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CITY OF WEST CHICAGO
CITY COUNCIL
AGENDA ITEM SUMMARY
ITEM TITLE:
AGENDA ITEM NUMBER:
A Resolution Declaring the City of West
Chicago’s Official Intent to Reimburse FILE NUMBER:
Expenditures (Downtown TIF District No. 2)
COMMITTEE AGENDA DATE: None
Resolution No. 21-R-0106
COUNCIL AGENDA DATE: December 20, 2021
Z>-
STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE AD
CITY ADMINISTRATOR REVIEW: Michael Guttman SIGNATURE
ITEM SUMMARY:
At its meeting of July 19, 2021 the City Council approved an Agreement with Kane McKenna and Associates,
Inc. to assist in the process of extinguishing the existing Downtown Tax Increment Finance (TIF) District and
conducting an analysis to determine the feasibility of creating and certifying a new, smaller and more concise
Downtown TIF 2 District. As was noted at that point, it has long been planned that the current Downtown
TIF District, which is nearing its completion, would need to be re-defined in order to promote the
redevelopment of the Downtown and take advantage of development opportunities that have presented
themselves.
Pursuant to the requirements of the Tax Increment Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et
seq. (“TIF Act”), the City would need to approve a Resolution to reimburse expenditures incurred prior to
the certification of a Downtown TIF 2 District in order to finance redevelopment project costs associated
with the new TIF District.
The City’s Attorney has drafted a Resolution to this effect for the City Council’s review and consideration.
ACTIONS PROPOSED:
Review and approval of Resolution No. 21-R-0106.
COMMITTEE RECOMMENDATION:
None

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Resolution No. 21-R-0106
A RESOLUTION DECLARING THE CITY OF WEST CHICAGO’S
OFFICIAL INTENT TO REIMBURSE EXPENDITURES
(DOWNTOWN TIF DISTRICT NO. 2)
WHEREAS, the City of West Chicago (“City”) is a home rule municipality organized
under the Illinois Constitution and the laws of the State of Illinois; and
WHEREAS, the City is authorized, under the provisions of the Tax Increment
Allocation Redevelopment Act, 65 ILCS 5/11-74.4-1 et seq. (“TIF Act”), to finance
redevelopment project costs, as defined in Section 3(q) of the TIF Act, 65 ILCS 5/11-74.4-
3(q) (“TIF Project Costs”), in connection with redevelopment project areas established in
accordance with the requirements of the TIF Act; and
WHEREAS, on July 19, 2021, the Mayor and City Council of the City authorized
moving forward with a feasibility study under the TIF Act (“Feasibility Study”), to determine
if the area set forth in EXHIBIT A attached hereto and made a part hereof, (“Proposed
Redevelopment Project Area”), may be designated as a redevelopment project area
under the TIF Act; and
WHEREAS, as a result of the authorization of the Feasibility Study, the City has
been and will be expending funds for TIF Project Costs which, if the Proposed
Redevelopment Project Area is established as a tax increment financing district (“TIF
district”) pursuant to the TIF Act, would be reimbursable from TIF incremental revenues
generated from properties within the Proposed Redevelopment Project Area (“TIF
Expenditures”); and
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WHEREAS, the City reasonably expects to reimburse itself for TIF Expenditures
from tax increment financing incremental revenues generated by properties within the
Proposed Redevelopment Project Area (“TIF Revenues”) and / or from the proceeds of
debt obligations to be issued by the City (“Debt Obligations”) in relation to the TIF
Expenditures, should a TIF district be established in the Proposed Redevelopment
Project Area, in an amount not to exceed One Million and No/100 Dollars ($1,000,000.00);
and
WHEREAS, on October 25, 2021, Scannell Properties, a Limited Liability
Corporation (“Developer”), submitted an initial proposal for the redevelopment of property
within the Study Area located generally at 461 Main Street, 447 Main Street, 441 Main
Street, 435 Main Street, 419-421 Main Street, 411 Main Street, 405 Main Street, 331 Main
Street, 327 Main Street, 321 Main Street, 305 Main Street, 144 Chicago Street, 120
Chicago Street, 202 Chicago Street, 206 Chicago Street, 302 High Street, 308-310 High
Street, 314 High Street, 322 High Street and 328 High Street, West Chicago, Illinois,
consisting of approximately Four and One Tenth (4.10) acres of property (“Project”); and
WHEREAS, the Developer has requested that the City consider paying for certain
of the Developer's TIF Expenditures required to implement the Project from TIF Revenues
incurred prior to creation of a TIF district within the Study Area, if the City creates a TIF
district within the Study Area; and
WHEREAS, if a TIF district is created within the Study Area, and if the Project is
approved by the City, the City and the Developer desire to attempt to negotiate a
redevelopment agreement containing such terms as are necessary for the completion of
the Project by the Developer (“Redevelopment Agreement”); and
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WHEREAS, if the Redevelopment Agreement is approved by the City, the City
expects to pay, or reimburse, the Developer for a portion of the Project costs which are
TIF Expenditures from TIF Revenues; and
WHEREAS, the Developer has stated that without the payment or reimbursement
of TIF Revenues from the City to the Project, the Developer cannot complete the Project;
and
WHEREAS, the Developer: (i) reasonably expects that it will pay or incur TIF
Expenditures in connection with the Project prior to formal approval and execution of the
Redevelopment Agreement; (ii) reasonably expects that it will use funds from sources
other than TIF Revenues which are or will be available on a short-term basis to pay for
such TIF Expenditures prior to the approval of a Redevelopment Agreement; and (iii)
desires reimbursement for the use of some of its capital expenses in connection with the
Project; and
WHEREAS, the City reasonably anticipates the expenditure of TIF Revenues, in
connection with the redevelopment of the Project site by the Developer prior to creation
of a TIF district in the Study area in an amount not to exceed Five Hundred Thousand
and No/100 Dollars ($500,000.00); and
WHEREAS, a purpose of this Resolution is to induce the Developer to pay or incur
certain TIF Expenditures in connection with the Project prior to creation of a TIF district
within the Study Area and prior to formal approval and execution of the Redevelopment
Agreement, thereby advancing the purposes of the TIF Act;
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WHEREAS, the City, acting on its own behalf, may issue Debt Obligations relative
to the TIF Expenditures, and if so, may use the proceeds thereof to reimburse itself or the
Developer for, or pay the costs of, the TIF Expenditures;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City
of West Chicago, DuPage County, Illinois:
SECTION 1: Recitals. That the recitals set forth above are hereby incorporated
herein by reference and made a part hereof.
SECTION 2: Official Intent. That the City hereby declares its official intent to use
TIF Revenues, and / or the proceeds of the Debt Obligations, in an amount not to exceed
One Million Five Hundred Thousand and No/100 Dollars ($1,500,000.00), for the purpose
of paying, or reimbursing the City and / or the Developer for, the TIF Expenditures, and
to issue said Debt Obligations in relation thereto. The City also declares its intention to
negotiate and enter into the Redevelopment Agreement with the Developer which may
provide for, inter alia, reimbursement from TIF Revenues of certain TIF Expenditures,
paid or incurred by the Developer prior to the effective date of the Redevelopment
Agreement. The City acknowledges that, in order to keep the Project moving forward on
an acceptable schedule, it will be necessary for the Developer to incur some eligible
redevelopment project costs prior to negotiation, approval and execution of the
Redevelopment Agreement.
SECTION 3: No Reliance. That neither the Developer nor any other party is
entitled to rely on this Resolution as a commitment by the City to approve the Project, to
enter into the Redevelopment Agreement, or to create a TIF district within the Study Area,
and the City reserves the right in its sole and absolute discretion to not approve the
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Project, to not enter into the Redevelopment Agreement or to not create a TIF district
within the Study Area, and in such event the City shall not be subject to any liability or
damages of any nature. Neither the Developer nor anyone claiming by or through the
Developer shall have any claim against the City as a result of any decision by the City not
to approve the Project, to not enter into the Redevelopment Agreement or to not create a
TIF district within the Study Area.
SECTION 4: Reimbursement. That the City reasonably expects to reimburse
itself and / or the Developer from TIF Revenue and / or the proceeds of said Debt
Obligations, issued by or on behalf of the City, for costs of the TIF Expenditures paid prior
to the receipt of said TIF Revenues or the issuance of said Debt Obligations.
SECTION 5: Severability. That if any section, paragraph, clause or provision of
this Resolution shall be held invalid, the invalidity thereof shall not affect the other
provisions of this Resolution. .
SECTION 6: Conflicts. That all resolutions in conflict with this Resolution are
hereby repealed to the extent of such conflict.
SECTION 7: Effectiveness. That this Resolution shall be in full force and effect
from and after its adoption and approval as provided by law.
PASSED this 20th day of December, 2021, pursuant to a roll call vote as follows:
AYES:
NAYS:
ABSENT:
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APPROVED by me this 20th day of December, 2021.
Ruben Pineda, City Mayor
ATTEST:
Nancy Smith, City Clerk
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EXHIBIT A
MAP OF THE PROPOSED REDEVELOPMENT PROJECT AREA
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Trem * &. Q.
RESOLUTION NO. 21-R-0108
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, at its December 6, 2021 meeting, has determined
that no new minutes are to be released as a need for confidentiality still exists.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
West Chicago, Illinois, as follows:
SECTION 1. No new Executive Session Minutes are hereby released for public
inspection.
SECTION 2. This resolution shall be in full force and effect from and after its
adoption and approval.
APPROVED AND ADOPTED this 20" day of December, 2021.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Ruben Pineda, Mayor
ATTEST:
Nancy M. Smith, City Clerk

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Trem # &. K.
RESOLUTION NO. 21-R-0109
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. 21-R-0109
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2020
February 3, 2020 February 17, 2020
Section 3. This Resolution shall be in full force and effect immediately upon
its passage.
APPROVED AND ADOPTED this 20" day of December, 2021.
AYES:
NAYS:
ABSTAIN:
ABSENT:
Ruben Pineda, Mayor
ATTEST:
Nancy M. Smith, City Clerk
Resolution No. 21-R-0109
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