HomeMy WebLinkAboutEXECUTIVE SESSION - 01/10/1995 - LITIGATION/RELEASED RES 24-99 � y
EXECUTIVE SESSION
Elk Grove Village
Date January 10, 1995
Time 8:30 P.M.
TOPIC: Litigation X Personnel_ Land Acquisition_
Village Board Village Board
MEMBERS PRESENT MEMBERS ABSENT STAFF PRESENT
D. Gallitano, R. Chernick G. Parrin
Village President Village Trustee Village Manager
M. Tosto R. Rummel
Village Trustee Asst.Vlg..Mgr..
N. Czarnik S. Niehaus
Village Trustee Admin. Asst. '
J. Petri G. Knickerbocker
Village Trustee Village Attorney
P. Rettberg
Village Trustee
C. Johnson
Village Trustee
Pursuant to a duly made and approved motion and a majority vote at
a regularly scheduled meeting of the Village President and Board of
Trustees on January 10, 1995 this Executive Session was called to
consider a litigation matter.
Number of pages attached: 1
Date(s) of review for release: July 1995 /1
Date of approval for release: e -
1/10/95
8:30 p.m.
LITIGATION
The Village Attorney brought the Village Board up to date
on the condemnation of the Grove Mall . The Attorney stated
that the Village 's offer of $5.5 million for the property,
excluding the Citgo, was scheduled to expire on December 30,
but was extended for several weeks due to the holidays.
The Village Attorney stated if Grove Mall rejected the
offer, the Village 's special counsel is prepared to
immediately file condemnation litigation to acquire the Grove
Mall . At that time, the Village will need to obtain a second
independent appraisal reconfirming the reasonable value of the
property for the courts.
Once the litigation is filed, settlement discussions may
occur. The Village Attorney stated that the Village Board may
wish to set a price range for settling the issue, including
the Burger King as it was included in the blight ordinance.
Discussion on this matter took place with the Village Board
determining that they would authorize up to $6. 6 million for
the purchase of the property as recommended by the Village
Attorney. The Burger King can be dropped from condemnation as
a condition of the settlement with an adjustment in the sales
price.
The Village Attorney advised the Village Board that
village codes with respect to building and property
maintenance should be enforced on the property, as is done
with all commercial properties in the Village. The Grove Mall
has received special treatment due to the planned
redevelopment and inspections have not occurred except for
dire problems. The Grove Mall should be treated fairly like
all commercial properties in the Village.
The Village Attorney will report back to the Village
Board on the status of the Grove Mall as well as Trkla 's
report on TIF district financing at the January 24 meeting.
. . .please continue
Upon further discussion, the consensus of the Board was
as follows:
-- Direct special counsel to file condemnation
proceedings against the Grove Mall if our purchase
offer is rejected;
-- Have the Village Attorney obtain a 2nd appraisal
regarding the reasonable value of the property upon
filing the lawsuit;
-- Have Staff again perform inspections of the
property as required so that any violations may be
addressed in commercial housing court.
The meeting adjourned at 8:50 p.m.
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