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HomeMy WebLinkAbout03/03/1998 CS minutes ) MAYOR Gerald L. t=arley 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 Village of Mount Prospect VILLAGE CLERK Carol A. Fields 100 South Emerson Street Mount Prospect, Illinois 60056 MINUTES CLOSED SESSION MARCH 3, 1998 The Closed Session was called to order at 8:37 p.m., in the conference room of the Senior Citizens' Center, 50 South Emerson Street, for the purpose of discussing Litigation. Present at the Closed Session were: Mayor Gerald L. Farley; Trustees George Clowes, Paul Hoefert, Richard Lohrstorfer, Daniel Nocchi and Irvana Wilks. Absent from the Closed Session was Trustee Timothy Corcoran. Also present were: Village Manager Michael Janonis and Assistant Village Manager David Strahl. The Board reviewed draft Closed Session Minutes from February 24, 1998. The consensus of the group was that the Minutes were an accurate reflection of what took place at the meeting. Mayor Farley indicated that the Village Board would formally adopt these Minutes in open session. Litigation Village Manager Michael Janonis advised the Village Board that it was likely that the Village would be joined into the ongoing litigation over the Radebaugh Resubdivision application now pending before the Plan Commission. Mr. Janonis stated that Village Attorney Buzz Hill had spoken to attorneys for both the Radebaughs and objector, Mr. Morris and that either one or both would likely seek to join the Village in the pending lawsuit as early as Wednesday, March 4. Village Attorney Everette Hill was prepared to present the Village's position in the matter which, in essence, was that the administrative process should be allowed to proceed before the Courts ruled on the validity of the underlying private Restrictive Covenant. After brief discussion, Village Board members indicated their support for the Village Attorney pressing the Village's right to proceed with its administrative process. Mr. Janonis indicated that things were not moving along with the Pontarelli Clocktower Condominium redevelopment project as had been hoped. Since an early January meeting with the principals of the Clocktower project, no substantive efforts have taken place with regard to bringing in a substitute developer. Mr. Janonis recommended that the Village Board authorize the filing of a lawsuit based on a breach of the Development Agreement. Not only would the Village seek payment of $100,000 in liquidated damages, it would also seek specific performance of the terms of the Development Agreement which means that the third building and remaining site improvements would be constructed either by Pontarelli or a substitute developer. Village Board members expressed their great disappointment with the lack of progress on this project. After brief discussion, there was unanimous agreement that the Village Manager, working with the Village Attorney, prepare an appropriate Complaint and file same in the Circuit Court as soon as practicable. There was no other business discussed in Closed Session. The Closed Session was adjourned by unanimous vote based on a Motion by Trustee Clowes and Seconded by Trustee Wilks at 8:48 p.m. In Open Session, Board members unanimously adopted the Closed Session Minutes of February 24, 1998 after a Motion by Trustee Wilks and Seconded by Trustee Lohrstorfer. There was no other business undertaken by the Village Board and the regular Board meeting was adjourned at 8:49 p.m. Respectfully submitted, \, /C5! ~.I:~:._~ II . 1,( '-~ MICH~ELE.J~NONIS Village Manager MEJ/rcc X:IUSERSIROBERT ACIWIN\OFFICE\MEJ\CSI303CS.MIN