City of Harvard City Council met Dec. 10.
Here is the minutes provided by the council:
Mayor Kelly called the Regular City Council Meeting to order at 7:00 pm and led the pledge to the flag. City Clerk Moller called roll to establish a quorum. Aldermen present: Haderlein, Schulz, Carncross, Heinsohn, Gorman, Perkins and Opper. Alderman Meza was absent. Also present: City Administrator Nelson, Treasurer Bejot, Chief Krause, Code Enforcement Officer Nutley, Community Development Director Santeler, Supt. Parks & Rec Knop, Supt. Utilities Grant, City Attorney Gibson and members of the audience.
PUBLIC COMMENT
• On behalf of the Harvard Garden Club, Lisa Mayer addressed the City Council seeking direction on how to proceed with a Yard of the Month Program. Mayor Kelly replied that City staff is putting together a good neighbor program that would recognize residents in each ward on a quarterly basis. He felt both programs could be done collaboratively and directed Lisa to contact City Administrator Nelson to move the program forward.
• Nathan Carncross, 107 Third St., addressed the City Council about getting their street paved.
PUBLIC PROPERTY COMMITTEE MEETING MINUTES OF DECEMBER 2, 2019 - APPROVED
Mayor Kelly called for a roll call vote from Committee members to approve the Public Property Committee Meeting Minutes of December 2, 2019. Roll call vote: Schulz, aye; Carncross, aye and Perkins, aye. Minutes approved three to zero.
STREETS & ALLEYS COMMITTEE MEETING MINUTES OF DECEMBER 2, 2019 - APPROVED
Mayor Kelly called for a roll call vote from Committee members to approve the Streets & Alleys Committee Meeting Minutes of December 2, 2019. Roll call vote: Schulz, aye; Carncross, aye and Opper, aye. Minutes approved three to zero.
CONSENT AGENDA - APPROVED
Mayor Kelly stated that items under the Consent Agenda are acted upon in a single motion. There is no separate discussion of these items prior to the Council vote unless a Council Member requests that an item be removed from the Consent Agenda for separate action.
a. Regular City Council Meeting Minutes of November 26, 2019
b. Planning & Zoning Commission Meeting Minutes of December 3, 2019
c. Public Property Committee Meeting Minutes of December 2, 2019
d. Streets & Alleys Committee Meeting Minutes of December 2, 2019
e. Community Development Department Report
f. Parks & Recreation Report
g. Police Department Report
h. Public Works Department Report
i. Utilities Department Report
j. Proclamation Designating February, 2020, as Children’s Dental Health Month
k. Payment of bills in the amount of $210,983.38
The following item was removed from the Consent Agenda:
k. Payment of bills
A motion was made by Alderman Schulz, seconded by Alderman Opper to approve the Consent Agenda, Items 6a - j, as presented. Roll call vote: Carncross, aye; Heinsohn, aye; Gorman, aye; Perkins, aye; Opper, aye; Haderlein, aye and Schulz, aye. Motion approved seven to zero.
Item 4k - Payment of Bills
Chairman Opper noted a minor adjustment in the bills listing with a revised total of $211,137.10. A motion was made by Alderman Opper, seconded by Alderwoman Haderlein to approve the revised payment of bills as presented. Roll call vote: Heinsohn, aye; Gorman, aye; Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye and Carncross, aye. Motion approved seven to zero.
The City of Marengo is requesting that the City of Harvard approve the Non-Binding Letter of Understanding (LOU) for Inclusion in the Woodstock-Harvard Enterprise Zone (EZ). Mayor Kelly indicated that at his direction, Executive Director Charles Eldredge prepared a Summary of Enterprise Zone Projects to date that was included in the packet. At Alderman Opper’s inquiry, City Administrator Nelson clarified that Pedigree Ovens was part of both the TIF and EZ. They were not entitled to the EZ property tax benefit because they were in the TIF, but were eligible for all the other EZ benefits. Alderman Opper stated that after listening to the presentation and speaking with a couple of business people in town, he was not of the opinion that it would be a benefit to the City of Harvard and made a motion to deny the City of Marengo’s Non-Binding Letter of Understanding for Inclusion in the Woodstock-Harvard Enterprise Zone. The motion was seconded by Alderwoman Heinsohn. Additional discussion ensued:
• Alderman Gorman felt it was a bad idea to deny the request and that we should approve the LOU. Marengo made the decision to annex the land and the state/county decided to put in the interchange. Not approving the LOU and giving them some help in going through with what they already decided to do, would hurt Marengo and make it harder for them. Inclusion in the EZ would populate the interchange with businesses which will increase jobs there for people who live here. He didn’t see that area as competition with Harvard and thought it was the perfect warehouse location due its proximity to the interstate.
• Alderman Opper noted a concern if a manufacturing company decided to move to western McHenry Co. and was looking at Harvard or Marengo. If both communities are offering the same incentives as far as tax benefits, Harvard would lose out as Marengo has assets we cannot offer (interchange and proposed new wastewater treatment facility). Harvard did all the legwork to try and position Harvard in a place to gain businesses and manufacturing enterprises. By approving the LOU, we’re giving away all the work that was done in the past. We might gain homes but that’s a larger tax burden on taxpayers because it will increase attendance in schools which are already almost maxed out.
• Alderwoman Haderlein repeated a comment made by Alderman Opper at the last meeting that the interchange isn’t in and Marengo hasn’t given the interchange itself a chance to actually attract businesses to that area. It would be a more compelling argument if they had been down that road and had clearly not been able to pull businesses in. Alderwoman Haderlein agreed with Alderman Opper that Harvard has already put the work together and felt it was premature to include Marengo.
• Mayor Kelly made a counter point that the process to get approved is pretty lengthy as it took the City of Harvard a couple of years to work through that.
• Alderwoman Heinsohn stated she fully believes in a regional approach to planning and initiatives but in this case, she felt by including Marengo we’re actually hurting Harvard. With the interchange and access to water, businesses are going to choose to stay in that area. The EZ allows Harvard a perk to attract businesses which we want located in Harvard and we don’t want our employees commuting out.
• Alderman Perkins agreed with Alderman Gorman and felt we should approve the LOU. As mentioned at the last meeting, the EZ doesn’t have money for marketing. He felt if we denied the request it would create an uproar and Marengo wouldn’t want to deal with Harvard at all. He noted past industrial issues with the loss of two major companies in the industrial park in the last 10 years. Including Marengo in the EZ would bring additional marketing to advertise on a county-wide basis and would bring business up this way as well similar to the Hampshire oasis. Alderman Perkins asked City Administrator Nelson the reason why Harvard initially went in with Woodstock. City Administrator Nelson replied both communities individually met about 80% of the requirements but when we corroborated together in a regional approach, the communities met 100% of the requirements. The City felt our chances were better in a mass competition with the State who at the time was only issuing about 24 enterprise zones with 100+ applications. Alderman Perkins further commented that Woodstock approved including Marengo in the EZ last month so they didn’t see Marengo as competition.
• Alderman Carncross noted one of the big things that sticks out to him as a concept is a coalition to advertise and draw businesses/industry on a countywide basis. His opinion was that any trucking warehouse or distribution center that would be interested in the interchange wouldn’t be interested in Harvard and we wouldn’t want those businesses anyway as they would create huge amounts of truck traffic. The businesses that would become the symbiotic relationship where you’ve got the manufacturing which gets picked up for distribution would be the most likely way business would go. Woodstock has already approved the EZ and the advertising is there. If everyone else approves this and Harvard becomes the only one that doesn’t want to join, it would set a precedent that Harvard is the one you don’t want to deal with. Working with another community that has the same struggles as we do makes us stronger when dealing with the eastern side of the county.
There being no further comments, Mayor Kelly called for a vote. Roll call vote: Gorman, no; Perkins, no; Opper, aye; Haderlein, aye; Schulz, no; Carncross, no and Heinsohn, aye. Motion denied four no votes to three aye votes. The City of Marengo/Non-Binding Letter of Understanding was approved and the agreement will be executed accordingly.
PLANNING & ZONING COMMISSION RECOMMENDATION AND FINDING OF FACTS
Marc Hathaway, Stateline Investments LLC, Conditional Use to Operate a Car Wash, 109 Admiral Dr.
Ord. 2019-124 Approved
Mayor Kelly reviewed the Recommendations/Findings of Fact submitted by Jim Carbonetti, Chairman of the Planning and Zoning Commission which met on December 3, 2019, to consider the petition submitted by Marc Hathaway d/b/a Stateline Investments, LLC. The subject property is located at 109 Admiral Dr., Harvard, IL 60033. The petitioner is requesting a conditional use pursuant to Table 8-1, Use Matrix of the Unified Development Ordinance to operate a car wash. The subject property was developed in 1981 as a car wash, a permitted use at the time, and the use has always been a car wash up until the previous owner lost the property due to foreclosure. The property lost its legal non-conforming use as a car wash due to the property being vacant for over two years. The UDO requires a conditional use for a car wash. After reviewing the evidence and testimony presented, the Planning and Zoning Commission recommends to the City Council that the petitioner’s request be approved as presented.
The petitioner, Marc Hathaway, was present. Mayor Kelly opened the floor to questions or comments.
• At Aldermen Schulz and Carncross’s inquiries, Marc responded that the car wash would be operated by someone else with a contract forthcoming upon City Council approval. The estimated timeframe
would be having the car wash open in the spring.
A motion was made by Alderman Schulz, seconded by Alderman Perkins to accept the Planning and Zoning Commission’s recommendation to approve the petition brought before the Commission by the petitioner. Roll call vote: Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye; Carncross, aye; Heinsohn, aye; and Gorman, aye. Ordinance 2019-124 approved seven to zero.
PLANNING & ZONING COMMISSION RECOMMENDATION AND FINDING OF FACTS
City of Harvard Text Amendments – Ord. 2019-125 Approved
Mayor Kelly reviewed the Recommendations/Findings of Fact submitted by Jim Carbonetti, Chairman of the Planning and Zoning Commission which met on December 3, 2019, to consider the petition submitted by the City of Harvard for various text amendments to the UDO. After reviewing the evidence and testimony presented, the Planning and Zoning Commission recommends to the City Council that the following text amendments be approved as presented:
1. Amend Table 6-1: Business Districts Dimensional Standards to reduce setbacks to “None” in the B-1 Central Business District.
2. Amend Table 8-1: Use Matrix, to add Outdoor Storage as a Conditional Use in the M-1 Zoning District.
3. Amend Article 9.3, Accessory Structures and Uses to add a requirement that an accessory building exceeding 8 feet by 10 feet shall be constructed of wood, masonry or metal.
4. Delete Section 9.6.B1, Solid Fences relating to swimming pools.
Mayor Kelly opened the floor to questions or comments. There were none.
A motion was made by Alderman Opper, seconded by Alderwoman Haderlein to accept the Planning and Zoning Commission’s recommendation to approve the petition brought before the Commission for various text amendments to the UDO. Roll call vote: Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye; Carncross, aye; Heinsohn, aye; and Gorman, aye. Ordinance 2019-125 approved seven to zero.
VENDING LICENSE APPLICATIONS - APPROVED
All vending license applications/fees have been received. At Alderwoman Haderlein’s inquiry, Mayor Kelly and Administrator Nelson noted the various types of vending machines subject to the ordinance.
| Name of Establishment | Amount | Paid | License # |
| John Schneider | |||
| Bopp's Grille & Saloon Inc. 103 E. Front St. | $ 60.00 | Cash | 2020-01 |
| Ward Green, Redjellyfish, Inc. | |||
| d/b/a Bunk's Place, 703 E. Diggins St. | $ 60.00 | Ck #11532 | 2020-02 |
| Timothy Galvin, Video Wonders, Inc. | |||
| d/b/a Cool Music Stop Bar & Grille, 10 N. Ayer St. | $ 600.00 | Ck #1183 | 2020-03 |
| John Giannasi, Cow Tippers Front St. Tap Inc. | |||
| d/b/a Front St. Tap, 106 E. Front St. | $ 180.00 | Ck #4662 | 2020-04 |
| ERA Candy Drop Services | |||
| Site Location Harvard Coin Wash, 207 Randall St. | $ 60.00 | Ck #2753 | 2020-05 |
| Eric Brehm | |||
| Hub Lounge, 15 N. Ayer St. | $ 240.00 | Ck #3110 | 2020-06 |
| Jay Schulz
J's Lanes Inc., 5507 Route 14 | $ 660.00 | Ck #3602 | |
| 2020-07 | |||
| Agija Zeqiri | |||
| Kelly's Restaurant 5420 S. Route 14 | $ 60.00 | Cash | 2020-08 |
| Donald Kaminski | |||
| Patsy's 713 E. Diggins St. | $ 60.00 | Ck #1341 | 2020-09 |
| ERA Candy Drop Services | |||
| Site Location La Rosita, 106 W. Sumner St. | $ 60.00 | Ck #2754 | 2020-10 |
| Emil Odling
South Side, 111 S. Ayer St. | $ 60.00 | Ck #3860 | |
| 2020-11 | |||
| Peter Parhas, Thomas's Barbeque, Inc. | |||
| d/b/a Thomas BBQ, 71 N. Ayer St. | $ 180.00 | Cash | 2020-12 |
| Redbox | |||
| Site Location Walgreens #1411, 395 S. Division St. | $ 120.00 | Ck #220024407 | 2020-13 |
| Redbox Automated Retail LLC | |||
| Site Location Walmart #1211, 21101 McGuire Rd. | $ 120.00 | Ck #220024407 | 2020-14 |
| National Entertainment Network LLC | |||
| Site Location Walmart #1211, 21101 McGuire Rd. | $ 240.00 | Ck #509958 | 2020-15 |
| TOTAL | $ 2,760.00 |
INTERGOVERNMENTAL MUTUAL AID AGREEMENT MAJOR CRASH ASSISTANCE - APPROVED
Chief Krause reviewed the agreement which provides for law enforcement mutual aid services for major crash assistance and diagramming major crime scenes, primarily in the northern section of McHenry County. A motion was made by Alderman Perkins, seconded by Alderman Opper to authorize execution of the Intergovernmental Agreement as presented. Roll call vote: Haderlein, aye; Schulz, aye; Carncross, aye; Heinsohn, aye; Gorman, aye; Perkins, aye and Opper, aye. Motion approved seven to zero.
AMEND SECTION 19.08, OUTDOOR SWIMMING POOL REQUIREMENTS - ORD 2019-126 APPROVED
Community Development Director Santeler reviewed the proposed ordinance. A motion was made by Alderwoman Heinsohn, seconded by Alderman Opper to approve the ordinance amending Section 19.08, Outdoor Swimming Pool Requirements. Roll call vote: Schulz, aye; Carncross, aye; Heinsohn, aye; Gorman, aye; Perkins, aye; Opper, aye and Haderlein, aye. Ordinance 2019-126 approved seven to zero.
AMEND SECTION 27, OFFENSES AGAINST PUBLIC PEACE, SAFETY AND MORALS
ORD. 2019-127 APPROVED
Effective January 1, 2020, there is a change in state law which allows the recreational use of cannabis. Pursuant to Chief Krause’s recommendation, the proposed ordinance deletes Sections 27.22, Drug Paraphernalia; Definitions and 27.23, Unlawful Possession of Cannabis. At Alderman Opper’s inquiry, Chief Krause related there is already a state law that would still exist that prohibits drug paraphernalia outside of marijuana consumption. A motion was made by Alderman Carncross, seconded by Alderman Schulz to approve the proposed ordinance as presented. Roll call vote: Carncross, aye; Heinsohn, aye; Gorman, aye; Perkins, aye; Opper, aye; Haderlein, aye and Schulz, aye. Ordinance 2019-127 approved seven to zero.
STREETS & ALLEYS COMMITTEE RECOMMENDATION
Mayor Kelly noted that due to being underbudget for the last several years, there is a cash balance in the Motor Fuel Tax Fund that can be used for additional road work in the coming year. City staff and the Committee recommend adding O’Brien St. from Bourn to McKinley.
• Alderwoman Haderlein inquired why Roosevelt/Jefferson/Lincoln was included on the list as it
appears to be in very good condition and was redone in the last ten years. City Administrator Nelson related that Supt. Kruckenberg attended training on the rating of the roads and suggested that she contact Supt. Kruckenberg for further explanation.
• The 2021 MFT Road Program will be on a future agenda to approve the Committee’s recommendations.
• A public hearing will be conducted at the January 28, 2020 City Council Meeting to consider closing the unpaved, gravel portion of Crowley Rd. from Harvard Hills to the end of the corporate limits.
A motion was made by Alderman Schulz, seconded by Alderman Carncross to adopt the amended 2020 MFT Road Program as presented. Roll call vote: Heinsohn, aye; Gorman, aye; Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye and Carncross, aye. Motion approved seven to zero.
PUBLIC PROPERTY COMMITTEE RECOMMENDATION/GRACE FUEL - ORD 2019-128 APPROVED
Mayor Kelly and Administrator Nelson reviewed the proposed ordinance and highway agreement relative to Grace Fuel who is trying to sell the property. They are seeking a no letter of remediation from the IEPA due to groundwater contamination from underground leakage over the years. The company that did the work and the IEPA feel the contamination is not going to spread at a high rate and in all likelihood, the contamination that is in the ground now has been there 30-50 years and has only traveled 600-700’ into the groundwater so it’s not likely that it will travel any further. There are monitoring wells on the outskirts of the area on Ayer St. by the Harvard State Bank which will continue to be monitored. In order to get the no letter of remediation, the IEPA is requesting that the City pass a separate ordinance, in addition to the ordinance the City already has, that the City will not allow a potable water well to be drilled on private property and in the road right of way. A motion was made by Alderman Schulz, seconded by Alderman Carncross to approve the Public Property Committee’s recommendation to approve the proposed Ordinance Prohibiting the Use of Groundwater as a Potable Water Supply by the Installation or Use of Potable Water Supply Wells or by Any Other Method and to authorize the Mayor to execute the related Highway Authority Agreement. Roll call vote: Gorman, aye; Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye; Carncross, aye and Heinsohn, aye. Ordinance 2019-128 approved seven to zero.
AUTHORIZING SALE OF SURPLUS PROPERTY - ORD. 2019-129 APPROVED
A motion was made by Alderwoman Haderlein, seconded by Alderwoman Heinsohn to approve Ordinance 2019-129, Authorizing the Sale/Disposal of Personal Property Owned by the City. Roll call vote: Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye; Carncross, aye; Heinsohn, aye and Gorman, aye. Ordinance 2019-129 approved seven to zero.
DEPT HEADS REPORT
Reports as submitted.
COMMITTEE REPORTS
ALDERMAN OPPER
COMMITTEE REPORTS
Aldermen Opper asked the City Council tentatively plan for a Finance Committee Meeting/Budget Workshop on Saturday, February 8, 2020, from 8 am to noon and if needed, a subsequent meeting on Saturday, February 15, 2020.
ALDERMAN GORMAN
Alderman Gorman requested that the Ordinance Committee review the following:
• The 2-parking spot requirement for downtown apartment buildings.
• Park rental fees - A private circus would like to reserve Milky Way Park but but never paid its
amusement tax from a previous year. The Park Board discussed amending City ordinance to increase the park rental fees for events that are for-profit.
ALDERWOMAN HEINSOHN
Alderwoman Heinsohn will conduct a doodle poll amongst Ordinance Committee members to set a date in January or February for the Ordinance Committee Meeting.
ALDERMAN CARNCROSS
Alderman Carncross referred to the Street’s & Alley’s Committee discussion and recommendation to conduct a sidewalk program in FY2021-2022 and to set aside $75,000 to start. He felt that is a good investment to start putting money towards sidewalks. Alderman Opper requested that the Ordinance Committee also take a look at reinstating the shoveling of sidewalks if the City is going to invest dollars putting sidewalks in.
ALDERMAN SCHULZ
Alderman Schulz reviewed the Park Board Meeting Minutes of December 9, 2020, relating to budget needs that include security cameras, new boiler, painting/sealing the pool and replacing the pass system.
ALDERWOMAN HADERLEIN
Alderwoman Haderlein reported the County is wrapping up the water resources action planning meetings.
NO REPORT
City Attorney Gibson, Treasurer Bejot, City Administrator Nelson and Alderman Perkins had no additional report.
CLERK’S REPORT
December 16 Regular Park Board Meeting – POST TO CANCEL
December 17 Regular Events Committee Meeting – 5:30 pm
January 7 Planning & Zoning Commission Meeting – 7 pm
January 20 Regular Park Board Meeting – 6 pm
January 21 Regular Events Committee Meeting – 5:30 pm
January 28 Regular City Council Meeting – 7 pm
MAYOR’S REPORT
• Mayor Kelly updated the City Council on the status of the pending lawsuit with Edward Gong who did not appear in court concerning the City’s filing of abandonment. The City is seeking a default judgment to declare the building abandoned. There is a waiting period so his counsel will have time to respond.
• Mayor Kelly related that he recommended to the Streets & Alleys Committee to consider conducting a public hearing to close a portion of Crowley Rd. The portion being referred to is the unpaved gravel area and no city constituent lives on that part of Crowley Rd. Public Works has a hard time maintaining this portion of Crowley Rd. because the City does not have a grader so it is maintained to bare minimum.
• Meyer Material’s Conditional Use Permit was approved for a period of 5 years.
• Mayor Kelly reported that he asked the Streets & Alleys Committee to take advantage of the additional Motor Fuel Tax that the City will realize next year and earmark $100,000 towards sidewalk replacement. The amount was reduced by the Committee to $75,000 and may be further reduced once it goes to the Finance Comm. Budget Meeting.
• Correction in his report from the last meeting that the homes that pulled a permit are in Huntington Ridge and not Oak Grove Crossings. There is also a new home under construction on Jefferson St.
At 7:55 pm, a motion was made by Alderman Opper,
to adjourn the meeting. Aldermen voting aye: Haderlein, Schulz, Carncross, Heinsohn, Gorman, Perkins and Opper. All ayes. Motion carried.
https://www.cityofharvard.org/sites/default/files/fileattachments/city_council/meeting/9481/ccminutes2019-12-10.pdf
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