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HomeMy WebLinkAbout02/06/1996 CS minutes MAYOR GERALD L FARLEY TRUSTEES GEORGE A CLOWES TIMOTHY J. CORCORAN RICHARD N. HENDRICKS PAUL WM. HOEFERT MICHAELE W. SKOWRON IRVANA K. WILKS VILLAGE MANAGER MICHAEL E. JANONIS VILLAGE CLERK CAROL A. FIELDS I?~~ [Q)&~ ' - 2./)-D~ . Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 NEW AREA CODE 847 Phone: 708 / 392-6000 Fax: 708 / 392-6022 TOO: 708 / 392-6064 MINUTES CLOSED SESSION FEBRUARY 6, 1996 The Closed Session was called to order at 9:13 p.m., in the conference room of the Senior Citizens' Center, 50 South Emerson Street, for the purpose of discussing Potential Litigation. Present at the Closed Session were: Mayor Gerald Farley; Trustees George Clowes, Timothy Corcoran, Richard Hendricks, Paul Hoefert and Michaele Skowron. Absent from the Closed Session was Trustee Irvana Wilks. Also present were: Village Manager Michael Janonis, Assistant Village Manager David Strahl and Finance Director David Jepson. Village Board members reviewed Minutes of the Closed Session from the January 16, 1996 joint meeting with the Mt. Prospect Park District. On a Motion by Trustee Hoefert and Seconded by Trustee Clowes, the Minutes were approved by a roll call vote with Trustee Corcoran abstaining. Potential Litigation J~ ~ ~"&.AIII.....-__ ,- 'Zo..o~ Village Manager Michael Janonis provided an update to Board members regarding the recent decision by the Illinois Department of Insurance which seemed to uphold the decision by the Fire Pension Board to grant certain retroactive benefits without corresponding retroactive contributions. Mr. Janonis indicated that Village Special Counsel Terry Barnicle reviewed the Opinion Letter of the Department of Insurance and concluded that it was a weak, unsubstantiated decision at best. Village Board members reviewed a variety of legal options which could be pursued in an effort to reverse the Department of Insurance's decision. Finance Director David Jepson indicated that Mr. Jones has in the past been overturned by the Department Director and that pursing an administrative resolution was one of the avenues he thought we should pursue. There was considerable discussion about whether steps should be taken by the Village Board to withhold payment of these benefits until all legal and administrative options had been reviewed. One cause for concern was whether the payment of said benefits would injure the Village's position in a subsequent administrative or legal proceeding. Mr Janonis was directed to seek advice from Mr. Barnicle on this maUer. ~~ !~ ~?f @S- d~ d~ 2)~ ~@ Mr. Janonis was also directed to make immediate attempt to contact the Director of the Department of Insurance to seek a meeting to discuss this matter. Additionally, Mr. Janonis was directed to contact Representative Krause for any background information she might provide on the Department of Insurance bureaucracy. Staff was directed to provide a status report at a Closed Session of the February 13 Committee of the Whole meeting. At that time, a final decision is anticipated regarding a course of action. Trustee Corcoran raised ongoing concern about the ineffectiveness of the Metra Public Hearing process as it related to getting notice and providing opportunity for comment to residents who are directly affected by the Wisconsin Central Commuter Rail Project. Trustee Corcoran stated that he felt the Village should seriously consider seeking a temporary Restraining Order against Metra and/or Prospect Heights in an effort to stop further construction. In response to Trustee Corcoran's suggestion, Village Manager Michael Janonis stated that while the process had been flawed, there was a commitment on the part of Metra and Prospect Heights to work toward reasonable mitigation efforts, including the commitment to fund portions of the mitigation plan. Mr. Janonis suggested that if the Village took an adversarial role, vis-a-vie Prospect Heights and Metra that funding commitment for mitigation would be withdrawn. Given the fact that the Village Attorney felt that Mount Prospect had little legal recourse in seeking removal of the Station, efforts at developing a viable mitigation plan seemed to be the next best solution. Discussion among Board members resulted in a consensus opinion that the notice mechanism for this project was lacking and that perhaps the issue should be raised with Representative Carolyn Krause to see that statutory provisions change and broaden. However, given the current circumstances, the majority of the Board felt it better to pursue a cooperative effort to develop a mitigation plan at this time. The Village Manager was directed to continue working with Metra and Prospect Heights in development of same. Village Board members also directed the Village Manager to seek responses to the questions which were raised at the January 30 Neighborhood Meeting. Sale of Property Mr. Janonis informed Board members that he had received on this day a letter of intent l...-r from Mid-City National Bank expressing an interest in purchasing the three Village-owned ~ . lots on Emerson Street at Central Road. The letter of intent contained an offer of :;;_',,~ $400,000. This offer was contingent upon successful site planning and rezoning of the property for a small bank facility with a drive-up teller window. Mr. Janonis was seeking the Board's direction whether this offer was something the Village Board wanted to consider. ~() ~" ~~ d' ~~ ~~ c:.~ ~!:D C-,- :J S? =).--\ I!!:s@ Discussion among Board members regarding a desire to sell the property resulted in a consensus that: 1. There was little support for a banking facility at this location. Traffic concerns and limited space for curb cuts suggested that the site was not conducive to this type of use. 2. The majority of Board members felt that prior to selling this property, there should be in place a master plan for other redevelopment opportunities in the downtown area. Selling land off at this point for this type of use was viewed as short-term, piecemeal planning. 3. There was also concern expressed that the Library should be consulted regarding their future plans and to determine if there was continuing interest in the property. Based on the aforementioned concerns, the Village Manager was directed to inform Mid- City National Bank that there was no interest in selling the property. There was a Motion by Trustee Hoefert and Seconded by Trustee Clowes to come out of Closed Session. On a Roll Call vote of Mayor Gerald Farley; Trustees George Clowes, Timothy Corcoran, Richard Hendricks, Paul Hoefert and Michaele Skowron, all voted to adjourn Closed Session meeting at 10:08 p.m. No action was taken or further business discussed. On a Motion by Trustee Skowron and Seconded by Trustee Clowes, the Board meeting adjourned at 10:10 p.m. M EJ/rcc