McHenry Times

City of Harvard City Council met May 26.

Here is the minutes provided by the council:

Mayor Kelly called the Regular City Council Meeting to order at 7:00 pm. City Clerk Moller called roll to establish a quorum. Aldermen present: Haderlein, Schulz, Carncross, Heinsohn, Meza, Gorman, Perkins and Opper. Also present: Treasurer Bejot, City Administrator Nelson, Chief Krause, City Attorney Clifton and members of the audience. Department Heads were not required to attend.

PUBLIC COMMENT

None

CONSENT AGENDA - APPROVED

Mayor Kelly stated 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 an item be removed for separate action. No items were removed from the Consent Agenda.

a. Regular and Year End City Council Meeting Minutes of April 28, 2020

b. Park Board Meeting Minutes of April 20, 2020

c. Administrators Report

d. Building & Grounds Report

e. Community Development Department Report

f. Harvard Diggins Library Directors Report

g. Parks & Recreation Report

h. Police Department Report

i. Public Works Department Report

j. Utilities Department Report

k. Fair Housing Resolution

l. IDOT Supplemental Resolution for Maintenance in the Amount of $34,000

m. IDOT Resolution for Maintenance in the Amount of $170,000

n. Sanction Park Board Action to Close the Pool for the Upcoming 2020 Season

o. Payment of bills in the amount of $584,857.93

A motion was made by Alderman Opper, seconded by Alderman Meza to approve the Consent Agenda, Items 5a - o, as presented. Roll call vote: Haderlein, aye; Schulz, aye; Carncross, aye; Heinsohn, aye; Gorman, aye; Meza, aye; Perkins, aye and Opper, aye. Motion approved eight to zero.

PETITION FOR DRIVEWAY VARIATION FOR PROPERTY LOCATED AT 703 GRANT ST.

Anayelli Ortiz-Cruz and Eduardo Mondragon-Esquivel, Variation from Section 19.15.B3, Driveways and Private Parking Lots – Ordinance 2020-106 Approved

Anayelli Ortiz-Cruz and Eduardo Mondragon-Esquivel are requesting relief from Section 19.15.B3, Driveways and Private Parking Lots, in order to widen the driveway at their residence 8’ to the north. Subject property is located at 703 Grant St. The requisite notice was sent to adjoining property owners and no objections have been received. The petitioners were present. Mayor Kelly opened the floor to comments/objections:

 Alderwoman Haderlein indicated that she spoke with some of the neighbors who are in support of the petition, but wondered if the purpose of widening the driveway was to no longer park a truck in the street in front of neighbors’ homes. Petitioner Anayelli Ortiz-Cruz responded the truck was parked in front because it was in the way of getting her car out of the driveway. The variation would benefit them so they wouldn’t have to leave vehicles in the road.

A motion was made by Alderman Schulz, seconded by Alderwoman Heinsohn to approved the petition as presented. Roll call vote: Schulz, aye; Carncross, aye; Heinsohn, aye; Gorman, yes; Meza, aye; Perkins, abstain; Opper, aye and Haderlein, aye. Ordinance 2020-106 approved seven to zero, with one abstention.

AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS (ALTERNATE REVENUE SOURCE), SERIES 2020A OF THE CITY OF HARVARD, MCHENRY COUNTY, ILLINOIS, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,450,000 FOR THE PURPOSE OF REFINANCING CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY AND PAYING FOR COSTS RELATED THERETO – ORDINANCE 2020-107 APPROVED

A motion was made by Alderman Opper, seconded by Alderman Carncross to approve An Ordinance Authorizing the Issuance of General Obligation Refunding Bonds (Alternate Revenue Source), Series 2020A of the City of Harvard, McHenry County, Illinois, in an aggregate principal amount not to exceed $5,450,000 for the purpose of refinancing certain outstanding obligations of the City and paying for costs related thereto and to authorize execution of all related documents. At Alderwoman Haderlein’s inquiry, City Administrator Nelson confirmed that the refunding bonds were as discussed at the last City Council Meeting with the possibility of also refinancing the current note for City Hall. The proposed ordinance is the first step in the process and sets a maximum amount to be refinanced. Roll call vote: Carncross, aye; Heinsohn, aye; Gorman, aye; Meza, aye; Perkins, abstain, Opper, aye; Haderlein, aye and Schulz, aye. Ordinance 2020-107 approved seven to zero, with on abstention.

AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION REFUNDING BONDS (ALTERNATE REVENUE SOURCE), SERIES 2020B OF THE CITY OF HARVARD, MCHENRY COUNTY, ILLINOIS, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,300,000 FOR THE PURPOSE OF REFINANCING CERTAIN OUTSTANDING OBLIGATIONS OF THE CITY AND PAYING FOR COSTS RELATED THERETO – ORDINANCE 2020-108 APPROVED

A motion was made by Alderman Opper, seconded by Alderwoman Heinsohn to approve An Ordinance Authorizing the Issuance of General Obligation Refunding Bonds (Alternate Revenue Source), Series 2020B of the City of Harvard, McHenry County, Illinois, in an aggregate principal amount not to exceed $1,300,000 for the purpose of refinancing certain outstanding obligations of the City and paying for costs related thereto and to authorize execution of all related documents. Roll call vote: Heinsohn, aye; Gorman, aye; Meza, aye; Perkins, abstain, Opper, aye; Haderlein, aye; Schulz, aye and Carncross, aye. Ordinance 2020-108 approved seven to zero, with on abstention.

TEAMSTERS LABOR AGREEMENT MAY 1, 2020 - APRIL 30, 2023 - APPROVED

At Alderman Opper’s inquiry, City Administrator Nelson clarified the proposed changes relating to personal days. Teamster members will automatically receive 5 personal days at the beginning of the year. Under the previous contract, members received 3 personal days with an incentive based on attendance to receive two additional days. After reviewing employees sick day history, it was determined that 99% of employees received the additional two personal days anyway. On an annual basis, eligible employees who do not utilize more than two sick days in the year have the option to cash in one-half of the sick leave accrued during the prior calendar year, over and above a minimum of 84 days accrued sick time. A motion was made by Alderman Perkins, seconded by Alderman Carncross to approve the proposed changes and ratification of the Agreement between the Teamsters and the City of Harvard for a Labor Agreement beginning May 1, 2020, and expiring April 30, 2023, and authorizing execution of the contract, pending approval by the local membership. Roll call vote: Gorman, aye; Meza, aye; Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye; Carncross, aye and Heinsohn, aye. Motion approved eight to zero.

FY2020/2021 CITY DIRECTORY – APPROVED

A motion was made by Alderman Meza, seconded by Alderman Schulz to approve the FY2020/2021 City Directory as presented. Aldermen voting aye: Haderlein, Schulz, Carncross, Heinsohn, Gorman, Meza, Perkins and Opper. All ayes. Motion carried.

ALLOW SIDEWALK CAFES CONSUMPTION OF LIQUOR AND FOOD ON PUBLIC PROPERTY WITH A WAIVER OF FEES DURING PHASE 3 OF THE RESTORE ILLINOIS PLAN – APPROVED UNTIL THE END OF THE YEAR

Mayor Kelly explained the intent with the next two agenda items based on the State moving into Phase 3 of the Restore Illinois Plan. The idea is to allow businesses to utilize public and private property to expand their dining rooms outside.

There are a few scenarios:

 Businesses that serve non-alcoholic beverages/food on private property would only need permission from their landlord to permit outside dining provided they maintain the social distancing required in Phase 3.

 Businesses that serve non-alcoholic beverages and food on public property would need to encroach on City property (sidewalk and/or parking spaces).

 Businesses that serve alcohol on public property who need to encroach on City property (sidewalk and/or parking spaces).

 Businesses that serve alcohol on private property require permission from the City to allow the outdoor consumption of liquor.

Mayor Kelly’s recommendation is to allow these types of businesses with a waiver of fees, provided they maintain the social distancing required in Phase 3. Businesses would need to submit a sketch of their proposed operation to request a permit from the City.

At 7:27 pm, Alderman Schulz recused himself from the meeting.

A motion was made by Alderman Perkins, seconded by Alderwoman Haderlein to allow sidewalk cafes’ consumption of liquor and food on public property with a waiver of fees during Phase 3 of the Restore Illinois Plan. Mayor Kelly opened the floor for discussion.

 Alderman Opper commented that businesses will need to invest in tables to set up outside and suggested extending the time frame to the end of the year with a $5 permit fee. Mayor Kelly indicated that the City is willing to deliver up to two picnic tables per business.

 At Alderman Gorman’s inquiry, Mayor Kelly confirmed the permits would require City Council approval for each of the permits. Alderman Gorman suggested waiving the permit process altogether. Mayor Kelly felt the City needed to give an official sanction for the consumption of alcohol outside and recommended that the City Council delegate the approval of the permits to the Liquor Commissioner. Attorney Clifton recommended that the City require permits and verify that businesses have sufficient dram shop liability insurance.

Alderman Perkins was not in favor of charging a permit fee, but amended the original motion to extend the permit until the end of the year and to delegate the approval permit process to the Liquor Commissioner. The amended motion was seconded by Alderwoman Haderlein. Alderman Carncross asked Chief Krause for his professional opinion as to how this might affect public safety. Chief Krause responded he was neutral on the proposal, but recommended businesses refrain from using glass containers similar to Milk Days. Roll call vote: Meza, aye; Perkins, aye; Opper, aye; Haderlein, aye; Carncross, aye; Heinsohn, aye and Gorman, aye. Motion approved seven to zero.

ALLOW OUTDOOR CONSUMPTION OF LIQUOR ON PRIVATE PROPERTY WITH A WAIVER OF FEES DURING PHASE 3 OF THE RESTORE ILLINOIS PLAN – APPROVED UNTIL END OF THE YEAR A motion was made made by Alderman Carncross, seconded by Alderwoman Haderlein to allow the outdoor consumption of liquor on private property with a waiver of fees until the end of the year and to delegate the approval permit process to the Liquor Commissioner. At Kelley Henson’s inquiry, Mayor Kelly confirmed that the permit would be good until the end of the year. Roll call vote: Perkins, aye; Opper, aye; Haderlein, aye; Carncross, aye; Heinsohn, aye; Gorman, aye and Meza, aye. Motion approved seven to zero.

Alderman Schulz returned to the meeting at 7:40 pm.

ALLOW TEMPORARY WAIVER OF THE HOTEL/MOTEL TAX - APPROVED

The owner of Baymont Inn contacted the City and requested a temporary waiver of the hotel/motel tax. City Administrator related the estimated loss of revenue amounts to be about $17,000 and noted the tax is being paid by customers. After discussion, a motion was made by Alderwoman Haderlein, seconded by Alderwoman Heinsohn to waive the hotel/motel tax through the end of FY2020/21. Roll call vote: Opper, aye; Haderlein, aye; Schulz, aye; Carncross, aye; Heinsohn, aye; Gorman, no; Meza, no and Perkins, aye. Motion approved six to two.

DEPT HEADS REPORT

Written reports as submitted.

ALDERMAN OPPER

COMMITTEE REPORTS

Alderman Opper expressed concern about the delay in getting the Code Red warning alerts out to residents during the recent storms which rolled through southern McHenry County. The storm was well past our location and had already moved into the Crystal Lake/Algonquin area by the time he received a text and phone call. Chief Krause related that the on-shift sergeant activated the alert based on weather conditions. The storm was a large wide storm which tracked to the south of Harvard with a funnel spotted in Algonquin area at 6:45 pm. Code Red was activated in Harvard at 6:34 pm, with all calls/emails//texts/TDD notificiations out in about 11⁄2 minutes. Although Harvard didn’t get the storm, it was tracking that way at one point and the sergeant felt weather conditions were such that a touchdown was possible. There is a two-function approach to Code Red, one of which is activated by the National Weather Service. The other is a specific one that gives the City the option to activate an alert. Chief Krause noted that sergeants/OIC’s are trained regularly to make sure the system is as efficient and effective as possible. The alert basically comes down to a judgement call based on an educated guess and current weather conditions.

ALDERMAN MEZA

Alderman Meza updated the City Council on an Events Committee Beautify Harvard Virtual Contest which is being held to boost Harvard morale and the City Events Facebook Page. The contest will be conducted via Facebook for community residents to submit pictures of their gardens and landscaping. Prizes will be awarded to the top 10 winners. The Events Committee is not seeking donations from local businesses. The Committee will donate $250 towards the prizes. Aldermen or anyone else who would like to donate towards the prizes should contact either Raul or Lori. Mayor Kelly said this kind of kicks off the Neighborhood Recognition Program previously discussed by the City Council.

ALDERMAN CARNCROSS

Alderman Carncross thanked Chief Krause, Alderman Perkins and any other first responders in appreciation for the birthday parades which have resulted in a lot of positive feedback. It’s been a great morale boost within the community. He felt the heavier police presence and being seen during the daytime has resulted in a lot less illicit activity in the streets due to boredom.

ALDERMAN SCHULZ

Alderman Schulz thanked the Park Board for making a tough decision to close the pool for the summer. The Park Board did move forward with projects to repair the pool.

Alderman Schulz updated the City Council on a conversation with Jackie Fiegel who spoke with Supt. Knop about Lady Sting starting practice based on the Governor’s orders under Phase 3 guidelines. Supt. Knop’s interpretation was they could not do so pursuant to City Council action approved at the March 27th Meeting. Alderman Schulz read the approved motion and stated that he and Mayor Kelly felt that the City Council’s action allows for practice based on DCEO guidelines which were released on Saturday that permit youth sports to participate in practice for a group of 10 or less. Phase 3 doesn’t allow for games or tournaments. The City Council had no objections and Supt. Knop will be directed to advise Lady Sting they can practice so long as they follow the Governor’s orders. At Alderwoman Haderlein’s inquiry, Mayor Kelly and City Administrator Nelson indicated that City staff can issue a letter to each sporting organization specifically advising them what the Phase 3 guidelines are as set forth by the Governor.

NO REPORT

City Attorney Clifton, Treasurer Bejot and Aldermen Perkins, Gorman, Heinsohn and Haderlein had no additional report.

CITY ADMINISTRATOR’S REPORT

City Administrator Nelson complimented the City Council and Alderwoman Heinsohn for the picture montage project.

CLERK’S REPORT

June 2 Planning & Zoning Commission Meeting - CANCELLED

June 15 Regular Park Board Meeting - 6 pm

June 16 Regular Events Committee Meeting - 5:30 pm

June 23 Regular City Council Meeting - 7pm

MAYOR’S REPORT

 Mayor Kelly read correspondence written to Public Works thanking them for all they do on a daily basis.

 City facilities remain closed but there will be some relaxing in Phase 3, effective June 1st.

 The City continues with Edward Gong litigation; the next court date is in late June.

 Construction of the police station continues; a live video is available through a link on the City’s website.

 Two grants have been submitted for the WWTP, each for $5 million. The overall estimated construction cost is approximately $21 million. The plan has been submitted to the IEPA with a typical response time of 60 days.

 A part of the NRSA funding was approved in an initial amount of $87,000 to be utilized in the NRSA neighborhood by Mary’s Park with the first project going towards sidewalks. City Administrator Nelson indicated that the City has a contract from the county but actual funding will have to wait until the federal fiscal year and federal approval. Typical turnaround is 6-8 months.

At 8:08 pm, a motion was made by Alderman Carncross, seconded by Alderman Opper to adjourn the meeting. Aldermen voting aye: Haderlein, Schulz, Carncross, Heinsohn, Gorman, Meza, Perkins and Opper. All ayes. Motion carried.

https://www.cityofharvard.org/sites/default/files/fileattachments/city_council/meeting/12431/ccminutes2020-05-26.pdf