HomeMy WebLinkAbout2000-08-14 Committee of the Whole MinutesROLL CALL: Council Analyst Lucy Lauterbach called the roll of Council. Present were Council
President Joe Duffie; and Councilmembers Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder,
David Fenton, and Richard Simpson.
OFFICIALS: Steve Mullet, Mayor; John McFarland, City Administrator; Alan Doerschel, Finance
Director; Steve Lancaster, Community Development Director; Keith Haines, Police Chief; Jim Morrow,
Public Works Director; and Lucy Lauterbach, Council Analyst.
TUKWILA CITY COUNCIL
August 14, 2000 7:00 p.m.
Council Chambers City Hall
COMMITTEE OF WHOLE MEETING MINUTES
CALL TO ORDER: Council President Joe Duffie called the Committee of Whole meeting to order and
led the audience in the Pledge of Allegiance.
CITIZEN COMMENT /CORRESPONDENCE:
Dwayne Traynor, 14910 58th Avenue South. Tukwila, expressed disappointment with the Planning
Commission for allowing a four -story building (school) to be constructed within his residential area.
Mr. Traynor requested Council's assistance regarding Tukwila Elementary School. He complained of
the school's HVAC system's low- pitched hum that resonates throughout the neighborhood 24 hours a
day, seven days a week. He seeks a resolution before the school year begins.
Council President Duffie reported another person also brought the issue to his attention last week. The
school is aware of and is working on a solution.
Joanne McManus. 5610 S 133rd. Tukwila, referred to an article about the recent award of a federal
grant to Tukwila. She questioned if the City would be in jeopardy of losing the grant if the City decides
to relocate City Hall on the Highway. Administrator McFarland noted the grant was not specific
concerning the exact expenditure of the funds but only refers to a mixed use project to revitalize the area
with some City presence. The grant application was not specific regarding which City offices would
relocate. The grant was awarded based on the demographic area and economic revitalization needed in
the area. Additionally, the area was declared an urban renewal zone.
Ms. McManus said the Council appears to be split on many of the issues coming before the them. She
does not believe Council is working as well together as they should be. It is obvious to citizens that the
Council seems to be divided (4 for and 3 against) on many issues.
Mr. Skip Traynor commented that a divided Council is the best thing to have for the citizens of
Tukwila.
Dwight McLean. 13015 38th Ave South. Tukwila International Boulevard, Tukwila, echoed the
same sentiments and said if the Council was not divided, he would be concerned.
Mr. McLean reported the Highway 99 Action Committee is having its fifth annual BBQ on Saturday,
August 19, from 11:00 a.m. to 3:00 p.m. at Larry's Market. He extended an invitation to all present.
Larry's Market is participating and will co- sponsor the event.
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City Council of Whole Meeting Minutes
Council President Duffie asked staff if they were aware of the excessive HVAC system noise at Tukwila
Elementary School as previously reported. Director Lancaster said he is aware of the issue. He noted
the City has a number of noise issues which staff is working to resolve. Staff will obtain the assistance
of professionals who are certified in determining the problems and resolving the issues. Councilmember
Carter asked if staff is considering how to enforce the noise ordinance and if any changes should be
considered in the way noise is regulated. Director Lancaster reported there are two basic approaches to
noise regulations. The approach used by the City is based on the State's Model Noise Code that does not
apply to one -time noise situations, such as a loud party. Staff will then re- evaluate it's own noise
ordinance.
Councilmember Linder questioned what committee would be tasked with examining the issue.
Administrator McFarland reported the Finance and Safety Committee originally worked on the noise
ordinance. However, it is at the direction of the Council to refer the issue to the appropriate committee.
SPECIAL ISSUES:
a. An Ordinance Regarding Maintenance of a Public Records Index
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Councilmember Hernandez reported the Finance and Safety Committee reviewed the proposed
ordinance. The Committee supports the proposed ordinance and recommends Council approval. The
City will continue to make all public records available upon request. However, as noted by City Clerk
Jane Cantu, the requirement for indexing of records would be unduly burdensome on the City due to the
various forms of computer programs used to maintain public records.
Councilmember Carter referred to the proposed ordinance and requested staff provide additional review
and clarification concerning the terminology in the fifth "Whereas" relating to "computer systems" to
ensure the terminology was used correctly to describe the many different programs used by the City to
maintain files.
Council President Duffie referred the proposed ordinance to the next regular Council meeting for action.
b. Council Stipend and Benefits Level
Councilmember Hernandez reported this issue was referred to the Finance and Safety Committee after
the Council Retreat, in January, 2000. The last ordinance was passed in 1998. The new ordinance, if
passed, would not take effect until January, 2002, for elected officials assuming office in January 2002.
It would not benefit an existing Councilmember unless he /she was re- elected to their position. One
neighboring city recently addressed the issue and raised their stipend from $500 to $800 per month. The
Committee reviewed comparable cities for comparison purposes. One of the factors that did set Tukwila
apart, was the Council's benefit package and reimbursement plan, which could be viewed as more
beneficial than the stipend, since health benefits are so expensive.
Councilmember Carter reported she tracked her hours for several months and determined she spends an
average of 80 hours per month attending meetings and reviewing information. She concurred with the
proposed stipend. She suggested discussing whether to initiate adjustments incrementally over a four
year period to prevent one -time large adjustments.
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City Council of Whole Meeting Minutes August 14, 2000
Councilmember Linder supported the proposed ordinance and indicated the four cities used for
comparison were good choices. She supported existing language in the draft, maintaining the same level
until the other four Valley Communications cities' stipends are raised.
Councilmember Haggerton recalled Director Doerschel suggested using Valley Communications cities
for calculating an average stipend. The Committee discussed, at great length, the option of not having an
increase every year. However, members agreed to monitor stipend averages every few years, and if the
stipend fell below the median, a review would be warranted. Councilmember Haggerton said he does not
favor an annual adjustment and would prefer the Committee's suggestion.
Councilmember Carter reiterated that not reviewing the Council stipend each year might result in a larger
increase when it is reviewed.
Councilmembers Fenton and Simpson agreed with reviewing the Council stipend once every four years.
Councilmember Hernandez reported the benefit portion of the proposal would increase from $1700 to
$2,500. This amount can be used for life insurance, medical insurance, or insurance co -pays. This is
considered an additional benefit to the Council stipend. Councilmember Haggerton said the current
benefit amount of $1,700.00 is considerably lower than other cities. He reported most Councilmembers
use the full amount. Councilmember Fenton referred to escalating medical costs and suggested doubling
the amount to $3,400. Councilmember Carter noted she always supported the benefit amount equal to
the employee benefit plan amount. She noted that circumstances vary between Councilmembers
concerning medical coverage under other employee plans and likes the flexibility of the current benefit;
but would prefer to have the benefit at the same value as the cost of coverage for a Tukwila City
employee. Councilmember Linder agreed.
Dwayne Traynor, 14910 58th Ave S, Tukwila, doesn't have a problem with the Council raising their
stipend; yet urged the City to comply with Referendum 47, enacted three years ago. To the best of his
knowledge, the City has not complied with Referendum 47 regarding property tax increases.
Councilmember Carter reported the City has not raised its tax rate. Mr. Traynor disagreed and indicated
he would double -check the accuracy of his statement.
Administrator McFarland reported Referendum 47 limits the amount jurisdictions can raise local
property tax without a super majority of Council to the maximum rate of inflation. The value of property
is outside the control of the City and is fixed by the county assessor. This generates the property tax rate
in terms of the base value for property. The City assesses per thousand in property value. Currently, the
City is at the maximum rate. Administrator McFarland suggested developing an example formula to
show how taxes are calculated and assessed.
Councilmember Fenton re- stated his proposal to increase the Committee's recommendation of the
benefit amount of $2,500.00 to $3,400.00. Councilmembers Hernandez, Carter, Haggerton, Linder, and
Simpson recommended increasing the benefit amount equal to the level of cost for one, non represented
employee benefit amount ($3,050.00). The majority of the Council agreed with increasing the benefit
amount to $3,050.00.
Councilmembers discussed the stipend proposal. Councilmember Hernandez supported the Committee's
recommendation of $10,200.00 ($850.00 month) with no incremental step increases. Councilmember
Carter concurred with the proposed stipend but preferred to include incremental increases to avoid a
large increase during a one -time adjustment. Councilmembers Haggerton, Linder, Fenton, and Simpson
supported $900.00 per month ($10,800.00 annually). There was Council consensus against incrementally
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City Council of Whole Meeting Minutes
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August 14, 2000
increasing the stipend. The majority of the Council agreed to establish the annual stipend of $10,800.00
($900.00 per month) per year.
Councilmember Linder requested clarification on the employee benefit amount and indicated she would
prefer to include the value of the benefit instead of a specific dollar amount to ensure yearly benefit
increases (due to inflation and increases in medical premiums) would also be afforded automatically to
the Council's benefit amount. Director Doerschel indicated he would need to research the request to
ensure the provision meets the intent of the law.
Anna Bernhard. 1421 59th Avenue South. Tukwila. asked why the Council would receive full -time
benefits if they were not a full -time employees. Director Doerschel explained the full -time employee
benefits average approximately $7,800. Council benefits would equate to approximately 40% of full
time benefits.
Council President Duffie moved the proposal to increase the Council stipend and benefit level to the next
regular Council meeting for adoption.
c. Roundtable update on active or emerging issues
Mayor Mullet reported the Public Works, Police, Community Development Departments would provide
an update on active and emerging issues with respect to each of their departments.
Police Chief Haines briefed the Council on police and community (Highway 99 Action Committee)
partnership activities focusing on drug- related crimes on or near Tukwila International Boulevard. He
pointed out that illegal drugs drive crime. When drugs supplies are high, an increase in robberies and
burglaries occur, in addition to violent assaults and prostitution.
One component of the problem that contributes to illegal drug use is the sale of drug paraphernalia at
certain businesses on Tukwila International Boulevard. He noted that through the combined efforts of
the police, Highway 99 Action Committee, and the City, one local gas station has stopped selling illegal
drug paraphernalia items. A follow up visit by plain clothes /undercover personnel confirmed the
business is no longer selling the items due to the threat of losing its liquor license to sell liquor.
Councilmember Carter expressed support for developing ways citizens could join together to exert
pressure on businesses that sell drug related paraphernalia and other items supporting drug use.
Chief Haines met with school administration on issues related to school safety, which is important to the
community. Some time was spent on the tools available through the School Resource Officer. The
School Resource Officer will be visiting schools soon to become acquainted with staff before the
beginning of the school year. Items of focus will concentrate on increasing the officer's visibility by
streamlining some of the reporting requirements. The officer will be meeting with every sixth and ninth
grade class to introduce herself and emphasize some of the rules pertaining to littering and underage
smoking and other issues pertinent to the school and community.
Chief Haines said both the department and school administration agree that the best defense against
school violence is to have a system and relationship with students where students feel comfortable
contacting teachers and police officers when they learn about a weapon at school or someone who may
be threatening an action.
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City Council of Whole Meeting Minutes
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Chief Haines provided an update on the hotel /motel safety ordinance that was recently adopted. The
Police Department followed up with the requirement to provide crime statistics to hotels and motels
before July 31. The Department prepared letters and hand delivered to each property outlining what
steps they needed to take to comply with the ordinance. At one time there were six hotels /motels in
group three. Currently, there are only three. He noted the emphasis on the ordinance has been helpful
and has resulted in some attention by at least three of the hotels /motels that were in the most serious
category.
Chief Haines reported the Special Olympics Torch Run raised over $7,500.00 which is a 50 percent
increase over previous years.
Councilmember Haggerton thanked the Police Department for providing handgun trigger locks. He took
advantage of the program due to safety fears for his grandchildren when visiting his home.
Councilmember Carter referred to the recent apprehension of a hotel /motel burglar and asked if the
individual had been contributing to the crime rate in Tukwila. Chief Haines confirmed that he was
involved in a series of break -ins at some of the larger hotels. Some of the property recovered was stolen
from Tukwila hotels.
Public Works Director Jim Morrow provided an update on the South 180th grade separation project. The
department is conducting weekly meetings to include representatives from Kent and Renton as they are
involved in the project due to the location of water, sewer, gas lines, and fiber optic cable that cross
interjurisdictional boundaries requiring joint coordination efforts. Another major coordination effort
involved the railroad lines and the addition of a third Burlington Northern Santa Fe (BNSF) rail line to
accommodate Sound Transit.
Three additional railroad tracks would need to be built to defer the trains while the bridges are being
constructed. Recently, the team learned that the contract between Sound Transit and BNSF will not be
ready, which means deferring one of the rail projects, which will save the project additional time.
Director Morrow reported the project is on schedule to award the construction contract in May 2001.
Councilmember Haggerton asked what the routing plan would be for east /west traffic on 43rd during
construction. Director Morrow reported the City of Kent would be completed with the project on 200th,
which will become an additional east /west route, as well as detouring traffic to Grady Way. The plan is
to close 43rd during the construction period. Director Morrow indicated staff is preparing a large public
relations campaign to contact all businesses, emergency services, hospitals, and others regarding the
construction project and street closures.
Director Morrow reported the City was successful in obtaining transportation grant funding for the
Interurban project and another project, which will come before the Council for approval. He noted the
City was able to capture 40% of the available Federal dollars. The projects' designs are complete and
staff will be coming forward to the Transportation Committee at the beginning of 2001 for
recommendation on the award of the contracts.
Director Morrow said the Utilities Committee was briefed on the effects of the Endangered Species Act
(ESA) as it relates to public works projects. Each year, an extensive and aggressive vegetative control
for ditch maintenance is undertaken along with streetscaping and landscaping. This year the department
spent six to eight weeks obtaining a permit from the State to perform ditch maintenance.
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City Council of Whole Meeting Minutes
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Staff completed work on several ditches as part of the ditch maintenance program. It has taken three to
four times longer than in the past, (on average), due to the ESA, to perform routine maintenance work.
Additionally, as part of the City's public relations emphasis with the State, the State has inspected the
work and approved the completion of the maintenance work.
Director Morrow reported the National Marine Fisheries Service has recommended the State adopt the
Oregon Department of Transportation Maintenance and Operation Manuals for streets. The manual
includes labor intensive procedures. What was standard in the past is no longer possible. Eventually, the
minimal herbicide program within Tukwila will be eliminated.
Director Morrow indicated all Federal transportation project grant funding has been expended. No more
money will be allocated to the State until October 2004. He emphasized it will be a long period before
additional competitive processes occur.
Director Morrow said the City is experiencing an increase in demand for development permits.
Additionally, complexities in the permits are increasing. A normal, monthly intake is approximately 90
permits. Currently, over 120 permits a month are being received. Internal quality assurance dictates
permits are reviewed within 30 days after receipt of a permit. Currently, the department has met the
goal. However, it is becoming harder to meet the quality assurance goal due to the increase in numbers
of permits.
Councilmember Haggerton said Tukwila is one of the more fortunate cities to have a fisheries biologist
on staff. The biologist has been in charge of the ditch maintenance project and has documented the
before, during, and after processes associated with ditch maintenance procedures.
Director Lancaster reported and distributed information on recent development activity occurring within
the City. He described one of the measures used to value development activities as the value of newly
permitted construction. He shared construction values of new development occurring within the City
during 1995 through August 11, 2000. New construction activity up to August 11 for 2000 totaled
approximately $146 million. In 1999, construction activity was approximately $86.5 million. This
represents a significant increase in construction activity.
Director Lancaster explained that there is not a direct correlation between the value of construction and
the amount of government activity it takes to manage the responsibilities within the department. Some
additional measures used by the department are the number of inspections completed. In 1995, fewer
than 3,000 inspections were completed. In 1999, those inspections increased to 4,000, which represent a
25% increase. Director Lancaster said he expects a 5 -10% increase in inspections during 2000.
Director Lancaster noted the increased construction activity benefits the City by increasing the assessed
values within the City. Much of the development activity is related to the Internet business sector. Over
the past 18 months, the department has issued permits totaling 1.1 million square feet of internet- related
development activity equating to a construction value of $168 million. Currently, the department is
processing another 1.6 million square feet of new development for Internet business. Over a three -year
period, the Internet business sector will have added over $300 million in assessed valuation to the City.
Councilmember Carter stated that while many new Internet related businesses are locating within
Tukwila, they do not typically employ many employees. This does not add to traffic capacity to Tukwila
roads, but does add property valuation to the tax rolls. Director Lancaster confirmed that impacts to the
City are minimal in some areas; however, these businesses consume greater amounts of electricity due to
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City Council of Whole Meeting Minutes
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August 14, 2000
the volume of equipment to maintain room temperatures. Additionally, many of these businesses have
emergency power generators that require periodic testing.
Director Lancaster answered questions from Councilmembers on specific development proposals. He
reported ESA, Shoreline Management, and Critical Area challenges will face the City in the next few
years. The ESA 4(d) rule and the tri- county proposal on how to implement the 4(d) rule has not been
finalized and is undergoing debate and negotiation with the National Marine Fisheries Service.
Secondly, the new Shoreline Management Program Guidelines released from the Department of
Ecology, are targeted into effect this month, and are controversial. The guidelines are the third attempt
at updating the previously adopted and withdrawn guidelines.
Councilmember Haggerton requested that he be informed of progress pertaining to the 4(d) rule
negotiations due to his role within Suburban Cities.
Director Lancaster referred to Sound Transit activities and informed the Council that the City has a
pending administrative appeal for the Light Rail Environmental Impact Statement (EIS). The City
initially agreed to stay the appeal for a specified amount of time to allow Sound Transit time to complete
its analysis of the alternative route. The analysis will not be completed before the stay expires. The City
has the right to extend the stay, which will likely occur to allow Sound Transit time to complete the EIS
on the alternative and make their decision. Council action will be required in December.
A preliminary daft of the EIS is currently in review. A Supplemental EIS is expected to be issued by
mid September and the final EIS in January or February. Subsequent permitting issues will result in a
complicated development process.
Director Lancaster referred to commuter rail and reported there are ongoing discussions regarding TOD
(Transit Oriented Development) potential at the commuter rail station in Tukwila. Sound Transit has
expressed some interest in improvements to maximize the potential of the station.
Director Lancaster answered questions from Councilmembers regarding commuter rail stations.
Councilmember Fenton referred to increased development activities and workload of DCD staff and
asked if there were anything the Council could do to assist the department in transitioning to the
increased workload, such as new computer or hardware purchases. Director Lancaster responded that the
approval of the GIS and data acquisition would help the department substantially in addition to the
Council's recent discussions on short and long -term space needs, which will assist the department in
optimizing its efficiency. In terms of staffing, the workload is not as dramatic as the dollar amount of
construction. Mr. Lancaster is hesitant to recommend additional staffing during this peak time;
especially since much of the increase is related to Internet businesses.
Director Morrow reiterated Public Works is experiencing more complexity in work due to ESA and
stormwater requirements. Currently, staff is handling the workload increase but is nearing capacity. He
noted both departments meet frequently to review projects.
Councilmember Haggerton suggested it would be helpful if the Council maintains contact with state
legislators because many the problems created for municipalities are dictated by the State of Washington.
ESA has a federal program, but by the time the state legislature reviewed it, added additional
requirements, the burden of the tasks, and associated requirements increased.
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City Council of Whole Meeting Minutes
REPORTS:
a. Mayor
b. City Council
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August 14, 2000
Councilmember Carter noted there were not many communities with a population of 15,000 incurring
permit activities of $146 million or even 420 building permits unless they are growing in population
every year, which Tukwila is not experiencing.
Councilmembers complimented administration and staff for providing updates on important activities
and issues occurring within the City, specifically Administrator McFarland's update and updates from
Deputy City Clerk Bob Baker.
Mayor Mullet reported the administration would be increasing the level of activity with Sound Transit,
especially on the EIS issue.
Another issue relating to Internet businesses pertains to a recent meeting with Puget Sound Energy and
Seattle City Light concerning the amount of electricity required by these companies. He cautioned that it
would become an issue of how power resources will be handled.
Councilmember Hernandez attended the Block Watch party on Tuesday, August 8, at the McMicken
Heights neighborhood which is experiencing problems with drug trafficking in residential areas.
On Wednesday, August 9, she attended the "Music in the Park" series at Bicentennial Park. On August
10, she attended the volunteer banquet, which was an excellent banquet that afforded an opportunity for
everyone to visit with one another.
Councilmember Hernandez reported the Mountain View Apartments recently received $480,000 in
funding from the King County Housing Finance Program.
Councilmember Carter will attend a SCATBd meeting that will include a review of the Blue Ribbon
Transportation Commission recommendations.
Last Thursday, August 10, she attended a Transportation Policy Board meeting and a joint meeting with
the Growth Management Planning Board. Discussions included the Metropolitan Transportation Plan
(MTP) and the Transportation Improvement Program (TIP).
Council President Duffie reported on the successful picnic at the Tukwila Park for volunteers. He
thanked the Police Department and other departments for sponsoring the picnic. He noted the City
recognizes its volunteers, who are very important.
Councilmember Haggerton attended the Utilities Committee meeting on August 8. Copies of the
minutes were distributed. He also attended the "Night Out Against Crime" event at the McMicken
Heights neighborhood. One thing impressive about the neighborhood is how well organized they are.
On August 9, Mr. Haggerton attended a Cascade Water Alliance Board of Directors meeting. On
Wednesday, August 16, he will attend a Suburban Cities Board meeting.
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City Council of Whole Meeting Minutes
Councilmember Linder reported the Union Gospel Mission would be meeting quarterly rather than
monthly. A new director for the south county area will be providing monthly reports.
Councilmember Linder said she received a copy of the I -745 and asked if the Council would be
addressing the initiative. Council Analyst Lauterbach said she would be analyzing the impact to cities
that the various initiatives may have.
Councilmember Fenton will attend the Community Affairs and Parks Committee on August 15.
Councilmember Simpson had no report.
c. Staff
Administrator McFarland provided a status report on issues concerning Western Cascade and said the
City is working on a multi department effort on non conforming use rights. Staff will be meeting with
its attorney. The Public Works Department is working to designate a specific truck route concerning the
traffic issue and a noise specialist is being recruited to conduct a comprehensive analysis to determine if
the noise ordinance is being violated. Air quality issues are under the authority of Puget Sound Clean
Air Agency, however staff will assist in educating the public on how to access the public agency. The
water supply issue relates to whether Western Cascade has backflow prevention and if their wash rack
complies with Clean Water standards.
d. City Attorney
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August 14, 2000
Administrator McFarland updated the Council on various litigation issues. One involves Timberland.
The issue was believed to have been settled but was remanded back to the judge due to land use issues
pertaining to the site.
Oral arguments were completed on the Tukwila verses Deja Vu lawsuit for damages and attorney fees,
based on the ruling pertaining to Tukwila's ordinance. The City Attorney will be providing information
on the complications related to the litigation.
Finally, an administration action involving Hammerling is currently being heard by the Hearing
Examiner.
Councilmember Fenton moved, seconded by Councilmember Hernandez, to adjourn the meeting
for a five- minute recess and a 30- minute Executive Session on land purchase.
EXECUTIVE SESSION:
Real Estate Purchase Pursuant to RCW 42.30.110(1)(b)
No action taken.
City of Tukwila
City Council of Whole Meeting Minutes
ADJOURNMENT:
10:08 p.m. Having no other business to come before the Council, Council President Duffie adjourned
the meeting.
Sti
oLL 4. F(tic 01'i
Robert H. Baker, CMC
for Valerie Gow, Recording Secretary
Date Minutes Signed: /O /00
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August 14, 2000