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1985-01-21 - Village Board Regular Meeting - Minutes 6534 1/21/85 MINUTES OF A REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, JANUARY 21, 1985. President Clayton called the meeting to order at 7:31 P.M. CALL TO ORDER Those present stood and pledged allegiance to the Flag. Roll call indicated the following present: President Clayton, ROLL CALL Trustees O'Reilly, Hartstein, Glover, and Reid. Trustee Marienthal arrived at 7:39 P.M. Trustee Stone was absent. Also present were: William Balling, Village Manager; William Raysa, Village Attorney; James Doyle, Assistant Village Manager; William Brimm, Finance Director; Richard Kuenkler, Village Engineer; James Truesdell, Village Planner; and Police Chief McCann. Trustee O'Reilly moved to table the ordinance regarding the HANDGUN CONTROL sale and possession of handguns and handgun ammunition, but to retain the discussion and voting on the referendum items. Trustee Reid seconded the motion. Upon voice vote, the motion was unanimously declared carried. Trustee Reid stated that he believes that the entire discussion should be postponed until the entire Board has the opportunity to hear from the community. Trustee Hartstein disagreed with Trustee Reid because there was lengthy discussion on the subject at the last Regular Meeting, and there appeared to be general support on seeking the input of the community. Trustee Reid stated that he does not believe the Board is in a position to authorize a referendum because the issues that would be involved in an ordinance have not been discussed. Trustee Reid stated that he has an aversion to advisory referenda because he believes that, once the question is asked, the Board has an obligation to follow the direction of the citizens. Trustee Glover agrees with Trustee Hartstein that there should be public input, and he also agrees with Trustee Reid that the question should not be put to the voters without further public input. Trustee Glover believes that the wording of an advisory referendum is extremely important, and the Board still has not agreed on wording for same; he believes that, if an advisory referendum is the choice of the Board, it would only be better if the time is spent to get the public input, and make sure that it is worded properly, and directed toward a specific ordinance on controlling handguns. 6535 1/21/85 Trustee O'Reilly stated that there are several possibilities for a referendum, and because of the time constraints, every effort should be made to get the referendum on the ballot if that is the desire of the Board. Trustee O'Reilly believes that the Board should get the input of the community tonight and see if the wording can be agreed upon, and if not, then the question should not be put on the ballot. Trustee Hartstein pointed out that the election of Trustees is uncontested, and, therefore, the issue of handgun control could be thoroughly communicated to the voters, without having it become a political issue. Trustee Marienthal arrived at this time. Moved by Reid, seconded by Glover, to table the ordinances with regard to submission of advisory referenda questions since Trustee Stone is not present. Upon roll call, Trustees voted as follows: AYES: 2 - Glover, Reid NAYES: 3 - Marienthal, O'Reilly, Hartstein Motion defeated. President Clayton stated that the item will be taken up at the regular place on the agenda. Moved by O'Reilly, seconded by Reid, to approve the minutes of APPROVAL OF the January 7, 1985 Regular Meeting. Upon roll call, Trustees MINUTES voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. Mr. Kochendorfer read Warrant #542. Moved by O'Reilly, WARRANT #542 seconded by Hartstein, to approve Warrant #542 in the amount of $598,251.13, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. President Clayton appointed the following people to the 1985 BUFFALO GROVE Buffalo Grove Days Committee: Al Preusker, Chairman; John DAYS - 1985 Walker, Mitchell Turoff, Mary Kowieski, Dennis Preusker, Cheryl Winstead, Dana Knaak, and Louis Paolillo. Moved by Reid, seconded by Marienthal, to concur with President Clayton's appointments. Upon voice vote, the motion was unanimously declared carried. Trustee O'Reilly noted a letter she had distributed from IRS REGULATIONS Congressman John Porter regarding IRS regulations with respect to cars. Trustee O'Reilly had believed that this was a dead issue, but Congressman Porter's letter leads her to believe 6536 1/21/85 that it is not a dead issue; therefore, in consideration of what it will do to the Village staff as far as regulations, she would like the Village to send a letter to Congressman Porter opposing these regulations, and also to let the Lake County Municipal League and the Northwest Municipal Conference know that it might be very timely to voice some opposition to these regulations. Trustee Hartstein stated that he thinks it might be premature to go on record as opposing these regulations, when we do not know exactly what we are opposing. Trustee O'Reilly does not think that staff has to make a full study on all of it; she believes the term "cumbersome" is the operative word; she thinks that the Village should voice an opinion that these regulations are costly to the Village prior to the February 6, 1985 deadline. Trustee Hartstein would like more information on what the Village would be opposing. Trustee O'Reilly suggested that the Village President and the Village Manager could use their discretion to voice an opinion on behalf of the Village. President Clayton asked Mr. Balling to draft a letter on the issue, with a copy to the Board. Mr. Balling noted the submission of the Management Report MANAGEMENT for December, 1984; there were no questions on same. REPORT Mr. Balling noted that the Village is in the process of BUFFALO GROVE acquiring additional right-of-way on Buffalo Grove Road ROAD north of Lake-Cook Road. The Village has gone to trial on one of four parcels, and have reached a jury decision on the first parcel, which is parcel #4. Based on that decision by the jury, the Village was able to negotiate a settlement on parcel #1. Parcel #1 was appraised at $3,000, and the owners contested a $15,000 value on the property; the Village was able to settle for $6,000. It required four days in court to try parcel #4, and it is anticipated that it would take that long to try parcel #1; therefore, it would be more economical to the Village to settle for the $6,000 fee, based on the costs which would be incurred in court. In order to settle, following the procedures of the FAUS, it would be necessary for the Village Board to accept a settle- ment on parcel #1 in connection with the condemnation of the Buffalo Grove Road Lake County project, in the amount of $6,000. If the Board would consider approval of that this evening, staff could move ahead with the remaining two parcels. It is likely that parcel #2 would have to be tried because of a substantial difference between the Village and the owner of the parcel as to the value of the land. 6537 1/21/85 Moved by O'Reilly, seconded by Reid, to approve the settlement of $6,000 for parcel #1 with regard to the Lake County portion of Buffalo Grove Road. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. Mr. Raysa stated that he did not have any problem with the motion, even though it was not on the agenda. Mr. Balling gave the Board an update on the Knuth parcel. KNUTH PARCEL There is not a firm commitment by the developer and/or owner at the time; however, the Village has received a request from Marc Schwartz, attorney for the developer, requesting an extension of 60 days to secure a commitment of the property. Trustee O'Reilly stated that holding it out for another 60 days could be a detriment to anyone else coming in. Trustee Marienthal agrees with Trustee O'Reilly, and stated that the Village cannot extend on a non-executed contract. Trustee Hartstein stated that he is concerned about jeopardizing the project, and thinks that the Village should do all within its power to see this project move. Trustee Hartstein suggested granting this extension, subject to an "out" in the event some- thing else presents itself. Mr. Raysa stated that the tool that the Village would have would be granting the extension, giving them 30 days to close on the deal; if that did not occur, the application would not go through. Moved by Hartstein, seconded by Glover, to grant the extension as requested by the developer on the Knuth parcel until March 31, 1985. Upon roll call, Trustees voted as follows: AYES: 3 - Hartstein, Glover, Reid NAYES: 2 - Marienthal, O'Reilly ABSENT: 1 - Stone Motion declared carried. President Clayton asked if there were any questions from the QUESTIONS FROM audience; there were none. THE AUDIENCE President Clayton explained the Consent Agenda, and stated CONSENT AGENDA that any member of the audience or the Board could request that an item be removed for full discussion; there were no such requests. Moved by Hartstein, seconded by O'Reilly, to pass Resolution RESOLUTION #85-1, a resolution approving an Agreement Concerning the #85-1 Multi-purpose use of the Buffalo Grove Reservoir and Pump- (Well #7) house number Seven Site and Facilities. This resolution approves a contract which authorizes recreational use of 6538 1/21/85 the reservoir site and facilities by the Buffalo Grove Park District subject to permits and conditions issued by the Village. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. ` Moved by Hartstein, seconded by O'Reilly, to accept the FINAL ACCEPTANCE . Final Acceptance for Green Knolls South. Final acceptance of (Green Knolls P P the subject project is recommended subject to the terms of South) the Agreement of Understanding which substitutes funds remaining from the bond proceeds as the maintenance bond. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. Moved by Hartstein, seconded by O'Reilly, to authorize execution CABLE TV of the Instrument of Conveyance for Cable Television System. Ordinance #84-60 required evidence of the transfer of the cable television system to be filed with the Village. The Instrument of Assignment and Assumption should be executed as a matter of form by the Village President. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. Moved by Hartstein, seconded by O'Reilly, to accept the CABLE TV Cable Television Franchise Financial Sureties. Article IV (Financial of the Cable Communications Ordinance requires formal acceptance Sureties) of liability insurance coverage and franchise bond by the Village Board. These items have been reviewed and their acceptance is recommended. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. Moved by Hartstein, seconded by O'Reilly, to refer the PLAN COMMISSION Johnson Property East (Trammell Crow) to the Plan Commission. REFERRAL Upon roll call, Trustees voted as follows: (Johnson - v AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid Trammell Crow) NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. 1 6539 1/21/85 Moved by Hartstein, seconded by O'Reilly, to approve the OLD FARM Appearance Commission recommendation for Old Farm Village, VILLAGE temporary sales office, revised architecture, lighting/ (aesthetics) landscaping, sales office/model area. The Appearance Commission recommends approval of these aesthetic elements of the subject project. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. Moved by Hartstein, seconded by O'Reilly, to approve the WES-TECH, INC. Appearance Commission recommendation reference Wes-Tech, Inc. (aesthetics) trash enclosure. The Appearance Commission recommends approval of this aesthetic element of the subject project. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. Mr. Balling reviewed the proposed resolution. Moved by RESOLUTION Marienthal, seconded by Reid, to pass Resolution #85-2, #85-2 approving an agreement for the construction of a sanitary (Highland Point sewer along future Fabish Drive and Newtown Drive in the Sanitary Sewer; Highlands Subdivisions. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. Mr. Balling reviewed the proposed ordinance, stating that ORDINANCE changes have been made to capture all concerns raised by the #85-4 Board. Moved by Reid, seconded by Glover, to pass Ordinance (Chatham Manor #85-4, approving a First Amendment to Annexation Agreement Unit 3) and directing execution thereof by the President and Clerk of the Village of Buffalo Grove. Trustee O'Reilly stated that she believes that a time limit should be put on the Village's efforts to secure participation from the state for the traffic signal. Mr. Balling stated that three to six months would be reasonable, at which time, if there was not state participation, the signal would become a developer expense exclusively. Mr. Benkert stated that he is aware of the factthat t at the developer will be responsible for any damage which the developer does to the road. Trustee Marienthal asked if it would be beneficial to have the pavement evaluated prior to and after construction, at a cost to be borne by the developer; Mr. Kuenkler stated that that is the procedure used for Newtown Drive. 6540 1/21/85 Mr. Benkert stated that he does not think that would be fair, since they have already agreed not to use Weidner Road. Mr. Kuenkler stated that the damage would only be assessed if the developer were allowed to use Weidner Road. Mr. Balling stated that this stipulation will be made a part of the DIA for the phase. Trustee Reid amended the motion to note that subparagraph 2 shall read as follows: "The Village will use its best efforts, within six months after traffic warrants have been met, to secure any funding which may be available from the State of Illinois." Trustee Glover seconded the amendment. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. Moved by O'Reilly, seconded by Reid, to pass Ordinance #85-5 ORDINANCE amending the Comprehensive Zoning Ordinance of the Village of #85-5 Buffalo Grove, Cook and Lake Counties, Illinois. Upon roll (Chatham Manor call, Trustees voted as follows: Unit 3) AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. President Clayton reviewed the proposed ordinance, and reviewed HANDGUN the criteria to be used for comments from the audience in this CONTROL discussion. Trustee Hartstein clarified the proposed ordinance for the audience. Dino Selimos, 5 Clover Hill Court, asked for the exact wording of the ordinance; Trustee Hartstein outlined the three basic points of the proposed ordinance, as well as the two proposed referendum questions which are before the Board. John Biccum, 253 Cottonwood, stated that there is no limit to what can be considered handgun ammunition; he does not agree that the proposed ordinance would tighten up state law; he stated that everyone is in favor of gun control, and that his definition of gun control is hitting his target. Joy Fisher, 567 Weidner Road, stated that she thinks the community would be safer without guns, and she thinks that the citizenry ought to have the opportunity to speak out. David Pfau, 254 University Drive, asked a question which was answered by Trustee Hartstein. II v 1 6541 1/21/85 Howard Lang, 1129 Franklin, asked how long someone would be locked up for violating the handgun law. Alan Krawczyk, Winding Oak Lane, stated that everyone wants gun control, but they do not understand the issue. W. E. David, Lake Boulevard, stated that the law is aimed at the law-abiding citizen, not the criminal, and it is a very foolish law. Raleigh Hackbarth, 730 Thompson, stated that he thinks the issue should be taken up at the state level. George Krug, 297 St. Mary's, stated that if Buffalo Grove were to pass this ordinance, other Villages might follow suit, and eventually handguns would be out of circulation; he believes handguns have only one purpose, and he is deadly opposed to them. Donald Stratton, Horatio Boulevard, stated that the issue is being fabricated, and he is definitely opposed to any form of gun control. Mr. Lucasek, 614 Hawthorne, stated that this should not be a local issue. Joe Cannella, 232 University Drive, stated that there is not a high crime rate in Buffalo Grove; if this ordinance were passed, the syndicate would step in as was done during prohibition; the control should be in the courts. Nick Selimos, 5 Cloverdale Court, opposes the ordinance. Earl Hilton, 485 Chatham, stated that some of the Board members had never heard of a licensed gun club. Bob Hodur, 667 Sycamore, stated that government interferes with people's lives at every point. Dino Selimos, 5 Cloverdale Court, stated that the referendum is not to the benefit of Buffalo Grove; the state has done a pretty good job on rules and regulations. Gerald Dallinger, 222 Winding Oak, stated that when possession of guns became against the law in Evanston, only 14 guns were turned in. Ted Brancheau, 237 University Drive, stated that, since Buffalo Grove does not have a problem, we do not need regulations. Nick Tufano, 949 Beechwood, stated that he does not understand why handguns need to be banned in Buffalo Grove. 6542 1/21/85 Richard Bernstein, 3 Arbor Court, stated that, with the proposed ordinance, he would be breaking the law walking from his house to his car; Trustee Hartstein explained the exception for transporting to a gun club, etc. Scott Brumund, 481 Springside, asked why the Village would regulate something which cannot be controlled. Joe Cecchini, 1116 Bernard, stated that this is unfair to the law- abiding citizen, and will not deter the person inclined to commit a crime with a concealed weapon. Mr. Wernikoff, 810 Kingsbridge, stated that he is opposed to the proposed ordinance, and believes that the problem lies in the court system. Robert Christoff, 683 St. Mary's, stated that citizen's rights should not be taken away, and that there is no crime in Buffalo Grove. Hank Schultz, 460 Gregg Lane, stated that laws should be aimed at the criminal aspect, and he does not like officials telling him what to do. Ed Richter, 642 Buckthorn, stated that he supports comments made tonight, and he believes this is a political issue. Brian Dennen, 322 W. Dundee Parkway, stated that he does not see what will be proven by passing the ordinance; he said the Village does not have a problem now. David Pfau, 254 University Drive, asked who wants the laws changed. James Valentino, Jr. , State Liaison from the National Rifle Association, stated that the Board needs more information, and he spoke on reasons why the ordinance should not be passed. Barbara Mueller, Illinois State Rifle Association, also opposes the ordinance, and stated that she would be willing to donate her time to give instruction in handgun use. Larry Pyzek, a businessowner in Plaza Verde, stated that he does not hear much about crimes being committed with handguns in Buffalo Grove; he does not think that the wording has been carefully thought out. Richard Unger, Wheeling, stated his reasons for opposing the ordinance. Charles Wilt, Wheeling, Northwest Gun Club, stated that it would be advisable to explain the existing federal, state, and local laws now on the books. President Clayton declared a recess from 9:29 P.M. to 9:44 P.M. RECESS 6543 1/21/85 Trustee Hartstein presented the ordinance, and stated that a referendum would provide valuable information for our state and national representatives to have an understanding of what people are thinking. Trustee O'Reilly gave her thoughts on the subject, and stated that she would support the formation of a committee comprised of a knowledgeable group of people to study all aspects with regard to gun control. Trustee Glover has a concern about an advisory referendum; he does not believe that the problem has been defined; if there is to be a referendum, he would want to see precise wording so that the voter will have a clear understanding of the issue; he does not believe that an advisory referendum would be a mandate. Trustee O'Reilly explained her thoughts on the study of gun registration; her goal is not to take a weapon away from a sane individual, but to take it away from people that should not have access to guns. Trustee O'Reilly read the statement which she would propose to be put on the ballot. Trustee Reid stated that he respects both points of view; he believes the question was brought up too late, and the Board is just trying to formulate language tonight to meet the state deadline; he thinks it is unfortunate to consider this part of the question without the benefit of Trustee Stone's comments. Trustee Marienthal stated that he leans towards the language that Trustee O'Reilly has formulated, but he wonders if the recommenda- tions would be utilized. Trustee Hartstein shares some of Trustee Marienthal's concern with regard to the results being used from the findings of the suggested committee; he cited statistics from the state of Massachusetts regarding the drop in crime rates when a handgun law was enacted and enforced. Trustee O'Reilly stated that she believes that the local ordinances turn out to be meaningless, and she believes that a message should be sent to the state legislators that there are aspects of gun control which need addressing. Trustee Glover agrees with Trustee Hartstein regarding a mandatory jail sentence for crimes committed with weapons of any kind, and he agrees with Trustee O'Reilly that there should be stricter enforcement of laws for crimes committed with weapons; however, he believes that there should be clear direction to legislators; he believes the Board is being forced to take action without proper review. Trustee Marienthal stated that the creation of a committee would cover all aspects of handgun control, and would then make recommendation to the proper parties. 6544 1/21/85 Trustee Glover stated that he thinks the committee is a "cop-out", and he does not think the committee could handle the situation any better than the local elected officials. Trustee O'Reilly suggested that the Governor appoint the committee, with the findings to be reported to the state legislature. Trustee Hartstein commented on a permit process for the possession of a handgun. Trustee O'Reilly stated that the voters would have to be informed of the specifics of gun registration, since most people probably do not fully understand it. Trustee O'Reilly moved to authorize the submission of an advisory referendum question to be worded as follows: "Shall the citizens of Buffalo Grove request the Governor of the State of Illinois to establish a Blue Ribbon Committee to study the issue of gun registration, enforcement of existing regulations, mandatory prison sentences to convict a person using weapons during the commission of a crime, mandatory education for owners, control of sale and manufacturing, and other related issues, with all findings to be reported to the state legislature." Trustee Marienthal seconded the motion. Trustee Reid again pointed out that the Board is "under the gun" to get this done for the April election. Trustee Hartstein stated that, as the question is presently worded, he cannot see that any citizen would vote against the question; he believes that the Board can pass a resolution tonight stating the same thing, without having a referendum. Trustee Marienthal stated that he would want to see mandatory jail sentences for those committing a crime with a weapon, and also more stringent regulations when it comes to the registration of firearms. Trustee O'Reilly withdrew her motion; she pointed out that, since this is an uncontested election, the voter turnout will be extremely low, and she would rather see this issue on a ballot where there is a larger turnout; she would like to see the wording which she proposed put in resolution form and brought back to the Board for passage to be sent to the Governor; she pointed out that there will be two new Board members after April 2, 1985, and their views might change the thoughts of the Board entirely. Trustee Hartstein stated that he really believes that it is timely for this issue to be addressed because of the thorough coverage it will receive in the media; he believes that issues are too often put off until the next Board or the next session of legislature; he urged the Board to give thorough consideration to the issue. Moved by Hartstein, seconded by Marienthal, to propose an ordinance authorizing submission of a referendum question: "Shall the United States Congress and Illinois Legislature formulate and enact comprehensive legislation which further restricts the sale, use, manufacture and possession of handguns." 6545 1/21/85 Trustee Glover again stated that he takes opposition to the suggested referendum because of the lack of a clear definition. Upon roll call, Trustees voted as follows: AYES: 2 - Marienthal, Hartstein NAYES: 3 - O'Reilly, Glover, Reid ABSENT: 1 - Stone Motion defeated. President Clayton asked if there was any objection from the Board for having staff develop a resolution to the Governor urging the creation of a Blue Ribbon Committee to study the issue of handgun control; there was no objection from the Board. President Clayton asked that staff have said resolution prepared for the February 4, 1985 Regular Meeting. Trustee Hartstein asked if the Board members would be receptive to asking the question as to whether a local ordinance should be adopted which prohibits the sale, transfer or rental of handguns, other than by law enforcement officials, in the Village of Buffalo Grove. Moved by Marienthal, seconded by Hartstein, to authorize a referendum question to be worded as follows: "Shall the corporate authorities of the Village of Buffalo Grove prohibit the sale of handguns and ammunition for same at a retail level?" Trustee O'Reilly stated that her concern is that, no matter what the wording is, it will fall under a big umbrella labelled "gun control". Trustee O'Reilly does not believe that the Board needs public input on such an ordinance, she believes the Board can make that decision itself. Trustee Glover agrees with Trustee O'Reilly. Trustee Reid again stated that, even though the wording ng in a Buffalo Grove referendum would be different from our neighbors, it would be looked upon by the voter as the same thing. Trustee Hartstein believes that the Board needs to know the beliefs of the voters in order to guide them in making their decisions. Trustee Marienthal would like to see the Board take the opportunity to have citizens voice their opinions one way or the other. Upon roll call, Trustees voted as follows on the motion: AYES: 2 - Marienthal, Hartstein NAYES: 3 - O'Reilly, Glover, Reid ABSENT: 1 - Stone Motion defeated. 1 6546 1/21/85 Moved by O'Reilly, seconded by Reid, to remove the ordinance regulating the sale and possession of handguns and handgun ammunition from the table. Upon roll call, Trustees voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. Mr. Raysa pointed out the changes which were made to the proposed ordinance, reviewing his letter to Mr. Balling of January 21, 1985. Trustee Marienthal stated again that he does not see how the Village can govern the private sale of handguns. Trustee Hartstein asked that there be pollings on Sections 9.90.020, 9.90.030, and 9.90.040. President Clayton polled the Board: "Yes" indicates favor of including Section 9.90.020 in the ordinance, with the wording being changes to include "retail"; "No" indicates opposition: YES: Marienthal, Hartstein NO: O'Reilly, Glover, Reid ABSENT: Stone President Clayton polled the Board: "Yes" indicates favor of including Section 9.90.030 in the ordinance; "No"indicates opposition: YES: Marienthal, Hartstein NO: O'Reilly, Glover, Reid ABSENT: Stone President Clayton polled the Board: "Yes" indicates favor of including Section 9.90.040 in the ordinance; "No" indicates opposition: YES: Marienthal, Hartstein NO: O'Reilly, Glover, Reid ABSENT: Stone Trustee Hartstein stated that he would still like to have the ordinance voted upon in its present form, and he moved to pass Ordinance #85-6; Trustee Marienthal seconded the motion. Upon roll call, Trustees voted as follows: AYES: 2 - Marienthal, Hartstein NAYES: 3 - O'Reilly, Glover, Reid ABSENT: 1 - Stone �•/ Motion defeated. Moved by Hartstein, seconded by O'Reilly, to pass Ordinance ORDINANCE #85-6, amending Section 13.04.320 of the Village of Buffalo #85-6 Grove Municipal Code. Upon roll call, Trustees voted as (Lake County follows: Sewer Fees) AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. 6547 1/21/85 Trustee O'Reilly explained the reason that the proposed RESOLUTION resolution is before the Board; she also asked that the density #85-3 remain at 7 as in the boundary agreement. There were no (Happ Farm II) objections from the Board to that change. Moved by O'Reilly, seconded by Reid, to pass Resolution #85-3, concerning the proposed Happ Farm II Development in Arlington Heights, with the change that the density figure remain at 7 as noted in the boundary agreement. Upon roll call, Trustees `./ voted as follows: AYES: 5 - Marienthal, O'Reilly, Hartstein, Glover, Reid NAYES: 0 - None ABSENT: 1 - Stone Motion declared carried. Moved by O'Reilly, seconded by Reid, to remove Ordinance ORDINANCE #84-81 from table; upon voice vote, the motion was defeated. #84-81 Mr. Balling reviewed Mr. Truesdell's memo to him of January 16, TRAFFIC 1985 regarding traffic engineering services scope of work. ENGINEERING CONSULTANT Trustee O'Reilly asked some questions, which were answered by Mr. Balling. Mr. Balling stated that no work will be authorized until an estimate has been received by Mr. Truesdell. Mr. Raysa pointed out that staff would have to be coming back to the Board with an amendment to the plan review fee. Moved by Marienthal, seconded by O'Reilly, to approve James J. Benes and Associates, Inc. as traffic engineering consultant to the Village. Upon voice vote, the motion was unanimously declared carried. Moved by Reid, seconded by Hartstein, to adjourn the meeting. ADJOURNMENT Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 11:31 P.M. Janet Sirabian, Village Clerk APPROVED BY ME THIS 4+L DAY OF ks'" ` � , 1985. Village President