CRYSTAL LAKE – The city of Crystal Lake told District 155 officials they have until Oct. 16 to start the zoning process for the Crystal Lake South High School bleachers before city officials issue fines or prevent use of the stadium.
In a letter sent to the District 155 School Board on Monday on behalf of the Crystal Lake City Council and signed by Mayor Aaron Shepley, the mayor said it was time for the district to enter the city's zoning process after an appellate court upheld McHenry County Judge Michael Chmiel's ruling that a $1.18 million bleacher expansion was subject to city approval.
Chmiel ruled Friday that the district must go through the process as the continuous violation of city ordinances has "substantially affected" the neighboring residents who initially brought the lawsuit against the school district.
Shepley said the district has until Oct. 16 – the next scheduled court date – to file the necessary papers to start the zoning process. He also added the district must waive its right to appeal Chmiel's decision and the appellate court ruling and agree to complete construction necessary to meet city code by August 2015.
"If the District 155 board insists on continuing to cost taxpayers money simply for the purpose of having a court again tell District 155 that its position is simply wrong, then you should also make it clear to the public that any 'impact' that may be felt by Crystal Lake South students, athletes and families will be at the district's hand and no one else's," Shepley wrote.
If the district fails to comply, Shepley said the city could begin to issue fines – which could have totaled more than $400,000 had it not agreed to postpone enforcement – prevent use of the stadium until it is in compliance, or seek a tear-down order.
Shepley pointed out that the City Council has not taken any of the steps it legally could have as it has tried to work out a solution with the district.
District 155 spokesman Jeff Puma said no decisions have been made on the district's next step as the board has not met since the court ruling and is not scheduled to meet until Sept. 16. Puma said he was unaware of the letter as it was not sent until after district business hours.
"The only 'winners' in this debacle have been your lawyers, who have made over $300,000 assisting District 155 in advancing one untenable argument after another," Shepley wrote. "What we are asking you to do is to consider the consequences of continuing to protract these matters further and to make the decision now to do the right thing."
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