City of Byron City Council met Sept. 7.
Here are the minutes provided by the council:
1. CALL TO ORDER – Mayor Rickard called the meeting to order at 6:33 p.m.
2. PLEDGE OF ALLEGIANCE – Led by Mayor Rickard
3. ROLL CALL – Aldermen present: Todd Isaacs, Emily Gerdes, Mittzi Fulrath, Zeke Hobbie, Michael Gyorkos, Christy Hanlin. Six members present.
Alderman Gerdes motioned to approve that Alderman Nehring may participate in the meeting electronically. She cannot attend in person due to illness. Motion seconded by Alderman Isaacs. Roll call vote: Gerdes, AYE; Fulrath, AYE; Hobbie, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE. Motion passed: AYE, 6; NAY, 0; ABS, 0.
Aldermen Absent: Alderman Cheryl Metz
PRESENT: Mayor John Rickard
City Clerk Caryn Huber
City Attorney Aaron Szeto
Dir. of Public Works Aaron Vincer
Dir. of Econ. Dev. Larry Hewitt
Engineer Jason Stoll
Citizens Bill Pirnat, Pam Kultgen, Terry Reeverts, Ryan Reeverts, Gary Ross, Nathan Wozniak (US Solar), Dan Wilmarth, Alvin Oltmanns, BJ Bussie, Cindy Hanlin, Bill Hanlin, Craig Dimond, Patrick Gahan, Chas Winterton, David Nissen, Matt Miller, Erica Miller, Marvin Baier, Curtis Freeberg, Steven Huber, Herb Santiago, Melinda Colbert, Kip Norup, Todd McLester, two names unreadable
4. REVERENCE PERIOD – Mayor Rickard led the Council in prayer.
5. APPROVAL/AMENDMENTS TO AGENDA –Mayor Rickard asked to have two items added to the agenda: Sale of Surplus Property – Detention Pond, as item 18f. and Amending 2022 Streets Program, as item 18g. Motion by Alderman Fulrath to approve, as amended, the September 7, 2022, agenda. Seconded by Alderman Gyorkos. 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.
6. MINUTES –
a. August 17, 2022 - City Council Regular Meeting Minutes - Motion by Alderman Hobbie to approve, as presented, the August 17, 2022, City Council Regular Meeting Minutes. Seconded by Alderman Hanlin. 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.
7. PUBLIC COMMENT –
Terry Reeverts – Terry Reeverts, Byron Township Supervisor, spoke regarding the proposed solar resolution on tonight’s agenda. The township received notice in July that a special use permit request for a solar garden on Conger Rd. was made by US Solar. At a township planning committee meeting in mid-July, the request was unanimously denied. On July 14, a general meeting of the township was held. There was considerable community presence, and once again, the request was unanimously denied. The township board wrote a letter to Ogle County Zoning stating that the request was denied due to the fact that it did not meet the township comprehensive plan. The request also failed at the Regional Planning Committee two weeks later. The request then went to the Ogle County ZBA where it was approved by a 4 to 1 vote. Mike Miller, Ogle County Building and Zoning Director, stated that he did not have a Byron Township Comprehensive Plan. A copy of the plan, filed in 2008, was given to him. After the ZBA meeting, the Assessment Planning and Zoning Committee had a meeting and reversed the ZBA decision. The request then went to the county board, where it was sent to the City of Byron, which is within 1.5 miles of the proposed solar farm. Originally, the City of Byron sent a letter of no concern to the county. Mr. Reeverts represents the people that elected him and they are against the location of the solar project, as it is taking good farmland out of production and does not fit the comprehensive plan.
Bill Hanlin – Mr. Hanlin believes that they are being misled by the use of the term “solar garden”, as the proposed project takes up over 90 acres. It would be located behind his farm.
David Nissen – Mr. Nissen lives on Conger Rd. He worked at the Byron nuclear plant for 38 years, and does not believe solar and wind generated electricity production works for the long term. If a solar farm is placed anywhere, it should be on ground that doesn’t produce anything, and should not be on usable farmland.
Ryan Reeverts – Mr. Reeverts is a member of the Ogle County Regional Planning Commission. When the petition was brought to the Commission by Mr. Ross and US Solar, the commission made the decision to deny the request based on the Byron Township vote and their conclusion that it did not meet the requirements of their 2008 Comprehensive Plan. The Ogle County Amendatory Comprehensive Plan also protects prime farmland for future non-agricultural development in the area. They also discussed its’ productivity index in comparison to the Ogle County average productivity index for farmland. The majority of this farm sits above the Ogle County average productivity index. He encouraged council members to read the 2018 Ogle County Ad Hoc Committee solar farms conditions pages, which references the 1.5 mile radius and resolution for approval from the city. With every vote made to re-zone any land, a precedent is set. U.S. Solar has sent communications to acquire additional farmland after this project. He urges the council to deny the request.
Melinda Colbert – Ms. Colbert has been on the Township Plan Commission since its’ inception. A lot of work went into the Comprehensive Plan to ensure logical growth development and preservation of agricultural land. This land is some of the best in the township, and the proposed project does not fit the plan put in place.
Nathan Wozniak (US Solar) – Mr. Wozniak clarified that this project is not a re-zoning, but rather a special use permit. Of the 90 acre total property, 35-40 acres would be used for the solar farm. The project was approved by the Ogle County Zoning Board. There is no liability to the City of Byron for clean-up. All materials are recyclable – no toxic products are used. Solar is the cheapest form of electricity, surpassing nuclear. This project would turn 35-40 acres of agricultural land into CRP, with 90-95% of the property planted with pollinator friendly habitat. The project is a 5 megawatt project, and will produce 12 million kilowatt hours of electricity per year, enough to power 1,000 homes for a year. He asked council to approve the proposed resolution.
8. TREASURER’S REPORT – No Report
9. LIST OF BILLS – Alderman Hanlin motioned to approve the list of bills dated 9/07/22 in the amount of $264,657.94. Motion 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 he attended the ribbon cutting for the city’s first downtown mural. He attended the Constellation kick-off meeting for the sewer line extension. He also attended the Northwest Illinois Mayor’s Association Meeting and the Ogle County Economic Development Committee meeting.
11. CITY ATTORNEY’S REPORT – All items are on the agenda.
12. CITY ENGINEER’S REPORT – All items are on the agenda.
13. DIRECTOR OF ECONOMIC DEVELOPMENT REPORT – Director Hewitt reported the Byron Library is preparing to do an extensive $1 million remodel. • Five new homes are currently under construction. • An Oregon business is looking at locations to possibly expand to Byron. • Frontier has filed for 12-13 permits to install residential broadband throughout the city. They have not contacted Director Hewitt, and he is attempting to contact them to discuss the project.
14. DIRECTOR OF PUBLIC WORKS REPORT – Director Vincer reported that sludge hauling is complete for the season. Costs have increased, and we are looking at a land application permit (later on agenda). • Sewer jetter repair costs totaled $15,000. The equipment budget will be over. He will discuss with Alderman Isaacs • The south parking lot was sealed by Premier Pavement Sealing. • The watermain under the tracks at Colfax is complete. It has been tested, and all systems are back on line. • Hydrant flushing will begin next week, as well as the replacement of the pressure reducing valve at the Byron Hills station. • The acorn tower is being painted. A portable water tank will be rented during the process. • A pump failure occurred at the sewer plant, with repairs costing $7,500. Electrical panel work will follow.
15. POLICE CHIEF REPORT – Chief Murray reported that he has begun testing for new officers. He has a reservation at the January Academy. • Chief Murray has hired Jerry Marts as a part time crossing guard.
16. COMMITTEE REPORTS
a. Community Services – All items are on the agenda.
b. Public Safety – No report.
c. Administrative – Alderman Hanlin reported that the committee reviewed the Moring Waste Disposal contract and discussed the city hall parking lot.
17. CONTINUING BUSINESS
a. Sunshine Park Purchase– Alderman Fulrath reported that the Community Services Committee believes the re-development agreement is going in the right direction, and asked for talks to continue. Alderman Isaacs asked if any discussion was held regarding timeframe, and Alderman Fulrath replied that it would be discussed in continuing negotiations. Alderman Isaacs referred to the 90 day timeframe and asked why more work on the plan wasn’t done in the two to three months prior to the sale of the property. Todd McLester, Hairy Cow Brewery, responded that they were waiting for the city to make a decision on the sale of the property before spending money on a more definitive plan for the land. Now that Attorney Szeto has a conceptual plan, he said that additional details can be discussed regarding parking, timeframe, etc.
b. Wastewater Treatment Plant – Nothing new to report.
c. UTV Ordinance – Nothing new to report.
d. TARP Grant-Colfax St. – Engineer Stoll reported that plans are being reviewed by IDOT, and the project is on track for 2023.
e. City Hall Parking Lot – The parking lot is complete except for some landscaping. Stenstrom submitted a change order for re-paving the west side of the building. A quote from Stenstrom is included in Dropbox. The quote includes the cost to make grade adjustments to make the lot ADA compliant. Director Hewitt added that the funds are available through the TIF District. Alderman Isaacs questioned the possible thickness of the asphalt since the Fire Department used to park trucks at that location when they occupied the building. Alderman Isaacs added that the funds are available, but the budget would need to be adjusted. There is no committee recommendation, and Mayor Rickard asked for a motion from council. Hearing none, the issue failed.
f. Constellation Sewer Extension – Engineer Stoll reported that a kick-off meeting was held, where potential routes from the nuclear plant to the sewer plant were discussed. Fehr Graham is preparing a report that will identify three preferred routes, detail the impacts to property, and give cost analysis. Survey work has begun and soil boring will be scheduled. He hopes to have the report ready for the November City Council meeting. Constellation would like the project to begin next year.
g. Water/Sewer Rate Review – Nothing new to report.
h. Moring Waste Disposal Contract – Nothing new to report. The committee is reviewing the contract.
18. NEW BUSINESS
a. ChiliFest Approval – Alderman Fulrath reported that the Community Services Committee recommends council approval of the Byron Chamber of Commerce ChiliFest event on October 15. Alderman Fulrath motioned to bypass first read of the Byron Chamber of Commerce Chilifest request. Motion seconded by Alderman Hobbie. Roll call vote: Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, NAY; Fulrath, AYE; Hobbie, AYE; Nehring, AYE. Motion passed: AYE, 6; NAY, 1; ABS, 0. ChiliFest Approval: Roll call vote: Hanlin, AYE; Isaacs, AYE; Gerdes, NAY; Fulrath, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE. Motion passed: AYE, 6; NAY, 1; ABS, 0.
b. Proposal for Engineering Services-IEPA Land Application Permitting – No action taken.
c. Resolution Regarding Conger Rd. U.S. Solar Project – No action was taken in committee.
d. Comprehensive Plan – Mayor Rickard recommends that our Comprehensive plan be updated, and is forming a committee to begin work and secure funding.
e. Purchasing Property for Public Works Garage – Discussion will be held in Executive Session.
f. Sale of Surplus Property – Detention Pond – Attorney Szeto will prepare an ordinance by the next meeting. A resident would like to purchase the detention pond next door to them. Alderman Gerdes asked if EPA guidelines will need to be followed. Attorney Szeto said this is storm water detention and it will be our responsibility to make sure no grading is altered. No sheds, etc, can be put up on the property. The purchaser has agreed to mow and not alter the property.
g. Amending 2022 Streets Program – Item is for information, not action. Director Vincer is asking for $15,000 to complete paving on Merchant St.
19. COUNCIL TALK – Alderman Fulrath thanked the residents for attending and voicing their opinions this evening. • Alderman Gerdes wished the Chamber luck with the ChiliFest event, but has concerns about policing the event.
20. EXECUTIVE SESSION –
a. Executive Session pursuant to 5 ILCS120/2(c)(5) of the Illinois Open Meetings Act to discuss the potential purchase of real estate by the City – Alderman Isaacs motioned to go into Executive Session at 7:15 pm. Motion seconded by Alderman Gyorkos. 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. Mayor Rickard invited Attorney Szeto, Clerk Huber, and Director Vincer to remain.
Council returned from Executive Session at 7:33 pm. Council members present: Gerdes, Fulrath, Hobbie, Nehring, Gyorkos, Hanlin, Isaacs. Also present: Mayor Rickard, Attorney Szeto, Clerk Huber, Director Vincer
21. COMMUNICATION –
a. Regular City Council Meeting – Wednesday, September 21, 2022, 6:30 pm.
22. ADJOURN – Alderman Fulrath motioned to adjourn. Motion seconded by Alderman Hobbie. 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.
Mayor Rickard adjourned the City Council meeting at 7:34 pm.
https://www.cityofbyron.com/sites/default/files/fileattachments/city_council/meeting/3934/minutes_-_2022-09-07-approved.pdf
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