The regular scheduled Planning Commission meeting of September 5, 2007 was called to order in the Training Room at Fire Station No. 1, at 6:30 p.m. by Vice Chairman Doug Wilson.

Present for Roll Call were Commissioners Doug Wilson, Arnold Wiltz, Mike Brown, Bill Hartter, and Bill Bradle. Commissioner Jeff Fuerst arrived at 6:31 p.m. Chairman Mel Joos was absent as was Commissioner Gary Moehle and Commissioner Jeff Borders.

Commissioner Hartter moved and Commissioner Bradle seconded to approve the minutes of the July 5, 2007 Planning Commission meeting and the minutes of the August 1, 2007 Planning Commission meeting, as presented. Motion carried unanimously by voice vote. 

A public hearing, for the purpose of hearing a proposed amendment to the Subdivision Code, Section 152.022 "Sidewalks" for the purpose of adding or deleting text, was opened for comment at 6:31 p.m. There was no public present and the public hearing was closed.

P&D Director Oliphant explained that new text is based on recommendations from the City Attorney and is underlined. The primary purpose of the amendments is to indicate that the sidewalks would be effective for all new developments or subdivisions. It would also identify the walking space within new commercial developments that would be constructed in addition to any required exterior sidewalks.

Commissioner Wiltz stated that Item D refers to front of buildings and some have grass in the front, and used Ace Hardware as an example. Exceptions should be considered for this type of situation. Commissioner Hartter suggested language saying that sidewalk should be on the side where the entrance is located. P&D Director Oliphant stated that there will certainly be exceptions, and if there is no parking or entrance on the front then the requirements would not apply.

Commissioner Fuerst asked why eight foot on the front of a parking lot and only six foot on the sides. P&D Director Oliphant replied that the overhang is for cars so that there would still be six foot of sidewalk when cars are parked. Commissioner Fuerst said he would assume that there would be parking blocks and P&D Director Oliphant replied that is correct. Commissioner Fuerst said that Paragraph D is pretty restrictive and there are a number of times that a six foot sidewalk would not be needed plus the overhang. He said maybe there should be a staff recommendation policy when this does not apply. He went on to say that there are many situations where there is a sidewalk and then twenty-five feet of grass and then another sidewalk and then the parking lot. He said he does not know the intent here, but this is too descriptive. There should be some discretion because all buildings are not built the same. P&D Director Oliphant replied that staff would have the authority to waive requirements when appropriate and necessary.

Commissioner Bradle stated that Paragraph G does not make a lot of sense to him. If the need is there it is there. A developer should not just be able to pay and not put in sidewalk. Vice Chairman Wilson stated that if there is a corner lot on a stub street is sidewalk going to be required on the stub street side. Commissioner Fuerst used Freedom Parkway as an example, saying the developers certainly are not going to be required to put in sidewalk all the way when there are only a few buildings. P&D Director Oliphant replied sidewalk would be constructed when the need arises. Commissioner Fuerst said that if sidewalk is not needed right now this says that the sidewalk needs to be constructed regardless. Commissioner Bradle stated that he believes that sidewalk should be constructed and paid for when the need arises. Commissioner Hartter said he does not see how the City can charge for something that is not being done, and Commissioners Fuerst and Bradle agreed. Commissioner Fuerst said he does not like Item G and Commissioner Hartter said that the owner at the time should be the one to pay for the sidewalks. P&D Oliphant stated that where sidewalks are impractical at the time, the City Council could waive requirements. Someone would have to go before the Council to request a variance from the requirements. Commissioner Fuerst asked if the Public Services Committee would be where a variance request would start. Commissioner Wiltz asked about going to the City Engineer on the matter. Vice Chairman Wilson stated that he believes that Item B is just describing sidewalks. Commissioner Fuerst said that Goodwill did not want to put in sidewalk along Constitution and neither did Neal Tire. The developer that opens up Freedom Parkway should be the one responsible for putting in the sidewalk along the remainder of Freedom Parkway. Item G says sidewalk has to be put in at the time of development. Commissioner Bradle said that this could force someone to put in sidewalk in a place that will never be used. Commissioner Hartter asked why sidewalks would be needed in front of Uftring's. Commissioner Bradle stated that there are a lot of places that sidewalk would not make a lot of sense. Commissioner Bradle asked P&D Director Oliphant if he has checked to see what other communities do and Oliphant replied other communities do something very similar to what is being recommended here. There is some variation, but most require sidewalk on both sides of the street. Most require ten foot sidewalk in commercial areas. He continued that Item H was put in so there is some recourse for the developer. Commissioner Fuerst replied that if this had all been in the code when Goodwill was built there would have been sidewalk on both sides of the street going nowhere. He agreed that there should be sidewalk on both sides of the street in residential development, but said he doesn't see as it is necessary for commercial. P&D Director Oliphant replied that the purpose of sidewalk is not just for the business, but is more for people to get from one area of the city to another. He used N. Cummings Lane as an example and residential development across the By-Pass. Commissioner Fuerst said we are soon going to have a motel and possibly a restaurant, so how are people going to get around that area. Commissioner Hartter said if sidewalk goes to Cruger Road where is it going to go from there. Vice Chairman Wilson pointed out that there a lot of people who walk and who walk pretty good distances. P&D Director Oliphant stated that this all brings us back to Item G. There are a lot of areas where sidewalk is needed. Commissioner Fuerst said that is all o.k. if there is somewhere that this says that the end user is the one who is responsible for putting in the sidewalk. Commissioner Bradle said that he would feel much more comfortable with this if it were done case by case. Commissioner Hartter said that he would want to see the money for sidewalks set aside strictly for sidewalks and not put into the General Fund.

Commissioner Fuerst said the whole problem is that this is tying residential together with commercial and industrial. Maybe residential should be separated out and these restrictions only apply to commercial/industrial. Commercial and industrial should be together and residential should not be subject to a waiver. Commissioner Wiltz said that he likes the idea that these requirements only apply to commercial and industrial and that residential would be separate. Commissioners Bradle, Fuerst and Wilson agreed.

Commissioner Bradle moved and Commissioner Fuerst seconded to table this matter until staff can come back with revisions of Item D and G and separate commercial/industrial and residential. Commissioner Fuerst asked P&D Director Oliphant to check with Metamora and see what they do regarding this matter. 
On roll call on the motion to table the vote was: 
Ayes: 6 Brown, Hartter, Wiltz, Fuerst, Bradle, Wilson 
Nays: 0 
Motion declared carried.

Staff Reports - P&D Director Oliphant reported to the Commission that October 10-12 the Illinois American Planning State Conference will be held at the Pere Marquette and the Civic Center. He stated that this is a good conference and if any of the Planning Commission members are interested in attending to let him know. There is a reduced rate for Planning Commission members.

There was no additional business and at 7:20 p.m. Commissioner Wiltz moved and Commissioner Bradle seconded to adjourn. Motion carried unanimously by voice vote.