID 55 ACRE PARCEL IN THE E-1 ZONING DISTRICT AND GRANTING A SPECIAL USE PERMIT FOR AN ELEMENTARY SCHOOL ON SAID SOUTH 25 ACRES. On roll call, the vote was: YES: 4; Pierce, Larson, Caulfield, and Foresta. NO: 2; Porch and Hanson. THE MOTION CARRIED.
ADJOURN	A motion was made by Trustee Caulfield, seconded by Trustee Pierce to adjourn the special meeting of the Board of Trustees at 8:35 p.m.