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Post by doctorwho on Jun 13, 2008 8:19:49 GMT -5
Hobson Ponds middle 6 acres will now be built on by Crestview Builders. Owned and operated by a long time Naperville family, I am extremely disappointed that it a fair deal couldn't be worked out. Not sure who more to blame - NPD or Crestview - but ultimately itlikely was some of both.
Tip of the hat to Doug Dallmer and his group -- they put untold time and hours into something they believed in - and ultimately were defeated by closed door decisions. This decision will benefit 12 townhome owners , one builder and absolutely no one else. Great ! One more kick in the groin for my area.
Hobson West park effort comes to end
Naperville Park District says it's over after it, developer can't agree on terms
By Melissa Jenco | Daily Herald StaffContact writerPublished: 6/13/2008 12:21 AM
After several years of debate, the Naperville Park District has decided not to purchase land between the ponds in the Hobson West neighborhood
The park board and developer Crestview Builders were not able to reach agreement on the terms of a contract to buy the land and will not negotiate any further, President Kristen Jungles announced at a board meeting Thursday.
Jungles spoke on behalf of the board, which discussed the matter only behind closed doors.
"As good stewards of our residents' tax dollars, we recognize that their offer would not be in the best interest for the park district and its constituents," Jungles said. "However, we understand the importance of preserving open space and the desire for the community to have additional land designated for recreational use. Rest assured that we will use these funds to continue to seek property to acquire for this purpose."
The 6 acres of land in question lies between two ponds in the Hobson West neighborhood between Plainfield-Naperville Road and West Street.
The park district already owns the 9-acre ponds, but a group of residents has been urging it for several years to purchase the additional land to create a 15-acre park. Otherwise, Crestview Builders plans to build townhouses on it.
As of January, the park district was offering $2.5 million for the property, but Crestview wanted $4.1 million. Last month, Crestview made a new proposal and the board asked for a contract by Tuesday.
The board was in closed session for just over an hour Thursday night, in part to discuss the land acquisition. When they emerged, Jungles announced there would be no deal.
The two sides had previously agreed to structure the purchase as a "partial sale and donation," she said, but couldn't reach agreement on specific terms of the contract.
Jungles said 3.69 acres of the site couldn't be conveyed to the park district for another two years and the partial sale and donation structure was "deemed to be legally unenforceable."
"I wish all parties could have (come) to an agreement," Commissioner Suzanne Hart, who has advocated for purchasing the land, said after the meeting.
The commissioners had no public debate about the issue Thursday, nor did they take a public vote, angering some residents in the audience.
"They've never had any public discussion on this matter and the public is owed that regardless of the outcome," resident Rod Randall said.
But Steve Adams, an attorney for the park district, said a public vote wasn't legally required.
"We didn't take any action to acquire property," Adams said. "We didn't take any formal action other than to discontinue a discussion they were having."
Doug Dallmer and the Save Open Space group have been fighting to keep the land between the ponds a park.
"We're incredibly disappointed," Dallmer said. "While we had not been given any specific reason to think it would be approved today, we're very disappointed."
The Save Open Space group still plans to try to get a referendum on the November ballot to purchase other parcels of open land in Naperville.
But Dallmer said he is still waiting to hear back from the park district and area conservation officials as to whether they would help with such an effort.
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Post by doctorwho on Jun 13, 2008 8:30:13 GMT -5
Park board ends Ponds talks
Negotiations stop on land slated to be townhouses
June 13, 2008Recommend
By KATHY CICHON kcichon@scn1.com
Naperville Park District officials announced Thursday night the board has ceased negotiations for the $2.5 million purchase of the six acres of land between the Ponds of Hobson West.
After more than an hour in executive session, commissioners returned to the council chambers where board President Kristen Jungles read a statement explaining that both parties were unable to reach mutually acceptable contract terms.
"Recognizing that negotiations for the acquisition have been active since 2007, as a result of this impasse, the Park District has elected to terminate any further negotiations for the acquisition of the Ponds of Hobson West property.
"As good stewards of our residents' tax dollars, we recognize that their offer would not be in the best interest for the Park District and its constituents," Jungles said.
For the past several years residents have fought to preserve the land, which sits between Plainfield-Naperville Road and West Street, just west of the Hobson West neighborhood and east of the Fields townhouses.
"We're incredibly disappointed," resident Doug Dallmer said. "... We were encouraged by the press release at the last meeting."
At the May 22 park board meeting, commissioners said the district received a new proposal for the parcel from owner Crestview Builders Inc. The board had asked for an agreed upon contract by Tuesday.
Jungles said at the request of the Crestview, the district had agreed to structure the acquisition as a "partial sale and donation," but both sides could not agree on the terms.
"We weren't offered terms we could rely on for the purchase of the whole property," said Steve Adams, attorney for the district.
For nearly two years the effort to save the land from becoming a townhouse development took many twists and turns along the way.
"We've all been on a big roller coaster," said Suzanne Hart, who was elected park board president later in the evening, as part of the annual election of new officers.
When granting Crestview the ability to build townhouses on the site in December 2006, the City Council made it a stipulation that the land remain vacant for one year to allow any group interested in buying it with the intent of keeping it open space to do so.
Late last year the Naperville Park District offered Crestview $2.5 million for the land. The developer asked for $4.1 million. Originally, the deadline to purchase the property was Dec. 31, but Crestview agreed to extend the deadline to Jan. 30. At the end of January, Crestview sent a letter to the Park District saying it is still willing to consider any reasonable offer.
"It's just disappointing in the end that this could not happen," Jungles said.
Several residents said they were disappointed there was not public discussion of the purchase by the board. Attorney Steve Adams disputed that any decisions were made in closed session.
"They didn't take any formal action other than to discontinue a discussion they were having," attorney Steve Adams said.
Resident Rod Randall said he will ask for an explanation at the next meeting.
"I want a public vote," he said. "They have to talk about where they stand. They dodged this question for 16 months now. The public is owed that."
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Post by gatormom on Jun 13, 2008 8:36:23 GMT -5
Hobson Ponds middle 6 acres will now be built on by Crestview Builders. Owned and operated by a long time Naperville family, I am extremely disappointed that it a fair deal couldn't be worked out. Not sure who more to blame - NPD or Crestview - but ultimately itlikely was some of both. Tip of the hat to Doug Dallmer and his group -- they put untold time and hours into something they believed in - and ultimately were defeated by closed door decisions. This decision will benefit 12 townhome owners , one builder and absolutely no one else. Great ! One more kick in the groin for my area. This is very disappointing Dr. Who. I know that your neighborhood has been very active in trying to preserve that area. And yes, this decision will benefit one builder and 12 townhome owners and certainly not the residents of the community surrounding Hobson Ponds. |
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Post by doctorwho on Jun 13, 2008 9:18:13 GMT -5
Hobson Ponds middle 6 acres will now be built on by Crestview Builders. Owned and operated by a long time Naperville family, I am extremely disappointed that it a fair deal couldn't be worked out. Not sure who more to blame - NPD or Crestview - but ultimately itlikely was some of both. Tip of the hat to Doug Dallmer and his group -- they put untold time and hours into something they believed in - and ultimately were defeated by closed door decisions. This decision will benefit 12 townhome owners , one builder and absolutely no one else. Great ! One more kick in the groin for my area. This is very disappointing Dr. Who. I know that your neighborhood has been very active in trying to preserve that area. And yes, this decision will benefit one builder and 12 townhome owners and certainly not the residents of the community surrounding Hobson Ponds. It is so disappointing - just when you think they are going to do the right thing - $$ gets in the way. The last offer btw was $420k/acre that was turned down. will add an entry/exit onto little 25 mph plainfield- naper- and another entry/exit onto West street ( good luck with that one) - and cement in an area between 2 ponds where heavy rains stay -- but the almighty buck won this one - as well as some well placed connections on the initial vote. |
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Post by Arch on Jun 13, 2008 10:12:48 GMT -5
I hope you are not downhill from that area because that water will not have to go elsewhere....
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Post by eb204 on Jun 13, 2008 12:53:22 GMT -5
This is very disappointing Dr. Who. I know that your neighborhood has been very active in trying to preserve that area. And yes, this decision will benefit one builder and 12 townhome owners and certainly not the residents of the community surrounding Hobson Ponds. It is so disappointing - just when you think they are going to do the right thing - $$ gets in the way. The last offer btw was $420k/acre that was turned down. will add an entry/exit onto little 25 mph plainfield- naper- and another entry/exit onto West street ( good luck with that one) - and cement in an area between 2 ponds where heavy rains stay -- but the almighty buck won this one - as well as some well placed connections on the initial vote. I don't know all the history behind this story, but it sounds like there were some sellers that were not willing to negotiate with the Park District. It sounds like the Park District had good intentions for the land but Crestview had other plans and their price was too high. |
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Post by WeNeed3 on Jun 13, 2008 15:25:42 GMT -5
How very sad. I drive by this area almost every day. I am sick that once again, our city council has allowed more development that isn't needed in this area. It's too bad a compromise wasn't reached between the parties. It sounds like a lot of developers and land owners (BB included) could care a less about our city and ignore what is right and good for the sake of money.
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Post by doctorwho on Jun 13, 2008 15:32:01 GMT -5
How very sad. I drive by this area almost every day. I am sick that once again, our city council has allowed more development that isn't needed in this area. It's too bad a compromise wasn't reached between the parties. It sounds like a lot of developers and land owners (BB included) could care a less about our city and ignore what is right and good for the sake of money. I am looking at it as I type this, and it makes me ill to think of a few more townhomes shoehorned in there... |
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Post by eb204 on Jun 13, 2008 15:54:22 GMT -5
How very sad. I drive by this area almost every day. I am sick that once again, our city council has allowed more development that isn't needed in this area. It's too bad a compromise wasn't reached between the parties. It sounds like a lot of developers and land owners (BB included) could care a less about our city and ignore what is right and good for the sake of money. I am looking at it as I type this, and it makes me ill to think of a few more townhomes shoehorned in there... Yes, I can imagine it would. That's such a nice area. |
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Post by title1parent on Jun 19, 2008 6:44:00 GMT -5
Hobson ponds deal broke down over technicality
June 19, 2008R
By KATHY CICHON kcichon@scn1.com
Crestview Builders has released a letter detailing its final offer to sell the 6-acre Ponds of Hobson West property to the Naperville Park District.
The Park District said last week it was ceasing negotiations for the land.
"As you can see, we tried our best to assure that the Ponds of Hobson West property became a park for the benefit of the neighborhood and the community," Crestview says in its June 10 letter to commissioners.
Crestview says in its letter it agreed to sell a portion of the site - 2.31 acres known as Parcel 006 - for $2.5 million. The remainder of the land - 3.69 acres known as Parcel 007 - would be donated with a deed to be held in escrow for two years, then released.
"The transaction needs to be structured so that (a) the Park District is guaranteed that all of the property would be conveyed to it and (b) it complies with the regulations of the Internal Revenue Service so that part of the transaction could be considered a gift or donation," wrote Crestview owners Ron Wehrli and Mike Steck.
But park officials said this was not legally feasible for the district.
"We could not purchase this with just the promise we were going to get it in two years," park board President Suzanne Hart said Wednesday. "It was one thing if we were just dealing with our dollars. But we're dealing with taxpayer dollars. It wouldn't be very responsible."
Negotiations ended when attorneys could not reach an agreement on the terms of the sale/donation.
"In order for the conveyance of Parcel 007 to be considered a 'gift/donation' it cannot be subject to a real estate contract, nor require any consideration, nor be tied in any way to the conveyance of Parcel 006," Crestview wrote the district. "As presented by your attorney, this transaction does not comply with the IRS regulations in the opinion of our accountant," Crestview wrote.
For the past several years residents have fought to preserve the land, which sits between Plainfield-Naperville Road and West Street, just west of the Hobson West neighborhood and east of the Fields townhouses. The Park District had been negotiating with Crestview for the purchase of the site since last fall. At one point the district offered $2.5 million for all six acres. Crestview asked for $4.1 million. But then both parties agreed to continue talks and the sale/donation scenario was proposed.
"We all wanted it," Hart said. "It (the final decision) had nothing to do with the commission, and everything to do with what we were advised to do."
Some commissioners objected to paying more than the $2.5 million offer, as the district would have to spend an additional $1 million to clean up the site for public use, Hart said.
Both the Park District and Crestview said they wanted the land to remain open for public use.
"I don't see either party - the Park District or Crestview - as being at fault," Hart said. "It just didn't work out."
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Post by Arch on Jun 19, 2008 8:27:49 GMT -5
Ah yes.. it's no one's fault.  What a crock. If either entity wanted to really make it work it would have worked. |
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Post by title1parent on Jun 21, 2008 2:58:05 GMT -5
Open space group opens more talks on Hobson West site
By Melissa Jenco | Daily Herald Staff
Published: 6/20/2008 8:46 PM | Updated: 6/20/2008 5:10 PM
A group of Naperville residents isn't giving up its fight to create a park between the Hobson West ponds.
The Save Open Space group, led by Doug Dallmer, is calling for the Naperville Park District and Crestview Builders to reopen negotiations that abruptly came to an end last week for the 6 acres.
Dallmer says a great deal of time and effort has gone into trying to reach a deal and it appeared the sides were close.
"To see it fall apart because of a technicality that should be negotiable in my mind, then to take strong position of we're at impasse and terminating discussions, seems unfortunate," he said.
The park district owns two ponds that make up 9 acres of the site between Plainfield-Naperville Road and West Street. Residents have been pushing for it to buy the 6 acres in between to create a park, instead of townhouses as it is currently zoned.
But in the end, the park district and Crestview couldn't reach agreement on the legal details of the sale.
Crestview offered to sell part of the land for $2.5 million, which is what the park district offered for the entire parcel. But the rest of the land would be held in escrow for two years, then given to the park district as a donation that Crestview could claim on its taxes.
But the park district's attorneys called the donation "legally unenforceable" and park commissioners closed the negotiations.
Crestview made the details of those negotiations public earlier this week. At that time, attorney Craig Cobine said doing so was not meant to reopen talks and he wouldn't speculate as to whether either side would be interested in that prospect.
When asked Wednesday whether the matter was over, board President Suzanne Hart, who has been a supporter of purchasing the land, said: "I hope it's not 100 percent over, but do I think it is? I do."
But Dallmer said Friday he feels there is still room for the two sides to reach an agreement.
"I have talked to a couple other lawyers and they say yes, this is not a standard transaction, but it is not an unusual one, either, so certainly all of the T's can be crossed and I's dotted," he said. "Certainly it's something that could be resolved."
He plans to e-mail Save Open Space group members, now up to about 350 to 400 people, encouraging them to write letters to the editor and to e-mail the parties involved in the deal.
The group also is hoping to get a referendum on the November ballot asking taxpayers to help in purchasing open space around Naperville. Dallmer said he will address the park board at an upcoming meeting to ask for their support.
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Post by doctorwho on Jun 21, 2008 10:29:13 GMT -5
Open space group opens more talks on Hobson West siteBy Melissa Jenco | Daily Herald Staff Published: 6/20/2008 8:46 PM | Updated: 6/20/2008 5:10 PM A group of Naperville residents isn't giving up its fight to create a park between the Hobson West ponds. The Save Open Space group, led by Doug Dallmer, is calling for the Naperville Park District and Crestview Builders to reopen negotiations that abruptly came to an end last week for the 6 acres. Dallmer says a great deal of time and effort has gone into trying to reach a deal and it appeared the sides were close. "To see it fall apart because of a technicality that should be negotiable in my mind, then to take strong position of we're at impasse and terminating discussions, seems unfortunate," he said. The park district owns two ponds that make up 9 acres of the site between Plainfield-Naperville Road and West Street. Residents have been pushing for it to buy the 6 acres in between to create a park, instead of townhouses as it is currently zoned. But in the end, the park district and Crestview couldn't reach agreement on the legal details of the sale. Crestview offered to sell part of the land for $2.5 million, which is what the park district offered for the entire parcel. But the rest of the land would be held in escrow for two years, then given to the park district as a donation that Crestview could claim on its taxes. But the park district's attorneys called the donation "legally unenforceable" and park commissioners closed the negotiations. Crestview made the details of those negotiations public earlier this week. At that time, attorney Craig Cobine said doing so was not meant to reopen talks and he wouldn't speculate as to whether either side would be interested in that prospect. When asked Wednesday whether the matter was over, board President Suzanne Hart, who has been a supporter of purchasing the land, said: "I hope it's not 100 percent over, but do I think it is? I do." But Dallmer said Friday he feels there is still room for the two sides to reach an agreement. "I have talked to a couple other lawyers and they say yes, this is not a standard transaction, but it is not an unusual one, either, so certainly all of the T's can be crossed and I's dotted," he said. "Certainly it's something that could be resolved." He plans to e-mail Save Open Space group members, now up to about 350 to 400 people, encouraging them to write letters to the editor and to e-mail the parties involved in the deal. The group also is hoping to get a referendum on the November ballot asking taxpayers to help in purchasing open space around Naperville. Dallmer said he will address the park board at an upcoming meeting to ask for their support. the group is seeking a 3rd party involved. Also it appears at this the the only hold up lies with the Board- NOT the seller who appears to want to get this done and move on.I cannot believe that all others points of the transaction are worked out and Naperville will walk away from because of a techincality highlighted by attorneys- that there should be some way to close the issue using attorneys also. C'mon Naperville do the right thing. btw - Kudo's to the Wehrli family and Crestview Builders for really trying to get this done. Anyone who has ever been to these ponds, ( and if you haven't bring your kids and your pocket fisherman and enjoy) - or if you just want to ensure some open space remains...please write those who can make a difference. Again feel free to contact the key people. ron@crestviewbuilders.com Thank Crestview for keeping the window open so long and negotiating in good faith. City Council: Request them to contact the NPD Commissioners to return to the negotiating table and resolve the differences.millerk@naperville.il.us , furstenaur@naperville.il.us , kraused@naperville.il.us , jrosanova@msn.com , sengerd@naperville.il.us , wehrlig@naperville.il.us , boyajianj@naperville.il.us , fieselerr@naperville.il.us , mayor@naperville.il.us Park District: Request them to return to the negotiating table and resolve the differences.kjungles@napervilleparks.org, cbrown@napervilleparks.org, rory@napervilleparks.org , shart@napervilleparks.org , mtodd@napervilleparks.org, mwright@napervilleparks.org, aschaffner@napervilleparks.org , dbetts@napervilleparks.org , |
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Post by wvhsparent on Jun 21, 2008 13:52:00 GMT -5
How about getting the City involved?......Have them rezone the entire parcel as a park.
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Post by Arch on Jun 21, 2008 14:43:57 GMT -5
How about getting the City involved?......Have them rezone the entire parcel as a park. I was under the impression that a rezone has to be petitioned by the owner. The owner already had it rezoned to fit the townhomes. |
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