NW Illinois News

City of Byron City Council met July 17.

Here are the minutes provided by the council:

1. CALL TO ORDER – Mayor Rickard called the meeting to order at 6:32 pm.

2. PLEDGE OF ALLEGIANCE – Led by Mayor Rickard

3. ROLL CALL – Aldermen present: Todd Isaacs, Emily Gerdes, Jessica Nehring, Michael Gyorkos. Four members present.

Aldermen Absent: Christy Hanlin, Mittzi Fulrath, Ron Boyer

PRESENT: Mayor John Rickard

City Clerk Caryn Huber

City Attorney Aaron Szeto

Public Works Dir. Aaron Vincer

Police Chief Jeremy Boehle

City Engineer Jason Stoll

Citizens Charles Van Horn, Buster Barton, Kurt Larson Constellation: Sean Tanton, Michelle Kelm, Paul Dempsey, Ryan Tozer, Shane Harvey Elrod Friedman LLP: Caitlyn Culbertson, Ben Schuster

Motion by Alderman Gerdes to allow Alderman Hanlin to participate by phone. Motion seconded by Alderman Nehring. Roll call vote: Gerdes, AYE; Nehring, AYE; Gyorkos, AYE; Isaacs, AYE. Motion passed: AYE, 4; NAY, 0; ABS, 0. Five members present.

4. REVERENCE PERIOD – Mayor Rickard led the Council in prayer.

5. APPROVAL/AMENDMENTS TO AGENDA –Motion by Alderman Isaacs to approve, as presented, the July 17, 2024, agenda. Seconded by Alderman Gerdes. Roll call vote: Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE. Motion passed: AYE, 5; NAY, 0; ABS, 0.

6. MINUTES –

a. June 26, 2024 – City Council Special Meeting Minutes – Motion by Alderman Gerdes to approve, as presented, the June 26, 2024, City Council special meeting minutes. Seconded by Alderman Isaacs. Roll call vote: Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE; Nehring, AYE. Motion passed: AYE, 5; NAY, 0; ABS, 0.

7. PUBLIC COMMENT – None

8. TREASURER’S REPORT – Treasurer Huber stated that the Treasurer’s Report for June is in Dropbox. She also reported that we have received our first check from Ogle County for property taxes. A distribution breakdown is included in Dropbox.

9. LIST OF BILLS –

a. July 3, 2024 – Motion by Alderman Isaacs to approve, as presented, the July 3, 2024, List of Bills in the amount of $4,554.22. Motion seconded by Alderman Nehring. Roll call vote: Hanlin, AYE; Isaacs, AYE; Gerdes, AYE; Nehring, AYE; Gyorkos, AYE. Motion passed: AYE, 5; NAY, 0; ABS, 0.

b. July 17, 2024 – Alderman Isaacs asked how long the lift was rented from Sunbelt. Director Vincer responded that the rental was for 10 days. Motion by Alderman Gerdes to approve, as presented, the July 17, 2024, List of Bills in the amount of $354,312.87. Motion seconded by Alderman Nehring. Roll call vote: Isaacs, AYE; Gerdes, AYE; Nehring, AYE; Gyorkos, AYE; Hanlin, AYE. Motion passed: AYE, 5; NAY, 0; ABS, 0.

c. July 17, 2024 (2) – Will be discussed later in the agenda.

10. MAYOR’S REPORT – Mayor Rickard discussed the tornado that went through town on Monday night. He thanked Public Works for their fast response and for their work clearing trees and opening streets. Representatives from Constellation are in attendance. They have asked the County to re-zone several parcels around the plant that are owned by Constellation. A number of those parcels are within a mile and a half of Byron. At the invitation of the mayor, they are here to explain the purpose of re-zoning the land.

11. CITY ADMINISTRATOR’S REPORT – No report.

12. CITY ATTORNEY’S REPORT – No report. All items are on the agenda.

13. CITY ENGINEER’S REPORT – Engineer Stoll reported that the slurry seal is complete in Rose Meadows and ShadowWood. Final paperwork will be available soon. The manholes are done, and the streets scheduled for overlay will be done in mid/late August. Work on the boat launch is delayed due to the high water levels. Mayor Rickard noted that the slurry seal looked much smoother than in the past.

14. DIRECTOR OF PUBLIC WORKS REPORT –

a. Public Works Building Update – Will be discussed later in the agenda.

b. Wastewater Treatment Plant – No update.

c. Other – Director Vincer thanked the Public Works crew for their hard work following Monday night’s storms. Two crews will continue clean-up in the next several weeks. Sisson’s Tree Service has been very helpful with clearing the roads of large limbs. This storm resulted in many sites being without power, including the city’s lift stations. The generators that were recently installed were able to keep the lift stations in operation throughout the storm and after. The boat dock that was not installed yet broke loose and is moving downstream. If they can locate it, they will attempt to retrieve it once it is safe to do so. The TAS committee discussed extending the burn ordinance to aid in storm cleanup. Rather than start in October, we would start earlier for this year only. This will be discussed further at the next committee and council meeting.

15. POLICE CHIEF REPORT – Chief Boehle reported that ByronFest went well despite making several arrests. They had to shut down the fest early on Saturday night due to lightning. The two candidates at the Academy are doing well and will be done on August 22.

16. COMMITTEE REPORTS –

a. Community Services – No report.

b. Public Works – Alderman Nehring reported that no meeting was held tonight due to lack of a quorum.

c. Administrative – Alderman Isaacs reported that the Administrative Committee was cancelled due to lack of a quorum. Several items on the agenda were health insurance renewal, swimming pool code adoption, and G.O. Bonds for the Public Works building.

17. CONTINUING BUSINESS

a. 221 N. Walnut St. Sidewalk Replacement – Director Vincer reported that a date has been set for the inspection. The project will be put out for bid.

b. Ordinance Vacating Portion of Alley North of 319 N. Market St. –The survey is complete. Engineer Stoll will forward to Attorney Szeto.

c. Pedal Bus Alcohol License – Item is still in committee.

d. Boat Launch Construction Change Order – Item is still in committee.

e. DPI Manhole Payment – The DPI Manhole payment is on the July 17(2) list of bills. Engineer Stoll reported that this is the first payment to DPI Construction in the amount of $65,078.71. The Community Services Committee recommends council approval of the payment. Alderman Nehring motioned to approve the July 17 (2) list of bills and make payment to DPI Construction in the amount of $65,078.71. Motion seconded by Alderman Gerdes. Roll call vote: Gerdes, AYE; Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE. Motion passed: AYE, 5; NAY, 0; ABS, 0. Engineer Stoll added that the final payment should be ready for committee review in two weeks.

f. Public Works Building Bid Awards – Alderman Gerdes reported that the committee had asked for a breakdown of the General Conditions portion of the bid which has been provided. Kurt Larson, Larson & Darby, was in attendance to answer questions. A design fee was removed from the bid after discussion at the TAS meeting. The total tabulated bid, after removal of the design fee, is $3,023,763.00. The bid has support from the Community Services Committee, but not a formal recommendation. Motion by Alderman Isaacs to accept the bid from CORD for $3,023,763.00 for the Public Works building. Motion seconded by Alderman Nehring. Roll call vote: Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE. Motion passed: AYE, 5; NAY, 0; ABS, 0.

18. NEW BUSINESS

a. Health Insurance Renewal – Information is in Dropbox. Item will be reviewed by committee.

b. Constellation Rezoning Request – Constellation has approached the County about rezoning several parcels of landed from AG-1 (agricultural) to I-1 (industrial). Ryan Tozer, Manager, Local Government Affairs, and Shane Harvey, Plant Manager, spoke on behalf of Constellation. Mr. Tozer thanked the community for their support when the plant was threatened with being shut down in 2021. Constellation is requesting the re-zoning of property around the station’s footprint to bring it into alignment with their other industrial zoned parcels in order to attract a “behind the meter” customer. A behind the meter customer provides a predictable, long-term revenue stream to ensure continued operation and justifies renewal of operating licenses and upgrades. Bringing a customer behind the meter ensures Constellation’s longevity in Ogle County. It brings more economic development to the community, increases property tax revenue, and provides good paying jobs. Constellation is competing with other nuclear plants for the behind the meter customer. Because the electricity generated by nuclear power doesn’t produce carbon, they are sought out by large load customers. Constellation does not have a user yet, but the zoning application lists hydrogen, sustainable aviation fuel and data centers as potential users. By re-zoning the parcels, it makes the property more attractive to potential customers. Constellation is asking for the city’s support for the property re-zoning. Maps were provided showing the current zoning of properties and the proposed re-zoning requests by Constellation. They are also seeking a text amendment to the Ogle County Zoning Code to allow I-1 district data centers as a special use, not as a permitted use.

Hydrogen and sustainable aviation fuel are already allowed as special use. Once a customer is found, Constellation will need to file for a special use permit. There have been many rumors circulating that Constellation could do anything they wish with the land (they cannot) or sell the land (the property is within the regulated zone of a nuclear facility and likely cannot be sold). They will not be storing spent nuclear fuel on the re-zoned property. Constellation is not “rushing” to push through the re-zoning. They are following the schedule that the County has given them.

Mayor Rickard added that Constellation appeared before the Zoning Board of Appeals last week and asked for a continuance while they complete land surveys and a soil and water report filed with the Ogle County Soil and Water Conservation Commission. The next ZBA meeting is July 25, followed by committee on August 12 and the full County Board on August 20. Mayor Rickard explained that the City has three options: to oppose, to support, or to take no action. The Regional Planning Commission voted it down 3-2. After that meeting, Constellation reduced the number of parcels it was requesting to re-zone, focusing primarily on the properties east of the plant.

Motion by Alderman Isaacs to support the petition for a map amendment filed by Constellation with the Ogle County Planning & Zoning Department. Motion seconded by Alderman Gyorkos. Roll call vote: Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE; Nehring, AYE. Motion passed: AYE, 5; NAY, 0; ABS, 0.

c. An Ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), in one or more series, of the City of Byron, Ogle County, Illinois, in an aggregate principal amount not to exceed $2,800,000 for the purpose of financing the costs of various capital improvements within the City including, but not limited to, the construction of a new public works building and paying for costs related thereto. – Representatives from the bond company will be in attendance at the next city council meeting.

d. Swimming Pool & Spa International Code Adoption – Item is in committee.

19. COUNCIL TALK – Discussion was held regarding un-permitted solicitors in town.

20. COMMUNICATION –

a. Regular City Council Meeting – Wednesday, August 7, 2024, 6:30 pm

22. ADJOURN – Alderman Isaacs motioned to adjourn. Motion seconded by Alderman Gerdes. Roll call vote: Nehring, AYE; Gyorkos, AYE; Hanlin, AYE; Isaacs, AYE; Gerdes, AYE. Motion passed: AYE, 5; NAY, 0; ABS, 0.

Mayor Rickard adjourned the City Council meeting at 7:25 pm.

https://www.cityofbyron.com/media/3741