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City Council Meeting Minutes

April 20, 2010

CALL TO ORDER: City Council convened in a General Committee meeting on April 20, 2010 at

6:30 p.m. in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, to receive general public comment, with the following Council members present: Renee S. Nelson, Henry Hay Nixon, Toni Smith, Carol Hill-Evans, Vice President, and Genevieve H. Ray, President, with President Ray presiding. Mayor Kim Bracey was not present.

GENERAL PUBLIC COMMENT

Marie Rohleder, 320 Reinecke Place, York, PA, thanked the city for the clean sweep initiative that will take place in her neighborhood tomorrow. She also thanked the Sheriff's Department for providing the manpower used to clean up litter and graffiti.

Harold Trivett, 528 W. Market St., York, PA, complained of ninja motorcycles plowing down W. Market St. doing at least 50 mph.

Joan Burgasser, 321 E. Market St., York, PA, thanked York Tree Service and Shiloh Nurseries for contributing 25 trees that were planted by the Downtown Rotary Club on Market, King, and Philadelphia Streets.

Mike Miller, 460 W. Market St., York, PA, said his neighborhood group (ANA) took advantage of the Rotary Club's offer to adopt and plant trees. He said they are extremely grateful. Mr. Miller briefly spoke about the Keep York Beautiful initiative in that it was the largest cleanup effort he's seen. He said the Mayor's office had strong involvement and he thanked the Mayor and city staff for their efforts.

Franklin Williams, 528 W. Market St., York, PA, spoke about the April 11th luncheon held at the Yorktowne Hotel to honor Tom Foust. He said testimonials were touching. He recognized City Clerk Dianna L. Thompson who spoke on behalf of the city. He said she did a wonderful job. Mr. Williams stated that nobody but Tom Foust could bring together such a diverse group of people. He asked for prayers for Tom as he fights cancer.

Steve Young, 11 N. Newberry St., York, PA, briefly discussed problems with bums and drunks on the street. He then questioned the use of prison construction crews working on private property. He asked if prisoners are doing work on a for-profit project. He also questioned public safety as prisoners are interacting with the residents while on detail.

Michele Strine and Andrea Linebaugh, owners, Studio & Art Bar, 29 N. Beaver St., York, PA, announced that due to declining profits, they will be forced to close their establishment. Both asked the city to consider giving stimulus dollars to local businesses to help out during this tough economy.

Todd Clay, 137 S. Newberry St., York, PA, said he has been in contact with the Economic Development Department and still hasn't seen the traffic study for Dublin St. He said variances are truly held for hardships with no workable solution. He said his issues with the LOGOS Academy project is that they only needed a developers' agreement and not a project plan. Additionally, he said they have ignored ADA requirements.

Mike Rhine, York, PA, said he is being harassed by police officers and that they call him names and make fun of him. Mr. Rhine said he could identify these officers.

There being no further public comment, President Ray adjourned the General Committee meeting and reconvened in Legislative Session at 7:00 p.m., in Council Chambers, 1 Marketway West, 3rd Floor, York, PA, with the following members present: Renee S. Nelson, Henry Hay Nixon, Toni Smith, Carol Hill-Evans, Vice President, and Genevieve H. Ray, President, with President Ray presiding.

Members of York City Council staff in attendance included: Dianna L. Thompson, City Clerk.

Pledge of Allegiance: The Pledge of Allegiance was recited.

Approval of Minutes: Council dispensed with the reading of the Minutes of April 6, 2010 and unanimously approved them as written.

Correspondence and Announcements: President Ray read correspondence and announcements.

PRESENTATIONS: None
COMMITTEE MEETINGS SCHEDULED

Rules & Administrative Code Committee, Genevieve Ray, Chair: Committee meeting scheduled for Wednesday, April 21, 2010 at 6:30 p.m. at 1 Marketway West, 4th Floor, York, PA (County Commissioner's former meeting room) to discuss Bill No. 12 repealing the city's residency requirement. Time permitting, committee members will also discuss the Rules and Procedures of Council. (Note: The meeting was later moved to Council Chambers, 1 Marketway West, 3rd Floor, York, PA.)

Motion to transfer meeting. A motion was made by Nixon, seconded by Smith, to transfer the meeting to the York County Commissioners meeting room located in the York County Administrative Offices, 28 E. Market St., York, PA. The motion to transfer the meeting passed by the following vote: Yeas – Nelson, Nixon, Smith, Ray – 5; Nays – Hill-Evans – 1.

President Ray recessed at 7:05 p.m. to allow for relocation.

President Ray reconvened the meeting at 7:22 p.m. in the York County Commissioners meeting room located in the York County Administrative Offices, 28 E. Market St., York, PA.

(Note: Due to the limited capacity of City Council Chambers, the meeting was relocated to accommodate the large crowd in attendance for this evenings meeting.)

Members of the Administration in attendance included: C. Kim Bracey, Mayor, Jim Gross, Director of Public Works, Kevin Schreiber, Director of Economic Development/Interim Director of Community Development, and Wes Kahley, Interim Police Chief. Also present was Assistant Solicitor Shaleeta Washington and Stephanie Seaton, Director, York City Human Relations Commission. John Senft, Fire Chief and Michael O’Rourke, Business Administrator, were absent.

STATUS OF PRIOR COMMITTEE REFERRALS: None
SUBDIVISION / LAND DEVELOPMENT / HARB

Resolution No. 58, Session 2010, (View) A Resolution accepting the recommendations of HARB in issuing a certificate of appropriateness to GCM Construction Consulting for work to be done at 329 E. King St., was introduced by Ray, read at length, and on motion of Ray, seconded by Nixon, Resolution No. 58 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

FINAL PASSAGE OF BILLS / RESOLUTIONS

Final Passage of Bill No. 13, Ordinance No. 12, Session 2010, (View) A Bill amending Article 513 “Vehicle Operation and Parking” of the Codified Ordinances to update language and upgrade various penalties thereto, which was introduced by Nixon at the April 6, 2010 meeting of Council and read by short title, came up for final passage. On motion of Nixon, seconded Hill-Evans, Bill No. 13, Ordinance No. 12, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Bill No. 14, Ordinance No. 13, Session 2010, (View) A Bill amending Section 1113.10 “Sidewalk Cafe Guidelines and Requirements” of the Codified Ordinances to streamline the application process and establish conformity to public health and safety requirements, which was introduced by Hill-Evans at the April 6, 2010 meeting of Council and read by short title, came up for final passage. On motion of Hill-Evans, seconded Smith, Bill No. 14, Ordinance No. 13, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Bill No. 15, Ordinance No. 14, Session 2010, (View) A Bill authorizing a Fifth Supplemental Lease to be dated on or about May 25, 2010, amending a Lease of September 15, 1987, as supplemented by a lease dated December 20, 1990, a lease dated December 1, 1992, a lease dated April 10, 2007, and a lease dated July 2, 2008, under which the Sewer System owned by the York City Sewer Authority is leased to this City for operation and use; approving a Guaranty Agreement guaranteeing payment of said Authority's Guaranteed Sewer Revenue Bonds, Series of 2010 and Guaranteed Sewer Revenue Bonds, Series A of 2010; directing execution, acknowledgment and delivery of said Fifth Supplemental Lease and Guaranty Agreement on behalf of this City and consenting to Assignment of the said Fifth Supplemental Lease by said Authority; approving the preparation of certain engineering reports and authorizing certain applications to the Pennsylvania Department of Community and Economic Development and directing other necessary and proper action to effectuate the purposes hereof, which was introduced by Smith at the April 6. 2010 meeting of Council and read by short title, came up for final passage. On motion of Smith, seconded by Nixon, Bill No. 15 came up for discussion.

J. T. Hand, Chair of the York City Sewer Authority, explained that this borrowing ($22,745,000) will allow them to complete federally mandated improvements to the Waste Water Treatment Plant. He noted that Authority members met with Council in a Public Works Committee meeting on March 30, 2010 to further outline the improvements and how this project will impact the city. He said upgrades will include improvements to the electrical system and biological nutrient removal technology. Mr. Hand said these improvements are part of a multi-state effort to clean up the Chesapeake Bay.

Attorney Steve Hovis, Bond Council, Stock and Leader Law Firm, added that this Bill has been amended since it was presented to Council on April 6. After all figures were realized, he said the anticipated borrowing came in $255,000 less than was originally anticipated to complete this project.

Motion to amend. A motion was made by Hill-Evans, seconded by Nixon, to amend Bill No. 14 to reflect the amended financing amount from $23,000,000 to $22,745,000. The motion to amend passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

There being no further discussion, Bill No. 15, Ordinance No. 14, as amended, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Final Passage of Bill No. 16, Ordinance No. 15, Session 2010, (View) A Bill amending Article 337 “Yard, Garage or Similar Sales” of the Codified Ordinances to update language and amend fee structure, which was introduced by Hill-Evans at the April 6, 2010 meeting of Council and read by short title, came up for final passage. On motion of Hill-Evans, seconded by Nixon, Bill No. 16, Ordinance No. 15, passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

NEW BUSINESS
Introduction of Bill No. 17, Session 2010, (View) A Bill amending Article 931 “Sanitary Sewers” of the Codified Ordinances to comply with federal industrial pretreatment regulations, was introduced by Smith, read by short title, and deferred until the May 4, 2010 meeting of Council.

Introduction of Bill No. 18, Session 2010, (View) A Bill amending the 2010 Budget in the amount of $5,100 for purchase of softballs, was introduced by Smith, read by short title, and deferred until the May 4, 2010 meeting of Council.

Motion to read by short title. A motion was made by Ray, seconded by Hill-Evans, to read Resolution No. 59 by short title. The motion passed unanimously.

Resolution No. 59, Session 2010, (View) A Resolution proclaiming April 2010 as Fair Housing Month in the City of York, was introduced by Ray, read by short title, and on motion of Ray, seconded by Smith, Resolution No. 59 came up for discussion.

Stephanie Seaton, Director of the York City Human Relations Commission, outlined Fair Housing Month and protection laws currently in place to ensure rights are protected. She said the Fair Housing Amendment Act of 1988 extended fair housing rights on the basis of familial status to families with children, and on the basis of handicap persons. Further, she said the City of York added protection against discrimination based on ancestry and sexual orientation.

There being no further discussion, Resolution No. 59 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 60, Session 2010, (View) A Resolution appointing Carolyn J. Van Newkirk, Ed. D., as a member of the Susquehanna Regional Airport Authority, to fill the unexpired term of Daniel Robinson, which term shall expire January 5, 2012, was introduced by Ray, read at length, and on motion of Ray, seconded by Smith, Resolution No. 60 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

President Ray briefly read Ms. Van Newkirk's biography and thanked her for her willingness to serve the City of York. The City Clerk then administered the Oath of Office to Ms. Van Newkirk.

Resolution No. 61, Session 2010, (View) A Resolution appointing Vernon L. Bracey as a member of the York City General Authority to fill the unexpired term of C. Kim Bracey, was introduced by Nixon, read at length, and on motion of Nixon, seconded by Smith, Resolution No. 61 came up for discussion.

Councilman Nixon said Mr. Bracey is an excellent choice and he looks forward to his service to the City of York. Councilwoman Smith added that Mr. Bracey is extremely capable and she's grateful for his willingness to serve.

Steve Young, 11 N. Newberry St., York, PA, questioned possible conflict of interest with the Mayor appointing a family member to fill this vacancy.

President Ray said the City Solicitor has opined that this appointment does not pose any conflict of interest as there is no pecuniary interest involved.

Mayor Bracey said she also asked this question and did her due diligence in researching this issue. She said we are always looking for volunteers to serve on the city's boards and authorities. The City Clerk posts information on the city's website at www.yorkcity.org. She said Mr. Young is more than welcome to peruse the site to obtain information on our boards, authorities, vacancies, etc.

There being no further discussion, Resolution No. 61 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

The City Clerk then administered the Oath of Office to Mr. Bracey.

Resolution No. 62, Session 2010, (View) A Resolution designating Mayor C. Kim Bracey as the city's “Agent” authorized to execute forms for obtaining disaster relief funds under the Robert T. Stafford Disaster Relief & Emergency Assistance Act related to the February 2010 snow storms, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 62 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 63, Session 2010, (View) A Resolution authorizing the filing of a proposal for grant funds with the Department of Conservation and Natural Resources to undertake the Memorial Park renovations project, was introduced by Smith, read at length, and on motion of Smith, seconded by Nixon, Resolution No. 63 came up for discussion.

Public Works Director Jim Gross explained that the city applied for this grant last year but didn't get it because funds were limited. He said this remains a high priority project for the Administration. He briefly outlined various funding sources secured thus far. He said if the grant is approved, some improvements will include replacing lights, extending the walking trail, and landscaping.

There being no further discussion, Resolution No. 63 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 64, Session 2010, (View) A Resolution establishing a permit fee for waste water discharge in accordance with Article 931 “Sanitary Sewers”, was introduced by Smith, read at length, and deferred until the May 4, 2010 meeting of Council.

Public Works Director Jim Gross explained that in accordance with Ordinance No. 19 of Session 1997, fee legislation must sit for at least one meeting prior to consideration of final passage. Therefore, this Resolution will be considered for final passage at Council's May 4 meeting.

Resolution No. 65, Session 2010, (View) A Resolution approving an encroachment agreement with Maewyn's for a sidewalk cafe to be situated within the public right-of-way at 110 N. George St., was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 65 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 66, Session 2010, (View) A Resolution approving an encroachment agreement with The Coffee Company Cafe for a sidewalk cafe to be situated within the public right-of-way at 221 W. Philadelphia St., Suite W16, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 66 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 67, Session 2010, (View) A Resolution authorizing an agreement with the Pennsylvania Immunization Coalition to subcontract for a PAIC Executive Director to develop a statewide network of immunization coalitions for the period of April 1, 2010 through December 31, 2011 in the amount of $336,743 and funded through state health grant #10018, was introduced by Hill-Evans, read at length, and on motion of Hill-Evans, seconded by Nelson, Resolution No. 67 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 68, Session 2010, (View) A Resolution adopting an amendment to the Articles of Incorporation for the York City Sewer Authority to extend the term of existence, was introduced by Smith, read at length, and on motion of Smith, seconded by Hill-Evans, Resolution No. 68 came up for discussion.

Stacey MacNeal, York City Sewer Authority Solicitor, explained that this is a companion to the bond issue approved earlier this evening (Bill No. 15, Ord. No. 16). As the bond repayment period will exceed the Sewer Authority's existence (as approved by the original Articles of Incorporation), this legislation amends the original Articles of Incorporation to extend the existence of the Sewer Authority. This amendment will document that the Authority will be in existence during the bond repayment period.

There being no further discussion, Resolution No. 68 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

Resolution No. 69, Session 2010, (View) A Resolution appointing Captain Wesley Kahley as Chief of Police, establishing salary at $88,000.00 per year, and waiving the residency requirement, was introduced by Nelson, read at length, and on motion of Nelson, seconded by Smith, Resolution No. 69 came up for discussion.

As there were many people in attendance to speak on this Resolution, President Ray outlined the structure to be used to present testimony.

Mayor Bracey read a statement outlining her decision to recommend appointment of Captain Kahley as Chief of Police and her request for a waiver. (Read) A copy of Mayor Bracey's statement is attached to Resolution No. 69 located in the City Clerk's Office.

Captain Wes Kahley thanked Mayor Bracey for her support. He thanked Council for taking time to thoroughly review this issue and said he respects both sides of this debate. Captain Kahley stated that he was overwhelmed by the support he's received and hearing how he's touched so many lives. He shared childhood memories about York City, which he'll always cherish. Captain Kahley then outlined his credentials and community policing projects he's completed and those currently underway and how these projects have affected and will affect our residents. He said he hopes Council and the community will see his continued leadership and commitment. He then thanked the men and women of the police department for their outstanding service to the community and he thanked members of the community that have touched him.

Councilwoman Smith said she has known Captain Kahley for years and said he is a strong force in the community. She said she supports his appointment and waiver and hopes he'll receive a unanimous vote this evening.

Councilwoman Nelson thanked the community for taking the time to call her and send her emails debating both sides of this issue.

Vice President Hill-Evans stated that she's impressed by the public outpouring for and and against this waiver. Throughout the entire process, she said she never heard a bad word spoken about Captain Kahley. She said we must look at the issue of residency and no matter how this vote goes, she hopes we can be a community of one.

Councilman Nixon thanked the community for speaking up on this issue. He said he has been debating residency for some time now and Captain Kahley has come highly recommended and his qualifications are impeccable. He said he wonders how the city would transform if all of our policemen and teachers moved into the city. Councilman Nixon said he is struggling with this decision and believes he's come to a conclusion.

Harold Trivett, 528 W. Market St., York, PA, asked when do the exceptions end. He agreed that Captain Kahley is qualified but said Council could be creating procedural anarchy should a waiver be granted.

Paul Kicklighter, 441 Linden Ave., York, PA, spoke in favor of waiving the residency for Captain Kahley.

Joanne Borders, 334 W. Princess St., York, PA, presented a petition with approximately 95 signatures of residents in support of the waiver and appointment.

Michael Miller, 460 W. Market St., York, PA, spoke on behalf of Doctor's Row Neighborhood Association and said they would prefer residency but they support this waiver because they support Captain Kahley's appointment.

Sam Beard, 806 S. Duke St., York, PA, supports residency but said he believes a waiver provision was put into place when there's an exception to the rule. He said Captain Kahley's credentials and exceptional service to the community warrants a wavier and he supports his appointment.

Russel Tschopp, York City Police Officer, stated that if we don't work together, we wont make any progress. Do we want to be efficient or effective, he asked. He said dedication is not determined by your zip code. He said he supports Captain Kahley's waiver and appointment.

Bishop Danny Evans, Temple of Grace Church, spoke in favor of Captain Kahley's waiver and appointment.

Nina Aimable, 904 E. King St., York, PA, said do the right thing for the right reasons.

Will Squire, 118 Wogan Rd., York, PA, stated that it's not where you lay your head at night but where your heart is. He said Captain Kahley is serving here day and night and he supports his waiver and appointment.

Bruce Veseth, Retired York City Police Captain, said when Captain Kahley stood up here and choked while speaking about his service to the community is a true testament to his commitment and dedication. He said he worked with Wes when he was a patrolman and said Wes will protect you with his life and is the person who should lead this department.

Franklin Williams, 528 W. Market St., York, PA, said he has spoken to many people over the past few weeks about this issue. He said Captain Kahley is an honorable man and he's sure there's more reasons than not to support this waiver.

Marg Eckels-Ray, York, PA, said she walked in the door against this waiver but was moved by Captain Kahley's words and what the community has said about him. She said she has now changed her mind and supports his waiver and appointment.

Karen Conway, York County District Attorney's Office, read a letter from District Attorney Tom Kearney in support of Captain Kahley's appointment and waiver. She said she also supports his appointment.

Jose Colon, Dallastown, said he spoke with members of the Hispanic community and we support the wavier.

Oscar Rossom, York, PA, said he supports the wavier and appointment.

Wyatt McGuire, 34A W. Clarke Ave., York, PA, stated that there's no logical reason to deny this appointment.

Mike Coltonovich, Fraternal Order of Police, read a statement on behalf of the FOP supporting the waiver and appointment of Captain Kahley as Police Chief.

Martin Sullivan, retired 25 year York City Police Officer, stated that he understands a waiver should not be granted easily. You have someone who loves this city and his job. He's qualified and dedicated and willing to take on the job so why look any further. The city deserves Wes Kahley, he said.

Detective Bishop, West Manchester Police Department, said Wes is a great guy and he has known him since he was a 20-year old rookie working with the West Manchester Police Department. He said he remembers when Wes got hurt trying to rescue him and he's forever indebted. He urged Council to approve this waiver and appointment.

Gary Sonke, Stock and Leader Law Firm, said this is about safety and being able to attract businesses and people to downtown. With Wes Kahley leading the department, you're heading in the right direction.

Sandy Walker, 418 Salem Ave., York, PA, supports Captain Kahley's appointment and waiver. He said he's the right man for the job. He said originally, residency was put into place to get rid of a police chief so let's not forget that. He asked Council to give the Mayor a chance to share her vision and if she feels this is the right person, then support her.

Stephanie Seaton, York, PA, said she's proud to see the community engaged in this process. She said she has had opportunities to work with Captain Kahley and it's clear that he's working to mend this community. There are stakeholders inside and outside of the City of York and she supports his appointment as Police Chief.

President Ray read a letter from County Commissioner Steve Chronister supporting the waiver and appointment. She then thanked the County Commissioners for allowing Council to use their meeting room this evening.

As public comment came to a close, Council shared their final thoughts.

Councilwoman Ray said it's okay to have different opinions. Simply having an address doesn't make you care about the city. I have been trying to curb my bias toward residency so I wanted to listen to all points of view. She said the issue of fairness comes into play when dealing with waivers. She stated that she needed to hear compelling reasons to support a waiver and she's heard them. President Ray said she had the opportunity to meet with Captain Kahley and he's clearly the right person for this job.

Councilwoman Nelson said this is the first step to unite the community and city government and she supports Wes' waiver and appointment.

Vice President Hill-Evans explained that her campaign was to be the voice of the community. She stated that she feels compelled to speak for those who don't support this waiver because their views are important, though she wishes those people would have shown this evening. Vice President Hill-Evans said she loves this city and when she hears a bad comment, it infuriates her. She stated that she met with Captain Kahley and asked about his plans for the city and what happens if he's not approved. He shared his plans, and said if he's not appointed he'll get up the next day and go back to work because that's his job. She said she's convinced he's the right person for the job and after weighing this issue, she feels we need to give the Mayor and Captain Kahley a chance.

Mayor Bracey said she's the one that approached Captain Kahley about taking this position. She said he never asked for the position or the waiver. She explained that they discussed relocation at length and after debating the issue, she chose to ask for a waiver.

Councilman Nixon asked do we want to hire the finest to represent our government? Of course, he said. Living in the city is a privilege, not a punishment, and it is incumbent upon us to make the city a better place to live, work and play. He said he supports this appointment and waiver.

There being no further discussion, Resolution No. 69 passed by the following vote: Yeas – Nelson, Hill-Evans, Nixon, Smith, Ray – 5; Nays – 0.

REQUESTS FOR FUTURE MEETINGS: None

COUNCIL COMMENT: None
ADMINISTRATION COMMENT: None

NEXT MEETING: The next regular meeting of City Council is scheduled for May 4, 2010 at 7:00 p.m. (Public Comment commences at 6:30 p.m.) in City Council Chambers, 1 Marketway West, 3rd Floor, York, PA.

ADJOURNMENT: There being no further business, the April 20, 2010 meeting of Council adjourned at 9:55 p.m.