A) CALL TO ORDER.

The meeting was called to order by Chairman Kusina, at 6:00 p.m. Members present: Bennett, Kusina, Flanders, Fels, Sitzma, Hodgson, Campbell, and Whitney

Members absent: Dobulis.

Staff present: Harsh and Manore.

B) INQUIRY INTO POTENTIAL CONFLICTS OF INTEREST.

Flanders stated he is treasurer of the Church on the agenda selling the property next door. He did not know if that was a conflict. Kusina stated he saw no conflict. No other potential conflicts were noted.

C) APPROVAL OF AGENDA.

The agenda was approved as printed.

D) APPROVAL OF MINUTES OF June 9, 2003.

Moved by Campbell, supported by Hodgson, to approve the minutes of the previous meetings, as printed. Motion carried.

E) PUBLIC HEARINGS.

1) Public Hearing to amend Sections 5.5, 5.8 and 5.12.

These are items that have been discussed at previous meetings, and studied by the Planning Commission. Comments from the audience and from the Commission were invited. As there were no comments on the proposed amendments, the following motion was made and passed.

Bennett moved, supported by Flanders, to approve the amendments to sections 5.5, 5.8, and 5.12, as presented. Motion carried.

F) NEW BUSINESS.

1) Public Hearing for Case #03-123DP - Harbor Health Club - 110 Clinton.

Hodgson asked if the proposal meets all of the requirements of the zoning ordinance.Planner Harsh stated it does.Kusina asked for any public comments from the audience.Don Voisin, who owns the property next door, asked who is the owner of the property in discussion.Flanders stated the owner is the Christ Episcopal Church, and the Diocese.Don Voisin asked if the property has been sold, or will be sold.Flanders stated the offer has been made and accepted, but the sale has not been closed.Don Voisin asked if this property would be taxable if sold.Harsh stated it would be.Voisin asked how the west side of the proposed building will be maintained as it is to be constructed to the property line.Fels asked how much space will be between the two property lines, and was told it is 10-12 feet.Jess, the purchaser, stated the building on that side will be all custom made, integrally colored masonry, which requires no maintenance.Don Voisin stated that the concrete will kill a 60-80 foot tree on his property, and others will be taken out for the project. He stated the tree on his property is beautiful and has been mentioned for possibly being used at the White House.

Discussion took place on the cost to compensate a property owner for a tree this large, as well as the aesthetic value of the tree to the downtown area.Fels asked Campbell if the large tree could be saved if the project is done as proposed.Campbell stated it could not. However, he stated if the building is moved back 10 feet from the sidewalk on the Clinton side, the project would not impact the root system of the large tree as much. It could still survive.It was explained that the City would give an easement over adjacent alleyway, which can be used by the proposed business for access, including for handicapped spaces.Don Voisin asked if the easement had already been given. Harsh stated it had not, but would be when the sale goes through.A business owner at 103 Clinton asked about the business using the easement when the fire trucks use that alleyway. He was concerned that granting this easement might mean losing parking for city employees.Discussion ensued on saving the large tree and yet providing adequate parking for the proposed building.Don Voisin asked the Planning Commission if this putting buildings right up to the sidewalk is what they want to see in the City.It was stated that in the CBD that is allowed.Jodi Lyons, in the audience, asked if the Commission could not lessen the number of required parking spaces, to get the setback we want.It was stated this Commission couldn't do that. The applicant would have to go to the Board of Appeals for variances.Fels asked if the Planning Commission asks for 10-foot setback, how many parking spaces would the applicant have to pay for.She was told he would only have to buy in for one that would be lost.Fels asked what the cost of that one space would be to the applicant.Zoning Administrator Manore stated the cost would be $4,000.Fels stated she didn't feel that was too much to potentially save the large tree.Jess, the developer, stated he would do what the City told him he has to do, in order to get the project done.Harsh stated that the Commission can state that under Item 2, on page 10, the prospective loss of a 24" conifer and 16" maple, is a reason to direct the applicant to go to the Board of Appeals on the parking issue.

John Campbell moved, supported by Hodgson, to recommend approval of the site plan for Harbor Health Club - 110 Clinton, Case #03-123DP, contingent upon moving the building 10' back from the sidewalk on Clinton Street, and putting in seven 8 ½ ` x 20' perpendicular parking spaces, including one handicap space. Motion carried.

2) Public Hearing for Case #03-16ADP - Corporate Title.

Jodi Lyons, representing the owners, stated the plan is simply modifying a 1999 site plan, filling in a back corner for an addition. The parking meets all requirements on the checklist the zoning administrator uses to check compliance.Fels asked the Zoning Administrator if the proposal meets all of the requirements of the Zoning Ordinance.Manore stated that it does.Jodi Lyons stated the applicants are taking out the front entrance, as it caused a little problem with a car parking there and blocking other cars from entering off the highway.Harsh wanted to make the Commission aware of the fact that the parking spaces are on five year leases, they could be lost in years to come. If that happens, the use of the building would be jeopardized.

Campbell moved, supported by Bennett, to recommend approval of the site plan for Case #03-16ADP - Corporate Title, as presented, noting the fact that the building leases parking spaces, and if the leases are ever lost, use of the building may be jeopardized. Motion carried.

G) OLD BUSINESS.

1) A letter was received from Nancy Bottomly, of Community Health, thanking the Planning Commission for its work on Assisted Living Facilities. The letter will be placed on file.

H) PUBLIC INPUT, NOT RELATED TO OTHER AGENDA ITEMS.

Don Voisin, in the audience, asked what we need to do to change some of the things in the ordinance. He was told that he would need to get involved and work to get the changes made.

He also commended the Commission on its efforts to work with Bob Jess on his project. Feels the City should work on keeping the City green.

I) FUTURE AGENDA ITEMS.

Manore stated there would be some things coming up. She mentioned one item that is being discussed, but not actually in the process, is the removal of the McDonald Building, and putting in a Family Video, with fast food on the end of it. It is just in the discussion stage at this time.

J) ADJOURNMENT.

There being no further business to discuss, Fels moved, supported by Bennett, to adjourn. Motion carried.

Respectfully Submitted,

Barbara A. Fels

Secretary