HomeMy WebLinkAboutORDINANCES-2008-061-O-08• _ 4/23/2008
61-0-08
AN ORDINANCE
Amending Sections 3-25-1 and 3-25-6 of the Evanston City Code
Permitting the "Annual Home Grown Artist Event" in the
Farmers' Market to Become a Permanent Event
WHEREAS, in 2006, the Administration & Public Works Committee
of the City Council permitted a pilot art sale, the "Home Grown Artists," at the
Farmers' Market allowing sales by local artists who either live or have a studio in
Evanston for four (4) Saturdays during the summer; and
WHEREAS, for the past two years, the public has enthusiastically
supported this opportunity to view and purchase art by Evanston artists;
• THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 3-25-1 of the Evanston City Code, 1979,
as amended, is further amended as follows:
3-25-1: DEFINITIONS:
EVANSTON CHARITABLE ORGANIZATIONS: Any organization located in
Evanston and which has qualified to be exempt from federal income tax under
IRS code section 501 c3.
FARMERS' MARKET: A designated area where on designated days and times,
growers and producers may sell directly to the public in accordance with City
regulations. The City shall have the right to relocate or discontinue the market, to
specify the days and times of its use and to stipulate what goods may be sold.
The Farmers' Market commission may allow during the season a maximum of
three (3) different Evanston charitable organizations per market day to maintain a
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refreshment stand to sell nonalcoholic beverages and home baked products not
requiring refrigeration at a designated location within the Farmers' Market.
GROWERS AND PRODUCERS: Any person offering for sale articles for human
consumption as defined herein, and nonedible articles as defined herein, which
have been raised or prepared by an individual, or members of his family, or
persons employed by the individual, whose principal source of income is realized
by the sale of said articles.
HOME GROWN ARTISTS: Local artists who either live or have a studio in
Evanston.
SALEABLE ITEMS:
(A) Items for sale shall have been raised or prepared by a grower or producer
and shall include:
1. Articles for human consumption such as fruits or their juices;
vegetables; edible grains; nuts and berries; apiary products; maple sugar;
syrups; refrigerated eggs and natural cheeses; and home baked products not
requiring refrigeration;
2. Nonedible articles such as cut or potted flowers or plants. •
3. Artwork created by Evanston artists in the Annual Home Grown
Artists Event.
(B) The sale of any type of meat, fish, poultry, or milk products, except natural
cheese, is prohibited, provided that individuals may sell USDA prepackaged
meat only from animals from their own farm. Such sale of meat must conform
with the Illinois retail food store sanitation rules and regulations as adopted in
subsection 8-8-1(A)2 of this code. No more than two (2) such licenses or permits
may be issued.
Sale of any article may be prohibited by the Evanston director of public health by
notice posted prominently at said market eight (8) days in advance of the
effective date of said prohibition.
(C) The sale of bread shall be allowed. by any licensed, food certified bakery
establishment. Establishments must be licensed by the City of Evanston. The
bread must have been made from all fresh ingredients and processed on site,
including mixing, shaping, final proofing, and baking. No bread can be sold if the
ingredients have been prepared off site but is baked on the premises. Eligible •
bakers shall be only those where the sale of breads and pastries are the
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• exclusive items for sale. No establishment will be eligible if bread is only an
ancillary item for sale. The sale of bread is the only item which shall be allowed
to be sold by the bakeries. The sale of pies, muffins, cookies or cakes shall be
prohibited by the bakeries.
SECTION 2: That Section 3-25-6 of the Evanston City Code, 1979, as
amended, is further amended as follows:
3-25-6: GENERAL REGULATIONS:
(A) No licensee, permittee, or artist shall:
1. Sell or offer any article according to weight except in accordance
with the established standards for weight of the state of Illinois.
2. Sell apiary products, maple sugars and syrups or any processed
food unless properly. labeled in accordance with state standards for labeling.
3. Sell or offer any unwholesome or spoiled articles.
• 4. Attract attention to his/her goods by hawking or crying out.
5. Sell or offer any article without first obtaining an Illinois sales tax
license of the current year or fail to prominently display the number of such
license; provided, however, that when a temporary (daily) space is assigned,
suitable evidence of application for such license may be presented to the market
master.
6. Transport or display food without adequate protection against
contamination. Delivery trucks, and other equipment used for transportation and
display shall be kept clean at all times.
7. Sell or offer any article of natural cheese without first obtaining
written statement from the Evanston director of public health, that the product is
in compliance with standards for storage and display.
8. Allow any waste, garbage or any other refuse to remain on or near
his space after the closing hour of any market day.
9. Be selected to participate in the Evanston farmers' market without
• providing evidence that real estate and property taxes and Illinois sales taxes
have been paid during the previous market season. First time vendors shall
have all required licenses and must show evidence thereof.
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•
(B) The Annual Home Grown Artists Event:
1. Shall be limited to six (6) Saturdays each summer to be determined
in advance by the Human Services Committee of the City Council from
recommendations by staff;
2. Shall be financially self-sufficient, and operate at no cost to the City;
3. Shall be limited to seven (7) tents per Saturday;
4. Shall be held in an area of the Farmers' Market designated by
the City; and
5. Shall obtain approval from the Human Services Committee each
year by presenting a budget for the event and fee.
6.. Approval of Art Event: The Annual Home Grown Artists Event
Organizer must present a budget to the Human Services Committee each year
for review and approval.
(C) No animals or pets shall be allowed in the market. •
(D) No motorized vehicles, other than those of the sellers and the market
master, shall be allowed in the market.
a part hereof.
SECTION 3: That the foregoing recitals are found as fact and made
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5: That this Ordinance 61-0-08 shall be in full force and
effect from and after its passage, approval, and publication in the manner
- provided by law.
SECTION 6: That if any provision of this Ordinance 61-0-08 or
application thereof to any person or circumstance is held unconstitutional or •
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• otherwise invalid, such invalidity shall not affect other provisions or applications
•
•
of this Ordinance 61-0-08 that can be given effect without the invalid
application or provision, and each invalid application of this Ordinance is
severable.
Introduced: �-� , 2008 Approved:
Adopted: Z , 2008 �� , 2008
�orraine H. Morton, Mayor
Attest: Approved a 7nt@
. AA44Mary rris ' 'ty lerk Elke T r-Purze
First Assistant Corpora 6
Counsel
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171
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involved. No waiver made by any parry with respect to any specific default by any other
party under this Agreement shall be construed as a waiver of rights with respect to any
other default by the defaulting parry under this Agreement or with respect to the particular
default except to the extent specifically waived in writing.
18. Entire Agreement. This Agreement sets forth all the promises,
inducements, agreements, conditions and understandings between Developer and City
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understandings, either oral or written, express or implied, between them, other than are
herein set forth.
19. Survival of Terms. Binding upon Successors. The covenants, terms,
conditions, representations, warranties, agreements and undertakings set forth in this
Agreement (and specifically including, without limitation, those covenants, terms,
conditions, representations, warranties, agreements and undertakings which survive the
termination of this Agreement) shall be binding upon and inure to the benefit of the
parties hereto and their respective successors, assigns and legal representatives, and the
covenants, provisions and agreements herein contained shall run with the Property.
20. Term of Agreement and Redevelopment Plan. The term of this
• Agreement shall commence as of the date of execution hereof and shall expire upon the
earlier of the following (the "Expiration Date"): (i) twenty (20) years from the date
hereof, subject to extension as provided in Section 8 hereof-, or (ii) the date on which the
aggregate amount of all payments received by Developer from the City pursuant to this
Agreement, equals the lesser of (.x) $1,305,516 or (y) the actual amount of the Eligible
Project Costs.
21. Governing Law. The validity, meaning and effect of this Agreement
shall be determined in accordance with the laws of the State of Illinois (without giving
effect to Illinois choice of law principles).
22. Supplemental Agreements. The parties agree to cooperate in order to
execute such supplemental agreements, memoranda and similar documents as may be
necessary to implement the terms of this Agreement.
23. Force Maieure. Performance by any party hereunder shall not be
deemed to be in default where delays or defaults are due to war, insurrection, strikes,
lockouts, riots, floods, earthquakes, fires, casualties, acts of God, acts of the public
enemy, restrictive governmental laws and regulations, epidemics, quarantine restrictions,
• freight embargoes or lack of transportation. An extension of time for any such cause shall
be for the period of the delay, which period shall commence to run from the time of the
commencement of the cause, provided that written notice by the party claiming such
extension is sent to the other party not more than twenty (20) days after the
commencement of the cause or not more than twenty (20) days after the party claiming
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such extension could have first reasonably recognized the commencement of the cause,
whichever is later.
24. Notices. Any notice, request, demand or other communication made
in connection with this Agreement shall be in writing and shall be deemed to have been
duly given on the date of delivery, if delivered to the persons identified below in person,
by courier service or by facsimile copy (with original copy mailed the same day in
accordance with the provisions of this Paragraph), or five (5) business days after mailing
if mailed by certified mail, postage prepaid, return receipt requested, addressed as
follows:
If to the City:
City of Evanston
Civic Center
2100 Ridge Avenue
Evanston, IL 60201
Attention: City Manager
Facsimile: 847-448-8083
Copy to: .
Ryan and Ryan .
33 North Dearborn Street, Suite 402
Chicago, IL 60602
Attention: William E. Ryan and Arthur N. Christie
Facsimile: 312-23 6-13 86
If to Developer:
Joseph Freed & Associates, Inc.
1400 S. Wolf Road
Bldg. 100
Wheeling, IL 60090
Attention: Dennis A. Harder and Thomas H. Fraerman
Facsimile: 847-215-5282
Copy to:
Krasnow Sanberg Comblath & Hobbs •
444 North Michigan Avenue
Suite 2050
Chicago, IL 60611
Attention: Glen R. Comblath
Facsimile: 312-755-5720
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25. Severability. If any provision, condition, covenant or other clause,
sentence or phrase of this Agreement is held invalid by a court of competent jurisdiction,
such provision shall be deemed to be excised and the invalidity thereof shall not affect
any other provision, condition, covenant or other clause, sentence or phrase contained
herein. Notwithstanding the foregoing, if any such invalid provision goes to the essence
of this Agreement so that the purposes of the Agreement cannot be fulfilled, then this
Agreement shall terminate as of the date of such judgment.
26. Citv Anuroval. A copy of the ordinance (or other City action)
approving of the terms and conditions of this Agreement and authorizing and directing
the City Manager to execute this Agreement on the City's behalf, certified by the City
Clerk, shall be provided to Developer.
27. Amendments, Recordation. This Agreement may be amended from time
to time with the written consent of the parties hereto. The parties shall cause a
memorandum of this Agreement to be recorded in the Office of the Cook County
Recorder of Deeds.
28. Miscellaneous. The parties hereto acknowledge and agree that the
• individuals who are members of the group constituting the corporate authorities of the
City are entering into this Agreement in their corporate capacities as members of such
group and shall have no personal liability in their. individual capacities.
29. . Execution of this Agreement: This Agreement shall be signed last
by the City and the City Manager shall affix the date on which he signs and approves this
Agreement on the first page hereof, which date shall be the effective date of this
Agreement.
IN WITNESS WHEREOF this Agreement has been duly authorized and approved
by the City Council of the City of Evanston, Cook County, Illinois, and duly authorized,
approved and executed by C2ul'i
as of the date and year first above set forth.
EVANSTON PLAZA L.L.C. CITY OF EVANSTON
BY "� BY��
Ml4NR�6- CITY MANAGER
RA-FRr=EDW12/20/99
ATTEST
'CITY�k-
`ERK
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