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City of Byron City Council met Nov. 3

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City of Byron City Council met Nov. 3.

Here are 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, Zeke Hobbie, Jessica Nehring, Michael Gyorkos, Christy Hanlin. Seven members present. Quorum established.

Aldermen Absent: Cheryl Metz

PRESENT: Mayor John Rickard

City Clerk Caryn Huber

City Attorney Aaron Szeto

Police Chief Todd Murray

Dir. of Econ. Dev. Larry Hewitt

Dir. of Public Works Aaron Vincer

City Engineer Jason Stoll

Citizens Pam Kultgen, Bill Pirnat

4. REVERENCE PERIOD – Mayor Rickard led the Council in prayer.

5. APPROVAL/AMENDMENTS TO AGENDA – Motion by Alderman Isaacs to approve, as presented, the November 3, 2021, agenda. Seconded by Alderman Hanlin. Roll call vote: Gerdes, AYE; Fulrath, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.

6. MINUTES –

a. October 20, 2021 Committee of the Whole Special Meeting Minutes – Motion by Alderman Hanlin to approve the October 20, 2021 Committee of the Whole meeting minutes as presented. Motion seconded by Alderman Nehring. Roll call vote: Fulrath, AYE; Hobbie, ABS; Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE. Motion passed: AYE, 6; NAY, 0; ABS 1.

b. October 20, 2021 City Council Regular Meeting Minutes - Motion by Alderman Hanlin to approve, as presented, the October 20, 2021, City Council Regular Meeting Minutes. Seconded by Alderman Nehring. Roll call vote: Hobbie, ABS; Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, ABS; Gerdes, AYE; Fulrath, AYE. Motion passed: AYE, 5; NAY, 0; ABS 2.

7. PUBLIC COMMENT – None

8. TREASURER’S REPORT – Treasurer Huber stated that the October 2021 monthly revenue report, as well as the comparison in revenue to the past two years, is in Dropbox. We expect the 2020-2021 audit to be complete by November 19.

9. LIST OF BILLS – Alderman Hobbie asked about the $5,157.22 charge from Hydro-Dyne Engineering. Director Vincer explained that the charge is for screen parts for Headworks. They will be installed next week. Motion by Alderman Hobbie to approve the list of bills dated November 3, 2021, in the amount of $61,841.63. Seconded by Alderman Fulrath. Roll call vote: Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Hobbie, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.

10. MAYOR’S REPORT – Mayor Rickard reported that the Chamber’s proposal for Miracle on 2nd St. is in Dropbox. There are no changes from year’s past - they are asking 2nd St. to be closed from Washington St. to Union St. There were no questions from council, and the proposal was approved by consensus. • Mayor Rickard has scheduled a Committee of the Whole meeting on Wednesday, November 17 from 5:30-6:00 pm. The ordinance for rate increases to fund the wastewater treatment plan should be ready to be discussed.

11. CITY ATTORNEY’S REPORT – Attorney Szeto asked if the tax levy was in process. Alderman Isaacs said that it is, but needs some figures from the audit. He will contact Diane at WIPFLI. Clerk Huber will put it on the agenda for the November 17 meeting.

12. CITY ENGINEER’S REPORT – Engineer Stoll reported that landscaping is complete on Union Street, and the project is ready to be closed out. There is some work in front of Spanky’s that will be completed by Spanky’s. Final pay estimates will be available soon.

13. DIRECTOR OF ECONOMIC DEVELOPMENT REPORT – Director Hewitt reported that Dollar General has begun an addition to the Family Video store. • The work outside of Spanky’s has been approved. Steps will be taken to add safety features if the work is not complete before winter. • The Hearing Officer program implementation is in process. A mock trial is one of the requirements to qualify Attorney Crull to act as Hearing Officer. • A kid’s resale shop will be opening downtown, next to Radiance Salon.

14. DIRECTOR OF PUBLIC WORKS REPORT – Director Vincer reported that the last brush pickup for the year was done on October 29. • A flushing hydrant has been installed on River Road (dead end water main). • The department has been working on a lead service line inventory, required by the EPA. They are required to enter homes to check lines and meters. So far, no lead service lines have been found. • Sewer cleaning will be done soon, and the snow plows are being prepped for the winter.

15. POLICE CHIEF REPORT – Chief Murray reported that the squad car ordered months ago, is in. Outfitting will be done as soon as possible. • Background checks have been started on officer candidates. • Regulations have been changed at the police academy, and because they are unable to get supplies, candidates are now required to bring their own ammunition. • Chief Murray continues to look for another suitable squad car. • Martin and Company should be doing demolition on the Rush property next week.

16. COMMITTEE REPORTS

a. Community Services – Alderman Fulrath reported that items discussed are later in the agenda.

b. Public Safety – No report.

c. Administrative – Alderman Hanlin reported that most items are later in the agenda. However, the committee also discussed the UTV ordinance and are making the following changes prior to presenting to council: Fee will be $100 initially, then $50/year;

The stickers are not reciprocal from town to town; No parking will be allowed on downtown streets; and circumstances for revocation or suspension on the 1st or 2nd violation (i.e., DUI) will be clarified.

17. CONTINUING BUSINESS

Minutes of the Regular Meeting of the Byron City Council Wednesday, November 3, 2021 Page #2

a. Mill Road Rec Path – Engineer Stoll reported that surveys and design work will begin soon.

b. Rush Property Demolition – Demolition has not been completed yet.

c. Greg & Michelle Jozefowicz/Paradise Nutrition TIF Agreement – The Administrative Committee recommends approval of the TIF Agreement for Greg and Michelle Jozefowicz in the amount of $10,555. Roll call vote: Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Hobbie, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.

d. Wastewater Treatment Plant – Will be discussed further at the Committee of the Whole meeting on November 17.

e. UTV Ordinance – Item is still being discussed in Committee.

f. Ordinance Amending Chapter 17 to Allow for Short-Term Rental Properties – The Administrative Committee recommends council approval of Ordinance 2021-09 to Amend Chapter 17 to Allow for Short-Term Rental Properties. Roll call vote: Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Hobbie, AYE; Nehring, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.

g. Ordinance Amending Section 17.48.180 to Amend Zoning Fees – The Administrative Committee recommends council approval of Ordinance 2021-10, to Amend Section 17.48.180 to Amend Zoning Fees. Roll call vote: Hanlin, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.

h. Ordinance Amending Chapter 5.10 Tobacco – The Administrative Committee recommends council approval of Ordinance 2021-11 to Amend Chapter 5.10 Tobacco. Roll call vote: Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Hanlin, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.

i. Mrozek Downtown Airbnb Special Use Permit – The Administrative Committee recommends council approval of Ordinance 2021-12, approving a special use permit for Mrozek’s downtown Airbnb. Roll call vote: Gerdes, AYE; Fulrath, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.

18. NEW BUSINESS

a. Water/Sewer Rate Ordinance – Will be discussed at the November 17 Committee of the Whole meeting.

b. Ordinance Amending Chapters 5.36 (Peddlers) and 5.40 (Solicitors) – Alderman Hanlin reported that this is on the agenda for first read, and that the Administrative Committee recommends council approval of this ordinance as amended. The committee recommends a change in the hours (changing from 8pm to 9am to 7pm to 10am) that peddlers and solicitors are prohibited from operating. Attorney Szeto explained that the changes in this ordinance were made in order to remove food references from the peddler and solicitor ordinances since we now have the mobile food truck ordinance. Alderman Hanlin motioned to bypass 1st read on Ordinance 2021-13. Motion seconded by Alderman Isaacs. Roll call vote: Fulrath, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0. • The Administrative Committee recommends council approval of Ordinance 2021-13 as amended. Roll call vote: Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.

19. COUNCIL TALK – Alderman Gerdes asked if we have any COVID guidelines in place if an employee tests positive. Mayor Rickard said that we follow health department guidelines, and in a recent instance of an employee testing positive, all others were required to have a negative test before re-entering the building. Alderman Gerdes asked if there was a policy in place for COVID pay. Chief Murray said that laptops were ordered to allow employees to work from home if necessary. Attorney Szeto will draft a new policy to be discussed further.

20. COMMUNICATION –

a. Committee of the Whole Special Meeting – Wednesday, November 17, 2021, 5:30 pm.

b. Regular City Council Meeting – Wednesday, November 17, 2021, 6:30 pm.

21. Alderman Fulrath motioned to adjourn. Seconded by Alderman Isaacs. Roll call vote: Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Hobbie, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.

Mayor Rickard adjourned the City Council meeting at 7:07 pm.

https://www.cityofbyron.com/vertical/sites/%7B67304C08-5FC3-4329-8F07-4786D33EE040%7D/uploads/Minutes_-_2021-11-03-Approved.pdf

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