VILLAGE OF MANTENO
PLANNING COMMISSION MEETING
June 14, 2011
The meeting was called to order at 6:00 p.m.
Roll Call: Present: Todd Creek, Dan McGowan, Melvyn Marshall, Jerry Dole, John Fetherling, Joe Kerwin, and Francis Smith
Absent:
Attendance: Jerry LeSage, Director of Building & Zoning; Trustees Annette LaMore, Diane Dole, Todd Crockett and Joel Gesky
Pledge of Allegiance – Chairman Smith
MOTION: A motion was made by Fetherling, seconded by Creek, to waive reading of the minutes of May 10, 2011, and accept them as presented with the following changes: Add language about recouping the costs of providing downtown parking through recapture fees and also add about the bus shelters need to be invisible and blend in. Also that advertisement signage could be a target of vandalism. Motion approved 7-0.
PUBLIC HEARING:
Chairman Smith opened the public hearing portion of the meeting. The public hearing is to hear comments concerning two proposed zoning ordinance changes 1) language clarifications involved with LED signage and 2) allowing the installation of bus shelters with advertising.
Jerry LeSage, Director of Building & Zoning, stated that even though the village has allowed LED signs in the past the ordinance is not clear. Our attorney is recommending that we make a clarification as it relates to LED signage. Our attorney has provided us with the language.
Chairman Smith asked Jerry if the bus shelter ordinance change speaks to signs placed outside of the right of ways. Jerry stated that other parts of the village code handle signs that are placed or want to be placed outside of the public right of ways.
Chairman Smith had received phone calls concerning the village pulling signs that were even in private yards. Jerry stated that according to our village code, these types of signs fall under the definition of “billboards” and they are not allowed in our village. Some of these signs have been from non-profits, churches, schools, but also businesses.
Jerry reminded the commission that tonight’s issue of the exception of off-site advertisement on bus shelters is separate from the issue of signs in people’s yards.
Trustee LaMore stated that at the Planning/Zoning Committee meeting it was decided to not pull non-profit signs from yards. Jerry stated that his understanding and direction from the Mayor and from the committee meeting was that he and Bernie Thompson, Acting Village Administrator, along with our village attorney were to prepare some guidelines and come back to the committee with recommendations.
Chairman Smith is concerned that we are penalizing the non-profit organizations by not allowing them to advertise their events or organization. Trustee LaMore has also received calls about signs being taken from yards. Trustee LaMore also suggested that it might be possible to have the Building & Zoning Department keep track of those non-profit organizations that have signs up.
Commissioner Creek stated we need to be careful that we don’t over regulate, we need to use common sense.
Trustee Crockett stated that we need clear direction for the Building & Zoning Department on how to handle off-site advertisement signs.
Jerry LeSage stated that he had sent an email to the Village Trustees that was from our village attorney talking about this very issue and that even the Supreme Court is divided on how to regulate signage. Jerry cautioned the commission that people’s 1st Amendment rights will need to be considered, if you allow certain organizations and not others to put up signs.
It was questioned as to why we would allow River Valley Metro to advertise at the bus shelters and not allow non-profit organizations to put up signs.
Jerry asked Chairman Smith if his understanding of the discussion that was taking place was that the group would allow for non-profit groups to put up off-site advertisement signs but would not allow for local businesses to use off-site advertisement signage. Chairman Smith stated “yes”.
Again Jerry stated that the continued conversation regarding off site advertisement was not on the agenda.
There were no comments from the public.
Commissioner Creek did ask about the lumens on the LED signs. Are there restrictions? It was asked that Jerry do research to see if there are any standards concerning the illumination of the sign.
Chairman Smith closed the Public Hearing.
NEW BUSINESS:
MOTION: A motion by Kerwin, seconded by Creek, to approve Plan Commission Recommendation 11-01, a recommendation approving an amendment to Section 9-13-14(F) of the Manteno Zoning Ordinance to allow LED and similar changeable electronic variable message signs. Motion approved 7-0.
Commissioner Fetherling made a motion to deny the Plan Commission Recommendation to allow the exception of installation of bus shelters with advertising.
Commissioner Fetherling withdrew his motion after a short discussion to table the issue until information about cost of the shelters and whether River Valley Metro would still build them if they could not advertise was held.
MOTION: A motion by Fetherling, seconded by McGowan, to table the Plan Commission Recommendation to allow the exception of installation of bus shelters with advertising. Motion approved 7-0.
OLD BUSINESS: None
Comments: None
MOTION: A motion by Kerwin, seconded by McGowan to adjourn the Plan Commission meeting at 6:55 p.m. Motion approved by voice vote.
Minutes respectfully submitted by Darla Hurley, Deputy Village Clerk
Plan Commission Minutes, Page 3/3