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HomeMy WebLinkAbout02.22.88 MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, February 22, 1988 Council Chambers, Municipal Building Meeting No. 88 - 4 A. CALL TO ORDER A regular meeting of the City Council of Maplewood, Minnesota, was held in the Council Chambers, Municipal Building, and was called to order at 7:05 P.M., by Mayor Greavu. B. ROLL CALL John C. Greavu, Mayor Present Norman G. Anderson, Councilmember Present Gary W. Bastian, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present C. APPROVAL OF MINUTES 1. Meeting No. 87 - 23 (October 26, 1987) Councilmember Bastian moved to approve the Minutes of Meeting No. 87-23 (October 26, 1987) as submitted. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker. Councilmember Rossbach abstained. 2. Meeting - November 5, 1987 Mayor Greavu moved to approve the Minutes of November 5, 1987, as submitted. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Bastian and Juker. Councilmember Rossbach abstained. 3. Meeting No. 87 - 24 (November 9, 1987) Councilmember Bastian moved to approve the Minutes of Meeting No. 87 - 24 (November 9, 1987) as submitted. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Bastian. Councilmember Rossbach abstained. 4. Meeting No. 87 - 26 (November 23, 1987) Mayor Greavu moved to approve the Minutes of Meeting No. 87 - 26 (November 23,.1987) as submitted. 2/22 _ _ _ Seconded by Councilmember Bastian. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Bastian. Councilmember Rossbach abstained. 5. Meeting No. 88 - 3 (February 8, 1988) Councilmember Juker moved to approve the Minutes of Meeting No. 88 - 3 (February 8, 1988) as submitted. Seconded by Councilmember Rossbach. Ayes - Councilmembers Anderson, Bastian, Juker and Rossbach. Mayor Greavu abstained. D. APPROVAL OF AGENDA Mayor Greavu moved to approve the Agenda as amended: 1. .Merger 2. 3-M Company 3. Goals 4. Manager's Meeting 5. Remove Item I-2 6. Add Item I-7, Public Imp. Project Funds 7. Water Board Meeting Seconded by Councilmember Bastian. Ayes - all. E. CONSENT AGENDA Councilmember Bastian moved, seconded by Mayor Greavu,,Ayes - all, to approve the Consent Agenda, Items 1 through 6 as recommended: 1. Accounts Payable Approved the accounts (Part I, Fees ,Services, Expenses, check register dated February 16, 1988 - $589,326.03 - Part II, Payroll pay period ending 1-29-88, gross amount of $147,189.82) as submitted. 2. Carryover of 1987 Appropriations Approved the following carryover of 1987 appropriations to 7:988: Department Amount Account Code For City Council: $ 870 01-4120-01 Recognition pins, plaques, etc. 1,735 01-4630-01 Chairs and tables for Council Chambers. Police Civil 100 01-4120-OS Testing supplies (see. Exhibit A) Service Commission: 1,530 O1-4480-OS Testing fees (see Exhibit A) Emergency Services 300 01-4430-12 Moving warning siren from the St. Paul Pistol Range (see Exhibit B) - 2 - 2/22 ~ Miscellaneous: 3,200 01-4490-19 Data processing consultant to provide assistance implementing new computer system 21,120 13-4630-00 Remaining costs for new computer system City Clerk: 3,000 01-4120-34 Election supplies 600 01-4640-34 Telephone for the deaf Public Safety: 1,600 01-4630-41 Filing cabinets 6,500 01-4150-42 Semi-automatic weapons (see Exhibit C) 4,500 01-4640-42 Semi-automatic weapons 400 01-4600-43 Paramedic program equipment- . $400 is the amount of private donations received for this purpose. Community Development: 1,670 01-4810-72 Consultant to study why Maplewood's property taxes are high despite the good tax base. $47,125 3. Budget Transfer Approved a budget transfer of $2,100 from the General Fund Contingency account to Finance Department office supplies budget. 4. Request to Fill Vacancy - Park Maintenance I Approved the posting, advertising and hiring of a Park Maintenance Person I for the Parks and Recreation Department. 5. Acceptance of Developer Project 84-01. RESOLUTION N0. 88 - 2 - 17 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore entered into a contract for public improvements for City Project 84-01 described as Granada Addition, and WHEREAS, said project has been certified as completed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the project is completed and the utilities are hereby accepted as part of the distribution systems. - 3 - 2/22 6. Beam Avenue Water Main, Project 84-12, Change Order Four Resolution No. 88 - 2 - 18 WHEREAS, the City Council of Maplewood, Minnesota, has heretofore ordered made Improvement Project 84-12 and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 84-12 Change Order Four. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEW00D, MINNESOTA, that the Mayor and City Clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Four. F. PUBLIC HEARINGS 1. 7:00 P.M., Maplewood Highlands " a. Plan Amendment (4 Votes) b. Street Vacation c. Preliminary Plat d. Zone Change e. Feasibility Report 1. Mayor Greavu convened the meeting for a public hearing regarding the development of Maplewood Highlands Addition located south of Pleasantview Park. 2. Manager McGuire presented the Staff report, 3. Director of Community Development Olson presented the specifics of the proposal. 4. Chairman Les Axdahl presented the Planning Commission recommendation. 5. Mr. Bob Bruton, Partner in the development, spoke on behalf of the proposal. 6. Larry Olson and Rod Halverson, Midwest Land Surveyors, explained the project. 7. P4ayor Greavu called for persons who wished to be heard for or against the proposal. The following expressed their views: James Miller, 2413 Carver Avenue 8. Mayor Greavu closed the public hearing. 9. Mayor Greavu introduced the following resolution and moved its adoption• - 4 - 2/22 88-2-19 WHEREAS, the City of Maplewood initiated an amendment to the Paplewood Comprehensive Plan to amend the major street-plan element to designate a minor collector street corridor runing east/west south of Pleasant View Park between Sterling Street and future Lakewood Drive. WHEREAS, the procedural history of this plan amendment is as follows: 1. The Maplewood Planning Commission held a public hearing on February 1, 1988, to consider this plan amendment. Notice thereof was pub- lished and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present written statements. The Planning Commission recommended to the City Council that said plan amendment be approved. 2. The Maplewood City Council considered said plan amendment on February 22, 1988. The Council considered reports and recommendations from the Planning Commission and City Staff. NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD CITY COUNCIL that the above-described plan amendment be approved on the basis that designation of a minor collector street along this corridor is desirable to ensure that the street within this corridor is designed to safely accommodate the future traffic circulation needs in this area. Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. 10. Mayor Gravu introduced the following resolution and moved its adoption: 88-2-20 WHEREAS, Maplewood Highlands Development Corporation initiated proceedings to vacate the public interest in the following-described property: Sterling Street, lying east of the South 825 feet of the SE i/4 of the SW 1/4 of Section 13, Township 28, Range 22, except that part lying south of the following-described line: (Required to be furnished by the Developers). WHEREAS, the procedural history of this vacation is as follows: 1. A majority of the owners of property abutting said street vacation have signed a petition for this vacation; 2. This vacation was reviewed by the Planning Commission on February 1, 1988. The Planning Commission recommended to the City Council that this vacation be approved. - 5 - 2/22 3. The City Council held a public hearing on February 22, 1988 to consider this vacation. Notice thereof was published and mailed pursuant to law. All persons present at this hearing were given an opportunity to be heard and present written statements. The council also considered re- ports and recommendations of the City Staff and Planning Commission. WHEREAS, upon vacation of the above-described street right-of-way, public interest in the property will accrue to the following-described abutting proper- ties: 1. The south 825 feet of the SE 1/4 of the SW 1/4 of Section 13, Township 28, Range 22. 2. Except the North 806 feet of the North 1741 feet of the W i/2 of the SE 1/4, lying easterly of the center line of Sterling Street and North- . westerly of I-494, subject to roads and easements in Section 13, Town- ship 28, 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. Cores.truction of street at a safe grade across the steep slope in this area would be cost-prohibitive. 2. The properties that abut this right-of-way can be accessed from other improved streets. This vacation is subject to the retention of: 1. (Trail easement legal description) 2. (Water main easement legal description) Seconded by Councilmember Rossbach. Ayes - all. 11. Councilmember Anderson moved to approve the Maplewood Highlands Addition preliminary plat to create 47 single dwelling lots subject to the following conditions being satisfied before final approval: a. Construction contracts having been signed for a stormwater improvement project, based on the ski-jump property stormwater feasibility study. The City Council may waive this requirement if the feasibility study shows that the additional volume of j water from this plat will not have an adverse effect on the ski- ! jump property. b. The plat shall be revised, as necessary, to conform with the approved location for Sterling Street, based on a feasibility study to determine the location. c. Construction of Lake Drive (Gonyea's Oak Heights plat) having been guaranteed to the west property line of this site. d. Show a 120-foot-diameter cul-de-sac bulb at the end of Crestview Drive. The location must be approved by the City Engineer. - 6 - 2/22 e. The plat shall be revised as necessary to show a "pedestrian way" at least ten feet wide in the vicinity of the east property line for a trail access to Pleasant View Park. The trail may have to be located outside of the Sterling Street right-of-way to de- sign a safe trail grade due to the steep slope. The City shall de- sign this trail and decide whether it can be cost-effectively con- ' structed. If it is to be constructed, the applicant is to construct it to City standards and be reimbursed his costs from PAC funds. The amount of reimbursement shall be agreed to when the developer's agreement is signed. I f. The location of each of the Williams Brothers pipelines within 100 feet of the site shall be located by land survey (including depth below grade). A confinement easement shall be obtained from Williams Brothers, and it shall be shown on the plat. g. The cul-de-sac bulbs for proposed Mary and Snowshoe Courts shall be shifted to be symmetrical or, if to be asymmetrical, the rights-of-way shall be modified so that the curb radius between the bulb and the return is not less than 50 feet. h. The north line of Lot 9, Block One, shall be revised to be perpendicular to the Crestview Drive right-of-way. i. The streets shall be renamed as follows: (1) "Mary Court" to "Mary Place" (2) "Bartelmy Court" to "Marnie Court" (3) "Crestview Drive" to "Crestview Court" (4) "Lakewood Drive" to "Schadt Drive" j. The two pine trees located near the east line of the site shall be accurately located. As far as practical, the proposed rights-of-way shall be located so as to protect these trees. The cedar/juniper trees in the southwest portion of the site shall also be located. If they could be lost during construction, they shall be relocated elsewhere on the site, if relocation could be success- ' ful. This determination shall be made by a forester or similar specialist. k. City Engineer approval of final grading, utility, erosion control and drainage plans. These plans shall include, but not be limited to, the following: (1) Impervious surface area from Block Three shall be diverted to the street. (2) The looation and species of all trees four inches or more in diameter shall be shown on the grading plan. Those trees to be saved shall be designated on this plan and in the field. All of these trees to be lost shall be replaced, not to exceed ten trees per acre. - 7 - 2/22 (3) The drainage easement proposed in the northeast corner of the site shall be revised, if necessary, to conform with the storm water ponding plans approved for the ski-jump property (Condition A.). (4) These plans shall address the concerns raised by the Soil Conservation Service in their letter dated December 23, 1987. (5) Include a pipe from the on-site pond to the ski-jump pond. 1. Submission of a signed developer's agreement and required surety for all on-site public improvements, any tree relocation or replanting and construction of a trunk water main to the north. This agreement shall also: (1) State the specifications and cost reimbursements to the applicant for the construction of the trail (Condition F.) and the parking lot/cul-de-sac bulb (Condition I4.2.) (2) Include construction of a 15± car parking lot on the park property at the end of Crestview Drive (Court). The City shall design the parking lot. The developer shall construct the parking lot and be reimbursed for his costs from PAC funds. The amount of reimbursement shall be agreed to in the developer's agreement. (3) Include a pipe and acquire an easement from the on-site pond to the ski-jump pond. m. Recordable deed restrictions to be recorded Co run with the title of the affected parcels, shall be submitted to the City along with the appropriate recording fees to: (1) Require that all of the runoff from the roofs and driveways for the homes to be built on Lots 1 - 13, Block Three, to be diverted to Schadt Drive. The restriction shall also state that rain gutters and acceptable site grading and/or run-off retainage systems shall be employed and maintained for the life of each property, as required by the City Engineer. The City Engineer shall review the grading and sodding plans for each lot prior to the is- suance of a building permit. (2) Prohibit the construction of a dwelling within 100 feet of the Williams Brothers pipeline. (The lots that appear to be affected are Lots 19 - 21, Block Two and Lot 13, Block Three.) The developer shall also notify the I purchasers of the pipeline location. o. Lakewood (Schadt) Drive shall be designed as a minor collector street. - 8 - 2/22 p. Delete Outlot A in fav~ o£ the proposed drainage easement - and extend the abutting lot lines through this area. Seconded by Councilmember Juker. Ayes - all. 12. Councilmember Anderson introduced the following resolution and moved its adoption: 88-2-21 WHEREAS, the City of Maplewood initiated a rezoning from F, farm residence, to R-1, single dwelling for the following-described property: The south 825 feet of the southeast 1/4 of the southwest 1/4 of Section 13, Township 28, Range 22. WHEREAS, the procedural history of this rezoning is as follows: 1. This rezoning was initiated pursuant to Chapter 36, Article VII of the Maplewood Code of Ordinances. 2. This rezoning was reviewed by the Maplewood Planning Commis- - sion on February 1, 1988. The Planning Commission recom- mended to the City Council that said rezoning be approved. 3. The Maplewood City Council held a public hearing on February 22, 1988, to consider this rezoning. Notice thereof was pub- lished and mailed pursuant to law. All persons present at said hearing were given an opportunity to be heard and present writ- . ten statements. The Council also considered reports and recom- mendations 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 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 ade- quately safeguarded. 3. The proposed change will serve the best interests and conveni- ences 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. - 9 - 2/22 5. Rezoning to R-1, single dwelling, would eliminate the potential of any farm-related nuisance uses, such as the raising of livestock, occurring in this single-dwelling neighborhood. Seconded by Councilmember Juker. Ayes - all. 13. Mayor Greavu introduced the following resolution and moved its adoption• I 88-2-22 WHEREAS, it is proposed to establish right-of-way and construct Sterling Street with associated utilities from Carver Avenue north to the proposed Maplewood Highlands plat and to assess the benefited property for all or a portion of the cost of the improvement, pur- suant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the City Engineer for study and that he is instructed to report to the Council with all convenient speed advising the Council in a preliminary way as to whether the proposed improvement is feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Seconded by Councilmember Rossbach. Ayes - all. 2. 7:10 P.M., Code Amendment: Private Garages {2nd Reading- 4 Votes) a. Mayor Greavu convened the meeting for a public hearing regarding a proposed code amendment that would allow garages up to 1250 square feet on lots over one acre in size. b. Manager McGuire presented the Staff report. c. Director of Community Development Olson presented the specifics of the proposal. 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. Mayor Greavu introduced the following ordinance and moved its adoption: - 10 - 2/22 ORDINANCE N0. 621 AN ORDINANCE AMENDMENT REGULATING RESIDENTIAL GARAGES THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section I. The definition of 'private garage' in Section 36-6 is amended as follows: Private garage: A private garage is an accessory building designed or used for the shelter or storage of motor vehicles. Section 2. Section 36-77 is added as follows: Sec. 36-77. Private garages. (a) Private garages are limited to one attached and one detached garage for each lot. (b) Each private garage shall not exceed 1,000 square feet of floor area on a lot under one acre and 1,250 square feet on a lot of one acre or more. (c) A private garage shall not exceed one story in height as viewed from the street. Detached garages shall not include living space. Section 3. This ordinance shall take effect upon its passage and publication. Passed by the Maplewood City Council on February 22, 1988. Seconded by Councilmember Bastian. Ayes - all. G. AWARD OF BIDS None. H. UNFINISHED .BUSINESS 1. Variance - Steingraber - 2648 Minnehaha a. Manager McGuire stated that since the Council approved second reading of the code amendment to allow private garages to be 1250 square feet on a lot of one acre or more, Mr. Steingraber does not need a variance. b. Councilmember Bastian moved to deny the request of Mr. Steinbraber for a variance to construct a 1250 square foot QaraQe. Seconded by Councilmember Anderson. Ayes - all. 2. Dege Garden Center a. Conditional Use Permit Renewal b. Initiation of Plan Amendment and Zone changes - 11 - 2/22 1. Manager McGuire presented the Staff report. 2. Director of community Development Olson presented the specifics of the request. 3. John Daubney, attorney representing Mr. George Dege, and Mr. Dege spoke on behalf of the proposal. 4. The following area residents expressed their views regarding the Dege Garden Center: Irving Dreher, 814 Mayhill Road Duane Golaski, 804 Mayhill Road Don Gschlecht, 825 Mayhill Road Scott Everson, 2713 Seventh Street Letter From Mr. and Mrs. Cronks, 2695 E. Seventh St. Scott Gilbert, 817 Mayhill Road Edward Collins, 2687 E. Seventh Street John Strauch, 2707 E. Seventh Street Stan Dege, Brother of George Dege. 5. Mayor Greavu moved to initiate a revision to the conditional use permit to delete the approval of outdoor sales in the R-1 Zone and include the garage Seconded by Councilmember Anderson. Ayes - Mayor Greavu, Councilmembers Anderson, Juker and Rossbach Nay - Councilmember Bastian. 6. Councilmember Anderson moved to initiate a rezoning to BC for the outdoor sales area and a plan amendment from RL residential low density to SC service commercial for all the commercial uses on Century Avenue south-of Seeehth Street provided that Mru, Dege submits an application for Design Review Board approval to upgrade the outdoor sales area and .screen the adjacent residential lot at 814 Mayhill and pays the $150 application fee for the plan amendment. Seconded by Councilmember Juker. Ayes - Mayor Greavu, Councilmembers Anderson and Juker Nays - Councilmembers Bastian and Rossbach 3. Frost Avenue Striping a. Manager McGuire presented the Staff report. b. Director of Public Works Haider explained the Frost Avenue Striping. c. No action taken. I. NEW BUSINESS 1. Expanded Hours Compost Site a. Manager McGuire presented the Staff report. - 12 - 2/22 b. Councilmember Juker moved to authorize additional five hours per week on Wednesdays for the compost site and instructed the Manager to investigate the hiring of two (2) part-time temporary employees. Seconded by Councilmember Anderson. Ayes - all. 2. Bus Route Addition Deleted from Agenda 3. Highway 120 Agreement a. Manager McGuire presented the Staff report. b. Mayor Greavu moved to approve the Mn. DOT agreement to cover the City cost for the Highway 120 improvements and authorize funding the project from the state aid street construction account. Seconded by Councilmember Bastian. Ayes - all. 4. County Road C - Approval of Preliminary Plat - Project 86-25 a. Manager McGuire presented the Staff report. b. Councilmember Anderson introduced the following resolution and moved its adoption• 88-2-23 WHEREAS, Ramsey County has prepared plans for reconstruction of County Road C within Maplewood from White Bear Avenue to Ariel Street. WHEREAS, the City Engineer has reviewed such plans and presents said plans to the Council for approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: The preliminary plans for reconstruction of County Road C from White Bear Avenue to McKnight Road, SAP 62-623-30, City Project 86-25, are approved. This approval is independent of proposed cooperative agreements for the construction of this project. Seconded by Councilmember Rossbach. Ayes - Mayor Greavu, Councilmembers Anderson and Rossbach Nays - Councilmembers Bastian and Juker. 5. Representation - Regional Transit Board a. Manager McGuire presented the Staff report. - 13 - 2/22 b. Mayor Greavu moved to appoint Charlotte Wasiluk to the Regional Transit Board Advisory Committee. Seconded by Councilmember Anderson. Ayes - all. 6. Cave's Junek Park Addition Final Plat i a. Manager McGuire presented the Staff report. b. Councilmember Rossbach moved to approve Cave's Junek Park Addition final plat and to waive Condition 9. Seconded by Mayor Greavu. Ayes - Mayor Greavu, Councilmembers Bastian, Juker and Rossbach Nay - Councilmember Anderson. 7. Public Improvement Project Fund a. Mayor Greavu moved to establish budgets for the following feasibilitity studies: PROD. NO. FUND TITLE BUDGET 84-14 Walter Street $ 12,000.00 85-08 Edgerton & Roselawn Storm Sewer .40,000.00 86-01 Condor Storm Sewer 5,000.00 86-07 Upper Afton Road - McKnight to Century 30,000.00 86-25 County Road C, White Bear to McKnight 12,000.00 86-27 Larpenteur Avenue - 35E to Desoto 3,000.00 87-04 McKnight Rd. Phase II Larpenteur to 36 10,000.00 87-OS McKnight Rd. Phase III Beaver Lake to Conway 15,000.00 87-13 Meyer Street Water 5,000.00 87-14 Holloway Avenue - Beebe Rd. to Furness 5,000.00 87-19 Boxwood Avenue - McKnight to Dorland 6,300.00 87-20 Ferndale Street Storm Sewer 5,550.00 87-21 Ski Jump Property Storm Sewer 10,000.00 87-31 Harvester Avenue Storm Sewer 4,100.00 87-32 Footprint Lake Storm Sewer 15,000.00 87-44 Highway 61 Watermain at Kohlman 6,000.00 87-45 Sterling St. & Schaller Dr. Imp. 3,700.00 Seconded by Councilmember Anderson. Ayes - all. J. VISITOR PRESENTATION None. K. COUNCIL PRESENTATIONS 1. Merger Councilmember Bastian deleted this item. - 14 - 2/22 2. 3-M Company a. Councilmember Anderson stated he had received a letter from 3-M Company enlisting help in reducing their taxes. b. No action taken. 3. Goals i a. Councilmember Anderson suggested the Council start setting goals. I 4. Manager's Meeting a. Councilmember Juker stated Council should establish a date to meet with the Manager. b. No action taken. L. ADMINISTRATIVE PRESENTATION 1. St. Paul Water Board a. Manager McGuire stated there is a meeting Tuesday, February 23, 1988, at the State Office Building, Room 306, to discuss suburban representation on the St. Paul Water Board. M. ADJOURNMENT. 10:31 P.M. City Clerk - 15 - 2/22