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Monday, April 29, 2024

City of Byron Administrative Committee met Oc. 6

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City of Byron Administrative Committee met Oc. 6.

Here are the minutes provided by the committee:

Alderman Hanlin called the meeting to order at 5:15 pm.

1. ROLL CALL –

MEMBERS PRESENT: Chairman Alderman Christy Hanlin, Alderman Jessica Nehring, Alderman Todd Isaacs, Alderman Cheryl Metz

MEMBERS ABSENT: None

OTHERS PRESENT: Mayor John Rickard, Clerk Caryn Huber, Attorney Aaron Szeto, Economic Development Director Larry Hewitt, Police Chief Todd Murray

PRESENT UNTIL 5:30 PM COMMUNITY SERVICES MEETING: Alderman Mittzi Fulrath, Alderman Emily Gerdes

CITIZENS PRESENT: Joe & Amy Schumacher, Andrew & Christina Mundt, Amy Eder, Linda McNames, Ron Svartoien, J.B. Northrop, Melissa Leon, Tony Dinges, Chad Springer, Brian and Bev Johnson, Phil Anders, Kurt Larson, Doug Williams, Doug Knodle, John Gates

2. APPROVAL OF AGENDA – OCTOBER 6, 2021 – Alderman Hanlin asked to move item #10 (Squad Car) to discuss after Item #4 (Approval of Minutes). Alderman Nehring motioned to approve, as amended, the October 6, 2021, Administrative Committee meeting agenda. Seconded by Alderman Isaacs. Roll call vote: Metz, AYE; Isaacs, AYE; Nehring, AYE; Hanlin, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0.

3. PUBLIC COMMENT –

Amy Eder – Ms. Eder spoke in reference to allowing UTV use in Byron. She addressed Alderman Hanlin’s concerns voiced at the last meeting regarding access into town. Ms. Eder spoke with Mark Rundle, Byron Township Supervisor, who said he did not have concerns about the UTVs. Ms. Eder added that the average user of a UTV is over 18, and these are expensive vehicles (in many cases the cost is more than a car). She feels that the majority of UTV owners will be respectful of any ordinances that are passed.

Amy Schumaker - Ms. Schumaker is also in favor of allowing UTVs on the streets of Byron. She gave Alderman Hanlin copies of the ordinances from Dixon and Pecatonica. They include a waiver that they have the required safety features. Drivers must be over 18, have a valid driver’s license, and be insured. They must have proper lights and seat belts. Some communities allow UTVs only until a specified time at night, and do not allow parking on the street. Violations can result in fines or the revoking of the UTV sticker. She suggested that the city try the ordinance, and if there are too many problems, discontinue the UTV use.

4. APPROVAL OF MINUTES – SEPTEMBER 1, 2021 – Alderman Hanlin motioned to approve, as presented, the September 1, 2021, Administrative Committee meeting minutes. Seconded by Alderman Nehring. Roll call vote: Isaacs, AYE; Nehring, AYE; Hanlin, AYE; Metz, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0.

SQUAD CAR (moved from #10) – Chief Murray stated that at the last Public Safety Committee meeting, Alderman Isaacs indicated Chief can proceed with looking for a new squad car. Alderman Isaacs confirmed. Alderman Hanlin stated that funds for squad cars typically came out of the telecommunications tax. With this tax decreasing each year, we will need to find alternative funds in the future. Alderman Isaacs motioned to bypass first read and recommend council approval to authorize Chief Murray to attempt to procure a police vehicle, not to exceed $35,000. Motion seconded by Alderman Hanlin. Roll call vote: Nehring, AYE; Hanlin, AYE; Metz, AYE; Isaacs, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0.

5. PERFORMANCE BONDS FOR ROW EXCAVATIONS – Attorney Szeto stated that he is working on updating the amounts of bonds required for companies working in our right of ways. Currently, the amount of bond required is $1,000, which is not enough to cover major road work.

6. AUSTIN LUEPKES-FAMILY DOLLAR TIF APPLICATION – The TIF agreement has been written for this award of $19,810 to assist with façade improvements. At the committee’s request, a stipulation was added that the owner will pay the TIF award back 100% if he goes out of business during the first year, and 50% if he goes out of business during the second year. Alderman Metz asked about the TIF checks that are listed on the List of Bills tonight. These are funds that must be paid back due to agreements that have been made. These funds are not included in the amount of TIF funds available for grants. This year’s budgeted amount for TIF grants is $30,000. Alderman Isaacs added that the TIF currently has sufficient funds available if the $30,000 needs to be increased. The total cost of the Luepkes’ project is $80,000. Alderman Isaacs motioned to recommend council approval of the Austin Luepkes-Family Dollar TIF agreement as presented. Seconded by Alderman Metz. Roll call vote: Hanlin, AYE; Metz, AYE; Isaacs, AYE; Nehring, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0.

7. GREG & MICHELLE JOZEFOWICZ-PARADISE NUTRITION TIF APPLICATION – Greg and Michelle Jozefowicz have purchased the building where their business is located (130 W. 2nd St.). There is a back entrance that exits to the municipal parking lot, and they are requesting a TIF grant to make improvements to the exterior, including the back, of the store. Total project cost is $14,074.32. 75% of the total cost is $10,555.74. This grant plus the grant for Family Dollar meets our budgeted amount for this year, but council does have the option of increasing the amount using TIF reserve funds. They have been unable to find a contractor, so they are planning to do the work themselves. The amount requested is for materials only since they will be providing the labor. Alderman Isaacs asked about the design of the sign fitting in with the downtown area. Director Hewitt has not seen the design but our sign ordinance states that we must see the design prior to issuing the permit. Alderman Nehring is in favor of awarding the TIF request. She supports small business and feels they are a good fit for the community. Attorney Szeto will draft the agreement, and it will be discussed further at the November committee meeting.

8. ORDINANCE TITLE 1 REVISIONS – As part of our ongoing code review, the proposed changes to Title 1 are in Dropbox. There are several updated statutory citations, and many provisions that are already set by state statute (some of which are out of date). There is no need to duplicate the state statute, and those will be removed. The fine for violations ranges from $50 to $750. The $750 is capped by state statute, but the $50 minimum can be raised. Alderman Isaacs suggested raising the minimum fine to $100. Alderman Hanlin motioned to raise the minimum fine to $100, and to recommend council approval of the Title 1 code revisions as presented. Motion seconded by Alderman Metz. Roll call vote: Metz, AYE; Isaacs, AYE; Nehring, AYE; Hanlin, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0.

9. UTV DISCUSSION AND ORDINANCE – Alderman Metz stated that she does not have any issue with UTVs in Byron, but she is concerned that there has been no agreement made with the Byron Township. Mark Rundle, Byron Township Supervisor, said that the item has not been on their agenda. In order to meet the maximum speed allowed of 35mph, the speed limit would need to be lowered from Tower Rd. to the water tower. After that point, the county would need to review their speed limits. Ogle County also controls Conger Road, and many others leading into Byron. Alderman Metz’s concern is that people will be driving illegally on roads to come into the city, and this presents a problem for the Sheriff’s Department and local Police Department. Alderman Metz likes many of the ideas and regulations that were presented from the neighboring community ordinances, but thinks there is more work to be done in order for council to consider allowing UTVs in Byron. Alderman Isaacs stated that the Sheriff’s Department has not been issuing citations for UTV use unless there is a blatant offense. Chief Murray said the speed limits could be adjusted but we would need to work with the townships and county. Alderman Isaacs stated we can only control what is happening within our city limits, and shouldn’t worry about what may or may not be happening with township and county roads. Referencing the sample application that was distributed, he asked Chief Murray how the police department would handle the inspections. Chief Murray stated that it will have to be by appointment only, and the waiver of liability would need to be written and signed so as not to put any liability on his officers or the city. Other items that were discussed include age minimum of driver (Chief Murray is in favor of 21), insurance requirements, car seats for children, hours of operation, parking restrictions and cost of sticker. Alderman Isaacs suggested $150 for first year, $100 annually after. The Park District and School District have requested that the ordinance ban UTVs from their properties. Mayor Rickard would like to see us try this, and suggested the committee vote to move the subject forward or not. Details can be worked out if the council is in agreement. Alderman Nehring is not in favor of allowing the UTVs in Byron as long as they are illegal on township and county roads, however, she would like to have the entire council involved in making the decision. Alderman Metz motioned to approve the concept and move the discussion forward to city council, with the details to be worked out in further committee discussions if approved. Seconded by Alderman Isaacs. Roll call vote: Isaacs, AYE; Nehring, AYE; Hanlin, AYE; Metz, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0.

10. SQUAD CAR PURCHASE – Item was discussed earlier in the agenda.

11. RESOLUTION FOR THE APPOINTMENT OF TESS CRULL & ARNQUIST AS ADMINISTRATIVE HEARING OFFICER – Mayor Rickard stated that council decided to implement an administrative hearing officer. After interviewing several candidates, the mayor is recommending Tess Crull & Arnquist. A resolution and letter of engagement are included in Dropbox. Cost is $200/hour. Alderman Nehring motioned to recommend council approval of the resolution to retain Tess Crull & Arnquist as Administrative Hearing Officer. Motion seconded by Alderman Isaacs. Roll call vote: Nehring, AYE; Hanlin, AYE; Metz, AYE; Isaacs, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0.

12. DOG PARKS – Alderman Hanlin tabled item until the next meeting.

13. BOAT DOCKS – Alderman Hanlin tabled item until the next meeting.

14. ADJOURN – Alderman Hanlin motioned to adjourn the Administrative Committee meeting. Seconded by Alderman Metz. Roll call vote: Hanlin, AYE; Metz, AYE; Isaacs, AYE; Nehring, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0.

Alderman Hanlin adjourned the meeting at 6:19 pm.

https://www.cityofbyron.com/vertical/sites/%7B67304C08-5FC3-4329-8F07-4786D33EE040%7D/uploads/10-06-21_Admin_Comm_Minutes-Approved.pdf

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