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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 04/01/1997Kent, Washington April 1, 1997 Regular meeting of the Kent City Council was called to order at 7:00 p.m. by Mayor White. Present: Councilmembers Bennett, Clark, Epperly, Houser, Orr and Woods, Operations Director/Chief of Staff McFall, Assistant City Attorney Brubaker, Police Chief Crawford, Assistant Fire Chief Aldridge, Public Works Director Wickstrom, and Planning Director Harris. Councilmember Johnson was excused from the meeting. Approximately 60 people were at the meeting. PUBLIC Employee of the Month. Mayor White announced COMMUNICATIONS that Jim McDonald, Cultural Arts Coordinator, has been selected as April Employee of the Month. He noted that McDonald plays a key role in coordina- ting aspects of City-wide special events such as the popular Balloon Classic, Canterbury Faire and Kids' Arts Day, and that his management of the City Art Program provided the opportunity to shape the award -winning "Reclamation Art Project" which pairs teens with a professional artist. He then presented the Employee of the Month plaque to Mr. McDonald. Mayor's Appointees. The Mayor announced his appointees and reappointees to the Drinking Driver Task Force, John Bond, Ford Kiene and Sally Johnson, and his reappointee to the Bicycle Advisory Board, Bob Schneider, and introduced those who were in attendance. Washington State Disaster Preparedness Month. Mayor White read a proclamation noting that the loss of life and property can be greatly reduced if appropriate disaster preparedness measures are taken before, during and after a damaging disaster, and that the measures presented in the "Prepare Because You Care" campaign should increase public awareness regarding proper pro- cedures to follow during a disaster. He then proclaimed the month of April 1997 as Washington State Disaster Preparedness Month in the City of Kent and encouraged all citizens to enhance their knowledge and awareness of proper safety measures to follow. The proclamation was presented to Assistant Fire Chief Aldridge. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through R be approved. Woods seconded and the motion carried. 1 Kent City Council Minutes April 1, 1997 MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of March 18, 1997, and the workshops of February 25 and March 18, 1997. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3H) Emergency Sewer System Repairs. ADOPTION of Resolution No. 1489 certifying that an emergency existed requiring immediate repairs to a portion of the City's sewer system and ratifying all prior acts related to the system's repair, as recommended by the Public Works Committee. On January 17th a failed side sewer system was discovered on Railroad Avenue at the Kent Cold Storage. Because sewerage was reportedly spilling on the ground and the failure appeared to be caused by City watermain construction work, the Public Works Director felt this was an emergency that needed to be addressed. The final bill received is $60,000, however, it is being reviewed and the actual final cost may be con- siderably less. Monies for same will come from the Downtown Watermain fund and the Miscellaneous Sewer Improvement fund. (CONSENT CALENDAR - ITEM 3J) Waterline Easement - Boos Crook Well. ADOPTION of Ordinance No. 3343 relating to the Soos Creek Well Improvements project. The Public Works Department has been unsuccessful thus far in negotiations with Ms. Karen Rehkop to grant the City a right of way easement for a waterline on her property located in the vicinity of Kent Kangley Road (SR 516) and 116th Avenue S.E. The Public Works Committee has recommended adoption of an ordinance and authorization to condemn this property should negotiations continue to fail. (CONSENT CALENDAR - ITEM 3K) Traffic Signal Hardware (Meeker and Russell). ACCEPT the Traffic Signal Hardware for the Meeker & Russell Road signal installation as complete, and release retainage to McCain Traffic Supply upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $74,421.04. The final construction cost was $74,421.04. 2 Kent City Council Minutes April 1, 1997 PUBLIC WORKS (CONSENT CALENDAR - ITEM 3L) Mill Creek/SR 167 Drainage Tunnel. ACCEPT the Mill Creek/SR 167 Drainage Tunnel as complete and release retainage to Northwest Boring upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $246,760. The final construction cost was $285,956.40. (CONSENT CALENDAR - ITEM 3M) Green River Natural Resources Enhancement Area. ACCEPT the Green River Natural Resource Enhancement Area project as complete and release retainage to Kiewit Pacific upon standard releases from the state and release of any liens, as recommended by the Public Works Director. The original contract amount was $9,399,334 which includes the Council approved $700,000 Change Order. The final construction cost was $9,460,180.06. PUBLIC SAFETY (PUBLIC HEARINGS - ITEM 2A) Personal Watercraft (Jet Ski) Ordinance. This date has been set for a hearing on a proposed ordinance regulating the operation of personal watercraft on Lake Meridian. Lake Meridian provides recreational activities to both local residents and members of the public including swimming, water skiing, fishing and other similar water dependent activities. During the last few years, recreational uses and more specifically vessel traffic on the lake have increased dramatically. The increased popularity of personal watercraft has resulted in increasing conflicts with other uses on the lake such as water skiing, creating concern for public safety. The purpose of the regulations would be to restrict the times when personal watercraft may operate to give all users an opportunity to utilize the lake and reduce potential conflicts in uses and enhance public safety. The regula- tions would restrict operation of personal watercraft at speeds in excess of eight (8) mph to the hours of noon to 6:00 p.m. on even numbered days from May 16 through and including September 15 of any year. 3 Kent City Council Minutes April 1, 1997 PUBLIC SAFETY Mayor White declared the public hearing open. Tom Brotherton, President of the Lake Meridian Community Association, 26805 148th Avenue SE, said the Association was formed in 1991 to solve the overcrowding problem on the lake. He explained that at that time there were 60 boats at a time on the lake, but that now there are approximately 20 because there are too many personal watercraft. He said that personal watercraft are an intrusive problem for water skiers and that they create safety hazards for themselves and boats. He noted that a community meeting was held in November at which they determined that the problem is personal water- craft and that the problem is greatly ameliorated when the Police boat is on the lake. He pointed out that the Police boat is active approximately 30-40 hours a week. Brotherton noted that many states are considering legislation to restrict personal watercraft in one way or another, or to do education. He noted that there are many young, inexperienced oper- ators who are not careful, and that there is no education or license requirement in Washington. He said there is an age requirement of 14 years of age to operate personal watercraft. He noted that personal watercraft are much more likely to be involved in accidents than are other kinds of boats. He said personal watercraft should not be treated the same as other boats, as they are much more dangerous. He said the purpose of the regulation as written was to provide adult supervision for personal watercraft and to time the hours so that the Police boat could be in the lake at the same time personal watercraft are. Jack Welinski, 13835 SE 260th, said that Mr. Brotherton does not represent all homeowners on the lake. He agreed that the lake is overcrowded, and suggested limiting the parking spaces that are available. He said this would limit the number of boats, and that a launch fee could be charged which could be used for water safety education. He stated that because of the time zones proposed, working people would only be able to use the lake in the evenings or weekends. He pointed out that owners of boats, jet skis and sail boats all have to pay a tax. 4 Kent City Council Minutes April 1, 1997 PUBLIC SAFETY Mary Olsen, 14400 SE 270 Place SE, said he is a certified safety and health specialist and that he has never seen such a disrespectful, dis- courteous, unmannerly display of watercraft in his life as he has seen for the last five years. He said it is chaotic, noisy and unsafe. He said the proposed ordinance is a good compromise, and that if a solution is not arrived at, the State will come forward with a law to govern all bodies of water in the state. He -said that by having something in place beforehand they will not have to go by State law. He noted that the State of Vermont has made a ruling that any body of water under 300 acres does not allow any personal watercraft. He noted that Lake Meridian is 100 acres. He provided a list showing that over half of the states in the United States have some kind of legislation pending for personal watercraft. Carol Voss, 14610 SE 266th, reiterated that this ordinance is a very good compromise. She said that people using jet skis need to be monitored, because they do very dangerous things. She noted that parking has already been limited when King County remade Lake Meridian Park. She said that because of the limited number of spaces, people park in other parts of the neighborhood and that limiting parking is not limiting jet skis. She said there is no rescue apparatus and encouraged the Council to seriously consider this ordinance. Tom Ryan, 14605 SE 266th, said years ago he worked to open the lake up to boats with motors, which he now regrets. He said that jet skis encourage reckless operation, that they are noisy, and that they create huge waves and wakes. He said Lake Meridian is not large enough for this type of watercraft, and that Minnesota is acting to control them in small bodies of water. He noted that the timing is intended to provide quiet time for fishing. Susan Bielinski, said that the Lake Meridian Community Association does not represent the community as a unit and does not fairly represent the residents opinion. She said that restricting the use of personal watercraft to even -numbered days takes traffic from the odd -numbered days and congests the even -numbered days, making them even more hazardous than before. She proposed charg- ing a fee for a vehicle with a trailer, which 5 Kent City Council Minutes April 1, 1997 PUBLIC SAFETY would not penalize lakeside residents since they could park their trailers on their own property. She said this would restrict out -of -area visitors from congesting their lake, and that the fees could be used to maintain the lake and pay for law enforcement. She suggested that non -lake residents living in the City of Kent could apply for a seasonal permit, and that safety information could be provided with the permit. Bielinski pointed out that she was not told when paying taxes for the jet skis that they could only be used half the time. She said that jet skis are no noisier than lawn mowers and that a decibel rating could be set for all boats. Georgine Goldberg, 26706 138th Place SE, said that if the speed limit were returned to 23 mph, there would be no jet skiers or water skiers. She said it is impossible to use canoes or sail boats on the lake now. Bruce Bell, 14313 SE 266th, spoke in support of the proposed ordi- nance, and said the overwhelming opinion is against jet skis. He said boats and jet skis are very noisy and that he enjoys the quiet time before and after. He said self regulation does not work, and that he likes the idea of limiting the number of parking places and thereby the number of craft on the lake. He said he would like to see no parking on both sides of the road. Tony Bjornson, 28029 131st Avenue SE, said that people who do not live on the lake have just as much right to use the lake and to have input on any changes in the rules. He said limiting the use of jet skis is not a compromise because the opposing view is not involved in the process. He agreed that personal watercraft add to the overcrowding, but reiterated that people who use them and who do not live on the lake should be involved in making the rules. He said if that were the case, he would favor any decision that was arrived at. Pat Healy, 32115 105th Place SE, Auburn, said he owns a jet ski and likes the idea of limiting spaces. He pointed out that there is a $100 fine for doing anything dangerous and commended the police for pulling people over. He said it is not fair to limit watercraft to even or odd numbered days, but not to limit boats because they all make noise. He said more thought needs to be put into this and more notice given. He concluded by saying that if all sides got together, a solution could be worked out. N Kent City Council Minutes April 1, 1997 PUBLIC SAFETY June Pozzi, 14639 SE 267, said her main concern is the noise, which is unbearable. She said the jet skis are noisier than boats and that a jet skis exhaust is out of the water 50% of the time. She noted that the jet skis are dangerous because they come so close to water skiers, and said that they do not follow the rules for boats. She provided photos of the posted rules. Dave Foss, 14232 SE 270th Place, spoke in support of the ordinance, noting that it is a good com- promise. He said that people representing personal watercraft were in attendance at the meeting held by the Lake Meridian Community Association on this matter and that this is the compromise they came up with. He said that he will not water ski on days that jet skis are on the lake. Steven May, 18315 9th Street East, Auburn, a nationally certified riding safety instructor, said that every seventh driver on the road is legally drunk but that all cars are not being banned. He said there is a density pro- blem, a water safety problem and a noise problem on the lake, and that each issue should be addressed separately. He noted that Pierce County suggests that watercraft not be operated recklessly and that the penalty be up to 90 days in jail and/or a $1,000 fine. He suggested taking the bad element out so that others can enjoy the facilities. Robin Rausch, 26430 136th Avenue SE, said she has seen drastic changes and that safety has been compromised by the addition of personal watercraft. She said the problem is their maneuverability and speed. She noted that operators have no experience or education on how to use them, and that not all operators comply with the law. She pointed out that jet skis go in and out of traffic and do not follow the traffic pattern. She said limiting the number of people who can launch at the public launch will not solve the problem because personal watercraft can be launched from a yard. She urged the Council to adopt the ordinance. Steven Crowell, 26709 148th Avenue SE, agreed with Mrs. Pozzi regarding unbearable noise level. He said that residents cannot open their windows, or use their lawns, decks or patios. He said that there are nests of bald eagles in the area and that bald 7 Kent City Council Minutes April 1, 1997 PUBLIC SAFETY eagles are very sensitive to noise. He said the level of noise on the lake should be compatible with the flora and fauna, as well as the residen- tial use of the land around the lake. Lance Backey, 26427 164 Avenue SE, said that bald eagles are not sound sensitive, and that adding another law will not benefit anyone. He said enforcement should be increased. Bill Rausch, 26430 136th Avenue SE, spoke in support of the ordinance, saying it is an excellent compromise. He emphasized that the Police boat coverage is limited because marine officers have to spend their time at other jobs with the park. He said limiting the time personal watercraft can be on the lake will make the Police boat s job easier and they can be present at critical times to police the lake. He said 99% of the problems on the lake are from personal watercraft that come from off the lake. He urged the Council to adopt the ordinance. Nancy McElheran, 25931 138th Avenue SE, said the lake is not safe because of the boats and per- sonal watercraft. She voiced support of the ordinance and said jet skis stay in one spot and go around and around, which is very noisy. HOUSER MOVED to close the public hearing. Woods seconded and the motion carried. Mayor White thanked the residents for attending and showing an interest in their community. In an effort to ensure that all user groups are fairly treated, BENNETT MOVED to send the ordinance back to the Public Safety Committee at 5:00 p.m. on April 15th. Orr seconded and the motion carried. ORR MOVED that all materials received this evening and the material sent by Mr. Brotherton be made a part of the public record. Woods seconded and the motion carried. (CONSENT CALENDAR - ITEM 3I) Boating Regulations. ADOPTION of Ordinance No. 3342 amending Chapter 4.06 of the Kent City Code entitled "Boating Regulations" relating to recreational vessel operation and related activi- ties within the City of Kent, adopting certain provisions of the Revised Code of Washington and the Washington Administrative Code and making other related amendments, as recommended by the Public Safety Committee. 9 Kent City Council Minutes April 1, 1997 PLANNING (CONSENT CALENDAR - ITEM 3C) Home Occupation Standards ZCA-96-8. ADOPTION of Ordinance No. 3340 amending Section 15.08.040 of the Kent City Code to make certain modifications to the home occupation regulations by providing for a special home occupation permit for in-house music and dance schools and/or studios, art lessons, and academic tutoring, as approved by the Planning Committee. (CONSENT CALENDAR - ITEM 3R) (ADDED BY OPERATIONS DIRECTOR) Meridian Valley Annexation AN-96-1. SET April 15, 1997, as the date for a public hearing on the Meridian Valley Annexation. (CONSENT CALENDAR - ITEM 3D) Building Inspector. AUTHORIZATION to retain the RJC building inspector position following com- pletion of the Regional Justice Center; and to amend the General Fund budget by the addition of $42,200 to both Development Services expenditures and permit and plan review fee revenues, as recommended by the Operations Committee. (OTHER BUSINESS - ITEM 4A) Mixed Use Zoning 2CA-96-5. The Planning Committee reviewed the recommendations of the Land Use and Planning Board with regard to the Mixed Use Zoning Amendment on February 4, February 28, and March 18, 1997, and voted to pass on the Board's recommendation with amendments. The proposed zoning amendments will allow mixed use development, under certain circumstances, in portions of the General Commercial (GC), Community Commercial (CC), and Professional and Office (0) zoning districts. Kevin O'Neill of the Planning Department ex- plained that there are several areas that the Comprehensive Plan designates for mixed use developments, which combines residential and commercial uses together. He outlined the proposed amendments as follows: 1. Revise the definition of mixed use develop- ment to ensure that at least 25% of the gross floor area of any development be in commer- cial use, and that the residential component of a mixed use development cannot be per- mitted or occupied prior to the commercial component. 9 Kent City Council Minutes April 1, 1997 PLANNING 2. Delete the existing zoning provisions that allow multi -family residential uses in the CC and Office zones as a part of the use development in favor of what the Land Use Board is now recommending. 3. For certain development standards, require that 25% of the floor area be in residential use or commercial use. 4. Expand the proposed mixed use overlay boundary that the Land Use Board brought forward to include a particular parcel on Kent-Kangley Road. 5. Clarify that the Planning Department would work with the City Attorney's Office to develop procedures and criteria for amending the overlay area over time. ORR MOVED to adopt the Zoning Code Amendments (ZCA-96-5) in the GC, CC and O zoning districts related to mixed use development, as recommended by the Planning Committee on March 18, 1997, and to direct the City Attorney to prepare the necessary ordinance. Bennett seconded. Clark pointed out that although this is a real change, this type of development currently exists on West Meeker and on East Hill. O'Neill noted that Bellevue, Kirkland, Seattle and Redmond have adopted mixed use zoning ordinances. Mark Hinshaw, consultant, said Lions Gate in Redmond is a good example, which has a ground level portion facing the sidewalk for commercial with two floors of residential above. He said that along Lake Washington Boulevard in Kirkland there are new buildings which combine residential and commercial within them. He explained horizontal mixed use as where commercial space is toward the street and residential is behind it, sharing parking, access or open space. He said the idea is to get a mix of activities, allowing people to live and shop without necessarily using a car. Clark said it is a great opportunity in terms of choice. Orr's motion then carried. 10 Kent City Council Minutes April 1, 1997 PLANNING (OTHER BUSINESS - ITEM 4B) Annexation Policy. The Planning Committee has recommended a new Annexation Policy. They held meetings on this issue on December 10, 1996, January 21, 1997 and March 18, 1997. Planning Director Harris showed a map of the Potential Annexation Area and explained that the Del Mar Annexation and the Meridian Valley Annexation are currently under way. He said that after those areas are annexed, there will be approximately nine square miles left to annex. Harris noted that the 1987 annexation policies have been reviewed, updated and presented to the Planning Committee. He explained that some of the proposed policies include assisting citizens who have expressed a desire to annex to the City, continuing the current high level of service, giving equal priority to all areas of the Potential Annexation Area for annexing to the City but having only one annexation take place at a time. Harris noted that the next large area for annexation is in the vicinity of Kentridge High School and Panther Lake, and that there are approximately 20,000 residents and a large commercial component. He said that these policies will bring the City up to date and that when all annexations in the Potential Annexation Area have been completed, the City will be approximately 36 square miles in size and will have a population of about 90,000. ORR MOVED to approve the Annexation Policy as recommended by the Planning Committee. Woods seconded and the motion carried. (OTHER BUSINESS - ITEM 4C) Contract for Zoning Code Update. The 1997 Kent Capital Improvement Plan set aside $75,000 for consultant services to update and modernize the City's Zoning Code. The Planning Department has interviewed several consulting firms and seeks authorization for the Mayor to sign a contract with McConnell/Burke consultants. 11 Kent City Council Minutes April 11 1997 PLANNING ORR MOVED that the Mayor be authorized to sign a contract with McConnell/Burke consultants to complete the Zoning Code Revision project with terms and in a form substantially similar to the proposed contract. Houser seconded and the motion carried. FIRE (CONSENT CALENDAR - ITEM 3E) King County Medics Lease Agreement. AUTHORIZATION for the Fire Chief to sign lease agreements between King County EMS and the City of Kent for housing Medic Units at Fire Stations 76 (Valley Industrial Area) and 75 (Soos Creek Station). These agreements are based upon the need to add a paramedic unit to the Valley area (Station 76) and to maintain the current medic unit near Soos Creek (Station 75). The agreement is similar to the previous agreement that Fire District #37 had to house medics at the Soos Creek Station and has received approval from the City Attorney's office. (CONSENT CALENDAR - ITEM 3F) Surplus of Fire Apparatus and Selling of Apparatus on Consignment. AUTHORIZATION to sur- plus and sell the 1981 Aerial Ladder (Apparatus 750) and the 1974 Ford Pumper (Apparatus 735), and for the Fire Chief to sign the agreement to sell the apparatus by using a consignment vendor. (CONSENT CALENDAR - ITEM 3G) Ambulance/Emergency Medical Service. ADOPTION of Ordinance No. 3341 adding a new chapter to the Kent City Code, Chapter 5.11, entitled "Ambulances" regulating the operation of ambulance services and requiring a business license for ambulance companies to operate within the City of Kent, as approved by the Public Safety Committee. PARKS (CONSENT CALENDAR - ITEM 3N) Lake Fenwick Trail Project. ACCEPTANCE of the Lake Fenwick Trail Project as complete and release of retainage to the contractor, Ohno Construction, upon releases from the State of Washington. 12 Kent City Council Minutes April 1, 1997 FACILITIES (BIDS - ITEM 5A) Senior Center Re -Roof Project. Two bids were received for Option 2 of the bid request as follows: Meyer Brothers Roofing Inc. - $219,737; Snyder Roofing - $216,000. Both bids were over the estimate and staff recommends that they be rejected. WOODS MOVED that all bids on the Senior Center Re -roof Project be rejected. Orr seconded and the motion carried. COUNCIL (CONSENT CALENDAR - ITEM 3Q) Council Absence. APPROVAL of an excused absence from tonight's meeting for Councilmember Jon Johnson. APPOINTMENTS (CONSENT CALENDAR - ITEM 30) Drinking Driver Task Force. CONFIRMATION of the Mayor's appointment of John Bond, Signal Engineer in the Transportation Department, to serve as a member of the Drinking Driver Task Force. Mr. Bond is a Kent resident and a long time City employee. He serves as a member of the Fatal Accident Investigation Team, teaches traffic control flagging, and serves as a Safety Officer with Ken Chatwin, Risk Manager. Additionally, he is very active with Boy Scouts of America and is a veteran volunteer with the Kent Fire Department. Mr. Bond will replace Kristin Langley, whose term expired, and his appointment will continue until l/1/2000. CONFIRMATION of the Mayor's reappointment of Mr. Ford Kiene and Ms. Sally Johnson to continue serving as members of the Drinking Driver Task Force. Their new appointments will continue until 1/1/2000. (CONSENT CALENDAR - ITEM 3P) Bicycle Advisory Board. CONFIRMATION of the Mayor's reappointment of Mr. Bob Schneider to continue serving as a member of the Kent Bicycle Advisory Board. His new appointment will con- tinue until 12/31/98. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through February 28 and paid on February 28, 1997, after auditing by the Operations Committee on March 14, 1997. 13 Kent City Council Minutes April 1, 1997 FINANCE APPROVAL of payment of the bills received through March 14 and paid on March 14, 1997, after auditing by the Operations Committee on March 19,1997. Approval of checks issued for vouchers: Date Check Numbers Amount 2/27/97 180861-181062 $ 688,862.94 2/28/97 181063-181413 l 367,586.57 $2,056,449.51 3/13/97 3/14/97 181414-181595 181596-181956 $ 902,153.22 1,523,072.23 $2,425,225.45 $4,481,674.96 Approval of checks issued for payroll for March 1 through March 15, 1997, and paid on March 20, 1997: Date Check Numbers Amount 3/20/97 Checks 218287-218701 $ 274,679.80 3/20/97 Advices 43992-44440 616,102.83 $ 890,782.63 REPORTS Council President. Houser announced that the Suburban Cities dinner will be held on April 9 and asked that Councilmembers contact Ms. Banister as to whether they plan to attend. Public Works Committee. Clark noted that the Committee meeting scheduled for tomorrow has been cancelled. Planning Committee. Orr noted that the next Committee meeting will be held on April 15 at 4:00 p.m. Orr noted that at a previous Council meeting she had asked for information on golf course maintenance costs. She said she has not yet received it and asked for it as soon as possible. Public Safety Committee. Bennett noted that the next Committee meeting will be held on April 15 at 5:00 p.m. 14 Kent City Council Minutes April 1, 1997 REPORTS Administrative Reports. McFall reminded Council of a brief executive session to discuss negotia- tions for property acquisition. Dena Laurent, Government Affairs Manager, gave a brief update on Legislative matters including the Legislative warehouse tax exemption, the intangibles tax Update exemption, the gambling tax bill, and the manu- facturing tax exemption. She offered to answer questions on welfare reform if Councilmembers have any. Laurent also reported on parks grants, GMA reform and the gas tax package. EXECUTIVE The meeting recessed to Executive Session at SESSION 8:25 p.m. ADJOURNMENT The meeting reconvened and adjourned at 8:50 p.m. Brenda Jacober,/CMC City Clerk / 15