City of Byron City Council met Sept. 21.
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, Michael Gyorkos. Five 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 Gyorkos. Roll call vote: Gerdes, AYE; Fulrath, AYE; Hobbie, AYE; Gyorkos, AYE; Isaacs, AYE. Motion passed: AYE, 5; NAY, 0; ABS, 0.
Aldermen Absent: Alderman Cheryl Metz, Alderman Christy Hanlin
PRESENT: Mayor John Rickard
City Clerk Caryn Huber
City Attorney Aaron Szeto
Dir. of Public Works Aaron Vincer
Engineer Jason Stoll
Police Chief Todd Murray
Citizens Bill Pirnat, Ryan Magnoni (US Solar),
Cindy Hanlin, Bill Hanlin, Craig Dimond, Patrick
Gahan, Chas Winterton, David Nissen, Herb
Santiago, Melinda Colbert, Kathi Gehrke
4. REVERENCE PERIOD – Mayor Rickard led the Council in prayer.
5. APPROVAL/AMENDMENTS TO AGENDA –Motion by Alderman Hobbie to approve, as presented, the September 21, 2022, agenda. Seconded by Alderman Isaacs. Roll call vote: Fulrath, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Isaacs, AYE; Gerdes, AYE. Motion passed: AYE, 6; NAY, 0; ABS 0.
6. MINUTES –
a. September 7, 2022 - City Council Regular Meeting Minutes - Motion by Alderman Fulrath to approve, as presented, the September 7, 2022, City Council Regular Meeting Minutes. Seconded by Alderman Gerdes. Roll call vote: Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, AYE. Motion passed: AYE, 6; NAY, 0; ABS 0.
7. PUBLIC COMMENT –
Ryan Magnoni (US Solar) – Mr. Magnoni is a project developer with US Solar Corp. There is a project they are hoping to develop which is 1.4 miles from Byron. This project was discussed at the last council meeting, as well as at county board meetings. He is asking for a resolution from the City of Byron indicating that they approve the project. The County requires this for solar developments for projects that are within 1.5 miles outside of city limits. He is here to answer questions from the council, and hopes that the city takes action so the process can continue. He believes the project will be beneficial to the community.
8. TREASURER’S REPORT – Treasurer Huber reported that the monthly treasurer’s report is in Dropbox. She and Alderman Isaacs discussed changes to several CDs (from 1% to 3%) and well as changes to several of the city’s savings accounts. They will be changed to money market public fund accounts and will earn significantly more interest than they are now as savings accounts (from .1 to 2.3%). She also noted that the second ARPA payment has been received.
9. LIST OF BILLS – Alderman Fulrath motioned to approve the list of bills dated 9/21/22 in the amount of $83,587.63. Motion seconded by Alderman Hobbie. Roll call vote: Nehring, AYE; Gyorkos, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Hobbie, AYE. Motion passed: AYE, 6; NAY, 0; ABS, 0.
10. MAYOR’S REPORT – Residents are already asking about Trick or Treat hours. We will check with other communities and make a decision by the next 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 – No report.
14. DIRECTOR OF PUBLIC WORKS REPORT – Director Vincer met with Fire Chief DeMik to work on an agreement that covers hydrant maintenance and flushing. Tracking this information will increase our ISO rating. We will cost share with the Fire Department- our cost will be approximately $500/year. Hydrant flushing has been taking place. An iron remover is available at city hall if clothing has iron stains. • The department’s oldest pick-up truck may need to be replaced, as repair bills are adding up. • Director Vincer has met with several fencing companies to fence the lift station by the new park/playground on River Drive. Repairs will also be done to the fence around the sewer plant. • The new snow plow has arrived.
15. POLICE CHIEF REPORT – Chief Murray reported that the Public Safety Committee meeting met this evening. Two squad cars need to be declared as excess equipment. He will provide information to Attorney Szeto. One of them has damage. He has attempted to trade them in, but the condition of the cars did not allow that option.
16. COMMITTEE REPORTS
a. Community Services – No report.
b. Public Safety – Alderman Hobbie reported that the committee met this evening but did not have a quorum. Both squad cars have been purchased. Background checks are being done on one applicant. Officer Henderson will be returning from deployment in March of 2023. Chief Murray is checking on whether he plans to return to the Police Department. c. Administrative – No report.
17. CONTINUING BUSINESS
a. Sunshine Park Purchase– Hairy Cow has asked what the city’s plans are as far as street improvements by the restaurant and Sunshine Park. Attorney Szeto suggested they continue with their plans, and we will discuss at that time. IDOT Route 2 improvements will likely impact the area as well. Alderman Isaacs asked what improvements they are asking about. He is concerned that parking is short by the restaurant, and feels we should let them know what the new parking requirements will be depending on what type of facility they build.
b. Wastewater Treatment Plant – Nothing new to report.
c. UTV Ordinance – Nothing new to report. Item will be removed from the agenda.
d. TARP Grant-Colfax St. – Specs are in development. Plans should be ready by the October 5 TAS meeting.
e. City Hall Parking Lot – The parking lot is complete and final payment will be due. A local landscaper will plant some shrubs. Item will be removed from the agenda.
f. Constellation Sewer Extension – Engineer Stoll reported that plans are progressing. They are still in the report/due diligence phase and working through different alignment options. A draft report identifying several routes will be presented for city review in November.
g. Water/Sewer Rate Review – Nothing new to report. Director Vincer asked that this item be added to the Community Services Committee meeting agenda in October.
h. Moring Waste Disposal Contract –The committee continues to review the contract. We had originally asked for four additional roll-offs in fall for yard waste and bulk items, however, the committee discussed changing this to two roll-offs in spring and two in fall. Attorney Szeto sent the changes to Moring for approval.
i. Proposal for Engineering Services-IEPA Land Application Permitting – Director Vincer reported that he is looking at several land sites, already approved by the EPA, for the application of sludge. Currently, they haul sludge to Rockford or DeKalb, and he would like to have the land application as a third option. As fuel prices increase, so does the hauling fee for sludge. Alderman Isaacs asked why a fee is required for land application. Director Vincer replied that we still have to pay for someone to haul it, and the sludge has be tested before being put on the ground (when it is taken to Rockford or DeKalb, it goes to a sewer plant and is treated again). Alderman Gyorkos motioned to approve the agreement between Fehr Graham and the City for $4,900.00 for identifying IEPA permitting for land application. There was no second on the motion. No action was taken.
j. Conger Rd. US Solar Project – Mayor Rickard reported that there is a Resolution in Dropbox regarding the solar project. Attorney Szeto stated that the county solar ordinance is written in such a way that requires City approval for solar projects within 1.5 miles of the city limits. The project is not in the city, nor does it apply to the city in any way. He does not believe we have jurisdiction to actually approve projects not within the city limits. In most cases of development, the county will ask the City if the City has any concerns with a development as a courtesy, but it does not require actual city approval. However, for solar farms, the County ordinance requires actual city approval of the solar developments. Attorney Szeto’s recommendation is that we have no authority to approve or reject this project. Alderman Fulrath asked if we take no position, is it considered no or yes? Attorney Szeto replied it would likely be treated as a no since they did not meet the county requirements for approval. Alderman Gerdes asked if the outcome of this resolution will apply to future projects as well. If the County ordinance does not change, the process will be the same, and it will come before council again. Mayor Rickard added that he believes this is improperly before council, and we have no legal right to grant approval. Alderman Isaacs asked if the county could move forward if we take no action. Attorney Szeto said that they could move forward with their process. Mayor Rickard added that in the case of development, when a pre-annexation agreement is in place, the city would have the legal right to grant approval. We would implement developmental control ordinances in that case. Alderman Gerdes motioned to adopt the resolution expressing no position regarding the proposed development of a community solar garden in Ogle County on Conger Road. Motion seconded by Alderman Hobbie. Roll call vote: Gyorkos, AYE; Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Hobbie, AYE; Nehring, AYE. Motion passed: AYE, 6; NAY, 0; ABS, 0.
k. Comprehensive Plan – Nothing new to report.
l. Purchasing Property for Public Works Garage – Nothing new to report.
m. Sale of Surplus Property – Detention Pond – A resident would like to purchase the detention pond in back of their home. It will still be functional as a detention pond, and the resident has agreed not to alter or build on it. The city will save in maintenance costs. Alderman Hobbie motioned to approve the ordinance declaring real property as surplus and directing the City Clerk to Publish Notice of Sale for the Real Property Located at Marijon Dr., Pin #05-30-151-022. Motion seconded by Alderman Gerdes. Roll call vote: Isaacs, AYE; Gerdes, AYE; Fulrath, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE. Motion passed: AYE, 6; NAY, 0; ABS, 0.
n. Amending 2022 Streets Program – Director Vincer would like to re-surface another block of Merchant St. This would complete the resurfacing on Merchant from West St. to the highway. It would put us over budget on the project, but we have been under budget for other projects. As long as the total street program budget does not go over, Mayor Rickard does not think it needs to be an action item. There was no objection from council.
18. NEW BUSINESS
a. Audit Approval – Item will be reviewed by committee in October.
19. COUNCIL TALK – None
20. COMMUNICATION –
a. Regular City Council Meeting – Wednesday, October 5, 2022, 6:30 pm.
21. ADJOURN – Alderman Isaacs motioned to adjourn. Motion seconded by Alderman Fulrath. Roll call vote: Gerdes, AYE; Fulrath, AYE; Hobbie, AYE; Nehring, AYE; Gyorkos, AYE; Isaacs, AYE. Motion passed: AYE, 6; NAY, 0; ABS, 0.
Mayor Rickard adjourned the City Council meeting at 7:13 pm.
https://www.cityofbyron.com/sites/default/files/fileattachments/city_council/meeting/3939/minutes_-_2022-09-21-approved.pdf
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