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1978-11-20 - Village Board Regular Meeting - Minutes 5315 11/20/78 MINUTES OF REGULAR MEETING OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS, HELD IN THE COUNCIL CHAMBERS, VILLAGE HALL, MONDAY, NOVEMBER 20, 1978 CALL TO ORDER The regular meeting of the Board of Trustees of the Village of Buffalo Grove was called to order by President Edward A. Fabish at 7:30 P.M. ROLL CALL Roll call indicated the following present: President Fabish; Trustees Rech, Marienthal , Stone, Mendenhall , Kandel . Trustee Bogart was absent. Also present were William Balling, Village Manager; William Raysa, Village Attorney; Gregory Boysen, Village Engineer; William Brimm, Finance Director; Richard Kuenkler, Civil Engineer; Bart Delaney, Planning Co-ordinator; and William Sommer, Assistant Village Manager. MINUTES Moved by Rech, seconded by Stone to approve the minutes of the regular meeting held November 6, 1978, as published. Upon roll call , the vote was: AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Bogart Motion declared carried. WARRANT Moved by Rech, seconded by Marienthal to approve Warrant #392, in the amount of $168,883.21 , and authorize payment of bills listed. Upon roll call , the vote was: AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Bogart Motion declared carried. RESOLUTION Moved by Kandel , seconded by Mendenhall to pass Resolution #78-45 #78-45, a resolution commending the Buffalo Grove High School Bison football team for earning the Mid-Suburban Leqque North Conference championship and wishing them success in the Class 5A Illinois High School championship game. Upon voice vote, the motion passed unanimously. Trustee Rech stated that on Sunday, November 26, at 2:00 P.M. there will be a motorcade and pep rally for the Bison commencing at Route 53 and Dundee Road with a police escort to the Buffalo Grove Field House. All Village officials have been invited. She urged all interested citizens to attend. KENNEDY DEVELOP- Trustee Marienthal reported that last Wednesday he attended MENT IN ARCING the Arlington. Heights Plan Commission meeting regarding the TON HEIGHTS Kennedy Brothers development of over 600 homes northeast of Nichols Road and Arlington Heights Road. He said he presented the letter requesting Arlington Heights to require the developer to contri bute to the effect ed school districts and to consider adopting a f to Buffalo Grove's. He said the letter similar Donation Ordinance School/Park i i I I i I i I i i I I i i i i I I li I — a 5316 11/20/78 was received with much interest. He suggested that another presentation be made to their Village Board before final approval of the subdivision. He said School District #21 and #214 went on record that the development would 1) crowd Buffalo Grove High School , Cooper Junior High School , and Longfellow School , 2) would cause redistricting, and 3) create need for busing. NORTHWEST Trustee Stone reported that at last week's meeting of the MUNICIPAL Northwest Municipal Conference, it was decided to send a CONFERENCE resolution to the Senate and House of Representatives request- ing legislation to permit municipalities to use a third class bulk rate. MONTHLY The Summary of Administrative Activities for the Month of ACTIVITIES October 1978 was noted. REPORT BANK & Mr. Balling stated that Burton Harris , developer, has requested EXECUTIVE clarification of Board action with regard to the bank and OFFICE executive office building southeast of Lake Cook and Arlington BUILDING Heights Roads. The minutes of the meeting of October 16, Lake Cook & 1978, reflect that the developer is to pay the cost of the Arlington 20" water main to the center line of Lake Cook Road, but Heights Roads) Mr. Harris feels it should have been along his property line only. This fee is to be paid at the time building permits are issued, but since the office building permit has been requested now, and the bank building permit will not be requested until next spring, Mr. Harris has requested that the fee be paid at the time the bank building permit is issued. It was noted that all developments have been considered to the centerline of the road; therefore, this development will be considered in the same manner. It was further decided that the cost of the 20" water main will be prorated based on percentage of ownership; therefore, Mr. Harris will pay his portion when the building permit is issued for the office building, and the bank will pay their portion when their building permit is issued. HERITAGE PLACE Mr. Balling stated that on November 13, in workshop, the UNIT III "illage Board approved a final plan in concept with regard to building layouts for Heritage Place Unit III . On November 15, the Plan Commission concurred with the concept. He said the developer has requested immediate authority to pour foundation slabs in advance of necessary plat amendments regarding easements and the Appearance Commission review. In consideration for this, the developer has agreed to deposit with the Village a $5,000 per building cash escrow or letter of credit to remove the foundation slabs should they not conform with the required documentation and approvals which would be obtained on December 4. He said the developer has made this request in order to get the foundation slabs installed before winter. Moved by Mendenhall , seconded by Kandel to approve pouring of foundation slabs for Heritage Place Unit III in advance of Appearance approvals and plat amendments with respect to easements and subject to the following conditions: 1 . A $5,000 per building foundation letter of credit or cash escrow be posted to be used to remove any foundation installed which is not 5317 11/20/78 consistant with the forthcoming Appearance Commission approval and plat modifications. 2. A letter permitting the Village of Buffalo Grove to remove any foundation system not consistant with forthcoming recommendations. 3. Preparation of a plat of easement and plat of easement vacation acceptable to the Village Engineer which precisely delineates the easement changes required to accommodate change in plan of development. 4. Presentation of revised appearance package to the Appearance Commission at their next available meeting. 5. Appearance before Village Board of Trustees at next available meeting to consider following matters: a. Acceptance of complete appearance package as recommended by Appearance Commission. b. Approval of plat of easement and plat of easement vacation in a form acceptable to the Village Engineer which precisely delineates the changes needed to accommodate revised final plan of development. 6. Development to conform in all respects to the revised plan of development reviewed and approved in concept by the Village Board on November 13, 1978 and by the Plan Commission on November 15, 1978• 7. That the temporary foundation permit be issued for a maximum period of 30 days and failure to complete all matters stated above will cause permit authority to cease. Upon roll call , the vote was: AYES: 3 - Stone, Mendenhall , Kandel NAPES: 2 - Rech, Marienthal ABSENT: 1 - Bogart Motion declared carried. Trustee Rech said she voted against the motion because she always has deemed it unwise to allow foundation pouring prior to final approvals. QUESTIONS FROM There were no questions from the audience. THE AUDIENCE CANVASS OF The Village Clerk announced that the judges of election in VOTES each precinct had duly delivered the ballots, returns, and �./ tally sheets in connection with the special election held on the 7th day of November, 1978, posing the question "Shall bonds in the amount of $1 ,050,000 be issued by the Village of Buffalo Grove, Cook and Lake Counties, Illinois, to pay the cost of acquiring land at the southeast corner of the intersection of Arlington Heights Road and Checker Road to be utilized as a public park, said bonds to bear interest at the rate of not to exceed seven per cent (7%) per annum?" 5318 11/20/78 Moved by Rech, seconded by Mendenhall that the Clerk open and read the return. Upon voice vote, the motion passed unanimously. The Clerk opened and read the return which showed the following votes cast: Precinct TOTAL BALLOTS TOTAL SPOILED OR Number YES NO CAST DEFECTIVE BALLOTS 1 43 64 110 3 2 108 267 383 8 3 53 165 218 0 4 9 22 32 1 5 20 68 94 6 6 70 171 241 0 7 36 25 68 7 8 83 124 216 9 9 74 117 194 3 10 65 100 171 6 11 94 160 256 2 12 108 233 348 7 13 73 154 235 8 14 106 152 265 7 15 174 222 407 11 16 185 151 343 7 17 44 62 109 3 18 2 3 5 0 19 260 87 358 11 20 92 103 197 2 21 329 423 761 9 22 173 197 374 4 TOTAL 2,201 3,070 5,365 117 RESOLUTION Moved by Rech, seconded by Mendenhall to pass Resolution #78-46 #78-46 affirming the results of the canvass and proclaiming (Kererendum that bonds in the amount of $1 ,050,000 shall not be issued results) to pay the cost of acquiring land at the sout7east corner of the intersection of Arlington Heights and Checker Roads to be utilized as a park. Upon roll call , the vote was: AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Bogart Motion declared carried. Moved by Marienthal , seconded by Kandel to not pursue the grant application (for the purchase of the property located southeast of Checker and Arlington Heights Road) any further as of this date because the referendum failed. 5319 11/20/78 Trustee Rech spoke against the motion because this is the first time the Village has applied for this type of grant, and she would like to have it reviewed to determine if the application was done properly. She also felt it might be possible to revise the application to acquire a portion of the property. Since part of the property is in flood plain, she felt it was important to preserve any portion of it. President Fabish stated that the Village has two ordinances, the Flood Plain Ordinance and the Storm Water Detention Ordinance, that would handle any problems connected with the flood plain. He also noted that the Village could not go for the grant since there would be no funding for the Village's portion. Upon roll call , the vote was: AYES: 3 - Marienthal , Mendenhall , Kandel NAYES: 2 - Rech, Stone ABSENT: 1 - Bogart Motion declared carried. ORDINANCE Moved by Mendenhall , seconded by Stone to pass Ordinance #78-86 #78-86, AN ORDINANCE FOR THE RECOUPMENT OF ADVANCES FOR CONSTRUCTION OF WATER MAINS IN BUFFALO GROVE ROAD BETWEEN OLD LAKE COOK ROAD AND COMMONS WAY. Upon roll call , the vote was: AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAYES : 0 - None ABSENT: 1 - Bogart Motion declared carried. ORDINANCE Moved by Mendenhall , seconded by Stone to pass Ordinance #78-87 #78-87, AN ORDINANCE FOR THE RECOUPMENT OF ADVANCES FOR THE CONSTRUCTION OF FARRINGTON DRIVE BETWEEN ILLINOIS STATE ROUTE 83 AND WOODHOLLOW LANE. Upon roll call , the vote was: AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Bogart Motion declared carried. STEEPLEVIEW/ Moved by Mendenhall , seconded by Stone to accept the Appearance ARCHITECTURE & Commission recommendation and approve the architectural plans LANDSCAPING and the landscaping plans for Steepleview Condominums with certain stipulations. Steepleview is located at Weiland and Lake Cook Roads. Upon roll call , the vote was : AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Bogart Motion declared carried. HIGHLAND GROVE Moved by Mendenhall , seconded by Stone to accept the Appearance UNIT 4/ Commission recommendation and approve the landscaping plan for LANDSCAPING Highland Grove Unit 4 with certain stipulations. Upon roll call , the vote was : AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Bogart Motion declared carried. 5120 11/20/78 BICENTENNIAL Moved by Mendenhall , seconded by Stone to accept Amendment PARK_DEED and Supplement to Warranty Deed for Bicentennial Park. Upon roll call , the vote was : AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Bogart Motion declared carried. CAMBRIDGE ON THE Moved by Mendenhall , seconded by Stone to accept the Appearance LAKE/LANDSCAPING Commission recommendation and approve the landscaping plan for Cambridge on the Lake Condominiums with certain stipulations. Upon roll call , the vote was: AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAVES: 0 - None ABSENT: 1 - Bogart Motion declared carried. VILLAGE PLAZA/ Moved by Mendenhall , seconded by Stone to accept the Appearance ROSEN & SHANE Commission recommendation and approve the Rosen and Shane sign SIGN at Village Plaza with certain stipulations. Upon roll call , the vote was: AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Bogart Motion declared carried. PARKING/RVs & Trustee Mendenhall stated that at last week's workshop meeting, COMMERCIAL a lengthy discussion and review took place regarding a proposed VEHICLES amendment to the Zoning Ordinance to restrict the parking of RVs and commercial vehicles in a residential neighborhood. He then asked Mr. Raysa to comment on handling derelict vehicles and selective enforcement. Mr. Raysa stated that the Village has adopted the Illinois Vehicle Code which provides that a vehicle abandoned for seven days would be derelict, but Statutes state that if the abandoned vehicle is owned by the owner of the property upon which it is parked, it is not a violation of Statute. He felt derelict vehicles could be handled on a complaint basis by using the existing Nuisance Ordinance. President Fabish polled the Board to determine if they wished to leave the ordinance regarding parking as it now stands and handle the situa- tion as described by Mr. Raysa, or if they wish to revise the ordinance. The poll found the following: PRESENT ORDINANCE 0 - None REVISE ORDINANCE - 4 - Rech, Marienthal , Stone, Kandel ABSTAIN: 1 - Mendenhall Lengthy discussion and review of the proposed amendment to the Zoning Ordinance regarding parking took place with the following changes considered: 1 . Section 3.8 - Should include all residential zoning districts but provision should be made in multi-family districts that RVs may be parked in area of parking lot that has been properly screened. 5321 11/20/78 2. Section 3.8-1 - Maximum length of 18' and maximum height should be analyzed with the intent being to exempt all vans. Snowmobiles should be included. 3. Section 3.8-3 - Fee should be cost of administration only, and it should be a one time fee. 4. Six Month Permit - Most Board members felt this provision would be difficult to administer. 5. Section 3.8-3 "dust of proof surface", parking should be on hard surface of a material compatible with driveway. At this point, it was decided that consideration of this proposed ordinance would be continued at next week's workshop meeting. RECESS There was a recess from 10: 10 P.M. until 10:30 P.M. HENDERSONS Mr. Boysen reviewed his memo, dated November 16, 1978, PLAT OF recommending engineering approval of Hendersons Subdivision SUBDIVISION (Steeple View Condominiums) subject to ten items. He said that (Steeple View) upon recommendation of the Plan Commission and advice of the Village Attorney, this plat was revised to be a one lot subdivision. He said also required would be an off-site easement for sanitary sewer. Plan Commissioner James Button stated that all Plan Commission concerns have been addressed. Moved by Kandel , seconded by Mendenhall to approve the final plat of subdivision for Hendersons Subdivision Unit I pending engineering approval , and the Park District is satisfied with their negotiations with Mr. Henderson (developer), and to approve the plat of easement for sanitary sewer. In reponse to a question from Trustee Rech, Mr. Balling stated nothing will be deeded to the Park District in this subdivision, but approximately 8/10 of an acre will be credited. There is a cash contribution to the Park District, in the amount of 36,750, payable on a per unit basis. It was noted that the number of bedrooms have been decreased. Mr. Balling stated that the school contribution will be recalculated based on *Correction the new numbers. *In response to a question from Trustee Rech, the developer stated that all one bedroom apartments have been eliminated and replaced with two bedroom units . In response to a question from Trustee Rech, Mr. Boysen stated that the access easement for the bike path is shown on the plat and the bike path is shown on the engineering drawings. Upon roll call , the vote was : AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Bogart Motion declared carried. Trustee Rech stated that she voted "aye" even though she was apprehensive because there was no comment from the school district with regard to the change in density. 5322 11/20/78 CANDLEWOOD CREEK Plan Commissioner James Button stated that the Commission has PLAT OF SUB- recommended approval of the final plat of subdivision for DIVISION Candlewood Creek East. Mr. Boysen reviewed his memo, dated November 14, 1978, recommending engineering approval for the Candlewood Creek East subdivision subject to six items. He also reviewed his memo, dated November 16, 1978, recommending approval of a plat of dedication for the off-site portion of Pauline Avenue. Moved by Kandel , seconded by Marienthal to approve the final plat of subdivision for Candlewood Creek East and the plat of dedication for the off-site portion of Pauline Avenue pending final engineering approval . In response to a question from Mr. Balling, David Addis, attorney for the developer, stated that Outlot A will be conveyed to the property owner to the south. In response to a question from Mr. Raysa, Mr. Balling stated that the open space area can be expanded to include the portion of Carman Avenue which is to be vacated. The concept is to combine Lot 14, Lot 26, the Common- wealth Edison r.o.w. , and vacated Carman Avenue in an attempt to create a lineal park. The Park Board is reviewing this concept. A 100% cash contribution is in addition to this dedication. Mr. Addis stated that upon request, the owner will quit claim Lots 13 and 14 to the Village or the Park District. Upon roll call , the vote was: AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Bogart Motion declared carried. WILLIAMSBURG ON President Fabish stated that at the workshop meeting of THE LAKE/LAND USE November 13 the Board reviewed the recommendation of the Plan Commission to consider a combination of multiple and single family housing for the Williamsburg on the Lake development li (Southeast corner of Checker and Arlington Heights Road). He said the consensus of those Board members present seemed to be in favor of single family for that property. Trustee Kandel felt that in the best interest of the Village, from the standpoint of economics and the Master Plan, the recommendation of the Plan Commission should be considered. He felt that development of other condo- minium projects have brought no harm to the Village or to property abutting ` those projects. He found nothing wrong with building condominiums south of the �•/ creek. Trustee Marienthal suggested that the developer consider single family on the north side of the creek and on the east side south of the creek (abutting the golf course) and multi-family for the remaining. Howard Harris, attorney representing the developer, reviewed the history of this property and stated that at the request of the Village Board, the developer has expended funds to prepare a single family plan for this land. He said they would like to have the opportunity to show these plans i i I i i I I I I I f 5323 11/20/78 to the Plan Commission at public hearing and convince them that a single family development would be best for this property. President Fabish polled the Board to determine their preference of land use for the subject property. The poll found the following: Rech - abstain because she felt open space is best alternative for that land Marienthal - mix of single and multi-family Stone - multi-family Mendenhall - large single family homes on large lots Kandel - multi-family Mr. Raysa stated that if the developer wants a public hearing with the Plan Commission, he may have it. He noted that the developer now knows the feeling of the Village Board. Mr. Harris stated the developer wishes a public hearing on the single family plan. Mr. Balling stated he would instruct the Plan Commission to do so. Trustee Mendenhall felt the natural features of the land should be preserved, and if it is necessary to provide off-site detention in the M.S.D. reservoir on the west side of Arlington Heights Road (which has been suggested) , it should be considered. Trustee Rech stated that the Storm Water Detention Ordinance and the Flood Plain Ordinance require that detention/retention be provided on site. She said it is not necessary to drain the property directly into the creek. She felt other detention on site should be provided. She doubted that the M.S.D. would permit their reservoir to be used for detention for this site. President Fabish polled the Board, "Yes" indicating favor of pursuing information for off-site retention for this property, and "No" indicating opposition. The poll found the following: YES: 3 - Marienthal , Mendenhall , Kandel NO: 2 - Rech, Stone Trustee Mendenhall stated that if retention is on site, they should not scoop out the creek. STRATHMORE Bradley Olsen, attorney representing seven property owners SHOPPING PLAZA/ adjacent to the commercial development at the southeast corner EARLY LEARNING of Arlington Heights Road and Route 83, reviewed his letter, CENTER dated November 16, 1978, which outlined complaints and concerns regarding the commercial development and the Appearance Commission recommendations. Since the development contains the Strathmore Shopping Plaza and the Early Learning Center, it was decided to discuss each separately. Regarding the shopping plaza, the Appearance Commission recommendation addressed most of the concerns of the homeowners, but still unresolved were 1) installation of a fence gate between the retaining wall on the south side of the property and the existing fence on the adjacent property 5324 11/20/78 to prevent the buffer strip from becoming a means of access to the shopping center, 2) trees on the south side of the property should be 31" caliper instead of 21", 3) use of English Oak instead of Pin Oak trees, and 4) grouping of evergreens should be planted on the southwest corner of the property in a location that would screen the lights from cars turning into the southern entrance. Don Hardt, Chairman of the Appearance Commission, stated that there will be a "no left turn" for southbound traffic on Arlington Heights Road; therefore, there should be no problem with lights shining into the homes. Mr. Olsen said there is no guarantee that the "no left turn" requirement will go into effect. Mr. Hardt said the 7' fence is the full extent of the parking area which would prevent lights from shining into the homes. Mr. Hardt stated that the trees are an aesthetic item and not to be considered screening because the fence is the screen. He said 32" caliper trees would not screen much more than the 21" trees. Mr. Hardt said the Commission did not feel the developer should have to bear the expense of the requested gate because the "pathway" created between the retaining wall and the fence was at the request of the homeowners. Mr. Olsen said the homeowners could not put up the gate because it would not be on their property. Mr. Conrardy of Prudential Realty, the developer, 1) agreed to the 7' fence, 2) agreed to the gate if required, 3) preferred 21" trees because of the parking, and 4) agreed to landscape the southwest corner if required. President Fabish polled the Board with regard to size of trees. The poll found the following: 22" - 5 - Rech, Marienthal , Stone, Mendenhall , Kandel 32" - O - None President Fabish polled the Board with regard to species of tree to be used. The poll found the following: PIN OAK - 4 - Rech, Stone, Mendenhall , Kandel ENGLISH OAK - 1 - Marienthal Mr. Conrardy stated that some of the businesses that have leased shops would like to open, but occupancy permits cannot be issued at this time. He then requested temporary occupancy permits. Mr. Balling stated the drainage swale has to be done properly before occupancy. Mr. Conrardy said the swale could not be installed until the landscaping was done. After discussion, it was decided that temporary occupancy permits would be issued to one half of the stores in the center, provided that the developer post a bond or letter of II credit with the Village to insure that the fence, landscaping, trees, and sod are installed. 5325 11/20/78 In response to a question from Mr. Boysen, Mr. Conrardy stated that the street light at Alden Lane and Arlington Heights Road will be fixed. Moved by Marienthal , seconded by Mendenhall to accept the Appearance Commission recommendation to approve the landscape plan, dated October 25, 1978, with the following exceptions: 1 ) additional landscape treatment at the southwest corner of the property, 2) additional fence gate at the southeast corner of the shopping center (approximately the middle of the south property line) in close proximity of the lot line of the Early Learning �•/ Center with the intent to connect at the homeowners fence, 3) the fence on the east property line (approximately by the Early Learning Center/Prudential lot line) would be brought inward on the Prudential site to follow the rear yard line of 1111 Belmar, 4) caliper of the trees on the south property line will be 21". Upon roll call , the vote was : AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Bogart Motion declared carried. SANTORO PROPERTY Salvatore Santoro, owner of property located northwest of (LAKE COOK & Lake Cook Road and Route 83, reviewed his letter, dated ROUTE 83) October 8, 1978, requesting an extension of the B-2 zoning on 2. 1 acres of his property. The remaining portion of his property is permanently zoned B-2 with special use permit for a service station. Mr. Santoro stated that he has sent a letter to the Village stating that the 2. 1 acres will be zoned B-5 which requires a plan. Since a plan has not been prepared, he cannot petition for B-5 zoning yet. But the annexation agreement would expire on December 1 if not extended, which in effect would revert the zoning to R-1 . Moved by Kandel , seconded by Stone to extend the B-2 zoning on Mr. Santoro's property contingent upon the fact that a letter was written by the petitioner expressing his desire to convert to B-5 when a plan has been developed, said extension to be to the date that the annexation agreement would be 10 years old. Upon roll call , the vote was : AYES: 2 - Stone, Kandel NAPES: 3 - Rech, Marienthal , Mendenhall ABSENT: 1 - Bogart Motion failed. Moved by Stone, seconded by Mendenhall to extend the B-2 zoning on Mr. Santoro's property for a six month period with the stipulation that Mr. Santoro must show proof that he has worked with the other owners of property in the Town Center. Upon roll call , the vote was: AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAPES: 0 - None ABSENT: 1 - Bogart Motion declared carried. i i i i i i I ,i i i I I 5326 11/20/78 STRATHMORE Bradley Olsen continued his presentation about homeowners SHOPPING PLAZA/ complaints and concerns of the commercial development at the EARLY LEARNING southeast corner of Arlington Heights Road and Route 83 as CENTER (Continued)outlined in his letter of November 16, 1978. Attention now focused on the Early Learning Center. Mr. Olsen said the Appearance Commission approved a plan for screening the roof-top apparatus with access openings to meet the requirements `./ of the Fire Marshall . Later the homeowner's consulting engineer evaluated this plan with regard to line of sight and found the homeowners would have an un- obstructed view of the apparatus. He suggested the apparatus be screened on all sides with a removeable panel for Fire Department access. After discussion, a polling of the Board found them unanimously in favor of the alternate plan suggested by Mr. Olsen. Mr. Olsen stated that previously the Village Board required that the fence on the east be 12 ' inside the property line to provide a buffer for the homeowners, but the plan approved was a 6' stockade fence on the property line with a cyclone fence 12 ' inside. Because of the elevation of the land, the 6' fence provides no screening for the homeowners. He felt the owner of The Early Learning Center should be required 1) to place the 6' fence 12 ' inside the east and south property line with the bottom of the fence being the same elevation as the finished floor elevation of the Center, 2) to berm the south and east property line, and 3) to landscape between the top of the timber tie retaining wall and the fence. After discussion, the Board agreed that the bottom of the fence should start at the finished floor elevation of the Early Learning Center. With regard to the requested berming, there was some concern of its effect on drainage; therefore, it was felt the Village Engineer should review the matter, and if there would be no detrimental effect on drainage, the berm should be required. Mr. Olsen requested that a fence gate, similar to the one approved earlier this evening, be required at the southea st corner to prevent access to the commercial area from that point. After discussion, President Fabish polled the Board, "Yes" indicating favor of the second fence gate, and "No" indicating opposition. The poll found the following: /147:r1'1 1 - Kandel U :s: e 4 - Rech, Marienthal , Stone, Mendenhall Trustees Mendenhall and Marienthal stated the reason they voted yes was because they feared the homeowners would erect fences thus creating an area between the two fences that would be difficult to maintain. After discussion, it was decided that some alternative to sod should be considered for the area between the fence and the property line so that it would require little maintenance. 5327 11/20/78 Moved by Rech, seconded by Stone to approve appearance matters of The Early Learning Center to include 1) roof top apparatus will be fully screened on all sides with removable panel for fire access, 2) stockade fence will be indented 12 ' along the entire periphery, 3) the 7' fence will be at a li level equal to the finished floor elevation of The Early Learning Center, 4) a berm along the south and east property line will be incorporated if approved by the Village Engineer, 5) tops of fencing will be level , 6) a 12 ' distance will be maintained at the timber tie wall , 7) fence gate will be installed slightly to the southwest corner (level with homeowner's fence) , 8) an alternative to sod in the landscaped area on the south side should be investigated, 9) land- scaping plan will be subject to Appearance Commission review, 10) 7' fence is required. Upon roll call , the vote was : AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kandel NAYES: 0 - None ABSENT: 1 - Bogart Motion declared carried. RESOLUTION Moved by Marienthal , seconded by Mendenhall to pass Resolution #78-47 #78-47, A RESOLUTION EXCLUDING THE POPULATION OF THE VILLAGE OF BUFFALO GROVE FROM THAT OF THE COUNTIES OF COOK AND LAKE FOR PURPOSES OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974. Upon roll call , the vote was: AYES: 5 - Rech, Marienthal , Stone, Mendenhall , Kande) NAYES: 0 - None ABSENT: 1 - Bogart Motion declared carried. ADJOURNMENT Moved by Mendenhall , seconded by Rech to adjourn the meeting. Upon voice vote, the motion passed unanimously. Time: 1 :55 A.M. Verna L. Clayton, Village Clerk / APPROVE , BY ME THIS �'` . DAY OF - '��- , 1978. 14 x/ � ^ -cirne( 6? l i lage President 9