Elburn still attempting to complete Blackberry Creek work

By on September 29, 2012

by Susan O’Neill
ELBURN—The village of Elburn continues its attempts to complete infrastructure improvements left undone by B&B Enterprises within the Blackberry Creek Subdivision.

Village staff in February 2010 began working through the legal process to compel the bond company to complete the roadways within the subdivision. The village has bonds in place through B&B’s insurer to cover the cost of completing the roadways.

Village Attorney Bob Britz on Monday gave the Village Board an update on discussions he has had with the attorney for the bond company.

According to Public Works Superintendent John Nevenhoven, there are a number of streets within the Blackberry Creek subdivision that need a second layer of asphalt in order to keep the exposed layer from decaying. In addition, the stormwater and wastewater pipes have not been maintained during the last several years, which will eventually lead to silt or dirt getting into the pipes.

Nevenhoven said that the village realized in late 2009 or early 2010 that B&B had not completed the infrastructure work in Blackberry Creek. He said that, although discussions between Britz and the bond company’s attorney were taking place, BMO Harris, the bank that had foreclosed on the property, had not responded to the village’s attempts to reach them.

According to Nevenhoven, B&B had worked out a five-year wetlands restoration plan with the Army Core of Engineers. However, by year two, B&B had backed off, and by year three, had stopped doing anything, he said. Although the wetlands planting around the detention pond took place, the developer has done nothing further to maintain the open space or the detention ponds.

Britz’s recommendation to the board on Monday was to cite the bank with an ordinance violation.


  1. rak40

    September 30, 2012 at 8:55 AM

    This report should serve as an alert to those of us concerned about the Elburn Station Project. The devil is, indeed, in the details. Unintended consequences abound! It seems no matter how one tries to protect oneself, as in bonding and “air tight” contracts, we still end up with unfulfilled promises, such as are reported in this article. I hope the Village Board Trustees, individually as well as a board, will have dotted ALL the i’s and crossed ALL the t’s in the Shodeen deal for Elburn Station.

  2. rak40

    September 30, 2012 at 8:57 AM

    If we “cite the bank with an ordinance violation”, will that pave the streets and deal with the wetland restoration?