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HomeMy WebLinkAbout06/07/1994 CS minutes IY!AYOR GERALD L. FARLEY TRUSTEES GEORGE A. CLOWES TIMOTHY J. CORCORAN RICHARD N. HENDRICKS PAUL WM. HDEFERT MICHAELE W. SKOWRON IRVANA K. WILKS VILLAGE MANAGER MICHAEL E. JANONIS VILLAGE CLERK CAROL A. FIELDS -- ~~ '1 =r-:n i'C:'r...~rc:l -" -=-'= :}j~:SL!:::~e;1.S -,-~~ \- 2-D...()~ _ ..r_.... __ Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 Phone: 708 / 392-6000 Fax: 708 / 392-6022 TOO: 708 / 392-6064 MINUTES EXECUTIVE SESSION JUNE 7, 1994 The Executive Session was called to order at 11 :34 p.m., in the conference room of the Senior Citizens Center, 50 South Emerson Street, for the purpose of discussing Litigation and Property Disposition and Property Acquisition. Present at the Executive Session were: Mayor Gerald Farley; Trustees George Clowes, Paul Hoefert, Michaele Skowron and Irvana Wilks. Absent from the Executive Session were: Trustees Timothy Corcoran and Richard Hendricks. Also present were: Village Manager Michael Janonis, Assistant to the Village Manager David Strahl and attorney Don Moran from the law firm of Pedersen and Houpt. litiQation Mr. Don Moran reviewed with Board members the status of the Hemphill lawsuit. He indicated that the events surrounding this case are approximately six years old. Hemphill, the plaintiff, had made claims against the Village in the amount of approximately $350,000 for alleged soil conditions at its TIF redevelopment Project. Up until recently, Mr. Moran indicated that very little activity had taken place with regard to Hemphill's prosecution of this case. Since Hemphill's bankruptcy last year, the Bankruptcy Trustee has been pushing for settlement of the suit. The latest demand from the plaintiff is in the amount of $70,000. Mr. Moran indicated that a Status Hearing had been set for June 10 at which time the Judge would determine if settlement was possible or, in the alternative, that the case should proceed to trial. Mr. Moran reviewed the strengths and weaknesses of the Village's case. He indicated that on the face of the available documents, it would appear that Hemphill had a legitimate claim for damages. A previous attempt by the Village to dismiss the Case was rejected by the Court. Mr. Moran did state, however, that it would still be Hemphill's burden to prove its Case. Mr. Moran also indicated that the Village's Case would hinge on the testimony of the former Village Manager John Dixon and his recollection regarding verbal side agreements which he claims were made between the Village and Hemphill. Mr. Moran indicated that if enough doubt could be raised about the meaning of the written documents, a Judge would probably allow testimony describing the way the documents were being interpreted in fact. Board members discussed the impact that the bankruptcy would have on Hemphill's ability to prosecute the lawsuit. Mr. Moran indicated that he estimated legal fees to the Village for the Discovery portion of the trial would be $20,000-$25,000. It was indicated that the Village had previously made a settlement offer to Hemphill of $22,000. Mr. Moran indicated that he thought a settlement could be achieved for between $30,000-$40,000. After discussion by Board members, it was decided that Mr. Moran would have the authority to settle the case up to $35,000. Mr. Moran indicated he would begin with an offer in the area of $20,000. Property Disposition The Village Manager reported the results of a meeting that he and the Mayor had with Marilyn Genther, Executive Director of the Mount Prospect Public Library and Jackie Hinaber, President of the Mount Prospect Public Library Board, regarding the Village- owned land across the street from the Library. Ms. Genther indicated that current Library expansion plans indicated a facility with a total size of approximately 100,000 square feet. Based upon Village Codes, it was estimated that an additional 100 parking spaces would be necessary as part of the development. It was clear that the additional parking could not be accommodated on the Library's current site. Therefore, the Library was interested in working with the Village to provide for the necessary spaces on the vacant land. Mr. Janonis indicated that the Village Board had previously determined that value would have to be received for the land. Mr. Janonis also indicated that the Village Board was also interested in seeing some type of long-range plan for the redevelopment of the entire east side of Emerson Street from Central to Busse Avenue. It was also indicated that if the Village received a bona fide offer from a prospective purchaser that it would be obligated to seriously consider said offer. Village Board members reconfirmed the requirement that value be received for the property. Library staff would bring forward more details regarding their expansion plans once their architect had finished more detailed work. Board members asked to be kept advised of developments in this matter. Property Acquisition Village Manager presented a concept for the possible acquisition of additional space for Village Hall operations. Mr. Janonis estimated that Village Hall, with a current size of 15,000 square feet, was approximately 10,000-15,000 square feet short of the necessary space needed for adequate accommodations for existing Village operations. Mr. Janonis indicated that preliminary discussions with the Superintendent of School District 57 and the Executive Director of the Mt. Prospect Park District had generated interested in the possibility of sharing the soon to be vacated Westbrook School for various administrative offices and Park activities. The 52,000 square foot school would require an estimated $3 million in renovation to provide air-conditioning, abate asbestos and bring the building in compliance with ADA standards. Mr. Janonis suggested that a number of Village operations could logically be moved to Westbrook School without disrupting residents' ability to secure Village services. Mr. Janonis indicated that his discussions with the School and Park Districts were extremely preliminary and that the $3 million figure was not a firm number. Mr. Janonis also indicated that besides the Village's contribution to the renovation of Westbrook School, there would still need to be attention given to the existing Village Hall. After brief discussion, it was the consensus of Board members that the Village not pursue space at Westbrook School. Board members directed staff to move forward with a Space Utilization Study for the existing Village Hall. There was no other business discussed. The Executive Session was adjourned at 12:35 a.m. M EJ/rcc