McHenry Times

City of Harvard City Council met May 23

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, Lancaster, Perkins and Luna. Also present: City Administrator Leone, Treasurer/Finance Director Bejot, Chief Bauman, Code Enforcement Officer Nutley, Community Development Director Day, Supt. Parks & Rec Knop, Supt. Public Works Lamz, Supt. Utilities Grant, City Attorney Clifton and members of the audience.

PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA 

None

ADMINISTRATION COMMITTEE MEETING MINUTES - APPROVED 

A motion was made by Alderman Gorman, seconded by Alderwoman Haderlein to approve the Administration Committee Regular and Closed Session Meeting Minutes of May 9, 2023, as presented. Roll call vote: Haderlein, aye; Carncross, aye; Gorman, aye and Perkins, aye. Motion approved four to zero.

TRANSPORTATION COMMITTEE MEETING MINUTES - APPROVED 

A motion was made by Alderwoman Haderlein, seconded by Alderman Perkins to approve the Transportation Committee Meeting Minutes of May 11, 2023, as presented. Roll call vote: Lavallee, aye; Gorman, aye; Perkins, aye and Haderlein, 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 and Year End City Council Meeting Minutes of April 25, 2023

b. Administration Committee Meeting Minutes of May 9, 2023

c. Park Board Meeting Minutes of April 17, 2023

d. Transportation Committee Meeting Minutes of May 11, 2023

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. MFT Resolution for Public Works Annual Maintenance in the amount of $150,000 

n. Reappoint Scott Logan and Jose Saucedo to the Park Board for a one-year term 

o. Reappoint Jo Carbonetti, Pattie Lindgren and Alderwoman Luna to the “Spirit of 76” Scholarship Board for a one-year term

p. Reappoint John Hollingsworth to the City Police Commission for a two-year term

A motion was made by Alderman Schulz, seconded by Alderman Perkins to approve the Consent Agenda, Items #12a-p as presented. Roll call vote: Lavallee, aye; Carncross, aye; Gorman, aye; Lancaster, aye; Perkins, aye; Luna, aye; Haderlein, aye and Schulz, aye. Motion approved eight to zero.

INDIVIDUAL ACTION CONSENT AGENDA ITEMS 

None

PAYMENT OF BILLS - APPROVED 

A motion was made by Alderman Carncross, seconded by Alderwoman Haderlein to approve payment of the bills in the amount of $562,021.68. Roll call vote: Gorman, aye; Lancaster, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye and Carncross, aye. Motion approved eight to zero.

APPOINTMENT/OATH OF OFFICE PAUL HERELEY/PLANNING ZONING COMMISSION - APPROVED 

A motion was made by Alderman Schulz, seconded by Alderman Perkins to approve Mayor Kelly’s recommendation to appoint Paul Hereley to the Planning and Zoning Commission to fill a vacancy created by Jim Hutchinson’s resignation with a term to expire April 30, 2026. Roll call vote: Lancaster, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye and Gorman, aye. Motion approved eight to zero. Paul Hereley was then sworn in by City Clerk Moller.

LUISA BERNAL, D’LICIA’S MOBILE FOOD TRUCK – APPROVED 

Luisa Bernal is requesting permission to operate a Mobile Food Truck at Milky Way Park during the Men’s Adult Soccer League Games on Sundays. The Outdoor Market License Application has been submitted and fees have been paid. A motion was made by Alderman Schulz, seconded by Alderwoman Luna to approve the request. Roll call vote: Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye; Gorman, aye and Lancaster, aye. Motion approved eight to zero.

UDO SECTION 8-1 USE MATRIX – REFERRED TO ADMINISTRATION COMMITTEE 

Mayor Kelly related that a review of City Council Minutes and approved ordinances show that the City Council approved definitions for “School-Trade or Vocational, Dormitory” and “Parking Designated Area Multi-Tenant” but the Use Matrix was not amended to identify each use in the T-C District.

Alderman Gorman made a motion, seconded by Alderwoman Haderlein to amend Section 8.2 Use Matrix of the UDO that “Parking Designated Area Multi-Tenant” be a permitted use in the T-C District and “School Trade or Vocational, Dormitory” be a conditional use in the T-C District.

Mayor Kelly opened the floor to comments:

• Attorney Bernard Papp, 18 N. Ayer St., Harvard, IL, 60033 (office) was in attendance representing the petitioner, CAI Manufacturing. He addressed the City Council regarding prior proceedings. He also noted the main purpose of the zoning proceeding was to allow the use of dormitory facilities in the office portion of that building. It’s a logistics academy; the petitioner needs to have overnight accommodations. The only issue was there was no definition for it. There was no question at any time during the entire proceedings that it would be a conditional use. Attorney Papp thought that parking was passed as a conditional use with the only remaining issue being the vocational school with dormitory facilities. That’s the use that his client and their tenants are going to be making. They are in the process of trying to obtain financing and finalizing things with the tenants who are now raising questions of this in particular. Making dormitory facilities a conditional use would require the petitioners to come back and start the process all over again. His client didn’t have an issue with other uses, i.e. solar and warehousing, being conditional. Attorney Papp sincerely asked the City Council to make the vocational school/dormitory a permitted use with the definition as prepared by the City.

• Mayor Kelly read excerpts from the November 22, 2022, and December 13, 2022, City Council Meeting Minutes relating to the proceedings. Additional discussion ensued:

o Alderwoman Haderlein pointed out this is the first time she has heard of this being a logistics campus as this term was not brought up at either the Zoning or City Council Meeting.

o Alderman Gorman commented, that in his opinion, the City Council is doing their job in protecting the City because no one wants to tell them specifically what’s going on. He felt the petitioner, who is a completely unknown client, should come with a plan and go through proper procedures.

o Alderwoman Haderlein noted the zoning change would apply to all 300+ acres of the property. It’s not specific to one part of the property, one section of the building or even the building in general. She indicated she couldn’t support either of the uses as permitted.

o Attorney Papp responded that a Trade, Vocational School was a permitted use in the T-C District prior to the request. The only thing added was the dormitory.

o Alderman Perkins noted history of previous owners who made promises with nothing forthcoming. 

o Mayor Kelly said the City Council could table the matter and send it back to committee for review. 

o Alderman Carncross inquired if Attorney Papp’s client was concerned about the use being conditional and if their tenant had elaborated as to why they thought they might not be approved. He noted the City Council just wanted to make sure everything is done in good faith and said he would be in favor of meeting with the clients to better understand what they’re doing with the facility.

o Attorney Papp noted the Council’s points were well taken and he understands there really has been a lack of specifics about what would be done in what particular location. He knew his client would be fine if the matter were sent back to committee. His clients could come to the meeting and get more specific with everyone maintaining things in confidence. Alderwoman Haderlein clarified the meeting would be a public meeting and on the record. Attorney Papp indicated they would not be identifying the name of the tenant but more for purposes of showing what portions of the property would be used for what purposes and to give specifics as to the actual use of the dormitory.

o Alderman Schulz commented that realistically, whether it’s a conditional or permitted use, once it’s converted to dormitories, that is what it’s going to be going forward. If the tenant was to change, the next person coming is not going to tear it out; they’re going to use it as dormitories.

Alderman Gorman and Alderwoman Haderlein amended their motion and second respectively to refer the matter back to the Administration Committee for further review. Roll call vote: Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, no; Carncross, aye; Gorman, aye; Lancaster, aye and Perkins, aye. Motion approved seven to one.

TEAMSTERS LABOR AGREEMENT MAY 1, 2023 THRU APRIL 30, 2026 - APPROVED 

A motion was made by Alderman Carncross, seconded by Alderman Perkins to approve the proposed changes for ratification to the agreement between the Teamsters and the City of Harvard beginning May 1, 2023, and expiring April 30, 2026, and to authorize the Mayor to execute said contract. Roll call vote: Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye; Gorman, aye; Lancaster, aye; Perkins, aye and Luna, aye. Motion approved eight to zero.

ALDERMANIC COMMITTEE APPOINTMENTS – APPROVED 

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

RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO A CONTRACT FOR  THE PURCHASE OF ELECTRICITY FROM THE LOWEST COST ELECTRICITY PROVIDER FOR THE PURPOSES OF STREET LIGHTING THROUGH THE NORTHERN ILLINOIS MUNICIPAL ELECTRIC COLLABORATIVE (NIMEC) FOR A PERIOD UP TO 36 MONTHS – APPROVED 

The proposed resolution is for the City’s street light accounts and authorizes the execution of all necessary contract documents. A motion was made by Alderman Schulz, seconded by Alderman Perkins to approve the proposed resolution and authorize the execution of all contract documents. Roll call vote: Lavallee, aye; Carncross, aye; Gorman, aye; Lancaster, aye; Perkins, aye; Luna, aye, aye; Haderlein, aye and Schulz, aye. Motion approved eight to zero.

PROPOSED ORDINANCE IMPLEMENTING THE NON-HOME RULE MUNICIPAL RETAILERS’ OCCUPATION TAX AND NON-HOME RULE MUNICIPAL SERVICE OCCUPATION TAX ORD. 2023-112 APPROVED 

Mayor Kelly clarified that the previous ordinance that was approved did not include the word “imposes” and it was subsequently kicked back by the state. A motion was made by Alderman Carncross, seconded by Alderwoman Haderlein to adopt the proposed ordinance which imposes the 1% Sales Tax, as presented. Roll call vote: Carncross, aye; Gorman, aye; Lancaster, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye and Lavallee, aye. Ordinance 2023-112 approved eight to zero. The sales tax will go into effect January, 2024, and the City will see the first distribution in March.

ADMINISTRATION COMMITTEE RECOMMENDATION – PROPOSED AMENDMENT REGARDING  REQUIRED CONNECTIONS TO SEWER/WATER MAINS - ORD. 2023-113 APPROVED 

A motion was made by Alderwoman Haderlein, seconded by Alderman Carncross to approve the Committee’s recommendation to accept the proposed language and an ordinance amending Section 13A.02.C Use of Sewers Required and Section 13B.03.A, Use of Water Facilities Required, with grandfather language added to the ordinance. Roll call vote: Gorman, aye; Lancaster, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye and Carncross; aye. Ordinance 2023-113 approved eight to zero.

ADMINISTRATION COMMITTEE RECOMMENDATION – UDO AMENDMENT  

A motion was made by Alderman Perkins, seconded by Alderman Carncross to approve the Committee’s recommendation to accept the proposed changes to the UDO reference Homeowners Association Common Areas to forward to the Planning and Zoning Commission for a text amendment to the UDO. Roll call vote: Lancaster, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross; aye and Gorman, aye. Motion approved eight to zero.

PARK BOARD RECOMMENDATION REGARDING PARK FEES – ORD 2023-114 APPROVED 

A motion was made by Alderman Schulz, seconded by Alderwoman Luna to approve the Committee’s recommendation and an ordinance amending Section 6.13.H.5, Fee Requirements, to reinstitute park fees for local not-for-profit organizations. City Administrator Leone noted that one of suggested changes was to add a clause making the fee waiver for eligible groups good for up to three years and requested that the City Council consider amending the motion. Alderman Schulz and Alderwoman Luna amended their motion and second respectively to include the suggested language. Roll call vote: Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross; aye; Gorman, aye and Lancaster, aye. Ordinance 2023-114 approved eight to zero.

DEPT. HEADS REPORT 

Written reports as submitted.

Mayor Kelly welcomed Community Development Director Day to the City Council. Donovan said he was honored to work with everyone and was glad he made the choice.

• Donovan and Anne revised the Building Permit Application which went online today. The new application went from 3 pages to 1 and is more user friendly.

• The department has also created new Stop Work Orders which will be printed in house. 

• Obtained administrator access to Location One Information System (LOIS) which is free for government users. This is a site data base where you can add vacant and available sites throughout the community. This is used by site selectors across the globe to search for properties that are for sale or for lease. It will take a while to add properties as it takes about 40 minutes to add a property. 

• Alderman Schulz inquired if Donovan had contacted the owner of the new storage facility about putting in a fence around the drainage ditch along Northfield Ave. Donovan related that he met with Tomasz and they pulled out the plans; along that sidewalk is not identified to have a fence. Alderman Schulz noted that when discussed at the zoning meeting, the impression was there would be a fence. The concerns of the residents living there is that kids walk to school that way, so if that were to fill up with water, it could be a concern. Donovan stated he met on site with Tomasz who related that he went back and forth with the City’s Engineer and to install a fence over the creek, it would need to be built so high off the ground to avoid flood waters that would impact the flow. It does run constantly and is flowing all the time. It was agreed upon with the City engineers to move the fence back so you wouldn’t have a fence 5’ off the ground.

Utilities Supt. Grant updated the City Council on the WWTF project. The new plant is completely up and running and the lab is looking much better. The second clarifier hasn’t been put on line yet. One digester is running in the ditch with the second one to start soon. The old plant has been decommissioned and is being demolished. Site work will be completed over the next couple of months. They are still about 4 weeks behind schedule.

Mayor Kelly welcomed Public Works Supt. Lamz to the City Council. Rob said he happy that he was provided the opportunity. He is happy to be here and is looking forward to many years here. The crew is among some of the most talented he has seen. The department is about to wrap up pot hole patching, street sweeping and is getting ready for Milk Days.

Code Enforcement Officer Nutley reported she has been busy with grass.

Supt. Knop reported the pool is filled and all the pumps are up and running. Three of the acid feed pumps were replaced today. The small transfer motor is in and operational. The recirculation motor which was budgeted for has about a 16-week lead time as there were none available in the country. Lifeguards get into the water once school is out on Tuesday, May 30th. Opening day is Monday, June 5th.

Police Chief Bauman reported that Officer Vialpando has completed his second week of training and is doing very well. The squad car that was ordered last February is still lost; however, it has been narrowed down to being at a dealership in Detroit.

COMMITTEE REPORTS 

ALDERMAN SCHULZ 

Alderman Schulz thanked Supt. Knop and commented that the mulch at Lion’s Park Playground looks great and should be good for a couple of years. Supt. Knop reported that the mulch is holding up very well and may be able to be extended longer than that but it will be reevaluated every year.

ALDERWOMAN HADERLEIN 

Alderman Haderlein called an Administration Committee Meeting for Thursday, June 22nd, 2023, at 6:30 pm. Agenda items include Front St. Parking, the Tree USA Ordinance and CAI Manufacturing.

TREASURER’S REPORT 

Report as submitted.

NO REPORT 

City Attorney Clifton and Aldermen Carncross, Alderman Lavallee, Alderwoman Luna, Alderman Perkins, Alderwoman Lancaster and Alderman Gorman had no additional report.

ADMINISTRATOR’S REPORT 

Administrator Leone related that from time to time, once it is brought to the City’s attention, the City gives recognition to various individuals, groups and businesses. There was a student years ago who won a state title that wasn’t brought to the City’s attention for recognition. The student’s father contacted Lou and related that his son didn’t receive City recognition. Of the last 5 recipients given City recognition, 4 were wrestlers and a Jr. football team that won state. This one individual fell right in between two of those recognitions timewise. Lou reached out to the school who was very receptive and will keep the City apprised of any individual or team for academic or athletic recognition. Lou talked to the father of the student involved and nicknamed the policy “The Nick Jimenez Policy”. The student’s father was happy the City was being more proactive.

CLERK’S REPORT – UPCOMING MEETING DATES 

June 6 Planning & Zoning Commission Meeting – POST TO CANCEL

June 12 Park Board Meeting, 6 pm

June 22 Administration Committee Meeting, 6:30 pm

June 27 City Council Meeting, 7 pm

MAYOR’S REPORT 

The City is working with CUSD 50 on the following:

• Intergovernmental Agreement for field and facilities use. The IA has been officially presented to the school in electronic form. Hopefully, it can be completed by the end of the summer. 

• The School Resource Officer Agreement is expiring at the end of the school year. The initial presentation brought from the Administration Committee was not received well. The City has done some negotiation and is hopefully close to coming to an agreement.

• The school is trying to put in new artificial turf for the football field and the soccer field. They are on a very tight timeline to get the project completed this summer. There have been some delays as their engineering had not properly accounted for stormwater retention. The school’s engineer is working very closely with the City engineer to get everything resolved and to meet the criteria in accordance with the stormwater management ordinance that the City adopted from McHenry County. Once all issues are resolved, a permit can be issued so the school can start their work.

An Open Forum was held in the Community Hall on May 18th to discuss the possibility of trying to bring some type of indoor rec center to our community. There was great interaction with residents and people from the community. The Mayor will be working with the Park Board and Parks Dept. to put out another survey that is focused on some type of indoor facility to get more data. He will also be looking for other ways to engage younger people who don’t visit the website or use Facebook.

Mayor Kelly reviewed the upcoming Milk Day Schedule and extended an invitation to the City Council to participate in the Mayor’s Milking Contest on Saturday, June 3rdat 5 pm at the Milk Day grounds.

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

Meeting adjourned at 8:00 pm.

https://www.cityofharvard.org/sites/default/files/fileattachments/city_council/meeting/14693/ccminutes2023-05-23.pdf