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HomeMy WebLinkAbout1997 p ass • ,,,q,7 Sports Core wins it Trustees vote to put library on Sports Core By Judith Cook's Press Publications AT'A GLANCE A debate that took on a life _mimmimimmonimmi of its own ended Tuesday, af- Library countdown ter several village trustees A sequence of events leading up to the construction of a reversed their original deci- new public library, sions and agreed to build Oak •Aug.1992—Village recommends Nov.referendum. Brook's new library on the ■May 1996—Village approves design architects. Sports Core. ■Nov.1996—Voters approve advisory referendum citing The Village Board voted 5-1 the Sports Core location, in favor of building a new$3.5 r Nov.1996—Village officially approves project million library on its Sports ■Dec.1996—Park District vetoes idea of library at Central Core property. Park. Trustee Garry Bartecki ■Jan.1996—Village votes to build library on Sports Core. voted against the proposal. . "I myself think a library site on the Sports Core is not a legal site, but we might just "I don't believe a challenge have to move ahead," Bar- to the legality of the site will tecki said. "For people with hold water," said Joe Fullan, Debate over the library site treasurer of the Oak Brook intensified recently after trus- physical Library Association."We hope tees investigated a Park Dis- handicaps, for the best in getting the trict site and land owned by shovel in the ground." WMX Technologies. a lot of them According to Library Direc- WMX officials said they 't playfor Ruth Martin, the library's can would need more time to dis- soccer. statement — drafted cuss the village's proposal for Their only before discussion of a new fi- a land swap or purchase.The brary surfaced — says the li- company is currently involved recreation is brary serves an educational in negotiating commercial and recreational function. development on a portion of reading. "That library is easily its Oak Brook property. Can we say the defined as a recreational in- "We kind of came to the stitution," she said. "We will end of the trail and explored Sports Core help kids find information for all possible sites. WMX has is to be the homework and try to make not indicated it's willing to do learning fun in a recreational something in a short amount recreation for way." of time," said trustee Al Say- "For people with physical Mo, who consistently favored only those who handicaps, a lot of them can't a site other than the Sports choose athletic play soccer.Their only recre- Core."I don't think the Sports ation is reading,"she added. Core is the best site, but by types of "Can we say the Sports default it has become the only Core is to be the recreation site." recreation.„ for only those who choose Trustees Bartecki and Mack Ruth Martin athletic types of recreation?” Shumate both expressed con- library director she asked."I'm comfortable a cerns about the legality of library fits there,but I'm not a building a library on the judge or a lawyer." Sports Core, which was de- Shumate said the village signed for recreational use. with a special use permit,"he "should make sure the build- The 280-acre Sports Core said. ing meets the criteria of the property is currently zoned But a village restriction on covenants of the land, and for conservation and recrea- the land says that it must be that it meets the definition of tional use, according to Vil- used for open space or recre- a recreational facility." lage Manager Steve Veitch. ation. The village plans to neg- The village must request a Veitch said arguments can otiate the library's construe- special-use permit to build a be made for and against a Li- tion with architect Jay Carow, library there, he added. The brary as recreational use. who drafted the initial concept process would require the vil- Library supporters Tuesday design of a library last year, lage hold a public hearing be- cheered the board's decisions, Veitch said. The village paid fore the decision. after months of waiting for a Carow about $40,000 for his "We can construct a library decision. design work,he said. The Suburban LIFE,Saturday,February 1,1997 Section Two,Page 7 I Search for library locale ends with OB Sports Core By Jody Paige Trustee Alfred Savino voted to The Park District rejected a Two months after voters proceed with the project. request to put the library on "It's not the best site,but by Central Park land, stating it approved an advisory referen- dum to build a new Oak Brook default the only site at this time," would have a"serious impact on he said. the mission of the Park District." library on the Sports Core site, trustees approved the project. The library is expected to be Officials at WMX Technolo- The Village Board voted 6-1 in built on 2.9 acres,using$3.5 mil- gies have indicated they cannot lion from the general corporate work within the village's time favor of proceeding with archi- fund. tectural plans for the library on line for negotiations regarding the Sports Core site, off Oak Library officials have said the land at Oak Brook Road and Brook Road west of York Road. , , Jorie Boulevard. Trustee Garry Bartecki, who Its not the best site, According to Village Presi- ' voted against the proposal,said but by default the only dent Karen Bushy, WMX offi- he questions the legality of thecials said they were interested in Sports Core site, which lists site at this time.' someone buying the land,rather restrictions in the deed specify- Alfred Savino than a land trade suggested by ing the land should be used for Oak Brook trustee the village,but the village does recreational purposes. not have the funds to buy the But Trustee Gerald Mclner- library at 1112 Oak Brook Road site. ney said he believes it is time to lacks adequate space to increase Among a group that applaud- make a"commitment to the pop- book and periodical collections ed the Village Board vote, ulous"regarding the library. or offer computer services.Also Library Commissioner Barbara "We have debated this," he the building is not accessible to Benezra said the alternative site said."We have gone through this the disabled. search was a necessary process innumerable times." In the past two months, vil- and they are'very,very happy," Despite earlier ambivalence lage officials considered alterna- to be going ahead with the about the Sports Core site, tive sites for the library. Sports Core site. • New site sparks legal debate, stirs questions about library By Jody Paige vote, said he does not support Sports Core site and is not con- Despite a vote in favor of pro- the library site selection because cerned about the legality. gressing with plans to build a he does not believe it fits the "If something happens I feel new Oak Brook library on the specifications. strongly we can defend the posi- Sports Core site,concerns about "The library on the Sports tion," she said, adding many possible legal action linger. Core is not a legal site.It doesn't programs offered by the library The Village Board linger. Tuesday belong there,"he said. are recreational. T6-1 o continue with archi-dy Sharing some of Bartecki's According to Trustee Gerald voted 6- plans for the Sorts' concerns about legality of the McInerney,two residents whose p site,Trustee Mack Shumate Jr. children are disabled have told Core site, off Oak Brook Road said he continues to believe him they are considering legal west of York Road,supported by adding a small presentation the- action against the Village Board residents in an advisory referen- ater to the library plans would because of the delay in moving dum in November. help it fit under the recreation forward with the decision. Village Manager Stephen criteria. The current library,1112 Oak 1 Veitch has not ruled out a possi- Trustee William Kenny said a Brook Road, is not handicap ble delay in the project if litiga- theater was not in the budget for accessible and at least one of the tion is necessary to interpret'the the library project and he children will be out of school by Sports Core deed restrictions believes a library is considered a the time the new library is built. indicating the land be used for recreational use. A 45-day period,which ended recreational purposes. Library Commissioner Bar- Dec. 27,was specified to allow Trustee Garry Bartecki, who bars Benezra said she is happy the village to investigate alterna- cast the descending dissenting with the decision to go with the tive sites for the library. Friday,March 21�1997 Press Publications Lawsuit questions plan for library at Sports Core Officials: Legal battle delays constructionn the By Judith Cookls until the court determines Press Publications "The deed says whether building on the Another chapter in the Oak Sports Core is a violation of Brook library story opened the land can only the deed this week when a resident be put to a Xinos said he would be filed suit against the village, surprised if a judge ruled that claiming the village's plans to recreational use. a library fit into the deed as a build a new library on the In my opinion, a recreational use. He said he Sports Core would violate the would appeal such a decision. property's covenant. library is not a Bushy said the village will Chicago attorney and Oak recreational use." not hire an architecture firm Brook resident Constantine P. Constantine Khios until after a decision on the Xinos filed a lawsuit Monday attorney suit has been made. in DuPage County, seeking a "We will not spend any court injunction to stop con- money on architectural de- struction of a $3.5 million li- brary. signs while this is pending," she said. "With this kind of "All I want to do is to en- "We will not delay, we have pretty much force the restrictions in the lost a construction season." '-deed," said Xinos, a resident spend any money glib- Xinos has voiced his op- of the Briarwood Lakes son architectural position to building an elabo- division. "The deed says the rate new library in Oak Brook land can only be put to a rec- designs while this using sales tax revenue in its •reational use.In my opinion,a is pending. With general fund. -library is not a recreational - use.' • this kind of "Oak Brook sits with a lot of money in its reserve account. Oak Brook founder Paul delay, we have , They should be doing the •_Butler sold the property's pretty much lost streets; they should be col- deed to the village in 1977. lecting garbage without cost In January, the Village a construction to residents,"he said. Board opted to locate the new season." He added residents should library on a portion of the use the borrowing service that Karen Bushy Sports Core,after considering village president several neighboring libraries ,two other sites. One site, on offer. land owned by Waste Man- - "We are surrounded by lib- .agement Inc.,near 31st Street raries that are better than :and Jorie Boulevard, was sion with its eyes wide open," anything Oak Brook con- :dropped when the company he said. "The Village Board templates building,"he added. 'declined to negotiate. The understands the Sports Core board also considered putting covenant quite well." Bushy disagreed, saying .the library in Central Park, Village President Karen Oak Brook residents are"just but the Park District voted Bushy insisted that a library mooching"under that system. against the plan. could be considered a recrea- The village is now being Village Manager Steve tonal facility forced to spend more money •Veitch said this week that the "Mr. Xinos assumes you in legal fees,she added. •village spent a lot of time re- have to be hitting a ball to be •searching the legality of recreation,"Bushy said. "We are using the public building on the Sports Core. purse to argue this. It's an' Xinos is asking for a court unfortunate use of public "The board made its deci- injunction, which could stop money,"she said. The Suburban UFE,Wednesday,March 26,1997 Suit suspends libraryplans Sports Core site challenged By Jody Paige a 160-vote margin. While Oak Brook officials are not While Bushy and trustees believe surprised by a lawsuit against the vil- reading is recreational, Xinos said lage challenging the placement of a enjoyment of an activity does.not library on the Sports Core property; mean it falls under the category of. they are disappointed in the delays recreation. the suit will create. "Some people like to work and they Oak Brook resident and attorney enjoy it,but does that make it recre- Constantine Xinos filed a lawsuit in ation,I don't think so." DuPage County last week asking a The Village Board sought legal judge to decide if a library fits'the def- advice before proceeding with the inition of recreation. proposal to-place a new library on the According to Xinos,when the vil- Sports Core site,according to Bushy. lage purchased the land from Paul Butler the deed stated the land should 'A construction season is remain as open space for recreational lost ost and that's "They do things without thinking unfortunates because they have money in the Karen Bushy bank," he said of village trustees. Oak Brook mayor "Money in the bank doesn't last if you do not remain prudent." Trustees were aware of Xinos' challenge of the recreational use all The village has continued to talk to along,according to Village President the architect but will not spend any Karen Bushy. And Trustee Garry money on the project until the court Bartecki voted against the library site case is settled,according to Bushy. because he questioned the legality of In addition to opposing the chosen the recreational use of the site. site for the library, Xinos does not "We knew it was coming; I just believe the village has-a need for a wish he would have done it sooner," larger library, ,explaining the new Bushy said."A construction season is facility will not be as good as the lost and that's unfortunate." offerings in other towns such as Bins- Xinos has made his.views clear dale and Elmhurst. from the outset,coming forward last "We are a town surrounded with fall to oppose an advisory referendum libraries,"he said. - askingvoters if they favored a library, Xinos said he did not file the suit to on the Sports Core property off Oak "beat each other up"but believes he is Brook Road west of York Road. doing what's right.If the village is The plan fora$3 million library to :allowed what he believes is a violation be funded by retail sales_taxes and `of the deed,."then they can go ahead, existing village fees was approved byand do anything,"he said.'" IS Chicago Tribune,Monday,July 14,1997 OAK BROOK 4 Despite suit, library still in works A suit challenging Oak mining what is a recreational Brook's authority to build a facility, and the voters have library on property it owns made their decision clear," he along 31st Street has not said.Voters in 1996 approved a dimmed trustees' hopes of plan that specifically named starting construction sometime the Sports Core as a site for a next year. $3.5 million library. A status hearing is sched- A library has been in the uled for Tuesday in DuPage works since 1995, when trust- Circuit Court on a suit filed by ees determined a new building Oak Brook resident and attor- was necessary. ney Constantine Xinos. Xinos Village officials also want to contends that building a-li- either renovate or replace its braxy on the Sports Core is a fire station adjacent to Village violation of a covenant entered Hall. Both projects are in into by the village when it got . tended to be built without the the property from Paul Butler. village incurring debt, said Village officials insist the Veitch. deed restriction allows the vil- lage to build recreational or to a new library, noting that publicsservice facilities if per- mission er- facilities in neighboring corn- ers, obtained from vot- munities are available to Oak said Village Manager Brook residents. Stephen B.Veitch. G.J.Zemaitis "The question here is deter- Judge blocks library Ruling says building violates deed By Kristin Lanning Press Publications Oak Brook residents will "We did not do it on a whim; we did a still be able to play golf and very good job doing siting possibilities. I tennis at the Sports Core. However,a DuPage County we a good did job legally to make judge ruled Wednesday that sure we could build it[the library]there. residents may not read about sports on the land. To have one resident derail the train is Village Manager Stephen disappointing." Veitch said DuPage County Circuit Judge Robert Byrne Karen Bushy ruled that a library is not a Oak Brook village president recreational use as defined by the Sports Core deed restric- tion. Veitch also said the resident [Xinos] derail the Veitch said buying land for judge rulededthat the referen- train is disappointing." the project would add to the dum in 1996 was insufficient in terms of the deed restric- Bushy added that the Vil- cost of building the library. tion. lage Board will have to decide "The intent all along had Constantine Xinos, an Oak what it will do next at its Oct. been completing the project Brook resident, filed the suit 14 meeting. That could in- without any land acquisition," in March contending that elude appealing the case, Veitch said. "Land in Oak locating the library at the Bushy said. Brook sells from$1 million an Sports Core would violate Oak The ruling pushed the acre.In the past,the [village] Brook founder Paul Butler's project back at least a year, staff has estimated if we were intent when he deeded the Bushy said.She also said lib- to acquire land for the site, property to the village. raries can be considered rec- that could add a million [dol- Karen Bushy, village presi- reation. lars]or more to the project." dent, said she was dis- "We have people who do Veitch said the project appointed by Byrne's ruling. not swing a golf club in Oak would have cost the village " We did our homework, Brook but who want to use $3.75 million.He also said the starting with 'Do we need a the Sports Core for their rec- Village Greens,located at 31st new library?'" Bushy said. reation, which is reading and Street and Jorie Boulevard, "We did not do it on a whim; socializing,"Bushy said. has come up as a possible site we did a very good job doing Bushy said many residents for the library. siting possibilities. I think we go to other towns such as Neither Xinos or Ruth did a good job legally to make Elmhurst, Lombard and Martin, Oak Brook library di- sure we could build it [the Hinsdale for their library ser- rector, were available for library] there. To have one vices. y comment.