REGULAR CITY COUNCIL MEETING MINUTES February 28, 2012 - 7:00 P.M. Mayor Nolan called the City Council meeting to order at 7:00 p.m. and led the pledge to the flag. Clerk Wells called roll. Aldermen present: Leyden, Marzahl, Ulmer, Musgrove, Clarke, Logan, Perkins and Opper. Also present were Treasurer Szczap, Chief Kazy-Garey, Community Development Director, Supt. Parks & Rec Burkart, Supt. Public Works Kruckenberg, Supt. Utilities Grant and members of the audience. Mayor Nolan thanked Karen Sutera, Executive Director of Harvard Diggins Library for hosting the City Council meeting. On behalf of the library staff, Karen welcomed the City Council and noted that February is Love Your Library month. MARINE CORPS “TOYS FOR TOTS” PRESENTATION

On behalf of the Marine Corps. League of McHenry County and the Marine Corps Reserve of the USA , Joe McLachlan presented a plaque of appreciation to the Harvard Christmas Giving Tree for their support of the 2011 Marine Corps. Reserve “Toys for Tots” program. This year’s program assisted 367 families and 872 children were served by the program. CITY COUNCIL MEETING MINUTES OF 01/24/2012 - APPROVED

Moved by Perkins, seconded by Logan to approve the minutes of the Regular City Council Meeting of January 24, 2012, as presented. Aldermen voting aye: Leyden, Marzahl, Ulmer, Musgrove, Logan, Clarke, Perkins and Opper. All ayes. Motion carried. AUDIENCE PARTICIPATION:

Loreen Keller, Associate Dean of Humanities & Social Sciences at McHenry County College, noted that she recently met with Mayor Nolan and City Administrator David Nelson to discuss the possibility for MCC to offer credit course general education classes in Harvard in the fall of 2012. PLANNING & ZONING COMMISSION RECOMMENDATION AND FINDING OF FACTS M & A Investment Group LLC Variation from Section 17.20.100, Uses Permitted in Zoning Districts, 704 W. Brink St., Harvard - Ordinance 2012-106 Approved

Chairman Opper noted the Recommendations/Findings of Fact submitted by Jim Carbonetti, Chairman of the Planning and Zoning Commission which met on February 7, 2012, for a hearing in the petition submitted by M & A Investment Group LLS for property located at 704 West Brink Street, Harvard, Illinois. The petitioner requests a variation from Section 17.20.100, Uses Permitted in Zoning Districts to use B-3 zoned property for residential use. After reviewing the evidence and testimony presented, the Planning and Zoning Commission finds that the proposed request would not be detrimental to the orderly development of the City of Harvard or endanger the public health, safety, morals or general welfare of the community and recommends to the City Council that the petitioner’s variation request be approved as presented to use the existing home which is located in a B3 Zoning District for residential use. Moved by Opper, seconded by to approve the Planning and Zoning Commission’s recommendation and findings of fact as presented and Ordinance 2012-106, granting a variation from the Harvard Zoning Code regarding use of an existing home which is located in a B3 Zoning District for residential use. At Alderman Ulmer’s inquiry, Mayor Nolan responded that there were no objectors at the hearing. Roll call vote: Leyden, aye; Marzahl, aye; Ulmer, aye; Musgrove, aye; Clarke, aye; Logan, aye; Perkins and Opper, aye. Ordinance 2012-106 approved eight to zero. RESIGNATION FROM PLANNING & ZONING COMMISSION – APPROVED

Moved by Opper, seconded by Logan to accept Don Moede’s resignation from the Planning and Zoning Commission with regrets. Aldermen voting aye: Leyden, Marzahl, Ulmer, Musgrove, Logan, Clarke, Perkins and Opper. All ayes. Motion carried.

WISCONSIN BICYCLE RACING REQUEST AT MILKY WAY PARK JUNE 10, 2012 – APPROVED

Carl Wilkins, Wisconsin Bicycle Racing was in attendance to address any questions and at the Mayor’s inquiry noted they have held the time trials in Harvard for the last 12 years. Chief Kazy-Garey stated there have not been any problems in the past. Moved by Perkins, seconded by Marzahl to approve the Wisconsin Bicycling Racing request to conduct time trials at Milky Way Park using the west shelter on Saturday, June 10th, 2012, from 7 a.m. – 1 p.m. with more than 150 participants. Aldermen voting aye: Leyden, Marzahl, Ulmer, Musgrove, Logan, Clarke, Perkins and Opper. All ayes. Motion carried. JOANNE MORRIS ONE DAY LIQUOR LICENSE/MILKY WAY PARK JULY 21, 2012 - APPROVED

The City Council reviewed Joanne Morris' application for a One Day Liquor License for the consumption of alcohol at the Milky Way Park East Shelter on Saturday, July 21st, 2012, from 8 a.m. — 8 p.m. Moved by Perkins, seconded by Marzahl to approve the application as submitted. Alderman Logan noted that the Homeowners Declaration doesn’t specify liquor liability; Clerk Wells noted that staff has been in contact with the insurance agency and will make sure that the proper insurance is submitted. Roll call vote: Marzahl, aye; Ulmer, aye; Musgrove, aye; Clarke, aye; Logan, aye; Perkins, aye; Opper, aye and Leyden, aye. Motion approved eight to zero. RESOLUTIONS HARVARD MILK DAYS 2012 - APPROVED

Moved by Opper, seconded by Logan to approve a resolution Declaring the 71st Harvard Milk Days™, June 1st, 2nd & 3rd, 2012, a Legal Holiday. Aldermen voting aye: Leyden, Marzahl, Ulmer, Musgrove, Clarke, Logan, Perkins and Opper. All ayes. Motion carried. Moved by Logan, seconded by Perkins to approve a resolution to Close Route 173 between Jefferson & Division Street for the Milk Days Parade on June 2nd, 2012. Aldermen voting aye: Leyden, Marzahl, Ulmer, Musgrove, Clarke, Logan, Perkins and Opper. All ayes. Motion carried. CERTIFICATE OF RECOGNITION/EAGLE SCOUT AWARD KEVIN WRIGHT - APPROVED

Moved by Logan, seconded by Opper to approve a Certificate of Recognition for Kevin Wright for his attainment of Eagle Scout. Aldermen voting aye: Leyden, Marzahl, Ulmer, Musgrove, Clarke, Logan, Perkins and Opper. All ayes. Motion carried. IDOT INTERGOVERNMENTAL AGREEMENT MASTER CONTRACT TRAFFIC SIGNALS

Mayor Nolan and Administrator Nelson updated the City Council on their meeting with Senator Althoff and an IDOT representative in Schaumburg last week with respect to the traffic signals at the old Motorola entrance and at Crowley Rd. IDOT will not bag the lights for safety reasons and indicated that the City could remove the lights at our expense. Once removed, the existing lights could not be used in the future should the City wish to have the traffic lights re-installed as they would no longer meet the new light regulations. IDOT further stated that they would take sales tax, gas tax revenue, etc. to satisfy the outstanding balance. The choice is to take the lights down at our expense, pay the monthly fees which amounts to about $6,000 per year, or continue as we have been until IDOT follows through to collect the outstanding balance. There was discussion about the length of the contract which was thought to be two years, but Administrator Nelson noted he didn’t remember a previous contract two years ago. Moved by Opper, seconded by Marzahl to approve the IDOT Intergovernmental Agreement Master Contract for Traffic Signals but to postpone past due payments. Roll call vote: Ulmer, aye; Musgrove, Clarke, aye; Logan, aye; Perkins, aye; Opper, aye; Leyden, aye and Marzahl, aye. Motion approved eight to zero. IDOT RESOLUTION FOR CONSTRUCTION ON A STATE HIGHWAY - APPROVED

Moved by Clarke, seconded by Ulmer to approve the IDOT Resolution for Construction on a State Highway. Aldermen voting aye: Leyden, Marzahl, Ulmer, Musgrove, Clarke, Logan, Perkins and Opper. All ayes. Motion carried. LIBRARY BOARD APPOINTMENT - APPROVED

Moved by Ulmer, seconded by Marzahl to approve Karen Sutera’s recommendation to appoint Joann 2

Seyller to the Library Board. Aldermen voting aye: Leyden, Marzahl, Ulmer, Musgrove, Logan, Perkins and Opper. Alderman Clarke abstained. All ayes. Motion carried. FAMILY MEDICAL LEAVE ACT (FMLA) POLICY – ADOPTED

City Administrator Nelson noted that the proposed FMLA Policy is an update to our current policy which comes from a seminar he attended through our insurance company and has been vetted by the City Attorney. Moved by Logan, seconded by Perkins to adopt the Family Medical Leave Act (FMLA) Policy as submitted. Roll call vote: Musgrove, aye; Clarke, aye; Logan, aye; Perkins, aye; Opper, aye; Leyden, aye; Marzahl, aye and Ulmer, aye. Motion approved eight to zero. FYI: SYNTHETIC DRUG CONTROL UPDATE

Clerk Wells updated the City Council on the status of the Synthetic Drug Control. At the direction of the City Council, an ordinance for synthetic drug control was drafted by the City Attorney, but after a meeting with Chief Kazy-Garey and Administrator Nelson, it was discovered that it would be easier to enforce if it was done as a condition of the tobacco license instead of an ordinance. At the year-end meeting, approval for tobacco licenses will be conditioned on not allowing the sale of synthetic drugs. WATER & SEWER COMMITTEE RECOMMENDATIONS

Chairman Marzahl reviewed the minutes of the Water & Sewer Committee Meeting of February 11, 2012. Water and Sewer Rates

The Committee discussed a proposed 3-year rate increase for water and sewer charges and recommends to the City Council that the proposed rate increase be approved as submitted: 2012 3% increase in the unit charge and a $2.50 increase in the maintenance fee 2013 Cost of living increase in rate charge (assumed to be 2%) and a $2.00 increase in the maintenance fee. 2014 Cost of living increase in the rate charge (assumed to be 2%) and a $2.00 charge in the maintenance fee. Moved by Marzahl, seconded by Logan to approve the Water and Sewer Committee recommendations for the proposed 3-year rate increase for water and sewer charges to be effective May 1 st, 2012. Roll call vote: Clarke, aye; Logan, aye; Perkins, aye; Opper, aye; Leyden, aye; Marzahl, aye; Ulmer, aye and Musgrove, aye. Motion approved eight to zero. Capital Improvements

The Committee discussed the Capital Improvement Plan for water/sewer improvements and the NPDES license fee from the IEPA. No action taken. FINANCE COMMITTEE RECOMMENDATIONS

Chairman Logan noted the minutes of the Finance Committee Meeting of February 11, 2012, at which time the FY2012/2013 Budget was discussed. LETTER OF CREDIT/HARVARD STATE BANK $1,050,000 - APPROVED

Moved by Logan, seconded by Perkins to authorize the Mayor and City Clerk to execute the Line of Credit with Harvard State Bank in the amount of $1,050,000. Roll call vote: Logan, aye; Perkins, aye; Opper, aye; Leyden, aye; Marzahl, aye; Ulmer, aye; Musgrove, aye and Clarke, aye. Motion approved eight to zero. AUTHORIZE MAYOR TO EXECUTE TEAMSTERS CONTRACT - APPROVED

Mayor Nolan and Administrator Nelson updated the City Council on the Teamsters Contract which was accepted by the Teamsters on February 23, 2012. There were some minor changes in work rules which will be manageable. After discussion, the contract will be corrected to reflect that it is a three year contract beginning May 1, 2011 and expiring April 30, 2014. Moved by Opper, seconded by Perkins to authorize the Mayor to execute the Teamsters Contract. Roll call vote: Perkins, aye; Opper, aye; Leyden, aye; Marzahl, aye; Ulmer, aye; Musgrove, aye; Clarke, aye and Logan, aye. Motion approved eight to zero. 3

AUTHORIZING THE ISSUANCE OF INCREMENTAL TAXES/GENERAL SALES TAXES/REVENUE SHARING RECEIPTS ALTERNATE REVENUE SOURCE BONDS OF THE CITY OF HARVARD, FOR THE PURPOSE OF REFINANCING MUNICIPAL FACILITIES – ORD. 2012-107 APPROVED

Administrator Nelson reviewed the proposed ordinance which provides for refinancing the TIF bonds both in the Industrial Park and Downtown TIF Districts. A public hearing will be conducted at the next City Council meeting. Moved by Logan, seconded by Marzahl to approve Ordinance 2012-107, An Ordinance Authorizing the Issuance of Incremental Taxes/General Sales Taxes/Revenue Sharing Receipts Alternate Revenue Source Bonds of the City of Harvard, for the Purpose of Refinancing Municipal Facilities. Roll call vote: Opper, aye; Leyden, aye; Marzahl, aye; Ulmer, aye; Musgrove, aye; Clarke, aye; Logan, aye and Perkins, aye. Ordinance 2012-107 approved eight to zero. PUBLIC ACT 976336 – STATE LAW NOTICE REQUIREMENTS FOR ANNEXATION, SPECIAL USE, VARIATION AND GENERAL ZONING AMENDMENTS – REFERRED TO PLANNING AND ZONING COMMISSION

Administrator Nelson gave an overview of Public Act 976336 which amends the State Law Notice Requirements for Annexation, Special Use, Variation and General Zoning Code Amendments. The new requirements would allow simple legal descriptions via address instead of a legal description. Moved by Logan, seconded by Opper to conduct a public hearing in front of the Planning and Zoning Commission for a text amendment to amend Section 17.52.020-D4, Contents of Notice. Aldermen voting aye: Leyden, Marzahl, Ulmer, Musgrove, Clarke, Logan, Perkins and Opper, aye. CONSENT AGENDA:

   

Sanction Mayor’s Approval of Briggs Family Benefit Raffle, January 28th, 2012 HHS Class of 2013 Raffle Request February 29th – April 13th, 2012 Harvard Boys League Raffle Request March 12th – July 14th, 2012 HHS Baseball Program Raffle Request March 10th, 2012

Moved by Logan, seconded by Perkins to approve the Consent Agenda as presented. Aldermen voting aye: Leyden, Marzahl, Ulmer, Musgrove, Logan, Perkins and Opper. Alderman Clarke abstained. All ayes. Motion carried. COMMITTEE REPORTS ALD. PERKINS – PARKS & REC COMMITTEE MEETING 03/06/12

Alderman Perkins called a Parks & Recreation Committee meeting for Tuesday, March 6th, 2012, at 6:30 p.m. to discuss fees and programs. ALD. LOGAN - BILLS APPROVED

Moved by Logan, seconded by Opper to approve the bills list as presented in the amount of $286,653.80. Roll call vote: Leyden, aye; Marzahl, aye; Ulmer, aye; Musgrove, aye; Clarke, aye; Logan, aye; Perkins, aye and Opper, aye. Motion approved eight to zero. MAYOR’S REPORT

Mayor Nolan reported that staff is looking into certain properties that are completely surrounded by the corporate limits that can be forcibly annexed as well as a general cleanup of properties within city limits that have not been annexed according to the county. Administrator Nelson stated the City Council will be sent additional information under separate cover listing Tax ID #’s with property owner’s name and a map identifying the property to be annexed. ADMINISTRATOR’S REPORT

City Administrator Nelson reported that McHenry County contacted Community Development Director Santeler reference CDBG Grants. The City wrote a grant in 2011 which was denied for the Metzen St. Curb, Gutter and Storm Sewer Project between Howard and Blanchard (700’-800’ of road improvements). The County informed the City they have an extra $240,000 to use towards that project but would like the City spend the funds by June 1st, 2012, or at the least have the project under contract by that date. The City will need to consult with engineers as soon as possible to get the project under 4