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Village Board approves zoning requests, reverses committee
recommendation on one of them; Trustee Black resigns
The Village of Riverton held a Truth in Taxation hearing at 6:30 p.m. Dec. 21. Treasurer Tim Laffey began, stating last year $141,300 was received; this year $159,975 is
proposed. It was then opened up to public comment. No one from the audience spoke.
Trustee Faires asked, “Can we clarify what the attorney was telling us about the tax levy and why we’re matching?” Anytime we increase over 5 percent we have to hold this
hearing; the library, independent of us, has requested theirs at 13 percent, so we are matching theirs to provide an equal distribution of funds. Trustee Faires clarified, “If the
library says they’re doing a 13 percent increase, and we say we only want a 3 percent increase, that all goes into the same kitty and the library gets the lion’s share of it; our
village tax revenues on the different corporate, police, that type of thing, goes into that kitty. So by us going with the same percentage of tax levy, we’re just requesting to the
county that we’d each like to have this percentage. Whatever inflation is, the county will only increase the tax levy by that amount. Thirteen percent sounds like a lot, but we will
each get the same increase that the county grants; not that we’ll get 13 percent. The county won’t allow that. Any questions?” None were voiced from the public, and
Treasurer Laffey closed the hearing.
Another special meeting to discuss zoning requests will begin at 6:50 p.m., Mayor Todd told the audience.
Attorney Myers began the special meeting on annexation and zoning. He explained that the annexation and rezoning under consideration for the property at Old Rt. 36 and
Camp Butler Road. When a landowner wants to annex in and wants to rezone, it’s all set out under the municipalities code. Statutes, zoning features and legalities were
discussed by the attorney. A public hearing on zoning is required, and that was held Dec. 16. Monday was the hearing on the annexation agreement and zoning, and the
public can comment.
Jess Moats spoke on behalf of Danny Trader, who is involved with the property. He would like to see it annexed, because Riverton needs to be pro-growth and it seems like
the village is landlocked. There seems to be a lot of potential in that area, Moats said, and he hopes trustees favorably consider it. He did say J&J’s concrete pumping trucks
are heavier than what Mr. Trader would be using, in terms of wear and tear to the road in that area.
James Trader, who bought the property, then spoke; he had plans and photos for trustees to see, and said he’d spent approximately $12,000 to clean it up, as the photos
will attest. He plans to put a chain link fence all the way around the property; they’ll stay 30-40 feet off the main drag, because they have a circle drive there now. The big
concern he’s heard is about pole barns, but he noted that several properties around have those or large sheds. Mr. Trader said the road has been used for commercial
vehicles all this time by these other businesses, and he’s open to recommendations on what else to do with the property. They’d like to do more landscaping with the
property and make it look nicer; Mr. Trader responded to questions regarding each parcel in involved on the property — one is zoned as B3 and the other is R1, he said.
Mayor Todd asked if the trucks would be in and out all day long? No, on the south side they go out Rt. 36 at 6 or 6:30 a.m. and are back by 6 p.m. Trustees asked additional
questions about fencing and intended building use. Trader would like to use the building to house his trailers. Trustees looked at the photos and plans Mr. Trader brought.
He wants to expand his business.
Mayor Todd asked if anyone else wanted to speak. Ms. Janine Nydegger, who owns the property directly south of the proposed annexation of lot one, is opposed to its
rezoning. There was a brief discussion among her, Chuck Stone and the village attorney on property lines. The request to rezone by the previous owner went to Sangamon
County twice, it was denied twice. She submitted 13 signed petitions against it in 2008. She said Mr. Trader knew there were zoning issues with it when he purchased the
property.
Her concern is being dropped in the middle of all these commercial buildings; the previous zoning change was not something she was notified of. Trustee Faires asked why
she didn’t go to Sangamon County about that, and she replied she would support Pam Blankenship in that, should she decide to go that route. Attorney Myers told trustees
that the first ordinance concerning these properties is the agreement, and the second ordinance is the one that actually adopts it. Trustee Pottier asked if there was anyone
else? Mr. Moats brought up the issue of homestead exemption during July 2007 on the property in question, and it was not granted because it was not commercial at that
time.
Ms. Pam Blankenship, who lives directly north of the property in question, then spoke. Their concern is once it’s given commercial zoning, it’s always commercial, and what
could happen with the property in the future. She has photos of the property, if trustees are interested in seeing them. There’s no other commercial property on south Camp
Butler Road, and residents are concerned about property values dropping. She confirmed with Chuck Stone that the property is not currently in the Village of Riverton, and
noted that the Zoning Committee voted against it Dec. 16. What possible value would annexing have to the Village of Riverton, she asked? All of the neighbors on that side
of the road are opposed. This will affect their qualify of life. She asked trustees if they’ve driven out that way? Some had; others reviewed photos, petitions and talked about
property’s history. Residents talked some more, and then Jim Good, who was in the audience and is with the Sangamon County Board, stood up to say the county grants
use variances rather than change zoning. He gave an example that once the Greenhouse was torn down, then the property reverted back to R1. It was a use variance.
Attorney Myers gave a short opinion on the possible history, and residents asked that the residential area be respected along south Camp Butler Road.
Mayor Todd mentioned seeing the “for sale” signs on north Camp Butler road as commercial property, which he and residents discussed. That is on the other side of
Roselawn Cemetery. This public meeting was closed at 7:32 p.m.
The regular village board meeting got underway; the minutes from the Dec. 7 meeting were accepted and bills were approved for payment, both 6-0. “People on the Agenda”
included Mark and Kristen Yoggerst, regarding the zoning change request for the property on 7th Street. Their house is in Riviera Subdivision and their backyard will abut any
business development if the property is zoned commercial. Mrs. Yoggerst said they’d moved to Riverton four years ago and told trustees she doesn’t understand the concept
of the need for a bigger and better Dollar General at the expense of residents surrounding the land. Most people live in Riverton because of the simplicity, she said;
Springfield is just five minutes away, but when you add the talk of fast food chains and larger stores, we wonder if this is consistent with what residents really want.
Changing a property to commercial that is surrounded on three sides by residences will affect the property values of those residences and encourage people to sell, and will
have a trickle effect on other properties. Most towns promote growth on the outskirts of residential areas, not in the middle. People are not going to buy more, jobs are not
created, they’re transferred. She asked trustees to consider how they would feel if a new Dollar General were going up against their back yard.
Mrs. Candy Lamkey spoke next, saying she and her husband have lived in their current house for almost six years, and have been very active in the community, and have
three children. Their house is directly north of the property in question, and they have worked hard on their house. When her mother-in-law passed away two years ago, they
could have moved out to that farm, but they didn’t want to pull their now teenage children out of the schools they had attended their entire life. When they moved there, they
assumed the property would be developed as residential, and it’s very infuriating and upsetting to think it would be commercial.
At the Zoning Committee meeting, there was talk by the property developers about a tall fence, but Mrs. Lamkey does not believe it is sufficient to allow rezoning. She and her
husband are against the rezoning; they do not want their property values to suffer. It will be 10 feet from their property line; she gave the board a petition signed by many
people, and said Dollar General is a multi-million dollar corporation and they will find some land elsewhere if the Board wants to work with them, but it shouldn’t be in the
middle of a current residential area. She and everyone on the petition strongly oppose the rezoning. The district manager of Lincoln Land FS is also opposed, she said, and
he also signed the petition. Mayor Todd said he would talk with him. Bringing in any fast food chain will affect the current eating establishments in Riverton. Mrs. Lamkey
restated that DG can certainly find another piece of property elsewhere, not among residences. She thanked trustees.
Don Scott Jr. said that Dollar General representatives spent six months in Riverton, as trustees are aware, looking at how the village wants to grow. They expect 19 total jobs
at the new DG and also expect to double sales. It makes common sense to move into a larger square foot store, and this property is where it goes. He doesn’t want any
hard feelings, but they’re not going to go somewhere else. This is about growth; there is not any community that doesn’t have a McDonald’s or a Dairy Queen and he can’t
believe that they wouldn’t want that. (Mr. Scott does not live in Riverton, although he went to school here). He then asked if there were any legitimate questions? Trustees
thanked Mr. Scott, and Trustee Bartley asked Mr. Moats if selling lots in Silent Rain Subdivision would be affected by having something like this built down the street?
Mr. Moats said he understands what these folks are concerned about, but his trade is construction and they are the lowest on the chain; if they’re busy, the economy is good.
And there does need to be growth in Riverton, and that’s been seen by not developing subdivisions for awhile. He appreciates the support of trustees he’s received. He
mentioned that last week the ReMax virtual tour of the two-story home for sale in his subdivision had 72 hits. People want to come to Riverton. There has to be growth.
Trustee Pottier wanted to know how the Dollar General folks would address the issues on the petition. He noted there are about 80 signatures on it. “Increased traffic
noise?” Don Scott Jr. said DG rated Riverton an 89 out of 100 on that street and that’s the highest they’ve seen in a small town, and it’s based on that specific location. Mrs.
Lamkey said adding more businesses to an already busy street, at which there is more than one school bus stop and more potential for accidents, doesn’t make sense.
Trustee Pottier asked about “noise disturbance” also on the petition. Don Scott Jr. said that’s something the village would have to address or put something in place to stop
it from happening, such as raising fines. “Loitering” was also on the petition. “That’s Chief Smith’s area. Dollar General posts no loitering signs because of liability.”
“Lighting?” Again, that’s something that Dollar General would handle. The Lamkeys and Yoggersts said that a realtor told them their property values would go down 10-15
percent if the businesses were built near their homes.
Mrs. Lamkey told the board this is a bad precedent to set – allowing residents basically two weeks notice from before the time of a Zoning Committee meeting to the actual
village meeting at which the issues is voted upon. Other items on the petitions against were “trespassing and safety.” Ron Wampler, whose house is in Riviera Subdivision,
would be at the back of the next business developed on the south side of the property, said now there are already plenty of kids who cut through his yard; DG’s potentially
putting up a fence, which stops just at his property line, isn’t going to keep people from trespassing, and would encourage defacement of properties and graffiti. Also,
businesses always place their dumpsters at the back, meaning rodents and stench would be a constant problem. Don Scott Jr.’s response to that was “raise the fines until
the problem stops.”
Trustee Jack Rader stated half of the concerns on petitions are larger than what’s currently happening. He doesn’t think trespassing will increase. Trustee Cathy Black
disagrees; the foot and vehicular traffic will increase for residents surrounding said property. Mrs. Lamkey reminded trustees that people voted for them to represent them.
Attorney Myers noted that 10+ years ago residents of Riverton near a proposed Casey’s took the village to court, and the village lost. But he doesn’t think this location would
be the same type of issue in court.
At 8:07 p.m. the board considered “Old Business”, and a change order for Petersburg Plumbing & Heating on the Washington Street project was considered; the retainage
will go from 10 percent ($29K) to five percent ($14,7K). Chuck Stone noted PP&H keeping the road in good shape for 20 days; trustees discussed, and this was approved 6-
0. The water plant was next reviewed; Stone said they’re making progress and they were working on it today. Drain holes and George Alarm Co. were referenced.
At 8:11 p.m., the board formally considered the “7th Street Rezoning Ordinance.” An eight foot high fence is as tall as village ordinance will allow, per Stone. Trustee Pottier
asked about state laws. Trustee Faires said plans locate parking lots within 50 feet of residences’ property lines; fences will be placed. All residents who spoke to the board
were against the rezoning. Mayor Todd asked Don Scott Sr. about fencing on different sides of the property. Attorney Myers read the ordinance. Trees currently on the Lamkey’
s property was also discussed, prompting Mr. Yoggerst to ask trustees why they were “putting the cart before the horse?” Mayor Todd responded the ordinance has to be
correct first before it can be voted upon.
Mr. Wampler said the easement along the property in question will be a problem for the village once a fence is erected. Stone said he’d already talked with Don Scott Sr.
about village access. Attorney Myers read the ordinance again, with changes trustees wanted; a fence along all sides, any trees damaged being replaced, etc. They noted
the easement and access to utilities is on the Riviera side. At 8:30 p.m., Trustee Pottier motioned to accept the zoning as amended, and Trustee Raycraft seconded. They
approved the commercial zoning 5-1, with Trustee Black voting no.
Next was the “Rt. 36 and Camp Butler annexation and Zoning Ordinance.” Trustee Faires motioned to accept, and Trustee Raycraft seconded on the annexation agreement.
This was approved 5-1, with Trustee Black voting no. Immediately following was the ordinance to adopt the annexation and zoning of the same property. Trustee Faires
motioned, and Trustee Rader seconded; this was also approved 5-1 (Black no). These votes overturn the Zoning Committee’s recommendations.
People in the audience who were interested in these issues left the meeting. The tax levy ordinance was revisited. Treasurer Laffey stated the levied amounts are correct.
Trustees voted 6-0 to accept. Attorney Myers asked who would be responsible for getting this request to the county. Tiffany McCullough, village clerk, will be responsible for
that. Treasurer Laffey will have the ordinance amendment by Tuesday morning.
Reports were considered next. Nothing was verbalized on Chuck Stone’s report. Chief Dave Smith commended Officers Lawley and Landgrebe, noting they were helpful in
resolving burglaries with Rochester’s Police Department. Smith said Officer Sutton has completed taser training and he asked for authority to spend up to $900 on a taser.
Trustees voted 5-1, with Cathy Black voting “no.” Chief Smith also said Fast Stop has given them two additional credit cards for officers’ use when needing fuel late at night.
Trustees wanted policy verified on officers keeping cards in their possession.
Linda Viola said CDS has informed her the copier, which breaks down monthly, has no possibility of having any more parts ordered and she asked for permission to
purchase a new copies. They discussed the maintenance agreement with CDS. Trustee Faires suggested Attorney Myers look at the agreement. This purchase will be put
out to bid sometime soon. Mrs. Viola also stated that $60,000 needs to be transferred into the IMRF fund; it is a budgeted expenditure. Trustees approved 6-0.
Committee reports: Trustee Pottier has a list of people he’s thanking for Christmas Tree donations to publish in the newspaper. Trustee Faires noted FOIA law changes
would require written or verbal reprimands held four years. Attorney Myers said that’s half correct; you can hold for up to four years, but it’s not a requirement. Trustee Raycraft
thanked the village and employees Tim Shane and Rick Vise for their help with her son’s Eagle Scout project – the Santa House.
Trustee Rader informed the board that two new pumps need to be purchased for the main lift station. They have all been rebuilt once, and that’s the maximum on
rebuilding. New ones cost approximately $28K each; there’s $35K in depreciation, and the rest can come out of other utilities. Rader motioned, and Trustee Pottier
seconded, to approved the purchase. This was passed 6-0. Rader informed the Board that he will begin another round of treatment for his medical condition next month,
and thanked them all for their support.
Trustee Cathy Black asked to read a short letter of resignation, summarizing that she feels the board’s decisions are not in the best interests of residents, as tonight’s
meeting showed. The resignation was effective at the close of the meeting. She returned her equipment and keys. They adjourned at 9:02 p.m.
recommendation on one of them; Trustee Black resigns
The Village of Riverton held a Truth in Taxation hearing at 6:30 p.m. Dec. 21. Treasurer Tim Laffey began, stating last year $141,300 was received; this year $159,975 is
proposed. It was then opened up to public comment. No one from the audience spoke.
Trustee Faires asked, “Can we clarify what the attorney was telling us about the tax levy and why we’re matching?” Anytime we increase over 5 percent we have to hold this
hearing; the library, independent of us, has requested theirs at 13 percent, so we are matching theirs to provide an equal distribution of funds. Trustee Faires clarified, “If the
library says they’re doing a 13 percent increase, and we say we only want a 3 percent increase, that all goes into the same kitty and the library gets the lion’s share of it; our
village tax revenues on the different corporate, police, that type of thing, goes into that kitty. So by us going with the same percentage of tax levy, we’re just requesting to the
county that we’d each like to have this percentage. Whatever inflation is, the county will only increase the tax levy by that amount. Thirteen percent sounds like a lot, but we will
each get the same increase that the county grants; not that we’ll get 13 percent. The county won’t allow that. Any questions?” None were voiced from the public, and
Treasurer Laffey closed the hearing.
Another special meeting to discuss zoning requests will begin at 6:50 p.m., Mayor Todd told the audience.
Attorney Myers began the special meeting on annexation and zoning. He explained that the annexation and rezoning under consideration for the property at Old Rt. 36 and
Camp Butler Road. When a landowner wants to annex in and wants to rezone, it’s all set out under the municipalities code. Statutes, zoning features and legalities were
discussed by the attorney. A public hearing on zoning is required, and that was held Dec. 16. Monday was the hearing on the annexation agreement and zoning, and the
public can comment.
Jess Moats spoke on behalf of Danny Trader, who is involved with the property. He would like to see it annexed, because Riverton needs to be pro-growth and it seems like
the village is landlocked. There seems to be a lot of potential in that area, Moats said, and he hopes trustees favorably consider it. He did say J&J’s concrete pumping trucks
are heavier than what Mr. Trader would be using, in terms of wear and tear to the road in that area.
James Trader, who bought the property, then spoke; he had plans and photos for trustees to see, and said he’d spent approximately $12,000 to clean it up, as the photos
will attest. He plans to put a chain link fence all the way around the property; they’ll stay 30-40 feet off the main drag, because they have a circle drive there now. The big
concern he’s heard is about pole barns, but he noted that several properties around have those or large sheds. Mr. Trader said the road has been used for commercial
vehicles all this time by these other businesses, and he’s open to recommendations on what else to do with the property. They’d like to do more landscaping with the
property and make it look nicer; Mr. Trader responded to questions regarding each parcel in involved on the property — one is zoned as B3 and the other is R1, he said.
Mayor Todd asked if the trucks would be in and out all day long? No, on the south side they go out Rt. 36 at 6 or 6:30 a.m. and are back by 6 p.m. Trustees asked additional
questions about fencing and intended building use. Trader would like to use the building to house his trailers. Trustees looked at the photos and plans Mr. Trader brought.
He wants to expand his business.
Mayor Todd asked if anyone else wanted to speak. Ms. Janine Nydegger, who owns the property directly south of the proposed annexation of lot one, is opposed to its
rezoning. There was a brief discussion among her, Chuck Stone and the village attorney on property lines. The request to rezone by the previous owner went to Sangamon
County twice, it was denied twice. She submitted 13 signed petitions against it in 2008. She said Mr. Trader knew there were zoning issues with it when he purchased the
property.
Her concern is being dropped in the middle of all these commercial buildings; the previous zoning change was not something she was notified of. Trustee Faires asked why
she didn’t go to Sangamon County about that, and she replied she would support Pam Blankenship in that, should she decide to go that route. Attorney Myers told trustees
that the first ordinance concerning these properties is the agreement, and the second ordinance is the one that actually adopts it. Trustee Pottier asked if there was anyone
else? Mr. Moats brought up the issue of homestead exemption during July 2007 on the property in question, and it was not granted because it was not commercial at that
time.
Ms. Pam Blankenship, who lives directly north of the property in question, then spoke. Their concern is once it’s given commercial zoning, it’s always commercial, and what
could happen with the property in the future. She has photos of the property, if trustees are interested in seeing them. There’s no other commercial property on south Camp
Butler Road, and residents are concerned about property values dropping. She confirmed with Chuck Stone that the property is not currently in the Village of Riverton, and
noted that the Zoning Committee voted against it Dec. 16. What possible value would annexing have to the Village of Riverton, she asked? All of the neighbors on that side
of the road are opposed. This will affect their qualify of life. She asked trustees if they’ve driven out that way? Some had; others reviewed photos, petitions and talked about
property’s history. Residents talked some more, and then Jim Good, who was in the audience and is with the Sangamon County Board, stood up to say the county grants
use variances rather than change zoning. He gave an example that once the Greenhouse was torn down, then the property reverted back to R1. It was a use variance.
Attorney Myers gave a short opinion on the possible history, and residents asked that the residential area be respected along south Camp Butler Road.
Mayor Todd mentioned seeing the “for sale” signs on north Camp Butler road as commercial property, which he and residents discussed. That is on the other side of
Roselawn Cemetery. This public meeting was closed at 7:32 p.m.
The regular village board meeting got underway; the minutes from the Dec. 7 meeting were accepted and bills were approved for payment, both 6-0. “People on the Agenda”
included Mark and Kristen Yoggerst, regarding the zoning change request for the property on 7th Street. Their house is in Riviera Subdivision and their backyard will abut any
business development if the property is zoned commercial. Mrs. Yoggerst said they’d moved to Riverton four years ago and told trustees she doesn’t understand the concept
of the need for a bigger and better Dollar General at the expense of residents surrounding the land. Most people live in Riverton because of the simplicity, she said;
Springfield is just five minutes away, but when you add the talk of fast food chains and larger stores, we wonder if this is consistent with what residents really want.
Changing a property to commercial that is surrounded on three sides by residences will affect the property values of those residences and encourage people to sell, and will
have a trickle effect on other properties. Most towns promote growth on the outskirts of residential areas, not in the middle. People are not going to buy more, jobs are not
created, they’re transferred. She asked trustees to consider how they would feel if a new Dollar General were going up against their back yard.
Mrs. Candy Lamkey spoke next, saying she and her husband have lived in their current house for almost six years, and have been very active in the community, and have
three children. Their house is directly north of the property in question, and they have worked hard on their house. When her mother-in-law passed away two years ago, they
could have moved out to that farm, but they didn’t want to pull their now teenage children out of the schools they had attended their entire life. When they moved there, they
assumed the property would be developed as residential, and it’s very infuriating and upsetting to think it would be commercial.
At the Zoning Committee meeting, there was talk by the property developers about a tall fence, but Mrs. Lamkey does not believe it is sufficient to allow rezoning. She and her
husband are against the rezoning; they do not want their property values to suffer. It will be 10 feet from their property line; she gave the board a petition signed by many
people, and said Dollar General is a multi-million dollar corporation and they will find some land elsewhere if the Board wants to work with them, but it shouldn’t be in the
middle of a current residential area. She and everyone on the petition strongly oppose the rezoning. The district manager of Lincoln Land FS is also opposed, she said, and
he also signed the petition. Mayor Todd said he would talk with him. Bringing in any fast food chain will affect the current eating establishments in Riverton. Mrs. Lamkey
restated that DG can certainly find another piece of property elsewhere, not among residences. She thanked trustees.
Don Scott Jr. said that Dollar General representatives spent six months in Riverton, as trustees are aware, looking at how the village wants to grow. They expect 19 total jobs
at the new DG and also expect to double sales. It makes common sense to move into a larger square foot store, and this property is where it goes. He doesn’t want any
hard feelings, but they’re not going to go somewhere else. This is about growth; there is not any community that doesn’t have a McDonald’s or a Dairy Queen and he can’t
believe that they wouldn’t want that. (Mr. Scott does not live in Riverton, although he went to school here). He then asked if there were any legitimate questions? Trustees
thanked Mr. Scott, and Trustee Bartley asked Mr. Moats if selling lots in Silent Rain Subdivision would be affected by having something like this built down the street?
Mr. Moats said he understands what these folks are concerned about, but his trade is construction and they are the lowest on the chain; if they’re busy, the economy is good.
And there does need to be growth in Riverton, and that’s been seen by not developing subdivisions for awhile. He appreciates the support of trustees he’s received. He
mentioned that last week the ReMax virtual tour of the two-story home for sale in his subdivision had 72 hits. People want to come to Riverton. There has to be growth.
Trustee Pottier wanted to know how the Dollar General folks would address the issues on the petition. He noted there are about 80 signatures on it. “Increased traffic
noise?” Don Scott Jr. said DG rated Riverton an 89 out of 100 on that street and that’s the highest they’ve seen in a small town, and it’s based on that specific location. Mrs.
Lamkey said adding more businesses to an already busy street, at which there is more than one school bus stop and more potential for accidents, doesn’t make sense.
Trustee Pottier asked about “noise disturbance” also on the petition. Don Scott Jr. said that’s something the village would have to address or put something in place to stop
it from happening, such as raising fines. “Loitering” was also on the petition. “That’s Chief Smith’s area. Dollar General posts no loitering signs because of liability.”
“Lighting?” Again, that’s something that Dollar General would handle. The Lamkeys and Yoggersts said that a realtor told them their property values would go down 10-15
percent if the businesses were built near their homes.
Mrs. Lamkey told the board this is a bad precedent to set – allowing residents basically two weeks notice from before the time of a Zoning Committee meeting to the actual
village meeting at which the issues is voted upon. Other items on the petitions against were “trespassing and safety.” Ron Wampler, whose house is in Riviera Subdivision,
would be at the back of the next business developed on the south side of the property, said now there are already plenty of kids who cut through his yard; DG’s potentially
putting up a fence, which stops just at his property line, isn’t going to keep people from trespassing, and would encourage defacement of properties and graffiti. Also,
businesses always place their dumpsters at the back, meaning rodents and stench would be a constant problem. Don Scott Jr.’s response to that was “raise the fines until
the problem stops.”
Trustee Jack Rader stated half of the concerns on petitions are larger than what’s currently happening. He doesn’t think trespassing will increase. Trustee Cathy Black
disagrees; the foot and vehicular traffic will increase for residents surrounding said property. Mrs. Lamkey reminded trustees that people voted for them to represent them.
Attorney Myers noted that 10+ years ago residents of Riverton near a proposed Casey’s took the village to court, and the village lost. But he doesn’t think this location would
be the same type of issue in court.
At 8:07 p.m. the board considered “Old Business”, and a change order for Petersburg Plumbing & Heating on the Washington Street project was considered; the retainage
will go from 10 percent ($29K) to five percent ($14,7K). Chuck Stone noted PP&H keeping the road in good shape for 20 days; trustees discussed, and this was approved 6-
0. The water plant was next reviewed; Stone said they’re making progress and they were working on it today. Drain holes and George Alarm Co. were referenced.
At 8:11 p.m., the board formally considered the “7th Street Rezoning Ordinance.” An eight foot high fence is as tall as village ordinance will allow, per Stone. Trustee Pottier
asked about state laws. Trustee Faires said plans locate parking lots within 50 feet of residences’ property lines; fences will be placed. All residents who spoke to the board
were against the rezoning. Mayor Todd asked Don Scott Sr. about fencing on different sides of the property. Attorney Myers read the ordinance. Trees currently on the Lamkey’
s property was also discussed, prompting Mr. Yoggerst to ask trustees why they were “putting the cart before the horse?” Mayor Todd responded the ordinance has to be
correct first before it can be voted upon.
Mr. Wampler said the easement along the property in question will be a problem for the village once a fence is erected. Stone said he’d already talked with Don Scott Sr.
about village access. Attorney Myers read the ordinance again, with changes trustees wanted; a fence along all sides, any trees damaged being replaced, etc. They noted
the easement and access to utilities is on the Riviera side. At 8:30 p.m., Trustee Pottier motioned to accept the zoning as amended, and Trustee Raycraft seconded. They
approved the commercial zoning 5-1, with Trustee Black voting no.
Next was the “Rt. 36 and Camp Butler annexation and Zoning Ordinance.” Trustee Faires motioned to accept, and Trustee Raycraft seconded on the annexation agreement.
This was approved 5-1, with Trustee Black voting no. Immediately following was the ordinance to adopt the annexation and zoning of the same property. Trustee Faires
motioned, and Trustee Rader seconded; this was also approved 5-1 (Black no). These votes overturn the Zoning Committee’s recommendations.
People in the audience who were interested in these issues left the meeting. The tax levy ordinance was revisited. Treasurer Laffey stated the levied amounts are correct.
Trustees voted 6-0 to accept. Attorney Myers asked who would be responsible for getting this request to the county. Tiffany McCullough, village clerk, will be responsible for
that. Treasurer Laffey will have the ordinance amendment by Tuesday morning.
Reports were considered next. Nothing was verbalized on Chuck Stone’s report. Chief Dave Smith commended Officers Lawley and Landgrebe, noting they were helpful in
resolving burglaries with Rochester’s Police Department. Smith said Officer Sutton has completed taser training and he asked for authority to spend up to $900 on a taser.
Trustees voted 5-1, with Cathy Black voting “no.” Chief Smith also said Fast Stop has given them two additional credit cards for officers’ use when needing fuel late at night.
Trustees wanted policy verified on officers keeping cards in their possession.
Linda Viola said CDS has informed her the copier, which breaks down monthly, has no possibility of having any more parts ordered and she asked for permission to
purchase a new copies. They discussed the maintenance agreement with CDS. Trustee Faires suggested Attorney Myers look at the agreement. This purchase will be put
out to bid sometime soon. Mrs. Viola also stated that $60,000 needs to be transferred into the IMRF fund; it is a budgeted expenditure. Trustees approved 6-0.
Committee reports: Trustee Pottier has a list of people he’s thanking for Christmas Tree donations to publish in the newspaper. Trustee Faires noted FOIA law changes
would require written or verbal reprimands held four years. Attorney Myers said that’s half correct; you can hold for up to four years, but it’s not a requirement. Trustee Raycraft
thanked the village and employees Tim Shane and Rick Vise for their help with her son’s Eagle Scout project – the Santa House.
Trustee Rader informed the board that two new pumps need to be purchased for the main lift station. They have all been rebuilt once, and that’s the maximum on
rebuilding. New ones cost approximately $28K each; there’s $35K in depreciation, and the rest can come out of other utilities. Rader motioned, and Trustee Pottier
seconded, to approved the purchase. This was passed 6-0. Rader informed the Board that he will begin another round of treatment for his medical condition next month,
and thanked them all for their support.
Trustee Cathy Black asked to read a short letter of resignation, summarizing that she feels the board’s decisions are not in the best interests of residents, as tonight’s
meeting showed. The resignation was effective at the close of the meeting. She returned her equipment and keys. They adjourned at 9:02 p.m.
Issue Date: Dec. 24, 2009
