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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 Ii N i 6529 1/7/85 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 6530 1/7/85 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. 6531 1/7/85 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 6532 1/7/85 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 6533 1/7/85 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