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
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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
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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.
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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.
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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.
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