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Plan Commission Meeting Minutes 2023

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Meeting Minutes

01-04-2023 Plan Commission

January 4, 2023 Plan Commission Meeting Minutes

CALL TO ORDER:

President John Kennedy called the St. John Plan Commission Regular Meeting to order on Wednesday, January 4, 2023 at 7:00 P.M., and led all in the Pledge of Allegiance.

ROLL CALL:

Members Present:

Commissioners present in-person: Robert Birlson, Vice-President; Jon Gill, Yolanda Cardona, Secretary; Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy, President.
Also present in-person: Jon Dykstra, Town Engineer; Bryan Blazak, Town Council Liaison; and Sergio Mendoza, Building and Planning Director.
Absent: Adam Decker, Board Attorney and Joseph Wiszowaty, Town Manager.
A quorum was attained.

ELECTION OF OFFICERS

President Kennedy took a moment to thank former Commission member Jason Vlasic for his years of service on the board, and welcomed Gena Lauridsen in his place.

President
Mr. Gill made a motion to nominate John Kennedy as President, seconded by Mr. Valois and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None

Vice President
Mr. Gill made a motion to nominate Robert Birlson as Vice-President, seconded by Mrs. Cardona and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None

Executive Secretary
Mr. Gill made a motion to nominate Gena Lauridsen as Executive Secretary, seconded by Mr. Gomeztagle and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None

Appointment of a Plan Commission member to the Board of Zoning Appeals
Mr. Gill made a motion to appoint Yolanda Cardona to the Board of Zoning Appeals, seconded by Mr. Birlson and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None

MINUTES

December 7, 2022 Plan Commission Regular Meeting Minutes
Mr. Birlson made a motion to approve the December 7, 2022 Plan Commission Regular Meeting Minutes, seconded by Mr. Gill and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None

PUBLIC HEARINGS:

OLD/NEW BUSINESS:

A. 2020-12 THE GATES OF ST JOHN UNIT 21B: Request for extension of Primary Plat for 25 single-family residential lots, part of the original 108 acres on the east side of Cline Avenue between 101st and 109th Avenues; zoned: R2-PUD (Single-Family Residential Planned Unit Development), part of the original 108 acres of “Gates East”; Steve Kil (LBL Development).
President Kennedy explained that the extensions needed to be corrected from the previous meeting based on when the original primary plat approval was given and the contingencies lifted.

Board Action
Mrs. Lauridsen made a motion to extend primary plat approval to July 2, 2023 for The Gates of St. John Unit 21B, seconded by Mr. Birlson and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None

B. 2021-09 PARRISH WOODS: Request for Primary Plat Extension and Proposed Final Plat of Parrish Woods, 27 single-family residential lots at 11115 Parish Avenue, the northeast corner of 113th Avenue and Parrish Avenue; zoned: R1 (Single Family Residential), 20 acres; Ryan Fleming (ElevenTen, LLC.)
Ryan Fleming, ElevenTen LLC, stated we are here requesting an extension of primary plat approval as well as final plat approval for Parrish Woods. We currently have about $85,000 worth of work left on the lift station, which is ongoing. President Kennedy asked the status of the lift station and if a date of completion was known. Mr. Fleming stated the lift station should be completed within the next thirty days. The structure is there on site, and there will also be money submitted as part of the surety once those numbers are finalized and confirmed with the reviewing engineer, Kenn Kraus. Mr. Birlson asked if all of the lift station materials were onsite. Mr. Fleming stated everything but the backup generator, which should be here in thirty days. No matter what, that was always going to be part of our contingency plans and included in the letter of credit.

President Kennedy stated if one extension was given it would take us out to February 26, 2023. He asked Mr. Fleming if he felt that was enough time to complete the lift station. Mr. Fleming stated yes. President Kennedy stated we also need to discuss the waivers that are being requested. One is the stormwater inlets that were required to be round, but rectangular covers were installed instead. After discussion with Mr. Valois it sounds like it would be acceptable to leave those as is rather than tearing them out and replacing them. The other issue is the placement of the b-boxes, which Public Works has been working with Mr. Fleming to come up with the best solution. Mr. Valois stated he met with the petitioner yesterday and the area of issue was mainly within the inner portion of the subdivision. We discussed moving those back to sixteen feet from the curb line, behind the sidewalk, on each lot. The majority of the outer lots sit at eighteen feet from the curb line, which is okay because the water main is further back. Mr. Fleming did agree to have the builders move the b-boxes back once the lots start being developed, and that he would put that in writing as well. Mr. Fleming stated that was correct. As the builders start to build on their lot, when their service comes out to extend to the b-box we will find the marriage in the middle of where we want it to be so that we avoid any problems that might have been caused by us moving them. Doing this all at once will help avoid concern of coming back to fix something in the future. We are hoping this is an amicable solution when it comes to the waiver we are requesting. Mr. Fleming stated there is currently about $20,000 reserved as part of the letter of credit for this issue, so that will be submitted in conjunction with a document stating the agreement that is being made. Building and Planning Director, Sergio Mendoza, stated he agreed with Mr. Fleming in that we would want some type of surety along with the agreement just in case they do not perform in moving the b-boxes back.

President Kennedy asked how this process would be handled within the Building Department. Mr. Gill stated after the foundation is poured the builder will hook up the water, sewer, and storm utilities. When that is done, we can verify the location of the b-box. President Kennedy asked if the Building Department was also comfortable with this proposal. Mr. Gill stated he believed this is the best case scenario for the fix. President Kennedy asked the Commission’s opinion on waiting to receive the letter before acting on the waiver. Mr. Fleming stated he would ask the Commission to approve the waiver contingent on the letter since it was just yesterday that they came up with this solution. We would like to move forward with an official decision on the final plat, if possible, because we do have eighteen of the twenty-seven lots sold. President Kennedy stated he would entertain the decision, but there have been concerns on giving final plat without a functioning lift station previously, plus we do not have the letter of credit or bond submitted yet. Mr. Fleming stated even if a builder pulls a permit in the next thirty days, they will not need services for another ninety days. That is also the point of having the surety in place as well.

Mr. Birlson asked when construction started. Mr. Fleming stated late April of 2022. We pumped the breaks for a period of time due to the lead time of the lift station, and then the concrete shortage that hit us as well. Mr. Birlson asked when the Commission approved the primary plat. Mrs. Lauridsen stated the contingencies on the primary plat approval were lifted on August 26, 2021. Mr. Fleming stated we did not want to take construction in to the winter because we would not have been able to lay asphalt, so the intention was spring, but then we ran in to the extended lead time with the lift station that pushed us back again.

President Kennedy asked if the letters from Mr. Kraus that were in-hand are up to date. Mr. Mendoza stated in his discussions with Mr. Kraus, a report was needed from the inspections that were done on Tuesday morning in order to adjust the letter of credit. He stated he was not sure if the review included the relocation of some of the b-boxes, but we can reach out to let him know that needs to be a part of the letter of credit.

Board Action
Mr. Valois made a motion to extend primary plat approval by six months to February 26, 2023, seconded by Mr. Gill and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None

Mr. Birlson made a motion to approve the waiver of round inlet covers, seconded by Mr. Valois and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None

BOARD DISCUSSION/QUESTIONS/COMMENTS
Mr. Fleming noted that the correction of the b-box will be at their expense, not the builders. He also stated that his attorney is already drafting an agreement regarding the correction as well. Mr. Fleming stated that there are thirteen lots that have b-boxes that will need to be moved; lots 4-6 and lots 19-28.

Board Action
Mr. Gill made a motion to approve the waiver of the location of b-boxes on lots 4-6 and lots 19-28 provided the Commission receives documentation from the developer that the b-boxes will be located at the proper area on the lot as each home is built. The motion was seconded by Mr. Birlson. Mr. Gomeztagle asked if a contingency could be made to have our attorney review the letter. Mr. Gill amended his motion to include counsel review of the letter between the developer and home builders that will be relocating the b-boxes. The motion carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None

BOARD DISCUSSION/QUESTIONS/COMMENTS
President Kennedy stated it seems like the letters from Mr. Kraus that are in-hand are out of date and do not reflect accurate numbers for the letter of credit/surety bond. If we are taking any action on the final plat approval tonight, we need to have a letter to read in to record. Mr. Fleming stated the November 30, 2022 letter is the most accurate, but we are asking that the line for the lift station be adjusted as well as the street signs, which have been paid for. Those are the only two items that would need to be changed. Mr. Fleming stated, if it is the desire of this Commission to move forward, we ask that a motion be made that includes the surety to not be higher than what is noted on the November 30, 2022 letter since those numbers will likely come down significantly once another review is completed. President Kennedy stated he understood Mr. Fleming’s point, but the Commission is trying to wait until everything is in order in order to not have any more contingencies that the Planning Department then has to be in charge of following up on to make sure they are completed. Mr. Gill stated with all of the contingencies we have already given tonight and the letter that is needed, it would be prudent for us to defer this item so that the first week of February when he comes back, everything should be in line for the final plat.

Board Action
Mr. Gill made a motion to defer the final plat of Parrish Woods, seconded by Mr. Birlson and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None

Mr. Fleming asked if he would be able to proceed with the recording of the mylars in February once the decision is made on the final plat. President Kennedy stated hopefully the lift station will be complete in thirty days as stated. Mr. Fleming stated your Ordinance allows for sureties to be put up for items like that and that he would kindly ask the Commission to consider that come February when a decision is made on the final plat.

C. 2021-25 ST. JOHN COMMONS: Proposed Final Plat of St. John Commons Phase 1, 13 cottage homes at 10201 Calumet Avenue; zoned PUD (Planned Unit Development), 20 acres; Brad Lambert (Lambert Concrete), Nick Georgiou (Georgiou & Associates), Nathan Vis (Attorney), Doug Rettig (DVG).
Doug Rettig, DVG, stated we are here tonight seeking second plat approval for phase one of the project, which includes fifteen lots because we have two lots at the end of Red Rock Place that will be included in this phase. We are platting all of the lots except for the lot that holds the commercial project. We have letters from the Town Engineer, the development fee is paid, and we have in-hand the letter of credit that is needed. Mr. Rettig stated we also have the mylars with us that can be signed, presuming we get final plat approval.

President Kennedy read in to record the review letter from Town Engineer Jon Dykstra. See Exhibit A.

Mr. Rettig stated most of the surety is for the public sidewalk and pedestrian path that runs through the development.

Board Action
Mr. Gill made a motion to approve the final plat of St. John Commons Phase 1, seconded by Mrs. Lauridsen and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays - None

D. 2022-01 LENTING’s 2ND ADDITION TO ST. JOHN and REZONE: Proposed Preliminary/Primary Replat of ARTESIAN WELLS PLAT D PT OF LOT 6 for a 2-lot subdivision, and Proposed Rezone to C-2 (Highway Commercial District), of proposed Lot 2 at 10911 W. 108th Avenue; zoned: R-2 (Single Family Residential), 7.82 acres; Dale Lenting (Property Owner).
Doug Rettig, DVG, stated he would like to discuss this project at the study session in a few weeks because there are a few different items to tackle. We would first like to come in for the rezone and then the replat, if that gets approved in order to know how to design the lot. President Kennedy stated it has been a year that this item has been on the agenda, and we do feel it would be appropriate to start the process over again. If you could discuss that with the petitioner, we would appreciate it because that may be the best approach. Mr. Rettig agreed.

Board Action
Mr. Gomeztagle made a motion to defer the primary replat and rezone, seconded by Mr. Birlson and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays – None

Mr. Rettig stated, for clarification, you just deferred the item, but you do want the process to start over. President Kennedy stated that was correct. The petitioner would need to pull the request. Mr. Mendoza stated you can request to remove the application from the agenda and reapply. In the past, the Commission has moved forward with deferrals and still required a new public hearing, but it may be best to clear everything and start fresh. We need some sort of acknowledgment from Mr. Lenting to remove the request and start fresh with both items.

E. 2022-13 SHOPS 96: Proposed Amended Secondary Plat to the PUD at approximately 96th Place and Wicker Avenue, located on the east side of U.S. 41, zoned: C-2 (Highway Commercial District), 20.74 acres; Bruce Boyer (Applicant/Owner), Doug Rettig (DVG).
President Kennedy read in to record the review letter from previous Town Engineer Kenn Kraus. See Exhibit B.

Board Action
Mr. Gill made a motion to approve the proposed amended secondary plat for Shops 96, seconded by Mr. Birlson and carried by voice vote with seven ayes.
Ayes – Robert Birlson, Jon Gill, Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, and John Kennedy
Nays - None

F. 2022-16 AMENDMENT TO SUBDIVISION CONTROL ORDINANCE ESTABLISHING A SIDEWALK, CURB AND GUTTER INSTALLATION FUND: Present Proposed Ordinance allowing payment to be made in lieu of sidewalk, curb or gutter installation in certain extraordinary circumstances as determined by the St. John Plan Commission; Adam Decker (Board Attorney).
President Kennedy stated this item will be discussed further at the next study session, but this amendment allows the Commission to request payment in lieu of the installation of a sidewalk, gutter or curb rather than granting a waiver. This money will be used at the discretion of the Town for future sidewalk installation, and the decision to allow money in lieu of the installation will still be at the discretion of the Plan Commission. President Kennedy stated Mr. Birlson had the hesitation that this will allow for more sidewalks to not be installed, but that decision will still need to be made by the Plan Commission and the petitioner will still need to show hardship. He also stated that he questioned the fee being only 90% of the cost of installation, but Attorney Decker did say that was a discretionary number and can be changed. President Kennedy asked the Commission to review the items so they can be discussed at the next study session.

Mr. Birlson stated another concern he had was that a developer would, for example, only give $2,000 but the actual cost is $15,000. President Kennedy stated the Town Engineer would determine the cost of installation.

G. 2022-04 KROPP INDUSTRIAL: Read in to Record the updated Site Plan Contingency letter from Town Engineer Jonathan Dykstra (Robinson Engineering).
President Kennedy read in to record the review letter from Town Engineer Jon Dykstra removing the contingency from the site plan approval for 41 U-Lock. See Exhibit C.

PUBLIC COMMENT

ADJOURNMENT

With no further discussion, President Kennedy adjourned the meeting at 7:49 P.M.
Bob BirlsonGena Lauridsen
Plan Commission Vice-President      Plan Commission Secretary
01-18-2023 Plan Commission Study Session

January 18, 2023 Plan Commission Study Session Minutes

CALL TO ORDER:

President John Kennedy called the St. John Plan Commission Study Session to order on Wednesday, January 18, 2023 at 7:00 P.M.

ROLL CALL:

Commissioners present in-person: Bob Birlson, Vice-President; Yolanda Cardona, Joe Gomeztagle, Bob Valois, Gena Lauridsen, Secretary; and John Kennedy, President.

Also present in-person: Adam Decker, Board Attorney; Jonathan Dykstra, Town Engineer; Bryan Blazak, Town Council Liaison, and Sergio Mendoza, Building and Planning Director.

Absent: Jon Gill and Joseph Wiszowaty, Town Manager.

A quorum was attained.

OLD/NEW BUSINESS:

A. 2021-09 PARRISH WOODS: Proposed Final Plat of Parrish Woods, 27 single-family residential lots at 11115 Parish Avenue, the northeast corner of 113th Avenue and Parrish Avenue; zoned: R1 (Single Family Residential), 20 acres; Ryan Fleming (ElevenTen, LLC.)
Ryan Fleming, ElevenTen, LLC, stated as of today the water agreement that was discussed at the last meeting is all but finalized. He stated he signed it today and sent it to the Town as well. In regards to the Letter of Credit, we have a finalized number from Mr. Kraus. He had wanted to wait to see if any more work was going to be done, but we told him that we are good with the lift station number as is so that we can keep this project moving forward toward final plat approval. In regard to the lift station, everything but some of the electric is done. The only thing related to the electric is the backup generator and that is due to the delivery date. We should have that by mid to late February. He stated we would still like to come before the Commission in February to request final plat approval so that builders can get moving on the seventeen lots that have been sold.

President Kennedy asked if Attorney Decker had any comments regarding the agreement. Attorney Decker stated he had made several substantial changes to the original agreement, which Mr. Fleming’s attorney, Jon Schmaltz, agreed to so the document in your packet tonight is the final draft that was reviewed and approved. President Kennedy stated a second Letter of Credit will be submitted for the b-boxes as well. Mr. Fleming stated that is part of Mr. Kraus’s final number for the Letter of Credit. There will not be a separate Letter of Credit. Mr. Birlson asked if the pumps were running yet for the lift station. Mr. Fleming stated not yet, but it will be well over thirty days before permits will even be pulled to start building on the lots.

Mr. Fleming notified the Commission that the road signs have been installed, but they all state Atherton rather than 112th Place and Street as shown on the final plat for the roads that run east and west. Mr. Valois made note of the issue and stated he would take care of getting new signs. Mr. Valois asked if NIPSCO service has been provided to the lift station. Mr. Fleming stated Meade started there yesterday or today so that should be completed within the next ten to fourteen days.

B. 2022-16 AMENDMENT TO SUBDIVISION CONTROL ORDINANCE ESTABLISHING A SIDEWALK, CURB AND GUTTER INSTALLATION FUND: Present Proposed Ordinance allowing payment to be made in lieu of sidewalk, curb or gutter installation in certain extraordinary circumstances as determined by the St. John Plan Commission; Adam Decker (Board Attorney).
Attorney Decker stated this is just the first draft of the Ordinance, but it is amending the Town Subdivision Control Ordinance. There was a small change regarding the construction standards of the aggregate base, but primarily the Ordinance is intended to allow the Plan Commission to make a determination that in certain circumstances where a proposed sidewalk or curbs and gutters would not be feasible or make logical sense for installation, to allow the developer to make a payment to a Town fund in lieu of the installation. The determination would ultimately be made by the Plan Commission on a case by case basis. If the Plan Commission were to allow this for a developer, they would pay 90% of the cost of installation, which would be determined by the Town Engineer, in to this fund. The intent is that the fund would then be allowed to be used to install sidewalks, curbs and gutters in other locations of the Town as determined by the Town.

President Kennedy asked if The Shrine would have been a candidate for this with their special circumstance of not having the space for a sidewalk along US41, or could we not make them pay in to something like this since it was physically impossible to run that sidewalk along the road due to the guardrail. Attorney Decker stated to be honest, if it is physically impossible, he had not given it much thought to be able to answer that intelligently. He stated if a sidewalk is required, in most instances, plans can be prepared to allow for the installation of a sidewalk. The Shrine had to deal with the widening of US 41 and their plans for expansion at the same time, which was difficult timing, but ultimately the Plan Commission would need to determine if it is reasonable to require the developer to make that payment if the installation is illogical or impractical.

Mr. Gomeztagle asked what type of liability the Town could get in to if sidewalks are not put in. Attorney Decker stated if there is no sidewalk currently and the Plan Commission determines it is impractical or illogical, there is no legal liability for that decision. Mr. Gomeztagle stated the developer can always adjust their plans to put a sidewalk in. President Kennedy stated prior to this Commission’s stance on sidewalks, we were allowing waivers, but we are finally saying if we continue this there will never be sidewalks through the Town. There are however, special circumstances where this could be utilized. He gave the example of a neighbor who developed a single lot, but the entire neighborhood did not have sidewalks so they asked for a waiver and received it.

Mr. Birlson asked the reason for collecting 90% and not 100%. Attorney Decker stated the reasoning for the 90% is to not impose any kind of penalty on the developer for the Plan Commission’s determination to make a payment in lieu of installation. The number is somewhat arbitrary, but 90% was the best to avoid the appearance of any penalty being given for the Plan Commission’s decision. President Kennedy asked Mr. Mendoza’s opinion on the Ordinance. Mr. Mendoza stated he believed that this is a tool that can be used if necessary, but the end goal is to install sidewalks even if they are sidewalks to nowhere. He stated he has seen before where a sidewalk waiver is given to an interior lot because the exterior lots do not have sidewalks, but ten years later the exterior lots go through a redevelopment process and are made to install sidewalks, but now the interior lot does not have them. It should be the mission of the Plan Commission to require some sort of walkway or pathway for pedestrians at ADA compliancy. They should show a true hardship where they cannot meet the requirement for sidewalks. Mr. Mendoza stated he also questioned the amount not being 100% of the cost and did not want to see this tool be used as a way for someone to get out of installing the sidewalk in order to pay a lesser amount in to the fund. President Kennedy asked if Mr. Mendoza saw this as a good thing for the Town. Mr. Mendoza stated it is a good tool to be used when necessary.

Mrs. Cardona stated with the way this is written, it is not a choice made by the developer. We have to decide if this is a situation where installing a sidewalk is impossible or illogical. If it is, then we move on to the fund. Short of that, if the determination is that it is possible, then they are installing sidewalks. Mr. Mendoza agreed and stated with this Plan Commission, we have seen you require sidewalks that lead to nowhere or pathways over wetland areas in order to provide connectivity. The applicant can also dedicate the right-of-way for additional sidewalks or install the sidewalks as part of this. Mr. Valois stated developers will not be able to avoid putting in sidewalks just because this fund is in place. Mr. Birlson stated he just hopes this does not become a big debate with developers wanting to try and pay 90% rather than installing the sidewalks. President Kennedy stated the only way a developer would pay in to this fund is if this Plan Commission allows for it. Attorney Decker stated that is correct. The language is that the Plan Commission may determine that the installation of curbs and gutters or sidewalks is impossible or illogical within the proposed subdivision or amendment or replat of subdivision. It is not an option for the developer to suggest that. They can make a request and an argument as to why they believe it is impossible, but ultimately it is the Plan Commission’s decision whether that is the case or not. Attorney Decker stated to address the percentage comment, it could be changed to 95% or even 100% if that is really what the intent is, to avoid any possibility that the developer be requesting that in every development. He stated he did not think that would be the case, but it could be changed.

Mr. Mendoza stated the example that President Kennedy brought up regarding an open lot that was going to be new construction is something that would fall under this if it fits the character of the existing neighborhood, and at a later date the Town can come in and install the proper stormwater infrastructure with sidewalks and curbs. With this tool there would be something there to help take care of an area like that. Mrs. Cardona stated she liked it a lot. The determination is still up to the Commission whether or not we will allow someone to pay in to the fund rather than putting the sidewalks in. President Kennedy stated a decision does not need to be made tonight. In February we can make an announcement for public hearing in March and then make a recommendation to the Town Council. Mr. Mendoza stated that was correct.

Mr. Gomeztagle asked if the word “may” should be “should” on page four, which gives us more strength. Attorney Decker disagreed. The word may is purposeful in that it is discretionary to the Plan Commission. If we substituted the word shall, that suggests that the Plan Commission must do something or act a certain way which is not the intent of the Ordinance. Mrs. Cardona stated she understood the concern, but if you read the entire sentence, it gives you context. “In extraordinary circumstances the Planning Commission may determine that the installation of a sidewalk is impossible”. That sentence in itself is allowing us the opportunity to decide when there is an impossibility or it is illogical. Attorney Decker agreed.

Mrs. Cardona asked about the percentage and stated she is good with 90%. Mr. Valois, Mr. Gomeztagle and Mr. Birlson stated they were in favor of 100%. Attorney Decker stated in his opinion, the Plan Commission could establish it at 100% and there is no legal objection in doing so. President Kennedy stated that would be something to think about. Mrs. Cardona stated she liked 90%. We require as a Town that sidewalks be installed, but if you are unable to then we will allow you to contribute in to this. It is a little bit of consideration for the circumstance. President Kennedy stated he is afraid of someone arguing that they cannot install one, so they cannot be forced to contribute to the fund. Mr. Birlson stated, the case of The Shrine, we could have told them to fill in the pond and cut the parking lot back in order to install it. It could have been done, but it was not practical. Mrs. Cardona stated what if the impossibility is created by the developer or is out of the control of the developer, like The Shrine area. We still need to hear case by case what the hardship is and revert to this. Town Engineer, Jon Dykstra, stated in the past when a waiver would be granted, no money was collected. There is a justification to not collect the full 100% because you were not collecting anything before. 90% shows you are thinking of them a little bit and shows your consideration for the circumstance. President Kennedy stated he wanted to make sure this is the right approach to not give someone the leeway out of what we want as a Plan Commission.

ADJOURNMENT

With no further questions or comments, President Kennedy adjourned the meeting at 7:31 P.M.
Bob BirlsonGena Lauridsen
Plan Commission Vice-President      Plan Commission Secretary

Meeting Video Recordings may be found on the Town's YouTube channel

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