City of Byron City Council met April 20.
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, Cheryl Metz, Zeke Hobbie, Jessica Nehring, Michael Gyorkos. Seven members present. Quorum established.
Aldermen Absent: Christy Hanlin
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 John Rose, Chad Nelson (CoyleKiley)
Dan and Becky Klenske
Heriberto Santiago
4. REVERENCE PERIOD – Mayor Rickard led the Council in prayer.
5. APPROVAL/AMENDMENTS TO AGENDA – Motion by Alderman Gerdes to approve, as presented, the April 20, 2022, agenda. Seconded by Alderman Fulrath. Roll call vote: Gerdes, AYE; Fulrath, AYE; Metz, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Isaacs, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.
6. MINUTES –
a. April 6, 2022 - City Council Regular Meeting Minutes - Motion by Alderman Metz to approve, as presented, the April 6, 2022, City Council Regular Meeting Minutes. Seconded by Alderman Gyorkos. Roll call vote: Fulrath, AYE; Metz, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Isaacs, AYE; Gerdes, ABS. Motion passed: AYE, 6; NAY, 0; ABS 1.
7. PUBLIC COMMENT – None
8. TREASURER’S REPORT –Treasurer Huber stated that the treasurer’s report for the month of March 2022 is in Dropbox.
9. LIST OF BILLS – Alderman Isaacs asked to pull the Fehr Graham bill and hold until next meeting. He needs to change some of the account codings, and stated that some of the charges are for the 2022-2023 fiscal year, which begins May 1. Alderman Metz asked about the TIF grant payment (Director Hewitt stated it was for Family Dollar) and the charge from Galls (Chief Murray stated it was for the officer’s uniform allowance). Alderman Gerdes asked about the charge from Buss Boyz Custom. Chief Murray stated the charge is for moving equipment from one squad car to another, and installing new equipment. Motion by Alderman Isaacs to approve the list of bills dated April 20, 2022, less the Fehr Graham bill, in the amount of $92,069.36. Seconded by Alderman Gyorkos. Roll call vote: Metz, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.
10. MAYOR’S REPORT – No report, except Mayor Rickard stated that he and others received an anonymous letter, but he is unable to respond to anonymous letters.
11. CITY ATTORNEY’S REPORT – No report. All items are on the agenda.
12. CITY ENGINEER’S REPORT – No report. All items are on the agenda.
13. DIRECTOR OF ECONOMIC DEVELOPMENT REPORT – Director Hewitt reported that there is a new coordinator of the Farmer’s Market. The city has allowed the group to hold the event in Sunshine Park. Since Hairy Cow is in negotiations with the city to purchase the park, they spoke with Hairy Cow and, if the sale goes through, received permission from them to continue to hold the event at that location this year. Alderman Gyorkos suggested the United Church of Byron as an alternative location. • Dos Amigos has presented a plan for a 24 x 26 roofed outdoor area. It may need to be modified to move further away from the road. The Dos Amigos building is now under local ownership. • The Spahn & Rose site has been sold. It may be split up into several parcels. • There is a small triangle of land in Sunshine Park that appears to still be owned by Quality Metal (who originally sold the park to the city). Title searches will be done, but Quality Metal has agreed to deed the small parcel to the city if need be.
14. DIRECTOR OF PUBLIC WORKS REPORT – Director Vincer reported that he, Engineer Stoll and Sewer Plant Operator Steve Christiansen, toured the new sewer plant in South Beloit. • Director Vincer has met with Forest Preserve Executive Director Todd Tucker and they discussed moving the public works building to Forest Preserve property. They discussed several options that could be done at a reasonable cost. • The department has been doing street sweeping and sewer cleaning. • Both pumps that failed recently at the sewer plant are under warranty.
15. POLICE CHIEF REPORT – Chief Murray reported that Officer Woolbright graduates the Academy tomorrow and is scheduled to work on Sunday. Officer Curtis will start Monday and leaves for training on May 9. • Chief Murray recently heard from Thomas Dodge. They are fairly certain they will have a squad car for him soon. • 60 UTV permits have been issued.
16. COMMITTEE REPORTS
a. Community Services – No report.
b. Public Safety – No report.
c. Administrative – No report.
17. CONTINUING BUSINESS
a. Mill Road Rec Path – A pre-construction meeting will be held on May 4 at 3pm. Construction on the project should begin at the end of May.
b. Wastewater Treatment Plant – Our wastewater treatment plant facility plan is still under review at the EPA. We hope to be on the approved funding list for $15 million, however, this does not mean our loan will begin at that time. Engineer Stoll stated that he anticipates one year of design work, followed by acquiring construction permits next summer and finalizing loan documents the following winter.
c. City Hall Parking Lot – Plans for the project are out to bid, and are due May 3. The original engineer estimate was $100,000, but because of rising costs, is now up to $140,000.
d. UTV Ordinance – Alderman Gerdes discussed an email received from Sergeant Boehle regarding UTV safety concerns. She asked if the Public Safety Committee could address these concerns, and asked if some of the police officers could attend to discuss their concerns and find out how the new ordinance is going. Chief Murray added that there has not been much activity yet, but will address Alderman Gerdes’ questions at the next committee meeting.
e. Surf Broadband – Surf Broadband is currently reviewing our proposed changes to the contract. Attorney Szeto will follow up with them.
f. Sunshine Park Purchase –As mentioned under Director Hewitt’s report, Attorney Szeto said there is a small parcel of land that was deeded incorrectly and appears to be owned by Quality Metal. A title search will need to be done to verify ownership. All of the land surrounding the parcel was deeded to the city years ago. Attorney Szeto will wait for this situation to be resolved before speaking with the owners of Hairy Cow again.
g. 2022-2023 Budget Ordinance – Alderman Gerdes asked if changes will be made to the 2022-2023 ordinance like they are being made in the 2021-2022 budget (next item on the agenda). She would like financial responsibility to be in each department. Alderman Isaacs spoke to the changes listed in the 2021-2022 budget. Within several departments, money is being moved from one category to another. The largest transfer will be the sewer capital transfer. Nothing was transferred from water and sewer to the sewer improvement fund for a year (it was kept in the water and sewer account to cover expenses, if needed, until rates were raised), and $214,000 will be transferred this year. The capital improvement fund was designed to cover sewer improvements and maintenance. Residents were charged $10, $9 of which was to be transferred to the improvement fund. The money in the short term, once it is transferred, will be used to cover engineering fees on the new wastewater treatment plant facility. This avoids having to take out a loan to pay the engineering fees. The EPA loan, once received, will reimburse those funds to the sewer improvement fund. The equipment and road fund has an additional $75,000 being added to it. Alderman Isaacs explained that this money was a result of engineering costs for grants that we applied for that were not accounted for in the budget. He asked that more discussion be held regarding grant applications and the fees incurred as a result of applying for them. The garbage account was underestimated, and an additional $5,000 was added to the fund.
Alderman Fulrath asked if the use of local use tax is part of the adjustments being made. Alderman Isaacs said that the local use tax has previously been used for roads, but he would like to use the money in the general fund. Clerk Huber read from the minutes of the 4/6/22 meeting: “Using Local Use Tax Funds in the general fund, instead of roads, was approved by general consensus”. A formal vote was not taken. Attorney Szeto said that previously, determining that the funds were being used for roads, was not done by a vote, but rather was determined by a consensus of the council, therefore a vote was not necessary to make the change. Mayor Rickard added that if the budget is approved, the local use tax will be applied to the general fund. He does not believe the changes will compromise road projects. Alderman Fulrath and Alderman Gerdes disagreed. Alderman Isaacs pointed out that there is currently $1.5 million in street accounts. Alderman Gerdes said that street projects were conservative during the last two years due to COVID and the uncertainty of how that would affect taxes. Alderman Fulrath added that some of the funds are being saved for larger projects. Alderman Hobbie asked if we are allowed to move funds during the year, and Alderman Isaacs replied that we are able to do that. Alderman Isaacs stressed the need for placing engineering where it belongs in the budget in order to keep better track of it.
Alderman Isaacs asked if there were any additional questions regarding the budget. There were none, and Mayor Rickard asked for a vote. The Administrative Committee recommends council approval of the 2022-2023 Budget Ordinance, 2021-25. Roll call vote: Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Isaacs, AYE; Gerdes, NAY; Fulrath, NAY; Metz, AYE. Motion passed: AYE, 5; NAY, 2; ABS 0. Motion passed.
h. Ordinance – 2021-2022 Budget Account Transfers, Balance Increases and Transfer to Sewer Improvement Fund – These items were discussed during the Budget discussion. The Administrative Committee recommends council approval of the ordinance to amend the 2021-2022 budget. Roll call vote: Nehring, AYE; Gyorkos, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, NAY; Metz, AYE; Hobbie, AYE. Motion passed: AYE, 6; NAY, 1; ABS 0. Motion passed.
i. Bond Refinancing/Ordinance – Item is still being discussed in committee.
j. 2022-2023 Streets – Slurry Seal Bid – Alderman Fulrath stated that the Community Services Committee recommends council approval to award the slurry seal bid, as part of the 2022-2023 streets projects, to Struck and Irwin, at a cost of $107,383.15. Roll call vote: Gyorkos, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Metz, AYE; Hobbie, AYE; Nehring, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0. Motion passed.
k. 2022-2023 Streets – Chip Seal Bid – Alderman Fulrath stated that the Community Services Committee recommends council approval to award the chip seal bid, as part of the 2022-2023 streets projects, to Martin & Company, at a cost of $157,630.00. Roll call vote: Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Metz, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0. Motion passed.
l. TARP Grant-IDOT Agreement for Construction Engineering – Item is still being discussed in committee.
m. Insurance-Change Broker of Record – Chief Murray reported that Chad Nelson had been our insurance broker for many years when he was with Crum Halsted. He left that firm about a year ago and is now with CoyleKiley. Chad Nelson was in attendance with John Rose. He thanked the council for the opportunity to speak with them. He is a lifelong Byron resident, and looks forward to the opportunity to work with the city again. The item will be discussed at the Administrative Committee in May.
18. NEW BUSINESS
a. Waive Connection Fee – Mill Road – Becky and Dan Klenske are residents on Mill Road. Becky had recently written a letter to the aldermen about a water and sewer issue they were having. Becky addressed the council and stated that they moved to Byron in October. When they purchased the home, they were told they were part of the Township, and they had well and septic. A few months later, they began having issues with their septic system, and were told by the County that the septic system could not be fixed or replaced and they had to tie into the sewer system. They also needed to abandon their well and hook on to city water. There is quite a bit of expense involved in making these changes and they were asking for clarity from the city. Up until this point, their attorney has been in contact with Attorney Szeto. Attorney Szeto explained that the County has rules that state if a home is within a certain number of feet of public sewer, they will not allow a septic field to be placed or repaired. This is the first time a situation like this has occurred here. If a home is hooked up to city water and sewer, they would be required to be annexed into the city. Staff is recommending to council that the connection fee be waived for existing homes that are outside of the city limits but that have existing water and sewer outside of their home. This does not apply to new development. Alderman Gerdes motioned that council bypass the first read on this ordinance. Motion seconded by Alderman Metz. Roll call vote: Gerdes, AYE; Fulrath, AYE; Metz, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Isaacs, AYE. Motion passed: AYE, 7; NAY, 0; ABS 0.
Alderman Gerdes motioned to recommend council approval of the Ordinance that waives the connection fees for existing homes where the sewer main is adjacent to the property. Motion seconded by Alderman Isaacs. Roll call vote: Fulrath, AYE; Metz, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Isaacs, AYE; Gerdes, AYE. Motion passed: AYE, 7; NAY, 0; ABS, 0. Attorney Szeto will be in touch with the homeowners regarding an annexation agreement.
19. COUNCIL TALK – Alderman Hobbie asked about homes on Kingsway Lane that have pools of water collecting through their backyards after heavy rains. Engineer Stoll said this is drainage from the Middle School, and has been an ongoing problem. Engineer Stoll said that it is especially bad after winter when the ground is still partially frozen. Director Hewitt said there was work done several years ago. The city did the engineering, but the homeowners weren’t willing to take their back fences down in order for the city to regrade the property in back of the homes. Engineer Stoll stated that in order to solve the problem, there needs to be cooperation from all of the neighbors being effected. There should have been a drainage easement when the subdivision was accepted by the city years ago. If there are new neighbors, it may be possible to propose this plan again.• Alderman Gerdes explained that her reason for voting no on the budget had to do with the change in the usage of the local use tax. • Mayor Rickard just received word that Angie Insco from Winnebago has accepted the position of utility billing clerk. She will be training with Deb Johnson, who will be retiring at the end of the year. She will also be cross-training in accounts payable.
20. COMMUNICATION –
a. Regular City Council Meeting – Wednesday, May 4, 2022, 6:30 pm
21. ADJOURN – Alderman Fulrath motioned to adjourn. Motion seconded by Alderman Gyorkos. Roll call vote: Metz, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE, Fulrath, AYE. Motion passed: AYE, 7; NAY, 0; ABS, 0.
Mayor Rickard adjourned the City Council meeting at 7:35 pm.
https://www.cityofbyron.com/sites/default/files/fileattachments/city_council/meeting/3906/minutes_-_2022-04-20-approved.pdf
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