McHenry County Blog

Yesterday, McHenry County Blog reported on neighborhood objections to putting a car dealership on Route 14, right behind their homes.

Extreme Ford-Kia is moving from the Vulcan Lakes/Route 14 Tax Increment Financing district and it was pretty obvious that city council members didn’t want to lose this big sales tax generator after somehow convincing it to move out of the TIF district so other, waterfront-oriented development could replace it.

The residential neighbors complained about how tress would be replaced by light polls, how they expected additional water run-off to burden their already wet neighborhood, how a fifty-foot set-back agreed upon by six members of the current city council six years was going to be changed to an 8-foot set-back.

To see how unhappy the neighbors were after the meeting, read the top of this article.

The first question was from Councilman Dave Goss:

”Are you going to meet our stormwater ordinance?”

Sitting in the hot seat, local developer Bo Storm answered, “Absolutely.”

Later Mayor Aaron Shepley asked Director of Engineering and Building Vic Ramirez if approval of Extreme Ford’s zoning request would “make things worse.”

“They have to have final engineering. They have to meet that criteria.’”

Ramirez said there was a combined study for Banzai (Motorsports next door) and Extreme Ford.

“Whatever is required, (it has) to not make it any worse.

“If it needs additional storm water retention or volume control, those (mitigations) would have to be in place.”

“The storm water sounds like a real mess out there,” Councilman Jeff Thorsen said. “I don’t know how we can get our hands around that.”

“I think it is a huge issue re storm water,” Mayor Shepley agreed. “If you’re not doing what is required, they we’ll be looking for you to rectify those problems.”

“If (the car dealership is) lower than the adjoining property, it looks like the water would not be (flowing toward the neighbors).

“We are a 6-acre parcel of several hundred” in the watershed), the petitioner’s engineer pointed out, suggesting that any flooding would be attributable to sources other than his client’s property.

Thorsen pointed out that the Kelly Woods subdivision came after Anderson BMW Mazda Volkswagen, so it was not a similar situation.

He stressed that he had a “really big problem” with reversing the 50-foot buffer that he and five other sitting council members had voted to approve six years ago.

“Now, we’re coming back to the table and taking back what we gave. I really have a problem changing the game. I’m hard put to do that,” Thorsen said.

Councilwoman Ellen Brady Mueller asked Director of Planning and Economic Development Michelle Rentzsch about the proposed 8-foot set-back. She was told that they are “typically 8 feet.”

Former Planning and Zoning Commissioner Brett Hopkins took up where Mueller left off, asking about the 50-foot buffer.

“It was a function of what (was approved),” Rentzsch explained, pointing out it was “less than half the size of this property.”

“It had a detention pond in back,” Hopkins remembered.

Hopkins suggested this was the first time a challenge to this type of use had occurred.

“I’d like to see something more than this (8-foot set-back),” the councilman said.

Cathy Ferguson agreed.

“The buffering is an important thing to the neighbors. I would ask you to work with your neighbors.”

Shepley also asked about landscaping.

Strom replied that they had a landscape plan that calls for a continuous row of evergreens, plus 8-foot high Linden trees.

“Unlike many other car dealerships, we’ll have landscaping in the parking lot.”

Right before the vote, Hopkins asked about “the storm retention spot on the north side.”

“It’s the low spot,” Strom pointed out.

“Is it possible to more it to the (other side)?”

At this point I believe Strom suggested that the dealership could “lose a row of cars and have 33 feet of buffer.”

“That gets them very close to the original (50-feet),” Shepley said.

“I’m expected the lights to shine down on the property,” Goss explained in addition to his storm water question. One resident had said the car dealership would be like having a permanent night-light on.

Ferguson also asked that the “lights in the rear be turned off at night. When they’re on in the night time, I would ask you turn yours down, too.”

“On the lighting,” Shepley suggesting contacting “Power Conversion Products, a good company” that makes directional lighting.

He asked Rentzsch if the lighting were appropriate.

“Yes, it is,” she replied. “It’s completely cut off at the property line.”

There was also considerable discussion on the total size and number of signs, pennants, banners and balloon animals like gorillas. The balloons were taken out and with the square footage of the signs to be somewhere between the amounts of the two neighboring car dealerships.

Mueller made the motion to change to annex the property and change the zoning from urban residential to commerce. It passed 5-1, with Thorsen voting “No.” Councilman Ralph Dawson was absent.

= = = = =
The top picture shows part of the Extreme Ford property, as it looks from Route 31 before cutting down all of the trees.

The snow covered pines are what can be seen from the Chan Baldwin yard. Its edge is three steps from where an eight-foot fence will be constructed.

The head shots, from top to bottom, are Crystal Lake City Councilman Dave Goss, Director of Engineering and Building Vic Ramirez, Councilman Jeff Throsen, Councilwoman Ellen Brady Mueller, Councilman Brett Hopkins, Councilwoman Cathy Ferguson, Mayor Aaron Shepley and Director of Planning and Economic Development Michelle Rentzsch. All photos were taken previously.

Yesterday, McHenry County Blog reported on neighborhood objections to putting a car dealership on Route 14, right behind their homes.

Extreme Ford-Kia is moving from the Vulcan Lakes/Route 14 Tax Increment Financing district and it was pretty obvious that city council members didn’t want to lose this big sales tax generator after somehow convincing it to move out of the TIF district so other, waterfront-oriented development could replace it.

The residential neighbors complained about how tress would be replaced by light polls, how they expected additional water run-off to burden their already wet neighborhood, how a fifty-foot set-back agreed upon by six members of the current city council six years was going to be changed to an 8-foot set-back.

To see how unhappy the neighbors were after the meeting, read the top of this article.

The first question was from Councilman Dave Goss:

”Are you going to meet our stormwater ordinance?”

Sitting in the hot seat, local developer Bo Storm answered, “Absolutely.”

Later Mayor Aaron Shepley asked Director of Engineering and Building Vic Ramirez if approval of Extreme Ford’s zoning request would “make things worse.”

“They have to have final engineering. They have to meet that criteria.’”

Ramirez said there was a combined study for Banzai (Motorsports next door) and Extreme Ford.

“Whatever is required, (it has) to not make it any worse.

“If it needs additional storm water retention or volume control, those (mitigations) would have to be in place.”

“The storm water sounds like a real mess out there,” Councilman Jeff Thorsen said. “I don’t know how we can get our hands around that.”

“I think it is a huge issue re storm water,” Mayor Shepley agreed. “If you’re not doing what is required, they we’ll be looking for you to rectify those problems.”

“If (the car dealership is) lower than the adjoining property, it looks like the water would not be (flowing toward the neighbors).

“We are a 6-acre parcel of several hundred” in the watershed), the petitioner’s engineer pointed out, suggesting that any flooding would be attributable to sources other than his client’s property.

Thorsen pointed out that the Kelly Woods subdivision came after Anderson BMW Mazda Volkswagen, so it was not a similar situation.

He stressed that he had a “really big problem” with reversing the 50-foot buffer that he and five other sitting council members had voted to approve six years ago.

“Now, we’re coming back to the table and taking back what we gave. I really have a problem changing the game. I’m hard put to do that,” Thorsen said.

Councilwoman Ellen Brady Mueller asked Director of Planning and Economic Development Michelle Rentzsch about the proposed 8-foot set-back. She was told that they are “typically 8 feet.”

Former Planning and Zoning Commissioner Brett Hopkins took up where Mueller left off, asking about the 50-foot buffer.

“It was a function of what (was approved),” Rentzsch explained, pointing out it was “less than half the size of this property.”

“It had a detention pond in back,” Hopkins remembered.

Hopkins suggested this was the first time a challenge to this type of use had occurred.

“I’d like to see something more than this (8-foot set-back),” the councilman said.

Cathy Ferguson agreed.

“The buffering is an important thing to the neighbors. I would ask you to work with your neighbors.”

Shepley also asked about landscaping.

Strom replied that they had a landscape plan that calls for a continuous row of evergreens, plus 8-foot high Linden trees.

“Unlike many other car dealerships, we’ll have landscaping in the parking lot.”

Right before the vote, Hopkins asked about “the storm retention spot on the north side.”

“It’s the low spot,” Strom pointed out.

“Is it possible to more it to the (other side)?”

At this point I believe Strom suggested that the dealership could “lose a row of cars and have 33 feet of buffer.”

“That gets them very close to the original (50-feet),” Shepley said.

“I’m expected the lights to shine down on the property,” Goss explained in addition to his storm water question. One resident had said the car dealership would be like having a permanent night-light on.

Ferguson also asked that the “lights in the rear be turned off at night. When they’re on in the night time, I would ask you turn yours down, too.”

“On the lighting,” Shepley suggesting contacting “Power Conversion Products, a good company” that makes directional lighting.

He asked Rentzsch if the lighting were appropriate.

“Yes, it is,” she replied. “It’s completely cut off at the property line.”

There was also considerable discussion on the total size and number of signs, pennants, banners and balloon animals like gorillas. The balloons were taken out and with the square footage of the signs to be somewhere between the amounts of the two neighboring car dealerships.

Mueller made the motion to change to annex the property and change the zoning from urban residential to commerce. It passed 5-1, with Thorsen voting “No.” Councilman Ralph Dawson was absent.

= = = = =
The top picture shows part of the Extreme Ford property, as it looks from Route 31 before cutting down all of the trees.

The snow covered pines are what can be seen from the Chan Baldwin yard. Its edge is three steps from where an eight-foot fence will be constructed.

The head shots, from top to bottom, are Crystal Lake City Councilman Dave Goss, Director of Engineering and Building Vic Ramirez, Councilman Jeff Throsen, Councilwoman Ellen Brady Mueller, Councilman Brett Hopkins, Councilwoman Cathy Ferguson, Mayor Aaron Shepley and Director of Planning and Economic Development Michelle Rentzsch. All photos were taken previously.

Almost as usual, when the Crystal Lake City Council takes significant action, it does it late at night.

That was the case Tuesday night.

The council voted 5-1 to annex Ken Rawson’s Barton Stream subdivision and 85 commercial acres on Route 14. Brett Hopkins was the “No” vote, arguing that a comprehensive plan should be in place first. Ralph Dawson was absent.

The issue was framed by two Crystal Lakers who spoke during the public comment period.

McHenry County Conservation District trustee and Crystal Lake resident Nancy Williamson led off.

“It is opening the entire area for development,” she asserted.

Referring to the watershed manual, which had just been approved, Williamson said,

”It’s a pair of shoes, but you’ve got no clothes to go with it.”

She argued for waiting until the planning process, including public comment was completed.

Local long-time successful Realtor Gail Plunkett was next up.

“I think it would be a good addition,” she said.

“There are plans for two more big box stores where the (Woodstock) Super-Wal-Mart is.

“Single family residents along Route 14 will not be attractive to the consumer.”

Speaking to traffic predicted to be generated by the Turnberry subdivision west of the Crystal Lake Country Club, Plunkett, who lives one house south of Country Club Road said, “I don’t see any impact.”

“We have to look at this north corridor. It’s the keystone of future development.”

The two comments that I have put in boldface type pretty well delineated the debate.

There were detailed objections from the neighbors and lawyer/planner Jerry Davonport, who gave me the map I hope Google’s Blogger will allow me to post. Tomorrow the objections he raised will be covered in detail, along with some other observations about development north of Route 176.

There were plenty of comments from the council members.

“Conservation design is in direct conflict with one-acre lots,” Councilwoman Kathy Ferguson pointed out. Davonport argued for the latter.

“In terms with the commercial portion, I’m OK with that. They’re going to need some amenities up there.

“In terms of the townhomes, I’d like you to think of villas. I think it would be a better bridging of the design.”

“It’s not as late as usual,” Councilman Jeff Thorsen started out. It was 11:35 PM and the watershed ordinance and manual debate had just finished. That followed a long consideration of the zoning of Extreme Ford on Route 31 south of Route 176.

“We’ll see when you’re done with your comments,” Mayor Aaron Shepley, who has been at odds with Thorsen on the watershed ordinance, interjected.

“I don’t think there’s anyone sitting here who doesn’t think the Northwest corridor will be developed,” Thorsen said. “The question is, ‘How will it be developed?’”

Thorsen came down on the same side as Ferguson on the issue of one-acre lots versus clustered housing.

“I don’t think that’s what we want to see for this corridor.”

“The important thing is what Kathy bought up,” Brett Hopkins said. “I would go with the conservation plan overall (but the density is too high).

“As far as the commercial goes, I’ve been against commercial on this part of Route 14.

“What I don’t want to see is what happened on Randall Road, where you don’t see any delineation (between towns). This was open land (which provides a delineation between Crystal Lake and Woodstock).”

Councilwoman Ellen Brady Mueller also came out in favor of the conservation design approach.

“Are you going to have one-acre lots? Why even extend sewer out there, if you can have septic?” she asked.

“I think the commercial works for me on Route 14.”

“I also agree the smaller lots work better,” added Councilman Dave Goss. “From a design viewpoint, you parallel road to Route 14, you have double lots there. (It’s a) perfect place to put BMPs (Best Management Practices). I don’t care for them at all.

“I do agree that commercial is appropriate there.”

Attorney Joe Gottemoller summarized the project. One of the elements that motorists would be able to notice is that the part of Ridgefield Road that intersects with Route 14 north of McHenry County College would be moved slightly south so that it would be at a 90 degree angle to the state highway. The Rawson property would have a road coming into that intersection from the west.

“I do get a little nervous because of what Mr. Davonport pointed out,” Shepley said.

He told of knowing some of the neighbors, who had asked him if the subdivision wold mean they could get sewer and water.

“We’re never going to force annex a residence,” he emphasized.

“I think there are two sides to the coin,” the mayor continued.

“I think this is an appropriate area for development.”

Concerning conservation design, he suggested the homes be “cluster(ed) in the middle (to) preseve the open space on the outside.”

“There’s a wetland in the center,” Mueller pointed out.

“My only point is that we in Crystal Lake like to protect open space. It’s nice to look at.”

With regard to the townhomes, Shepley had “mixed emotions.”

“Close to the college, you probably couldn’t ask for a better location,” he said pointing out that students might rent them.

“This is largely not in our watershed.

“I agree with what Jeff said. If not commercial, then what?”

“Office has some of the same downsides.”

Shepley observed that on Randall Road Crystal Lake had to grow down to Miller Road or Lake in the Hills would grow up.

“I don’t think we have boundary agreement with Woodstock on Route 14,” Shepley added.

“Yes, we do,” someone stated.

‘If we want it to be pure open space, we buy it,” Shepley continued.

“The reality is that costs money. The way to get that money is raising taxes as long as we don’t own the property. The property owner has certain rights to develop that property.

[One thing that Shepley did not point out was that by re-zoning the property the city increased the value of the property considerably.]

“McHenry County College has just as many cars going in and out as any shopping center.

“I do not agree at all that it is appropriate to put residences there (backing up to Route 14, a suggestion of Davonport).

“When you come back with the site plan,” Shepley said to the developer, “you need to make sure the future landowners that are not going to be configured in a way that their property values are not negatively affected by the (rear) fence.”
He was referring, of course, to the neighbors who objected vehemently to the zoning approval of Extreme Ford on Route 31 south of Route 176 earlier in the council meeting.

= = = = =
All images can be enlarged by clicking on them. The map is from Jerry Davonport, the satellite photo from Google. All pictures were taken previously.

Almost as usual, when the Crystal Lake City Council takes significant action, it does it late at night.

That was the case Tuesday night.

The council voted 5-1 to annex Ken Rawson’s Barton Stream subdivision and 85 commercial acres on Route 14. Brett Hopkins was the “No” vote, arguing that a comprehensive plan should be in place first. Ralph Dawson was absent.

The issue was framed by two Crystal Lakers who spoke during the public comment period.

McHenry County Conservation District trustee and Crystal Lake resident Nancy Williamson led off.

“It is opening the entire area for development,” she asserted.

Referring to the watershed manual, which had just been approved, Williamson said,

”It’s a pair of shoes, but you’ve got no clothes to go with it.”

She argued for waiting until the planning process, including public comment was completed.

Local long-time successful Realtor Gail Plunkett was next up.

“I think it would be a good addition,” she said.

“There are plans for two more big box stores where the (Woodstock) Super-Wal-Mart is.

“Single family residents along Route 14 will not be attractive to the consumer.”

Speaking to traffic predicted to be generated by the Turnberry subdivision west of the Crystal Lake Country Club, Plunkett, who lives one house south of Country Club Road said, “I don’t see any impact.”

“We have to look at this north corridor. It’s the keystone of future development.”

The two comments that I have put in boldface type pretty well delineated the debate.

There were detailed objections from the neighbors and lawyer/planner Jerry Davonport, who gave me the map I hope Google’s Blogger will allow me to post. Tomorrow the objections he raised will be covered in detail, along with some other observations about development north of Route 176.

There were plenty of comments from the council members.

“Conservation design is in direct conflict with one-acre lots,” Councilwoman Kathy Ferguson pointed out. Davonport argued for the latter.

“In terms with the commercial portion, I’m OK with that. They’re going to need some amenities up there.

“In terms of the townhomes, I’d like you to think of villas. I think it would be a better bridging of the design.”

“It’s not as late as usual,” Councilman Jeff Thorsen started out. It was 11:35 PM and the watershed ordinance and manual debate had just finished. That followed a long consideration of the zoning of Extreme Ford on Route 31 south of Route 176.

“We’ll see when you’re done with your comments,” Mayor Aaron Shepley, who has been at odds with Thorsen on the watershed ordinance, interjected.

“I don’t think there’s anyone sitting here who doesn’t think the Northwest corridor will be developed,” Thorsen said. “The question is, ‘How will it be developed?’”

Thorsen came down on the same side as Ferguson on the issue of one-acre lots versus clustered housing.

“I don’t think that’s what we want to see for this corridor.”

“The important thing is what Kathy bought up,” Brett Hopkins said. “I would go with the conservation plan overall (but the density is too high).

“As far as the commercial goes, I’ve been against commercial on this part of Route 14.

“What I don’t want to see is what happened on Randall Road, where you don’t see any delineation (between towns). This was open land (which provides a delineation between Crystal Lake and Woodstock).”

Councilwoman Ellen Brady Mueller also came out in favor of the conservation design approach.

“Are you going to have one-acre lots? Why even extend sewer out there, if you can have septic?” she asked.

“I think the commercial works for me on Route 14.”

“I also agree the smaller lots work better,” added Councilman Dave Goss. “From a design viewpoint, you parallel road to Route 14, you have double lots there. (It’s a) perfect place to put BMPs (Best Management Practices). I don’t care for them at all.

“I do agree that commercial is appropriate there.”

Attorney Joe Gottemoller summarized the project. One of the elements that motorists would be able to notice is that the part of Ridgefield Road that intersects with Route 14 north of McHenry County College would be moved slightly south so that it would be at a 90 degree angle to the state highway. The Rawson property would have a road coming into that intersection from the west.

“I do get a little nervous because of what Mr. Davonport pointed out,” Shepley said.

He told of knowing some of the neighbors, who had asked him if the subdivision wold mean they could get sewer and water.

“We’re never going to force annex a residence,” he emphasized.

“I think there are two sides to the coin,” the mayor continued.

“I think this is an appropriate area for development.”

Concerning conservation design, he suggested the homes be “cluster(ed) in the middle (to) preseve the open space on the outside.”

“There’s a wetland in the center,” Mueller pointed out.

“My only point is that we in Crystal Lake like to protect open space. It’s nice to look at.”

With regard to the townhomes, Shepley had “mixed emotions.”

“Close to the college, you probably couldn’t ask for a better location,” he said pointing out that students might rent them.

“This is largely not in our watershed.

“I agree with what Jeff said. If not commercial, then what?”

“Office has some of the same downsides.”

Shepley observed that on Randall Road Crystal Lake had to grow down to Miller Road or Lake in the Hills would grow up.

“I don’t think we have boundary agreement with Woodstock on Route 14,” Shepley added.

“Yes, we do,” someone stated.

‘If we want it to be pure open space, we buy it,” Shepley continued.

“The reality is that costs money. The way to get that money is raising taxes as long as we don’t own the property. The property owner has certain rights to develop that property.

[One thing that Shepley did not point out was that by re-zoning the property the city increased the value of the property considerably.]

“McHenry County College has just as many cars going in and out as any shopping center.

“I do not agree at all that it is appropriate to put residences there (backing up to Route 14, a suggestion of Davonport).

“When you come back with the site plan,” Shepley said to the developer, “you need to make sure the future landowners that are not going to be configured in a way that their property values are not negatively affected by the (rear) fence.”
He was referring, of course, to the neighbors who objected vehemently to the zoning approval of Extreme Ford on Route 31 south of Route 176 earlier in the council meeting.

= = = = =
All images can be enlarged by clicking on them. The map is from Jerry Davonport, the satellite photo from Google. All pictures were taken previously.

By a 5-1 one, with Jeff Thorsen voting “No” and Ralph Dawson absent, the Crystal Lake City Council approved a modified Watershed Manual and Stormwater Management Ordinance Tuesday night.

Many changes suggested by the public, technical advisory committee members and the firm hired by the Crystal Lake Park District to take a look at Gary Schaefer’s Hey Associates’ word were accepted. It seemed to me that he thought the most significant was a flow chart of the entire process in Chapter 3.

The size of rain gardens and grass swales were specified. Bio-retention was defined as a 2-year 24-hour design.

Specific testing would be required for engineering soil, for example, sand and fill brought onto the site. Geo-textiles would be required between engineered soil layers.

Technical Advisory Committee member George Boulet’s suggestion that land 50 feet around infiltration basins be surveyed for drain tiles was included.

Dry wells and trench drains were completely eliminated as a way to infiltrate water. Monitoring ports and groundwater wells were added.

Even last night, significant changes were made.

It seems to me the most significant was the acceptance of Jeff Thorsen’s suggestion that commercial and residential property be treated equally as far as enforcement of the watershed ordinance goes. Thorsen objected to what he saw as developer self-enforcement.

Under the draft presented, commercial developers would have been allowed to hire their own experts to oversee their work, with the city’s consultant only during spot inspections of the development and reviewing paperwork.

There was universal agreement that cutting property owners associations out of the monitoring and maintenance of what was required under the ordinance was a good idea. A consultant hired by the city would be the inspector and enforcer. Work would be paid by taxes collected under Special Service Area assessments (collected as a property tax).

Thorsen suggested that commercial developers be treated similarly and when Mayor Aaron Shepley summarized the changes he thought should be made, he included several of Thorsen’s suggestions.

“Sometimes I think everything happens for a reason,” he said, concluding that the ordinance had actually become better over its long gestation period. “I think we’re in very good shape.”

“We are taking ownership of the residential, while leaving it with the developers,” Thorsen observed. “Why not take control of both? Just a thought.”

“I have no problem with treating residential and commercial properties the same way,” Shepley said right before the vote.

The mayor also agreed with Thorsen, that the fee should not be a flat rate of $1,500, but should be a sliding scale proportional to the size of the property.

Shepley also used his lawyering skills to suggest changing permissive language to mandatory language in a number of places in the document.

One of them was making it certain that the city would pursue a partnership and seek assistance from the Crystal Lake Park District. Such action was optional in the draft, as presented.

Thorsen still did not think it was strong enough. He argued unsuccessfully that storm water retention east of Virginia Street and north of Route 176 should be the same as it is west of Virginia Street and south of Route 176.

Thorsen also argued unsuccessfully for limitations on mass grading, “especially on a large, large property.”

He suggested limiting it to 20 acres at a time or 50% of the property.

“You’re starting to move into how much risk is acceptable,” Schaefer said. “It’s adequate as written.

Then, there was what seemed to be a significant “but.”

“You gotta have enforcement,” he stressed. “If there is anything at the bottom of the totem pole, it’s soil erosion control.”

Thorsen tried to figure out why 100% on-site infiltration was required for a 10-year, 24-hour rainfall close to the lake, but not east of Route 14 (Virginia Street) and north of Route 176.

He wondered why.

“In those particular areas, they could (stand it. They are) not as close to the lake,” Schaefer said.

“I wouldn’t have a problem if you make it 10 year everywhere.”

Thorsen’s take was,

“I’m not sure I understand any rationale beyond we’re not going to be able to do as much north of 176 without it.”

Although Thorsen voted against the ordinance and manual, he concluded, “It’s really evolved to something that’s come a long, long way.”

Throsen’s persistent and perceptive questions and suggestions belied the pessimism expressed in this comment right before he yielded the floor to Shepley:

”I know I’m talking to deaf ears.”

Before voting for the measures, Brett Hopkins echoed what Thorsen and Shepley had said regarding the document’s being “a living document.” Hopkins wanted to make sure that any suggestions from the watershed area planning process would be inserted in the ordinance and manual.

Shepley agreed that would be the case, that the council had little choice with so much attention having been focused on the issue.

Oh, yes, almost forgot.

I have suggested, even harped, that phosphorus should not be allowed in new developments on the watershed and that the minimization of salt was more of a suggestion than a mandate. Shepley pointed out that the ordinance reflected my (and Larry Lane’s) wishes concerning phosphorus. He also said that there would have to be annual plans filed regarding de-icing for private roads which would demonstrate how public safety would be maintained while minimizing salt.

Schaefer has repeatedly pointed out that these two chemicals are the biggest threat to Crystal Lake’s water quality.

Shepley also mentioned something about herbicides and pesticides, I think, but I didn’t catch it.

= = = = =
All pictures were taken at previous meetings.

By a 5-1 one, with Jeff Thorsen voting “No” and Ralph Dawson absent, the Crystal Lake City Council approved a modified Watershed Manual and Stormwater Management Ordinance Tuesday night.

Many changes suggested by the public, technical advisory committee members and the firm hired by the Crystal Lake Park District to take a look at Gary Schaefer’s Hey Associates’ word were accepted. It seemed to me that he thought the most significant was a flow chart of the entire process in Chapter 3.

The size of rain gardens and grass swales were specified. Bio-retention was defined as a 2-year 24-hour design.

Specific testing would be required for engineering soil, for example, sand and fill brought onto the site. Geo-textiles would be required between engineered soil layers.

Technical Advisory Committee member George Boulet’s suggestion that land 50 feet around infiltration basins be surveyed for drain tiles was included.

Dry wells and trench drains were completely eliminated as a way to infiltrate water. Monitoring ports and groundwater wells were added.

Even last night, significant changes were made.

It seems to me the most significant was the acceptance of Jeff Thorsen’s suggestion that commercial and residential property be treated equally as far as enforcement of the watershed ordinance goes. Thorsen objected to what he saw as developer self-enforcement.

Under the draft presented, commercial developers would have been allowed to hire their own experts to oversee their work, with the city’s consultant only during spot inspections of the development and reviewing paperwork.

There was universal agreement that cutting property owners associations out of the monitoring and maintenance of what was required under the ordinance was a good idea. A consultant hired by the city would be the inspector and enforcer. Work would be paid by taxes collected under Special Service Area assessments (collected as a property tax).

Thorsen suggested that commercial developers be treated similarly and when Mayor Aaron Shepley summarized the changes he thought should be made, he included several of Thorsen’s suggestions.

“Sometimes I think everything happens for a reason,” he said, concluding that the ordinance had actually become better over its long gestation period. “I think we’re in very good shape.”

“We are taking ownership of the residential, while leaving it with the developers,” Thorsen observed. “Why not take control of both? Just a thought.”

“I have no problem with treating residential and commercial properties the same way,” Shepley said right before the vote.

The mayor also agreed with Thorsen, that the fee should not be a flat rate of $1,500, but should be a sliding scale proportional to the size of the property.

Shepley also used his lawyering skills to suggest changing permissive language to mandatory language in a number of places in the document.

One of them was making it certain that the city would pursue a partnership and seek assistance from the Crystal Lake Park District. Such action was optional in the draft, as presented.

Thorsen still did not think it was strong enough. He argued unsuccessfully that storm water retention east of Virginia Street and north of Route 176 should be the same as it is west of Virginia Street and south of Route 176.

Thorsen also argued unsuccessfully for limitations on mass grading, “especially on a large, large property.”

He suggested limiting it to 20 acres at a time or 50% of the property.

“You’re starting to move into how much risk is acceptable,” Schaefer said. “It’s adequate as written.

Then, there was what seemed to be a significant “but.”

“You gotta have enforcement,” he stressed. “If there is anything at the bottom of the totem pole, it’s soil erosion control.”

Thorsen tried to figure out why 100% on-site infiltration was required for a 10-year, 24-hour rainfall close to the lake, but not east of Route 14 (Virginia Street) and north of Route 176.

He wondered why.

“In those particular areas, they could (stand it. They are) not as close to the lake,” Schaefer said.

“I wouldn’t have a problem if you make it 10 year everywhere.”

Thorsen’s take was,

“I’m not sure I understand any rationale beyond we’re not going to be able to do as much north of 176 without it.”

Although Thorsen voted against the ordinance and manual, he concluded, “It’s really evolved to something that’s come a long, long way.”

Throsen’s persistent and perceptive questions and suggestions belied the pessimism expressed in this comment right before he yielded the floor to Shepley:

”I know I’m talking to deaf ears.”

Before voting for the measures, Brett Hopkins echoed what Thorsen and Shepley had said regarding the document’s being “a living document.” Hopkins wanted to make sure that any suggestions from the watershed area planning process would be inserted in the ordinance and manual.

Shepley agreed that would be the case, that the council had little choice with so much attention having been focused on the issue.

Oh, yes, almost forgot.

I have suggested, even harped, that phosphorus should not be allowed in new developments on the watershed and that the minimization of salt was more of a suggestion than a mandate. Shepley pointed out that the ordinance reflected my (and Larry Lane’s) wishes concerning phosphorus. He also said that there would have to be annual plans filed regarding de-icing for private roads which would demonstrate how public safety would be maintained while minimizing salt.

Schaefer has repeatedly pointed out that these two chemicals are the biggest threat to Crystal Lake’s water quality.

Shepley also mentioned something about herbicides and pesticides, I think, but I didn’t catch it.

= = = = =
All pictures were taken at previous meetings.

The analogy is not perfect. I’ve never been a sports writer, so please cut me some slack.

And, the meeting didn’t get over until about 1 AM. Consideration of McHenry County College’s baseball stadium started at 6:20.

Councilmen Ralph Dawson, Brett Hopkins and Jeff Thorsen threw the three strikes with their “No” votes on the proposal to re-zone McHenry County College for a minor league baseball stadium.

Thanks to the Crystal Lake Planning and Zoning Committee’s unanimous rejection of the proposal, MCC needed a supermajority of five council votes for its ballpark to be considered a home run.

Former MCC Board President Donna Kurtz (Crystal Lake) rocked the meeting.

After saying she had voted for the Health & Wellness Center project, but now realized “the serious negative implications that this project will have for years to come,” she said,

“I was wrong to support this project, but you can prevent a bigger wrong.”

Kurtz said Scott Summers (Harvard), the man who replaced her as board president, agreed with her request for a rejection of the project’s zoning. The two expressed milder concerns at an MCC Finance Committee meeting two weeks ago.

She explained that the Schaumburg Flyers, a minor league baseball team “has not generated a positive cash flow for years.”

“In addition,” she continued, “the HWAC project third party assessment paid by MCC stated, ‘our experience is that these facilities and programs usually have a difficult time generating a positive cash flow.’ Building and maintaining this multi-million dollar revenue stream year in and year out for decades to come is an extraordinary high risk and very difficult endeavor.

“The city council is the only defense between an eventual tax increase for our city and county residents.”

Because Mayor Aaron Shepley allowed Crystal Lake residents to speak before those of us who live outside the city, it was uncertain whether Summers would be able to speak for himself, but, toward the end of the public comment period, he did.

Emphasizing he was speaking as a “private citizen,” he said he had “spent many hours looking and, most important, in receiving public commentary.

“In concept, I support (the project) if the numbers work and the associated land use mitigation can be achieved.

“If this concept works, it’s a way of defraying (the cost of some construction).

“I think the college has not done a good job of (and here my pen did not go as fast as Summers’ words), but he called for a 60-90 day period for public comment on the feasibility study, engineering plans, etc.

“If a grievous mistake has been made, I want to know.”

Applause followed his statement that there had been “very thorough and astute comments.”

Mayor Shepley admonished the audience for the demonstration of support for Summers, having said at the beginning that neither applause would be not be appropriate. He also insisted that everyone who wanted to talk sign up before the beginning of the public comment period.

When that started, Shepley announced that he would alternate between proponents and opponents in the public comment period.

Only one proponent from Crystal Lake stepped up, Mary Edwards, speaking first for herself and reading an effusive email of praise for all parts of the project from 88-year old George Wendt.

All the rest of the Crystal Lakers who spoke opposed the project. There were 20-30 of them.

When it came time for council comments, Dave Goss was first.

He concluded that the “uses are acceptable.”

On traffic, “I think this is an excellent report.

“We own the date,” he said, pointing out the work on traffic control and expansion of westbound Route 14 and other intersections the college had done with the police and other staff.

Concerning the watershed, “We have searched for partners to be in this with us on the watershed.”

He praised the park district for purchasing Sunset Park. He criticized the McHenry County Conservation District for not stepping up.

Goss said he would not vote for final approval until the Best Management Practices watershed manual was completed.

He also came up with a compromise on MCC’s request for permission to cover 50% of the not-yet-purchased 57 acres for which there are absolutely no plans except overflow parking.

His suggestion, which resonated with the four-vote majority?

50% coverage with impermeable material or the maximum allowed by the watershed ordinance at the time of development several decades away.

Second to pitch his opinion was Jeff Thorsen, who twice has successfully led the charge on improving the watershed manual, much to Mayor Shepley’s chagrin.

Thorsen was emphatic in his support of MCC.

Not only was he educated there, taking every business course offered before transferring to Northern Illinois University, but he actively supported all of its referendums.

Having established his pedigree, Thorsen criticized having to vote upon the zoning matter, which would be tied to the unapproved watershed ordinance, before the manual is made final.

“What if I’m the only one on this panel that vehemently disagrees with the manual?

“Then, I’ve trumped myself.

“For me, the dog is the watershed ordinance and the tail is the development.”

Thorsen also commented on the increase in traffic.

“We’re really kicking in at rush hour, if we’re (the ball team is) successful.”

Thorsen also commented at the financing of the project, which Shepley had said should not be discussed. Perhaps he was taking his cue from MCC President Walt Packard who mentioned financing in his initial presentation.

He said he would “have to have an understanding (of) where the contact money is going to come from.

He mentioned the 10% of various concessions and tickets that MCC would receive.

“If it doesn’t accumulate to $250,000…then the club makes up the difference.”

The effect on neighbors outside of the city was also a concern.

“Some people may like to live on Waveland; others like to live in the country.

“I really wish we could sop and take a second look on this issue.”

Thorsen then praised Kurtz and Summers.

“It takes a heck of a lot of guts for one public official, for two public officials to say, ‘Slow down a bit.’

“I think they’re great public servants and I want to thank them publicly.

“Thank you.”

Commenting on how McHenry County College got in what where it is on the baseball stadium and other projects being proposed, Thorsen observed,”

I don’t think they had the benefit of a public (commenting on the proposal).”

Next up was Ellen Brady Mueller, who attended the Planning and Zoning Commission meetings.

She spoke in favor of the project, emphasizing how it had improved since it was originally presented, (and ended up making the motion to approve it).

Urged laser lights, instead of fire works. (Neighboring horse farmers had complained how noise spooked their animals.) She took up the previous suggestion of Mayor Shepley that a baseline for current noise be determined and the zoning agreement include how much louder stadium activities could be.

Concerning traffic, Mueller said, “It’s a fabulous improvement.

“A fabulous opportunity for Crystal Lake,” she said, summing up. “I’m for it 100%.”

“The finance part of it is not our decision,” she added. “If the college did not do what it should have done before getting here, shame on them.”

Cathy Ferguson agreed with Mueller that the council should not consider whether the baseball team financing was feasible.

“I am gong to ask people to who have disagreements to talk to your college board members.

“Don’t place that on us,” she emphasized.

That was after she talked about the positives of the project.

“I think the college is going to do a lot of road improvements on a lot of different roads. It’s a limited impact for short periods of time.

“We need to trust our experts,” she said.

“It’s a family venue.

“I don’t think there’s going to be a (problem with alcohol.)”

“No one has talked about the side benefits…the restaurants, the stores, which were apparently discussed at “a strategic workshop a couple of years ago.”

Ferguson agreed with the suggestion made by Goss on how to deal with the MCC request to cover 50% of the 57 acres it wants to purchase.

The count was not 3-1 with Councilman Hopkins having made negative sounds at a previous meeting about the need for a plan for the watershed bringing hope to opponents that he would vote against the proposal.

With everyone in the room knowing Shepley’s strong support for the project, the tension was high as Councilman Dawson began to speak.

The strength of the opposition was emphasized by Councilman Ralph Dawson in explaining his final reason for opposing the proposal.

“I’ve never had as much public response on an issue as this—the Gay Games, not a call,” Dawson revealed. He talked about the number of emails he had gotten at his city email address.

“One of my jobs here is to represent the public. I’ve only had two people positive—all the rest were negative.”

Dawson’s complaints about the proposal also focused on the traffic.

“I’m not going to relent on that.”

So, now the count was 4-2.

One more vote would mean victory for the opponents.

Hopkins started with his concern about “the traffic issue.”

“I think you did the best you could,” he said before suggesting that he thought traffic was going to increase more than 2.5% per year.

“My gut tells me it could be more.

“I think more than anything else what we’re lacking is an overall plan. Not that I think you are doing anything wrong with what you’re doing.

“I want to be a pitcher, not a catcher,” Hopkins concluded before Shepley took over the microphone for his comments about 12:30.

As has been evident in the two meetings on the watershed manual, Shepley knows how to count.

He knew he didn’t have the necessary five votes.

Nevertheless, he reiterated the arguments in favor of the MCC proposal for 15 minutes from 12:30 to 12:45 AM.

“Even if you’re a catcher, you’re in every play,” Shepley said, tying his remarks to Hopkins’ desire to be a pitcher.

“It’s better than being in right field.”

That, of course, was where Hopkins was while serving on the Crystal Lake Planning and Zoning Commission before being elected to the council this past spring.

Now he was a player with a planner’s outlook.

Shepley then took off after the two college trustees who dared throw a monkey wrench into the well-oiled gears of his zoning approval machine.

“I’m really scratching my head. I’m really on the opposite end of what Mr. Thorsen said.

He talked of how the two trustees were “putting the Crystal Lake City Council in an untenable position.

“It’s disappointing to me personally.

“We’re only getting one side of the story.”

(And, as you can imagine, I was thinking” “Right. The college refuses to release the feasibility study upon which it made its decision to go forward with the baseball team idea.”)

“You said we’re the last hope for stopping this project,” Shepley continued. (That’s not right.) There are seven board members.

“You are convincing the wrong people. I don’t have the information the members of this board has.

“I do feel somewhat put upon.

“There is not a single member of this board that would go out to undermine the democratic process. You respect the process.

“There was a process for the college. It was followed,” Shepley asserted.

“(If this does not work out financially,) I can tell you if the taxpayers of McHenry County will hold you to be accountable,” he said to the college board members, all but one of which attended the meeting.

“But that’s their responsibility. We’re here for land planning decisions, but that’s it.

“It does greatly disappoint me. “I don’t get it. It’s a head scratcher.”

Noting that the council had been in session since 5:30, he said, “I don’t think anyone can criticize us.”

And, then, “Maybe we’re asking the wrong question. Let me ask,

“What if we don’t approve it?”

Shepley then reiterated the arguments for voting “Yes.”

I’m pretty sure he misstated this one:

”The college has come up with a way to finance 75% of what this really is. Without the baseball stadium, they don’t have a flow of income. They did it in a way to avoid asking us to raise taxes.”

Surely, 75% of the financing for this deal is not coming from the baseball stadium.

He then criticized the promoters of a baseball stadium in Harvard for trying to undermine the chances of a team in Crystal Lake.

What Shepley did not say was that the Harvard promoters are building their own stadium. They are actually putting their money at risk to build that stadium. MCC baseball promoter Peter Heitman is not.

But, back to Shepley’s comments.

“This is not about tax dollars coming to Crystal Lake. This is about bringing an amenity to Crystal Lake.

“I guarantee you there are other communities that will accommodate a baseball team.

“What if it goes a couple miles down the road and settles in Woodstock?” he asked, pointing out that Crystal Lake would have the same problems with none of the benefits.

“That’s my position,” he concluded.

Then Mueller made a motion, knowing it would fail.

It did.

Shepley then tried to keep the measure alive by asking for a motion to reconsider, which he said could then be tabled.

I’ve been using parliamentary procedure since high school student council at Crystal Lake Community High School, but I still wanted to check out whether my memory of who was eligible to make a motion to reconsider was accurate.

I remember that only someone on the prevailing side can make such a motion.

The prevailing side consisted of Dawson, Hopkins and Thorsen.

I just typed in “prevailing side, Robert’s Rules” into Google and here’s what I found:

”Reconsider: Can be made only by one on the prevailing side who has changed position or view”

That’s from the summary page.

The motion was made by Mueller, who was not on the prevailing side. Had she been on the prevailing side, her motion to approve the zoning request would have passed.

I’m certainly not an attorney, but I think this effort to keep the MCC project alive has severe problems.

= = = = =
Each photograph can be enlarged by clicking on it.

On top are photos of the three Crystal Lake City Councilmen who voted against the MCC request to zone its property for a baseball stadium–Ralph Dawson, on the left, Brett Hopkins in the center and Jeff Thorsen on the right.

Next, there is a picture of MCC Trustee Donna Kurtz. Below her is MCC Board President Scott Summers. (All of the head shots are from prior meetings, except Summers’.)

Above the “MUST SIGN IN” sign is Mayor Aaron Shepley. The pictures of council members accompany their comments in this order: Dave Goss, Jeff Thorsen, Ellen Brady Mueller, Cathy Ferguson, Ralph Dawson and Brett Hopkins.

Another picture of Mayor Shepley follow.

The group shot of McHenry County College trustees shows them right before the zoning vote was taken. In the second row are Scott Summers and George Lowe. In the first row are Ann Miller, Carol Larson and Barbara Walters.

Below line photo credit line are two pictures after the meeting broke up, the first in council chambers and the second, ironically, in front of the “Finance” office in city hall’s entranceway.

The analogy is not perfect. I’ve never been a sports writer, so please cut me some slack.

And, the meeting didn’t get over until about 1 AM. Consideration of McHenry County College’s baseball stadium started at 6:20.

Councilmen Ralph Dawson, Brett Hopkins and Jeff Thorsen threw the three strikes with their “No” votes on the proposal to re-zone McHenry County College for a minor league baseball stadium.

Thanks to the Crystal Lake Planning and Zoning Committee’s unanimous rejection of the proposal, MCC needed a supermajority of five council votes for its ballpark to be considered a home run.

Former MCC Board President Donna Kurtz (Crystal Lake) rocked the meeting.

After saying she had voted for the Health & Wellness Center project, but now realized “the serious negative implications that this project will have for years to come,” she said,

“I was wrong to support this project, but you can prevent a bigger wrong.”

Kurtz said Scott Summers (Harvard), the man who replaced her as board president, agreed with her request for a rejection of the project’s zoning. The two expressed milder concerns at an MCC Finance Committee meeting two weeks ago.

She explained that the Schaumburg Flyers, a minor league baseball team “has not generated a positive cash flow for years.”

“In addition,” she continued, “the HWAC project third party assessment paid by MCC stated, ‘our experience is that these facilities and programs usually have a difficult time generating a positive cash flow.’ Building and maintaining this multi-million dollar revenue stream year in and year out for decades to come is an extraordinary high risk and very difficult endeavor.

“The city council is the only defense between an eventual tax increase for our city and county residents.”

Because Mayor Aaron Shepley allowed Crystal Lake residents to speak before those of us who live outside the city, it was uncertain whether Summers would be able to speak for himself, but, toward the end of the public comment period, he did.

Emphasizing he was speaking as a “private citizen,” he said he had “spent many hours looking and, most important, in receiving public commentary.

“In concept, I support (the project) if the numbers work and the associated land use mitigation can be achieved.

“If this concept works, it’s a way of defraying (the cost of some construction).

“I think the college has not done a good job of (and here my pen did not go as fast as Summers’ words), but he called for a 60-90 day period for public comment on the feasibility study, engineering plans, etc.

“If a grievous mistake has been made, I want to know.”

Applause followed his statement that there had been “very thorough and astute comments.”

Mayor Shepley admonished the audience for the demonstration of support for Summers, having said at the beginning that neither applause would be not be appropriate. He also insisted that everyone who wanted to talk sign up before the beginning of the public comment period.

When that started, Shepley announced that he would alternate between proponents and opponents in the public comment period.

Only one proponent from Crystal Lake stepped up, Mary Edwards, speaking first for herself and reading an effusive email of praise for all parts of the project from 88-year old George Wendt.

All the rest of the Crystal Lakers who spoke opposed the project. There were 20-30 of them.

When it came time for council comments, Dave Goss was first.

He concluded that the “uses are acceptable.”

On traffic, “I think this is an excellent report.

“We own the date,” he said, pointing out the work on traffic control and expansion of westbound Route 14 and other intersections the college had done with the police and other staff.

Concerning the watershed, “We have searched for partners to be in this with us on the watershed.”

He praised the park district for purchasing Sunset Park. He criticized the McHenry County Conservation District for not stepping up.

Goss said he would not vote for final approval until the Best Management Practices watershed manual was completed.

He also came up with a compromise on MCC’s request for permission to cover 50% of the not-yet-purchased 57 acres for which there are absolutely no plans except overflow parking.

His suggestion, which resonated with the four-vote majority?

50% coverage with impermeable material or the maximum allowed by the watershed ordinance at the time of development several decades away.

Second to pitch his opinion was Jeff Thorsen, who twice has successfully led the charge on improving the watershed manual, much to Mayor Shepley’s chagrin.

Thorsen was emphatic in his support of MCC.

Not only was he educated there, taking every business course offered before transferring to Northern Illinois University, but he actively supported all of its referendums.

Having established his pedigree, Thorsen criticized having to vote upon the zoning matter, which would be tied to the unapproved watershed ordinance, before the manual is made final.

“What if I’m the only one on this panel that vehemently disagrees with the manual?

“Then, I’ve trumped myself.

“For me, the dog is the watershed ordinance and the tail is the development.”

Thorsen also commented on the increase in traffic.

“We’re really kicking in at rush hour, if we’re (the ball team is) successful.”

Thorsen also commented at the financing of the project, which Shepley had said should not be discussed. Perhaps he was taking his cue from MCC President Walt Packard who mentioned financing in his initial presentation.

He said he would “have to have an understanding (of) where the contact money is going to come from.

He mentioned the 10% of various concessions and tickets that MCC would receive.

“If it doesn’t accumulate to $250,000…then the club makes up the difference.”

The effect on neighbors outside of the city was also a concern.

“Some people may like to live on Waveland; others like to live in the country.

“I really wish we could sop and take a second look on this issue.”

Thorsen then praised Kurtz and Summers.

“It takes a heck of a lot of guts for one public official, for two public officials to say, ‘Slow down a bit.’

“I think they’re great public servants and I want to thank them publicly.

“Thank you.”

Commenting on how McHenry County College got in what where it is on the baseball stadium and other projects being proposed, Thorsen observed,”

I don’t think they had the benefit of a public (commenting on the proposal).”

Next up was Ellen Brady Mueller, who attended the Planning and Zoning Commission meetings.

She spoke in favor of the project, emphasizing how it had improved since it was originally presented, (and ended up making the motion to approve it).

Urged laser lights, instead of fire works. (Neighboring horse farmers had complained how noise spooked their animals.) She took up the previous suggestion of Mayor Shepley that a baseline for current noise be determined and the zoning agreement include how much louder stadium activities could be.

Concerning traffic, Mueller said, “It’s a fabulous improvement.

“A fabulous opportunity for Crystal Lake,” she said, summing up. “I’m for it 100%.”

“The finance part of it is not our decision,” she added. “If the college did not do what it should have done before getting here, shame on them.”

Cathy Ferguson agreed with Mueller that the council should not consider whether the baseball team financing was feasible.

“I am gong to ask people to who have disagreements to talk to your college board members.

“Don’t place that on us,” she emphasized.

That was after she talked about the positives of the project.

“I think the college is going to do a lot of road improvements on a lot of different roads. It’s a limited impact for short periods of time.

“We need to trust our experts,” she said.

“It’s a family venue.

“I don’t think there’s going to be a (problem with alcohol.)”

“No one has talked about the side benefits…the restaurants, the stores, which were apparently discussed at “a strategic workshop a couple of years ago.”

Ferguson agreed with the suggestion made by Goss on how to deal with the MCC request to cover 50% of the 57 acres it wants to purchase.

The count was not 3-1 with Councilman Hopkins having made negative sounds at a previous meeting about the need for a plan for the watershed bringing hope to opponents that he would vote against the proposal.

With everyone in the room knowing Shepley’s strong support for the project, the tension was high as Councilman Dawson began to speak.

The strength of the opposition was emphasized by Councilman Ralph Dawson in explaining his final reason for opposing the proposal.

“I’ve never had as much public response on an issue as this—the Gay Games, not a call,” Dawson revealed. He talked about the number of emails he had gotten at his city email address.

“One of my jobs here is to represent the public. I’ve only had two people positive—all the rest were negative.”

Dawson’s complaints about the proposal also focused on the traffic.

“I’m not going to relent on that.”

So, now the count was 4-2.

One more vote would mean victory for the opponents.

Hopkins started with his concern about “the traffic issue.”

“I think you did the best you could,” he said before suggesting that he thought traffic was going to increase more than 2.5% per year.

“My gut tells me it could be more.

“I think more than anything else what we’re lacking is an overall plan. Not that I think you are doing anything wrong with what you’re doing.

“I want to be a pitcher, not a catcher,” Hopkins concluded before Shepley took over the microphone for his comments about 12:30.

As has been evident in the two meetings on the watershed manual, Shepley knows how to count.

He knew he didn’t have the necessary five votes.

Nevertheless, he reiterated the arguments in favor of the MCC proposal for 15 minutes from 12:30 to 12:45 AM.

“Even if you’re a catcher, you’re in every play,” Shepley said, tying his remarks to Hopkins’ desire to be a pitcher.

“It’s better than being in right field.”

That, of course, was where Hopkins was while serving on the Crystal Lake Planning and Zoning Commission before being elected to the council this past spring.

Now he was a player with a planner’s outlook.

Shepley then took off after the two college trustees who dared throw a monkey wrench into the well-oiled gears of his zoning approval machine.

“I’m really scratching my head. I’m really on the opposite end of what Mr. Thorsen said.

He talked of how the two trustees were “putting the Crystal Lake City Council in an untenable position.

“It’s disappointing to me personally.

“We’re only getting one side of the story.”

(And, as you can imagine, I was thinking” “Right. The college refuses to release the feasibility study upon which it made its decision to go forward with the baseball team idea.”)

“You said we’re the last hope for stopping this project,” Shepley continued. (That’s not right.) There are seven board members.

“You are convincing the wrong people. I don’t have the information the members of this board has.

“I do feel somewhat put upon.

“There is not a single member of this board that would go out to undermine the democratic process. You respect the process.

“There was a process for the college. It was followed,” Shepley asserted.

“(If this does not work out financially,) I can tell you if the taxpayers of McHenry County will hold you to be accountable,” he said to the college board members, all but one of which attended the meeting.

“But that’s their responsibility. We’re here for land planning decisions, but that’s it.

“It does greatly disappoint me. “I don’t get it. It’s a head scratcher.”

Noting that the council had been in session since 5:30, he said, “I don’t think anyone can criticize us.”

And, then, “Maybe we’re asking the wrong question. Let me ask,

“What if we don’t approve it?”

Shepley then reiterated the arguments for voting “Yes.”

I’m pretty sure he misstated this one:

”The college has come up with a way to finance 75% of what this really is. Without the baseball stadium, they don’t have a flow of income. They did it in a way to avoid asking us to raise taxes.”

Surely, 75% of the financing for this deal is not coming from the baseball stadium.

He then criticized the promoters of a baseball stadium in Harvard for trying to undermine the chances of a team in Crystal Lake.

What Shepley did not say was that the Harvard promoters are building their own stadium. They are actually putting their money at risk to build that stadium. MCC baseball promoter Peter Heitman is not.

But, back to Shepley’s comments.

“This is not about tax dollars coming to Crystal Lake. This is about bringing an amenity to Crystal Lake.

“I guarantee you there are other communities that will accommodate a baseball team.

“What if it goes a couple miles down the road and settles in Woodstock?” he asked, pointing out that Crystal Lake would have the same problems with none of the benefits.

“That’s my position,” he concluded.

Then Mueller made a motion, knowing it would fail.

It did.

Shepley then tried to keep the measure alive by asking for a motion to reconsider, which he said could then be tabled.

I’ve been using parliamentary procedure since high school student council at Crystal Lake Community High School, but I still wanted to check out whether my memory of who was eligible to make a motion to reconsider was accurate.

I remember that only someone on the prevailing side can make such a motion.

The prevailing side consisted of Dawson, Hopkins and Thorsen.

I just typed in “prevailing side, Robert’s Rules” into Google and here’s what I found:

”Reconsider: Can be made only by one on the prevailing side who has changed position or view”

That’s from the summary page.

The motion was made by Mueller, who was not on the prevailing side. Had she been on the prevailing side, her motion to approve the zoning request would have passed.

I’m certainly not an attorney, but I think this effort to keep the MCC project alive has severe problems.

= = = = =
Each photograph can be enlarged by clicking on it.

On top are photos of the three Crystal Lake City Councilmen who voted against the MCC request to zone its property for a baseball stadium–Ralph Dawson, on the left, Brett Hopkins in the center and Jeff Thorsen on the right.

Next, there is a picture of MCC Trustee Donna Kurtz. Below her is MCC Board President Scott Summers. (All of the head shots are from prior meetings, except Summers’.)

Above the “MUST SIGN IN” sign is Mayor Aaron Shepley. The pictures of council members accompany their comments in this order: Dave Goss, Jeff Thorsen, Ellen Brady Mueller, Cathy Ferguson, Ralph Dawson and Brett Hopkins.

Another picture of Mayor Shepley follow.

The group shot of McHenry County College trustees shows them right before the zoning vote was taken. In the second row are Scott Summers and George Lowe. In the first row are Ann Miller, Carol Larson and Barbara Walters.

Below line photo credit line are two pictures after the meeting broke up, the first in council chambers and the second, ironically, in front of the “Finance” office in city hall’s entranceway.

After over four hours of consideration ending at 12:20 AM, the Crystal Lake City Council voted 6-0 to delay consideration of a new watershed manual and ordinance for a month.

The postponement came after technical critiques by Nancy Williamson and Cindy Skrukrud, both members of the McHenry County Defenders.

Yours truly asked that salt, phosphorus and dog poop at the forthcoming McHenry County animal control facility be specifically addressed in watershed manual.

Woodland Drive’s Joe Stecker brought a Skippy Peanut Butter jar of what he thought were small asphalt particles that he gathered where Cove Pond flows into Crystal Lake.

First city Director of Engineering & Building Vic Ramirez presented the staff’s response for regulation, monitoring, tracking, inspection, enforcement and financing made by council members the last time the issue was considered.

Next, Hey and Associates’ Gary Schaefer explained the questions and suggestions made by Crystal Lake Park District engineer Chris Burke. He accepted many of them and explained how the city’s storm water management ordinance covered others.

The recommendations had been made available to the city and Schaefer, but not to the public until Schaefer outlined them. The park board is scheduled to officially receive and discuss the report at its Thursday night’s meeting.

Then, for the second time, Councilman Jeff Thorsen again led opposition to passage of the ordinance and approval of the manual until further changes were made.

Again, Mayor Aaron Shepley had to be satisfied with outlining what further changes he perceived were wanted by the other five council members at the meeting (Cathy Ferguson being absent), including saying that he thought Thorsen’s suggestions were “reasonable.”

While Thorsen was delivering his comments, Shepley periodically talked with city manager Gary Mayerhofer.

Thorsen’s passionately delivered suggestions included

• third party enforcement of the ordinance and manual, instead of city staff’s doing it;



• implementing George Boulet’s suggestion for wells around infiltration basins to make certain that they were not leaking into drain tiles;
• having the watershed ordinance automatically cover any subsequent changes in the watershed manual;
• limiting mass earth grading and instead requiring controlled grading in the watershed (“If the main argument about mass grading versus controlled grading is cost, so be it.”)

“I support a lot of things that were said over there,” Councilman Ralph Dawson said from the other side of the dais.

“I have not had a chance to digest it,” Dawson explained. Thorsen had previously pointed out he had received what was to be voted upon just last Friday.

Dawson also pointed out that the Crystal Lake Drainage District hadn’t been brought into the discussion.

In addition, he expressed his concern that homeowners associations should be given the responsibility for maintaining subdivision infiltration basins and supported “a third party” doing the inspection and enforcement of regulations.

“Are you proposing we outsource?” Ellen Brady Mueller asked Thorsen.

“I’m just proposing we figure it out,” he replied.

“I completely agree we need a third party,” Mueller said.

Thorsen explained that what he wanted was “a watershed monitor, a police dog to make sure it is not failing.”

“Maintenance, too?” Mueller asked, to which Thorsen said he thought that ought to be “part of the enforcement to make sure the maintenance is done.”

Dave Goss agreed that the city shouldn’t “deal with property owners associations.” He preferred Special Service Areas to finance drainage basins. Later, he mentioned special utility taxes on the watershed area might be an alternative. (My observation: since the college does not pay property taxes, a utility tax might be a way to get it to pay its fair share.)

“I would support a third party doing it,” Goss said, pointing out that it “could be overwhelming for staff during part of the year.”

Goss seemed ready to vote for the documents, knowing they could be amended later. He called it “a dynamic document” which “gives us better water quality and quantity going into the lake.” He nevertheless vote with the majority to delay consideration until early November.

In public comments limited to an hour by Mayor Shepley, Williamson noted that both the CVS Pharmacy construction project and the Bryn Mawr subdivision–the one without working sewers northwest of town on Route 176 almost at Route 47 which Rosemary Kurtz investigated –had numerous erosion violations which city staff did not follow up on.

“It took the Illinois Environmental Protection Agency to do your work for you,” Williamson said.

The implementation plan (presented earlier by Ramirez) was just posted yesterday,” Cindy Skrukrud observed.

She said it

• doesn’t include guidelines to show how developments can limit their footprints;
• lacks information on how to control pollution in new developments;
• does not ban phosphorus or salt on the watershed;
• doesn’t require monitoring the quality of storm water before it enters the watershed;
• relies on infiltration basins that are too big;

“Mr. Schaefer has said changes need to be made,” she continued. “Well that needs to be done.

“Then, there’s the whole issue of putting together a plan for development in the watershed,” she added.

Crystal Lake Park Board President Mike Zellman explained that the park board would consider its engineer’s recommendations on Thursday night, but said,

“It seems to me that the experts have come together. It seems to me the city is taking them (the park board’s engineer’s suggestions) seriously. It seems it was a good investment by the Crystal Lake Park District. I hope the recommendations of Burke Engineering will alleviate the objections of most of the objectors.”

Earlier, park board member Mike Walkup had defied Mayor Shepley by commenting on the watershed vote before the item was reached on the agenda.

In the public comment period Walkup, as a member of the park board, asked “that no vote be taken on the watershed ordinance.”

“You’re out of order. You’re out of order,” Shepley said pretty loudly.

“I don’t wish to wait until 1 o’clock in the morning,” Walkup replied forcefully. “I don’t think people should have to lose sleep in order to speak.”

“I spoke to the president of the board at 5 o’clock today,” Shepley said. “He indicated to me that it was not the intention of the board to ask for a delay.”

“Whatever your close friend Mike Zellman tells you is only his personal opinion,” Walkup retorted, adding that at its last meeting the board had agreed it wanted the city to wait until the park district’s engineer’s recommendations could be considered.

Signaling that those wanting more time to make sure the manual and ordinance are as good as possible was Shepley sometime after 11:30:

”There are obviously some concerns that can’t be addressed tonight. So, let’s not approve it tonight.”

He said it doesn’t impact the McHenry County College zoning petition “one way or the other,” saying, “If I were pressed to do it (vote on the watershed tonight), I would.

“If there’s a whole long line of developers out there, they’re not lining up at city hall,” he added.

He asked council members to give specific instructions to city staff.

Brett Hopkins, who served on the city Planning and Zoning Commission before being elected to the council last spring, said, “the third piece is the plan.”

He suggested putting “together a technical advisory committee (to develop) a plan for the watershed.

“This is my passion. I think that third piece is as important as the storm water manual and implementation.”

Dawson seemed to signal that he would be ready to vote for the watershed measures next time.

“We will not get everything discussed tonight in it,” he cautioned.

“There is no sewer and no water in that area,” Mueller pointed out. “The college has its own well and a small sewer. We’re talking between $20 and $30 million to bring sewer and water in that area. Until the sewer and water comes, I don’t think you’re going to see (a rush to development).”

Mueller also pointed out that city staff, under the direction of Michelle Rentzsch, was preparing a plan for the northwest part of the city. The next meeting will be Wednesday, October 17th, if I remember correctly.

“Michelle is the greenest person I know.”

Mueller put forth the last substantive ideas. She asked about banning road salt. Eric Lecuyer, the Director of Public Works, revealed his department plans a pilot program this winter to minimize road salt in the watershed part of the city.

“Where would be the best place to address this?” Mueller asked.

I think she also brought up phosphorus. Certainly, someone did.

“It could be in this manual,” Ramirez relied. “It would be a pretty strict condition.”

Referring to phosphorus, Dawson said, “If a developer developed 10 acres of 100, we want to put the whole 100 acres under it.”

Muller observed that it would “kind of take care of that problem on its own.”

“The lake appears to have the ability to assimilate phosphorus faster than most lakes,” Schaeffer said.

“Do you believe it should be banned?” asked Mueller.

“Absolutely,” Schaefer replied.

“On all property?” she continued.

“Yes, particularly those tributaries to Cove Pond.” (These include already developed areas of Crystal Lake.)

“You can farm without phosphorus?” she asked.

“Not for row crops,” the watershed adviser answered. “They would have to shift to alternative crops.”

“How many (farms) are in the city limits?” Mueller probed.

“Quite a lot of them,” Rentzsch replied.

Dawson then made the motion to continue the issue until the first meeting in November.

Having seen his plans to pass the watershed ordinance and manual derailed twice when public comment had been allowed, Shepley said,

”It would not be my intention to have public comment (then).”

All photographs can be enlarged by clicking on them.

After over four hours of consideration ending at 12:20 AM, the Crystal Lake City Council voted 6-0 to delay consideration of a new watershed manual and ordinance for a month.

The postponement came after technical critiques by Nancy Williamson and Cindy Skrukrud, both members of the McHenry County Defenders.

Yours truly asked that salt, phosphorus and dog poop at the forthcoming McHenry County animal control facility be specifically addressed in watershed manual.

Woodland Drive’s Joe Stecker brought a Skippy Peanut Butter jar of what he thought were small asphalt particles that he gathered where Cove Pond flows into Crystal Lake.

First city Director of Engineering & Building Vic Ramirez presented the staff’s response for regulation, monitoring, tracking, inspection, enforcement and financing made by council members the last time the issue was considered.

Next, Hey and Associates’ Gary Schaefer explained the questions and suggestions made by Crystal Lake Park District engineer Chris Burke. He accepted many of them and explained how the city’s storm water management ordinance covered others.

The recommendations had been made available to the city and Schaefer, but not to the public until Schaefer outlined them. The park board is scheduled to officially receive and discuss the report at its Thursday night’s meeting.

Then, for the second time, Councilman Jeff Thorsen again led opposition to passage of the ordinance and approval of the manual until further changes were made.

Again, Mayor Aaron Shepley had to be satisfied with outlining what further changes he perceived were wanted by the other five council members at the meeting (Cathy Ferguson being absent), including saying that he thought Thorsen’s suggestions were “reasonable.”

While Thorsen was delivering his comments, Shepley periodically talked with city manager Gary Mayerhofer.

Thorsen’s passionately delivered suggestions included

• third party enforcement of the ordinance and manual, instead of city staff’s doing it;



• implementing George Boulet’s suggestion for wells around infiltration basins to make certain that they were not leaking into drain tiles;
• having the watershed ordinance automatically cover any subsequent changes in the watershed manual;
• limiting mass earth grading and instead requiring controlled grading in the watershed (“If the main argument about mass grading versus controlled grading is cost, so be it.”)

“I support a lot of things that were said over there,” Councilman Ralph Dawson said from the other side of the dais.

“I have not had a chance to digest it,” Dawson explained. Thorsen had previously pointed out he had received what was to be voted upon just last Friday.

Dawson also pointed out that the Crystal Lake Drainage District hadn’t been brought into the discussion.

In addition, he expressed his concern that homeowners associations should be given the responsibility for maintaining subdivision infiltration basins and supported “a third party” doing the inspection and enforcement of regulations.

“Are you proposing we outsource?” Ellen Brady Mueller asked Thorsen.

“I’m just proposing we figure it out,” he replied.

“I completely agree we need a third party,” Mueller said.

Thorsen explained that what he wanted was “a watershed monitor, a police dog to make sure it is not failing.”

“Maintenance, too?” Mueller asked, to which Thorsen said he thought that ought to be “part of the enforcement to make sure the maintenance is done.”

Dave Goss agreed that the city shouldn’t “deal with property owners associations.” He preferred Special Service Areas to finance drainage basins. Later, he mentioned special utility taxes on the watershed area might be an alternative. (My observation: since the college does not pay property taxes, a utility tax might be a way to get it to pay its fair share.)

“I would support a third party doing it,” Goss said, pointing out that it “could be overwhelming for staff during part of the year.”

Goss seemed ready to vote for the documents, knowing they could be amended later. He called it “a dynamic document” which “gives us better water quality and quantity going into the lake.” He nevertheless vote with the majority to delay consideration until early November.

In public comments limited to an hour by Mayor Shepley, Williamson noted that both the CVS Pharmacy construction project and the Bryn Mawr subdivision–the one without working sewers northwest of town on Route 176 almost at Route 47 which Rosemary Kurtz investigated –had numerous erosion violations which city staff did not follow up on.

“It took the Illinois Environmental Protection Agency to do your work for you,” Williamson said.

The implementation plan (presented earlier by Ramirez) was just posted yesterday,” Cindy Skrukrud observed.

She said it

• doesn’t include guidelines to show how developments can limit their footprints;
• lacks information on how to control pollution in new developments;
• does not ban phosphorus or salt on the watershed;
• doesn’t require monitoring the quality of storm water before it enters the watershed;
• relies on infiltration basins that are too big;

“Mr. Schaefer has said changes need to be made,” she continued. “Well that needs to be done.

“Then, there’s the whole issue of putting together a plan for development in the watershed,” she added.

Crystal Lake Park Board President Mike Zellman explained that the park board would consider its engineer’s recommendations on Thursday night, but said,

“It seems to me that the experts have come together. It seems to me the city is taking them (the park board’s engineer’s suggestions) seriously. It seems it was a good investment by the Crystal Lake Park District. I hope the recommendations of Burke Engineering will alleviate the objections of most of the objectors.”

Earlier, park board member Mike Walkup had defied Mayor Shepley by commenting on the watershed vote before the item was reached on the agenda.

In the public comment period Walkup, as a member of the park board, asked “that no vote be taken on the watershed ordinance.”

“You’re out of order. You’re out of order,” Shepley said pretty loudly.

“I don’t wish to wait until 1 o’clock in the morning,” Walkup replied forcefully. “I don’t think people should have to lose sleep in order to speak.”

“I spoke to the president of the board at 5 o’clock today,” Shepley said. “He indicated to me that it was not the intention of the board to ask for a delay.”

“Whatever your close friend Mike Zellman tells you is only his personal opinion,” Walkup retorted, adding that at its last meeting the board had agreed it wanted the city to wait until the park district’s engineer’s recommendations could be considered.

Signaling that those wanting more time to make sure the manual and ordinance are as good as possible was Shepley sometime after 11:30:

”There are obviously some concerns that can’t be addressed tonight. So, let’s not approve it tonight.”

He said it doesn’t impact the McHenry County College zoning petition “one way or the other,” saying, “If I were pressed to do it (vote on the watershed tonight), I would.

“If there’s a whole long line of developers out there, they’re not lining up at city hall,” he added.

He asked council members to give specific instructions to city staff.

Brett Hopkins, who served on the city Planning and Zoning Commission before being elected to the council last spring, said, “the third piece is the plan.”

He suggested putting “together a technical advisory committee (to develop) a plan for the watershed.

“This is my passion. I think that third piece is as important as the storm water manual and implementation.”

Dawson seemed to signal that he would be ready to vote for the watershed measures next time.

“We will not get everything discussed tonight in it,” he cautioned.

“There is no sewer and no water in that area,” Mueller pointed out. “The college has its own well and a small sewer. We’re talking between $20 and $30 million to bring sewer and water in that area. Until the sewer and water comes, I don’t think you’re going to see (a rush to development).”

Mueller also pointed out that city staff, under the direction of Michelle Rentzsch, was preparing a plan for the northwest part of the city. The next meeting will be Wednesday, October 17th, if I remember correctly.

“Michelle is the greenest person I know.”

Mueller put forth the last substantive ideas. She asked about banning road salt. Eric Lecuyer, the Director of Public Works, revealed his department plans a pilot program this winter to minimize road salt in the watershed part of the city.

“Where would be the best place to address this?” Mueller asked.

I think she also brought up phosphorus. Certainly, someone did.

“It could be in this manual,” Ramirez relied. “It would be a pretty strict condition.”

Referring to phosphorus, Dawson said, “If a developer developed 10 acres of 100, we want to put the whole 100 acres under it.”

Muller observed that it would “kind of take care of that problem on its own.”

“The lake appears to have the ability to assimilate phosphorus faster than most lakes,” Schaeffer said.

“Do you believe it should be banned?” asked Mueller.

“Absolutely,” Schaefer replied.

“On all property?” she continued.

“Yes, particularly those tributaries to Cove Pond.” (These include already developed areas of Crystal Lake.)

“You can farm without phosphorus?” she asked.

“Not for row crops,” the watershed adviser answered. “They would have to shift to alternative crops.”

“How many (farms) are in the city limits?” Mueller probed.

“Quite a lot of them,” Rentzsch replied.

Dawson then made the motion to continue the issue until the first meeting in November.

Having seen his plans to pass the watershed ordinance and manual derailed twice when public comment had been allowed, Shepley said,

”It would not be my intention to have public comment (then).”

All photographs can be enlarged by clicking on them.