McHenry Times

City of Harvard City Council met Feb. 22.

Here are 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, Lavallee, Carncross, Gorman, Meza, Perkins and Luna. Also present: City Administrator Nelson, Treasurer Bejot, Code Enforcement Officer Nutley, Community Development Director Santeler, Deputy Chief Bauman, Supt. Parks & Rec Knop, Supt. Public Works Kruckenberg, Supt. Utilities Grant, City Attorney TJ Clifton and members of the audience.

PUBLIC COMMENT

None

POLICE DEPT. MERIT AND COMMENDATION AWARDS

Deputy Chief Bauman read Awards of Commendation and Merit with respect to the following incidents: • Stabbing/Life Saving Incident on January 1, 2022: Award of Commendation - Officer Spencer Smith; Award of Merit – Officer Jacqulyn Demink and Officer Trent Tobias

• Armed Robbery Incident on January 31, 2022: Award of Commendation – Officer Spencer Smith, Officer Jacqulyn Demink, Officer Trent Tobias, Officer Kurt Stahl, Sgt. Carmen Sacco, Sgt. Andrew Spielman and Officer Eric See

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 January 25, 2022

b. Planning & Zoning Commission Meeting Minutes of February 1, 2022

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. Harvard Garden Club request to host annual spring plant sale at Harvard Diggins Library Plaza on Saturday, May 14, 2022, from 8 am – 2 pm

l. Accept Ron Burlingame’s Letter of Resignation from the Police Pension Board

m. Resolution Declaring the 81st Harvard Milk Days 2022 a Legal Holiday Weekend

n. Resolution to Close Route 173 between Jefferson St. and Division St. for the Harvard Milk Days Parade on June 4, 2022, contingent upon any state Covid regulations

o. Proclamation in Honor of Harvard Moose Lodge #1289 100th Anniversary

p. Payment of bills in the amount of $606,432.58

A motion was made by Alderman Schulz, seconded by Alderman Perkins to approve the Consent Agenda, items 6a-p, as presented. Roll call vote: Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye and Luna, aye. Motion approved eight to zero.

PLANNING & ZONING COMMISSION RECOMMENDATION – FEBRUARY 1, 2022

Guadencio Alvarez, 20500 McGuire Rd – Reclassification and Conditional Use - Ordinance 2022-102 Approved

The petitioner is seeking a zoning map amendment pursuant to Section 14.2 of the Unified Development Ordinance (UDO) to reclassify property from “B-P” Business Park District to “A” Agricultural District in order to operate a landscaping business and upon approval, a conditional use pursuant to Section 14.2 of the UDO to utilize the subject property as a family campground. Subject property is located in Dunham Township and commonly known as 20500 McGuire Rd., Harvard, IL 60033. PIN 06-01-200-015 After reviewing the evidence and testimony presented, the Planning and Zoning Commission recommends to the City Council to grant the petitioner’s request to reclassify the subject property from “B-P” Business Park District to “A” Agricultural District with the following noted as part of the recommendation:

1. Due to the permitted use in the UDO for that particular type of business, being landscaping, where it’s not permitted right now in the B-P Zoning District;

2. The usefulness of that particular parcel as BP is now long since spent.

The Planning and Zoning Commission further recommends to the City Council that the petitioners be granted a conditional use permit to allow camping on the subject property with the following conditions:

1. The property can be used only for family and friends and not business camping;

2. The maximum number of campers to be on the property at any given time is 5;

3. Camping activities to be conducted from April 1st – October 31st with no long-term stays;

4. Facilities be provided with well and septic within 5 years; until such time as the building is built, the petitioners must utilize temporary camping utilities or porta pots with no human waste disposed on the property;

5. The campers must be parked on gravel and paved within the city guidelines of one year;

6. The conditional use runs with the current property owner and will expire at such time as the property is sold.

The City Council reviewed the Commission’s recommendations and findings of fact. The petitioner was in attendance. A motion was made by Alderwoman Haderlein, seconded by Alderman Perkins to approve the Commission’s recommendation as presented. Mayor Kelly opened the floor to comments/questions. There were none. Roll call vote: Lavallee, aye; Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye; Luna, aye; Haderlein, aye and Schulz, aye. Ordinance 2022-102 approved eight to zero.

PLANNING & ZONING COMMISSION RECOMMENDATION – FEBRUARY 1, 2022

5508 Harvard LLC, Southeast Corner of S. Division/McGuire Rd. – Set Back & Bail Out Lane Variations Ordinance 2022-103 Approved

The petitioner is seeking variations pursuant to the Unified Development Ordinance (UDO) as follows: relief from Section 6.3, Business Districts Dimensional Standards Table 6-1 to reduce the corner yard setback requirements at the McGuire Road frontage and relief from Section 8.3.F.5, Principal Use Standards, Drive-Through Facility to waive the bail out lane requirement. Subject property is located in Dunham Township at the Southeast corner of South Division and McGuire Rd. Harvard, IL 60033. PIN 06-02-426-031, 06-02-426-032, 06-02-246-033 After reviewing the evidence and testimony presented, the Planning and Zoning Commission recommends to the City Council to grant the petitioner’s request for a setback of 16’ at the McGuire Rd. frontage, resulting in a 24’ variation with the condition that the petitioner work closely with the Community Development Department and Christopher Burke Engineering to come up with working solutions on the engineering comments.

The Planning and Zoning Commission further recommends to the City Council that the petitioners be granted a variation to eliminate the bail out lane requirement with the following noted as part of the recommendation: In the Commission’s view, a bail out lane is not a safety issue, but rather a personal business model preference as to whether the bail out lane is provided for their business model.

The City Council reviewed the Commission’s recommendation and findings of fact. The petitioners were in attendance. A motion was made by Alderwoman Haderlein, seconded by Alderman Schulz to approve the Commission’s recommendation as presented. Mayor Kelly opened the floor to comments/questions:

• Alderman Perkins inquired about sidewalks on both Route 14 and McGuire Rd. City Administrator Nelson confirmed that sidewalks would be addressed during the engineering review.

• Alderman Schulz asked Deputy Chief Bauman about the number of tickets issued for vehicles turning left out of Walmart at the first entrance; Deputy Chief Bauman responded that not many tickets are issued. Alderman Schulz said he is not against the development but noted it as a concern that people will turn left. City Administrator Nelson noted there is full access just to the south.

Roll call vote: Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye and Lavallee, aye. Ordinance 2022-103 approved eight to zero.

CITY ADMINISTRATOR NELSON’S LETTER OF RETIREMENT - APPROVED

A motion was made by Alderman Schulz, seconded by Alderman Perkins to approve City Administrator David Nelson’s letter of retirement, with sincere regrets, effective with his last day in the office of January 6, 2023. Aldermen voting aye: Haderlein, Schulz, Lavallee, Carncross, Gorman, Meza, Perkins and Luna. All ayes. Motion carried.

HARVARD AREA CHAMBER OF COMMERCE WAIVER OF PARK RENTAL FEE - APPROVED

The Chamber of Commerce is requesting a waiver of fees (estimated at $1,000) for use of Milky Way Park from September 7th – September 12th, 2022, to host the American Veterans Traveling Tribute. A motion was made by Alderman Perkins, seconded by Alderman Carncross to approve the requested fee waiver. Executive Director Crystal Musgrove related that the Chamber is in the beginning stages of organizing the event. Harvard is the only community in the State of Illinois to host the full tribute. Informational flyers were passed out to the City Council. Alderman Schulz noted that the City also charges Milk Days and other youth organizations that benefit the community for use of the park and his opinion was that rental fees should just be eliminated. This will be on an upcoming Park Board agenda for discussion. Roll call vote: Gorman, aye; Meza, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye and Carncross, aye. Motion approved eight to zero.

AN ORDINANCE AUTHORIZING THE ISSUANCE OF TAXABLE GENERAL OBLIGATION BONDS (ALTERNATE REVENUE SOURCE), IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,950.00 FOR THE PURPOSE OF FUNDING A PORTION OF THE CITY’S UNFUNDED POLICE PENSION LIABILITY RELATING TO THE POLICE EMPLOYEES, FUNDING A BUDGET STABILIZATION ACCOUNT, AND PAYING FOR COSTS RELATED THERETO, AS AMENDED ORDINANCE 2022-104 APPROVED

A motion was made by Alderwoman Haderlein, seconded by Alderman Carncross to adopt the proposed ordinance as presented and to authorize execution of all related documents. Roll call vote: Meza, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye and Gorman, aye. Ordinance 2022-104 approved eight to zero.

MUNICIPAL SALES TAX ORDINANCE – NO ACTION TAKEN

Attorney Clifton reviewed conversations with the McHenry Co. Clerk’s office to make certain that the question on the ballot is good to go for the submission of the proposition of a municipal sales tax. He thought all the issues were resolved and at this point, no additional action is required. He will make certain there are no last-minute issues and will advise staff upon confirmation of the question. The deadline to submit public questions for the General Election is March 21, 2022.

Alderman Gorman initiated discussion of when to approve a separate resolution/ordinance that specifies that funds received from the sales tax would be allocated strictly for road and sidewalk improvements, similar to what was approved for the parks tax extension indicating where funds were going. A proposed ordinance/resolution could be done prior to the election and might be a good faith effort to show voters the intentions of where the funds will go. Alderman Gorman will put the item on the upcoming Transportation Committee Meeting.

RESOLUTION AWARDING CONTRACT/2022 MFT ROAD PROGRAM - APPROVED

A motion was made by Alderman Schulz, seconded by Alderman Carncross to adopt a resolution awarding the contract for the 2022 MFT Road Program to Schroeder Asphalt Services, Inc. for their low bid of $259,561.36 and to authorize execution of all contract documents. Roll call vote: Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye; Gorman, aye; Meza, aye and Perkins, aye. Resolution approved eight to zero.

EMERGENCY OPERATIONS PLAN/OFFICE OF EMERGENCY MANAGEMENT - APPROVED

The Emergency Operations Plan (EOP) is due for renewal through the McHenry Co. Emergency Management Agency (MCEMA). The document contains sensitive information and is available for Council review by appointment at the Police Dept. Mayor Kelly and Deputy Chief Bauman reported that Harvard is the only municipality in McHenry Co. that has adopted and maintained an EOP. A motion was made by Alderman Schulz, seconded by Alderman Perkins to authorize the Mayor’s execution of the EOP as the City’s Chief Executive Officer. Roll call vote: Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye and Luna, aye. Motion approved eight to zero.

CALL TRANSPORTATION COMMITTEE MEETING

Alderman Gorman called a Transportation Committee Meeting for Wednesday, March 23, 2022, at 6:30 pm to review details for upcoming projects over the next two years.

CALL COMMUNITY DEVELOPMENT COMMITTEE MEETING

Alderman Carncross called a Community Development Committee Meeting for Wednesday, March 16, 2022, at 6:30 pm to review preliminary plans for American Rescue Plan Act (ARPA) projects.

DEPT. HEADS REPORT

Written reports as submitted.

Utilities Supt. Grant updated the City Council on the WWTF project. The project is about 35 days behind schedule which may delay the overall completion date by 1-2 months. City Administrator Nelson is working with the engineers and the delay should not impact the budget.

Deputy Chief Bauman updated the City Council on police department personnel:

• Officer Stahl was a lateral transfer and will be released from FTO 3 weeks early effective March 8th.

• Officer Andrade has completed 7 weeks of police academy with an average 90% score in his exams.

• Officer Spencer Smith has submitted his resignation with his last day of February 28th.

• There are three potential new hires who are in various stages of pre-employment tests/evaluations which will bring the PD back to full staff: Cesar Salas, Brad O’Conner and Kyle Macko.

COMMITTEE REPORTS

ALDERMAN CARNCROSS

Alderman Carncross noted it was amazing to see so many commendations for our officers as it makes such an impact in our small community. The City’s money is well spent with the great job the department is doing.

ALDERMAN LAVALLEE

Alderman Lavallee commented on the budget workshops that he learned a lot that he wasn’t aware of and thanked staff for all their prep work.

ALDERMAN SCHULZ

Alderman Schulz echoed Alderman Carncross’ comments and stated the City is very lucky we have the Police Dept. that we have.

ALDERWOMAN HADERLEIN

Alderwoman Haderlein called an Administration Committee Meeting for March 8th, 2022, at 6:30 pm.

ALDERWOMAN LUNA

Alderwoman Luna thanked the officers and commented that they do a great job. As a small community, Harvard is a safe community because of the Police Dept.

ALDERMAN PERKINS

Alderman Perkins congratulated the Police Dept. and thanked them for what they do.

ALDERMAN MEZA

Alderman Meza inquired if there are available funds for the Community Development Committee that can be allocated for a project, in particular next to the water tower between City property and the railroad tracks that overgrown with weeds as well as the downtown banners. City Administrator Nelson stated there is a line item in the Administration Dept. called special projects; how the money is spent is at City Council discretion. There is about 13K in the fund.

ALDERMAN GORMAN

Alderman Gorman thanked City Administrator Nelson for his years of service and commented that he will be missed. Dave runs an incredibly tight ship and is one of most honest people he has run into.

NO REPORT

City Administrator Nelson had no additional report.

TREASURER’S REPORT

Report as submitted.

CITY ATTORNEY’S REPORT

City Attorney Clifton updated the City Council on the status of the Country Brook foreclosure (24 lots). The Sheriff’s sale is scheduled for the morning of March 31st. Additionally his office is in the process of pursuing the most cost-effective way to get the outlots that were originally platted to be dedicated to the City deeded back to the City without having to file a lawsuit.

CLERK’S REPORT – UPCOMING MEETING DATES

March 1 Planning and Zoning Commission Meeting – POST TO CANCEL

March 8 Administration Committee Meeting – 6:30 pm

March 16 Community Development Committee Meeting – 6:30 pm

March 21 Parks Board Meeting - 6 pm

March 22 Regular City Council Meeting - 7 pm

March 23 Transportation Committee Meeting – 6:30 pm

MAYOR’S REPORT

• Former Ward 3 Alderman Robert O’Halloran passed away February 18th. The visitation is scheduled for February 28th. The City will be sending flowers.

• The City is waiting for the owner to transfer funds in order to engage Ernst & Young to conduct a TIF Eligibility Study for the former Motorola property.

• 25 applicants submitted resumes for the Police Chief’s position. The Mayor has narrowed down the list to 4-5 applicants to begin interviews in the next week or so after which his candidate recommendations can be interviewed by the Administration Committee. Hopefully, everything can be tied up by April to make an offer.

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

Meeting adjourned at 7:51 pm.

https://www.cityofharvard.org/sites/default/files/fileattachments/city_council/meeting/14531/ccminutes2022-02-22.pdf