HomeMy WebLinkAbout04.28.14 Town Board Packet
EVANSTON TOWNSHIP BOARD OF TRUSTEES MEETING
Monday, April 28, 2014
7:30 p.m.
City Council Chamber – 2nd Floor
2100 Ridge Avenue
Evanston, IL. 60201
This meeting of the Township Board of Trustees will proceed to hear, consider, and decide on
such measures as may, in pursuance of law, come before the meeting and especially to
consider and decide the following:
AGENDA
1. Call to Order / Declaration of Quorum: Township Clerk
2. Approval of Minutes of the December 9, 2013 Town Board meeting
3. Approval of Minutes of the April 8, 2014 Annual Town meeting
3. Citizen Comment
4. Recognition of Township Employees
5. Resolution 1T-R-14 Evanston Township Dissolution
For Action
6. Other Business
7. Adjournment
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CITY COUNCIL REGULAR MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
COUNCIL CHAMBERS
Monday, December 9, 2013
Roll Call: Trustee Grover Trustee Braithwaite
Trustee Rainey Trustee Wilson
Trustee Burrus Trustee Holmes
Trustee Wynne Trustee Tendam
Trustee Fiske
Presiding: Chairperson Elizabeth Tisdahl
Town of Evanston Board Meeting minutes 9/23/2013 and 9/25/2013 were moved and 2nd
with a unanimous voice vote the minutes were approved.
Citizen Comment
Junad Rizki, 2784 Sheridan stated the budget once again is to confuse the taxpayer as
what is really going on in the City. He also stated the City Manager is not managing the
budget of the Township.
Jackie April, 1458 Chicago Ave. stated the Township and the City should remain
separate entities. She also read a list of services the Township provides and felt the City
could not deal with the clients as well as the Township does.
Madelyn DuCree, Foster Street stated the Township should not be abolished as well as
many of the people in Evanston believe the same.
Betty Ester, 2031 Church Street stated the Ordinance 105-O-13 should be withdrawn
from the ballot by the Council.
Ordinance 4T-O-13 Township Budget was motioned vote of 10 – 0 the motion passed.
Resolution 2T-R-13 was proposed for the appointment of Township Assessor, then Mr.
Bobkiewicz then motioned for approval of the appointment for approval by the Township
Board Chairperson Tisdahl and it was seconded. With a Roll Call of Bonnie Wilson After
having dealt with all concerns and comments the Chairperson called for adjournment and
it was seconded. With a unanimous Voice vote the meeting was ended at and the Roll
Call for the Council was performed and with a quorum being present the Mayor called the
meeting to order.
A motion was asked for adjournment by the Mayor and it was so moved and seconded.
With a unanimous Voice Vote the Regular Meeting of the City Council was adjourned at
8:20 P.M.
Submitted
Rodney Greene
Hon. Rodney Greene, MMC /Township Clerk Moderator: Hon. Elizabeth Tisdahl 2 of 20
Minutes December 9, 2013 Page 2 of 9
Roll Call: Alderman Grover Alderman Braithwaite
Alderman Rainey Alderman Wilson
Alderman Burrus Alderman Holmes
Aldermen Wynne Fiske and Tendam
Presiding: Mayor Elizabeth Tisdahl
The Regular Meeting of the Evanston City Council convened to order after a Roll Call
was performed that demonstrated the necessary quorum at 8:21 P.M.
Mayor Public Announcements:
Mayor Tisdahl announced the Holiday Food Basket Donation procedure and where to
deliver a toy or check.
City Manager Public Announcements:
Mr. Bobkiewicz called Emily Guthtree.to announce the Evanston First Night. Ms. Guthrie
stated they had ordered premiere degree weather. She stated if you stand on the corner
of Chicago and Lake a person could view all six venues and she thanked the Special
Events Committee, the Fire and Police Departments for their assistance with this long
awaited event to occur once again. She gave the price for tickets and there will not be
any fireworks.
Mr. Maiworm then announced the Christmas and New Year Holiday pickups: for
Christmas Eve and day the pickup would be on Thursday, on New Year’s Eve there will
be no pickup but will occur on Thursday a day late for all concerns.
Mr. Bobkiewicz stated the City and Township offices will be closed December 24th and
25th as well as on New Years’ day (January 1st). He also announced the departure of
Carolyn Dellutri from the employment of the Downtown Group.
Mayor Public Announcements
Holiday Food Basket Donations
Communications: City Clerk
City Clerk Greene had no communications this evening.
The following persons spoke on
Dickelle Fonda, 2nd ward on spoke against the proposed placement of cameras
Emma Garl-Smith, 8th ward (Dobson)
Jackie Newsome,
Madelyn D, Childcare Network is the Executive Director, and she spoke on the Mental
Health funding’s sharing with them is a necessary function to be continued.
Betty Ester, 2031 Church Street
Non-Agenda:
Junad Rizki, 2784 Sheridan stated the new hire is another unwise spending of the tax
dollars. He stated his art presentation will be submitted to Clerk Greene, to keep in his
office.
10/24/2013 6:42 PM 3 of 20
Minutes December 9, 2013 Page 3 of 9
Items not approved on Consent Agenda:
A12) Ordinance 130-O-13, Amending the Evanston City Code Relating to the City
Waterworks System “Charges, Rates, Fees and Penalties”
Staff recommends City Council approval of Ordinance 130-O-13 amending the
Evanston City Code, Title 7, Chapter 12, relating to the City Waterworks System.
Staff is recommending a ten percent (10%) water rate increase. This ordinance
was introduced at the November 25, 2013 City Council meeting.
For Action
SPECIAL ORDER OF BUSINESS
(SP1) Proposed Installation of Security Cameras
Mayor Tisdahl wishes to discuss the proposed installation of security cameras
along Dodge Avenue and Church Street to ensure safe passage for children
walking to and from school. Police Chief Richard Eddington will provide a
PowerPoint presentation on the proposed installation. Two community discussion
meetings will be held on December 10 at the Levy Center and December 18 at
the Fleetwood-Jourdain Center. Both meetings begin at 7 pm.
For Discussion
CONSENT AGENDA
(M1) Approval of Minutes of the Regular City Council meeting November 25, 2013
For Action
ADMINISTRATION & PUBLIC WORKS COMMITTEE
(A1) City of Evanston Payroll through 11/17/13 $2,698,450.84
(A2) City of Evanston Bills FY2013 12/10/13 $22,020,813.92
Credit Card Activity – Period Ending October 31, 2013 $ 149,937.52
For Action
(A3.1) Approval of 2014 Contract with G&L Contractors, Inc. for Debris Hauling
and Disposal (Bid 13-63)
Staff recommends that City Council authorize the City Manager to execute a
contract for debris hauling and disposal with G&L Contractors, Inc. (7401 N. St.
Louis Avenue, Skokie, IL) in the amount of $155,540. Funding is provided by the
Water Fund, Sewer Fund and Public Works General Fund Accounts, with a total
budget of $159,000.
For Action
10/24/2013 6:42 PM 4 of 20
Minutes December 9, 2013 Page 4 of 9
(A3.2) Approval of Contract Extension with Central Parking Systems
The Transportation/Parking Committee and staff recommend that the City
Council approve the first and second optional year contract renewal with Central
Parking Systems (CPS) (200 E. Randolph Street, Suite #5475, Chicago, IL) for
the management and operation of the three Downtown Parking Facilities from
January 1, 2014 to December 31, 2015 for the not-to-exceed cost of $1,592,297
for 2014 and $1,640,032 for 2015. Funding is provided by the Parking Fund with
a 2014 budget of $1,654,888.
For Action
(A4) Approval of Change Order #1 for Water Treatment Plant Master Flow Meter
and Chemical Feed Improvements (RFP 12-151)
Staff recommends City Council authorize the City Manager to execute Change
Order No. 1 for the water treatment plant master flow meter and chemical feed
improvements project with Baxter & Woodman, Inc. (39 S. LaSalle Street, Suite
816, Chicago, IL) in the not-to-exceed amount of $7,260, increasing the contract
amount from $95,900 to $103,160.00. This change order will also extend the
contract completion date by 14 months, from October 31, 2013 to December 31,
2014. Funding is provided by the Water Fund, Capital Improvement Account
733074.62140 which has a FY 2014 budget allocation of $950,000.
For Action
(A5) 2013 Post Bond Issuance Report
Staff recommends the City Council review and place the 2013 Post Issuance
Report on file.
For Action
(A6) Resolution 55-R-13, Approving Release of Certain Closed Session Minutes
Recommend adoption of Resolution 55-R-13, releasing the closed session
meeting minutes listed on Exhibit A and finding that a need still exists for
confidentiality as to the minutes on Exhibit B.
For Action
Staff recommends review and adoption by the City Council of the following
eleven (11) abatement resolutions (A7.1 to A7.11). The Resolutions will abate
(decrease) the amount of the 2013 property tax levy needed to retire the
outstanding general obligation debt. Generally, abated debt amounts are funded
through sources other than property taxes such as TIF incremental revenue,
water/sewer receipts, and parking garage revenues. The City’s total abatement
for 2013 is $8,920,101.
(A7.1) Resolution 72-R-13, General Obligation Debt Property Tax Abatement
Staff recommends approval of proposed Resolution 72-R-13 abatement for
General Obligation Bonds, Series 2006.
For Action
10/24/2013 6:42 PM 5 of 20
Minutes December 9, 2013 Page 5 of 9
(A7.2) Resolution 73-R-13, General Obligation Debt Property Tax Abatement
Staff recommends approval of proposed Resolution 73-R-13 abatement for
General Obligation Bonds, Series 2006B.
For Action
(A7.3) Resolution 74-R-13, General Obligation Debt Property Tax Abatement
Staff recommends approval of proposed Resolution 74-R-13 abatement for
General Obligation Bonds, Series 2007.
For Action
(A7.4) Resolution 75-R-13, General Obligation Debt Property Tax Abatement
Staff recommends approval of proposed Resolution 75-R-13 abatement for
General Obligation Bonds, Series 2008B.
For Action
(A7.5) Resolution 76-R-13, General Obligation Debt Property Tax Abatement
Staff recommends approval of proposed Resolution 76-R-13 abatement for
General Obligation Bonds, Series 2008C.
For Action
(A7.6) Resolution 77-R-13, General Obligation Debt Property Tax Abatement
Staff recommends approval of proposed Resolution 77-R-13 abatement for
General Obligation Bonds, Series 2008D.
For Action
(A7.7) Resolution 78-R-13, General Obligation Debt Property Tax Abatement
Staff recommends approval of proposed Resolution 78-R-13 abatement for
General Obligation Bonds, Series 2010B.
For Action
(A7.8) Resolution 79-R-13, General Obligation Debt Property Tax Abatement
Staff recommends approval of proposed Resolution 79-R-13 abatement for
General Obligation Bonds, Series 2011A.
For Action
(A7.9) Resolution 80-R-13, General Obligation Debt Property Tax Abatement
Staff recommends approval of proposed Resolution 80-R-13 abatement for
General Obligation Bonds, Series 2012A.
For Action
(A7.10) Resolution 81-R-13, General Obligation Debt Property Tax Abatement
Staff recommends approval of proposed Resolution 81-R-13 abatement for
General Obligation Bonds, Series 2013A.
For Action
(A7.11) Resolution 82-R-13, General Obligation Debt Property Tax Abatement
Staff recommends approval of proposed Resolution 82-R-13 abatement for
General Obligation Bonds, Series 2013B.
For Action
10/24/2013 6:42 PM 6 of 20
Minutes December 9, 2013 Page 6 of 9
(A8) Ordinance 127-O-13: City of Evanston 2013 Tax Levy
Staff requests consideration of Tax Levy Ordinance 127-O-13, which levies the
annual property tax for General Fund Operations, Illinois Municipal Retirement
Fund, and Police and Fire Pension funds in the total amount of $26,696,210. This
ordinance was introduced at the November 11, 2013 City Council meeting.
For Action
(A9) Ordinance 128-O-13: 2013 Special Service Area #4 Tax Levy
Staff requests consideration of Tax Levy Ordinance 128-O-13, which levies the
annual property tax for Special Service Area #4 in the amount of $377,548. This
ordinance was introduced at the November 11, 2013 City Council meeting.
For Action
(A10) Ordinance 129-O-13: 2013 Evanston Public Library Tax Levy
Staff requests consideration of Tax Levy Ordinance 129-O-13 which levies the
annual property tax for the Evanston Public Library in the amount of $5,134,793.
This ordinance was introduced at the November 11, 2013 City Council meeting.
For Action
(A11) Ordinance 5T-O-13: 2013 Evanston Township Tax Levy
Staff requests consideration of Tax Levy Ordinance 5T-O-13 which levies the
annual property tax for the Township of Evanston in the amount of $1,145,201.
This ordinance was introduced at the November 11, 2013 City Council meeting.
For Action
(A13) Ordinance 133-O-13, Amending the Evanston City Code Relating to the
Sanitation Service Charge for 95-Gallon Containers
Staff recommends City Council adoption of Ordinance 133-O-13 amending Title
8, Chapter 4, Section 12, and Imposition of Sanitation Service Charges to
increase the sanitation service charge to $17.95 per month for a 95 gallon cart.
This ordinance was introduced at the November 25, 2013 City Council meeting.
For Action
(A14) Ordinance 131-O-13, One-Way East Traffic During Orrington School Drop-
Off and Pick-Up Hours on Monticello Place between Orrington Avenue and
First Alley West
Staff recommends the adoption of the proposed ordinance 131-O-13 by which
the City Council would amend Section 10-11-4, Schedule IV (A) of the City Code
to establish one-way east traffic on Monticello Place between Orrington Avenue
and the first alley west adjacent to Orrington Elementary School during drop-off
and pick-up hours. Funding for signs is provided by the Traffic Control Supplies
Account 2670.65115. This ordinance was introduced at the November 25, 2013
City Council meeting.
For Action
10/24/2013 6:42 PM 7 of 20
Minutes December 9, 2013 Page 7 of 9
(A15) Ordinance 132-O-13, Authorizing the City to Borrow Funds from the Illinois
Environmental Protection Agency Public Water Supply Loan Program
Staff recommends approval of Ordinance 132-O-13 authorizing the City to
borrow funds up to $2.3 Million from the Illinois Environmental Protection Agency
(IEPA) Public Water Supply Loan Program for the construction of the 48”
Diameter Intake Improvements Project. This ordinance was introduced at the
November 25, 2013 City Council meeting.
For Action
PLANNING AND DEVELOPMENT COMMITTEE
(P1) Resolution 71-R-13, Authorizing the City Manager to Execute an
Amendment to the Professional Services Agreement for the Main Street
Transit Oriented Development Study and Plan
City staff recommend that City Council approve Resolution 71-R-13 which
authorizes the City Manager to execute an amendment to the professional
services agreement with Parsons Brinckerhoff (230 W. Monroe, Suite 900,
Chicago IL) to extend the contract term date from October 1, 2013 to March 31,
2014. There will be no additional cost incurred by the City for this extension.
For Action
(P2) Approval of 2014 Open Communities Landlord Tenant Program Grant
The Housing & Homelessness Commission and staff recommend approval of a
$35,000 grant to Open Communities to continue the Evanston Landlord Tenant
Program. In 2013, the City of Evanston provided a grant of $30,000. This new
grant would fund the continuation of services from January 1 through December
31, 2014. Funding is provided by the City’s Affordable Housing Fund, Account
5465.62770.
For Action
(P3) Ordinance 123-O-13 Granting Major Zoning Relief to Establish Open
Parking in the Front Yard at 1912 Livingston Street
The Zoning Board of Appeals and staff recommend approval of Ordinance 123-
O-13 to allow one open parking space in the front yard at 1912 Livingston Street.
For Introduction
HUMAN SERVICES COMMITTEE
(H1) Approval of Township of Evanston November 2013 Bills
Township of Evanston Supervisor recommends that City Council approve the
Township of Evanston bills, payroll, and medical payments for the month of
November 2013 totaling $92,538.32.
For Action
Alderman Rainey motioned for approval of the Consent Agenda, and it was
seconded as well as a Roll Call was done with a 9-0 vote for approval.
10/24/2013 6:42 PM 8 of 20
Minutes December 9, 2013 Page 8 of 9
Items for Discussion:
A12) Ordinance 130-O-13, Amending the Evanston City Code Relating to the City
Waterworks System “Charges, Rates, Fees and Penalties”
Staff recommends City Council approval of Ordinance 130-O-13 amending the
Evanston City Code, Title 7, Chapter 12, relating to the City Waterworks System.
Staff is recommending a ten percent (10%) water rate increase. This ordinance
was introduced at the November 25, 2013 City Council meeting.
For Action
Alderman Rainey motioned for approval and seconded by Alderman Tendam.
Alderman Rainey stated she would support the Ordinance because of all the
water vein breaks, and it costs money to repair them and she could not vote
against it. A Roll Call was completed there was a 6-3 for (Aldermen Fiske,
Braithwaite, and Holmes voted nay), and the motion passed.
Call of the Wards
Ward 9, Alderman Burrus had no report.
Ward 1, Alderman Fiske she thanked Carolyn Dellutri for all her work and wished her
well. She stated the window at GIGIO’s was kicked in by a Northwestern student
the night before, but he returned and paid for the replacement of the glass. She
then commented that we do have wonderful students at Northwestern.
Ward 2, Alderman Braithwaite stated a meeting for the second Thursday of January,
mentioned the death of Mr. Mandella.
Ward 3, Alderman Wynne said good-by to Ms. Dellutri
Ward 4, Alderman Wilson mentioned the passing of Joan Kelley.
Ward 5, Alderman Holmes agreed to the comments about Carolyn. She invited all to
her ward meeting, and thanked the Mayor for walking the neighborhood after
each death that occurred in the 5th ward.
Ward 6, Alderman Tendam congratulated Carolyn on her good work and advancement,
but mentioned she will still be in the area, he suggested to involve her in the city
activities. He thanked Kate Todd for the wonderful reception for the past and
present Aldermen, Mayors and Clerks
Ward 7, Alderman Grover thanked Carolyn for making downtown Evanston a place to
be.
Ward 8, Alderman Rainey dittoed concerning Carolyn’s unique way of getting things
done. She suggested the transfer of the water bills onto the tax bills so it can be
deducted It stays this
10/24/2013 6:42 PM 9 of 20
Minutes December 9, 2013 Page 9 of 9
A motion was asked for adjournment by the Mayor and it was so moved and seconded.
With a unanimous Voice Vote the Regular Meeting of the City Council was adjourned at
9:35 P.M.
Submitted by,
Hon. Rodney Greene, MMC
City/Township Clerk
10/24/2013 6:42 PM 10 of 20
ANNUAL TOWNSHIP MEETING
CITY OF EVANSTON, ILLINOIS
LORRAINE H. MORTON CIVIC CENTER
COUNCIL CHAMBERS
Tuesday, April 8, 2014
Roll Call: Trustee Fiske Trustee Tendam
Trustee Braithwaite Trustee Grover
Trustee Wynne Trustee Rainey
Trustee Wilson Trustee Burrus
Trustee Holmes
Presiding: Mayor Elizabeth Tisdahl
Mayor Proclamations and Public Announcements
Mayor Tisdahl read a proclamation honoring St. Mark’s Protestant Episcopal Church’s
150th Anniversary. She designated April 25, 2014 as St. Mark’s Day in the City of
Evanston, and she presented the proclamation to the members who were in attendance.
This was done just before the Annual Township Meeting was called to order.
At 8:45 PM Township Clerk Greene called the Annual Township Meeting to order. He
then read the news article calling for the meeting, and then laid down the groundwork for
the moderator for the evening. He then asked for nominations from the floor for a
moderator, and the moderator did not have to be an Elected Officials but had to be a
registered Evanston resident. Trustee Grover nominated Liz Tisdahl and Trustee Wilson
seconded. Joyce Borsotti nominated Trustee Mark Tendam and it was seconded from the
floor. Mr. Bobkiewicz, Township Supervisor moved to close the nominations and it was
seconded by Trustee Rainey. The Clerk asked for a shoe of hands for Liz Tisdahl was
30, and for Mark Tendam received 16 hands raised for his nomination.
Clerk Greene then had Liz Tisdahl to stand as he had her raise her right hand to take the
Oath of Office as the Moderator. The meeting was then turned over to the Moderator for
the continuation of the meeting.
Moderator Tisdahl then asked the Clerk to announce the publication of the Township
meeting, and as he looked for the announcement Moderator Tisdahl asked for approval
of the minutes of the 2013 Annual Township Meeting. It was seconded and approved with
a correction on the second page concerning the AKA’s Chapter’s Name being
misspelled.
Moderator then asked for the financial from the Clerk, and he gave a reader’s digest
version stating the Township was doing well by being in the black and not over spending.
The Township Supervisor, Wally Bobkiewicz was asked by the Moderator to give the
Supervisor’s Report. Mr. Bobkiewicz stated it was his privileged to have served as
Supervisor since last October and have made many strides forward. He introduced Ms.
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Evonda Thomas-Smith was responsible for the day-to-day operations of the GA Program.
He also thanked Mr. Henry Colquitt for his assistance during this transition period.
Ms. Thomas-Smith reported the success of assuring the GA clients had access to
pharmaceutical programs, and services will continue in a professional way for the clients.
Mr. Bobkiewicz then announced the certified results from Cook County for the dissolution
of the Township. He suggested to formerly to formerly have a Township Meeting on April
28, 2014 to finalize the dissolving of the responsibilities of the Township and merge their
responsibilities to the City.
Hon. Bonnie Wilson, Township Assessor came forward to present her report concerning
the successes of the Township Assessor’s Office under her directions for the past 4.5
years of service to the community. Her report will be on the website for all to view later.
Upon completion of Hon. Bonnie Wilson’s report, Moderator Tisdahl presented her with a
bouquet of flowers. Aldermen, Burrus, Tendam, and Holmes thanked Ms. Wilson for the
good work and friendship that she shared with them.
Citizen Comments:
Kevin Johnson, 1458 Chicago Ave. spoke of his concern of the unemployment office’s
change of policy in feeling out their required documentation for job searching.
Betty Ester, 1352 Church St. spoke of the March 25th election that elected her as
Township Supervisor. She stated the procedure that took place was a legal gathering.
She stated there were 15 electors in the room and so it was a legal, not unofficial as the
Township/City Clerk had stated via his recording that was played during the meeting.
Madelyn DuCree, a resident of the 5th ward thanked Bonnie Wilson for her service to the
community. She is very concerned with certain programs may be changed with the
transition to the City from the Township. She wanted a plan for what will occur with the
abolishment of the Township, and she is holding the Council and Wally accountable for
the promises they made.
Mitsey Gibbs, resident of Foster St., she was disturbed with the statement of having the
clients going to Larry Sufferdin’s office for assistance. She explained the personal touch
that the Township office have with the clients will not be the same in Mr. Sufferdin’s
office. She stated, the “services of the Assessor’s Office is a necessary service for the
Evanston clients” and should not be eliminated.
Trustee Rainey commented that the accusation she has heard from the speakers
concerning the elimination of the Assessor was hers and hers alone, and to stop beating
up her fellow Council members, because they have not agreed with her statement
concerning the Assessor. She believes the responsibilities of the Assessor’s office should
be transferred to the City.
Moderator Tisdahl asked if there was any other business for discussion for the Township,
and hearing none a motion to adjourn was made and seconded and with a Voice Vote
that was unanimous the Township Meeting was adjourned at 9:50 P.M.
Submitted by,
Hon. Rodney Greene, MMC
Township Clerk
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For Evanston Town Board meeting of April 28, 2014 Item #5
Resolution 1T-R-14: Discontinue Township Organization
For Action
To: Honorable Mayor and Members of the Town Board
From: W. Grant Farrar, Corporation Counsel/Town Board Attorney
Subject: Approval of Resolution 1T-R-14, Discontinue Township Organization
Date: April 8, 2014
Recommended Action:
Staff recommends Town Board approval of Town Resolution 1T-R-14 to discontinue,
abolish, and cease Township operations as of April 30, 2014.
Funding Source:
n/a
Summary:
Section 1 of the ordinance is the legislative statement making certain findings of fact
and law, and reciting the City’s authority under the Illinois Constitution, the Township
Code, and the March 18, 2014 binding referendum result, to assume the general
assistance, emergency assistance, and property tax advisory services currently
exercised by the township. The other sections track language and provisions found in
the companion City Ordinances 40-O-14 and 52-O-14.
Legislative History:
The Illinois General Assembly approved, and Governor Quinn signed into law,
legislation which amended the Township Code to authorize a referendum question
regarding the dissolution of Evanston Township. On March 18, 2014, the voters
approved by a 63.56% affirmative vote, the discontinuation and abolishment of
Evanston Township.
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Attachment:
Resolution 1T-R-14
Memorandum
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4/3/14
3/20/14
1T-R-14
A RESOLUTION
TO DISCONTINUE AND ABOLISH THE TOWNSHIP ORGANIZATION
IN EVANSTON TOWNSHIP AS OF 11:59 P.M, APRIL 30, 2014
WHEREAS, the City of Evanston and Evanston Township are
coterminous, and the Township is a blended unit of local government within the City,
with the City Council sitting as the Town Board and exercising all powers vested in it by
law, 60 ILCS 1/15-50, 60 ILCS 1/80-5; and
WHEREAS, section 5 of Article VII of the Illinois Constitution provides:
Townships may be consolidated or merged, and one or more townships
may be dissolved or divided, when approved by referendum in each
township affected.
; and
WHEREAS, the Township Code, Section 60 ILCS 1/27-5, 1/27-10, and
1/27-15, provide that the coterminous township within the boundary of Evanston, Illinois
may be abolished upon the majority vote of the electors in the township; and
WHEREAS, pursuant to 60 ILCS 1/27-10, the City Council of Evanston,
lawfully approved ordinance 105-O-13 which authorized that a proposition to dissolve
Evanston Township be placed on the ballot for the March 18, 2014 General Primary
election (the “election”) to be held in the township; and
WHEREAS, on March 18, 2014, following the Cook County Clerk’s placing
the proposition on the ballot, 63.68% of the registered voters who cast ballots at the
election in Evanston Township voted “Yes” to discontinue and abolish Evanston
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1T-R-14
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Township. The Evanston Town Board hereby recognizes and notes the Cook County
Clerk’s official election canvass of results recognizing said vote tally; and
WHEREAS, the Town Board in its legislative capacity, formally recognizes
that 5,065 affirmative votes were cast favor of the proposition to discontinue and abolish
Evanston Township; and
WHEREAS, in the case of coterminous Evanston Township, the legislative
arm of the Township is the Town Board, and only the Board has the constitutional,
statutory, and legislative authority to adopt this resolution, said resolution which
recognizes and follows the electoral results and mandate delivered at the March 18,
2014 election, and
WHEREAS, under the separation-of-powers doctrine, courts must respect
units of local government, such that the Town Board’s legal authority and responsibility
to adopt this resolution is entitled to high deference. See Board of Education of Dolton
School District 149 v. Miller, 349 Ill.App.3d 806 (1st Dist. 2004); Moore v. Grafton
Township, 2011 WL 3524417 (2nd Dist. 2011); and
WHEREAS, the Town Board convened numerous meetings during 2011
to 2014, all properly noticed under the Township Code and the Open Meetings Act, to
consider the question of township discontinuation; and
WHEREAS, the Town Board, in its exercise of its constitutional and
statutory authority, hereby states that the Township of Evanston organization shall
cease, discontinue, and be abolished; and
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WHEREAS, all persons desiring to be heard on these matters were heard,
legislative findings made, a legislative Record created, and this matter was considered
by the Town Board of the Township of Evanston, Cook County, Illinois.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF
EVANSTON TOWNSHIP, COOK COUNTY, ILLINOIS, as follows:
SECTION 1: Pursuant to 60 ILCS 1/27-15, and as authorized and
mandated by the township electors at the March 18, 2014 election, the Evanston
Township organization is hereby discontinued and abolished. The Township
organization shall cease.
SECTION 2: This Resolution 1T-R-14 shall be in full force and effect as
of April 30, 2014. The effective date of the cessation, discontinuance, and abolishment
of the Evanston township organization is 11:59 p.m., April 30, 2014.
SECTION 3: The office of Town Clerk is abolished by operation of law.
Pursuant to 60 ILCS 1/27-25, the City of Evanston Clerk is hereby directed to properly
transfer to, and maintain all, records of Evanston Township in the City of Evanston City
Clerk’s office. In accordance with 60 ILCS 1/5-60, the City Clerk shall send a certified
copy of this resolution to the Illinois Secretary of State so that the name of Evanston
Township be stricken from the state’s official record of townships. The City Clerk shall
send a certified copy of this resolution to Cook County Clerk David Orr. In accordance
with 60 ILCS 1/85-15, the City Clerk shall send a certified copy of this resolution to the
Township Officials of Illinois. The City Clerk shall send a certified copy of this
resolution to Cook County Board President Toni Preckwinkle, Cook County
Commissioner Larry Suffredin, Cook County Assessor Joe Berrios, Commissioner
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Michael Cabonargi of the Cook County Board of Review, and the Executive Director of
the Illinois Municipal Retirement Fund.
SECTION 4: The office of Township Supervisor is abolished by operation
of law. Pursuant to 60 ILCS 1/27-15 and 1/27-20, all the rights, powers, obligations,
and duties of the Township Supervisor shall by operation of law vest in and be assumed
by the City of Evanston.
SECTION 5: The office of Township Assessor is abolished by operation of
law. Pursuant to 60 ILCS 1/27-15 and 1/27-20, all the rights, powers, obligations, and
duties of the Township Assessor shall by operation of law vest in and be assumed by
the City of Evanston.
SECTION 6: Pursuant to 60 ILCS 1/27-15 and 1/27-20, effective 12:00
a.m. May 1, 2014, all the rights, powers, assets, property, obligations, and duties of
Evanston Township shall by operation of law vest in and be assumed by the City of
Evanston. Following the approval and adoption of this resolution, and the concurrent
approval and adoption by the Evanston City Council of its ordinances 40-O-14 and 52-
O-14, all duties and responsibilities of Evanston Township, and any township officer as
provided in the Township Code, the Illinois Public Aid Code, and Property Tax Code,
are vested in, and shall be exercised by, the City of Evanston. The effective date of the
vesting and transfer of duties and responsibilities called for in this Section 6 shall be
12:00 a.m., May 1, 2014.
SECTION 7: Pursuant to 60 ILCS 1/27-20 and 1/27-25, the City of
Evanston is authorized to close up all unfinished business of the township, to sell and
dispose of any township property for the benefit of the residents of the City of Evanston,
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and to enter into an intergovernmental agreement or contract with Cook County or the
State of Illinois to administer the duties and responsibilities of the Township and
township officers for any township services, as necessary.
SECTION 8: Pursuant to Article VII(10) of the Illinois Constitution, and
the Intergovernmental Cooperation Act, 5 ILCS 220 et seq., the City of Evanston is
authorized to enter into an intergovernmental agreement or contract with Cook County
of the State of Illinois to administer the duties and responsibilities of the Township and
township officers for any township services, as necessary.
SECTION 9: All Evanston Township banking, investment, or other
financial accounts shall be transferred to the City of Evanston. All revenues and
appropriations that exist in the Evanston Township General Assistance Fund as of
11:59 p.m., April 30, 2014, shall be transferred by operation of law into the City
GENERAL ASSISTANCE FUND, as provided by City of Evanston Ordinance 52-O-14.
SECTION 10: All Evanston Township pension programs and accounts as
required by the Illinois Municipal Retirement Fund, 40 ILCS 5/7-101 et seq., shall be
transferred by operation of law to the City of Evanston. As a participating municipality,
the City shall succeed to the functions of Evanston Township as provided by 40 ILCS
5/7-132(A)(c). The net accumulation balance in the Evanston Township reserve and
the Evanston Township account receivable balance shall be assumed and transferred
to the City. All participating and covered employees formerly employed by Evanston
Township shall become participating and covered employees of the City.
SECTION 11: All revenues and appropriations that exist in the Evanston
Town Fund as of 11:59 p.m., April 30, 2014, shall be transferred by operation of law into
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the City of Evanston General Fund. All Evanston Town Fund banking, investment, or
other financial accounts shall by operation of law be designated and become a
component account within the City of Evanston General Fund.
SECTION 12: The terms and provisions of this Resolution shall be
liberally construed so as to effectuate the purposes set forth in the recitals to this
Ordinance. Each and every recital and legislative finding regarding this Resolution is to
be construed and interpreted severally.
SECTION 13: The foregoing findings and recitals contained herein, as
well as the meeting minutes and legislative Record regarding the issue of township
discontinuation, are found as fact and incorporated herein by reference. The findings,
recitals, results of the March 18, 2014 referendum question, and legislative Record are
declared to be prima facie evidence of the law of Evanston Township and the City of
Evanston, and shall be received in evidence as provided by the Illinois Compiled
Statutes and the courts of the State of Illinois.
SECTION 14: If any provision of this Resolution or application thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this Resolution that can be given
effect without the invalid application or provision, and each invalid provision or invalid
application of this Resolution is severable.
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SECTION 15: The Town Clerk shall, and is hereby directed to, take all
necessary steps to attest this Resolution and comply with Section 3 of this Resolution.
Introduced: April 28, 2014
Adopted: April 28, 2014
Approved:
_________________________, 2014
______________________________
Elizabeth B. Tisdahl, Mayor;
Member, Town Board of the Town of
Evanston
Attest:
_______________________________
Town Clerk
Approved as to form and legality:
______________________________
W. Grant Farrar, Town Board Attorney
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