A motion was made by Trustee Larson, seconded by Trustee Pierce to authorize the advertisement for a full time position with duties to be split between the administrators and clerks office. On roll call, the vote was:
YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
THE MOTION CARRIED.

The Combined Planning and Zoning Board conducted a public hearing on March 14, 2002 following legal notification pursuant to State Law and Village Ordinances. The hearing was continued to April 25, June 27, and concluded on July 11, 2002.

The petitioner for this request is Robert Silhan, Director of Planning, Zoning and Building for the Village of Antioch. His original request is dated 02/14/02. Through our deliberations there were several changes, most of which were reflected in Mr. Silhan's revised memo of July 3, 2002. As Bob Silhan testified, it is not the intent to apply these regulations retroactively to any development proposal currently being considered by the Village or the courts. The attached proposal is inclusive of all the language as recommended by the Planning and Zoning Board. Briefly, the proposal includes the following changes:

A) Section 150.002, Intent and Purpose: reference to the Comprehensive Plan;

B) Section 150.003, Definitions: revised definitions for Area, Net Development, and other terminology;

C) Section 150.025, Districts: the addition of 3 new residential districts and an open space district, and the re-naming of 2 residential districts;

D) Section 150.060 through 150.067, both inclusive, Residential Districts, specific regulation relative to the new districts established in item #3, above;

E) Section 150.106 through 150.108, both inclusive, PUD Regulations: included among other changes the limitation on lot size variations with PUD's of up to 15 percent of that considered minimum within the underlying zoning category, as long as the average lot size is equal or greater than the conventional minimum lot size; and

F) Section 150.093, OS Open Space District: specific regulations allowing for certain special uses within the new zoning category.

Following audience input and considerable deliberation, Carol Keller moved, Kyle LaReese seconded that PZB02-02, Proposed Zoning Text Amendments be approved as revised. Upon roll call vote: YES: 6; Ipsen, McCarty, F. Johnson, Keller, LaReese and Baba. NO: 0. The motion carried.

Bob Silhan, Director of Planning, Zoning and Building briefly reviewed the residential districts as listed on page 2 of the proposal dated 2/11/02. Trustee Foresta asked the purpose of creating these new districts. Mr. Silhan said the purpose is to provide a broader range of residential categories. He also said many of the suggested changes are based on case law which Village Attorney Don Anderson had indicated to the Board before. Prior to that case, Mr. Silhan would have suggested to keeping the same number of zoning categories or possibly decreasing them. Mr. Silhan went on to say that he thinks we need different zoning categories to provide choices.

The Combined Planning and Zoning Board conducted a public hearing on September 19, 2002 following publication and notification as required by State Law and Village Ordinance.

Kenneth Clark, Attorney representing Commonwealth Edison, presented the request. Mr. James Sykora, ComEd's Space Utilization Manager was also present to give testimony. They provided a history of ComEd's use and ownership of the site. A previous special use, an electrical substation, was on that site. It was removed sometime after 1992, when the new substation was constructed east of South Route 83 and east of the railroad tracks.

Village Planner Bob Silhan presented his report. He indicated that there were drawing exhibits presented at the hearing that have some modifications to those attached to the petition, for example a driveway onto Hillside Avenue. The petitioners indicated no objection to the staff's suggested conditions and will agree to no driveway onto Hillside, provided that the Village understand that the Route 59 driveway may need to be expanded somewhat in order to accommodate two-way traffic.

Mr. Silhan's recommendation indicated: "If no other alternative site in the Village of Antioch is available for the proposed use, I recommend that the petition and proposal be approved with the conditions:

a. No vehicular access to Hillside Avenue;

b. No fence be allowed any closer to Rt. 59 than that indicated on the Conceptual Design plan submitted with the petition; and

c. Landscaping in accordance with a plan approved by Village staff."

Because the properties both north and south of the subject parcel are designated as commercial on the Comprehensive Plan, and both are on the market for sale, the Planning and Zoning Board pursued the question of alternative sites with the petitioner. There does not appear to be a viable alternative at this time. Village Attorney Don Anderson indicated that the Planning and Zoning Board needs to consider the technical merits of the petition and not speculate on the availability of other sites.

Responding to a question from the Board, Mr. Silhan indicated that when Verizon came to the Village requesting a utility building at the Anita Avenue water tower, the Village Board required that the pre-fabricated building be faced with brick.

Following further discussion and deliberation, Brad Ipsen noted that ComEd has owned the property for many years, and it has been sitting vacant for a few years; and there, Mr. Ipsen moved, Tom Baba seconded that PZB02-14 be recommended for APPROVAL, with the conditions set forth by staff, and aesthetic conditions of the building, the "lay down area" and storage area being approved by staff. Upon roll call vote: YES: 4; Ipsen, F. Johnson, Keller, and Baba. NO: 1; LaReese. ABSENT: 1; McCarty. The motion carried.

Mayor Pro Tem Larson asked Trustee Pierce what the issues are. Trustee Pierce said the issue that is looking for alternate locations. Mayor Pro Tem Larson said that was discussed at the Planning and Zoning Board hearing. ComEd has a site on Route 83 but it's not large enough and they would have remove transformers to get into the site. Mr. Clark said that he wanted to make it clear, that ComEd would like to use the site, a utility site, as it has been used for the last 75 years. Ken Clark, Attorney for the petitioner, requested that he be allowed to move forward with his presentation. Diane Emerson, Internal Affairs Representative for ComEd was also present. Mr. Clark said the site was used for 75 years and the has been vacant since and not used for about five to seven years. Mr. Clark said the site would be used as a reporting facility for five crews (ten people total), and the primary use would be for emergency and maintenance. There may be a daily delivery by a semi-truck to drop of supplies that would be needed by the maintenance/emergency crews. The closest emergency or maintenance facility is located in Waukegan or Libertyville. He also said that many crews live in the Antioch area and that is another reason ComEd would like to use the site. The service in Antioch during an emergency is far greater than if crews would drive to Libertyville to get their trucks and drive back. Mr. Clark said the site currently has three zoning categories on it, B-3, R-3 and R-3. In his opinion, the only other use for this site may be commercial development which could be a strip mall. The ComEd proposal would be heavily landscaped to make the site pleasing to the residents. He went on to say that no one spoke against the petition at the planning and zoning hearing. He also said there would be five crew trucks, storage boxes, the office may or may not be manned, it would be a low intensity use as in the past and that the site would be lighted with low intensity lights to protect the residential area, fenced and heavily landscaped as approved by the village.

Trustee Pierce said that he has a problem with the comparison of the previous transformer use and the proposed current facility of a reporting station. Trustee Pierce said that the Hometowne Electric proposal was denied due to the impact on residents. Mayor Pro Tem Larson said she didn't believe there could be a comparison of the ComEd and Hometown Electric proposals. Hometown Electric is a private use and there were residents present that spoke against the proposal. The ComEd proposal is a public use and there was no one at the hearing that spoke against the petition. Trustee Foresta asked if the petitioner would agree to change to one zoning that would be suitable for the entire site. Attorney Clark stated that they would be willing to petition to change to B-3 zoning as a condition for approval. There was a brief discussion regarding the fencing. Diane Emerson, ComEd representative, indicated that an eight foot fence would be necessary for security reasons. Trustee Hanson asked Attorney Anderson if this proposal can be compared to the Hometowne Electric proposal and create a problem for that site. Attorney Anderson said he didn't view the Hometowne Electric case was a precedent for this. That was a case where the zoning change was sought because of proposed intended use, but the petitioner anticipated the approval and did some improvements on the land, and also there were some objections from the residents because of the proposed zoning change. This is one in which the proposed use is consistent with a past use. Attorney Anderson said that he doesn't think the other is a precedent for this, there are other considerations, but he doesn't believe that's one of them.

First reading: An Ordinance Amending Chapter 150 of the Zoning Code by amending Section 150.077 Relative to Fences; File No. PZB02-09. This item will be placed on the next agenda for consideration with verbiage changes as discussed.

First reading: An ordinance authorizing and providing for the issue of $475,000 General Obligation Refunding Bonds (Alternate Revenue Source), Series 2002B, of the Village of Antioch, Lake County, Illinois, for the purpose of refunding the outstanding General Obligation Bonds (Alternate Revenue Source) dated September 15, 1991 of said Village, prescribing the details of said Bonds and application of certain tax receipts to pay said Bonds.

A motion was made by Trustee Caulfield, seconded by Trustee Foresta to waive the second reading, approve and publish in pamphlet form an ordinance, 02-10-41, entitled, AN ORDINANCE AUTHORIZING AND PROVIDING FOR THE ISSUE OF $2,000,000 GENERAL OBLIGATION BONDS (ALTERNATE REVENUE SOURCE), SERIES 2002a OF THE VILLAGE OF ANTIOCH, LAKE COUNTY, ILLINOIS, PRESCRIBING THE DETAILS OF SAID BONDS AND PROVIDING FOR COLLECTION, SEGREGATION AND APPLICATION OF CERTAIN MOTOR FUEL TAXES TO PAY SAID BONDS. On roll call, the vote was:
YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
THE MOTION CARRIED.