McHenry Times

City of Harvard City Council met Oct. 25.

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/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

None

POLICE DEPT. AWARD OF COMMENDATION

Chief Bauman presented an Award of Commendation to Officer Ed Kohn with respect to the following: • Life Saving Incident on September 28, 2022, at which time School Resource Officer Kohn saved the life of a 16-year-old student at Harvard High School who was choking, unable to breathe and in respiratory distress.

ADMINISTRATION COMMITTEE MEETING MINUTES - APPROVED

A motion was made by Alderman Gorman to approve the Administration Committee Meeting Minutes of September 28, September 29, October 5, October 6 and October 11. Alderwoman Haderlein noted that the minutes for October 6 were not in the agenda packet and should not be included in the motion. Alderman Gorman amended his motion which was seconded by Alderwoman Haderlein. Roll call vote: Haderlein, aye; Carncross, aye; Gorman, aye and Perkins, aye. Motion approved four to zero.

COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE MEETING MINUTES - APPROVED A motion was made by Alderman Carncross, seconded by Alderman Schulz to approve the Community and Economic Development Committee Meeting Minutes of October 20, 2022, as presented. Roll call vote: Schulz, aye; Carncross, aye; Meza aye and Luna, aye. Motion approved four 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 September 27, 2022

b. Park Board Meeting August 15, 2022

c. Planning & Zoning Committee Meeting Minutes of October 18, 2022

d. Administration Committee Meeting Minutes of September 28, September 29, October 5 and October 11, 2022

e. Community & Economic Development Committee Meeting Minutes of October 20, 2022

f. Administrators Report

g. Building & Grounds Report

h. Community Development Department Report

i. Harvard Diggins Library Directors Report

j. Parks & Recreation Report

k. Police Department Report

l. Public Works Department Report

m. Utilities Department Report

n. Annual Treasurer’s Report FY Ending April 30, 2022

Alderman Gorman requested that Item 7i, Library Report, be removed from the Consent Agenda.

Mayor Kelly noted that the City Attorney pointed out that items d & e had already been approved and could also be removed from the Consent Agenda.

A motion was made by Alderman Schulz, seconded by Alderman Meza to approve the Consent Agenda, items 7a-c, f-h, j-n, as presented. Alderwoman Haderlein commented that Items d & e were only approved by the Committee and should remain on the Consent Agenda for full City Council approval. Mayor Kelly removed the motion from the floor. A motion was then made by Alderman Schulz, seconded by Alderman Carncross to approve the Consent Agane a-h, j-n. Roll call vote: Lavallee, aye; Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye; Luna, aye; Haderlein, aye and Schulz, aye. Motion approved eight to zero.

INDIVIDUAL ACTION CONSENT AGENDA ITEM

Harvard Diggins Library Directors Report

Alderman Gorman asked Alderwoman Haderlein for any update regarding the following bullet point in the Library Report:

• The proposed MOU between the City of Harvard and the Library was shared with an attorney at Ancel Glink who specializes in library law. Several changes were recommended. In discussing the recommendations with Ancel Glink, it was suggested that a record search on the deed be done to verify ownership of the library property and building. The attorney will conduct the deed search and follow up with their findings. The recommended changes to the MOU will be reviewed by the City Library Board at the October meeting.

Alderwoman Haderlein related that the City Library Board met last Thursday and approved having Ancel Glink conduct a records search on the actual deed. There was a point when the City gave the property to the library (Diggins Board) and then it was given back. The Library Board thought it was important, before they recommend revisions to the MOU, that they know for sure how the ownership of that property is defined. If the property is in fact clearly owned by the City, there are items in the MOU that need to be changed, i.e., even though the City processes the payroll for the Library Board, the library staff are not City employees as well as some legal language. City Administrator Nelson stated that the property was deeded back to the City.

Also, as he recalled, the language in the MOU was verbatim from the Library Board; Alderwoman Haderlein said the language came from Karen’s summary. The MOU will be on the next Library Board Agenda which meets on the 3rd Thursday of the month in the library conference room.

A motion was made by Alderman Schulz, seconded by Alderman Carncross to approve the Library Report as presented. Roll call vote: Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye and Lavallee, aye. Motion approved eight to zero.

PAYMENT OF BILLS

A motion was made by Alderwoman Haderlein, seconded by Alderman Meza to approve payment of the bills as presented in the amount of $1,200,326.63. Alderman Gorman inquired about the number of checks that were issued to replace missing checks. Finance Director Bejot explained that a whole batch of checks were mailed out on September 16th that haven’t reached their destination. Some have been delivered, others have been returned to the City as undeliverable although the addresses are correct and some we don’t know where they’re at or what happened to them. There may be a few more on the next report as the issue gets sorted out. This is a postal service issue. Administrator Nelson thought that the total amount is probably under $20,000. 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.

PLANNING & ZONING COMMISSION RECOMMENDATION – OCTOBER 18, 2022

BVRW LLC, Harvard Series, 345 S. Division St., Bail Out Lane Variation - Ordinance 2022-127 Approved The petitioner is seeking relief from Section 8.3.F.5, Principal Use Standards, Drive-Through Facility of the Unified Development Ordinance (UDO) to waive the bail out lane requirement for the proposed Dunkin Donuts. Subject property is located at 345 S. Division St., Harvard, IL 60033. 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 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 Alderman Perkins, seconded by Alderman Schulz to approve the Commission’s recommendation as presented. Mayor Kelly opened the floor to comments/questions. Alderman Gorman made reference to the minutes that indicated the bail out lane requirement was not included in the old zoning ordinance and was inadvertently included in the new UDO. Alderman Gorman recommended that when it’s convenient, the Administration Committee consider changing the ordinance to remove that requirement. City Administrator Nelson mentioned that would also require a separate public hearing before the Planning and Zoning Commission for a text amendment. Roll call vote: Meza, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye and Gorman, aye. Ordinance 2022-127 approved eight to zero.

CUSD 50 VARIATION FROM SECTION 27.06 FIREWORKS - MAYOR’S APPROVAL SANCTIONED

A motion was made by Alderman Meza, seconded by Alderman Carncross to sanction the Mayor’s approval of a variation for School District 50 to allow F/X Lasers & Pyrotechnics, Ltd. to conduct a fireworks display at the Harvard High School football field on October 14th. Alderman Perkins commented that this section of the code will be on the next Administration Committee Meeting for discussion. He further related that the Fire Chief is also supposed to sign off per state statute and was not contacted by the school prior to the fireworks display. There is also a state statute requirement to register with the DNR and Office of the State Fire Marshal (OSFM). City Administrator Nelson confirmed that the appropriate Certificate of Insurance was submitted. He further noted that regardless of whether it is an administerial act, there is still a 15-day advance notice requirement per state statute. Roll call vote: Perkins, aye; Luna, aye; Haderlein, aye; Lavallee, aye; Carncross, aye; Gorman, aye and Meza, aye. Motion approved eight to zero.

VIDEO GAMING LICENSE - APPROVED

A motion was made by Alderman Meza, seconded by Alderman Carncross to approve the re-instatement of an Electronic Gaming Devices Certificate for Revolution Golf HD, 75-77 N. Ayer St., pending payment of fees. Roll call vote: Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye; Gorman, aye; Meza, aye and Perkins, aye. Motion approved eight to zero.

AUTHORIZING SALE OF SURPLUS PROPERTY - ORD. 2022-128 APPROVED

A motion was made by Alderman Meza, seconded by Alderwoman Haderlein to approve the proposed ordinance Authorizing the Sale/Disposal of Personal Property Owned by the City. At Alderman Lavallee’s inquiry, it was noted that the items declared as surplus are included as Exhibit A in the ordinance. Roll call vote: Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye and Luna, aye. Ordinance 2022-128 approved eight to zero.

PROPOSED TAX LEVY - ORD. 2022-129 APPROVED

A motion was made by Alderwoman Haderlein, seconded by Alderman Schulz to adopt the proposed Tax Levy Ordinance pursuant to the Administration Committee’s recommendation. Roll call vote: Schulz, aye; Lavallee, aye; Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye; Luna, aye and Haderlein, aye. Ordinance 2022-129 approved eight to zero.

TAX LEVY ABATEMENT – ORD. 2022-130 APPROVED

The abatement is meant for those revenue bonds issued for the water system, police pension liability and TIF District. Pledged revenues are sufficient to pay for the principal and interest. A motion was made by Alderwoman Haderlein, seconded by Alderman Perkins to adopt the proposed ordinance, An Ordinance Abating a Portion of Taxes Levied to Pay Principal of and Interest on Certain General Obligation Refunding Bonds (Alternate Revenue Source), Series 2012A and General Obligation Refunding Bonds (Alternate Revenue Source), Series 2012B, (Harvard Downtown Incremental Taxes and Harvard Industrial Park Incremental Taxes) and General Obligation Refunding Bonds (Alternate Revenue Source), Series 2016A and General Obligation Refunding Bonds (Alternate Revenue Source), Series 2016B and General Obligation Bonds (Alternate Revenue Source), Series 2020A and General Obligation Bonds (Alternate Revenue Source), Series 2020B and Taxable General Obligation Bonds (Alternate Revenue Source), Series 2022A of the City of Harvard. Roll call vote: Lavallee, aye; Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye; Luna, aye; Haderlein, aye and Schulz, aye. Ordinance 2022-130 approved eight to zero.

ADMINISTRATION COMMITTEE RECOMMENDATION - APPROVED

A motion was made by Alderman Carncross, seconded by Alderman Gorman to approve the Administration Committee’s recommendation to authorize staff to draft an ordinance that regulates call-in procedures for public meetings that closely follows the Waukegan City ordinance. Roll call vote: Carncross, aye; Gorman, aye; Meza, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye and Lavallee, aye. Motion approved eight to zero.

COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE RECOMMENDATION - APPROVED

A motion was made by Alderman Schulz, seconded by Alderman Meza to approve the Committee’s recommendation to authorize the staff to foreclose upon the properties located at 307 Grant Street and 607 W. Blackman Street. City Attorney Clifton related that there is the potential in lieu of a foreclosure to go after these properties as abandoned properties which is more streamlined and cost effective. There are certain requirements that need to be met and verified; it appears these properties may meet said requirements. He recommended changing the language of the motion as follows: “to approve the Committee’s recommendation to authorize staff to investigate and take legal action upon the properties located at 307 Grant St. and 607 W. Blackman St. regarding ownership of the same.” Alderman Schulz and Alderman Meza amended their motion and second respectively to amend the language per the City Attorney’s recommendation. 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.

DEPT. HEADS REPORT

Written reports as submitted.

Utilities Supt. Grant updated the City Council on the WWTF project. He did a walk-through of the lab administration building for a punch list; there are a few minor items to be addressed. The City will hopefully take occupancy next week.

Code Enforcement Officer reported that the CDBG Sidewalk Program by the Mary D. Ayer Park has been completed.

Supt. Kruckenberg updated the City Council on the Dewey/Marengo Rd. Water Main Extension; weather permitting, the project should be completed in the next 3-4 weeks.

Supt. Knop updated the City Council on the dog park that was put in at Milky Way Park; fence posts have been put in to secure the temporary fencing.

Chief Bauman updated the City Council on the following:

• In addition to the Commendation Award, Office Kohn has been nominated for the McHenry County Officer of the Year through the McHenry County Chiefs Assoc. as well as the Department of Justice Attorney General’s Award for Distinguished Service in Policing for his actions that day.

• The new recruits, Cesar and Alex, are in week 8 of 14 at the police academy and are doing well.

• Four officers took the Sergeant’s written examination. Interviews are scheduled for November 2 with a promotion to take place in late December.

• Recruit officer testing was held October 22 with 14 candidates who applied. Out of the 11 who met the minimum requirements, 9 candidates passed the written and physical examination. Interviews will be held November 9th & 16th.

• The Police Social Worker (PSW) program is working well; Taylor Keegan is a huge asset to the department and the community.

• A picture has been submitted for the Dept. of Justice Office of Community Oriented Policing Services Photo Contest. 12 departments out of the whole country will be selected to showcase their submitted picture in the COPS newsletters and websites for the year.

COMMITTEE REPORTS

ALDERMAN CARNCROSS

Alderman Carncross requested the Administration Committee add discussion at their upcoming meeting to potentially draft an ordinance that would streamline the process and provide for administerial approval for not-for-profit organizations’ events/licenses.

ALDERMAN SCHULZ

Alderman Schulz related that the FOP is having a fundraiser at J’s Lanes on October 29th.

Alderman Schulz recommended that City Administration have communication with the various sporting groups, youth organizations and the school to initiate conversations at the beginning of each year about special event liquor licenses, fireworks, etc.

ALDERWOMAN HADERLEIN

Alderwoman Haderlein brought up discussion from the last Library Board meeting to put a notice in the upcoming newsletter notifying residents that the Harvard Diggins Library parking lot will be closing to through traffic. Concrete barriers will be installed at the east side of the parking lot. The library will be reaching out to Public Works to assist in positioning the blocks.

ALDERWOMAN LUNA

Alderwoman Luna inquired as to the status of a rec center. Mayor Kelly indicated that would be up to the Park Board to pursue. It may also be in the realm of the Parks Foundation to support. The item is not on the current Parks Master Plan mostly due to the cost.

ALDERMAN GORMAN

Alderman Gorman related that the Transportation Committee will delay their next meeting to discuss the 2023/2024 plans until the new City Administrator is hired, probably sometime in January. He related that 2022/2023 Road Program and Sidewalk Program have already been put in place.

Alderman Gorman mentioned the Pavers Program that rated the City streets and noted that the database can be utilized to put together better facts for the public’s consideration on the upcoming 1% sales tax referendum. Laura Evers and Ron Burlingame have volunteered to work on a Citizens Committee for the marketing side to promote the referendum.

The software that Alderman Gorman has been working on for City projects has been updated. He will send the link to the aldermen.

NO REPORT

City Attorney Clifton, City Administrator Nelson and Aldermen Lavallee, Perkins and Meza had no additional report.

TREASURER’S REPORT

Report as submitted.

CLERK’S REPORT – UPCOMING MEETING DATES

November 1 Planning & Zoning Commission Meeting – 7 pm

November 9 Administration Committee Meeting – 6:30 pm

November 21 Park Board Meeting – 6 pm

November 22 Regular City Council Meeting – 7 pm

MAYOR’S REPORT

Mayor Kelly thanked the City Council for their involvement in the process of choosing a new City Administrator. The City will go public with that person’s name as soon as an executed contract is in place. The expectation is that the new City Administrator will start on December 12th.

Mayor Kelly reported that the Harvard Parks Foundation completed a Strategic Visioning Workshop to put together a strategy and vision moving forward over the next couple of years in support of the Harvard Parks and Rec Dept.

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

Meeting adjourned at 7:49 pm.

https://www.cityofharvard.org/sites/default/files/fileattachments/city_council/meeting/14539/ccminutes2022-10-25.pdf