HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 02/20/1979 Kent, Washington
February 20, 1979
Regular meeting of the Kent City Council was called to order at
8j00 o 'clock p.m. Present: Playor Hogan, Councilpersons Carey,
B. Johnson, J. Johnson, Just, Kitto, Masters and McCaughan , City
Administrator Cushing, City Attorney Mirk, Planning Director Harris,
Public Works Director Ulett and Finance Director Winkle. Also
present: . Parks Director Wilson, City Engineer Wickstrom, . Planning
Commissioners Hamilton and Barbara Bell, and URS representatives
Ramsey and Abed. Approximately 50 people were in attendance at
' the meeting.
MINUTE$ KITTO MOVED that the minutes of the regular
meeting of February 5, 1979 be approved as
printed, McCaughan seconded. Motion carried.
SISTER CITY Mr. Glen Tomai presented the annual budget for
Kent-Kaibara Town Affiliation. He introduced
the young lady from Kaibara now attending Kent
Meridian High School.
APPEAL Tri-State Construction Conditional Use Permit.
Tri-State Construction has filed an appeal re-
gardinq the Planning Commission' s action of
January 23, 1979 , to revoke their Conditional
Use Permit for a storage yard on S. 192nd. The
permit was issued in September 1977. The Mayor
opened the public hearing. Ron Augustino of
Tri-State Stated that the only thing holding
them up was the sewer connection. Harris noted
that there had been a lack of communication with
Tri-State a4d that what was required was compli-
ance with the provisions of the permit. He
noted that the paving has now been completed
and that he is satisfied with their progress .
It was determined that the Planning Department
would do the follow-up work required. Upon B.
;Johnson ' s question, Harris noted that it would
be necessary to continue the landscaping bond.
He also noted that the conditional use permits
are reviewed annually or every six months. B.
JOHNSON MOVED that the hearing be closed, Carey
seconded. Motion carried. MASTERS MOVED to
approve the Conditional Use Permit, Carey seconded.
Motion carried.
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February 20 , 1979
APPEAL One Million Gallon Standpipe -, West Hill. The
City of ent Department of Public Works applied
for a Conditional Use Permit to allow 'construc-
tion of a one million gallon water standpipe on
the southeast corner, of S. 244th and 36th Avenue
S. (Military Road) . The' Planning Commission at
its public .hearing on the matter on January 23,
1979 , denied the permit and the Department of
Public Works has filed an appeal to the City
Council. The matter has been scheduled for a
hearing for this meeting. Ulett read a state-
ment containing background information on the
subject noting the URS Comprehensive Water Report
of 1972, the Referendum 27 loan in 1974 to finance
several water projects ,. the 1974 contract with
URS to design the projects and the Water Revenue
Bonds for 1976 and for 1978 , all of which refer
to the water reservoir for the West Hill. Ulett's
written comments have been made a part of the
record. The public hearing was opened by Mayor
Hogan and Berne Biteman and Walt Nixon presented
pictures showing how the proposed tower would _
obscure the view. They contended that the tank
should be placed underground and opined .that this
type of tank would cost no more than the 85 '
standpipe proposed. They also opined that if
Kent built this tower, that the City of Seattle
would not consider putting their facility under-
ground when design work starts for Seattle ' s
facility in this same area.
Mixon read a letter from Murray Casler, real
estate broker, stating that the value of Nixon' s
property would decrease by 7 to 10% if the tower
was built across the street from his residence.
The letter was made a part of the record on
Carey' s motion, seconded by B. Johnson, and
carried. Biteman stated that the decline of
property values was the main concern of the
residents and noted that the preamble to the
petition containing 241 signatures so stated,
but that the Environmental Impact Statement did
not address this subject. Ruth Martin noted
that not many people had mentioned the loss of
the view at the Planning Commission hearing
because so many people wanted to speak. Patricia
2 -
February 20, 1979
APPEAL Down noted that the tank could be placed under-
ground and the above-ground pumps could be'
housed in a structure no higher than a resi-
dence. Ulett noted that the tower would serve
(One Million the West Hill area and that the underground tank
Gallon Stand- at Garrison Creek served the valley area with
flow. He pointed out that alternate
Piped a gravity
locations and types of systems have been considered
and that all were found to be more costly and less
efficient. He noted that undergrounding such a
tank would cost more than the water bond issue
would allow. Finance Director Winkle noted that
the city had committed to certain water projects
when the Water Revenue Bonds were issued, includ-
ing a dollar amount for the acquisition of a site
for the West Hill facility. He noted that a site
costing more than specified in the Bond Ordinance
would violate the integrity of the city and fur-
ther that the city had made a basic commitment
that issuance..of the -bands;._�would make an increase
:in water rates unnecessary r ail approximately
the Enid: 80s.
ft was determined by Harr:,s,;t4at the site was
l:atge= enough to aceomodate,_;the tank with the re-
quired. :setbaok,s.., After; ;all,. who wished to speak
were afforded that- oppprtupity, J. JOHNSON MOVED
: to:: close,;the,-hearing:;: Carey . eeconded. Motion
carried,., B:. ,:JOUNSON,-MOVZPa t4 ,uphold the Planning
Commissicgn, tq< delay ,the;,permit , Masters seconded.
K tto,, J.: J4.hnson,:and JuSt,, pDposed the motion
rloting: .that the- matter-had,
--bojen fully considered,
that water fo ;..the-;,West ,hill; was needed and was
the .,Prime c4noesn Master'€ stated that she felt
'theaJ,texn,atites had not been fully evaluated.
Motion F.PvXLED ;with.: opIy-;$; 1 Johnson and Masters
supporting it;._ .4,P,_,tp approve the issu-
ance of the permit, McCaugb,au, seconded. Motion
carried with,,,Kaste s. .a# .;�Jphnson dissenting.
APPEAL Ee11--Aazder9 .;:R ;alt ,. ��c, ,filed an application
for a Conditional Use Permit to allow construction
of a_A O4 unfit , apartment ;gpmplex in a CC zone t - ,The
Planning p nis ion ne r ,a pu dic hearing on the
matter,-on January, 2.3,,.. 19779 ,and denied the permit.
3 -
February 20 , 1979
APPEAL An appeal was filed and the Council ' s hearing
of the appeal has been scheduled for this meet-
ing. Harris described the site as 2 . 1 acres
(Bell- located at 10460 and 10602 S.E . 256th, noting
Anderson that access to the proposed complex would be
Realty, Inc_ ) from 256th by way of a 30 ' easement between
the two above addresses . He commented on the
traffic congestion which already exists on S .E.
256th in this vicinity, and noted that there
was also a sewer problem in the area. These
two items were the basis of the Planning Commis-
sions denial of the application for the permit.
Mayor Hogan opened the public hearing. Gerry
Anderson noted that Bell-Anderson was prepared
to provide additional access to the site through
an easement to 104th S .E. He noted that 104th
was an improved street with four lanes , and a
fifth turning lane, and that this would provide
the primary access . Wickstrom noted that the
existing sewer system was not adequate to accom-
odate this development. He pointed out that the
problem would have to be eliminated before a
building permit could be issued. It was deter-
mined that the inadequate sewer system would be
a factor for either commercial or apartment
development. Upon Kitto ' s question, Wickstrom
determined that in an area to the north , the
building permit was denied until the developer
rebuilt and enlarged the sewer lines , and that
this could also be done in this instance. B.
JOHNSON MOVED to close the hearing, Carey seconded.
Motion carried. MASTERS MOVED to uphold the
Planning Commission' s decision to deny the permit.
B. Johnson seconded. Masters noted that the sewer
and drainage problem along with the traffic con-
gestion in the area would all have to be resolved.
McCaughan expressed concern over the traffic pro-
blem and Carey noted that the permit could be
issued and the sewer problem resolved before the
building permit is issued. Motion carried with
Just, Carey and Kitto voting against it.
APPEAL Alta Bonita Conditional Use Permit. Manual Sanga-
lang and Rupert Arguelles have filed an appeal re-
garding the Planning Commission ' s action of January
23, 1979 , in denying a Conditional Use Permit for
- 4 -
February 20 , 1979
APPEAL a 45-unit apartment complex in a CC zone. The
property is 2 . 49 acres located east of 102,nd
Avenue S.E. and 375 ' north of S.E. 239th. At
(Alta Bonita) its February 5 , 1979 meeting, the City Council
set a public hearing for tonight to consider
this appeal. Mayor Hogan opened the public
hearing. Sangalang and Arguelles noted that
next summer 104th Avenue S.E. will be a 5-lane
road. Wickstrom clarified that 104th would be
widened up to S.E. 235th with a left turn
pocket. The applicants noted that they could
complete 102nd Avenue to S .E. 239th and then
access and ingress could also be made through
S.E. 239th to 104th Avenue. Mirk noted that
239th meets 104th next to the 7-11 store.
Harris explained that the Planning Commission
denied the permit because of the traffic con-
gestion. He pointed out that it is proposed
that ingress and egress be from S.E. 236th to
104th, noting that although 236th is a half
street, that Mr. Sangalang owns the property
to the north and therefore controls both sides
of the street.
Harris noted for Masters that surface water
drains into Garrison Creek, and that if more
development takes place in this area it puts
a strain on Garrison Creek. He noted that the
storm drainage ordinance should assist in con-
trolling drainage. Upon Masters ' question, Mr.
Arguelles stated that development would start
during the summer and be finished next spring.
Wickstrom noted for Mayor Hogan that the sewer
service is adequate. McCaughan stated that when
some property was rezoned last year in this area,
the people below had some complaint about storm
water run off. Wickstrom stated that the appli-
cant would have to develop a storm water plan
before a building permit would be issued.
McCAUGHAN MOVED that the hearing be closed,
Carey seconded. Motion carried. McCAUGHAN
MOVED that the action of the Planning Commission
in denying the permit be upheld, Kitto seconded.
Motion carried, with B. Johnson voting no.
_ 5 _
February 20 , 1979
REZONE Canamera Associates. On .January 23 , 1979 , the
Planning Commission held a public hearing on an
application filed by Canamera Associates for a
rezone from GC, General Commerical to MR-H, High
Density Multi-Family Residential Zoning. The
subject property contains 1. 35 acres , and is
occupied by a single family dwelling addressed
23850 - 30th Avenue S. and the Planning Commission
recommends the rezone be approved. Mayor Hogan
opened the public hearing. There were no comments
from the audience and no correspondence has been
received. Don Wickstrom noted for Masters that
storm drainage would go easterly to the back of
the property, and that there is no storm drain
system in the area. CAREY MOVED that the hear-
ing be closed, Just seconded. Motion carried.
CAREY MOVED that this application for a change
of zone be approved and for the City Attorney to
draft the proper ordinance, McCaughan seconded.
Motion carried.
Victor A. Meyers. On January 23 , 1979 , the
Planning Commission held a public hearing on
an application filed by Victor A. Meyers for
a rezone from RA, Residential Agricultural , to
N[R-M, Medium Density Multi-Family Residential
Zoning. The subject property contains 1.7 acres ,
and is located at 5621 Kent-Des Moines ;toad.
The Planning Commission recommends that this
rezone application be denied based on the traffic
problem that exists on West Meeker Street.
The Mayor opened the public hearing. Dick Chapin ,
attorney representing Mr. Meyers, noted that the
sole reason for denial was traffic and he read a
letter from the DOT stating that funds are now
available for the SR516 project. The Mayor
noted that although the funds are allocated,
there were other problems which might delay the
project. JUST MOVED that the letter be made a
part of the record, Carey seconded. Motion
carried. Chapin asked that the property be
rezoned with a condition that no building permits
be issued until the SR516 project is underway and
subject to two staff recommendations for additional
right of way and controls on ingress and egress.
6 -
February 20 , 1979
REZONE Upon Carey' s question, Mirk noted that the
Okimoto rezone had not been subject to SR5t16
completion. Masters noted that she feels this
should be approved subject to the traffic
problem being resolved and that app oval, wo
be consistent with the Okimoto . o . 4,;�
(Victor A. were no further comments and B. JOHNSON MOIJO
Meyers-) that the hearing be closed, Car �`"
Motion carried. McCAUGHAN MOVED that this
application for a change of zone be denied in
accordance with the Planning Commission recom-
mendation, Just seconded. Motion carried with
Casey and Masters voting against.
A letter was read from Ronald Kjerland regard-
ing his application for a rezone from HC, Highway
Commercial to GC, General Commercial o: property
located at 1015 N. Central Avenue. Mr. Kjerland
(Kjerland) asks that his property be separated from the
other applicant' s and processed for rezone.
The public hearing on this matter was held on
September 18 , 1978. JUST MOVED that the letter
be accepted and referred to the workshop, B.
Johnson seconded. Motion carried.
DiPietro. In accordance with action taken at
the last Council meeting, the City Attorney
introduced Ordinance No. 2142 rezoning the
DiPietro property from MA to M-1. KITTO MOVED
that Ordinance No. 2142 be adopted, B. Johnson
(DiPietro) seconded. Masters questioned who had suggested
that DiPietro request M-1 zoning. Kitto with-
drew the motion, B. Johnson withdrew the second.
Harris stated that they left it up to ivir. DiPietro ,
but was not sure why he had requested this parti-
cular zoning. He confirmed that the subject had
been discussed with the applicant several times ,
including the fact that M-1 zoning would result
in problems . Upon Carey' s question regarding
DPietro ' s business license, Cushing noted that
he had been contacted and advised that such a
license was required. McCaughan noted that
under M-1 zoning, DiPietro could not expand his
existing operation, but he could sell the pro-
perty to be used for anything permitted under
- 7 -
February 20 , 1979
REZONE M-1 zoning. JUST MOVED that Ordinance No.
2142 be adopted, Carey seconded. Motion
failed with McCaughan , J. Johnson, Kitto,
(DiP}etro) B. Johnson and Masters voting no. Upon
Mirk' s question , B. Johnson stated that she
had concluded that this rezone to m-1 would
CORRECTED • REFER TO
MINUTES OF .,.�:.�� not help the applicant to accomplish what
he had set out to do , and she had therefore
changed her position and had now voted
against passage of the ordinance.
ZONING Ryan No. 2 Annexation. The Planning Commission
held a public hearing on January 23, 1979 to
consider zoning for this proposed annexation
and recommends R1-9 . 6 zoning (Single Family
Residential with minimum lot sizes of 9600
sq. ft. ) for this 5-acre tract located on the
west side of 94..h Avenue S. about 300 ' north
of James Street. The first of two public
hearings was opened by Mayor Hogan. Dave
Hamlin , representing the developer , noted
that a plat was planned for the site and that
the developer was seeking R-1 7. 2 zoning,
which would allow 7200 sq. ft. lots . He
showed slides of the area, including .xn adja-
cent plat which had been developed under R-1
7. 2 zoning. Upon questions from Paul Lorenz
and Larry Clements , Hamlin noted that access
to the site would be from James Street and
that a sewer line existed on Hilltop Avenue.
Clements stated that there was a drainage pro-
blem in -the area and suggested that access
should be from 94th Avenue. Hamlin noted
that the developer' s engineer would meet the
city' s requirements regarding drainage. He
pointed out that most of the lots proposed
for the development would be 8900 sq. ft. The
hearing was closed by motion. In accordance
with the provisions of the zoning code. B.
JOHNSON MOVED for a second public hearing on
the zoning for this proposed annexation to be
held on April 2 , 1979 . Just seconded. Motion
carried.
8 -
February 20, 1979
WATER East Hill Well Budget. The Public Works Depart-
ment requests (1) authorization to establish a
construction fund for the proposed East Hill
well, and (2) the transfer of $10 ,000 from water
revenue unexpended balance to the construction
fund. The budget is for testing of existing
wells , preliminary land acquisition costs and
outside engineering services. CAREY MOVED that
the request be granted, McCaughan seconded.
Motion carried.
UTILITIES A letter was read from George and Chun Mae
Auckland, reporting an underground leak at their
business located at 8211 S. 259th and asking for
some relief from the large sewer and water bill
resulting from the leak. MASTERS MOVED that
the letter be accepted and referred to the com-
mittee of the whole, B. Johnson seconded. Motion
carried.
HEALTH & LID 293 - 84th Avenue Utility Improvements. The
SANITATION City Attorney introduced Resolution 861 , a resol-
ution of intent to create an LID for water and
sewer improvements on 84th Avenue S. from S. 212th
Street to S. 192nd Street and setting a public
hearing on the preliminary assessment roll for
March 19 , 1979 . McCAUGHAN MOVED that Resolution
No. 861 be adopted, Just seconded. Motion carried.
LID 285/West Hill Island Sanitary Sewer Phase I
(S. 242nd and 41st Ave . S. ) . The Public Works
Committee has reviewed the proposed sanitary
sewer LID and the events leading thereto and
recommends passage of Resolution No. 859 , a re-
solution of intent to form LID 285 and setting
the public hearing date on the Preliminary
Assessment Roll. for April 2 , 1979 . The City
Attorney introduced the resolution. CAREY MOVED
to adopt Resolution 859 , Masters seconded.
Motion carried. Marguerite Frazier filed a
letter objecting to the project. It was pointed
out to Mrs. Frazier that the public hearing on
the proposed LID would be held on April 2nd.
MASTERS MOVED that the letter be made a part of
the record, McCaughan seconded. Motion carried.
9 -
February 20 , 1979
HEALTH & K-Mart Sewers
SANITATION LID 2 Final Assessment Roll . City Attorney
82
Mirk introduced Ordinance No. 2141 adopting
the final assessment roll for LID 282 . CAREY
MOVED to adopt Ordinance No. 2141, Just seconded.
Motion carried.
AN Rowley No. 2 . The Council reviewed the pro-
posed annexation with representatives of the
area at the last work session. KITTO MOVED
that the proposed annexation is acceptable,
that assumption of the existing indebtedness_
is required, and that authorization is granted
for the circulation of an annexation petition,
McCaughan seconded. Motion carried.
PUBLIC WORKS Kitto rioted that there would be no Public Works
COMMITTEE Committee meeting on y^Iednesday, February 21 ,
and that the next meeting would be on Wednesday,
February 28 .
TRAFFIC S.E. 240th Between Benson and Post Office.
CONTROL Masters noted that the next meeting of the Public
Safety Committee would be on March 14th so that
Fire Chief Foster could be present. She noted
that the committee had discussed prohibiting
left turns on S.E. 240th between the Benson
Highway and the Post Office and asked that
the Council support the committee ' s recommend-
ation to have signs and striping placed in this
area. Mirk and Ulett objected to these measures
for controlling traffic in that particular area.
MASTERS MOVED for the matter to go back to the
committee of the whole for discussion at the
next workshop on February 26 , and for the
Traffic Engineer to be present. B. Johnson
seconded. Motion carried.
PRELIMINARY Westform Addition Preliminary Plat. On January
PLAT 23, 1979 , the Planning Commission held a public
hearing on the Westform Addition Preliminary
Plat a 31-acre, 9-lot industrial subdivision
lying north of S. 212th Street, between West
Valley Highway and proposed 72nd Avenue S. The
Planning Commission recommends approval with
conditions. The Council will consider the
10 -
February 20 , 1979
PRELIMINARY Planning Commission' s recommendation at a
PLAT public meeting. If the Council wishes a
change to the Planning Commission ' s recom-
mendation, a public hearing must be held.
KITTO MOVED that the Council set a public
meeting date for March 5 , 1979 , to consider
adoption or rejection of the Planning Com-
mission ' s recommendation on the Westform
Addition Preliminary Plat, B. Johnson
seconded. Motion carried. . If a hearing
is indicated, it will be held on March 19 ,
1979 .
STREETS LID 288 - 84th Avenue Street Improvements .
The City Attorney introduced Resolution No.
860 , a resolution of intent to create a street
improverment LID for 84th Avenue S. from S.
212th Street to S. 192nd Street and setting
a public hearing on the preliminary assessment
roll for March 1.9 , 1979 . JUST MOVED that
Resolution No. 860 be adopted, McCaughan
seconded. Motion carried.
1978 Asphalt Overlays, Schedule II . Associated
Sand & Gravel Company has completed the 1978
Asphalt Overlays , Schedule II. Upon the re-
commendation of the Engineering Department,
KITTO MOVED that Associated Sand & Gravel
Company contract for the 1978 Asphalt Overlays,
Schedule II , be accepted as complete and that
after receipt of the necessary releases from
the State, the retainage be released, McCaughan
seconded. Motion carried.
CLAIM James W. and Helen A. Aberle. A claim has been
filed against the Ctiy by James W. and Helen A.
Aberle in the amount of $1 , 699 . 70 for alleged
damage to their basement by flooding. McCAUGHAN
MOVED to approve the City Attorney' s recommenda-
tion to deny the claim and to refer it to the
insurance carrier. Carey seconded. Motion
carried.
METRO Carey noted that he had received a letter from
Metro advising that a meeting on reconstructing
CORRECTED • REFER TO the Metro Council would be held Wednesday , Febru-
ary 28th at 7 : 30 .
If,_,,1UTES 4F .--3-1- 747
- 11 -
February 20 , 1979
VALLEY The City Attorney introduced Resolution No. 862
FESTIVAL expressing Citv approval of the Kent Valley'
Festival to be sponsored by St. Anthony ' s
Catholic Church June 8, 9 , and 10 , 1979 . KITTO
MOVED that Resolution No. 862 be adopted, B.
Johnson seconded. Motion carried.
BIDS Kent Senior Center Alterations. Seven bids were
received February 14 , 1979 for the Kent Senior
Center renovation project:
Coleman/Gilchrist Bldg. Co. $20 , 573. 00 + tax
D.M. S. General Contractors 24 ,082 . 00 + tax
Downing-Glenham Const. , Inc. 19 , 876. 00 + tax
Thomas Haight Contractor 20 ,979 . 00 + tax
David E. Harris Const. , Inc. 22 ,660 . 00 + tax
C. E. Skinner, Inc. 23 ,602 . 00 + tax
T. W. Vance Company 33 ,066 . 00 + tax
The architect ' s estimate was $20 ,000 plus tax.
Title V of the Older Americans Act will provide
$16 , 260 for this project, which includes remodel-
ing of the restrooms and front porch area to
meet the handicap codes. KITTO MOVED that the
best bid of Downing-Glenham in the amount of
$19 , 876 . 00 plus tax be accepted, B. Johnson
seconded. Motion carried.
KENT Kent Commons Phase II , Change Orders No. 4 and
COMMONS No. 5. As reported at the last City Council
meeting, the Parks Department recommends approval
of two change orders for Kent Commons Phase II .
Change Order No. 4 : 1) Excavate and fill to provide
structural mat under footings
where and as directed by the
soils engineer. . . . . $5 , 869 . 00
2) Bush hammer bulged
foundation walls . . . 447. 81
$6 , 316. 81
Y
12 -
February 20 , 1979
KENT Change Order No. 5: 1) Delete Pro Gym carpet from
CQMMONS room 170 (gymnastics room)
and add wood strip flooring
to Room 170 . . . . . . . $7 , 675. 00
KITTO MOVED that Change Order No. 4 in the amount
of $6 , 316. 81 and Change Order No. 5 in the amount
of $7 , 675. 00 be approved and added to the W. G.
Clark contract. B . Johnson asked that an investi-
gation be made to see if any of these costs could.
be recovered. Upon Just' s question , Wilson noted
that there was $27 ,000 in the contingency fund and
the $100 , 000 budgeted for alternates . It was
determined for Masters that the architect fees
would be added to these figures. She asked that
future change orders include the fact that the
architects fees would be added. Motion carried.
FINANCE B. JOHNSON MOVED that the bills received through
February 15 , 1979 , and approved by the Finance
Committee at its meeting at 3 : 00 P.M. on February
28 , 1979 , be paid, Just seconded. Motion carried.
Claims approved by the Finance Committee at its
meeting of February 15, 1979 are as follows :
Current Expense $ 79 , 745. 21
Parks & Recreation 22 , 673. 70
Library 289 . 85
City Streets 13 ,950 . 55
Kent Commons Oprtg 526 .71
Fed Shared Revenue 1 , 349 . 05
Mil/Kent-D/M Int 77. 96
Knt Comm-Ph II Con 203 , 177. 19
UAB 13-84 Av Sou Con 12 ,923. 92
104 Ave - 236 to 252 2 , 400 . 00
1978 Wtr Rev Const 16 , 868 . 95
K-S Clor Equip 343. 07
Equipment Rental 7 , 311. 62
Housing & Comm Dev 20 , 402 . 66
Arts Commission 789 . 35
Fireman ' s Rel & Pen 33. 45
LEFF Disability 1 , 302 . 15
Sewer 2 , 623. 99
Water 25 , 263. 30
$412 ,052 . 68
MEETING ADJOURNED: 11 : 35 o' clock p.m.
Respectfully submitted,
C \
�. Marie Jensen, CMC
13 - City Clerk