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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/07/1995 Kent, Washington February 7, 1995 Regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Houser, Johnson, Mann, and Orr, Operations Director/Chief of Staff McFall, City Attorney Lubovich, Planning Director Harris, Public Works Director Wickstrom, Police Chief Crawford, Fire Chief Angelo, Parks Director Hodgson, Finance Division Director Miller, and Human Resources Division Director Viseth. Approximately 85 people were at the meeting. PUBLIC 1995 Community Arts Grant Awards. Tracy COMMUNICATIONS Wickersham introduced Cheryl Hapgood, JoAnn Wells-Wesson, Cheryl Fraser, Julie Stangle, Margorie Rommel, Linda Johnson, Doreen Higgins, Lea Bishop and Maureen Curran, who are the recipients of Arts Commission Regrant Awards. Mayor White presented them with certificates. The Mayor noted that Scott Lindsey from Congresswoman Jennifer Dunn's off ice, Debbie Davis from Congressman Randy Tate's office, Representative Les Thomas, Leonard Garfield from the King County Arts Commission, and Senator Pam Roach attended the Grant Reception. Employee of the Month. The Mayor announced that Les Sorenson of the Street Department's Vegetation Management Section, has been named Employee of the Month for February. He noted that Sorenson is a team player who recently took on the task of mowing the 100-acre impoundment yard, and completed the task in half the time and for $3 ,000 less than a contractor's estimate. Introduction of Mayor's Appointees. Mayor White introduced Janette Nuss and Mike Pattison, his appointees to the Planning Commission, and Sherri Ourada and Shannon McMurry, his appointees to the Arts Commission. Regional Justice Center IIpdate. Project Director Wendy Keller noted that bids are out on the project, that a great deal of interest was shown, and that a list of planholders is available if the Council would like to see it. She said the bids are due March 7 and should be awarded between March 23 and April 15. She said that preload will be going on for another 35 days. Keller noted that they are going over their cost and reporting processes to ensure that they stay within budget. She asked whether 1 February 7, 1995 PUBLIC Council would like to see a display of the COMMUNICATIONS materials used on the outside of the Justice Center, as well as some of the arts projects. It was agreed to bring the materials to the next update. CONSENT JOHNSON MOVED that Consent Calendar Items A CALENDAR through U be approved. Orr seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of January 17, 1995. HEALTH & (CONSENT CALENDAR - ITEM 30) SANITATION Lindental. Phase II. AUTHORIZATION to accept the Bill of Sale for Lindental, Phase II sub- mitted by Ralph D. Guthrie & Gertrude O. Guthrie for continuous operation and maintenance of 370 feet of water-main extension, 500 feet of sanitary sewers, 375 feet of street improve- ments and 210 feet of storm sewers, and release of bonds after expiration period, as recommended by the Public Works Director. The project is located at SE 265th P1. & 116th Ave. SE. WATER (CONSENT CALENDAR - ITEM 3I) Charge in Lieu of Assessment - 116th Avenue Water Main. APPROVAL of a Charge in Lieu of Assessment, as recommended by the Public Works Committee. In conjunction with the 272nd/277th Corridor project, a portion of 116th Ave. SE near SE 270th St. is to be lowered, exposing the watermain. As such, the City has relocated the watermain to accommodate the new road construc- tion. A portion of the main was also relocated to a new alignment to accommodate the layout of the new plat of Kingstone. A Charge in Lieu of Assessment originally existed on the main and the Public Works Department requests that this Charge in Lieu of Assessment be relocated to the new fronting properties, as recommended by the Public Works Committee. 2 February 7, 1995 WATER (CONSENT CALENDAR - ITEM 3Q) James Street/212th Street Water Main Replace- ments and 212th Street Storm Sewer Replacement. AUTHORIZATION to accept as complete the contract with Lloyd Enterprises, Inc. for the James Street/212th Street Water Main Replacements and 212th Street Storm Sewer Replacement project and release of retainage after State releases, as recommended by the Public Works Director. The original contract was $466, 663 .75. The final construction cost was $498, 754 . 03 . UTILITIES (CONSENT CALENDAR - ITEM 3H) Drainage Utility Rates. AUTHORIZATION to set a Public Hearing for February 21st on the Drainage Utility Financial Plan & Revenue Program, as recommended by the Public Works Committee. STREETS (CONSENT CALENDAR - ITEM 3N) LID 346 - S. 212th Street. AUTHORIZATION to set March 21st as the public hearing date on the Final Assessment Roll for LID 346 - S. 212th Street Sidewalks & Street Lighting. (CONSENT CALENDAR - ITEM 3R) S. 212th Street Rebuild. AUTHORIZATION to accept as complete the contract with Lloyd Enterprises, Inc. for the S. 212th Street Rebuild project and release of retainage after State releases, as recommended by the Public Works Director. The original contract was $103 ,423 . 00. The final construction cost was $99, 622 . 60. STREET (PUBLIC HEARINGS - ITEM 2A) VACATIONS Street Vacation - Russell Road Between S. 228th Street and James Street (STV-95-1) . This public hearing has been set to consider an application by University Savings Bank to vacate a portion of Russell Road between S. 228th Street and James Street, as referenced in Resolution No. 1414 and discussed in the staff report. Planning Director Harris pointed out the loca- tion on a map and noted that a short plat was approved by the Short Plat Committee in 1993 (SPC-93-14) . He pointed out that one of the conditions of the short plat was that "no 3 February 7, 1995 STREET building permits shall be granted for Lot 3 VACATIONS until Russell Road is vacated for the entire lot frontage thereon and Lot 3 is incorporated into a development involving the property lying westerly of Russell Road". Harris said this has taken place. He outlined conditions attached as follows: 1) The City shall retain utility ease- ments over, upon and under the property to be vacated along with rights to grant such utility easements to other public and/or private utility companies, and 2) The City shall be compensated in accordance with City ordinance for said vacated property based on current fair market value thereof. The Mayor declared the public hearing open. Lois Ord, 221 SW Langston Road, Renton, stated that vacating this stretch of ground would make it impossible to open the Ruby Neely Soames House to the public, since there is not enough room to park the dozens of cars needed to make the house self-supporting. She was also con- cerned about handicapped access being 1/4 mile away. Ord noted that the house is under the care of the Parks Department and that it has not been maintained. She said that she was informed by the City that the road had been abandoned, and would be vacated. She felt that access was deliberately cut off by the City. She then read a letter dated January 30 from Senator Margarita Prentice expressing concern that a decision was made prior to City Council action under the Open Meetings Law. Ord asked that action on this item be delayed until the Public Disclosure Commission can check into the matter. Linda Van Nest, 13521 SE 266th, also voiced concern about how the road variance and development would affect the Ruby Neely Soames property. She noted that the house was built in the 1880's, and agreed that the house has not been kept up. She noted that the house is on the State Register for Historic Places. She suggested finding out whether a SEPA checklist needs to be sent to the State Office of History and Archeology for review. She also suggested that the City look into forming a Historic Preservation Committee and offered to help in 4 February 7, 1995 STREET any way. She pointed out that historic VACATIONS resources are the No. 2 draw for tourism in Washington State. Planning Director Harris noted that the Planning Department is the agency which got the Neely home on the Historical Register. He explained that Jim Summers and The Lakes project deeded one acre of land which included the Neely home to the City as part of the approval of the whole Lakes project. He noted that there will be access to the Neely home. He explained that the street vacation before the Council tonight is so that the property owner can move forward withna project that has legally been approved years with plats fitting into the Master Plan to arrive at this point. He noted that there will also be actions in the future which will affect the properties in this area. He agreed that the City may need to move forward on historical preservation, but that it is not in the Planning Department's budget. Eric Wells of Polygon Northwest submitted a letter in support of the vacation. JOHNSON MOVED to make the letter a part of the record. Houser seconded and the motion carried. Ms. Ord explained that if the area in question had been left open, people could drive right up to the Neely Soames House. She said the only people who will be able to see the house will be hikers and bicycle riders along the river. She said it is her understanding that all roads along the river will be closed to traffic. She asked what has happened to the money the City has collected since 1986 for rent. Eric Wells clarified that access to the Neely house would be off 236th. There were no further comments and JOHNSON MOVED to close the public hearing. Houser seconded and the motion carried. ORR MOVED to approve the Planning Department's recommendation of approval with conditions of an application to vacate a portion of Russell Road between S. 228th Street and James Street and to 5 February 7, 1995 STREET direct the City Attorney to prepare the neces- VACATIONS sary ordinance upon receipt of compensation and retainment of the utility easement. Johnson seconded. Orr then asked if it would be possi- ble to erect directional signs to the home; Harris said it would be a good idea. Orr shared Ord's concern about the condition of the house and said she does not feel this vacation will create problems as far as access. Mayor White asked that staff develop a proposal on signage and clean-up of the house which he will bring back to Council. Orr's motion then carried. (CONSENT CALENDAR - ITEM 3G) West Titus Street Vacation. ADOPTION of Resolution No. 1421 setting March 7, 1995, as the date for a public hearing on the West Titus Street Vacation. The Public Works Department has received a request for street vacation for a portion of Titus St. , from Webster Court Apartments & Titus Court Apartments. It has been recommended by the Public Works Committee that a hearing date be set for March 7th for the Titus St. Street Vacation. TRAFFIC (CONSENT CALENDAR - ITEM 3J) CONTROL Frager Road Guardrail. AUTHORIZATION for the Mayor to sign the Local Agency Agreement for the Frager Road Guardrail Installation and esta- blishment of the budget for same, as recommended by the Public Works Committee. Grant funding from ISTEA for this project is available. SIDEWALKS (CONSENT CALENDAR - ITEM 3P) Wheelchair Ramps, Phase II. AUTHORIZATION to accept as complete the contract with Gary Merlino Construction for the Wheelchair Ramp Improvements Phase II project and release of retainage after State releases, as recommended by the Public Works Director. The original contract was $51, 100. 00. The final construction was $53 ,400. 00. (CONSENT CALENDAR - ITEM 3S) Downtown Sidewalk Rehabilitation Phase I. AUTHORIZATION to accept as complete the contract with R. E. Bailey Construction for the Downtown Sidewalk Rehabilitation Phase I project and 6 February 7, 1995 SIDEWALKS release of retainage after State releases, as recommended by the Public Works Committee. The original contract was $157, 632 .90. The final construction cost is $186,863 .96, the overage being due to unforeseen conditions encountered in the field, i.e. , sidewalks built on top of older sidewalks. Adequate funds within the sidewalk fund exist to cover this overage. FRANCHISE (OTHER BUSINESS - ITEM 4A) MCI Metro Franchise - Introduction and First Reading. This franchise, when authorized, will allow MCI Metro Access Transmission Services, Inc. to install a portion of its regional fiber optic telecommunications system in the City of Kent. The franchise is being introduced only at this time. State law prohibits enactment of street franchises on the same day of their introduction. Assistant City Attorney Brubaker noted that this is a five-year franchise allowing MCI Metro to construct a fiber optic telecommunications system in any of the existing streets including areas annexed in the next five years. He noted that the only payments made to the City are a filing fee and an administrative fee, since by State law a franchise fee cannot be imposed. He added that fees may be negotiated later under certain conditions. Clark noted that the advantage of fiber optics is that you get sound and visual possibilities as well as other new services such as data compression. He said that while he welcomes MCI, he is concerned about keeping track of the changes, noting that the State does not have laws in place to bring it under regulation. MANN MOVED to send this item back to the Public Works Committee for further discussion before bringing it back to Council. Bennett seconded. It was clarified that this will appear on the February 21st agenda. The motion then carried. PLAT (CONSENT CALENDAR - ITEM 3K) Julie's Addition Final Plat FSU-94-7. AUTHORIZATION to set February 21, 1995 as the date for a public meeting to consider a final plat application made by Bargausen Consulting 7 February 7 , 1995 PLAT Engineers, Inc. This subdivision was originally approved in King County as a preliminary plat. Appropriate City departments met to consider this plat on December 21, 1994 and concurred that the plat meets City requirements. The plat is 4 . 561 acres in size, consists of 17 lots, and is located between 114th Avenue S.E. and 116th Avenue S.E. on S.E. 264th Place. COMPREHENSIVE (CONSENT CALENDAR - ITEM 3T) PLAN Draft Com rehensive Plan CPA-94-1. AUTHORIZATION to accept and refer the Draft Kent Comprehensive Plan (CPA-94-1) to the City Council Planning Committee to conduct such meetings and/or hearings it deems necessary in order to develop a recommendation for considera- tion by the full City Council. The Draft Kent Comprehensive Plan was forwarded to the City Council by the Mayor on January 5, 1995 following a year-long review process by the Planning Commission. The City Council held a workshop on the draft plan on January 17, 1995 and also conducted a tour of the planning area on January 21, 1995. ANNEXATIONS (PUBLIC HEARINGS - ITEM 2B) Beck Annexation (AN-94-4) . This date has been set for the public hearing on the final Council action necessary for completion of the Beck Annexation (AN-94-4) . The City Council accepted the 60% petition on October 4, 1994 and filed the Notice of Intent document for review and approval by the Washington State Boundary Review Board (BRB) for King County. The BRB notified the City that the notice is approved as of January 13, 1995. This annexation is approxi- mately 200 acres and is located north of James Street and lies astride of 95th Avenue South (approximately 1250 feet east of 94th and 600 feet west of 94th) extending northerly to approximately South 222nd Street. The proposed ordinance would annex this area. Planning Director Harris pointed out the loca- tion of the annexation on the map and noted that the population is approximately 500. 8 February 7, 1995 ANNEXATIONS Mayor White opened the public hearing. There were no comments from the audience and ORR MOVED to close the public hearing. Johnson seconded and the motion carried. ORR MOVED to adopt Ordinance No. 3210 annexing certain contiguous lands commonly known as the Beck Annexation. Houser seconded and the motion carried. (CONSENT CALENDAR - ITEM 3U) Interlocal Agreement for Procosed Annexation Areas Between Ring County, Federal Way and Rent. APPROVAL of and AUTHORIZATION for the Mayor to sign the Interlocal Agreement for proposed annexation areas between King County, Federal Way and Kent, as approved by the City Council Planning Committee. INTERNATIONAL (CONSENT CALENDAR - ITEM 3C) TRADE Green River Valley International Trade Program. AUTHORIZATION to enter into a service agreement for the Green River Valley International Trade Program. Funds have been allocated in the City of Kent 1995 budget. COUNCIL (CONSENT CALENDAR - ITEM 3F) APPROVAL of City Council Excused Absence. Council President Judy Woods' request for an excused absence from the February 7, 1995 City Council meeting as she will be unable to attend. CURFEW (OTHER BUSINESS - ITEM 4B) Initiative Petition 101 - Juvenile Safety and Family Reconciliation Ordinance (Curfew) . Submitted for consideration is an ordinance adopting Initiative Petition 101 entitled "Juvenile Safety and Family Reconciliation", establishing a curfew for juveniles within the City of Kent. Pursuant to RCW 35. 17, the City Council shall, within 20 days after certification of signatures on an initiative petition, either adopt the proposed ordinance without alteration or submit it to the people for a vote. The next available election for this measure would be April 25, 1995. Wade Davis, 26414 Eton Court, asked the Council to adopt the ordinance tonight, noting that it would be a waste of taxpayer money to have an 9 February 7, 1995 CURFEW election, since the initiative will then pass. Bill Young, 1005 E. Guiberson, agreed. Connie Epperly, 639 S. 5th Avenue, noted that the Council rejected a juvenile curfew ordinance seven months ago, ignoring the wishes of the citizens. She said she found support for a curfew in every neighborhood, and that the Councilmembers seem to be out of touch. She said it would be a travesty to force an expen- sive special election on the taxpayers for a foregone conclusion. Ron Harmon, 20627 95th Avenue South, who was also representing a neighbor, said that when he was approached about signing the petition, he was told that it would be submitted to the voters and that it was not a mandate for the Council to act. sCounciott, 26611 Manchester Avenue, begged the adopt the ordinance tonight, noting that her two teenage sons feel they can get away with any- thing. She said a curfew would give parents more control. Russ Stringham, 524 W. Meeker, said the results will be the same whether the ordinance is adopted tonight or a special elec- tion is held. He said the concern about the cost of a court challenge is inappropriate, since that may never happen, and that the Council should listen to taxpayers. He then quoted comments made in the past by Council- members and said the bottom line is getting to kids before it is too late. Chris Giannoulas, Dakota s Restaurant and Nightclubs, said he does not agree that the Council is out of touch with what is happening in this community, and that he has found them to be understanding, agreeable and open-minded. He also said he does not agree with those who say this will cost nothing. He said that he agrees with a curfew in some form, but that this one would be hard to enforce. He suggested that the initiative needs stronger language and clarification. He said the entire public may have to assume the bill and under- stand that the Police Department needs extra help. Bennett said that when this was brought to Council seven months ago he had strong evidence that the citizens and Police on the street were for it, and that that has not changed. HE THEN 10 February 7, 1995 CURFEW MOVED to adopt Ordinance 3211 adopting and enacting Initiative Petition 101 adding a new chapter to the Kent City Code entitled Juvenile Safety and Family Reconciliation . Johnson seconded. Mann noted that some people who signed the petition thought it would go before the citizens for a vote. He said that Stringham and Epperly had told him that some signers were not sure which way they would vote, but wanted to give citizens a chance to vote on it. He said there is no way to know how many people signed the petition with this intent, and therefore a special election should be held on April 25. Orr agreed that it is in the best interest of the citizens to have an opportunity to vote on this issue. She voiced concerns about how the ordinance would be enforced, and said that a major flaw is in giving officers the ability to take juveniles into custody but not providing a safe place to keep them. She noted that only two crimes were committed during the curfew hours in December. She questioned the impact of a 10 p.m. curfew to teens partici- pating in programs such as Project Lighthouse. She stated that Stringham had told her he signs nearly all initiative petitions because he believes in the process, and then tries to defeat the ones he does not believe it at the polls. She agreed with Mann that there is no way to know how many people signed the petition because they support a curfew and how many because they believe in the process. She pointed out that the number of signatures on the petition is a small percentage of the registered voters in the City. She urged all voters to do as much research as possible and make an informed decision on this issue. She also said staff must develop ways to deal with the enforcement and penalty sections in the event that this ordinance is the will of the voters. Clark said the City must consider whether this will be challenged in court. He noted that similar ordinances have already been success- fully challenged and that it was very expensive. He noted that to adopt this ordinance would be dangerous because of the potential impact to the 11 February 7, 1995 CURFEW budget. He stated that the Supreme Court has ruled that children do have rights and in order to take those rights away, you must establish that it is in their best interest that those rights be removed. He questioned whether the intent of the ordinance is to roll back crime, and noted that violators can already be arrested. He noted that the City is required by law to house juvenile offenders separate from adults, and therefore they cannot be housed at the Corrections Facility and that they could not be housed at the Regional Justice Center either. He said juveniles from Kent would have to be taken to Seattle, which is normally full, so they could not be held. He questioned what would be done with juveniles who are not from Kent, and noted that it would be expensive to provide transportation to take them home. He said that to arrest juveniles under this law would be to arrest them because they are kids, not because they have done anything wrong. He said that changing their behavior is critical, but that it would be expensive. He pointed out that the City Council has tried to help children by expanding youth teen programs with an in- crease in the utilities tax. He said if funding is taken away and used for a teen correction center in Kent, juveniles will have been de- tained but nothing will have been done to change their behavior. He said he does not feel passing a curfew is a more efficient use of money, and that it would not do anything to help children. Houser noted for Ms. Scott that her children will not be picked up and returned to her, but will be cited and let go since there is no place to take them. She said the curfew will not solve behavior problems but it will cost money for fines every time they are picked up. She agreed with Orr and Clark, and said that 3 , 000 signatures is not a good indication of the feelings of a city of 43, 000 people. She said everyone should have the chance to vote. 12 February 7, 1995 CURFEW Upon a roll call vote, Bennett's motion to adopt Ordinance 3211 failed, with Bennett and Johnson in favor and Clark, Houser, Mann and Orr opposed. MANN MOVED to call for a special election to be held April 25, 1995 by mail ballot in accordance with RCW 29 . 36. 120 on Initiative Petition 101. Houser seconded. The City Attorney explained that a mail ballot would be more cost effective. Upon a roll call vote, Mann's motion carried unanimously. FIRE (CONSENT CALENDAR - ITEM 3E) Inspection Agreement with Ring County. AUTHORIZATION for the Mayor to sign the Inter- local Agreement with King County, which covers the inspecting of all occupancies in Fire District 37 , with the exception of single family residences and miscellaneous structures. This agreement is in a series of continuing agree- ments that have been signed for the last several years. This agreement provides a tool used by the Fire Department to alleviate serious fire hazards in the District's commercial buildings. It is for the first inspection and one re-inspection only. Any follow up work after the first re-inspection is the responsibility of the King County Fire Marshal. HUMAN RESOURCES (CONSENT CALENDAR - ITEM 3D) Salaried Judge Position. APPROVAL of the creation of the position of Municipal Court Judge as a salaried position in Department Head Salary Range 2 ; that the judge's position be budgeted and paid at the rate of 85% of full time; and that the budget be amended to reflect the creation of the position of Municipal Court Judge as a salaried position and the necessary funds to pay for the position be transferred to salaries and benefits from professional ser- vices, as recommended by the Operations Committee. APPOINTMENTS (CONSENT CALENDAR - ITEM 3L) Planning Commission Appointments. CONFIRMATION of the Mayor's reappointment of Janette Nuss to continue serving as a member of the Kent 13 February 7, 1995 APPOINTMENTS Planning Commission. Ms. Nuss' new term will continue to 12/31/2000. CONFIRMATION of the Mayor's appointment of Mike Pattison to serve as a member of the Kent Planning Commission. Mr. Pattison will replace Raymond Ward, whose term expired. His new term will continue to 12/31/2000. (CONSENT CALENDAR - ITEM 3M) Arts Commission Appointments. CONFIRMATION of the Mayor's appointment of Sherri Ourada and Shannon McMurry to serve as members of the Kent Arts Commission. Ms. Ourada will replace JoAnn Brady, who resigned, and her term will continue to 10/31/97. Ms. McMurry will replace Keiko Cullen, who resigned, and her appointment will continue to 10/31/95. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through January 3, 1995 for 1995, January 12, 1995 for 1994 and January 13, 1995 for 1995 and paid on January 12, 1995 for 1994 and January 13 , 1995 for 1995 after auditing by the Operations Committee on January 25, 1995. Approval of checks issued for vouchers: Date Check Numbers Amount 1/1-1/12/95 150851-151217 $1,266,868.44 1/1-1/13/95 151218-151266 601,471.78 $1, 868, 340.22 Approval of checks issued for payroll for January 1 through January 15, 1995 and paid on January 20, 1995. Date Check Numbers Amount 1/20/95 Checks 200485-200817 $ 292, 592 .20 Advices 21149-21530 488 ,859 . 57 $ 781,451.77 REPORTS Operations Committee. Johnson noted that the next Committee meeting will be held on February 8 at 9 : 30 a.m. 14 February 7, 1995 REPORTS Planning Committee. Orr announced that the City Council Planning Committee will hold a public meeting on Tuesday, February 14th at 6: 00 p.m. in Chambers West to discuss the Draft Compre- hensive Plan and invited all interested persons to attend. Orr also noted receipt of material addressed to Council President Woods from Russ Stringham on the part ofethesrecord. Bennette plan and ED that secondedt be and the a part motion carried. Administrative Reports. McFall reminded Council of an executive session to discuss labor negotiations and property acquisition. EXECUTIVE The meeting recessed to Executive Session at SESSION 8 :20 p.m. The Council meeting reconvened at 9: 00 p.m. LABOR JOHNSON MOVED that the Mayor be authorized to NEGOTIATIONS sign a collective bargaining agreement with the Police Support Unit. Houser seconded and the motion carried. PROPERTY ROUSER MOVED to acquire the property known as ACQUISITION the King residence for $95, 050 and that a budge of $97 , 000 be established from the CIP reserve fund to cover purchase price, closing costs and minor repairs to the house. Mann seconded and the motion carried. HOUSER MOVED to acquire the property known as the Skinner residence for $105, 000 with the acquisition cost coming from excess funds in the Green River Trail Project under the 1989 King County Open Space Bond Program. Bennett seconded and the motion carried. ADJOURNMENT The meeting adjourned at 9: 05 p.m. Brenda Jacooerr, CMC City Clerk 15