The regular monthly meeting was called to order on Monday evening, January 4, 2021 at 7:00 p.m. by Mayor Larry Dodds.
Trustees present were:
• Charles Morefield - Aye
• David Rathke - Aye
• Benjamin Thackeray - Aye
• Carol Stephenson - Aye
• Jason Wagoner - Aye
• Vincent Beck - Aye

Also present were Superintendent Josh Hereford; Village Treasurer Connie Gossmeyer; Police Chief Ritchie Cooper; Village Attorney Kate Carter.

Trustee Charles Morefield made a motion to dispense with the reading of the minutes and approve as presented. Trustee David Rathke seconded the motion. Vote: Charles Morefield-Aye, David Rathke-Aye, Benjamin Thackeray-Aye, Carol Stephenson-Aye, Jason Wagoner-Aye, Vincent Beck-Aye. Motion carried.

Village Treasurer Connie Gossmeyer gave the Treasurer’s Report for the month of December 2020.
Beginning Balance $283,794.12
Ending Balance $261,033.95
Decrease for the month of December 2020 $ 22,760.17

Trustee Jason Wagoner made a motion to approve the Treasurer’s Report for the month of December 2020. Trustee Charles Morefield seconded the motion. Vote: Charles Morefield-Aye, David Rathke-Aye, Benjamin Thackeray-Aye, Carol Stephenson-Aye, Jason Wagoner-Aye, Vincent Beck-Aye. Motion carried.

Trustee Benjamin Thackeray made a motion to pay the bills as presented. Trustee Charles Morefield seconded the motion. Vote: Charles Morefield-Aye, David Rathke-Aye, Benjamin Thackeray-Aye, Carol Stephenson-Aye, Jason Wagoner-Aye, Vincent Beck-Aye. Motion carried.

Public Comments-Items on the agenda.

Mayor Larry Dodds read the petitions received today. One from Attorney Rich Marvel on behalf of Vicki Cole and one from Daton Getty on behalf of Getty Landscaping. Attorney Kate Carter stated she received 2 extra petitions from Attorney Rich Marvel after 5 p.m. today.

Attorney Richard Marvel spoke on behalf of village resident Vicki Cole. Rich Marvel stated they have a petition signed by 20% of the neighbors of the property at 512 N. Center Street. Rich stated he believes Ordinance 2021-01, previously known as Ordinance 2018-09, is a good ordinance and it was unnecessary to amend. He believes Ordinance 2021-02, proposes modifications to the current existing zoning code created solely for 512 N. Center Street. It will lessen the setback requirement for business zoning. Attorney Rich Marvel believes that rezoning the property at 512 N. Center Street would be considered spot zoning and will result in litigation against the village.

Village Resident Forrest Luchs, stated he was asked as a resident of Colfax to weigh in on behalf of Vicki Cole. Forrest states he has a history of purchasing property in a residential neighborhood which was later found that the local zoning was commercial. Forrest states that the integrity of the law and ordinance is an issue here. As a contractor he has he has been made fully aware of building in violation of city ordinances. Forrest states this building was not built incompliance.

Village property owner, Dan Mulcahey, stated he strongly urges the village to keep the current residential zoning. He states it is unbelievable how we have gotten here, it seems as if we are following a path one paver at a time to do something that stated out to be good intentions. It has now turned into the Board trying to serve one piece of property and not looking at the big picture. He believes this property would not be a good welcoming type of environment as an entrance to town. He believes we should follow the example of the Zoning Board of Appeals.

Village Resident Brandy Hope states she believes the Zoning Board of Appeals did the right thing by no recommending Ordinance 2021-02. She states she believes Ordinance 2021-02, strips away all the comfort that residents currently have for 2021-01. Brandy states she feels terrible for the Board to be put in this situation. She is very supportive of local businesses. Brandy asked the Board to vote on what is right and not what the popular opinion is and do what is in the best interest of everyone involved.

Michael Rigsby, President of the Colfax Restoration Project, a non-profit organization started about 2 years ago. Michael stated that this town means a lot to me. Michael states he travels all over the world spending a ton of time in towns the size of Colfax, and they are struggling. He states it is hard to keep businesses in these towns, it’s hard to keep the young people from moving out of town. Michael believes Daton Getty has been an enormous advocate for the Colfax Restoration Project and has gone above and beyond to beautify the town. The value of him opening a business in Colfax, a town he grew up in, is above and beyond. Michael Rigsby stated that Daton’s building will look great and will be nice representative of Colfax.

Village Resident Dave Breen stated he has lived here for 5 years and believes we definitely want to support the businesses. Dave stated he knows you are all volunteers on the Board and believes there needs to be more communication and we need to look at the bigger picture for planning of the village.

Village Resident Rodney Kellar states he believes there is nothing personal here no matter what side you are on. Rodney stated he is a big part of the Colfax Restoration Project. It comes down to that, directly across the street from Daton’s business was Wyant’s Shell Service. There was previously a business, Nord Insurance, operated on the property at 512 N. Center Street. He believes it is kind of shameful that people won’t give Daton a chance. It looks a lot better than the burnt down home that sat on the property for several months before anyone did anything about it. Mr. Kellar stated he believes that Daton will make the property look beautiful.

Attorney Jay Reece spoke on behalf of Daton Getty. He believes the proposed use for 512 N. Center Street is appropriate. There are currently businesses on that corner and on Highway 165. It is an ideally suited lot. They were originally told that Daton’s proposed use of the building was permitted under the residential use. It wasn’t until after that they were told they needed to request rezoning. This is not something that is going to detract or diminish the value of surrounding properties, I believe this will be an enhancement of the Village of Colfax. Landscaping business owners keep their properties beautifully maintained and landscaped and to do otherwise would dramatically affect their business. This property will also be his home. Jay states the village will see increased EAV’s and increased tax revenues with this business. Daton is willing to agree to all of the recommended restrictions and want to be a good neighbor. Jay states he believes Daton has gone above and beyond in trying to be a good neighbor to everybody. We recognize that this is an emotional issue for several involved. I believe that once this is all done you will see that Daton is a good neighbor. One of the things that we have talked about and shared, we are willing to go above and beyond to the restrictions and has indicated his willingness to close down the Center Street entrance to his property in order to minimize the impacts of the surrounding properties. The petition shows there are multiple people in Colfax who support his business.

Village Resident Jonah Beck stated that this is not spot zoning. There is a commercial business right next door. This is not called spot zoning. What people don’t understand is that like in a residential neighborhood like down by me we cannot zone it commercial because there wouldn’t be commercial zoning next door. Jonah states he believes Daton’s property is a perfect spot for business.

Village Resident, Daton Getty thanked the Village Board for their time and thanked the Zoning Board of Appeals for their time as well. Daton stated he appreciates everyone’s opinion and appreciates the neighbor’s opinions as well. Anything that comes up or they can do that they haven’t already went above and beyond for the neighbors we would do it. Daton states that he believes that he has been more than nice and has done everything he was asked to do. I have done everything that I told Mrs. Cole I would do, from putting up a fence, from letting her use his lot to her house, from trimming the trees, from holding her hand and walking her into the fire department to the ambulance shed after a meeting one night. I don’t know how much more I could do and it would be a shame to not let me run my business and raise my son in that house, in that town where I grew up. I have given a lot back to that town. Other than that, I don’t really have anything else to say at this time. If you have any questions, I would be more than happy to answer.

The first special report was given by Police Chief Ritchie Cooper. Ritchie reports the activity report for the Colfax Police Department is in your folders for review. Ritchie reported the new squad car has arrived and is currently awaiting the car markings to be completed by Fast Signs of Bloomington. Ritchie mentioned he needed to order a rear equipment box and a couple first aid kids for the squad car. Ritchie stated the brakes on the current squad car have been replaced.

The maintenance report was given by Josh Hereford, Superintendent of Maintenance. Josh reported the maintenance on all of the plows has been completed. Josh loaded and spread salt on December 16, 2020. Josh reported he installed the 30 mph sign on South Grove Street. Josh reported he cleaned and organized the maintenance shed this month.

Mayor Larry Dodds stated the Animal Control/Zoning Report is in your folders for review.

Mayor Larry Dodds stated the EMA Report is in your folders for review.

Last special report was given by Mayor Larry Dodds. Larry reported the bid packets for the well rehabilitation has been sent out. Larry reported the Village received a reimbursement from the Local Cure Program for the amount of $43,769.00. The refund was for the payroll of our public safety employees which include the Police Department and EMA Director Shane Beck. Mayor Larry Dodds reported that the 2020-21 Tax Levy was filed with the McLean County Clerk.

Finance and Audit Committee Chairman, David Rathke, has nothing to report at this time.

Police and Liquor Committee Chairman, Carol Stephenson, had nothing to report at this time.

Water and Sewer Committee Chairman, Charles Morefield, has nothing to report at this time.

Streets and Lights Committee Chairman, Jason Wagoner, had nothing to report at this time.

Maintenance and Vehicle Committee Chairman, Vincent Beck, had nothing to report at this time.

First item on the agenda was the review and approval of Ordinance No. 2021-01, An Ordinance Amending the Home Occupations Provisions of the Village Zoning Regulations. Trustee Charles Morefield asked for clarification on if this was the same Ordinance formally knowns as 2018-09 that the Village Board has repealed. Village Attorney Kate Carter informed the Board of Trustees that yes this is the same ordinance as it has now gone through the proper channels of approval.

Trustee Jason Wagoner made a motion to approve Ordinance No. 2021-01, An Ordinance Amending the Home Occupations Provisions of the Village Zoning Regulations. Trustees Vincent Beck seconded the motion. Vote: Charles Morefield-Aye, David Rathke-Aye, Benjamin Thackeray-Aye, Carol Stephenson-Aye, Jason Wagoner-Aye, Vincent Beck-Aye. Motion carried.

Next item on the agenda was the review and approval of Ordinance No. 2021-02, An Ordinance Amending Chapter 7 of the Zoning Ordinance of the Municipal Code of the Village of Colfax, McLean County, Illinois Regarding Business District Zoning Regulations and Restrictions on Property located in the Business District and Adjacent to Property in the Residential District.

Trustee Charles Morefield made a motion to approve Ordinance No. 2021-02, An Ordinance Amending Chapter 7 of the Zoning Ordinance of the Municipal Code of the Village of Colfax, McLean County, Illinois Regarding Business District Zoning Regulations and Restrictions on Property located in the Business District and Adjacent to Property in the Residential District. Trustee Benjamin Thackeray seconded the motion. Vote: Charles Morefield-Aye, David Rathke-Aye, Benjamin Thackeray-Aye, Carol Stephenson-Aye, Jason Wagoner-Aye, Vincent Beck-Aye. Motion carried.

Next on the agenda was the review and approval of Ordinance No. 2021-03, An Ordinance Changing the Zoning Classification of Certain Real Property Owned by Daton Getty located at 512 N. Center Street in the Village of Colfax, McLean County, Illinois. Trustee David Rathke asked Village Attorney Kate Carter her opinion on the rezoning of 512 N. Center Street. Village Attorney Kate Carter states she recommends the rezoning. She states currently that area is an area of mixed use. Attorney Kate Carter stated she is confident that it is not considered spot zoning. She stated she can not predict if litigation would be filed and believes she would have a strong argument for the village should it be filed. Trustee David Rathke stated we need to proceed with what would be best for the town. Trustee Jason Wagoner states this town is not what it used to be. We don’t have the businesses we used to have. Jason stated he is a neighbor to the property in question. Jason states he lives 200 ft away. He states Daton Getty has already stated he would cut off the Center Street access to the property to keep traffic down on Center Street.

Trustee Charles Morefield made a motion to approve Ordinance No. 2021-03, An Ordinance Changing the Zoning Classification of Certain Real Property Owned by Daton Getty located at 512 N. Center Street in the Village of Colfax, McLean County, Illinois. Trustee Benjamin Thackeray seconded the motion. Vote: Charles Morefield-Aye, David Rathke-Aye, Benjamin Thackeray-Aye, Carol Stephenson-Aye, Jason Wagoner-Aye, Vincent Beck-Abstain. Motion carried.

Public Comments- Items not on the agenda.

There were no public comments.

Trustee Charles Morefield made a motion to adjourn. Trustee David Rathke seconded the motion. Vote: Charles Morefield-Aye, David Rathke-Aye, Benjamin Thackeray-Aye, Carol Stephenson-Aye, Jason Wagoner-Aye, Vincent Beck-Aye. Motion carried.

Meeting adjourned at 8:40 p.m.

Respectfully submitted,
Portia Vandegraft
Village Clerk