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2002-07-15 - Village Board Regular Meeting - Minutes 11256 7/15/2002 MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE,HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD, BUFFALO GROVE,ILLINOIS ON MONDAY,JULY 15,2002 CALL TO ORDER President Hartstein called the meeting to order at 7:32 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Hartstein;Trustees Braiman,Glover,Berman,Johnson,Kahn and Trilling. Also present were: William Balling,Village Manager;William Raysa,Village Attorney;William Brimm,Assistant Village Manager/Finance Director;Ghida Neukirch,Assistant Village Manager;Scott Anderson,Assistant Finance Director;Art Malinowski,Director of Human Resources;Robert Pfeil,Village Planner;Gregory Boysen,Director of Public Works;Ray Rigsby,Superintendent of Public Works;Carmen Molinaro,Director of Golf Operations;Fire Chief Sashko;and Joseph Tenerelli,Village Treasurer. APPROVAL OF MINUTES Moved by Glover,seconded by Kahn,to approve the minutes of the July 1,2002 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. WARRANT#962 Mr.Tenerelli read Warrant#962. Moved by Glover,seconded by Johnson,to approve Warrant#962 in the amount of $2,249,591.36,authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. BUFFALO GROVE FINE ARTS FESTIVAL President Hartstein noted that the first annual Buffalo Grove Fine Arts Festival is coming up on July 27-28,2002, and encouraged everyone to attend this event. Trustee Braiman added that there will be over 180 artists taking part in the festival RIDE FOR KIDS Trustee Johnson noted that there will be a Ride for Kids on Sunday,July 21,2002 to benefit the Pediatric Brain Tumor Association. There will be over 2,000 motorcycles heading north on Route 83 at 9:30 A.M., which will close intersections for at least 45 minutes,and he urged residents to be aware of the congestion that this will cause TRANSPORTATION Trustee Berman noted several transportation issues,discussed during meetings that he has attended,regarding the Illinois Tollway,Route 22 and CATS. 11257 7/15/2002 MANAGEMENT REPORT Mr.Balling noted the submittal of the Management Report for the month of June,2002;there were no questions on the report. ROTARY BILL REID COMMUNITY SERVICE AWARD Rotarian John Green reviewed the Bill Reid Community Service Award and the criteria for receiving this honor. This year's recipient of the award is our Village Manager,Bill Balling,and Mr.Green reviewed Mr.Balling's service to the Village of Buffalo Grove. Mr.Green explained the financial contributions that go along with this award,and presented the award to Mr.Balling. Mr.Balling thanked the Rotary Club for this distinguished honor and shared what Bill Reid meant to him during his career. Mr.Balling noted that a portion of the monetary award will be donated to Omni Youth Services,and Dennis Depcik,representing Omni,thanked Mr.Balling and the Rotary Club for the contribution and noted that Omni is honored to be associated with community servants such as Bill Reid and Bill Balling. Mr.Balling noted that the second monetary award,along with a personal contribution from he and his wife,Nancy, will be to the Rotary Foundation and he explained his reasons for dedicating these funds to the Polio Plus Program. Mr.Balling then explained the honor of being a Paul Harris Fellow as he conveyed this honor on his daughter, Alison,who will be studying chronic disease epidemiology next year. Mr.Balling thanked the Board and his family for their support of his efforts in Rotary and in the community. TWIN RINKS ICE PAVILION President Hartstein explained the Business Showcase Program,where businesses in the community that have distinguished themselves are awarded the Golden Bison Award. Mrs.Neukirch reviewed the contributions and accomplishments of the Twin Rinks Ice Pavilion,tonight's recipient of the Golden Bison Award. President Hartstein presented the award to Gary Kayne,Director of Public Relations, as the audience and the Board offered congratulations. PUBLIC HEARING—ALDRICH PROPERTY President Hartstein re-opened the Public Hearing,continued from July 1,2002,at 7:54 P.M. Mr.Balling requested that the Public Hearing be continued until August 5,2002. Mr.Balling stated that staff is working with the Aldriches on several issues and plan to have them addressed by that time;details of these issues are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Moved by Berman,seconded by Kahn,to continue this Public Hearing regarding the Annexation Agreement concerning the Aldrich Property, 16226 W. Aptakisic Road until the August 5,2002 Regular Village Board Meeting. Upon voice vote,the motion was declared carried,with Trustee Johnson abstaining. At 7:56 P.M.,President Hartstein continued the Public Hearing until August 5,2002. QUESTIONS FROM THE AUDIENCE President Hartstein asked if there were any comments or questions from the audience;there were none. CONSENT AGENDA President Hartstein explained the Consent Agenda,stating that any member of the audience or the Board could request that an item be removed for full discussion;there were no such requests. The Village Clerk then read a brief synopsis of each of the items on the Consent Agenda. Moved by Kahn,seconded by Glover to approve the Consent Agenda. 11258 7/15/2002 75 FOOT QUINT AERIAL LADDER—Athorization to Bid Motion to approve the authorization to bid replacement for the 75 foot quint aerial ladder. POWERNAIL UTILITIES—Certificate of Initial Acceptance&Approval Motion to approve the Certificate of Initial Acceptance and Approval for Powernail Utilities. PRADIUM DEVELOPMENT—Certificate of Initial Acceptance&Approval Motion to approve the Certificate of Initial Acceptance&Approval for Praedium Development. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. ORDINANCE#2002-38—INTERIOR INVESTMENTS Moved by Berman,seconded by Braiman,to pass Ordinance#2002-38,Economic Incentive Agreement between the Village of Buffalo Grove and I3 Group,Inc.Interior Investments,LLC,and Interior Environments,LLC. In answer to a question from Trustee Berman,Mrs.Neukirch clarified that the ordinance on the dais is the one being considered. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. President Hartstein welcomed Mr.Shannon and his business to the Village. COSMIC ZONE Mr.Brimm made a presentation regarding the staff recommendation with regard to coin-operated amusement devices,details of which are contained in the Village Board Meeting Agenda Item Overview that he prepared. Bill Feldgreber,representing the principals of Cosmic Zone,stated that one of their major concerns regards the number of coin-operated video devices;he cited ordinances from other communities,noting that he believes the wording in the Vernon Hills ordinance would best fit this situation. Also,Mr.Feldgreber explained why they have difficulty with the section of the ordinance that deals with the sale and consumption of food and beverage in the space designated for video game devices. Trustee Berman stated that he does not have a problem with 36 machines,and he believes that the most important thing is how the standards are established;he confirmed that Buffalo Grove has always been very strict about the number of video games allowed,and he commended Mr.Brimm and staff on putting the proposed ordinance together. Trustee Berman suggested that one way to accommodate everyone in insuring that video arcade games remain a secondary use is to limit the 10% space to only that which is public,and not the entirety of the facility. With regard to the lock-ins,Trustee Berman stated that language must be prepared for the ordinance to assure that these activities are properly supervised activities;if that can be accomplished,he has no problem with that request. In response to a question from Trustee Johnson,Mr.Feldgreber stated that they would have no problem with Trustee Berman's suggestion regarding 10%of the public space,and they concur that that is a good idea. 11259 7/15/2002 Trustee Kahn stated that he does not have an issue with food and beverage in the game area. Trustee Johnson stated that he has seen areas that have become very unpleasant because of spilled food and beverage. Mr.Brimm stated that prohibition of food and beverage in the game area was standard in the ordinances researched by staff. Trustee Berman stated that video games are geared to those who are not of smoking or drinking age;he suggested revisiting this issue after the facility opens to possibly allow it on a trial basis. Trustee Braiman stated that he does not have a problem with a smoking ban,but he believes that the owners should police themselves with regard to the food and beverage,and he does not believe that the Village should have a requirement in this area. Trustee Johnson stated that a distinction must be made between smoking and food/beverage. Trustee Johnson suggested that the ordinance be amended to reflect 40 games as an upper limit, 10%of the public area as defined in the code,and limit the prohibition to smoking,and not food/beverage. Mr.Raysa stated that he did not believe the Board was going to act on this ordinance tonight;he believed that the Board was going to give staff input with regard to the ordinance;he is reluctant to amend the ordinance from the floor. President Hartstein polled the Board: YES indicates favor of limiting the number of games to 36,using the criteria of 10%of the public area as defined in the code,and prohibiting smoking only(not food/beverage)in the amusement device area;NO indicates opposition: YES: Braiman,Glover,Berman,Johnson,Kahn,Trilling NO: None Mr.Feldgreber stated that they are in agreement with the proposed suggestions. Mr.Brimm stated that staff will rework the ordinance and circulate it to the Board before bringing it back on the agenda for the August 5,2002 Regular Meeting. Mr.Brimm stated that there is a broader issue that needs to be addressed in bringing the zoning ordinance into relationship with the regulatory and licensing ordinance,and Mr.Pfeil and staff will be working on this issue. Trustee Berman stated that he believes that this is a good candidate for coming back directly to the Board for Public Hearing in order to make sure that this moves forward on a timely basis. In answer to a question from Trustee Braiman,Mr.Feldgreber shared a progress report,and noted that they would like very much to be open by Christmas;he also noted that they had advertised for residents to submit entries for a name other than the Cosmic Zone. Staff will come back with a recommendation regarding the regulations for the lock-in events. ARBORETUM GOLF COURSE CLUB HOUSE Mr.Brimm made a presentation with regard to the award of bid for the Arboretum Golf Course Clubhouse interior finish elements,details of which are contained in his memo to Mr.Balling of July 11,2002. In answer to a question from Trustee Johnson,Mr.Brimm stated that there were some elements that were over the projected amounts,but the overall bids were under budget. Trustee Trilling stated that there are a number of trades where only one bid was submitted,and he finds it difficult to award a contract in those instances;he does not understand why MTI did not do more to solicit more than one bidder in these instances,particularly in the current climate where construction is way down. Andrew Jones of MTI Construction stated that he does not know why they did not get all of the bids expected;they did their homework in pre-qualifying bidders;they did solicit and call at least three times during the bid process to see if contractors were going to pick up a bid package. Mr.Jones stated that public notice was placed in 11260 7/15/2002 publications in all communities in suburban Chicago;he stated that this project had the best turnout for the bid packages that were picked up and had more pre-qualified bidders to choose from than other projects in which they are involved;he believes that the fact that they are within budget demonstrates a good job done by MTI Construction. Mr.Jones letter to Mr.Brimm of July 11,2002 further details this issue. Trustee Trilling commented that he believes MTI should have gone out to get additional bids when they saw that only one or two bids had been submitted. Mr.Jones stated that bidders have to be willing to submit a pre-qualified form to submit the bid;every bidder has the opportunity to pick up a pre-qualification package to become pre-qualified;the pre-qualification requirement itself discourages some contractors from bidding on projects. Trustee Trilling is troubled by the fact that,if this bid is awarded,roughly two-thirds of the contracts being awarded are to contractors where there was only one bid submitted. Mr.Jones noted that the single-bid trades that MTI is recommending that the Village award represent 5-10%of the entire job. Mr.Jones agreed that he would like to have had more bids,however,he noted that there is a risk is rejecting these bids and going back into the marketplace. Trustee Johnson stated that he also would like to have had more bids,however,the Board must now decide whether or not to take the bids presented, which are all from qualified,responsive and responsible bidders,or to reject the bids and continue the scheduling of the project well beyond anticipated completion date. Trustee Johnson stated that he is in favor of accepting the bids,albeit wishing that there were more bids submitted. Moved by Johnson,seconded by Braiman,to award bids for the interior elements of the Arboretum Golf Course Clubhouse,pursuant to Mr.Brimm's July 11,2002 memo. Trustee Berman stated that he agrees with Trustee Trilling in many respects,but some perspective is in order in recognizing that one of the policy decisions adamantly made by the Board was that the project must be of the highest quality;he also noted that this is a very small piece of the entire project,and while he would prefer multiple bidders,he concurs with Trustee Johnson. Trustee Braiman also agrees with Trustee Johnson and Trustee Berman. In answer to a question from Trustee Braiman,Mr.Jones reviewed the bid process,pointing out that notice is published in every Daily Herald newspaper in the five-county area,as well as numerous trade publications;they also send notice to every bidder in their data base. Trustee Braiman stated that rejecting these bids would be unfair to the contractors that did go to the trouble of submitting bids. In answer to a question from Trustee Kahn,Mr.Brimm stated that the food vendor is starting to take reservations for the second quarter of 2003. Mr.Jones noted to Trustee Kahn that every project they have done in the public sector has been done with pre- qualified bidders;this is a process that establishes financial stability,establishes the ability to provide a performance bond,establishes the fact that the contractor has the staff available to complete the job,and most importantly, establishes the criteria that protects the best interest of the Village. Trustee Kahn agrees that it is important to move ahead with this project,keeping in mind that,although this is a small portion of the entire project,it is still a substantial sum. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Braiman,Glover,Berman,Johnson,Kahn NAYS: 1—Trilling Motion declared carried. SANITARY/STORM SEWER TELEVISING Mr.Boysen presented a brief summary of the technical aspects of this project. Mr.Boysen then answered questions from the Board,primarily with regard to the difference between the$30,000 budget impact and the$57,000 low bidder. Concern was expressed that not enough dollars are being budgeted;should there not be enough in the budget to cover the extra$27,000,that portion would be deferred until the next budget cycle. 11261 7/15/2002 Moved by Braiman,seconded by Johnson,to award the bid for Sanitary and Storm Sewer Televising for 2002 to National Power Rodding Corporation,pursuant to the contract provisions which provide for unit price up to the budget allocation of$30,000,and confirming that staff would come back to the Board for approval before going over the$30,000. Mr.Raysa stated that he has reviewed the original project manual. Mr.Boysen stated that this is the procedure that has been used for several years without a problem. Trustee Berman asked that the motion be subject to review by the Village Attorney to ensure that the Village is not obligating itself to$57,000. Trustees Braiman and Johnson agreed to amend the motion as requested. Upon roll call,Trustees voted as follows on the amended motion: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. EXECUTIVE MEETING Moved by Johnson,seconded by Berman,to move to Executive Meeting to discuss Litigation,Land Disposition, and approval of Executive Meeting minutes. Upon roll call,Trustees voted as follows: AYES: 6—Braiman,Glover,Berman,Johnson,Kahn,Trilling NAYS: 0—None Motion declared carried. The Board adjourned to Executive Meeting from 8:58 P.M. to 10:10 P.M. ADJOURNMENT Moved by Kahn,seconded by Braiman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 10:11 P.M. .rant M.Sirabian,Village Clerk -121 APPROVED BY ME THIS 5 DAY OF tC�(� ,2002 Village President