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HomeMy WebLinkAboutMarch 13, 2023Page 1 MINUTES March 13,2023 REGULAR CITY COUNCIL MEETING CITY OF EVANSTON,ILLINOIS LORRAINE H.MORTON CIVIC CENTER JAMES C.LYTLE COUNCIL CHAMBERS Monday,March 13th,2023 Present:Councilmember Kelly Councilmember Suffredin Councilmember Harris (virtual)Councilmember Burns Councilmember Wynne Councilmember Revelle Councilmember Nieuwsma Councilmember Geracaris (8) Absent:Councilmember Reid Presiding:Mayor Daniel Biss Stephanie Mendoza City Clerk Page 2 MINUTES March 13,2023 (II)MAYOR PUBLIC ANNOUNCEMENTS &PROCLAMATIONS Mayor Daniel Biss (III)CITY MANAGER PUBLIC ANNOUNCEMENTS City Manager Luke Stowe (IV)COMMUNICATIONS:CITY CLERK City Clerk Stephanie Mendoza (V)PUBLIC COMMENT Name Agenda Item /Topic Roberta Hudson P2 Tina Paden Connections for the Homeless Mike Vasilko SP1,A9,Climate Action Carlis Sutton Redlining Patrick Keenan-Devlin SS1 Michael Hoff A9 Cindy Castro SS1 Darlene Cannon Small Business Assistance Program,Redlining Doreen Price Affordable Housing,Climate Action,ARPA evanstonlivetv@gmail.com Reparations Haley Guion P2,P3 Radica Sutz P2 Ray Friedman Northwestern owned properties -property taxes Written Received Public Comment Page 3 MINUTES March 13,2023 (VI)SPECIAL ORDERS OF BUSINESS SPB1.Prioritizing the Use of Unallocated ARPA Funds was discussed Staff recommended that the City Council discuss and prioritize the use of the unallocated ARPA Funds. American Rescue Plan Act (ARPA)funds,account 170.99.1700.55251 Motion:Councilmember Nieuwsma Second:Councilmember Geracaris For Discussion CONSENT AGENDA Items A2,A7,A9,A17,A18,P2 and P3 were removed from the Consent Agenda Motion:Councilmember Nieuwsma Second:Councilmember Wynne For Action Items Approved 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid (VII)CONSENT AGENDA -CITY COUNCIL MINUTES M1.The Minutes of the Regular City Council meeting of February 27,2023 was approved Staff recommended the approval of the Minutes of the Regular City Council meeting of February 27,2023. For Action Approved on Consent Agenda (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A1.City of Evanston Payroll,Bills List,and Credit Card Activity was approved Staff recommended City Council approval of the City of Evanston Payroll for the period of February 13,2023,through February 26,2023,in the amount of $3,772,734.64 and the Bills List for March 14,2023,in the amount of $3,603,359.98,and credit card activity for the period ending January 26,2023,in the amount $265,880.65. For Action Approved on Consent Agenda Page 4 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A2.BMO Harris Amazon Credit Card Activity was approved Staff recommended approval of the City of Evanston’s BMO Harris Amazon Credit Card Activity for the period ending January 26,2023,in the amount of $12,280.76. Motion:Councilmember Nieuwsma Second:Councilmember Wynne For Action Item Approved 7 -0 -1 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Revelle,Geracaris Nayes:None Abstain:Suffredin Absent:Reid A3.A Sole-Source Annual Renewal of the CAD Software License and Service Agreement with CentralSquare Technologies was approved Staff recommended that the City Council authorize the City Manager to renew the sole source software license and service agreement with CentralSquare Technologies (1000 Business Center Drive,Lake Mary,FL)for the Police Department’s CAD (Computer Aided Dispatch)software in the amount of $93,898.05.The Agreement is effective from May 1,2023,through April 30,2024.A sole-source purchase requires a 2/3 vote of the Councilmembers. Funding will be provided by the Emergency Telephone System Account 205.22.5150.62509 (Service Agreements &Contracts)with an FY23 budget of $335,000 and a YTD balance of $299,924.80. For Action Approved on Consent Agenda A4.A Sole Source Agreement with Superion,LLC,for CAD (Computer Aided Dispatch)Server Migration Services was approved Staff recommended that the City Council authorize the City Manager to execute a sole source agreement with Superion,LLC,a Central Square Company (1000 Business Center Drive Lake Mary,FL 32746)for CAD server migration services in the amount of $25,350.00. Funding will be provided by the Emergency Telephone System Account 205.22.5150.65515 (Other Improvements)with an FY23 budget of $450,000 and a YTD balance of $450,000. For Action Approved on Consent Agenda Page 5 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A6.A Contract with Environmental Consulting Group to Conduct a Site Investigation and Obtain an Illinois EPA NFR Letter for the property located at 729 W.Howard Street was approved Staff recommended City Council approval for a sole source contract with Environmental Consulting Group totaling $28,111 to Conduct a Site Investigation and Obtain an Illinois EPA No Further Remediation (NFR)Letter for the property located at 729 W.Howard Street.A sole-source purchase requires a 2/3 vote of the Councilmembers. Howard Ridge Tax Increment Finance (TIF)account #330.99.5860.65507. Approximately $1.5 million remains in the TIF for economic development purposes. For Action Approved on Consent Agenda A7.A Contract Award to Worxbee to provide a shared pool of 80hrs/month of Virtual Executive Assistant service to Councilmembers was tabled at Administration & Public Works Councilmember Burns and City staff requested that the APW Committee table the award of the contract with Worxbee until the March 27,2023,Committee meeting. Funding for this work will be from the General Fund,City Council,and external services account (100.13.1300.62175),which has a FY2023 budget allocation of $68,042,all of which is remaining. For Action Tabled at Administration &Public Works A8.A Sole Source Renewal of Dell Pro Support Q1 2023 was approved Staff recommended City Council approval for the sole source purchase to renew ProSupport agreements with Dell Technologies (1 Dell Way,Round Rock,TX 78682)in the amount of $37,883.24 .A sole-source purchase requires 2/3 vote of the Councilmembers. This expense will be charged to IT account 100.19.1932.62340 (IT Computer Software)which has a FY 2023 budgeted amount of $1,420,000.00 and a year-to-date balance of $1,333,571.11. For Action Approved on Consent Agenda Page 6 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A9.A Contract with Hacienda Landscaping for the Twiggs Park Skate Park (Bid 23-03)was approved Staff recommended City Council authorize the City Manager to execute a contract with Hacienda Landscaping Inc.(17840 Grove Road,Minooka,IL 60447)for the Twiggs Park Skate Park (Bid 23-03)in the amount of $1,757,266.00. Funding will be from the Capital Improvement Fund 2021 General Obligation Bonds in the amount of $15,000;the 2022 General Obligation Bonds in the amount of $1,250,000;an OSLAD grant from the Illinois Department of Natural Resources in the amount of $400,000;and from the General Fund available cash balance in the amount of $92,266.A detailed financial analysis is included below. Motion:Councilmember Geracaris Second:Councilmember Nieuwsma For Action Item Approved 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid A10.The 2023 Calendar of Special Events was approved Staff recommended approval of the 2023 list of special events contingent upon compliance of all requirements as set forth by the Special Event Policy &Guidelines. This year ’s calendar includes 2 new events. Costs for city services provided for events require a 100%reimbursement from the sponsoring organization or event coordinator.These fees are waived for City events and City co-sponsored Events. For Action Approved on Consent Agenda Page 7 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A11.A Purchase of Five Electric Vans,One Salt Spreader Body,and One Boat for Various City Departments was approved Staff recommended the City Council authorize the City Manager to enter into a purchase agreement with Currie Motors (10125 W.Laraway Rd,Frankfort,IL 60423)in the amount of $294,096.20 for five (5)2023 ETransit 350 Cargo Vans as replacement vehicles for Facilities &Fleet Management and for Parking Maintenance,a purchase agreement with Lindco Equipment Sales (2168 East 88th Drive,Merriville,IN 46410)in the amount of $68,501.00 for one (1)2023 Swenson EV100-15-84-56-SS Salt Spreader Body as a new addition for the Public Works Agency as part of the Workforce Development Program,and Gage Marine (5167 State Highway 50,Delevan,WI 53115) in the amount of $56,091.00 for one (1)2023 170 Montauk Boat and Trailer as a replacement for Parks and Recreation.The total purchase amount is $418,688.20. Funding for the five (5)Electric Vans and one (1)Boat and Trailer will be from the Automotive Equipment Fund (Account 601.19.7780.65550)in the amount of $350,187.50,which has an FY 2023 budgeted amount of $2,700,000.00.This expenditure represents 6.8%of this budgeted amount. Funding for the purchase of the Salt Spreader Body in the amount of $68,501.00 will be through the transfer of $930,000 in American Rescue Plan (ARPA)funds for the Workforce Development/Water Line Replacement Program with an unencumbered balance of $639,986 to the Equipment Replacement Fund (Account 601.19.7780.65550). For Action Approved on Consent Agenda A12.A Sole Source Purchase and programming of 37 Motorola APX Public Safety Mobile Radios from Chicago Communications,LLC.was approved Staff recommended that City Council authorize the Sole Source purchase of thirty-seven (37)Motorola APX Public Safety VHF Mobile Radios from Chicago Communications,LLC (200 Spangler Ave,Elmhurst,IL 60126)for a total of $115,035.86.Installation and programming of radios are included in the cost.A Sole Source purchase requires a 2/3 vote of the Councilmembers. This expense will be allocated to Account 100.23.2315.65515,which has no budget in 2023.This expense will be offset by projected excess revenue from GEMT (100.23.2315.53676)in 2023 and will require a budget amendment. For Action Approved on Consent Agenda Page 8 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A13.Resolution 20-R-23,Authorizing the City Manager to Execute the Illinois Public Works Mutual Aid Network Agreement was approved Staff recommended approval of Resolution 20-R-23,authorizing the City Manager to execute a mutual aid agreement with the Illinois Public Works Mutual Aid Network. There is a $500 annual membership cost for communities with a population greater than 75,000.Funding will be provided from the Public Works Administration business unit (Account 100.40.4105.62360),which has a 2023 budget of $2,450,all of which is remaining. For Action Approved on Consent Agenda A14.Resolution 23-R-23,Appointing Mary Dankwa as the City of Evanston's Authorized Agent for the Illinois Municipal Retirement Fund was approved Staff recommended the adoption of Resolution 23-R-23,Appointing Mary Dankwa as the City of Evanston's Authorized Agent for the Illinois Municipal Retirement Fund. For Action Approved on Consent Agenda A15.Ordinance 28-O-23 Authorizing the City Manager to Execute a Sale Contract for City-Owned Real Property located at 1739 Brown Avenue and 1319 McDaniel Avenue to Evanston Township High School District No.202 was approved for introduction Staff recommended adoption of Ordinance 28-O-23 authorizing the City Manager to execute a sale contract for City-owned real property at 1739 Brown Avenue and 1319 McDaniel Avenue to Evanston Township High School (“ETHS”)in conformance with the terms of the Intergovernmental Agreement (“IGA”)between the City of Evanston and Evanston Township High School for the Geometry in Construction (GIC)class. For Introduction Approved on Consent Agenda for Introduction Page 9 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A16.Ordinance 32-O-23,To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No.1529 was approved for introduction Staff recommended City Council adoption of Ordinance 32-O-23,To Approve the Construction of a Local Improvement Known as Evanston Special Assessment No. 1529. Funding will be from the Special Assessment Fund (Account 420.40.6000.65515 – 423001),which has an approved FY 2023 budget of $375,000 and a YTD balance of $375,000,and from the 2023 General Obligation Bonds (Account 415.40.4123.65515 – 423001),which has an approved FY 2023 budget of $375,000 and a YTD balance of $375,000. For Introduction Approved on Consent Agenda for Introduction Page 10 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A17.Ordinance 36-O-23,Amending City Code Section 3-4-6(D)to Increase the Number of Class D Liquor Licenses from Sixty-Nine to Seventy for Carter Investments,Inc.d/b/a Soul &Smoke,1601 Payne Street was approved for introduction and adopted The Liquor Control Review Board recommended City Council approval of Ordinance 36-O-23,amending City Code Section 3-4-6(D)to increase the number of Class D liquor licenses from sixty-nine to seventy.Councilmember Burns recommended suspending the City Council rules for introduction and action at the March 13,2023, City Council meeting. Councilmember Kelly moved to suspend the City Council rules for introduction and action Motion:Councilmember Kelly Second:Councilmember Nieuwsma Motion Passed 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid Councilmember Nieuwsma moved for introduction and action Motion:Councilmember Nieuwsma Second:Councilmember Kelly Motion Passed 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid For Introduction and Action Item Adopted 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid Page 11 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A18.Ordinance 37-O-23,Amending City Code Section 3-4-6(F-3)to Increase the Number of Class F-3 Liquor Licenses from Zero to One for Bookends and Beginnings,LLC d/b/a Bookends and Beginnings,1620 Orrington Avenue was approved for introduction and adopted The Liquor Control Review Board recommended City Council approval of Ordinance 37-O-23,amending City Code Section 3-4-6(F-3)to increase the number of Class F-3 liquor licenses from zero to one.Councilmember Kelly recommends suspending the City Council rules for introduction and action at the March 13,2023,City Council meeting. Councilmember Kelly moved to suspend the City Council rules for introduction and action Motion:Councilmember Kelly Second:Councilmember Nieuwsma Motion Passed 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid Councilmember Nieuwsma moved for introduction and action Motion:Councilmember Nieuwsma Second:Councilmember Kelly Motion Passed 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid For Introduction and Action Item Adopted 8 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Burns,Suffredin,Revelle,Geracaris Nayes:None Absent:Reid Page 12 MINUTES March 13,2023 (VIII)CONSENT AGENDA -ADMINISTRATION &PUBLIC WORKS COMMITTEE A19.A Change Order No.2 with SmithGroup,Inc.for the Evanston Shoreline Repairs (RFQ 21-45)was approved Staff recommended that City Council authorize the City Manager to execute Change Order No.2 with SmithGroup,Inc.(35 East Wacker,Suite 900,Chicago,IL 60601)for the Evanston Shoreline Repairs (RFQ 21-45).This change order will extend the contract time by 244 calendar days,modifying the completion deadline from March 31, 2023,to November 30,2023. For Action Approved on Consent Agenda (IX)CONSENT AGENDA -PLANNING &DEVELOPMENT COMMITTEE P1.Ordinance 26-O-23,Granting a Special Use Permit to Allow for Outdoor Storage and Open Sales and Approving Major Variations Pursuant to City Code 6-3-8-4(D),on the Property Located at 2201 Oakton Street,in the I1 Industrial/Office District and the oRD Redevelopment Overlay District was approved for introduction The Land Use Commission recommended the adoption of Ordinance 26-O-23 granting a Special Use Permit to allow for outdoor storage and open sales and approving Major Variations pursuant to City Code 6-3-8-4(D),on the property located at 2201 Oakton Street,in the I1 Industrial/Office District and the oRD Redevelopment Overlay District.The applicant has complied with all zoning requirements and meets all of the Standards for Special Use for both districts. For Introduction Approved on Consent Agenda for Introduction Page 13 MINUTES March 13,2023 (IX)CONSENT AGENDA -PLANNING &DEVELOPMENT COMMITTEE P2.Ordinance 34-O-23,approving a Special Use and Major Variations for a religious institution at 1801-1805 Church Street was approved for introduction Land Use Commission recommended denial of the requested zoning relief.In late 2020 and early 2021,the Economic Development Committee recommended approval of and the City Council adopted Ordinance 4-O-21 authorizing the City Manager to negotiate a purchase and sales agreement with a joint entity including Mt.Pisgah Ministry,Inc.and Housing Opportunity Development Corporation (HODC)for the redevelopment of the vacant parcels to include a mixed-use building with affordable housing.See Legislative History for additional information. Motion:Councilmember Burns Second:Councilmember Geracaris Councilmember Kelly moved to hold the item Motion:Councilmember Kelly Second:None Motion failed for a lack of a second For Introduction Item Approved for Introduction 6 -2 Ayes:Harris,Wynne,Nieuwsma,Burns,Revelle,Geracaris Nayes:Kelly,Suffredin Absent:Reid Page 14 MINUTES March 13,2023 (IX)CONSENT AGENDA -PLANNING &DEVELOPMENT COMMITTEE P3.Ordinance 35-O-23,approving Major Variations for the construction of a new 5-story mixed-use building at 1811-1815 Church Street was approved for introduction as amended Land Use Commission recommended approval of Ordinance 35-O-23 approving Major Variations from the Evanston Zoning Code to allow for the construction of a new 5-story mixed-use building with ground floor retail,44 dwelling units above,46 on-site vehicle parking and 26 bike parking spaces at 1811-1815 Church Street,HODC,in the B2 Business and oWE West Evanston Overlay Districts. In late 2020 and early 2021,the Economic Development Committee recommended approval of and the City Council adopted Ordinance 4-O-21 authorizing the City Manager to negotiate a purchase and sales agreement with a joint entity including Mt. Pisgah Ministry,Inc.and Housing Opportunity Development Corporation (HODC)for the redevelopment of the vacant parcels to include a mixed-use building with affordable housing.See Legislative History for additional information. Motion:Councilmember Burns Second:Councilmember Nieuwsma Councilmember moved to amend the item with the following language,HODC shall work with the Preservation Commission prior to demolition to review the construction management plan,photo documentation of existing conditions,and a report issued by a certified structural engineer that documents measures taken to ensure the proposed construction activities will not have a structural impact on the landmarked building at 1817 Church Street.HODC will also ensure that the development complies with Chapter 4-13,Floodplain Regulations,of the Evanston City Code and the Watershed Management Ordinance of the Metropolitan Water Reclamation District,prior to the issuance of any building permits Motion:Councilmember Burns Second:Councilmember Revelle Motion Passed 6 -1 Ayes:Harris,Wynne,Nieuwsma,Burns,Revelle,Geracaris Nayes:Kelly Absent:Suffredin,Reid For Introduction Item Approved for Introduction as amended 6 -2 Ayes:Harris,Wynne,Nieuwsma,Burns,Revelle,Geracaris Nayes:Kelly,Suffredin Absent:Reid Page 15 MINUTES March 13,2023 (X)CONSENT AGENDA -HUMAN SERVICES COMMITTEE HS1.Ordinance 19-O-23 Amending of Title 8,Chapter 5,“Weeds”of the City Code was adopted The Human Services Committee recommended the adoption of Ordinance 19-O-23 Amending Title 8,Chapter 5,“Weeds”of the City Code. For Action Adopted on Consent Agenda HS2.Ordinance 22-O-23,Amending the City Code of Evanston Title 9,Chapter 4, Section 5 “Certain Animals Prohibited”to Allow Roosters for Educational Purposes was adopted Councilmember Harris and the Human Services Committee recommended the adoption of Ordinance 22-O-23,Amending the City Code of Evanston Title 9,Chapter 4,Section 5 “Certain Animals Prohibited”to Allow Roosters for Educational Purposes. For Action Adopted on Consent Agenda HS3.Ordinance 23-O-23,Amending City Code 7-2-9(B),“Fourth of July Parade Parkway Regulations”to include all parades held within the City of Evanston was adopted Councilmember Reid and the Human Services Committee recommended the adoption of Ordinance 23-O-23,Amending City Code 7-2-9(B),“Fourth of July Parade Parkway Regulations,”to include all parades held within the City of Evanston. For Action Adopted on Consent Agenda HS4.Ordinance 25-O-23,Amending City Code 7-11-8,“Regulations of Dog Beach” was approved for introduction Staff and the Human Services Committee recommended the adoption of Ordinance 25-O-23,Amending City Code 7-11-8,"Regulations of Dog Beach." Dog Beach rules signage in the amount of $125 will be purchased through the General Fund –Beaches/Safety Equipment (100.30.3080.65090)which has a FY23 budget of $2,200 and a remaining balance of $2,200. For Introduction Approved on Consent Agenda for Introduction Page 16 MINUTES March 13,2023 (XI)CONSENT AGENDA -SOCIAL SERVICES COMMITTEE SS1.An Additional FY 2023 Public Services Funding for External Partners to Provide Case Management,Safety Net,and Support Services to Evanston Residents was approved Staff recommended approval by the City Council of an additional allocation of funding from the Human Services Fund in the amount of $300,410 to bring the total funding allocated for FY2023 from $983,873 to $1,295,900.This total would be composed of $1,036,783 from the Human Services Fund and $259,117 from the City’s Community Development Block Grant fund. Human Services Fund 176.21.4651.XXXXX (each agency has a specific object code) For Action Approved on Consent Agenda (XII)CONSENT AGENDA -MWEBE COMMITTEE MWEBE 1.Ordinance 18-O-23,Amending the City Code,Amending the City Code Section 1-17-1 of “Concerning Minority and Women Owned Business Requirements” Adding Disadvantage Business Enterprise was adopted Councilmember Burns and the MWEBE Development Committee recommended the adoption of Ordinance 18-O-23,Amending the City Code Section 1-17-1,“concerning Minority and Women-owned business requirements adding Disadvantage Business Enterprise.” For Action Adopted on Consent Agenda Page 17 MINUTES March 13,2023 (XIII)CALL OF THE WARDS Ward 1:No Report Ward 2:No Report Ward 3:No Report Ward 4:Office Hours April 15 at Dollop 1508 Sherman 4th Ward Meeting April 19 Robert Crown Ward 5:March 18 Mobile DMV and Senior Resource Fair at Fleetwood-Jourdain 10:00 am -2:00 pm Ward 6:No Report Ward 7:7th Ward Meeting March 15 7:00 pm at Parasol Room Civic Center Ward 8:Absent Ward 9:9th Ward Meeting March 29 7:00 pm -8:30 pm (virtually) (XIV)EXECUTIVE SESSION Councilmember Nieuwsma led City Council into Executive Session pursuant to 5 ILCS 120/2(a)to discuss agenda items regarding collective negotiation and litigation,The agenda items are permitted subjects to be considered in Executive Session and are enumerated exceptions under the Open Meetings Act,with the exceptions being 5 ILCS 120/2(a)(c)2,and (c)11. Motion:Councilmember Nieuwsma Second:Councilmember Wynne Convene into Executive Session 9:52 p.m. Motion Passed 7 -0 Ayes:Kelly,Harris,Wynne,Nieuwsma,Suffredin,Revelle,Geracaris Nayes:None Absent:Burns,Reid (XIV)ADJOURNMENT Mayor Biss called a voice vote to adjourn the City Council meeting,and by unanimous vote,the meeting was adjourned at 11:04 p.m.