McHenry Times

City of Harvard City Council met July 26.

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, Carncross, Gorman, Meza and Perkins. Alderman Lavallee and Alderwoman Luna were absent. Also present: City Administrator Nelson, Treasurer/Finance Director Bejot, Code Enforcement Officer Nutley, Chief Bauman, Supt. Parks & Rec Knop, Supt. Public Works Kruckenberg, Supt. Utilities Grant, City Attorney TJ Clifton and members of the audience.

PUBLIC COMMENT

Gilbert Whaples indicated he would like to comment on Item #8 of the agenda.

TRANSPORTATION COMMITTEE MEETING MINUTES - APPROVED

A motion was made by Alderman Gorman, seconded by Alderwoman Haderlein to approve the Transportation Committee Meeting Minutes of July 7, 2022, 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 June 28, 2022

b. Special City Council Committee of the Whole Minutes of July 12, 2022

c. Park Board Meeting Minutes of June 20, 2022

d. Transportation Committee Meeting Minutes of July 7, 2022

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. Resolution Releasing Closed Session Minutes into Open Session Minutes

n. Proclamation National Payroll Week

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

PAYMENT OF BILLS

Mayor Kelly indicated that moving forward, payment of bills would not be included in the Consent Agenda. He felt this is one of the more important aspects of City Council oversight and should be a separate agenda item each month.

A motion was made by Alderman Schulz, seconded by Alderman Meza to approve payment of the bills as presented in the amount of $927,736.46. Roll call vote: Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye; Haderlein, aye and Schulz, aye. Motion approved six to zero.

PLANNING & ZONING COMMISSION RECOMMENDATION – JULY 5, 2022

West Front Brewing LLC (petitioner) and Castcarr Properties LLC (Property Owner) Conditional Use Reception/Banquet Facility and Variation Required Off-Street Vehicle Spaces - Ordinance 2022-20 Approved The petitioner is seeking a conditional use pursuant to Table 8-1 of the Unified Development Ordinance to utilize the subject property as a Reception/Banquet Facility on the second floor of the building. The petitioners are further seeking a variation from Section 10.3, Required Off-Street Vehicle Spaces. Subject property is located at 201 & 205 West Front St., Harvard. The petitioners and their attorney were in attendance.

Mayor Kelly opened the floor to questions/comments.

Gilbert Whaples, 3318 Trebes Dr., Harvard addressed the City Council and noted his objections:

• The petitioners were doing demo work over the weekend. Mr. Whaples inquired about a demolition permit, an asbestos inspection and if their contractors are licensed with the City.

• The egress from the top floor: The ADA requires a 30’ travel ramp and the National Fire Code requires an additional 20’ out into the parking lot, so the petitioners will lose 8-10 parking spots.

• According to his research, the brew pub is a receiver of the brew from an on-site brewery which will be located on the lower level of the building and you can’t have a brewery unless it is first zoned as a microbrewery. Their plans include a tap room which allows for sale of other people’s alcohol which would basically allow the petitioner to have a bar on the premises. The petitioners will also require plan approval by the McHenry Co. Health Dept. for the kitchen.

• Mr. Whaples did not think the City Council should act on the petition at the current time and should ask the petitioners to come back with a set of blueprints according to ADA and code requirements.

Alderman Perkins requested confirmation that the City Council was just approving the zoning recommendation not the building demolition and reconstruction. City Administrator Nelson stated that was correct and further noted that issuance of a building permit is an administerial duty handled by the Community Development Dept. and not by the full City Council.

Attorney Tyler Wilke with Zanck, Coen, Wright & Saladin, Crystal Lake, IL gave an overview of the petition. The petitioner has not yet applied for a building permit; the petition is for the underlying zoning. The plans that have been presented are preliminary. The petitioners have an architect and plan to be ADA compliant and compliant with building codes. Attorney Wilke stated that the petitioners believe that the standards have been met for the conditional use and variation and request that the City Council approve both the conditional use and variation.

Mayor Kelly opened the floor to comments from the City Council:

At Alderwoman Haderlein’s inquiry, petitioner Sonia Castenada clarified the square footage of the event space and brew pub and how the parking number was calculated. The total square footage of each floor is 7,200 sq. ft. for a total of 14,400 sq. ft. Sonia further noted that they only have preliminary plans based on whether they are approved or not. The banquet hall facility is on the upper level completely. The brew pub is on the lower level. The restaurant/eatery itself is on the lower level at about 2,500 - 3,000 sq. ft. Per the UDO, the parking space requirements are 1 per 250 sq. ft. (brew pub) or 1 for 300 sq. ft. (reception/banquet facility). The petitioners have 41 spaces.

A motion was made Alderman Gorman, seconded by Alderman Perkins to approve the Planning and Zoning Commission’s recommendation to approve the petition for a conditional use pursuant to Table 8-1 of the UDO to utilize the subject property as a Reception/Banquet Facility on the second floor of the building and a variation from Section 10.3, Required Off-Street Vehicle Spaces. Roll call vote: Gorman, aye; Meza, aye; Perkins, aye; Haderlein, aye; Schulz, aye and Carncross, aye. Ordinance 2022-120 approved six to zero.

Alderman Schulz recused himself from the meeting at 7:17 pm.

SPECIAL EVENT LIQUOR LICENSE APPLICATIONS

Special Event Liquor License Applications have been submitted as follows:

a) The Harvard Boys League requested a Special Event Liquor License for July 16 & 17, 2022, at the Moose Fields from 8 am – 8 pm. The fees have been paid and dram shop insurance was submitted.

b) HERS League requested a Special Event Liquor License for July 17, 2022, at the HERS Softball Fields. The fees have been paid and dram shop insurance was submitted.

c) Carl Opper is requesting a Special Event Liquor License for Sunday, September 25, 2022, at the Boy’s League Shelter. The event was cancelled in 2021 and the fees were carried over to 2022.

Mayor Kelly related that both the Boys League and HERS League have been notified in writing that future requests for a Special Event Liquor License must be received sixty days prior to the event or it will be denied. A motion was made by Alderman Meza, seconded by Alderman Carncross to approve the Special Event Liquor License Applications for the Harvard Boys League, HERS League and Carl Opper. Roll call vote: Meza, aye; Perkins, aye; Haderlein, aye; Carncross, aye and Gorman, aye. Motion approved five to zero.

RELINQUISH CLASS A LIQUOR LICENSE - APPROVED

John Schneider has submitted a letter relinquishing the Class A Liquor License for Bopp's Grille & Saloon Inc., 103 E. Front St. pending approval of a license issued to Samantha Roesner and Scott Indermitte. A motion was made by Alderman Carncross, seconded by Alderman Meza to accept the relinquishment of the Class A Liquor License as presented. Roll call vote: Haderlein, aye; Carncross, aye; Gorman, aye; Meza, aye and Perkins, aye. Motion approved five to zero.

CLASS A LIQUOR, GAMING AND VENDING LICENSES - APPROVED

Samantha Roesner and Scott Indermitte d/b/a Bopp’s LLC, have submitted applications for a Class A Liquor License, Video Gaming License and Vending License, 103 E. Front St., Harvard. Chief Bauman updated the City Council on the status of the background check from the state which is still pending for Scott Indermitte. A motion was made by Alderman Carncross, seconded by Alderman Meza to approve the license applications as submitted pending background check, submission of fees and insurance. Roll call vote: Carncross; aye; Gorman, aye; Meza, aye; Perkins, aye and Haderlein, aye. Motion approved five to zero.

Alderman Schulz returned to the meeting at 7:23 pm.

BUILDING PERMIT LETTER OF AGREEMENT

Mayor Kelly advised this is the exact same agreement the City Council approved for Foxtail Properties. A motion was made by Alderman Perkins, seconded by Alderwoman Haderlein to approve an agreement with KLM Builders to reduce the building permit fees for the development of four residential properties within the next two years; permit fee for the four total properties to be $16,800. Roll call vote: Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye; Haderlein, aye and Schulz, aye. Motion approved six to zero.

COMMITTEE OF THE WHOLE RECOMMENDATIONS

A motion was made by Alderman Schulz, seconded by Alderman Meza to approve the Committee of the Whole recommendations as follows:

a) Bring economic development under the organizational umbrella of the Community Development Committee to be renamed the Community and Economic Development Committee. b) Approve the Committee’s recommendation to post the City Administrator job position revising the position and organizational chart to include the library.

Roll call vote: Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye; Haderlein, aye and Schulz, aye. Motion approved six to zero.

AMEND SECTION 15.06 RESIDENT PARKING & 15.07B, PARKING PROHIBITIONS, NO PARKING LOCATIONS – ORDINANCE 2022-121 APPROVED

A motion was made by Alderwoman Haderlein, seconded by Alderman Schulz to approve the Transportation Committee’s recommendation to adopt an ordinance amending Chapter 15 as presented. Roll call vote: Meza, aye; Perkins, aye; Haderlein, aye; Schulz, aye; Carncross, aye and Gorman, aye. Ordinance 2022-121 approved six to zero.

TRANSPORTATION COMMITTEE RECOMMENDATION

A motion was made by Alderman Perkins, seconded by Alderwoman Haderlein to approve the Committee’s recommendation to pursue a second referendum for a 1% sales tax for road improvements during the April 2023 Election. Alderman Gorman stated that the Committee discussed what went might have gone wrong with the last attempt. Next time, a citizen committee will be put together to sponsor the idea and do a better job to communicate with the community why this is so important. Roll call vote: Perkins, aye; Haderlein, aye; Schulz, aye; Carncross, aye; Gorman, aye and Meza, aye. Motion approved six to zero.

DEPT. HEADS REPORT

Written reports as submitted.

Utilities Supt. Grant updated the City Council on the WWTF project. Alderman Carncross will work with Supt. Grant to schedule a tour for the Community Development Committee.

At Alderman Haderlein’s inquiry, Supt. Kruckenberg reported on the leak that occurred across from the hospital. They believe a truck ran over the fire hydrant. The 1966 hydrant had leaded joints including the T that comes off East McKinley St. so it all had to be replaced. Subsequently, a valve blew off the 8” main that also had to be repaired. Supt. Kruckenberg related that the hospital was never out of service.

Supt. Knop related that the replacement glass for the pool should be delivered tomorrow and the new glass should be installed by the end of the week.

Chief Bauman reported that Cesar Salas has passed all background and required testing. He will be sworn in on September 6th and reporting to the Illinois Police Academy on September 11th to start his 14 weeks of training. The second person to bring the department to full staff didn’t pass some of the requirements. Chief Bauman will be meeting the last recruit on the list on Friday; hopefully with a December spot at the academy. Another list will be posted in the coming weeks for new recruits. Sergeants test: 5 of the 7 eligible officers have accepted and are studying for the test which will be held in September. Officer Andrade will be finishing his field training and released to solo patrol on August 1st. This allows the department to recreate the cover shift (7 pm – 3 am) to alleviate some of the overtime. Officer Tobias has elected to go to that shift.

Chief Bauman reported that National Night Out is Tuesday, August 2nd. Officer Kohn has coordinated and organized the event for the last several years and was able to get Austin Edwards, who was a first runner up at Americas Got Talent, to perform this year at a dramatic discount.

COMMITTEE REPORTS

ALDERMAN CARNCROSS

Alderman Carncross will discuss a WWTP tour at the August City Council Meeting for a date in September. He further commended the pool staff for a great job on how they responded in handling the recent vandalism at the pool and getting the pool cleaned up and operating right away.

ALDERMAN SCHULZ

Alderman Schulz noted that the City made $197,000 off the sale of two buildings last year with the funds going into the general fund. It had been mentioned that the use of those funds would be discussed in February. In his opinion, the next City Administrator should be made aware that those funds should be earmarked and can be used for capital improvements. He also thanked Supt. Knop and the pool staff for their work following the recent vandalism at the pool.

ALDERWOMAN HADERLEIN

Alderwoman Haderlein inquired if anyone was identified relative to the car crash at the library that was later abandoned. Chief Bauman related that the incident is still under investigation.

The auditors would like to review the audit at the Administration Committee Meeting in September. After checking with the aldermen’s schedules, an Administration Committee Meeting was scheduled for September 14th at 6:30 pm. The August meeting was rescheduled for Thursday, August 11th at 6:30 pm. Discussion of the revenue received from the sale of the two buildings can be added to the August agenda.

Alderwoman Haderlein related that her schedule may be a little hectic over the next few months as she submitted her petition packet in Springfield to run for Congress in the 16th Congressional District.

ALDERMAN GORMAN

Alderman Gorman reported that the CMAP road consultant wants to schedule a presentation on Thursday, August 25th. It was decided that the Transportation Committee would be a better place to have the presentation and invite the entire City Council to attend. The company is located out of Tucson so the meeting will be held via Go To Meeting. Anne will confirm a time of 6:30 pm CST.

Alderman Gorman reported on the request to upgrade the tracking of City projects. City Administrator Nelson gave him the Excel spreadsheet which ported right over to Google Sheets so it can be turned into a website really easily. Once completed, you will be able to click on the bar graph and it will go to the story on a particular project and its status. It will be a living document. City Administrator Nelson is also updating the website under City Projects. Alderman Gorman related they can be cross-linked.

NO REPORT

City Attorney Clifton and Aldermen Perkins and Meza had no additional report.

TREASURER’S REPORT

Report as submitted.

CITY ADMINISRATOR REPORT

City Administrator Nelson highlighted the following from his report: the contract for the water main extensions was awarded to Berger Excavation as part of the American Rescue Plan (ARP). Construction has been delayed due to material shortages (ductile iron water main); there is a 120 day wait on the order.

CLERK’S REPORT – UPCOMING MEETING DATES

August 2 Planning and Zoning Commission Meeting – POST TO CANCEL

August 11 Administration Committee Meeting – 6:30 pm

August 15 Park Board Meeting – 6 pm

August 23 Regular City Council Meeting – 7 pm

August 25 Transportation Committee Meeting – 6:30 pm

MAYOR’S REPORT

• Mayor Kelly met with the current owners of the former Motorola property, CAI Investments. They are slowly moving forward and have issued payment for the next phase with the TIF development. The City is awaiting the money transfer.

• Popeye’s has submitted their application for the Enterprise Zone. Starbucks is a little further behind.

• Mayor Kelly expressed his appreciation to the City Council for their approval of a reduction for permitting fees to KLM Builders.

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

Meeting adjourned at 7:52 pm.

https://www.cityofharvard.org/sites/default/files/fileattachments/city_council/meeting/14536/ccminutes2022-07-26.pdf