Monday, July 27, 2009 |
City hires legal counsel to address location of wind farm turbines
Monday, July 27, 2009 - Posted 2:24:49 PM
The Minonk City Council learned at their last meeting on July 20 that there are plans for the Roanoke Wind Farm to place 4 turbines within 1 and 1/2 miles of the Minonk city limits. Mayor Koos and City Administrator Doug Elder learned of these plans at a recent meeting with representatives of Gamesa/Navitas, developers of the Roanoke Wind Farm. The 4 turbines would be placed southwest of the I-39 interchange west of Minonk which is 3/4 of a mile from the city limits.
Tim Vought, a senior project developer with Gamesa Energy, was at the council meeting to discuss the plans for the Roanoke Wind Farm. Vought said he was at the meeting to make sure there is a dialog established between the City and his company.
Mayor Koos told Vought that "according to the letter the City received from your company the earliest we found out about this was June 9, 2009 that there was going to be 4 turbines located within the 1 ½ mile limit of the City of Minonk." Koos said, "my question to you is that last year Wanda Davies came to us in February 2008 to present the Minonk Wind Farm and why wasn’t there a common courtesy with the same amount of time as this one."
Vought responded that he had no idea why this has happened.
Mayor Koos said Miller, Hall, and Triggs, who has been our legal counsel for over the last seven years, is also representing Navitas Energy and they were their legal representatives at the Zoning Board of Appeals’ hearing. Koos said, "As a result I have been informed by Miller, Hall, and Triggs that because of ethical reasons they cannot be our legal representatives for both of us at the same time." Koos said there is a law in Illinois that gives the City a say in the 1 ½ mile radius to the City of Minonk and it is clear and it exists. He added, "As a result there is going to be some legal issues."
Mayor Koos said he asked City Administrator Doug Elder to contact Ancel Glink to see if they would be willing to become the City's special legal counsel and they have accepted. Mayor Koos told the Council that it appears there are some legal issues that are going to have to be resolved that require legal representation in this matter regardless of how the City chooses to proceed.
The City Council approved the hiring the firm of Ancel Glink as special legal counsel for the City of Minonk at $175 per hour, concerning the Roanoke Wind Farm.
Public Comments Harold Tjaden asked if the City has any authority or any comment on a “Wall Dog Sign” (painted mural) on the side of a building in Minonk. He reported that the City of Pontiac, Illinois has 17 of them painted on their buildings as a promotion for “Route 66” through Illinois. He told the Council he would like to place one on a building in Minonk depicting Minonk in 1947.
Mayor Koos said he was not aware of any zoning issues concerning them and as long as they were not offensive he will have the City Administrator Doug Elder research the issue. He also added that it could qualify for TIF money.
Rodney Ruestman reported that he talked with City Administrator Doug Elder last week about putting liens on property that the City mows and he wanted to know if the City is in the process of following up on that.
City Administrator Doug Elder said, "when we mow because of weeds and grass and the property is being foreclosed we run a very low chance of ever collecting the money even though we file a lien on the property after incurring mowing costs, filing fees, and attorney fees. The mortgagee gets paid first and usually in the case of foreclosure there is no money left." City Administrator's Comments • We are working on sidewalks and have prioritized the list from each ward and it is in your packet and the goal is to complete all the number one items this year.
• Pump at the water plant for the reverse osmosis system needs replacing and the total cost will be $2,200.
• Auditors are here this week for the annual audit.
• MFT street repairs have started.
• Water plant has roof shingles that need replacing.
• Public Works Department will be installing siding on the new salt shed.
• New computer has been purchased for my office.
• Talked with TIF attorney Bob Rychlicki as there is some confusion on a couple of parcels in TIF II.
• Reported that he would be meeting with Farnsworth Group engineers Bob Kohlhase and Joe Adams to discuss current projects they are working on for the City.
• The 3 pumps at the waste treatment plant that pump affluent to the lagoon need to be monitored closely.
• Reported that he would be meeting with EDC on Thursday.
• Obtained quotes on revamping the air conditioning at City Hall.
• Talked to vendors about how to get power to the new LED Christmas lights for the business district. Mayor's Comments Announced a Special City Council Meeting for Thursday July 23, 2009 at 6 p.m. pertaining to the 1 ½ mile setback inside the Roanoke Wind Farm issue. Mayor Koos said "that it has come to our attention there are 4 turbines sited within this 1 ½ mile radius and there is State law that gives us authority to at the least have some say in it and at the very most dictate it." He said that even though the County Board will be voting on this issue tomorrow night it is still in our best interest to follow the Open Meeting’s Act and allow for the 48 hours passing.
Mayor Koos said that on Thursday the Council will debate a resolution concerning the 1 ½ mile radius around Minonk. Mayor Koos said that he wants to state to the public that "during this whole process of the Minonk Wind Farm there has never been a position out of the City of Minonk and we have never taken a stand on wind farms because the Minonk Wind Farm fell outside this 1 ½ mile radius. This Council felt that it was not in our jurisdiction in any way shape or form to make any kind of a stand on the Minonk Wind Farm."
Koos said, "However on the Roanoke Wind Farm, I want to let the public know tonight that this farm will come within ¾ of a mile from Minonk. Having said that, it is in Minonk’s best interest both long term and short term to at least assert our rights as a municipality. Even though we may agree with the wind farm, it is still our right to voice our opinion as to what goes on inside that 1 ½ mile radius of Minonk."
Koos added, "The special meeting is not to debate the pros and cons of a wind farm, but does Minonk want to assert its authority given to us under State Statutes to pass a resolution and then pass it on to the Woodford County Board stating that we oppose the location of the 4 turbines inside our 1 ½ mile radius without some type of redevelopment agreement inside the City of Minonk. State Statute prevents the County Board from just coming in and telling us what we are going to do within that 1 ½ mile radius. That 1 ½ mile is there for the City’s protection, the property owner’s protection, and for the Woodford County Board’s protection. When we administer these protections all parties have to be represented equally and that is what the meeting is about Thursday. It is not pro or anti wind farm, but it is about is the City of Minonk going to assert its authority on the 1 ½ mile radius of Minonk which we are entitled to by law."
Mayor Koos said he wanted to be clear that the City is not opposing the Minonk Wind Farm as it falls outside of our 1 ½ mile radius. "The only reason we are getting involved in the Roanoke Wind Farm is because 4 of those turbines will fall within our 1 ½ mile radius and we are not opposed to the wind farm in general, but we do need a redevelopment agreement as it pertains to these 4 turbines."
| |