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Wind Up Arguments In Development Proposal Richard Heimberg (right), attorney for Residential Development Group, presents his final arguments to the McHenry Zoning Board of Appeals Monday night as RDG president Donald Gerstad looks on. Heimberg and Jeffrey Ladd, representing objectors to the developers' planned unit development, Winding Creek, were both allowed time for final arguments as the Winding Creek zoning hearings near a close. Deliberation and discussion by the board on the matter is scheduled for Friday, March 9, at3 p.m. A vote on the PUD could be taken at the next hearing. STAFF PHOTO-JOE DEHN Man Loses Shirt To Thief The Zoning Board of A| heard final arguments in the Residential Development Group's petition on the Winding Creek Development Monday night, concluding testimony in the lengthy proceedings. Attorney Richard Heimberg, representing the petitioner, and Jeffrey Ladd, representing objectors, made final presentations to the board. "This is a bad plan," charged Ladd, in reference to the PUD. "It was conceived and presented in ignorance." He said the plan needed to be reviewed by a professional planner. "Mr. Ladd feels this is a bad plan," Heimberg rebutted. "I feel this is a good plan. He it no more qualified than'I am to make a statement regarding the plan, and I admit it." The RDG attorney told the board the objectors presented no witnesses on their behalf to refute any evidence presented by the petitioners. "I have to question why they didn't bring in any witnesses to rebut any testimony," he said. "All evidence in the hearings was presented by the petitioners." Heimberg opened the meeting by indicating to the board he would not insult them by rehashing everything that had been said at the many hearings. •Ladd countered by speaking for approximately 45 minutes, •gain attacking the traffic and fiscal impact study prepared by Harlem Bartholomew & Associates for the city. " "The McHenry com­ prehensive plan calls for this ttpe of development in the Wea," Heimburg explained, "Snd this is just an extension of the Boone Valley PUD." He reminded the board that RDG had been in the community for about 15 years and had an "established track record". Ladd presented a letter from Charles Liebman, president of the village of Bull Valley, which objected to the density of the development.' Heimberg classified the letter an "arrogant attempt to impose thoughts" on the board and the city. Ladd, whose firm represents Shamrock Beef Cattle cor­ poration and neighboring and adjacent land owners to the property in question who ob­ jected to the petition, attacked the Bartholomew study, saying "Figures used were questionable all the way down the line." Ladd said costs assigned to non-residential uses for municipal services were in­ correct and said the 12-year proposed buildout for the development could actually be less. He charged that revenue projected to be received by the city from the commercial development proposed for the corner of Crystal Lake and Bull Valley roads amounted to "pie in the sky projections." "Income would not be realized (from the commercial center) until completion of the entire project so the market will be developed," he said. The fiscal study showed the city receiving income from the commerical center in 1983. "This development does not pay its own way," he said. "It's far from it." --- V Ladd said traffic which will be generated by the develop­ ment needs more study. He explained many conclusions reached in the study were unsupported and the entire traffic study needed more analysis. Ladd asked the board to consider the effect of the development on surrounding properties. He said the smell from the feedlot at the Shamrock farm on Draper road and dust from the farm's equipment on the road will present a problem for the development. "You are casting the die for the property to the south and west of the city," Ladd told the board. He explained the develop­ ment will increase the total land size of the city by 17 percent, the population by 37 percent, increase the enrollment in the schools, and "traffic could become so in­ tense it could literally strangle the downtown area." "You should only grow as (Continued on page 17) Of the numerous acts of theft and vandalism in the area this past week, the most unusual had to be an incident at Wonder Lake in which Victor Gustavson of 5309 Barnard Mill road, literally lost his shirt. Gustavson told police that at 6 o'clock one night he placed clothes in three machines at the Wonder Lake Laundromat on E. Wonder Lake road and went to a nearby bar while the clothes washed. When he returned, he discovered all the clothes (mostly pants and shirts) were missing. Robert Resek, 3414 W. Lake Shore drive, Wonder Lake, told police Tuesday morning that somtime during the early morning hours, someone en­ tered his vehicle by forcing open the rear door. The offender, who was ap­ parently not seen or heard, stole a 23-channel CB radio, a fuzz Buster, a digital clock, gloves, jumper cables, boots and tools. At 9 p.m. Sunday, sheriff's police investigated the report of three youths shooting at street lights in the area of Nimitz and Stillwell in Wonder Lake. The identity of the youths, who fled on foot when they were seen, has not been determined. Sunday evening, Frank Kosierowski, Chicago, reported sometime since the last time his summer home at 1304 W. River Terrace was visited, someone had broken out an attic window and entered the residence. Evidence indicated the of­ fender had been throughout the home and damaged a screen, but nothing was determined to have been missing. Earlier Sunday evening, Bruno Kowalski, Cicero, reported that sometime since Feb. 3, sixteen windows at his summer home at 1218 W. River Terrace hadbeen broken. . The home had also been entered and a circular saw taken., Sunday morning, Raymond Ultsch, Palatine, reported that during the night, while his van was parked at 3408 W. Lake Shore drive, Wonder Lake, someone forced open a vent window to enter the vehicle. The offender stole a 40- channel CB radio with the mounting bracket and antenna. At 9:10 a.m. Sunday, police investigated a burglary at the unoccupied summer home of Santo Bisceglia, Hanover Park, at 320 Riverside drive. Someone had entered the home by breaking the glass in a garage door. Although boxes which had been packed for moving had been overturned, nothing was reported to have been taken. Tires were reportedly slashed on autos parked at two residences Saturday night. (Continued on page 17)* THE MCHENRY PLAINDEALER "SERVING THE CHAIN-O-LAKES REGION SINCE 1875 VOLUME 103 NUMBER 62 FRIDAY. MARCH 2, 1979 2 SECTIONS 24 PAGES 20' Municipal Leaders Defend Zone Influence Area The McHenry County Municipal association (city and village mayors, presidents and administrators) moved to defend the municipalities' planning and zoning influence area (the mile and half provision granted by state statute) which is under attack; in a suit by Material ServiW, port of the legal action com., a lame gravel company ""Homey Michael Pl£er i operating in the county, at a meeting at Sasha's Wednesday night. The group authorized the initial appearance by an area law firm to advise the Circuit court of their stand while the municipalities try to line up their boards in financial sup- At- noted Focus Of Meeting Gifted Child In Today's School At an instructional meeting of Elementary School District 15, held at Hilltop school Tuesday night, discussion was devoted to both the gifted child and the special educational needs of educationally deprived children. About twenty parents were present, wanting to know why more money was not for­ thcoming from the state for gifted children. They were told that application has been made but the state has informed sdvool districts it simply has no more money to be allocated for that purpose. Cathy Berlinger of "the District 15 faculty made her presentation concerning the Gifted program carried out in the local school system, and then requested a full time, itinerant teacher to work in this program. Several parents spoke about their personal experiences with their gifted children and the need for these young people to be motivated to achievement by more than they receive in an ordinary classroom setting. One father was disappointed that some type of program was not held in connection with the eclipse of the sun on Monday. He suggested as one means of assisting these children to have the top 25 percent of the students in one class, the bottom 25 percent in another and to establish a third classroom for the average pupil. In response, Dan DeRoche of the administrative staff said the school liked to have the 7"% * " 1 in' All the signs are there- leaking roofs, rivers where sidewalks should be ac­ commodating pedestrians, ice patches that threaten - Winter had its hazards, but they were small compared to the pre-Spring thaw. A brilliant Cardinal bird, more accurate than any groundhog, proclaims in spirited song that the advent of a new season is at hand. And everybody is smiling! Some things remain the same, and the changing seasons is one of them. ^Followers of our Twice Told Tales column read, with a smile, the account of an in­ cident 25 years ago in which a snowball fight was in progress at one spot in town, while in another a merchant was bringing outside a new line of lawn mowers to entice prospective buyers. Just to add to our impatience in heralding the actual arrival of Spring is a card received from former Police Chief Ken Espey. Bright pictures showed orange picking in his new Florida home state, contrasted with a snowball fight in Illinois. Spring is a nostalgic time. A few Wonder Lake residents may be able to recall that it is now a half century ago that it received its name as plans went forward to build the artificial lake. Predictions were that Ring- wood was about to get the big opportunity of a lifetime, its future "is assured and unlimited advantages will present themselves and even unlooked for opportunities will arise". Fifty years have passed. Wonder Lake has grown tremendously, although still unincorporated. Nearby is Ringwood, still nestled quietly between fast growing cities and develop­ ments. It remains one of the few very peaceful communities virtually untouched by the maddening p£& to get bigger faster As we drive through its wide main street almost any day, there is a feeling of going back to another day in McHenry. This is not to say that growth and progress are not part of our time--of any time. But just as needed are those few spots, like Ringwood. where we can catch our breath and reflect in this placid atmosphere on quiet thoughts. They may not be earth shaking thoughts, but they can sometimes be more valuable than the ac­ complishments of a hectic day behind the desk or out on a busy street Ringwood--and little places like it all over our country-are some of the most treasured havens we have this year of 1979. KAF children mingle to give each other support. Other ideas were also set forth in behalf of giving these students more incentive. Ms. Berlinger noted that at present the district is funded by a $5,480 reimbursement from the state as well as $3,000 allowed in the local district budget. Dr. Richard Farmer, superintendent, commented that the school wants to do all that is possible for these children, but noted any further expenditure would necessarily result in a curtailment somewhere else in the budget. A vote on the employment of the full time, itinerant teacher was unanimous, after which board member Anna Mae Cuda suggested that specifics of the program be considered at a later time. Ms. Berlinger also presented results of the Title I evaluation in the district, which is funded by $45,601 in federal money. It is used for the needs of educationally deprived children. She told the board there are 168 children enrolled in th£ program; however, only 72 will be selected from the existing program to participate in summer school work. Presently, the special work is in the areas of reading and math, but in line with a directive of' the evaluation, services will need to be reduced next year. This cut-back will have its start in summer school, where the focus will be on reading alone. A request was made for state funding to educate a Special Education student who is hospitalized. The approved board request will now go to SEDOM and then to the state. In other business, approval was given for Parkland school to be used for the annual Trade fair. An executive session closed the meeting for the purpose of discussion of a disciplinary problem and salaries for transportation personnel. . that an adverse court ruling would affect every city and village in the state. Back of the officials' concern is the suit filed on behalf of Material Service by the Crystal Lake firm of McGuire, Bishop and Kelly against the county of McHenry, the county clerk and Richard O. Klemm as chair­ man of the County board, which seeks to overturn a denial by the County board of a zoning change permitting the operation of a gravel pit southeast of Crystal Lake. The target of the Count II of the suit is Chapter 34, Section 3158 of the Illinois Revised Statutes which, the attorneys allege, "illegally discriminates against the class of citizens who own property in McHenry county within the one and one- half miles of a municipality and is contrary to the provisions of Section 13 of Article IV of the Illinois Constitution of 1970 (equal protection)" Poper and John McPhee, president of Lake in the Hills, warned that if this provision is declared unconstitutional, the county will be able to rezone right up to the city or village limits in spite of their ob­ jections with only a majority vote instead of the three- fourths now required upon receipt of a city objection. In effect, Poper said, the cities with approved plans would lose control over the destiny of the surrounding area and this could cause stagnation by eliminating the possibility of growth beyond the city limits. It was characterized as another irritation in the (continuing) attempts to erode the village capabilities to control their own destinies. Poper and McPhee suggested that the mayors, through the association, intervene in the court action. Poper said he didn't know if the county will defend "Count II" of the suit, the city influence provision which, he suggested, the County board might consider a nuisance. He said the 28 municipalities of the county could lessen the as yet un­ determined cost impact of the legal action more ably than if three or four of the cities most closely affected tried to fight it. Richard Hyatt, president of Lakemoor, said that since the decision would affect all the cities and villages of the state, why not involve the Illinois Municipal league to spread the cost. Steve Aradas, planning director for McHenry county, questioned the assertion that the county would not defend the cities' position and suggested they talk with State's Attorney William Cowlin and Klemm to find out. Poper urged the mayors to set up a "watch dog com­ mittee" on the suit and get going on the action to defend it. "Don't try to do it three months after the horse is out of the barn," he cautioned. A court appearance would be required in 15 to 20 days, he said. Mayor Joe Stanek of McHenry agreed with Poper and pointed out that Crystal Lake had lost five of six ob­ jections to the county over zoning actions on their periphery and that McHenry had lost one (the Miller proposal).' He said that municipal interests didn't necessarily coincide with that of the county. He also urged action to preserve the mile and half area and as an example pointed up the hodgepodge of uncontrolled growth that sprung up around McHenry in the past that the city now has to zone around. He thought it was in the interest of the city to support it (legal action against the suit) to buy time while asking others to join in. Poper noted that LITH, Algonquin and Cary, all located in the gravel pit area, would fight the suit, but it would be better to fight together than piecemeal. He claimed the power "is in this room", the mayors with their political affiliations could do con­ siderable good. Arlene Fetzner, mayor of Crystal Lake, said that the feeling she received from her Council was that they would support the action. Her suggestion, which was turned into a motion, was to spread the cost to interested municipalities on a per capita basis and take the issue back to their individual boards for approval. The assessment would be made if the villages agreed to go along Poper was also authorized to make the initial court appearance until an attorney could be selected. McPhee, president of the association, appointed a committee consisting of Mayors Stanek, Rose Lillegard of McHenry Shores and Frances Kuhn of Woodstock, to work with the attorneys in defending the cities' interest in the law suit. Pre-Spring Thaw Work Zoning Hearings On Proposed Amendment chambers. Interested parties are invited to attend. Many persons have also asked for zoning hearings for the same reason in Nunda township, which includes much of the area just south of McHenry. The hearings are scheduled for March 12 at 1 p.m. at the Crystal Lake City Council chambers. Numerous individuals have requested zoning hearings before the McHenry County Zoning commission in con­ junction with the proposed comprehensive zoning amendment for property located in McHenry township. The hearings are scheduled for March 7. at 1 p.m. at the McHenry City Council Discuss Animal Control At County March 8 Meet The Health and Agriculture committee of the McHenry County board will be meeting in the McHenry County board room March 8. for the primary purpose to discuss the Public Health ordinance Proposed Article XVII - Animal Control. All persons interested are urged to attend and make comments concerning the proposed article The Health and Agriculture committee will take into consideration these comments in their deliberations on the article prior to making a recommendation concerning it to the County board. Individuals desiring a copy of the proposed article may obtain copies by contacting the McHenry County Department of Health in Room 103 of the McHenry county courthouse "If we don't get a real heavy rain or very warm weather we'll be all right." City Superintendent of Public Works Fred Meyer explained that the city storm sewer system would be capable of handling the thaw of the record snowfall in the area. Meyer's crews have been busy in recent days clearing snow from storm sewers to enable the water to enter the system. Meyer said i gradual thaw would not present any problem* and no flooding should occur. Public Works department employees have also begun patching pot holes in area streets, created by the poor winter weather conditions. STAFF PHOTO-JOE DEHN