McHenry County Blog

Yesterday McHenry County Blog tried to present the views of those who testified about the new watershed manual proposed for Crystal Lake during the public comment period.

Today this is an attempt to lay out what the council members said after that public comment.

I’ll admit to thinking this would slide though the city council like a curling stone on Olympic ice.

It didn’t.

Although there were questions from council members during watershed consultant Gary Schaefer’s presentation, I’ll start this report at the end of the public comments.

Shepley framed the discussion by saying,

“Action is not the approval or wholehearted acceptance. It is to instruct the city attorney to draft an ordinance. There’s one more step.”

“I think we have a whole other step alluded to by Mr. (Gary) Schaefer,” Councilman Jeff Thorsen interjected.

He referred to the “parallel act of monitoring, financing and enforcement.”

Shepley must have added something, because my notes show Thorsen adding,

”Then why don’t I have that in front of me.”

Councilwoman Ellen Brady Mueller said, “Included in that same ordinance should be enforcement, funding mechanisms” and maybe more.

“Exactly,” said Shepley.

“I know that Gary is waiting there to tell us what the funding mechanism is,” Mueller continued, referring to City Manager Gary Mayerhofer. “There has to be some way that we know we have the ability to monitor these things.

“You’re exactly right,” Mayerhofer replied. “We want assurances in the manual and in the ordinance (that give us a confidence level on both enforcement and funding mechanisms).”

Shepley interjected that there were separate chapters on soil erosion, construction and maintenance.

“We have to make sure we have the ability to maintain and fund the monitoring.

“It should not be on the backs of the taxpayers of Crystal Lake.”

The city manager told of talking to McHenry County College about such guarantees and suggested a Special Service Area assessment or adding the extra cost to water bills for any residential developments.

Mueller seemed insistent that the enforcement and funding be put in the same ordinance as the watershed ordinance.

”I got the impression from Aaron this would be in the same ordinance,” she continued.

“By no means is tonight the end of the road,” Shepley said, throwing my initial impression at what would happen at the meeting out the window.

“There are more steps in the road that will allow due diligence before we adopt a motion to give this the teeth of an ordinance.”

Then, seemingly trying to see if his impression of the developing consensus were accurate, Shepley pointed out that proceeding would be “senseless if we’re not agreeable to the general tenants in this ordinance.”

“I don’t think there is any substantive (disagreement),” Thorsen said, suggesting that George Boulet’s proposal to require a search for drainage tiles within a 50-foot radius of any storm detention pond.

Schaefer agreed that was a good suggestion.

Thorsen pushed on the “funding in perpetuity” issue.

“I’d be willing to be (we agree) Shepley said.

“Is there a consensus regarding funding in perpetuity?”

“My concern is that we don’t want to create something that’s very good in theory…but stuff could be going on that’s harmful,” Councilwoman Cathy Ferguson said.

“Whatever we decide has to be doable…meanwhile the lake is going out the window.

“I don’t want to leave us in a situation where something fails,” she continued.

“I don’t want it to be years before we can do anything…to correct the problem if we see a problem,” Ferguson explained referring to the time it takes litigation to make it way through the court system.

“As we move to enforcement, that’s outside of the design manual,” Schaefer pointed out.

Blake Hopkins and Ralph Dawson had no questions at this point. Councilman Dave Goss did not attend the meeting.

Shepley then asked Schaefer questions brought up by me, among others.

It was brought out that development in the watershed will increase the flow of water into Crystal Lake and that water runs into Crystal Lake faster than it runs out. It was coming in during August at 25-40 cubic feet per second, Schaefer estimated, but going out at only 15 cubic feet per second.

There was discussion of Cove Pond, which is almost the same elevation as the part of Crystal Lake it drains and the role of North Shore Drive in the flooding.

“The only solution to Cove Pond is to increase the outflow to the lake,” Mueller observed.

At this point Schaefer dropped this little bombshell:

”The big problem with the North Shore is that you’d probably ever let it be developed at least to the densities there (now).”

“We’re going to see steadily larger water flow,” Shepley explained.

“My only goal is to protect the watershed,” he continued.

Shepley then asked whether adopting the manual or doing nothing would “put the watershed in greater danger.”

Thorsen seemed to take offense.

“No one is talking about doing nothing.

“Let’s talk about doing it right.”

“I know there was talk of moving North Shore Drive,” Mueller said, asking if there was a reason “other than money” that it wasn’t done.

“I think that’s it,” City Engineer Eric Lecuyer replied.

“I brought that up and I had to run for the woods,” Dawson remembered.

“Why would I want to have (City Attorney) John (Cowlin) draft an ordinance for this that I have no enforcement? How do I see the future?” he asked seeming to give McHenry County College the benefit of the doubt because it was a governmental entity.

He then spoke as if he thought Ferguson disagreed with his position. Ferguson replied somewhat sharply and Shepley said, “Let’s move on.”

“I think Mrs. Ferguson and I can discuss this any time we want,” Dawson replied as Shepley tried to cut him off.

“Why don’t we have the rest of it at the same time?” Dawson continued. “I see nothing wrong with that.

“I’m going to want to see more of this brought to the table.”

“I think we need the implications before we pass an ordinance we can’t enforce,” Mueller added.

At this point the junior member of the council, Brett Hopkins put in his two cents:

”Like any good took, it’s only as good as its implementation. It think this gets into a planning (aspect more) than anything else.

“I think we need to take a step back and see the grand plan.”

Hopkins was elected after serving on the city’s Planning and Zoning Commission.

One thing is certain. There is no master plan for development on the water shed. The MCC baseball stadium revealed first on McHenry County Blog on March 12th was the first significant construction proposed on the watershed.

(Want to have some fun? Type “Baseball stadium” into the search engine on the top of McHenry County Blog and 80-some articles will appear. Two days later, Mayor Aaron Shepley was quoted in the Northwest Herald’s first story
as knowing all about the up until then secret baseball stadium proposal, which originated, come to find out, at city hall with City Manger Gary Mayerhofer.)

But, I digress.

Hopkins also asked about the impact on Lippold Park.

Schaefer’s reply: “I don’t believe there would be any damage to Lippold.”

“I hope we don’t take any action tonight,” Thorsen then interjected. “I would hope to God we don’t.”

“We have a good core working document,” Shepley then said. “I think that’s a good start. If not unanimous, we collectively should have some more information before we take our next step.”

The mayor then went into defensive mode.

You’ll have to wait until later to read about how he didn’t think people were “crazy” to be thinking there’s some connection between consideration of the watershed ordinance and MCC’s baseball stadium zoning request…although, of course, he, like college officials rarely refer to the proposal as a baseball stadium proposal.

The up-until-then silent attorney then revealed:

“Generating an ordinance is going to take some time.”

The council will have the issue on its agenda on September 18th, but the attorney said it would probably take until October to produce an ordinance to vote upon.

“There’s still some input out there,” Thorsen said.

“There will be further opportunity for public comment,” Shepley replied.

Yesterday McHenry County Blog tried to present the views of those who testified about the new watershed manual proposed for Crystal Lake during the public comment period.

Today this is an attempt to lay out what the council members said after that public comment.

I’ll admit to thinking this would slide though the city council like a curling stone on Olympic ice.

It didn’t.

Although there were questions from council members during watershed consultant Gary Schaefer’s presentation, I’ll start this report at the end of the public comments.

Shepley framed the discussion by saying,

“Action is not the approval or wholehearted acceptance. It is to instruct the city attorney to draft an ordinance. There’s one more step.”

“I think we have a whole other step alluded to by Mr. (Gary) Schaefer,” Councilman Jeff Thorsen interjected.

He referred to the “parallel act of monitoring, financing and enforcement.”

Shepley must have added something, because my notes show Thorsen adding,

”Then why don’t I have that in front of me.”

Councilwoman Ellen Brady Mueller said, “Included in that same ordinance should be enforcement, funding mechanisms” and maybe more.

“Exactly,” said Shepley.

“I know that Gary is waiting there to tell us what the funding mechanism is,” Mueller continued, referring to City Manager Gary Mayerhofer. “There has to be some way that we know we have the ability to monitor these things.

“You’re exactly right,” Mayerhofer replied. “We want assurances in the manual and in the ordinance (that give us a confidence level on both enforcement and funding mechanisms).”

Shepley interjected that there were separate chapters on soil erosion, construction and maintenance.

“We have to make sure we have the ability to maintain and fund the monitoring.

“It should not be on the backs of the taxpayers of Crystal Lake.”

The city manager told of talking to McHenry County College about such guarantees and suggested a Special Service Area assessment or adding the extra cost to water bills for any residential developments.

Mueller seemed insistent that the enforcement and funding be put in the same ordinance as the watershed ordinance.

”I got the impression from Aaron this would be in the same ordinance,” she continued.

“By no means is tonight the end of the road,” Shepley said, throwing my initial impression at what would happen at the meeting out the window.

“There are more steps in the road that will allow due diligence before we adopt a motion to give this the teeth of an ordinance.”

Then, seemingly trying to see if his impression of the developing consensus were accurate, Shepley pointed out that proceeding would be “senseless if we’re not agreeable to the general tenants in this ordinance.”

“I don’t think there is any substantive (disagreement),” Thorsen said, suggesting that George Boulet’s proposal to require a search for drainage tiles within a 50-foot radius of any storm detention pond.

Schaefer agreed that was a good suggestion.

Thorsen pushed on the “funding in perpetuity” issue.

“I’d be willing to be (we agree) Shepley said.

“Is there a consensus regarding funding in perpetuity?”

“My concern is that we don’t want to create something that’s very good in theory…but stuff could be going on that’s harmful,” Councilwoman Cathy Ferguson said.

“Whatever we decide has to be doable…meanwhile the lake is going out the window.

“I don’t want to leave us in a situation where something fails,” she continued.

“I don’t want it to be years before we can do anything…to correct the problem if we see a problem,” Ferguson explained referring to the time it takes litigation to make it way through the court system.

“As we move to enforcement, that’s outside of the design manual,” Schaefer pointed out.

Blake Hopkins and Ralph Dawson had no questions at this point. Councilman Dave Goss did not attend the meeting.

Shepley then asked Schaefer questions brought up by me, among others.

It was brought out that development in the watershed will increase the flow of water into Crystal Lake and that water runs into Crystal Lake faster than it runs out. It was coming in during August at 25-40 cubic feet per second, Schaefer estimated, but going out at only 15 cubic feet per second.

There was discussion of Cove Pond, which is almost the same elevation as the part of Crystal Lake it drains and the role of North Shore Drive in the flooding.

“The only solution to Cove Pond is to increase the outflow to the lake,” Mueller observed.

At this point Schaefer dropped this little bombshell:

”The big problem with the North Shore is that you’d probably ever let it be developed at least to the densities there (now).”

“We’re going to see steadily larger water flow,” Shepley explained.

“My only goal is to protect the watershed,” he continued.

Shepley then asked whether adopting the manual or doing nothing would “put the watershed in greater danger.”

Thorsen seemed to take offense.

“No one is talking about doing nothing.

“Let’s talk about doing it right.”

“I know there was talk of moving North Shore Drive,” Mueller said, asking if there was a reason “other than money” that it wasn’t done.

“I think that’s it,” City Engineer Eric Lecuyer replied.

“I brought that up and I had to run for the woods,” Dawson remembered.

“Why would I want to have (City Attorney) John (Cowlin) draft an ordinance for this that I have no enforcement? How do I see the future?” he asked seeming to give McHenry County College the benefit of the doubt because it was a governmental entity.

He then spoke as if he thought Ferguson disagreed with his position. Ferguson replied somewhat sharply and Shepley said, “Let’s move on.”

“I think Mrs. Ferguson and I can discuss this any time we want,” Dawson replied as Shepley tried to cut him off.

“Why don’t we have the rest of it at the same time?” Dawson continued. “I see nothing wrong with that.

“I’m going to want to see more of this brought to the table.”

“I think we need the implications before we pass an ordinance we can’t enforce,” Mueller added.

At this point the junior member of the council, Brett Hopkins put in his two cents:

”Like any good took, it’s only as good as its implementation. It think this gets into a planning (aspect more) than anything else.

“I think we need to take a step back and see the grand plan.”

Hopkins was elected after serving on the city’s Planning and Zoning Commission.

One thing is certain. There is no master plan for development on the water shed. The MCC baseball stadium revealed first on McHenry County Blog on March 12th was the first significant construction proposed on the watershed.

(Want to have some fun? Type “Baseball stadium” into the search engine on the top of McHenry County Blog and 80-some articles will appear. Two days later, Mayor Aaron Shepley was quoted in the Northwest Herald’s first story
as knowing all about the up until then secret baseball stadium proposal, which originated, come to find out, at city hall with City Manger Gary Mayerhofer.)

But, I digress.

Hopkins also asked about the impact on Lippold Park.

Schaefer’s reply: “I don’t believe there would be any damage to Lippold.”

“I hope we don’t take any action tonight,” Thorsen then interjected. “I would hope to God we don’t.”

“We have a good core working document,” Shepley then said. “I think that’s a good start. If not unanimous, we collectively should have some more information before we take our next step.”

The mayor then went into defensive mode.

You’ll have to wait until later to read about how he didn’t think people were “crazy” to be thinking there’s some connection between consideration of the watershed ordinance and MCC’s baseball stadium zoning request…although, of course, he, like college officials rarely refer to the proposal as a baseball stadium proposal.

The up-until-then silent attorney then revealed:

“Generating an ordinance is going to take some time.”

The council will have the issue on its agenda on September 18th, but the attorney said it would probably take until October to produce an ordinance to vote upon.

“There’s still some input out there,” Thorsen said.

“There will be further opportunity for public comment,” Shepley replied.

Reporting, “We get twice the water coming into Crystal Lake as is leaving,” Park District Director Kirk Reimer asked to Crystal Lake and Lakewood to impose a “no wake” rule until the lake level fell.

A pretty free-wielding discussion ensued in which Lakewood Village Trustee Carl Davis suggested promotion of a voluntary “no wake” compliance and the Crystal Lake City Council decided to meet in emergency session Thursday night at 7 to consider the issue.

“We have a glass of water that’s very full now,” Davis said. “When yo have a full glass of water, you walk very carefully.”

Only court imposed requirements that an item must be on a city agenda to be considered valid kept the council from acting Tuesday night.

The city clearly hopes to convince Lakewood Village Trustees to act later this week in an emergency meeting—much sooner than its regularly scheduled August 28th meeting.

Reimer reported that the lake was twelve inches above the spillway at the outlet and he was getting calls about how boat wakes were or potentially could damage piers, boats and lake front property.

“There are piers on the lake that are basically under water. The west end of the Main Beach is one inch below the seawall.”

(You can see both a pier under water and the seawall west of the outlet yesterday in this article.)

He suggested “making the lake ‘no wake’ until it recedes down to a normal level.”

“How does it compare with this spring?” newly elected city councilman Brett Hopkins asked.

“It’s six inches higher than this spring,” Reimer replied. “Half of Lippold Park is under water.

“How long (would the ‘no wake’ policy last)?” Cathy Ferguson inquired.

“If the lake goes down 2 inches, three inches. I just want people to know that this is not of a capricious nature.”

Previously, Davis has suggested the “no wake” policy until the lake went down 3 inches.

“It takes a couple of days for water to get to Lippold Park (from farther north in the watershed).

“The park district really has now say,” Reimer pointed out.

The intergovernmental agreement governing boat operation on Crystal Lake was hammered out over a period of years between the City of Crystal Lake and the Village of Lakewood. Most of the lake’s surface is in Lakewood.

“Can’t the piers be raised?” asked Councilwoman Ellen Brady Mueller.

Shepley then invited Lakewood Village Trustee Carl Davis to speak.

Davis pointed out that two weeks ago when the lake was three inches lower the lake level “wasn’t causing any problem.”

Lakefront property owner Harv Pautz was on unhappy camper.

“I live on the lake and it went from 1 inch below to flowing over the seawall causing a lot of property erosion.

Around Oak Court, the erosion is happening right now!

“The wake is what’s killing us.”

Ironically, the wake caused by the police boat.was mentioned at the council meeting.

“I too live on the lake. I think this board needs to take more aggressive action,” a man whose name I wrote down as “Ken Kamal” said.

“Just put up ‘no wake’ signs.

“How difficult can it be?

“Don’t be a Bilandic-Jane Byrne.

“Then, the board should implement a long-range solution”

“I saw the police boat out there about 4 o’clock creating a wake. He wasn’t chasing anyone.”

“Has anyone been down to the lake to take a look?” another man asked.

“You need to do something period.”

After this criticism the council started talking about having an emergency meeting.

Having made the decision, Councilman Ralph Dawson unloaded on the critics:
“We may sit up here saying nothing looking like dummies.

“I take it personal when you say I’m not concerned.”

He then told of twice going to see what was happening on the North Shore, I think.

“I’ll second that,” said Ferguson.

“I’ll third it,” Brady added.

Park District Director Kirk Reimer was given the microphone during a moved-up “Mayor’s Report” at the beginning of the Crystal Lake City Council last night. One can only imagine that the subject was discussed behind closed doors when Shepley, Reimer, Park Board President Mike Zellman and, perhaps, others met secretly at 6:30 behind locked doors.

= = = = =
All pictures can be enlarged by clicking on them. Only the one of Crystal Lake Ralph Dawson was not taken yesterday.

Mayor Aaron Shepley beat former supporter turned challenged Lori Phelps by a 2 2/3 to one margin.

The vote was 3,156 to 1,181.

Shepley raised 4.8 times as much money as Phelps, showing the power of incumbency.

Shepley reported raising $24,000, while Phelps loaned her campaign $5,000.

The city council put in place after it was enlarged from five to seven members will be missing one of the members who predated the change when newly elected councilmen are sworn in.

That is, if the narrow 14 vote loss stands up.

The two incumbent city councilwomen, Cathy Ferguson and Ellen Brady Mueller, who joined together to solicit campaign funds, ran first and second.

Newcomer to electoral politics Brent Hopkins, a member of the Planning and Zoning Commission, edged out incumbent Howie Christensen by 14 votes. Hopkins reported $3,000 the last time I checked. I didn’t see a report from Christensen.

With a countywide average of just under 10 votes per precinct cast in early and absentee voting, the two will probably be biting their nails until the canvass is completed a couple of weeks from now.

The council vote totals follows:

Kathy Ferguson – 2,404
Ellen Brady Mueller – 2,265
Brent Hopkins – 2,149
Howie Christensen – 2,135
Jim Batastini – 1,817
Carolyn Schofield – 1,533

= = = = =
The top picture of Mayor Aaron Shepley and mayoral challenger Lori Phelps was taken at the Crystal Lake Chamber of Commerce candidates’ luncheon. The two councilwomen who were re-elected come next. Ellen Brady Mueller is on the left and Cathy Ferguson is on the right. At the lower right is presumptive third place winner Brett Hopkins. Incumbent councilman Howie Christensen, who is 14 votes behind Hopkins has his picture at the bottom left.

Mayor Aaron Shepley beat former supporter turned challenged Lori Phelps by a 2 2/3 to one margin.

The vote was 3,156 to 1,181.

Shepley raised 4.8 times as much money as Phelps, showing the power of incumbency.

Shepley reported raising $24,000, while Phelps loaned her campaign $5,000.

The city council put in place after it was enlarged from five to seven members will be missing one of the members who predated the change when newly elected councilmen are sworn in.

That is, if the narrow 14 vote loss stands up.

The two incumbent city councilwomen, Cathy Ferguson and Ellen Brady Mueller, who joined together to solicit campaign funds, ran first and second.

Newcomer to electoral politics Brent Hopkins, a member of the Planning and Zoning Commission, edged out incumbent Howie Christensen by 14 votes. Hopkins reported $3,000 the last time I checked. I didn’t see a report from Christensen.

With a countywide average of just under 10 votes per precinct cast in early and absentee voting, the two will probably be biting their nails until the canvass is completed a couple of weeks from now.

The council vote totals follows:

Kathy Ferguson – 2,404
Ellen Brady Mueller – 2,265
Brent Hopkins – 2,149
Howie Christensen – 2,135
Jim Batastini – 1,817
Carolyn Schofield – 1,533

= = = = =
The top picture of Mayor Aaron Shepley and mayoral challenger Lori Phelps was taken at the Crystal Lake Chamber of Commerce candidates’ luncheon. The two councilwomen who were re-elected come next. Ellen Brady Mueller is on the left and Cathy Ferguson is on the right. At the lower right is presumptive third place winner Brett Hopkins. Incumbent councilman Howie Christensen, who is 14 votes behind Hopkins has his picture at the bottom left.

Yesterday I mentioned the “sign ghetto” along Crystal Lake’s Main Street in front of where the homeless people used to camp.

McHenry County Blog received this comment last night about the Brent Hopkins sign in this photograph:

It is interesting that you noticed that Brett Hopkins added his endorsement to the NWHerald to his large campaign signs.

His large sign on Main Street was stolen today (snipped off at the base of the wire stands)…Brett and Aaron had permission from the property owner to display signs but apparently, numerous other campaigners did not and received calls to remove their signs.

We also noticed that John Burton has randomly placed signs around town…we ended up with one on our lawn and he never contacted us. We thought this was a rule?

Signs, I might note tend to be seen right after posting, but, then, disappear because of familiarity. With the endorsement sign added, Hopkins made his sign look different, hence, noticeable again.

It’s a really good campaign technique.

Yesterday I mentioned the “sign ghetto” along Crystal Lake’s Main Street in front of where the homeless people used to camp.

McHenry County Blog received this comment last night about the Brent Hopkins sign in this photograph:

It is interesting that you noticed that Brett Hopkins added his endorsement to the NWHerald to his large campaign signs.

His large sign on Main Street was stolen today (snipped off at the base of the wire stands)…Brett and Aaron had permission from the property owner to display signs but apparently, numerous other campaigners did not and received calls to remove their signs.

We also noticed that John Burton has randomly placed signs around town…we ended up with one on our lawn and he never contacted us. We thought this was a rule?

Signs, I might note tend to be seen right after posting, but, then, disappear because of familiarity. With the endorsement sign added, Hopkins made his sign look different, hence, noticeable again.

It’s a really good campaign technique.