McHenry Times

City of Harvard Park Board met July 13.

Here is the minutes provided by the board:

Chairman Jay Schulz called the meeting to order and called roll at 6:00 pm. Committee members present: Alderman Charlie Gorman, Alderman Matt Perkins, Joel Kriete, Scott Logan and Pep Saucedo. Members Alderwoman Bona Heinsohn and Mike Vest were absent. Also present were Mayor Michael Kelly, Supt. Ryan Knop and members of the audience.

Citizen Comment

None

Approval of Minutes

A motion was made by Scott Logan, seconded by Alderman Gorman to approve the Park Board Minutes of June 15, 2020, as presented. All ayes. Motion carried.

Draft Ordinance Prohibiting Boating and Swimming in Retention Ponds

Chairman Schulz related that he previously spoke with City Administrator Nelson and advised him that there were no longer any signs posted for no swimming and boating at the retention pond and further inquired what the City’s liability was. The City Attorney, TJ Clifton, was consulted who provided the following response: “Since the City owns the property, there is a potential for liability. Now with a body of water there are obviously inherent risks and anyone in, on or near the water is presumed to understand and in turn assume that risk. So, the body of water by itself does not present a significant amount of liability. However, if the City is aware that boats are out there, and we do not do anything to restrict it, control it, etc., we likely are exposing ourselves to greater liability. The specific facts of the incident would ultimately dictate the liability, if any, the City would have but allowing the boats out there does create an extra layer of potential liability.” Chairman Schulz asked at the last City Council meeting that a draft ordinance be created prohibiting boating and swimming in retention ponds which has been created by City staff and sent out as part of the agenda packet. The Park Board then reviewed the draft ordinance and discussed the likelihood that the City would be sued in the event of any incident. Other areas of discussion:

• At Alderman Perkins inquiry, Supt. Knop responded that the retention pond would fall under the DNR, but they may be unaware that the body of water exists.

• The only City-owned retention ponds are located in Park Pointe and Shadow Creek Subdivisions. The retention pond at Turtle Crossing is owned by the HOA. Mayor Kelly was uncertain who had posted the no boating/swimming sign in Park Pointe which is unenforceable without an ordinance.

• Chairman Schulz related options would be either to keep the status quo putting up a sign or a sign enforced by ordinance. Alderman Gorman suggested a sign that you use the pond at your own risk.

• Parke Pointe resident Dan Barnett addressed the Park Board in objection to the proposed ordinance that would strictly forbid boating/swimming. He noted there are inherent risks with other park activities, i.e. sledding, soccer and football programs and felt if you were going to prohibit boating/swimming, you would have to look at the entire city for other liabilities. He would be in favor of the proposed ordinance if boating were deleted from the ordinance.

• Supt. Knop noted that an ordinance prohibiting boating/swimming would be difficult to monitor and enforce.

A motion was made by Scott Logan that rather than adopting the proposed ordinance, to direct City staff, to put some signage up. Further discussion ensued. Alderman Gorman inquired if staff should be directed to put together a different ordinance or if the draft ordinance should go to the City Council for further discussion. Chairman Schulz and Supt. Knop noted that the draft ordinance is not on the City Council agenda yet and if the Park Board decided not to move forward with the ordinance, they would still be able to make a decision to erect signs. Scott restated his motion which was to drop the ordinance and have signs put up, directing City staff to determine the wording, boat at your own risk and no swimming. Alderman Gorman seconded the motion. All ayes. Motion carried.

Dog Park Grant Update

Chairman Schulz noted that he didn’t think the proposed site for the dog park by the library retention pond was a feasible location based on the topography and the retention/drainage in the middle. The board discussed other potential site options for a dog park: the southeast portion of Milky Way Park, Shadow Creek, Mary’s Park and Northfield Ave. With the exception of Shadow Creek, water isn’t readily available, but existing water lines could be tapped into. A motion was made Jose Saucedo, seconded by Scott Logan to investigate a grant to put in a dog park in the southeast portion of Milky Way Park. All ayes. Motion carried.

Property Purchase Grant Update

Supt. Knop submitted a federal grant to cover 50% of the asking price for the property just to the south of Lion’s Park (Galvin Pkwy/Route 173) as discussed at the last meeting.

Park District Discussion

Alderman Gorman noted that he spoke with the lawyer for the Illinois Park District Association in Springfield via e-mail to get basic background information on how to start a park district. He also spoke with City Administrator Nelson who recommended using school district boundaries as the area for a proposed district which would potentially double the revenue. Mayor Kelly stated that a separate referendum committee would need to be created, independent from the Park Board, to develop a strategy and promote the formation of a park district. Selling points for a stand-alone park district would be lower taxes for City residents and additional amenities such as a rec center. Alderman Gorman was directed to get some additional information from the Illinois Park District Association to forward to the board prior to the next meeting. Mayor Kelly will put out a feeler through his mayoral Facebook page to gauge interest in a possible rec center.

Supt. Knop’s Report

Supt. Knop reviewed his monthly report.

New Business

Pep stated he would like to acknowledge individuals who donated time and/or material for the dug outs. Mayor Kelly indicated that the City Newsletter goes out every two months with the next one going out on Friday. Thank-you letters could also be sent. Pep will email the Mayor a list of individuals to acknowledge in an upcoming newsletter.

The next meeting will be on Monday, August 17th, 2020, at 6 pm.

At 7:14 pm, a motion was made by Scott Logan, seconded by Joel Kriete to adjourn the meeting. All ayes. Motion carried.

https://www.cityofharvard.org/sites/default/files/fileattachments/parks_and_recreation_board/meeting/13471/minutesparkboard2020-07-13.pdf