IN ATTENDANCE: President Byrne called the meeting to order at 6:06 p.m. The following Trustees were present: Black, Cashman, Hebda, Henley, Koch, and Ryg.

Also present were Manager Allison, Assistant Manager Kalmar, Assistant to the Manager Teich, Building Commissioner Gerth, Finance Director Nakrin, Public Works Director Laudenslager, Finance Director Nakrin, Chief Fleischhauer, Corporation Counsel Citron, Attorney Geo-Karis and Village Clerk Schwartz.

1. MINUTES

Approval of 12/5/00 minutes pulled.

(Trustee Koch arrived at 6:08 p.m.)

2. REVIEW OF RT45/21 CORRIDOR STUDY – FINAL DRAFT REPORT

John LaMotte of the Lakota Group presented the revised plan dated January 2, 2001. Mr. LaMotte also discussed is memo dated January 2, 2001 regarding Tax Increment Financing (TIF) Overview and suggested the Village consider this avenue. Peter Vole, a resident, questioned the R1 zoning on the corner of Rt45/21. Assistant Manager Kalmar stated that is the existing zoning for the property and would be better served to leave it as is. Since the revised plans were just distributed to the public, the discussion will resume on January 16, 2001.

3. RIP CITY SPORTS – CONSIDERATION OF SPECIAL USE PERMIT

Assistant Manager Kalmar reported that Rip City would like a special use permit for their 24,000 square foot building, which would house batting cages, volleyball/basketball courts and instructional workstations. Vending machines will be available but no food service will be on site. No alcohol will be permitted on the property. Planning and Zoning unanimously recommended the permit subject to conditions as set forth in their minutes. Petitioner agreed to the conditions. Signage as presented is acceptable. Motion by Trustee Ryg, second by Trustee Koch to approve the preparation of the necessary ordinance granting approval of the plans for a special use permit as presented subject to

the following:

1. Replacement of any landscaping material to comply with the approved plan for the building from 1991. Said replacement shall be completed by June 15, 2001. The petitioner shall provide a forfeitable cash bond in the amount of $5,000 prior to issuance of a temporary certificate of occupancy. Failure to complete said landscaping would result in the bond being forfeited and the temporary certificate of occupancy being revoked.
2. No foodservice shall be permitted on this property. Any food served shall be prepared off-site and be for parties or events. Vending machines are permitted subject to compliance with all ordinances of the Village.
3. No alcohol of any type shall be served or sold on-site.
4. The hours of operation shall be: Summer – Monday-Friday 10am-9pm, Saturday-Sunday 8am-9pm Winter – Monday-Friday 12pm-9pm, Saturday-Sunday 8am-9pm
5. Compliance with all ordinances of the Village except as otherwise noted.
6. The trash dumpster shall be stored within the building or shall be fully screened and enclosed as required by the Village Code.
7. The special use shall occur wholly within the building. No teaching or recreational activity shall occur outside the building.

Roll call vote:

AYES: 6 – Cashman, Hebda, Henley, Koch, Ryg, Black

NAYS: 0 – None

Motion declared carried.

4. BABIES ARE US

The petitioner requested a store on the former Hawthorn Theaters property. The present building would be demolished with two new buildings being constructed, one at 37,180 square feet and the other at 5,700 square feet. Planning & Zoning recommended the plan 4-2 subject to A-H. The commissioners against the plan had concerns over the private road and the maintenance of that road. The petitioner stated the parcel will be fully landscape, are agreeable to dedicating the road to the Village and are willing to pay their proportionate share. Village Engineer Brown estimated the road cost to be approximately $150,000. Motion by Trustee Henley, second by Trustee Black to approve the Final Site and Landscaping Plans as presented and the preparation of the necessary ordinance subject to the following:

1. The site and engineering plans prepared by Haeger and Associates, Inc with a revision date 11/20/00 (pages 6-6) and elevations, floors plans as prepared by Babies R Us with a stamp of 12/15/00.
2. The landscaping plans prepared by Wehler, Peterson & Associates, Ltd. With a date of 11/15/00 (page 2 of 5).
3. The photometric plan, light poles and fixtures shall be reviewed and approved by the Village prior to issuance of a building permit and shall be consistent with the existing light levels, poles and fixtures found on adjacent properties.
4. Compliance with responses to the Technical Review Comments by petitioner with a stamped date of 11/17/00 and all ordinance and standards of the Village except as otherwise noted.
5. Final approvals of the Village Engineer and Landscape Architect prior to issuance of a building permit.
6. Review with the Village Engineer the need to expand Center Drive at the intersection with Outer Ring Drive.
7. The petitioner shall return before the Commission for review and approval of any use to be located on the out parcel.
8. The property owner of the premises agrees to work with the Village with regard to the improvement and ultimate public dedication of the private access road adjacent to the subject site by payment of their proportionate share of the costs of such improvements if necessary.

Roll call vote:

AYES: 6 – Hebda, Henley, Koch, Ryg, Black, Cashman

NAYS: 0 – None

Motion declared carried.

AYES: 6 – Henley, Koch, Ryg, Black, Cashman, Hebda

NAYS: 0 – None

Motion declared carried.

Meeting adjourned at 7:45 p.m.

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Jeanne M. Schwartz, Village Clerk Roger L. Byrne, Village President