===== PDF PAGE 26 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: S.G. Ordinance No. 19-O-0040 — Real Estate Tax Abatement — Discovery Drive Investors FILE NUMBER: COMMITTEE AGENDA DATE: N/A COUNCIL AGENDA DATE: 12/2/2019 STAFF REVIEW: SIGNATURE APPROVED BY CITY ADMINISTRATOR: SIGNATURE. ITEM SUMMARY: In March 2018, the City Council approved a partial property tax abatement for Discovery Drive Investors LLC, which leases its building in the DuPage Business Center to the Suncast Corporation. That Agreement requires the participating taxing bodies to approve an Abatement Ordinance within 60 days of the Completion Date, which was October 15, 2019. STAFF RECOMMENDATION: Staff recommends adoption of Ordinance No. 19-O-0040. COMMITTEE RECOMMENDATION: This item didn’t go to Committee because it is a requirement of a previously approved IGA. ===== PDF PAGE 27 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 19-0-0040 ORDINANCE PROVIDING FOR REAL ESTATE TAX ABATEMENT - DISCOV ERY DRIVE INVESTORS LLC WHEREAS, the Illinois Property Tax Code, 35 ILCS 200/18-165, authorizes any taxing district to abate its taxes in relation to a specific property; and WHEREAS, in “An Intergovernmental Agreement Between the City of West Chicago, DuPage Airport Authority, West Chicago Library District, West Chicago Fire Protection District, West Chicago Elementary School District 33, Community High School District 94 and Discovery Drive Investors, LLC in Regard to a Property Tax Abatement Relative to the Development of the Discovery Drive Investors Property,” dated March 26, 2018 (“IGA”), the City Council of the City of West Chicago previously determined it to be in its best interests to abate a portion of its taxes on the real estate legally described in Exhibit 1, attached hereto and made a part hereof (“Subject Property”), in order to encourage a commercial firm to redevelop the Subject Property; and WHEREAS, the conditions of the IGA for the abatement of a portion of the taxes on the Subject Property have been met; and WHEREAS, in the IGA, this City Council previously determined such abatement of taxes to be in the best interests of its tax payers in order to encourage a commercial firm to redevelop the Subject Property, increase the tax base, and increase employment opportunities; and NOW, THEREFORE, BE IT ORDAINED by the Mayor of the City of West Chicago, DuPage County, Illinois, as follows: Section 1. This City Council hereby finds that all of the recitals contained in the preambles to this Ordinance are full, true and correct and does now incorporate the same herein by reference. Section 2. The County Clerk of DuPage County, Illinois is hereby ordered to abate the real estate taxes to be extended on the Subject Property, on behalf of the City Council according to the rate set forth in Section 3 below, but excluding any levy or levies for debt service (“Abatement Rate”), commencing at the start of the next calendar year after the year in which this Ordinance is passed. However, in no event shall the aggregate abatement of real estate taxes levied against the Subject Property by the City of West Chicago, together with real estate taxes levied against the Subject Property and abated in previous and future years by all other taxing districts, exceed the total of Four Million and No/100 Dollars ($4,000,000.00). Section 3. The Abatement Rate shall be Fifty Percent (50%) of the real estate taxes to be extended on the Subject Property on behalf of the City of West Chicago. Section 4. The Mayor and City Clerk of the City of West Chicago are hereby authorized and directed to execute this Ordinance and cause a certified copy of the same to be filed with the County Clerk of DuPage County, Illinois. ===== PDF PAGE 28 ===== [Extraction: OCR (rendered-page OCR)] Section 5, This Ordinance shall be in full force and effect upon its adoption and publication. PASSED this day of 2019. Alderman Beifuss ee Alderman Chassee Alderman Sheahan ee Alderman Brown ee Alderman Hallett _ Alderman Ferguson Alderman Birch-Ferguson | Alderman Dimas ee Alderman Swiatek _ Alderman Garling Alderman Stout Alderman Short Alderman Ligino-Kubinski APPROVED as to form: City Attorney APPROVED THIS day of 2019. Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith PUBLISHED: ===== PDF PAGE 29 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT1 LEGALDESCRIPTIONOFTHESUBJECTPROPERTY (attached) 3 ===== PDF PAGE 30 ===== [Extraction: OCR (rendered-page OCR)] Legal Description of Subject Property THAT PART OF THE SOUTHEAST AND SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 39 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 8 OF DUPAGE NATIONAL TECHNOLOGY PARK NORTH ASSESSMENT PLAT LOT 8, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2007 AS DOCUMENT NUMBER R2007-184626; THENCE NORTH 05 DEGREES 33 MINUTES 38 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 8, A DISTANCE OF 999.83 FEET; THENCE NORTH 00 DEGREES 18 MINUTES 30 SECONDS EAST ALONG SAID EAST LINE 78.99 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF DISCOVERY DRIVE DEDICATED PER DOCUMENT R2007-131936; THENCE ALONG SAID SOUTHERLY RIGHT OF WAY FOR THE NEXT 3 COURSES; (1) THENCE EASTERLY 255.96 FEET ALONG THE ARC OF A NON-TANGENT CIRCLE TO THE RIGHT HAVING A RADIUS OF 1100.00 FEET AND WHOSE CHORD BEARS SOUTH 80 DEGREES 16 MINUTES 10 SECONDS EAST 255.38 FEET TO A POINT OF COMPOUND CURVATURE; (2) THENCE SOUTHEASTERLY 314.58 FEET ALONG THE ARC OF A TANGENT CIRCLE TO THE RIGHT HAVING A RADIUS OF 1264.92 FEET AND WHOSE CHORD BEARS SOUTH 66 DEGREES 28 MINUTES 43 SECONDS EAST 313.77 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE EASTERLY 872.37 FEET ALONG THE ARC OF A TANGENT CIRCLE TO THE LEFT HAVING A RADIUS OF 660.08 FEET AND WHOSE CHORD BEARS NORTH 82 DEGREES 47 MINUTES 04 SECONDS EAST 810.26 FEET TO A POINT; THENCE SOUTH 43 DEGREES 40 MINUTES 30 SECONDS EAST 71.53 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY 14.98 FEET ALONG THE ARC OF A TANGENT CIRCLE TO THE LEFT HAVING A RADIUS OF 48.50 FEET AND WHOSE CHORD BEARS SOUTH 52 DEGREES 31 MINUTES 20 SECONDS EAST 14.92 FEET TO A POINT OF TANGENCY; THENCE SOUTH 61 DEGREES 22 MINUTES 11 SECONDS EAST 427.37 FEET TO A POINT ON A NON-TANGENT CURVE; THENCE SOUTHEASTERLY 190.62 FEET ALONG THE ARC OF A NON-TANGENT CIRCLE TO THE RIGHT HAVING A RADIUS OF 182.00 FEET AND WHOSE CHORD BEARS SOUTH 23 DEGREES 11 MINUTES 46 SECONDS EAST 182.03 FEET TO A POINT OF TANGENCY; THENCE SOUTH 06 DEGREES 48 MINUTES 31 SECONDS WEST 202.87 FEET; THENCE SOUTH 04 DEGREES 02 MINUTES 55 SECONDS WEST 135.39 FEET TO A POINT ON THE WESTERLY LINE OF LOT 5 OF DUPAGE NATIONAL TECHNOLOGY PARK NORTH ASSESSMENT PLAT LOT 5, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 10, 2007 AS DOCUMENT NUMBER R2007-184620 SAID POINT ALSO BEING ON A NON-TANGENT CURVE; THENCE SOUTHWESTERLY 182.35 FEET ALONG THE ARC OF A NON-TANGENT CIRCLE TO THE RIGHT HAVING A RADIUS OF 795.00 FEET AND WHOSE CHORD BEARS SOUTH 26 DEGREES 16 MINUTES 59 SECONDS WEST 181.95 FEET TO A POINT; THENCE SOUTH 04 DEGREES 02 MINUTES 55 SECONDS WEST 190.06 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF FABYAN PARKWAY (AKA BARTON ROAD AND DUPAGE COUNTY HIGHWAY 21); THENCE NORTH 85 DEGREES 57 MINUTES 05 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE ===== PDF PAGE 31 ===== [Extraction: OCR (rendered-page OCR)] 1,563.04 FEET; THENCE NORTH 86 DEGREES 24 MINUTES 12 SECONDS WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE 68.24 FEET, TO THE POINT OF BEGINNING, IN DUPAGE COUNTY, ILLINOIS CONTAINING 38.675 ACRES OR 1,684,698 SQUARE FEET MORE OR LESS. P.I.N.: 04-07-400-023 Common address: 805 Discovery Drive, West Chicago, Illinois ===== PDF PAGE 32 ===== [Extraction: OCR (rendered-page OCR)] Tren # §.C. RESOLUTION NO. 19-R-0062 A RESOLUTION MAKING A DETERMINATION RELATIVE TO THE RELEASE OF EXECUTIVE SESSION MINUTES PURSUANT TO THE ILLINOIS OPEN MEETINGS ACT WHEREAS, the City Council of the City of West Chicago met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and, WHEREAS, as required by the Act, the City Clerk has kept written minutes of all such executive sessions; and, WHEREAS, pursuant to the requirements of the Open Meetings Act, the City Council has met in executive session to review all executive session minutes; and, WHEREAS, the City Council has determined that the minutes of the meetings or parts of meetings listed on Schedule “A” attached hereto no longer require confidential treatment and should be made available for public inspection; and, WHEREAS, the City Council has further determined that a need for confidentiality still exists to the executive session minutes from the meetings or parts of meetings not set forth on Schedule “A” attached hereto. NOW, HEREFORE, BE IT RESOLVED by the City Council of the City of West Chicago, Illinois, as follows: SECTION 1. The Executive Session minutes for those meetings set forth on Schedule “A” attached hereto are hereby released for public inspection. SECTION 2. The City Clerk is hereby authorized and directed to make said minutes available for inspection and copying in accordance with the standing procedures of the Clerk’s office. SECTION 3. This resolution shall be in full force and effect from and after its adoption and approval. APPROVED AND ADOPTED this 2™ day of December 2019. AYES: NAYS: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Nancy Smith, City Clerk ===== PDF PAGE 33 ===== [Extraction: OCR (rendered-page OCR)] 19-R-0062 Page 2 of 2 RESOLUTION 19-R-0062 SCHEDULE “A” EXECUTIVE SESSION MINUTES WHICH NO LONGER REQUIRE CONFIDENTIAL TREATMENT AND ARE AVAILABLE FOR PUBLIC INSPECTION 3/15/04 Planter’s Palette 7/19/04 Planter’s Palette 6/18/07 —_ Tronox Property Donation 5/5/08 Dugan v. WC 10/19/09 342 E. York Sewer Back-up 4/5/10 342 E. York Sewer Back-up 11/1/10 151 W. Washington Street 2/21/11 151 W. Washington Street 2/21/11 Litigation Imminent — Henkel 6/6/1 151 W. Washington Street 6/20/11 Sewer Back-up on York 5/21/12 151 W. Washington Street T/N16/12 151 W. Washington Street 10/7/13 Henkel Litigation 10/7/13 Tobin Litigation 10/7/13 Giordano Litigation 8/18/14 Henkel Litigation 9/15/14 103 W. Washington Lease 10/6/14 103 W. Washington Lease 2/2/15 Henkel Litigation 4/6/15 Tobin Litigation 4/20/15 Oliver Hoffman Litigation 8/3/15 Pension Fund Litigation 11/2/15 305 Main Street Lease 1/18/16 Hernandez EEOC 5/16/16 Marathon Gas Station Lease 8/1/16 Henkel Litigation 10/17/16 Marathon Gas Station Lease 11/7/16 Tobin Litigation 3/6/17 509 Church Street Lease 3/6/17 Henkel and Hernandez EEOC Complaints ===== PDF PAGE 34 ===== [Extraction: OCR (rendered-page OCR)] Them # &.D, RESOLUTION NO. 19-R-0063 A RESOLUTION AUTHORIZING THE DESTRUCTION OF AUDIO RECORDINGS OF CERTAIN CLOSED MEETINGS WHEREAS, Section 2.06 (a) of the Illinois Open Meetings Act, 5 ILCS 120/2.06 (a), requires public bodies to audio or video record their closed meetings; and WHEREAS, the City Council of the City of West Chicago has complied with that requirement; and WHEREAS, Section 2.06 (b) the Open Meetings Act, 5 ILCS 120/2.06 (b), permits a public body to destroy the verbatim record of closed meetings without notification to or the approval of a records commission or the State Archivist not less than eighteen (18) months after the completion of the meeting recorded, but only after: 1. It approves the destruction of a particular recording; and 2. It approves the written minutes of the closed meeting in compliance with Section 2.06 (a) of the Open Meetings Act. WHEREAS, for the verbatim record by tape of the closed meeting(s) set forth in Section 2 below of this Resolution, at least eighteen (18) months have passed since the completion of those meetings, and, further, the City Council has approved written minutes for each of those meetings; and WHEREAS, a body may order the destruction of the verbatim record even if it continues to withhold the approved written minutes of the closed meeting until some later period of time; and WHEREAS, the City Council is unaware of any judicial or administrative causes of action imminent or pending that would require judicial examination pursuant to Section 2.06 (e), 5 ILCS 5/2.06 (e), of the verbatim record of the meetings set forth in Section 2 below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST CHICAGO, DUPAGE COUNTY, ILLINOIS, in regular session assembled as follows: Section 1. Foregoing recitals are incorporated herein by reference. Section 2. Based upon said recitals, the City Council hereby orders the City Clerk to destroy the verbatim record being an audio tape of the following closed meetings: Resolution No. 19-R-0063 Page 1 of 2 ===== PDF PAGE 35 ===== [Extraction: OCR (rendered-page OCR)] 2017 June 15, 2017 August 7, 2017 Section 3. This Resolution shall be in full force and effect immediately upon its passage. APPROVED AND ADOPTED this 2™ day of December, 2019. AYES: NAYS: ABSTAIN: ABSENT: Ruben Pineda, Mayor ATTEST: Nancy M. Smith, City Clerk Resolution No. 19-R-0063 Page 2 of 2