McHenry Times

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

PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA 

None

COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE MEETING MINUTES - APPROVED 

A motion was made by Alderwoman Luna, seconded by Alderman Carncross to approve the Community & Economic Development Committee Meeting Minutes of July 12, 2023, as presented. Roll call vote: Schulz, aye; Carncross, aye; Lancaster, 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 June 27, 2023

b. Community & Economic Development Committee Meeting Minutes of July 12, 2023 

c. Park Board Meeting Minutes of May 15 and June 12, 2023

d. Planning & Zoning Commission Meeting Minutes of July 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. Resolution Releasing Closed Session Minutes into Open Session Minutes

n. Proclamation National Payroll Week

Alderman Schulz removed 5c Park Board Meeting Minutes of May 15, 2023 from the Consent Agenda.

A motion was made by Alderwoman Haderlein, seconded by Alderman Schulz to approve the balance of the Consent Agenda, Items #5a-n as presented. Roll call vote: Schulz, aye; Lavallee, aye; Carncross, aye; Lancaster, aye; Gorman, aye; Perkins, aye; Luna, aye and Haderlein, aye. Motion approved eight to zero.

INDIVIDUAL ACTION CONSENT AGENDA ITEMS 

Alderman Schulz made a motion, seconded by Alderwoman Lancaster to amend the attendance language of the May 15, 2023, Park Board Meeting, removing “CUSD 50 Board Member Jennifer Garafol” and replacing with “members of the public”. Roll call vote: Lavallee, aye; Carncross, aye; Lancaster, aye; Gorman, aye; Perkins, aye; Luna, aye; Haderlein, aye and Schulz, aye. Motion approved eight to zero.

PAYMENT OF BILLS - APPROVED 

A motion was made by Alderwoman Haderlein, seconded by Alderman Gorman to approve payment of the bills in the amount of $1,057,343.27. Roll call vote: Carncross, aye; Lancaster; aye; Gorman, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye and Lavallee, aye. Motion approved eight to zero.

PLANNING & ZONING COMMISSION RECOMMENDATIONS – JULY 5, 2022 

Chancelight Inc. (Tenant) and Trinity Lutheran Evangelical Church (Property Owner) Conditional Use Alternative Education Program, 505 E. Blackman St. - Ordinance 2023-118 Approved

The Community & Economic Development Committee reviewed and recommends approval of the Planning and Zoning Commission's recommendation to approve the petition submitted by Chancelight, Inc. & Trinity Evangelical Lutheran Church. The petitioners are seeking a conditional use pursuant to Table 8-1 of the Unified Development Ordinance to utilize the second story classrooms of the subject property for an alternative education program for students with emotional and behavioral disabilities and challenges. Subject property is located in Chemung Township and commonly known as 505 E. Blackman St., Harvard, IL 60033.

Mayor Kelly stated that a petition was filed with the City in opposition to the petition.

The petitioners were in attendance and presented the following comments:

• Rachel Black, 1718 W. Superior St., Chicago, IL 60622, was present on behalf of Chancelight Education. 

o At City Administrator Leone’s inquiry, Rachel indicated students will be at the church for the 23/24 school year.

o Alderman Lavallee inquired how this came about to engage the church and if there was already a facility for these kids in the area. Rachel said part of their partnership with the district was seeking space that would house up to 40 students and 11 staff members. There wasn’t any school district property available, so they did a search in the community that would have square footage to meet their needs that could be brought up to the appropriate school based expectations and codes. Chancelight spoke to a variety of people in the community and looked at various spaces. They were approached by Trinity Lutheran who expressed interest, followed by several discussions with the church council who voted they were open to enter into a lease. When their partnership with the district is finalized, Chancelight expects to enter into a lease with Trinity Lutheran. The students would match CUSD 50’s school calendar.

o Supt. Dr. Tafoya, 1900 Black Oak Ct., Harvard, indicated that students are currently sent to outsource locations all across northern Illinois, sometimes their time on the bus is greater than the time they are learning. The cap for students (6th-12th grade) is 40; at this point they are all Harvard students. If they asked other districts to join in, it would only be on the agreement of all parties.

o Rachel related examples of learning disabilities that the program would cater to, typically students with emotional disabilities that has made a larger school environment difficult. Chancelight offers therapeutic services as part of their program in a much smaller setting, with a smaller student to teacher ratio. Chancelight also assists students who may have fallen behind by several credits due to a disruption to their learning.

o Alderwoman Haderlein inquired as to term of the lease with the church. Rachel indicated the intention is to have the lease be 5 years or for as long as the agreement between Chancelight Education and CUSD 50 is active. Dr. Tafoya confirmed CUSD 50’s intent is to move towards a 5 year agreement. Currently there is not a time limit for the conditional use.

o Alderwoman Luna asked if Chancelight has locations similar to what they are proposing in Harvard that have been successful with no challenges from the community. Rachel related Chancelight has great relationships in neighborhoods across the country and a high level of satisfaction.

o At Alderman Carncross’s inquiry about the School Resource Officer, Dr. Tafoya indicated that the program would be treated as a district site and would have that resource available.

o Alderman Schulz inquired what other sites were considered, i.e. former St. Josephs School. Dr. Tafoya noted that upgrades to St. Joseph’s would be cost prohibitive. If approved, water suppression needs to be updated at the site. Chancelight toured a lot of local facilities and was approached by Trinity who identified with what the school was doing and felt a calling to participate.

o City Administrator Leone summarized the petition for a conditional use.

o Alderman Perkins confirmed that the fire suppression system at Trinity would need to be updated.

Mayor Kelly opened the floor to additional questions/comments/objectors. The following individuals addressed the City Council in objection to the petition for a conditional use:

• Linda Morton, 607 Garfield St., Harvard, objected to the use of the Trinity Lutheran classrooms and believed Chancelight should find a more suitable location in Harvard that is more set back from the residences. Children walk to and from school using Garfield and Grant St. which is on either side of Trinity. The student population Chancelight will be servicing have behavioral and emotional challenges and may be comprised of students who have been expelled or in the juvenile justice system. This can create a high risk environment which could have a negative impact on the area. She requested further clarification as to the types of students they will service.

• Janet Hugg, 606 Grant St., Harvard, indicated she is in full support of this sort of program and would welcome it to Harvard as a great opportunity for our schools to deal with students that need extra attention. Her concern is the location in a residential neighborhood.

• City Administrator Leone noted that the petition in opposition had 27 signatures. City staff mailed out Notices of Hearing to 42 property owners to ensure the City was in compliance. The Planning and Zoning Commission unanimously recommended approval of the conditional use permit.

Additional Questions

• Alderman Schulz requested clarification on what type of students would be taught in the facility. Dr. Tafoya commented that an important word in the school district and community is inclusivity in the schools (inclusion). Emotional and intellectual disabilities are not contagious. These children in a residential area will make them feel like normal children and not shipped out to a shopping mall or an undisclosed offsite location because the community isn’t safe with their presence. The community is safe and we need to reintegrate them into our community; that is the purpose of the school. They will be at the school for reasons like autism, expulsion and many things that affect the learning situation of a kid and to exclude them says a lot about our community. The school is trying to do everything they can to make the students productive members of the community.

• Alderman Perkins requested further clarification for the constituents as to the types of behavioral students. Rachel said the categories of an emotional or behavioral disability are really wide. It could look like a student not coming to school or a student who tells their teacher, I don’t want to do this. With the low student to teacher ratio and high intensity therapeutic and behavior supports that Chancelight provides, they are able to help students with their goals to reduce behavior incidents or increase their emotional capacity to be able to respond appropriately and connect with others. These are students where the traditional school setting hasn’t worked despite the supports that are there and they need the next level of support. The goal is that the students are able to find success in the IEP goals they have around emotion and behavior all while they are getting high quality academics. Chancelight provides safety and security processes in all their programs across the country.

• Students will be bused to location.

• The goal is to help students be successful in a traditional setting whenever possible. 

• Alderman Gorman commented there is a third party involved in this and that’s the church. He didn’t think the church would pursue something that would be harmful to the community.

Alderman Gorman made a motion to approve the conditional use. Alderman Schulz seconded the motion but would like to amend the motion to be that it is a 5 year conditional use, to be reevaluated at that time. City Administrator Leone noted a point of order, after which Alderman Gorman and Alderman Schulz withdrew their motion and second respectively. A motion was then made by Alderman Gorman, seconded by Alderman Schulz to approve the Planning and Zoning Commission’s recommendation and ordinance granting a conditional use permit to the petitioners to utilize the second story classrooms of the subject property for an alternative education program with a five-year sunset provision. At Alderman Lavallee’s inquiry, Mayor Kelly recommended the petitioners resubmit their permit application well in advance of the five years. Alderman Lavallee commented he would like to see yearly updates on how the program is going. Roll call vote: Lancaster, aye; Gorman, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye and Carncross, aye. Ordinance 2023-118 approved eight to zero.

Richard Karolczak, Rezone Property Airport Rd. - Ordinance 2023-119 Approved

The Community & Economic Development Committee reviewed and recommends approval of Planning and Zoning Commission's recommendation to approve the petition submitted by Richard Karolczak. The petitioner is seeking a zoning map amendment to rezone property located on Airport Road between Division

St. and Marengo Rd. from R-1, Large Lot Residential District to B-2, General Business District. Subject property is a vacant lot located in Dunham Township.

A motion was made by Alderman Schulz, seconded by Alderman Perkins to approve the Planning and Zoning Commission’s recommendation and proposed ordinance to rezone the subject property B-2, General Business District. Mayor Kelly opened the floor to questions/comments. There were none. Roll call vote: Gorman, aye; Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye and Lancaster, aye. Ordinance 2023-119 approved eight to zero.

City of Harvard Text Amendments to the Unified Development Ordinance - Ordinance 2023-120 Approved The Community & Economic Development Committee reviewed and recommends approval of the Planning and Zoning Commission's recommendation to approve the petition submitted by the City of Harvard seeking various text amendments to the UDO:

1. Section 12.9.D.i of the Unified Development Ordinance (UDO) relating to Homeowner Associations’ responsibilities and requirements for maintaining common areas;

2. Sections 2.3, Definition of General Terms, and 8.2, Use Matrix, of the UDO to include cannabis related business;

3. Sections 2.3, Definition of General Terms, and 8.2, Use Matrix, of the UDO to include firearms and ammunition sales, indoor and outdoor gun range and gunsmith.

A motion was made by Alderman Perkins, seconded by Alderman Carncross to approve the Planning and Zoning Commission’s recommendation and proposed ordinance amending various sections of the UDO as presented. Mayor Kelly opened the floor to questions/comments. Alderman Carncross clarified that all of the proposed uses are conditional which allows them to be reviewed on a case by case basis. Roll call vote: Perkins, aye; Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye; Lancaster, aye and Gorman, aye. Ordinance 2023-120 approved eight to zero.

PETITION FOR VARIATION 

Sarah and Robert Thompson, 319 Marengo Rd., Variation from Section 12.01.A, Animals at Large, Prohibited - Denied The petitioners were in attendance and reviewed their petition requesting relief from Section 12.01.A, Animals at Large, Prohibited, to allow chickens in their back yard at 319 Marengo Rd. Mayor Kelly opened the floor to comments/objections.

• At Alderwoman Haderlein’s inquiry, the petitioner noted their property is 3+ acres. 

• Alderman Lavallee commented that he would be open to changing the ordinance for properties of an acre or so. Mayor Kelly noted there is currently no ordinance that permits the use. There are also no regulations or requirements for a chicken coop. Regulations were proposed when the UDO was created in 2018, but ultimately, they were not included in the final UDO.

• Alderman Gorman related that a variation is usually for some type of hardship and further noted there are not any City regulations to enforce. If the City Council is interested in entertaining the request, he recommended that it go back to Committee to see if there is interest within the committee to bring it to the City Council for an ordinance change. If a variance is approved, that would open the door to never ending variance requests before the City Council for chickens.

• Aldermen Carncross and Perkins concurred with Alderman Gorman that this would set a precedent if the variation were approved. Alderman Carncross commented that in discussing this with individuals from other communities that allow chickens, concerns have been expressed with pest control issues that become more prominent.

Alderman Gorman made a motion, seconded by Alderman Perkins to deny the variance requested for backyard chickens. Roll call vote: Luna, aye; Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye; Lancaster, aye; Gorman, aye and Perkins, aye. Motion to deny the petition was approved eight to zero.

FEE WAIVER REQUEST – REMOVED FROM AGENDA 

Mayor Kelly related that the petitioner, CUSD 50, Parent Community Liaison (PCL), withdrew their request for a fee waiver from the agenda.

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HARVARD AND CUSD 50 FOR A SCHOOL RESOURCE OFFICER - APPROVED 

The proposed Memorandum of Understanding (MOU) between the City of Harvard and the Board of Education of Harvard Community Unit School District 50 provides for a School Resource Officer (SRO). A motion was made by Alderman Schulz, seconded by Alderman Perkins to authorize the Mayor’s execution of the MOU. Roll call vote: Haderlein, aye; Schulz, aye; Lavallee, aye; Carncross, aye; Lancaster, aye; Gorman, aye; Perkins, aye and Luna, aye. Motion approved eight to zero.

RESOLUTION AWARDING CONTRACT FOR THE 2023 MFT ROAD PROGRAM - APPROVED 

The bid opening for the MFT Road Program was held on July 21, 2023. A motion was made by Alderman Carncross, seconded by Alderman Perkins to adopt a resolution awarding the contract for the 2023 MFT Road Program to the lowest responsible bidder and to authorize execution of all contract documents. There was discussion on the differing unit costs for crack routing. It was noted that once the bid is accepted by the City Council, the contractor would be held to the amount bid in the contract. Public Works Supt. Lamz indicated that barring any significant discovery, the low bid appears to be Curran Contracting Co., in the amount of $250,265.71. Roll call vote: Schulz, aye; Lavallee, aye; Carncross, aye; Lancaster; Gorman, aye; Perkins, aye; Luna, aye and Haderlein, aye. Resolution approved eight to zero.

PROPOSED ORDINANCE AMENDING SECTION 15.07, PARKING PROHIBITIONS ORD. 2023-121 APPROVED 

A motion was made by Alderman Carncross, seconded by Alderman Schulz to approve the Administration Committee’s recommendation to adopt an ordinance Amending Section 15.07.B, Regarding No Parking on Front St. City Administrator Leone related that signage designating a drop off/loading zone will be posted but the verbiage is not included in the ordinance. Roll call vote: Lavallee, aye; Carncross, aye; Lancaster, aye; Gorman, aye; Perkins, aye; Luna, aye; Haderlein, aye and Schulz, aye. Ordinance 2023-121 approved eight to zero.

DEPT. HEADS REPORT 

Written reports as submitted.

Community Development Director Day

• The Ford Dealership is looking to build a 52,000 sq. ft. addition.

• Greenway Storage – Anne did an inspection on their electric meter. Tomasz has also officially closed on 18 additional lots in Turtle Crossing to build 38 town homes that will be rental units. He would like to build 4 this year to work out the kinks before he builds the rest.

• Fox Tail Properties closed on an additional 10 lots in Turtle Crossing and is seeking another agreement with the City for reduced fees.

• A small builder is working to submit plans for two additional lots in Turtle Crossing. • Design Coach purchased 63-65 N. Ayer St.; they are working with their architect on final design for the building. The City will be meeting with their general manager in a couple weeks to discuss possible incentives for the enterprise zone and the revolving loan fund.

• Dunkin Donuts – Ann completed the foundation inspection and it was backfilled today.

Utilities Supt. Grant

• The plant is fully operational and doing exactly what it is designed to do. The lab is seeing historical low parameters. Site work to be completed over the next couple of weeks. Once completed, he will schedule a walk through for the City Council.

• Well #9 update: parts are on order and should be shipped out the end of the month. 

• City Administrator Leone reported that the project is currently .3% under budget.

Code Enforcement Officer Nutley

Starbucks resubmitted plans for a stand-alone building that will not include a Popeyes.

Public Works Supt. Lamz

• Staff is doing maintenance on gravel patches, sink holes, etc.

• A hole opened up in the road surface of Oak Grove Rd. The culvert was in very poor condition and will be replaced, weather permitting, on Wednesday or Thursday. The road will be shut down entirely for hopefully no longer than 8 hours. All local emergency agencies will be notified.

Supt. Parks & Rec Knop 

• There are 3 weeks left of the pool season as kids are returning to school. He is working on a game plan while the pool is still operational to fix some of the piping issues in the pool house. 

• The dog park at Milky Way Park is coming along; everything has been ordered. 

• Picnic tables for Northfield Park have been ordered and delivered.

Police Chief Bauman

• The Harvard Police Dept. was nominated and selected for the Freedom Award for the department’s support to our National Guard Reservists who work for the City.

• Officer Vialpando has 5 weeks of training left with graduation in late August. 

• Chief Bauman invited everyone to attend National Night Out on August 1st at the Moose.

TREASURER’S REPORT 

Report as submitted.

COMMITTEE REPORTS 

ALDERMAN CARNCROSS 

Alderman Carncross encouraged everyone to attend National Night Out which is a great event.

ALDERWOMAN HADERLEIN 

Alderwoman Haderlein called an Administration Committee Meeting for Wednesday, August 9, 2023 at 6:30 pm. There are various items on the agenda. She would also like the Committee to discuss a policy or ordinance to establish guidelines/regulations regarding future Non-Disclosure Agreements (NDA’s) for elected officials and City Staff. Alderman Gorman related that the Community and Economic Development Committee also discussed this at length. There are various state laws covering NDA’s with the topic currently under discussion with the State legislature. There are NDA’s for both product and process. After further discussion, Mayor Kelly recommended having the City Attorney attend the committee meeting to provide legal counsel.

ALDERWOMAN LUNA 

Alderwoman Luna noted her excitement with everything that is going on in town and there’s a lot of good things happening that she is excited to be a part of the community and council.

ALDERMAN GORMAN 

Alderman Gorman didn’t think he needed to call a Transportation Committee Meeting in August. There is one item on the table regarding a crossing on Diggins St. to be discussed when the next meeting is called. As a reminder, he had asked that City Staff or Gary prepare some kind of report on the possibilities as to what can or can’t be done.

ALDERMAN CARNCROSS 

Alderman Carncross called a Community & Economic Development Committee Meeting for Wednesday, August 16, 2023, at 6:30 pm.

NO REPORT 

Aldermen Lavallee, Schulz, Lancaster and Perkins and City Attorney Quance had no additional report.

ADMINISTRATOR’S REPORT 

Administrator Leone related that staff continues to work hard for the community and he appreciates their efforts.

CLERK’S REPORT – UPCOMING MEETING DATES 

August 1 Planning & Zoning Commission Meeting, POST TO CANCEL

August 9 Administration Committee Meeting, 6:30 pm

August 16 Community & Economic Development Committee Meeting, 6:30 pm 

August 20 Park Board Meeting, 6 pm

August 22 City Council Meeting, 7 pm

MAYOR’S REPORT 

• Mayor Kelly recommended dispensing with the next Committee of the Whole Meeting until after the Strategic Vision Workshop which is scheduled for October. He concurred with Alderwoman Haderlein’s suggestion that the City’s Comprehensive Land Use Plan needs to be revisited. The Mayor has asked City Staff to get something on the calendar for FY24/25 and recommended that the City Council revisit the Comp Plan prior to the workshop so it is fresh in their mind for discussion.

• At Mayor Kelly’s inquiry, Public Works Supt. Lamz reported that the Ayer St. Streetscape project from Park to Washington St. was delayed as the contractor had a conflict. The project will start next week to be completed by the end of August or early September.

• At Mayor Kelly’s inquiry, Police Chief Bauman reported that the Police Academy will roll out in September.

• The Mayor is looking for individuals to serve on the Planning & Zoning Commission, Police Pension Board, Park Board and Tree Board. Interested residents should contact the Mayor. 

• Alderwoman Haderlein inquired about the sidewalk program. Alderman Gorman and Supt. Lamz gave an update on the project which is on W. Division St. from 5-points north 2 blocks. Gary is working on design issues with IDOT which has added a lot of work and engineering costs to the project. Gary is waiving a lot of the fees for the additional work. Mayor Kelly noted the cost of engineering is easily approaching the cost of construction which is being driven by IDOT requirements. He recommended that in the future, the City Council not do any sidewalks with City money in the IDOT right-of-way because it becomes cost prohibitive.

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

Meeting adjourned at 8:20 pm.

https://www.cityofharvard.org/sites/default/files/fileattachments/city_council/meeting/14695/ccminutes2023-07-25.pdf