DeKalb County, Illinois
	Minutes of the Planning & Regulations Committee April 25, 2001

The Planning and Regulations Committee of the DeKalb County Board met on April 25, 2001 at 7:30 p.m. in the DeKalb County Administration Building, Conference Room East. In attendance were Committee Members Robert Hutcheson, Roger Steimel, Howard Lyle, James Barr, Thomas Smith, Marlene Allen, Veronica Casella and Clifford Simonson, and staff members Paul Miller and Marcellus Anderson. Audience members included Chris Rickert, Carl Simonson, Greg Millburg, and Larry and Pam Nelson.

Mrs. Allen moved to approve the minutes, seconded by Mr. Barr, and the motion carried unanimously.

Mrs. Casella moved to approve the agenda, and seconded by Mr. Lyle. Mr. Hutcheson said that Mr. Miller had one item to add regarding a lawsuit involving the City of Springfield and the Village of Chatham over an Annexation Agreement. The motion to approve the amended agenda carried unanimously.

Mr. Miller said that the DeKalb County Hearing Officer Ron Klein conducted a public hearing on April 5, 2001 regarding the request to approve construction of a radio tower on Ault Road for a new FM radio station. Two members of the public came to the hearing, and the only concern expressed was the possibility of interference with television reception. It was explained that the applicant is prohibited by the Federal Communications Commission (FCC) from interfering with other broadcast signals.

The Hearing Officer recommended approval of the Special Use Permit, with conditions. Mr. Steimel moved to recommend approval with the Hearing Officer’s conditions, seconded by Mr. Simonson. Mr. Steimel added that he was pleased that the Nelsons found a spot for the tower. Mr. Smith asked if cellular companies could share the tower. Mr. Nelson said that they could and he would be happy to rent to cellular companies space for their antennae on this tower. The motion to approve the Special Use Permit carried unanimously.

Mr. Miller stated that on November 30, 2000, a judge in the Seventh Circuit Court in the City of Springfield issued a decision in a case entitled, Springfield v. Donald and Henrietta Hashsman and the Village of Chatman. The court case concerned a piece of property located in unincorporated Sangamon County on the east side of Lake Springfield. The lake itself is entirely within the boundaries of the City of Springfield, but large parts of the land around the lake are unincorporated. The owners, Donald and Henrietta Hashman, have repeatedly sought to subdivide their property, and have repeated been denied by the City. Sangamon County is also opposed to the proposed subdivision, which would include residential lots abutting the lake with septic systems on soils which are inappropriate for septic treatment.

The City of Chatham to the southwest of Springfield, located on the west side of the lake, has an aggressive annexation policy which lead it to enter into annexation agreements with properties that are located on the east side of the lake. These properties are not only not contiguous to Chatham, they are separated from the Village boundaries by thousands of feet. The Village of Chatham entered into an annexation agreement with the Hashman’s and asserted its right to exercise its zoning authority and permit the subdivision because of the annexation agreement, even though the property is not annexed and may never be annexed.

Mr. Miller explained that there is a provision of the State Statutes concerning annexation agreements which appears to give municipalities the right to exercise their zoning authority on properties with which they have an annexation agreement. However, the Attorney General issued an opinion in 1998 that said it is not the intent of this law to allow municipalities to exercise zoning until such time as the properties actually are annexed to the city. There was also a court case involving the City of Bloomington and McLean County which held the same to be true; even with

an annexation agreement, municipalities cannot exercise zoning authority until the property is annexed.

However, the judge in the Springfield v. Hashman case found in favor of the Hashman’s and the City of Chatham. The City of Springfield has appealed this decision. Sangamon County has also asked for support from other counties regarding this appeal.

Mr. Miller stated that staff is requesting that the Planning and Regulations Committee consider this issue and forward a recommendation to full County Board to adopt a resolution of support for the City of Springfield and Sangamon County in their appeal of this case. He noted that the precedent set by the decision of the Seventh Circuit Court could allow any municipality to enter into an annexation agreement with properties that are no where never the municipal boundaries, and exercise control over those properties. This could be a very negative situation for planning and development control not only in unincorporated portions of Illinois counties, but also in proximity to cities, since one city could permit development within another city’s planning jurisdiction.

Following discussion, the Committee Members were in full agreement regarding recommending to County Board to forward a resolution supporting the position of the City of Springfield in the appeal.

Mr. Smith moved to adjourn, seconded by Mr. Lyle, and the motion carried unanimously.

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