Loading...
HomeMy WebLinkAbout2000-04-17 Regular MinutesROLL CALL: OFFICIALS: TUKWILA CITY COUNCIL April 17, 2000 7:00 p.m. Council Chambers City Hall REGULAR MEETING MINUTES CALL TO ORDER/PLEDGE OF ALLEGIANCE: Mayor Steven M. Mullet called the Regular meeting to order at 7:02 p.m. and led the audience in the Pledge of Allegiance. City Clerk Jane Cantu called the roll of Council. Present were Council President Joe Duffle and Councilmembers Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, David Fenton and Richard Simpson. Assistant City Administrator Rhonda Berry; City Attorney Bob Noe; City Clerk Jane Cantu; Deputy City Clerk Bob Baker; Police Chief Keith Haines, Community Development Director Steve Lancaster; Public Works Director Jim Morrow; Parks Recreation Director Don Williams; Human Services Coordinator Evelyn Boykan; Assistant Planner Deborah Ritter and Associate Engineer Mike Cusick. SPECIAL PRESENTATIONS: Oath of Office Entry Level Police Officer John Ronald Perry, Jr., Entry Level Police Officer, was introduced to Council and the audience by Chief Haines. Mr. Perry has 19 years of law enforcement experience from the United States Army and brings leadership to the City in the areas of domestic violence situations and fraud investigation. Mayor Mullet administered the Oath of Office. PROCLAMATIONS /APPOINTMENTS a. Proclamation Earth Dav April 22 Haggerton moved; Duffie seconded; to read the proclamation in its entirety. The motion carried 7 -0. Mayor Mullet read the proclamation declaring April 22, 2000, as Earth Day in the City of Tukwila and urging all citizens to celebrate by making a renewed commitment to the environment. City of Tukwila City Council Regular Meeting Minutes b. Annointments to Board and Commissions 1. Human Services Advisory Board Ed Bauch Former Tukwila Mayor Ed Bauch was introduced as a "professional volunteer" and was thanked for his tireless efforts. This appointment fills an unexpired term. Moved by Duffie; seconded by Hernandez to appoint Ed Bauch to the Human Services Advisory Board, Position #5, with a term which expires 04/30/02. The motion carried 7 -0. This 10 -year City resident is proud to serve as a member of the Parks Commission and will work hard to achieve results for the good of the citizens. This is a new appointment. Moved by Hernandez; seconded by Carter to appoint Dennis Sivak to the Parks Commission, Position #4, with a term which expires 03/31/03. The motion carried 7 -0. CITIZEN COMMENT: Anna Bernhart. 14241 59th Ave. So., Tukwila. spoke in favor of City staff sending correspondence to unsuccessful applicants of boards commission positions. She believes correspondence should thank the applicant for applying and urge them to continue their involvement in the community and to apply for future boards and commission positions. CONSENT AGENDA: 2. Parks Commission Dennis Sivak a. Approval of Minutes 04 -03 -00 Regular Meeting b. Approval of Vouchers 220262 220573, in the amount of 910,286.29 *The motion carried 7 -0. Page 2 of 11 April 17, 2000 Hernandez moved; Duffle seconded; approval of the consent agenda as presented. The motion carried 7 -0. BID AWARD: Tukwila Village Building Demolition Proiect Moved by Carter; seconded by Fenton; to award a contract to Sound Asbestos Abatement, Inc., in the amount of $95,000.00 (without Washington State Sales Tax) for the Tukwila Village Building Demolition project.* The project will result in a clean, hydro- seeded site; removal of all buildings, trash and asbestos. City of Tukwila City Council Regular Meeting Minutes PUBLIC HEARINGS: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING PARTS OF TUKWILA MUNICIPAL CODE TITLE 19, SIGN CODE, TO CLARIFY AND REVISE STANDARDS FOR SIGN PERMITS AND TEMPORARY SIGNAGE; REPEALING ORDINANCE NOS. 1274 (PART), 1649 SECTION 1, 1770 SECTIONS 68 AND 69, 1796 SECTION 3 (PART), AND 1892 SECTION 2; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE Page 3 of 11 April 17, 2000 a. An ordinance amending the Sign Code to clarify and revise standards for sign permits and temporary signage. 7:20 p.m. Mayor Mullet opened the public hearing after mentioning receipt of a letter from the Seattle /King County Association of Realtors. Assistant Planner Deb Ritter reviewed the contents of the agenda packets as it relates to this item. Included were two draft ordinances. One is the final draft of the proposal and the second is the latest version, reflecting minor changes requested at the COW meeting on March 13, 2000. The ordinance proposes changes in the following types of temporary signage: Banners, search lights, strings or pennants, streamers, festoons of lights, clusters of flags, balloons or similar devices of a carnival nature, window signs, directional signs and signage used by the Parks Recreation Department. In an effort to inform the business community, a flyer was mailed on April 03, 2000, to every licensed business in Tukwila. Approximately 1,800 flyers were mailed. The flyer outlined (at a glance) the ordinance as it currently stands and proposed changes). It also served as a notice for the open house which was held on Wednesday, April 12, 2000 and for this public hearing. Copies of the flyer were also sent to the Seattle Times, the South County Journal, Southwest King County Chamber of Commerce, the Highway 99 Action Committee, Foster Community Club, Foster Library and the Tukwila Community Center. From the flyers sent, one written comment was received, from the Seattle /King County Association of Realtors (previously mentioned). The Association spoke in favor of the real estate related changes. Additionally, one person attended the open house. That individual (believed to be an apartment manager) expressed concern regarding the needs of apartment complexes and their desire for off premises directional signage. Ms. Ritter then provided Council with a brief overview of the proposed changes in the five areas of the ordinance and summarized her comments. She noted that depending upon the outcome of this public hearing, the proposed ordinance may be presented at the May 15 Regular City Council meeting for consideration and possible adoption. CITIZEN COMMENT: None were received. City of Tukwila City Council Regular Meeting Minutes Councilmember Fenton noted this item was discussed at length at the Community Affairs and Parks Committee and COW levels. He spoke in favor of the ordinance. Mayor Mullet closed the public hearing. COUNCIL DELIBERATIONS: In the interest of preventing a longer public hearing, Councilmember Carter thought it "would be better to set aside discussion of this until another session." She spoke of the two, related public hearings which are upcoming where much more input may be received. Councilmember Fenton spoke against the recommendation. Ms. Carter specifically has "problems with window signs being overly restrictive" as far as businesses that do not have windows. They cannot have the temporary signs and that is her concern. Mayor Mullet polled the Council to determine how they would like to act this evening. They can adopt the ordinance or remand the item back to COW for further discussion and consideration. Councilmembers Hernandez, Duffie, Haggerton, Linder and Simpson spoke in favor of adopting the ordinance this evening. Moved by Fenton; seconded by Duffie; to have the proposed ordinance read by title only. The motion carried 7 -0. City Attorney Bob Noe read the title of the proposed ordinance. Moved by Duffle; seconded by Fenton; to adopt the ordinance as presented.* *Discussion ensued wherein Councilmember Carter expressed concern that this ordinance favors businesses with more window space. She believes this to be "an inequity in the amount of temporary signs you can have, based on the square footage of window surface." Councilmember Haggerton asked staff if any business had come forward with the same concern. Councilmember Fenton responded in the negative. Ms. Linder reminded Council this item had been considered by the Planning Commission already. No business owners came forward at that venue as reported by Community Development Director Steve Lancaster. 7:36 p.m. Councilmember Duffie called for the previous question. *The motion carried 6 -1; Councilmember Carter voting no. Approved Ordinance 1913 b. Quasi- Judicial: Fosterview Estates subdivision planned residential development: Approval of codes, convenants and restrictions Page 4 of 11 April 17, 2000 City Attorney Bob Noe reminded Council that a planned residential development plan was submitted at the same time as a preliminary plat application. These actions were commenced in 1994. City of Tukwila City Council Regular Meeting Minutes Tukwila Municipal Code 18.46 speaks to conditions on covenants and restrictions (CC &R's) that apply to development once they reach the status of being ready to apply for building permits. That provision requires the City Council and the City Attorney approve the CC &R's. Mr. Noe then asked Council if any conflicts existed which would prevent them from hearing this matter. To avoid the appearance of impropriety, Councilmember Carter recused herself from this public hearing and the next. She is not required to recuse herself, yet noted she was one of the citizens that appeared before the Council years ago who opposed this development, and (relative to the Appearance of Fairness Doctrine) paraphrased the Courts by saying "you don't want to even create the suspicion, generate the misinterpretation that there is any impropriety, partiality. anything like that." Ms. Carter requested notification when she could return to participate in the discussion and /or consideration of OLD BUSINESS, item (b) and for REPORTS. Ms. Carter then exited the building. Councilmember Haggerton disclosed that prior to his tenure on the City Council, he was on the Planning Commission for nine (9) years. During his tenure on the Planning Commission, they heard the first permit applications, public hearings, etc. that related to Fosterview Estates. For the record and to the applicant, Mr. Haggerton stated he could fairly and objectively consider this matter. The applicant voiced no objection to Mr. Haggerton's disclosure. 7:42 p.m. Mayor Mullet opened the public hearing. City Attorney Bob Noe administered an oath to those who would testify. Page 5 of 11 April 17, 2000 Staff Presentation on the issue was presented by Department of Community Development Director Steve Lancaster. On April 25, 1994, the City Council approved the Fosterview Estates planned residential development (PRD). At that time, there were 41 proposed residential lots in for the development. That number has been reduced to 40 in the current proposal. These are single family homes. The location of the proposed development is between 42nd and 43rd Ave. So. at So. 137th Street. City staff, including City Attorney Noe, have reviewed the CC R's and have found they contain standard provisions for the establishment of a homeowner's association, prohibition of nuisance uses, protection and maintenance of the common areas, and aesthetic control over the built environment. They have been reviewed and approved as to form and content. Therefore, staff supports the applicant's request for approval of the CC &R's, by the City Council, per the requirements of TMC 18.46.115. Brent Carson, 1011 Western Ave.. Suite 902. Seattle, 98104, appeared on behalf of applicant John Kappler, Kappler Architects. Speaking to the CC R's, Mr. Carson explained them as a set of restrictions of how this land is to be used. They contain specific language regarding the protection of open space easements (protecting open space areas), indemnification and hold harmless agreements for the City for certain situations. The CC R's presented this evening seem to be fairly industry standard which protect the quality of the project. City of Tukwila City Council Regular Meeting Minutes Page 6 of 11 April 17, 2000 Ron Lamb. 4251 So. 139th. reserved his right to speak during the next public hearing and noted he was opposed "very strongly to holding two public hearings on essentially the same issue." Councilmember Hernandez asked Mr. Lancaster what recourse the City has if a homeowners association does not maintain the common areas, wetlands, repairs, drains, fences, retaining walls, etc. Mr. Lancaster responded the City's recourse has to do with both the conditions of the plat approval and the sensitive areas ordinance. There are specific provisions on the plat with regard to long term maintenance and protecting those areas. The City also has a sensitive areas ordinance that prohibits certain activities within those areas. City Attorney Noe advised Council may want to withhold making a decision on this issue until after the next hearing has been completed. Councilmember Haggerton asked why there are two public hearings. City Attorney Noe said these are really two different and distinct issues. These are being done separately for clarity sake so as not to confuse the issues. Hernandez moved; Duffle seconded; to table this issue for purposes of Council consideration until Council has heard the next quasi judicial matter; and close the issue for purposes of receiving any additional testimony. The motion carried 6 -0. c. Fosterview Estates subdivision final plat approval. 7:56 p.m. City Attorney Bob Noe explained this is a typical, open- record, quasi-judicial hearing. In 1995, the City Council passed Resolution 1335 which indicates how these proceedings are to be conducted. Mr. Noe then reviewed the contents of the cited resolution for the benefit of Council and the audience. In the end, Council is directed to specify findings of fact and conclusions of law on which it bases any decision. Mr. Noe advised decisions of this type of hearing are appealable to the King County Superior Court. Further, as directed in the RCW, the following conditions must be met: 1. The proposed final plat bears the required certificates and statements of approval. 2. A title insurance report furnished by the subdivider confirms the title of the land, and the proposed subdivision is vested in the name of the owners who signatures appears on the plat certificates. 3. The facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC 17.24.030. 4. The plat is certified as accurate by the land surveyor responsible for the plat. 5. The plat is in conformance with the approved preliminary plat. 6. The plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect and the time of preliminary plat approval. Mr. Noe stated said in essence, the job of the City Council is to review the decisions made prior to final plat approval including any conditions imposed at that time; and to determine whether those decisions and conditions have been carried out. Any decision of the City Council must be supported by substantial evidence in the record. City of Tukwila City Council Regular Meeting Minutes Page 7 of 11 April 17, 2000 8:00 p.m. Mayor Mullet opened the public hearing and City Attorney Bob Noe administered an oath to those who would testify. Steve Lancaster informed Council that the case before them (case file L99 -0018) is the request of John Kappler, representing Dujardin Homes for approval of the final plat approval of Fosterview Estates. The preliminary plat approval came on April 25, 1994. The proposed project at that time was 41 single- family lots and the current proposal for final plat approval is for 40 single family, residential lots. The location of the proposed development is between 42nd and 43rd Ave. So. at So. 137th Street. Councilmember Hernandez asked Mr. Lancaster how the amounts of performance bonds are determined. Mr. Lancaster replied that typically bonds are arrived at by adding an estimate of the work that is covered by bond and done by private contractors in that line of business. They are provided to the City for review and approval. Further, he is satisfied that the amount of the bonds dealing with the wetlands work and sensitive areas are adequate. There are also bond which deal with public infrastructure which would be more appropriate addressed by Public Works Director Jim Morrow. Councilmember Haggerton asked how the DCD came to recommend approval of the plat, as presented, including relief from the requirement to build a bioswale. Mr. Lancaster noted there were some conflicting recommendations and the geotechnical information recommended the bioswale and against introducing additional water into the specific area where the bioswale was being recommended due to potential sliding issues. As the project progressed and the potential sliding was brought to City staffs attention, alternative /equivalent levels of water quality protection were considered. Staff agrees the condition to build a bioswale should be waived. Brent Carson. 1011 Western Ave., Suite 902. Seattle. 98104. appeared on behalf of applicant John Kappler, Kappler Architects, presented an overview of their case and apologized for a project that has not always gone as planned. He noted that although communication could have been better, they are proud of the plat which conforms to the preliminary plat approval. Mr. Carson pointed out specific areas wherein improvements were necessary and have been made. Areas addressed have included, but are not limited to road grades, tree removal, unstructured fill being removed and replaced with structured fill and the bioswale issue. At this point, Mr. Carson outlined the contents of the binders presented to Council which contained some exhibits for consideration. He noted more exhibits are forthcoming. He noted his client had two sets of conditions with which to comply: 1) SEPA and 2) Preliminary Plat. His client has complied on all issues from both sets of conditions. John Kannler, annlicant. 13400 SE 16th. Bellevue, came into this project in 1988. His office is responsible for home design for the proposed, single family residential lots. His focus was to design homes. He did that. He then went to City officials. In an attempt to coordinate issues and bring resolution to those raised by the City, he began work as a para project manager. He noted Fosterview Heights" [sic will be a very nice neighborhood and that input from the City resulted in an improvement over his originally designed homes. Finally, he noted site problems were not atypical. City of Tukwila City Council Regular Meeting Minutes The following, additional exhibits were introduced as a continuation to those found within Council binders for this hearing: Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Three color copies topographical maps area in question Artists rendition home elevations some uphill /some down hill Artists rendition streetscape homes with uphill lots Artists rendition streetscape homes with downhill lots Notebook memo dated 4/12/00 listing 16 separate documents of Correspondence Letter dated 04/17/00 Shannon Wilson Report dated 06/09/99 Page 8 of 11 April 17, 2000 Anna Nelson. Buck Gordon. Land Use Planner, representing Dujardin spoke about each of the six previously named conditions which must be met for final plat approval. She asserts the client has complied with each of the imposed conditions and asks Council for final plat approval. Additionally, she asked Council to relieve Dujardin from building the bioswale as wet vaults will be used. Finally, she asked Council to approve SEPA mitigation factors and noted the intent of the SEPA mitigation will have been met. Eric Teets. 18530 76th Ave. W.. Suite B. Edmonds, noted that when his company designs any type of water quality facilities, they follow the Washington State Department of Ecology's Standards. There are several ways of meeting water quality standards. One is with a bioswale and another is with wet vaults and wet ponds as well. When the plat in this case was proposed, bioswales were proposed. In lieu of building a bioswale, Teets was allowed to create wet vaults. These are an equivalent method for treating water runoff. Anil Butail, President. Terra Associates. 12505 Willows Road, Kirkland, has been associated with the project quite possibly the longest (in addition to the builder). When the project came to his attention and he viewed the property, he was aware there would be challenges. Grading, for example, was to be somewhat of a challenge, yet grading was essentially completed in 1999. A deficiency was found due to the use of uncontrolled fill on lots 1 -20. Said uncontrolled fill was removed and stable fill was then put in place. His firm would not confirm plans until they were totally satisfied that conditions were met. They want to review every house foundation for stability and are consistent with good, sound, engineering practices. Councilmember Duffle asked how long Mr. Butail and his company are prepared to stand behind their homes. Mr. Butail said it is not a question of how long. The work is done in accordance with current, good engineering practices. Councilmember Haggerton asked Mr. Butail about home plans which at one point were returned for corrections. Mr. Butail replied that some have been received back in his office and are satisfactory to his company. Those which must still be returned, in Mr. Butail's opinion, will also be returned with satisfactory corrections. Brent Carson. 1011 Western Ave.. Suite 902, Seattle. 98104, concluded with a clarification. The plans Mr. Butail referred to are building permit applications. City of Tukwila City Council Regular Meeting Minutes 9:05 p.m. recess. 9:22 p.m. Mayor Mullet reconvened the public hearing. Page 9 of 11 April 17, 2000 Hearing no objection from the Council, Mayor Mullet called for a 10 minute Rand Koler. Attorney at Law. 760 2nd Ave. Suite 760. Seattle. appeared on behalf of Ron and Nancy Lamb. Mr. Koler stated this is an unusual situation and in broad strokes, the developer has intentionally disregarded the City's condition for approval of the development. The City is asked to approve this development in spite of the recommendations of its own consulting expert and he submits the action asked is out of conformance with the legal requirements of this body. Mr. Koler's client is of the opinion the developer has not complied with the conditions imposed for plat approval. A barrage of explanations, counter proposals and mitigating factors have been presented, but "unequivocally, the conditions have not been met." He then discussed the preliminary plat, SEPA conditions and a land altering permit review. He noted 77 permit violations were reported by Shannon and Wilson over 10 months ago and noted no follow up has been conducted to ensure corrections have been made. In fact, he said, several errors have been acknowledged, yet no correction has been made. Mr. Koler stated his clients do not believe there is legal authority to permit a waiver to the final condition imposed by the Council in the preliminary plat approval. Issues need not be addressed on a lot by lot basis; rather, they should be addressed systematically. Koler stated there are still substantial public health and safety issues of concern which have not yet been addressed. He can find no explanation for the dilatory activity on the part of the behavior. There's no excuse for not having these items dealt with. He said the Council should not grant such a concession in the absence of extraordinary circumstances. Questions were then asked by Council regarding the violations, their resolution, and the contents of the Shannon and Wilson letter which is attachment D in the staff report. 9:41 p.m. Ron Lamb, 4251 So. 139th. Tukwila, asked Council if hold harmless language is standard for a subdivision. Mr. Lancaster stated a City ordinance requires that where there are slopes of this nature, hold harmless language is required. Mr. Lamb stated that six years ago, neighbors of this site, during the preliminary plat hearings, warned that this development would be a problem. They are warning the Council again. He asked Council to review everything in the record at this point. Siting points from the Shannon Wilson letter, Mr. Lamb reviewed several deficiencies rebutted by Public Works Director Jim Morrow. Mr. Lamb concluded by asking the City where an independent voice is. He informed Council that he and his wife have hired a geotechnical firm and they are in the process of compiling a report while reviewing the project. The report is not yet ready. He noted the City must feel there are life saving issues here as the call for hold harmless language exists. The City Council must protect the citizens. "The call for hold harmless language proves it." City of Tukwila City Council Regular Meeting Minutes In closing, He urged the City Council to deny final plat approval. Pam Riess. 13531 43rd Ave. So.. Tukwila. is a neighbor who has endured this project to its current condition. She is appreciative of City staff and not necessarily opposed to the final plat approval; yet she spoke of her concern of site stability and drainage issues. 9:50 p.m. Rebuttal by Brent Carson. He asked the Mayor for a 5 minute break to review letters previously submitted as Exhibits L M. Mayor Mullet noted a recess from this hearing would be granted for Council to consider other (still pending) issues. NEW BUSINESS: (TAKEN OUT OF ORDER BY CONSENSUS OF COUNCIL) 9:51 p.m. Authorize contract with KPG 2000/2001 Overlay Program Page 10 of 11 April 17, 2000 Fenton moved; Duffie seconded; to authorize Mayor Mullet to sign a contract with KPG, Inc., in the amount of $94,598.35 for PS E for the 2000 and 2001 overlay programs. The motion carried 6 -0. In the essence of time, Fenton moved; Linder seconded; to strike Old Business, Item (a) and REPORTS from this agenda and place them onto the April 24, 2000, COW agenda. The motion carried 6 -0. c. Fosterview Estates subdivision final plat approval. (continued) Brent Carson presented rebuttal testimony on this issue. He noted that despite confusion, the Shannon and Wilson letter is in the record in the Geo- Technical binder (tab 33). It responds point by point to the letter by Terra Associates. He went on to note 67 of 77 issues have been resolved. Mr. Carson stated the Lambs concerns are unfounded due to the fact they were unhappy with the preliminary plat approval. Due to the fact bonds were imposed as a condition for preliminary plat approval and they have secured such bonds, again, his clients are in compliance with the conditions of approval. Amil Butail also provided additional information. He noted land slides have not occurred on the property and reassured Council that the earth movement previously spoken of was simply saturated dirt (unsecured, loose unstructured fill material). Said fill material has been replaced. Brent Carson, in re- rebuttal, urged Council for final plat approval. Rand Koler, referring to the Land Altering Permit, noted most deficiencies are accompanied by suggestions on how to rectify the situation. He asked Council not to consider remedial issues. He said the geotechnical report regarding slope stability is key to public health and safety. And, finally, he stated too many issues have been met with disregard and denial of the final plat is called for. Ron Lamb, in closing, asked Council once again where is the independent review. He said if they don't have one, they're "hanging out to dry." City of Tukwila City Council Regular Meeting Minutes Brent Carson, in closing, asked the Council to consider revising Resolution 1335 to include verbiage stating that the applicant has the burden of proof and therefore, should have the final rebuttal. Mr. Carson stated the final plat map identifies solutions to the issues raised in the Shannon Wilson letter previously discussed. Questions between Council and staff were asked and answered regarding deficiencies, offsite properties being protected landslides and geotechnical scrutiny on this project. 10:39 p.m. Mayor Mullet closed the public hearing. Council concurred to not take immediate action this evening. Rather, they decided to allow time for review of the records, testimony and admitted exhibits in order to make an informed decision. At this time, Council agreed to discuss the matter further at the April 24, 2000, COW meeting. From there, proposed findings of fact and conclusions of law may be drafted by staff and presented at the May 1, 2000, Regular meeting. OLD BUSINESS: (TAKEN OUT OF ORDER BY CONSENSUS OF COUNCIL) a. An ordinance vacating a portion of 43rd Place South within Fosterview Estates. Stricken from this agenda. See related motion on page 10. 10:46 p.m. b. A resolution urging support for the April 25 Tukwila School District Levy Election (Councilmember Carter returned to Chambers for a vote on this item) Carter moved; Duffie seconded; to have the resolution read by title only. The motion carried 7-0. City Attorney Bob Noe read the title of the proposed resolution. Duffle moved; Fenton seconded; to approve the proposed resolution as read. The motion carried 7 -0. ADJOURNMENT: 10:49 p.m. Having no other business to come before the Council, Duffie moved; Hernandez seconded; to adjourn the Regular meeting. The motion carried 7 -0. 1\A \vLCL� P\dJ t 1-- Steven M. Mullet, Mayor Robert H. Baker, CMC, Deputy City Clerk Page 11 of 11 April 17, 2000 Date Minutes Approved: Mav 1, 2000.