CITY COUNCIL MEETING
MONDAY, OCTOBER 26, 2009
REGULAR CITY COUNCIL MEETING
PRESENT: Mayor Carol Rudi
Mayor Pro Tem Les Smith
Councilmember Carol Suter
Councilman Barry McCullough
City Manager Kirk Davis
Assistant City Manager Scott Wingerson
City Counselor David Ramsay
City Clerk Cathy Swenson
ABSENT: Councilman Mark Revenaugh
Item 2. on the Agenda. ROLL CALL
Mayor Carol Rudi opened the Regular October 26, 2009, City Council Meeting at 7:30 PM in the Gladstone City Council Chambers, and noted that Councilman Mark Revenaugh was not in attendance.
Item 3. on the Agenda. PLEDGE OF ALLEGIANCE.
Mayor Carol Rudi led the Pledge of Allegiance, in which all joined.
Item 4. on the Agenda. APPROVAL OF THE REGULAR OCTOBER 12, 2009, CITY COUNCIL MEETING MINUTES.
Councilman Barry McCullough moved to approve the Regular October 12, 2009, City Council Meeting Minutes as presented. Councilmember Carol Suter seconded. The vote: “Aye” – Councilman Barry McCullough, Councilmember Carol Suter, and Mayor Pro Tem Les Smith. “Abstain” – Mayor Carol Rudi. (3-0-1).
Item 5. on the Agenda. PROCLAMATION: Recognizing November 2009, as National American Indian Heritage Month.
Mayor Rudi read and presented the Proclamation to Maggie Henderson, a member of the William Boydston Chapter National Society Daughters of the American Revolution, who thanked the Mayor and Council.
Item 6. on the Agenda. CONSENT AGENDA
City Manager Kirk Davis asked that Resolution R-09-86 be removed from the Consent Agenda for consideration under the Regular Agenda.
Mayor Rudi said Resolution R-09-86 would be considered under the Regular Agenda as Item 6a.
Councilmember Carol Suter moved to approve the Consent Agenda as amended. Councilman Barry McCullough seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-82, authorizing the City Manager to accept a Bill of Sale from Peterson Development Company Incorporated and Holthouse Construction conveying to the City a Sanitary Sewer, Storm and Water Lines built in conjunction with construction of The Preserve at Carriage Hill Estates subdivision at 6833 North Myrtle Avenue, Gladstone, Missouri. Councilman Barry McCullough seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-83, authorizing the City Manager to accept a Bill of Sale from Peterson Development Company Incorporated and Superior Bowen Asphalt Company LLC conveying to the City a Street, Curb and Gutter and Sidewalks built in conjunction with construction of The Preserve at Carriage Hill Estates subdivision at 6833 North Myrtle Avenue, Gladstone, Missouri. Councilman Barry McCullough seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-84, authorizing execution of a contract with Precision Construction and Contracting, LLC, in the total amount not to exceed $536,581.90 for the M-1 Bicycle/Pedestrian Trail, Project TP0771, pending concurrence from the Missouri Department of Transportation. Councilman Barry McCullough seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-85, authorizing the Mayor, City Council members, City Manager, Director of Parks and Recreation, and Chairman of the Parks and Recreation Advisory Board to execute all necessary applications and other documents to seek a Grant-in-Aid under the Missouri Department of Natural Resources Land and Water Conservation Fund for City of Gladstone Park Improvements. Councilman Barry McCullough seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to adopt RESOLUTION R-09-87, authorizing execution of Water Tower Antenna Site Leases with Clear Wireless, a Nevada Limited Liability Company, for the Antioch Water Tower and the Linden Water Tower. Councilman Barry McCullough seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to approve a LIMITED ONE-DAY LIQUOR BY THE DRINK LICENSE for Oakhill Day School, 7019 North Cherry, for the annual auction event on Saturday, March 6, 2010. Hours: 5:30 PM - 11:30 PM. Managing Officer: Frances A. Pasbach. Councilman Barry McCullough seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Councilmember Carol Suter moved to approve THE SEPTEMBER 2009 FINANCIAL REPORT. Councilman Barry McCullough seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Item 6a. on the Agenda. RESOLUTION R-09-86, amending the 2010 Annual General Fund Budget for the City of Gladstone, Missouri and authorizing expenditures of funds.
Mayor Rudi explained to the audience that this item was removed from the Consent Agenda, as this is part of the Open Study Session that was going to be addressed at the end of the Regular meeting, but instead, it will be incorporated into the Regular meeting.
Finance Director Debra Daily began by saying the year-end closing for fiscal year 2009 has been completed. Each fund was analyzed and was found to have revenues greater than or equal to expenditures at fiscal year end. The audit of all the funds is complete and results of the completed audit were presented to the Council at this evening’s Open Study Session. The General Fund, Community Center Park Tax Fund, and the Combined Waterworks and Sewerage System Fund will be discussed individually in detail in this presentation, along with the recommended re-appropriations for the General Fund. The General Fund is the only fund with re-appropriations.
Director Debra stated she would begin her report with the General Fund, which is referenced in Council’s packet materials as Exhibit “A”. The total revenues for the General Fund for fiscal year 2009 were $16,706,624, or $575,682 over estimated revenues. With the exception of sales tax, all revenues came in over budget. The collection of Property Tax was $78,861 over estimated budget figures. This increase was due to the adjusted levy assessment on Personal Property. Sales Tax Revenue was $14,218 under estimated projections. Director Daily said Council members might recall that at mid-year, the expected budget was cut back by three percent so the year was ended 3.5 percent under the original budget. This decrease was a direct result of the stressed economy. The Gross Receipts Tax actual revenues were $144,683 over estimated gross receipts, and all gross receipt categories met or exceeded budget. However the majority of the fiscal year 2009 increase, or $100,072, came from Utility Gross Receipts.
Director Daily continued by saying the Licenses and Permits revenues for fiscal year 2009 were projections by $64,776. This increase was directly attributed to license and permits required for re-building after the May tornado that carried into the fiscal year 2009. The Intergovernmental Revenues are primarily composed of Motor Vehicle Sales Taxes, Vehicle Registration fees, and this year’s Special Road District fees. Revenues did increase by $110,046 over estimated revenues; however, revenues related to the Special Road District came in during fiscal year 2009 instead of fiscal year 2010, as originally anticipated. These funds were budgeted for use in fiscal year 2010; consequently, an equity adjustment was made to bring those funds into fiscal year 2010. That fund generally stayed level.
Director Daily reported that Charges for Services revenues increased by $49,850 over budgeted projections. Fines and Forfeitures revenues were over budgeted projections by $118,533 due to increased traffic enforcement. The final category, Miscellaneous Revenue, had revenues over budget by $23,150, mainly due to better than expected interest earnings. Director Daily said the City currently invests in local CDs (Certificate of Deposit), and those CDs are bringing in a higher rate, generally, than the market. Expenditures across all Departments were under projected budget by $668,167. This was directly due to savings in payroll and benefits.
Director Daily summarized by saying actual fiscal year 2009 revenues came in over budget by $575,682. Comparing actual revenues in fiscal year 2009 to fiscal year 2008, there is a total increase of $694,353 over fiscal year 2008. The Personal Property Tax levy adjustment and wireless revenues account for the majority of the increase over fiscal year 2008. Actual expenditures in the General Fund came in under budget as stated previously, so net income for the year totaled $1,012,290, and the ending unrestricted fund balance was $4,196,563.
Director Daily stated the next item she would discuss would be re-appropriations, and began by saying that as has been the practice, re-appropriations are considered after the year-end financial audit is completed and the status of certain projects is known. Re-appropriations are items that were appropriated and budgeted in the prior fiscal year, but were not expended. Re-appropriations totaling $1,801,208 represent reserve transfers, ongoing contracts, and projects expected to be completed in fiscal year 2010, and therefore, are being recommended for re-appropriation. A listing of the re-appropriations with justification can be found in Exhibit “B” of Council’s packet information. Director Daily stated City Management recommends the following re-appropriations:
General Administration - there is $8,661.48 recommended for unpaid Risk Program costs.
Finance - there is $9,000 recommended for Innoprise software configuration costs. Funds in the amount of $2,400 are recommended for AT&T circuits, and $1,880 is recommended for installation of a projector in the north conference room in City Hall.
Public Safety – funds in the amount of $600 was encumbered and is recommended for re-appropriation for an Alamar uniform for a Public Safety officer.
Community Development - there is $28,900 recommended for Neighborhood Grants, and $7,900 recommended for the Form Base Code Project.
Parks and Recreation - $300 is recommended for a concrete pad for a park bench, and $1,393 is recommended for the park bench.
Non-Departmental – Director Daily said this category has the largest re-appropriation figures. It is recommended to spend $200,000 to pay off a portion of a land loan with First Bank of Missouri; the City generally tries to pay $200,000 for this each year. Funds in the amount of $21,276 are recommended for re-appropriation to pay outstanding insurance claims. A transfer to the Capital Replacement Fund from the General Fund in the amount of $750,000 is recommended for reimbursement of the funds utilized in the fiscal year 2009 budget to purchase equipment and for a reserve to fund future purchases. An encumbrance in the amount of $5,096.82 is recommended, which is related to the Atkins Johnson Farm contracts. The final item is a recommended transfer from the General Fund to the Technology Replacement Fund in the amount of $43,800. This request covers the reimbursement of funds utilized in the fiscal year 2009 budget to purchase equipment and as a reserve to fund future technology and software purchases, and also to fund E-Gov service implementations.
Director Daily reported that the total General Fund re-appropriations total $1,081,208, and after re-appropriating these recommendations into the fiscal year 2010 budget, the General Fund’s available balance, including the recommended re-appropriations, is projected to be $2,980,980, which exceeds the estimated 20 percent fund balance requirement of $2,958,679 by $22,302. Directory Daily stated this concludes the General Fund report, and invited questions from the City Council.
Mayor Pro Tem Smith inquired into the progress of the E-Gov initiative.
Director Daily said the Com-Dev portion of the software has just been implemented, and also the utility billing software. That just went “live” in September, and staff is just now able to look at the citizen access piece of that, and there have been meetings with Innoprise. Staff is aware of what the products can do for the City. Regarding the citizen access piece, the question is the budget. Staff is currently reviewing the on-line bill payment process, and the question is regarding an administration fee or a fee of two to three percent of the revenues. Relative to the water fund, and the stress it is under, those are considerations that staff will be bringing forward to Council. Staff is moving forward with this process, and citizens will be able to do certain things on-line with Community Development. Staff is just beginning the implementation of the financials. Council’s direction was to look at the E-Gov piece of this in terms of on-line bill payments, and access to various forms on-line, and to have citizen requests registered on-line. Director Daily stated we have that software, but we have to be able to have work orders in place, which is part of the financial package, and staff is moving forward with this.
Mayor Pro Tem Smith asked for an explanation of the Neighborhood Grants Program.
Assistant City Manager Scott Wingerson reported that the Neighborhood Grants Program has been part of the Gladstone Neighborhood Commission’s action plan for the last couple of years. It took the first year to get the program rolled out into the community. Most of the $28,000 is spoken for in Bolling Heights, Oak Lane Townhomes, and Linden. That money will be transferred to GEBC (Gladstone Economic Betterment Council), and the projects will be paid from that fund.
Mayor Pro Tem Smith said the Neighborhood Commission is doing some fine work.
Director Daily stated she would continue by next addressing the Community Center and Park Tax Fund, and said Parks and Recreation Director Sheila Lillis has already given City Council members a full report, so she would just provide a brief overview of year-end financials. Director Daily stated that for fiscal year 2009, the Community Center and Park Tax Fund had a net income of $211,790 or $209,998 over budgeted net income. Actual revenues totaled $2,844,430 and expenses totaled $2,632,640. The Community Center, Natatorium, and Municipal Pool had revenues of $1,920,946 and $165,799 respectfully. This amounts to $36,592 over the projected budget.
Director Daily reported that the Community Center had operating expenses of $706,103, the Natatorium’s operating expenses were $587,661, and the Municipal Pool had operating expenses totaling $132,304. Non-Departmental expenses for debt service, insurance and transfers totaled $1,206,572. Actual expenses were under budgeted expenditures by $237,353. The ending fund balance of $1,463,155 is $216,527 over the projected fund balance of $1,246,628. There were no recommendations for re-appropriations in this fund; or the Combined Waterworks and Sewerage System (CWSS) Fund; consequently, there will be no change in the fiscal year 2010 budget.
Director Daily continued by reporting on the Combined Waterworks and Sewerage System Fund, by saying for fiscal year 2009, the Combined Waterworks and Sewerage System Fund achieved a balanced budget despite the significant drop in water revenues. Actual revenues, including transfers from reserves, were $6,775,855, while budgeted revenues were $6,898,279. Initially, the use of reserves was budgeted at $200,000 in order to achieve a balanced budget. However, only $156,215 of the reserve was used.
Note: due to the loss of Director Daily’s voice, City Manager Davis provided the remainder of the report.
City Manager Davis reported that the total operating revenues were $6,424,909. This was $42,639 below projections. Actual expenses were $6,775,855. While estimated expenses were $6,883,476. City Manager Davis said the City did not sell as much water, so the revenues were reduced, and the expenditures were also reduced. There are no requests for re-appropriations in this fund. The twenty percent fund balance and all the debt obligations are being covered, and the adjustment is in the equity transfer that allows the budget to be balanced for the end of the year. City Manager Davis said he is pleased that money is being made in the Community Center Fund. That money goes into a fund balance to help offset projected future deficits. The Water Fund is an issue that will need to be followed closely this year. It was balanced the end of this fiscal year; however, revenues continue to struggle a little bit as seen in the financial statement that was approved this evening. City Manager Davis said staff is pleased to make a positive adjustment in the General Fund. City Manager Davis offered to answer any questions Council members might have.
Councilmember Carol Suter moved to adopt RESOLUTION R-09-86, amending the 2010 Annual General Fund Budget for the City of Gladstone, Missouri and authorizing expenditures of funds. Mayor Pro Tem Les Smith seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0)
Item 7. on the Agenda. COMMUNICATIONS FROM THE AUDIENCE.
Mayor Rudi introduced members of the Trails Homeowners Association as follows: Joan Johnson, Secretary; Al Moore, Treasurer, and Sharlyne Narr, President.
Sharlyne Narr, 5935 North Kansas, stated the residents of the Trails are in need of lighting. When the Trails town homes were built approximately 30 years ago, the residents had their own lighting, which are tall light poles with round bulbs. They are deteriorating and cannot be replaced. The underground wiring has been destroyed. Residents have petitioned to have a few lights installed, and three streetlights have been put in, but they need more. It is very dark in the area, and even though this is a private community, it is Gladstone, and has public streets, and for the safety of the homeowners, they would like additional lighting. Ms. Narr said she does not know what the process of doing that is, but she knows that residents, who requested additional lighting, have called Public Works. Ms. Narr inquired into the process of requesting streetlights in their area.
Mayor Rudi replied that there is a form that needs to be completed, and Public Works Director Chuck Williams will be happy to discuss this process with Ms. Narr after the meeting.
Mayor Rudi introduced Randi Toyne, who attends St. Pius, and is a member of the Debate Team. Mayor Rudi welcomed Ms. Toyne and her mother, Jenny. Mayor Rudi thanked them for attending the meeting, and suggested that if they had any questions, any City Council member or City staff member would be happy to assist them.
Item 8. on the Agenda. COMMUNICATIONS FROM THE CITY COUNCIL.
Councilman Barry McCullough said he wished to brag on “Gladstone’s finest”; unfortunately, he had the occasion to get a call at 7:00 AM, Saturday, that someone had driven through the plate glass at his office. He spent a couple of hours with Sergeant Willoughby and Officer West, who were excellent and took good care of all of them in sorting out how to best resolve replacing the glass window, and making sure there was no other vandalism or anything stolen. It was nice that they cleared the building and made folks feel nice and safe while working through the situation. Councilman McCullough reminded everyone that there will be Trick or Treating at Oak Grove Park on Friday evening, from 6:00 PM until 7:00 PM, and there will be story telling and activities until 9:00 PM.
Councilmember Carol Suter addressed Public Works Director Chuck Williams about the
M-1 Sidewalk Project, and asked why both sides of the road received sidewalks, except for the two blocks on the east side.
Director Williams replied the area south of Hy-Vee will be the City’s trail, and the City will get that done.
City Manager Davis asked Director Williams if the City has received State approval to do that work.
Director Williams replied the City has not received that approval, and that is why the Resolution this evening was with their concurrence; however, we should be getting that approval, hopefully, any day, and then staff will schedule a pre-construction meeting with the contractor, and try to get that project moving forward.
Mayor Pro Tem Les Smith stated he wished to go back briefly to the budget presentation that was just made. The City struggles just like any other entity in tough economic times, and City staff continues to provide the citizens of Gladstone with first class amenities and first class services, even on a lean budget, and they do it within their budgets, which is very commendable.
Item 9. on the Agenda. COMMUNICATIONS FROM THE CITY MANAGER.
City Manager Davis had no comments at this time.
Item 10. on the Agenda. SECOND READING BILL 09-31, amending Title VII, “Zoning and Planning Ordinance” of the City Code by enacting a new Chapter 167, “Alternative Energy Systems” and other amendments relating to the siting, placement and approvals of such structures in the City.
Councilmember Carol Suter moved to place Bill 09-31 on its Second and Final Reading. Mayor Pro Tem Les Smith seconded.
Mayor Pro Tem Smith stated he noticed under the Small Wind Energy Conversion System (SWECS) provision there is a clause for permit fees may be waived for compliant applications, and asked if there was also a provision that allows for permit fees to be waived under the solar section.
Assistant City Manager Scott Wingerson replied yes.
Mayor Pro Tem Smith referenced page 12, Section 3b, and said he visited with someone in the industry just before this meeting, and they had two concerns – one concern was that the five percent pitch is a bit restrictive, and many of their applications are above five percent. In fact, in a perfect world, they would like to have the ability to go up as far as twenty five percent. For available systems and for the best efficiency, they do not feel that five percent is adequate in today’s market. Mayor Pro Tem Smith said his second question is regarding Item 6 and 6b, which is the requirement of “to scale” drawings. It is felt that is somewhat costly for an applicant and not necessary. Mayor Pro Tem Smith suggested we could simplify that to perhaps “where on the roof the unit is going to be”, the setbacks from the perimeter of the building, and that sort of thing, rather than causing an applicant to go through the expense of scale drawings. The person he spoke with seemed to think that would be overkill and somewhat of a detriment to people wanting to move forward on solar panels. Mayor Pro Tem Smith said these are his two questions.
Assistant City Manager Wingerson said to answer Mayor Pro Tem Smith’s first question regarding Section 3b. Solar Systems with Mounting Devices, staff is aware that the manufacturers and contractors that install these systems would like a steeper pitch for these systems; however, we are in the early realm of this type of Ordinance, where we are trying to match neighborhood aesthetics with alternative energy. Staff, in this particular case, decided to err on the side of neighborhood aesthetics, and a steeper pitched system could be approved in the Public Hearing process, with the full knowledge and understanding of the people within 185 feet or the neighborhood. Assistant City Manger Wingerson said this is exactly what staff has struggled with over the last 18 months, and it is certainly Council’s discretion to change that from a five percent to a different percent pitch.
Mayor Pro Tem Smith said five does not seem like much of a pitch, and the person he spoke with said most of the applications she sees are in the twenty to twenty five percent range, and we are at five, so we are being very conservative it would seem. Mayor Pro Tem Smith asked Mr. Wingerson to comment on his question concerning the scale drawings.
Assistant City Manager Wingerson said this would generally be at the discretion of the City’s Building Official, if it is a detriment, and a very simple installation, he is sure Alan Napoli will use some judgment and discretion in permitting those types of installations. Some of the larger installations will require engineering, because they fit on an existing house with existing loads, so staff has to make sure that the new load can be handled with the old structure.
Mayor Pro Tem Smith said our folks are great to work with, and Mr. Napoli is awesome, but he does not see that we have discretion – he sees words like “shall” and “must” in the Ordinance. Mayor Pro Tem Smith said if there are issues in a neighborhood, there will be phone calls received, but we are also trying to encourage people to install alternative energy systems. If we are being a bit too restrictive, and are throwing up some roadblocks and detriments, perhaps, we need to soften that a bit – this is just food for thought for the Council.
Mayor Rudi asked Mayor Pro Tem Smith if he had a recommendation.
Mayor Pro Tem Smith asked Mr. Wingerson what number would be a little more lenient, but not so restrictive as the five percent.
Mr. Wingerson said he believed that is both ends of the spectrum, so maybe somewhere in the middle; perhaps 15 percent or if Council wishes to be more progressive, closer to 20 percent.
Mayor Pro Tem Smith asked Mr. Wingerson for suggestions regarding the scale drawings, and said that can get expensive, because now, we are talking about engaging an Engineer to do that sort of work - how critical do we feel that is?
Mr. Wingerson said it can be extremely critical, and asked if Mayor Pro Tem Smith would consider “if in the judgment of the Building Official, plan applications for solar systems may …”, and asked if staff could work with language such as that?
Mayor Pro Tem Smith said he would like to move to amend Item 6. Plan Applications to include the language Mr. Wingerson crafted or something very similar thereto, and a twenty percent roof pitch in Item Number 3b. Solar Systems with Mounting Devices. Councilman Barry McCullough seconded.
Mayor Rudi said she likes the twenty percent, because we need to encourage this. If we are interested in sustainability, this is something we should do.
The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Mayor Rudi said the amendment has been approved, and asked for any discussion. As there was no further discussion, Mayor Rudi called for a vote on placing Bill Number 09-31, as amended, on its Second and Final Reading.
The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0). The Clerk read the Bill.
Councilmember Carol Suter moved to accept the Second and Final Reading of Bill 09-31 as amended, and to enact the Bill as Ordinance 4.123. Mayor Pro Tem Les Smith seconded.
Roll call vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Item 11. on the Agenda. FIRST READING BILL 09-33, enacting a new Chapter 120, within Title VI of the Code of Ordinances of the City of Gladstone, entitled “Illicit Discharge Detection and Elimination”.
Mayor Pro Tem Les Smith moved to place Bill 09-33 on its First Reading. Councilman Barry McCullough seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0). The Clerk read the Bill.
Mayor Pro Tem Les Smith moved to accept the First Reading of Bill 09-33, Waive the Rule and place the Bill on its Second and Final Reading. Councilman Barry McCullough seconded. The Vote All “aye” - Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0). The Clerk read the Bill.
Mayor Pro Tem Les Smith moved to accept the Second and Final Reading of Bill 09-33 and to enact the Bill as Ordinance 4.124. Councilman Barry McCullough seconded.
Roll call vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Item 12. on the Agenda. OTHER BUSINESS.
There was no other business.
Item 13. on the Agenda. QUESTIONS FROM THE NEWS MEDIA.
There were no questions from the News Media.
Item 14. on the Agenda. ADJOURNMENT.
There being no further business to come before the October 26, 2009, Regular City Council meeting, Mayor Carol Rudi adjourned the Regular meeting.
Mayor Pro Tem Les Smith moved to adjourn to an Emergency Closed Executive Session pursuant to Missouri Open Meeting Act Exemption 610.021(1) for Litigation and Confidential or Privileged Communications with Legal Counsel, and 610.021(2) for Real Estate Acquisition Discussion, and 610.021(3) for Personnel Discussion. Councilman Barry McCullough seconded.
Roll Call Vote: All “aye” – Councilman Barry McCullough, Councilmember Carol Suter, Mayor Pro Tem Les Smith, and Mayor Carol Rudi. (4-0).
Cathy Swenson, City Clerk
Approved as submitted: ___
Approved as corrected/amended: ___
Mayor Carol A. Rudi