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HomeMy WebLinkAboutCity Council Meeting - Council - Minutes - 05/21/2002 400* K EN T Kent, Washington WA9NIN GTGN May 21, 2002 The regular meeting of the Kent City Council was called to order at 7 : 00 p.m. by Mayor White . Councilmembers present : Clark, Epperly, Orr, Peterson, White, Woods, and Yingling. Others present • Chief Administrative Officer Martin, Deputy City Attorney Fitzpatrick, Deputy Police Chief Miller, Public Works Director Wickstrom, Community Development Director Satterstrom, Finance Director Miller, Parks, Recreation and Community Services Director Hodgson, and Information Technology Director Mulholland. Approximately 128 people were at the meeting . (CFN-198) CHANGES TO THE AGENDA Mayor added appointee Pauline Thomas to on the Kent Civil Service Commission. Kent Station added by Bob O'Brien, Continued Communications Item A. (CFN-198) PUBLIC COMMUNICATIONS Drinking Driver Task Force Design Contest Winner Presentation. Cesi Medina, Public Education Specialist welcomed the winners, parents, teachers, principals and sponsors to the 18th annual poster design contest . She introduced each of the thirteen winners and Mayor White, Councilmember Orr and Deputy Police Chief Miller presented certificates and congratulated each of them. (CFN-122) Western States Seismic Policy Council ' s 2001 Award in Excellence for Outreach to Schools Presentation. Glen Woodbury, Board of Director ' s Member of the Western States Seismic Policy Council , explained that the Board was formed to advise, form policies and do everything they can to reduce earthquake hazards in the western United States and Canada. He noted that Kent is vulnerable to a variety of natural and technological hazards in school facilities, and that personnel and students are not exempt from the effects of these hazards . He pointed out that the Kent School District and the Kent Fire & Life Safety and Emergency Management Office have formed a partnership to train school personnel to prepare for and respond to these hazards . Becky Hanks of the School District said Dr. Grohe submitted the nomination for Kent Fire because she has seen the positive effect that their training has had. 1 Kent City Council Minutes May 21 , 2002 PUBLIC COMMUNICATIONS Mr. Woodbury introduced the following members of the Kent Fire and Life Safety program: Battalion Chief Larry Webb, Kimberly Resor, Larry Rabel , Jason Napier, Michelle Hale, Brian Felczak and Pat Pawlak. Michelle Hale encouraged everyone to take the Community Response Team training which is a free eight-week training program on disaster-survival skills . Mr . Woodbury presented the Western States Seismic Policy Council ' s 2001 Award in Excellence Award and a Certificate of Appreciation in recognition of Kent ' s enthusiasm, commitment and vision in preparing the community for emergencies and disasters by developing the School Emergency Response Team Program to Mayor White . The Mayor thanked the Kent Fire & Safety personnel and said it is good to know that people are trained to help. (CFN-198) Police Department Re-Accreditation Certificate Presentation. Mayor White read a letter to Chief Crawford from the Commission on Accreditation for Law Enforcement Agencies, Inc , congratulating the Police Department on their re-accreditation for the third time . Deputy Chief Miller thanked all members of the department and recognized Lt . Bruce Weissich and Officer Brian Harvey. Lt . Weissich spoke regarding the process the department went through, thanked the Mayor and Council for their support, and gave a special thank you to the other members of the accreditation team, Officer Brian Harvey and Administrative Assistant Sarah Grant . (CFN-122) Introduction of Appointees. Mayor White announced his re-appointment of Mr. Callius Zaratkiewicz, and his appointment of Ms . Pauline Thomas to the Civil Service Commission. (CFN-198) CONSENT CALENDAR CLARK MOVED to approve Consent Calendar Items A through Q, with the exemption of Item 0 Woods seconded and the motion carried. 2 Kent City Council Minutes May 21 , 2002 MINUTES (CONSENT CALENDAR - ITEM 6A) (CFN-198) Approval of Minutes. Approval of the minutes of the regular Council meeting of May 7, 2002 . BILLS OF SALE (CONSENT CALENDAR - ITEM 6K) (CFN-484) Central Commerce Center Phase 2 Bill of Sale. Accept the Bill of Sale for Central Commerce Center Phase 2 submitted by Sound Venture Five, LLC for continuous operation and maintenance of 22 feet of watermain, 368 feet of street improvements and 45 feet of storm sewers, as recommended by the Public Works Director. The bonds will be released after the maintenance period. This project is located at 8302 South 259th Street . (CONSENT CALENDAR - ITEM 6L) (CFN-484) Covington Memorial Street Improvements Bill of Sale. Accept the Bill of Sale for Covington Memorial submitted by Covington Memorial Service for continuous operation and maintenance of 440 feet of street improvements and 312 feet of storm sewers, as recommended by the Public Works Director. The bonds will be released after the maintenance period. This project is located at 27221 156th Ave Southeast FIRE AND LIFE SAFETY (CONSENT CALENDAR - ITEM 6C) (CFN-122) Fire Safe Families Project Grant Award. Accept the grant funds in the amount of $5, 000 and the in-kind grant of 350 smoke detectors (10-year lithium) . The Fire Department applied for and received grant monies from State of Washington Department of Health, Injury Prevention Program. The grant provides Kent Fire & Life Safety with 350 10-year lithium smoke detectors and $5, 000 . Three hundred (300) of the detectors are pro- vided directly to Kent Fire & Life Safety from State of Washington Department of Health. Fifty (50) detectors are provided by a second grant written by the King County Fire & Life Safety Association. The grant also provides that the $5, 000 be used on fire & life safety public education programs within our response area . 3 Kent City Council Minutes May 21 , 2002 FIRE AND LIFE SAFETY The target audience for the 10-year lithium smoke detector installation is low income, older adults living in mobile homes . Kent Fire & Life Safety responded to 175 residential fires in 2001, thirty percent of these residents did not have working smoke detectors . Implementing the 10-year lithium smoke detector program will assist in meeting the goals of increasing the number of working smoke detectors in high-risk residences . SURPLUS EQUIPMENT (BIDS - ITEM SA) (CFN-136) Sale of Two 1986 Pierce Engine/Aid Units. The Fire Department was authorized to surplus and to advertise for bid two (2) 1986 Pierce Engine/Aid Units at the February 19, 2002 Council Meeting . One bid for one of the 1986 Pierce Engine/Aid Units, Apparatus 4713 , VIN #40121, in the amount of $37, 005 was received from Black Diamond Fire Department These funds will be placed into the Apparatus Replacement Fund. No bids were received for the other 1986 Pierce Engine/ Aid Unit, Apparatus #712 , VIN #40115 , The Fire Department was contacted by the State Fire Academy who expressed an interest in purchasing this apparatus . If they do not make an offer to purchase this vehicle, staff recommends that this apparatus be re-advertised for sale by sealed bid in a few months EPPERLY MOVED to accept the sealed bid received from Black Diamond Fire Department in the amount of $37, 005 for the purchase of one (1) 1986 Pierce Engine/Aid Unit (VIN 440121) , and to direct that the funds from this transaction be placed into a Facilities Maintenance Capital account . Woods seconded and the motion carried (BIDS - ITEM 8B) (CFN-136) Sale of 3-1/2" Fire Hose. The Fire Department was authorized to surplus and to advertise for bid the sale of surplus 3-1/2 inch fire hose at the February 19, 2002 Council meeting. One bid for the surplus hose in the amount of $2 , 232 was received from Michael Hammes 4 Kent City Council Minutes May 21, 2002 SURPLUS EQUIPMENT Staff recommends that the bid be awarded to Michael Hammes and that the monies be placed into the Fire Department ' s current year budget to assist with the purchase of new hose. EPPERLY MOVED to accept the sealed bid received from Michael Hammes for the purchase of the surplus fire hose, and to direct that the funds from this transaction be placed into the Fire Department ' s current year budget to assist with the purchase of new hose. Orr seconded and the motion carried. POLICE (CONSENT CALENDAR - ITEM 6D) (CFN-122) Budget Increase for 5pringwood HUD Grant. Authorization for the Police Department to accept an increase in the Springwood HUD grant funding, to decrease the city share of funding, and to make budget amendments . The budget was originally presented and approved during the budget process . The actual grant funding came in slightly higher than expected. The original grant expected was $84 ,452 and the actual award was $86, 985 . This will reduce the city share from $15, 980 to $13 , 447 or $2 , 533 cut . (CONSENT CALENDAR - ITEM 6M) (CFN-122) Criminal Conduct at Public Facilities. Adoption of Ordinance No . 3603 , which relates to criminal conduct at public facilities . This ordinance will permit a police officer who has probable cause to believe a person is committing a crime at a public facility to issue a notice prohibiting that person from entering the public facili- ty. The current city ordinance relating to prohibiting persons from entering public facilities is being substan- tially revised Therefore, the current ordinance is being repealed and replaced by this ordinance . This ordinance also makes it a misdemeanor for a person to intentionally cause substantial disruption to the functioning of a public facility or to use the facility in a manner for which it is not intended and which interferes with the proper use of the facility. Again, the current ordinance is being substantially revised and therefore replaced by this ordinance. 5 Kent City Council Minutes May 21, 2002 POLICE (CONSENT CALENDAR - ITEM 60) (CFN-122) (REMOVED FROM CONSENT CALENDAR) Washington Traffic Safety Commission Grant. Accept the grant from the Washington Traffic Safety Commission in the amount of $5 , 000 and establish budget document, as required. The funds from this grant will be used to fund officer overtime for the seat belt enforcement program entitled, "Click It Or Ticket . " This is an enforcement activity with "zero tolerance" for seat belt violators . The program period will run from May 20th to June 2nd and will include media and public education activities . Councilmember White expressed concern that this places a quota of three seat belt citations per hour and said he feels that is a corruptive influence on the police. Yingling disagreed, noting that the exact language is performance standards for funded personnel are a minimum of three self-initiated contacts per hour funded with a "desired outcome" of three seat belt citations per hour CLARK MOVED to accept the grant from Washington Traffic Safety Commission in the amount of $5, 000 and to establish a budget document, as required. Woods seconded. White said the contract states that the number of citations are a requirement for reimbursement . Upon Wood' s request, Deputy Chief Miller noted that officers do not have mandatory requirements as to the number of citations per hour per shift, and that they will still have that discretion. Peterson opined that it is not requirement that there are three seat belt citations per hour. Yingling clarified that Item Number 4 says officer work- sheets which show three or more self-initiated contacts, not citations, per hour need to be supplied. The motion carried 6-1, with White opposed. 6 Kent City Council Minutes May 21, 2002 PUBLIC WORKS (CONSENT CALENDAR - ITEM 6E) (CFN-171) SE 256th Flume Restoration Project Condemnation. Adoption of Ordinance No. 3601 authorizing eminent domain procedures over certain real property for the SE 256th Flume Restoration Project . The SE 256th Flume Project may require the acquisition of certain property and/or property rights for restoration of the SE 256th Flume. This Ordinance would allow for acquisition of such real property, as depicted in Exhibit "A" of the ordinance, to complete the project should ongoing negotiations fail (CONSENT CALENDAR - ITEM 6F) (CFN-1242) 218th Street/Garrison Creek Water Main Relocation. Accept the South 218th Street/Garrison Creek Water Main Relocation project as complete and release retainage to Elite Construction upon receipt of standard releases from the state and release of any liens, as recommended by the Public Works Committee . The original contract amount was $46, 350 .48 . The final contract amount was $127, 687 . 65 . Adequate funds exist within the project budget to cover this overage (CONSENT CALENDAR - ITEM 6G) (CFN-171) 272nd/277th Wetland Mitigation Improvements. Accept the 272nd/277th Wetland Mitigation Improvements project as complete and release retainage to Scarsella Brothers upon receipt of standard releases from the state and release of any liens, as recommended by the Public Works Committee . The original contract amount was $397, 077 55 . The final contract amount was $433 , 751 . 34 . Adequate funds exist within the project budget to cover this overage . (CONSENT CALENDAR - ITEM 6H) (CFN-171) West Hill Traffic Signal Interconnect. Accept the West Hill Traffic Signal Interconnect project as complete and release retainage to Potelco, Inc . upon receipt of standard releases from the state and release of any liens, as recommended by the Public Works Committee . The original contract amount was $77, 120 00 The final contract amount was $93 , 283 . 00 . Funds within other 7 Kent City Council Minutes May 21, 2002 PUBLIC WORKS projects have been re-shuffled to adequately cover this overage. (CONSENT CALENDAR - ITEM 6I) (CFN-1154) S. 277th/SE 274th Way Corridor Project. Accept the 5 . 277th/S .E. 274th Way Corridor project as complete and release retainage to MKB Contractors upon standard releases from the state and release of any liens, as recommended by the Public Works Committee. The original contract amount was $8 , 519, 365 . 32 The final contract amount was $11, 244 , 093 . 95 or, $2 , 724 , 728 . 63 over. As noted in the Public Works Director memorandum, several factors initiated this overage, most of it resulting from Metro asking to add work to the contract , which the City accommodated. Metro added $1, 543 , 000 worth of work to the construction of their sewer dissipation structure as well as other miscellaneous items Metro has paid the City for all costs attributable to this additional work Adequate funds exist within the project budget to cover this overage. (CONSENT CALENDAR - ITEM 6J) (CFN-565&140) Surface Water Design Manual. Adoption of Ordinance No. 3602 relating to the City' s Surface Water Design Manual ( "Manual" ) . The ordinance would adopt the Manual to reduce public hazards due to floods, erosion and landslides and enhance public health, safety, and welfare If approved, Section 5 of the Kent Construction Standards, which was adopted by Ordinance No. 3117, would be repealed as it pertains to standards for stormwater systems, which is incorporated into the Manual . COMPREHENSIVE PLAN (OTHER BUSINESS - ITEM 7A) (CFN-1240&377) DeMarco Annexation Zoning and Comprehensive Plan. The proposed ordinance establishes the comprehensive plan designations of Single Family Residential (SR-6) and Neighborhood Services, and zoning designations of Single Family Residential (SR-6) and Neighborhood Convenience Commercial (NCC) for the DeMarco Annexation Area. All consistent with the motion approved by Council at its May 7 meeting. 8 Kent City Council Minutes May 21, 2002 COMPREHENSIVE PLAN In response to questions from Clark and White, Wickstrom explained safety concerns regarding ingress and egress on 116th Ave. SE and 240th. Orr explained that the motion she made at the last Council meeting was to accept the Land Use and Planning Board' s recommendation, which was for a square on the corner, and that in the discussion of that motion, she said she wouldn' t object to reconfiguring if it made it safer for ingress and egress out of the site. ORR THEN MOVED to adopt Ordinance No. 3605 establishing comprehensive plan and zoning designations for the DeMarco Annexation area . Woods seconded. Deputy City Attorney Fitzpatrick said it is appropriate for the Council to designate the shape, and that the minutes reflect that Council move to adopt the Planning Commission' s indication that it would be a square . He reiterated that Council does need to designate shape and in this case location of the shape . After a lengthy discussion of the configuration and access, it was determined that opportunity for public input has been provided. Satterstrom pointed out that the Planning Director has some discretion as to the layout, and that no matter what shape it is, safe access can be found. After some discussion, Clark withdrew his motion. The motion to adopt Ordinance No. 3605 then carried 6-1, with White opposed. The Deputy City Attorney confirmed that the areas has been zoned as a square . TECHNOLOGY PLAN (OTHER BUSINESS - ITEM 7B) (CFN-1155) Technology Plan 2002 . The proposed Technology Plan 2002 represents technology capital investments for the next three to four years, with a budget total of $7 . 01 million. The investment of $7 . 01 million represents a substantial reduction from the $11 . 2 million dollar estimate as of summer 2001 . Significant reductions have taken place such that this plan consists primarily of lifecycle 9 Kent City Council Minutes May 21, 2002 TECHNOLOGY PLAN replacement programs for hardware and software A key investment is the replacement of Police and Corrections systems, with a total public safety investment of $3 . 1 million Mulholland noted that this plan was presented at the May 7th Council Operations Committee . She explained that Technology Plan 2002 started out with a project total between 11 and 12 million dollars, and that the scope has been reduced to $7 . 01 million. She noted that the criteria for inclusion were long standing commitment to the project, life cycle and replacement programs, pro- Dects which would provide a possible financial benefit to the city, reducing risk and to potentially providing operational efficiencies . She said some of the high- lights of the plan include replacement of the police system, replacement of the network backbone which is the heart of the city' s network and really drives the communications throughout our network, a number of life cycle investments, servers, laptops, mobile data computers, cable TV equipment, the one-stop business license program, in partnership with the state, improve- ment to the cashiering processes and an update to our Microsoft software . Deputy Police Chief Miller explained that the police system is 14 years old and is no longer supported by the company it was purchased from. He noted that one of the benefits from the new system is the ability to integrate the jail and police records systems . Mulholland explained that a significant percentage of the plan is an investment in public safety which would be the police systems project and that 17% is on network and e-mail related investments, 16% is on business systems, 13% is on end-user and 3% is on financial systems . She noted that the intent is to issue Councilmanic bonds in the amount of $2 million and in 2002 and $4 million in 2004 . She said the other revenue sources are a blend of CIP, utility and police funds in the amount of $1 million. Yingling MOVED to approve Technology Plan 2002 ; to establish a project budget of $7 . 01 million; to approve an intent to authorize issuance of LTGO (Councilmanic) 10 Kent City Council Minutes May 21, 2002 TECHNOLOGY PLAN bonds in amounts not to exceed $2 million in 2002 and $4 million in 2004 to partially fund implementation of the Plan; and to continue to authorize the Mayor subject to the City' s purchasing rules for bidding, RFP and RFQ requirements, to sign purchase orders without further Council approval in amounts up to $50 , 000 for purchases made in implementation of this Technology Plan as approved. Woods seconded. Yingling emphasized that Mike Martin, Mulholland and her staff, have whittled the amount down from over $11 million originally to the bare essentials, and urged the Council to approve it . Peterson said she agrees with the need to integrate and streamline some of the systems . The motion then carried. MUNICIPAL COURT (CONSENT CALENDAR - ITEM 6N) (CFN-983) Additional Judicial Position at Kent Municipal Court. Adoption of Ordinance No 3604 which relates to the Kent Municipal Court judicial positions . The Kent Municipal Court currently has one full-time judge and one commis- sioner to handle the filings in the Kent Municipal Court . Adoption of this Ordinance will amend Section 2 . 34 . 040 of the Kent City Code by providing a second judicial position, and it will eliminate the need for a court commissioner. (OTHER BUSINESS - ITEM 7C) (CFN-983) Judicial Appointment. The Mayor wishes to appoint our longstanding Court Commissioner, Glenn Phillips, as the Kent Municipal Court ' s second Municipal Judge to become effective on the effective date of the ordinance creating this second judicial position. Glenn has acted as the full-time Court Commissioner since 1994 , and already performs many of the duties required of a full-time judge . Once effective, Judge Phillips , term would run until December 31 , 2005, and thereafter be filled by election. 11 Kent City Council Minutes May 21, 2002 MUNICIPAL COURT CLARK MOVED to confirm the Mayor' s appointment of Commissioner Glenn Philips as the City' s second full-time Municipal Court Judge, upon the effective date of the ordinance amending the Kent City Code to add a second judicial position. Orr seconded and the motion carried. Mayor White then congratulated Commissioner Glenn Phillips on his appointment . Commissioner Phillips was then sworn in by the Mayor, thanked the Mayor and Councilmembers and said he was truly honored by this appointment . CIVIL SERVICE (CONSENT CALENDAR - ITEM 6P) (CFN-122) Civil Service Commission Re-Appointment. Confirmation of the Mayor ' s appointment of Mr Callius Zaratkiewicz to continue serving as a member of the Kent Civil Service Commission. Mr. Zaratkiewicz ' new term will continue until 5/31/08 . (CONSENT CALENDAR - ITEM 6Q) (CFN-122) (ADDED BY MAYOR WHITE) Civil Service Commission Appointment. Confirmation of the Mayor' s appointment of Ms . Pauline Thomas to serve as a member of the Kent Civil Service Commission Ms . Thomas is currently employed as a Special Education teacher at Mattson Junior High School . Ms. Thomas ' term will continue until 4/30/04 FINANCE (CONSENT CALENDAR - ITEM 6B) (CFN-104) Approval of Bills . Approval of payment of the bills received through April 30 and paid on April 30 after auditing by the Operations Committee on May 7, 2002 . Approval of checks issued for vouchers : Date Check Numbers Amount 4/30/02 Wire Transfers 1162-1172 $1, 082, 956 . 56 4/30/02 Prepays & 532427 1, 868 , 845 . 40 4/30/02 Regular 533088 2, 475, 226 . 93 $5, 427, 028 89 12 Kent City Council Minutes May 21, 2002 FINANCE Approval of checks issued for payroll for April 1 through April 15 and paid on April 19, 2002 : Date Check Numbers Amount 4/19/02 Checks 259622-259961 $ 282 , 185 . 99 4/19/02 Advices 127460-128140 1, 125, 984 22 $1 , 408 , 170 . 21 Approval of checks issued for payroll for April 16 through April 30 and paid on May 3 , 2002 : Date Check Numbers Amount 5/3/02 Checks 259962-260344 $ 265, 327 . 18 5/3/02 Advices 128141-128885 1, 097 , 605 . 76 $1, 363 , 132 . 94 CANCER WALK (CFN-198) Councilmember Peterson noted that this weekend was the cancer walk at French field and said $142 , 000-$145, 000 was raised from a variety of groups made up of about 1200 participants . Mayor white mentioned that 2 staff units were there, one from Police Explorer Scouts and another from Administration and other departments . REPORTS Council President. Clark reminded Council members of the Valley Com grand opening next week and encouraged everyone to attend and at the very least to tour the building. (CFN-198) Public Works. Orr noted that the next meeting will be held at 5 : 00 p.m. on June 3 . (CFN-198) Planning Committee. Orr said the next meeting will be at 3 :00 p.m. on June 4 . (CFN-198) Administrative Reports . Martin noted that there is an executive session of two items dealing with contract negotiations regarding Kent Station and land acquisition, and that action may be taken after the 25-minute executive session (CFN-198) 13 Kent City Council Minutes May 21, 2002 KENT STATION (CONTINUED COMMUNICATION - ITEM 11A) (CFN-171) Kent Station. Bob O' Brien, 1131 Seattle Street, said that at the last meeting on the DeMarco Annexation, people were told clearly that there was no further need for commercial property. He said there is a citizens oversight committee on the proposed Community Development Block Grant to secure funds to build a 50, 000 square foot multi-purpose facility which would be a food bank during the day and various people could stay in the building at night . He emphasized the fact that citizens are at least allowed some input into this process . He said he doesn' t remember such an oversight committee for the Kent Station, and citizens have never been asked to give any input on the matter. O 'Brien then proposed that this area be park area, which would have facilities such as a memorial area, a picnic area, and such things as that Mayor White noted that there will be another public meeting on Thursday of this week, providing the public an opportunity to give input into the process . Martin pointed out that the zoning envisioned long ago in the downtown area is DC, which allows commercial activity to take place as the market sees fit He noted that two full day forums on Kent Station have already been held, and that there will be another one this Thursday, at which there will be additional information about partici- pating in a formal public hearing process intended with the environmental process intended with this project . He said this would be a very, very expensive piece of green space and that a park in this particular area would be very contrary to the intent of the growth management act, and it would be contrary to the policy to densify this particular portion of the city and create that synergy in downtown He added that he respects the desire for additional green space . Upon Orr' s request , Martin noted that the first session on Thursday begins at 7 :30, the second session begins at 11, and the final session begins at 6, at the Kent Commons . 14 Kent City Council Minutes May 21 , 2002 KENT STATION Orr expressed regret that Mr O'Brien hasn' t been able to attend the meetings, but said the City has certainly been involving the public . Clark stated that the designation of neighborhood com- munity commercial zoning does bring some particular challenges in trying to help neighborhoods develop and retain their own identity, but it doesn' t acquaint with the Kent Station property Woods agreed, and said there are all kinds of needs in the valley which have not been addressed. She explained that there are people in the human service community who are trying to get a package together whereby they could organize all of their programs in one facility, and that they came to the City only to inform us of their vision. Peterson opined that having park space is wonderful but the Council would be remiss as leaders in the community for not providing some tax revenue, which comes from businesses and retail EXECUTIVE SESSION The meeting recessed to executive session at 8 :35 p.m. and reconvened at 9: 13 p .m (CFN-198) Contract Negotiations . YINGLING MOVED to authorize the Mayor to sign a Memorandum of Understanding between the City of Kent and Kent Station LLC sub]ect to further negotiations on the condition that further negotiations do not result in substantive changes and the Memorandum of Understanding is approved as to form by the City Attorney. woods seconded and the motion carried. (CFN-171) ADJOURNMENT CLARK MOVED to adjourn at 9 : 14 p.m. Woods seconded and the motion carried (CFN-198) f7smmons Acting City Clerk 15