City of Byron City Council met Nov. 20.
Here is the minutes provided by the council:
1. CALL TO ORDER – Mayor Rickard called the meeting to order at 6:30 p.m.
2. PLEDGE OF ALLEGIANCE – Led by Mayor Rickard
3. ROLL CALL – Aldermen present: Todd Isaacs, Emily Gerdes, Mittzi Fulrath, Dan Reilly, Zeke Hobbie, Michael Gyorkos, Christy Hanlin. Seven members present by roll call vote.
Quorum established.
* - denotes start of the roll call vote
PRESENT: Mayor John Rickard
City Clerk Caryn Huber
City Attorney Kim Krahenbuhl
Dir. Of Public WorksAaron Vincer
Police Chief Todd Murray
Dir. of Econ. Dev. Larry Hewitt
City Engineer Jason Stoll
Citizens Pam Kultgen, Bill Pirnat
4. REVERENCE PERIOD – Mayor Rickard led the Council in prayer.
5. APPROVAL/AMENDMENTS TO AGENDA – Alderman Gerdes asked to add Fireworks to the agenda under New Business. Motion by Alderman Gerdes to approve, as amended, the November 20, 2019, agenda. Seconded by Alderman Hanlin. Roll call vote: Gerdes, AYE; Fulrath, AYE; Reilly, AYE; Hobbie, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.
6. MINUTES –
a. November 6, 2019, Regular Council Meeting Minutes – Motion made by Alderman Reilly to approve, as presented, the November 6, 2019, Regular Council minutes, seconded by Alderman Fulrath. Roll call vote: Fulrath, AYE; Reilly, AYE; Hobbie, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE. Motion passed: AYE 7; NAY 0; ABS 0.
7. PUBLIC COMMENT – None
8. TREASURER’S REPORT – Mayor Rickard reported that he continues to look for an individual to fill the vacant Treasurer position. Reports are in Dropbox.
9. LIST OF BILLS - The tentative bills for the City of Byron were presented to the Council for discussion (two lists). Alderman Fulrath asked if the TIF checks are for agreements we already have in place as opposed to the grants we vote on individually. Director Hewitt said that they are. Alderman Isaacs asked about several of the names he did not recognize under TIF Reimbursements, such as James Troutman (McDonalds) and Susan Penner (Optometrist). Director Hewitt said there are six or seven long term agreements left. Motion made by Alderman Fulrath to approve the payment of bills dated November 20, 2019, in the amount of $160,704.20 and $5,347.48. Motion seconded by Alderman Isaacs. Roll call vote: Reilly, AYE; Hobbie, AYE; Gyorkos, AYE; Hanlin, AYE, Isaacs, AYE; Gerdes, AYE; Fulrath, AYE. Motion passed: AYE, 7; NAY, 0; ABSTAIN, 0.
10. MAYOR’S REPORT – No report.
11. CITY ATTORNEY’S REPORT – Attorney Krahenbuhl reported that an annual Treasurer’s Report is required to be filed by statute. He has not been able to find any record of this being done in the past. The report needs to summarize income, compensation and expenses, and needs to be filed within six months of the end of the fiscal year. The report needs to be published in the newspaper and filed with the County Collector. Alderman Fulrath asked if previous years need to be filed. They do not. Alderman Isaacs asked how compensation would be listed, and if it includes benefits. Attorney Krahenbuhl said the compensation is listed as a range (under $24,999, $25,000-$49,999, etc.) and does include benefits. Alderman Reilly asked if we could advertise for a Treasurer. Mayor Rickard said he has several people in mind, but if they do not work out, they may have to advertise.
12. CITY ENGINEER’S PROJECT STATUS – Contractors were grinding Walnut Street today. With the rain expected tomorrow, they do not have plans to pave. After giving the road a chance to dry out, they will come back next week to lay the binder and remove the barricades. The final two inches of surface will be done next spring. Crews will also patch Colfax St. near Route 2. Regarding the Crestview Trail project – the contractor recommends that they do not open the street since significant rain is expected. They will prep the surface for winter, and lay the final 2 inches of surface in spring. Our contract states that the contractor was obligated to have the work done on Walnut Street and Crestview Trail by September 30. We need to take a position with the contractor, and Engineer Stoll has several recommendations. According to our contract, the city has a right to access fines in the amount of $750/day that the project runs over the completion date. He feels, however, that there are other ways to protect ourselves. The first is to not incur any additional costs with holding the project until spring, such as remobilization, cleaning, patchwork, etc. These costs will be the contractor’s responsibility. He recommends that we pursue additional warranties and maintenance bonds. Mayor Rickard agrees with Engineer Stoll’s recommendations. The warranty, which is typically one year, should be two years. We should also look into a three year maintenance bond. Alderman Isaacs asked if there are any change orders in effect currently. Engineer Stoll said there are change orders that will be coming before Council for review, particularly for the water and sewer work that was added. He would like to have a new completion date of May 30, 2020. Mayor Rickard asked if there is a deadline for making this decision. Engineer Stoll reported that there is not, but he hopes to have a decision by the end of this year, and he will have recommendations to be discussed with committee by their next meeting in two weeks. Alderman Hanlin said the rain has caused significant delays in completing this project, and even though it is not entirely the contractor’s fault, she feels our project should take priority with them next year. Engineer Stoll feels that the work should have been completed on Crestview Trail, since they started the work in July. The paver, however, is subcontracted by N-Trak, and they were waiting to complete all of the paving at one time. Director Hewitt added that we should enforce some penalties for N-Trak, to avoid them and other companies taking advantage of us in the future. Alderman Gerdes asked about the possibility of imposing a partial fine along with additional warranties. Alderman Hobbie is concerned about the road holding up to truck traffic through the winter. Alderman Fulrath feels that a decision about fines doesn’t have to be made until the contract is getting closed out at the end of the project. Alderman Isaacs would like to see something in writing by January or February. Director Vincer said we need to withhold payment in the amount that we could potentially fine them.
13. REPORT OF DIRECTOR OF ECONOMIC DEVELOPMENT – Work on the Top Tracer facility at the Forest Preserve is continuing. They should be ready to open soon, and we will be certain that all Life Safety issues are in place. Their plan is to have special events for groups to introduce the facility to the public. • The IDOT Route 2 project between Byron and Rockford is starting to appear on IDOT funding documents. Director Hewitt met with BJ Vangsness to discuss his options to sell or lease his land for a field office.
14. COMMITTEE REPORTS
a. Community Services – No report.
b. Public Safety – Alderman Reilly reported that there is no update on the Rush property. • Social media is going well, and we have over 400 followers on the Facebook page. The recent police report regarding automobile break-ins generated a lot of activity. • Police budget and department activity are average for this time of year. • A new officer should be hired by January, since there is an available spot open for training. • The Police Department will be replacing one car and one truck. They have over 70,000 miles each and are starting to need repair. Chief Murray added that funds for those vehicles come from Teletax funds.
c. Administrative – Alderman Hanlin reported that the committee had a special meeting tonight regarding the Cannabis ordinances. They would like to have input from council as to whether they want to pursue these ordinances, or wait until possible requests are made. Alderman Hanlin asked that aldermen email her with their thoughts and it will continue to be discussed at committee.
15. CONTINUING BUSINESS –
a. Rush Property – Nothing new to report.
b. Cannabis Ordinances –Nothing new to report.
c. Parking Lot Signage – Still in committee.
d. Tax Levy – Alderman Isaacs will confirm the assessed value with the county. No other changes at this time. A vote to approve the levy will be taken at the next meeting.
16. NEW BUSINESS –
a. Miracle on 2nd Street – Director Hewitt is making the request on behalf of the Chamber of Commerce. Miracle on 2nd Street will be held on Friday, December 6. They are requesting that 2nd Street be closed between Washington and Union Streets. Santa will be in the community room at city hall, and other activities will take place in the city hall parking lot. Alderman Isaacs motioned to approve the Chamber requests for Miracle on 2nd Street. Motion seconded by Alderman Gerdes. Roll call vote: Hobbie, AYE; Gyorkos, AYE; Hanlin, AYE, Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Reilly, AYE. Motion passed: AYE, 7; NAY, 0; ABSTAIN, 0.
b. Fireworks – Alderman Gerdes and Alderman Fulrath would like to set up a meeting with Ken Norup and BJ Vangsness, and organize a committee to schedule fireworks on July 4. The mayor reminded council that this is not a city run event, but he is willing to assist the committee personally. The committee is welcome to report their progress to council.
17. COUNCIL TALK – Alderman Isaacs said the audit is almost complete, and he requested that future audits be completed by the end of September in order to meet deadlines for TIF and bond reports. This would still give us time to get committee and council approval of the audit, and still meet these deadlines. • Alderman Hanlin asked for directions to Stronghold. The mayor will provide a map. • Alderman Hanlin asked about the possibility of adding light to the addition to the municipal parking lot. She added that Jim Bergagna, owner of the building next to the addition, is considering adding a mural to the side of his building, and she asked the committee to keep that in mind when placing parking lot signs.
18. EXECUTIVE SESSION
a. Section 2(c)11 – Pending, probable or imminent litigation
b. Section 2(c)1 – Personnel
c. Section 2(c)(5)(6) – Purchase/Sale of City Owned Real Property
d. Section 2(c)(21) – Review/Approval of Closed Meeting Minutes
e. Section 2(c)(2) – Collective Bargaining Negotiations
Mayor Rickard advised there was no need for an Executive Session.
19. COMMUNICATION –
a. Next Regular City Council Meeting – Wednesday, December 4, 2019 @ 6:30pm.
Mayor Rickard adjourned the City Council meeting at 7:13 pm.
https://www.cityofbyron.com/vertical/sites/%7B67304C08-5FC3-4329-8F07-4786D33EE040%7D/uploads/Minutes_-_2019-11-20-Approved.pdf
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