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Commission backs a payment‑in‑lieu option for sidewalks but amends review step to be staff-determined
Summary
The commission recommended forwarding a Title 20 UDO amendment to allow payment in lieu for required sidewalks and multiuse paths but adopted an amendment shifting final determinations from the commission to city planning and engineering staff; the amended resolution passed 5–3.
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The Transportation Commission voted to forward a proposed amendment to the Unified Development Ordinance (Title 20) establishing a payment‑in‑lieu option for required sidewalks, paths and trails, but after an amendment the commission limited its own review role and made the department determination the final step.
Jackie Scanlon, planning and transportation assistant director, said the payment‑in‑lieu concept would replace the previous determinant sidewalk variance arrangement that allowed developments to defer construction. Under the proposed change, developers who cannot immediately build required pedestrian facilities for specific listed reasons could pay a fee calculated using the engineering department’s annual construction cost estimates. Those funds would go into the alternative transportation fund for prioritized pedestrian and bicycle projects. "We don't actually call them in," Scanlon said of existing determinant variances; "we have a lot of them, and, in the 10 years I've been here, we've never called one in." She described the payment option as clearer for property owners and potentially more beneficial to the community.
Commissioners asked how the fee would be calculated and whether staff or the commission should make the final determination on requests. Commissioner Stossberg moved an amendment to make the department's determination final rather than requiring the commission to hear each request. Concerns were raised that eliminating commission review could leave applicants with less recourse, but supporters said it would reduce the commission's agenda load and mirrored how other city programs are administered. The amendment passed and the amended resolution was adopted by roll call 5–3.
The approved language specifies that requests for payment in lieu will be "determined by the city of Bloomington planning and transportation and engineering departments and evaluated based on the criteria set forth" in the ordinance text. Staff said they will work with engineering to set the fee schedule and that the funds will be programmed through the alternative transportation fund subject to council approval during budgeting.
Next steps: staff will forward the amended UDO language to the Plan Commission and Common Council with a positive recommendation and work with engineering to set annual fee calculations.

