McHenry Times

City of Harvard City Council met April 27.

Here is the minutes provided by the council:

Mayor Kelly called the Regular City Council Meeting to order and led the pledge to the flag at 7:00 pm. City Clerk Moller called roll to establish a quorum. Aldermen present: Haderlein, Schulz, Carncross, Gorman, Meza, Perkins and Opper. Also present: City Administrator Nelson, Treasurer Bejot, Chief Krause, Code Enforcement Officer Nutley, Community Development Director Santeler, Supt. Parks & Rec Knop, Supt. Public Works Kruckenberg, Supt. Utilities Grant, City Attorney TJ Clifton and members of the audience.

PUBLIC COMMENT

None

FY2021/2022 BUDGET PUBLIC HEARING

Mayor Kelly called the public hearing to order to review the FY2021/2022 Budget, notice of which was published in the Northwest Herald on April 17, 2021. City Clerk Moller called roll. Aldermen present: Haderlein, Schulz, Carncross, Gorman, Meza, Perkins and Opper. Mayor Kelly asked for public comment. There was none. A motion was made by Alderman Opper, seconded by Alderman Perkins to close the budget hearing. Aldermen voting aye: Haderlein, Schulz, Carncross, Meza, Gorman, Perkins and Opper. All ayes. Motion carried.

ORDINANCE COMMITTEE APRIL 22, 2021 - APPROVED

A motion was made by Alderman Perkins, seconded by Alderman Gorman to approve the Ordinance Committee Meeting Minutes of April 22, 2021, as presented. Roll call vote: Haderlein, aye; Gorman, aye and Perkins, aye. Motion approved three to zero.

CONSENT AGENDA - APPROVED

The 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 March 23, 2021

b. Ordinance Committee Meeting Minutes of April 22, 2021

c. Park Board Meeting Minutes of March 15, 2021

d. Planning & Zoning Commission Meeting Minutes April 6, 2021

e. Administrators Report

f. Building & Grounds Report

g. Community Development Department Report

h. Harvard Diggins Library Directors Report

i. Parks & Recreation Report

j. Police Department Report

k. Public Works Department Report

l. Utilities Department Report

m. Payment of bills in the amount of $600,819.62

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

INDIVIDUAL ACTION CONSENT AGENDA ITEM

None

PLANNING & ZONING COMMISSION RECOMMENDATION APRIL 6, 2021

Octavio Salinas, Conditional Use, Body Modification Establishment (Tattoo), 360 S. Division St., #7 Ordinance 2021-111 Approved

The City Council reviewed the Planning and Zoning Commission’s recommendation to approve the petition submitted by Octavio Salinas (tenant) and Henson Enterprises, Inc. (property owner). The

petitioner is seeking a conditional use pursuant to Table 8-1, General Use Regulations of the Unified Development Ordinance to operate a Body Modification Establishment (Tattoo). Subject property is located at 360 S. Division St., #7. The petitioner, Octavio Salinas, was in attendance.

Mayor Kelly opened the floor for questions/comments. There were none. A motion was made by Alderman Opper, seconded by Alderman Meza to approve the Planning and Zoning Commission’s recommendation and proposed ordinance as presented. Roll call vote: Gorman, aye; Meza, aye; Perkins, aye; Opper, aye; Haderlein, aye; Schulz, abstain and Carncross, aye. Ordinance 2021-111 approved six to zero with one abstention.

PLANNING & ZONING COMMISSION RECOMMENDATION APRIL 6, 2021

Glenn Ahrens, Conditional Use, Outdoor Storage of Vehicles, 108 S. Hutchinson St.

Ordinance 2021-112 Approved

The City Council reviewed the Planning and Zoning Commission’s recommendation to approve the petition submitted by Glenn Ahrens who is seeking a conditional use pursuant to Table 8-1, General Use Regulations of the Unified Development Ordinance for the outdoor storage of vehicles for business purposes inside a secure fenced in storage lot. The petitioner is also seeking relief from Section 8.3.M.4 of the UDO which requires that any vehicles stored on-site must be operational and from Section 8.3.M.2 to waive the landscaping requirements. Subject property is located at 108 S. Hutchinson St. The petitioner, Glenn Ahrens, was in attendance.

At Alderman Opper’s inquiry, Community Development Director Santeler confirmed that the petitioner was not seeking relief relative to the fence and will follow the UDO requirements. A motion was made by Alderman Opper, seconded by Alderman Carncross to approve the Planning and Zoning Commission’s recommendation and proposed ordinance as presented. Mayor Kelly opened the floor for questions or comments. At Alderman Meza’s inquiry, City Administrator Nelson noted that the road is a City road. Roll call vote: Gorman, aye; Meza, aye; Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye and Carncross, aye. Ordinance 2021-112 approved seven to zero.

VARIATION FROM SECTION 13B.02.D USE OF SEWERS REQUIRED AND SECTION 13B.03.B USE OF WATER FACILITIES REQUIRED FOR PROPERTY LOCATED AT 21616 AIRPORT RD – ORD 2021-113 APPROVED

The petitioner, Susan Knutson, is requesting relief from Section 13A.02.D, Use of Sewers Required and 13B.03.B, Use of Water Facilities Required, for property located at 21616 Airport Rd. Alderman Schulz made a motion, seconded by Alderman Perkins to grant a variation as requested.

• Alderman Gorman requested that the Ordinance Committee review the water/sewer hookup ordinance and perhaps change it in such a way that if water/sewer isn’t adjacent to the property, you don’t have to put it in when you sell it, with a caveat that if the City does put water/sewer adjacent to the property, the property owner would have to hook up within one year. Chairwoman Haderlein said the Committee can take it up at their next meeting.

• Chairman Schulz noted that the subject property was forcibly annexed about ten years ago and felt if water/sewer were not adjacent, property owners shouldn’t have to tap in.

• City Administrator Nelson stated the adjacent property at 20606 Airport Road was owned by the Reckamps who were given a temporary exception when they sold the property with the caveat that the property owner would tap on when water/sewer were readily available. City Administrator Nelson recommended that the motion include a similar provision that should City sanitary sewer and potable water become available adjacent to the property, the property owner would be required to hook up to City sanitary sewer and potable water mains.

Aldermen Schulz and Perkins amended their motion and second respectively to include City Administrator Nelson’s recommendation. Roll call vote: Gorman, aye; Meza, aye; Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye and Carncross, aye. Ordinance 2021-113 approved seven to zero.

COREY BRACKMAN, B&V GRANT HIGHWAY, LLC – FINAL PLAT OF AIRPORT PLAZA RESUBDIVISION OF LOT 4 – 90 DAY EXTENSION GRANTED TO RECORD PLAT

The UDO requires that following approval of the final plat by the City Council, said plat shall be recorded with the McHenry County Recorder’s Office within 90 days unless the applicant requests an extension of time in writing and such extension is agreed to by the City Council. The petitioner, Corey Brackman, was in attendance and noted he was unaware that there was a 90-day timeframe to record the plat and he doesn’t actually close on the property until May 24th. He felt a 90-day extension would be sufficient depending on how quickly he can get IDOT and McHenry County Engineer signatures. City Administrator Nelson stated that there isn’t a requirement for either IDOT or MCDOT to sign the plat as those particular engineering organizations don’t have anything to do with this particular project as the access points are already completed. The petitioner will bring up the matter with Vanderstappen. A motion was made by Alderman Schulz, seconded by Alderman Opper to grant a 90 extension from the closing date of May 24th. Roll call vote: Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye; Carncross, aye and Gorman, aye and Meza, aye. Motion approved seven to zero.

Alderman Schulz recused himself from the meeting at 7:16 pm.

CLASS A LIQUOR & TOBACCO LICENSE NOXXE FUEL, 360 S. DIVISION ST. #1 - DENIED

Noxxe Fuel, Inc. has submitted a Class A Liquor & Tobacco License application for 360 S. Division St., #1. Application fee paid. Background check satisfactory. The applicant has also submitted a layout for video gaming on premise. A Class A License allows for the consumption of liquor on site which is required to become a gaming establishment. The applicant, Abdul Mahmood, was in attendance.

A motion was made by Alderwoman Haderlein to deny the Class A Liquor License Application with the reasoning being that the council denied a similar request for the Shell Gas Station. Mayor Kelly reviewed the drawing submitted by the petitioner for the gaming area and said the principal difference is that the proposed layout depicts a separate exterior entrance. Interior patrons cannot enter into the gaming area nor can patrons from the gaming area enter into the gas station. Alderwoman Haderlein stated her motion stands. Alderman Opper seconded the motion. At Alderman Carncross’ inquiry, Chief Krause noted his concern, unless they’re going to have more personnel, is there will be only one person working the register, tending the bar and keeping an eye on the pumps, gas station and gaming machines which could pose potential problems from a logistics point of view. The petitioner said there would be two staff members during busy times, with one employee during slower hours; the busy hours are mostly early mornings and from 3-7 pm. City Administrator Nelson wasn’t sure what the Gaming Code restrictions were but indicated that the local liquor code has set times to serve liquor and you have to be able to serve liquor to have gaming. City Attorney Clifton clarified that the motion is to deny the request, so a yes vote is to deny the license. Roll call vote: Opper, aye; Haderlein, aye; Carncross, aye; Gorman, no; Meza, aye and Perkins, no. Motion approved four to two to deny the request.

CLASS B LIQUOR & TOBACCO LICENSE NOXXE FUEL, 360 S. DIVISION ST. #1 – APPROVED

Pending the outcome of Agenda Item #12 which was denied, Noxxe Fuel, Inc. has submitted a Class B Liquor & Tobacco License application for 360 S. Division St., #1. A motion was made by Alderwoman Haderlein, seconded by Alderman Opper to approve a Class B Liquor & Tobacco License Application for Noxxe Fuel, Inc., 360 S. Division St., #1. Roll call vote: Haderlein, aye; Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye and Opper, aye. Motion approved six to zero.

CLASS A LIQUOR LICENSE APPLICATION FOR LOS JALAPENO BROTHERS FAMILY RESTAURANT, INC. – REMOVED FROM AGENDA

Mayor Kelly said that the item is stricken from the agenda as the petitioner is not ready. Alderman Schulz returned to the meeting at 7:29 pm.

ALLOW SIDEWALK CAFES CONSUMPTION OF LIQUOR AND FOOD ON PUBLIC PROPERTY ON A TEMPORARY BASIS WITH A WAIVER OF FEES - APPROVED

A motion was made by Alderman Carncross, seconded by Alderman Perkins to allow sidewalk cafes consumption of liquor and food on public property on a temporary basis with a waiver of fees. Mayor Kelly related this came about due to Covid last year and was quite successful for those restaurants that utilized it. He also suggested that the Ordinance Committee consider eliminating the fee altogether in the future. Roll call vote: Schulz, aye; Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye: Opper, aye and Haderlein, aye. Motion approved seven to zero.

CITY OF HARVARD ANNUAL BUDGET FOR FY2021/2022 - ORD 2021-114 APPROVED

A motion was made by Alderman Opper, seconded by Alderman Schulz to adopt the proposed Ordinance Establishing the City of Harvard Annual Budget for Fiscal Year 2021/2022 as presented. Roll call vote: Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye; Opper, aye; Haderlein, aye and Schulz, aye. Ordinance 2021-114 approved seven to zero.

ORDINANCE COMMITTEE RECOMMENDATIONS

Alderwoman Haderlein and Alderman Gorman reviewed the Ordinance Committee Meeting Minutes of April 22, 2021.

Section 1.14, Settlement of Offenses

A motion was made by Alderman Gorman, seconded by Alderwoman Haderlein to approve the Ordinance Committee’s recommendation to amend Section 1.14, Settlement of Offenses, as presented. Roll call vote: Gorman, aye; Meza, aye; Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye and Carncross, aye. Motion approved seven to zero. A draft ordinance will be presented at the next City Council Meeting.

Shoveling Sidewalks

The item was discussed with no action taken. Alderman Gorman related that the Ordinance Committee will continue discussions in more depth at future committee meetings.

NEW COMMITTEE STRUCTURE PROPOSAL

Mayor Kelly presented the proposal for New Committee Structure, for City Council consideration: 

1. Administration

Areas of Oversight: finance, grants, state and federal legislation, personnel, ordinance, community relations and community events.

• Community Events would be events that would be an outreach effort to engage and involve citizens, not necessarily recreational events or a festival. The suggestion was to change the verbiage to “community engagement or outreach”.

2. Community Development

Areas of Oversight: building issues, public properties, public works, water & sewer issues, zoning & planning.

3. Transportation

Areas of Oversight: long term transportation planning & goals, sidewalk planning & construction, road signage, bike paths, streets and alleys construction, pedestrian safety and traffic studies. 

4. Parks & Recreation 

Areas of Oversight: park & recreation programs, aquatic center, long term park & recreation planning, carry out duties as defined in Section 5.04E of the Harvard Municipal Code.

The Events Committee, Library Board and Spirit of 76 Committee remain stand-alone committees.

City Administrator Nelson said the structure is designed to get more engagement from the aldermen/alderwomen and have more things for the committees to be in charge of so staff can reach out for discussion and get items handled right away. In a very short time period, there will be a big management turnover and the City Council will not be able to rely on the institutional knowledge of City staff. All of the department heads, save one, will be retiring in the next 2-3 years. The concept allows for a learning curve so the City Council will be prepped to replace the department heads who will be leaving.

There was discussion of implementing a Committee of the Whole on a quarterly basis.

A motion was made by Alderman Schulz, seconded by Alderman Carncross to direct staff to prepare an ordinance to create the subcommittee structure. Roll call vote: Meza, aye; Perkins, aye; Opper, aye; Haderlein, aye; Schulz, aye; Carncross, aye and Gorman, aye. Motion approved seven to zero.

DEPT. HEADS REPORT

Written reports as submitted.

Mayor Kelly thanked Supt. Knop for the playground equipment installation at Northfield Park.

Supt. Grant reported that Municipal Well & Pump are on site at Well #6 doing some prep work with the well put back in starting tomorrow. The sludge press showed up and is in its temporary spot with electric run; the contractor will be in to finish up the plumbing and mechanical type work. The press will be fired up on Thursday, May 6th, along with operator training.

Community Development Director Santeler reported that site work for the Police Dept. as well as the road program should commence next week. The road program is scheduled to be completed by May 28th.

Supt. Public Works Kruckenberg and Mayor Kelly reported on the main break on Ayer St. underneath the railroad tracks. It could be costly depending upon the solution; hopefully the pipe can be lined which would be the least expensive solution.

COMMITTEE REPORTS

ALDERMAN OPPER

Alderman Opper stated it has been an honor to serve the City of Harvard over the last 12 years as an alderman. He thanked City Administrator Nelson for his patience in answering all of his questions and to all the managers/city staff for educating him on what they do and how they do it. It has been his pleasure to be a part of it.

Mayor Kelly, as well as each of the aldermen, Treasurer, City Clerk and City Attorney thanked Alderman Opper for his service both as an alderman and prior to that as a member of the Planning and Zoning Commission and wished him the best of luck in the future.

ALDERMAN MEZA

Alderman Meza inquired about an open house for the new police department. Mayor Kelly and Chief Krause replied that an open house is anticipated in August at which time the state should be in Phase 5.

ALDERMAN GORMAN

Alderman Gorman updated the City Council on the snow removal issue on the viaduct and reported that the contact info he received for IDOT appears to be inaccurate. He will draft a letter to IDOT to be reviewed by City staff and will also reach out to Representative Steve Reick’s office.

ALDERMAN CARNCROSS

Alderman Carncross noted he read about an apprehension that resulted in a police officer injury. He asked Chief Krause to pass on thoughts for a speedy recovery and a good job the officers did keeping us safe.

ALDERMAN SCHULZ

Alderman Schulz stated that the Park Board will make a decision on the pool at their May 10th meeting. He noted a conversation he had with someone from Huntley; they are also having problems staffing their pool. Alderman Schulz requested that City staff try to get a better idea where the state is from a bridge perspective by their meeting. City Administrator Nelson will attempt to get the latest information.

ALDERWOMAN HADERLEIN

Alderwoman Haderlein updated the City Council on discussions from the recent Library Board Meeting. The Board put together a prioritization list last month of long-term maintenance projects and are getting quotes after which they will determine which projects to move forward with through either a loan or bond which would be paid off in probably 20 years. Alderman Meza suggested that with more people working from home, the library lease out space for people to work from. Alderwoman Haderlein noted there are a couple of meeting rooms and the board room that can be used for offices or small group meetings. They also have study areas that could serve as a work desk for people that don’t need phones.

CITY ADMINISTRATOR’S REPORT

City Administrator Nelson highlighted a couple items in his report relating to the water main break under the railroad tracks on Ayer St. He would like to refer the item to committee once the committee structure is finalized for an in-depth discussion in terms of what the options are. There are other items as noted in

his report that will require in-depth committee discussion including the old police station and city-owned property on Route 14 north of town.

CLERK’S REPORT

May 4 Planning and Zoning Commission Meeting - 7 pm

May 10 Park Board Meeting - 6 pm

May 17 Park Board Meeting Cancelled

May 18 Events Committee Meeting - 5:30 pm

May 25 Regular City Council Meeting – 7 pm

MAYOR’S REPORT

• The City received and signed the contract from the State of Illinois for the fast track loan grant. Funds are received on a reimbursement basis.

• Under the new Restructuring America Act, funds are being promulgated to various government bodies. The State of Illinois is getting billions of dollars, McHenry County will receive around $80 million and the City will get just over $1 million. There are certain areas that are pre-approved in terms of what they are, but the actual finite rules are not yet determined. Funds could be used towards the WWTP, missing revenue as a result of the pandemic and can also be utilized towards broadband/fiber optics. As part of the Restructuring Act, McHenry County is interested in bringing the trunk line for fiber optics to the City of Harvard looping down to Marengo and back through Union. The details are not known, but in principle there is agreement that it should be done and is a priority for some of the funds. Mayor Kelly has filed for a grant through CMAP to hire a consultant to figure out how to model the last bit of network to get the trunk line to individual homes and businesses. A letter of understanding needs to be created as to the scope of the grant which will be on the next City Council agenda.

• Open house for the new facility is anticipated for August. The parking lot and landscaping to be completed over the next couple of months.

• Mayor Kelly gave a brief update on the former Motorola property. The prospective buyer is now past the due diligence period; the escrowed money of about $1 million is now hard money and cannot be returned. They are proceeding to move forward with the closing but there are still a number of issues that need to be resolved most of which revolve around how to combat the mold issue. Consequently, the federal justice department has extended their close due date to July 20th. The buyer absolutely wants to close before the close date, but they need help from the State of Illinois for a number of issues revolving around the mold issue. It is not really known what happens if they do not close by the due date. In speaking with the broker, typically if that happens, subject to change going back to the feds, it would go back through the bid process. When the prospective buyer is ready to disclose who they are, they will do a full press release.

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

Meeting adjourned at 8:16 pm.

https://www.cityofharvard.org/sites/default/files/fileattachments/city_council/meeting/14075/ccminutes2021-04-27.pdf