City of Galena City Council met Aug. 14.
Here are the minutes provided by the council:
23C-0295 – CALL TO ORDER
Mayor Renner called the regular meeting to order at 6:30 p.m. in the Board Chambers at 101 Green Street on 14 August 2023.
23C-0296 – ROLL CALL
Upon roll call, the following members were present: Bernstein, Johnson, Kieffer, Tegtmeyer, Westemeier, Wienen, Renner
23C-0297 – ESTABLISHMENT OF QUORUM
Mayor Renner announced a quorum of Board members present to conduct City business.
23C-0298 – PLEDGE OF ALLEGIANCE
The Pledge was recited.
23C-0299 - REPORTS OF STANDING COMMITTEES
No reports.
23C-0300 – CITIZENS COMMENTS
Craig Albaugh, 850 Young Street – Albaugh urged the council to deny the appeal for solar panels at 515 Mars Avenue. Albaugh also noted Young Street has been removed from the street paving contract for several years. The street is breaking up badly and has to be patched 3 or 4 times per year. Albaugh noted there are fifty-two cars in one block that use that street. He urged the council to add Young Street to the street paving contract.
James Boho, 1477 S. Rocky Hill Road – Boho reminded the council that the city is required to educate the community and the school district on the class A critical warnings for the intersection of 4th Street and Highway 20. The citizens deserve to know the history and warnings of this intersection. Boho stated the intersection is a serious liability and the 2022 council ignored all warnings and past histories and went ahead and passed a development. Boho urged the council to bring this up under new business and start discussions.
David Schmit, Illinois Finance Association– Schmit stated he was present for questions regarding the ordinance to participate in the Illinois Finance Authority C-PACE program. Schmitt advised they met with Mark Moran and Jennifer Schmidt and worked out the details of the plan. The County Board has adopted the plan. Schmitt recommended the city adopt the ordinance tonight.
Marcus Medler, 120 S. Bench Street – Medler spoke in opposition to the outdoor dining for the Lion’s Den at 109 S. Main Street. Medler voiced concern with it becoming a smoking alley. He feels it is not an appropriate space for outdoor dining without an exit. Medler urged the council to look at how liquor licenses are issued. He feels, in order to get a bar, owners are going with a restaurant license just to be able to obtain the license and the rest is secondary.
John Tebrugge, 100 S. Bench Street – Tebrugge advised there was a police call this weekend to 109 S. Main Street, the Galena Lion’s Den. An officer from the Jo Daviess County Sheriff’s Department responded. They were told they could have the music as loud as they wanted until 11:00 p.m. Tebrugge stated it was his understanding that the doors had to remain closed, and the music had to be turned down at 10:00 p.m. Tebrugge advised the music was quite loud up and down the street.
Regular Board Meeting 14 August 2023
Jim Stockwell, 107 N. Bench Street – Stockwell spoke in opposition to outdoor dining at 109 S. Main Street stating he does not think the alley is a good place to have entertainment like that. The property abuts residential properties. He urged the council to keep the alleys free of that and let the entertainment remain on Main Street.
PUBLIC HEARING
Motion: Wienen moved, seconded by Bernstein, to open the public hearing on the 2023-24 Archery Deer Hunting Program.
Discussion: None.
Roll Call: AYES: Johnson, Kieffer, Tegtmeyer, Westemeier, Wienen, Bernstein, Renner
NAYS: None
The motion carried.
23C-0301 – PUBLIC HEARING ON 2023-24 ARCHERY DEER HUNTING PROGRAM Testimony: No testimony.
Motion: Wienen moved, seconded by Bernstein, to close the public hearing.
Discussion: None.
Roll Call: AYES: Kieffer, Tegtmeyer, Westemeier, Wienen, Bernstein, Johnson, Renner
NAYS: None
The motion carried.
CONSENT AGENDA CA23-15
23C-0302 – APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JULY 31, 2023
23C-0303 – APPROVAL OF A RESOLUTION ON THE REVIEW AND POSSIBLE RELEASE OF EXECUTIVE SESSION MINUTES
23C-0304 – APPROVAL OF BUDGET AMENDMENT BA23-02 FOR REPAIRS TO THE NORRIS LANE LIFT STATION, OLDENBURG LANE LIFT STATION, AND DOWNTOWN FLOOD PUMPS
Motion: Kieffer moved, seconded by Tegtmeyer, to approve Consent Agenda
CA23-15. Discussion: None.
Roll Call: AYES: Tegtmeyer, Westemeier, Wienen, Bernstein, Johnson, Kieffer, Renner
NAYS: None
The motion carried.
NEW BUSINESS
23C-0305 – DISCUSSION AND POSSIBLE ACTION ON AN APPEAL BY JOHN TEBRUGGE OF DECISION BY THE ZONING BOARD OF APPEALS ON SPECIAL USE PERMITS 23S-02 AND 23S-03 FOR THE LION’S DEN, 109 S. MAIN STREET
Regular Board Meeting 14 August 2023
Motion: Westemeier moved, seconded by Johnson, to remand the decisions back to the Zoning Board for further clarification, 23C-0305.
Discussion: Westemeier was in favor of sending it back to the Zoning Board to see if things could be worked out. Johnson agreed, stating she felt the Zoning Board could make the language easily understandable to the citizens as to exactly what is allowed and the times.
Kieffer noted the restrictions are all laid out on page 60 of the packet. He was opposed to sending it back to the Zoning Board.
Tegtmeyer noted there are two special use permits. She was in favor of upholding the appeal on the outdoor dining, 23S-02. Tegtmeyer noted, according to the meeting notes, owner, Roger Gates, said there would be very little dining. It would mostly be letting people take beer out during the tour. In the original application, it showed seventeen chairs and no tables for dining. She feels the appeal has some validity due to the inconsistencies in the language of the approval and the fact that they are not actually using it for dining.
Tegtmeyer stated the second part was for outdoor entertainment. Tegtmeyer noted a number of people at the Zoning Board meeting expressed concern about the noise level and what it would mean for them. Tegtmeyer recommended allowing them to continue on to the end of the season. At that time, it could be reviewed, and a determination could be made as to whether or not they met all of the requirements that the Zoning Board said they had to meet. If all things were met, they could then be given the long-term permit in 2024.
Westemeier noted amplification was not allowed and doors must be closed when there is music inside. He recommended changing the hours to 8 p.m. on weekdays and 9 p.m. on weekends and taking a look at the walking tour to see what type of noise they make.
Wienen does not feel the area is suitable for outdoor dining as it is a highly residential area. She was in favor of sending it back to the Zoning Board to see if they could come up with something more palatable for everyone.
Tegtmeyer noted they have already been approved on the condition that it is acoustic sound only and it must end at 9 p.m. on the weekdays and 10 p.m. on the weekends.
Bernstein voiced concern, since the owner stated they would not do much in the way of outdoor dining, she feels they are asking for an outdoor bar. Bernstein was opposed to an outdoor bar.
Westemeier noted the original approval states no music permitted outdoors. Kieffer feels the Zoning Board has already spelled it out clearly.
Renner noted they are zoned downtown commercial, and this is allowed. He noted the homes abutting the property are also in downtown commercial. Renner questions why they would want to do this behind the Lion’s Den. Renner agreed it appears they want an outside bar to which he is opposed. Renner stated he agrees the owner does not want to have outdoor dining at this time. He agreed that something could be worked out for the ghost tours a couple of nights per week. Renner was in favor of sending it back for clarification.
Westemeier stated he would like the Zoning Board to review the following:
1. Outdoor Entertainment Operation Times
2. No Amplified Sound
3. Enter and Exit through the Main Street Side
4. No Music Permitted
5. Occupant Load
Regular Board Meeting 14 August 2023
Tegtmeyer questioned if the Council wanted to keep in the 6-month review for both of the special use permits. Renner recommended keeping the review at a year.
Wienen stated she feels outdoor dining is a moot point. It is what happens after outdoor dining that is loud and busy. She feels both permits need to be dealt with together. Wienen was in favor of reviewing after a year.
Tegtmeyer stated the reason she considered 6 months is because of the season. It would be better to review prior to the next season starting.
Roll Call: AYES: Johnson, Tegtmeyer, Westemeier, Wienen, Bernstein, Renner
NAYS: Kieffer
The motion carried.
23C-0306 – DISCUSSION AND POSSIBLE ACTION ON AN APPEAL BY MADELINE HONGSERMEIER, 515 MARS AVENUE, OF A DECISION BY THE HISTORIC PRESERVATION COMMISSION TO DENY THE INSTALLATION OF SOLAR PANELS ON THE ROOF OF HER PROPERTY
Motion: Wienen moved, seconded by Johnson, to approve the appeal by Madeline Hongsermeier, 515 Mars Avenue of a decision by the Historic Preservation Commission to deny the installation of solar panels on the roof of her property, 23C-0306.
Discussion: Wienen stated the solar panels will be black on black. Wienen feels they will not stick out and will look good. Wienen stated there are a lot of shrubs and with the location and position of everything we need to be both ways for people who live in the Historic District and be more consumer friendly.
Kieffer stated the roof can be seen from every angle. He was opposed to the appeal.
Bernstein stated sitting in a car you can barely see the roof. The tall shrubbery and trees obscure the view. She did not see a problem with the solar panels.
Johnson stated she considers solar panels temporary things that can be removed. Johnson felt if it can be removed, the Historic Board should consider changing the ordinance so everyone who wants them could have them. The new panels blend in with the roof and will help with people’s energy consumption.
Tegtmeyer stated, in general, she is for solar panels and anything that helps the environment. However, in this instance, under the current rules, she would vote against the appeal. Tegtmeyer feels it would be premature for the City Council to approve solar panels on this house given the location. The property is highly visible and is located on a historic street. Approval of this would go against the rules at this time. According to the rules, this building would not meet the requirements for solar panels. Tegtmeyer stated she would be in favor of reviewing the rules to make changes that would allow more structures to be solar panel friendly.
Westemeier noted the house is an 1850’s house and highly visible. He voiced concern with the council going against the Historic Preservation Commission. Westemeier stated he too is in favor of producing some better guidelines for solar panels.
Renner stated he understands both sides of the issue. The city thrives on the historic nature of buildings. Renner feels they could look at other alternatives. He was opposed to installing the panels on the roof.
Roll Call: AYES: Wienen, Bernstein, Johnson
NAYS: Kieffer, Tegtmeyer, Westemeier, Renner
The motion was denied.
23C-0307 – DISCUSSION AND POSSIBLE ACTION ON THE 2023-24 ARCHERY DEER HUNTING PROGRAM
Motion: Bernstein moved, seconded by Westemeier, to approve the 2023-24 Deer Hunting Program, 23C-0307.
Discussion: Bernstein questioned why some hunters were assigned to more than one area. She felt it might be well advised to assign hunters to only one area to allow for more hunters in order to increase the amount of culling that takes place.
Westemeier stated he is in favor of the program, and he hopes we can do better than twelve deer this year. Renner agreed.
Roll Call: AYES: Tegtmeyer, Westemeier, Wienen, Bernstein, Johnson, Kieffer, Renner
NAYS: None
The motion carried.
23C-0308 – DISCUSSION AND POSSIBLE ACTION ON STREET PAVING CONTRACT
The following bid was received:
Contractor Base Bid Alternate Bid Total Bid Helm Civil $499,584.00 $57,655.50 $557,239.50
Motion: Westemeier moved, seconded by Kieffer, to approve the street paving contract with Helm Civil with the additions, amended to include in the amount of $557,239.50.
Discussion: Renner stated the city is spending a half million dollars. If there is money available, there is concrete work to do on Bench Street and driveway work in Indian Ridge. He recommended taking a look at the cost for Young, Barry and Tyler to see if we have enough in contingencies. Renner stated we also need money for crack filling.
Tegtmeyer questioned if the motion includes the alternate bid for Barry, Young and Tyler Streets. She stated if there are safety concerns, maybe the city needs to prioritize streets. Mayor Renner stated those projects could be completed if there is money left over from the main project. He made the recommendation of including the alternate bids and they could be done if there is money left.
Amended
Motion: Westemeier moved, seconded by Kieffer, to amend the motion to include in the amount of $557,239.50.
Discussion: None.
Amended
Motion
Roll Call: AYES: Wienen, Bernstein, Johnson, Kieffer, Tegtmeyer, Westemeier, Renner
NAYS: None
The motion carried.
Main
Motion
Roll Call: AYES: Westemeier, Wienen, Bernstein, Johnson, Kieffer, Tegtmeyer, Renner
NAYS: None
The motion carried.
23C-0309 – FIRST READING OF AN ORDINANCE CREATING A PACE AREA AND ESTABLISHING THE ILLINOIS FINANCE AUTHORITY PROPERTY ASSESSED CLEAN ENERGY PROGRAM FOR RECORD OWNERS OF PROPERTY THAT, FROM TIME TO TIME, MAY VOLUNTARILY REQUEST THE LEVY OF SPECIAL ASSESSMENTS TO SECURE THE FINANCING OR REFINANCING OF THEIR PACE PROJECTS; AUTHORIZING PROGRAM ADMINISTRATORS TO ACT THEREUNDER; DESIGNATING THE ILLINOIS FINANCE AUTHORITY AS THE SOLE ISSUER OF BONDS AND NOTES; AND APPROVING RELATED MATTERS
Motion: Wienen moved, seconded by Westemeier, to approve the first reading of an ordinance creating a C-PACE Area and establishing the Illinois Finance Authority Property Assessed Clean Energy Program for record owners of property that, from time to time, may voluntarily request the levy of special assessments to secure the finance or refinancing of their C-PACE Projects; authorizing program administrators to act thereunder; designating the Illinois Finance Authority as the sole issuer of bonds and notes; and approving related matters, 23C-0309.
Discussion: Council agreed it is a great program which will benefit the community. The program is available to a lot of different people and might give incentive to someone who may wish to do affordable housing.
The Illinois Finance Authority will help promote the program.
Roll Call: AYES: Bernstein, Johnson, Kieffer, Tegtmeyer, Westemeier, Wienen, Renner
NAYS: None
The motion carried.
23C-0310 – FIRST READING OF AN ORDINANCE APPROVING THE PURCHASE OF REAL ESTATE
Motion: Westemeier moved, seconded by Wienen, to approve the first reading, waive the second reading of an ordinance for the purchase of real estate in the amount of $831.00, 23C 0310.
Discussion: Renner advised this is a small piece of land off Field Street that adjoins property the city already owns.
Roll Call: AYES: Johnson, Kieffer, Tegtmeyer, Westemeier, Wienen, Bernstein, Renner
NAYS: None
The motion carried.
23C-0311 – WARRANTS
Motion: Wienen moved, seconded by Johnson, to approve the Warrants as presented, 23C 0311.
Discussion: None.
Roll Call: AYES: Kieffer, Tegtmeyer, Westemeier, Wienen, Bernstein, Johnson, Renner
NAYS: None
The motion carried.
23C-0312 – ALDERPERSONS’ COMMENTS
YouTube – Johnson stated she is grateful to have the meeting being live streamed for the public.
Air B&B Reports – Wienen requested reports showing who is using the licenses and paying taxes.
Shuttle – Wienen requested reports on the free ride shuttle.
Cameras – Westemeier questioned the status of the cameras. Moran advised that nineteen cameras are in operation. There are ten more that should be up and running soon.
23C-0313 – CITY ADMINISTRATOR’S REPORT
Garbage/Recycling Contract – The contract has been received and he has responded with preliminary feedback. The contract will be on the next agenda for action.
Playgrounds – Moran thanked everyone involved with the playground projects. They all look great. Moran gave a shout out and thank you to Jason Bingham and his crew for doing the final concrete work.
Livestream – Moran advised this was the first night of our livestream, adding this was also one of the biggest crowds in attendance in a while as well.
23C-0314 – MAYOR’S REPORT
Mayor Renner advised the pool will be open this week. Businesses are doing well. Renner thanked staff for kicking in a keeping the town looking nice.
23C-0315 – ADJOURNMENT
Motion: Wienen moved, seconded by Tegtmeyer, to adjourn.
Discussion: None.
Roll Call: AYES: Tegtmeyer, Westemeier, Wienen, Bernstein, Johnson, Kieffer, Renner
NAYS: None
The motion carried.
The meeting was adjourned at 7:32 p.m.
https://www.cityofgalena.org/documents/filelibrary/side_tabs/agendas__minutes/city_council_minutes/2023/cc081423_55E62F8B38E9E.pdf
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