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HomeMy WebLinkAbout08/10/1993 CS minutes NlAYOR GERI'.LD 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 - " rorSflR ,~\ - '""" - - -::-:; :J-';i.-":a.;::~~@; [..ir'J@ L.I.....1 -q 8 Village of Mount Prospect 1 00 South Emerson Street Mount Prospect, Illinois 60056 Phone: 708 / 392-6000 Fax: 708 / 392-6022 TOO: 708 I 392-6064 MINUTES EXECUTIVE SESSION AUGUST 10, 1993 The Executive Session was called to order at 9:02 p.m., in the Conference Room of the Senior Citizens Center, 50 South Emerson Street, for the purpose of discussing Litigation and Property Disposition. Present at the Executive Session were: Mayor Gerald Farley; Trustees George Clowes, Timothy Corcoran, Richard Hendricks, Paul Hoefert, Michaele Skowron and Irvana Wilks. Also present were: Village Manager Michael Janonis, Finance Director David Jepson, Planning Director David Clements and Village attorney Everette Hill. Present from Broadacre were: Fidel Lopez, Francis Freeman and Paul Dewuskin.;. Litiqation The Village Manager and Buzz Hill discussed with Board members the Complaint Mr. Hill had drafted in anticipation of filing suit against RJN Environmental for errors and omissions in their flood control design contracts with the Village. There was considerable discussion regarding the strategic advantage of filing suit prior to continuing negotiations. Upon questioning, Mr. Hill estimated that the cost of litigation to the Village could be in the area of $40,000-$60,000 if the case went to trial and expert witnesses needed to be retained. Upon questioning from Board members, Mr. Hill indicated that he felt there was a high likelihood that the Village would prevail on the number of counts brought in the Complaint. His opinion was based upon the requirements of the contract and the extensive file which Public Works had kept on all flood control projects. Based on discussion. It was the consensus of the Board to authorize Mr. Hill to file suit against RJN Environmental, Inc. Property Disposition The Village Board entered into discussions with representatives from Broadacre Management Company regarding the status of the proposed PinelWille Development. Mr. Lopez indicated that despite a 100% land cost write-down and approximately $1.5 million in public improvements being paid for by the Village, they could not secure financing for the project. Mr. Lopez indicated that the inability to rely on annual rent increases and the soft retail market made potential investors extremely uncomfortable with the proposal. Mr. Lopez indicated that the same investors could receive returns of 15-17% by buying distressed properties at deep discounts. The PinelWille development project would have to at least match, if not exceed, those types of returns. Unfortunately, the current financial analysis showed a rate of return substantially less than 15-17%. The Mayor expressed the Board's frustration with having proceeded to this point only to have the financing end of the project fall apart. The Mayor indicated that the Board had agreed to proceed with development of schematic design drawings based upon Broadacre's opinion that the project could be financed. In response, Broadacre indicated it was their professional opinion that the project was capable of being financed. It was only after firm numbers had been run and the rental economy factored in that it became apparent that establishing an acceptable rate of return would be impossible. Trustee Corcoran also indicated his frustration with the failure of the project but thanked Broadacre for being realistic in their financial analysis and not trying to sell the Village an overly optimistic scenario. There was considerable discussion regarding market dynamics and why the PinelWille development was not considered attractive enough to investors. There was also discussion regarding the continuing relationship between the Village and Broadacre. Broadacre expressed a desire to continue working with the Village in an effort to find an alternate redevelopment plan or a suitable development partner if it was the desire of the Village. Trustee Corcoran inquired as to whether Broadacre would seek reimbursement for any unbilled hours that had been expended on the project. Mr. Lopez indicated that since the project had failed because of an inability to obtain financing rather than a decision on the part of the Village not to go forward, Broadacre would not seek reimbursement for any un billed hours. There was some discussion regarding the possibility of the Village forming a public/private development corporation which could then seek financing for the project. After minor debate, the Village Board felt it was inappropriate to commit addition Village resources to a plan that private investors were unwilling to undertake. As a result of the meeting, the Village Board directed staff to continue working with Broadacre to identify alternate development scenarios as well as to solicit input from other developers regarding interest in the PinelWille block. There was no further business discussed. The Executive Session adjourned at 11 :20 p.m. on a Motion by Trustee Corcoran and Seconded by Trustee Wilks. The Board officially directed the Village attorney to file suit against RJN Environmental, Inc. M EJ/rcc