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HomeMy WebLinkAbout04.22.85 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, April 22, 1985 Council Chambers, Municipal Building Meeting No. 85-08 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, P4innesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present MaryLee Maida, Councilmember Present Michael T. Wasiluk, Councilmember Absent C. APPROVAL OF MINUTES None. D. APPROVAL OF AGENDA D4ayor Greavu moved to approve the Agenda as amended: 1. Trail Bike 2. Frost and Parkway Drive 3. Patrolling Parks 4. Case Update 5. Brand Street Ponding 6. Otto's - 7. Frattalone - 8. Fire Station 9. Rollings Hills 10. Budget Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Councilmember Anderson moved to approve Item E-4, Time Extension Maple Ridge Mall as follows: Approval of a six month time extension subject to the original condi- tions. ;i Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Anderson and Maida. Nay - Councilmember Bastian. Councilmember Anderson moved, seconded by Councilmember Maida, Ayes - all, to approve the Consent Agenda Items 1, 2, 3, 5, and 6 as recommended. 4/22 1. Accounts Payable Approved the accounts as recommended: Part I - Fees, Services, Expenses, Check Register dated April 12, 1985 through April 15, 1985 - $341,162.35 and Payroll dated April 02, 1985, gross amount $119,335.21. 2. Conditional. Use Permit Renewal - 2620 Keller Parkway Approved the renewal of the conditional use permit for five years to operate a barber shopas a home occupation at 2620 Keller Parkway, subject to the condi- tions of the 4-3-80 renewal. 3. Conditional use Permit Renewal and Revision : 1900 Sterling Resolution No. 85 - 4 - 6g WHEREAS, John Songas and Yoshiko Caturia initiated a. conditional use permit to conduct a beauty shop home occupation at the following-described property: The N. 111 feet of the W. 130 feet of the NW 1/4 of the SE 1/4 of Sec. 13, Township 29, Range 22. This property is also known as 1900 Sterling Street, Maplewood; WHEREAS, the. procedural history of this conditional use permit is as follows: 1. This conditional use permit was initiated by.John Songas and Yoshiko Caturia, pursuant to the Maplewood Code of Ordinances.. 2. This conditional use permit was approved by the Maplewood City Council on April 6, 1978, subject ta: a. Other than the applicant, there shall be no other employees permitted; b. The home occupation permit shall be issued for a one-year term. After one year staff shall inspect the barber shop and determine whether all Council conditions. have been met. Ifso, the home oc- cupation may continue; c. The workareaShall`be inspected and approved by public safety before business begins; d. The applicant contact the immediate neighbors to advise them of the proposed home occupation; e. One sign with applicant's first name is allowed;. . 8 f. Owner and applicant agree tothe above conditions in writing. 3.. This conditionaluse permit was renewed twice by the City Council on April 5, 1979 and April 17, 1980. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described conditional use permit be renewed for a five-year period on the basis of the following findings-of-fact: - 2 - 4/22 1. The use is in conformity with the City's Comprehensive Plan .and with the purpose and. standards of this chapter. 2. The establishment or maintenance of the use would not be detrimental to the public health, safety or general welfare. 3. The use would be located, designed, maintained and operated to be com- patible with the character of that zoning district. 4.. The use would not depreciate property values.. 5. The use would not be hazardous, detrimental or disturbing to present and potential surrounding land uses, due to the noises, glare, smoke, dust, odor, fumes, water pollution, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 6. The use would generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access or parking needs that will cause undue burden to the area properties. 7. The use would be serviced by essential public services, such as streets, police, fire protection, utilities, schools and parks. S. The use would not create excessive additional requirements at-public cost for public facilitiesand services; and would not be detrimental to thewelfare of the City. 9. The use would. preserve and incorporate the site's natural and scenic features into the. development design. 10. The use would cause minimal adverse environmental effects. 11. There have not been any complaints received over this use. Approval is subject to a fire extinguisher being kept in the beauty shop. 4. Time Extension Maple Ridge Mall Discussed before Item E-l. 5. Paramedic Bill Cancellation and Policy Change Approved the cancellation of the $8.00 balance of the paramedic ambulance ser- vice charge of Lois Ahlstrom. Approved the policy change to allow the Finance Director to cancel remaining balances up to $20..00. - 6. Podawiltz Mortgage Revenue Bond Revision. Resolution No. 85 - 4 - 7p RESOLUTION APPROVING ' AN INCREASE IN BONDING AUTHORITY FOR THE MAPLE RIDGE PARTNERSHIP PROJECT - 3- 4/22 WHEREAS: (A) The City Council of the City of Maplewood, Minnesota, by a resolution adopted on October 8, 1984, approved a multi-family rental housing develop- ment, known as the "Maple Ridge Partnership Project" (the "Project") and the financing thereof pursuant to Minnesota Statutes, Chapter 462C with approximately $3,800,000 of revenue bonds; (B) The City, by resolution entitled "RESOLUTION APPROVING A JOINT PROGRAM FOR FINANCING RENTAL HOUSING AND GIVING PRELIMINARYAPPROVAL TO A JOINT POWERS AGREEMENT AND REGULATORY AGREEMENT IN CONNECTION THEREWITH," approved preliminarily a joint powers agreement by which the Housing and Redevelopment Authority of the City of Saint Paul, Minne- sota (the "5t. Paul HRA") would issue the revenue bonds, acing on behalf of itself with respect to certain projects located within the city limits of the City of Saint Paul, and on behalf of such other municipalities, including this City, as may approve the financing of multi-family rental housing projects located therein for financing pursuant to a joint program; (C) The City Council has been advised by Piper, Jaffray & Hopwood.Incor- porated, that the joint powers financing referred to above has been struc- tured so that the bonding authority for each municipality must provide for the funding of a pro-rata portion of a letter of credit commitment fee with respect to the issue and the funding of a reserve fund; (D) It appears that the bonding. authority of $3,800,000 approved by resolu- tion adopted on October 8, 1984, must be increased by approximately $473,600 to provide funding for the portion of the letter of credit commitment fee and the reserve fund allocable to the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA, as follows: 1. The City hereby approves an increasein bonding authority for the - Maple Ridge Partnership Project by the sum of approximately $473,600 to a total bonding authority of approximately $4,273,600. 2. Except as amended herein, the City hereby ratifies and 'approves the resolution adopted onOctober 8, 1984, with respect to the Maple Ridge Partnership Project and the resolution entitled "RESOLUTION APPROVING A JOINT PROGRAM FOR FINANCING RENTAL HOUSING AND GIVING PRELIMINARY APPROVAL TO A JOINT POWERS AGREEMENT AND REGULATORY AGREEMENT IN CON- . NECTION THEREWITH." F. PUBLIC HEARINGS 'b 1. 7:00 P:M., Preliminary Plat :~Woodlynn Heights Townhomes a. Mayor Greavu convened the meeting for a public hearing regarding the request of Mr. Mack Nettleton for preliminary platapproval to create four townhouse lots, an outlot and a large remnant parcel. Mr. Nettleton is also requesting final plat approval. b. Manager Evans presented the Staff report. - 4 - 4/22 c. C~,ty 1{ttorney~ John~Bannigan-stilted thdt an agreement shpuld be entered into W~th.Mr. Nettleton to arrange for and/or secure payment of the delinquent taxes and assessments at closing, d. Commissioner Dennis Larson presented the Planning Commission recommendation. e, Mr: .Tames Donley, representi..ng Mr, Nettleton, spoke on behalf of the proposal. ,Mayor Greavu called £or proponents, None were heard. g, Mayor Greavu called for opponents. None Were heard, h, ,Mayor Greavu closed the public hearing. i;, ,Mayor-Greavu moyed'to approve the preliiitinary plat and the finial plat of WoodlynnHeightsToWnhomessubjecttp-the following-conditions: 1. Payment o£the-back taxes and delinquent assessments against the entire property, if these-costs are not paid prior to the request _ for£indl plat approval, an agreement acceptable fo the City Attorney, shall be entered into to arrange for and/or secure payment of these items dt closing, 2, City approval o£ the hoiieowner's association bylaws and rules, to assure that there Will be ene responsible party for the maintenance of the on- site utilitesand driveways, 3, Plat the remnant parcel-west of the four-unit townhouse as an outlot. - (NOtep This condition Was revisedsnce the-planning commission recpmmendation, based on discussions With Mr, Nettleton,) 4. Dedication o£ ten feet along the east boundary of the site to increase the West hal£ of McKnight Roads right-of-Way to 43 feet, 5, pn the final plat, the sight-triangle must be shown that is of record - at the intersection o£Woodlynn Avenue and McKnight Road. Seconded by Councilmember Maids. Ayes - a11, 2, 7:10 P.M „ Alleg Vacation-South of Zealand Road, West of Atlantic.. a. Mayor GreaVU cpnyened the meeting for a public hearing regarding the proposal to vacate an undevelopedalleyright~of way north of.JUnction Avenue and West of Atlantic Street, b. Manager~Evans-presentedthestaf£ report, J.B c, Cgmigssioner-Dennis Larsonpresented thePlanning Commission report. d.. Mayor Gr~edvu called £Or proponents. None were heard, e, Mayox Greavu calledfor opponents. None were heard, ' MayorGreavu closed the-public hearing - 5 - 4/22 g. Councilmember Anderson introduced the following resolution and moved its adoption: 85 - 4 - 71 WHEREAS, Robert Smith initiated proceedings to vacate the public interest in the alley right-of-way located in Block 2, Clifton Addition, Section 9, Township 29, Range 22. WHEREAS, the procedural history of this vacation is as follows: 1. This vacation was initiated by Robert Smith. on February 8, 1985; 2. A majority of the owners of property abutting said alley right-of-way have signed a petition for this vacation; 3. This vacation was reviewed by the Planning Commission on April 1, 1985. The Planning Commission recommended to the City Council that this va- cation be approved; 4. The City Council held a public hearing on April 22, 1985, to consider this vacation. Notice thereof was publishedand mailed pursuant to law. All persons present at this hearingwere given an opportunity to be heard and present written statements. The Council also con- sidered reports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above described alley right-of-way, public interest in the property will accrueto the followingdescribed abutting properties: Lots 1 - 30, Block 2, Clifton Addition, Section 9, Township 29, Range 22 NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that it is - in the public interest to grant the above-described vacation on the basis of the following findings of fact: 1. There is no public need for the right-of-way. 2. Itwould be in the public interest to put the property back on the tax .rolls. This vacation is subject to the retention of a utility easement over the north half of the right-of-way to be vacated. Seconded by Councilmember Maida. Ayes - all. a G. AWARD OF BIDS None. UNFINISHED BUSINESS 2. Golf Ordinance a. Manager Evans presented the Staff report. - 6 - 4/22 b. Councilmember Bastian moved first reading of an ordinance prohibiting golfing practices in the parks. Seconded by Councilmember Anderson. Ayes - all. I. NEW BUSINESS 1. Selection of Insurance Agents. a. Manager Evans presented the Staff report. b. Mr.-Al Ciliske, risk management consultant, spoke on behalf of pre- qualification of insurance agents. c. Mayor Greavu moved to approve the recommendation that the purchase of in- surance to replace policies expiring June 30th be done by the pre-qualification of insurance agents and assignment of markets. It is further approved that the Council designate the agents that should receive the City's insurance specifi- cations and which companies they shouldbe given exclusive access to based - upon the recommendations of Nr. Al Ciliske, risk management consultant. Seconded by Councilmember Bastian. Ayes -.all. F. PUBLIC BEARINGS (Continued) 3. 7:20 P.M., Rezoning :Frost Avenue (Flicek Park) 4 Votes. a. Mayor Greavu convened the meeting for a public hearing regarding the proposed rezoning of Flicek Park site from BC business-commercial to F - farm residential. b. Manager Evans presented the Staff report. c. Commissioner Dennis Larson presented the Planning Commission recommendation. d. Mayor Greavu called for proponents. None were heard. e. Mayor Greavu called for opponents. None were heard. f. Mayor Greavu closed the public hearing. g. Councilmember Bastian introduced the following resolution and moved its adoption: 85- 4- 72 WHEREAS, the City of Maplewood initiated a rezoning from BC, business com- !.j mercial to F, farm ,residence district for the following-described property: 1. That portion of the NW 1/4 of Section 16, Township 29, Range 22, lying Southeasterly of the abandoned Soo Line R.O.W. (subject to roads). 2. That part of the NE 1/4 of Section 16, Township 29, Range 22, lying Southeasterlyof'the abandoned Soo Line R.O.W. Westerly of Frank Street (subjecttoroads). 3. The South half of the abandoned 50o Line right-of-way, adjacent to the two parcels described above. - 7 - 4/22 This property is also known as Flicek Park, Maplewood; WHEREAS,. the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed bythe Maplewood Planning Commission on April 1, 1985. The Planning Commission recommended to the City Council that said rezoningbe approved. 3. The Maplewood City Council held a public hearing on April 22, 1985, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and - intentof the zoning code and comprehensive plan. 2. The proposed change will .not substantially injure or detract from the use of neighboring property or from the character of the neighbor- . hood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences - of the community, where applicable and the public welfare. _ 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. - Seconded by Councilmember Anderson. Ayes - all. 4. 7:30 P.M., Rezoning East Shore Drive to Frost Avenue (4 Votes) a. Mayor Greavu convened the meeting for a publichearing regarding the proposed rezoning of Frost Avenue, (St. Paul Tourist Cabins/mobile home properties) from R-1 single dwelling residential and BC business commercial to R-3 Multiple dwelling residentialand East Shore Drive (Ramsey County Land and the Parkview Court Apartments).from BC business commercial to F - farm residential to match the OS open space land designation. 8 b. Manager Evans presented the Staff report. c. Commissioner Dennis Larson presented the Planning Commission recommendation. d. Mayor Greavu called for .proponents. None were heard. e. Mayor Greavu called 'for opponents. Mr. Eric Koreen questioned if his prop- . erty was included. He was informed it was not. f. Mayor Greavu closed the public hearing. - 8 - 4/22 g. Mayor Greavu introduced the following resolution and moved its adoption: 85- 4- 73 WHEREAS, the City of Maplewood initiated a rezoning from BC, business commer- cial and R-l, single familyresidential to R-3, multiple dwelling residential for the following-described property: Unplatted lands part of GL 2 described as beginning on west line of road right-of-way in Doc 1999021 and south line of avenue then south on right-of-way to north line of East. Shore Drive right-of-way then west to east line of west 20 acres of GL 2 the north on east line to a point 810.8 feet south of north line of GL 2 the west 67.5 feet then angle north west 61 degrees 57 minutes to center line of avenue also beginning on west line of east 10 acres of west 20 acres and original south line of. avenue then south 27 degrees 6 minutes east 200 feet then - east at right angle 20.1 feet more or less thennorthwest to south line of avenue 17.3 feet more or less northeast of beginning (subject to road) in Section 16, Township 29, Range 22 This property is also known as the St. Paul Tourist Cabins; WHEREAS, the procedural history of .this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoningwasreviewed by the Maplewood Planning Commission on April 1, 1985. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held apublic hearing on April 22, 1985, to consider this rezoning. Notice thereof was published and mailed pursuant _ to law. All persons present at said hearing were given an opportunity to _ be heard and present written statements. The Council also considered reports and recommendations of the City Staff and. Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY TAE MAPLEWOOD CITY COUNCIL that the above- described rezoning be approved on the basis of the following findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed changewill not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed "'i change or plan .is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. 4. The .proposed change would haveno negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Maida. Ayes - all. - 9 - 4/22 h. Mayor Greavu introduced the following resolution and moved its adoption: 85- 4- 74 WHEREAS, the City of Maplewood initiated a rezoning from BC, business commercial to F, farm residence district for the following-described property: The W 1/2 of the W 1/2 of the NE 1/4 of the SW 1/4 of Section 16, Township 29, Range 22 and; That part of the E 1/2 of the W 1/2 of the NE 1/4 of the 5W 1/4 of Section 16, Township 29, Range 22, lying northwesterly of the south line of the abandoned Soo Line right-of-way. WHEREAS, theprocedural history of this rezoning is as follows: 1. This rezoning was initiatedby the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. " 2. This rezoning was reviewed by the Maplewood Planning Commission on April 1, 1985. The Planning Commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on April 22, 1985, to consider this rezoning. Notice. thereof was published and mailed pursuant to law. All persons present at said hearing were - given an opportunity. to be heard and present written statements. The,Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described rezoning be approved on the basis of thefollowing findings of fact: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the - neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safe- guarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable and the public welfare. `a 4. The proposed change viould have no negative effect upon the logical, efficient, andeconomical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Maida. Ayes - all. - 10 - 4/22 i. Mayor Greavu introduced the following resolution and moved its adoption: 84 - 5 - 75 WHEREAS, the City of Maplewood initiated a rezoning from BC, business commercial to R-3, multiple dwelling residential for the following-described property: Unplatted lands beginning on the west line of the East 10 acres of the West 20 acres of Government Lot 2 and the southerly line of Frost Avenue then south 0 degrees 13 minutes west 677 76/100 feet then north 68 degrees 56 minutes east 72 75/100 feet then south 21 degrees OS minutes east 175 03/100feet then north 68 degrees 56 minutes east 26S 45/100 feet then north 27 degrees 06 minutes west to beginning in Section 16, Township 29, Range 22 Thisproperty is also known as the Parkview Court Apartments; WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated by the City of Maplewood, pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commission on April 1, 1985. The planning commission recommended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on April 22, 1985, to consider this rezoning. Notice thereof was published and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Council also considered reports and recommendations of the City Staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described rezoning be .approved on the basis of the following findings of fact: - 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially-injure or detract from the use of neighboringproperty or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change w-11 serve the best interests and conveniences of the community, where applicable and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. Seconded by Councilmember Maida. Ayes - all. - 11 - 4/22 H. UNFINISHED BUSINESS (Continued) 1. Reconsideration Cave's Lakewood Addition a. Director of Public Works Haider explained the specifics of the drainage of the plat. b. Mr. Sam Cave, the developer, stated he has revised the drainage plan to provide positive surface water removal from all lots on the plat without im- patting any adjoining landowners. c. Councilmember Anderson moved. to approve the Cave's Lakewood Addition preliminaryplat for29 lots sub'ect to conditions as presented. Seconded by Councilmember Maida. Ayes - all. I. NEW BUSINESS (Continued) 2. Purchase of Bleachers a. Manager Evans presented the Staff report. b. Councilmember Andersonmoved to approve the purchase of nineteen 15-foot bleachers for the following locations: Edgerton - 4 sets Flicek - 3 sets - Gethsemane - 2 sets Afton Heights - 4 sets North Hazelwood - 6 sets at a total cost of $14,487.50. Seconded by Councilmember Maida. Ayes - all. J. VISITOR PRESENTATION None K. COUNCIL PRESENTATIONS 1. Trail Bikes a. Councilmember Maida commented on trail bikes using property illegally. b. Staff suggested obtaining license numbers, names, etc., and notifying the Police Department. 2. Parkway and T.H. 61 a. Councilmember Anderson moved to instruct Staff to contact the Highway Department regarding prohibiting right turns on red on the north side of Park- way Drive at Highway 61. Seconded by Mayor Greavu. Ayes - all. 3. Patrolling Parks - 12 - a. Councilmember Anderson questioned the procedures for police patrolling the parks. b. Director of Public Safety Collins answered Councilmember Anderson's questions. 4. Case Update a. Councilmember Bastian requested an update on all pending litigation. 5. Brand Street Ponding - a. Mayor Greavu requested Staff to investigate the ponding along Brand Street and check the cemeteryoverflow pipe. 6. Otto's - Junction Street a.. Mayor Greavu instructed Staff to investigate costs for piping to relieve the drainage problems on Junction Street. 7. Frattalone a. Mayor Greavu instructed Staff to contact Frattalone Excavating to eliminate the dust problem on County Road D resulting from their excavating project. 8. Fire Station - Gladstone a. Mayor Greavu questioned what will happen. when CityHalL is sold, if the City will lease the fire station to the fire department or sell it. b. Discussion will be held with the fire department. 9. Rolling Hills a. Mayor Greavu questioned why the construction of a fence at Rolling Hills - - requires a hearing. b. Staff stated that any changes to the site plan requires Community Design Review Board approval. L. ADMINISTRATIVE PRESENTATIONS 1. Budget a. Manager Evans stated Maplewood received an award from the Government Finance Officers' Association for distinguished budget presentation. Maplewood is the first City in Minnesota to receive this award. 3 d. M. ADJOURNMENT 9:19 P.M. City Clerk