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HomeMy WebLinkAbout10/21/1997 CS minutes MAYOR Gerald L. Farley Phone: (847) 392-6000 Fax: (847) 392-6022 TOO: (847) 392-6064 TRUSTEES George A. Clowes Timothy J. Corcoran Paul Wm. Hoefert Richard M. Lohrstorfer Daniel A. Nocchi Irvana K. Wilks VILLAGE MANAGER Michael E. Janonis Vi lage of Mount Prospect VILLAGE CLERK Carol A. Fields South Emerson Street Mount Prospect, Illinois 60056 MINUTES CLOSED SESSION OCTOBER 21, 1997 ~ The Closed Se~ion was called to order at 8:45 p.m., in the conference room of the Senior Citizens' Center, 50 South Emerson Street, for the purpose of discussing Litigation and Property Acquisition. Present at the Closed Session were: Mayor Gerald L. Farley; Trustees George Clowes, Timothy Corcoran, Paul Hoefert, Richard Lohrstorfer, Daniel Nocchi and Irvana Wilks. Also present were: Village Manager Michael Janonis and Assistant Village Manager David Strahl. Board members reviewed the Closed Session Minutes of the October 10, 1997 There was a consensus that the Minutes as drafted were accurate. Mayor Farley indicated that the Minutes would be formally adopted in open session. Litigation Village Manager Michael Janonis informed Board members that Village Attorney Everette Hill had been contacted by the Mt. Prospect District attorney Tom Hoffman with what Mr. Hoffman described as a courtesy call to let Mr. Hill know that the Park District Board had authorized Mr. Hoffman to draft a Complaint and file same against the Village for the failed rezoning attempt of the Trade Service's building. According to Mr. Hill, Mr. Hoffman stated that the lawsuit would be filed by the end of the year. Mr. Hoffman also indicated that he would be available to discuss a change in the Village's position regarding the Trade Service's rezoning that could result in a decision by the Park District Board not to file Suit. Mr. Janonis indicated that Mr. Hoffman offered no theories on which the Park District Board might proceed. Mr. Janonis speculated that possible theories could be: (1) A claim under the Wilmette Case that the mission of the Park District had been thwarted, (2) A claim that our Zoning Ordinance is defective and (3) That the Zoning Board and/or Village Board acted arbitrarily and capriciously in denying their request. Mayor Farley indicated that he felt such a Lawsuit would be a tremendous waste of public funds. He indicated a desire to enter into discussions with the Park Board at the appropriate time to see if excessive expenses could be avoided. Mayor Farley suggested that these discussions not take place until after the Lawsuit had been filed. Trustee Nocchi suggested that the Mayor and Village Manager meet with their counterparts of the Park Board to talk about the issues. Trustee Wilks inquired as to whether there was a possibility that the Park District might refile a ZBA Case instead of filing Suit. Trustee Corcoran responded that it was very unlikely. . I 'f--/ ,.!/, Village Manager Janonis indicated that in an effort to reduce expenses and reach a settlement as opposed to full-blown litigation, that once the Suit was filed, the parties could enter into some negotiations regarded stipulated facts and from there either seek a Declaratory Judgment from the Court or effectively limit the potential scope of the trial. . -. , ~. Trustee Clowes recommended that discussions not take place until a Lawsuit had been filed. After brief additional discussion, the consensus of the Village Board was to wait for the Lawsuit to be filed and refrain from discussions with the Park Board at this time. Village Manager Janonis indicated that he would keep Board members apprised of any further developments. Property Acquisition Village Manager Michael Janonis distributed information to Village Board members about the asking price of a number of properties located within the downtown. Asking prices indicated greatly inflated expectations given recent acquisition costs for the same '\ /properties. The Village Board expressed no interest in pursuing any of these properties (/'r~, / <- ) ~at the present time. -\.~, ~...'" > \," Mr. Janonis then reviewed with Village Board members current efforts to negotiate a purchase of the Francek properties (2-10 East Northwest Highway). Mr. Janonis indicated that the Village's appraiser was having trouble getting into the interior of the buildings to complete his appraisal. Mr. Janonis had had recent conversations with Ms. Francek in an effort to arrange for access. At that time, Mr. Janonis became aware that the properties had, in fact, been listed with a broker and were being marketed. Mr. Janonis further reported that he had some reports that there might be an offer for the property pending. Mr. Janonis finally reported that he had expressed his frustration to Ms. Francek given her consistent statements that she was interested in selling her properties to the Village yet continued to take actions which appeared contrary. Village Board members expressed their own frustration with the slow pace of negotiations. Trustee Nocchi suggested that it would be necessary to at least begin taking the necessary public steps toward the use of Eminent Domain as a means of indicating the Village's intentions with regard to the property. Trustees Corcoran, Hoefert, Lohrstorfer and Mayor Farley indicated support for such Village action. Trustee Nocchi suggested that the Board, upon reconvening in open session, direct staff to place on the November 5 Board meeting Agenda appropriate Ordinances that would allow for use of Eminent Domain with regard to this property. Mr. Janonis provided an overview of the process of Eminent Domain including estimates of the cost to pursue such litigation. Mr. Janonis noted, however, that in most cases such Suits were settled prior to a full trial. It was noted that each party would be responsible for its own costs. Trustees Clowes and Wilks felt that further negotiations with the Franceks were preferable, at least at this time, to public statements which might be misinterpreted as being heavy handed. " v \1>.> " There was discussion regarding where negotiations stood and Mr. Janonis reported that the current appraiser had given a preliminary estimate of value at around $450,000. Trustee Clowes suggested that the Village's offer should at least reflect the current appraised value. Trustee Wilks suggested that the process needed to be handled delicately so that the owner had the opportunity to save face. There was additional discussion regarding appropriate price and the way the Village Board's intentions should be communicated to the owner. After lengthy additional discussion, consensus of the Board was to make a firm offer through the owner's attorney for $450,000 for all four buildings and to indicate that the Village Board was prepared to begin Eminent Domain proceedings if the owner remained unresponsive. Village Board members directed the Village Manager to have the Village Attorney draft the appropriate letter and get same into the hands of the Franceks' attorney as early as possible on Wednesday, October 22. A deadline for response was set for the end of business on Monday, October 27. There was general agreement among Board members that they would take public action to direct staff to place the Eminent Domain Ordinance on the November 5 Agenda depending on the response from the Franceks. There was no other business discussed in Closed Session and on a Motion by Trustee Nocchi and Seconded by Trustee Wilks with a unanimous roll call vote, the Closed Session was adjourned at 10:04 p.m. MEJ/rcc