VILLAGE of SUGAR GROVE

CALL TO ORDER

The regular meeting of the Plan Commission/Zoning Board of Appeals (ZBA) was called to order by Chairman Ochsenschlager at 7:00 p.m. in the Village Board Room.

ROLL CALL

Plan Commission/ZBA Members present:

Steve Benesch, Brian Schiber, Andy Konovodoff, Irv Ochsenschlager, Ryan Reuland,

Absent: Bob Dray, Ed Saloga

Quorum present

Also present: Scott Buening, Community Development Director, Mike Ferencak, Associate Planner, Nancy Zak, Recording Secretary

PETITION 04-011: ZONING ORDINANCE TEXT AMENDMENT

BANKS AS A SPECIAL USE WITH OR WITHOUT DRIVE THROUGH

The Public Hearing was reconvened to order at 7:03 p.m. Quorum present as at roll call.

Presentation

Buening again presented the tabled discussion on the Village petition to amend the Village of Sugar Grove Zoning Ordinance to allow Banks with, or without drive-through, as a Special Use in the B-1, B-2 and B-3 Commercial Districts.

The Village Administrator, Brent Eichelberger was to attend the meeting to explain his position on the petition, however, he was not able to come. He suggested the Plan Commission/ZBA arrive at its own recommendation after giving consideration to both sides of Staff opinions. Basically his position is stated in the Staff Report, he believes banks should be considered a Special Use, in B-1, B-2 and B-3 whether they are drive-through or not.

There is a difference of opinion of the Staff on the issue. Buening said he leans toward banks being a permitted use without drive through in B-1, B-2 and B-3 and a Special Use in B-3 with a drive through.

Ochsenschlager explained the issue to the public in the audience. The issue that brings about the petition for a change in the Zoning Ordinance is that banks do

not pay any sales tax. Whereas, if there was a business selling products, the Village could collect sales tax from that business. The Village would be benefited. There have been some communities that have limited branch banks, because of that. The issue has come before the Village and thence the Plan Commission/ZBA for a public hearing on whether Sugar Grove should limit, by way of making banks a special use, so that each time one came in they would have to come before the Plan Commission/ZBA and Village Board giving the Village more control and a better gauge whether the Village would want a bank or if it felt there was a better business that would go on the site that would generate more revenue.

That is one side of it.

The other side is that banks can produce an increase in property taxes because they build a structure that has more value than an empty site, therefore the Village can get property taxes from it.

There is always the issue of the free enterprise system. Why should the Village categorize banks in a special area, whereas other businesses aren't categorized in that area?

Stan Rzeminski, 325 Calkins Drive, stated he was against any more banks or even a special use for banks in the Village. They don't give the Village a thing.

The Village doesn't collect a thing from them and they are making money on the citizens and Village. Going back to the 60's with a gas station on every corner, they all went out of business.

With no further public comments, Ochsenschlager closed the public hearing at 7:07 p.m.

Discussion on the motion:

Konovodoff stated Sugar Grove currently does not have an overabundance of banks. We're aware that banks don't pay taxes. In a minute the Plan Commission/ZBA could be instrumental in an ordinance being passed the way staff would like it to be. What he would not want to do is to create an environment for potential commercial developers to shy away from Sugar Grove.

However, he didn't believe that would be true either. Banks will find a way to work within any system, whether through a Jewel-Osco or drive-through or any regulations the Village may have. The Village doesn't have an overabundance of commercial and the Village is looking for it. He didn't want the Village to make it restrictive. As rooftops come, more banks will feel the pressure to get into the system. Today the village doesn't have that problem. He felt the Village should let it be a free market for people to come to do business, so the Village can get the revenue the Village is looking for.

Benesch said he would like to see some other things added on besides banks. But banks are at issue at this time. He approved of making banks a special use. If a developer comes in and wants to have a bank, it's just more paperwork for the developer, staff and the Plan Commission/ZBA. It's gives the Village one more notch of control if the Village starts to see there's a lot of banks. He would like to see the special use for banks implemented in case the Village does have to restrict banks.

ROLL CALL VOTE ON THE MOTION

AYES: REULAND, SCHIBER, BENESCH, OCHSENSCHLAGER

NAYS: KONOVODOF

Chairman Ochsenschlager opened the public hearing on Petition 04-012 at 7:14 p.m. Quorum present as at roll call.

The petitioner in this case is Gary Duchesne of Cellular Corp. The request is that a Special Use be granted in the R-2 Single-Family Detached Residential District for a Cellular Telephone Antenna at the location of 75 Railroad Street. The Petitioner proposes to add a cellular phone communications antenna to the existing Village water tower and communication antenna facility.

Duchesne stated U.S. Cellular Corp. Customer Service receives calls from area residents where there are problems with reception. As the complaints go through the corporate system, they keep track of the number of calls received. The engineering department then sends people out with test equipment and they find out what kind of problems exist with reception in this area. There are other areas in this region that they check for problems because of Customer Service notification of problems with reception. There is a business decision to be made. This year U.S. Cellular Corp. has allocated money for Sugar Grove to add antennas to improve coverage. Their experience in dealing with a number of other municipalities has proven co-location is preferred. As opposed to building a new tower, U.S. Cellular does try to co-locate on buildings and existing towers. If U.S. Cellular can find water towers, that's a good location for antennas. In this case U.S. Cellular did find a water tower in that area it was looking to cover. A water tower isn't aesthetically pleasing structure as it is, by adding an antenna to it doesn't detract.

Ochsenschlager asked if there was going to be a structure erected next to the water tower that would have Cellular's equipment in it? Duchesne responded there would be a service and equipment building. Drawings of the structure were then distributed to the Plan Commission for review.

It's a typical structure that is found at most cellular installations.

Duchesne stated the water tower itself is 152 feet in height. U.S. Cellular is proposing the cellular antenna will rise to 168 feet.

Ruth Franz of 214 Maple asked about the lights. Duchesne was asked if the lights would be relocated. He said yes they would. They do have to get FCC approval. In respect to if there are any environmental concerns, Duchesne said they have to meet FCC regulations. The equipment would be tested with the documented results sent to the FCC.

Rzeminski asked if the Village would get any compensation for the antenna being installed on the Village water tower? Buening stated the Village would receive remuneration.

Bill Kek asked if there were any environmental concerns emanated from the towers themselves, equipment and so forth? Duchesne stated they have to meet strict FCC safety concerns in terms of RF signals and we have to put them in elevation and test them against their documentation into the FCC. Kek questioned, if there was no radiation for the people around the area. Duchesne, said the FCC has considered them safe.

Ruth Franz of 214 Main Street asked if the Village had already approved the petition? Buening said no, it has not. This hearing is for the use itself. Any antennas have to get a special use with the Village. This petition will move forward with the proposed lease to the Village Board at a future date. They will move to get it at the same time to the Village Board. The Village Board will approve of the lease right before they approve this Special Use.

Duchesne pointed out there's another cellular carrier (Verizon) there. U.S. Cellular Corp will be the second carrier on that water tower.

Samanski asked if it was mentioned earlier that the light has to be moved higher.

Duchesne answered yes.

Mr. Craigbaum of 92 Maple and Bear Wegener of 239 Route 47 also had comment and questions asking if the U.S. Cellular antenna was bigger than the one that is currently on the tower? Duchesne said it would stand higher than those that are existing on the tower.

With no further comments or questions, Ochsenschlager closed the hearing at 7:21 p.m.

Schiber made comment, as an engineer he was offended that Duchesne said water towers were not aesthetically pleasing. However, he did like the use of the water tower for the antenna. He asked Buening if the building they will put up and easements needed would in any way conflict with Village operations. Buening answered no. Most of the Village operations are not out there now.

Benesch noticed there's a GPS antenna mounted to the ice bridge post. Duchesne explained it was for equipment diagnostic purposes only.

Ochsenschlager noted U.S. Cellular would also have to get FAA approval regarding heights because of the airport's proximity. Duchensne said yes, they have the FCC approval and FAA, a lot of agencies they need to get approval from.

Konovodoff thought the antenna and service building were so subtle, as not to be noticeable.

NEW BUSINESS - None

OLD BUSINESS - None

Stillwater - The developer is still working through issues brought up by the Village Board. It is expected the project may be ready for approval in September.

550 Merrill Road - The drainage issues remain to be worked out by the County.

Mailbox changes - The Village Board has decided to go back to allowing masonry mailboxes. The Board is drawing up standards for construction. The reason the mailboxes were going to be allowed was because the Village Board thought they do have a nice appearance.

128 N. Buckingham and Green Hills Court have been approved by the Board and recorded.

4 Yorkshire Court - Board approval is expected at its meeting, September 7.

Nickels Division - The petitioner decided to proceed with the division and is in the process of drawing up an agreement.

Raging Waters - Water park. The Village is waiting for them to submit an application.

Anticipated projects to come before the Plan Commission/ZBA:

Settlers Ridge Subdivision - The petitioner is looking to have a special meeting scheduled in September.

Villas of Prestbury-Meadowview Villas - A proposed age restricted townhome development south of Walnut Woods

Hannaford Farms - May be on the agenda for the September meeting.

Neumann Homes - Is proposing a subdivision on Prairie and Route 47.

They have new plans and hope to be scheduled within the next few weeks.

Sugar Grove Diner-Jerry's Eagle Lounge at the airport site. No information is known about its reopening.

House of Plenty - The restaurant will re-open, but under a different theme, that of a steak house with lunch fare.

JR's Retreat - Chicago West - The owner indicated he has plans to re-open September 11.

News Reporter.

Ochsenschlager introduced Leslie, the reporter from the "Daily Herald" who will be covering Sugar Grove news.

Benesch again brought up the problems existing at this intersection.

He noticed that when the traffic signal was re-timed at Route 47 and Bliss, the back-ups started at Cross and 47. Buening said he would be attending a meeting at IDOT the next week and will bring up this issue. Benesch questioned if there were not sensors in the road to effect the light's timing. Buening stated there usually are. But perhaps those at that site have been worn out. A member of the public stated it was almost impossible for a pedestrian to cross at that intersection because of the shortened light timing.

The meeting was adjourned at 7:27 p.m.

Respectfully submitted,

Nancy Zak, Recording Secretary