HomeMy WebLinkAbout03/26/1996 CS minutes
WiAYOR
GERALD L FARLEY
TRUSTEES
GEORGE A CLOWES
TIMOTHY J CORCORAN
HICHARO N HENORICKS
PAUL WM. HOEFERT
MICHAELE W SKOWRON
IRVANA K. WILKS
VILLAGE MANAGER
MICHAEL E JANONIS
VILLAGE CLERK
CAROL A FIELDS
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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
CLOSED SESSION
MARCH 26, 1996
The Closed Session was called to order at 9:06 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 L. Farley; Trustees
George Clowes, Richard Hendricks, Paul Hoefert, Michaele Skowron, and Irvana Wilks.
Absent from the Closed Session was Trustee Timothy Corcoran. Also present were:
Village Manager Michael Janonis, Assistant Village Manager David Strahl and Village
Attorney Everette Hill.
Village Board members reviewed Minutes of the Closed Session from the March 5, 1996
meeting. On a Motion by Trustee Hoefert and Seconded by Trustee Skowron, the
Minutes were approved by a roll call vote of Mayor Gerald Farley; Trustees Clowes,
Hendricks, Hoefert, Skowron and Wilks.
Potential Litigation
Village Manager Michael Janonis informed Board members that Concord Developers
were intending to move forward on their proposed townhouse development for the
unincorporated parcel located at Wolf and Kensington Roads. Mr. Janonis expected
Concord to request final consideration from the City of Des Plaines relative to their
annexation/zoning petition.
Mr. Janonis also reported that he and Village Attorney Buzz Hill had met with
representatives from Concord to discuss possibilities for stopping the project. Concord
admits that the Village of Mount Prospect successfully annexed a portion of the subject
parcel during a 1971 annexation. Concord, however, was looking for ways to circumvent
Mount Prospect's zoning jurisdiction. Mr. Janonis reported that the discussions resulted
in no agreement by Concord to withdraw its petition.
Attorney Buzz Hill indicated that he felt Mount Prospect must move quickly to establish
its jurisdiction over the parcel. Therefore, he was requesting permission to seek a
Declaratory Judgment in the Circuit Court. In having a Court recognize the Village's
jurisdiction, it would prevent Concord from cutting Mount Prospect out of the process.
Mr. Hill also stated that he felt if litigation were to occur, Concord would ultimately prevail
because a Court would not allow Mount Prospect to thwart development based on a
relatively small claim of jurisdiction.
Discussion among Board members resulted in a consensus that the Village file for a
Declaratory Judgment. Mr. Hill was instructed to proceed with dispatch. Staff was
directed to keep the Village Board informed of the status of the filing.
Since Mr. Hill was in attendance, he took the opportunity to quickly brief the Board
members on the status of the RJN litigation. Mr. Hill stated that a recent deposition of
RJN's key staff person resulted in several incriminating admissions that RJN did not use
due-diligence in designing the Hatlen Heights Sanitary Sewer Project. Mr. Hill felt
confident that the Village would prevail in any trial. Mr. Hill stated that the current Court
date was scheduled for January 1997.
There was a Motion by Trustee Clowes and Seconded by Trustee Wilks to come out of
Closed Session. On a Roll Call vote of Mayor Gerald Farley; Trustees George Clowes,
Richard Hendricks, Paul Hoefert, Michaele Skowron and Irvana Wilks, all voted to adjourn
Closed Session meeting at 9:37 p.m.
No action was taken or further business discussed. On a Motion by Trustee Wilks and
Seconded by Trustee Clowes, the Committee of the Whole meeting adjourned at
11 :47 p.m.
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