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1994-02-14 - Village Board Special Meeting - Minutes 9443 2/14/94 MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS HELD IN COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, FEBRUARY 14, 1994 CALL TO ORDER President Mathias called the meeting to order at 7:30 P.M. Those present stood and pledged allegiance to the Flag. �•/ ROLL CALL Roll call indicated the following present: President Mathias, Trustees Marienthal, Reid, Kahn, Rubin, Braiman. Trustee Hendricks arrived at 7:45 p.m. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; Lee Szymborski, Assistant Village Manager; William Brimm, Finance Director; Phil Versten Administrative Assistant; Raymond Rigsby, Superintendent of Public Works; Robert Pfeil, Village Planner; Frank Hruby, Director of Building & Zoning; Fire Chief Allenspach; Police Chief McCann; and Joseph Tenerelli, Village Treasurer. APPROVAL OF MINUTES Moved by Kahn seconded by Reid, to approve the minutes of the January 31, 1994 Committee of the Whole. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYES: 0 - None ABSENT: 1 - Hendricks Motion declared carried. Moved by Kahn seconded by Reid, to approve the minutes of the February 7, 1994 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYES: 0 - None ABSENT: 1 - Hendricks Motion declared carried. WARRANT #760 Mr. Tenerelli read Warrant #760. Moved by Braiman, seconded by Reid, to approve Warrant #760 in the amount of $601,071.59, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, Reid, Kahn, Rubin, Braiman NAYES: 0 - None ABSENT: 1 - Hendricks Motion declared carried. SNOW REMOVAL Trustee Marienthal complimented Ray Rigsby and his staff great job of snow removal done over the weekend. CABLE TV FRANCHISE Trustee Reid informed the audience that on February 15 at 7:30 P.M. there will be a Public Hearing to discuss the renewal of the cable TV franchise. Any public comment will be heard at that time. 9444 2/14/94 STREET SALT SUPPLY Trustee Braiman inquired as to the amount of salt available for use on the streets. Mr. Balling reported that supplies have been replenished, and that the Village has an ample supply of salt. FINANCE COMMITTEE METING Mr. Balling announced that the Finance Committee will meet on February 16, 1994 at 8:30 A.M. in the Village Managers Conference Room. MANAGEMENT REPORT Mr. Balling noted the submittal of the Management Report. Trustee Marienthal requested that the Management Report be tabled until the March 7, 1994 meeting to allow time for the Trustees to review the report. QUESTIONS FROM THE AUDIENCE President Mathias asked if there were any questions from the audience; there were none. CONSENT AGENDA There was no Consent Agenda for tonight's meeting. RESOLUTION #94-7, 1994 Official Zoning Map Moved by Marienthal, seconded by Reid, to adopt the 1994 Official Zoning Map for the Village of Buffalo Grove. Upon roll call, Trustees voted as follows: AYES: 5 -Marienthal, Reid, Kahn, Rubin, Braiman NAYES: 0 - None ABSENT: 1 - Hendricks Motion declared carried. Copies of the 1994 Zoning Map are available in the Village clerk's office. Trustee Hendricks arrived at this time. AWARD OF BID - Police Cruisers President Mathias read the bid for the purchase of nine (9) Ford Crown Victorias eight to be used in the Police Department, one to be used in the Fire Department. Moved by Reid, seconded Braiman to Award the Bid to Anderson Brothers Ford, Berwyn, IL (NWMC Suburban Purchasing Coop. ) to purchase nine (9) Ford Crown Victorias, in an amount not to exceed $124,794. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. TOWN & COUNTRY HOMES - Plan Referral Jim Truesdell, Vice President of Land Development for Town & Country Homes made a presentation to the Board, details of which are contained in Mr. Pfeil's memo to Mr. Balling of February 10, 1994. Town & Country Homes is requesting annexation, zoning and preliminary plan approval for approximately 128 acres south of Route 22 and east of Prairie Road. 9445 2/14/94 President Mathias asked Village Attorney William Raysa if this is done pursuant to court proceeding. Mr. Raysa replied that Judge Franks issued an order pursuant to a court controlled petition filed in Lake County Court. He found the petition met all the requirements of a court controlled annexation statute and referred the issue to the Corporate Authorities of the Village of Buffalo Grove. Elliott Hartstein, 908 Providence Lane, and member of Stevenson H.S. Board of Education would like to go on record as expressing concern about the density of the project. He would like information forwarded to all affected school districts on this project. Edward Rosen, attorney for Edgar Anstett resident of the area to be annexed informed the Board that Mr. Anstett objects to the annexation and he will fight the annexation if he has the opportunity. Georg Sperber, 22539 Prairie Road, owner of property not in the area to be annexed, objects to the annexation. Mr. Raysa noted that the petitioners were owners of land not the Village of Buffalo Grove. The Corporate Authorities were given a court order to consider the petition. The meeting tonight is to refer to petition to the Plan Commission. Moved by Kahn, seconded by Braiman to refer the Town and Country Homes Development to the Plan Commission. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. MILBRO PROPERTIES - Plan Commission Referral Edward Yalowitz, attorney for the petitioner made a presentation to the Board, details of which can be found in Mr. Pfeil's memo to Mr. Balling of February 10, 1994. The petitioner is requesting annexation into the Village in the Industrial Zone. Moved by Marienthal, seconded by Kahn, to refer the Milbro Properties to the Plan Commission. Upon roll call, Trustees voted as follows: AYES: 6 - Marienthal, Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None Motion declared carried. EMMERICH PARK - Ballfield Lighting Trustee Braiman introduced the subject. The Park District appeared before the Appearance Commission requesting replacement of lights at the north and south fields and was granted a recommendation. They were requested to bring to the Board surveys indicating what the photometrics at the property lines would be as well as what the current photometrics are for the property. The current photometrics will not be available in the near future, one reason being that there are several broken lights that would have to be replaced in order to get an accurate comparison. This would be an added expense just for the test. There will be no additional lights on the ballfields. Trustee Braiman answered a question from Trustee Reid. In order to get the lights functioning by spring, it is necessary to bring the request before the Board now. Trustee Reid would like to see the evidence before he gives the approval. Trustee Kahn stated that it is a good opportunity for the Park District to 9446 2/14/94 showcase the new lights at a great expense to themselves, showing that they are expecting to show a vast improvement over the present lighting. Trustee Braiman asked Mr. Ballingif it is necessaryfor the Park District to come to the Board for approval. Mr. Balling stated that the Park District has submitted these matters to the Board as other commercial developers would be required to do. The new fixtures represent higher technology and require a reduction in the number of fixtures. Trustee Hendricks moved to table the discussion until the Park District could make a proper presentation; seconded by Reid. President Mathias polled the Board. "YES" indicates to table the discussion; "NO" indicates to proceed. YES: Marienthal, Reid, Hendricks NO: Kahn, Rubin, Braiman, President Mathias Trustee Marienthal believes a letter should be received from the Park District stating that if the new lights cause a bigger problem than already exists, that the lights would be removed. President Mathias polled the Board. "YES" indicates the Park District should write a letter as a condition of the approval; "NO" indicates a letter would not be a condition of approval. President Mathias asked if anyone who voted "NO" on the motion to table, wished to change their vote. No one wished to change. Moved by Braiman, seconded by Kahn, to approve the Appearance Commission approval for the Emmerich Ballfields lighting. Upon roll call, Trustees voted as follows: AYES: 4 - Kahn, Rubin, Braiman, President Mathias NAYES: 3 - Marienthal, Reid, Hendricks Motion declared carried. Trustee Marienthal requested that the Park District give the Board the study on the existing lights. Trustee Reid hopes that in the future all the facts on a subject be given to the Board in advance, allowing the Board to make an informed decision. President Mathias stated that if the results were available before the next meeting and showed an adverse result that a Trustee could change their vote. DISCUSSION ON GUN CONTROL DRAFT ORDINANCE Trustee Braiman introduced the subject, details of which can be found in Mr. Balling's memo to the Board of February 10, 1994. The issue was brought up last fall when the Village received information from the ATF including the number of fire arms license holders in the Village. Some of these license holders violated guidelines regulating sale of items in a home occupation. The Board was polled regarding various gun control issues which gave direction to Staff to prepare an ordinance. The discussion tonight will determine position on possession of various types of firearms, sale of weapons and constitutionality of actions. Mr. Raysa gave a brief history of the ordinance, using the Village of Morton Grove gun control ordinance as a guideline which banned the possession of all hand guns. That ordinance was challenged in the Federal District Court and in the Court of Appeals and upheld. It was taken to the Illinois Supreme Court where it was again upheld as a valid exercise of its Homerule powers. He then 9447 2/14/94 summarized other court decisions on gun control, and background information found in the Board packet. He then reviewed the draft ordinance. Mr. Nicholas Scouffas, Chicago area Supervisor for the U.S. Treasury Department, Bureau of Alcohol, Tobacco and Firearms, Compliance Operations described the licensing procedures, reviewed the application which includes fingerprints and a criminal check and if necessary a personal visit to the applicant. A Federal license cannot be denied even if the local ordinances would prohibit it. A list of all who attended and those who wished to speak on this issue is available in the Village Clerk's Office. The following is a brief summary of residents who spoke on the proposed ordinance. Robert Brown, 15 Whitehall Ct. , is a competitive pistol and rifle shooter. To ban semiautomatic weapons would destroy his chances to compete. This ordinance would require him to store his weapon and ammunition at a different location which would be an inconvenience. He feels the Village does not have the crime rate which would require this ordinance. James Duncan, 741 Woodhollow, feels the ordinance is not necessary because there is no gun crime in town and would burden the law abiding citizens. This would violate his constitutional rights. Tom Eisenberg, 1213 Franklin Lane, is an AFL owner and gun seller since 1983. He handed out a Public Safety & Recreational Firearms Use Protection Act authored by U.S. Senator Diane Feinstein written with the help of U.S. Attorney Janet Reno. He suggested that the Village Board pass a resolution backing this national effort instead of the local ordinance. Jim Goldman, 923 Greenridge, who may decide to keep his gun even if it is to be handed in and has to decide what to do if someone does break into his home. The residents have elected the Village Board to represent the residents. The Board is attempting to do something that the residents have not asked them to do. Trustee Rubin reminded the audience that this is a workshop with one purpose which is to get information. Steve Wernikuff, 810 Kingsbridge Way, feels that removing weapons from the citizens would open up the Village to increased crime. Criminals could see Buffalo Grove as a place where certain types of weapons are not present and may choose to act. Elliott Hartstein, 908 Providence Lane, applauded Trustee Braiman for introducing this meaningful proposal. Each Village has a right to pass an ordinance. He urged petitioning the Federal Government to prohibit issuance of a firearm permits if they are contrary to State or local law. Robert Sherman, Box 7410, Buffalo Grove, applauded the Village Board for doing an outstanding job. He stated that the Village has no problem with semiautomatic weapons, and feels that there would be more of a problem with the ordinance than without. He urged the Board to consider four alternatives backed by the National Civil Rights Organization: certified education; require semiautomatic weapons �..i not be chambered; in homes with children require a pull force in order to chamber a bullet; require semiautomatic use glazer bullets which stop when it hits an object. He further suggested that if a person is the subject of a death threat or a stalker, that that person be given a waiver. Steven Saul, 843 Saratoga Lane, says Illinois is a leader in regulating firearms. He is concerned by the definition of "semiautomatic" . Fully automatic weapons are already regulated by the National Firearms Act of 1934 and in 1986, the manufacturing of fully automatic weapons was banned by President Reagan. He feels addressing the fully automatic weapon in the local ordinance is not needed. 9448 2/14/94 Al Seyler, 401 Caren Drive is a hunter and owns guns inherited from his grandfather which he does not want to give them up as is required in the ordinance. Stan Nathanson, 520 Longwood, is an Illinois National Guard veteran who says he has the right to bear arms. Andy Litkowiak, 330 Dogwood, is a firearms owner. He feels that passage of this ordinance will make commercial activity illegal in Buffalo Grove which is legal `./ under State and Federal laws. He disputed several points found in the ordinance. Kathi Seyler, 401 Caren Drive, has been educated and is no longer afraid of guns. The criminals should be sent a message by making it a mandatory life sentence with no parole for crimes committed with any weapon. Mark Spivak, 897 Shambliss, member of Board of Education of School District 96, noted a resolution passed by the school board requesting governmental agencies to take action with regard to gun control. He is afraid of the random shootings and feels guns are a problem. Trustee Rubin called the Board's attention to a letters he had received from Jon Jerome and 11 year old Saul Showman. An anonymous police officer stated criminals always will have guns and they can't all be taken away. Police cannot always protect individuals; individuals must protect themselves. Trustee Kahn felt the discussion brought up more questions he needs to ask staff and himself in order to make a correct decision. Trustee Reid was happy to see that the audience was made up primarily of Buffalo Grove residents which was not the way it was in 1985. He also wants to do some studying before he makes a decision. Trustee Rubin thinks the purpose of the meeting was to get information and then to give direction. Trustee Marienthal feels the Board still has to determine the purpose of the ordinance. If it was a serious issue it would be coming from the police and the residents. Trustee Braiman stated that the primary purpose of the workshop was to obtain a basic understanding. He does not want a gun control ordinance passed after the fact. The final ordinance will be a good one based on compromise. Trustee Hendricks thanked the residents for insights he had not foreseen. President Mathias polled the Board. "YES" indicates that the Board should proceed with an action. "NO" indicates that the matter should be dropped. YES: Reid*, Kahn, Rubin**, Braiman NO: Marienthal***, Hendricks * He is not in favor of more discussion, but would consider a new ordinance. ** He would not consider a new ordinance, but would consider a workshop or polling. *** He does not want to proceed with the current ordinance. Trustee Kahn suggested that the Board respond to the Village Manager at a later date and determine a date for further discussion. Trustee Reid requested more specific information from the NWMC. 9449 2/14/94 Trustee Rubin suggested a polling to break down the subject in different areas in order to give Staff direction. President Mathias would like input from the residents, perhaps in the form of a referendum or a survey in the Village Newsletter. ADJOURNMENT Moved by Reid, seconded by Kahn, to adjourn the meeting. Upon voice vote the meeting was unanimously declared carried. The meeting was adjourned at 11:55 P.M. e L. Olson, Deputy Village Clerk APPROVED BY ME THIS DAY OF II __ , 1994. 4041.F4._/4111 2#7""IFIP- aw- illa• � �'i•=nt