VILLAGE OF ANTIOCH

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

July 19, 2004  

CALL TO ORDER The public hearing before the Mayor and Board of Trustees, regarding annexation to the Village of Antioch, File No. PZB 04-17; petitioner: Christian Life Fellowship Assembly of God and Jeffrey J. Brussaly, Senior Pastor, was called to order by Mayor Maravelas at 7:04 pm in the Municipal Building: 874 Main Street, Antioch, IL.
ROLL CALL Roll call indicated the following Trustees were present: Pierce, Larson, Caulfield Porch, Hanson and Turner. Also present were Mayor Maravelas, Attorney Long and Clerk Monroe.

Clerk Monroe administered the Oath to those who wished to testify.

Leo Delaney – Leo Delaney, the attorney for Christian Life Fellowship, explained where the property is located and showed the property on a map. He explained that the property is currently in the County and that they have been located there since 1988, but that they would like to annex into the Village. He stated that they are wishing to expand and since half of the congregation is from Antioch that they would like to be a part of the Village of Antioch. He explained the phases of the building and stated that in future an additional parsonage would be added.

Mayor Maravelas asked the size of the congregation. Mr. Delaney stated that currently it is about 150 people.

Trustee Porch asked over what time period the phases would be accomplished. Mr. Delaney stated that it would depend on finances and that he would like to defer that question to Pastor Jeff Brusaly. Pastor Brusaly stated that it would probably over a 10-year period.

Jeff Brusaly – Pastor Brusaly, of Christian Life Fellowship, stated that Mr. Delaney summarized everything but that he feels that it would be better to be part of the Village rather than the County. He said he feels this way since it feels closer to home and that they want to plant their church in the Village.

Mayor Maravelas asked how many acres of land. Pastor Brusaly stated that it is 10 acres.

Brad Semel – Brad Semel, a representative for the Illinois Department of Natural Resources (IDNR), stated that they are a neighbor to the east and that they have no objections but that they want to bring to the Boards attention that the Redwing Slough is classified as an Illinois naturalized inventory site. He also stated that there are 10 breeds of endangered birds.

Mr. Semel, stated he is concerned that if the property is annexed, that there might be a potential for commercial development. He also asked the Board to consider the possible future ramifications should this parcel be combined with the parcel to the south.

Trustee Larson asked how the parcel to the south could be considered for commercial development, since it is under litigation at this time. Mr. Semel stated that the IDNR’s condemnation lawsuit was withdrawn.

Attorney Long asked when that occurred. Mr. Semel stated it was about 3 weeks ago.

Trustee Larson asked if the property to the east is R-I. Director of Planning, Zoning and Building Silhan stated he believed that is correct. Trustee Larson then asked if they are discussing commercial development for that piece. Attorney Long stated that it is the piece to the south. Trustee Larson stated Mr. Semel stated that the property to the south is discussing commercial development.
Director Silhan stated that no one representing the landowner has had discussions with the Village.

Mr. Semel stated that it was in negotiations prior to the settlement that the value of the land went well beyond the capacity of the State.

Trustee Pierce verified if the property to the south is RE-1 and the land before them for annexation would be RE-1, if they could come before the Board to change the zoning. Attorney Long stated that a citizen can always approach the government and ask for relief and that includes a petition for rezoning. He stated whether or not that would be granted is up to the Board.

Trustee Pierce asked if the Board said no and the citizen took it to court, if the Board could be forced to change the zoning. Attorney Long stated that they would have to look at the LaSalle factor and that he wouldn’t want to prejudge the case. He also stated that there are restrictions on government for zoning.

Robert Mastraldenato – Robert Mastraldenato, of 886 Pine Hill, stated that the church has no intention for commercial and that to him it seems simple. He also stated that nothing to the south of them has anything to do with their property.

Trustee Pierce explained that the sewer for this land can’t come from the Village and that it either has to come from the Old Mill Creek County plant and any way you do that, it through the property to the south of you. He also stated that the cost of the sewer compared to the cost of building a church could result in the property being sold.

Mr. Mastraldenato stated that haven’t looked out that far. Trustee Pierce stated that he is just explaining.

Trustee Larson stated she doesn’t understand the advantage of annexing to the Village. Mr. Mastraldenato stated that they become part of the community.

Trustee Turner asked Pastor Brusaly if they have talked to the county about septic. Pastor Brusaly stated that it had been discussed back when the parsonage was built and that they have already dedicated land for a future septic field.

Trustee Turner asked about planting another church. Pastor Brusaly explained that it means to help another church begin.

Mayor Maravelas asked how long it would take the church to grow to 450 families. Pastor Brusaly explained that it would be 450 people and that it would 7 to 8 years.

Mayor Maravelas asked if there is any guarantee that he church won’t sell the property. Pastor Brusaly stated that he can’t say because it has been discussed. Mr. Mastraldenato stated that Pastor Brusaly can’t answer that because it hasn’t been presented before the Church Board.

Trustee Pierce asked if Mr. Delaney has reviewed the annexation agreement. He read the section pertaining to Water and Sanitary Sewer Service and stated that this would need to be changed. Mr. Delaney stated that they know that getting sewer will take a while but that this proves they are willing to do whatever the Village wants.

Attorney Long stated that the property is outside the FPA, so that Trustee Pierce does not need to worry about the sewer portion, since there is no means by which the Village can provide sewer.

Trustee Pierce stated that his concern is if the property to the south was changed to commercial zoning and a Target was to build there and to pay for the sewer. Then there would be sewer next to the church and they might be subject to a recapture agreement.

Mr. Delaney stated that they didn’t know, at the time the agreement was created, that a big box store might go in and that the State had lost and that it might need to be rehashed.
Trustee Porch asked Pastor Brusaly when he first approached the Village about the annexation. Pastor Brusaly stated that it was the end of May. Trustee Porch asked if he was told that the Board had taken the stance of no more annexations until 2005.

Trustee Porch asked who drafted the annexation agreement. Senior Planner Sakas stated that it is the standard format. Mr. Delaney stated that he drafted some of it.

Senior Planner Sakas stated that this is an annexation with a default RE-1 zoning and it does not require a hearing before the Planning and Zoning Board.

Mayor Maravelas asked why. Senior Planner Sakas stated that is how it is denoted in the ordinance and why it comes straight before the Board. He also stated that it is the most restrictive since it is rural estate, 5 acre minimum and agricultural. He stated that a church is allowed in this zoning.

Senior Planner Sakas states that the Route 173 Corridor Study denotes this parcel for institutional use. He also stated that if they were ever to sell or anyone proposed any development that it would go through the normal PUD process.

Trustee Turner stated that she knows that this can bypass the Planning and Zoning Board, but that she was surprised that it passed the Planning, Zoning and Building Committee. Senior Planner Sakas stated that it is still in the zoning ordinance and that maybe the process doesn’t fit very well, but it is still in the zoning ordinance as an annexation.

Trustee Turner stated that she didn’t think annexations were going to be considered. Senior Planner Sakas stated that he was under the impression that it was only for residential. Trustee Turner asked if this was residential zoning. Senior Planner Sakas stated that it is rural estate/agricultural.

Trustee Larson stated that there have been discussions with the landowners for several months and that the Board just heard about it last week. Senior Planner Sakas stated that this it the same timing as the Planning and Zoning Board. He also stated that they have been telling anyone asking about residential developments that the Board is not hearing annexation proposals. He apologized, if he misinterpreted the Boards intentions and that he is not trying to circumvent policy.

Trustee Turner asked if the Planning and Zoning Board has more than a week to review. Senior Planner Sakas stated that they get their packets on Fridays for the following Thursday meeting.

Director Silhan stated that his memo recommended continuing the hearing to a specific date to give more time to review the information.

Trustee Pierce verified that if the annexation is denied that they can’t reapply for a year and asked if that could be waived. Director Silhan stated that it could be waived.

Trustee Pierce stated that he felt that should be done to allow the church, the IDNR and staff to iron out any problems they have.

Trustee Larson made a motion to take the petitioner and public comments at the hearing and then close the hearing and to refer the annexation agreement to committee. Trustee Pierce seconded the motion.

Trustee Hanson stated that he liked the second alternative best.

Trustee Porch asked if there is a time frame in which the annexation should be reviewed further. Attorney Long stated that there is not and also stated that a combination of alternative 2 and 3 could be done.

Trustee Caulfield stated that alternative 3 doesn’t give the petitioner a timeframe and suggested that a time frame be set.

Trustee Turner stated that one of the options allowed the public hearing to be continued to another date and one closes the public hearing. Attorney Long clarified that closing the hearing just means that you won’t take any more testimony.

Trustee Pierce stated that he seconded the motion because it is critical that this is taken slowly to allow the IDNR to do their work.

On roll call the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

CALL TO ORDER The public hearing before the Mayor and Board of Trustees, regarding the Annual Appropriations Ordinance, was called to order by Mayor Maravelas at 7:55 pm in the Municipal Building: 874 Main Street, Antioch, IL.
ROLL CALL Roll call indicated the following Trustees were present: Pierce, Larson, Caulfield Porch, Hanson and Turner. Also present were Mayor Maravelas, Attorney Long and Clerk Monroe.

Clerk Monroe verified that there were not any citizens that wished to speak at the public hearing.

Finance Director Steele stated that the annual appropriation ordinance is based on the budget and that it has been discussed at two finance committee meetings. Director Steele explained the format and pointed out the additional amount for each area of the budget. She also explained the difference between an appropriation ordinance and a budget ordinance and that she recommends that the budget be used as a control measure.

Director Steele pointed out the wording changes that were made to Section Three and Section Four and explained why the changes were made.

Trustee Caulfield stated that the changes to the wording go along way to help the Village do what it said it will do.

Trustee Turner asked what the total amount of last year’s appropriation ordinance was. Director Steele stated that it was $22,964,400.00. Trustee Turner asked about for this year. Director Steele stated that it is 34,111,266.00. Trustee Turner stated that it is a substantial increase. Director Steele stated that it is up to the Board if they wish to restrain themselves further.

Trustee Caulfield asked if Director Steele would point out the items that have a large appropriation amount. Director Steele stated that Enterprise Fund has land opportunities and contractual services for the water/sewer treatment plant.

Trustee Pierce stated that on page 6 that there is a reserve of $115,000.00 and asked Administrator Probst if any of that money includes studies for drainage. Administrator Probst stated that part of it is for Sequoit Creek and the Depot Street Joint Park.

Attorney Long stated that just because money is in the appropriations ordinance does not mean that the Village is going to spend it.

There being no further discussion, a motion was made by Trustee Caulfield, seconded by Trustee Porch to close the public hearing concerning the appropriation ordinance at 8:09 p.m. On roll call the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

CALL TO ORDER Mayor Maravelas called the regular meeting of the Board of Trustees to order at 8:18 pm in the Municipal Building: 874 Main Street, Antioch, IL.
ROLL CALL Roll call indicated the following Trustees were present: Pierce, Larson, Caulfield Porch, Hanson and Turner. Also present were Mayor Maravelas, Attorney Long and Clerk Monroe.
MINUTES 06/07/2004

Trustee Porch, seconded by Trustee Larson, made a motion to approve the minutes from the June 7, 2004 meeting with the following corrections:

• On page 2: Change May 17, 2004 to June 7, 2004.
• On page 2: Change so to some.
• On page 3: Change water to street.

On roll call the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

PETITIONS Bids – Trustee Pierce made a motion, seconded by Trustee Hanson, to accept the Street Improvement bids into record. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

CITIZENS Torrie Sturgell – Torrie Sturgell, of 799 Cameron Drive, stated that she wanted to address the Board regarding construction for a road approved four years ago as an emergency access road, not for school buses or general traffic. She stated that she understands the need for a road but that there are already accidents on the street and it will only increase. She asked that a cattle gate be installed to keep it as an emergency access road.

Jim Ravesloot – Jim Ravesloot, of 779 Cameron Drive, stated that he has been a Police Officer for 21 years and asked if anyone has asked the Chief of Police for his understanding. He stated that it was his understanding that he is opposed to this being a general traffic road. He asked if this is an answer to the traffic problems on Highview? He also asked if there has been any research on an access road from IL Route 173? He stated that appears as though there was not a lot of thought put into this road and he understands the need for public safety, but that it should be for emergency access only.

Annette Teusink – Annette Teusink, of 801 Cameron Drive, stated that in the four months that they have lived on this street their child has almost been hit and that it is not a good idea to put a road in. She stated that people are already racing around in the parking lot and that it will move into the street. She also stated that there should be a barrier or if it’s used for special events that someone should be directing traffic.

Mayor Maravelas asked if anyone has contacted the School Board.

Ms. Sturgell stated that someone has.

Bret Teusink – Bret Teusink, of 801 Cameron Drive, stated that at the end of the day about 6 cars enter the street to turnaround and he can’t imagine what it will be like when the school is opened.

Jamie Patrick – Jamie Patrick of 782 Cameron Drive, he stated that he is concerned with the traffic but also with his children and the children on the street. He feels that this road is going to create more and more problems.

Pedro Berreles – Pedro Berreles, of 790 Cameron Drive, stated that he has an active 7 year old who wants to play outside. He also stated that there is a decline into the parking lot and that it is going to attract children and that is going to make it even worse. He stated he would also like to see a barrier.

Kevin Lueck – Kevin Lueck, of 778 Cameron Drive, stated that he wants to prevent and accident and that his wife was the one that called the school. He stated that the school told her that it will be for emergency access only.

Michael Wolczyz – Michael Wolczyz, of 799 Cameron Drive, stated that the road was designed for emergency access. He also stated that Trustee Larson signed it. He asked Trustee Larson if it was meant for emergency access. Trustee Larson stated that it was negotiated between the School and the Board.

Mr. Wolczyz stated that he wanted to road to have controlled access and stated that he doesn’t see that there is a lot of room for negotiation based on the agreement.

Larry Phillips – Larry Phillips, of 787 Cameron Drive, stated that he has only been an Antioch resident for about 9 hours, but that he is here because safety is the most important thing to him. He stated that he has personal issue because the cul-de-sac was part of the reason for purchasing the home and now it will not be a cul-de-sac, which has impact on the resale value of his home. He suggests a No Outlet sign in addition to the cattle gate.

Shawn Holt – Shawn Holt of 618 Cameron Drive, stated that this is a quality of life issue since she moved to Antioch to get away from traffic.

Virginia Lusch – Virginia Lusch, of 607 Summerlyn Drive, stated that lived in a similar situation and is concerned for the impact that her neighbors.

Robert McCarty – Robert McCarty, of 897 Tiffany Farms Drive, stated that he is on the Planning and Zoning Board and that the intention was that a barrier would be implemented. He also stated that having this be a general access road is not good for the community.

Steve Turner – Steve Turner, of 660 Wood Creek Drive, stated that he is the President of the School Board and that he was on the Board when the recommendation was made. He stated that access was requested for the school and the process was started back in 1994. He stated that they did check about access to IL route 173 as well as the Ice House Road and neither were possible. He also stated that he is disappointed that the developer did not tell them of the intention of this road.

Trustee Larson recommended that this be discussed at a Public Safety committee meeting and invited the School Board to attend to see if there are any negotiations that can be made.

Trustee Porch stated that she remembered this as being an emergency road and does not remember it being a general access road. She suggested reviewing the minutes to determine what the intention of the Board was.

Trustee Hanson suggested that the meeting be a Committee of the Whole meeting, so that all of the Trustees could be involved.

Trustee Porch asked Mr. Turner if the school would be amenable to not using the road until the committee was able to meet. Mr. Turner stated that the road is not even paved and that there is a contract and any changes to the contract would have to be discussed by the School Board and the Village Board.

PLANNING, ZONING AND BUILDING PZB 04-13 – Trustee Turner stated that the first item on the agenda is the Upton/Dodge variance and asked Senior Planner Sakas to provide more information.

Senior Planner Sakas stated that parking lots is an accessory use and is only accessory to a principal use so parking lots are not allowed on an empty lot. Based on that stipulation, the petitioner is requesting a variance to allow vehicles to be parked on the lot while the final preparation is done to build a new dealership. He stated that the petitioner is stating that their hardship is due to the time frame to get approval from Daimler Chrysler and government entities.

Senior Planner Sakas stated that the staff recommendation are as follows, the variance would expire in one year, engineering design submittal, bonding or performance guarantee and the appropriate permit from the Illinois Department of Transportation (IDOT) for the driveway.

Errol Kirsch, the architect representing Antioch Dodge, stated that he wanted to clarify that the parking lot will be used for inventory only. He also stated that the petitioner needs relief because of the over crowding in the current lot which is increasing. He also stated that the second hardship is the time frame it takes and a rash of break-ins that have occurred lately.

Mr. Kirsch stated that the process for IDOT improvements has been started and they have been meeting with Hey and Associates for review the wetlands.

Mr. Kirsch showed the proposed plan for the lot.

Trustee Turner asked if the IDOT permits have been obtained. Mr. Kirsch stated not yet.

Trustee Porch asked what would occur in the building was not ready in one year and the variance expired. Senior Planner Sakas stated that is whey they would be bonded for 110%, which is more than enough for removal of the parking lot.

Trustee Porch asked if they have to have the IDOT permit before they can start construction. Senior Planner Sakas state that IDOT wants to know that the Municipality will approve the construction but that the Village wants IDOT approval before the permit is issued.

Trustee Porch asked if the variance would transfer if the property were sold. Attorney Long stated that it is in place of the property owner for one year, unless otherwise stated in the agreement.

Trustee Porch verified that the lot is for inventory purposes only and asked if there was research done for any other lots in the Village. She also stated that the list of hardships is amusing since they are a part of the normal building process. Mr. Kirsch explained that the manufacturer, by SMC and IDOT, places the hardships upon them.

Trustee Hanson asked what would be done with the vehicles during construction. Mr. Kirsch stated that the construction is to the north of the proposed parking lot.

Trustee Pierce asked if additional lights will be requested because of the recent break-ins. Mr. Kirsch stated it won’t be necessary because a security guard has been hired. Mayor Maravelas asked when the guard will be on the premise. Mr. Kirsch stated that it will be 7 days a week.

Trustee Pierce stated that Senior Planner Sakas mentioned something about IDOT wanting reassurance from the Board before IDOT would take any action. He stated if the variance is going to be granted shouldn’t the Village have assurance that the car dealership will be approved regardless of the plans submitted.

Director Silhan stated that the property is zoned M-1 and that they are before you not for a building permit but for approval of a variance. He also stated that at the time the drawings are provided to the Building Department they will ensure everything is in place and that the petitioner may not have to come back before the Board.

Trustee Pierce asked what would happen if it was a Wal-Mart or a Target wanted to build a parking lot and stated that they wanted to wait to build the building, it wouldn’t be approved.

Attorney Long explained that the difference is that this property is already in the Village and is zoned for the suggested use. He stated that your original question was what would happen if he had a permit application that met all of the requirements, what would happen and if that were the case it would never come before the board.

Trustee Pierce stated that it’s putting the horse before the cart and that the Board needs to be very careful.

Trustee Larson stated that this is conditional upon one year. Trustee Pierce stated that Wal-Mart could have been conditional. Trustee Larson stated that there is a difference between parking cars on a parking lot and putting boxes on a parking lot.

Trustee Turner stated that a $120,000.00 was spent on the corridor study and with putting in a parking lot she is concerned with the message that it will be giving.

Trustee Porch asked if any construction started. Engineer Nyberg stated that Antioch Dodge did start making the parking lot and it was red tagged because they did not have a permit.

Trustee Turner asked for a motion to approve the PZB recommendation concerning Upton/Antioch Dodge. Trustee Larson made the motion and Trustee Caulfield seconded the motion. On roll call, the vote was:

YES: 2: Larson and Caulfield
NO: 4: Pierce, Porch, Hanson and Turner
THE MOTION FAILED

Trustee Porch asked if since this has already been started, if it needs to be restored. Engineer Nyberg stated that it is stable and that it would probably do more harm to try and restore it.

INDUSTRIAL, RETAIL, REDEVELOPMENT, CIVIC AND COMMUNICATIONS Other Business – Trustee Porch stated that she was going to discuss the Fourth of July, but that she will wait for the August meeting.
FINANCE AND ADMINISTRATOR Invoices over $10,000 – Trustee Caulfield made a motion to authorize an invoice to Illinois EPA, in the amount of $17,500.00 for the Treatment Plant Annual Permit Fee. Trustee Porch seconded the motion.

Trustee Caulfield stated that this same payment was approved at the last meeting.

Director Steele explained that this check replaces the check previously approved.

Engineer Nyberg stated that the previous check also included a portion that didn’t need to be paid and the State asked that a check for an amount more than what is owed, not be sent to them.

On roll call, the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Trustee Caulfield made a motion to authorize an invoice to the Lake County Treasurer, in the amount of $14,075.00 for an open cut permit. Trustee Pierce seconded the motion.

Engineer Nyberg stated that by County ordinance anyone making an open cut must pay $700.00 plus $25.00 per square foot for the permit fee. He stated that the permit is for the entrance to the Oakwood Knolls subdivision has an undersized sewer pipe and correcting it will alleviate sewer back-ups.

Trustee Pierce stated that even though the County is repairing the road next year, we still have to pay the permit fee. Engineer Nyberg stated that is correct.

On roll call, the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Accounts Payable – Trustee Caulfield made a motion to approve the accounts payable with a revised amount of $289,917.66, as prepared by Village staff. Trustee Larson seconded the motion.

Trustee Caulfield stated that the revision is due to removing check 40084, in the amount of $1870.00 and check 40206, in the amount of $960.00. He stated that both checks were removed on the request of the Finance Director.

Trustee Porch asked if the checks would be issued without having to be approved at the next meeting. Director Steele stated that the checks were manual checks.

Trustee Larson asked about the check to Bruce Tiepel and that all it says is services rendered. Attorney Long stated that this is a result of HIPAA and that it should probably say dental services; that previously it included the employee’s name.

On roll call, the vote was:
YES: 5: Pierce, Larson, Caulfield, Hanson and Turner
NO: 0
PASS: 1: Porch
THE MOTION CARRIED

Manual Checks – Trustee Caulfield made a motion to approve manual checks written to date for the water and sewer account in the amount of $215,381.97, the payroll account in the amount of $11,562.33, the Dolly Spiering fund in the amount of $29,763.82 and the general account in the amount of $28,558.02. Trustee Porch seconded the motion.

Trustee Porch stated that Dolly Spiering normally has payroll and asked if the Village is now paying it. Director Steele stated that the check was probably included in the general fund.

On roll call, the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Escrow Invoices – Trustee Caulfield mentioned that the escrow invoices are informational.

Ordinance 04-07-31 – Trustee Caulfield made a motion, seconded by Trustee Porch, to waive the first and second reading, approve and publish in pamphlet form an ordinance, 04-07-31, entitled ANNUAL APPROPRIATIONS ORDINANCE. On roll call, the vote was:

YES: 5: Larson, Caulfield, Porch, Hanson and Turner
NO: 1: Pierce
THE MOTION CARRIED

Other Business – Trustee Caulfield stated that he has had some conversations with residents and that there seems to be some confusion surrounding the Village financial situation and the rec center and infrastructure. He felt it was necessary to explain that some monies are meant to be used for land acquisition or infrastructure. He stated that there is a considerable amount of money for land acquisition but that everyone needs to understand that the money for land acquisition cannot be used for sewers. He stated that he wanted to make sure that residents understand that.

Trustee Pierce stated that he understands it quite clearly and hopes that residents understand. He also stated that a lot of money has been spent on sanitary sewers, but that is different than storm water sewers. He also feels that money should be set aside, possibly from some of the items in the current budget for SMC studies.

Mayor Maravelas stated that extensive work was done in Oakwood Knolls in 2001 and 2002 and that Public Works is constantly working on the sewers.

Trustee Pierce stated that what he feels is needed is a plan, to put something in motion and to find funding.

Trustee Hanson stated that Trustee Caulfield was echoing the residents, not the Board. He also stated that some of the areas of Antioch are older and there have been a lot of improvements over the years. He thinks that residents understand that the Village is responsible for a lot of areas.

Trustee Caulfield stated that there have been some recent issues with flooding but during the budget process and meetings and there were specific requests made for issues. He stated that he does not remember any specific talks about this and that he recommends it for next years budget.

PUBLIC SAFETY, PUBLIC WORKS AND UTILITIES

Thomas Nowotarski – Trustee Hanson, seconded by Trustee Caulfield, made a motion to remove Officer Thomas Nowotarski from probation. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Fire Department Roster – Trustee Hanson made a motion, seconded by Trustee Pierce, to add the following names to the roster of the Antioch Fire Department/First Fire District as probationary members: Andrew Dykiel, Ryan Keefe, Luke Larson, Clint Ludden, Chris Richardson, Timothy Ruth and Aaron Wilson. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Other Business – Trustee Hanson stated that he would like a Committee of the Whole meeting called to discuss Cameron Drive.

PARKS AND LICENSE Resolution 04-16 – Trustee Larson stated that the rules are being revised to comply with Lake County’s rules and regulations.

Trustee Pierce asked if contestants apprised of these rules before the competition. Attorney Long stated that they were not because they are new. Trustee Pierce stated that the contestants will be informed of these, but next year they will go into effect. Attorney Long stated that are in effect and that if someone disagrees with them, they could resign their post.

Trustee Larson made a motion, seconded by Trustee Turner to approve resolution 04-16, entitled A Resolution Adopting Revised Pageant Rules.

Trustee Caulfield stated that one item stands out and read item 15 and asked if this is the County wording. Attorney Long stated that it is Antioch’s wording.

Trustee Caulfield stated that he thought this change was to comply with the County and thinks that it is restrictive. Attorney Long stated that it would have to be a direct impact.

On roll call, the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Liquor License – Trustee Larson made a motion to issue a liquor license to the Antioch Rotary, Caribbean Nights, for October 2, 2004 waiving fee. Trustee Porch seconded the motion. On roll call, the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Park Rental – Trustee Larson made a motion to approve park rental alcohol requests for Rachel Iwanski at Centennial Park on September 18, 2004, Herb Riedel III at Williams Park on August 22, 2004 and Heritage Dental at Williams Park on August 21, 2004. Trustee Porch seconded the motion. On roll call, the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Park Rental – Trustee Larson made a motion to ratify the approval of a park rental alcohol request for Tom Dvorak at Centennial Park on July 17 2004. Trustee Porch seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Block Party – Trustee Larson made a motion to approve block party requests for Pine Hill Lakes, Deer Court on July 31, 2004 from 1:00 pm to 9:00 pm, Oakwood Knolls, Linden Lane on July 31, 2004 from 1:00 pm to 9:00 pm, Tiffany Farms, Heather Court on July 24, 2004 from 11:30 am to 8:00 pm and Oakwood Knolls, Lakewood/Maplewood and Hazelwood/Maplewood on August 28, 2004 from 3:00 pm to 10:00 pm. Trustee Turner seconded the motion.

Trustee Hanson asked where the road will be blocked for the block party for Lakewood/Maplewood and Hazelwood/Maplewood. Trustee Pierce explained how the streets connect and where the road would be blocked.

On roll call, the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Other Business – Trustee Larson stated she brought along the concept plan for the Joint Village and Township Park, if any of the Trustees would like to see it after the meeting.

ENGINEERING AND SENIOR SERVICES

White Road – Trustee Pierce stated that there is a resident on White Road that is interested in paying to have White Road paid, for an estimated cost of $22,000. He made a motion to go out for bid for White Road. Trustee Porch seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Longview – Trustee Pierce stated that there was a committee meeting the other day and asked Engineer Nyberg to provide more information.

Engineer Nyberg stated that over the past few years there have been a number of subsurface drainage issues on the west side of Longview, adjacent to the Arbors of Windmill Creek subdivision. He stated that these drainage issues have occurred regardless of weather. He stated that it appears that a drain tile is broken or blocked and after some discussion in the committee meeting, research was done and a company that locates drain tiles has been identified. He stated that he recommends utilizing the company to try to locate the defunct drain tile.

Trustee Pierce made a motion to allow staff to work with the company to locate the defunct drain tile. Trustee Turner seconded the motion.

Trustee Caulfield asked how the line gets drawn between a personal homeowners issue and the Village acting as a mediator? He stated that he asks because this came up not that long ago, related to storm water issues. He asked where the line is drawn? He stated that this potentially opens the Village to a floodgate of financial drains.

Trustee Turner stated that this is a different case and that the residents lived there for a long time without these problems and that the only started when the new subdivision went in. She stated that at some point the Village must help.

Trustee Turner stated that the bond is still there for the developer and it should be used.

Trustee Larson stated that this is why we hold a letter of credit and if it can be traced to the developer, then the letter of credit should be used.

Mayor Maravelas asked why we don’t go after the engineer. Director Silhan stated that the letter of credit is with Ryland Homes and that if Ryland homes caused the problem, as it appears, that is a reason to hold the letter of credit.

Trustee Hanson stated that this might not be the last time since more farm fields are being built on. He stated that he is happy that this was brought to the Village’s attention so that it can be handled before it becomes the Village’s problem. Director Silhan stated that the ordinance was changed to handle with drain tiles.

Trustee Pierce stated that he thinks that sometimes the Village is responsible and should step forward and that sometimes the property owner is responsible and that each must be handled on a case by case basis.

Trustee Turner called to question. Attorney Long stated that it needs to be done as a motion. On roll call, the vote was:

YES: 4: Pierce, Larson, Hanson and Turner
NO: 1: Caulfield
PASS: 1: Porch
THE MOTION CARRIED

On roll call, the vote was:
YES: 5: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
PASS: 1: Porch
THE MOTION CARRIED

Discussion Southeast Corner of 173 – Trustee Pierce stated that he is going to table this discussion.

ATTORNEY Resolution 04-17 – Attorney Long read the resolution. Trustee Hanson, seconded by Trustee Pierce, made a motion to approve resolution 04-17, entitled A Resolution Authorizing the Current Village Clerk to Sign Ordinance 04-01-02.

Trustee Pierce asked what the ordinance pertains to. Clerk Monroe stated that the ordinance changes the fees that can be applied for checks with non-sufficient funds.

On roll call, the vote was:
YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Executive Session Resolution – Trustee Porch made a motion, seconded by Trustee Larson to table this resolution. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Executive Session – A motion was made by Trustee Hanson for the Mayor and the Board of Trustees to move into executive session, at 10:13 pm. Trustee Porch seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

Return – Trustee Pierce made a motion for the Mayor and the Board of Trustees to return from Executive Session to the open meeting at 10:30 pm, with no action to be taken. Trustee Larson seconded the motion. On roll call, the vote was:

YES: 6: Pierce, Larson, Caulfield, Porch, Hanson and Turner
NO: 0
THE MOTION CARRIED

ADJOURNMENT A motion was made by Trustee Caulfield and seconded by Trustee Pierce to adjourn the regular meeting of the Board of Trustees at 10:31 pm.
 
Respectfully submitted,

____________________

Amy S. Monroe, Village Clerk
Return to Village Board Info