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2006, 12-12 Regular Meeting MinutesAttendance: Diana Wilhite, Mayor Steve Taylor, Deputy Mayor Mike DeVleming, Councilmember Dick Denenny, Councilmember Bill Gothmann, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, December 12, 2006 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 106 meeting. City Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Mike Connelly, City Attorney Ken Thompson, Finance Director Mike Jackson, Parks & Rec Director Greg McCormick, Planning Manager Neil Kersten, Public Works Director Cary Driskell, Deputy City Attorney Scott Kuhta, Senior Planner Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Councilmember Munson gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Taylor, seconded and unanimously passed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: None. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Schimmels: spoke of the Spokane Valley Arts Council meeting he attended about a month ago. Councilmember Denenny: reported that he attended last week's Health Board meeting and that the board is doing well with their transition; and that he represented the Mayor by attending a reception for Critical Lodging, a company moving here from California. Deputy Mayor Taylor: mentioned that he attended a tour this morning of formal housing projects in Spokane Valley hosted by the Spokane Low Income Consortium; Councilmember Gothmann: stated that he also attended the Health Board meeting where the board members were updated on different health concerns in the community; that he also attended the National League of Cities (NLC) conference in Reno, and of special interest was a session on seniors and how they are becoming an increasingly large segment of our community, and he mentioned it would be a great idea to pursue the development of an advisory group to provide the city with information or comments relative to the senior population. Councilmember Munson: reported that he also attended the NLC where he attended a workshop on re- tracking and another workshop which discussed setting green regulations and how to apply some of those concepts to our building codes or if they are applicable and workable; that he met today with the Spokane Transit Authority which discussed budget, adding that they anticipate a 4% increase in sales tax for next year. Council Meeting: 12 -12 -06 Page 1 of 7 Approved by Council: 01 -09 -07 VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT 11 -30 -2006 10473 - 10474; 10486 -10549 284,067.23 11 -30 -2006 10484 -10485 1,480,823.20 GRAND TOTAL 1,764,890.43 MAYOR'S REPORT: Mayor Wilhite reported that she attended the celebration of Spokane's 125 birthday; she chaired her last meeting as Chair of the NE Mayor's Association; she also attended the NLC convention in Reno; and this afternoon she traveled to Central Valley High School to join Washington's Governor as she made an announcement on initiating programs of math and science, and of her intent to work toward amending the Washington State Constitution to allow school bonds to pass with a simple majority. PUBLIC COMMENTS: Gail Stiltner, 10119 E 44 Avenue: remarked that she wanted to share a viewpoint; that concerning the survey work started on 44 Ave in Ponderosa regarding a bike and walkway, that many residents were aware something was going to happen but not aware of exactly what or when; and when surveyors started their work interest mounted throughout the community and questions were raised; that she expressed thanks to Mr. Worley and Mr. Stamatoplos for their help, but she would like the City to be mindful of how important these projects are to the area residents and how the projects will affect them; like the need for a road in and out of the community and that it is more important than a walkway. She stated that she realizes citizen input will be taken but fears it may be given at a time too late and she would rather citizen input be placed in the forefront of the planning process, and would like to see such a procedure put in place. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. a. Following Claim Vouchers: b. Payroll for Period Ending November 30, 2006: $216,977.46 c. Minutes of November 28, 2006 Council Regular Meeting It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS 2. Second Reading Ordinance 06 -028 Amending 2006 Budget — Ken Thompson After City Clerk read the ordinance title, it was moved by Deputy Mayor Taylor and seconded to approve Ordinance 06 -028 amending the 2006 budget. Finance Director Thompson went through his PowerPoint presentation explaining the proposed changes in revenue and resulting budget adjustments; and added that there have been no changes since the ordinance's first reading. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Second Reading Proposed Ordinance 06 -029 Amending SVMC 2.50 — Nina Regor After City Clerk read the ordinance title, it was moved by Deputy Taylor and seconded, to approve Ordinance 06 -029. Deputy City Manager Regor explained that at previous meetings, staff proposed some potential updates to the Code and this ordinance incorporates those changes; e.g. adding sections to address nepotism, conflict of interest, and violence in the workplace; adding that the only change to the ordinance since the first reading is to correct a scrivener's error. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions. None. Motion carried. Council Meeting: 12 -12 -06 Page 2 of 7 Approved by Council: 01 -09 -07 4. Proposed Resolution 06 -025 Replacing 03 -015 — Nina Regor After City Clerk Bainbridge read the resolution title, it was moved by Deputy Mayor Taylor and seconded to approve Resolution 06 -025. Deputy City Manager Regor explained that this resolution would replace resolution 03 -015 which identified insurance plans that the city wanted to offer, and includes a new proposal to add the option of a premium only plan, which would allow the employee or Council member to pay their share of the premium costs using pre -tax income. Brief discussion included the mention that not all councilmembers elect to participate in the medical plan; and that the first new paragraph under section 1 speaks to employees and not councilmembers, Mayor Wilhite invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Proposed Resolution 06 -026 Replacing 04 -020 — Nina Regor After City Clerk Bainbridge read the resolution title, it was moved by Deputy Taylor and seconded to approve resolution 06 -026. Deputy City Manager Regor noted that all proposed changes are housekeeping in nature, but do represent more changes than were seen in September, specifically section 3 concerning sick leave. Ms. Regor explained that rather than list the uses of sick leave, the state regulations of RCW 49.12 and WAC 296 -130 are referenced. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Motion Consideration: Urban Growth Area (UGA) Defined — Scott Kuhta It was moved by Deputy Mayor Taylor and seconded, to request the City of Spokane Valley Urban Growth Areas as recommended by the Spokane Valley Planning Commission including the following additional properties or areas (as displayed on the map entitled "City Council UGA Analysis"): CCR -1, CCR -2a; CCR -2b; and CCR -3. Senior Planner Kuhta explained the process and discussed the various potential UGAs as shown on the "City Council UGA Analysis" map. Mr. Kuhta also made reference to a letter from Kim A. McGogney- Linke requesting a revision of parcels situated at 17811 E 32 Avenue, close to the Morning Side Development; requesting a change from their current status or Urban Reserve, to Urban Growth. Mr. Kuhta said that the area is in the urban reserve area but outside our UGA. Discussion followed on population allocations and areas; preserving the natural state of the Ponderosa area; zoning designations and mention that we do not have a comparable zone to "rural conversation" as Mr. Kuhta explained if the property is to remain rural, it should remain in the County. Mayor Wilhite invited public comment. PUBLIC COMMENT: Stacy Bjordahl, 422 W Riverside, Spokane: said she speaks on behalf of four different property owners: Bud Morrison, Jack Kestell, Ken Tupper, and Viktor Sizov, and said that letters have been submitted regarding those properties; that regarding the assumption of density in particular the low density residential zone; she stated that the land capacity analysis assumes developing at four units per acre; that in the public hearings held last year, the number one complaint was that four units per acre is too dense; and that developers are trying to go to the maximum in order to have lots available to build and sell; and she asks that Council go back and look at the assumption, especially on city lots where there will be infill development, to see if four units per development acre is realistic on a one -acre lot; and that maybe two to three per acre would be more appropriate, realistic and more consistent with how environment is developed here. She added that there is a case that says if you have a private covenant that restricts density or prohibits further lot development in terms of subdivision, it won't be developed; and that there are a lot of already developed existing lots in the Valley. She mentioned that regarding the specific areas that have been designated, a lot of those areas are cases where the property owner did not request to be included in the UGA; and there are other property owners who have asked to be in the UGA and they are not in tonight's proposal; and that it would be inconsistent to think that the areas are being designated Council Meeting: 12 -12 -06 Page 3 of 7 Approved by Council: 01 -09 -07 without a request, that those areas will be developed; and if a property owner is ready and willing to develop, they would make such a request to be part of the City's UGA, which has not been done; and that those areas include the areas of Plantes Ferry, the NE Edgecliff area, Ponderosa, and some of the south east portions. Ms. Bjordahl mentioned that many areas proposed to be included are not consistent with the Growth Management Act, because the GMA states when the area is designated, you first look to areas where there are services available, sewer lines in place and an area characterized by urban growth; and in particular in looking at Plantes Ferry, staff's report said that none of that area is sewered, yet that is an area to be included in the UGA. Concurrency would also be a problem, she stated, and she feels the record does not support those areas being included in the UGA; and she asks that Council look at the assumptions and the specific requests submitted and to perhaps re- evaluate those areas. Mayor Wilhite invited further public comment; no other comments were offered. Councilmember Munson mentioned the importance of time and that there must be forward movement or we could be in violation of the CTED rules and possibly lose some CTED funding; and he prefers to go with staff's recommendations. Councilmember Gothmann added that he has a concern with the CCR -3 area and that Cities are not allowed to designate rural areas; and that particular area needs to be a conservation area and is exactly the same area as the Dishman Hills conservation area, and that he proposes to exclude CCR3 from this consideration. Deputy Mayor Taylor asked Mr. Kuhta what the Planning Commission considered and what was their process in terms of individual requests to be included in the UGA. Mr. Kuhta explained that all letters were forwarded to the Planning Commission; that the County also received requests and input; and all that information was given to the Planning Commission which resulted in staff forming a boundary that tried to incorporate as many requests as reasonable; keeping in mind the need to accommodate 33,000 citizens; and that afterwards the Planning Commission made their recommendation. Mr. Kuhta explained that forwarding this boundary is not the end of the process, as a full capital facilities analysis must be completed which might show that areas need to be revised; that this will go forward through our Comp Plan Amendment process with a full capital facilities plan amendment as well. In response to questions about what is considered when evaluating these requests, Mr. Kuhta added that transportation impacts must be considered, and that there are currently levels of service problems at Sullivan and Pines; that there is currently a large UGA on the southeast area; that this boundary and the capital facilities analysis must also go before the Spokane Regional Transportation Council, which will send us some modeling reports, and if the impacts are not severe, it might be appropriate to add more land if needed. Councilmember Munson asked regarding the CCR2b area, if the cities of Liberty Lake and Spokane Valley both ask for that area, what type of conflict resolution can be expected. Mr. Kuhta said if council recommends asking for that CCR2b area, discussions should be held with Liberty Lake giving them our reasons why we are requesting this area, and the decision ultimately goes to the County as arbitrator, and the County could designate it for growth for Liberty Lake, or for Spokane Valley, or a three -way joint planning area. In response to a question concerning how the units per acre are calculated, Planning Manager McCormick explained that it refers to the assumption that low density residential would be four units per acre; and that that is the regional methodology to do land analysis and not something as a result of a court case or staff recommendation, but is a regional methodology that every city within the County, and the County also, calculates land capacity; but that we are not proposing a minimum density of any zoning we are developing; and the current zoning densities are maximum designations. Senior Planner Kuhta added that staff will forward copies of Planning Commission minutes, as well as citizen's letters, to council concerning this issue. Mayor Wilhite expressed her view that concerning the CCR3 area, she said there is not a lot of good developable land there although there is some development there, but her concern is that the Ponderosa Council Meeting: 12 -12 -06 Page 4 of 7 Approved by Council: 01 -09 -07 has been looking at an access road and feels that would occur quicker if the area were under the City's control; and that those citizens would be under our police response time rather than the County's as the citizens would likely feel that would be beneficial; and that she does not want to see this land developed as high density but does see a need for the area to be included in the city limits to address development issues. Councilmember Gothmann asked if it would be possible to designate that area, or part of that area as an urban conservation area. Mr. Kuhta said that would be possible through a comp plan amendment and creating a new category for this one specific piece of ground. Deputy Mayor Taylor said that he feels there would be more pressure to develop that area to a non -rural standard if it was within our UGA; whereas if it remains in County rural conservation there would be less pressure to do so. Councilmember Denenny questioned why we would be bringing in something that does not add to an area that would accommodate population; but rather cooperation by joint planning might better fulfill the needs of the area. City Attorney Connelly said that the recommendation we are sending to the Steering Committee is urban growth areas, which are designated as areas where urban growth is expected to occur; so urban conservation areas is a different topic; and if Council would like to build a road or protect an area, there are other avenues to work toward those pursuits. Deputy Mayor Taylor said he would like to amend his motion (friendly amendment) to remove the CCR3 area; seconder accepted that friendly amendment. City Clerk Bainbridge reiterated the new motion: to request the City of Spokane Valley Urban Growth Areas as recommended by the Spokane Valley Planning Commission including the following additional properties or areas (as displayed on the map entitled "City Council UGA Analysis"): CCR -1, CCR -2a; CCR -2b. Councilmember DeVleming added that he would still like to review the relevant letters and the specific portions of the Planning Commission minutes that address this issue. Discussion ensued concerning the process. City Attorney Connelly stated that the timing of the recommendation is not clear and we will need further direction from the County; although it appeared the Steering Committee wanted those recommendations immediately, before formally amending our comprehensive plan. Mr. Kuhta further explained that the final process should include us amending our comprehensive plan to include those areas, which would then be forwarded through with the County making the final determination. Mr. Kuhta also explained that the bifurcation part of this action is that the County is trying to get all of their comp plan updated, including UGAs in their five -year update; they split -off the UGA discussion from the rest of the comp plan amendments which is mostly text amendments and some land use changes within the existing UGA; so the County has taken this UGA process and will be moving it forward through 2007; and that is where we get to this discussion of timing, and what goes first, and he hopes the meeting this week will answer those questions. Mr. Connelly explained that if council desired, we could wait a week until we have more information, and include this matter on next week's agenda. After council discussion, Deputy Mayor Taylor withdrew his motion and the seconder accepted. City Manager Mercier said that the additional information for council would include copies of letters received from property owners and presented to the Planning Commission. Mr. Connelly added that prior to staff drafting a facilities analysis, first specific UGA's must be selected, then staff can do their analysis on those UGAs for further presentation to Council. Mr. Mercier also added that because we require modeling information from SRTC, we are looking at a two or three month process to come back with this information, but can provide council with copies of letters for next week's council meeting. Mayor Wilhite said that council will ruminate this issue until the next council meeting, which will also give councilmembers an opportunity to further think about these areas; and hope to hear about the outcome from the steering committee meeting. Deputy Mayor Taylor reiterated the need for all councilmembers to do careful analysis of letters and whatever other documents necessary to help make a determination. Council Meeting: 12 -12 -06 Page 5 of 7 Approved by Council: 01 -09 -07 Mayor Wilhite called for a recess at 7:25 p.m. and reconvened the meeting at 7:35 p.m. 7. Motion Consideration: Appleway Corridor — Dave Mercier /Mike Connelly City Attorney Connelly explained that by letter dated November 15, 2006, the City recently asked the County to acknowledge the City's ownership of the proposed Appleway extension; and by Spokane County's letter dated December 5, 2006, they refused to do so. Mr. Connelly said that the position of Spokane County appears to be that this dedicated road, as opposed to other roadways within the City of Spokane Valley, did not revert to the City upon incorporation; and that it is the City's position that the roadway did revert upon incorporation; and that it is clear that the failure to resolve this dispute could adversely impact pending $4 million dollars in federal funds on that road's improvement, and of the development of the City Center, which is at least in part adjacent to the roadway in question. The options before Council, Mr. Connelly explained are to (1) authorize the initiation of a suit, (2) seek an agreement for mediation or arbitration, (3) continue negotiations, or (4) take no action. It was moved by Mayor Wilhite and seconded by Deputy Mayor Taylor that we authorize the initiation of an action in Spokane County Superior Court to resolve existing disputes as to ownership of the proposed Appleway Extension. Mayor Wilhite invited public comment. Tony Lazanis, 10626 E Empire: said he thinks we should go with the lawsuit; and take over the sewers too; that we have spent enough time on this and should own the sewers to benefit the Valley and the people. Vote by Acclamation after brief council discussion: In favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 8. Motion Consideration: Lodging Tax Grant Allocations - Deputy Mayor Taylor It was moved by Deputy Mayor Taylor and seconded, to allocate the funding recommendations as listed: Spokane County Fair & Expo Center $20, 000; Spokane Regional Convention /Visitor's Bureau $175,000; Spokane Regional Sports Commission $100,000; Spokane Valley Heritage Museum $10,000; Valleyfest $25,000; Six Bridges Arts Association $12,500; and CenterPlace $40,000. Mayor Wilhite invited public comment. Tony Lazanis: said he would like the City to keep $150,000 to put up a tourism facility around the mall; that it could be a small building so tourists can have coffee, and that we use that money much wiser than we are doing now. After brief council discussion concerning the idea of additional proposals in the spring, and the reserves, Council voted by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 9. Mayoral Appointments: Committees, Planning Commission — Mayor Wilhite Mayor Wilhite explained that there are several committees and commissions which have members whose terms expire the end of the year; and that the openings on the Planning Commission were advertised, but no one other than the incumbents expressed a desire to be on that commission. Mayor Wilhite stated that she spoke with each councilmember and some are in the middle of situations and requested no change be made; but that she did make a proposed change to the Finance Committee, removing her name and adding Mr. DeVleming's; and likewise proposed changing the SRTC (Spokane Regional Transportation Council), removing Mr. DeVleming's name and adding hers. It was moved by Councilmember Munson and seconded to approve the appointments to the various boards and committees as noted on the accompanying list, [which list is attached to the final approved minutes] which includes the Planning Commission appointments. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENTS. Mayor Wilhite invited general public comments. No comments were offered. ADMINISTRATIVE REPORTS: 10. Dangerous Dog Appeal — Cary Driskell Deputy City Attorney Driskell gave a brief history and background on handling appeals concerning dangerous or potentially dangerous dogs; and that the Board of County Commissioners informed us that it will not handle such appeals in the future; and as a result, Council needs to determine how to Council Meeting: 12 -12 -06 Page 6 of 7 Approved by Council: 01 -09 -07 will not handle such appeals in the future; and as a result, Council needs to determine how to administratively handle those future determinations. After Attorney Driskell explained, and Council discussed the four options (as per his December 5, 2006 memorandum), it was council consensus to choose the option that Council amend Spokane Valley Municipal Code 7.30.010 and .030 so that appeals go from SCRAPS (Nancy Hill) with review by the Hearing Examiner on behalf of the City; and that the decision by the Hearing Examiner would be final with any appeal taken directly to Superior Court. Mr. Driskell will prepare a draft ordinance for a future council meeting. 11. Uniform Development Code (UDC) Title 17, 18, and 20 — Greg McCormick Planning Manager McCormick went through his PowerPoint presentation explaining the general concepts and provisions contained in three Uniform Development Codes: Title 17- General Provisions; Title 18- Boards & Authorities; and Title 20 — Subdivisions. Discussion ensued regarding the Council's process of discussing these titles, with Councilmember DeVleming stating his preference to have more of a round- table type discussion of these issues. Councilmember Denenny asked if staff could identify which items are necessary as per state statutes and therefore would not be susceptible to change, and which sections are more flexible and open to change. Mr. Mercier remarked that while Titles 19 and 22 will require more in -depth discussion as those contain the bulk of policy concerns, perhaps in dealing with these materials, Councilmembers can mark those items they want conversation about, and send those comments to staff who can then gather all remarks into one document for further discussion; and as such, Mr. Mercier asked if Council would submit their materials (comments on titles 17, 18 and 20) to Chris Bainbridge in preparation for the January 2 meeting. Council concurred. There being no further business, it was moved by Councilmember DeVleming, seconded, and unanimously agreed to adjourn. The meeting adjourned at 8:23 p.m. ATTES ristine Bainbri ge, ity Clerk Council Meeting: 12 -12 -06 Approved by Council: 01 -09 -07 (It-P‘-•;--0-uld, 1,,,:e0._ Diana Wilhite, Mayor Page 7 of 7 BoardfCortr rnittce Current Representative Convention Center & Visitor's Bureau Steve Taylor (annual appointment) Economic Development Council (annual appointments) Emergency Communications 911I3oa d Mike DeVleming 01 - - nth (re- appointment not necessary; terns of members of the hoard run in perpetuity as long as such individual retains the prerequisite for the position which tlhe). are filling, or until their appointment body designates a new representative.) Finance Com.nrittee (annual appointments) Growth ['v gmt Steering Committee (one -year terms) .Health .District Board (serves at discretion of appointing Mayor but not to exceed 3 years) To appoint or re- appoint, Mayor writes letter to BoCC requesting consideration of Board approval) International 'Trade Alliance Rich Munson (a one-year term) Planning Commission (3 -year terms) Spokane Co. Air Pollution Control V Authority (SCAPCA) 4 -year tern, SCRAPS (a one -year term) Solid Waste System .Liaison :Board (Members serve at discretion of :Respective government bodies. Our history has been re- appointing annually.) Spokane 'Transit A.uthority (STA) (one -year term) 0 0 Dick Denenny, alt. Diana Wilhite 01 -01 -07 12 -31 -2007 Steve Taylor, alternate 01 -01 -07 12 -31 -2007 Mike :DeVleming Rich v1unso11 Steve Taylor Mike DeVleming 01 -01 -07 Rich Munson 01-01-07 (all remaining council members as alternates) Dick Denenny Bill Ctothmann John Carroll lan Robertson Marcia Sands Mike DeVleming 01 -01 -07 Gary Schimmels 01. -01 -07 ltil ike.DeVleming, alt 01 -01 -07 Gary Schimmels 01-01-07 Mike DeVleming, alt 01- 01. -07 Sp Reg Trans Council Board (SRTC) Gary Schimmels (three - year terms) Diana Wilhite, alt Dick Denenny Rich Munson Beginning Terni 01 -01 -07 01 -01 -07 01-01-07 01 -01 -07 01-01-07 01 -01 -07 12-31-2007 01-01-07 1 2 -31 -2007 01-01-07 12-31-2007 01 -01 -07 01- 0.1 -07 01- 0:1 -07 01 -01 -07 01-01-07 01 -01 -07 01 -01 -07 Term :Expires 12 -31 -2007 12 -31 -2007 12 -3 1-2007 12 -31 -2007 12 -31 -2007 12 -3 1 -2007 12 -31 -2007 12 -31 -2009 12-31.-2009 12-31-2009 12-31-2010 12 -31 -2007 12-31-2007 12 -31 -2007 12 -31 -2007 12 -31 -2009 12 -31 -2009 12 -31 -2007 12 -31 -2007 NAME PLEASE PRINT TOPIC OF CONCERN YOU WILL SPEAK ABOUT ADDRESS TELEPHONE C o c. k 5 . t k-vv-I .,.. C_'.1;- \pct.- k • fo kt c( 4 4 1 -12a wi ett41-q66 a _9 -L a‘L2 ‘)2cr-czt,c SICtiBybArit , )A&A '\ [ GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: December 12, 2006 CITIZEN COMMENTS YOUR SPEAKING TIME WILL BE LIMITED TO THREE MINUTES Sig in if you wish to make public comments.