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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 11/16/1996 Kent, Washington November 26, 1996 A Special meeting of the Kent City Council (rescheduled after cancellation of the November 19th meeting due to weather conditions) was called to order at 7 : 00 p.m. by Mayor White. Present: Councilmembers Bennett, Epperly, Houser, Johnson, Orr and Woods, Operations Director/Chief of Staff McFall, Assistant City Attorney Brubaker, Police Chief Crawford, Fire Chief Angelo, Planning Director Harris, Parks Director Hodgson, Finance Director Miller, and Human Resources Director Viseth. Councilmember Clark was not present. Approximately 25 people were at the meeting. PUBLIC Introduction of Kayor's Aouointees. Mayor White COMMUNICATIONS introduced his appointees Paul Hammerschmidt to the Transit Advisory Board, Mary Jene Heineman to the Library Board, and Rev. Ray Morrison to the Human Services Commission. Education Day. Mayor White read a proclamation declaring November 21, 1996, as Education Day in the City of Kent. He noted that a quality public education system is vitally important to the well-being of a city--to its quality of life, its economic vitality, the safety and security of its neighborhoods, and the future of its children. He encouraged citizens to recognize and appre- ciate the importance of a quality public education system and to continue to make every effort to support the public schools. Ms. Gwen Dupree, Assistant Superintendent for Secondary Education, was present to accept the proclama- tion. She noted that the School Board and Superintendent Hager applaud the City for its support because without it the schools wouldn't be as good as they are currently. Regional Justice Center URdate. Mayor White explained that the staff from the King County Regional Justice Center couldn't be present tonight to give their update. He then dis- tributed the monthly updates to the Council. Task Force Report on School Impact Fees. Mayor White introduced Tom Wood, Rodger Anderson, and Gary Young, who served as members on the Task Force studying school impact fees and their effect on housing costs. Wood noted that Kathy Larson from Puget Power, who chaired the Task Force, was unable to attend tonight's meeting. He then distributed to the Council the Task Force Report dated October, 1996. 1 November 26, 1996 PUBLIC Tom Wood, from the Kent Chamber of Commerce, COMMUNICATIONS explained that the Task Force Committee met throughout the summer and arrived at the con- clusion that school impact fees are a factor in increasing housing costs. He noted that a consensus was obtained from a diverse group of people who feel, as the Task Force, that school impact fees should be eliminated or significantly reduced through reduction of school construction costs and/or implementation of alternative funding sources. He noted, however, that the Task Force feels more strongly that school funding levels must be maintained until reduc- tions in cost and/or alternative funding sources can be found. He further noted that the Task Force Report identifies different ways for reducing school construction costs and in making housing more affordable. Rodger Anderson, from the Seattle-King County Association of Realtors, explained the Task Force recommendations to the Council. He reiterated that the Task Force's general recommendation is to eliminate or significantly reduce school w. impact fees through a reduction in school construction costs and/or implementation of alternative funding sources. He noted that recommendations have been forwarded on to the State Legislature and to the City of Kent. Anderson explained that the five important recommendations which were forwarded on to the State Legislature are as follows: 1) School codes and inspections should be standardized; 2) The control of school construction should be shifted to local school boards for more flexi- bility; 3) The State Board of Education should be encouraged to allow flexibility in student funding ratios to allow partnering between school districts and other entities, such as the City and the County, when building facilities; 4) Exempt school districts from paying sales tax on capital construction; 5) Redistribute state funds collected for school construction so that cities which educate proportionately more students, i.e. Kent, receive their fair share. Anderson noted that the Task Force also urged the City to: 1) develop a process to collect impact fees upon completion of construction before 2 November 26, 1996 PUBLIC allowing occupancy; 2) modify its parking re- COMMUNICATIONS quirements for schools based on use, with a recent example from the Neely-O'Brien Elementary School which is included in the report submitted by the Task Force to the Council; and 3) modify code requirements for schools to reduce costs. Anderson explained that there are no easy answers to the school impact issue but that, in order for all this to happen, the Chamber of Commerce needs to take the lead in reaching out and partnering with other groups. He noted that the following are the Task Force' s action recommendations to the State Legislature and to the City: 1) partner with other groups, e.g. cities, education associations, chambers, etc. , when working on the issues identified in the Task Force's report; 2) conduct a legislative brief- ing for the State delegation regarding these issues; 3) a new task force will be given the charge to explore alternative funding sources to reduce impact fees on new construction and con- sider exemptions from the fees. The new task force would also consider the recommendations of the current Task Force. He urged the City Council to seriously consider the Task Force's recommendations and that the City can be assured the Chamber of Commerce will be working very closely with the City to make these things happen. He thanked Barbara Ivanov, Chamber of Commerce, and Kathy Larson, Puget Power, for putting the recommendations together. Gary Young, from Polygon Northwest, noted that the school impact fee issue was a very difficult one to deal with but that there were many posi- tive things which came to bear and are reflected in the Task Force report. He noted that the most significant step is the action and implementa- tion, and that a copy of the report has been forwarded to Gary Locke because the State issues are a critical part of the solution to this issue. He expressed that the Task Force recom- mendation, when addressed on a State level, will probably bring some very positive things because a healthy housing economy and a housing situation is very much needed with impact fees causing a real problem. He encouraged and asked for the Council's support to the State Legislators so that this report can be carried forward with 3 November 26, 1996 PUBLIC implementation and hopefully positive results for COMMUNICATIONS everyone. Mayor White thanked everyone involved in bringing this report to the City and for participating in the process. He directed Mr. Harris and staff to take a look at these recommendations, come back to Council to see how the City can work through these recommendations and possibly alleviate some of the regulations. Syecial Presentation. Mayor White noted that Mr. McFall has been honored by the Executive Board of the International City/County Management Association for twenty years of service in local government. He noted that J. Brent McFall is recognized for significant contributions and achievements in the advancement of local govern- ment administration. The Mayor then presented Mr. McFall with the certificate and congratulated him for this accomplishment. CONSENT HOUSER MOVED that Consent Calendar Items A CALENDAR through R be approved. Woods seconded and the motion carried. MINUTES (CONSENT CALENDAR - ITEM 3A) Approval of Minutes. APPROVAL of the minutes of the regular Council meeting of November 5, 1996. LEASE (CONSENT CALENDAR - ITEM 3F) POLICY Centennial Center Lease Policy. ADOPTION of Resolution No. 1486 setting out policy regarding authority to enter into leases with tenants at the Centennial Center. BUDGET (PUBLIC HEARINGS - ITEM 2A) 1997 Budget. The public hearing on the 1997 Budget has been continued to this date. The 1997 Budget totals approximately $91,233,825 and the Budget is in balance with no rate increase. Finance Director Miller explained that the budget process includes an open process, and that three public hearings have been held (including tonight' s meeting) , two Council workshops, and meetings with the Operations Committee. She noted that the Operations Committee met on November 13th to review the budget and that they unanimously recommended the budget be forwarded to the full Council for adoption tonight. 4 November 26, 1996 BUDGET Miller noted that the budget is a hold-the-line one with no rate increases except the drainage rate increase which was approved in 1995, and that this is the second year of a three year rate increase for drainage. She also explained that the budget was out-of-balance in the general fund by $1, 000, 000 this year due to the manufactur- ing sales tax exemption, but that a plan was developed which would defer some of the capital and put an optional budget in place so that if the sales tax loss doesn't come to what was projected the City would have some capital. Miller noted that the budget includes money to increase the City' s reserve account adding another $603, 000. 00 to bring it up to an all time high of $3 . 1 million. She explained that an effort was made to keep down the on-going costs, hold the line, keep the staffing level very tight, and add to the capital costs for computers and other automation things to aid the staff in being as efficient as possible. She noted that the budget plans for a Councilmanic Bond Issue in late Spring or early Summer for a telephone upgrade and some computers but that it will be coming back to the Council at a later date with the amounts and request for approval. Miller explained that the City hasn't received any new information on the tax levy which is up for adoption by the Council tonight, but that the Council just needs to adopt a dollar amount for now and if there are any changes it can be brought to the next Operations Committee meeting or adjusted in December with an emergency adjustment. Mayor White opened the public hearing. There were no comments from the audience. HOUSER MOVED to close the public hearing. Orr seconded and the motion carried. JOHNSON MOVED to adopt Ordinance No. 3322 adopting the final 1997 Budget. Woods seconded and the motion carried. TAX LEVY (CONSENT CALENDAR - ITEM 3G) 1997 Tax Lew. ADOPTION of Ordinance No. 3323 establishing the tax levy for 1997. At their November 6, 1996 meeting, the Operations 5 November 26, 1996 TAX LEVY Committee recommended adoption of the ordinance establishing the tax levy for 1997 in the amount of $14, 489, 025 for the general fund and $1, 850, 707 for the debt service fund. FINANCE (CONSENT CALENDAR - ITEM 3B) Approval of Bills. APPROVAL of payment of the bills received through October 31 and paid on October 31, 1996, after auditing by the Operations Committee on November 6, 1996. Approval of checks issued for vouchers: Date Check Numbers Amount 10/31/96 175609-176255 $2 ,274,598.05 Approval of checks issued for payroll for October 1 through October 15, 1996 and paid on October 18, 1996: Date Check Numbers Amount 11/5/96 Checks 215392-215708 $ 250,463 .71 11/5/96 Advices 39565-40027 584,444.46 $ 834,908. 17 (CONSENT CALENDAR - ITEM 3E) LID Underwriter Contract and LID 345 Bond Sale. AUTHORIZATION for the Mayor to sign a three-year underwriter contract, with two one-year exten- sions, with Dain Bosworth Inc. , and AUTHORIZATION to proceed with Dain Bosworth Inc. 's sale of approximately $781, 625 in LID bonds for LID 345. PARKING CODE (CONSENT CALENDAR - ITEM 3H) Parking Code Amendment. ADOPTION of Ordinance No. 3324 amending Chapter 9. 38 of the Kent City Code relating to no parking zones, establishing new two-hour and thirty-minute parking zones and further authorizing the City's Facilities Manager to issue parking permits, as recommended by the Public Works Committee. TRAFFIC CONTROL (BIDS - ITEM 5A) SE 274th Way Hiliclimb Section (Green River Road to 108th Avenue SE) Ground Improvements. Bid opening for this project was held on November 14th with 4 bids received. The low bid was submitted by Hayward Baker, Inc. of Santa Paula, California, in the amount of $117, 500. The Engineer's estimate was $120, 000. 6 November 26, 1996 TRAFFIC CONTROL The project consists of ground improvements on approximately 1/2 acre of land by the alternate method of either Alternate I deep dynamic compaction, or Alternate II stone columns, for the preparation of the roadway bridge over the Green River. It is the recommendation of the Public Works Director that the SE 274th Way Hillclimb Section (Green River Road to 108th Ave. SE) Ground Improvements, Alternate II Stone Columns contract be awarded to Hayward Baker, Inc. for the bid amount of $117, 500. HOUSER MOVED that the SE 274th Way Hillclimb Section (Green River Road to 108th Avenue SE) Ground Improvements, Alternate II Stone Columns contract be awarded to Hayward Baker, Inc. for the bid amount of $117, 500. Woods seconded and the motion carried. PUBLIC WORKS (CONSENT CALENDAR - ITEM 3I) Public Improvements Standard Specifications Code Amendment. ADOPTION of Ordinance No. 3325 revising Sections 6. 02.010 and 6.02 . 020 of the Kent City Code to incorporate the latest revision of the Washington State Specifications for Public Works projects, as recommended by the Public Works Committee. (CONSENT CALENDAR - ITEM 3J) Meridian Asphalt Overlays. ACCEPT as complete the Meridian Asphalt Overlay contract with Lakeside Industries and release of retainage after State releases, as recommended by the Public Works Director. The original contract amount was $197,727 . The final construction cost was $179, 087.99. HEALTH & (CONSENT CALENDAR - ITEM 3K) SANITATION Green River Court Apartments. ACCEPTANCE of the bill of sale for the Green River Court Apartments submitted by Green River Court Apartments Limited Partnership for continuous operation and main- tenance of 92 feet of water main improvements, 301 feet of sanitary sewer and 195 feet of storm sewer improvements and release of bonds after the expiration period, as recommended by the Public Works Director. This project is located at 1401 West Meeker Street. 7 November 26, 1996 HEALTH & (CONSENT CALENDAR - ITEM 3L) SANITATION Park Court Apartments. ACCEPTANCE of the bill of sale for the Park Court Apartments submitted by Park Court Apartments Limited Partnership for continuous operation and maintenance of 192 feet of water main and 155 feet of storm sewer improvements and release of bonds after the expiration period, as recommended by the Public Works Director. This project is located at 24510 64th Avenue South. WATER (CONSENT CALENDAR - ITEM 3M) 98th Avenue Treatment Pond. ACCEPT as complete the 98th Avenue Regional Treatment/Detention Pond contract with Scoccolo Construction and release of retainage after State releases, as recommended by the Public Works Director. The original contract amount was $1,487,750. 27. The final construction cost was $1, 502 , 435. 29. WALKWAYS (CONSENT CALENDAR - ITEM 3N) Saar Street Vacation Fund STV-96-4. AUTHORIZATION for staff to receipt funds from the Saar St. Street Vacation into the School Pedestrian Walkway Fund (R36) to address school pedestrian facilities issues, as recommended by the Public Works Committee. HUMAN SERVICES (OTHER BUSINESS - ITEM 4A) Human services Mitigation consultant Contract. On October 1, 1996, the City Council authorized establishment of a budget of $200, 000 for RJC Human Services mitigation and approved expending these funds, which were received from King County. Staff sent out a Request for Proposal to study the human services impacts of the Regional Justice Center. Staff has interviewed and selected a consultant, All For A Good Cause, to do this phase of the project in the amount of $74, 380. Orr explained that the Planning Committee meeting scheduled for last week to discuss this issue was cancelled due to weather, and that the Committee did not meet today so the item is coming to Council without a recommendation from the Planning Committee. Lin Houston, Housing and Human Services Manager, explained that in March, 1995, the City of Kent 8 November 26, 1996 HUMAN SERVICES and King County entered into a mitigation agree- ment to mitigate impacts of the Regional Justice Center (RJC) , and that Appendix C of that agree- ment pertained to the human services impact mitigation. She noted that the proposed con- sultant contract will study the impacts of the RJC on the non-profit human services delivery system, and will develop a methodology and data collection system for the agencies to measure the impact. She also noted that the study will enable the agencies to ask for compensation for services from funds that King County has set aside out of their inmate benefit fund to help mitigate the impacts shown which pertain to the RJC. She explained that Phase I will begin in early December with the conducting of an analysis, developing a methodology, and then will conclude in April; Phase II will be set up at the end of year one and year three to do a further analysis of the impacts and to identify any gaps in services to assess how the non-profit human services delivery system is serving the recipients of the RJC whether it be the inmates, staff, families, or any one that may have a relationship to the RJC. She reiterated that King County has provided money to the City for studying the impacts and that this money will be used for the consultant study. Ms. Houston agreed that the Planning Committee did not have an opportunity to vote on this issue last week, but that it was included in their agenda packet in October as an information only item, and that the Committee is aware of and has had a chance to review the proposed study. ORR MOVED that the Mayor be authorized to sign a contract with All For A Good Cause consultants in the amount of $74 , 380. 00. Houser seconded. Johnson stated that he will not be supporting the motion because $74 , 000 to conduct a study on what the potential impacts will be is excessive given the scope of work. He explained that the study will not give the City nor the providers the information needed to assess what the true impacts will be, and that the information will not be available until the RJC is up and running for a period of time. He expressed that he believes when the City entered into an agreement with King County and King County agreed to help 9 November 26, 1996 HUMAN SERVICES pay for mitigation regarding human services impacts that it was going to be specific dollars used to help off-set some of the additional costs the various providers would incur with the opening of the RJC. Orr noted that the proposal will begin very shortly but it continues through April, 2000; and even though it begins with some very preliminary identifying information and services needed, it continues on after the impacts develop so the City and agencies can see exactly what the impacts are and what agencies will be most impacted. She expressed that beginning ahead of time would be best because it would be very difficult to wait a full year to pass and then try to go back to pick up the pieces of those things that may or may not have happened. Woods informed the Council that the impact upon the non-profit providers of human services was one of the most contentious issues in the entire RJC process. She noted that King County didn't believe there would be any impact and that the service agencies were absolutely distraught with the prospect that online would come this enormous facility with the providing of a variety of much needed services and not consider what the impacts would be over time. She noted that the amount of money that King County has committed to do the study and provide some degree of support for the non-profit agencies is to some extent a token gesture. She noted that this was a horrendous issue and that there will be an analyzing at the end of one and three years in order to determine if there is a way to measure what kind of impact there will be, short term and long term. She urged the Council to proceed and vote in favor of this motion because without the study and with the reduction in Federal spending on human service provisions the City could be in deeper distress than could ever be imagined. Johnson again noted that it's important to remember that there is no way of knowing what the impacts are going to be and that there is no way to measure them at this point in time. He stated that it would reduce the cost of the study to wait until the impacts are known after the RJC is opened. He also noted that it would be hard to 10 November 26, 1996 HUMAN SERVICES find and use data from other regional justice centers because there aren't any that he's aware of that have located in a suburban community, and that it would be hard to find a regional justice center across the country that has recently opened with the same exact or close defined circumstances which have occurred in this community. Orr reiterated that she firmly believes to be proactive is much better than to be reactive after a problem has occurred or an impact has happened. She noted that it is very important to begin the study now in order to obtain some idea of what agencies will be affected and how to help them in the best way possible, but to wait for the opening of the RJC and suddenly have tremen- dous impacts would create great trouble for the City. Houston stressed the necessity to start the study now and the importance of having a system already set up when the RJC opens so the agencies can begin to measure the impacts immediately. She noted that the consultant will work very closely with the agencies, will identify the agencies, the geographical boundaries of where the impacts will actually extend, and make sure that no agencies are missed that will have impacts. She explained that all agencies will be on the same sheet, collecting information in the same way, and that the system is set up so that it can be accurately identified. She noted that the study will lay the ground work for the information to be gathered, it will set the framework, and the consultants will be giving the agencies training to make sure that they are all online and have the same information on their intake forms so they are prepared to deal with clients on a daily basis. She noted that to wait to obtain needed information could cause such problems as getting all kinds of different information measured in different ways, it would be unclear, and unable to be used in a useful way to help analyze the impacts. She clarified that King County and the mitigation agreement had two pots of money to, first, help establish a framework and do the study; and, secondly, to reimburse the agencies for the impacts. 11 November 26, 1996 HUMAN SERVICES Bennett stated that it would make more sense to take the $75, 000 at the time that the impacts are in effect and use it toward the impacts rather than to study the impacts before knowing what they would be. Upon a roll call vote on Orr's motion that the Mayor be authorized to sign a contract with All For A Good Cause, Houser, Orr, and Woods voted aye; Bennett, Epperly, and Johnson voted nay. The tie was broken when the Mayor voted in favor, and the motion carried. ZONING CODE (OTHER BUSINESS - ITEM 4B) AMENDMENT single Family Residential Zoning District Regulations ZCA-96-6. The proposed Zoning Code amendment was recommended by the Land Use and Planning Board to revise the current single family residential development standards. Fred Satterstrom, Planning Manager, noted that this is a housekeeping item. He explained that the City Council has made a couple of changes in the past year to the single-family development standards, and that the changes were made to make it easier to develop single-family homes in response to the plan that was passed in April, 1995 which called for more flexible development in single-family areas so that Kent' s future development could be single-family. He noted that Ordinance No. 3268 was adopted last year to modify some of the development standards for single-family such as reducing the lot size, etc, and that Ordinance No. 3290 was passed in April, 1996 which changed the names of the zoning districts and also specified a maximum permitted density. He stated that somewhere in the round- ing off process of 3 units per acre, converting the previous zoning to the new zoning, the maximum permitted density adversely affected smaller lots from subdividing and having the same development rights that they had prior to the zoning changes. He noted that the Plan calls for trying to infill in those situations and that the Planning Board made a recommendation the maximum permitted density be adjusted very slightly. He explained that the maximum permitted density in the SR-2 zone is simply 2 units to the acre but that the Land Use and Planning Board is proposing to carry it out two more digits past the decimal point to 2 . 18 . He noted that it gets to be a 12 November 26, 1996 ZONE CODE fine science calculating smaller lots and trying AMENDMENT to create one additional lot. Satterstrom explained that this change will probably not affect the rules for major developments because getting the maximum permitted density is a problem anyway, but the ordinance really comes in to play where the person is adversely affected. He clarified that this action will restore development rights which were previously enjoyed. ORR MOVED to approve the Kent Zoning Code Amendment (ZCA-96-6) to revise the current single family residential development standards as recommended by the Land Use and Planning Board, and to direct the City Attorney to prepare the necessary ordinance. Epperly seconded and the motion carried. PLATS (CONSENT CALENDAR - ITEM 30) Canyon Crest Estates Final Plat FSU-96-6. Set December 10, 1996, as the date for a public meeting to consider a final plat application by Leroy Surveyors and Engineers. The preliminary subdivision was approved by King County and upon the Jones Hobbs annexation the final plat came under Kent' s jurisdiction. This plat is 9 . 44 acres in size, consists of 19 lots, and is located at 9612 S. 222nd Street. PARKS & (CONSENT CALENDAR - ITEM 3C) RECREATION Salt Air Hills Vista Park Master Plan. APPROVAL and ADOPTION of the master plan for Salt Air Hills Vista Park, as presented by Colie Hough of Hough, Beck & Baird Landscape Architects, and as approved at the Parks Committee meeting on November 5, 1996. Several years ago the City purchased two acres from a King County Conservation Futures Grant to develop the Salt Air Hills site. Colie Hough- Beck of Hough, Beck & Baird was hired to develop a master plan of the park. Prior to master planning, a citizen advisory committee met twice and a public meeting was held to collect a list of the needs and wants of the community. A group of 30-35 neighbors participated. (CONSENT CALENDAR - ITEM 3D) 1997 City Art Plan Budget and 1997-2001 Five Year Art Plan. APPROVAL and ADOPTION of the annual budget for all City Art Program projects and the 13 November 26, 1996 PARKS & Five-Year Art Plan, as approved at the Parks RECREATION Committee meeting on November 5, 1996, and in compliance with the general procedures of the City Art Program (Ordinance No. 2552) . APPOINTMENTS (CONSENT CALENDAR - ITEM 3P) Transit Advisory Board. CONFIRMATION of the Mayor' s appointment of Paul Hammerschmidt to serve as a member of the Kent Transit Advisory Board. Mr. Hammerschmidt has been a resident of Kent for almost 10 years and is employed in Seattle. He also serves as an out of district volunteer with the Black Diamond Fire Department. Mr. Hammerschmidt will replace Jason Cooper. His term will become effective immediately and will continue to 4/30/98 . (CONSENT CALENDAR - ITEM 3Q) Library Board. CONFIRMATION of the Mayor's appointment of Mary Jene Heineman to serve as a member of the Kent Library Board. Ms. Heineman is a resident of Kent and is a member of the Friends of the Library. She was a volunteer at the Kent Food Bank for a time and is a frequent user of the Kent Library. Ms. Heineman will replace Karen Jordan, who resigned. Her time will become effective immediately and will continue to 1/1/2000. (CONSENT CALENDAR - ITEM 3R) Human Services Commission. CONFIRMATION of the Mayor' s appointment of Rev. Ray Morrison to serve as a member of the Kent Human Services Commission. Rev. Morrison has served as Pastor at the Church of the Nazarene in Kent for the past two years. Before coming to Kent he served as the Pastor of the Nazarene Church in Olympia for 16 years. In his spare time, he enjoys outdoor activities such as camping and fishing and he and his wife have a small antique business in Kent. Rev. Morrison will replace Mac D. Culver, who resigned. His term will become effective immediately and will continue to 1/1/99. REPORTS Council President. Houser reminded the Council about Suburban Cities on December lath and asked -° the Council to respond to Administration as soon as possible when faxes are sent to them. 14 November 26, 1996 REPORTS Operations Committee. Johnson noted that the next Operations Committee meeting will be held next Wednesday at 4 : 30 p.m. Public Works Committee. Woods noted that the next meeting of the Public Works Committee will be held the 1st full week in January. Planning Committee. Orr noted that the next meeting will be held on December 10th at 4 : 00 p.m. and that any items that were scheduled for the 11/19/96 meeting will be carried over to this meeting. Parks Committee. Woods noted that the next meeting of the Parks Committee will be held on 12/4/96 at 4 : 30 p.m. EXECUTIVE McFall informed the Council that an executive SESSION session had been scheduled for this meeting but that it is unnecessary because there is no action to report tonight. ADJOURNMENT The meeting was adjourned at 7: 50 p.m. Donna Swaw Deputy City Clerk 15