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HomeMy WebLinkAbout11_14_05_cc CITY COUNCIL November 14, 2005 ROLL CALL - PRESENT: Alderman Wynne Alderman Tisdahl Alderman Bernstein Alderman Rainey Alderman Holmes Alderman Hansen Alderman Moran Alderman Wollin A Quorum was present. Alderman Jean-Baptiste PRESIDING: Mayor Lorraine H. Morton The OFFICIAL REGULAR MEETING of the City Council was called to order by Mayor Morton on Monday, November 14, 2005, at 8:37 p.m. in the Council Chamber. ANNOUNCEMENTS: Mayor Morton presented the 2005 Pinnacle Award for excellence in web design and content from the National Association of Government Webmasters to Erika Storlie, web developer for the City’s website www.cityofevanston.org. Police Chief Frank Kaminski presented the 2005 TRIAD Senior Citizen Volunteer Award to Evelyn and Robert Orange. Graduates of the 2001Citizen Police Academy, they were recognized for outstanding community service in Evanston at the Evanston Police Department. Recreation Superintendent Bob Dorneker announced that Evmark will sponsor the annual Holiday Tree Lighting ceremony Tuesday, November 22, from 4:30 to 6:00 p.m. at Fountain Square. Mayor Morton will light the tree with help from a special visitor from the North Pole. Assistant City Manager Judith Aiello announced that there will be free trolley service for shoppers in downtown Evanston beginning Friday, November 25 and continuing through New Year’s Day. The free trolley is sponsored by Sherman Plaza Partners, as part of the redevelopment agreement. Public Works Director David Jennings announced that refuse and recycling collection for Thursday, November 24, would be picked up that Saturday. He reported that street cleaning services will end November 30 and that yard waste collection will end December 8. The last day to drop-off yard waste at the Recycling Center is December 11. Mr. Jennings reported the roll-in of the new CTA viaduct at Main/Chicago over the past weekend was successful and trains are running on time. Mayor Morton reported attending the opening of the Toby Museum on Chicago Avenue near Main Street, which has the largest collection of Toby mugs in the world by Steve Mullins. CITIZEN COMMENT: Steve Lupton, 1325 Monroe St., Environment Board member, said that leaf blower noise has been a source of irritation to many Evanston residents. As a result, gasoline-powered hand-held leaf blowers were banned except for spring and fall clean up. This has placed a significant burden on the commercial landscaping operators who must resort to the more time intensive, but environmentally friendly, practice of raking leaves and lawn clippings. The Environment Board was asked to review the status of gas powered leaf blower technology and other municipal ordinances that are commonly used to mitigate the problem of blower noise. Recently manufacturers have developed models that operate at 65 decibels as measured by the American Standards Institute. This compares to older models that produced noise at 90 decibels. As a result, many municipalities have adopted standards based on this reduced noise level which is equal to or less than a typical gas powered lawn mower. The findings were the basis for the Environment Board’s recommendation of the following changes to the City’s leaf blower regulations. (1) the City restrict leaf blowers to manufacturer’s models that 2 November 14, 2005 meet the certified noise level of 65 decibels according to ASI standards. (2) That such blowers are operated according to manufacturer’s instructions and (3) that the City restrict the hours of operation consistent with the noise ordinance. Although not recommended by the Environment Board, he suggested they consider some form of registration of commercial landscaping operators to ensure that they are aware of City ordinances regarding noise requirements of leaf blowers and that leaf blowers operators are certified and trained in the proper operation of the machine according to manufacturer’s instructions. He suggested a registration process may eliminate one of the most difficult issues associated with any leaf blower ordinance, namely, enforcement. It is not reasonable to expect the Police Department or any department to measure the noise levels of operating machinery. An easier enforcement choice would be to check documentation that the machinery meets the noise requirements. He noted that the documentation on machines is not consistent. Some have it on plates and others in instructions. At a minimum, landscapers would be required to have some documentation in their trucks showing compliance with the City’s ordinance. Richard Prinz, 2823 Harrison St., landscape contractor, was glad the leaf blower ordinance is being reviewed. The original problem with leaf blowers was a whining noise, which was a nuisance. Decibel levels have dropped over the years and now the average is well below 70 decibels. A noisy office is about 65 decibels. Many machines are around 65 decibels, which is indicated on the machines. He thought they could move from a difficult and unenforceable law and a nuisance to the Evanston Police Department to something that can be more easily regulated by whatever means Council deems necessary. He found it disappointing that leaf blowers are singled out as a tool of the trade of the many trades that work around Chicagoland, which are not unlike saws and generators. He hoped that a loosening of the ordinance brings them to more understanding of the need for the machine. He claimed leaf blowers are used on most premises for a brief time -- five minutes. Operators are educated and know when they walk around with leaf blowers they are not supposed to rev them up. Operators are courteous. Allowing these machines to be used is a great step forward. He reminded all that Evanston is a Tree City with lots of leaves that need to be cleaned up in an economical way. Kay Weisman, 1102 Mulford St., commented on the National Register status for the Civic Center; noted there have been many meetings and eloquent thoughts expressed along with practical proposals for fixing up the Civic Center. She asked Council to please keep the Civic Center. Martha Rudy, 321 Greenwood St., First Night Board President stated this is the 13th year for the alcohol-free celebration of the arts, the largest and most popular such celebration in Illinois. Three-quarters of those who come to First Night either shop or dine in Evanston. She said it is the best place to be on New Year’s Eve, is an intergenerational celebration of diverse cultures, a celebration of community, family and friends in downtown Evanston to hear jazz and folk music, see puppets or listen to stories. First Night is a celebration of hope as the new year is rung in with creativity. This year’s theme is “Oh, What a Night!” There will be fireworks at the lake pending Council’s approval that evening. She thanked Council for their past support of First Night and asked for support again this year. Junad Rizki, 2784 Sheridan Rd., commented on the Library Director’s recent request to increase the budget for enhancement of the children’s library by $900,000 taking the project’s cost from $1.5 million to $2.4 million. If approved, he predicted it would overrun and go back to the $4.3 million asked for originally. He suggested the project be stopped. It was clear to him that the Library Director and Board are not interested in the welfare of this community and wasting several million dollars on a downtown library children’s room makes little sense when the vast majority of children do not live downtown. He was particularly troubled that the City would sell the property adjacent to the North Branch Library and use $200,000 to fund this project. The Library Director stated that the children’s library space needs to be renovated every five years. Why has he not asked for funds to renovate the children’s spaces at the North and South branches that have not been renovated for 25 years or longer? He was told more than 200 residents celebrated Halloween at the North Branch. It appears there is no coordinated effort in the use of City facilities. Some say there are no funds to correct the branch issues. He urged them to look at the rest room facilities at the North Branch, which he described as disgusting. He alleged they do not meet the plumbing code and some may argue they were grandfathered in. He thought that rest rooms shared by men, women and children are unsanitary. Council’s short-sighted approach to selling the space adjacent to the North Branch will make it impossible to correct those problems without removing too much space from the facility. He found it interesting that the Facilities Management Department, which is involved with renovating the library, said it is okay to renovate the library and not okay to renovate the Civic Center. He asked how much in construction funds would be tied up to keep the library in operation as this goes on. Where will children go during this renovation? Originally the Library Director stated this renovation would help the growing minority population. This is 3 November 14, 2005 politics. His view was if the City wants to have a program focused on teens, it should be on the west or south side of Evanston, where the majority of teens live who have fewer opportunities to use community resources. The several million dollars proposed to renovate the main library should be used to fix up a building in the new West Side TIF district and, combined with CDBG funds, create a teen-focused branch. He found it ironic the City uses TIF funds downtown for police, which is not in the interest of youth of the community. The new City Manager might think strategic planning will solve these problems, but until there are Council members and less staff, with their agendas, dictating the direction of the community things will not change here and people will pay higher taxes. CONSENT AGENDA (Any item marked with an Asterisk*) Alderman Moran moved Council approval of the Consent Agenda with the following exceptions: Change Order #3 – Contract A with DiPaolo Company for Relief Sewer Project; Ordinance 128-O-05 – Exception to the Limitations of the Presence of Minors at Certain Licensed Establishments; Special Use for Auto Repair Establishment at 1233 Dodge Ave.; Major Variation for Open Parking Space – 2434 Sherman; Nomination to National Register of Historic Places – 2100 Ridge Ave.; Ordinance 124-O-05 – Leaf Blower Regulation and Appointment Confirmation – Ronald Nayler. Seconded by Alderman Rainey. Roll call. Voting aye – Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin, Jean- Baptiste. Voting nay – none. Motion carried (9-0). ITEMS APPROVED ON CONSENT AGENDA MINUTES: * Approval of Minutes of the Regular City Council Meeting of October 24, 2005 and the Special City Council Meeting of October 17, 2005. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) ADMINISTRATION & PUBLIC WORKS: *Approval, as recommended, of the City of Evanston payroll for the period through November 10, 2005 and City of Evanston bills for the period ending November 15, 2005, authorized and charged to the proper accounts: City of Evanston payroll (11/10/05) $2,144,990.02 City of Evanston bills (through 11/15/05) $6,544,565.25 * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of contract with National Power Rodding Corporation (2500 W. Arthington St., Chicago) in the amount of $33,222 for heavy cleaning of Emerson St. between Asbury and Ridge avenues. Funded by the Sewer Fund account. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of Bonds Remarketing Agreement for Series 2000 and 2002 bond issues. Funded by the Washington National and Downtown II TIF districts. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Acceptance of the FY 2005 Comprehensive Annual Financial Report (CAFR) and management letters. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of Change Order #1 for R. Rudnick & Co. (1040 S. Milwaukee Ave., Wheeling, IL) for tuckpointing at the Service Center with an increased cost of $39,509 to the original contract amount of $165,712 for a revised contract total of $205,221. Funded by Capital Improvement Project fund. * APPROVED – CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Approval of Change Order #6 for W.E. O’Neil Construction (2751 N. Clybourn Ave., Chicago) for the Sherman Plaza Garage with an increased cost of $299,469 to the original contract amount of $40,139,786 for a total of $40,439,255. Funded by the Washington National TIF district. * APPROVED -CONSENT AGENDA MOTION & ROLL CALL (9-0) * Approval of Change Order #1 for Municipal Sewer Services, LLC (1400 W. Carroll St., Chicago) for the Sewer 4 November 14, 2005 Maintenance Contract with an increased cost of $45,900 to the original contract amount of $168,560 for a revised contract total of $214,460. Funded by the Sewer Operating Fund. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * * * * * Resolution 73-R-05 – Intergovernmental Agreement with Skokie – Consideration of proposed Resolution 73-R-05, which authorizes the City Manager to sign an intergovernmental agreement with the Village of Skokie for the Skokie Swift North Shore Study. * APPROVED - CONSENT AGENDA MOTION AND ROLL CALL (9-0) * Ordinance 122-O-05 – Increase Number of Class C Liquor Licenses – Panino’s, 1968 Dempster St. – Consideration of proposed Ordinance 122-O-05, which amends Section 3-5-6(C) of the City Code to increase the number of Class C liquor licenses from 21 to 22 due to the opening of Panino’s Inc., dba Panino’s Café and Bar, 1968 Dempster St. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 123-O-05 – Declaration of City Surplus Property – Consideration of proposed Ordinance 123-O-05, which recommends approval of services from B&P Apparatus Inc. (1552 Bryan Ct., Aurora), a brokerage firm, and authorizes the sale of personal property owned by the City. The items are two used ambulances (#316 and #317). * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 119-O-05 – Amendment to Real Estate Transfer Tax – Consideration of proposed Ordinance 119-O-05, introduced October 24, 2005, which amends Section 3-29-6(K) of the City Code pertaining to Real Estate Transfer Tax-exempt transactions. * ADOPTED - CONSENT AGENDA MOTION & ROLL CALL (9-0) PLANNING & DEVELOPMENT: * Ordinance 120-O-05 – Special Use and Major Variation request for a Type 2 Restaurant at 1111 Chicago – Consideration of Ordinance 120-O-05 and the Zoning Board of Appeals recommendation to grant a special use for a Type 2 restaurant in the Wild Oats Store, 1111 Chicago Ave. * MARKED INTRODUCED – CONSENT AGENDA * Ordinance 121-O-05 - Special Use and Major Variation request for a Day Care Center at 2200 Main St. – Consideration of Ordinance 121-O-05 and the Zoning Board of Appeals recommendation to grant a special use and major variation request for expansion of Infant Welfare Society of Evanston, Inc., 2200 Main St. * MARKED INTRODUCED – CONSENT AGENDA Alderman Rainey moved to Suspend the Rules to adopt an ordinance at the same meeting at which it was introduced. Seconded by Alderman Moran. Motion carried unanimously. Alderman Rainey moved approval of Ordinance 121-O-05. Seconded by Alderman Moran. Roll call. Voting aye – Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste. Voting nay – none. Motion carried (9-0). * Ordinance 125-O-05 – Revision to Planned Development (Sienna Gardens) at 1100 Clark St. – Consideration of Ordinance 125-O-05 and the Plan Commission recommendation to grant a major adjustment to the Sienna Gardens Planned Development, 1100 Clark St. * MARKED INTRODUCED – CONSENT AGENDA (Referred back to committee.) * Re-subdivision Plat – 2400 Main St. – Consideration of the SPAARC recommendation to grant preliminary and final site plan and appearance approval for a re-subdivision plat for Kap-Sum Properties, LLC, 2400 Main. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Nomination to the National Register of Historic Places – 1625 Hinman Ave. (The Homestead) - Consideration of a recommendation from the Preservation Commission to the Illinois Historic Site 5 November 14, 2005 Advisory Council (IHSAC) that 1625 Hinman Ave., (The Homestead) nomination satisfies the National Register criteria. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) HUMAN SERVICES COMMITTEE: * Approval of October Township Monthly Bills – Consideration of a recommendation to approve the Township bills, payroll and medical payments for the month of October 2005 in the amount of $89,704.99. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Acceptance of FY 05-06 Township Annual Audit – Consideration of a recommendation that the City Council, acting as Township Trustees, accept the FY 05-06 Annual Audit of the Township of Evanston. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 72-R-05 – Evanston Human Relations Commission’s Holiday Fund – Consideration of proposed Resolution 72-R-05, which authorizes acceptance of a donation to the Evanston Human Relations Commission’s Holiday Fund from American Legion Post 42. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Resolution 74-R-05 – Noyes Tenant Lease for Studio 104 - Consideration of proposed Resolution 74-R-05, which authorizes the City Manager to enter into a lease agreement with The Actors Gymnasium for Studio #104 of the Noyes Cultural Arts Center. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Proposed IDNR Lake Michigan Ecosystem Partnership Program – Consideration of the City’s participation in the Illinois Department of Natural Resources (IDNR) Lake Michigan Ecosystem Partnership Program. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) * Special Event: First Night Evanston’s Fireworks Display Request – Consideration of approval of First Night Evanston’s request to stage a fireworks display at the lakefront on December 31, 2005. * APPROVED - CONSENT AGENDA MOTION & ROLL CALL (9-0) REPORT OF THE STANDING COMMITTEES ADMINISTRATION & PUBLIC WORKS: Alderman Jean-Baptiste reported that staff requested that Change Order #3 for Phase X, Contract A with DiPaolo Company be removed from the agenda. Ordinance 128-O-05 – Exceptions to the Limitations of the Presence of Minors at Certain Licensed Establishments – Consideration of proposed Ordinance 128-O-05, which restricts individuals under the age of 21 from being in a Class B1 licensed premises after 12:00 midnight. Alderman Jean-Baptiste reported that this item was held in committee. PLANNING & DEVELOPMENT: Special Use for an Automobile Repair Establishment at 1233 Dodge Ave. – Consideration of the Zoning Board of Appeals recommendation to deny a special use request to establish an automobile repair facility at 1233 Dodge Ave. Alderman Rainey reported that the applicant requested that this item be removed from the agenda. Alderman Rainey moved that this item be removed from the agenda. Seconded by Alderman Wynne. Motion carried unanimously. 6 November 14, 2005 Major Variation request for an Open Parking space in the front yard at 2434 Sherman Ave. – Consideration of a major variation request heard by the Zoning Board of Appeals for building lot coverage and an open parking space in the front yard at 2434 Sherman Ave. Alderman Rainey reported that this item was held in committee. Nomination to the National Register of Historic Places – 2100 Ridge Ave. (Marywood Academy) – Consideration of a recommendation from the Preservation Commission to the Illinois Historic Site Advisory Council (IHSAC) that 2100 Ridge Ave. (Marywood Academy) nomination satisfies the National Register criteria. Alderman Rainey stated that Council wished to remain neutral on this nomination and moved that this item be removed from the agenda. Seconded by Alderman Moran. Motion carried unanimously. Alderman Rainey announced that consideration of the Civic Center as a local historic landmark will be done at a Special Planning & Development meeting on January 17, 2006, at 7:00 p.m. Alderman Rainey noted that Alderman Wynne had made an amendment in committee to Ordinance 120-O-05 that the special use be only for an accessory restaurant in a grocery store. HUMAN SERVICES COMMITTEE: Ordinance 124-O-05 – Leaf Blower Regulation – Consideration of proposed Ordinance 124-O-05, which amends the City Code on regulation for use of backpack-mounted or hand-held gasoline- powered leaf blower types of machines. Alderman Bernstein asked that this item be marked introduced. Alderman Wynne did not object to introduction of this ordinance. As a member of the Environment Board eight years ago, she worked to adopt the leaf blower ordinance in response to tremendous community outcry about leaf blower noise. She was surprised to find in the Environment Board’s minutes that they were willing to make a significant change based upon little testimony from the community and a small group; did not agree with the citizen who commented on landscape operator practices in Evanston. She thought most people were unaware that the leaf blower ordinance was up to allow leaf blowers from May through September, when they are banned now. Environmentalists advise that leaves should be either raked or mowed into the ground. Leaf blowers present environmental problems because they burn gasoline. She heard the Environment Board member say these leaf blowers need to be operated in a particular way to keep to 65 decibels; thought they were asking for whatever decibel level that anyone chooses to use. This ordinance would entail police officers looking at leaf blowers to find the plaque indicating the decibel level. She would rather ban leaf blowers entirely as does Highland Park. Evanston is a Tree City and, until 25 years ago, people raked or left leaves on the ground, which is better for the soil. A third issue she saw is leaf blowers being used with the operators wearing no ear protection. That is an OSHA violation and she wondered how many operators have hearing damage after carrying one of these machines on their backs with sound equivalent to a motorcycle engine. She challenged anyone to see how much time is spent using leaf blowers. They are not used for five minutes at a time. She wanted staff to sample the community to determine how many of these lower level decibel leaf blowers are in use by a variety of companies and she would do the same. She noted that she often stops and tells operators using leaf blowers that they are in violation of the ordinance, asks them to stop and they know nothing about this. As far as enforcement goes, the Environment Board looked at registering landscapers and found it difficult because many of these were mom and pop operations. She would rather ban leaf blowers outright and get people to rake because it is better for the environment. This is going backwards and they will hear from people. She urged them to think carefully about this change. Alderman Moran, too, was concerned because this represents a major policy shift that has gone unnoticed. He was in the dark about where this came from. He has never had anybody call and tell him the leaf blower ordinance is a bad law and get rid of it. He could understand the industry’s position and they have to consider that. He still gets a fair number of leaf blower calls and they don’t go in this direction. He hears from people who want the hours cut back on leaf blowers and 7 November 14, 2005 don’t say to have leaf blowers year round or expand hours in the spring/fall when they are allowed. During the Human Services Committee meeting, he learned there is a trend in the industry to move to the 65 decibel limit, but the Environment Board representative said the standard blower on the street today would not meet this criteria. So it is proposed that there is a limit that would help, but when the proposer admitted the limit won’t be met by the average machine, he wondered about the prudence of going forward. He also noticed that the Police Department has raised a question about enforcement. They would have to buy decibel meters to enforce this. He contested the statement made earlier that this is an unenforceable ordinance. Enforcement presents challenges and, when the City can, the ordinance is enforced. If this is revised and police officers have to carry around decibel meters he thought that would further impinge on enforceability of this law. He did not object to introducing the ordinance, but the community should be aware of this. It may be the most environmentally significant ordinance they have adopted, which hopefully would impact favorably on people’s lives. He thanked the Environment Board and Mr. Prinz for raising these issues; said there are worthy ideas that they might want to incorporate in an ordinance. He advocated caution on this. Alderman Jean-Baptiste said he had referred this to the Human Service Committee at the urging of a number of landscape businesses in his ward. When he got the investigation report, he was surprised to see the motivation for this ordinance was to control and abate noise as opposed to emissions from gasoline fumes. He said many are awakened by the sound of lawn mowers from a neighbor and he has never been able to discern the (sound) difference between a mower and a leaf blower. People cut their grass all day long during the summer. He did not see rooted in reality the issue of raising such a qualitative departure in environmental protection. He suggested people are exposed to noise from lawn mowers and the proposed ordinance limits the hours and the technology is changing. The City uses leaf blowers. They ought to take into consideration that there is a trend and encourage the transition of noisy leaf blowers at 90-100 decibels to new technology. The police will call out people using leaf blowers at inappropriate times. He suggested supporting a change in the policy to allow landscapers to use these machines. APPOINTMENTS: Confirmation of Appointment of Ronald Nayler to the Zoning Board of Appeals. Alderman Rainey contacted Assistant Corporation Counsel Ellen Szymanski, staff to the Board of Ethics, to inquire about the Board of Ethic’s opinion on this appointment in response to her request. Because there was a series of meetings she thought they needed to wait for the opinion. Mayor Morton said this request was made by one alderman. There was no request from Council and suggested that Alderman Rainey could recuse herself from voting. Alderman Wynne also wanted a copy of the Board of Ethics report; said all should get a copy and read it before voting. Alderman Wynne moved that the appointment confirmation of Ronald Nayler to the Zoning Board of Appeals be held until the November 28 meeting. Seconded by Alderman Bernstein. Mayor Morton said she sat in on the Board of Ethics meeting and was not satisfied with some portions of the meeting. There was no one, even Alderman Rainey, who would say that the gentleman nominated to the ZBA would not know that he would have to recuse himself from voting on anything concerning Northwestern University. If they are going through this procedure with this particular person, what will be done with the next nomination? She suggested they look at this in an honest way and not subject a citizen who wants to do a job for the City to be put through what this gentleman is being put through. They have not done this for others from the university who are still working for the City on boards and commissions. They are doing this to someone who is highly qualified and has a history of dealing with these matters. What is being said is to pre-suppose that this individual would do something that is dishonest or prejudiced. She said they were starting something that will make it difficult for the Mayor of Evanston to nominate people for other boards and commissions. There is difficulty now getting people to volunteer. If Council members feel that this is so important because this man is with Northwestern that they will put him through the wringer, she did not get it. She saw this as a major miscarriage of justice and one day she will tell them about the Ethics Board meeting on this nomination. When they get the report, they will see the flavor and presentation by one side, when no one knew that documents were going to be brought in. People who supported this candidate could have brought in documents. A document dated 2001 was presented to the chair and not to the rest of the board. It is a miscarriage of justice to assume this person cannot be 8 November 14, 2005 confirmed because he is employed at Northwestern University and assuming that somehow he would be prejudiced. She would hate to have that done to her or to any member of Council. Alderman Bernstein said it was not the nominee’s employment at Northwestern, but the type of employment that gave rise to this question. He thought the candidate was qualified. Mayor Morton stated that she only nominates people whose credentials have been sent to her. CALL OF THE WARDS: 3rd Ward Alderman Wynne said both she and Mayor Morton were present Thursday with Jeff Schoenberg, Larry Suffredin and Frank Krusei at the beginning of the installation of the new viaduct at Main/Chicago and renewal of Evanston’s infrastructure. There will be another viaduct replaced next year and hopefully a viaduct each succeeding year until all six are done. 4th Ward. Alderman Bernstein wished all a healthy, happy and joyous Thanksgiving. 5th Ward. Alderman Holmes said the regular 5th Ward meeting would be Thursday, 7:00 p.m. at Fleetwood-Jourdain. 6th Ward. No report 7th Ward. Alderman Tisdahl thanked all who helped with the 7th Ward meeting including staff and volunteers. 8th Ward. Alderman Rainey urged all to visit a new business at 745 Howard St. called The Apple. It is a women’s boutique with clothing and spectacular accessories. Next door is a new coffee shop. 9th Ward. No report 1st Ward. No report 2nd Ward. Alderman Jean-Baptiste made a reference to the City Manager to consider snow plowing Railroad Ave., which is northwest of Optima. He noted that condominium owners who live in a building that is not occupied by 75% of owners don’t get garbage pick up. He made a reference to the City Manager for possible reconsideration of this policy. He noted on Friday, Veterans’ Day, the 1800 and 1900 blocks of Asbury were lit up with North Shore trucks towing cars and the ticketing agents were out. The reason this happened was because the City had scheduled the quarterly clean-up of the street and other locations. Usually the wooden horses and signs would be posted that street clean-up would occur. That did not happen. People called him because their cars were towed. He suggested that for residential streets adjacent to commercial districts where they don’t have the resources and space for alternate parking, that they get a person to go by with a broom and shovel and clean up as opposed to this drama, where there is no progress. The next week the place is filthy again. Be sure to notify people of quarterly clean-ups. He suggested reimbursing people whose cars were towed. At 9:55 p.m., Alderman Bernstein moved that Council convene into Executive Session to discuss matters of real estate, litigation and closed session minutes pursuant to 5 ICS 120/2 (c) (5), (6), (11) and (21). Seconded by Alderman Rainey. (5) The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. (6) The setting of a price for sale or lease of property owned by the public body. (11) Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. (21) Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the 9 November 14, 2005 minutes or semi-annual review of the minutes as mandated by Section 2.06. Roll call. Voting aye –Wynne, Bernstein, Holmes, Moran, Tisdahl, Rainey, Hansen, Wollin, Jean-Baptiste. Voting nay – none. Motion carried (9-0). There being no further business to come before the Council, Mayor Morton asked for a motion to adjourn and the Council so moved at 10:37 p.m. Mary P. Morris, City Clerk A videotape recording of this meeting has been made part of the permanent record and is available in the City Clerk’s office.