McHenry Times

City of Harvard City Council met July 28.

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, Gorman, Perkins and Opper. Alderwoman Heinsohn and Alderman Meza were absent. Also present: Treasurer Bejot, City Administrator Nelson, Chief Krause, Code Enforcement Officer Nutley, Community Development Director Santeler, Supt. Parks & Rec Knop, Supt. Public Works Kruckenberg, Supt. Utilities Grant, Attorney Mollye Dahlin and members of the audience.

PUBLIC COMMENT

None

PUBLIC HEARING

Mayor Kelly called the hearing to order. City Clerk Moller called roll to establish a quorum. Aldermen present: Haderlein, Schulz, Carncross, Gorman, Perkins and Opper. Alderwoman Heinsohn and Alderman Meza were absent. Mayor Kelly stated the public hearing is pursuant to 65 ILCS 5/11-91-1 to consider vacating the unpaved gravel portion of Crowley Rd. from Harvard Hills Rd. to its terminus in the corporate City of Harvard limits. Mayor Kelly stated there would be no vote on the issue this evening and the hearing was to allow public comment before the City Council.

Mayor Kelly opened the floor to comments. The following individuals addressed the City Council:

• Joseph Dort, 6072 Miller Ln., Lisle IL, owns property on the north side of Crowley Rd. slightly to the east of the lift station. He related he just recently found out about tonight’s hearing and the public hearing held in January. He thought it was common practice to notify adjoining property owners who would be impacted by the Council’s decisions and asked the City Council to consider informing affected property owners in the future. Mayor Kelly indicated that affected property owners would be notified going forward. At Mr. Dort’s inquiry, Mayor Kelly clarified the scope of the vacation is the gravel portion of Crowley Rd. from essentially east of the lift station to its terminus in the county. Mr. Dort asked that the City consider using the township line which is close to the lift station as the terminus since Alden Township apparently has the obligation to maintain the rest of the road. He noted there might be complications for future development of the platted lots if the road were vacated to multiple property owners. Mayor Kelly indicated that much of the affected property is owned by a single entity. If future development ever comes to fruition, the expectation would be that the City would annex that part of Crowley Rd. and it would up to the developer to bring the road into compliance with current road standards. Mr. Dort also expressed concern about the possibility of partially plowed roads that would be impenetrable to traffic and make it impossible for any type of emergency vehicles to get through. Mayor Kelly noted that the HFPD is a separate taxing authority and is not an entity of the City of Harvard.

• Michelle Gunderson, 19415 Crowley Rd., indicated her family is one of two residences that are directly impacted by the proposed vacation. Their property is on the last 1⁄4 mile on the east side of Crowley Rd. If vacated, the maintenance burden will fall on her family as well as their neighbors, the Erickson’s. Mrs. Gunderson felt that the City bears responsibility to take care of the road in times such as these where the City is not getting the anticipated improvements or revenues from the developer. She requested the City consider de-annexing their property as noted in a letter from their attorney that was included in the packets. Mayor Kelly didn’t believe the City would have an issue doing so if Alden Township wanted to take over maintenance and ownership of the road but didn’t think the City could force them to do so. He deferred to the City Attorney on the issue of de- annexation. Mayor Kelly noted that the City has limited resources to maintain City owned roads that constituents/residents live on. In the past, the City Council has not had any interest in doing anything but the bare minimum to maintain that portion of Crowley Rd. because there are zero residents of Harvard who live there. Alderman Gorman inquired how the property owner was specifically impacted by the proposed vacation. Michelle related there will no longer be snowplow removal services or grading to Crowley Rd. and that 1⁄4 mile will become 100% their responsibility which becomes a financial burden. Alderman Gorman noted his understanding was that there was another way to get there and this would not impact the people that live there. Mayor Kelly stated that was not true and related that the resident could get to her driveway via Route 14 and coming from the other direction but she still has to go across a large portion of gravel road to get to her driveway as her driveway is in the middle of the gravel road.

• Carl Erickson, 19320 Crowley Rd., related that his biggest concern is access to his property which does not touch Crowley Rd. and would become landlocked if the City Council vacates Crowley Rd. Mayor Kelly advised that City staff is looking at a way to create an easement prior to vacating the road which would grant him access. Mr. Erickson expressed concerns about postal and garbage service if the road became private and noted there is also a lot of illegal dumping by Harvard residents on Crowley Rd. Mayor Kelly said the homeowner would have to call the county for enforcement and related that the City and McHenry Co. Sheriff’s Dept. are mutual aid agencies, so people living in rural Harvard (unincorporated McHenry County) typically will get a response from a Harvard police officer before a County sheriff’s deputy gets there at which time the scene is turned over to the county. Alderwoman Haderlein noted that even if the road were vacated, it would still be in the corporate City limits. Mr. Erickson suggested changing the boundary line down to Harvard Hills Rd. At Mr. Erickson’s inquiry, Mayor Kelly related that the Crowley Rd. vacation will come before the City Council for a vote at either the August 25th or September 22nd City Council Meeting. In response to the previous speaker, Attorney Dahlin advised that Attorney Clifton would be looking into de-annexation and what the procedure would be. A better idea of an exact timeline would be available once a formal decision was made. Mr. Erickson requested that the City notify him if the road is vacated. Mayor Kelly responded if the City Council decides to vacate, it would be recorded with the county and the City could make accommodations to let property owners know by letter that a transaction had occurred.

• Mark Gunderson, 19415 Crowley Rd., said their property is on the last 1⁄4 mile on the eastern side of Crowley Rd. Over the years, they have noticed a lot of suspicious cars in the area. If people know the road is going to be vacated, there will be more stuff on the road. He also noted environmental hazards as he has seen people dump chemicals, gas cans, animal carcasses, furniture, mattresses, etc. He thanked Supt. Kruckenberg who has picked up a lot of junk over the years. He encouraged City Council members to drive down the road and see what it’s like before making a final decision. He stated like anything in life, when you own something, you should take ownership of it and felt the City should still take the responsibility and obligation to own and take care of the road. He inquired if they would have the right to barricade the road if it were vacated. Attorney Dahlin responded she wasn’t sure and would have to look into what their rights would be as far as gating or barricading the road. Mr. Gunderson further asked the City to consider de-annexing that 1⁄4 mile and to work with Alden Township to plow and maintain that portion of the road.

• Denise Erickson, 19320 Crowley Rd., inquired who would pick up dumped items if the road is vacated. Mayor Kelly related that would become the responsibility of the property owner. She further inquired about liability in the event of an accident. Mayor Kelly stated while he couldn’t legally advise, he thought a homeowner’s policy would cover each person’s property and indicated surveys have been completed with legal descriptions. Denise also commented there is a three-minute difference for emergency vehicles if you go via Rte 173.

• Joseph Dort again addressed the City Council and asked for clarification of the $8,000 cost savings to the City as noted in information provided to him. Mayor Kelly related that reflects the cost savings to maintain the gravel portion of the road that the City intends to vacate at its current level. Each year Public Works rates each of the streets in City of Harvard and Crowley Rd. has the worst rating of -1. The funding to pave streets/alleys is dictated by the Streets and Alleys Committee and they have never wanted to spend money on Crowley Rd. and it continues to be our inferior road. The City Council is left with a decision to maintain the road with equal value of other roads or abandon it. The cost to pave Crowley Rd. would take about three years’ worth of funding for streets/alleys.

There were no further public comments, at which time a motion was made by Alderman Schulz, seconded by Alderman Carncross to close the hearing.

Mayor Kelly asked for additional comments/questions:

• Alderman Opper asked the affected residents if they would consider a fee added to their taxes to maintain the road to the level it has been. Mrs. Gunderson indicated they were told by the Alden Highway Commissioner that the road/bridge funds collected on their taxes goes to him first and they then write a check to the City. City Administrator Nelson addressed the City Council and clarified that the taxes paid by Alden Township through the road and bridge fund through a transfer takes place only for property that’s inside the corporate limits of the City of Harvard. People outside of corporate City limits pay their property taxes which goes to the township and the City does not get a share of that money.

• Alderman Gorman inquired why residents weren’t notified. City Administrator Nelson stated that staff followed state law and there is no requirement for registered letters to go to anybody; it was just a simple notice in the newspaper.

• Alderwoman Haderlein related a conversation with a resident who lives in Huntington Ridge who asked about ComEd access to the road as there are often downed lines in that area. City Administrator Nelson indicated that any utility company should have recorded easements along that property and they would have the right to go there just like electric lines in someone’s back yard.

• Alderman Perkins asked if the City has talked to the HFPD Trustees or the new Chief as to how they feel about the road with their emergency vehicles, and if not, he recommended the City do so. Mayor Kelly indicated he has personally not had any contact with the fire district regarding the issue. City Administrator Nelson made a point of clarification that staff has not reached out to any other governmental bodies on this matter until after we have direction from the public hearing.

There were no further comments and Alderman Schulz called for the question. Roll call vote: Haderlein, aye; Schulz, aye; Carncross, aye; Gorman, aye; Perkins, aye and Opper, aye. All ayes. Motion carried. The public hearing adjourned at 7:48 pm.

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 June 23, 2020

b. Park Board Meeting Minutes of June 15, 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. Proclamation National Payroll Week

l. Recognition Harvard Garden Club 75th Anniversary

m. Payment of bills in the amount of $815,972.13

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

PRESENTATION TO HARVARD GARDEN CLUB

Mayor Kelly read the resolution as approved in recognition of the Harvard Garden Club’s 75th Anniversary. The resolution was then presented to members Lisa Berg Mayer and Janet Jones.

PETITION FOR VARIATION FROM SECTION 14.04B&C, SIGNS, PROPERTY LOCATED 201 S. AYER ST. - ORD 2020-109 APPROVED

The petitioner, Dalia Aguilar, is requesting relief from Section 14.04B&C, Signs, for property located at 201 S. Ayer St. The petitioner is requesting an additional 42.5 sq. ft. for total signage of 106.5 sq. ft. The maximum limit in the B1 Business District is 65 sq. ft. The petitioner is also requesting an additional 12” extension from the face of the building for a total of 24”. The code limits the extension to 12” from the building. The fee has been paid. The requisite notice was sent to adjoining property owners and no objections have been received. The petitioner was present.

Mayor Kelly opened the floor to comments/objections:

• Several aldermen inquired about the actual size of the signage. City Administrator Nelson and Community Development Director Santeler provided clarification and noted that the 23’ long awning becomes a sign when lettering is added. Computation for the signage is based on the measurement of the actual size of the lettering.

A motion was made by Alderman Schulz, seconded by Alderman Opper to approve the variation petition as presented. Roll call vote: Carncross, aye; Gorman, aye; Perkins, aye; Opper, aye; Haderlein, aye and Schulz, aye. Ordinance 2020-109 approved six to zero.

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HARVARD AND CUSD 50 FOR A SCHOOL RESOURCE OFFICER - APPROVED

The proposed Memorandum of Understanding (MOU) between the City of Harvard and the Board of Education of Harvard Community Unit School District 50 provides for a School Resource Officer (SRO). A motion was made by Alderman Perkins, seconded by Alderman Carncross to authorize the Mayor’s execution of said MOU. Additional discussion ensued. At Alderman Schulz’ inquiry, Chief Krause and City Administrator Nelson related that in the event the school does all e-learning, the school would not be billed similar to what was done for the spring semester. At Alderman Opper’s inquiry, Chief Krause indicated that the proposed MRO reflects new reporting restrictions between the City and School District to be compliant with current Illinois State Law as well as an increase in cost to the school. Roll call vote: Gorman, aye; Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye and Carncross, aye. Motion approved six to zero.

ORDINANCE AUTHORIZING THE CITY OF HARVARD OF MCHENRY COUNTY, ILLINOIS TO BORROW FUNDS FROM THE WATER POLLUTION CONTROL LOAN PROGRAM IN THE AMOUNT OF $25,000,000 - ORD. 2020-110 APPROVED

Mayor Kelly related that this is the loan from the IEPA for the WWTP upgrades and noted the City is expecting the IEPA to forgive a portion of this amount. A motion was made by Alderwoman Haderlein, seconded by Alderman Opper to adopt the ordinance as presented Authorizing the City of Harvard of McHenry County, Illinois to Borrow Funds from the Water Pollution Control Loan Program in the amount of $25,000,000. Alderwoman Haderlein inquired about the increase in the loan amount which originally was $20,000,000. Mayor Kelly noted that the costs had increased and Administrator Nelson clarified there were no specific changes but prices went up with engineer’s estimates. City Administrator Nelson further noted that $22,000,000 is really the City’s limit of what we can afford for the citizens who live here. The City has also submitted two grants to help offset the cost, each in the amount of $5 million. Roll call vote: Gorman, aye; Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye and Carncross, aye. Ordinance 2020-110 approved six to zero.

AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS (ALTERNATE REVENUE SOURCE), SERIES 2020A OF THE CITY OF HARVARD, MCHENRY COUNTY, ILLINOIS, TO AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,450,000 FOR THE PURPOSE OF REFINANCING CERTAIN OUTSTANDING OBLIGATIONS AND PAYING FOR COSTS RELATED THERETO, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS – ORD. 2020-111 APPROVED

A motion was made by Alderman Schulz, seconded by Alderman Opper to adopt An Ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2020A of the City of Harvard, McHenry County, Illinois, to an aggregate principal amount not to exceed $5,450,000 for the purpose of refinancing certain outstanding obligations and paying for costs related thereto, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Roll call vote: Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye; Carncross, aye and Gorman, aye. Ordinance 2020-111 approved six to zero.

AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS (ALTERNATE REVENUE SOURCE), SERIES 2020B OF THE CITY OF HARVARD, MCHENRY COUNTY, ILLINOIS, TO AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,300,000 FOR THE PURPOSE OF REFINANCING CERTAIN OUTSTANDING OBLIGATIONS AND PAYING FOR COSTS RELATED THERETO, AND PROVIDING FOR THE LEVY AND COLLECTION OF A DIRECT ANNUAL TAX FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SAID BONDS – ORD. 2020-112 APPROVED

A motion was made by Alderman Carncross, seconded by Alderman Schulz to adopt An Ordinance authorizing the issuance of General Obligation Bonds (Alternate Revenue Source), Series 2020B of the City of Harvard, McHenry County, Illinois, to an aggregate principal amount not to exceed $1,300,000 for the purpose of refinancing certain outstanding obligations and paying for costs related thereto, and providing for the levy and collection of a direct annual tax for the payment of the principal of and interest on said bonds. Alderman Opper inquired if it was a 10 or 20-year note. Administrator Nelson responded that it is actually a 14-year note as it runs to the end of the TIF expiration. Property taxes collected from the TIF are what’s paying off the principal and interest of the bonds so it can only be run as long as the City has taxing authority to do so. There are also certain redemption periods where you can take advantage of the bonds. Typically, anything from 1 thru 10 years are non-redeemable and anything past 10 years could be redeemed if the City had the money. Roll call vote: Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye; Carncross, aye and Gorman, aye. Ordinance 2020-112 approved six to zero.

REGIONAL TRANSPORTATION AUTHORITY (RTA) ACCESS TO TRANSIT GRANT

The City has been notified that the application to the RTA Access to Transit program for sidewalk improvements has been awarded. City Administrator Nelson related this is Phase 1 engineering for sidewalks, bus stations and handicap ramps from Ayer St. from Park St. all the way down to Route 173 and also includes a portion of Marengo Rd. With the Phase 1 Engineering, the intent is to reapply back to the RTA who bundles their things together for CMAP funding to be able to get construction dollars in a two-year time period. A motion was made by Alderman Schulz, seconded by Alderman Carncross to authorize the Mayor’s execution of the agreement with the RTA. Roll call vote: Opper, aye; Haderlein, aye; Schulz, aye; Carncross, aye; Gorman, aye and Perkins, aye. Motion approved six to zero.

CDBG AGREEMENT BETWEEN COUNTY OF MCHENRY AND CITY OF HARVARD FOR THE SOUTHSIDE SIDEWALK PROJECT - APPROVED

Mayor Kelly related this is part of the Neighborhood Revitalization Strategy Area (NRSA). The amount granted by the CDBG is $87,000 which is lower than the requested amount of $127,000 so the scope of the project will be reduced by that amount. A motion was made by Alderman Carncross, seconded by Alderman Perkins to authorize the Mayor’s execution of the proposed agreement. Roll call vote: Haderlein, aye; Schulz, aye; Carncross, aye; Gorman, aye; Perkins, aye and Opper, aye. Motion approved six to zero.

FYI: PARK BOARD DISCUSSION RELATIVE TO BOATING & SWIMMING IN RETENTION PONDS

Chairman Schulz updated the City Council on Park Board discussion from their last meeting on July 13th relative to boating and swimming in retention ponds. The Park Board’s recommendation is that the proposed ordinance be withdrawn and directing City staff to put up signage, no swimming allowed/boat at your own risk. Aldermen Opper commented that he felt that was a good decision.

DEPT HEADS REPORT

Reports as submitted.

Community Development Santeler related that the MFT Road Program is complete. The paving company will be back on Friday to complete patching repairs on Route 14 by Casey’s and Marengo/Airport Rd. Also, the construction of the police dept. is a about one month behind due to personnel, material and weather delays. The project should be under roof sometime in November. Mayor Kelly inquired if Steve had any update on the completion of the Route 14 viaduct project. Steve will check with the contractor who is also doing work on the new police dept. to see if they are aware of the status of the project.

Supt. Kruckenberg noted various repair jobs/gravel patches and a winter-share of main breaks that may have something to do with the viaduct repair.

COMMITTEE REPORTS

ALDERMAN OPPER

Alderman Opper complimented Steve and Deb on the job they’re doing coordinating the contractors on the police dept. project which seems to be moving along well and Chief Krause for keeping things relatively quiet during the pandemic.

ALDERMAN PERKINS

Aldermen Perkins and Opper related a call they received from a constituent to allow parking on the west side of Ridge Lane in front of the apartment buildings. Currently there is no parking on either side of Ridge Lane. The request could be addressed either by the Ordinance Committee, Streets & Alley’s Committee or a Committee of the Whole to generate an ordinance. Mayor Kelly will touch base with Alderwoman Heinsohn and Alderman Meza to see if they want their respective committees to meet. Either way, the item should be on the next City Council agenda.

ALDERMAN CARNCROSS

Alderman Carncross welcomed everyone back and noted it was great to see everyone in person after several months.

ALDERMAN GORMAN

Alderman Gorman related Park Board discussion from their last meeting on July 13th relative to looking into the idea of a referendum for a park district. He has been conducting research and has been in contact with the Illinois Park District Association to get guidance on what’s involved. The first time this was brought up in Harvard was in 1947 and again in 1974 and 1990. Alderman Gorman noted the reason they failed was because of a lack of communication as people didn’t understand what the benefits were. Mayor Kelly noted that if such a referendum were to come to the voters, it would be in the best interest of City of Harvard residents to vote for it as City residents could force county residents to become part of the park district because there are more voters in the City than outside of the City. More revenue would be generated that would provide more services. Alderman Opper commented that parks would then not be a responsibility of the City Council because a park district would be a separate legal entity.

ALDERWOMAN HADERLEIN

Alderwoman Haderlein inquired about information in the packet about a new Public Safety Council. City Administrator Nelson related that was part of his report. This was a management task that was part of the Strategic Plan that was developed several years ago to come up with the concept of a public safety council that would be a citizen board that would act in an advisory capacity to the Police Dept. This is the final task on the management side of the Strategic Plan. The next step is up to the City Council to create the organization and find individuals to appoint to the safety council.

ATTORNEY’S REPORT

Mayor Kelly introduced Attorney Mollye Dahlin who is filling in for Attorney TJ Clifton who is on vacation.

NO REPORT

Treasurer Bejot, City Administrator Nelson and Alderman Schulz had no additional report.

CLERK’S REPORT

August 4 Planning & Zoning Commission Meeting - POST TO CANCEL

August 17 Regular Park Board Meeting - 6 pm

August 18 Regular Events Committee Meeting - 5:30 pm

August 25 Regular City Council Meeting - 7 pm

MAYOR’S REPORT

• Mayor Kelly commented that communication is key if the concept for a park district moves forward. A referendum needs to be well planned out and he encouraged engaging a marketing person. He would also like to move forward with the park foundation which has already been formed but is nonfunctioning. Mayor Kelly noted a park foundation could create an endowment as an additional revenue source for the parks and asked the City Council to help identify people to serve on the foundation.

• Mayor Kelly updated the City Council on the status of the ongoing lawsuit with Edward Gong who is now saying he has a buyer, but has not provided any additional details. The City has a court date the end of August at which point the judge will rule on the abandonment issue. McHenry County Treasurer Glenda Miller issued a Deed in Error last week which basically means the taxes that were purchased by AmadeusA LLC are now removed from the issue. The County Treasurer has returned those taxes and removed their ability to foreclose on the property. Attorney Clifton is looking into the matter further.

A motion was made by Alderman Opper, seconded by Alderman Perkins to adjourn the meeting. Aldermen voting aye: Haderlein, Schulz, Carncross, Gorman, Perkins and Opper. All ayes. Motion carried.

Meeting adjourned at 8:30 pm

https://www.cityofharvard.org/sites/default/files/fileattachments/city_council/meeting/12451/ccminutes2020-07-28.pdf