VILLAGE OF ANTIOCH

BOARD OF TRUSTEES, REGULAR MEETING
Municipal Building: 874 Main Street, Antioch, Illinois

December 2, 2002
 
CALL TO ORDER The regular meeting of the Board of Trustees was called to order by Mayor Maravelas at 7:40 p.m. in the Municipal Building: 874 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.
LIONS CLUB Mayor Maravelas reviewed the letter dated November 22, 2002 to Mr. Dan Dugenske, Chairman of the Antioch Lions Club Wild Game Dinner. Mayor Maravelas congratulated the club on their successful event and thanked them for the $5,000.00 donation. The donation will be deposited in Fund 37 which is the William E. Brook Memorial Fund.
LEE SHANNON A motion was made by Trustee Pierce, seconded by Trustee Foresta to re-appoint Lee Shannon as ESDA Coordinator. On roll call, the vote was:
YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
THE MOTION CARRIED.
ComED Administrator Haley reported that after our last meeting, he met with representatives from Commonwealth Edison and they have decided to review the proposal and look at available options. Representatives from Commonwealth Edison asked that their petition be removed from future agendas until we are notified by them.
LAKE COUNTY SSA Robert Silhan, Director of Planning, Zoning and Building said the Pulte petition was tabled at the Plan Commission meeting on September 14, 2000 because of the off site utilities issues. Mr. Marc Neuerman, Pulte Homes representative, discussed their request to annex the Elfering property to the Lake County SSA for sanitary sewer service. Mr. Neuerman said the application and the number of units has not changed. Mr. Neuerman is looking for Board consensus regarding the annexation of the P.U.D. into the Lake County SSA pending village board approval of the 182 units on 90 acres. Trustee Larson asked Mr. Neuerman if he planned on purchasing Ken Neumann's credits. Mr. Neuerman said they would follow procedure as outlined by the village. Attorney Anderson discussed the Northeast Connection Charge ordinance. There was a brief discussion regarding approval of the SSA and obligation of the Village Board. Attorney Don Anderson said the SSA request is totally independent of the approval process and the P.U.D. stands alone. Mayor Maravelas would like the discussion tabled. Following further discussion, no action was needed by the Board.
PZB02-17 The following Planning and Zoning Board letter of recommendation dated November 26, 2002 regarding the proposed temporary moratorium on certain annexation and zoning amendment requests; PZB02-17:

The Planning and Zoning Board conducted a public hearing on November 21, 2002 following legal notification as required by State Law and Village Ordinance. (Mr. Silhan indicated that the legal notice of hearing was published in the Waukegan News-Sun on November 4, 2002, more than fifteen days prior to the hearing.)

The proposal on file is a memo dated November 1, 2002 from Bob Silhan, Director of Planning, Zoning and Building. Mr. Silhan presented the proposal. He indicated three critical legal issues that were previously discussed with the Village Attorney. These are: 1) limited specified duration; 2) substantive reasons; and 3) specific attainable objectives.

Duration. The moratorium is proposed to begin on January 1, 2003 and continue for 6 months, subject to possible extensions depending upon an evaluation of the progress in meeting the stated objectives.

Substantive Reasons. The reasons for creating the moratorium include: 1) recent, significant and continuing development pressure which has occupied much of the staff's, P&Z Board's, and Village Board's time; 2) an 11-year old Comprehensive Plan, which we've attempted twice to update, but to no avail; 3) a Zoning Ordinance which includes some regulations that date back to the mid-1960's; 4) a Subdivision Code which includes some regulations that date back to mid-1970's; and 5) a need to provide the time and resources to work on the various development guidelines.

Objectives. The objectives as indicated on page 2 of the proposal are as follows: 1) the Village Board of Trustees shall receive a Comprehensive Plan recommendation from the Planning and Zoning Board at the conclusion of the required public hearing process; and 2) the Village Board of Trustees shall receive a recommendation from the Building and Engineering Standards subcommittee concerning proposed amendment to development regulations.

Scope. Mr. Silhan indicated that the scope is limited based upon potential windows of opportunity that may arise during the next six to twelve months, or existing vested rights on certain parcels. The moratorium would affect requests for annexation, re-zoning, preliminary PUD plan review, or multiple variations designed to circumvent the PUD review process, except for those areas specifically excluded. The moratorium would not affect nor prevent conventional, non-PUD subdivisions or re-subdivisions of properties already annexed to the Village of Antioch, and already zoned for the owner's/developer's proposed use.

The proposed exceptions areas as indicated in the proposal, are as follows:

a) Annexation of properties to be zoned and developed as RE-1, Rural Estate, 5-Acre lot minimum;

b) Property within currently unincorporated Lake County and zoned GC, General Commercial, or GO, General Office, as depicted on the UDO Zoning Map adopted April 11, 2000, and proposed for annexation and commercial, (or mixed-use commercial with some residential), development within the Village;

c) Property depicted as Commercial, Office/Business Park, or Industrial on Plate 7 of the 1991 Comprehensive Plan as last amended, and proposed for annexation and commercial, office, or industrial development within the Village;

d) Property within the historic central core area of the Village as defined by the following Sections of Township 46 North, Range 10 East: Fractional Section 5, South Half of Section 7, Section 8, Section 17 and East Half of Section 18;

e) Property that by its unique location may provide, in the Village Engineer's opinion, an appropriate site for a well and water tower; and

f) Property that by its unique location and/or unique circumstances may provide for, or greatly facilitate an opportunity for intergovernmental cooperation between local units of government relative to improvements to schools, parks, roads, utilities, or other public amenities.

Bob Silhan presented a map which graphically depicts the affected areas and the exception areas.

There were two persons in the audience, Jodi Gott and Sandi Siegmeier. They each spoke in favor of the moratorium, but had some concerns about the exception areas.

Following the Board's deliberation, Tom Baba moved, Carol Keller seconded, that PZB02-17, a request for a temporary moratorium on certain annexation and zoning amendments be recommended for approval. The recommendation includes that the development of a Comprehensive Plan sub-committee and Building/Engineering sub-committee each include one appointed member from the Planning and Zoning Board. If the appointed member is unavailable to attend a sub-committee meeting, then he/she would request another P&Z Board member to attend that meeting. Furthermore, the P&Z Board also requests regular reports as to the progress and status of each sub-committee to include presentations at regular P&Z Board meetings. Roll call vote: YES: 4; Cole, LaReese, Keller and Baba. NO: 0. ABSENT: 2; Ipsen and McCarty. The Motion Carried.

VB DISCUSSION After the review of the above letter of recommendation, the Village Board discussed the areas affected by the moratorium and those areas that may be excluded from the moratorium. The Board also discussed time frames that the moratorium should be in place. Robert Silhan reviewed a map designating areas to be excluded, properties that are part of boundary agreements and special interest areas. Attorney Anderson said based on discussion, the only exception is listed as (b) Property currently within unincorporated Lake County and zoned General Office.
VB MOTION Following discussion, a motion was made by Trustee Pierce, seconded by Trustee Larson to implement PZB02-17 beginning January 1, 2003 not to exceed 18-months, with review of the objectives to be completed prior to removal of moratorium, excluding areas of Route 173 and Route 45 as described by Bob Silhan. This motion authorizes the Village Attorney to draft the appropriate ordinances. On roll call, the vote was:
YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
THE MOTION CARRIED.
TREE ORDINANCE Trustee Scott Pierce asked the Village Attorney to draft an amendment to include subdivisions in the tree ordinance by January 2003.
TIA M. CHINN After reviewing the letter dated November 27, 2002 from Police Chief Watkins, a motion was made by Trustee Hanson, seconded by Trustee Porch to authorize hiring Tia M. Chinn as 911 Telecommunicator with a starting pay rate of $13.22 an hour. On roll call, the vote was:
YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
THE MOTION CARRIED.
ATTORNEY Village Attorney Don Anderson reviewed the following Ordinances:

Trustee Pierce left the Board Room at 9:25 p.m.

02-12-45 A motion was made by Trustee Larson, seconded by Trustee Hanson to approve and publish in pamphlet form an ordinance, 02-12-45, entitled, ORDINANCE ESTABLISHING RULES FOR USE OF THE ANTIOCH SKATE/BIKE PARK. On roll call, the vote was:
YES: 5; Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
ABSENT: 1; Pierce.
THE MOTION CARRIED.

Trustee Pierce returned to the Board Room at 9:27 p.m.

Attorney Don Anderson read aloud the following Ordinance:

First Reading: An Ordinance amending Chapter 150 of the Zoning Code by amending Sections 150.002; 150.003; 150.025; 150.060 through 150.067, both inclusive; 150.106 through 150.108, both inclusive; and 150.093 relative to intent and purpose, definitions, establishment of districts and PUD regulations; File No. PZB02-02.

02-12-46 A motion was made by Trustee Pierce, seconded by Trustee Larson to waive the second reading, approve and publish in pamphlet form an ordinance, 02-12-46, entitled, AN ORDINANCE AMENDING CHAPTER 150 OF THE ZONING CODE BY AMENDING SECTIONS 150.002; 150.003; 150.025; 150.060 THROUGH 150.067, BOTH INCLUSIVE; 150.106 THROUGH 150.108, BOTH INCLUSIVE AND 150.093 RELATIVE TO INTENT AND PURPOSE, DEFINITIONS, ESTABLISHMENT OF DISTRICTS AND P.U.D. REGULATIONS. FILE NO. PZB02-02. On roll call, the vote was:
YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
THE MOTION CARRIED.

Attorney Anderson read aloud the Resolution authorizing Village Attorney to sign escrow agreement.

R02-12-02-1 A motion was made by Trustee Larson, seconded by Trustee Foresta to approve the RESOLUTION AUTHORIZING VILLAGE ATTORNEY TO SIGN ESCROW AGREEMENT (R02-12-02-1) as presented. On roll call, the vote was:
YES: 6; Pierce, Larson, Caulfield, Foresta, Porch and Hanson.
NO: 0.
THE MOTION CARRIED.

Don Anderson, Village Attorney read aloud the Resolution authorizing Mayor to rescind February 17, 2000 Agreement between Village of Antioch and Deercrest L.L.C. and S & S Properties, Inc.

R02-12-2-2 A motion was made by Trustee Pierce, seconded by Trustee Hanson to approve the RESOLUTION AUTHORIZING MAYOR TO RESCIND FEBRUARY 17, 2000 AGREEMENT BETWEEN VILLAGE OF ANTIOCH AND DEERCREST L.L.C. AND S & S PROPERTIES, INC. (R02-12-2-2) as presented. 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 Caulfield, seconded by Trustee Foresta for the Mayor and Board of Trustees to go into executive session at 10:00 p.m. to discuss pending litigation and personnel. 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 Caulfield, seconded by Trustee Porch for the Mayor and Board of Trustees to return from executive session at 10:20 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.
ADJOURN A motion was made by Trustee Porch, seconded by Trustee Foresta to adjourn the regular meeting of the Board of Trustees at 10:21 p.m.
 
Respectfully submitted,

____________________
Candi L. Rowe, Clerk

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