1985-01-07 - Village Board Regular Meeting - Minutes 6528
1/7/85
MINUTES OF A REGULAR MEETING OF THE
VILLAGE BOARD OF THE VILLAGE OF BUFFALO
GROVE, ILLINOIS, HELD IN THE COUNCIL
CHAMBERS, VILLAGE HALL, JANUARY 7, 1985.
President Clayton called the meeting to order at 7:34 P.M. Those CALL TO ORDER
present stood and pledged allegiance to the Flag.
Roll call indicated the following present: President Clayton; ROLL CALL
Trustees Marienthal, Stone, O'Reilly, Hartstein, Glover, and
Reid. Also present were: William Balling, Village Manager;
William Raysa, Village Attorney; James Doyle, Assistant Village
Manager; William Brimm, Finance Director; Gregory Boysen, Director
of Public Works; Raymond Rigsby, Superintendent of Public Works;
Richard Kuenkler, Village Engineer; and Paul Kochendorfer, Village
Treasurer.
Moved by O'Reilly, seconded by Marienthal, to approve the minutes APPROVAL
of the December 17, 1984 Regular Meeting. Upon roll call, Trustees OF MINUTES
voted as follows:
AYES: 5 - Marienthal, Stone, O'Reilly, Hartstein, Glover
NAYES: 0 - None
ABSTAIN: 1 - Reid
Motion declared carried.
Mr. Kochendorfer read Warrant #541. Moved by Marienthal, seconded WARRANT #541
by Reid to approve Warrant #541 in the amount of $680,403.87,
authorizing payment of bills listed. Trustee Stone asked a question
regarding the Warrant which was answered by Mr. Brimm. Upon roll
call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
President Clayton appointed Earl Sabes as Chairman of the Trans- TRANSPORTA-
portation Commission for a term to expire 1-7-86; Mr. Sabes was in TION
the audience, and she thanked him for agreeing to serve in that COMMISSION
capacity. Moved by Hartstein, seconded by O'Reilly, to concur with
President Clayton's appointment. Upon voice vote, the motion was
unanimously declared carried.
President Clayton noted the letter to the Board dated January 7, 1985 GOALS
1985 outlining her goals for 1985.
Trustee Hartstein noted some material which he had distributed HANDGUN
to the Board regarding handgun control. After limited discussion, CONTROL
it was determined that this subject should be taken up during the
New Business portion of the agenda.
Mr. Balling noted that there will be a workshop meeting next week FUTURE
to discuss facilities. AGENDA
President Clayton asked if there were any questions from the QUESTIONS
audience; there were none. FROM THE
AUDIENCE
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President Clayton explained the Consent Agenda, and stated that CONSENT
any member of the audience or the Board could request that an AGENDA
item be removed for full discussion; there were no such requests.
Moved by Stone, seconded by O'Reilly, to approve the Final FINAL
Acceptance of Steeple View Unit No. One, South Phase. The ACCEPTANCE
Village Engineer recommends acceptance of this phase of the (Steeple
subject project. Upon roll call, Trustees voted as follows: View -
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid Unit 1)
NAYES: 0 - None
Motion declared carried.
Moved by Stone, seconded by O'Reilly, to approve the Buffalo B.G.COMMERCE
Grove Commerce Center, Lot 10, Development Improvement Agreement. CENTER -
The Village Engineer recommends approval of this agreement, subject LOT 10
to receipt of an acceptable letter of credit. Upon roll call, (DIA)
Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Stone, seconded by O'Reilly, to approve the Candlewood CANDLEWOOD
Creek East Development Improvement Agreement. Approval of this CREEK EAST
agreement for the subject project is recommended by the Village (DIA)
Engineer. Upon roll call, Trustees voted as follows:
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
After introduction by Mr. Balling, it was moved by Hartstein, ORDINANCE
seconded by Glover, to pass Ordinance #85-1, regarding the #85-1
FY 1985 Appropriations for the Village of Buffalo Grove Golf (Golf Course
Course Fund. Upon roll call, Trustees voted as follows: Appropria-
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid tions)
NAYES: 0 - None
Motion declared carried.
Trustee Hartstein commended Mr. Balling on the excellent job done ORDINANCE
during the past year, and moved to pass Ordinance #85-2 establish- #85-2
ing the annual salary for the Village Manager; Trustee O'Reilly (Village
seconded by motion. Upon roll call, Trustees voted as follows: Manager
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid Salary)
NAYES: 0 - None
Motion declared carried.
Mr. Balling thanked the Board for their consideration. President
Clayton stated that Buffalo Grove is very fortunate to have a person
of Mr. Balling's caliber managing the staff for the Village.
Ms. Susan Mikalauskis of the Indian Trails Library District asked ORDINANCE
that her letter to the Board of January 4, 1985 be made a part of #85-3
tonight's minutes; there was no objection from the Board. Ms. (Library
Lynn Butler of the Vernon Library District referred to her letter Donations)
to the Board and asked that the Board consider these thoughts before
voting on the proposed ordinance. Trustee Stone stated that he
believes that it is a good idea to have developers help pay for
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the expansion of the libraries, and he believes that Buffalo
Grove should continue to require this donation, and encourage
other municipalities to do likewise.
Trustee Hartstein stated that he believes that the concept of
library donations is a valid one, and he believes that if Buffalo
Grove continues to require this donation, perhaps it will be an
impetus for other communities to also require this donation.
Trustee Marienthal stated that the Village of Lincolnshire used
Buffalo Grove's ordinance as a model, and passed a similar
ordinance; he believes that Buffalo Grove should take the
forefront and be proud of setting an example for this type of
ordinance.
Trustee Glover stated that he believes that the concept is good, but
he does not think that the Village should convince other communities
to follow; he believes that the libraries should urge other communities
to adopt such an ordinance.
President Clayton stated that it is unfortunate that other communities
did not join in this donation, and it is also unfortunate that Buffalo
Grove is in competition with these same communities for developments;
she urged passage of the proposed ordinance.
Trustee Hartstein stated that he believes that the benefits outweigh
the disadvantages; he believes this is a very useful tool which can
enhance the libraries that are serving our community.
Trustee Reid stated that he believes the passage of the original library
donation ordinance was a noble effort, but it has not caught on, and he
urges support of the proposed ordinance.
Trustee O'Reilly stated that she also believes that this was a good
effort, but she looked at it as a trial, and she does not think that
the trial has worked out. Trustee O'Reilly also supports the pro-
posed ordinance, but stated that she understands the needs of the
districts and believes that the Village will continue to support
their needs.
Moved by O'Reilly, seconded by Reid, to pass Ordinance #85-3,
amending Title 19 of the Buffalo Grove Municipal Code. Trustee
Marienthal stated that the Village continues to require school and
park donations, even though other communities do not require those
same donations. Trustee Marienthal also asked Board members to
consider the quality of life in the Village of Buffalo Grove.
Upon roll call, Trustees voted as follows:
AYES: 4 - O'Reilly, Glover, Reid, President Clayton
NAYES: 3 - Marienthal, Stone, Hartstein
Motion declared carried.
Trustee O'Reilly asked Mr. Balling to meet with the districts and
inform them of what monies are available. Mr. Balling explained
when the ordinance will go into effect, and stated the amount of
money which is presently due each district.
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Mr. Boysen reviewed his memo to Mr. Balling of January 2, 1985 1985 MFT
regarding the 1985 MFT material bid letting. Moved by Hartstein, MATERIALS
seconded by Glover, to approve the award of bid for the 1985 MFT (Award of
Materials. Upon roll call, Trustees voted as follows: Bid)
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
Motion declared carried.
Moved by Hartstein, seconded by O'Reilly, to authorize bidding VILLAGEWIDE
for the 1985 Villagewide Contractual Street Maintenance Program. CONTRACTUAL
Upon roll call, Trustees voted as follows: STREET
AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid MAINTENANCE
NAYES: 0 - None
Motion declared carried.
Trustee Hartstein discussed the booklet he distributed to the HANDGUN
Board this evening regarding handgun control issues and alternatives; CONTROL
he urged the Board to review this booklet before any final vote is
taken on the issue. Trustee Hartstein would like Board input
tonight on the three key concepts, i.e."
1. Sale
2. Restrict possession other than the home and/or place of business,
3. Increasing criminal penalties for use of a handgun.
Also to be discussed would be the issue of a referendum.
Trustee Stone responded to Trustee Hartstein, stating that he
agrees with increasing the criminal penalties, not only for
handguns, but for any type of weapon, and he supports stronger
penalties for first offenders. With regard to possession, Trustee
Stone stated that he believes that there are already laws which
prohibit persons from transporting guns. Trustee Stone does not
believe that the sale of guns and ammunition applies, because he
does not believe that people who use guns to commit crimes get
them through stores, register them, etc.
Trustee O'Reilly stated that she agrees with some of the points
made by Trustee Stone, and heartily supports most aspects of this
proposal. Trustee O'Reilly also strongly supports stronger criminal
penalties, but she does disagree with the referendum regarding Congress
and the State Legislature formulating and enacting comprehensive
legislation which restricts the sale, use and possession of handguns.
Trustee O'Reilly's emphasis would be towards wording in such a way to
call for a statewide Blue Ribbon study to create some kind of compre-
hensive legislation; she believes that all aspects must be brought
together so that it works not only for Illinois, but for other states
also. Trustee O'Reilly believes that this is a good start and that the
Board should pursue the ordinance, but especially pursue the referendum.
Trustee Marienthal is basically in agreement with this proposal, and he
would endorse having a referendum, and he would like to see the subject
considered as a regular agenda item on January 21, 1985.
Trustee Glover does not believe that banning the sale of handguns and
ammunition is a deterrent to crime; with regard to restricting possession
of handguns, he also does not see this as a deterrent to crime; he does
not believe that stronger criminal penalties would deter crime in
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Buffalo Grove; with regard to a referendum, he does not believe that
this Board is the best way to serve special interest groups; he does
not believe that the Village should possibly have to defend its decisions
in a court of law with regard to special interest groups.
Trustee Reid stated that he has a problem with advisory referenda,
because he believes that, if you ask for public opinion, you are
obliged to follow through on the results of that opinion.
Trustee Hartstein stated that he believes that an advisory referendum
can be a valuable resource to the Board. Trustee O'Reilly also stated
that she believes that advisory referenda can be very valuable to the
Board in getting input from the community.
President Clayton stated that she does not believe in all types of
advisory referenda, but, in this particular case, she would like
to know the thoughts of the citizens.
Trustee Marienthal stated that he would like to have the Village
Attorney research laws that are in place by the State of Illinois
regarding items B. and C. in Trustee Hartstein's memo.
Trustee O'Reilly asked Mr. Raysa if he would have adequate time to
prepare necessary items in time for the January 31, 1985 submission
deadline; Mr. Raysa stated that he would have time to prepare what
is necessary.
President Clayton declared a recess from 9:11 P.M. until 9:21 P.M. RECESS
Mr. Robert Pinzur stated that he believes that the judges take
public opinion into consideration, and he, therefore, believes
that an advisory referendum would be beneficial.
Mr. Dan Kafcas also urged the Board to favorably consider the
proposed ordinance.
President Clayton polled the Board: "Yes" indicates favor of considering
continuation of this discussion as an agenda item on January 21, 1985;
"No" indicates opposition:
YES: Marienthal, O'Reilly, Hartstein, President Clayton
NO: Stone, Glover, Reid
President Clayton polled the Board: "Yes" indicates favor of
prohibiting the sale of handguns and ammunition; "No" indicates
opposition:
YES: Marienthal, O'Reilly, Hartstein
�•/ NO: Stone, Glover, Reid, President Clayton*
*She does not believe that it accomplishes anything when someone
is able to walk to the next town and buy handguns and ammunition.
President Clayton polled the Board: "Yes" would indicate favor of
restricting possession of handguns; "No" would indicate opposition:
YES: Marienthal, O'Reilly, Hartstein
NO: Stone, Glover, Reid, President Clayton
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President Clayton polled the Board: "Yes" indicates favor of
stronger criminal penalties; "No" indicates opposition:
YES: Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NO: None
President Clayton polled the Board: "Yes" indicates favor of a
referendum which would be local and based on whatever was not
included in the ordinance, wording to be determined by the
Village Attorney; "No" indicates opposition:
\../ YES: Marienthal, O'Reilly, Hartstein, President Clayton
NO: Stone, Glover, Reid
President Clayton polled the Board: "Yes" indicates favor of a
referendum question with regard to the federal and state govern-
ments for the formulation and implementation and passage of some
legislation with regard to handgun control; "No" indicates
opposition:
YES: Marienthal, O'Reilly, Hartstein, President Clayton
NO: Stone, Glover, Reid
President Clayton stated that his subject will be on the January 21,
1985 agenda. There was then discussion with regard to reconsideration
on the resolution for referendum with regard to the merit selection
of judges.
Moved by O'Reilly, seconded by Marienthal, to reconsider the judicial
referendum. Upon voice vote, Trustees voted as follows:
AYES: 4 - Marienthal, Stone, O'Reilly, Glover
NAYES: 1 - Hartstein
PASS: 1 - Reid
Motion declared carried.
Moved by O'Reilly, seconded by Marienthal, to table. Upon voice
vote, the motion was unanimously declared carried.
Moved by Stone, seconded by Reid, to adjourn the meeting. Upon ADJOURNMENT
voice vote, the motion was unanimously declared carried. The
meeting was adjourned at 9:55 P.M.
grriAl 1-n . &=
Janet Sirabian, Village Clerk
APPROVED BY ME THIS aj57 DAY OF
, 1985.
Village President &."4.7114.'"----.'
Indian Trails Public Library District
355 SOUTH SCHOENBECK ROAD • WHEELING, ILL. 60090
January 4, 1985
Board of Trustees
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois
Dear Trustees:
RE: Title 19, Buffalo Grove Village Code
Repeal of Library District Donation Requirements
This letter is in response to the proposed action of the Village Board to
rescind that portion of Title 19 which requires developers to make cash
donations to the library district.
The object of the ordinance, as we understand it, is to help maintain the
stability of the library collections, at no cost to current residents, by
requiring cash contributions from developers of new areas as new residents
move in. Indian Trails made its first withdrawal of $22,796,from the fund
set up by the ordinance, in October, 1983. A second request for $28,500,
as yet unanswered due to a moratorium on disbursements, was made in Oct-
ober, 1984. Cash contributions from this ordinance have been used to pro-
vide additional copies of both new and older books in high demand and for
in-depth purchasing in heavily used subject areas in the collections. In
all , about 1,900 volumes were added to the library' s collections, using
the 1983 monies. With the size of the book collection growing in one year
(from 1983 to 1984) by 9.95% (from 120,545 to 132,545) , the number of reg-
istered borrowers increasing by 19% (from 19,478 to 23,197) , and circulation
growing by 7.26% (from 400,876 to 430,015) , it may be observed that the
added volumes helped to serve a growing borrower population.
On Monday, January 7, 1985, the Village Trustees will consider rescinding
the library portion of the Developer's Donation Ordinance. The school and
park portions will remain unchanged. Village trustees have expressed a
concern that "the libraries serve a multitude of communities. " This is
true, since both Indian Trails and Vernon Area are library districts. This
was true when we were added to the ordinance. It is equally true that it
is by pooling the resources of the various communities which we serve that
we can provide all that we have. Nor should it be forgotten that cooper-
ative resource sharing is a long and deep tradition in libraries, not only
between neighboring communities , but state and nation-wide. Without this
-2-
tradition local libraries could never hope to serve their populations
as well as they do.
The issue seems to have arisen because Wheeling annexed the Arlington
Golf Course. Wheeling does not have a donation ordinance. Wheeling
has been approached on the topic but, since most new annexation in the
past few years has been zoned for industry, and industry has tradition-
ally been excluded from such ordinances, there seemed to be no point in
pursuing the matter. Industry does not usually create an influx of new
residents, but it does pay higher taxes than residential areas; some of
these taxes go to support the library. Historically it should be remem-
bered that the library district was established shortly before Buffalo
Grove was incorporated. Until the late seventies, Wheeling's population
exceeded Buffalo Grove' s. Wheeling was also fortunate in attracting
light industry and business. The library's early start-up and develop-
mental years were, in all probability, largely paid for by Wheeling
residents and business. A large part of the library' s continuing support
still comes from industry; almost all of it located in Wheeling. Judging
from recent data from the U. S. Census Bureau, which shows a median popul-
ation density per unit of 2. 27 in Wheeling and 3.13 in Buffalo Grove, it
could be surmised that Wheeling is still paying a disproportionate "share"
for library support.
Buffalo Grove should be very proud to have been an innovator in providing
these funds for libraries. There were very few towns and villages in the
state which did so before them. To withdraw from their stance now would
seem to send a signal to other municipalities that including libraries in
their Developer's Donation Ordinance was ill-considered and of no value to
their residents. As the ordinance now stands it informs developers that
the Village is proud of its library and other public services; a message
that developers can use as a strong selling point to would-be buyers with
young families. The funds provided by the ordinance have benefited Buffalo
Grove residents to the tune of 1,900 additional volumes in the library col-
lection. When 1984 funds are released they could buy another 2,300 volumes.
If residents of other communities have also benefited then Buffalo Grove can
be thanked for the leadership and foresight to initiate a cooperative effort
rather than an isolationist movement. We urge the Village Board of Trustees
to carefully consider this question and not to rescind the libraries' elig-
ibility for Developer' s Funds.
Sincerely,
Susan Mikalauskis
President, Board of Trustees
Indian Trails Public Library
District
VERNON AREA
Public Library
23184 NOR1H INDIAN CREEK ROAD
PRAIRIE VIEW ILLINOIS 60069
PHONE: (312)634-3650
January 4, 1985
Board of Trustees
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, Ill . 60090
Re: Title 19
Dear Trustees:
We are writing to you in response to your recent discussion
to amend the Buffalo Grove ordinance regarding developer donations to
libraries.
The Vernon Area Public Library District was very pleased when
the Village of Buffalo Grove took the initiative to include libraries
in developer donations. Other villages have followed; Lincolnshire
passed a similar ordinance and Libertyville is considering one. We have
appreciated the recognition of the Village of Buffalo Grove that
libraries are a vital part of any community: that tax supported libraries
provide access to information which is a necessity in a democratic
society. Indeed, Buffalo Grove is fortunate to be served by two libraries
with varied resources.
The Board of Trustees of the Vernon Library believes that the
principal of Title 19 is a sound one: that developer's contribute funds
for library service to residents until the residents themselves support
the service. This aids the library and at the same time is a benefit
for the developer in that library service in a community is an attraction
to prospective buyers.
As much as possible libraries are purchasing materials,
staffing hours, buying equipment and providing expertise to meet demand.
When large areas are developed an increased service demand is evident.
The Buffalo Grove Title 19 ordinance helps us meet this demand. For
example, the Vernon Library bookmobile has four stops in Buffalo Grove.
A fifth is being added this summer because of new developments. As new
areas are built up and occupied we review service and increase hours or
stops as appropriate and possible within the budget. We recently contacted
Mr. Balling about withdrawing some funds to purchase materials for the
bookmobile because of the heavy use in the Buffalo Grove area.
Board of Trustees
Village of Buffalo Grove -2-
January 4, 1985
As you know, there is a substantial amount of undeveloped
land within the Vernon Area Public Library District. We are always
happy to serve new areas and will continue to do so within the limits
of our budget. We hope the Village will retain developer donations to
aid us in meeting these service commitments.
Very truly yours,
VERNON AREA PUBLIC LIBRARY
rtot
6A-)
Lynne Butler, Librarian, for
Betty Stover, President, Board
of Trustees , Vernon Area Public
Library